1997 - MEETING MINUTES CITY OF FAYETTEVILLE, NORTH CAROLINA REGULAR MEETING JANUARY 6, 1997 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER JANUARY 6, 1997 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Ron Hansen, Chief of Police Carl Milazzo, Police Legal Advisor Pete Piner, Fire Chief Frank Simpson, Inspections Director Brad Whited, Airport Director Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Captain Sherman Cundiff with the Salvation Army, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins thanked Captain Cundiff for his contributions to the community and presented him with an official City pin. Mayor Dawkins expressed condolences to the Family of Reverend Roscoe Houser, former Rector at St. John's Episcopal Church, 1954-1974, and Ms. Elizabeth Markham, the mother of former City Councilmember George Markham. Mayor Dawkins stated the Character Education Concept for January 1997 was Self Discipline. 1. APPROVAL OF AGENDA Councilmember Smith approved the agenda, seconded by Councilmember Dempster and carried unanimously by a vote of 9 to 0. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Councilmember Kendrick requested to pull Item E.6. Councilmember Cheek moved to approve the consent agenda with the exception of Item E.6. After a second from Councilmember Ross the following items were unanimously approved by a vote of 9 to 0. A. Approve minutes of regular meeting of December 2, 1996. B. Approve tax refunds over $100. Taxpayer's Name Nature of Clerical Error Amount Toyota of Fayetteville Inc. Per the audit overstated machinery and $190.72 T/A Rick Hendrick Toyota equipment figures C. Adopt two resolutions pursuant to N.C.G.S. 160A-31(c) fixing a date for a public hearing for the following petition-initiated contiguous annexation areas: (Suggested public hearing date: January 21, 1997.) 1. Property of Stewart Oldsmobile, Inc. (Located on southern side of Raeford Road, across from the Bunce Road intersection). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE PURSUANT TO N.C.G.S. 160A-31(C) FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED CONTIGUOUS ANNEXATION AREA - PROPERTY OF STEWART OLDSMOBILE, INC. (LOCATED ON SOUTHERN SIDE OF RAEFORD ROAD, ACROSS FROM BUNCE ROAD.) RESOLUTION NO. R1997-001. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. 2. Fairfield Farm - extension of property of Brolanco Corporation. (Located west of Section 1 of Fairfield Farm, which is located north of Andrews Commons Shopping Center.) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE PURSUANT TO N.C.G.S. 160A-31(C) FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED CONTIGUOUS ANNEXATION AREA FAIRFIELD FARM EXTENSION OF (PROPERTY OF BROLANCO CORPORATION.) RESOLUTION NO. R1997-002. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. D. Adopt resolution accepting Drexel Road for City maintenance. RESOLUTION OF THE FAYETTEVILLE CITY COUNCIL AUTHORIZING ACCEPTANCE OF DREXEL ROAD. RESOLUTION NO. R1997-003. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. E. Approve the following Finance matters: 1. Adopt Special Revenue Fund Project Ordinance Closeout Number 97-1 (Police Juvenile Restitution). This project was established on October 3, 1994, to be used to instruct youth in job/life skills which would help to build their self-confidence and to improve their communication skills. Another purpose was to locate community job sites for juveniles who were court ordered to perform community service work. The expenditures and revenues associated with this program have been audited by Cherry, Bekaert & Holland and are recommended for closure. 2. Adopt Special Revenue Fund Project Ordinance Closeout Number 97-2 (Police-Traffic Cones). This project was established on November 6, 1995, for funding the purchase of 750 traffic cones to be used in Police Department checkpoints, i.e., DWI or seatbelt enforcement checkpoints. The expenditures and revenues associated with this program have been audited by Cherry, Bekaert & Holland and are recommended for closure. 3. Adopt Special Revenue Fund Project Ordinance Closeout Number 97-3 (Police - Seat Belt Enforcement). This project was established on December 18, 1995, for funding overtime for the enforcement of traffic laws relating to safety belts and motorcycle helmets. The expenditures and revenues associated with this program have been audited by Cherry, Bekaert & Holland and are recommended for closure. 4. Adopt Special Revenue Fund Project Ordinance Closeout Number 97-4 (Police - Booze It and Lose It). This project was established on April 17, 1995, for the purpose of video camera and surveillance equipment. The expenditures and revenues associated with this program have been audited by Cherry, Bekaert & Holland and are recommended for closure. 5. Adopt Special Revenue Fund Project Ordinance Closeout Number 97-5 (Police - Vascar Speed Enforcement Project). This project was established on October 24, 1994, for funding a vascar speed enforcement program. The expenditures and revenues associated with this program have been audited by Cherry, Bekaert & Holland and are recommended for closure. 6. (Pulled for discussion.) 7. Adopt Budget Ordinance Amendment Change 97-5 (Annexation Phase II Public Improvements). This amendment reduces the bond proceeds in the General Fund by $2,275,000. The proceeds will be accounted for in a capital project fund and will be used for Phase II Annexation infrastructure improvements. 8. Adopt Capital Project Ordinance 97-3 (FY 1997 Transportation Improvements). The ordinance creates a project fund in the amount of $1,750,000 for various transportation improvements including the FY 1997 annual street surfacing program and Phase I of the Morganton Road sidewalk project. These funds were approved in the FY 1997 General Fund budget and are being moved to a multi-year project fund. 9. Adopt Capital Project Ordinance Amendment Change 97-7 (Digital Traffic Signalization). City Council at their July 5, 1994, meeting approved a revision to a municipal agreement with NCDOT for enhancements to the computerized signal system. The estimated procurement cost was $40,000. NCDOT has now approved the purchase of additional equipment in the amount of $46,793. 10. Adopt Capital Project Ordinance Amendment Change 97-8 (1995 Street Resurfacing Contract). City Council at their February 6, 1995, meeting adopted a capital project ordinance creating a project fund for various transportation improvements to include the FY 1996 annual street resurfacing contract. This amendment appropriates an additional $83,500 to cover the cost of Barnhill Contracting finishing the contract originally awarded to McDiarmid. McDiarmid will be doing work for Recreation and Community Facilities in lieu of damage payment in the amount of $83,500. 11. Adopt Capital Project Ordinance Closeout 97-2 (Transportation Fund-Sidewalk Construction). This project ordinance funded several infrastructure improvement projects including Dallas and Englewood and Area 200 annexation engineering. The expenditures and revenues associated with this program have been audited by Cherry, Bekaert & Holland and are recommended for closure. 2.E.6. Adopt Special Revenue Fund Project Ordinance Closeout Number 97-6 (Police - Video Camera Equipment ). This project was established on November 20, 1995, for the purchase of five in-car video cameras to be used in the Police Department's impaired driving enforcement project. The expenditures and revenues associated with this program have been audited by Cherry, Bekaert & Holland and are recommended for closure. Councilmember Kendrick requested a report on the success of this project. He moved to approve, seconded by Councilmember Dempster and carried unanimously by a vote of 9 t 0. Councilmember Torrey requested that Item 6. of this meeting be televised. 3. PUBLIC HEARINGS: A. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour on the following streets: 1. Kingswood Road from Mirror Lake Drive to Westview Drive. 2. Westhaven Drive from Westview Drive to its end. 3. Westview Drive from Mirror Lake Drive to McBain Drive. Assistant City Manager Jimmy Teal presented this item. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition. The public hearing opened and closed at 7:12 p.m. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1997-001. Councilmember Kendrick moved to adopt the ordinance, seconded by Councilmember Smith and carried unanimously 9 to 0. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1997. B. (P96-128F) Consideration of an application by Doug Dieter for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-33(11) to allow a cellular tower in an M1 Industrial District for an area located north of Cumberland Road and east of Owen Drive. Containing .27 acres and being a portion of the property of Carolina Power Company, Inc., as evidenced by deed recorded in Deed Book 292, Page 410, Cumberland County Registry. Kathy Baker of the Planning Division staff presented this item. She reported on a density study which had been done by the American National Standards Institute. Ms. Baker stated that all requirements for an application for a Special Use Permit had been met and the staff would make no recommendation on the Special Use Permit because it is a Quasi-Judicial Proceeding and the Council must base its decisions on the finding of facts as presented by the applicant. This is the advertised public hearing set for this date and time. The public hearing opened at 7:25 pm. Mr. Jerome Eatman, 360º Communications Company, Raleigh, North Carolina, and Mr. Dan Piekiel, Project Engineer for 360º Communications, Chicago, Illinois, appeared in favor of the Special Use Permit. There was no one present to speak in opposition and the public hearing closed at 7:35 p.m. After a discussion Councilmember McBryde moved to approve the Special Use Permit based on the following findings of fact: 1. Such use shall fit in with the character of the area; and 2. Such use is not detrimental to the surrounding neighborhood. Councilmember Kendrick seconded the motion. The Special Use Permit was approved by a vote of 8 to 1 with Councilmember Torrey in opposition. C. Consideration of adoption of an ordinance to extend the corporate limits of the City of Fayetteville. (Petition initiated contiguous annexation area.) (Greystone Farms, Section 3.) Deputy City Manager Roger Stancil presented this item. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition. The public hearing opened and closed at 7:42 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. GREYSTONE FARMS, PROPOSED SECTION 3. SUBMITTED BY BROADWELL-WEBER INVESTMENTS. ANNEXATION ORDINANCE NO. 97-01-416. Councilmember Smith moved to adopt the ordinance to be effective immediately, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 9 to 0. A copy of the foregoing annexation ordinance is on file in the City Clerk's office in Annexation Book 1997. 4. Consideration of Eufaula Street issues: A. Summary presentation of Eufaula Street Study. Assistant City Manager Jimmy Teal presented this item. Mr. Teal thanked Mr. David Nash for his work on this project. Mr. Teal stated the findings from the Eufaula Street Study were as follows: 1. The County is in compliance with the State's buffer requirements for landfills. 2. The County has received a permit to construct a new lined landfill on a site which is east of the current site and further from the homes located in the Eufaula Street area. 3. The 2010 Plan calls for high density residential development for this area. 4. The fence installed by the County is in violation of the zoning ordinance. 5. Although relocation was the number one answer given by the residents pertaining to what they would like to see occur as a result of this study, that answer represented less than half (35%) of the total responses to that question. Mr. Teal stated the staff's recommendation regarding the overall study area was as follows: 1. In light of the buffer requirements being met by the County through the acquisition of the homes within 500 feet from the disposal site and the proposed closing of the existing landfill site in favor of the new site, there is no recommendation to relocate any additional residents. 2. The County either remove the existing nine foot fence and comply with the zoning ordinance or file an application with the Fayetteville Board of Adjustment for a variance. The Board of Adjustment would rule on a finding of fact on whether the fence remained. 3. The long range land use plan for this area should be light industrial. The recommendation is consistent with the plan developed by Robert Marvin calling for an industrial site in this general vicinity. This area is currently surrounded by M1 and M2 zoning. Councilmember Cheek inquired as to whether the City Planning Commission reviewed this area and whether the neighborhood had had any input into the problem. Mr. Teal stated neither had been done. Councilmember Cheek stated this should be done. Councilmember Torrey moved to have this referred to the City Planning Commission for consideration of relocating the citizens in this area, seconded by Councilmember Ross. A discussion was held regarding the non-conforming fence around the landfill, the County's plans for closing the landfill, and the State's landfill requirement which will be effective January 1, 1998. It was determined the State of North Carolina is the regulating agency with authority over all landfill regulations. An in-depth discussion of the relocation of the citizens was held. The report given to Council stated that 35% of the citizens participating in the survey wanted to be relocated and that 23 of the 81 sites were owner occupied. Councilmember McBryde stated he felt this was a County problem. Mayor Dawkins called for the vote and the motion to refer the relocation issue to the Planning Commission failed by a vote of 3 in favor (Councilmembers Ross, Torrey, and Massey) to 6 against (Councilmembers Smith, Kendrick, McBryde, Blackwell, Dempster and Cheek). B. Consideration of the rezoning from R6 Residential District and M1 Industrial District to M2 Industrial District or to a more restrictive zoning classification for an area located on the west and east sides of Eufaula Street, north of Tillinghast Street and south of Vogel Drive. Containing 13.57 acres more or less and being the property of the County of Cumberland as acquired through the Eufaula Street relocation project and is evidenced by a map on file with the Planning Department. (Joint Planning Board Case: P96-84)(Public hearing held and closed August 5, 1996). Assistant City Manager Jimmy Teal presented this item. Mr. Teal stated this case went before the Cumberland County Joint Planning Board in June of 1996. The City Council held a public hearing on August 5, 1996. The public hearing was closed and the Council voted to delay action on the case until the staff could study the area and prepare a report. A copy of the report was given to the City Council as part of their agenda packet on December 16, 1996. Mr. Teal recommended to rezone the land on the eastern side of Eufaula Street to P2, rezone a strip of 50 feet wide on the western side of Eufaula Street to P2, leave the remaining 100 foot wide strip on the western side of Eufaula Street zoned as R6, and leave the land south of the M1 line zoned M1. This option will allow the County to enclose the landfill area in accordance to their requirements, but leave a buffer zone for the residents between their property and the fencing needed by the County. A discussion was held regarding zoning requirements, State regulations, and the City Ordinance fencing requirement needed to be met by the County in order to conform. Councilmember Cheek moved to rezone the land on the eastern side of Eufaula Street to P2 and leave the remaining 100 foot wide strip on the western side of Eufaula Street zoned as R6, and leave the land south of the M1 line zoned M1, seconded by Mayor Pro Tem Blackwell. The motion carried by a vote of 6 to 3 with Councilmembers Ross, Torrey, and Massey in opposition. 5. (P96-120F) Consideration of amendments to the zoning ordinance (Chapter 32) creating (1) a new definition of trailers to include vehicles without motive power designed for carrying property or persons wholly on their own structure and to be drawn by a motor vehicle, including, but not limited to, "Pole trailers", a pair of wheels used primarily to balance a load rather than for purposes of transportation, or a cargo container designed to be moved on a detachable chassis, and (2) a new section restricting the parking of trailers to a P1 or a less restrictive zoning district for the purpose of storage or selling at retail or wholesale any goods, products, or merchandise contained therein except in permitted storage yards, loading and unloading in residential districts and off-street loading for retail, office, hotel, and industrial areas, on construction sites and where the trailer is 150 feet from a public right-of-way or hidden from view from a public right-of-way and the trailer is not located in the front of the property. (Public hearing held and closed on December 16, 1996.) Assistant City Manager Jimmy Teal presented this item. He stated the Appearance Commission and Planning Commission recommended approval. Mr. Teal pointed out that this ordinance would exempt any action on the Levy Street/Robeson Street site that Councilmember Kendrick had requested be studied. Councilmember McBryde stated he would like to see the question on this site pursued and something be done about the situation. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE CREATING NEW SECTIONS 32-5(27.1) AND 32-56(10), REGULATING OFF-STREET PARKING OF TRAILERS OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1997-001. Councilmember Kendrick moved to adopt the ordinance, seconded by Councilmember Dempster and carried unanimously 9 to 0. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1997. 6. (P96-121F) Consideration of amendments to zoning ordinance (Chapter 32) requiring the termination of the parking off-street of commercial for-hire vehicles (2 ½ tons or more) in residential areas within 60 days of annexation. (Public hearing held and closed on December 16, 1996.) City Attorney Robert Cogswell presented this item. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 32-56(9), GENERAL REQUIREMENTS FOR OFF-STREET PARKING AND LOADING SPACE, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1997-002. Councilmember Kendrick moved to adopt the ordinance, seconded by Councilmember Torrey and carried unanimously by a vote of 9 to 0. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1997. 7. Consideration of request to address City Council from Timothy L. Smith regarding Chapter 20 of the City Code which concerns junked/derelict motor vehicles. Mr. Timothy L. Smith addressed the Council regarding the City Ordinance on junked/derelict motor vehicles. Mr. Smith stated he had been cited for a junked vehicle and felt that it was not fair because he was restoring his 1955 Chevrolet. 8. Consideration of report on allegations of discrimination within the Fayetteville Police Department. A complete transcript of this item follows: Dawkins: Item 8 is consideration of report on allegations of discrimination within the Fayetteville Police Department. We'll hear from our City Manager, John Smith, and I would like to ask of Council--Item 9 is consideration of request from two of the following representatives of the NAACP: Raymond S. Shipman and James H. Locus--if there are any questions by Council, I would prefer to hear from Mr. Smith and then hear from Mr. Shipman and Locus, and then we'd have time for any Councilmembers to ask any questions. So at this time, we'll hear from Mr. John Smith, our City Manager. John Smith: Thank you Mr. Mayor, members of Council. Of course you have received a great deal of written material with regard to this, and should have received some written material from my office as well as from the Police Department on Friday with regard to this and I certainly will not take the time to go through this report page by page with you. But what I'd like to do tonight is basically talk about what I think are really some of the key issues and then be available for questions. Let me say first of all that there have been some very, very serious allegations made, there have been some inflammatory things said, and there have been some personal attacks made, and this all tends to create a very emotionally charged atmosphere. There is certainly some very strong emotions particularly in the Police Department, not only among officers but among senior management staff within the Police Department. You know, we get into these situations and we get charges and countercharges and counter-countercharges, and what I'd really like to do this evening is try to get to what I think are the key basic issues and try to discuss them with you and separate perhaps some of the emotion from this issue. The key allega . . . [END OF TAPE] John Smith: There is a racially hostile atmosphere within the Police Department, and that this racially hostile atmosphere is supported and manifested by top level management in the Police Department, and that additionally certain individuals have claimed specific incidents of racial discrimination against them individually. I think that pretty well summarizes the allegations that have been made, taken on a factual basis. The first thing I would do in looking at those allegations--and I think the first thing that Council would do or a citizen would do--would be to look at the Fayetteville Police Department and its recent history, what kind of recent history does the Fayetteville Police Department have with regard to these issues, and I think we can say that the Police Department in recent years has a record of not only fairness but a record of aggressive affirmative action with regard to these issues. So to extend, in fact, that the Chief of Police was even recognized by the NAACP within the last few years with regard to his community leadership in these areas. Let me just cite just a few examples of the kinds of things that I'm talking about that we haven't issued any press releases on some of these things. We adopted a policy we thought was a policy that could save the City some money and provide quality recruits to the City. At one time we were doing like a lot of other big cities and some other cities and some other states, and we said that we would only accept applications in the Police Department of applicants who had already completed their basic law enforcement training, and we were getting a large number of qualified applicants on that basis. In fact I can report to you that, for example, in the state of California if you don't have your basic law enforcement training, you don't have your certification, you need not even apply for a law enforcement job because you have to get that on your own in order . . . And this is being done in some other cities. We found we were getting qualified applicants but we were not getting minority applicants. So we scraped that policy. In fact, in 1994 a special class was set up of six minority candidates who were sent to basic law enforcement training at Robeson Tech at City expense and were put on City payroll. In 1994, we also, following the loss of a number of black officers and some senior black officers, over a problem with promotion tests in the City, in order to fill some of those positions and reduce some of the barriers that existed, we reduced the time and grade requirements, in fact, we eliminated time and rank requirements for promotion eligibility. So an officer serves a one-year probationary period as a police officer and becomes eligible to take the sergeant's exam. It used to be a three-year in-rank requirement. Once you become a sergeant, you become eligible for lieutenants exam and so on. In 1995, we reinstated the training academy. Again for the purpose of providing training so that we could qualify minority applicants for police positions. These and a number of other steps were taken not in response to a court order, not in response to directions from City Council, not in response from directions of the City Manager, these were taken on the initiative of the Chief of Police with the approval of the City Manager. About a year ago, an initial inquiry into racial discrimination was initiated by the Chief of Police after some rumors emerged regarding alleged or perceived discriminatory practices in the department. The Chief of Police initiated an inquiry into this in a, I believe, an honest attempt, in a forthright attempt, and a proactive attempt to get to the facts and deal with any real or perceived discrimination in the department. In contrary to what has been released to the press, white officers were investigated, white officers were interviewed, and in fact some disciplinary actions were taken. With regard to the allegations of individual racial discrimination within a department, what we appear to have at this point is allegations revolving around three police officers. I believe you have all that information. These are referred to, and I think in the information that you have, as Officer A, Officer B, and Officer C, and I won't go in to all the details in this report. I think you can read some of this for yourself. Officer A, our response to this begins on page 5 of the material that was given to you and it runs through page 8, about a police officer who had a prior record of discriminatory action by the department. In fact, this particular officer, at the time, additional disciplinary action was taken, was on disciplinary work probation because of prior disciplinary actions. The officer had been advised any further disciplinary action would and could lead to dismissal. This officer made 11 specific allegations of discrimination. All were investigated. The officer was found to be untruthful during that investigation. During the course of the hearing on the appeal, other complaints were brought to the attention of the Chief of Police, one including the harassment of a female citizen while this officer was on duty and in uniform. Officer B is dealt with beginning on page 8. Again it had to do with the truthfulness of the officer during the investigation. Officer C is an interesting case, the particular female officer did not receive any disciplinary action. As a matter of fact, was involved in the investigation and was exonerated. Initially filed a grievance regarding revolving around a transfer, was asked at that grievance hearing if she wished to be transferred back to her prior position and she indicated she did not. I have provided you with a partial transcript of that hearing indicating the . . . It's interesting that I was criticized in the news release for wanting this officer not to make any more false allegations. The allegations to which I was referring were allegations that were made in my presence during that grievance hearing for which we had a transcript of the interview for which she made the allegations. I asked her to find what she was saying in the transcript. She took five minutes, she couldn't find it, it wasn't in there. In fact, the allegations were false. I indicated to her in the letter that she needed to be careful in the future about making false allegations. And I think really it boils down to this. Yes we do have standards in the Police Department. And I think one of the standards that we have to have for a police officer is a standard of truthfulness. We require police officers as a part of their job, as a part of their duties, in fact, they're the only City employees that as a part of their job description is required to testify in court. We give these individuals the power of arrest and we give them the ability to use deadly force. And do we have high standards? Yes I believe we do have high standards. And one of those standards is truthfulness. And I think officers who make accusations, whether those accusations are made against another citizen or those accusations are made against another officer, need to be willing to stand behind those accusations when they're made and they need to be able to support those accusations. I think as a citizen I want that for my police officers. When an officer makes an allegation against a citizen, I think as a citizen I want to be sure that that officer's going to stand behind that allegation and when that officer testifies he's going to testify, he or she is going to testify truthfully. When officers are untruthful during investigations, when they're untruthful at grievance hearings, when they make false allegations, they can expect discipline. And I think setting a lesser standard would be a grave mistake for the Police Department and for the citizens of the City. I think the facts of the case boil down to this, none of these three officers received any adverse treatment due to their race. If they received any adverse treatment at all, it was adverse treatment based upon their own actions. This was not an issue of race, quite frankly it was an issue of character. With regard to any outside investigations of these matters. When we met with representatives of the NAACP, we were informed that all complaint ensuers who came to the NAACP were referred to EEOC, Equal Employment Opportunity Commission. We have received notification, in fact, that EEOC has received complaints and those complaints will be looked into by the Equal Employment Opportunity Commission. In addition, I have called in an outside counsel to review all of these complaints and all of these issues and to advise me and provide me with assistance in the matter. In summary I think, again, we have a Police Department that has a solid record not just of equal opportunity and fairness but a solid record of affirmative action. I think the initial inquiry that was ordered by the Chief of Police was ordered in good faith and I think actions were taken and I think it was a fair inquiry. With regard to the three officers, these three officers I think received--those two officers who received disciplinary action, the third officer did not--received disciplinary action because of their actions, because of their actions, and for no other reason. And the matter is being looked into. Mr. Mayor, that's essentially my summary of the report. 9. Consideration of request to address City Council from the following representatives of the NAACP: Raymond S. Shipman and James H. Locus. A complete transcript of this item follows: Dawkins: All right, Mr. Smith we thank you and there may be questions later. Thank you very much Mr. Smith. Item 9 is consideration of request to address the City Council from the following representatives of the NAACP: Raymond S. Shipman and James H. Locus, Jr. Which . . . Mr. Shipman, I believe you wanted . . . Okay. We're glad to have you Mr. Shipman. If you'll use the mike on our left and then if they're any . . . Thank you. Shipman: Mayor Dawkins, Councilmembers, good evening. My name is Raymond S. Shipman. I'm the President of the Local Chapter of the NAACP. We have come again before you this evening to solicit your commitment to assist us in resolving concerns that we have regarding the working environment within the Fayetteville City Police Department. Since our meeting on December 16, we have submitted as you have requested specific documents and information regarding the issues we raised on that evening. There were two purposes in submitting this document. One purpose was to first to demonstrate both the seriousness of the problem and our seriousness about resolving this problem. Number two to refute any representations that may have been made on the 16th that City officials were not aware of specific circumstances that we were discussing on that date. From these documents we have now presented it is clear that not only were the City Manager and the Chief aware of the specific circumstances, they actually played a role in the disposition of these cases. I now believe it's time for us to put the diversion behind us and begin to apply the appropriate attention to the matters that our young officers greatly deserve. The number of officers, whether it be ten or twenty, is irrelevant. The implementation of the department of a discriminatory policy is designed to punish anyone who is opposed unlawful employment practices. We then submitted our letter with the documents supporting our contentions, we provided copies to the City Manager and the Chief. While the same courtesy was not extended to us when the City Manager responded last week, we were able to obtain access to this document through the press. After reviewing the response from both the City Manager and the Chief, I have concluded that they really do not get it. While we're talking about racial discrimination, they want to talk about personalities. We want to know why African-American officers have been the subject of adverse actions following statements regarding opposition to unlawful employment practices being attributed to them. We have been accused of seeking media attention at their expense. Being involved in a conspiracy to hurt them and make an attempt to have him replaced with a black officer. While these issues that we certainly are prepared to rebut at any time, we will insist the only two issues that we are concerned with at this time is the racial hostile working environment and the retaliation against officers. If the Chief is concerned that martians are coming to take his job, we'll gladly sit down and discuss it with him at a later date. But our basic concern here are the two problems. The retaliatory things that have been going on and the hostile environment in which the officers are working under. It also appears from this report that the City Manager is calling upon City Council to make public the personnel files of these officers. For you to do that would yet be another form of retaliation against these officers. The issue is the conduct of the department by systematically discriminating and retaliating against officers. The issue goes much further than simple personnel issues, but instead to illegal employment practices. We all agree that racial discrimination is a very serious matter. We also believe that time is of the essence in this matter. Last month the Council got trapped in a diversion which leads us being asked to provide documents we knew they already had. Now it appears the next all-tactics is to publisy have the files of these officers released. Such actions would amount to further retaliation against the officers. Please, let us deal with these two issues and then we can talk about the rest until the cows come home. Again the two issues being a racial hostile working environment and retaliatory practices. Also, I would like to begin my analysis with the consent decree termination. It has been brought to our attention that there's certain forces at work now to have the consent decree set aside. Second, the racial hostile working environment within the department and retaliatory actions taken by the City against the three officers. First of all, motivation for the consent decree termination. We would really like to know why should it be terminated? It has never been fulfilled. We believe it would be more appropriate to modify this agreement so that it is consistency with the law, but maintains a spirit of its original intent. Dawkins: Mr. Shipman we thank you, the five minutes are up. There may be some questions later, so if you just sort of stand by. Shipman: Thank you. Dawkins: Thank you very much. Mr. Locus. Mr. Locus we're glad to have you. If you will use the mike to my left. Locus: Good evening. [SEVERAL COUNCILMEMBERS SAID GOOD EVENING.] Locus: Let me first probably conclude Mr. Shipman's statement by stating that the NAACP is asking still for an independent counsel, independent investigation to come in and to come in and investigate the basic allegations or the foundation of allegations as to whether or not there are in fact discriminatory practices within the agency. And I think the second recommendation that we would ask for you all to consider tonight is to rescind the employment, the disciplinary action and/or adverse action that was taken against those three officers that we all now seem to understand and agree were here. Before I speak to the Council, I would like to note that I am pleased with the presence of all of the officers . . . Dawkins: All right, excuse me. Just to correct this. Of course the Council does not have that authority. I'm sure which you are aware of Mr. Locus about the three officers, the Council of course does not hire anyone except the City Manager and the City Attorney. So the Council has no authority when it comes to personnel. Locus: Could not the Council make a recommendation or some type of statement . . . Dawkins: No. Not under the Council-Manager form of government. We . . . The strictly . . . And I think you're aware of our personnel. Did you want to say anything? _________: [inaudible]. Dawkins: No, of course we have not. _________: [inaudible]. Locus: Oh certainly. But I mean we at least we know that we can all agree that we know and understand everybody between the City Manager and ourselves, we can agree we know the circumstances. Dawkins: Don't count that time where I . . . Okay. Go ahead Mr. Locus. Locus: Thank you. Again I say, I begin to speak by noting that I am pleased with the presence of all of the officers present here today in uniform. You know, for a long time I have wanted to address these officers, all of them, regarding the issues that we have raised which frankly has a very direct impact on their working environment. It's important to know that all of the Fayetteville's finest . . . No, it's important to me that all of Fayetteville's finest know and understand what our issues are and that they hear them from our perspective. In the early spring of 1996, Chief Hansen heard rumors about racial discrimination within the department. Thereafter, an investigation was undertaken in which all the black officers were interviewed at some point regarding their issues. Now, the black officers who indicated that they, in fact, knew of discrimination or had in fact been discriminated were subsequently, some of them were subsequently interviewed by OPS, the Professional Standards organization. And from there some of them--at least three of them we know of--comments or statements they made attributed to discrimination led to some form of disciplinary action and/or adverse action. While this implied that their personnel files might contain other reasons that wanted their dismissal or adverse action, the specific grounds for their dismissal was stated in black and white in the notice from the Chief. I show you what's been marked in your exhibits and the response we gave on page 1 and again on page 13. I'm sorry, page 33. These are the notice of consideration that these officers received in which the grounds that were given for dismissing them was simply based on the statements that they gave during the interviews that they had with their senior officers. In it it deals with violations of truthfulness and cooperation for simply making allegational statements that officers were either discriminated or in some way intimidated by racial harassment within the department. There's no other reason given for their dismissal beyond this. It's right here in black and white and I might add it's something, now Mr. Kendricks, that was in the files from which we were telling you before was already there. They had but just to look at it to see it. The department seems to be of the opinion that these officers disciplined were making basis allegations of discrimination against the department and thus the implementation of charges for conduct unbecoming an officer were warranted. This is not the first time that a police department has had their employees to raise issues of racism that were received as baseless by the department. There are a number of federal cases right on point on this very type of controversy. The courts have consistently held that allegations of racial discrimination within a law enforcement agency are matters of serious public import and are protected by the First and Fourteenth Amendment to the United States Constitution. The courts have held that the public has a fundamental interest in affected law enforcement organizations that are free to discrimination and that our system of government demands that support be garnered through informative evaluation of circumstances and not through the suppression of dissent. What this means is when the issue of racism or discrimination is raised, you don't beat up the messenger, you don't discipline them, you don't cause adverse action against them. It was unlawful and unconstitutional for these African-American officers' statements to be suppressed by this department under the guise of misconduct on the part of the officers. I might add that during Mr. Smith's presentation, he indicated that potentially there were some white officers that were also disciplined. If I understood him correctly, then they also should be filing complaints and this issue should be looked at for all officers that may have been punished for statements they made during this investigation, not just the African-American's ones who were brought to our attention. An independent investigation may find that other officers' opposition to discrimination is being suppressed just as these are. There was no disruptive behavior by these officers. There was no attempt to impede the goals of the department. There was no attempt by these officers to abuse their official duties as officers. As I said earlier, what makes this so hard to understand is that it was done during an investigation which the Chief initiated and no one else. Dawkins: Thank you very much and if you and Mr. Shipman may stay close by, I'm not sure . . . Council may have some questions. Ross: I have one. Dawkins: So let's go first to Mrs. Ross. Ross: I want to hear the rest of what he was saying. Dawkins: Do you have any . . . Ross: That's the question. Dawkins: All right, we're you about finished Mr. Locus? Locus: No I wasn't. Dawkins: All right, well if you can sort of wrap it . . . As you know we have the five minute limit. Locus: Okay. Dawkins: Now we would respond . . . We would . . . Council make sure they're questions asked, it's your policy. Go ahead Mr. Locus. Locus: Okay. What concerns me further is that it appears that the department distinguishes the quality of its African-American officers by those who have opposed Title VII violations from those who may or may not have. This is a very dangerous precedent. In our last meeting, the NAACP was requested to provide the specific circumstances regarding our concerns that the City Manager could understand the specific allegations. That representation that the specific circumstances were not know by the City had now been proven inaccurate. We are now faced with a new obstacle which appears to be called upon by the City for the release of all the personnel files of these officers. The present question in my mind is what would this effort prove? This would not only be another act of retaliation against these officers, but it would be another wild goose chase. The bottom line is, did the City discipline or take other adverse actions against these officers due to their expressed opposition to Title VII violations. The letters prove beyond any doubt that the answer is yes. Then the inquiry stops there and there is no need to go further. I would just make note that Mr. Smith has indicated that there are legal counsel that he's hired to look into this matter and I'd be glad to share with him all the case law that I have on this issue because it's overwhelming on that one issue. Unless we're searching for a reason to fire these officers, there is no reason to review their files. And still we must focus upon the systematic practices of discrimination that is plaguing this department. We therefore recommend that the illegal adverse actions taken against these employees be rescinded regardless of who has to do it and that they be made whole and that an independent investigation be made into the base allegation of discrimination. I also believe that the City needs to rescind its attempts to terminate the consent decree and negotiate with the parties, getting back to the parties, a more updated version that would help everyone. Let me conclude by sharing an example of protected speech which I think is very, very important. In Georgia, there were a number of police officers who protested discrimination within their office. They did it by forming a picket line in front of the city hall, got a live newscast, and they went out and during an orchestrated time, they all marched up and there was a US flag emblem in their uniforms. They cut that out, put them in all and collected them all up, walked up to the city manager on the city hall street--cameras live--handed to him, he wouldn't take it, they stuffed them in their pocket. He fired all of them and the court said put them back to work. The court said what they did was protected speech and that they were constitutionally guaranteed to be able to make the statement they wanted to make. _________: Don't try this at home. Locus: These expressions of opinions by these officers and the racially hostile work environment were not offered in an abusive or unreasonable manner that has been impeded by the mission of the department. To the contrary, some of these officers were even reluctant to even come forth with their opinions. The officers demonstrated . . . These officers have demonstrated a very high degree of respect for both their uniform and their office. For selecting the least intrusive mode for their expressions, I think the City owes these individual officers a more civil response to their concerns about racial hostile . . . Dawkins: Mr. Locus, Council has bent over-backwards. Thank you. Locus: Thank you. Dawkins: All right. Just as a clarification for everyone here, and Mr. Locus you may stay there. Of course, being an attorney you're aware of this consentage referred to. I believe any, in fact, any attorney in American now because of Supreme Court rulings, it is unconstitutional . . . We won't debate that tonight because it certainly discriminates. But it had been referred to by you and Mr. Shipman, and I just want to read verbatim because as I understood you were saying the City Manager is recommending opening these files. I want to read the last paragraph so if I misunderstood it. What it says in Mr. Smith's memo to Councilmembers. The NAACP has chosen these three officers on which to base their allegations of racism and mismanagement in the Fayetteville Police Department. One option available to the City to fully air these issues is to authorize the Manager to release any and all relevant information from these three personnel files. While this would be highly unusual and not normally recommended, it is permitted under the statute in order to maintain the public confidence in the City. This would allow access to all minutes from hearings, internal investigation files, and other information relating to allegations of these officers. I will discuss this option with you at your meeting Monday night. So I've not heard from him individually over there that he is recommending, he said this was an option. I just wanted to make sure that everybody . . . Locus: And I accept that. I accept that. Dawkins: Okay. Locus: But if I could, just one other point that you made. Dawkins: Very briefly. Locus: Sure, certainly. And that is every attorney in the world wouldn't agree . . . Dawkins: No, I . . . Locus: . . . consent agreement. Dawkins: Yes. Locus: But I will say this though, I think though that the spirit of the agreement . . . Now I agree, it needs some modifying. Dawkins: Right. Locus: But I think that we need to modify it, not terminate it. And that's the key point we're making here is that we need to sit down. It just appears that you're secretly up in Charlotte trying to get this thing thrown out as opposed to . . . Dawkins: No. Locus: . . . working with us to make this thing better. Dawkins: No, it was public record and I agree because no preacher's going to bring in attorneys but the supreme court is what we have to go by. All right. You might want to stay in the area Mr. Locus. We've heard from Ms. Ross. Let's go to Mr. McBryde. McBryde: Question for Mr. Locus, Mr. Mayor. If you were sure and if these officers are sure that they were discriminated against, why do they have any objection to these files being made public? Locus: I don't think they have an objection. The question becomes, is it going to be relevant. McBryde: Why is it retaliatory if they're right? Then if we make these things public, we're making ourselves look bad not the officers. I don't see that as retaliation. Locus: Okay. But it will be retaliation only in the sense that what you're going to be doing is again singling out these three officers to go open up their files and make them public and the question is for what. Because as I told you have but to look at these two documents to see that the allegations of discrimination are on those two documents I just held up. So why do you now want to go . . . What is the purpose of searching through . . . And that's what we were talking, what is the motive in terms of going further than what's necessary at this point? McBryde: Okay, I think our point would be that it would prove our case. Locus: What case, what case though? McBryde: It would prove, it would uphold what had happened. Locus: But . . . McBryde: Mr. Mayor if I may . . . That's the only question I had for you Mr. Locus. If I may Mr. Mayor. Dawkins: Yes. McBryde: I had to miss the last meeting. I'm sorry I did. Dawkins: Just as a point of clarification, Mr. McBryde's wife was having surgery the next morning and Mr. McBryde could not be with us. I just wanted to clarify that up. She was having surgery. Go ahead Mr. McBryde. McBryde: I sit in my living room yesterday and watched ya'll for five hours, a little over five hours. I missed a lot of ballgame because of that. After watching that, after seeing what I'm seeing tonight, after receiving information from the NAACP, after receiving information from the City, it seems to me that on the one side we have innuendo more than anything else. What I saw from the NAACP was not complete. I didn't see all the facts about all the hearings. I felt like Mr. Smith's information was much better. Ross: Sure. McBryde: Personally . . . Dawkins: Now there will be order. We will want to keep everyone here, but we will hear from all sides, but we won't get out of hand. Thank you very, very much Mr. McBryde. McBryde: I mean it's as bad as saying the little red book and what we've got over here was the little book and Mr. Smith said the little red book. He explained it. He went into detail and we read the minutes of these hearings. We saw all the information that he had. I saw you all on TV trying to discredit him by saying that he knew about these things. Certainly he knew about them if he took part in the discussions, but he did not know specific cases you were talking about. Locus: Yes he did. McBryde: I saw a Councilmember up here last week, yesterday I saw him on the film. I think he wants Mr. Smith's job. I saw another one I think would like Chief Hansen's job. I mean maybe we should fire all these guys and let these Councilmembers take over their offices. It doesn't work that way. We have the EEOC, they're going to investigate the complaints, they have been filed, that is an outside investigation. We have City staff here who we hire who we have great confidence in and we pay good salaries. Mr. Smith, Mr. Cogswell, the two people that the City Council hires. They in turn hire department heads who hire their workers. If we have no confidence in the people who we hire, then we don't have much going up here. I just don't . . . But we do have confidence. I just don't see why you would come in here and try to smear the Fayetteville Police Department like I think you've tried to do. I think you've tried to hurt the Chief of Police, I think you've tried to hurt the City Manager. Ross: Oh my goodness. McBryde: And I just can't understand for the life of me if you live in this town and you love it, why you would try to do something like that. Mr. Mayor, I personally would like to make a motion, I would like to make a motion that we ask the three officers involved if they would permit us to print all this information. If they won't, then I think we need to talk to Mr. Cogswell about going ahead and doing it anyway. I believe, let me finish. Dawkins: Go head, I'm sorry. I was . . . McBryde: He can rule me down if he wants to. Dawkins: All right, go ahead. McBryde: I believe that what I've seen substantiates the investigation by the Police Department, by the City Manager, and I think everybody in this town needs to know who's right on this and who's not right. That's why I would like to make that motion. Ross: Mr. Mayor, I'd like to say something. Dawkins: All right, well first I want, before I ask for a second, Mr. Cogswell would you come to the mike. Of course, now, let's be extremely careful here. Mr. McBryde is asking, which we understand it's . . . Well I guess all we can ask you is the legality. You stated that . . . McBryde: First I said that we ask the three officers. Dawkins: That we ask the three officers. McBryde: To sign statements saying we can open their personnel files. If they refuse, then I think we need to approach it from a matter if we're going to do it. Dawkins: So the only motion tonight Mr. Cogswell would be that we ask the three officers could we open their personnel files? McBryde: Well let me continue that if they say no that we proceed . . . Cogswell: All right. Let me . . . McBryde: . . . with the process necessary to do that. Cogswell: You have . . . We can ask them to do that without you taking a vote if you want us to, but let me at least tell you what one thing is going to happen that you may or may not be aware of. In the EEOC investigation, they will ask for those files and we have to give them to them. They will see them. Untouched, unblemished . . . _________: Okay. Cogswell: . . . no names masked. It's a discovery process and they are entitled to see them and every investigation I've ever responded to, been involved with, that's what they've done. If you're looking for a third party out there to weigh the merits of all this, they're going to get the files. Dawkins: All right, everybody understands that. McBryde: Will you listen to what I said, the reason . . . Cogswell: I understand what you said. McBryde: . . . I think every citizen in Fayetteville in Cumberland County who wants to see that should be able to see it. Cogswell: All right, okay. And if they want, we can certainly ask them if they'll do that and if they don't, the other thing is in regard to what you can authorize to release, if you choose to do it, it's the release of the reasons for the personnel action, it's not the whole file. No one gets to walk in and open that file and look at it. You approve what's released and it's the reasons for the action. But, yes you can take a vote on your motion if you want to or you can direct the staff to ask them to do it. Dawkins: All right, I just want to repeat. And I guess everyone heard what Mr. Cogswell said. In other words, the EEOC can and has that privilege and can do it and in your opinion they normally do that. Cogswell: Normally do that. Dawkins: Okay. Cogswell: I'm not handling the case with the City, but it's always been my experience in the ones I've dealt with, that's what they do. Dawkins: Okay, that's the EEOC. Cogswell: They may release more than that. I mean that's just their starting point basically. Dawkins: All right. I just . . . Cogswell: We have already responded to one of them anyway. Dawkins: Okay, I just want us to be real careful here because we are talking about people's personnel files. Now, Mr. McBryde has made a motion that we ask the three officers for the right to do that and I think you stated, Mr. McBryde, if they refuse, then we pursue the steps that Mr. Cogswell said Council can legally do. McBryde: That we at least address it Mr. Mayor. Dawkins: That we address it. Ross: This is like a kangaroo court to me. McBryde: At least we talk about it, and decide whether we want to pursue it. Dawkins: All right. So what Mr. McBryde is saying that we ask the three officers do that. If they say well no, then we come back and address the issue again. Now, I have a number of people that want to speak. Kendrick: I'll second that. Dawkins: All right, Mr. Kendrick has seconded the motion, so now we need . . . I want to make sure everybody understands this motion. What basically it is, ask three officers could we release the personnel file and then if they say no, then we come back and address it again. Now, next in line to speak was Mr. Massey and then Mr. Kendrick. Well we have Councilmember Cheek and now Torrey. Let's discuss this motion. I think we all understand it. But let's go next to Mr. Massey. Massey: Thank you so very much Mr. Mayor. Mr. Cogswell, could I see you for just a second please. On December 16, several observations were made, especially as we sought to identify and describe the parameters of a council-management form of government. Within that process, several statements were made and I think as very appropriately Mr. Smith has indicated in a somewhat possibly heated environment, and we didn't get an opportunity to hear the legal side of the issue in terms of what specifically are the parameters of a council-management form of government. My primary concern revolves around the concept that if this Council does not have the authority, does not have the wherewithal, does not have the intestinal fortitude to address or to possibly set up if, well if they perceive necessary an independent investigation and then I think the citizens of this town might begin to question whether there is a need to have a Council. Cogswell: I don't think that question was ever raised. You have that authority. Massey: No that question was raised. Cogswell: Investigate . . . Massey: Well, I've looked at the tape too Milo. You know, so I think that question was addressed in terms of what this Council either could or could not do. Ross: [inaudible] Massey: My question . . . Cogswell: I don't . . . Massey: . . . right now to you Mr. Attorney, Mr. Cogswell, is along the lines of what are our parameters? Cogswell: The Council shall have power to investigate the affairs of the City and for that purpose may subpoena witnesses, administer oaths, and compel the production of evidence. But that's different than the Manager's authority to hire and fire its employees. That's not a Council function. Massey: No one was asking about the Council's function to hire and fire. I'm glad to hear that. In that light Mr. McBryde, I would like to propose a friendly amendment to your motion if you would not mind, you and Mr. Kendrick's. McBryde: Let me hear it and then I'll let you know. Massey: Okay, by all means. That is that the City Manager release any and all relevant information for the three personnel files to the City Council for the purpose of the Council initiating an investigation and the results of which will be binding on the City staff and the affected departments. Ross: I second. Torrey: I second. McBryde: That's not a friendly motion. Massey: [inaudible]. Cogswell: I'd have to research that before I'd think you have that much authority. This is a pretty broad statute, but I'd want to research that issue first before I would say that you have that kind of authority. Massey: It is a motion. Ross: And I second it. Massey: Mr. McBryde, would you accept that as a friendly? McBryde: I don't consider that a friendly amendment. Massey: Then I will offer as a substitute. Torrey: Second. Ross: Second. I second [inaudible]. Dawkins: Then I have to go back. In other words, now of course the original was ask the three police officers. Massey: And I will offer this motion here as a substitute to the original. Torrey: Second. Ross: I second that motion. Dawkins: In other words we can take that. Okay. Now, you are also saying that the action be binding knowing that of course the Council doesn't have the authority to hire or fire. Massey: We are not seeking to hire and fire, we're seeking to investigate. Dawkins: So that's all the motion is . . . Ross: Second. Dawkins: . . . just to release these just to the City Council? These personnel files, these three files? Jim Smith: And then we make a determination . . . Massey: Incorporating, yes, incorporating the [inaudible]. Whatever. As Mr. Cogswell said, he wants to research that, that's fine. And within that context Council address this issue. Ross: And I want to second that again. Dawkins: Well I heard Mr. Torrey and Ms. Ross. Well I'll take Mr. Torrey. Ross: Mr. Mayor, could I say something? Dawkins: All right, in addressing . . . Yes. Massey: In addressing the substitute . . . Dawkins: The substitute motion. Massey: Thank you. Ross: I'm addressing the substitute? Dawkins: Right. Ross: It's perfect, just perfect. This is exactly what we need. Dawkins: Okay. Is there any other discussion on the substitute? Blackwell: Yes I do. Dawkins: All right, let's go . . . Councilmembers Cheek and Blackwell. Cogswell: You're not on. Cheek: All right. We are elected representatives of the citizens and we certainly have a responsibility to do our part in governing this City. We have a responsibility to listen very carefully to items that come before us and to study them very carefully. We have gotten pages and pages of information about this already. We have substantial excerpts provided by our staff and by the NAACP on these matters. I think both of these areas gave us what they thought was the relevant information on these cases. We've already seen it. We have it here in our hands in four colors. I'm not sure what possible other information we can have. The hearing on one of the officers was 500 and some pages of transcript just on one hearing. And by the way, we keep talking about three officers. One officer had absolutely no kinds of punishment or discipline at all, totally exonerated. I think we're talking about two officers. There have been so many things said from both viewpoints. I think we really have heard enough if you read and as you read, as I'm sure each of you have, all of this information. We have seen evidence of a tight ship in the Police Department certainly. We have seen evidence for the entire time that each one of us has been on Council. Every month we get a report of the disciplinary actions of the Police Department of allegations of various kinds of things, the investigations, and the discipline. We have seen numerous cases of officers of all ethnicities disciplined. We have seen numerous cases of all officers of all ethnicities not disciplined but exonerated. This is a normal course of events in our Police Department as it is in other departments, except we don't see those things. These are all public records, they've been there for every citizen to look at every month. We have had . . . We have this copious information here in front of us. We have an outside unquestionably unbiased agency, the Equal Employment Opportunity Commission, already coming in to investigate this. We have several lawyers, I think three lawyers, four lawyers now, working for the people, not for the City Manager. They're working for the people of the City and they're being paid by taxpayers. This information . . . All of this information that we have I believe is available to any citizen who wants to take a look at it, who wants to read through it. I have seen in this information disgruntled employees. I've looked real careful and I cannot find any evidence of any kind of racial discrimination. I don't see discrimination. I see unhappy employees and employees being held to a standard. I don't feel comfortable in voting to take this any further. We heard a lot of allegations, but when the information was given to us, the information here is regrettable but seemingly routine discipline that is well documented in each case. And I just can't support the motion and I encourage Council to think that we aren't investigators, we are here to use information that we have. We have channels to go through and let's stay with the channels. As far as investigation, it is being done. Thank you. Dawkins: Thank you very much. Let's go next to Councilmembers Blackwell and Ross. Blackwell: Thank you Mr. Mayor. I was totally silent last time we discussed this and I come tonight with the intent of being totally silent tonight. But I want to speak as a manager of people myself. I'm presently responsible for 70 people that I hire, I fire, I evaluate, I discipline, and have been responsible for as many as 120, which certainly is not the size of this Police Department. I've been accused of all kinds of things in my 30 years when it comes to disciplining employees and those things hurt me and I dealt with it. Nothing was proven to be true. [END OF TAPE] Blackwell: . . . and I think that's part of management, and you're not going to make everybody happy when you have to make management decisions. I consider this very equal to someone making a very similar complaint against the institution that I work in and the Board of Education conducting a hearing, an investigation, without giving me a chance or the superintendent of schools a chance to investigate the situation. I think we're treading on dangerous grounds, and I'm not an attorney, when we talk about personnel files. I understand the intent probably of both sides of this issue. If I was in Mr. Smith's chair, I'd probably want those files opened too, because he feels that that would probably underscore the importance of what he's had to say. If I was in Mr. Massey's chair, I would probably say well let's take a look at it, but I don't think the proper place for that is as a Council to see if there's anything there. I can't support the personnel file issue tonight. I want you to know I've read every word of both sides of this issue. There is some conflicting information that I'm not comfortable with. I've got some things I want to go through in the report, but I have to say this. I've known Raymond Shipman for twenty years, I've known Annie Shipman for twenty years, and it seems to me, unless I'm the dumbest man in American, why everybody can't get in one room and bring everything you've got and lay it on the table and let's see where the issues are. One side is saying we don't have this, the other side is saying we don't have this. And again, I thought about this thing a lot. What would be wrong . . . and let's have a gag rule if we do that, that we're not going to talk to anybody but in the room, because the press is feeding on this thing and it's damaging all of us. It's damaging all of our credibility. And the press will probably get mad that I said that, but it's the truth. It seems to me that we could go to a neutral location--and forgive me I haven't thought through the whole thing--and the responsible parties could get in the room with all the files you need and try to act responsibly toward each other and talk about, if it's two issues, let's talk about two, if it's more than two, let's talk about that. And I'm not saying that hasn't been attempted. Based on the correspondence that I've read, there has been some attempt of that in the past. If you're interested in that, I'm willing to set it up for you, a place where the press won't even know where you are, if that's what we want to do, and let you spend as much time as necessary to bring the appropriate materials to those meetings, or a meeting, and talk about these issues. It makes no sense to me why we can't do that as human beings in trying to respect each other's position. I'm going to tell you how I deal with situations, and you can believe it or not. If there's a conflict between two employees, they're both sitting in a room with me, and I'm not listening to one side over the other. And if one comes to me and says something about the other one, I say stop, let's get Ms. X in here. You can't continue to badger each other in writing and in the press and verbal attacks on each other. Now that's the way . . . And I don't always solve the problem. But when you put all the parties in one room and you close the door and say we're not coming out until we hear everything, sometimes that works, and then it's not always the way you hear it once you get all the information out. I guess another thing that disturbs me a great deal is information that was in the memo talking about this Council . . . Torrey: Thank you. Blackwell: . . . and I'm not saying that perception is not reality, and someone said a long time ago, where does enough smoke there is some fire. So I'm not saying that the writers of this information were incorrect, but on page 7 we talk about a former Councilmember who stacked the personnel committee. That disturbs me a great deal. That just emphasizes the need for term limits which we changed the other week. If you will turn to page 12 in the summary, you will find where it was obvious that to the writer that some Council had already decided where they stood. We were asked by the management, not directed, because nobody can direct us to do anything if we don't want to do it as individuals, we were asked by the management to give them an opportunity to explore this issue or these issues, not to talk to the press about this issue, not to interview officers, not to kind of conduct your own investigation. Now according to this, that's been done by a member or members of the Council. And then if you will turn to page 14, I guess that concerns me when we talk about political inteference as opposed to political accountability. The press called everybody last night because they called me during the ballgame and I told them to make it short, but I'm being honest, they did and they're feeding on this thing, and my point is that you have to be extremely careful what you say in such a highly sensitive, on such highly sensitive issues. But evidently there's perception in the management of the Police Department that some folks are out to get them, and also that this may be a guise for the real agenda. I hope that's not the case. I'm hear to listen about a complaint or complaints represented by the NAACP of this county. I'm not here for any other agenda item. And if there is a hidden agenda, I would be as I only stated to the press yesterday, very, very disappointed. So in summary, I don't know what the answer is. But I'm not going to support reviewing any personnel files at this point based on what I have read and this is all I have read. I have not conducted an investigation on my own. As I told a Councilmember last night that called me, there are some of my students on that Fayetteville Police Department I could call, and I'm sure they would just love to talk to me, but I withheld that temptation because I was asked not to do it. Mr. Mayor, I appreciate you letting me say that. Dawkins: Yes. Blackwell: Again, I really was just going to try to be a good listener tonight, but when the personnel issue of personnel files came up, I just could not be quiet because I deal with that almost everyday and especially at the end-of-year evaluations with my staff, some people leave extremely, extremely unhappy because some have not cut the mustard. And in my 30 years I've made a lot of professional and non-certified people upset with me. Because if you've got a standard and you're not meeting the standard, somebody's got to have the fortitude to say you're not meeting the standard. And I just can't support, even though I understand the intent of the motions, I just can't support it. And I appreciate the Council bearing with me tonight in letting me say that. Dawkins: Thank you Breeden. Ms. Ross. Ross: What I want to say to the Police Department. I've never had any problems with the Police Department. I have seen you, I have talked with you over the years. I've never had a problem with the Police Department. But this issue I do have a problem with and it's not going to go away. It's not something that you going to go away today and tomorrow it's going to be all better like a little baby. It's going to be all better, and you're not going to have anymore problems and everything's going to be peace in the valley for everybody. That's not true. It's a matter of getting this issue . . . And I don't have any black policemen that I'm interested in being a Police Chief. Dawkins: All right. Thank . . . Ross: I'm not interested in anybody that I know of, it hasn't dawned on me. The issue as it started out started out a simple thing that could have been taken care of according to the issue that you have here. It could have been tomorrow, yesterday before it could have been gone. It wasn't a big thing. Even I, and I haven't been in any kind of law school, even I understood what was being said. It was a matter of a situation that could be honest to goodness, but people don't want to turn loose of the past. That's where the whole thing is. I don't want to give you credit for having good sense. I supposed to think about the fact that there was slavery and then there was racism attached to the slavery, and the racism continues to be attached to the slavery. So I don't want to believe what you've got to say because I know better than you. So I'm going to continue on to hold on to what I've been holding onto and we're going to keep right on doing that and all of us is going to end up in that place where there's fire burning, where there's hot water. We are going to all end up over there if we don't straighten up our act and feel like you've got just as much sense as I have. You are a human being and you have as much right to know what you're talking about regardless of what color you are. You have the right to know just as much as I have the right to know. I had a slave, a person to tell me when I was in the military, and he told me this and I'm going to say it. We had a 1,000 bed ward, there were 1,000 beds in that ward for ambulatory patients and when I came back from midnight supper, there was a big fight going on out in front of my ward and there were two fellows and they were fighting. When the MPs came to take those two fellows away, they were going to take them to the stockade. I said to the MP, don't take my patient with you because tomorrow my patient is going on a convoy so don't take him, leave him here. I'll be respnosible for him. I was just a little . . . Dawkins: Ms. Ross, is there anything else you want to say about this motion . . . Ross: I've got to finish this . . . Dawkins: . . . of personnel file? Ross: I've got to finish this. Dawkins: We're talking about . . . Ross: And here's what he said the next day when I came to work. He had polished up my desk, my office, he had put a big bouquet of flowers on my desk, and what he said, was you know you did something that nobody has ever done to me before in my life. He said, if I had gone to that stockade, where that MP was taking me, he would have taken my stripes away from me, then I would have had to go home with no stripes and my wife had promised me faithfully she was not going to let me in my house if I came home with no stripes and you let me stay on this ward. Now, I was taught to hate you. He said you are a nigger and I was taught to hate you. He said, but I can't hate you, look at what you did to me. You saved my stripes, you saved my marriage, you saved my life. And why I'm saying this to say to you is everybody, everyone of you, have a brain to think, you know what you're talking about, you're a human being, God loves you and there's no reason for all of this continuously carrying this package racism up and down the road. It's a heavy baggage to take. [SEVERAL PEOPLE SAID AMEN.] Ross: Now suppose we just learn to get along as what his name said . . . _________: Rodney King. Ross: Can't we just get along. _________: [inaudible] Dawkins: Thank you Ms. Ross. Ross: And I feel like we need to do something . . . Dempster: Mr. Mayor. Ross: Milo, I know how you feel. I've been feeling that way since 86 . . . Dawkins: All right, Chris, you . . . Ross: . . . and I know how you feel. But I know too . . . Dawkins: Ms. Ross, we thank you. Ross: You welcome. Dawkins: And we'll . . . We're going to pass a collection plate in a minute. Ross: [inaudible]. Dawkins: But we've got to go to Mr. Dempster. Ross: And let's go ahead on and get this thing over with. I'd just like the . . . Dawkins: All right. Thank you Ms. Ross. Dempster: Thank you Mr. Mayor. Ross: [inaudible] want to give you a chance. Dempster: Thank you Ms. Ross. I'd just like to hear the substitute motion again. Dawkins: All right. Dempster: I've almost forgotten what it was. Dawkins: All right. Well basically it is to . . . Well let's state it Mr. Massey. Massey: Thank you very much . . . Dawkins: Go ahead. Massey: . . . and I really hope that . . . Dawkins: Mr. Massey wanted to speak [inaudible]. Massey: . . . in the process that I can also clarify certain apparent misconceptions about this particular motion. I want to be sure that we are clear on it. The Council doesn't necessarily have to hear anything itself. It can delegate or at least I would think that it should be able to delegate. If it chooses to, fine. If it doesn't choose to, that's fine too. It can delegate to another third party, an independent third party, if it chooses to, because someone at the EEOC is going to do it one time, and of course if we have someone if the Council chooses to, but the motion went as this, as follows: That the City Manager Smith release any and all relevant information from these three personnel files to the City Council for the purpose of a Council-initiated investigation and the results of which will be binding on the City staff and the affected departments. That was the motion. Ross: Second. Dawkins: Well, all right, I've got a second from Mr. Torrey. But you were saying the results of which would be binding, knowing that of course we cannot hire or fire anyone. Jim Smith: I think what he's saying . . . Massey: We're not trying to hire anybody, we're not trying to fire anyone, but the results of the investigation . . . Jim Smith: If we decide to go forward with an investigation . . . Massey: . . . does not require anyone to be hired or fired. Thank you. Dawkins: Okay. Mr. Smith, did you want to say something. Jim Smith: Part of what I wanted to ask was for some clarification not only on Mr. Massey's motion, but Mr. McBryde's motion, but I wanted to talk with Bob and I don't know if we can do that, because this is a very sensitive issue, and I don't want to compromise anything for the Police Department or these officers or anybody else in us talking about this openly. I mean I just don't see where we're going to get anywhere doing it that way. I, you know, we're talking about a group of citizens of ours, fellow citizens, that serve us everyday out there in the line of duty. They protect us. I told a man today I take pride in telling my son if he's in trouble to look for a police officer or a fireman. When I was a little boy, it was an honor. My father was an auxilliary police officer. It was an honor to wear that badge, whether you were a deputy sheriff or City policeman, and I think we've got to restore that integrity to both of those institutions. Now, I don't have a crystal ball to look into it and say how we do that. I don't think this is the form for us to do it in publically here because anybody that is accused of anything gets defensive. As Councilman Blackwell alluded to some of these things, there were some things in here that rubbed some fellows the wrong way, and when that happens you tend to come out all teeth to attack. That's the mode that we get into. And I wanted to talk with Bob in closed session to find out what options we have available to us so that we don't drag this out into the public light because I don't think the public benefits, I don't think the NAACP benefits, I don't think the Council benefits, and I don't think the Police Department benefits from us doing this in public. Dawkins: All right. Mr. Cogswell, do you want to respond to that and then we're going to vote on the substitute motion. Cogswell: Your options are to initiate an investigation. Your options are to authorize the Manager to release what he deems, well what you, I guess with his working with you, the reasons for the personnel action that you deem essential to maintaining public confidence in the administration of City services or maintain the level and quality of City services, or just let it sit where it is, and again in that regard . . . Does everybody understand what the EEOC does in an investigation. Jim Smith: I don't. Dawkins: You might take a couple of minutes and tell everybody. Cogswell: Okay. We get a charge, it's a written charge prepared by the EEOC that's based upon an interview that they conduct of the complainant. We're not there. Sometimes they come unsigned. We don't even know who's made it. They just let us know a complaint's been made and that happened in some of these cases. Then that's followed up by a complaint and they indicate who it is that's making the complaint, and they give us the nature of the complaint. Then they send us a list of information or items that they want us to provide to them that they deem necessary to their investigation and usually the personnel file of that person and anybody else that they think has been similarly treated. We have had . . . I have sent to the EEOC notebooks, two and three volumes in one case, because when they get into a department, they start looking at everybody in the department and when you're looking at this department, that's a lot of people. They investigate it. Sometimes they'll hold a hearing. We've had to take people to hearings. They have . . . And then once they determine whether or not that they feel like there's been a finding of discrimination on the part of the employer, they'll let you know that, they'll offer you the opportunity to mediate it or work out some resolution and if that's not satisfactory to the complaining party, then they . . . if they feel like there's been an act of discrimination, they give them what's called a letter of finding of discimination and they have 180 days to file a lawsuit at that point. Sometimes the EEOC, if they feel strong enough, they will initiate the lawsuit, if the employer does not resolve it to their satisfaction. They're very thorough in their investigaions. I mean they leave few papers unturned. We have spent hour upon hour responding to their investigations. That's what an EEOC investigation is all about. And we're just on one side of it. We have no . . . It's like a plaintiff and a defendant and they're the judge to make it very short and sweet and no jury, there's just the judge. Dawkins: Okay I'm going to take a question from Mr. Kendrick and then we're going to vote this motion up or down, one way or the other. Jim Smith: Can I finish one second before he does. If I might Mr. Mayor and then . . . Dawkins: Okay. Okay. All right. Jim Smith: All right Mr. Cogswell, I guess what I'm asking you then is after you've heard everything we've gone through and you've heard the motions and everything, what is our best method of arriving at the truth because I think that's what we need to do, that's what the Police Department needs is the truth. I think these people, the citizens, we need it, and that's where we're at. I mean, I don't . . . And as I stated earlier, I just don't think that in public forum here on television in front of everybody is the place to do it. Cogswell: I agree that I don't believe spreading these files in the public forum is safe from a legal standpoint, but you do have authority under that statute if you deem it essential to maintaining, basically, integrity in the system of the City to release with your approval which you deem relevant portions of those files. Jim Smith: Okay, under Mr. Massey's motion, and I know you said you might have to research this, or his substitute motion, if he does that, if we do that, are we able to keep those files confidential just among us or do they then become public knowledge? Cogswell: You can keep them confidential among yourselves. Jim Smith: So that does not have to be then released to the public? Cogswell: No. Jim Smith: Is that your motion as I understand it Mr. Massey is for us just to be able to look at it and keep it confidential . . . Massey: Yes. Smith: . . . and then decide what to do? Massey: That was the intent. Dawkins: They can . . . Well, hopefully everyone would. Cogswell: Because it is . . . Let me read you one little sentence out of that law just so everybody understands what we're talking about. Jim Smith: I just don't think we ought to do it in this forum. Cogswell: Any person, a public official or employee, you're a public official, who knowingly and willfully and with malice permits any person to have access to information obtained in a personnel file except as permitted by the statute is guilty of a misdemeanor and upon conviction shall only be fined an amount not more than $500.00. So it's a criminal violation if you willfully hurt somebody by the release of that information. Jim Smith: I'm sorry, Mr. Kendrick, go ahead. Mr. Mayor. Dawkins: Thank you Mr. Cogswell, Mr. Smith. Mr. Kendrick. Kendrick: Thank you Mr. Mayor. The problem with Mr. Massey's motion is it comes from the fact that we've had executive sessions in our City Council where the information was released to the media and we were told at that time there's not much that you could do about it because you had to prove it. So I have a little bit of a problem releasing the information. If you're going to release it, release it to everybody. Now back to the EEOC. We've been accused one way, and I say we because we're all part of the City government, of inequities in our Police Department, be it racial discrimination or otherwise. Now if EEOC has found that this is unfounded, that these are not correct allegations, do they put it on the front page of the media, their findings? Cogswell: They issue a letter to the claimant and they send us a copy. Kendrick: So how does the public know about it? Cogswell: They don't because it's part of their personnel file as far as I'm concerned. I don't release it. Kendrick: So the confidence still remains questionable by the Police Department, because they have no idea if it was a yes or a no. Cogswell: Oh well, the department head would know. Kendrick: The department head would know it? Apparently he knows it now and that doesn't make a difference. Cogswell: No, well if you're asking me who finds out about that, the people involved--the department head, the manager . . . Kendrick: But the whole City knows about what's going on right now, correct? Cogswell: Yes sir. Kendrick: Okay, and I'm saying . . . Cogswell: Read the paper. Kendrick: . . . even with EEOC or you watch this on TV. Cogswell: Yes. Kendrick: So even the EEOC would not take care of the damage that may or may not have been caused now, correct? To the general public. Cogswell: No. They can release information . . . Kendrick: Who can? Cogswell: The EEOC can release the information if . . . I guess we could ask them to do it. But normally there's no press release when they make a decision. John Smith: I think . . . I understand what your question is, but it would seem to me that in these cases since allegations have been made public, if there were such a finding by EEOC, certainly this Council and management could release that finding under the statute. Cogswell: [inaudible]. Kendrick: If we . . . John Smith: Just that finding. Kendrick: If we support it in a motion . . . _________: Or if we disagree. John Smith: At whatever time the finding came in. And I think one of the other issues I think Mr. Cogswell raises, there is an opportunity for mediation through EEOC. I think it's the kind of thing that the Mayor Pro Tem was talking about. Dawkins: All right. I'll ask for your vote on the substitute motion. Cheek: Mayor, just for clarification. Dawkins: Right. Cheek: Just for clarification. This vote has nothing to do with the EEOC? Mr. Massey's motion is about a totally independent investigation from the EEOC, is that correct? Dawkins: Yes. John Smith: Your action will not preclude an EEOC investigation. That investigation [inaudible]. Cheek: And it is unrelated to . . . Dawkins: EEOC is ongoing . . . John Smith: Ongoing. Dawkins: . . . at this moment. Cheek: Thank you. Dawkins: Okay I ask for your vote on the substitute. All right. Ms. Ross, Massey, Dempster, Smith and Torrey in favor and Cheek, Blackwell, McBryde and Kendrick in opposition. So 5 to 4 does pass. So it will be released. So the substitute motion passes and there will not be a vote on, of course, the main motion. So the information will be released to Council. All right. Okay. All right, Mr. Smith did you want to say anything? John Smith: I just want to clarify one other item that was stated up here tonight and it has to do with the consent order. I believe some comment made about secretly going to Raleigh and NAACP found out . . . _________: Charlotte. John Smith: . . . or Charlotte. Mr. Locus may not be aware of this but the NAACP found out because I called the president of the NAACP the day after the Council meeting, invite him to my office, and we discussed it. Dawkins: Thank you very much Mr. . . . Cheek: Mr. Mayor? Dawkins: Yes. Cheek: May I request a legal opinion from the City Attorney about a Councilmember's position in not participating in any way or any further with this socalled investigation and I realize you're probably not prepared to give it to the Council tonight, but I'd like to know the implications one way or another and what our responsibilities are. Dawkins: All right. McBryde: In fact, I think we'd all like to know that. Dawkins: Do you understand that Mr. Cogswell? What Councilmembers are saying? Okay, I believe you do. I think everyone got to vote. We're going to have a . . . _________: [inaudible] some of us don't want to get involved in. Dawkins: We will have a brief five minute break because we'll be here to about midnight or after. So thank you everybody for coming. 10. Consideration of offer to purchase property on Bow Street from First Presbyterian Church. Deputy City Manager Roger Stancil presented this item. Mayor Pro Tem Blackwell moved to authorize the advertisement for upset bid, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. Councilmember McBryde stated for the record he did not have financial interest in this item and he planned to vote on it. Councilmember Kendrick was not present at the time of the vote and had not been excused. His vote was cast in the affirmative. 11. Consideration of adoption of an ordinance amending Chapter 7, Animals and Fowl, regarding exotic animals of the Code of Ordinances. City Attorney Robert Cogswell presented this item. Councilmember Kendrick inquired as to whether there was a grandfather clause. Mr. Cogswell stated there was none. He recommended a postponement of the effective date. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 7, ANIMALS AND FOWL, REGARDING EXOTIC ANIMALS OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1997-003. Councilmember Kendrick moved to adopt the ordinance to be effective within 60 days, seconded by Councilmember Torrey. Mayor Pro Tem Blackwell made a substitute motion to adopt the ordinance with a public hearing being held, seconded by Councilmember Dempster. A discussion ensued regarding public safety. Mayor Dawkins called for the vote on the substitute motion and the motion failed by a vote of 5 to 4 with Councilmembers Ross, Kendrick, McBryde, Torrey, and Smith voting in opposition. Mayor Dawkins called for the vote on the original motion to approve the ordinance with an effective date within 60 days from approval. The ordinance was adopted unanimously 9 to 0. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1997. 12. Consideration of actions implementing policy adopted by City Council on December 2, 1996, concerning term limits on boards and commissions: A. Consideration of adoption of resolution amending Charters of various boards and commissions. City Attorney Robert Cogswell presented this item. Councilmember Smith moved to amend the Charters to remove term limits, seconded by Councilmember McBryde. The motion carried by a vote of 5 to 4 with Councilmembers Torrey, Kendrick, Smith, McBryde, and Ross in favor and Councilmembers Blackwell, Cheek, Dempster and Massey in opposition. B. Consideration of adoption of ordinance amending various sections of the City Code. Councilmember McBryde moved to amend the various sections of the City Code to remove term limits, seconded by Councilmember Smith. The motion failed by a vote of 5 to 4 with Councilmembers McBryde, Smith, Kendrick, and Torrey in favor and Councilmembers Cheek, Blackwell, Dempster, Ross, and Massey in opposition. Councilmember McBryde stated in view of the previous vote he would like to change his vote for item 12.A and have unlimited terms for all Boards and Commissions. Councilmember Smith moved to reconsider Item 12.A, seconded by Councilmember McBryde. A discussion was held regarding the term limits. Mayor Dawkins called for a vote on the motion to reconsider and it carried unanimously by a vote of 9 to 0. Councilmember McBryde moved to have a City Council Policy having term limits on all Boards and Commissions thereby leaving them as they are currently written, seconded by Councilmember Smith. The motion carried by a vote of 5 to 4 with Councilmembers Dempster, Blackwell, Kendrick, McBryde, and Torrey in favor and Councilmembers Cheek, Smith, Massey, and Ross in opposition. C. Consideration of amendments to ordinance to Chapter 33 of the Fayetteville City Code concerning the Planning and Zoning Commissions. No action was taken. D. Consideration of adoption of joint resolutions amending charters of the Senior Citizens Advisory Commission and the Storm Water Advisory Board. No action was taken. 13. Consideration of request by Councilmember Smith to refer discussion of a traffic signal at Kinlaw Road and Ramsey Street to Streets and Roads Committee. Councilmember Smith stated he would like to have this item referred to the Streets and Roads Committee because he did not want to see neighborhood against neighborhood. He also stated he felt the committee should be involved in the design process with the North Carolina Department of Transportation. Mayor Pro Tem Blackwell expressed his desire for the North Carolina Department of Transportation to be present at the meeting and his concern that the Streets and Roads Committee will be placed in the middle of a neighborhood dispute and will not be able to make a decision that would be satisfactory to everyone. Councilmember Smith moved to refer the item to the Streets and Roads Committee, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. 14. Consideration of items for referral to City-County Liaison Committee. (Committee meeting to be held on January 23, 1997.) The following items were referred to the City-County Liaison Committee: 1. Request for a report on the BCH situation, trash collection, and landfill plans. 2. Report on the State's monies spent on rented space in Cumberland County. 15. APPOINTMENTS: A. Fayetteville Board of Adjustment: election of nominee to fill one vacancy. Mr. F. Royal Lloyd, Jr. (Buzz) was unanimously approved to fill in the vacancy created by Mr. Melvin Pierce's resignation. This is a three-year term which will expire in July 1999. B. Fayetteville Appearance Commission: nomination to fill one at-large category/elections of seven nominees to fill a total of eight vacancies. Mayor Pro Tem Blackwell nominated and requested to vote on Dr. William Pierce for a second at-large term. The following appointments were unanimously made: 1. E.C. (Ned) Garber, III - first term engineer category 2. Gordon Johnson - second term architect category 3. Margaret Hedgecoe - first term at-large category 4. Bob G. Lawson - first term at-large category 5. Marilyn Britt - - first term at-large category 6. Judith Kirchman - - first term at-large category 7. Richard S. Suggs - first term at-large category 8. Dr. William Pierce - second term at-large category C. Board of Trustees NC Firemen's Relief Fund: election of nominee to fill one vacancy. Mayor Dawkins stated that due to the action taken on terms for Boards and Commissions Mr. J. H. Kyle, Jr. was not eligible for re-appointment. Nominations will be made at the next meeting. 16. ADMINISTRATIVE REPORTS: A. Discussion of curfew. Police Chief Ron Hansen and Lieutenant Eugene Hallock addressed Council regarding the teenage curfew. They expressed the following concerns: 1. The current crime trend of youths diminish during the proposed hours of the curfew. 2. Officers will be out of their zones enforcing the proposed curfew and the level of service to all other citizens will drop. 3. There is no place to take the violators when they have been picked up by law enforcement. 4. Additional Officers will be needed. All female detainees will require female officers present. 5. The curfew takes all teenagers and places them into the same mold. 6. There is a need for more cooperation from the local judicial system in regard to information on paroled and troubled teens. A discussion ensued regarding the solution of the teenage crime problem. Councilmember Kendrick asked Chief Hansen to state what he felt would solve the problem. Chief Hansen stated he felt the City and County should join together to seek grants to fund a juvenile intake center and the center should hire qualified personnel to set up an effective program. A discussion ensued regarding attendance at the Governmental Association meeting set for January 27, 1997. Everyone was encouraged to participate. The City Council and County Commissioners have a joint meeting scheduled for January 15, 1997, to discuss the curfew issue. INFORMATION ITEMS: 1. Report of scheduling of joint meeting with Cumberland County Board of Commissioners. 2. Report on tax refunds less than $100. Taxpayer's Name Nature of Clerical Error Amount Goldsmith, Kevin Ray & Illegal Tax: Military Non-Resident. $60.79 Joanna Evelyn LES on file for Kevin. CA-6/24/99 Jones, Wilton C Taxpayer filed an amended business $34.60 personal property listing Downtown Koretizing Inc. Per the audit, overstated machinery and $69.52 T/A One Hour Koretizing Inc. equipment figures Ride 'N Slide Inc. Adjust value, per additional information $20.86 received from taxpayer pertaining to audit Strickland, Leiburn R Adjust value overstated machinery and $2.68 T/A Strickland's Grocery #6 equipment figures per the audit Valley Women's Center Inc. Filed an amended 1996 Business Personal $42.66 Property Listing 3. Report on traffic problems on Clearwater Drive. 4. Response to request from Councilmember Cheek on status of Cliffdale Road. 5. Follow-up on questions regarding rezoning cases from December 16 meeting. 6. Update on Franklin Street two way traffic. 7. PWC - minutes of joint meeting with City Council on September 23, 1996; minutes of meeting of September 25, 1996. 8. Airport Commission: minutes of special meeting of November 25, 1996; minutes of joint meeting with City Council on November 25, 1996. Councilmember Smith moved to adjourn the meeting, seconded by Councilmember Kendrick and carried unanimously by a vote of 9 to 0. The meeting adjourned at 11:30 p.m. SPECIAL MEETING JANUARY 13, 1997 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING CITY HALL COUNCIL CHAMBER JANUARY 13, 1997 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Mayor Pro Tem Blackwell, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. 1. APPROVAL OF AGENDA Councilmember Kendrick moved to approve the agenda, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 9 to 0. 2. Discussion of redistricting and election plan. Mr. Jerry Wilson addressed the Council. He stated the issue of redistricting was being discussed because annexation has resulted in the need to modify the elections to accommodate voting rights of all new residents. Mr. Wilson explained that the basic premise of the Fourteenth Amendment equal rights protection clause was to ensure that every person's vote would count equally and that each new voter is assigned to a district. The addition of the new people to the existing election districts has resulted in malapportionment. A slide presentation was used to explain this in terms of population and demographics. Mr. Wilson explained that under North Carolina State Law a City can elect its Council at-large from districts or some combination of districts without legislative approval. However, there are legal standards that must also be met. The Voting Right Act requires that all voters be allowed to participate equally in the political process and that Fayetteville is required to submit all of its changes to the Justice Department for approval. The standard of review is whether the change has a discriminatory purpose or effect. The measures of the level of discrimination in a districting plan is whether the plan is retrogressive in the way it handles minority voting strength. Because Fayetteville has three of its nine districts (1/3 of the council seats) controlled by minority voters, any new system must preserve the same level of representation. Mr. Wilson explained what makes an election plan constitutionally suspect. The following factors would create a race neutral criteria and probably assure the approval of a submission: A. Compactness; B. Contiguity; C. Respect for political subdivisions or communities defined by actual shared interest; D. State law, practice, and custom; E. Natural geographic boundaries; F. Racial features should only exist because of the racial conditions of the community, and not because of any racial bias in the districting principles themselves. The redistricting options available to the City of Fayetteville were presented by Mr. Wilson. He informed Council that the current plan of 6 districts with 3 at-large candidates could not be salvaged and that a new plan must be set up. A discussion ensued regarding the pros and cons of the various options presented by Mr. Wilson. Councilmembers expressed their concerns about assuring that all voters would be guaranteed a vote and a representative. It was determined that in order to have all options available the Council needed to hold a special meeting with the North Carolina State Legislative Delegates after the Government Association meeting on January 27, 1997. Councilmember Kendrick made a motion to this effect, seconded by Mayor Pro Tem Blackwell and the motion carried by a vote of 9 to 0. After further discussion Councilmember Kendrick moved to adjourn the meeting, seconded by Councilmember McBryde and carried unanimously 9 to 0. There being no further business the meeting was adjourned. SPECIAL JOINT MEETING WITH CUMBERLAND COUNTY BOARD OF COMMISSIONERS JANUARY 15, 1997 FAYETTEVILLE CITY COUNCIL SPECIAL JOINT MEETING WITH CUMBERLAND COUNTY BOARD OF COMMISSIONERS ARTS CENTER, 301 HAY STREET JANUARY 15, 1997 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Absent: Ida Ross (District 2) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Robert C. Cogswell, Jr., City Attorney Ronald E. Hansen, Chief of Police Carl Milazzo, Police Legal Advisor Jason Brady, Public Information Officer Cumberland County Board of Commissioners (none absent) Clifford G. Strassenberg, County Manager Neil Yarborough, County Attorney Douglas E. Canders, Assistant County Attorney Earl Butler, Cumberland County Sheriff Deborah Koenig, Sheriff's Department Legal Advisor Chip Grammer, Cumberland County Schools Members of the Press Mayor Dawkins called the City Council to order. A motion was made by Councilmember McBryde, and seconded by Councilmember Blackwell, to excuse Councilmembers Ross and Cheek until they arrived. The motion passed unanimously. Councilmember Smith then made a motion to approve the agenda and Councilmember Kendrick seconded the motion, which passed unanimously. Mr. Lee Warren, Chairman of the Cumberland County Board of Commissioners, then called the Board of Commissioners to order and an invocation was led by the Reverend Ernie Johnson, Highland Presbyterian Church. Chairman Warren explained the purpose of the meeting was for the discussion of the proposed juvenile protection ordinance developed by the County. At this time, Councilmember Cheek arrived. County Attorney Neil Yarborough explained the ordinance had been developed by his staff and the Sheriff's Department legal staff. Following some questions by County Commissioner Rollin Shaw, the Sheriff's Legal Advisor, Deborah Koenig, addressed the two bodies. After Mrs. Koenig's presentation, there followed a question and answer period, and also a presentation by Capt. H. Greg Huneycutt, Chief of the Family Services Bureau of the Charlotte-Mecklenburg Police Department. In addition to those previously indicated, Cumberland County Sheriff Earl Butler, Reverend Ernie Johnson of Highland Presbyterian Church, Mr. Chip Grammer of the Cumberland County Schools, and Chief of Police Ronald E. Hansen also addressed the bodies. There was a lengthy question and answer period between the members of both bodies, and the speakers. Councilmember Smith made a motion to adjourn, seconded by Councilmember Massey and passed unanimously. The meeting was adjourned at approximately 9:25 p.m. REGULAR MEETING JANUARY 21, 1997 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER JANUARY 21, 1997 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Frank Simpson, Inspections Director Karen Musgrave, Assistant City Attorney Vera Bell, Solid Waste Management Kathy Kem, Planning Division Staff Mr. Steve Blanchard, PWC Manager Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Reverend Walter Barwick, Pastor of C & Adams Street Church of God, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins presented Reverend Barwick with a City pin. CHARACTER EDUCATION CONCEPT FOR JANUARY, 1997: SELF DISCIPLINE 1. APPROVAL OF AGENDA Councilmember Massey moved to add an executive session to discuss the Consent Decree of 1974 as Item 9.A. City Attorney Robert Cogswell informed City Council that because outside counsel had been hired, he could not represent them in this matter and he could not give any legal advise. Councilmember Ross seconded the motion. A discussion ensued regarding the fact that the Council's attorney would not be present for the executive session. Councilmembers McBryde, Cheek and Mayor Pro Tem Blackwell stated they would not go into the executive session without legal representation. Mayor Dawkins called for a vote on the motion. The motion carried by a vote of 5 to 4 with Councilmembers Ross, Dempster, Smith, Torrey, and Massey in favor and Councilmembers Cheek, McBryde, Kendrick, and Mayor Pro Tem Blackwell in opposition. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Mayor Pro Tem Blackwell requested to pull Item 2.F.3. and Councilmember Massey requested to pull Item 2.A. Councilmember Kendrick moved to approve the consent agenda with the exceptions of 2.A. and 2.F.3. After a second from Mayor Pro Tem Blackwell, the consent agenda and following items were unanimously approved: A. (Pulled for discussion) B. Adopt ordinances amending Chapter 20, Motor Vehicles and Traffic, Section 20-21, Traffic Schedule Number 6 - Stop intersection, adding stops in newly developed subdivisions and certain private streets warranted for stop control. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1997-002. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1997-003. Copies of the foregoing ordinances are on file in the City Clerk's office in Ordinance Book NS1997. C. Approve referral to Streets and Roads Committee of the following matters: 1. The design of Law Road bond project. 2. Status of private street acceptance. (Requested by Councilmember Kendrick) D. Set Public Hearing for February 17, 1997, to consider the paving of Distribution Drive from Country Club Drive to the Northeast corner of the Healy property. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF DISTRIBUTION DRIVE FROM COUNTRY CLUB DRIVE TO THE NORTHEAST CORNER OF THE HEALY PROPERTY - (TAX PARCEL NUMBER 0429-42-2733.) RESOLUTION NO. R1997-004. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. E. Adopt a resolution authorizing condemnation of Parcel S-6 Cardinal Circle Paving Project. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1997-005. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. F. Approve the following PWC matters: 1. Award of purchase contract for three (3) 2500KVA Padmount Transformers to Scott-Parish Electrical (Wake Forest, NC) in the amount of $61,086.48. (Exercise option provided in bid award of April 24, 1996.) This is an exercise of the option provided in the bid awarded on April 24, 1996. 2. Award of purchase contract for 50, 50KVA Padmount Transformers to Ermco (Dyersburg, TN), low evaluated bid in the amount of $61,200.00. Bids received were as follows: Ermco (Dyersburg, TN) $61,200.00 Power Supply (Matthews, NC) $67,900.00 Rigby Electric (Rocky Mount, NC) $67,400.00 WESCO (Raleigh, NC) $56,450.00 3. (Pulled for discussion) 4. Award of purchase contract for two 1500KVA Padmounted Transformers to WESCO (Raleigh, NC) low evaluated bid in the amount of $26,616.00. Bids received were as follows: WESCO (Raleigh, NC) $26,616.00 Eastern Electric (Rocky Mount, NC) $91,649.48 Power Supply (Matthews, NC) $36,860.00 Pauwels (Washington, MO) $33,196.00 Rigby Electric (Rocky Mount, NC) $36,860.00 5. Award of purchase contract for 100,000' of 1/0 ALCN EPR 25KV 1/C Cable to Scott-Parish (Wake Forest, NC), low evaluated bid in the amount of $141,322.00. Bids received were as follows: Scott-Parish (Wake Forest, NC) $141,322.00 Power Supply (Matthews, NC) $142,200.00 Eastern Electric (Rocky Mount, NC) $143,776.00 Rigby Electric (Rocky Mount, NC) $153,900.00 Power & Telephone (Knoxville, TN) $166,000.00 WESCO (Raleigh, NC) $145,700.00 6. Award of purchase contract for 30,000' of 750 MCM AL EPR 25KV 1/C Cable to WESCO, Inc., low evaluated bid in the amount of $109,860.00. Bids received were as follows: WESCO (Raleigh, NC) $109,860.00 Power Supply (Matthews, NC) $130,950.00 Eastern Electric (Rocky Mount, NC) $132,428.70 Rigby Electric (Rocky Mount, NC) $119,820.00 Scott-Parish (Wake Forest, NC) $130,169.00 2.A. Approve minutes of regular meeting of December 16, 1996. Councilmember Massey requested to add the verbatim language to Item 4.A. of the December 16, 1996, meeting. Councilmember Massey moved to approve the minutes with the addition of the verbatim language, seconded by Councilmember Torrey and carried by unanimous vote of 9 to 0. F.3. Award of purchase contract for 100, 25KVA CSP Transformers to Ermco (Dyersburg, TN), low evaluated bid in the amount of $56,800.00. Mayor Pro Tem Blackwell asked for clarification on this item. Mr. Horne stated this was the lowest qualified bidder. Mayor Pro Tem Blackwell moved to award the contract, seconded by Councilmember Smith and carried unanimously 9 to 0. Bids received were as follows: Ermco (Dyersburg, TN) $56,800.00 Power Supply (Matthews, NC) $52,600.00 Rigby Electric (Rocky Mount, NC) $52,200.00 WESCO (Raleigh, NC) $74,300.00 Kuhlman (Versailles, KY) $62,100.00 3. PUBLIC HEARINGS: A. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour on Belvedere Avenue from Pearl Street to its end. Assistant City Manager Jimmy Teal presented this item. Mr. Teal stated that Greenland and Ashland Streets should have been included according to Council's policy. A discussion ensued regarding the Council's policy. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition and therefore, the public hearing opened and closed at 7:21 p.m. No action was taken. City Manager John Smith stated a petition would be circulated on Greenland and Ashland Streets. B. (P96-125F) Consideration of the rezoning from R5 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 1321 and 1323 Fort Bragg Road. Containing .44 acres more or less and being the property of St. James Lutheran Church as evidenced by deed recorded in Deed Book 1180, Page 569, Cumberland County Registry. Kathy Kem of the Planning Division staff presented this item. She stated the Zoning Commission recommended denial and the Planning staff recommended approval. This is the advertised public hearing set for this date and time. The public hearing opened at 7:26 p.m. Appearing in favor of the rezoning were Dr. Harold O. Arne, 2500 Lockwood Road, Fayetteville, North Carolina, and Mr. Philip Williams, P.O. Box 1338, Roseboro, North Carolina. Appearing in opposition to the rezoning were Mr. Mason Hicks, 1415 Summit Avenue, Fayetteville, North Carolina, Mr. Dan Hicks, 1422 Summit Avenue, Fayetteville, North Carolina, and Ms. Sue Bandy, 1215 Hilltop Avenue, Fayetteville, North Carolina. The public hearing closed at 7:52 p.m. Councilmember Cheek moved to deny the rezoning, seconded by Mayor Pro Tem Blackwell. Councilmember Cheek stated this was a difficult motion to make because the issue of commercial versus neighborhood development had to be addressed. She stated City Council has always supported keeping a line on the Haymount area and the Haymount area had changed so much in the last 25 years. Ms. Cheek expressed her concern that the Haymount Plan had not been incorporated into the land use part of the 2010 Land Use Plan. A lengthy discussion was held regarding the transitional nature of this area and the zoning requirements for a P2 zone. Mayor Dawkins called for a vote. The motion to deny the rezoning failed by a vote of 5 to 4 with Councilmembers McBryde, Smith, Kendrick, Dempster, and Massey voting in opposition and Councilmembers Ross, Cheek, Blackwell, and Torrey voting in favor. Councilmember Dempster moved to rezone the property to P2, seconded by Councilmember McBryde and carried by a vote of 6 to 3 with Councilmembers Cheek, Blackwell, and Torrey voting in opposition. This vote met the 2/3 vote requirement. Councilmember Cheek moved to have the Haymount Plan sent to the Planning Board for adjustments to change the 2010 Land Use Plan, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. C. Consideration of adoption of two ordinances to extend the corporate limits of the City of Fayetteville, NC. (Two petition-initiated contiguous annexation areas). 1. Property of Stewart Oldsmobile, Inc. (Located on southern side of Raeford Road, across from Bunce Road intersection) Deputy City Manager Roger Stancil presented this item. He stated that one of the conditions of the approval of the site plan was that the applicants show a future 90 foot right-of-way for the Bunce Road extension which will connect with Bingham Drive. Mr. Stancil stated this is a state road project. This is the advertised public hearing set for this date and time. The public hearing opened at 8:25 p.m. Mr. Peter Stewart, 125 Dundee Road, Fayetteville, North Carolina, appeared in favor of the annexation. There was no one present to speak in opposition. The public hearing closed at 8:26 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. STEWART OLDSMOBILE, INC. PROPERTY. (LOCATED ON SOUTHERN SIDE OF RAEFORD ROAD, ACROSS FROM BUNCE ROAD.) ANNEXATION ORDINANCE NO. 97-01-417. Councilmember Kendrick moved to approve the annexation to be effective immediately, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. A copy of the foregoing ordinance is on file in the City Clerk's office in Annexation Book 1997. 2. Fairfield Farm, Section 2. Property of Brolanco Corporation. (Located west of Section 1 of Fairfield Farm. Fairfield Farm is situated north of the Andrews Commons Shopping Center) Deputy City Manager Roger Stancil presented this item. This is the advertised public hearing set for this date and time. There was no one signed up to speak either in favor or opposition. The public hearing opened and closed at 8:30 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. FAIRFIELD FARM-SECTION 2. (PROPERTY OF BROLANCO CORPORATION.) ANNEXATION ORDINANCE NO. 97-01-418. Councilmember Smith moved to approve the annexation to be effective immediately, seconded by Councilmember Cheek and carried unanimously by a vote of 9 to 0. Councilmember Kendrick inquired as to whether the streets in this area would meet City standards. He received an affirmative answer from Mr. Stancil. A copy of the foregoing ordinance is on file in the City Clerk's office in Annexation Book 1997. 4. (P96-115F) Consideration of an application by Colonial Radio Group, Inc., for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-22(17.1) to allow a radio tower in an M2 Industrial District for an area located south of Neville Street and east of North Street containing 4.49 acres more or less and being the property of Colonial Radio Group, Inc., as evidenced by deed recorded in Deed Book 4428, Page 516, Cumberland County Registry. The public hearing on this item was held on December 16, 1996. No action was taken at that time. Ms. Kathy Kem of the Planning Division Staff presented this item. She reviewed its history and stated that all requirements had been met for the Special Use Permit. She discussed the guidelines for human exposure to radio frequency radiation as adopted by the American National Standard Institute and informed Council that the exposure levels that would occur with the proposed WFAI tower were significantly less than the maximum suggested level as advocated by the AMSI. A discussion was held regarding the radiation factor, the history of the current zoning, and the well-being of the neighborhood. Councilmember McBryde moved to approve the Special Use Permit based on the following findings of facts: 1. The use fits into the character of the area. 2. The use is not detrimental to the surrounding neighborhood. Councilmember Kendrick seconded the motion. A lengthy discussion was held on the motion. Mayor Dawkins called for the vote and the Special Use Permit was granted by a vote of 8 to 1 with Councilmember Torrey in opposition. 5. Consideration of appeal of demolition order for property located at 5130 Raeford Road. (Owner: Lafayette Land Company) City Attorney Robert Cogswell stated there would be no time restraint on the speaker and that the speaker must be sworn in. This is in accordance with the North Carolina General Statutes. Mr. Robert Dail, President, Lafayette Land Company, was sworn in. Mr. Dail requested that he be allowed an extension of 12 months to address the demolition of the wall left standing after a major fire. He stated he would come back to the Council with a plan of action. Mr. Dail stated the annexation had changed the way his property could be used and he needed more time to determine his plan of action. Mr. Frank Simpson, Inspections Director, was sworn in. Mr. Simpson presented a video of the site which demonstrated the hazard created by the wall. City Attorney Robert Cogswell moved to introduce the video into evidence. Mayor Dawkins accepted the evidence. Mr. Dail did not object to the video but stated he would like to have known that it was going to be presented. A discussion was held regarding the City's liability. City Attorney Robert Cogswell informed Council they could affirm, modify and affirm, or revoke the order of the Inspections Director. Councilmember Kendrick moved to affirm the action taken by the Inspections Director, seconded by Councilmember Dempster and carried unanimously by a vote of 9 to 0. 6. Consideration of adoption of ordinance amending the Amended and Restated Employees' Retirement Plan of the Public Works Commission of the City of Fayetteville, which provides for purchase of prior service and change in the approval processes of ad hoc cost of living increases. Mr. Steve Blanchard, PWC Manager, presented this item. ORDINANCE AMENDING THE AMENDED AND RESTATED EMPLOYEES' RETIREMENT PLAN OF THE PUBLIC WORKS COMMISSION OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1997-004. Mayor Pro Tem Blackwell moved to approve the ordinance, seconded by Councilmember McBryde and carried unanimously 9 to 0. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1997. 7. Consideration of adoption of resolution authorizing a Section 3 Grant Application for the purchase of three transit coaches. AUTHORIZING RESOLUTION APPLICANT SEEKING PERMISSION TO APPLY FOR SECTION 5309 FUNDING, ENTER INTO AGREEMENT WITH THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION AND TO PROVIDE NECESSARY ASSURANCES. RESOLUTION NO. R1997-006. Councilmember Kendrick moved to adopt the resolution, seconded by Councilmember Torrey and carried unanimously by a vote of 9 to 0. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. 8. Discussion of redistricting plan. Councilmember Kendrick stated he supported a three multi-member district because he felt it would make future annexations by the City easier. He suggested petitioning the state legislature for their approval of this process. Councilmember McBryde stated the three multi-member district request was still on the table and he did not think anything else would be necessary. Councilmember Massey expressed his preference for single-member districts because the system allows citizens to hold their elected officials responsible. Mr. Massey stated there were four options available that would require no state legislative changes. Councilmember McBryde stated he wanted as many options available as possible when it came time for the decision to be made. He also expressed his belief the cost of establishing a multi-member district system would be less than single districts. Councilmember Ross expressed her support of single districts. Mayor Dawkins stated he felt the multi-member district was the best solution because if there were nine single districts the citizens would give up 89 percent of their voting rights. Councilmember Cheek stated her support for the multi-member districts because she would like to have as many options as possible. She requested that a schedule of time restraints be prepared for Council. Councilmember Torrey stated he was in favor of the single-district plan. Councilmember Dempster stated he preferred the nine district, three at-large plan because he liked representing the whole City as opposed to just one area. Councilmember Smith inquired as to the role of the Election Board in this process. City Attorney Robert Cogswell stated their role goes along with Council's role. The Board of Elections cannot proceed until the district lines are drawn by Council then the two submissions are sent in at the same time to the Justice Department. 9. A. Discussion of review of personnel files. (Requested by Councilmember Jim Smith.) Councilmember Smith stated this was not a motion to reconsider, but was an attempt to find out how to proceed to protect the Councilmembers individually and as a Council. He wanted to get a legal opinion from the City Attorney, but did not know what specific questions to ask. Councilmember Massey made a motion which was read and then submitted to the City Clerk in written form. The motion is a follows: THE CITY OF FAYETTEVILLE, NORTH CAROLINA ***************************************** RESOLUTION MANDATING INVESTIGATION INTO THE PERSONNEL PRACTICES OF THE FAYETTEVILLE POLICE DEPARTMENT AND FAYETTEVILLE CITY MANAGEMENT ***************************************** Be it resolved: That the City of Fayetteville, North Carolina, has become the subject of continuing complaints and communications alleging various improper or unlawful employment practices within the Fayetteville Police Department and the Office of the Fayetteville City Manager; and That the nature of the multiple pending personnel related complaints suggest that there could be a hostile work environment within the Fayetteville Police Department; and That the Fayetteville City Council of the City of Fayetteville is firmly committed to complying with all appropriate constitutional, statutory and other laws that govern employment relationships with its employees; and That the City Council of the City of Fayetteville is firmly committed to improving the effectiveness of its police department and the delivery of law enforcement services to the citizens of Fayetteville, to reducing a serious crime rate in Fayetteville and promoting and protecting public safety; and That the City Council is committed to rectifying any and all abuses in the workplace of the Fayetteville Police Department or in the office of the City Manager in order to promote enhanced law enforcement and public safety for all citizens of the City of Fayetteville; and That the Fayetteville City council recognizes the crucial or critical importance and value of all of its employees and the need to have a workplace free of hostile conditions; and That the Fayetteville City Council recognizes the necessity of a professional investigation to be conducted of the numerous alleged personnel and related problems within the Fayetteville Police Department and within Fayetteville City Management; and That the Fayetteville City Council recognizes its obligations to eliminate unlawful and improper employment policies and practices so as to protect the City of Fayetteville, and That the Fayetteville City Council is hereby exercising constitutional and statutory authority under the First and Fourteenth Amendments to the United States Constitution, under the North Carolina Constitution, under the Fayetteville City Code and under N.C. General Statute 160A-180, 160A-4 and other authorities; these laws provide that the City "council shall have power to investigate the affairs of the city..." 160A-180; and That the Fayetteville City Council shall investigate the personnel affairs of its police department and city manager; that the information and data necessary for this investigation shall be developed and assembled through a consultant and hereafter provided and as further provided by agreement with said consultant; and that the City Council shall retain its full investigative and remedial authority under N.C. General Statute 160A-180; and That the investigation to be conducted is not for criminal law purposes; and That all decision making authority for purposes of implementing a remedial plan, if necessary, shall remain exclusively with the Fayetteville City Council. NOW, THEREFORE, be it resolved that the City Council of the City of Fayetteville, North Carolina does hereby order: 1) That a non-criminal inquiry and investigation be conducted into the personnel practices of the Fayetteville Police Department and the Office of the City Manager by the Fayetteville City Council with information to be gathered by the City Council's consultant/investigators; and 2) That Retired Police Chief Melvin Tucker and Mr. James B. Merritt are hereby appointed to act as a consultants/investigators for and on behalf of the Fayetteville City Council to conduct an investigation and inquiry into the personnel practices of the Fayetteville Police Department and the office of the Fayetteville City Manager; and 3) That Chief Tucker and Mr. Merritt are authorized to appoint an attorney and an investigator to assist and advise them in connection with the investigation as necessary; and 4) That Chief Tucker, Mr. Merritt and appointed counsel shall have full and complete authority to conduct an investigation into Fayetteville personnel practices on behalf of the Fayetteville City Council; that all city employees are ordered, under standard City procedure, to cooperate in this investigation and that all employees shall submit to interview and other investigative procedures; that the Fayetteville City Manager, the Fayetteville Chief of Police and the Fayetteville Personnel Director shall cooperate fully in this investigation and shall comply and furnish such data as requested by Chief Tucker and Mr. Merritt; and 5) That Chief Tucker, Mr. Merritt and counsel shall maintain strict confidentiality of personnel and professional standards matters reviewed in connection with their inquiry, and that Chief Tucker, Mr. Merritt and their counsel shall not publicly discuss or disclose these personnel or professional standards matters, other than with their investigator and appointed counsel, before submitting his or their report to City Council; further as a part of Chief Tucker's and Mr. Merritt's and their attorney's appointment, that they shall execute a certification that they will not release information identifying the employees whose files are reviewed; and 6) That for purposes of this appointment and this investigation, that Chief Tucker and Mr. Merritt shall be City officials with supervisory authority for purposes of reviewing and analyzing personnel records further that Chief Tucker and Mr. Merritt are appointed as city officials under N.C.G.S. 160A-168; further that the City Council finds that the release of personnel information to Chief Tucker is essential to maintaining public confidence in the administration of city services and to maintain a level and quality of city services; further that Chief Tucker and Mr. Merritt, and their counsel, shall be permitted to examine all necessary personnel files for research purposes in connection with this investigation; and 7) That the general scope of inquiry by Chief Tucker and Mr. Merritt shall be to examine whether. a) there has been or is a hostile work environment within the Fayetteville Police Department, b) whether there has been any actual or threatened retaliation against Fayetteville police officers by the Fayetteville Police Department or the office of the City Manager, c) whether there have been incidents of attempted suppression of speech or suppression of complaints of problems, d) whether the personnel practices of the Fayetteville Police Department and the office of the City Manager are and have been consistent with sound professional law enforcement and public administration standards, e) whether management officials of the Fayetteville Police Department have employed any unprofessional or improper tactics or methods in addressing employee communications or other matters, and f) Whether there has been disparate treatment among employees, and g) whether employees have been subjected to any unfair or improper disciplinary action or treatment, and h) other subsidiary issues or other issues as discovered by Chief Tucker and Mr. Merritt that they deems necessary for purposes of their investigation and/or report. 8) That Chief Tucker and Mr. Merritt shall prepare a report of their inquiry, so that the Fayetteville City Council shall have the benefit of the investigation for purposes of determining the public policy of the City of Fayetteville; that all matters contained in the report of Chief Tucker and Mr, Merritt shall be privileged and because of the personnel privacy issues involved, their report shall not be publicly disclosed unless Council subsequently decides to do so if Council deems it necessary or appropriate. 9) That the sum of ten thousand dollars be authorized as payment for this investigation and report; that Chief Tucker and Mr. Merritt shall make every attempt to conclude this investigation as soon as possible, This 21st day of January, 1997. Mayor Dawkins ruled the motion out of order because it did not pertain to the reviewing of personnel files. A lengthy discussion pursued regarding the appropriateness of the motion. City Attorney Robert Cogswell stated that because of its length the document needed to be reviewed prior to any Council action. Mayor Dawkins stated he would like to determine who the persons were that were named in the motion. He felt background information was needed. Councilmember Torrey moved to have Councilmember Massey present everyone with a copy of this motion and background information on Chief Tucker and Mr. Merritt. Mayor Dawkins stated his concern that the motion was close to a violation of the city council-manager form of government and in fairness to all City Council members he felt it needed to be reviewed for possible conflicts. Councilmember Massey stated his motion would take care of the problem by setting up an independent, non-biased and objective investigation of personnel policies. City Attorney Robert Cogswell stated that in light of the printed item on the agenda, a method of going about investigating these files, the motion would be appropriate, but that he had heard some things that he did not believe were consistent with the statutes and the limited power that the Council had as a governing body, to include the action of making people officials. He stated that he had discussions with the Institute of Government in anticipation of these issues, and therefore had some concerns that the motion might not be consistent with the item. He wanted the opportunity to review the motion before the Council acted on it in order to clarify the Council's authority. He further stated that at this point he did not believe he had a conflict in doing this. Councilmember Dempster inquired of Mr. Cogswell if the motion was appropriate or not. Mr. Cogswell replied that he had problems with the motion and did not think they could do parts of it. He restated his opinion that an independent contractor is not an official as set out in North Carolina General Statute 160A-168. Councilmember Ross asked Mayor Dawkins about a letter from HUD. Mayor Dawkins stated the letter did not pertain to this item and it would be placed on an upcoming agenda. Mayor Pro Tem Blackwell expressed his frustration at the Council's inability to reach closure in this matter and stated that in his opinion something did not pass the smell test. Mayor Dawkins requested that Councilmember Massey make available a copy of the original motion and also obtain background information on the parties mentioned in the document. The documents would then be given to all Councilmembers for their review. A question was asked regarding the status of Mr. Torrey's motion and Mayor Dawkins stated that a motion was not required. B. Executive Session to Discuss the 1974 Consent Decree Councilmember Massey moved to rescind or subtract his request for a closed session and requested that Mr. Phil Van Hoy be present at the next meeting to discuss the 1974 Consent Decree. Councilmember Ross seconded. Councilmember McBryde asked what was the specific purpose behind the motion. Councilmember Massey stated that to respond to that question would defeat the purpose of going into an executive session so therefore, Mr. McBryde would have to decide whether he was going to go into the session or not. Councilmember McBryde stated he had just decided. Councilmember Cheek asked Mr. Cogswell if this was something he recommended the City Council do. Mr. Cogswell replied that all he knew was that a request had been made to discuss that lawsuit in a closed session with an attorney. One possibility was that the reason for the request would certainly be protected under the attorney-client privilege if it was communicated directly to him and then by him to Mr. Van Hoy. Councilmember Kendrick inquired if this were an action to rescind a previous action, wouldn't a motion to reconsider be required. Mr. Cogswell stated he did not think that applied to this situation. He also stated that there would have to be a motion to go into closed session at the next meeting. After discussion, Mr. Cogswell asked if anyone had any objections to having Mr. Van Hoy at the next meeting. There was no opposition expressed. Mayor Dawkins called for a vote on the motion to rescind this request for closed session, and the motion carried by a vote of 7 to 2 with Councilmembers McBryde and Kendrick in opposition. 10. APPOINTMENTS: A. Nomination/appointment to fill one vacancy on N.C. Firemen's Relief Fund. Councilmember McBryde nominated Mr. A. Scott Kelly to fill the vacancy on the Firemen's Relief Fund. B. Nominations to fill two vacancies on Human Relations Commission. Mayor Pro Tem Blackwell nominated Reverend John T. Johnson to fill the vacancy of Dr. Hubert Doub. Councilmember Torrey nominated Ms. Joyce Malone to fill the vacancy of Ms. Cynthia McCormick. 11. ADMINISTRATIVE REPORTS: A. Discussion of solid waste issues. Deputy City Manager Roger Stancil presented this item. He gave an overview of the pickup of Fran's debris. Mr. Stancil stated the City had contracted with ARS Waste Management to administer the pickup of the hurricanes debris. ARS complied with the contract and one complete sweep of the City had been accomplished, however, due to the state-wide demand, the subcontractors hired by ARS had gone to higher paying areas and the City had been left with the task. At this point in time, the staff is trying to get approval for reimbursement from the Federal Emergency Management Agency (FEMA) for second and third passes to remove debris. Mr. Stancil said there were plans to do another sweep with the citizens being informed of the date the sweep would be made. A discussion ensued regarding the compliance of ARS Waste Management with their contract. Mr. Stancil stated they had complied but the decision had been made not to continue the contract for additional sweeps. The Council verbalized their intent to get the job done as quickly as possible and to spend the monies necessary to accomplish this task. A discussion was held regarding the possible solutions to completing the debris pickup with suggestions being made by Councilmembers. Deputy City Manager Roger Stancil reported that a management team from Greensboro had studied the current situation and the staff felt their recommendations were good. Their recommendation of operating both garbage and yard trash pickup four to five days a week on the same day with a once-a-week pickup schedule would be implemented upon receipt of the ten new waste trucks Councilmember Cheek, in response to calls from business customers with dumpsters, requested to have the ordinance dealing with dumpster reviewed by the proper party for the purpose of addressing the issue the requirement of having the side gate open to pickup the trash in the dumpster. Councilmember Cheek stated current requirements to open the door and extra charges for this service seem to be creating a hardship for the owners of dumpsters. All Councilmembers were in agreement with Councilmember Cheek's request. B. Discussion of communication needs of City Council. Mayor Pro Tem Blackwell requested that a plan be developed to monitor the communication systems for personal use. He also suggested that arrangements be made for reimbursement to the City by Councilmembers of any time used for personal business. INFORMATION ON PUBLIC HEARINGS SET: JANUARY 27, 1997: Consideration of documents approving the Section 108 Loan for Seabrook Pool reconstruction. FEBRUARY 3, 1997: Consideration of allowance of brewpubs and microbreweries. INFORMATION ITEMS: 1. Thank you note from Lorene McBryde. 2. Statement of taxes collected for the month of December, 1996, from the Cumberland County Tax Collector. 1996 Taxes 3,808,153.55 1996 Vehicle Taxes 154,034.74 1996 REV 9,302.48 1996 Vehicle REV 60.57 1996 FVT 20,490.00 1996 Storm Water 344,172.68 1995 Taxes 12,948.55 1995 Vehicle Taxes 17,394.77 1995 REVIT 291.75 1995 Vehicle REVIT 0.00 1995 FVT 2,307.99 1995 Storm Water 1,419.76 1994 Taxes 9,533.23 1994 Vehicle Taxes 376.49 1994 REVIT 0.00 1994 Vehicle REVIT 0.00 1994 FVT 110.00 1993 Taxes 3,769.17 1993 Vehicle Taxes 149.27 1993 REVIT 61.71 1993 Vehicle REVIT 0.00 1993 FVT 63.83 1992 And prior Taxes 2,922.45 1992 And prior FVT 36.02 1992 And prior REVIT 5.24 Interest 7,051.56 Interest (REVIT) 13.47 Interest (Storm Water) 146.56 Fayetteville Discount 0.00 REVIT. Discount 0.00 Total Collections 4,394,815.84 3. Response to request from Councilmember Kendrick on In Car Video System. 4. Report on upcoming meeting with NCDOT to discuss Cliffdale Road Interchange. 5. Update on Village and Metromedical traffic signal and flash times operations for signals on Village Drive. 6. Update on matters related to the Police Building site and Franklin Street. 7. Information on ordinance regarding illegal storm water connections. 8. Update address list for Cumberland County Legislative Delegation. 9. Police Department - Professional Standards Monthly Report for December, 1996. 10. Fayetteville Board of Adjustment - minutes of December 18, 1996. 11. Recreation and Parks Advisory - agenda for January 27, 1997. 12. Human Relations Commission - minutes of December 12, 1996. 13. FACVB - minutes of December 12, 1996. Councilmember Kendrick moved to adjourn the meeting, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. There being no further business the meeting was adjourned at 10:55 p.m. SPECIAL JOINT MEETING WITH CUMBERLAND COUNTY LEGISLATIVE DELEGATION JANUARY 27, 1997 FAYETTEVILLE CITY COUNCIL SPECIAL JOINT MEETING WITH CUMBERLAND COUNTY LEGISLATIVE DELEGATION RADISSON PRINCE CHARLES HOTEL 450 HAY STREET JANUARY 27, 1997 8:30 A.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Absent: Ida Ross (District 2) Delegation Present: Senator Anthony E. (Tony) Rand, Senator Larry Shaw, Representatives John W. (Bill) Hurley, Amelia A.H. (Mia) Morris, Theodore J. (Ted) Kinney, Mary E. McAllister and Alex Warner Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Robert C. Cogswell, Jr., City Attorney Mayor Dawkins called the meeting to order at approximately 8:30 a.m. The City Attorney presented the draft of a local bill that would authorize the City Council to use multi-member districts as one election plan method that the City Council could implement in its charter by the adoption of an ordinance pursuant to state law. The legislation was requested of the delegation during the last session of the legislature, but not introduced. There followed a general discussion amongst the members of the City Council and the Delegation. During the discussion, Councilmember Torrey expressed a desire to change his vote on March 18, 1996, in favor of the request made to the Delegation and no action was taken on his request. Motion was made to adjourn and seconded, and the vote was unanimous. The meeting adjourned at approximately 9:00 a.m. INFORMATION MEETING JANUARY 27, 1997 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER JANUARY 27, 1997 7:00 P. M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Frank Simpson, Inspections Director Kai Nelson, Finance Director Pete Piner, Fire Chief Robert Barefoot, Recreation/Community Facilities Director Joe Boyd, Information Systems Director Kathy McPhail, Risk Management Director Phil Van Hoy Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Councilmember Torrey, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins presented a proclamation in honor of Girls and Women in Sports Day to Selena Washington, a supervisor at the Nick Jerald's Center. 1. APPROVAL OF AGENDA City Manager John Smith requested to remove Item 5, discussion of matters related to the Police Administration Building and Franklin Street. He stated the staff would like to meet with the architect one additional time prior to presenting it to Council. Councilmember Smith requested to add Item 6, A Closed Session to Discuss Personnel Matters, seconded by Councilmember Ross. A lengthy discussion ensued regarding the motion and the placement of Mr. Smith's item on the agenda. Mayor Dawkins called for a motion to approve the amended agenda. Councilmember Dempster moved to approve the agenda with the deletion of Item 5 and the addition of Item 6, A Closed Session to Discuss Personnel Matters, seconded by Councilmember Ross and carried unanimously by a vote of 9 to 0. 2. Consideration of the following Seabrook Pool matters, pursuant to NCGS 160A-20 granting a security interest to the holders of the notes in the property upon which is located the Seabrook Swimming Pool, to reconstruct the Seabrook Pool, pursuant to §108 of the federal Housing and Community Development Act of 1974, as amended: City Attorney Robert Cogswell presented this item. Mr. Cogswell stated the City was granting a security interest to the note holders in the property upon which the Seabrook Pool was located, and if a default occurred the government would seek repayment through entitlements, program income, and grants. There would be no default or judgment against the City. 1. Public hearing for input in the funding for the reconstruction of Seabrook Pool. This is the advertised public hearing for this date and time. The public hearing opened at 7:19 p.m. Mr. Clinton Harris, 4713 Wautaga Road, Fayetteville, North Carolina, appeared in favor of the funding. Mr. Harris expressed concern about the spending of HUD moneys by the City. Minister Eronomy Muhammed, 1207 Murchison Road, Fayetteville, North Carolina, expressed his support for the pool. Mr. Alan O. Morris, P.O. Box 2864, Fayetteville, North Carolina, stated that he has signed up in error and did not wish to address this item. There being no one further to speak either in favor or opposition, the public hearing closed at 7:25 p.m. 2. Approval of 15 promissory notes ($60,000.00 each). 3. A contract for loan guarantee assistance with the United States Secretary of Housing and Urban Development (HUD). 4. A Series 1996-B Fiscal Agency Agreement with Chase Manhattan Bank, for the purposes of borrowing the sum of $900,000.00. Mayor Pro Tem Blackwell moved to approve Items 1, 2, and 3, seconded by Councilmember Cheek and carried unanimously by a vote of 9 to 0. 3. Discussion of process for responding to issues raised relating to personnel practices of the Police Department and City Manager's office. A complete transcript for this item follows: Dawkins: Item three is discussion of process for responding to issues raised relating to personnel practices of the Police Department and the City Manager's office. Mr. John Smith . . . Cogswell: Do we have a motion and vote on those documents? Dawkins: I apologize. I do have the motion, but we'll . . . Thank you. ________: We did vote . . . Dawkins: The motion is . . . Cheek: We voted. ________: We did vote for that. ________: Item two, three, and four. ________: Did we include all of them or just the whole . . . Cogswell: It needs to be all the documents. Dawkins: Well that's . . . Cheek: Yes. Dawkins: Yes, it was all the documents. Massey: [inaudible] if it hasn't been. Dawkins: It was . . . Massey: If it has been . . . Cheek: We voted. Dawkins: Yes. All of them. Well . . . Cogswell: [inaudible]. Dawkins: Yes, because we had items one, two, three, four. So they've been approved Ms. Jones. Cogswell: [inaudible]. Dawkins: That was a unanimous vote. All right. And I read item three. Mr. John Smith, would you like to say anything and then we'll go into discussion of item three. John Smith: Thank you Mr. Mayor and members of Council. Some of the members of Council have asked me for my input into this matter before it comes to a vote tonight, and because of that, because some of you have asked for it, and because I think this is a decision clearly that could have some very farreaching implications for City government and for the community and obviously an awful lot of community interest in it, Mr. Mayor, if you'll permit, I'd like to try to spell out what my position is on this issue. Dawkins: Yes sir. John Smith: And I will do this very briefly. First of all I'd like to reinstate what I have previously stated, I think on a number of occasions, and that is that I do not object to an appropriate third-party review of the issues raised by the NAACP. I stated that verbally to the NAACP I believe in both of the meetings that I had with them, and I restated again in writing that I did not object to an appropriate third-party review of these issues. At that time, when I made that comment in the meetings with representatives of the NAACP, I was told, in fact, that no investigation would be necessary at that time. In fact they were not asking for an investigation at that time of specific allegations because these matters had been referred by them and individuals who had come forward had been referred by them to EEOC and EEOC would of course carry out the appropriate investigations of specific allegations. Again, I had reiterated by stance that I did not object to and would cooperate with an appropriate review. For whatever reason--apparently the NAACP may have changed its mind or whatever--they are now asking for a third-party investigation apparently, or at least they did when they appeared here before Council. Let me also preface what I'm about to say with simply a restatement. I don't need to restate but to simply a recommitment to what I have sent to City Council regarding a proposal made at the last meeting. I stand by what I said in that memo. I know there are some councilmembers who are upset by that. My only interest in writing that memo was and still is simply to protect the system under which this City has operated I think rather successfully for the past number of years. It is not an attempt to thwart any appropriate third-party review. It is not an attempt to hide anything that may or may not be in personnel files. In fact, I have released those personnel files to be reviewed by City councilmembers. If there was anything to hide in those personnel files, they could certainly be found by City councilmembers upon review. My intent simply was to abide by the system that I believe that has operated successfully in the City of Fayetteville for a number of years. Having said that, let me say very briefly what I think are at least three very important issues that need to be dealt with in any third-party review, whether this third-party review involves a review of personnel files or simply the review of procedures, and they are simply this. Number one, any review should be in keeping with both the letter and spirit of the council-manager system. The process needs to be one that reflects the roles of the Council and the roles of management with each party playing the appropriate role in the process. Number two, any individual involved in that review must not have any ulterior motives, either real or perceived. And number three, the individuals involved in the review must have the necessary expertise in federal employment law and in local government management and particularly law enforcement if the recommendations are to be taken seriously I think by City Council or management. Again, I think very simply my position has been I do not object to a third-party review if done in an appropriate manner and I think an appropriate manner is what I've outlined in these three items, that's in keeping with the letter and spirit of the council-manager system with a role for Council and a role for management in an appropriate role, that the individuals not have ulterior motives and that they have the necessary expertise to carry out the review. If they don't have the expertise to carry out the review, I don't think the recommendations could be of much value to management or the City Council. If these three things can be met, I think this issue can be resolved and that's essentially my input into the matter, Mr. Mayor. Dawkins: All right. Thank you Mr. Smith. Mr. McBryde and then I think Mr. Kendrick wanted to speak. McBryde: Yes, Mr. Mayor, I'd like to make a statement and then I think a motion. As a member of this City Council for the past seventeen years, I have worked under the council-manager form of government. I have found it to be a wonderful method of government to run a City by having always agree with the way things were, but it has proven to be the best local government method that I've seen and I know that there are other forms. There are strong mayor forms, there are strong council forms, the city manager or the city council-manager form of government works and it works well. I have worked with John Smith for all those years and I can tell you that he is probably as fine a City Manager as there is in North Carolina. He was an assistant for a couple of years and I believe has been our manager for fifteen. He has done an excellent job. I would like to just read a short statement and then make a motion which quite frankly I have talked to Mr. Smith about, other councilmembers have been involved in this. This is not Milo McBryde's motion, there are at least four councilmembers and a mayor who have had input in this situation. It addresses every, everything that the upcoming five-page motion, I think, covers. I'm going to cover it in about two paragraphs here. It's something that fits in with the council-manager form of government. It's something we can do. And I would encourage the councilmembers to go along with us on this. First I'd like to say that we the Fayetteville City Council hereby affirm the council-manager form of government pursuant to which the affairs of the City of Fayetteville are managed. We the Fayetteville City Council, as the policy makers of the City, hereby affirm our commitment to equal opportunities for employment and advancement within the various departments of the City without regard to race, creed, gender or national origin, and we the City Council consider the issues raised by the Fayetteville Branch of the NAACP to be serious in nature, and with the best interest of the City and all persons involved in mind, I hereby make the following motion: That in accordance with our authority, we the City Council hereby authorize the City Manager to retain the services of an independent special counsel, who shall have full and complete authority to review the internal personnel procedures and practices and other matters pertaining to the issues raised by the Fayetteville Branch of the NAACP. Further, we as City Council hereby authorize the City Manager to release to the independent special counsel personnel files of the City employees and other information that may be requested by the independent special counsel in connection with this review. In addition, the independent special counsel shall report all findings of fact in connection herewith, including recommendations for action, if any, to the City Council through the City Manager, and the report of the independent special counsel shall be available for public review at such time as determined by the City Council, except as to those matters which are contained in the personnel files of the City employees and which are protected under applicable law. Mr. Mayor, I make that motion. Kendrick: Second. McBryde: I assure you it covers everything that has been questioned and I think that it's well within the bounds of the council-manager form of government. Thank you. Dawkins: Thank you Mr. McBryde. Mr. Kendrick seconded that motion and wished to speak I believe. Kendrick: I reserve comment Mr. Mayor. Dawkins: All right. Well is there any discussion. Let's go first to Mayor Pro Tem Blackwell. Blackwell: Mr. Mayor, Mr. McBryde, and Councilmembers, I would agree with Mr. McBryde's motion and I want to make a statement, but I'd like to add something if I could, Mr. McBryde. If you would agree to it. In part of your motion you put to review the internal personnel procedures and practices of the Fayetteville Police Department. I would like to add this statement: Relating to hiring, dismissal, promotion and work environment, if that meets your approval. McBryde: I have no problem with that Mr. Blackwell. Blackwell: Thank you. McBryde: I appreciate that. Blackwell: And the other part I would like to add is that the last part of your motion when we talked about the independent special counsel shall submit the City Council a written report. I would like to add these statements if its agreeable with you: Neither the City Manager or City Council shall have the authority to alter or amend the contents of the written report. Further, the independent special counsel and the City Manager shall be available to discuss the contents of the report with City Council at such time as determined by City Council. McBryde: That's agreeable and in fact I had that in another draft and didn't use that one, but that is agreeable Mr. Blackwell. Blackwell: Thank you. And now Mr. Mayor, I'd like to speak further if I may. Dawkins: All right. Go ahead. Blackwell: With your permission. Dawkins: Yes sir. Blackwell: This has been and continues to be a trying time for this City Council, the City itself, our management team and the Police Department. I need to clarify a position that was reported in the press. I've always favored taking a close look in examination of issues that may be problems. I support equal opportunity for everyone and I felt I needed to say that. There's no question that serious issues have been raised. We simply cannot wish these problems away. The citizens of this community look to us not to allow something that may need a serious look to break down government. We have come too far in this City to go backwards. Through our inability as a Council to resolve these issues in a timely manner, I personally believe we've have failed the City. Fayetteville is on the verge of greatness and people invest in our greatness based on their confidence in our ability to manage the affairs of the City. A lot of allegations have gone on. We need to settle this issue to restore the confidence of the public in our ability to govern. It seems we have been talking at each other and not to each other. We have spilt enough blood over this. We as a Council need to accept responsibility for where we are now. Only then can we move forward. I challenge my colleagues tonight to put aside whatever issues have motivated us to act in the way that we have and from this day forward to let us work together, each and every one of us, to find that common ground in order that we might conduct the business of our City in a way that will bring credit to all of us. None of us individually are more important than the whole. Not me, not this Council, not the Manager or the Chief. Concerning Mr. Massey's motion--and I'm not sure he's going to make it tonight Mr. Mayor--but I'd like to speak because it is a continuation item I think that it may be a part of this. Concerning Mr. Massey's motion, I have a lot of respect for Bob Massey. He has the right spirit in his motion and there are parts of it that I agree with in principle, but other parts of Mr. Massey's motion trouble me. Mr. Massey is an honorable man. I've worked well with him and I agree that if something is wrong we do need to fix it. If this motion passes tonight--and I urge my fellow Councilmembers to give this a chance--I am requesting that everyone of us have a self-imposed gag rule until we have a full report. I'm very concerned also that we're getting ready to float a multi-million dollar bond project in this City for PWC. And let me make myself very clear about what bond counsel has advised me. When things are shaky in a City, they get concerned to do business with us. Irregardless of what you're stand is on this issue, the lack of confidence in the people that are in charge may spell disaster for this City. I just wonder if anybody up here has really thought of the long-term effects that this division can cause us when we're getting ready to go into a multi-million dollar bond project that could very seriously affect the bond rating of this City. A change in leadership will cost the taxpayers money. And the final thing that I will say Council and Mayor, TV coverage on five, eleven, six, and seventeen, eastern North Carolina's watching everything we do. I had two calls today and I requested that they not interview me, and the reason was I wasn't about to be on TV again talking about this issue as far as it being on the evening news before this meeting in hopes of reaching some resolution. I ask you a question. Based on if that's the only information you've ever heard about Fayetteville, why in the world would you want to move here. And based on it being the only information you ever heard, why would you want to locate a business here. And that may be the only view that people in eastern North Carolina and all over this state have of us. And I will tell you this, the Legislature is getting ready to convene, sometimes we have to go to Legislature with our hats in our hands, and this is not what we need to have progress for Fayetteville, and I really urge my fellow Councilmembers--even though we don't agree on everything--to please consider this motion. Let's give this a chance. I think it personally accomplishes everything both sides wants, an independent investigation. The people that . . . ________: Review. Blackwell: . . . we could contract with would certainly be people of impeccable character and high integrity and I think that's what we need and I appreciate you letting me speak Mr. Mayor. Dawkins: Thank you Breeden. [APPLAUSE FROM AUDIENCE.] Dawkins: I would like to say that . . . I thinks there's one other point in case you don't know it. We recently had sixteen and a half million dollars in bonds and we're going to pay four point ninety-six for them under five percent and the City credit rating did go from an A to a AA, which will mean a lot to us in a lot of ways. Now is there anyone else who would like to speak, any other councilmember would like to speak? Dempster: Mr. Mayor. Dawkins: Yes Chris. Dempster: I'd like to say something. Dawkins: Yes sir Chris. Dempster: I find it a bit peculiar that a couple weeks ago most of these four Council people just look at this as disgruntled employees, nothing more, nothing less. That was it. No problem. Let's bury it and look away. Now all of a sudden they've come up with their motion. They have their way of getting to the bottom of all things. I don't think people will look at our City as being something that's crumbling or shattering or whatnot, I think people look at our City and City Council is willing to do what's necessary to get to the truth. Whatever that may be, good, bad, or indifferent. Now we have four Council people that are prepared to do the same thing that the five I feel courageous Council people were willing to stick their necks out for two weeks in the paper and be land blasted. [APPLAUSE FROM AUDIENCE.] Dempster: To take what we stood for for two weeks, and the criticism and what we've come under, and now to come up with their own motion to me is outrageous and I will not be supporting Milo McBryde's motion tonight. Thank you Mr. Mayor. [APPLAUSE FROM AUDIENCE.] Dawkins: Thank you. Thank you Chris. Just as an observation. Both motions are, as I see them, are very similar Chris, except that one would more or less have a totally independent person looking. It's the only difference I see. There may be some others. Does anyone . . . Mr. Kendrick. Kendrick: Thank you Mr. Mayor. The motion that Mr. McBryde made and the comments by Mr. Dempster strike me curious. When this originally surfaced unbeknownst to me of any advanced warning for this, my concern came with we have an agency called the EEOC that this investigation has been turned over to. Basically somebody's requested it, has it been a City employee? I'm not sure if it was an employee or staff or whoever. It doesn't make any difference, but it has been turned over to the EEOC. My question comes why must we act so hastily in the efforts of determining something when we've got an agency that does not have a dog in this fight folks. A completely outside agency that's not appointed by the City Council, is not appointed by the City management, but a completely outside agency that's going to take a look at this case, and it's going to review it and they're going to come up with their decision and their recommendations. We're completely out of it. It's not that they're going to debate things with us or with management or City Council, but it's a completely outside agency. To me this is where it needs to go. I've looked this over time and time again, I've talked to fellow councilmembers about it. This, what we're going through now, has been a burden on me and as much as Mr. Dempster may have been . . . have gotten calls from it one way or another, so have I. I think probably every other councilmember here has received calls both pro and con. I will support Mr. McBryde's motion for the fact that we've got to have a city council-manager form of government for the City of Fayetteville. If we start deviating from this, if we start going on our own path, then we have to treat everybody alike and I think everybody in this room agrees that we need to treat everybody fairly and feed everybody with the same spoon. That this could tie up the City Council forever. From one case to another. We need to follow with due process. We talk about that at the court system, the due process. We talk about that and how we issue our contracts and look for bids on . . . everybody gets treated the same. We do not need to be a personnel agency sitting up here to City Council. I'll speak for myself. I don't think the citizens of Fayetteville elected me to be a personnel manager. I would hope that we would support Mr. McBryde's motion and allow an independent agency and follow the city manager-council form of government and see where this takes us, and considering the fact we still have the EEOC doing their investigation. What strikes me sort of odd is what if these two investigations come back with different findings, who do we take a recommendation from then? Do we go out for a third? Thank you Mr. Mayor. Dawkins: Thank you Mr. Kendrick. I want to go to Councilmembers Ross and Cheek. Ross: Mr. Mayor and City Council. Dawkins: Yes. Ross: I believe in God the Father, God the Son, and God the universe. ________: Speak in the mike. ________: We can't hear you. ________: I can't hear you. Dawkins: Microphone. Is it on? Ross: I believe in God the Father, God the Son, God the Holy Ghost. When God puts something in my heart, that's it. I mean that's it all the way, and I received this message from a concerned Methodist. He said then you will know the truth and the truth will set you free. If there is nothing, if everybody is, every item is exonerated and there's nothing in the file to burn, the fire will go on out. So I have to continue to support Mr. Massey's message, motion. Thank you. Dawkins: Thank you Ms. Ross. [APPLAUSE FROM AUDIENCE.] Dawkins: Councilmember Cheek. Cheek: Thank you Mr. Mayor. This has been a very difficult time for all of us who are and have been involved in it and one that is raising a great deal of concern for our City, and certainly Mr. Dempster, all of us have been under a great deal of pressure and I appreciate your feeling, your stating those remarks and the others . . . [END OF TAPE] Cheek: The Equal Employment Opportunity Commission is investigating, as I understand it, the only three complaints that there have been, and all of this has come from three complaints. Certainly that does not mean three complaints are a small number, that doesn't mean they aren't very important, they are being investigated in the way that is appropriate by the federal government. However, since other councilmembers were still very concerned and felt the need for an independent investigation, I respect that and this motion as I interpret it, and as I will vote for it, is an attempt to meet your concerns, my fellow colleagues, in a way that will still respect our city manager form of government and will still be, and may I emphasize, this will be an independent Council investigation, will have no affiliation with anyone as far as any hidden agendas and is a very simple process that's been outlined here. I cannot understand why that doesn't meet the concerns that my fellow colleagues have and cannot enable us to have move forward in a way that is unity rather than very, very serious division. So I really encourage you to think very carefully about this approach and it seems to me to be exactly what has been asked for several weeks and it is here and I'm certainly going to vote for it. Thank you Mayor. Dawkins: Thank you. Is there any other discussion on the motion. Mr. Smith. Jim Smith: Just one quick catch question, Mr. Mayor. Dawkins: Yes sir. Jim Smith: Mr. Cogswell. Oh, you're going somewhere? Cogswell: Go ahead. Dawkins: Mr. Cogswell. Mr. Cogswell, if you'll come to the microphone. Jim Smith: Bob have you had a chance to review both motions? Cogswell: I haven't seen Mr. McBryde's. Jim Smith: Mr. Mayor, can we take a recess and give Bob a chance to look over that, because I have some very specific questions. ________: [inaudible]. Dawkins: Everyone on the . . . We're going to take about a two or three minute recess. Council will stay in the seats and hopefully everyone else will too. Thank you very much. Thank you Jim. Mr. Cogswell, if you'll . . . Torrey: I'm just going to point blank state that I will not support Mr. McBryde's motion. I will not support it. Dawkins: Thank you Mr. Torrey. And we'll give Mr. Cogswell a little bit longer and then we're going back to Mr. Smith. Blackwell: I've got to give Mr. Torrey and Mr. Smith this. Just pass that to Mr. Smith. Pass that to Mr. Torrey. I know he's not [inaudible]. Jim Smith: Opinion violate the council-manager form of government? ________: Yes. Cogswell: Not as long as it's understood that Mr. McBryde's motion where it says you authorize the City Manager to release an independent special counsel, as long as that's in compliance with the privacy act, then it's fine. Jim Smith: So both motions are in compliance with the council-manager form of government, they do not violate that? Cogswell: As I sent Mr. Massey's motion out to you today, yes. Jim Smith: Okay. Thank you Mr. Cogswell. Thank you Mr. Mayor. Dawkins: All right, thank you Mr. Smith. Is there any other discussion on the motion? All right. We will ask, we'll ask for your vote on the motion. Ross: Who motion is it? [SEVERAL COUNCILMEMBERS SAY MILO'S.] Dawkins: And the motion fails by a five to four. Ross, Massey, Dempster, Smith and Torrey in opposition. In favor Cheek, Blackwell, McBryde and Kendrick. So that motion fails by five to four. All right, is there any further discussion on this matter on item three? Mr. Massey? Massey: Mr. Mayor. I want to first of all thank the City Attorney for the very exhaustive work he has done to cross-check the citations, which in effect indicate that absolutely no one on this Council is seeking to circumvent the council-manager form of government. That absolutely no one on this Council wants to see a system of government that has been effective, that has guided the path of this City over the last several years in a very proactive effective manner changed. But there come times that come situations, that come events, which in essence require us to expand our horizons, to prepare for the twenty-first century and get beyond the eighteen hundreds. [APPLAUSE FROM AUDIENCE.] McBryde: Let me pick up my feet. Massey: I would like to reinstate the amended motion that has several cosmetic changes. If you would like, I will read the motion. I think each council person does have a copy of it. If you'd like, I will read the motion so that it will be a part of the record. Dawkins: Oh yes. Yes you will, read it, if you wish to make it . . . Massey: Okay. Thank you. Thank you very much. Be it resolved that the City of Fayetteville, North Carolina, has become the subject of continuing complaints and communications alleging various improper or unlawful employment practices within the Fayetteville Police Department and the Office of the City Manager; and that the nature of the multiple pending alleged personnel related complaints suggest that there could be a hostile work environment and other personnel problems within the Fayetteville Police Department; and that the City Council of the City of Fayetteville is firmly committed to complying with all appropriate constitutional, statutory, and other laws that govern employment relationships with its employees; and that the City Council of the City of Fayetteville is firmly committed to improving the effectiveness of its Police Department and the delivery of law enforcement services to the citizens of Fayetteville, to reducing the serious crime rate in Fayetteville, and promoting and protecting public safety; and that the City Council is committed to rectifying any and all problems . . . Jim Smith: Alleged. Massey: Alleged . . . of any and all alleged problems or abuse in the work place of the Fayetteville Police Department or in the Office of the City Manager in order to promote enhanced law enforcement and public safety for all citizens of the City of Fayetteville; and that the Fayetteville City Council recognizes the critical importance and the value of all of its employees, all of its employees, and the need to have a work place free of hostile and other improper conditions if they exist; and that the Fayetteville City Council recognizes the necessity of a professional investigation to be conducted of the numerous alleged personnel and related problems within the Fayetteville Police Department and within the Fayetteville City Management; and that the Fayetteville City Council recognizes its obligation to eliminate unlawful and improper employment policies and practices if they exist so as to protect the City of Fayetteville; and that the Fayetteville City Council is hereby exercising its constitutional and statutory authority under the First and Fourteenth Amendments to the United States Constitution, under the North Carolina Constitution, under the Fayetteville Charter, City Code, and under the General Statute 160A-80, Chapter 160A, and have the power to investigate the affairs of the City. 160A-, 160A-80; and that in accordance with the law, the Fayetteville City Council shall investigate the personnel affairs of its Police Department and City Manager; that the information and data necessary for this investigation shall be developed and assembled by and through a consultant as hereafter provided and as further provided by agreement with said consultant; and that the City Council shall retain its full investigative and investigator to assist and advise them in connection with the investigation as necessary; and that Chief Tucker . . . Cheek: You skipped a page maybe. Massey: I'm sorry. Hold on a second. Jim Smith: That's the wrong page. Massey: I'm missing page, oh here we go. Investigative and remedial authority under the North Carolina General Statute 160A-80 and otherwise; that the investigation to be conducted is not for criminal law purposes; that all decision-making authority for the purpose of implementing a remedial plan, if necessary, shall remain exclusively with the Fayetteville City Council, to the extent permitted by the law. Now, therefore, be it resolved that the City Council of the City of Fayetteville does hereby order and mandate that a non-criminal inquiry and investigation be conducted into the personnel practices of the Fayetteville Police Department and the Office of the City Manager by the Fayetteville City Council, pursuant to North Carolina General Statute 160A-80, with information regarding employees and former employees to be gathered by the City Council's consultant/investigator to the extent permitted pursuant to the law; North Carolina Generals Statute 160A-80; two, that Retired Chief of Police Melvin Tucker is hereby appointed and authorized to act as a consultant/investigator on behalf of the Fayetteville City Council to conduct an investigation and inquiry as permitted by law into the personnel practices of the Fayetteville Police Department and the office of the Fayetteville City Manager; and that Chief Tucker is authorized to appoint an attorney and whether there has been an actual threat. I'm sorry, back to four now, and whether an investigator to assist and advise them in connecting with the investigation as necessary; and that Chief Tucker and appointed counsel shall conduct an investigation into Fayetteville's personnel practice on behalf of the Fayetteville City Council to the extent permitted by law; and that the City employees are requested to cooperate in this investigation; and that Chief Tucker and counsel shall maintain strict confidentiality of personnel and professional standard matters released to them in accordance with the law and reviewed in connection with their inquiry; that Chief Tucker and counsel shall not publicly discuss or disclose these personnel or professional standards matters, unless authorized by law or the individuals releasing the information; further, that Chief Tucker and counsel shall execute a certification that they will not release information identifying the employees whose files may be reviewed if [inaudible], may be reviewed; and that the City Council finds that this investigation and the release of personnel information to Chief Tucker is essential to maintaining public confidence in the administration of City services and to maintain the level and quality of City services; that the general scope of the inquiry by Chief Tucker shall be to examine whether a) there has been a hostile work environment within the Fayetteville Police Department, b) whether there has been any actual, threatened, or implied retaliation against Fayetteville police officers by the Fayetteville Police Department or the Office of the City Manager, c) whether there have been incidents or attempted suppression of speech or suppression of communication or complaints about alleged problems, d) whether the personnel practices of the Fayetteville Police Department and the Office of the City Manager are and have been consistent with sound professional law enforcement and public administration standards, e) whether management officials of the Fayetteville Police Department have employed any unprofessional or improper tactics or methods in addressing employee communications, alleged improper employment practices, or other matters, and whether there has been disparate treatment among employees, and whether employees have been subjected to any unfair or improper disciplinary actions or treatments, and h) other subsidiary issues or other such issues as discovered by Chief Tucker that he deem necessary for the purpose of this investigation and/or report. Eight, that Chief Tucker shall prepare a report of his inquiry so that the Fayetteville City Council shall have the benefit of its investigation for the purpose of their investigation pursuant to North Carolina General Statute 160A-80; that all matters contained in the report of Chief Tucker shall be privileged to the extent permitted by law. Nine, that the sum of ten thousand dollars be authorized as payment for this investigation and report; that Chief Tucker shall make every attempt to conclude this investigation as soon as possible; that in the event that Chief Tucker is unable to accept this appointment, that Council shall consider appointing another consultant/ investigator who has equivalent professional expertise in investigating and analyzing law enforcement personnel practices. This 27th day of January, 1997. Dawkins: Thank you . . . Massey: Thank you Council and Mr. Mayor. Dawkins: . . . Mr. Massey. Thank you Mr. Massey. Do I have a second? Ross: Second. Dawkins: Ms. Ross. All right, we'll go to discussion of this motion. I have Councilmembers Blackwell, Kendrick wish to speak. Blackwell: Thank you Mr. Mayor. As I understand Mr. Massey's motion that we're talking for a dual investigation or inquiry, I'd rather use the word, of not only the Police Department practices but the City Manager's practices? Massey: In that the letters that were brought to our attention include the names of both individuals, the City Manager, the Assistant City Manager, as well as the Chief of Police. I would suspect that all three need to be dealt with it. Blackwell: Okay, help me with . . . Massey: Investigated or looked out. Blackwell: Okay, help me with . . . [APPLAUSE FROM AUDIENCE.] Dawkins: All right, we appreciate it, but go ahead Mayor Pro Tem. Blackwell: Help me with the letters you're talking about. It's because I'm not clear. Massey: The letters that were provided for us at our meeting from the NAACP. Blackwell: Okay. Massey: In which specific instances were raised. If you will note . . . If you would like, I'll pass you a copy and just bring you, put a copy, this is, this is a, where the names . . . Blackwell: Those were the letters . . . Massey: Exactly. Blackwell: [inaudible]. Massey: Those were the letters that the information came forward and which this disciplinary action was provided. Blackwell: Okay, but you . . . Massey: With copies having gone through the City Manager, through the Assistant City Manager, and approved. Blackwell: Okay, but you're really asking for a dual investigation. Massey: I'm asking for a thorough investigation. Blackwell: Okay. When we first opened up the possibility of personnel's files being reviewed by the Council, which I said I would not be a party to, and to my knowledge no one on this Council has reviewed the files except for the press, and that seemed to be an opportunity for us to do what the majority of Council wanted to do and to my knowledge Mr. Cogswell, has anyone reviewed the files? Cogswell: We had one scheduled, but due to a conflict could not make it. Blackwell: Okay, so no one reviewed the files that this Council asked by majority vote to look at and that concerns me a little bit; and then I said and I'll say again--because I'm pretty sure where this is going--that if you get into personnel files, this is probably one of the most dangerous territories in my opinion a nonprofessional can be in, and when you get into dealing with personnel issues that you aren't trained to do, and you aren't trained to deal in, I think you're getting in dangerous territory. Ross: Mr. Mayor. Blackwell: I guess the main concern I have is where does that put me as a councilmember as far as future litigation is concerned? Is it going to be a situation that we're gonna all be involved in another expensive lawsuit. I refer to your, I refer Council to Mr. Cogswell's opinion which is written in his January 24 memo to us on page three at the bottom and he says I have another concern. Any of the nonprivileged portions of the consultant's report, not protected by the law from public release, which would necessarily include findings of fact that are nonprivileged, would be admissible in a court of law in any subsequent litigation. The attorneys representing a litigant against the City could seek disclosure of the privileged portions and the courts have authority to release that to the attorneys. This has happened in a case in which the City was involved and it was to our detriment. Those are my main concerns. Ross: Mr. Mayor, could I . . . Dawkins: All right. We have Mr. Kendrick, Ms. Ross, and Mr. McBryde. Mr. Kendrick. Kendrick: City Attorney please. Mr. Cogswell, prior to Mr. Massey making the motion, he stated that you reviewed his motion and found and certified it. Cogswell: It was faxed out to everyone this afternoon around . . . Kendrick: Okay, that's not my question. Well my question comes reinstated that you certified there's no conflict of interest on the Council? Cogswell: I didn't say that. Mr. Massey alluded to that. But that's okay. Massey: Excuse me, if you'd liked to know what I alluded to was that this was not a conflict to the council-manager form of government. Kendrick: Okay. Thank you for making yourself clear later on. The next question I have is with this one, is don't, what if a City employee, what realm of employees, this doesn't say Police Department, doesn't say City management, it says City employees, so that could be the entire City employees of Fayetteville? Cogswell: Yes sir. Kendrick: Could be investigated? Is that what we're saying? Cogswell: The way the motion is written, it's on page . . . Jim Smith: Three. Cogswell: Four--I wonder if I could get that screen down--it's paragraph four on page four. Now I'm referring to the one that was the most recent. I have copies of the one I faxed out if you don't have one, because I think everybody needs to be singing off the same sheet here. You can't get it down? ________: That's all right. Cogswell: It reads Chief Tucker and appointed counsel shall conduct an investigation of the Fayetteville personnel practices on behalf of the Fayetteville City Council to the extent permitted by law and that all City employees are requested. Now the version I sent out said but not required to cooperate in this investigation. Mr. Massey's, if I understood what he said, that all City employees are requested to cooperate. If they don't want to come in and speak, they don't have to. However, under 160A-80, you have the authority to issue subpoenas and if they refuse to testify after you've issued a subpoena, then your recourse is to go to the general court of justice and get an order and of course the court would have to find a compelling reason to make that employee testify. Otherwise, it's strictly voluntary. Kendrick: Okay, so for clarification with that, did the . . . So basically they have to testify. They're going to testify one way or the other either by court order . . . Cogswell: Or if a court would order them, after you issued, you, not Chief Tucker, you, the Council, on a majority vote. Kendrick: A majority of five. Cogswell: Yes. Would have to issue subpoenas and then they have them come in and if they would not testify, then you'd have to go to the court of justice to get an order compelling them to testify. Kendrick: So with this motion they could look at all the personnel files? Cogswell: No. Massey: Thank you. Kendrick: Okay, who can they look at? Cogswell: They can look at any files that the manager deems, under that language in the statute, essential to maintaining the public confidence in the administration of City services. Kendrick: What if the manager deems and they don't? Or vice versa? Cogswell: The manager is the last decision. Kendrick: But what if this committee that's being formed to investigate . . . Cogswell: They don't have that authority. The release of the personnel files begins and ends with the manager. Kendrick: So necessarily he wouldn't have to release any of the personnel files. Cogswell: Not unless he deems it essential to maintain public confidence in the administration of the City, and then he comes to you and with your concurrence it's released. It starts with him. Kendrick: With our concurrence it's released . . . Cogswell: Yes. Kendrick: . . . and that is with the majority of five? Cogswell: Yes. But only if he deems it's necessary to start with. Kendrick: So if this committee here wants to have, to look at files and the City Manager says that's not pertinent, what happens then? Cogswell: He says it's not . . . if it's his opinion it's not essential to public confidence in administration of City services, it ends there, the way the statute reads. Kendrick: Does the Council have any recourse at that point? Cogswell: If . . . I don't know any other way to say it but another manager. Kendrick: All right, let me ask you another question. In the motion are we now investigating three people? Cogswell: I don't know. Kendrick: Is the City Manager, the Chief of Police, and the Assistant City Manager? Jim Smith: The motion doesn't say that. McBryde: Does that mean the deputy or the assistant? I want to know which one we're talking about. Kendrick: Does that mean the deputy or assistant? Massey: The motion speaks for itself. Kendrick: No it doesn't Mr. Massey. Massey: Yes it does. Kendrick: You made a motion . . . Massey: The motion asked that an investigator investigate the personnel practices, whomever is either directly or indirectly involved in that process would in fact be investigated. Now it might be ten people, it might be one, it might be a hundred, but until we get one in here we won't know. So I really wish I could give you a definitive answer right now, but I really can't. Kendrick: Mr. Massey. Massey: But at this particular point and time as we look at the personnel issues . . . Kendrick: Mr. Massey may I have the floor, if I could please. Dawkins: Yes. Massey: Oh, go ahead sir. Kendrick: Thank you. When you closed your motion, you stated that the City Manager, the City Attorney, and the Assistant City Manager. I'm going by your statement. You were reading this to us. Now you made that statement Mr. Massey. Massey: Excuse me. I was asked a question about a letter and that letter was not a part of the motion. Thank you Councilman Kendrick. [APPLAUSE FROM AUDIENCE.] Kendrick: Mr. Mayor. I hope that somewhere before all the buttons are pressed, that some councilmembers will see what's taking place and for the sanctity of our City and for the future of our City will somehow find a way in themselves of voting no for this motion. Thank you Mr. Mayor. [APPLAUSE FROM AUDIENCE.] Dawkins: Thank you. We have Councilmembers Ross, McBryde, Cheek and Torrey. In that order, Ms. Ross. Ross: Mr. Mayor. I called and spoke with the Institute of Government Friday I believe it was, and I was told that the three police officers could let anyone see their files. It's their files and they could see them. He told me you had called him also at the Institute of . . . Cogswell: That was stated to you the very first time this came up. Ross: Right. I was told by . . . Dawkins: That's correct. The officers can . . . Ross: Yes. Dawkins: . . . with their approval, release the personnel files. Ross: Yes. Yes. Dawkins: All right. Okay. Thank you Ms. Ross. Mr. McBryde. McBryde: Mr. Mayor, along that line I made that motion a couple of weeks ago to ask those folks to release their files if they wanted to be seen. Mr. Mayor, I don't really think that this whole situation is about NAACP's allegations. I think on the part of some councilmembers it is. I think on the part of others it's a matter of a fellow who wants to be a district attorney. It is not like . . . [APPLAUSE FROM AUDIENCE.] McBryde: It is not like I . . . Ross: That's kind of pitiful. McBryde: It is not like the Police Chief who does not evidently like the City Manager and who would like to see an organization who has been totally against the City of Fayetteville and progress in this town--I'm talking about the Police Benevolent Association--come in here and try to tell the City of Fayetteville how to run their City. I certainly hope everybody sitting here tonight watching this, the people on TV watching this tonight, the people who are going to read it in the paper tomorrow, remember in November the people who did this to you. [APPLAUSE FROM AUDIENCE.] ________: [inaudible]. Ross: You don't have to worry about that. Dawkins: Thank you. Thank you Mr. McBryde. We're going to Councilmembers Cheek, Torrey, and Dempster. Cheek: Mr. Mayor, I'd like to inquire as to who Chief Tucker is? Dawkins: I have no idea. [APPLAUSE FROM AUDIENCE.] Dawkins: Maybe Mr. Massey has some information. If it's . . . Do you have something Mr. Massey? Massey: Yes I do. Dawkins: Okay. Possibly while we're . . . Massey: I'm ready. Dawkins: Or would you like to speak or, well, or Councilmember Cheek, would you want to see that? Cheek: Yes and I . . . Massey: Would you like for it to be in the record? Cheek: Yes. Massey: Okay, thank you. This is reference Melvin L. Tucker, Criminal Justice and Security Consultant. Summary: During his twenty-five year career as agent with the Federal Bureau of Investigation and Chief of Police in four cities and three states, Chief Tucker combined criminal justice teaching, training, and consulting with his primary work as a law enforcement administrator. As an adjunct faculty member at Florida State University, Florida A&M University, and Western Carolina University, Chief Tucker taught courses in criminal prevention, criminal investigation, police patrol, police personnel administration, over twenty papers and articles he has written have been published in original justice professional journals. Serving as a regular instructor for the Florida Center for Advanced Law Enforcement Studies and the Florida Criminal Justice Institute, Chief Tucker trained police officers in the discipline process, vehicle pursuit, civil rights issues, internal investigation, use of force, personnel issues, high-risk operation, crime prevention. In addition to training police officers at various police academies across the country, in 1993 Police Tucker was invited by the Minister of Justice of Iceland to train Icelandic police officers on drug investigations, interdiction, and prevention strategies and general crime prevention techniques. Chief Tucker served as Vice Chairman of the Florida Police Standards and Training Commission for three years, Chairman of the North Carolina Standards and Training Commission for three years. I may go on it if you like. Dawkins: All right, I think that's sufficient unless . . . [APPLAUSE FROM AUDIENCE.] Dawkins: . . . Councilmember Cheek . . . Massey: There still are twelve to fifteen [inaudible] . . . Dawkins: Let's listen to Mr. Massey. Massey: . . . about twelve pages . . . Dawkins: All right. Massey: . . . that would continue this process. Cheek: Thank you. Dawkins: Thank you Mr. Massey. Cheek: Mr. Massey, I regret very much that that was not shared with any of the councilmembers if we want to get into talking about relationships. This information, if we're being asked to look at someone who will be looking into the very heart of the City's files, this is something that certainly should have been provided to the public beforehand. I'd like to know if this Mr. Tucker has any relationships with the Police Benevolent Association, if he has been involved in expert testimony for them, if he has been involved in any lawsuits in this County where he's had to or been prepared to render an opinion about the Fayetteville Police Department already. [APPLAUSE FROM AUDIENCE.] Dawkins: Thank you. All right. Massey: [inaudible]. Cheek: Yes I am. Dawkins: Okay. Massey: In that I don't know the man personally, in that I have not made any direct contact with the individual personally, I am not able to give you a definitive answer at this particular point and time. If you would like, I can probably ask Mr. Smith to find out the answer to your question and get back to you. McBryde: Is that Jim Smith or John? Cheek: Which Mr. Smith did you have in mind Mr. Massey? Smith: City Manager John Smith. That was recognizing the dynamics of a manager-council form of government. I'm sorry, council-manager form of government. McBryde: Do you trust him to do that? Cheek: Thank you Mr. Massey. I am astounded that someone specifically would be recommended and endorsed who has not been thoroughly checked out by the people who apparently are going to vote for this person as the person to do it and this I do not understand. I do not understand how this Council, anyone on this Council, can vote for someone that we don't know anything about to appoint an attorney without even knowing what attorney that's going to be or what capabilities that attorney is going to have. This I do not understand how the Council can do that without saying, knowing who it is you're going to hire. [APPLAUSE FROM AUDIENCE.] Ross: When I got operated on, I didn't know who the doctor was. Dawkins: I think Mr. . . . Cheek: Thank you. Dawkins: . . . Cogswell wanted to respond to your question Councilmember Cheek. Cheek: All right. Dawkins: Mr. Cogswell, did you want to . . . She had a question there I think. Cogswell: I am aware that Chief Tucker was listed as an expert for the plaintiff in the case of Brewington versus the Cumberland County Sheriff to testify about practices in both the Sheriff's Department and the Police Department. Cheek: And the Police Department. Thank you. ________: Is that PBA? Cheek: Is that the PBA? Massey: Is that PBA? Dawkins: Repeat that Mr. Cogswell. Cogswell: Randy Brewington . . . Dawkins: Mr. McGuinness. Massey: So that is PBA? ________: Yes. Cogswell: I can't answer that one. I know he was . . . Massey: The bottom line, I don't know what PBA is. So if you could help me to tell me what PBA is. Blackwell: Mr. Mayor, I think. Mr. Mayor if I could request Mr. Cogswell. Dawkins: All right, Mr. Cogswell if you'll come back. Blackwell: There's some talking on my left that they didn't understand what you said. So everybody's clear on what's going on, if I could just ask you please, not for my benefit, but . . . Cogswell: In response to Dr. Cheek's question, I have seen some discovery pleadings in the case of Brewington versus I think it was Sheriff Bedsole where Chief Tucker was listed as an expert on behalf of the plaintiff in that case. Dempster: Mr. Cogswell? Dawkins: All right. Go ahead if it's about this Chris. Dempster: Now this case you're reciting, was this individual here part of a witness? Cogswell: He was going to be an expert witness for the plaintiff. Dempster: For the plaintiff. Cogswell: In that case. Dempster: And this case again was what? Cogswell: Against the Sheriff, but it involved allegations about our own Police Department. Dempster: So these were allegations about the Police Department? Cogswell: Yes, the Fayetteville Police Department. Dempster: Did . . . Because this has a lot to do with why we want the investigation. Was that lawsuit favorable for the City or County or did it go against? Cogswell: The City was not a party to the suit but there were issues in it about the City. Dempster: So the City had no involvement with the Brewington case? Cogswell: No sir. But as my understanding he was going to . . . Mr. Van Hoy may be able to elaborate a little more than I, but he was going to testify about practices in the Fayetteville Police Department on behalf of the plaintiff in that case. Dempster: So that case had nothing to do with the Fayetteville Police Department but it had something to do with . . . I mean you're saying things . . . Cogswell: The lawsuit arose out of some statements made by a Sheriff's Department employee about what he considered problems in the Fayetteville Police Department, I'm summarizing. And then he was subsequently terminated by the Sheriff and the lawsuit arose over that termination. Dempster: So did the lawsuit go for us or for them? I mean did we win or lose? Cogswell: We were not party to the suit. Dempster: Did the County win or lose? Cogswell: It was settled. Dempster: Settled? Cogswell: Yes. Dempster: For how much money, do you remember? Cogswell: Somewhere in the neighborhood of $253,000.00 I think. Dempster: So the County had to pay that? McBryde: Against advice of Council. Cogswell: Well, that's what the paper said. The paper said it was against the advice of Council as I recall. Dempster: Okay. So we, the County lost that money in that case? Cogswell: It was settled. Dempster: I guess what I'm getting at, if this guy as renowned as apparently he is, I mean is it unusual for this person to be called or on some kind of legal form, whatever you're saying, I mean did he come down and testify against us? Cogswell: I don't know if he ever testified or not. Since it was settled, he never . . . Dempster: But you're making claims as if he . . . Cogswell: No, I was . . . She asked if he's ever been a witness for in a lawsuit in this County and I said he was listed as a witness. Dempster: So he was listed as a witness? Cogswell: Expert witness, yes. Dempster: But did he, was he? Did he come down and did he testify . . . Cogswell: The case was settled so he never testified. Dempster: Okay, so he never did . . . Cogswell: I don't know. They took his deposition, I don't know. Cheek: Mr. Mayor. Mr. Mayor, I believe I had the floor. Dempster: I'll go back and get [inaudible]. Dawkins: All right, we'll go back . . . Go ahead Councilmember Cheek. Cheek: Thank you. The . . . Dawkins: Thank you Mr. Cogswell. Cheek: . . . person had looked into the files and/or whatever he had done, and was well prepared to talk about the practices and procedures of the Fayetteville Police Department, which indicates to me that he certainly has been prior involved and has some sort of prior opinion. I thought we were looking for someone who was neutral and who was going to come in with no prior knowledge and no prior perceived so this isn't one way or the other. [APPLAUSE FROM AUDIENCE.] Cheek: And further more, I am very concerned about this Council allowing someone to hire an attorney which we have no idea what kind of attorney or who that attorney would be; and I think that in a circumstance of this sensitivity, for the councilmembers not to review in detail the credentials of the investigator, and if the investigator is not an attorney, not to review and approve by name and show the credentials of that attorney before that attorney is retained is not an example of good leadership for our City and our community at a sensitive time. [APPLAUSE FROM AUDIENCE.] Dawkins: Is that all? Cheek: Yes. Dawkins: Thank you very much. Now we're going in this order. Let's stick with . . . Mr. Torrey, Mr. Dempster, Mr. Blackwell, in that order. Mr. Torrey. Torrey: Mr. Mayor and members of the Council, I have always stood for fairness and equity in government. Surely enough of all of the allegations that have been alleged are true, I presume, and that consultants are very easy found. I found . . . I was in a workshop out in San Antonio less than two months ago and we had some very find consultants out there. Some of the best in the United States of America. We don't have to have Chief Tucker. But let us point out on page three, item three, that Chief Tucker is authorized to appoint an attorney and an investigator to insist and advise them in connection with the investigation as necessary. It doesn't have to Chief Tucker. There are many good consultants. You got them up in Chapel Hill, good consultants. Cheek: That's right. Torrey: We are talking about fairness and justice in this City, and we talk like if we find that there is fairness and equity, unfairness, that the City will fly away. The City's going to be here. [APPLAUSE FROM AUDIENCE.] Torrey: The City of Fayetteville is going to be here. Dawkins: Thank you Mr. . . . Torrey: I support the motion. Dawkins: All right. Thank you. Thank you Mr. Torrey. Councilmembers Dempster and Blackwell. Dempster: Thank you Mr. Mayor. I just wanted to go back to an issue that was discussed just a little while ago . . . Cheek: Speak into the mike please. Dempster: . . . which really and truly brings us back to where we're at right . . . Dawkins: Is your mike on Chris? Dempster: Yes its on. But earlier there was some discussion about how dangerous it is to get into personnel files and how unbelievably detrimental that can be and the problem I have with that is a few meetings ago a motion was attempted or was made where if permission from these three police officers was not obtained, well we would make them public anyway. So I'm having a hard time now that there's such a big concern about the personnel files now, when this Council was prepared to vote, which brought us to the issue that we're at right now, to make these files public to everybody at-large. So I just . . . That didn't really sound good to me and I just wanted to bring that up and thank you. Dawkins: Thank you Chris. All right. Mayor Pro Tem Blackwell and then Mr. Massey and it looks like we'll start on the second [inaudible]. Go ahead Breeden. Blackwell: Thank you Mr. Mayor. I want to offer a motion and it's a hastily constructed motion. Dawkins: All right, we have a motion on the floor so the chair will allow a substitute motion. Blackwell: Thank you. I move that the Fayetteville City Council instruct the City Manager to request that the parties of the Fayetteville Branch of the NAACP meet with members of management and the administration of the Fayetteville Police Department to attempt to fully disclose their concerns and to hear responses in an attempt to mediate these issues without any additional expense to the City. McBryde: Second. Blackwell: Now that I have a second, I'd just like to speak to that. Dawkins: All right, go ahead. Blackwell: As I sit here and listen tonight, and it's a very emotionally charged issue, all these issues are, and I don't think that any councilmember has taken their position lightly, and whether we disagree or--and we evidently are tonight--I really hope that we haven't drawn the line in the sand to the point that there's no room for cooler heads to prevail. As I see this thing, after hearing all this going back and forth or talking at each other as I said earlier, to me I see mediation as the only hope. That doesn't mean that I'm requesting that we stack the deck, but you remember the first night this came up, those of you that were here, I mean on Council, I said it doesn't make any sense to me, and I'll say it again, why mature adults can't go into a room, you bring all your stuff, you bring all your stuff, let's sit down and try to go through all our stuff and find out where do we agree, where do we disagree, what are the issues and have a legitimate response to that. And so tonight, after listening, I would hope that we could just stand back from the fight a little bit and even though some of you might say we've already tried that, I know there were a lot of advanced meetings before we got to this point, but I guess I'm holding out one last hope before we get into what I consider additional expense and possible litigation that we can't come together, all of us in my opinion just back off and see if this process will work. That's all I'm asking you to do. Dawkins: Thank you very much. Now, we have a substitute motion on the floor. We have Councilmembers Cheek, McBryde, and Kendrick . . . Massey: Mr. Mayor. Dawkins: . . . that want . . . Mr. Massey, you're right, you will be first, and then Cheek, McBryde. McBryde: [inaudible] motion. Dawkins: But this . . . Of course we will have to address this discussion to the substitute motion. Go ahead Bob. Massey: May I speak to the substitute motion? Dawkins: Yes sir. Massey: Within the context of speaking to the substitute motion, I must refer to the original motion if you don't mind? Dawkins: All right. Massey: There have been several issues that were raised by various council persons reference the Mr. Tucker, and I think this is what led you, or it's a part of what led you to your substitute motion. Well, okay, the bottom line is this. Blackwell: Mr. Tucker wasn't my concern. Massey: All right. Fine. Blackwell: [inaudible] and I wrote . . . Massey: Okay. Fine. Blackwell: . . . this a few minutes ago. Massey: Okay. Fine. Fine. Okay. The bottom line was I had made it quite clear that Mr. Tucker was much more than simply a person, it's a position. If that position is found to be not, or found not to be, unbiased, I have absolutely, nor have I ever, had any problems with finding someone that is unbiased who doesn't know a thing about that. But now getting to specifically to address the substitute motion, been there, done that. [APPLAUSE FROM AUDIENCE.] Blackwell: Mr. Mayor. I don't know any other way to do it except . . . Massey: I understand. I understand and I appreciate and I respect your motion, but the fact of the matter is that the NAACP has said on several occasions what they have been, where they have sought to get this problem resolved before it ever got to public. And I pray and wished that it had been resolved, because I don't particularly like sitting up here going through what I going through while at the very same time I refuse to let people confuse the issue of council-management with the rights of three black police officers . . . [APPLAUSE FROM AUDIENCE.] Massey: . . . who dare express themself. Dawkins: We appreciate . . . We appreciate you being here. We appreciate everyone being here. From here on I would appreciate no clapping and if we have . . . [END OF TAPE] Dawkins: Officers, if you will, stand by if there is a problem. I will be giving directions. I hope that everyone can appreciate everyone's position and show them the respect to make sure councilmembers get to discuss this fully. I really do appreciate everyone being here, but the chair will run this meeting the way the chair sees fit and being fair to all. So please let's move along for everyone's sake quite frankly. We're going . . . Blackwell: Can I just . . . Dawkins: Yes, quickly. And . . . Blackwell: I will make it very quickly. Mr. Massey, Bob, is there any possible way that we could withhold any action tonight, and I'm addressing this to you because it is your motion . . . Massey: No it's your motion. Blackwell: No, I'm sorry, not this motion, but the motion that was on the floor previously to my amendment. Is there anyway that we could withhold any action tonight, and it seems to me that you and I could sit down and talk, because we've not been able to do that for whatever reasons, and I'm not saying I'm leading the other side, I'm saying that I will attempt to sit with you, let's list where we're together, let's list where we're apart, and let's try to pull some consensus without us having some division headed to what I think's a collision course. That's all I'm asking you to do. I won't involve anybody else if you aren't comfortable with anybody else, and I'd prefer if that's at all possible that you and I do that. And then we come back to the Council and we say we can't meet, we can't do it, we don't agree, and I'm talking about maybe, and all this is coming off the top of my head because I don't know. I'm attempting to do something that maybe we pull Mr. McBryde's motion together, your motion together, see what's in common, see how far we're apart, and then let's just hopefully come to some agreement, and we can agree to disagree. Now I'm willing to do that if you're willing to do that. Massey: Mr. Mayor, may I . . . Dawkins: Go ahead Mr. Massey. If you . . . No, please sir, sit . . . You go ahead. If you want to respond to that, then I'm going to Councilmember Cheek. Massey: Mr. Mayor. Dawkins: Okay. Audience: [inaudible]. Dawkins: No sir, we appreciate you being here. We're not allowed by Council policy to hear. Thank you very much sir. Let's go to Mr. Massey. Audience: [inaudible]. Dawkins: Sir, we thank you for being here. Mr. Massey. Massey: Mayor Pro Tem Blackwell, you and I share a very special bond in that we came on this Council together. You and I share a very special bond; and those other council persons who in fact came on at the very same time, I hear Milo talking about Aaron Johnson and what they meant to each other, because when you come in together, you have this very special bond that's never spoken and never talked about or whatever. Very rarely have I have run into instances or cases in which the areas of . . . Let me back up for a second. Everybody talks about rumors, but I'm going to go a step further, I'm going to go beyond rumors. Several, several, many months ago, one of our fine young men in uniform saw me, as I was shopping at Winn Dixie on Pamalee, and informed me that there were problems that he was having to negotiate. Was there anything that I could personally recommend. My recommendation to that young man was to go through the existing proper procedures to seek redress and attention to those problems. That was my recommendation. At the very same time, I also went to a particular [inaudible], here again leave unnamed, police officer, and of course if you force me I shall be glad to tell you who it was, and told him of the problem and asked him to pass it to wherever it needed to go and to handle it. Now it's been handled. It's been handled step by step by step until it finally came back to this desk here. Now all due respect to everybody concerned, I wish that this had never gotten to this Council . . . Dempster: Isn't that the truth. Massey: . . . but the bottom line is it did. I wish when there was room and time to sit down and negotiate and work out and put this thing behind us, that it could have been done at any one of five different levels, five different meetings, but it wasn't. Jim Smith: That's right. Massey: There are people who are citizens and here again, understand me, I respect the rights of John Smith, Bob Cogswell, Roger Stancil, Ron Hansen, as much as I do the rights of those three black officers. This is not a question of black or white. This is not a question of race. This is a question of sound, constructive, positive, proactive management. If we have those things in place, then fine. It's quite obvious to me as a layman observer that something needs to be looked at by somebody who doesn't have a dog in the fight. Ross: That's right. Massey: If Chief Tucker doesn't . . . If Chief Tucker is found to have a dog in this fight, ax Chief Tucker. As you are aware, my initial, my initial motion had two names. I was made aware that somebody had a very [inaudible]. This person did in fact vote for an agency which has had problems and I had no problem with dropping that name and moving along. The very same thing holds true if we find the same case to be true with Melvin Tucker, but at the very same time we need to bring resolution to this problem so that the City can move on. Ross: That's right. Blackwell: Will you be willing to delay action and be getting back to my original question, for you and I, irregardless of the other issues you just talked about, for you and I to sit down and attempt to come to some understanding of where we go from here. That's all I'm asking. Massey: Mr. Cogswell, is there any precedent for this in the statutes? Blackwell: A good sense, common sense is the precedent all I need. Dawkins: I think if he wants to respond, fine, then I think we're going to move on. Other people want to speak. Massey: I understand. Dawkins: You can certainly give a response in your vote. Cogswell: There's nothing illegal about what he has proposed. Dawkins: All right. Okay. Massey: The question is am I willing to sit down and talk? Blackwell: Are you willing for you and I to sit down and talk about how far we are apart on the two motions? Mr. McBryde's motion and your motion and then go from there. Because in all honesty you and I both know that because of everything that's happened in the last ten days, no one in my opinion has really communicated as well as we could. But what I'm saying is we know the Council is divided; to be honest with you, you've got five votes, I've got four votes. There's no other way to say it. And I'm not even sure the other three would agree with what I would come back with. I'm saying that you seem to be the leader over there and I'm okay with that, but I'm willing to say to you that if there's some way that two colleagues, who came on this Council together, who I think and I know have mutual respect for each other, can't just take a little time, cool off, delay action and talk. That's all I'm asking to do--to try it. I don't know what else I can ask, because you're probably, everybody's probably defeat the motion anyway. I would hope I get five votes for the motion, which would really help the situation, but I don't think that's going to happen so I'm asking another way to do it. Dawkins: Let me just remind, that's the NAACP, the Manager's office, and the Fayetteville Police Department sit down basically and see what can be done as a substitute motion. All right, Mr. Massey did you want to say anything else before we move on to the other councilmembers. Massey: I guess my only question, was that a substitute to the substitute? Dawkins: No sir. Massey: And no, not being funny, not being funny. Dawkins: No sir, I know. Massey: And I appreciate the spirit of your inquiry. I honestly do. And here again, Mayor Pro Tem Blackwell, I do appreciate the spirit of your inquiry and if holding this off, talking about it . . . I'm going to say this to you and everybody up on this Council, we discussed this. We discussed the issues and concerns up one side, down the other, with a variety of members on this Council. If continuing to discuss it would resolve it, I would go ahead. We both have plans that can resolve this. We all, this is requested, it's an independent investigation to look at basic personnel practices. Dawkins: All right. Massey: This is not anybody's job. Dawkins: I really think we've . . . Massey: Okay, fine. Dawkins: Of course you can act with the motion or however Bob, thank you. We're going next to Cheek, McBryde, Kendrick, and Ross. Cheek: Thank you Mr. Mayor. My comments were to the main motion and so I have nothing to say. Dawkins: Okay. Cheek: But I would like to, well, okay. Thank you. Dawkins: Thank you. All right, and we are discussing the substitute. McBryde, Kendrick, and Ross. McBryde: Mr. Mayor, it's been so long since I mashed the button, I'm not sure, but I would say I think the place for this to go is back to the manager and to the NAACP and let them discuss it further so I would support the motion. Dawkins: Okay, Mr. Kendrick. Kendrick: I pass. Dawkins: Ms. Ross. Ross: Mr. Massey. I say go and let's go get it over with, that's what I feel. Dawkins: All right. Thank you Ms. Ross. Okay. Basically the motion was that the NAACP, the City Manager's office, and the Fayetteville Police Department sit down and see basically if there's some things that can be worked out or the concerns of everybody's party. I think it was presented everybody bring what they can to the table. So this is a substitute motion. I'll ask for your vote. Okay, that vote is five to four. In opposition Ross, Massey, Dempster, Smith and Torrey. In favor Cheek, Blackwell, McBryde, and Kendrick. We go back to the original motion which Mr. Massey, of course, made. Now we have Councilmembers Cheek and Kendrick, now this is speaking on the, well actually it was a second original motion, Mr. McBryde's motion was defeated. Go ahead. Cheek: All right. Thank you. Mr. Massey, I appreciate your willingness with respect to as you did with the other person that was mentioned in the motion last week. I wonder if it would be possible for you to amend this motion since it would seem to me that if we pass it with specific names and give these people responsibilities and latitude for hiring other people without it coming back to the Council. If you could amend it now to the more general language of an impartial acknowledged expert in personnel, civil rights, and police procedures, and that that person's credentials and the credentials of anyone that person would recommend hiring be brought back to the Council for approval. Massey: I will take that as a friendly amendment and thank you so very much. THE FOLLOWING IS THE MOTION WITH THE FRIENDLY AMENDMENT: THE CITY OF FAYETTEVILLE, NORTH CAROLINA ************************************************* MOTION AND RESOLUTION MANDATING INVESTIGATION INTO THE PERSONNEL PRACTICES OF THE FAYETTEVILLE POLICE DEPARTMENT AND FAYETTEVILLE CITY MANAGEMENT ************************************************* Be it resolved: That the City of Fayetteville, North Carolina, has become the subject of continuing complaints and communications alleging various improper or unlawful employment practices within the Fayetteville Police Department and the Office of the Fayetteville City Manager; and That the nature of the multiple pending alleged personnel related complaints suggest that there could be a hostile work environment and other personnel problems within the Fayetteville Police Department; and That the City Council of the City of Fayetteville is firmly committed to complying with all appropriate constitutional, statutory and other laws that govern employment relationships with its employees; and That the City Council of the City of Fayetteville is firmly committed to improving the effectiveness of its Police Department and the delivery of law enforcement services to the citizens of Fayetteville, to reducing the serious crime rate in Fayetteville and promotigg and protecting public safety; and That the City Council is committed to rectifying any and all alleged problems or abuses in the workplace of the Fayetteville Police Department or in the Office of the City Manager in order to promote enhanced law enforcement and public aefety for all citizens of the City of Fayetteville; and That the Fayetteville City Council recognizes the critical importance and value of all of its employees and the need to have a workplace free of hostile and other improper conditions if they exist; and That the Fayetteville City Council recognizes the necessity of of a professional investigation to be conducted of the numerous alleged personnel and related problems within the Fayetteville Police Department and within Fayetteville City Management; and That the Fayetteville City Council recognizes its obligations to eliminate unlawful and improper employment policies and practices if they exist so as to protect the City of Fayetteville; and That the Fayetteville City Council is hereby exercising its constitutional and statutory authority under the First and Fourteenth Amendments to the United States Constitution, under the North Carolina Constitution, under the Fayetteville Charter and City Code, under N.C. General Statutes 160A, and other applicable laws; among other things, these laws provide that the City "council shall have power to investigate the affairs of the city . . . " 160A-80; and That in accordance with law, the Fayetteville City Council shall investigate the personnel affairs of its Police Department and City Manager; that the information and data neceseary for this investigation shall be developed and assembled by and through a consultant as hereafter provided and as further provided by agreement with said consultant; and that the City Council shall retain its full investigative and remedial authority under N.C. General Statute 160A-80 and otherwise; and That the investigation to be conducted is not for criminal law purposes; and That all decision-making authority for purposes of implementing a remedial plan, if necessary, shall remain exclusively with the Fayetteville City Council to the extent permitted by law. NOW, THEREFORE, be it resolved that the City Council of the City of Fayetteville does hereby order and mandate: 1) That a non-criminal inquiry and investigation be conducted into the personnel practices of the Fayetteville Police Department and the Office of the City Manager by the Fayetteville City Council pursuant to N.C.G.S. 160A-80, with information regarding employees and former employees to be gathered by the City Council's consultant/investigator to the extent permitted pursuant to law; and 2) That the City Council will appoint and authorize a consultant/investigator for and on behalf of the Fayetteville City Council to conduct an investigation and inquiry as permitted by law in the personne1 practices of the Fayetteville Police Department and the Office of the Fayetteville City Manager; and 3) That the investigator is authorized to appoint an attorney and investigator to assist and advise them in connection with the investigation as necessary; and 4) That the investigator and appointed counsel ehall conduct an investigation into Fayetteville personnel practices on behalf of the Fayetteville City Council to the extent permitted by law; and that all City employees are requested to cooperate in this investigation; and 5) That the investigator and counsel shall maintain strict confidentiality of personnel and professional standards matters released to them in accordance with law and reviewed in connection with their inquiry; that the investigator and counsel shall not publicly discuss or disclose these personnel or professional standards matters, unless authorized by law or the individual(s) releasing the information; further, that the investigator and counsel shall execute a certification that he will not release information identifying the employees whose files may be reviewed; and 6) That the City Council finds that this investigation and the release of personnel information to the investigator is essential to maintaining public confidence in the administration of City services and to maintain the level and quality of City services; 7) That the general scope of inquiry by the investigator shall be to examine to the extent permitted by law whether: a) There has been or is a hostile working environment within the Fayetteville Police Department, b) Whether there has been any actual, threatened or implied retaliation against Fayetteville police officers by the Fayetteville Police Department or the office of the City Manager, c) Wether there have been incidents of attempted suppression of speech or suppression cf communications or complaints about alleged problems, d) Whether the personnel practices of the Fayetteville Police Department and the office of the City Manager are and have been consistent with sound professional law enforcement and public administration standards. e) Whether management officials of the Fayetteville Police Department have employed any unprofessional or improper tactics or methods in addressing employee communications, alleged improper employment practices or other matters, and f) Whether there has been disparate treatment among employees, and g) Whether employees have been subjected to any unfair or improper disciplinary action or treatment, and h) Other subsidiary issues or other such issues as discovered by the investigator that he deems necessary for purposes of his investigation and/or report. 8) That the investigator shall prepare a report of his inquiry, so that the Fayetteville City Council shall have the benefit of its investigation for purposes of their investigation pursuant to N.C.G.S. 160A-80; that all matters contained in the report of the investigator shall be privileged to the extent permitted by law. 9) That the sum of ten thousand dollars be authorized as payment for this investigation and report; that the investigator shall make every attempt to conclude this investigation as soon as possible; that in the event that the investigator is unable to accept this appointment, that Council shall consider appointing another consultant/ investigator who has equivalent professional expertise in investigating and analyzing law enforcement personnel practices. This 27th day of January, 1997. Cheek: Thank you. Dawkins: Okay, that is a friendly amendment Mr. Cogswell. Okay. Now we want to go . . . Massey: In essence what we're saying is that we're going to take all names out of this . . . Dawkins: Right. Massey: . . . and we will sit down as a Council again, reevaluate transcripts, reevaluate whomever we think is going to be unbiased, and that's all we're simply seeking. Jim Smith: Can we make a call for proposals or something to be submitted to us? Would that be the fairest way to do this? Massey: And can we make a call for anyone who has, anyone who, is not on somebody's list. Dawkins: That's a good description. Massey: I'd appreciate hearing about. Find somebody who's not on somebody's list that has not worked or tried a case or whatever, I don't know, whatever. But find somebody that's going to be unbiased and give us a fair report. Dawkins: All right. Thank you Mr. Massey. Mr. Kendrick and then Ms. Ross. Kendrick: It's been alluded to several times about unbiased, and what we're talking about now is an unbiased group of people to do the investigation. I always thought that's what the EEOC was, was an unbiased group of people. Maybe I was wrong. Dawkins: Okay. Mrs. Ross. Ross: Mr. Mayor, I wasn't going to say this, but I wasn't going to concern myself with this, but I couldn't live with myself if I didn't. I would hate for the same thing to happen to the citizens over on Orange Street again, that happened to the people on Orange Street when they had to pay a parking ticket to park in front of their own home. I don't want to see things like that happen to people. Dawkins: Okay. ________: [inaudible]. Ross: They can't afford the money. ________: Are you voting for this? Ross: Some of them are sick. Dawkins: Right. Ross: They are elderly people. Dawkins: Well I think we did reverse ourself on that. Ross: I didn't know anything about it. Dawkins: Yes. So I think now it is open parking I believe. Ross: I beg you pardon. Dawkins: I think those signs were taken down. Ross: Yes, but they still had to pay. Dawkins: Okay, well, you might talk to Mr. Cogswell. Let me go to Mr. McBryde. McBryde: Mr. Mayor, it appears that we're about to vote. I would like to reiterate that this puts, if this motion passes, it puts this Council on a collision course with the City Manager. Although you may affirm the council-manager form of government, I think that you are on a course that's going to be detrimental to that form of government here in Fayetteville. Dawkins: All right. Any other discussion? Hearing none, I ask for your vote. Ross: What's this vote? Dempster: Massey's motion. Dawkins: This is Mr. Massey's vote. Ross, Massey, Dempster, Smith, and Torrey in favor. And against Cheek, Blackwell, McBryde, and Kendrick. And just as a point of information now, and I think everyone heard that, that any names were out and Council will be open as I think Mr. Massey said . . . Massey: I have absolutely no problem with that at all. Dawkins: Right. Would no one that [inaudible] this experience and get some totally impartial folks. Ross: That makes sense. Dawkins: Okay. That is the motion. I want to thank every . . . We're going to take a ten minute break and then be right back. I want to thank everyone for being here. 4. Presentation on the Cliffdale Road/All-American Expressway. Mr. John Taylor, Project Engineer Road Site Design and the person in charge of the project of Cliffdale Road and All American Freeway, Mr. Robert Hansen, and Ms. Beverly Grey of the North Carolina Planning and Environmental Department were present to discuss this matter with the Council. Mr. Taylor addressed the Council and stated that a noise abatement would not be built in this project because it was not warranted under states standards. He informed Council that the State would be using vegetation landscaping within 30 feet of the edge of the pavement and part of the back slope. He also stated there would not be a cul-de-sac on Rainier Drive, but rather a turnaround drive up. He stated the area from the end of the turn would be curbed, guttered, and landscaped. Councilmember Kendrick inquired as to how a determination was made by the North Carolina Department of Transportation regarding a noise abatement wall. Mr. Taylor replied the state wide criteria was used in all decisions. Councilmember Smith inquired about the possibility of a dirt mound or a wall being used. Mr. Taylor replied that to do this would take at least seven to eight more residences in the area. Councilmember McBryde stated he was led to believe that there would be some type of noise abatement and he resented the fact that he was led in that direction and it was not true. A discussion ensued regarding the method used to detect the decibel level. Mr. Taylor explained a noise model was used to predict the noise level in decibels. When 67 decibels are reached or there is an increase in 10 decibels in a noise level a noise abatement wall will be considered. In the Westwood area the highest noise level is 63 decibels and this did not qualify for a wall. He stated the study had been done twice and each time it the state's criteria was not met. Councilmember Smith asked for an example of a noise that would be 63 decibels. Mr. Jeff Ashman, a resident of Westwood, replied that according to a chart he had, that would be the noise of a quiet typewriter. Mr. George Langston, 332 Rainier Street, Fayetteville, North Carolina, stated the noise level should be considered from the stop light at McPherson Church Road to the All American Freeway. A discussion ensued regarding the model and method used to determine the noise level. Ms. Beverly Grey presented the sketch of the proposed landscaped area. The official landscape plan will not be completed for approximately a year. Councilmember Cheek inquired about cost analysis and whether a citizen would receive damages for noise impact. Mr. Hansen replied the state does not pay noise impact damage. Councilmember Cheek stated that the City Council was led to believe that there was going to be a wall and the City and subdivision is owed the thickest and best plantings possible. Councilmember Cheek moved to require the state to give a complete planning schedule as soon as possible, seconded by Councilmember Smith. Mr. Taylor replied that any request could be sent to Mr. Bill Johnson, Roadside Environmental Unit. He stated we needed to refer to TIP Project U136. Mr. Taylor stated the actual construction would probably begin in November 1998 and the project would take approximately two years for completion. Councilmember Cheek inquired if the state would have to obtain a permit from the City in order to do this project. Mr. Hansen replied that he did not think this would be required. Councilmember Kendrick expressed his displeasure with the North Carolina Department of Transportation for not keeping their word and he found fault with what had taken place. Mayor Pro Tem Blackwell requested to go back to the original motion on this issue for clarification. He also expressed his dissatisfaction with the current situation. Councilmember Smith asked if there were any way the City could get a noise abatement wall as promised. Mr. Taylor stated that the chances of that happening were slim if not impossible. However, Mr. Taylor stated there would be a retaining wall on this project. 5. Discussion of 1974 Consent Decree. Councilmember Torrey moved to go into closed session to discuss Freeman vs. the City of Fayetteville, seconded by Councilmember Ross and carried by a vote of 9 to 0. Mayor Pro Tem Blackwell stated that because Mr. Phil Van Hoy was present he would go into the session, but if anything else was discussed he would leave. Councilmember Kendrick stated his concurrence with Mayor Pro Tem Blackwell. The regular session was adjourned. At 9:55 p.m. Councilmember Kendrick moved to go back into regular session, seconded by Councilmember Massey and carried by a vote of 9 to 0. 6. A Closed Session to Discuss Personnel Matters. Councilmember Smith moved to go into closed session to discuss a personnel matter, seconded by Councilmember Ross. A complete transcript for this item follows: Dawkins: Okay, we are back in regular session. Item . . . Actually it's item six. Let me go to Mr. Smith. Jim Smith: Thank you Mr. Mayor. I'd like for us to go into executive or closed session to discuss the memo of January 22 from our City Manager and personnel matters. Cogswell: It has to be personnel matters. Jim Smith: Well that's what I'm saying. Personnel matters related to this. McBryde: Is that a motion? Jim Smith: Yes sir. Dawkins: Maybe . . . All right, is that the personnel matter [inaudible] closed session. Mayor Pro Tem and Mr. McBryde had question. Let's go to Breeden. Blackwell: All right. Are we going in . . . Mr. Smith, are we going into closed session to discuss the memo period, or are we going in to discuss the memo and personnel matters? Jim Smith: From what Attorney Cogswell just told me, it has to be personnel, I cannot say this memo. Dawkins: I guess what . . . Blackwell: Help me out Mr. Cogswell. McBryde: Was there a second to the motion? Blackwell: Earlier there was. Cogswell: I assume you want to go in there and talk to the City Manager about his memo, that's a personnel matter and you can talk to him about it in there. Jim Smith: And that's my motion. Dawkins: Who seconded that? Massey: I think Ida initially seconded that. Blackwell: Yes I think she seconded that. Dawkins: Okay. [inaudible] answer Breeden? Blackwell: As good as it can be Mr. Mayor. Dawkins: Okay, let's go to Mr. McBryde. McBryde: They said talk in the mike Mr. Mayor. Dawkins: I'm sorry, it was off. I'm sorry. McBryde: Mr. Smith told me why he did the letter and I concurred fully with it. I don't intend to go in and talk to him about it because I've already talked to him about it. I'm going to be staying out of the executive session. I'm going to vote against holding it. Dawkins: Okay. Is there any other discussion. This is going to discuss personnel matters. Blackwell: Mr. Mayor? Dawkins: Yes. Blackwell: Just add one statement that I had a personal meeting with Mr. Smith concerning my feelings. We had a good exchange about it. He clarified some things to me about his rationale. We didn't agree on all points but I did feel more informed and felt better about understanding his point of view as a manager, as an administrator, and I'm going to join Mr. McBryde in sitting this one out. Dawkins: Okay. All right, any other discussion on the motion. Of course, I guess, anyone that wants to can or can't. The chair feels like he should go in the meeting if it passes. One other thing, I want to thank the officers for being here tonight. All right, I'll ask, this is to go in . . . Massey: Mr. Mayor. Blackwell: Mr. Mayor, you don't have to go in there do you? Massey: A quick question. A quick question. Is . . . Dawkins: No, I . . . Go ahead. Massey: If . . . I guess I need to get, ask Mr. Cogswell. Dawkins: All right. Massey: What is the, what are the ground rules if they opt . . . Jim Smith: The don't have to go. Massey: . . . not to go into executive session, do they get to vote or what? What's happening here? Dempster: Good point. Cogswell: There's no vote. You can't take a vote in executive session. McBryde: Can't vote in executive session. Massey: No I don't mean vote in executive session, but we have to vote to go into executive session. Cogswell: That's right. Massey: And my question is, if they vote that they are not going into executive session, is that in reality a vote? McBryde: It's going to be a vote when I mash this button. Dawkins: [inaudible] like if three members do not hit red, then it passes, then there is a closed session, but I guess it's prerogative who wants to go. Massey: No, they don't have to go. Okay, I just wanted to find out what the parameters were. Dawkins: And I guess, let me ask Mr. Cogswell. Bob, one other thing, if you voted yes, I don't guess you have to go into session? Cogswell: No. Dawkins: But if it passes, there will be a closed session. The chair just felt like he should be in there. McBryde: I don't believe there's going to be one. Dawkins: All right. Well, let's vote if we're going in to closed session. It looks like there's going to be one. It's five to four to have a closed session, with Ross, Massey, Dempster, Smith and Torrey voting in favor. Cheek, Blackwell, McBryde and Kendrick voting against. And so there will be a closed session. Blackwell: Mr. Mayor, I respect that you said you needed to go, I just . . . Dawkins: Well . . . Blackwell: . . . as a presiding officer, but . . . Let me see how I'm going to say this. Dawkins: Well, I'm going to . . . Go ahead Breeden. Blackwell: No, that's all right, you have to make your own decisions. Dawkins: Well. Blackwell: I know . . . Dawkins: I . . . Blackwell: . . . I put you in a . . . Dawkins: Well. Blackwell: Never mind. Dawkins: Actually, let me get a clarification from Mr. Cogswell. I guess, of course the chair. I guess the chair can stay or go. I just felt like . . . McBryde: You don't have to go [inaudible]. Dawkins: All right. Well then I'm going to stay and I guess one of that majority can get the meeting started. Well I guess Mr. Smith, he has the information that he wants to discuss. So there is going to be a closed session. Well I imagine you wanted the City Manager in there? Jim Smith: Yes and the City Attorney. Dawkins: And the City Attorney. Okay. So there is a closed session. It will be right over here and the door will be locked and some of us will be here. Good luck. Thank you. Of course, anybody that wants to go can go or stay. [CLOSED SESSION.] McBryde: Mayor, I think that's a good opportunity to take a break. Dawkins: Yes, we can take a break. You'll can too. We'll take a brief break. [RETURN FROM CLOSED SESSION.] Jim Smith: Mr. Mayor, I'd like to make a motion if I could? Dawkins: All right. Go ahead. Jim Smith: After a lot of discussion, there has been a lot of heartfelt folks out here with support on different things and I'm not sure that I'm the one that wants to really make this motion, as far as I know that everybody is listening very intently to what I'm saying and I want to make sure I don't make a mistake. I'd like to put forth a motion that this Council fully and unconditionally supports the council-manager form of government and that we intend to work very hard to make that system work. Dawkins: All right. Torrey: I second that motion. Dawkins: Thank you Mr. Torrey. All right. McBryde: Mr. Mayor, I would have made that motion an hour and fifteen minutes ago, but I'll be glad to vote for it. Dawkins: All right, is there any discussion on that good motion? Jim Smith: I have one other one. Dawkins: All right. Go. All right. Jim Smith: I mean this is one motion, but I have another one [inaudible]. Dawkins: Okay. Now, I believe. Well, we're going to be . . . Well it's Tuesday anyway. [LAUGHTER FROM AUDIENCE.] Dawkins: I remember a midnight massacre. Jim, I believe, I saw your. Here's how I saw the lights, was it Councilmembers . . . McBryde: I'm sorry. Jim Smith: Oh yes, I was voting. I thought [inaudible]. I'm sorry. Dawkins: Okay, because I believe Mayor Pro Tem wanted to say something. Okay, let's go. Is there anyone else that wants to speak on the motion? Okay. Blackwell: I just want some explanation . . . Dawkins: Okay. Blackwell: Some . . . Dawkins: Go ahead. Blackwell: . . . explanation of the motion. It seems like the motions tonight all stated that there was a support for the council-manager form of government. Now I just wonder why we have to do it again? Jim Smith: May I answer that Mr. Mayor? Dawkins: Yes sir. Blackwell: I hope so. Jim Smith: Mayor Pro Tem, I felt like it was very appropriate for all of us to affirm that we're going to go forward and work together. We talked about a spirit of unity and coming together, and by God we've got to do it, and this is the best way I can think of doing it. I actually got another piece to the motion, but Dr. Cheek was having a problem with it, so I split it into two motions is what I have done. Dawkins: Okay. Okay. Blackwell: Well if we really . . . I'm glad that you'll reached that conclusion that we want to work together, then maybe we ought to go back and revisit item three and I'm not being, I'm not trying to be cute about it. I mean I'm really pleased with that. That's what I was hoping we would do before we went into any kind of closed session tonight. As I said earlier, five hours ago, that if there was any hope of any give or movement in the issue, that we could deal with it a long time ago. Massey: Mr. Mayor Pro Tem? Blackwell: Yes. Dawkins: Yes. Blackwell: Oh I'm sorry I'm not running the meeting. Dawkins: Wait a minute. Let me . . . Breeden, did you want to say anything? Blackwell: No I'm through. Dawkins: Thank you Breeden. Now I think Bob, you wanted to speak. I think some people have mashed their buttons, they were ready . . . Jim Smith: Won't you clear them. Dawkins: I'm going to clear them out and I'm going to go to Mr. Massey. Massey: Mr. Mayor Pro Tem and Council, specifically Mr. Mayor Pro Tem. If you were to revisit item three, what would you want to do with it? Blackwell: Do what I asked earlier, let's me and you sit down and talk. Massey: We have. Blackwell: No we haven't. Massey: I'm saying that we as, I'm saying . . . Blackwell: Oh, you'll talked back there, but I mean I don't . . . Massey: And you had the right to come. Blackwell: Yes, but I don't think we communicated as a Council. But that's okay. Dawkins: Okay, anything else Bob? Go ahead Bob. Massey: Yes, I'm afraid there is something else. We have dealt with a very grueling, gut-wrenching, heart-wrenching discussions to try to bring to the table some concerns. There's never in anybody's mind been a question about the council-manager form of government. There are problems that apparently need some attention. Blackwell: Then why do we need to reaffirm the council-manager form of government tonight if there's not a problem? Massey: Well there are other options. Blackwell: I'm very much aware of that Bob . . . Massey: And what I'm basically trying to . . . Blackwell: Why do we need the motion to reaffirm it if we all believe in it? Massey: Well. Thank you Mr. Mayor and Council. Dawkins: Thank you. Any other discussion on the motion. Let's vote. This is on Mr. Smith's motion. This was seconded by Mr. Torrey. All right. I'm going to get to put . . . Yes, it was definitely unanimous. Jim Smith: Thank you Mayor and members of Council. I, you know, maybe I'm overstepping my bounds here Mayor, but I'm glad to get that part behind us. Dawkins: All right. Jim Smith: The other part to that is dealing with number three and this is the part that Dr. Cheek had a problem with. I think we just go ahead and we call for proposals for that and we do as Council has done and in the spirit and letter as John will work with us to get this situation--and I'm using that word for lack of a better term at this point--to get this behind us. Let's mold together. I challenge all of the people to work together with Council and Council work with the folks and let's get this behind us for a greater Fayetteville. Dawkins: All right. Jim Smith: The motion is to go ahead with . . . Dawkins: The motion is to go ahead and solicit, you want to . . . Jim Smith: Solicit proposals of the nonbiased persons . . . Dawkins: And I think . . . Jim Smith: and get the investigation done and be done. Dawkins: And Jim just said it, and I think Bob agreed to it when he made a motion, really try to totally, Jim . . . Jim Smith: A totally unbiased person. And I think we submit, ask people to submit for proposals that have done this sort of thing so we have some experience. Dawkins: All right. Jim Smith: And as a Council working together I think we can work this out. Dawkins: All right. Blackwell: How about a proposal from a black police officer and let's just get the office of civil rights to investigate the whole thing and everybody shut up about it. If we're not happy with the EEOC . . . Dawkins: Let me get . . . Breeden . . . Let me get a second to this motion so we can discuss the motion. Do I have a second to the motion? Ms. Ross, okay. All right, now we'll discuss. Breeden did you want? Blackwell: No I'm through Mr. Mayor. Dawkins: Okay. Let me go to Councilmembers Kendrick and Cheek. This is to discuss the motion. Kendrick: On the first motion I voted in favor of it. I think we should operate as a manager-council form of government. I have no questions about that whatsoever. But I still think that we should follow that manager form of government and not have this private investigation allowed, allow due process to take place, allow EEOC to run their investigation, and then make a decision like I've said, I think Breeden five hours ago, or four hours ago, that to allow the natural process to follow. I can't support the motion Jim. Dawkins: Okay, thank you Mr. Kendrick. Let's go to Councilmember Cheek. Cheek: Okay, thank you, very briefly, and I would like to thank Councilmember Smith for separating the motions. I am committed to the spirit of supporting the City and its governance and I will do everything in my power as I have done and I will continue to do that and to enable this Council to work constructively for governance. I can't support the motion. If it does pass, I will do everything I can to help our City get through this. Thank you. Jim Smith: Actually Mr. Mayor, I don't think we need a motion because we already did this on item three. Dawkins: Well it's already I believe in Mr. Massey's motion. Just for clarification, help me Mr. Cogswell. Jim Smith: It's in item three. Dawkins: But I guess we, it's just reaffirming that to go ahead . . . I think what your saying, and I don't remember that Bob, but we're we and Jim's motion of course is saying let's go ahead and get proposals and I don't remember that in your motion. I'm not sure. Jim Smith: I'm saying call for proposals from people that can do it. Dawkins: Yes, call for proposals from people who would do it. So you may be better to have another motion. Don't you think? Blackwell: Who do we send those to Mr. Mayor. Dawkins: Sir? Blackwell: Who do we send those proposals to? Dawkins: Well, I think what Jim is saying, the word will go out and we'll probably receive . . . Blackwell: But who will receive the proposals? Dawkins: Well, . . . Jim Smith: Send them . . . Dawkins: . . . this Council. Jim Smith: . . . to the Council. Or to the City Manager's office. Kendrick: Does that mean I can bid on them? Jim Smith: I mean he's part of this. It's not like [inaudible]. Dawkins: Well, or Jim, Jim is making the motion . . . Jim Smith: Send them to the City Manger's office. He's part of this process you'll. I mean, I'm not saying exclude the man. Dawkins: All right. Kendrick: Who makes the decision on the Council? Dawkins: Well the Council will vote . . . McBryde: Majority. Dawkins: Would you Jim. Jim Smith: That's what I . . . Council. Dawkins: Which person or people are selected. Jim Smith: Yes. I mean as far as I'm concerned, it's going to be public information. You know, I'm not trying to hide anything from anybody. Dawkins: All right. Jim Smith: Let's put it out here on the table and let these folks see what we're looking at. Dawkins: All right. McBryde: I want to speak. Dawkins: It hit. I'm going to let. I apologize. There's some people that want to speak. I think it, you know, we do have a motion seconded by Ms. Ross. I know Milo wants to speak. Bob, did you want . . . Massey: Yes I do. Dawkins: Your light . . . Go ahead Bob. Massey: I want to be sure. I want to be very clear and very precise on a couple of things. There are, from my vantage point, some problems, and within the framework of a council-management system, we can try to resolve those problems. The bottom line is this, that we have put in place a mechanism designed hopefully to arrive at the truth. If that truth indicates that there need to be additional corrective action, we will deal with that at that time. But you must give that truth a chance or a time to emerge. You must give the overall system a chance to do what it is set to do. This is not and as far as going back, if there is a problem with item three, if there is a problem with us trying to bring in an outside investigator to try to ferret out the truth, then we need to as Councilmember Blackwell said revisit the whole ball of wax. But the fact of the matter is, or at least the perception of the matter is, that there are problems within our overall structure. We have put in a system that might help us in understanding if that problem is repairable. If it's not, then we do whatever else has to be done. So if you're talking now about going back to revisit this motion, I have another motion right now. Dawkins: All this motion is Mr. Smith, seconded by Ms. Rose. Jim Smith: This is just an affirmation of number three. That we were going to . . . Dawkins: It's basically affirmation number three, but we were also actively soliciting, Bob, proposals. That's what this motion is. Jim Smith: I was trying to put it in motion. Dawkins: All right. Jim Smith: I mean we support the system and now we're putting into motion what we want to do. Dawkins: Okay, let me go. Bob, did you have anything else? Massey: Thank you Mr. Mayor and Council. Dawkins: Thank you Bob. Milo. McBryde: Mr. Mayor, I just wanted to agree with Mr. Kendrick and Ms. Cheek in response to the last comment so that we do have a method in place that arrives at the truth, I thought we had the truth in the report from the City Manager before, that's why this whole thing is ridiculous. Dawkins: Okay, I'll ask for your vote and this is to solicit. Massey: Vote on which issue? Dawkins: Yes. Massey: Solicit? Dawkins: Yes, yes. And I think in Mr. Massey's motion earlier, of course it was stated that we really try to go after an impartial unbiased person. McBryde: Mayor, I move we adjourn. Blackwell: I second that. Dawkins: Wait just a second. The vote, in favor is Ross, Massey, Dempster, Smith, and Torrey. In opposition Cheek, Blackwell, McBryde, and Kendrick. Mr. McBryde makes a motion we adjourn. Kendrick: Second. Dawkins: And seconded by Mr. Kendrick. All in favor say "I". [COUNCILMEMBERS SAY "I".] Dawkins: That's unanimous. Thank you Council. Thank you everyone for being here. INFORMATION ITEMS 1. Update on cablevision negotiation matter. 2. Copy of HUD assessment letter to the Mayor. 3. Copy of letter to Mayor from Dr. Ernie Johnson, Highland Presbyterian Church. 4. Copy of letter to Mayor from David Jameson, President, Chamber of Commerce. 5. Letter to City Council from Mary Holmes. 6. Letter to Mayor and Council from Robin Kelly Legg. 7. Letter to City Council from J. Malcolm McFadyen, McFadyen Music. 8. Copy of letter to Mayor from Troy Howard, Executive Vice President, Belk Department Stores. 9. Letter to City Council from Mike Lallier. 10. Copy of letter to Mayor from Franz Holzer, Wave Business Services. 11. Copy of letter to Mayor from Mark Hurley, Nationwide Insurance. 12. Copy of letter to Mayor from Michael Bryant, Cumberland County Medical Society. 13. Copy of letter to Mayor from Barbara Saunders. 14. PWC - minutes of January 8, 1997. 15. Redevelopment Commission - minutes of January 8, 1997. 16. Human Relations Commission - agenda for February 13, 1997. There being no further business the meeting was adjourned. REGULAR MEETING FEBRUARY 3, 1997 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER FEBRUARY 3, 1997 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Frank Simpson, Inspections Director Kathy McPhail, Risk Management Director Ron Hansen, Chief of Police Carl Milazzo, Police Legal Advisor Craig Hampton, Administrative Services Director Al McKenzie, Personnel Director Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Reverend Kenneth Pritchard, Fayetteville Community Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins announced the character education concept for February 1997 was trustworthiness. 1. APPROVAL OF AGENDA City Manager John Smith requested to change the name in Item 2.H to Mr. and Ms. Samuel J. Norris. Councilmember Torrey moved to add an item to the agenda. Council consideration of a timetable for the identification and selection of an investigator and/or consultant that will investigate the personnel affairs of the Fayetteville Police Department and the City Manager. All council persons need to submit nominees packets, inclusive of names and vita, to the City Manager's office no later than noon, 11 February 1997. Afterward, the City Manager will assemble the packages and have them delivered along with our regular packet materials for our regular scheduled 17 February meeting. City Attorney Robert Cogswell stated he had reviewed the motions made at the last meeting under Item 3.B. Dr. Cheek's friendly amendment for the motion to be generic was accepted and Councilmember Smith's motion was more specific and listed accepting proposals which would be sent to the City Manager. Mr. Cogswell stated his interpretation was (1) the motion to conduct an investigation had been approved and (2) the proposals were to be solicited. Mr. Cogswell stated that because no timetable had been included in the original motion, a simple majority vote could establish a timetable to consider that specific investigation. He presented the Council with a reworded motion which would make the motions consistent. He stated that in his opinion the motion, as presented by Mr. Torrey, would require seven votes to pass. Councilmember Torrey accepted Mr. Cogswell's motion and asked that he read it into the record. Mr. Cogswell read the motion and it is as follows: Council consideration of a timetable for the identification and selection of an investigator and/or consultant that will conduct the investigation approved by the City Council on January 27, 1997. All council persons need to submit nominees packets, inclusive of names and vita, to the City Manager's office no later than noon, 11 February 1997. Afterward, the City Manager will assemble the packages and have them delivered along with our regular packet materials for our regular scheduled 17 February meeting. Councilmember Massey seconded the motion and inquired as to whether the revised motion would be inclusive of all the items that were listed in the original motion. Mr. Cogswell answered in the affirmative. A discussion was held on the use of RFPs versus proposals. Mr. Cogswell stated the motion was to solicit and call for proposals from individuals that had expertise in the field. There had been no directive to establish an RFP. Mr. Cogswell said he had the motion forwarded to anyone making inquiries about submitting a proposal because the motion stated exactly what the investigation was to encompass and defined what was going to be done. Mayor Dawkins suggested putting this item as 4.A. Councilmember Cheek requested to add an item to the agenda, to discuss a schedule for the redistricting decision by Council. Mayor Dawkins stated this would be added as Item 12.C. Mayor Pro Tem Blackwell requested to add as Item 4.B, consideration of hiring consultants for the purpose of mediation amongst the City Council. Mayor Pro Tem Blackwell then submitted a request as a Councilmember and stated it was not necessarily for discussion. Mayor Dawkins stated this would be Item 12.D and asked Mayor Pro Tem Blackwell to state his request. Mayor Pro Tem Blackwell stated his request was for the City Attorney to report back to the Council on giving the Mayor the authority to vote on all issues before Council and the procedures required to institute recall authority for the citizens of Fayetteville. A discussion ensued regarding Mayor Pro Tem Blackwell's request. Mayor Pro Tem Blackwell moved to amend the agenda as discussed. A second discussion ensued regarding Mr. Blackwell's request and what would happen if it were defeated by a vote of Council. Mr. Blackwell requested to remove Item 12.D, request on Mayor voting privileges and the recall authority. Councilmember Cheek seconded the motion. Mr. Blackwell submitted his request as an individual Councilmember and asked Mr. Cogswell to report back to the Council. Councilmember Ross seconded the motion to approve the agenda with the correction to Item 2.H and the addition of Item 4.A, motion on a deadline for proposals on the approved investigation, Item 4.B, consideration of hiring consultants for the purpose of mediation amongst City Council, and Item 12.C, discussion of schedule of redistricting decision by Council. The motion to approve the agenda with the additions and corrections passed by a vote of 6 to 3 with Councilmembers McBryde, Kendrick, and Cheek in opposition. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Councilmember McBryde requested to pull Item 2.A. Councilmember Kendrick moved to approve the consent agenda with the exception of 2.A. After a second from Councilmember Dempster, the consent agenda and following items were unanimously approved by a vote of 9 to 0. A. (Pulled for discussion) B. Approve minutes of special meeting of January 13, 1997. C. Approve minutes of special joint meeting with Cumberland County Board of Commissioners of January 15, 1997. D. Approve tax refunds over $100. Taxpayer's Name Nature of Clerical Error Amount Taylor Oil Co. Adjust values for Machinery & $505.68 Equipment per the Audit Small, Colin Andrew Illegal Tax: Military Non-Resident. $130.82 1995 W2 on file. NY Fox, Ashton Lilly Adjusted land units from 1.75 to $218.29 1.00 per schedule of values Fay. Ambulatory Surgery LLP Refund only due to ruling of court of $7,893.84 c/o National Surge appeals E. Set public hearing for March 3, 1997, to consider closing a portion of Cunningham Street. F. Approve request from The Arts Council of Fayetteville/Cumberland County for waiver of permit fees for each tent/canopy at Sunday on The Square. G. Adopt resolution approving the following Seabrook Pool matters: 1. Approval of 15 promissory notes ($60,000.00 each). 2. A contract for loan guarantee assistance with the United States Secretary of Housing and Urban Development (HUD). 3. A Series 1996-B Fiscal Agency Agreement with Chase Manhattan Bank, for the purposes of borrowing the sum of $900,000.00. RESOLUTION OF THE FAYETTEVILLE CITY COUNCIL APPROVING CERTAIN FINANCING AGREEMENTS RELATED TO THE RECONSTRUCTION OF THE SEABROOK SWIMMING POOL. RESOLUTION NO. R1997-007. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. H. Approve request for waiver of interest on property tax from Mr. and Mrs. Samuel J. Norris. I. Approval of referral to Streets and Roads Committee the following issues: 1. The list of streets proposed for resurfacing. 2. Traffic pattern on Hinsdale Avenue. J. Adopt resolution pursuant to N.C.G.S. 160A-31(c) fixing a date for a public hearing for a petition-initiated contiguous annexation area. (Cumberland County North Regional Library Site to be constructed on the southeastern corner of the intersection of Rosehill Road and McArthur Road) (Recommended public hearing date: February 17, 1997) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE PURSUANT TO N.C.G.S. 160A-31(C) FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED CONTIGUOUS ANNEXATION AREA (CUMBERLAND COUNTY NORTH REGIONAL BRANCH LIBRARY SITE - TO BE CONSTRUCTED ON THE SOUTHEASTERN CORNER OF THE INTERSECTION OF ROSEHILL ROAD AND MCARTHUR ROAD.) RESOLUTION NO. R1997-008. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. K. Approve award of contract for purchase of one Xerographic Drawing Copier to McGee Cadd Reprographics (Wilmington), low bidder in the amount of $22,745.00. (PWC) Bids were received as follows: McGee Cadd Reprographics (Wilmington, NC) $22,745.00 Duncan-Parnell (Rocky Mount, NC) $27,945.00 2.A. Approve minutes of regular meeting of January 6, 1997. Councilmember McBryde requested that the audio tape of the minutes of January 6, 1997, be reviewed to verify the accuracy of the verbatim transcript on page 439 of the minutes, specifically paragraph number 5. Mr. McBryde stated the word should be retaliatory rather than relevant. (These minutes were verified by the City Clerk as being correct as submitted in the agenda. No change was required.) 3. PUBLIC HEARINGS: A. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour on Ashford Avenue and Greenland Drive. Assistant City Manager Jimmy Teal presented this item. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition and the public hearing opened and closed at 7:30 p.m. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1997-004. Councilmember McBryde moved to adopt the ordinance seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 9 to 0. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1997. B. (P96-130F) Consideration of revisions and amendments to the City of Fayetteville Code of Ordinances. A summary of the changes is as follows: Section 32-5(5.04) to create a new section to define Brew Pubs; Section 32-5(18.10) to define Microbrewery; Section 32-28(11.2) to create a new section to allow brewpubs in a C1 Zoning Classification, and; Section 32-32(15.1) to create a new section to allow microbreweries in a C3 Zoning Classification. Assistant City Manager Jimmy Teal presented this item. This is the advertised public hearing set for this date and time. The public hearing opened at 7:35 p.m. Mr. Stuart Clarke, Attorney, appeared in favor of the rezoning. There was no one else present to speak either in favor or opposition and the public hearing closed at 7:36 p.m. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 32, ZONING, SECTIONS 32-5, 32-28 AND 32-32, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1997-005. Councilmember Kendrick moved to adopt the ordinance, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1997. 4. A. Council consideration for a timetable for the identification and selection of an investigator and/or consultant that will conduct the investigation approved by the City Council on January 27, 1997. Agenda: Council consideration of a timetable for the identification and selection of an investigator and/or consultant that will conduct the investigation approved by the City Council on January 27, 1997. Recommendation: All council persons need to submit nominees packets, inclusive of names and vita, to the City Manager's office no later than noon, 11 February 1997. Afterward, the City Manager will assemble the packages and have them delivered along with our regular packet materials for our regular scheduled 17 February meeting. Councilmember Cheek requested that criteria be established for any persons applying for the investigator position and a list of guidelines be included in the motion. The following guidelines were offered: 1. The training and record of the person as far as client list, the cases worked on, and the side of dispute the person represented. 2. The person should be a well-respected, recognized and unbiased person. 3. There should be a submission of a cost estimate with an explanation as to what the EEOC will be doing and the potential for the scope the investigation can take if necessary. Councilmember Kendrick stated that he had been given an estimate of a cost of $75,000 to $100,000 for an outside investigation. Mr. Kendrick restated his opinion that EEOC should do the investigation and not the Council. Councilmember Massey stated he agreed with Councilmember Cheek's criteria. However, he requested to add that the person should have expertise in effective policing and management. Mr. Massey stated he thought the intent of Mr. Torrey's motion was for each Councilmember to apply his own litmus test and bring whom they think can do the job to the Council to decide who will be most the effective. Mr. Massey stated he had talked with Mr. Joe Daughtery of EEOC and had found they will be unable to share their findings with the Council. He stated there is no direct link with what the EEOC might seek and what this Council might seek. The intent of the Council is to examine our City's operations by statutory law. EEOC's intent is to see if an independent individual's civil rights have been violated. The means and scope of the two investigations are very different. He stated the Council's aim is to define those things that would most effectively get the biggest bang from our tax dollars and we are seeking to deliver improved services to all citizens of Fayetteville. A discussion ensued regarding the hiring of outside attorneys. Councilmember McBryde inquired as to how the Council can investigate themselves and defend themselves at the same time. Councilmember McBryde expressed his opinion that a cap should be put on the expenses of the investigation. Mayor Pro Tem Blackwell offered a substitute motion that the Council in consultation with the City Attorney prepare an RFP for the independent party or parties to meet to review the requirements in the RFP to include (1) time and scope of the proposed investigation, (2) cost of the proposed investigation, (3) qualification of the party or parties doing the proposed investigation, (4) past track record of the proposed party or parties, and (5) professional references of the proposed party or parties. There was no second to the substitute motion. Councilmember Dempster inquired of City Attorney Robert Cogswell if an independent investigation is conducted and problems are found and then corrected, could the City/City Councilmembers be sued. City Attorney Robert Cogswell responded to Mr. Dempster's question. Councilmember Dempster asked if any lawsuit had been filed to date. Mr. Cogswell replied to date he had not been served. A discussion was held regarding the history of lawsuits against the City of Fayetteville. Councilmember Cheek stated that due to the complexity of the issues and Mr. Massey's additions, she felt that one of the persons involved should be an attorney with Civil Rights experience. She further stated that Mr. Massey's addition of effective city management and policing policies would mean there should be more than one person involved in conducting the investigation. She expressed her opinion that expenses would be substantial and therefore the investigation needs to be done correctly. Mayor Dawkins called for the vote on the motion. The motion carried by a vote of 5 to 4 with Councilmembers Ross, Torrey, Massey, Smith, and Dempster in favor and Councilmembers McBryde, Cheek, Blackwell, and Kendrick in opposition. Mayor Dawkins called for a ten-minute break. B. Consideration of hiring consultants for the purpose of mediation among the City Council. Mayor Pro Tem Blackwell moved to hire consultants for the purpose of mediation amongst the City Councilmembers. Councilmember Kendrick seconded the motion. A discussion was held with Councilmembers expressing their points of views. At Mayor Pro Tem Blackwell's request, Councilmember Smith explained the mediation process. After further discussion, Mayor Dawkins called for the vote and the motion failed by a vote of 7 to 2 with Councilmember Smith and Mayor Pro Tem Blackwell in favor and Councilmembers Ross, Torrey, Dempster, Cheek, Kendrick, Massey, and McBryde in opposition. C. Consideration of adoption of ordinance ordering the demolition of property located at 301 Broadfoot Avenue. (Owner: Frank Green) Ms. Becky Allgrove, 302 Broadfoot Avenue, Fayetteville, North Carolina, addressed the Council and asked that the demolition of 301 Broadfoot Avenue move forward as soon as possible. Mr. Frank Simpson, Inspections Director, presented a video of the property in question. Discussion was held with Councilmembers directing questions to the owner, Mr. Frank Green. Mr. Green asked for an extension of time to make the repairs. Councilmember McBryde moved to adopt the ordinance ordering the demolition, seconded by Councilmember Kendrick and carried by a vote of 7 to 2 with Councilmembers Ross and Torrey in opposition. AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA, REQUIRING THE CITY BUILDING INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS1997-005. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1997. 5. Consideration of request to address City Council from Mike Reid, Interim President, Fayetteville Vocational Center, Inc. Mr. Mike Reid, Interim President, Fayetteville Vocational Center, Inc., addressed Council and requested their help for the organization he represented. He stated they needed to obtain $50,000 in seed money which was required to open the doors for vocational training in this community. A discussion followed Mr. Reid's presentation. Councilmember Cheek moved to authorize the City Manager to contact Cliff Strassenburg, County Manager, and discuss the issue with him. She asked Mr. Smith to come back with a recommendation. The motion was seconded by Councilmember Kendrick and carried by a vote of 8 to 1 with Councilmember Ross in opposition. 6. Consideration of request to address City Council from Dr. J. Ernest Johnson, MetroVisions Chairman. Dr. J. Ernest Johnson, MetroVisions Chairman, addressed the Council. Mr. Johnson stated the Juvenile Resource and Assessment Centers were underway and he asked for financial support from the Council. Mr. Johnson explained that a request has been made to the Governor's Crime Commission for grant funds of $75,000 to fund this project. In order to qualify for the grant, they needed $25,000 in matching funds. Mr. Johnson requested that the City make the same pledge as the County Commissioners for $12,500. A discussion ensued and Councilmember Kendrick suggested the Towns of Spring Lake and Hope Mills be approached for contributions. Councilmember Kendrick moved to match the County's pledge of $12,500 for the Juvenile Resource Center, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. 7. Consideration of award of the following contracts: City Manager John Smith presented this item. Councilmember McBryde moved to award the contract in Items 7.A, 7.B, and 7.C, seconded by Councilmember Kendrick and carried unanimously by a vote of 9 to 0. A. Award of construction contract to Atlas Railroad Construction Company (Fort Bragg), lowest responsible bidder in the adjusted amount of $396,952.00, for Douglas Byrd School/Park Ballfield. Bids were received as follows: Atlas Railroad Construction $377,110.00 ES&J Enterprises $415,638.10 Sanford Contractors $449,611.75 Wellons Construction $561,484.85 Correction/Deletions to Original Bid by Atlas Railroad Construction Company. Original Bid: $377,110.00 Adjustment: * Correct Architect's estimated quantity Item - Grade, Place Finish, Concrete Paving: Original Bid 1400 sq. ft. Corrected Amount 9400 sq. ft +$32,000.00 Deletions: Item - Tree Protection Fencing - 975 LF ($1,950.00) Item - Remove Volleyball Posts ($100.00) Item - Foul Poles - 8 ($1,200.00) Item - Bases, Anchors, Misc. Athletic Field Equip. ($2,500.00) Item - Yoshino Cherry Trees - 6 ($900.00) Item - Willow Oak - 15 ($2,250.00) Item - Red Sunset Maple - 3 ($450.00) Item - Crape Myrtle "Natchez" - 2 ($300.00) Item - Parsons Juniper - 26 ($208.00) Item - Daylilies - 325 ($1,300.00) Item - Shrub Bed Preparation ($1,000.00) Adjusted Bid $396,952.00 B. Award of construction contract to Atlas Railroad Construction Company (Ft. Bragg), lowest responsible bidder, in the amount of $1,517,164.00 for Soil Street Package 2 - City Bond Project #PD-09-96. Bids received were as follows: Atlas Railroad Construction Company $1,517,164.00 ES&J Enterprises, Inc. $1,943,300.00 C. Award of purchase contract for three network computer servers to Entre' Business Systems (Fayetteville, NC), lowest and only responsible bidder in the amount of $38,680.42, and approval of additional buy clause for four servers subject to appropriation of funds. Bids were received as follows: Entre' Business Systems (Fayetteville, NC) $38,680.42 D. Award of Purchase Contract to Cunningham Associates, Inc., for two (2) each Option #3 Playground Equipment Units, not installed, in the amount of $54,121.65 (includes Performance Bond cost) 2.1. Award of Purchase Contract to Playland, Inc., Fayetteville, NC, for two (2) each Option #3 Playground Equipment Units, not installed, in the amount of $56,952.00 (includes Performance Bond cost.) Bids were received as follows: Little Tikes (Farmington, MO) $35,350.00 Cunningham Associates (Charlotte, NC) Altern. Bid $47,300.96 Cunningham Associates (Charlotte, NC) (PRIME) $53,932.88 Playland, Inc. (Fayetteville, NC) $56,000.00 Landscape Structures, Inc. (Delano, MN) $57,592.22 Councilmember McBryde stated he had reservations about the purchase and installation of this equipment. He stated he had been requested by an attorney to delay action until some concerns about the bid process could be addressed. Councilmember McBryde moved to delay action until February 17, 1997, seconded by Mayor Pro Tem Blackwell. After a lengthy discussion with Mr. Robert Barefoot, Recreation/Community Facilities Director, Councilmember McBryde withdrew his motion to delay, seconded by Mayor Pro Tem Blackwell. Mayor Pro Tem Blackwell moved to award the contract, seconded by Councilmember Dempster and carried by a vote of 6 to 3 with Councilmembers McBryde, Kendrick, and Massey in opposition. Councilmember Cheek inquired as to why the City was getting into training for installation of playground equipment. 8. Consideration of approval of Interlocal Agreement with Cumberland County for the Illicit Storm Water Connection Ordinance. Assistant City Manager Jimmy Teal presented this item. Mayor Pro Tem Blackwell moved to adopt the interlocal agreement, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. 9. Consideration of the naming of the athletic field at Myers Park in honor of Abraham Washington. Mr. Gregory M. Edge, Chairman, Parks and Recreation Advisory Commission, presented this item. Mayor Pro Tem Blackwell moved to approve the naming of the athletic field at Myers Park the Abraham Washington Athletic Field, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. Councilmember Massey recognized Mr. Abraham Washington who was in the audience. 10. Consideration of items for referral to City-County Liaison Committee. A. Discussion of implementation of activities for working with "at risk" and all youths in Cumberland County. (Requested by Councilmember Suzan Cheek) Councilmember Cheek moved to make the City-County Liaison Committee a designated area where requests can originate that need City-County coordination as the Juvenile Center project moves forward, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 9 to 0. This item will be referred to the City-County Liaison Committee. 11. APPOINTMENTS: A. Election of nominee to fill one vacancy on Firemen's Relief Fund. Mr. A. Scott Kelly was appointed to a two-year term which expires January 1999. B. Nomination/Election of nominees to fill two vacancies on Human Relations Commission. Councilmember Ross nominated Ms. Insom Brown to fill the term of Mr. Hubert Doub. After discussion, the Reverend John T. Johnson was appointed to fill the term of Mr. Hubert Doub. Mr. Johnson's term expires in June 1998. Ms. Joyce Malone was appointed to fill the term of Cynthia McCormic. The term expires in June 1997. C. Nominations to fill two vacancies on Historic Resources Commission. Mr. Eric Lindstrom was nominated by Mayor Pro Tem Blackwell to fill the Licensed/Registered Architect vacancy of Mr. Ronn Babin. Mr. Floyd Caldwell was nominated to fill the at-large vacancy by Councilmember Torrey. 12. ADMINISTRATIVE REPORTS: A. Report from Appearance Commission on the review of the Landscape Ordinance requirements relating to commercial containers. Councilmember Cheek requested the costs involved in negotiating with ARS for commercial pickup. B. Report on Fran debris cleanup. C. Discuss schedule of redistricting decision by Council. A discussion was held regarding the procedure and time frame that must be met in order to accomplish the redistricting in time for the election in November. Councilmember Cheek requested that Mr. Wilson re-address Council regarding the options and that he make a recommendation. After discussion, it was decided that Mr. Wilson's responsibility was not to make a recommendation but rather to present as many legal options as possible to enable Council to make the best decision. City Attorney Robert Cogswell gave the time frame involved in this process and stated it would take three separate meetings to complete the process. He stated that a resolution of intent must be done before any further action or a public hearing can be held. Councilmember Cheek moved to hold a special meeting at 7:00 p.m., February 10, 1997, in the Council Chamber with Mr. Wilson present to discuss the options, put the process in motion, and to possibly set a public hearing. Councilmember McBryde seconded the motion. A discussion ensued regarding the multi-member district option and the possibility the option might not be available for this election. Councilmember McBryde withdrew his second for the motion based on that information. Councilmember Dempster then seconded the motion. City Manager John Smith stated the resolutions would be prepared for the special meeting to ensure possible action on any option chosen by the Council. Mayor Dawkins called for a vote on the motion to set a public hearing and it carried by a vote of 9 to 0, with the understanding that if Mr. Wilson could not be present, the meeting would not be held. Councilmember Smith asked to be excused from the special meeting due to a prior commitment. Councilmember McBryde moved to excuse Councilmember Smith, seconded by Councilmember Cheek and carried unanimously. INFORMATION ITEMS: 1. Report on tax refunds less than $100. Taxpayer's Name Nature of Clerical Error Amount Phillips, Lillian Correct Tax District to Vander $63.97 Napper, DeJohn Darrell Illegal Tax: Military Non-Resident. $5.52 LES on file. NY--5/23/99 Miller, Rollin Lewis Illegal Tax: Military Non-Resident. $88.49 LES on file. PA--indef. Hooper, Arthur Ross & Illegal Tax: Military Non-Resident. $87.97 Andrea Cox LES on file. FL--8/01/97 Brooks, Cassandra Ann Illegal Tax: Military Non-Resident. $29.19 & Craig Thomas LES on file. IL--4/21/2001 2. Follow up on noise abatement situation on Cliffdale Road/All-American Expressway. 3. Memo regarding matters related to Police Administration Building and Franklin Street. 4. Status report of streets under contract for resurfacing. 5. Copy of letter from S. F. "Sandy" Hall. 6. Letter from Lt. Louie Moore. 7. Blue Ribbon Panel on Air Service: minutes of January 8, 1997. 8. Airport Commission - minutes of December 1996. Councilmember Kendrick moved to adjourn the meeting, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. There being no further business, the meeting adjourned at 10:55 p.m. SPECIAL MEETING FEBRUARY 10, 1997 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING COUNCIL CHAMBER, CITY HALL FEBRUARY 10, 1997 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Joe Boyd, Information Systems Director David Nash, Planning & Development, Planner II Karen Musgrave, Assistant City Attorney Pete Piner, Fire Chief Jerry Wilson, Election Consultant Redistricting and Election Plan Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Pete Piner, Fire Chief, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins informed the Council that Mr. Billy Wellons, Sr., had died. He extended condolences to the Wellons Family. Councilmember Dempster moved to unexcuse Councilmember Smith, seconded by Councilmember Ross and carried unanimously by a vote of 9 to 0. Councilmember Smith had been excused from this meeting at the February 3, 1997, meeting. 1. APPROVAL OF AGENDA Councilmember Massey requested to add an item to the agenda. City Attorney Robert Cogswell stated that a special meeting is confined to the items advertised 48 hours prior to the meeting and no new items can be added. Councilmember Kendrick moved to change Item 2.A to Item 2.D and to change Items 2.B to 2.A, 2.C to 2.B, and 2.D. to 2.C, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. 2. Consideration of various actions regarding election and terms of Mayor and City Council: A. Consideration of various election plan options for election of City Councilmembers pursuant to N.C.G.S. 160A-101(6)b. (Amendment of City Charter by Ordinance). Mr. Jerry Wilson, Consultant, reviewed the various options available to the Council as an alternative election system. He introduced a new alternative plan in the nine single-member district with three at-large configuration, which would have four African-American majority districts in both population and voting age population. Mr. Wilson stated he had again talked with Justice Department officials who were adamant about there being no retrogression in minority representation on the Council as a result of this process. The effect of the Justice Department's mandate is that one-third of the total number of seats on City Council must be controlled by African-American voters. He informed Council that they must make a decision on their preferred structure for a redistricting plan. He stated it was his opinion the three multi-member district plan was a safe configuration; the nine single-member district was safe; and the nine single-member district with three at-large seats was less safe because the Department of Justice's scrutiny will center on the viability of the four districts that are majority black. A discussion was held on the effect of downtown growth on voting districts, the population of districts, the district boundaries as set out in Plan G1, the effect of the demographics of Fayetteville indicating that it is a racially integrated, and incumbent protection. Mr. Wilson responded to a question regarding the possibility of the Mayor voting on all issues by stating the Mayor would then be considered a member of the legislative body and would be used in the computation of the level of minority representation provided under the new election system. He stated, therefore, the at-large number of Councilmembers would need to be reduced in order to maintain the one-third requirement for African-American districts. The Council discussed the various options available and expressed their preferences for the structures to be submitted to the Justice Department. RESOLUTION OF INTENT TO CONSIDER AN ORDINANCE AMENDING CHAPTER III, "GOVERNING BODY", AND CHAPTER IV, "ELECTIONS" OF THE CHARTER OF THE CITY OF FAYETTEVILLE CREATING NINE (9) SINGLE-MEMBER DISTRICTS AND THREE (3) AT-LARGE SEATS ON THE CITY COUNCIL FOR ELECTION OF CITY COUNCIL MEMBERS. RESOLUTION NO. R1997-009. Councilmember Kendrick moved to adopt the resolution, seconded by Councilmember Smith. Councilmember Cheek requested to make a substitute motion to delay action until the issue of the Mayor's vote had been placed before the public in a public hearing forum. Councilmember Kendrick added to his motion that the public hearing should be held on February 24, 1997. Mayor Dawkins called for a vote and the resolution was adopted by a vote of 8 to 1 with Mayor Pro Tem Blackwell in opposition. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. Councilmember Cheek moved to set a public hearing for consideration of amending the Charter of the City of Fayetteville by ordinance and to consider a nine-member single district two at-large council with the Mayor having the authority to vote. Councilmember Kendrick seconded the motion. The motion was defeated by a vote of 5 to 4 with Councilmembers Torrey, Smith, Dempster, Massey, and Ross in opposition and Councilmembers Cheek, Kendrick, McBryde, and Mayor Pro Tem Blackwell in favor. B. Consideration of amending the Charter of the City of Fayetteville, by ordinance granting the mayor authority to vote on all matters pursuant to N.C.G.S. 160A-101(8). City Attorney Robert Cogswell stated this item had been taken care of by the vote on Councilmember Cheek's previous motion. C. Consideration of amending the Charter of the City of Fayetteville by ordinance to create four-year staggered terms of election for members of the City Council, pursuant to N.C.G.S. 160A-101(4). Councilmember Torrey moved to set the public hearing for a four-year non-staggered term, seconded by Councilmember Ross. A discussion was held regarding the term limits and the recall issue. The recall issue will be discussed at the February 17, 1997, meeting. RESOLUTION OF INTENT TO CONSIDER AN ORDINANCE AMENDING CHAPTER III, "GOVERNING BODY", AND CHAPTER IV, "ELECTIONS" OF THE CHARTER OF THE CITY OF FAYETTEVILLE CREATING FOUR-YEAR TERMS FOR THE ELECTION OF THE MAYOR AND MEMBERS OF THE CITY COUNCIL. RESOLUTION NO. R1997-010. Mayor Dawkins called for a vote on the motion to set the public hearing for February 24, 1997. The motion carried by a vote of 8 to 1 with Councilmember Cheek in opposition. Councilmember Kendrick moved to set a public hearing for staggered terms of four years for districts 1 through 6 and two-year terms for Mayor, three at-large members, and districts 7 through 9. Councilmember Cheek seconded the motion. RESOLUTION OF INTENT TO CONSIDER AN ORDINANCE AMENDING CHAPTER III, "GOVERNING BODY", AND CHAPTER IV, "ELECTIONS" OF THE CHARTER OF THE CITY OF FAYETTEVILLE CREATING FOUR-YEAR STAGGERED TERMS FOR THE ELECTION OF THE MAYOR AND MEMBERS OF THE CITY COUNCIL. RESOLUTION NO. R1997-011. The motion carried by a vote of 6 to 3 with Councilmembers Ross, Massey, and Torrey in opposition. Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1997. D. Consideration of submitting request to Cumberland County Legislative Delegation for authority to create multi-member districts as an election plan option pursuant to N.C.G.S. 160A-101(6)b. (Amendment of City Charter by Ordinance). An in-depth discussion was held by Council on the multi-member district configuration. Mayor Pro Tem Blackwell moved to hold a public hearing to discuss the three multi-member district plan and the Mayor's right to vote, seconded by Councilmember McBryde. After a lengthy discussion, the motion was defeated by a vote of 5 to 4 with Councilmembers Smith, Ross, Dempster, Massey, and Torrey voting in opposition and Councilmembers Cheek, Kendrick, McBryde, and Mayor Pro Tem Blackwell voting in favor. Further discussion ensued. Mayor Pro Tem Blackwell moved to set a public hearing to discuss multi-member districts on February 24, 1997, seconded by Councilmember Cheek. Councilmember Smith stated he could support the motion as stated to get public input on the multi-member district configuration. Councilmember Massey said he would support the motion to get public opinion but he did not want his vote to be interpreted as a support for the multi-member district configuration. Councilmember Torrey stated he was in agreement with Councilmember Massey. Mayor Dawkins called for a vote and the motion was carried by a margin of 7 in favor to 2 in opposition. Councilmembers Ross and Torrey were in opposition. Mayor Pro Tem Blackwell moved to hold a public hearing on February 24, 1997, to consider the Mayor's right to vote, seconded by Councilmember Cheek. The motion failed by a vote of 6 to 3 with Councilmembers Cheek, McBryde, and Mayor Pro Tem Blackwell in favor, and Councilmembers Smith, Torrey, Dempster, Kendrick, Massey, and Ross in opposition. NOTE: None of the foregoing Charter amendments may be enacted without a public hearing, after 10 days notice, and no earlier than the next regular meeting after the public hearing. Councilmember McBryde moved to adjourn the meeting, seconded by Councilmember Smith. Councilmember Cheek requested to investigate having City representatives set up appointments to discuss the removal of railroad tracks downtown while they attend the League of Municipality Conference in Washington, D.C., in March 1997. There being no further business, the meeting adjourned at 9:55 p.m. REGULAR MEETING FEBRUARY 17, 1997 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER FEBRUARY 17, 1997 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Karen Musgrave, Assistant City Attorney Jason Brady, Public Information Officer Kai Nelson, Finance Director Robert Barefoot, Recreation/Community Facilities Ron Hansen, Chief of Police Pete Piner, Fire Chief Craig Hampton, Administrative Services Director Frank Simpson, Inspections Director Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Reverend John T. Johnson, President of the Fayetteville/Cumberland County Ministerial Council and Associate Pastor of Lewis Chapel Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins read the Character Education Concept For February, 1997: Trustworthiness. 1. APPROVAL OF AGENDA Councilmember McBryde moved to approve the agenda, seconded by Councilmember Cheek. Councilmember Massey requested to add Item 13.C, an Executive Session to discuss personnel matters regarding the City Manager. Councilmember McBryde withdrew his motion and Councilmember Cheek withdrew her second. Mayor Pro Tem Blackwell requested to move Item 15.A, Report on proposed Fayetteville Public Works Commission Utility Systems Revenue Bonds, to Item 13.B. Councilmember Massey moved to approve the agenda, seconded by Councilmember Torrey. Councilmember Dempster requested to add Item 10.B, A discussion of the HUD Annual Community Assessment Summary and the Marvin Plan. Councilmember Dempster stated it was his intention to set a special meeting for both of these items. Mayor Pro Tem Blackwell asked Councilmember Dempster to withhold that change until everyone could see how the meeting would run. Councilmember Dempster stated that he still wanted the item on the agenda. Mayor Dawkins called for a vote on the approval of the agenda with the additions of Item 13.C, Executive Session to discuss personnel matters regarding the City Manager and Item 10.B, Discussion of the HUD Annual Community Assessment Summary and the Marvin Plan, and to move up Item 15.A to Item 13.B. The agenda was approved by a vote of 6 to 3 with Councilmembers Cheek, McBryde, and Kendrick in opposition. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Mayor Pro Tem Blackwell requested to pull Items 2.D, and 2.J, and Councilmember Smith requested to pull Item 2.M. Councilmember McBryde moved to approve the consent agenda with the exceptions of 2.D, 2.J, and 2.M, followed by a second from Councilmember Dempster. The consent agenda and following items were unanimously approved by a vote of 9 to 0: A. Approve minutes of regular meeting of January 6, 1997. B. Approve minutes of regular meeting of January 21, 1997. C. Approve minutes of special meeting with Cumberland County Legislative Delegation of January 27, 1997. D. (Pulled for discussion) E. Approve minutes of regular meeting of February 3, 1997. F. Approve tax refunds over $100. Taxpayer's Name Nature of Clerical Error Amount Spinx Oil Company, Inc. Filed amended 1995/1996 Business $580.48 Listings to correct assessments Costello, Shawn Thomas & Illegal Tax: Military Non-Resident. $216.81 Jean McCall Fully exempt for 1995. 1/2 exempt for 93&94. MO--6/8/99. LES on file. Quick Stop Food Mart Removed CCC (Business Personal) $625.84 Picked up COP. Quick Stop Food Mart CCC deleted (Charged as Business $154.38 Personal) Picked up COP. McDonald Lumber Co. Deleted CCC (Charge as Business $345.21 Personal) Added COP. McCauley & McDonald CCC charged as Business Personal. $388.14 Investments G. Adopt resolution setting public hearing for March 17, 1997, to consider the closing of a portion of Cunningham Street. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF CUNNINGHAM STREET. RESOLUTION NO. R1997-012. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. H. Approve Lease Agreement with Cape Fear Studios, Inc., for space in the Farmers' Market. I. Approve the following finance matters: 1. Authorize City Manager to execute a program grant agreement between NCDOT and City of Fayetteville for the purchase of three (3) replacement buses. On February 20, 1996, City Council authorized the submission of an application to NCDOT for the purchase of three replacement buses. The Federal Transit Administration (FTA) has awarded funds to the NCDOT in the amount of $624,000 for the purchase of three buses. The match requirement of $156,000 will come from the State; therefore, there are no local funds involved in this purchase. 2. Adopt Capital Project Ordinance 97-4 (FY96 FTA Section 3 - replacement buses). J. (Pulled for discussion) K. Approval of documentation to formally accept the following streets for City maintenance: Potomac, Roanoke and a portion of Delaware. L. Authorize Mayor to sign certification authorizing matching funds for a Parks and Recreation Trust Fund grant application for Cliffdale School Park. M. (Pulled for discussion) N. Adopt resolution pursuant to N.C.G.S. 160A-31(c) fixing a date for a public hearing for a petition-initiated contiguous annexation area (Lafayette Plantation Mobile Home Park - Wildwood Drive.) (Recommended Public Hearing Date: March 3, 1997) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE PURSUANT TO N.C.G.S. 160A-31(C) FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED CONTIGUOUS ANNEXATION AREA. (LAFAYETTE PLANTATION MOBILE HOME PARK, WILDWOOD DRIVE.) RESOLUTION NO. R1997-014. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. O. Authorize City Manager, Deputy City Manager and Finance Director to execute certain contracts with GE Capital Public Finance for the lease purchase of FY97 police vehicles. 2.D. Approve minutes of regular meeting of January 27, 1997. Mayor Pro Tem Blackwell requested that a correction be made in the minutes on page 523. He requested that the language be changed from "officer's of civil rights" to "office of civil rights." Mayor Pro Tem Blackwell moved to approve the minutes, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. 2.J. Adopt Order authorizing the Tax Collector to advertise tax liens. Mayor Pro Tem Blackwell requested to know if the dollar amount to be advertised was for City taxes or City and County taxes combined. Mr. Kai Nelson, Finance Director, said he did not know but that he would check into it and get back to Council. RESOLUTION AUTHORIZING ADVERTISEMENT OF UNPAID TAXES. RESOLUTION NO. R1997-013. Mayor Pro Tem Blackwell moved to adopt the resolution, seconded by Councilmember Dempster and carried unanimously by a vote of 9 to 0. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. 2.M. Approve award of contract for construction of a parking lot at College Lakes ballfields to Wellon's Construction, Inc. (Dunn, NC), lowest responsible bidder in the amount of $93,264.00. Bids received were as follows: Wellons Construction, Inc. $93,264.00 Barnhill Contracting Co. $96,619.52 ES&J Enterprises, Inc. $103,708.00 Councilmember Smith inquired about the difference in the dollar amount of the City's estimate and the lowest bidder. Mr. Roger Stancil, Deputy City Manager, explained that the City figure was only a projection of the possible cost of the project. Councilmember Smith moved to award the contract, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 9 to 0. 3. PUBLIC HEARINGS: A. Consideration of adoption of an ordinance to extend the corporate limits of the City of Fayetteville, NC. (Petition-initiated contiguous annexation area - Cumberland County North Regional Library Site to be constructed on the southeastern corner of the intersection of Rosehill Road and McArthur Road). Deputy City Manager Roger Stancil presented this item. This is the advertised public hearing set for this date and time. The public hearing opened at 7:21 p.m. Appearing in, favor of the annexation was Neil Yarborough, County Attorney, 117 Dick Street, Fayetteville, North Carolina. Minister Eronomy Muhammed, 1207-D Murchison Road, Fayetteville, North Carolina, stated that he had signed up in opposition but had changed his mind and was now in favor of the annexation. There was no one further to speak either in favor or opposition. The public hearing closed at 7:23 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (CUMBERLAND COUNTY NORTH REGIONAL BRANCH LIBRARY SITE - TO BE CONSTRUCTED ON THE SOUTHEASTERN CORNER OF THE INTERSECTION OF ROSEHILL ROAD AND MCARTHUR ROAD.) ANNEXATION ORDINANCE NO. 97-02-419. Mayor Pro Tem Blackwell moved to adopt the ordinance, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. A copy of the foregoing ordinance is on file in the City Clerk's office in Annexation Book 1997. B. Consideration of adoption of resolution ordering the paving without petition of Distribution Drive from Country Club Drive to the northeast corner of the Healy property. Assistant City Manager Jimmy Teal presented this item. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition. The public hearing opened and closed at 7:25 p.m. FINAL RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF: DISTRIBUTION DRIVE FROM COUNTRY CLUB DRIVE TO THE NORTHEAST CORNER OF THE HEALY PROPERTY-(TAX PARCEL NUMBER 0429-42-2733.) RESOLUTION NO. R1997-015. Councilmember Kendrick moved to adopt the resolution, seconded by Councilmember Cheek and carried unanimously by a vote of 9 to 0. A copy of the forgoing resolution is on file in the City Clerk's office in Resolution Book R1997. 4. Case P96-122F. Consideration of the rezoning from R10 Residential District to C3 Heavy Commercial District, C1 Local Business District and to R6 Residential District or to a more restrictive zoning classification for an area located at 805 Cain Road, a portion of the property located west of Cain Road and north of 805 Cain Road, and a portion of the property located west of Cain Road and north of Tally-Ho Drive. Containing 3.47 acres more or less and being the property of Gary M. & Sharlyn M. Logan; David B. and Wanda Allen Herring and Leon and Ella Baxley Allen, Sr.; and David B. Herring and Leon Allen, Sr., respectively as evidenced by deed recorded in Deed Books 3607, Page 438, Book 3440, Page 660, Book 3050, Page 480 respectively, Cumberland County Registry. Assistant City Manager Jimmy Teal presented this item. Mr. Teal stated the Council could either approve the rezoning or set a public hearing. He presented Council with a petition against the rezoning. Councilmember Cheek moved to table this item and refer it to the City Planning Commission for a study of the Cain Road corridor. Councilmember McBryde seconded this motion. The motion carried unanimously by a vote of 9 to 0. Councilmember Cheek requested that the neighborhood be included in the study as it was being made. 5. Case P96-131F. Consideration of the rezoning from R6 Residential District to P2 Professional District or to a more restrictive zoning classification for a portion of the property located east of Cain Road and west of Beech Street between Rogers Drive and Imperial Drive. Containing 2.97 acres more or less and being the property of Heart of Fayetteville Motel, Inc., and Frank P. and Carolyn H. Stout, as evidenced by deed recorded in Deed books 3315, Page 506; Book 3361, Page 572; Book 2109, Page 350; Book 2084, Page 445; and Book 4105, Page 524 respectively, Cumberland County Registry. Assistant City Manager Jimmy Teal presented this item. Councilmember McBryde moved to table this item and refer it to the Planning Committee for a study of the Cain Road corridor, seconded by Councilmember Kendrick and carried unanimously by a vote of 9 to 0. 6. Consideration of approval of technical service agreement with the NC Department of Correction (DOC) to allow DOC to operate radios on the City's 800 Mhz trunked radio system. Deputy City Manager Roger Stancil presented this item. He recommended authorizing the City Manager to execute the agreement. Councilmember McBryde moved to approve, seconded by Councilmember Kendrick and carried unanimously by a vote of 9 to 0. 7. Consideration of costs involved in requirements relating to the commercial containers section of the Landscape Ordinance: A. Amendment to contract with Waste Management. B. Adoption of budget ordinance amendment. Deputy City Manager Roger Stancil presented this item. Mr. Stancil stated that after the Appearance Commission recommended the Landscape Ordinance not be amended to remove the requirements for gates on the required enclosures around commercial solid waste containers and the Council had concurred on February 3, 1997, he had met with ARS/Waste Management regarding the issue. Mr. Stancil stated the ARS proposal for an adjustment to compensate for their cost in closing the gates would increase the cost to the City for one pickup a week by $.28 per cubic yard. The charge to customers for supplemental services would increase by the same amount. The additional cost to the City would be approximately $15,150 per month, which comes to $60,600 March 1 to June 30 when the current contract ends. He stated if Council approved the proposed amendment, ARS would immediately adjust their operating procedures so that gates would be closed. The City's cost would be $60,000 to $75,000. Mr. Stancil stated if Council wished to keep the landscape ordinance intact and require the City's contractor to open and close the enclosed gates, he recommended approval of the contract amendment in the budget ordinance amendment appropriating funds from the fund balance. Councilmember Cheek stated her recollection was that Council would make a decision on this issue when they had received the cost data from ARS/Waste Management. She stated because the cost would be at least a 50 percent increase, she was making a motion to have a draft prepared amending the landscape ordinance to take off the requirement there be a gate on the side where the vehicle has to get access and to include guidelines that encourage owners to orient in the least conspicuous way the ungated site of the container. Councilmember McBryde seconded the motion. A discussion was held regarding ARS/Waste Management's increased fees, alternative solutions that would be less costly to the City, the increased liability of ARS, and the penalties which could be invoked for noncompliance. Councilmember McBryde removed his second and moved to send the issue back to staff and to hold off in citing any violation until a solution can be found. Councilmember Dempster seconded the motion. Deputy City Manager Roger Stancil clarified that there would be no additional cost incurred by the City at this point. Mayor Dawkins called for the vote and the motion carried unanimously by a vote of 9 to 0. 8. Consideration of matters related to the Police Administration Building and Franklin Street. Deputy City Manger Roger Stancil presented this item. A. Change Orders (Lobby) Deputy City Manager Stancil stated the staff recommends doing the minor internal building changes which allow the City to meet code requirements not met when the original connected lobby was eliminated from the construction contracts. Mr. Stancil stated these changes will allow meeting the code with minimal impact on building and departmental operations. He recommended that Council authorize the contract change orders totaling $17,287.36 to accomplish the recommended building revisions. B. Change Orders (Construction changes) Mr. Stancil stated during any major construction project, unknown conditions must be dealt with which have an impact on the construction contract. A major example in this contract is the amount of fill needed to replace the bad soil. Mr. Stancil stated a good deal depends on a proper foundation and he recommended the Council authorize contract change orders totaling $71,984.31 to cover the construction changes identified to this point. As other changes occur he will return to the Council for action. C. Change Orders (Pittman Street) Mr. Stancil stated the elimination of the original lobby requires a rethinking on Pittman Street. The staff's recommendation of using Pittman Street as a driveway to the parking lot in the rear of the property would result in savings to the contract. Mr. Stancil recommended the Council authorize contract change orders totaling approximately $25,000 in contract reduction. D. Change Orders (Contract Cap - Floor Tile) Deputy City Manager Stancil stated the recommended change orders would place the project at approximately $27,000 over the Council's cap of $7,750,000 for the project. He stated in order to keep the cost below that cap he was recommending authorization of a change order eliminating the terrazzo floor and replacing it with porcelain tile. The terrazzo tile was added during final Council consideration of the award of the construction contract. This change order would result in contract savings of $32,775. A discussion was held. Councilmember Kendrick moved to approve the change orders as recommended at A, B, C, and D, seconded by Councilmember McBryde. After a discussion on the terrazzo tile in the lobby Councilmember Kendrick amended his motion to the approval of items A, B, and C only. Councilmember McBryde concurred. Further discussion ensued regarding the changes and the project cap overage. Councilmember Kendrick made a substitute motion to come back in two weeks after looking at the project to see what reductions could be made. Councilmember Dempster seconded the motion. Further discussion was held. Mayor Dawkins called for a vote on the substitute motion. The motion failed by a vote of 5 to 4 with Mayor Pro Tem Blackwell, Councilmembers McBryde, Cheek, Massey, and Ross in opposition and Councilmembers Smith, Dempster, Torrey, and Kendrick in favor. Mayor Dawkins called for a vote on the original motion to approve Items A, B, and C. The motion carried by a vote of 6 to 3 with Councilmembers Smith, Kendrick, and Dempster in opposition. The terrazzo tile will remain in the lobby. 9. Discussion of Cliffdale Interchange at All American Expressway. (Requested by Councilmember Mark Kendrick) Councilmember Kendrick requested to address the Council on this item. He moved to have management look at possible noise abatement procedures for the Westwood area in conjunction with what the North Carolina Department of Transportation had proposed for the area. He requested that a report be brought back to Council on the findings. Councilmember Cheek requested to make a friendly amendment that at the same time of the review that the City address a communique to Senator Shaw, Chairman of the Transportation Committee, and explain the City's plight, the neighborhood's plight, and the history about the walls and the implication that they would be installed. Councilmember Cheek asked the letter to include a request for help in finding funds for this project. Councilmember Kendrick accepted the friendly amendment. Mayor Pro Tem Blackwell stated that he had the impression at the last meeting that the North Carolina Department of Transportation had indicated they would build a retainer wall in the place of the noise abatement wall. He asked the staff to look into that possibility. Mayor Dawkins called for a vote on the motion. The motion carried unanimously 9 to 0. 10. A. Discussion of Community Development Division. (Requested by Councilmember Ida Ross.) Councilmember Ross stated she did not know so many good things were being done and that HUD could do so much for the neighborhood programs to help the poor. Councilmember Dempster stated that in all fairness to the staff, he had decided to talk with Assistant City Manager Ben Brown about his concerns and if he still had questions he would come back and discuss them with the Council. Mayor Pro Tem Blackwell inquired about discussions of the HUD Annual Community Assessment Summary. He stated he would contact Assistant City Manager Ben Brown for answers to his questions. B. Consideration of Special Meetings to Discuss the HUD Annual Community Assessment Summary and the Marvin Downtown Plan. Councilmember Dempster stated he would like to set a referendum as soon as Mr. Marvin gets the total cost of the downtown project. Mr. Dempster stated his concern was that the public needed to know what is going on. He also stated he thought the planning process should begin now in order to put this item before the people as soon as possible. Mayor Pro Tem Blackwell stated that he did not want to do anything until the total cost of the project had been determined and he felt the contract with Mr. Marvin should be honored. Councilmember Ross stated she felt the referendum should have been held before any monies had been spent. Councilmember Kendrick stated it had always been his understanding this issue would be put before the voters in referendum form when the project cost had been determined. Councilmember McBryde stated he agreed with Mayor Pro Tem Blackwell and Councilmember Kendrick but felt the public needed to be educated before a referendum was held. Councilmember Dempster stated he felt we needed to start planning the referendum before spending any more dollars. The public needed to know that they would have input on this issue. Discussion ensued regarding the education of the public and the involvement of the public in the planning of this project. Councilmember Cheek stated there were people available who would like to meet with concerned citizens and would be glad to respond to their questions and provide information. 11. Consideration of amendments to the Fayetteville City Charter to include provisions for authority for recall vote. (Requested by Councilmember Breeden Blackwell) Mayor Pro Tem Blackwell requested this item. He asked City Attorney Robert Cogswell to list the steps in the recall process. Mr. Cogswell stated (1) the Council must make a decision as to what process they want to take, (2) they then ask the Cumberland County Legislative Delegation to introduce a bill to amend the City of Fayetteville Charter, and (3) if the bill passes the Justice Department must then approve the plan before it is effective. Mr. Cogswell further stated that citizens also have the right to petition the Legislative Delegation for the recall. This action does not require that City Council be involved. Councilmembers Ross, McBryde and Cheek expressed their support for the recall issue. Councilmember Cheek stated she knew the citizens were working on a recall project and expressed her desire to question Mrs. Pattie Monroe about their progress. Mrs. Monroe thanked the Council and stated that a petition was being sent to the Cumberland Legislative Delegation to ask for the right of recall in the City of Fayetteville. She stated she wanted to clear up any misunderstandings and this action was not being directed at any one member of City Council. It was an attempt to maintain the citizens' integrity, the election process as a whole, and the citizens' ability to protect their City and their government. She asked the Council to look at this issue from a citizen's point of view which is especially important because the Council is considering four-year terms. She asked the Council to show their unified support to the Legislative Delegation. Councilmember Ross stated she had sent a copy of a hate letter to the Attorney General. He had told her to send a copy to the Postmaster General and the State Human Relations Commission because this was an illegal act and a federal offense. Mayor Pro Tem Blackwell moved to authorize the City Attorney to do the necessary work to bring back to Council recall for the City Charter. Councilmember McBryde seconded the motion. Councilmember Dempster stated he thought a dangerous precedent was being set when certain segments of the population of the City that felt someone was making a wrong decision could use this system to get out erroneous information and then try to remove a person from office for doing his job. He inquired of Mr. Cogswell how much money had been spent by the City in protecting itself from being sued by the EEOC. Mr. Cogswell stated he thought the figure was approximately $12,500 for five separate cases. Mr. Dempster stated the only thing he and four other members of the Council have done was vote to protect this City from a third lawsuit involving the Police Department and if that was the reason a person was going to be removed it was a dangerous precedent. Councilmember Kendrick stated he had signed the petition for recall and it meant that he could be recalled like anyone else. He stated there are 16 cities in North Carolina who have recall authority and he thought the citizens of Fayetteville also have the right for recall. Councilmember Massey thanked Mrs. Monroe for the spirit of what she said. In that same spirit he stated he would like to add the whole process of an election, which is the existing process, gives the voters the right now to deal with recall. The whole process of term limits is another element used to assure that citizens have the right to recall, and every time a citizen casts his ballot he, in fact, deals with recall. In response to an inquiry by Councilmember Massey, Mrs. Monroe stated the intention of her group was not to disagree with the way the Councilmembers vote but to deal with willful misuse of power and public trust. She stated the process of recall is long and defined and it would not allow something to happen at the whelm of one person. The perimeters can be designed to keep this from happening. She asked that the citizens not be denied their right of recourse. Mr. Cogswell asked for clarification as to whether the Council wanted multiple options for recall submitted to them. He received an affirmative answer. Mayor Dawkins called for the vote. The motion failed by a vote of 5 to 4 with Councilmembers Kendrick, McBryde, Blackwell and Cheek in favor and Councilmembers Smith, Torrey, Dempster, Massey and Ross in opposition. Councilmember Cheek asked to reply to a statement previously made by Councilmember Dempster about the EEOC. She stated it was her understanding the EEOC was an independent and neutral investigating body for the protection of the individual employee. The service is free and the EEOC looks thoroughly into the facts, and it is their federal mandate to make sure that employers are behaving properly. The costs referred to by Mr. Dempster were incurred in getting the materials that are necessary to go with this investigation. It is at no cost to the employee who has filed the claim, and therefore, the costs must be paid by the City. Councilmember Dempster stated he wondered how much per hour we are paying the attorney to protect this entity. Mr. Cogswell stated he thought it was $185 per hour. Mr. Dempster stated the purpose of the independent investigation was to keep the expenses within the $10,000 so we could protect the City from $185 per hour fees. 12. Discussion of the Police unions. (Requested by Councilmember Robert Massey) Councilmember Massey requested clarification on unions. He stated that it was his belief that historically unions came into being where there was a perception of abuse by management and they were formed to protect the rights of the employees. He stated that one of his concerns was that it had been reported that the union being formed was designed to protect the employee if is there was an attack on the professionalism within the police Department. Councilmember inquired what impact would the union have on the the investigation of this department. City Manager John Smith stated that it would have no impact because the North Carolina Statutes prohibit the recognition of unions as collective bargaining agents. He stated that employees are free to join any organization they wish to join. The policy of the City Manager was not to recognize any organization or outside agencies as representatives of city employees for collective bargaining. Payroll deduction is not allowed for dues to these organizations. Councilmember Massey stated he did not have a problem with people joining organizations that they feel would further their aims but he did have a problem if that organization ended up being a vehicle or tool that would prevent the Council from getting at whether or not we need to fix something we have in the current system. City Manager Smith stated he would be concerned about that with any union. Verbatim: Dawkins: We thank you for all your patience. What we're going to do in just a few seconds, when we get all councilmembers seated, of course we'll go to Item . . . Actually it's . . . We have 13.A., 13.B., and 13.C. Of course 13.C., it'll have to be a vote on that. This is a closed session regarding personnel and regarding our City Manager. But . . . Blackwell: Mr. Mayor, would . . . Would you consider us dealing with B, the revenue bonds, and if the Council would agree, and let's get that out of the way? Dawkins: Well, Mr. Cogswell, can we, the agenda's been set, can Council move up B to A? Blackwell: If it's going to be improper, I'll wait. Dawkins: It's in reference to public works. Cogswell: I think you better stick with what you've [inaudible]. Blackwell: That's fine. Thank you. Dawkins: Mr. Cogswell feels we need to stick A, B, C. 13.A. Consideration of selecting a special investigator or consultant to implement the investigation approved by the City Council on January 27, 1997. (Requested by Councilmember Robert Massey) Dawkins: Consideration of selecting a special investigator or consultant to implement the investigation approved by the City Council on January 27, 1997. This was requested by Councilmember Robert Massey. So Mr. Massey, we'll go to you. Massey: Okay, thank you Mr. Mayor and Council. In the process of trying to get this investigation off of square zero, we sought to try to gain input from all Council persons as it would relate to finding someone that we perceive to be as unbiased as possible; and as I personally sought to try to find someone that was unbiased, I . . . you know, I thought from the very beginning that my intent was to find someone that was unbiased and that had experience in these kinds of areas, and to some degree still feel that I have found someone in that capacity. But I would like to raise a question to whether it be the staff or any member of Council or Police Department before I offer a motion, that if there is any compelling evidence . . . What I have done is provided each Council person with a copy of a letter that I have received from Mr. Melvin L. Tucker, as I requested on February 1, and of course he relayed several [inaudible]. [inaudible], when I talked to him after we had decided that we would go down this road, I specifically asked him was there any direct or indirect contact with the, with a union--particularly the Police Benevolent Association--and of course he responded, especially as we look at the last paragraph on page two, but there is some other things which he also responded in the letter he responded verbally over the telephone, but then he followed up with a correspondence which I have shared now with each Council person, the press, and the various staff people. Now, before I go forward with a motion, if there is any evidence . . . and I understand just from hear grapevine that there've been people who have been seeking information pro or con as to whether or not this individual would or would not be the best person for the job. And I would ask anybody on our existing staff and/or Police Department and/or Council if they have anything that would concretely tend to imply that this particular person could not be or would not be objective, I would like to hear it before I go forward with the motion. Dawkins: All right, Mr. Massey, of course we can ask if any councilmember or if any staff have anything. Well, let's go to Councilmember Cheek. Cheek: Okay. Mr. Mayor and Council. It's my understanding that, or Mr. Tucker does say in his letter, seeming, in both the credentials and the letter, seeming to really not have any familiarity with the Police Department, and it's my understanding that he has been involved in cases, or has been potentially involved in cases, as an expert witness mentioning the Police Department, and so therefore he does have familiarity, must have some familiarity with the Police Department since he was going to be an expert witness mentioning the Police Department; and I'm certainly no lawyer to get into exactly what his stance was other than it was against the City of Fayetteville for one thing and so this to me, maybe the appearance, well it is the appearance of since he already has familiarity with this area, then I think it would be better to have someone who is neutral and has no appearance because they've been involved in things with this particular body that's being investigated. Massey: Mr. Mayor and Council, if I would just respond . . . Dawkins: All right. Massey: . . . to Councilmember Cheek's observation. The word potentially involved leaves one to really question, when lawyers, or people engaged in the legal profession, have a list of professionals that they need to be able to extract or pull someone from. Any number of people could potentially be involved. If there is any concrete evidence that Mr. Tucker has in effect actively worked, actively sought, or actively was called on by a lawyer, whatever the case might be, to have operated in a capacity that would destroy his objectivity. This is what I want to get some kind of input on, I think Mr. Smith might have made some reference to some concerns which he might have had in a radio broadcast and if he would just, I would like to just kind of get some clarification . . . ________: [inaudible] Massey: . . . from that vantage point as well. Dawkins: If . . . Of course, Mr. Kendrick wants to speak. Massey: Sure. Dawkins: After you. All right. Let me go to Mr. Kendrick. Kendrick: Mr. Mayor, it looks like we're debating a motion as it stands now and a motion has not been made. I think . . . If think if we need to debate something, we need to have a motion on the floor unless you're going to change parliamentary procedures Mr. Mayor . . . Dawkins: No. Kendrick: . . . but I think a motion needs to be made on the floor and then debate it. Dawkins: Mr. Massey had asked, but he had said he planned to make a motion but he wanted to know, Mr. Kendrick, if there was any objection or any knowledge by anybody before he made the motion. Kendrick: Mr. Mayor, normally in a motion that's . . . Dawkins: I'm familiar . . . Kendrick: . . . not the proper procedure. Dawkins: Yes, I'm familiar with that and had discussed this with most of the Council and they felt like that in this particular case they would like any information on that. Massey: Excuse me . . . Dawkins: I'm going . . . Massey: If I could, just before Mr. Smith. I have several options that I'm looking at. My intent, my intent as a Council person is to try to create or come up with some objectivity in this entire process. To put a motion out there at this particular point and time when these options are still available, I would just simply like to get . . . and if you insist that a motion be there, I can go ahead and put one there and entertain [inaudible]. Dawkins: All right. Normally it is correct we need to debate motions. But I think that because of this particular issue where there may be possibly more than one, I'm going to . . . Mr. Smith, if you would like to respond . . . Cheek: Mr. Mayor, I'd like to move that we cease discussion of this item since we're not following parliamentary procedure. Dawkins: All right. Kendrick: Second. Dawkins: We can. It was discussed by Councilmembers that some information would be forthcoming and so now the Chair . . . Mr. Smith, if you'll just sort of stand by. [LAUGHTER FROM AUDIENCE.] Dawkins: All right. Been standing, been standing. All right. So we can get aboard because we're going to have the discussion. Mr. Massey, I'll entertain a motion. Massey: Thank you Mr. Mayor. I would like to, after reviewing the data that was submitted to the Fayetteville City Council, I would like to make a motion that this Council select Mr. Melvin L. Tucker as investigator and Attorney Cheryl D. Grant as special counsel. Ross: I second. Dawkins: All right, that's a second by Mrs. Ross. Now Mr. Smith, Mr. Massey . . . McBryde: I didn't understand the attorney. Dawkins: All right, would you go with that again Mr. Massey. Massey: All right. After reviewing the data that was submitted to the Fayetteville City Council, I would like to make a motion that this Council select Mr. Melvin L. Tucker as investigator and Attorney Cheryl D. Tucker as special counsel. Torrey: Cheryl D. Grant. Massey: Cheryl D. Grant. Thank you. Dawkins: Cheryl D. Grant. Cogswell: S-H, C-H, how do you spell that first name? Massey: C-H-E-R-Y-L and it's D G-R-A-N-T. Dawkins: All right, that's an attorney. McBryde: That was Thelbert's recommendation. Kendrick: Was that your recommendation Thelbert? Torrey: That's correct. Dawkins: And that's seconded by Ms. Ross. Ross: Second. Dawkins: All right. Now Mr. Smith, I'm going to Mr. . . . Mr. Massey you'd requested any information? Massey: Yes I did. Dawkins: All right. John Smith: Mr. Massey, I've a number of concerns regarding Mr. Tucker. Councilmember Cheek has touched on one. I think potential or perceived bias is a concern. As I had indicated several meetings ago in terms of the selection of a person or parties to do this investigation or review, I thought they should meet certain criteria. That was my recommendation, that they not have any potential or perceived bias in the matter and that they have the appropriate qualifications and expertise to do the necessary work. As I understand it--and quite frankly my information is frankly very incomplete--there have not been any complete background investigations done on any of the folks that have submitted resumes. We have . . . My understanding is that Mr. Tucker has been listed as a witness in at least three or possibly four lawsuits in Cumberland County. Massey: Listed as a witness. John Smith: Listed as a witness and provided an affidavit in one particular case against the Sheriff of Cumberland County, and I don't have a copy of that affidavit. In at least two of those cases, he was involved with Attorney Mike McGuinness. Mr. McGuinness has been involved in very several actions against the City and the County and was involved in an action against the City involving his own brother as a result of personnel actions with the Police Department. My concern frankly is Mr. Tucker's relationship with Attorney McGuinness and any preparation that he may have done or may have made in preparation for providing affidavits or testimony in the case of McGuinness versus the City of Fayetteville. Again, I think we're talking about potential bias, real bias or perceived bias, and I think if this investigation is going to be accepted by the public as a non-biased investigation, I think all of those kinds of issues need to be resolved. Secondly, I have some concerns with regard to the qualifications and judgment of Mr. Tucker, and I think these are matters that simply if he's to be selected, we should require some additional background research. For example, in one case in Cumberland County where an affidavit was filed by Mr. Tucker providing an opinion in a case in which his opinion was that the defendant in this case had violated the civil rights of the plaintiff. In that particular case, the judge threw the case out before it ever got to jury on the basis of law and apparently didn't put a whole lot of stock in the opinion of the witness that the civil rights had been violated. Mr. Tucker has been involved as a Police Chief in some legal actions. One with the Florida Commission on Human Relations involving employment practice with regard to a female employee. In that particular case, the department of Mr. Tucker was found to have violated the rights of the female employee. In fact, ruled that the Tallahassee Police Department had a hostile environment with regard to female employees. Mr. Tucker was the Chief at the time and testified at the hearing. Massey: [inaudible]? John Smith: I would question his judgment in this case that I understand that there was also another situation in the City of Asheville where the City of Asheville actually paid $100,000 out in settlements for claims filed by female employees. You know, I guess I have to raise the issue, and I think these things just need further investigation, that at least the record on just a very cursory review, it would seem to indicate that he has failed to see certain violations in his own administration but he has seen violations in other folks' administrations that the federal judge didn't see. I would have to be . . . I think any investigation conducted by Mr. Tucker of the Fayetteville Police Department would have to be suspect until we could thoroughly review these other situations. I think that . . . Quite frankly, I think if you review my record and if you review the record of Chief Hansen, the two of us have been involved in municipal administration and municipal government for, I guess combining it, well over fifty years. I have never been found liable in court. I have never been found by any state or federal agency to violate anybody's civil rights and neither has Mr. Hansen. So I think whoever investigates Mr. Hansen and myself at least ought to have the same qualifications. [APPLAUSE FROM AUDIENCE.] Dawkins: Thank you Mr. Smith. Mr. Dempster wishes to speak. Dempster: John, did your research indicate that Melvin Tucker sided with the chiefs just as often as he's sided against chiefs? John Smith: No I don't have any information on that. The cases I referred to he was the Chief. [LAUGHTER FROM AUDIENCE.] Dempster: Okay. Has the City management or any department heads authorized any funds to investigate Mr. Tucker? John Smith: No. Dempster: That didn't happen? John Smith: Any authorized funds? Yes, I, fact is, I certainly requested information regarding Mr. Tucker. His name had been raised. Dempster: Have you done that . . . John Smith: And a motion had been made and put on the table to hire Mr. Tucker as an investigator to investigate me and the Chief of Police. Dempster: So we hired an investigator to look into Mr. Tucker? John Smith: No I have not hired an investigator to look into Mr. Tucker. These are all a matter of public record. Dempster: Okay. John Smith: Everything that we have is a matter of public record. Dempster: Okay. Thank you. John Smith: It's all available by simply asking for the public records. Dempster: Thank you. Dawkins: All right. We do . . . I wanted one clarification, we'll go to some other councilmembers. I know Mr. Blackwell wanted to speak. Now in this motion Mr. Massey, was there any monetary amount? I know originally we had said something about $10,000, but was there any monetary for these two people in this motion? Massey: At this point and time we were going to wait to see number one, it would be premature to discuss monetary until we can find out whether or not we can agree on the individuals involved. Dawkins: All right. Massey: So rather than to spend time addressing the monetary amounts, I would try to first of all see if we can't come up with some individuals that would be mutually agreeable to everybody concerned. And, I, I do want to say that when we say the potential or perceived biased, I really wish we could get God to come down here and do this thing for us. But . . . [COMMENTS FROM AUDIENCE.] Dawkins: Mr. Massey, we're . . . Okay, thank you. Massey: And not being funny. Dawkins: Thank you. Massey: Not . . . Because . . . What I'm saying is this, what I'm saying is this. In an attempt to arrive at consensus, in an attempt to arrive at consensus, in an attempt to get an unbiased investigator in here, number one, there appears to be within this community some people, that no matter who we choose, that his role or her roles are going to be suspect, and something in other people minds it don't matter who we choose is not going to be suspect. But the bottom line still comes back to as I said early on that we're trying to find someone or someone, and this is why I hesitate to go with the motion. I said there are several options. I looked at . . . As I reviewed those packets, there are several individuals that I felt could do the job. I did not find any information that would tend to suggest that Mr. Tucker would not be fair and this is the only reason I came forward with this particular motion, and I do appreciate the data that you have provided Mr. Smith, which is a part as you say a public record and this would, if valid, and here again I would not dare question whether it's valid or not, but if validated tend to suggest that possibly there might be someone better qualified than Mr. Tucker to deal with this particular investigation. Dawkins: Thank you Mr. Massey. We have Councilmembers Blackwell and Torrey. In that order. Blackwell: Mr. Mayor, I'd like to offer a substitute motion, if I may. Dawkins: Yes. Blackwell: I'd like to offer, move that any person or persons selected by the Fayetteville City Council, to conduct the investigation approved by the City Council on January 27, 1997, be a unanimous choice of the Council. [COMMENTS FROM AUDIENCE.] Dawkins: Mr. Cogswell, help me. ________: [inaudible]. Dawkins: Well that's a motion. McBryde: Yes, I second it. Dawkins: Mr. McBryde seconds. [LAUGHTER FROM AUDIENCE.] McBryde: [inaudible] investigation. Dawkins: Okay. Blackwell: Then I'd like to speak. Dawkins: Mayor Pro Tem. All right, we do have a substitute motion. Mr. Torrey we'll be to you in a minute. I'm going back to the maker of the motion, he'd like to speak to it. Blackwell: I sure would. Thank you Mr. Mayor. I think that may be an impossible motion and we'll see in a minute when it's voted on, but let me say the reason I say that. Everyone's talking about consensus and everyone's--not everyone--but the word consensus has been given here tonight. I think first of all, whomever we select or how many ever persons we select, the public must have confidence in the person or persons. We have to have an unbiased person. We have to choose the person . . . [END OF TAPE] Blackwell: . . . to do the very best job. I have never said that there's not a problem. It's been a highly charged issue and people want us as a Council to be calm and deliberate in this matter. There've been a lot of votes, and a lot of the votes taken by the Council were in reference to Mr. Massey's motion, and I think it was not in reference to the scope of the motion, but a lot of the votes were in reference to the scope of the motion and not the motion itself. I'd like for Council to reflect back to an original plan to hire an independent counsel, and I still support that, to hire an independent counsel. I said before and I will say again, if something's wrong, let's look at it, let's correct it, let's clear it up. If nothing is wrong, let's announce nothing's wrong and let's move on with the issue. I have never opposed an independent counsel. You voted for that. Majority ruled on January 27, you voted for that. All I'm asking for tonight, and we may not be able to do that tonight, is if we can come together to choose one or two persons that can conduct this investigation that's been authorized by the majority of Council. Now let's say we can't have a unanimous vote, this is the second part I'd like to speak to Mr. Mayor. Let's say there's not a unanimous selection--it's very clear that we're divided on the issue five to four--then all I would request is this, let's have two people if we've got to have investigators. Let's let the prevailing side choose one and the minority side choose one. [COMMENTS FROM AUDIENCE.] Dawkins: All right. We will . . . Blackwell: And then I'm prepared to submit one or two names of people that I think will be unbiased also. Thank you Mr. Mayor. Dawkins: Thank you very much and we have a number of--well of course the audience doesn't know that--but we have looks like many qualified people of course. Now, Mr. Torrey, we do have the motion and the substitute on the floor, and of course basically what it is Mayor Pro Tem has stated that he would like for who or, if more than one, that it be a unanimous vote. Mr. Torrey? Torrey: None. Dawkins: Okay. All right, is there any other discussion on the substitute which is being asked that it be a unanimous vote? Mr. Dempster. Dempster: Real quickly Mr. Mayor. Dawkins: Yes. Yes sir. Dempster: Did I hear Mayor Pro Tem say that you voted for the independent investigation? Blackwell: No. Dempster: Okay. I'm . . . Blackwell: Let me clear up exactly what I said . . . Dempster: Thank you. Blackwell: . . . Mr. Dempster since you ask me. The motion that I made was for an independent counsel to come in and look. That was defeated five to four. That was the motion that Mr. McBryde made that I amended . . . Dempster: Okay. Blackwell: . . . to look into the hiring practices, the promotion practices of the Fayetteville Police Department. Now the record will state exactly what I said. Dempster: Thank you. Blackwell: And the vote was five to four. Dempster: You're right. Blackwell: But an independent counsel is a term that I would rather use than an investigator, and the persons that I had in mind Mr. Dempster were two highly qualified attorneys in this state with impeccable credentials and . . . Torrey: In your opinion. Blackwell: . . . I never got to put their name before the group, either one of the names, because it was a five to four vote. Dempster: Right. Dawkins: All right. Thank you very much. Dempster: Thank you. Dawkins: I'll ask for your vote. This is an attempt to have the person chosen to be unanimous. All right. The vote is Ross, Massey, Dempster, Smith and Torrey in opposition. Cheek, Blackwell, McBryde, and Kendrick in favor. Now, of course, Mr. . . . We'll go back and discuss the original motion. Mr. Torrey. Torrey: Mr. Mayor, I probably will ask Mr. Massey if I could put in a friendly motion. Would you . . . Dawkins: Go ahead Mr. Massey. Torrey: Mr. Massey, since Mr. Tucker doesn't fly, I have a motion that I'd like to place before the board, this prestigious board. I would like to, after consideration of selecting a special investigator or consultant to implement the investigation approved by this Council on January 27, 1997, and after reviewing the data that was submitted to the Fayetteville City Council, I would like to make a motion that this Council select Mr. Ronald V. Hunter as investigator and Attorney Cheryl D. Grant as special counsel. Ross: Second. Dawkins: All right. Mr. Cogswell, I can take that you might help me here. There's a substitute. Of course, Mr. Massey and Ms. Ross seconded on Mr. Tucker and Ms. Grant. Cogswell: Are you asking? You just want a friendly amendment and I'm not . . . Dawkins: But I think he wants to make a motion. Cheek: A substitute motion. Torrey: I'd like to make a motion. Cogswell: Is that a substitute motion? Dawkins: Yes, a substitute motion. Torrey: Yes. Cogswell: That you would strike Mr. Tucker and insert . . . Dawkins: Ronald V. Hunter. Torrey: Ronald V. Hunter. ________: Which one is he. ________: [inaudible] Dawkins: And then was also the other part of that Mrs. Grant, Cheryl? Torrey: Mrs. Cheryl D. Grant as . . . Dawkins: Cheryl D. Grant. Torrey: . . . special counsel. Dempster: Mr. Mayor. Dawkins: All right. We'll get to discussion. I have Councilmember Cheek first and then Dempster. But I want to hear from Mr. Cogswell. Dempster: Who [inaudible]? Dawkins: I want to make . . . There had been some discussion here on--and I know this was a little unusual on how we were doing this--but we'll do it by the motions. I'm asking Mr. Cogswell, of course, can this substitute . . . ________: [inaudible]. Dawkins: . . . come into play? Blackwell: He nominated. He submitted [inaudible]. Dawkins: It's the first time we've ever done it. Blackwell: He understood that they were [inaudible]. Dempster: We need to find out who solicited him. Dawkins: What Mr. Cogswell is trying to find out is on a motion and the substitute, there's some pretty strict guidelines there. The possibility we might have to vote up or down the original motion and come back to this motion. Torrey: That'll be fine Mr. Mayor. Dawkins: All right. Okay. McBryde: [inaudible]. Cheek: He could withdraw. Dawkins: That may be that could be . . . Torrey: May be he will [inaudible]. Cogswell: The rule of thumb is and . . . Massey: Mr. Mayor. Cogswell: . . . what I have interpreted is basically your . . . Massey: I could just simply withdraw my motion and allow Mr. Torrey's motion to go forward. Dawkins: Yes. Cogswell: That solves the procedural issue. Thank you. Massey: I will withdraw my motion in deference to . . . Dawkins: All right [inaudible]. Massey: . . . in deference to Mr. Torrey's motion. Dawkins: All right, Mr. Massey, Ms. Ross and Ms. Ross withdraws her second. All right, so the . . . So now the motion on the floor . . . Massey: And I will second Mr. Torrey's motion. Dawkins: Well, okay. All right. So Mr. Torrey has moved Ronald V. Hunter and then Cheryl D. Grant is the attorney, I believe, and that is seconded by Mr. Massey. So the original motion is not on the floor and of course the substitute motion was defeated. So at this time we'll have discussion on Mr. Torrey's motion and we're going in this order to Councilmember Cheek, Dempster, and Blackwell. Cheek: Mr. Mayor and Council, we have Mr. Hunter's and Ms. Grant's resumes along with a whole lot more. We've got about four inches of resumes and information here, and as we had the former person who was, we were just discussing, and certainly there are many excellent qualifications in all of these. Wouldn't it be better for us, because we haven't done the background information also and talked with people with whom they've worked, to go ahead and pick out three or four teams that we think look good and ask the staff to come up with a comparative presentation of their capabilities of these three or four, and to check the references and places that they've worked with, and then also to get this report back to you for next week, we have a regular meeting next week, for any action. I say this because again resumes don't tell the whole story and we have to be extremely diligent in selecting the persons who you're giving the authority to go in our employees' personnel, their confidential personal files and we need to be very careful because the federal government is already doing the same investigation, and because we are so divided on this that we need to work as hard as we can to keep the confidence level extremely high when this takes place. Dawkins: All right. Now Councilmember Cheek are you making that in the form of a motion or . . . Cheek: I'm discussing the original motion. Dawkins: Discussing the original motion. All right. So that is part of discussion of the original motion and I think you heard what Councilmember Cheek stated. All right, we'll go, let me see, Mr. Smith has been added. It's Dempster, Blackwell, and Smith. Dempster: Thank you Mr. Mayor. Dawkins: Yes sir. Dempster: It's been a month and I think that we need to go ahead with this investigation. I don't know who submitted or requested for Grant or for Hunt, was that his name Hunt? Dawkins: It's Hunter. Dempster: Hunter. Dawkins: Ronald. Dempster: But I think that we need to go ahead with this investigation. I don't know either one of these two people. I'm sure that I'll probably be accused of knowing them or having some kind of whatever forum. But I didn't know. I ask Mayor Pro Tem Blackwell who submitted these people's names. I saw that Hunter was responding to John Smith, so possibly John did, I don't know, I don't care, I think we should vote on this motion, Thelbert's motion, and move on down the road with this thing. I don't know yet if the EEOC has sued us yet, but I think we need to go ahead and do something . . . Cheek: They don't, they don't sue. Dempster: . . . and hopefully. Well whatever they do. I don't know what they do. Dawkins: All right. Cheek: They investigate. Dawkins: Okay. All right. Dempster: But then they turn it over to the Justice Department if there's a problem. Massey: Then the Justice Department sues. Dempster: Okay, so the Justice Department sues. Cheek: [inaudible]. Dawkins: All right. Dempster: Anyway, that's . . . Dawkins: Okay, thank you, and just as a clarification, I'm not sure, I think when we asked for these Chris, we probably asked they be sent to the City Manager, that's probably why that was addressed to John Smith. All right, let's go in this order, Councilmembers Blackwell and Smith. Blackwell: Mr. Torrey, would you consider . . . [COMMENTS.] Blackwell: Mr. Mayor, I guess they're going to let me talk. Dawkins: All right. We really appreciate everyone being here, but this Council will discuss this issue and we really do appreciate your cooperation and it'll be the Chair's decision and hopefully we can all stay here. Ross: You're going to send them home if they . . . Dawkins: Well, if . . . We will hear this Council, each councilmember speak whether we agree or disagree with their point of view, and I would hope that everyone agrees with that. Ross: Mr. Mayor, there's a lady writing a poem about you. Dawkins: All right. Well that's fine, but right now we're going to hear from Councilmembers Blackwell and Smith and the Chair will run this meeting and I appreciate your cooperation. [APPLAUSE FROM AUDIENCE.] Ross: [inaudible]. Dawkins: No I will . . . Ross: [inaudible]. Dawkins: . . . recognize everyone that pushes these lights as long as they're a member of this City Council. Mayor Pro Tem Blackwell. Blackwell: Thank you Mr. Mayor. I guess that I have two gentlemen that I would like to submit also, but I certainly don't want to employ four persons. So Mr. Torrey, I'm asking you would you consider either one of my nominations and have your first choice. I have two outstanding African-Americans that I'd like to nominate to do, that I'm recommending, and I don't know if you would consider amending your motion to have one of those gentlemen. Have your first choice and consider allowing me to put two names to you and . . . Torrey: No Mr. Blackwell, if they are in the State of North Carolina, no. Blackwell: Okay. [LAUGHTER FROM AUDIENCE.] Blackwell: Thank you. Then I would like to have the City Council to withdraw Mr. Robert Bob Brown from High Point, since we're to that point, but I appreciate your consideration Mr. Torrey. Torrey: [inaudible]. Dawkins: All right. Thank you Mayor Pro Tem Blackwell. Mr. Smith. Jim Smith: Thank you Mayor. As I read over these, this stack of resumes and different things, to maybe answer one of the questions, each person that Mr. Torrey has nominated, as I'm reading their stuff, please feel free to contact me either at home or office if you or the Council require any additional information, please feel free. I read that in backwards order. Also from Ms. Grant, I'm available to interview at your convenience, or Mrs. Grant, I don't know which that is. Dawkins: Mrs. Jim Smith: So I think that there's the possibility of interviewing these people to find out, but I think we need to be ready to make a commitment, and if we're going to call these folks down here, be ready to say to them at that moment you're hired and we're ready to go forward. I mean I'm not for prolonging this process because it seems like that's what were doing a awful lot of, it's just getting further and further drawn out. I'd like for us to go ahead and find some conclusion, but I take when she says she's at our convenience, she would be here very soon to be interviewed, and I don't know, Mr. Hunter, his says if you or the Council require any additional information, please feel free to contact me at either my home or my office. Dawkins: All right. McBryde: I don't guess either one of them's here waiting to be interviewed after the vote. Dawkins: All right, thank you Mr. Smith. If no one else who has not spoken on this wishes to speak, I'm going to Mayor Pro Tem Blackwell, but I do have to give the opportunity to anyone who would like to speak . . . Massey: Mr. Mayor. Dawkins: Mr. Massey. Massey: Procedurally, if everyone who has wanted to speak has spoken, can we call for the question and move on? Dawkins: We . . . Mr. Cogswell . . . Cogswell: [inaudible] once everybody's had a chance to speak one time, then you can start a second time and anybody during that round can call the question. Dawkins: All right. Is everybody . . . There's about four, Ms. Ross, Mr. Massey, and Mr. McBryde and Mr. Kendrick . . . Massey: Thank you Mr. Cogswell. Dawkins: . . . I believe, has not spoken, so they did not wish to speak, then of course the Mayor Pro Tem has requested to speak Mr. Cogswell. So he can speak and then and then it can be called at any time, the question, and then we of course would have to cease discussion and vote on the question. Now what I have before me is Councilmembers Blackwell and Kendrick. Go ahead Mayor Pro Tem. Blackwell: Thank you Mr. Mayor. The only other questions I would have then is are we going to have a cost estimate or a cap on the cost and are we going to set a time frame? Cogswell: That motion as it stands. The motion as it stands is $10,000. The original motion put a cap of $10,000. Dawkins: You understand that Mr. Torrey? Dempster: Was that a cap? Blackwell: Okay, then the second question, I guess Mr. Torrey I would have to direct it to you since it is your motion sir, the time frame, an estimated time frame, we're talking to ask the investigator . . . Massey: [inaudible]. Blackwell: . . . to return the information. Massey: Talk to them [inaudible] estimated time. Torrey: As quick as possible. Blackwell: Okay. [LAUGHTER FROM AUDIENCE.] Blackwell: Thank you sir. Thank you Mr. Mayor. Dawkins: All right. Okay. Thank you. Now Councilmembers Kendrick and McBryde have requested to speak on the motion. Kendrick: Thank you Mr. Mayor. I have looked over all these resumes and I find some quite outstanding individuals in this packet of resumes that was submitted to us. Somebody asked me earlier how would I vote this evening with regards to these or who would I endorse and who wouldn't I endorse. Ladies and Gentlemen, I am still under the opinion that our City Manager and or City Chief of Police at this juncture does not need a formal investigation conducted by the Fayetteville City Council. And Breeden even with the ideal of having a unanimous vote, you wouldn't get my vote then because I still have that feeling, that I do not feel, I think this is an improper process that the City Council is doing. One of the process that every time a question comes up, the City Council will have to do the same thing because indeed we're setting a precedence. I've never argued against doing an investigation, but what I have said and I will continue to say is that we should have a process and allow that process to be followed because what we do here and what we do this evening will have to be done for every City employee in the City of Fayetteville, because if we don't do it for everybody, we're discriminating against people and I don't believe in discrimination. So I can't support Mr. Torrey your motion nor Breeden's, but I do not think that we need to have this investigation. Dawkins: Thank you Mr. Kendrick. Going to Councilmembers McBryde and Smith. McBryde: Mr. Mayor, I concur with Mr. Kendrick's statement. I wonder will this motion though allow us to do some type of background check on the person you've nominated now? We didn't do much on the last guy and we found out he was pretty bad. Are we going to have a chance to look over this guy? Torrey: Due process yes. McBryde: So that's allowable, we get to check him out? Torrey: Sure. Dawkins: All right. Councilmembers Smith and Dempster. Jim Smith: Thank you Mr. Mayor. One of my concerns as we were going through this, and I called Mr. Cogswell today to ask if we needed to look at that motion about the $10,000, and I asked what that wording was and I was just trying to fumble back and find it, did it set a cap of $10,000 or did it say set aside $10,000? McBryde: Cap. Cogswell: It's on page forty-eight [inaudible]. Jim Smith: I'm just asking. McBryde: I believe it was a cap. Cogswell: Page fifty, paragraph nine. That was your action. The sum of $10,000 to be authorized as payment for this investigation and report. Jim Smith: So you're saying that's a cap on that at $10,000? Cogswell: The way I read it, yes sir. Jim Smith: Okay, I'm just making sure because that was basically what I asked earlier if we were at that point. And that was one of my concerns when we started saying we needed an attorney, because I knew that the price just escalated, and no offense to the attorneys I know because their fees are much higher as we just heard earlier, someone was charged $175 to $185 an hour, and I think for us to set a cap would be detrimental to this. I think we need to allow the investigators to tell us how long they think it will take and then to negotiate that fee trying to keep it under the $10,000 if we can by all means, but to find out if that is a reasonable fee indeed, to have this done. ________: [inaudible] motion. McBryde: Mayor, wouldn't we have to reconsider that motion to do that? It would take seven . . . Dawkins: Yes. McBryde: . . . votes to reconsider? Dawkins: It would take . . . McBryde: I don't believe that's going to happen. Dawkins: I believe that's correct. Is that correct Mr. Cogswell? Cogswell: It would take seven votes to get it back on the agenda [inaudible]. Dawkins: All right. Okay. Thank you Mr. Cogswell. I want to go to Mr. Dempster. Were you through Jim? Jim. Jim Smith: I was . . . Yes sir. Yes sir. Dawkins: Okay. Let me go to Mr. Dempster. Dempster: Thank you Mr. Mayor. Are we establishing now a precedent that every time we hire outside counsel that we are going to review everybody? This Council is now going to decide what attorneys we hire for all purposes or is it just this investigation? I mean if we're now taking . . . We hire people all the time for this City and we very rarely even know who we're hiring. I didn't know until tonight what the cost of an attorney is to represent us. So, if Milo . . . [COMMENTS FROM AUDIENCE.] Dawkins: I think. I think just to answer Chris, you know, we're talking about just this. This is the first time I know in twenty-one years that this has been done. So I think . . . Dempster: So we're just saying that we'll look at everybody for this, but we're not . . . Dawkins: Yes. Dempster: . . . going to look . . . McBryde: I think he's asking me a question. Massey: Mr. Mayor, can he call out a question? Dawkins: All right. Dempster: That was my next thing. McBryde: Was that a question for me Mr. Dempster? Dempster: No. McBryde: Well I would say that this is the only time we've ever done something like this and I think we should look at who we hire when we're doing that. Dempster: But we hire counsel all the time and we don't ever look into who we hire. McBryde: We ask our trusted City Attorney and City Manager to hire those people. Dempster: Okay. Cogswell: Let me. Dawkins: All right, Mr. Cogswell you want to . . . Cogswell: May I make a point here. There are four exceptions to that reconsideration rule. One of them is a bid award or a contract approval. Now you haven't approved any contract for this person yet. Dempster: Right. Cogswell: So I would assume that when it comes before you to approve that contract, you could set a different amount there. You can't reconsider that motion within six months, but . . . Dempster: Right. Cogswell: . . . I would assume that when you get this contract you may want to consider it. Dempster: I call for the question. Dawkins: And that could be done on a simple majority . . . All right, Mr. Dempster is still speaking. He calls for the question. What . . . Of course, I think we all know what the question is. If this passes, there will be no more discussion and we will vote on the motion, Mr. Torrey's, seconded by Mr. Massey, which is Ronald V. Hunter and Cheryl D. Grant. We will now have the vote on calling the question. I'll ask for your vote. That vote is Cheek, Blackwell, McBryde, and Kendrick in opposition. Ross, Massey, Dempster, and Smith and Torrey. It takes two-thirds to call the question. The question is not called. So we'll still have discussion of course on the motion. It would take six votes to call the question on a body of nine. All right, let's go to Councilmember Cheek. Cheek: Mr. Mayor, I think that a lot of the members here tried very earnestly to find some common ground on this issue. I think that the Blackwell-McBryde motion did that. It sought a special counsel, it had every goal in it I believe that was in this motion, and I cannot vote to hire someone that I don't know anything about, especially for something that's sensitive. I've been reading Mr. Hunter's vita. I don't see very much related to the experience of conducting an investigation of this kind. But again, we have incomplete information and this concerns me a great deal. Dawkins: All right. Thank you very much. Ms. Ross. Ross: Mr. Mayor and City Council. How long do we sit here, to 12 o'clock tonight? Dawkins: No, if the discussion is over on this motion, then we'll vote. I don't know how long these, we've got two or three other items, but . . . Ross: I mean this particular one, how long . . . Dawkins: Probably if there's no other discussion in the next ten seconds. Ross: Oh, great. Dawkins: Okay. Ross: That's cool. Dawkins: Any other discussion? I'll ask for your vote on the motion. All right, the motion passes five to four. Ross, Massey, Dempster, Smith and Torrey. In opposition, Cheek, Blackwell, McBryde and Kendrick. So the motion does pass. So these two individuals will be contacted. Mr. Cogswell you might for the public . . . If you'll come back to the mike. We appreciate everyone's cooperation and certainly Mr. Cogswell's help on this, about what will go forward now Mr. Cogswell? Cogswell: I assume that we would draft up an agreement with these individuals to come back for your approval. Dawkins: All right. Does everyone understand that Mr. Cogswell will draft and come back to us, I guess as soon as possible of course. All right, I think everyone saw the vote. Ms. Jones you saw the vote? Okay. Thank you very much. 13.B. PWC revenue bonds. Dawkins: 13.B. is the Public Works . . . This is the report on . . . Blackwell: Mr. Mayor. Dawkins: Yes. Go ahead Mayor Pro Tem. Blackwell: I'll be glad to offer a motion concerning Item 13.B., revenue bonds, I would move that the City Council concerning the . . . Dawkins: Hold on just a second Breeden. Hold on just a second. All right. Council will stay seated. We appreciate everyone being here tonight and we're going to take about a forty-five second break, but we'll immediately go to 13.B. We thank all of you for being here. You're certainly welcome to stay. I don't know if there's anyone outside, but make sure if they are to let them know there are seats here in. We appreciate everyone's cooperation and particularly we have a number of people over in the Lafayette Room tonight. Let's wait just a few more seconds. We thank all of you for coming and your interest in City government. Okay, let's go to Mayor Pro Tem Blackwell. Blackwell: Thank you Mr. Mayor. In reference to an administrative report that we now move to 13.B., it's found on page 245 in your agenda packets. I would like to move that the City Council reaffirm Robinson-Humphrey and Brown & Wood with their compensation levels not to exceed their proposed fee structure . . . Kendrick: Second. McBryde: Second Mr. Mayor. Blackwell: . . . for the PWC $60 million bond issue. Dawkins: All right. And we've heard Mr. Kendrick on the second. Is there any discussion on the motion? All right, I'll ask for your vote and that vote is unanimous. Thank you Council. 13.C Closed session regarding personnel matters and our City Manager. Dawkins: 13.C. is a closed session . . . Cogswell: [inaudible] Dawkins: All right. Mr. Cogswell if you'll come forward. Cogswell: [inaudible] item [inaudible]. Dawkins: All right. Cogswell: Does that include bond counsel also? Torrey: Yes. Blackwell: Yes. Dawkins: Yes. Yes it did. Blackwell: Yes. Dawkins: All right. We'll go to 13.C. which is a closed session concerning City Manager and personnel matter. So the Chair will entertain a motion to go into closed session for that purpose. Massey: So moved Mr. Mayor. Ross: Second. Dawkins: All right. Mr. Massey, seconded by Ms. Ross. All right. Any discussion? All right, I'll ask for your vote on that to go into a closed session pertaining to personnel, pertaining to City Manager. The vote is Ross, Massey, Dempster, Smith and Torrey in favor. Against, Cheek, Blackwell, McBryde and Kendrick. And of course a simple majority, Mr. Cogswell, can call us into closed session. So at this time we will go into a closed session and of course we will be back. Thank you for cooperation. [CLOSED SESSION.] [RETURN FROM CLOSED SESSION.] McBryde: He'll be here after the election. [APPLAUSE FROM AUDIENCE - STANDING OVATION FOR JOHN SMITH.] Audience: Be careful Dempster. [LAUGHTER FROM AUDIENCE.] Dawkins: We'll consider ourselves back into regular session. It's 11 p.m. Is there any other matter to bring up? McBryde: I make a motion we adjourn Mr. Mayor. Kendrick: Second. Dawkins: I have a motion to adjourn and a second. Is there any discussion? All right. I'll ask for your vote on the motion to adjourn. McBryde: [inaudible]. It's the green Ms. Ross. Ross: I beg your pardon. McBryde: It's the green. McBryde: She knows what it is. Kendrick: Show the vote Mr. Mayor. McBryde: No don't show it to her, let her figure it out. Dawkins: I'll ask for your vote on the motion to adjourn. Ms. Ross, do you plan to vote? Ross: I have another motion before we adjourn. Dawkins: Well, do you want to vote on the motion? We have a motion on the floor. Ross: Vote on the motion. Dawkins: Yes, the motion is to adjourn. Massey: Let her make a motion. ________: [inaudible]. McBryde: If she doesn't vote, doesn't that mean it's an affirmative vote Mr. Mayor? Massey: Mr. Mayor. Dawkins: Yes. Massey: Can you put the votes on the board? McBryde: No. Dawkins: Yes, when they're completed, I'll put them up. Ross: I want to make a motion that we . . . Dawkins: Well, we're having a vote on the motion to adjourn Ms. Ross. Are you going to vote? Ross: Are you going to block the motion that we're . . . Dawkins: We're going to vote on this motion which is to adjourn. If we're still here, we may have another motion. Ross: Ooh. Dawkins: Do you wish not to vote? Ross: That's the way my slave master used to talk to me. Dawkins: All right, well, do you wish not to vote Ms. Ross? There is a motion on the floor. You can either vote to adjourn or not to adjourn. Ross: I'll vote to adjourn after I make my motion. Dawkins: Well, the motion . . . Ross: The motion . . . Dawkins: Well, there's a motion on the floor and you can vote yes or no. Ross: [inaudible]. Dawkins: Mr. Cogswell, if Ms. Ross does not vote. McBryde: An affirmative vote Mr. Mayor. Dawkins: If you do not vote Ms. Ross, it's an affirmative vote and we have adjourned. Now do you understand the Chair is . . . the City Attorney has said if you do not vote . . . Ross: [inaudible] you know that don't you. Dawkins: Well, Ms. Ross, how much time . . . All right. ________: [inaudible] Mr. Mayor. ________: Do you understand the motion is to the adjourn the meeting? Torrey: No she doesn't understand it. _______: The motion is to adjourn the meeting. Dawkins: The motion is to adjourn. I do not appreciate the remarks. You can either vote or not vote. Ross: If we voted like we were supposed to vote . . . Dawkins: All right, if you do not vote Ms. Ross, it's a yes vote. You're looking at Mr. Massey. Cogswell: The motion on the floor is to adjourn. ________: Tell her Massey. Dawkins: Tell her Mr. Massey. ________: [inaudible] you do everything else. ________: You don't know [inaudible]. Ross: Thank you. Dawkins: All right, Ms. Ross, Ms. Ross, I've tried to be fair. Ross: I voted no. Dawkins: All right. Okay. That's fine. The motion fails. That's all I ask is for you to vote Ms. Ross. Ross, Massey, Dempster, Smith and Torrey voted in opposition. The motion to adjourn does not pass. Is there any other. I know we have some other matters, but we may want to pass on. Mr. Massey. Massey: Mr. Mayor and Council. This is probably one of the most difficult motions that I've ever had to make. I'm terribly sorry that the level of sensitivity is where it is and how it is and probably the reason I have to make it is because of just that very level. I make a motion that Mr. Smith's contract be terminated. Ross: Second. McBryde: In accordance with the . . . Dawkins: Motion by Mr. Massey, seconded by Ms. Ross, that Mr. Smith be terminated in accordance with the Memorandum of Understanding. Any discussion on the motion. Councilmember Cheek. Cheek: I realize that Mr. Smith serves at the pleasure of the Council. I have seen no reason to vote in favor of this motion. Dawkins: All right. Mr. McBryde and Mr. Kendrick. McBryde: Mr. Mayor, I said that he's the finest City Manager in North Carolina. I meant that. He's probably had the best Council reviews of any City Manager in North Carolina. Everybody up here thought he did a pretty good job although . . . I won't say that. I'll say that he had good reviews when we reviewed John Smith. He has led this City to what was almost greatness. I'm beginning to wonder now what it's going to wind up being. I think that we're about to see this Council divided in a manner that cannot be healed. I personally don't mind saying I have no respect for anybody that'll sit here and vote to let John Smith go tonight. They're making a big mistake. [APPLAUSE FROM AUDIENCE.] Dawkins: The next councilmember is Kendrick and Blackwell. Kendrick: Thank you Mr. Mayor. When I got on the Council back in 1986, June of that year, looking at the needs of Fayetteville at that period of time, looking at the things that we needed to do, looking at the goals that were being set and the direction our City was heading in, looking at the vacant buildings downtown, looking at the urban decay that we've had, looking at the nondirection that our City was poised in, that we've just had so many things. At one point I thought we had a unified Council moving forward. As I've told John I may not have agreed with everything he's done, and I'm sure he's not agreed with everything I've done, but I, as a member of this government, am extremely proud and will carry that proudness for years and years and years to come about having Mr. Smith as a City Manager for the City of Fayetteville. The citizens of our community, be it black or white, do not know what they are losing this evening. The long-range repercussions are going to be devastating on the citizens of Fayetteville. There are some people here that are gleaming from this idea, but I want all of the citizens to know of what's taking place and what it's going to take for us to recover from this if we do. John, thank you for the service that you've done and I admire you for everything. Dawkins: Thank you Mr. Kendrick. [APPLAUSE FROM AUDIENCE.] Dawkins: I'm going to recognize Mayor Pro Tem Blackwell in just a moment. Of course, if any action is taken on this or passes, of course, tonight, an Interim City Manager must be appointed. Let me go to Mayor Pro Tem Blackwell. Blackwell: Thank you Mr. Mayor. I said everything I needed to say to this Council in closed session and have been advised not to say that out here, but there's no need in repeating everything that's been said except that I do not support the motion. So. Dawkins: All right. Blackwell: Thank you. Dawkins: Thank you. You know it's interesting that councilmembers have stated they didn't know certain people. I'll be glad to point out who they were in this audience if they need to be. I asked Mr. Bill Thomas approximately twenty years ago to make a phone call to one of the three finalists when Mr. Guy Smith resigned. One of those three finalists was a young man in Louisburg and Mr. Thomas called him and asked him to see if he would take the job as our Assistant City Manager. I've been here on the Council twenty-one years and I know there's differing viewpoints. Mark and others have brought it out. You cannot imagine the advancement. Well certainly I think anybody that's been here eleven or twelve years has seen the Police Department . . . but in many other areas. I'd just like to say that we have a real professional group of department heads, employees and all, and a lot of that has to do with naturally the City Manager who's very professional. And I just . . . no matter what happens, of course, John and Sally, I wish them well. I think now . . . Is there any other discussion on the motion and as I mentioned earlier, if there is a change of course, by law I think, Mr. Cogswell, we have to have an interim appointed. Any other discussion on the motion? I think . . . Blackwell: Repeat the motion. Dawkins: All right. Mr. Massey repeat the motion. Massey: Pursuant to North Carolina General Statute 160A-147, which states that the City Council shall appoint a City Manager to serve at its pleasure, I move that his employment be terminated in accordance with his contract. Dawkins: All right. Which includes the Memorandum of Understanding. All right. Any other discussion? Okay, I'll ask for your vote. All right. The vote is five to four. Ross, Massey, Dempster, Smith and Torrey voting in favor. Cheek, Blackwell, McBryde and Kendrick voting in opposition. So it is a simple majority, Mr. Cogswell, and so the action does pass on the first reading. There are some other items. I don't know if Council wants to get into appointments and all. I don't if Mr. Smith . . . Blackwell: Mr. Mayor, I move for adjournment. Dawkins: All right. Mr. Smith, would you like . . . Well we can't adjourn, we have to have an interim. Blackwell: Okay. Dawkins: Mr. Smith would you like to . . . All right. Of course, and I think everyone's aware of this, that we have to have an interim until we take applications over a period of time. Blackwell: Mr. Mayor, in order to move it on, I'll move that we appoint our Deputy Manager . . . McBryde: Second. Blackwell: . . . as Interim Manager until we decide what we're going to do as far as . . . Dawkins: All right. Blackwell: . . . applications, whatever. Dawkins: There's a motion to appoint Roger Stancil as Interim Manager, seconded by Mr. McBryde, and I . . . McBryde: I think Mr. Stancil wants . . . Dawkins: Mr. Stancil may want to speak. Mr. Stancil is our Deputy . . . McBryde: Don't say no. Stancil: Yes, I do want to speak. Dawkins: Well take your time Roger. Stancil: I would just like to, in order to make sure that the business of this City continued, I would accept that with a request that the stipulation be that if either you or I decide that's not the appropriate appointment, that I would revert back to my current position. Dawkins: All right, I think everyone understands that. If Mr. Stancil is appointed, and on our decision or his decision, that he would become the Deputy Manger again instead of the interim. Thank you Mr. Stancil. Okay, so we do have a motion that Mr. Stancil be appointed Interim Manager and then, of course, there's procedures about applications and hiring a permanent City Manager to replace Mr. Smith. Massey: Mr. Mayor. Dawkins: Yes Mr. Massey. Massey: Could I get clarification from Mr. Stancil exactly what he's . . . Dawkins: Okay. Massey: . . . saying he would revert. Dawkins: Well I think that he can say it or I can . . . McBryde: [inaudible]. Dawkins: . . . Mr. Stancil. [APPLAUSE FROM AUDIENCE - JOHN AND SALLY SMITH EXIT ROOM TO A STANDING OVATION.] Dawkins: Bob you want . . . I think I can but you may want to clarify. Mr. Massey wanted to know basically repeat that if you would. Stancil: My request was that in the motion it be stipulated that if either of us, the City Council or I, decided that that interim appointment was no longer acceptable to either one of us, that I would, rather than being without employment, would revert back to my position as Deputy Manager. Dawkins: In other words, if he was in a month or so and for some reason . . . Massey: I understand. Dawkins: . . . the board felt like we needed another interim, Bob, because it'll take probably a while to get a permanent City Manager, that then he'd revert back to the Deputy. Massey: The only other concern that I do have is under what conditions would you think that that might occur? [LAUGHTER AND COMMENTS FROM AUDIENCE.] Massey: Roger, excuse me, excuse me. Mr. Mayor and Council. Dawkins: Yes. Massey: This inquiry is not trite. It wasn't intended to be so. My concern, whether you believe it or not, is for the best interest of the City of Fayetteville, North Carolina, and whether, and here again that's entirely up to each individual, whether they choose to believe it or not, but I had to do and vote my conscious and I will sleep well one way or the other. Dawkins: All right. Massey: Notwithstanding all that, I want to ensure that the City is going to be in good hands and I want to ensure that we have some type of understanding in terms of where we're going and what your intentions are, and I do understand that if you're saying, and what I hear you saying, is that if there's certain area that you and the Council don't agree on, that you would rather go back to your deputy position before continuing even as interim. Is that a fair assessment? Stancil: All I'm saying is . . . This is a difficult day. Massey: Yes. Stancil: A very sad day for me and I will be glad to serve as this Council's Interim Manager in order to make sure that the business of this City continues. I guess what I want to make sure for myself and my family is that the stipulation in the motion would be that if you decided I was no longer the person you wanted as Interim Manager, or if I decided . . . ________: That's fair. Stancil: . . . that I thought it was appropriate . . . Massey: That's fair enough. Dawkins: Yes. Massey: That's fair enough. Thank you very much [inaudible] clarify. Dawkins: Let me go to Mr. Kendrick. Kendrick: Mr. Stancil, if I may. So if the Council directs you to do something and you don't feel it's appropriate, then you at that point, is that what we're saying? Stancil: I would, right, I mean, I'm not sure what your question . . . Kendrick: So, in other words, Council couldn't just arbitrarily fire you too? They would have to demote you back down to Deputy City Manager, is that what we're saying? Stancil: Right, that's correct. Kendrick: So we're removing the authority of this Council to fire you then? Stancil: As the Interim Manager. Kendrick: As the Interim Manager. Stancil: You could relieve me of duties as Interim Manager. My request is that the motion include a stipulation that if . . . [END OF TAPE] Stancil: . . . I would return to my current employment. Dawkins: Deputy Manager. Yes. Let me go to Mr. Smith. Let me go to Mr. Smith. Jim Smith: I understand Mr. Stancil's hesitancy and Roger I appreciate what you've said to us. And Bob maybe you're the one that needs to answer this, if we offer some sort of severance package to Roger to make sure . . . I . . . I don't know . . . I want to [inaudible]. [COMMENTS FROM AUDIENCE.] Jim Smith: I want . . . I want . . . What I'm trying to do here, oh, oh, Mr. Mayor, if I might. Dawkins: Go ahead. Jim Smith: I'm trying . . . I, I understand what Roger's saying. He doesn't want to be fired and leave his family hanging out there and that's . . . Dawkins: Correct. Jim Smith: . . . and I can understand his concerns, and that's exactly what I'm saying is I don't want us to invoke that. I mean . . . Dawkins: Well, I think . . . Jim Smith: I'm just asking the guy [inaudible]. Dawkins: Well, I think with this in there, if for some reason that Roger was unhappy with it, or we were unhappy with Roger, then he would just go back to being the Deputy City Manager. Jim Smith: So that provision would satisfy you then Roger? Stancil: Yes. Dawkins: Yes. Because the City Attorney and the City Manager and probably the Interim serve at the pleasure of Council and can be dismissed as we've seen at any time. Jim Smith: And we're not going to order you to do anything illegal. (See minutes of March 3, 1997, Item 2.B for change.) Dawkins: All right. Jim Smith: [inaudible]. Dawkins: I . . . Of course Roger is the Deputy, knows more about the operations than any other person besides John Smith. So I think certainly we [inaudible]. All right, any other discussion on the motion? All right. Okay. Then we'll, with that stipulation we'll vote on the motion to hire Mr. Roger Stancil Interim City Manager with the stipulation if for some reason he chooses or the Council chooses to make a change, he would go back to his job as the Deputy City Manager. And . . . Kendrick: Mr. . . . Dawkins: Mr. Kendrick. Kendrick: Mr. Mayor. Before I . . . Dawkins: Okay. Kendrick: Before I make this vote. Dawkins: Okay. Kendrick: The . . . I still think what has taken place here tonight is [inaudible] with what is going on with our City and Mr. Stancil, wherever you may be, not that I, that I doubt your qualities, I've often commented to our City Manager of what an outstanding staff and especially what a Deputy City Manager he has created in you, that you were in a position being able to operate a City [inaudible] matter of fact had his back surgery. I think we as a Council, we have made a mistake by firing John Smith tonight and I pity anybody that takes his position as City Manager. Roger, as a friend, and I mean this in all sincerity, I can't vote for you. I hate putting you in this position my friend. Dawkins: I'll ask for your vote. All right. [APPLAUSE FROM AUDIENCE.] Dawkins: I'll ask for your vote. The vote is eight to one. Mr. Kendrick in opposition. Ross, Cheek, Massey, Dempster, Blackwell, McBryde, Smith and Torrey in favor. So as of this moment, the Interim City Manager is Roger Stancil. McBryde: I make a motion to adjourn. Cheek: Second. Dawkins: Mr. McBryde moves that we adjourn, seconded by Councilmember Cheek. Any discussion? I'll ask for your vote to adjourn. Ms. Ross. Okay. That is unanimous. Thank you Council. Thank you everybody for being here. 14. APPOINTMENTS: No action was taken on this item. A. Historic Resources Commission - election of nominees to fill two vacancies. B. Redevelopment Commission - request to remove two members due to poor attendance. Nominations will be needed to fill these two vacancies if Commission's request is approved. C. Zoning Commission - nominations to fill unexpired term of Jerome Calhoun. 15. ADMINISTRATIVE REPORTS: A. Report on proposed Fayetteville Public Works Commission Utility System Revenue Bonds. INFORMATION ON PUBLIC HEARINGS SET: FEBRUARY 24, 1997: Consideration of an ordinance amending Chapter III, "Governing Body:, and Chapter IV, "Elections" of the Charter of the City of Fayetteville creating nine (9) single-member districts and three (3) at-large seats on the City Council for election of City Council Members Consideration of an ordinance amending Chapter III, "Governing Body", and Chapter IV, "Elections", of the Charter of the City of Fayetteville creating four-year staggered terms for the election of the Mayor and Members of City Council. Consideration of an ordinance amending Chapter III, "Governing Body", and Chapter IV, "Elections", of the Charter of the City of Fayetteville creating four-year terms for the election of the Mayor and Members of City Council. Consideration of multi-member districts as an election plan option for the City of Fayetteville. INFORMATION ITEMS: 1. Statement of taxes collected for the month of January, 1997, from the Cumberland County Tax Collector. 1996 Taxes 4,461,052.95 1996 Vehicle Taxes 182,136.47 1996 Rev 16,400.41 1996 Vehicle Rev 72.66 1996 FVT 23,315.00 1996 Storm Water 289,865.62 1995 Taxes 11,724.27 1995 Vehicle Taxes 12,560.78 1995 Revit 581.75 1995 Vehicle Revit 1.99 1995 FVT 1,635.00 1995 Storm Water 1,100.03 1994 Taxes 3,288.92 1994 Vehicle Taxes 536.38 1994 Revit 0.00 1994 Vehicle Revit 0.00 1994 FVT 82.30 1993 Taxes 3,486.27 1993 Vehicle Taxes 137.50 1993 Revit 58.27 1993 Vehicle Revit 0.00 1993 FVT 45.00 1992 And Prior Taxes 6,387.15 1992 And Prior FVT 51.91 1992 And Prior Revit 0.22 Interest 13,485.43 Interest (Revit) 20.14 Interest (Storm Water) 578.21 Fayetteville Discount (15.22) Revit Discount 0.00 Total Collections 5,028,589.41 2. Report on tax refunds less than $100. Taxpayer's Name Nature of Clerical Error Amount Rosario, Francisco Illegal Tax: Military Non-Resident. $43.07 LES on file. FL--03/07/99. Lewis, George Eleder, III Illegal Tax: Military Non-Resident. $21.80 LES on file. FL--indef. Benson, Lee, Jr. S/B on LR 2205741 - LC-96. $12.59 Fuller, John D., Sr. Incorrect year was discovered on $28.19 mobile home per DMV. Burgis, James P. & Sonja Value adjusted per order by $37.06 Property Tax Commission. 3. Update on Vocational Rehabilitation funding request. 4. Update on cablevision negotiations project. 5. Copy of City's response to HUD. 6. Copy of letter from Councilmember Cheek to Board of Elections requesting information on redistricting issue. 7. Board of Adjustment - agenda for February 19, 1997. 8. Board of Adjustment - minutes of January 15, 1997. 9. Appearance Commission - minutes of November 28 and December 10, 1996. 10. Planning Commission - minutes of January 7 and 22, 1997. 11. Police Department - monthly report from the Office of Professional Standards for the month of January, 1997. 12. FACVB - minutes of January 9, 1997. Councilmember McBryde moved to adjourn the meeting, seconded by Councilmember Cheek and carried unanimously 9 to 0. There being no further business the meeting adjourned. INFORMATION MEETING FEBRUARY 24, 1997 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER FEBRUARY 24, 1997 7:00 PM Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: Roger L. Stancil, Interim City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Pete Piner, Fire Chief Kai Nelson, Finance Director Ron Hansen, Chief of Police Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Reverend Michael Fletcher, of The Manna Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. 1. APPROVAL OF AGENDA Councilmember Smith requested to add Item 2.B, Request to set a special meeting for the discussion of the selection of the City Manager, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 9 to 0. 2. A. Consideration of authorization for Interim City Manager and Finance Director to execute certain contracts with GE Capital Public Finance for the lease purchase of FY97 police vehicles. Interim City Manager Roger Stancil presented this item. Councilmember McBryde moved to authorize the Interim City Manager and the Finance Director to execute certain contracts with GE Capital Public Finance for the lease purchase of the police vehicles, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. B. Request to set a special meeting for the discussion of the selection of the City Manager. Councilmember Smith stated that a representative of the North Carolina League of Municipalities could be present for a presentation to Council on the selection process. Councilmember Smith moved to set a special meeting on March 5, 1997, at 7:00 p.m. in the Lafayette room of City Hall to discuss the selection process for the City Manager position, seconded by Mayor Pro Tem Blackwell. The motion carried by a vote of 9 to 0. 3. PUBLIC HEARINGS: A. Consideration of an ordinance amending Chapter III, "Governing Body:, and Chapter IV, "Elections" of the Charter of the City of Fayetteville creating nine (9) single-member districts and three (3) at-large seats on the City Council for election of City Council Members. (Public Input Only) This is the advertised public hearing set for this date and time. The public hearing opened at 7:12 p.m. Appearing in favor were the following: 1. Michael Boose, 3311 Granville Drive, Fayetteville, NC 2. Robert Anderson, 511 Argyll Road, Fayetteville, NC Appearing in opposition were the following: 1. Michael G. Lallier, 501 Windwood on Skye, Fayetteville, NC 2. Norvell B. DeAtkine, Cumberland County Republican Party, 6900 Cliffdale Road, Suite 108C, Fayetteville, NC 3. Clinton Harris, 4713 Watauga Road, Fayetteville, NC 4. Paul B. Lewis, 3400 Cranbrook Road, Fayetteville, NC 5. Ben Watson, 1916 Swann Street, Fayetteville, NC 6. Mable C. Smith, 1606 Deep Creek Road, Fayetteville, NC The public hearing closed at 7:35 p.m. Mr. Jerry Wilson, Consultant, was present. Mr. Wilson presented a new proposed nine single-member, three at-large configuration with four African-American Minority Districts that he felt would meet the non-retrogression mandate set out by the Justice Department. A discussion was held regarding the proposed new districts, the procedures to be followed, and the Justice Department's non-retrogression mandate. Councilmember Kendrick inquired as to whether a configuration of all at-large districts could be used. Mr. Wilson stated it could not be done in his opinion. B. Consideration of an ordinance amending Chapter III, "Governing Body", and Chapter IV, "Elections", of the Charter of the City of Fayetteville creating four-year staggered terms for the election of the Mayor and Members of City Council. (Public Input Only) This is the advertised public hearing set for this date and time. The public hearing opened at 7:51 p.m. Appearing in favor were the following: 1. Horace K. Thompson, Jr., 2069 Wood Duck Dr, Fayetteville, NC 2. Michael C. Boose, 3311 Granville Drive, Fayetteville, NC Appearing in opposition were the following: 1. Michael Lallier, 501 Windwood on Skye, Fayetteville, NC 2. Ron Smith, 518 Lennox Drive, Fayetteville, NC 3. Clinton Harris, 4713 Watauga Road, Fayetteville, NC 4. Paul B. Lewis, 3400 Cranbrook Drive, Fayetteville, NC There being no one further to speak, the public hearing closed at 8:10 p.m. Mayor Dawkins declared a 10 minute break. C. Consideration of an ordinance amending Chapter III, Governing Body", and Chapter IV, "Elections", of the Charter of the City of Fayetteville creating four-year terms for the election of the Mayor and Members of City Council. (Public Input Only) This is the advertised public hearing set for this date and time. The public hearing opened at 8:25 p.m. Appearing in favor were the following: 5. Clinton Harris, 4713 Watauga Road, Fayetteville, NC Appearing in opposition were the following: 1. Michael G. Lallier, 501 Windwood on Skye, Fayetteville, NC There being no one further to speak, the public hearing closed at 8:26 p.m. D. Consideration of an amendment to the City Charter by the General Assembly to authorize MULTI-MEMBER DISTRICTS as an option for the election of City Council members. This is the advertised public hearing set for this date and time. The public hearing opened at 8:27 p.m. Appearing in favor were the following: 1. Michael G. Lallier, 501 Windwood on Skye, Fayetteville, NC Appearing in opposition were the following: 1. Frank W. Herring, 2503 Cranton Circle, Fayetteville, NC 2. Clinton Harris, 4713 Watauga Road, Fayetteville, NC 3. Mable C. Smith, 1606 Deep Creek Road, Fayetteville, NC There being no one further to speak, the public hearing closed at 8:34 p.m. 4. Consideration of request from Fayetteville Area Economic Development Corporation to discuss matters relating to the location or expansion of industry in the Fayetteville area. Councilmember Smith moved to go into closed session, seconded by Councilmember Cheek and carried unanimously by a vote of 9 to 0. The closed session began at 8:35 p.m. The regular session resumed at 8:58 p.m. Councilmember Kendrick moved to discuss Item 3.B, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. Councilmember Kendrick inquired as to whether the multi-member district option should be made available for the 1999 election. A discussion was held regarding the mulit-member district configuration and covered jurisdictions in North Carolina, and in particular, Cumberland County. City Attorney Robert Cogswell reviewed the time frame involved in the submission of the new election plan to the Justice Department. INFORMATION ITEMS: 1. Response to Councilmember Blackwell regarding the Order to advertise tax liens. Councilmember McBryde moved to adjourn the meeting, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. There being no further business, the meeting adjourned at 9:15 p.m. REGULAR MEETING MARCH 3, 1997 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MARCH 3, 1997 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present Roger L. Stancil, Interim City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Kai Nelson, Finance Director Ron Hansen, Chief of Police Pete Piner, Fire Chief Frank Simpson, Inspections Director Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Reverend Al Brice, Covenant Love Family Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins extended condolences to the family of Odell Smith of Spring Lake. Mr. Smith was a former member of the Spring Lake Town Council. Mayor Dawkins presented a proclamation declaring the Month of March 1997 National Middle Level Education Month. He read the Character Education Concept for March, 1997: Fairness. 1. APPROVAL OF AGENDA Mayor Pro Tem Blackwell moved to approve the agenda, seconded by Councilmember Kendrick. Councilmember Cheek requested to move Item 11 in order to obtain a timely special meeting notice for the press. A decision was made to place Item 11 on the consent agenda. Councilmember McBryde requested that both special meetings set for March 5, 1997, be televised. Councilmember Kendrick requested to add Item 11: A discussion of the Marvin Plan. Mayor Dawkins called for a vote on the motion to approve the agenda with the addition of Item 2.L, Consideration of setting a special meeting to discuss contract agreement with investigators, and Item 11, Discussion of the Marvin Plan. The motion carried by a vote of 9 to 0. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Councilmember McBryde requested to pull Item 2.L, Councilmember Torrey requested to pull Item 2.I, and Councilmember Smith requested to pull Item 2.B. Councilmember McBryde moved to approve the consent agenda with the exceptions of Items 2.B, 2.I, and 2.L. After a second from Councilmember Cheek, the consent agenda and following items were unanimously approved: A. Approve minutes of special meeting of February 10, 1997. B. (Pulled for discussion) C. Approve minutes of regular meeting of February 24, 1997. D. Approve Notice of Satisfaction of Conditions and Restrictive Covenants for property at 115 East Russell Street. (Location of The Yarborough Law Firm). E. Approve request for Police shield and weapon from Lt. Louie W. Moore, retirement effective February 28, 1997. F. Approve deeding a portion of Sutton Street to property owners. RESOLUTION AUTHORIZING THE RECONVENYANCE OF CITY OF FAYETTEVILLE PROPERTY PURSUANT TO NCGS 153A-177. RESOLUTION NO. R1997-016. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. G. Approve acceptance of a portion of Bargain Street for City maintenance pursuant to conditions as established by the City. H. Approve the following Finance matters: 1. Adopt Capital Project Ordinance 97-5 (City of Fayetteville Finance Corp. - PAB Project). 2. Adopt Budget Ordinance Amendment 97-7 (City of Fayetteville Finance Corp. - for refunded COPs and related debt service for FY 97). Budget ordinance amendment 97-7 appropriates funds from the installment financing agreement authorized by City Council at their July 15, 1996, meeting for the refunding of the outstanding certificates on the City Hall. The ordinance formally appropriates the proceeds of the sale to the Fayetteville Finance Corporation and places the Corporation's budget on the City's financial records. The General Fund transfer represents the transfer from the City to the Corporation for the debt service payments due on the refunding bonds in fiscal year 1996-97. I. (Pulled for discussion) J. Approve exchange of utility easements between AT&T Corporation and Public Works Commission for projects on Camden Road and South King Street. (PWC) K. Approve award of contract for purchase of five 500 KVA Vault Transformers to Westinghouse Electric Supply Company (WESCO) in the amount of $81,670.00.(PWC) WESCO was the sole bidder on this contract. L. (Pulled for discussion) 2.B. Approve minutes of regular meeting of February 17, 1997. Councilmember Smith stated because he was not authorized to speak for anyone else he would like to correct the February 17, 1997, minutes on page 581, line 15. Mr. Smith stated he should have said "I am not going to order you to do anything illegal" instead of "We are not going to order you to do anything illegal." A discussion was held and an insert will be added to the original minutes to refer to this item. 2.I. Adopt ordinance ordering the demolition of property located at 5228 Foxfire Road. (Owners: Andrew Daniels and Teresa Daniels) Councilmember Torrey pulled this item for clarification. Mr. Frank Simpson, Inspections Director, presented a video of the property to be condemned. AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA, REQUIRING THE CITY BUILDING INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS1997-006. Councilmember Torrey moved to adopt the ordinance, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. A copy of the ordinance is on file in the City Clerk's office in Ordinance Book NS1997. L. Consideration of setting a special meeting to discuss contract agreement with investigators. Mayor Pro Tem Blackwell requested an overview of the standard operating procedures used in awarding service contracts. Interim City Manager Roger Stancil explained the procedure and stated that the contract sent to Mr. Hunter and Ms. Grant was a standard form used in service agreements. Mr. Stancil explained that the scope of services, which consisted of the appropriate part of the motion approved by Council, had been attached to the contract. Mr. Stancil stated he had asked both parties to send back information on (1) their methodology, (2) any questions they have, (3) projection of when they could start, and (4) the time frame and fees involved. A discussion ensued regarding Council's ability to amend contracts. Mr. Stancil stated this contract was sent as a starting point for negotiation. Mayor Pro Tem Blackwell moved to set a special meeting for March 5, 1997, at 8:00 p.m. in the Council Chamber to discuss the contracts with the investigators. This motion was seconded by Councilmember Ross and carried unanimously by a vote of 9 to 0. 3. PUBLIC HEARINGS: A. Consideration of adoption of an ordinance to extend the corporate limits of the City of Fayetteville, N.C. (Petition-initiated contiguous annexation area)(Lafayette Plantation Mobile Home Park - Wildwood Drive) Interim City Manager Roger Stancil presented this item. He recommended approval. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition. The public hearing opened and closed at 7:33 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (LAFAYETTE PLANTATION MOBILE HOME PARK, WILDWOOD DRIVE.) ANNEXATION ORDINANCE NO. 97-03-420. Mayor Pro Tem Blackwell moved to adopt the ordinance, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. A copy of the annexation ordinance is on file in the City Clerk's office in Annexation Book 1997. 4. Consideration of an ordinance amending Chapter III, "Governing Body and Chapter IV, "Elections", of the Charter of the City of Fayetteville creating nine (9) single-member districts and three (3) at-large seats on the City Council for election of City Council Members. Mr. Jerry Wilson, Consultant, was present. City Attorney Robert Cogswell stated this ordinance, if adopted, would implement the nine single-member district and three at-large seats on the City Council. Councilmember Kendrick inquired about the split precincts in the Montclair area and the boundaries of Districts 6 and 9. Mr. Wilson responded and stated the precincts as set out were needed to create the 7th district. A discussion was held with Councilmembers Blackwell, McBryde, and Cheek expressing their preference for the three multi-member plan and their opinion that 12 Councilmembers were too many. Councilmember Dempster expressed his support for the current plan being considered. Mayor Pro Tem Blackwell asked Mr. Wilson if he had not stated previously the three multi-member district was the best way to go. Mr. Wilson replied that it was an acceptable way with his prime focus being on what would be best for the future of the City and it was his opinion it would be difficult to maintain the single districts if the population increased due to future annexations. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER III, "GOVERNING BODY", AND CHAPTER IV, "ELECTIONS", OF THE CHARTER OF THE CITY OF FAYETTEVILLE CREATING NINE (9) SINGLE MEMBER DISTRICTS AND THREE (3) AT-LARGE SEATS FOR ELECTION OF CITY COUNCIL MEMBERS. ORDINANCE NO. S1997-006. Councilmember Dempster moved to adopt the ordinance, seconded by Councilmember Ross and carried by a vote of 8 to 1 with Councilmember McBryde in opposition. A copy of the ordinance is on file in the City Clerk's office in Ordinance Book S1997. City Attorney Robert Cogswell explained that any change in the City's Charter which amends the election process is subject to a referendum if the lesser of ten percent or 5,000 of the current registered voters submit their signature within 30 days. 5. Consideration of an ordinance amending Chapter III, "Governing Body", and Chapter IV, "Elections", of the Charter of the City of Fayetteville creating four-year staggered terms for the election of the Mayor and Members of City Council. No action was taken. 6. Consideration of an ordinance amending Chapter III, "Governing Body", and Chapter IV, "Elections", of the Charter of the City of Fayetteville creating four-year terms for the election of the Mayor and Members of City Council. No action was taken. 7. Consideration of adoption of revisions to the electoral district map of the City of Fayetteville pursuant to N.C.G.S. 160A-23. City Attorney Robert Cogswell presented this item. Mr. Cogswell explained that the adoption of this resolution would set the new district lines. He stated the annexation which had been approved at this meeting would have to be included in the map. The revised map would reflect the addition to District 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE ADOPTING FOUR REVISIONS TO THE ELECTORAL DISTRICT BOUNDARIES OF THE CITY FOR THE PURPOSE OF ACCOUNTING FOR TERRITORY ANNEXED TO THE CITY. RESOLUTION NO. R1997-017. Councilmember Kendrick moved to approve the district lines as drawn on the map, dated February 25, 1997, to include the annexed addition to District 7. A discussion ensued regarding the new district lines. Mayor Dawkins called for the vote and the motion carried by a vote of 8 to 1 with Councilmember McBryde in opposition. City Attorney Robert Cogswell stated this action was also subject to a referendum and the approved map would be forwarded to the Board of Elections for the drawing of the precinct lines. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. 8. Consideration of the City of Fayetteville Gateway sign: A. Consideration of approval of the design of the sign. Interim City Manager Roger Stancil presented this item. Mr. Stancil gave a breakdown of the cost, amounting to a total of $9,899.20. Councilmember Kendrick moved to approve the sign and stated for the record that Mr. Joe Pillow had always wanted this sign to be redone. Councilmember McBryde seconded the motion. A discussion ensued regarding the cost of this project, the availability of funds for the project, and the contributions which have been made by private donors for the landscaping around other gateways as well as the CBD Loop. Councilmember Torrey requested to go on the record that he thought this was a lot of money for a sign. Mayor Dawkins called for a vote on the motion and it carried unanimously 9 to 0. B. Adopt Budget Ordinance Amendment 97-6 (City of Fayetteville Gateway Sign). Councilmember McBryde moved to adopt the Budget Ordinance, seconded by Councilmember Smith and carried unanimously by a vote to 9 to 0. 9. Report from Streets and Roads Committee: A. Discussion of a traffic signal at Kinlaw Road and Ramsey Street. Councilmember Kendrick presented this item. Councilmember McBryde moved to set a public hearing for April 7, 1997, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. B. Discussion of design of Law Road bond project. Councilmember Kendrick stated the recommendation of the Streets and Roads Committee and the Engineering staff was to widen the entrance of Law Road where it intersects at Ramsey Street from three lanes (1 Inbound and 2 Outbound) to four lanes (1 Inbound and 3 Outbound) from Ramsey Street to Eunice Drive and then curb and gutter the remaining portion of Law Road making it three lanes. Councilmember Smith moved to approve, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 9 to 0. C. Discussion of status of private street acceptance. Councilmember Kendrick stated a review had been done on the status of private streets which have been accepted for maintenance. This item has been referred to the staff. D. Discussion of the list of streets proposed for resurfacing. Councilmember Kendrick stated the resurfacing list had been reviewed and the committee's finding was that it was well spread out and the list also covered the newly annexed area. Mayor Pro Tem Blackwell moved to adopt the resurfacing list, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. A copy of the resurfacing list can be found in the Engineering Department. E. Discussion of traffic pattern on Hinsdale Avenue. Councilmember Kendrick stated the Police Department would be evaluating Hinsdale Avenue between Hay Street and Rowan Street for 30 days and would then come back to Council with recommendations for action. 10. Consideration of items for referral to City-County Liaison Committee. Councilmember Dempster requested to refer to the City-County Liaison Committee a discussion of future sites of the Industrial Parks. Mayor Pro Tem Blackwell stated that Councilmember Cheek's previous requests had been continued at the last meeting and Commissioner Bacote had added the issue of the consolidation of City and County departments and functions for discussion. Councilmember Cheek requested that Mr. Danny Fore, Director of the Fayetteville Area Economic Development Corporation, be extended an invitation to attend the meeting. 11. Discussion of the downtown Marvin Plan. Councilmember Kendrick asked Ms. Robin Kelly Legg, Executive Director of Fayetteville Partnership, if there were plans for a referendum on this project when the figures were completed. Ms. Legg responded that it had always been planned that the citizens would vote on Phase I when the facts were in. However, the plan would not be completed, nor the cost available in November 1997. Councilmember Massey inquired as to whether there was a projection of a time frame for the design. Ms. Legg stated the plans would probably be completed in December 1997 or January 1998. She stated Mr. Marvin's work has begun, now that he has received the delayed surveys. She explained the surveys had been delayed because of Hurricane Fran. Ms. Legg also stated a reveiw was being made of financial options to help in financing this plan. Councilmember Massey inquired as to whether this plan will go before the public when the schematic drawing is completed or are there other projects that will require tax dollars before it is brought to a vote. Ms. Legg stated two more phases would need to be completed before the construction can begin. The plan was to come back before Council for direction when the schematic design for Phase I was completed. At this point Council would decide whether to move forward or not. Ms. Legg said time was needed to educate the citizens about the plan. Interim City Manager Roger Stancil stated that what was under schematic design right now was the park and the park is a public improvement. He stated the only way the City could pay for a public improvement would be through a bond sale and a bond sale would require a vote of the people. Mr. Stancil stated a straw-vote to determine to go forward with this project would require action from the state legislature. Councilmember Dempster stated that a lot of people think we are doing things backwards and that there is a need to do it another way. He stated there was a need to get business, industry, manufacturing, roads, and the school situation taken care of first and thereby create a tax basis. After this has been done then the City can look at a park plan. Mr. Dempster felt the public wanted to know how the Council feels about this and they want to know it before November. He stated there is a movement by the public and if we delay the public will think we are trying to get more money to Mr. Marvin. Ms. Legg stated she felt the private sector was looking to the public sector to be their leader in this project. Mayor Dawkins stated an update would be forthcoming on the moving of the trains in the downtown area. This would probably be at the next meeting. Councilmember McBryde stated he felt we should spend the tax dollars that had been allocated for this project wisely and therefore he felt we should get the results we have paid for before calling for a referendum. Councilmember Cheek stated the vote of the Council was a matter of record and that vote had expressed the Council's support of this project. She stated that as governmental representatives the Council is responsible for planning in all areas of the City. Councilmember Cheek felt it was important to move forward in the plan for the heart of the City. The plan would help in employment and housing of the low and moderate income citizens. Councilmember Cheek stated she also felt the citizens had stated their approval when they voted for the removal of the downtown railroad tracks. She felt that more time was needed for the private sector to determine the extent of their participation in the project, and expressed her opinion that the move forward on this project should be ongoing. Councilmember Kendrick stated the Council had personally seen in other cities how the development of the downtown areas works through the cooperation of both private and public sectors working together. Mr. Kendrick stated his support for the referendum when all the figures had been completed. 12. APPOINTMENTS: Mayor Pro Tem Blackwell expressed his concern because of the lack of nominees to vacancies on the Boards and Commissions. He moved that beginning June 1, 1997, an ad be placed in the local newspaper to advertise for people who would like to serve on the City's Boards and Commissions. Councilmember Kendrick seconded the motion. Councilmember Massey asked to amend the motion to include that the Boards with specifications for membership be spelled out in the advertisement process. Mayor Pro Tem Blackwell agreed to advertise designated categories, and Councilmember Kendrick also concurred. Mayor Dawkins called for the vote and the motion with the amendment added by Councilmember Massey was carried unanimously by a vote of 9 to 0. A. Historic Resources Commission - election of nominees to fill two vacancies. Councilmember Kendrick nominated John Clark, Jr. for the at-large category. The following nominees were appointed: 1 Eric Lindstrom - Category 1, Licensed/Registered Architect - Term expires October 1997. 1 Floyd Caldwell - Category 6, At-Large - Term expires October 1998. No vote was held on John Clark, Jr. at this time. Councilmember Cheek called for a reconsideration of this item (see last item of these minutes.) As a result of her request John Clark, Jr. was appointed to the at-large position on this commission. Mr. Caldwell's appointment was overturned. B. Redevelopment Commission - request to remove two members due to poor attendance. Nominations will be needed to fill these two vacancies if Commission's request is approved. Mayor Dawkins presented this item. He stated Eva Ruth, Chairperson of the Fayetteville Redevelopment Commission, had requested pursuant to City Council policy, the removal of Andy N. McCall and Barry Bullock for their lack of attendance. Mayor Dawkins asked Council to review the attendance roster. Councilmember McBryde moved to follow the recommendation of the Fayetteville Redevelopment Commission, seconded by Councilmember Kendrick and carried unanimously by a vote of 9 to 0. No nomination was made. Councilmember Massey reminded Council the Commission had requested that some male members be placed on this Commission and he would like for Councilmembers to consider this in their nominations. C. Zoning Commission - nominations to fill unexpired term of Jerome Calhoun. Councilmember Smith nominated Jack Cox, and Councilmember Massey nominated Thomas Council to fill in the term of Jerome Calhoun. D. Planning Commission - nominations to fill unexpired term of Frederick W. Best, Jr. Councilmember Smith nominated Jack Justice, Jr. to fill in the term of Frederick W. Best. 13. ADMINISTRATIVE REPORTS: B. Report on appropriation for Vocational Rehabilitation. (Follow-up to February 3, 1997, agenda item) Mayor Pro Tem Blackwell moved to allocate $26,400.00 of Community Development Block Grant Funds for the Fayetteville Vocational Rehabilitation Center, seconded by Councilmember Cheek and carried unanimously by a vote of 9 to 0. D. Report on operational procedures for commercial container collection. Mayor Pro Tem Blackwell inquired as to the status of the contract with ARS. Interim City Manager Roger Stancil stated the Inspections Department is complying with the Council's previous action and are not enforcing anything to do with gate requirements or the container services. He also stated ARS has agreed to continue to work with the City to keep the operational problems minimal. Councilmember Ross requested a report on the loss of four employees in the Community Development Department within the last 24 months. A. Report on Traffic Calming Devices study on Fargo Drive. Councilmember Kendrick stated his support for using this type calming device and requested a report on the cost involving this project. C. Report on Market House lease to Fayetteville Partnership. Interim City Manager Roger Stancil addressed Council regarding Fayetteville Partnership moving into the Market House prior to the approval of their lease. The lease must be approved by their Board prior to approval by the City Council. Mayor Pro Tem Blackwell moved to allow Fayetteville Partnership to move into the Market House prior to the approval of the lease, seconded by Councilmember Kendrick. Councilmember Massey asked if this were a good precedent to set. Interim City Manager Roger Stancil responded with a history of the occupancy of the building. He stated to date there had been no written lease with the various organizations who had occupied the Market House. The practice had been an exchange of occupancy for staffing and service to the visitors in the Market House. At this point a written lease has been prepared by the Real Estate Division and is ready for approval. Councilmember Dempster moved to make a substitute motion to hold off on this and to take a look at the issues and defer any action, seconded by Councilmember Ross. Ms. Robin Legg, Executive Director of Fayetteville Partnership, addressed the Council and stated that her organization had raised $50,000 for renovation of the interior of the Market House with the assumption that they would be occupying it upon completion. A discussion ensued regarding the finalization of the lease and the hardship postponing the move would create for Fayetteville Partnership. Councilmember Dempster stated the taxpayers had paid $800,000 for this project and he wants to study it to see if the taxpayers are getting the best deal. He stated the City needed to look at the options to recoup the money spent. Mayor Dawkins called for a vote on the substitute motion. The substitute motion failed by a vote of 4 to 5 with Councilmembers McBryde, Blackwell, Kendrick, Massey, and Cheek in opposition and Councilmembers Dempster, Ross, Smith, and Torrey in favor. Mayor Dawkins called for a vote on the original motion to allow the Fayetteville Partnership to move into the Market House on March 10, 1997. The motion carried by a vote of 6 to 3 with Councilmembers Ross, Dempster, and Torrey in opposition. Councilmember Cheek requested to reconsider Item 12.A, Election of nominees to fill vacancies on the Historic Resources Commission, seconded by Councilmember Kendrick. Councilmember Cheek stated that she had voted for the wrong person by mistake and would like to correct her vote. Mayor Dawkins called for a vote on the motion to reconsider and the motion carried unanimously by a vote of 9 to 0. Mayor Dawkins called for a recall vote on Mr. Caldwell. Mr. Caldwell received 3 votes (Councilmembers Dempster, Massey, and Torrey.) Then Mayor Dawkins called for the vote on Mr. Clark. Mr. Clark received 6 votes (Councilmembers Smith, Kendrick, McBryde, Cheek, Blackwell, and Ross.) INFORMATION ON PUBLIC HEARINGS SET: MARCH 17, 1997 (P97-4F) Consideration of the rezoning from R6 Residential District to C1A Area Commercial District or to a more restrictive zoning classification for an area located at 2933 Breezewood Avenue. Containing .30 acres more or less and being the property of Roger S. and Henrietta B. Staver as evidenced by deed recorded in Deed Book 3956, Page 526, Cumberland County Registry. (P97-5F) Consideration of the rezoning from P2 Professional District to C1 Local Business District or to a more restrictive zoning classification for an area located at 104 Willborough Avenue. Containing .13 acres more or less and being the property of J.T. Squires as evidenced by deed recorded in Deed Book 4273, Page 672, Cumberland County Registry. (P97-13F) Consideration of revisions and amendments to the City of Fayetteville Code of Ordinances. A summary of the change follows: Section 32-57(16) to create a new section to allow shared parking when churches or movie theaters are on the same parcel, or if a parking agreement with abutting businesses has been reached, if they do not occur on the same parcel. INFORMATION ITEMS: 1. Memo regarding appointment of City Traffic Engineer. 2. Airport Commission - minutes of January 21, 1997. 3. PWC - minutes of December 11, 1996, and January 22, 1997. 4. Human Relations Commission - agenda for March 13, 1997. Councilmember Kendrick moved to adjourn the meeting, seconded by Councilmember Smith and the motion carried unanimously 9 to 0. There being no further business the meeting adjourned at 9:40 p.m. REGULAR MEETING MARCH 3, 1997 - VERBATIM FAYETTEVILLE CITY COUNCIL VERBATIM OF REGULAR MEETING CITY HALL COUNCIL CHAMBER MARCH 3, 1997 8:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large) Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3;) Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: Roger L. Stancil, Interim City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Kai Nelson, Finance Director Ron Hansen, Chief of Police Pete Piner, Fire Chief Frank Simpson, Inspections Director Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) DAWKINS: Tonight we're very happy to have Dr. Al Brice who is the pastor of Covenant Love Family Church. He will come in just a moment to offer our invocation, and we'll remain standing and I'll lead us in the pledge to our nation's flag. May we stand. (Thereupon, the Invocation was offered by Reverend Al Brice, followed by the Mayor leading in the Pledge of Allegiance to the American Flag.) DAWKINS: Thank you so much, Al. Appreciate that. Tonight we'd like to read a proclamation, but before that I'd like to just mention that a good friend of many of ours passed away yesterday, Mr. Odell Smith was a member of this Town Council for many years out there and a businessman in Spring Lake. Of course, Mr. Kendrick and I served him. Mr. Smith served on our Transportation Advisory Committee. And he did pass away yesterday, and I'm sure our thoughts and prayers are with his family. I'd like to read this proclamation, and I'll do it here at the mike. It states whereas middle level education has a special and unique function in the nation's educational system, whereas young adolescents are undergoing dramatic physical, social, emotional and intellectual growth, and are especially vulnerable; and whereas, the habits and values established during early early adolescence have critical life-long influence, and whereas this influence effects the future health and welfare of our nation, and whereas an adequate public understanding of distinctive mission of middle level school is necessary for that mission to succeed; and whereas, it is incumbent upon all of us in education and in the larger community to have high expectations for all students, educators, schools, parents, and community members for the middle school students to achieve and develop their fullest potential; now therefore, I, J.L. Dawkins, Mayor of the City of Fayetteville, hereby declare the month of March 1997 as National Middle Level Education Month and encourage the citizens of this city to support and work with schools to provide the highest standard of schooling for all adolescents in which our nation's schools respond to young adolescents' needs and to the needs of the nations. Thank you very much. All right. And the character education concept for our school system for March is fairness. I'd like to go to Item 1 for the approval of the agenda. BLACKWELL: So moved. SMITH: So moved. DAWKINS: All right, moved by -- I believe I heard Mayor Pro Tem Blackwell and Mr. Smith second. SMITH: No, I wasn't seconding, I was -- DAWKINS: Oh, I apologize. Did I have a second to that, and we'll -- I think Councilmember Cheek wants to speak. Do I have a second to the approval -- KENDRICK: I'll second approval of the agenda. DAWKINS: All right, Mr. Kendrick. Let's go -- Councilmember Cheek wanted to speak. CHEEK: Okay. Mr. Mayor, I would like to request that we move Item 11 up to be Item -- DAWKINS: Item 11? CHEEK: Yes, to be Item 3. That regards a special meeting with some consultants. And since -- DAWKINS: Okay. CHEEK: -- Wednesday night seems like a good time to do that while they're here. We need -- I understand there's some kind of 48-hour notice that we have to do. DAWKINS: There is. We can -- ________: I second that, Mr. Mayor. DAWKINS: All right. We can make that 3-B, because we do have to have our public hearings first, by law. ________: Couldn't we just put that on by consent, Mr. Mayor, then you wouldn't have to do that? DAWKINS: Well, that certainly could be, if Council sees fit, we could move that to consent, and that would even be quicker because we -- Mr. Cogswell is standing. Now, he's speaking. COGSWELL: We're prepared to send the notices out as soon as you make a decision this evening -- (Several males speaking.) COGSWELL: My prediction is to set it at about 8:30. ________: Can we put it on consent? COGSWELL: Yes. _________: Thank you. DAWKINS: All right. COGSWELL: I've set it at 8:30, assuming -- We've been told they're going to take a couple of hours on the other matter, but if he gets through at 8:15 you're just going to have to sit here and wait, I'm sorry. I can set it at 8:00 if it will make any difference. _________: Why don't you set it at 7:00? COGSWELL: Okay. ________: No, don't set it at 7:00. COGSWELL: I'll set it. DAWKINS: Okay. So move to consent? COGSWELL: I'm going to have to set it at about 7:30 then. DAWKINS: In other words, we can start late if we have to? COGSWELL: Yes. DAWKINS: Okay. All right, so we're going, if Council approves moving Item 11 up, this will be 2-L. And this is in discussion of -- _________: Mr. Mayor? DAWKINS: -- our meeting Wednesday night. Yes, sir? ?KENDRICK: Does that also say what location we're having this at? DAWKINS: Well, we should -- Come back, Mr. Cogswell. I -- Go ahead, Mr. Cogswell. (Inaudible.) _________: ... in this room. Thank you. DAWKINS: Well, that's fine. I think we had talked about the earlier meeting maybe being next door, the one where they were -- (Several persons speaking.) _________: ... the one where they were -- _________: Oh, all right. (Several persons speaking.) _________: I was unaware of that. We can set that one over there, too, whichever -- either way. _________: But -- _________: ... the one you set it for. MCBRYDE: Well, are we discussing this, Mr. Mayor? DAWKINS: Yes, sir. MCBRYDE: I'd like it in this room because I'd like to try to get it televised, the meeting with the consultants. DAWKINS: Well, that would be up to Channel -- MCBRYDE: Well, I understand that. DAWKINS: Right. MCBRYDE: But I would like for us to have it in this room and to try to have it televised, if that's at all possible. DAWKINS: Well, okay. We'll be here at a certain time, then we'll see what Council wishes to do. MCBRYDE: Is that an acceptable amendment to that? ?DEMPSTER: I don't have a problem with that, Mr. Mayor, but if we can't get it on TV, I'd like to have it over there because it's more comfortable -- DAWKINS: Yes -- ?DEMPSTER: -- and easier. But if we can get on TV, I've got no problem with doing it over here. DAWKINS: Okay. Well, we'll see, because normally they have -- Well, we'll pursue that then, if Council wishes. But the 7:00 meeting is -- that's where the two representatives from the league -- (Male speaking while Mayor continues to speak.) DAWKINS: -- start over there and then -- whatever Council wishes, we'll do that that night. Okay. All right, so that's Item 11 is moved -- CHEEK: Mr. Mayor? DAWKINS: Yes. CHEEK: I'm sorry, I'm unclear as to how we'll do it. Have we said we want to ask Cablevision to broadcast the meeting on Wednesday night? DAWKINS: Yeah. Well, this is what Mr. McBryde said, if we have no objection from Council. Of course, it would have to be in this room -- CHEEK: Right. DAWKINS: -- because of the facilities. Now, this would pertain to our second meeting Wednesday night, when we meet with the consultants. MASSEY: Mr. Mayor? _________: The first group has asked us to be over there. DAWKINS: Yes. Let me go to Mr. Massey. MASSEY: I absolutely see no reason why we shouldn't have both meetings televised. DAWKINS: Well, that's fine -- _________: Me either. MASSEY: I don't see having to move from one place to another. We can just simply have everything right here and be done with it. COGSWELL: You'll have to start the first one over there and then come over here. __________: Well, we can start it -- COGSWELL: It's almost -- The notice has already gone out and it's past -- MASSEY: Okay, if the notice -- COGSWELL: -- so I can't -- DAWKINS: Okay. But if we want to do that, we can come on -- I -- The reason I had mentioned that one for the first one, I thought it would be just a more -- (Someone speaking while the Mayor continues.) DAWKINS: -- maybe a more relaxed atmosphere to do the first one. But I have no problem with -- MASSEY: Well, if the public wants to see the process that we use to -- DAWKINS: Well, that's fine with me. ________: That's right. MASSEY: -- a City Manager, I think they ought to. DAWKINS: Okay. Let's do -- I think all Council Members are agreeing along with the Mayor then, if they can both be on television, and maybe we can contact in the morning and notify particularly the Councilmembers or anybody else, if we are going to be able to televise it, then we'll just meet -- have both of them over here. But technically, as Mr. Cogswell said, we may have to call it to order over there and then we'll come over here. MASSEY: That will be fine. DAWKINS: That's no problem. COGSWELL: I'll go ahead and set your second one in here to start with. DAWKINS: All right. Let me -- I've got -- Wait a minute. I've got Mr. Smith -- Let me get this in order. Councilmember Smith and Blackwell. SMITH: Thank you, Mr. Mayor. I just wanted to say on the first meeting that the League of Municipalities had requested we have as informal a setting as possible -- DAWKINS: Right. SMITH: -- and that was the reason I think it was suggested to be over there. So I think we need to consult them before we -- ?MCBRYDE: We pay them to be members. They come down here to help us. So, they'll meet where we ask them to meet. DAWKINS: Okay. Well, anyway, we'll start off over there Wednesday night. Anything else? Mayor Pro Tem Blackwell? BLACKWELL: I don't have a problem moving this to consent. The only problem I had -- have, is I thought we were going to have some discussion -- DAWKINS: Well, that -- BLACKWELL: -- about contract agreement. I know that we were going to... DAWKINS: Right. Well, what we can do, of course, naturally is move it to consent and then pull it and discuss it then if Council wishes. BLACKWELL: Well, I just had -- _________: -- need a motion. BLACKWELL: I just had some questions of management and the attorney which may help me for Wednesday night, and that's why I wanted it left under discussion. DAWKINS: Well, we can pull it and discuss it. CHEEK: Mr. Mayor, would it help if I made my motion just to -- for the setting the public meeting and to leave Item 11 there for discussion so we can have -- BLACKWELL: If you want to move it to consent, Mr. Mayor, and then let me pull it for discussion -- DAWKINS: Oh, yes. BLACKWELL: -- I'm happy with that. DAWKINS: Yes. BLACKWELL: Just to ask a few questions to help me for Wednesday night. DAWKINS: We can do that, and I think that will help -- Bob has got to send someone to notify the news media, so I think -- BLACKWELL: I'm okay with that -- DAWKINS: All right. BLACKWELL: -- if it's okay with everybody else. DAWKINS: Yeah, we'll discuss it, certainly. Okay, so that's been placed at L. So first of all we'll need a motion, of course, on the approval of the agenda -- Well, we have that motion and we have a second by Mr. Kendrick, and I'll go to Mr. Kendrick. KENDRICK: I'd like to add one item. DAWKINS: All right. KENDRICK: Before the appointments so it can be Item 11 now, since we're moving 11 up -- DAWKINS: Okay. KENDRICK: -- about the Marvin Plan. I'd just like some clarification from staff or Council members. DAWKINS: About the Marvin Plan. Okay. So that will be the new Item 11. Mr. Kendrick would like to ask some questions about the Marvin Plan. That will be Item 11 then. Okay, is there any other things we need to move or look at? (No response.) DAWKINS: All right. We do have a motion by Mayor Pro Tem Blackwell, seconded by Mr. Kendrick for the approval of the agenda as amended. All right, I'll ask for your vote. (The motion carried unanimously by a vote of 9 to 0.) DAWKINS: And that is unanimous. Thank you so much, Council. All right. Now, we'll go to Item 2 which is the -- MCBRYDE: -- approve of -- CHEEK: Second. MCBRYDE: -- with the exception of Item L -- DAWKINS: We have a -- MCBRYDE: -- pulled for discussion. DAWKINS: -- a motion to pull Item L that's made by Mr. McBryde, seconded by Dr. Cheek. TORREY: Mr. Mayor? DAWKINS: Mr. Torrey? TORREY: I'd like to pull Item 2-I. DAWKINS: 2-I, yes, sir. SMITH: And 2-B, Mr. Mayor. DAWKINS: 2-B. Hadn't said that in a long time, to be or not to be. Thank you, Jim. Appreciate you pulling it. Okay. And then I think. I know that Mayor Pro Tem Blackwell wants to address Item L. I, L and B have asked to be pulled. So we have a motion to approve the rest of them. So I'll ask for that vote. (The motion carried unanimously by a vote of 9 to 0.) DAWKINS: And that vote, Ms. Jones, is unanimous. Thank you so much, Council. Let's first go to 2-B, Mr. Smith. SMITH: Thank you, Mr. Mayor. DAWKINS: Yes, sir. SMITH: On page 042 at the bottom or 581 at the top, whichever, of the minutes, eighth speaker down where I was speaking as the minutes are recorded, it says and we're not going to order you to do anything illegal. I'm not authorized to speak for anyone. I'd like to change that to I'm not going to. That second word there in my... DAWKINS: Okay. Let's everybody find that statement. _________: I don't believe we can change what we said. It's got to be what was recorded. SMITH: Okay. Well, if I said that, I misspoke. That's what I'm saying. (Inaudible.) SMITH: And I talked with Mr. Stancil and he said that this was the proper way to do this. DAWKINS: All right. Let's -- Okay, let's go to that. I see what you're talking about, where Councilmember Smith speaks, and you're saying that -- and I'm not going to order you -- SMITH: Right. DAWKINS: -- to do anything illegal. SMITH: I'm just speaking for -- I was speaking for myself. I was not authorized to speak for anyone else. DAWKINS: Yes. All right. Okay. SMITH: And I didn't want to mislead anyone or anything else -- DAWKINS: Right. SMITH: -- and I asked Mr. Stancil -- DAWKINS: Okay. SMITH: -- and he said that this was the proper way to do it. DAWKINS: All right. Let's go to Mr. Dempster. Come there Roger, if you would. Go ahead. STANCIL: I'll be glad to explain my conversation with Mr. Smith. DAWKINS: All right. STANCIL: We were talking about that, and he wanted to correct the minutes, and I suggested this would be the time to do it. DAWKINS: Right. STANCIL: But even if he didn't correct the minutes with the approval of the Council, then the minutes of this meeting would reflect that he wanted to -- DAWKINS: Right. STANCIL: -- that that was his intent. DAWKINS: All right. Thank you, Mr. Stancil. Let's go to Chris. DEMPSTER: That was kind of it, Mr. Mayor -- DAWKINS: Yeah. DEMPSTER: -- Just what's the procedure to do it. DAWKINS: Right. Okay. So we can do it, I guess, either way. In other words, Mr. Smith said he actually stated to say I, because he could certainly not speak for everyone on the -- ?MCBRYDE: I think he just corrected it. DAWKINS: Okay. ?MCBRYDE: And this meeting will show it correctly. DAWKINS: All right. So that's on page 581, Ms. Jones, where Mr. Jim Smith stated that. I think it's about eight lines down, and he's asked that be corrected to I. ?KENDRICK: Is there a problem -- Mr. Mayor? DAWKINS: Yes. ?KENDRICK: Just one question. DAWKINS: Okay. ?KENDRICK: On page 41 -- DAWKINS: Okay. ?KENDRICK: -- where Mr. Jim Smith states that and, Bob, maybe you're the one that needs to answer this. If we offer... Should that be if I offer -- ?DEMSTER: No, we would be the Council offering him a severance pay. ?KENDRICK: Okay, you're going to offer. Okay. DAWKINS: Okay. ?DEMSTER: That would be the Council. DAWKINS: Okay. All right. We'll put that in there. All righty. Now, let's go to Mr. Torrey on 2-I. TORREY: Mr. Mayor and members of the Council, I would like to note that Mr. Andrew Daniels and Ms. Teresa Daniels had their due process. I'd like Mr. Frank Lewis, the housing inspector to come forward. DAWKINS: Okay. Mr. Frank -- Well, let me go to Mr. Stancil. We do have Mr. Simpson standing by. This is on 2-I. STANCIL: Let me point out to you, in front of you is a memo from Frank Simpson to me, which references a mistake that was in the letter. The letter, the finding of facts and order letter, the first paragraph lists December 26th, 1996, as the date of condemnation, and that should really be December 26th, 1995. Otherwise, the letter is dated before the inspection was conducted. And there was some question about the received notices, which indicates that they received the notice, Mr. Torrey, that was required by the law. And what those receipt notices that you have in your agenda packet stood for, Mr. Simpson has attempted to clarify that. But he's available to answer any questions, and we also have a video of that property if you would like to see it. TORREY: I sure would like to see it. Thank you. DAWKINS: All right. Let's set up -- ?KENDRICK: Mr. Mayor, could I just ask one question? DAWKINS: All right, go ahead. ?KENDRICK: Mr. Stancil said the house was inspected December 26th of '95, not '96? STANCIL: That's correct. ?COGSWELL: It was a typo; that date should have been '95 instead of '96. DAWKINS: And, of course, under 2-I it says '95. All right, we'll take a moment here and get set up where Council can see this property. Incidently, this property is at 5228 Foxfire Road. You may need to move it to make sure that Mr. Torrey and Ms. Ross can see from their angles. (Video equipment was set up for the presentation.) SIMPSON: As you can see from the outside, it doesn't look like it's all that bad, but this house is a total loss. The inside of it is burnt totally out. The floors dropped through. It's burned out. And the insurance company settled on this house March of '96. ?KENDRICK: What do you mean, settled on the house? SIMPSON: Paid it off. ?KENDRICK: Paid the house off? The house was demolished or...? DAWKINS: In other words, all the inside was burned out. I can see everything is boarded up. ?KENDRICK: Are they living in there, Frank? I mean, it lists this as their address. Are people still living there? SIMPSON: There's nobody living there, no. That house burned the day after Christmas. There's the roof. You can see how the roof is damaged in the back. And it burned the day after Christmas in '95, and March '96 the insurance company paid it off. Nobody has lived in it since the fire. ?KENDRICK: Okay. SIMPSON: Just a second, it's -- we'll go inside there and that will show you -- give yOu a little bit better idea of what we got. There you go. _________: Umm. SIMPSON: That's the inside of the house. You see there's no walls, it's open up through the roof. The floor right below there, you can't walk in the house. Just the first step you take, you're down in the crawl space. ?KENDRICK: Mr. Simpson, has there been some question about us ordering a demolition on this house by anybody? SIMPSON: Not that I know of. ?KENDRICK: Okay. SIMPSON: Because we've had some concerns from the neighborhood about this house. It's sat there for a long time with no insurance on it. In a case like this it does take longer because we try to work with the insurance company to get settlements done. And I guess we were being told that -- (Inaudible.) ?KENDRICK: By the owners? SIMPSON: Yeah. ?KENDRICK: All right. Thank you. (Inaudible.) DAWKINS: We thank you for that. Let's go back to Mr. Torrey. TORREY: Have you had any response from the owners? SIMPSON: They signed for the ... part of it. That's all I can say. TORREY: All right. Thank you very much. I move that we place it back on the agenda. SMITH: Second. DAWKINS: All right. In other words, go ahead and order the demolition, Mr. Torrey? TORREY: Yes. DAWKINS: Okay. Who seconded -- was that... SMITH: I seconded it. DAWKINS: Oh, Mr. Smith, okay. All right, any discussion on 2-I, order the demolition. I'll ask for your vote. (The motion carried unanimously by a vote of 9 to 0.) DAWKINS: And that vote is unanimous. Thank you so much, Council. Now, let's go to the added item we moved up from 11. Of course, it will be 2-L. And this is consideration of setting a special meeting to discuss contract agreement with investigators. I'm going to recognize first Mayor Pro Tem Blackwell. BLACKWELL: Thank you, Mr. Mayor. Mr. Stancil, could I get you to come forward, please, sir. And we might need Mr. Cogswell, I'm not sure. Can you tell me what is the standard operating procedure for awarding contracts? What do we require of anyone that wants to do business with the City? STANCIL: Do you mean in terms of the contract form? BLACKWELL: Yes. STANCIL: I believe sometime last week I sent you a copy of the contract that I had sent to Dr. Hunter and Ms. Grant. BLACKWELL: All right. I didn't get mine until this afternoon. And I apologize that I was out of town to a funeral today. But I really didn't get a chance to read that. If you could just summarize to me. Is that our standard contract? STANCIL: That is a standard contract we use with all kinds of consultants, all the way from -- We try to use it from architects and engineers to people for this purpose or any purpose that we have someone to contract with the City for a service. Now, what we tried to do was to make that contract form as simple as possible because we were trying to get it to them so they would have something they could react to. BLACKWELL: Right. STANCIL: And when I sent it to them, I sent -- I believe I sent you a copy of the letter I sent, and I asked them to call me with any questions, and that this was a draft, and that any contract would come back to the Council for your final approval. And basically, it just sets forth the scope of services, and that contract I sent them, the scope of services attached was the appropriate parts of the resolution that the Council had adopted. And then it talks about what's the basis for compensation, appoint somebody to be the kind of liaison with the contractor, it has insurance requirements that would be basic for whatever -- for anybody we were contracting with. And then, of course, I asked them to come back to us with what they thought their methodology might be, any questions they had about it, what they thought -- when they thought they could start, how long they thought it might take. And, of course, part of their difficulty in responding to that was needing to meet with you to understand what that scope was in more detail. BLACKWELL: Okay. Are you comfortable that they will be prepared -- I'm assuming from your correspondence to us that -- are both individuals coming for Wednesday night's meeting? STANCIL: I have only talked with Ms. Grant -- BLACKWELL: Okay. STANCIL: -- who told me she was coming. I have not heard from Dr. Hunter. My understanding with her was that she would coordinate with him and have him here at the same time. BLACKWELL: All right. Are you comfortable as management that they will be able to respond to the contract? Have you had anything official from them? STANCIL: No, I talked to Ms. Grant last week, maybe Thursday or Friday. It was the end of the week. And she indicated to me that she would try to have for me this morning a draft proposal -- proposed contract so I could provide it to you tonight so you would have time to look at it. I believe we got a -- I believe I put that in front of you, a memo from her that was faxed this afternoon or this morning saying that she was unable to prepare that proposal and that she would bring it with her on Wednesday. So, that's what she plans to do is bring it with her on Wednesday to discuss it with you at your meeting. Now, of course, she has been -- One of the things that she referred to in there was about my answering some questions and providing her information. And I've tried to explain, I can answer all the administrative details that she needs, in terms of what kind of support we might be able to supply, which we've indicated we will supply any kind of support they need to do the job. But when it came to defining the scope of services more clearly for her, and if she had any questions about that, I was not the appropriate person to ask about that; that she really needed to talk with you. And I tried to explain that I couldn't set a meeting of the City Council, that y'all needed to do that in order to meet. And that's when she suggested that the only time that she would be available over the next couple of weeks would be Wednesday night. BLACKWELL: Okay. I am assuming at this time, we don't want to discuss your memo to us. Would we save that for Wednesday night? STANCIL: That would be fine. Whatever you like. BLACKWELL: Because I don't -- Mr. Mayor, I don't -- STANCIL: -- probably say that we ought to do that. BLACKWELL: I just want to make sure you and Mr. Cogswell -- Mr. Cogswell, have you reviewed the contract? Did you help draft it? COGSWELL: I drafted it. BLACKWELL: You drafted it, okay. DAWKINS: Come around, Mr. Cogswell. Come to the microphone. COGSWELL: ... 15 to 20 years, we've used it for virtually every consultant except some of these big massive projects. But normally -- BLACKWELL: Okay. COGSWELL: -- when it's an engineer or someone like that, we just change the name from investigator to architect to engineer and attach the scope of services. And that's normally what we do, and we've never had any problem using it. BLACKWELL: And then on Wednesday night will we be able to determine a ballpark figure of the cost? Will that be part of our discussion; the length or an estimated time frame that this person will be working in and all that? STANCIL: And, of course, that's part of the difficulty she has in providing that information, is understanding from you exactly what you want. BLACKWELL: Okay. STANCIL: And that's part of what contract negotiations are, and that's what this meeting would be an opportunity for you to say, this is exactly what we want, this is the time frame we would like to have it in. And then she can respond to you, well, that will take this much money. BLACKWELL: Okay. STANCIL: And those are the kinds of questions I can't answer for her. I can tell her that we'd like to do it as soon as possible, we'd like for her to be here as soon as possible, but talking about exactly what kind of detail you're looking for, I think it's best that you define that. BLACKWELL: Well, we have a lot of information that is just, as we all have, a lot of information has been sent to us, and I think it's important that we all study it and read it, because we've got several different opinions here. My only point in bringing this up is that I want to make sure that we're following standard procedure for the City in the hiring, just like we would an architect, as you said, or anybody else that does business with the city. STANCIL: Right. That's what we would do. We would provide them -- Well, most of the times we would pick several and we would interview quite a few, whatever; but that's nothing that's required by the law or whatever. This is a service contract. And so, we have sent them the same kind of contract we would use. BLACKWELL: Okay. And I want to make sure again that you and Mr. Cogswell are comfortable and confident that this is correct, based on the knowledge you have as of this date when you drafted it. STANCIL: That the form we sent? BLACKWELL: Yes. STANCIL: It was a place to start -- BLACKWELL: Okay. STANCIL: negotiations. That's all it was. BLACKWELL: And that can be amended? STANCIL: Yes. BLACKWELL: Okay. STANCIL: And it's your decision what that contract looks like. You can contract with anybody you want to for this purpose in any manner you like. That contract can look like what you want it to look like. What we tried to send them was the simplest contract we had, so they could have somewhere -- something to look at and respond back to us. BLACKWELL: Okay, I realize that we can by majority vote do what we want to do. But my point again is that I'm going to expect Mr. Cogswell to give us some advice on Wednesday night if he feels that we're straying too far from what standard procedure is. That's all I'm asking for. STANCIL: I'm sure we'll both do that. BLACKWELL: Okay. STANCIL: And that's what the other reason I sent you copies of contracts that the City of Durham and the City of Greenville had used for similar kinds of projects; that I thought that would give you something else to look at. BLACKWELL: Mr. Mayor, that answers my question. STANCIL: Thank you. BLACKWELL: And I'll move for adoption of 2-L. DAWKINS: All right. BLACKWELL: Thank you Mr. Stancil and Mr. Cogswell. DAWKINS: We have the motion. Do I have a second? ROSS: Second. DAWKINS: Ms. Ross. All right. And this would be, as we mentioned earlier, let's contact the TV folks in the morning, Cablevision. So -- And I guess as Mr. Cogswell stated, because the first meeting may not last any longer than an hour, I would suggest maybe this one at 8:00. I'm sure the other one will last an hour. COGSWELL: Getting ready to go take care of that right now. We're going to put it -- When she sticks it in the fax machine, that's the time it's going to be -- DAWKINS: Okay. Well, if that's all right with Council then, 8:00. And... All right. Well, it's already gone, so hopefully -- Were you voting, Mr. -- ________: I was voting. DAWKINS: You voted. All right. I'll ask for your vote. I hope we vote for it, because they're already faxing it. (The motion carried unanimously by a vote of 9 to 0.) DAWKINS: All right. That's unanimous. That's efficiency in government. Thank you. All right, thank you very much, Council. Okay. Now, tonight we have one public hearing. At our public hearings we allow 15 minutes for each side of an issue to be heard, and also any one person can speak up to five minutes unless that person is a designated spokesperson, they can have the full 15. Naturally, we always respect the differing opinions of others if they are different. And if you are listed later -- I'm not sure if we have one. But in case anyone is listed under a nonpublic hearing item, the same rules apply. And, of course, any questions by Council or answer from the audience does not count against the time limit. 3-A is consideration of adoption of an ordinance to extend the corporate limits of the City of Fayetteville, North Carolina. Petition initiated contiguous annexation area. Lafayette Plantation Mobile Home Park - Wildwood Drive. The Interim City Manager, Mr. Stancil. STANCIL: This is the property we're talking about. It's located on Raeford Road. And if you'll look to this map over here, it's Item 3-A down the southwest corner of the City. And while you're looking at that, I would just point out that every City Council Meeting we try to take items on the Agenda that have a geographic location and pinpoint them on the map so you can kind of get a feel for where they are. ________: Good job. DAWKINS: Great. That's good. STANCIL: This is a petition annexation for the area known as LaFayette Plantation Mobile Home Park. It is contiguous to the City. It was formerly the Cross Creek Mobile Home Park, was bought in June of 1996 by an individual who closed the Cross Creek Mobile Home Park. Mr. Teddy Dale Parker who bought the property plans to redevelop the park and reopen as LaFayette Plantation Mobile Home Park. It consists of 46 acres. Currently has two residential units and the vacant mobile home park. It is projected -- It's already served by PWC sewer, and the owner plans to get water from PWC, which is obviously the reason for the petition in the first place. There are proposed to have 241 housing units on this property in the future with a projected population using the standard number of persons per household of 548. Now, the city staff and the PWC staff recommend that you adopt this ordinance to extend the corporate limits of the City of Fayetteville effective today. DAWKINS: All right. Okay, let's go to Ms. Jones -- BLACKWELL: -- adoption -- SMITH: Second. DAWKINS: -- signed up, closed to Public Hearing. Mayor Pro Tem Blackwell, Councilman Smith seconds it. Any discussion on the motion? (No response.) DAWKINS: I'll ask for your vote. (The motion carried unanimously by a vote of 9 to 0.) DAWKINS: And that vote is unanimous. Thank you so much, Council. I believe that's the fastest one on record for a public hearing. Item 4 is consideration of an ordinance amending Chapter III Governing Body, and Chapter IV Elections of the Charter of the City of Fayetteville, creating nine single-member districts and three at-large seats on the City Council for the election of City Council Members. Mr. Cogswell? COGSWELL: This is the next step in the process after the public hearing the law indicates that once you've held public hearing at your next regular meeting and within 60 days you may adopt an ordinance to implement the change. The same would apply to the next two items as well as this one. If you've got any questions, I'll be glad to answer them. But this is the ordinance that would implement the nine single-member and three at-large system. DAWKINS: All right. First, are there any questions of Mr. Cogswell. COGSWELL: Mr. Wilson is here also. DAWKINS: And Mr. Wilson is here somewhere. I see him. KENDRICK: Mr. Mayor, if I may? Mr. Mayor, if I could ask Mr. Wilson a question. DAWKINS: Mr. Kendrick? All right. Mr. Wilson, you might want to -- Of course, Mr. Wilson is our consultant on this. Mr. Jerry Wilson. We're glad to have you. If you'll come to this microphone, we may have -- Mr. Kendrick, I know has a question. KENDRICK: Where was the map that was over on this side? DAWKINS: Okay, thank you. KENDRICK: Thank you, Mr. Wilson. In the -- We tried to stay within the precinct boundaries too; correct? WILSON: This plan -- Both of these plans were drawn to give considerable consideration to the maintenance of your current precinct boundaries. These plans do much better in terms of splitting the precincts. KENDRICK: And here's -- Here's what my question is. And -- And specifically for anybody that may guess, I'm talking about District 6 which is my district at this point. To the far west, it goes into the Montclair subdivision... WILSON: Yes? KENDRICK: -- and that splits up a precinct. WILSON: Yes. KENDRICK: Would it not be better to take that section and move it back down where it was before, just out of sheer curiosity? WILSON: Umm... KENDRICK: Because you would take away from District 9 on one part, but you'd replace it back on another, and that would keep your districts together -- at least your precincts. WILSON: Your precincts. I know the precinct you're talking about, it's what's currently known as Montclair. That precinct is split into three parts. It is the only precinct in the -- in the new plan that is treated in that way. That precinct is very important to us because of the ability to create the 7th District which has a minority population majority and to balance out the population in the 6th and the 9th Districts. KENDRICK: Okay, well I realize that. But what I'm saying is, Jerry, if you went down and you replaced that far west and you moved it down -- ?MCBRYDE: The green part. KENDRICK: -- the green part, and you moved it down to the right bottom of District 9, that would replace your numbers. ?MCBRYDE: He's talking about making that green part purple and put some green down in that hole on 6 there. _________: ... Jerry -- WILSON: Uh-huh. ?KENDRICK: ... but just taking this here and putting it here. To line that district back up. WILSON: It's possible. It causes us to split more precincts, but it's quite possible. KENDRICK: How would that cause you to split more precincts? That's Cross Creek 18 and 15 right there. WILSON: The District 6 and 9 boundary is a precinct line. KENDRICK: Uh-huh. WILSON: So that if we make that adjustment, we'll have to split it. KENDRICK: You're splitting it on one end or the other? WILSON: Of course. KENDRICK: And to me, we want to make sure the voters -- it's easy for the voters, I know this has been talked about here on Council, to make sure the voters know where they're at. WILSON: Right. KENDRICK: To me, Mr. Mayor, and fellow Councilmembers, that would sort of even things out. _________: Well, I think that -- ?MCBRYDE: But the point is that he's talking about things on the north side of Raeford Road being in 9 and the south side of Raeford Road being in 6 or something; is that basically what you're saying? KENDRICK: Yeah. DAWKINS: Well, I guess, Mark, of course the numbers would have to be pretty close, too. Because to stay -- because of 7th -- KENDRICK: Thank you, Mr. Mayor, for answering my question. It was just a curiosity, that's all. Thank you. DAWKINS: Okay. The public cannot see this, of course, but 7, 8 and 9, and I think 7 and 8 -- no, excuse me, 7 has to have majority minority. WILSON: Yes, it does. DAWKINS: And incidently 7, 8, and 9 I believe there are no incumbents, Councilmembers living in any of those three districts? WILSON: That's correct, Mr. Mayor. DAWKINS: All right. Let's go to Mr. Dempster. DEMPSTER: Thank you, Mr. Mayor. Jerry, it seems like you're probably going to have split precincts any way you do it with that scenario. So, you know, you put a lot of work into this. I like that plan. DAWKINS: All right. Any other comments or questions of Jerry, Mr. Wilson? Mayor Pro Tem Blackwell and Ms. Ross? BLACKWELL: Thank you, Mr. Mayor. Good evening, Jerry. WILSON: How are you, Mr. Blackwell? BLACKWELL: Fine. Probably I'll be the lone wolf again. But did you not tell us how many months ago that you thought three multi-member districts was the way to go, was not retrogressive, and that would be your first choice? WILSON: (Laughing.) I indicated to you that among the plans that I thought were legally enforceable, a plan consisting of three multi-member districts with three seats in each district I thought would be fine because of the nonretrogressive elements that could be worked into it. And my concern about anything that you do getting past Section 5 of the Voting Rights Act. BLACKWELL: And you think that would get by there? WILSON: Under the -- With the population figures that we have and the concentration of minority voters, as we know them now, I think that it would be nonretrogressive. BLACKWELL: I guess the main concern I have again is that we have paid you to come in and give us advice and what I consider a considerable amount of money, and I don't throw a stone at you by saying that, Jerry, because you are what I consider an expert in this and then even though you have come up with a lot of plans, you had a lot of direction from different people as to what to come up with, so I don't envy what you've had to do. WILSON: Uh-huh. BLACKWELL: And I just have to say that I think the three multi-member districts are the way to go, but also am smart enough to know that all my objection is not going to help and my opinion tonight. WILSON: Uh-huh. BLACKWELL: So I will support what a majority of Council wants at this time, but I do say that to pay you to come to Fayetteville and spend the hours and days that you have to make what I consider as your number one choice, and then we not listen to you, just doesn't make any sense. If we wanted certain things, we probably could have had our staff draw it up ourself and left you in Atlanta, and that's not what I wanted to happen. But I appreciate you answering that question. WILSON: Thank you. DAWKINS: All righty. Thank you very much. Let's go to Ms. Ross. ROSS: I just want to say ... thank God, he's here. DAWKINS: That's good company to be in Ms. Ross. Chris, did you have anything else you want to...? DEMPSTER: Jerry, did you say that was the best way to go? WILSON: It's an acceptable way to go. That would be my -- DEMPSTER: Is it the best way to go? WILSON: I guess my -- the primary focus on the three-three-three has been, you know, what will help you in the future. When you move to the next round of annexations, it is going to be difficult under a districting scheme to maintain the minority districts at the current population percentages and one of them may actually drop off, which puts us back in a position where we have to look at modifying the system. Unless those annexations are somewhat limited, and the numbers are carefully thought out in terms of how they impact on your current election system. So be forewarned that it's going to be more difficult next time around. DEMPSTER: But that's assuming that we continue with this aggressive annexation that we're currently under? WILSON: Yes. DEMPSTER: Not an amended form of annexation? WILSON: Obviously, yes. DEMPSTER: Because some of us feel that maybe we've been too aggressive with our annexation and we need to pull back some. WILSON: Uh-huh. DEMPSTER: So anyway, I just... Thank you, Mr. Mayor. DAWKINS: Thank you, Mr. Dempster. I want to go to Mr. McBryde. MCBRYDE: Mr. Mayor I would like to agree with Mr. Blackwell. The three-three-three is obviously the way to go because the City will grow with it. I don't think we have to be real aggressive with our annexation for it to mess up the district system that we have now. And I also quite frankly think 12 Councilmembers is too many, so... DAWKINS: All right. MCBRYDE: I kind of think the three-three-three would definitely have been the best way to go. DAWKINS: All right. This is a point of information. Last week Council had a public hearing, which is required by law, and of course before you consider or send -- or vote to send anything, particularly to the Justice Department, you have to have the public hearing. So the public hearing on the nine-three, of course, has been held. Now, Mayor Pro Tem Blackwell wants to speak to the second time on this subject if Councilmembers Cheek, Massey, Smith, Kendrick, and Torrey do not speak, or do not wish to speak. I see Councilmember Cheek wishes to speak. CHEEK: Thank you, Mayor, and Councilmembers. I think that for the ease of citizens and responsiveness of Government, it would have been very good to go with the three-three-three as we had talked about, as we had asked the Legislature for. Since that's impossible because we don't have the enabling legislation now and we don't have the support on this Council, I plan to vote for this. But I would like to say that I think that the nine-three is too big. It's good in that people at least are allowed to vote for more than one member of the Council, which is good, but the Council is too large and I vote for it reluctantly, but I will support the plan since it's about the only choice we have now. Thank you. DAWKINS: Thank you very much. Does any other Councilmember wish to speak that has not spoken on this matter? (No response.) DAWKINS: I want to go back to Mayor Pro Tem Blackwell. BLACKWELL: Thank you, Mr. Mayor. DAWKINS: Yes, sir. BLACKWELL: I just refer you to our minutes of a year ago almost where we voted for the three-member three districts and submitted it -- wanted to submit it in the short session of legislature, and the minutes are available to check. But, Jerry, again, if I misstated it, I wanted you to correct me. I'm looking at my notes of February 6th, 1997. WILSON: Right. BLACKWELL: And your first choice was three three-member districts. WILSON: That was the first option. BLACKWELL: And I wrote down there equals not retrogressive. WILSON: That's correct. BLACKWELL: So if you're ranking them one, two, three -- WILSON: (Laughing.) BLACKWELL: -- you had that as number one. That's all I wanted to make clear. WILSON: It was the first one that shows up in your document. BLACKWELL: Okay, now secondly, you mentioned that on the nine single member, and if I wrote my notes wrong, please correct me. On the nine single member, with three at-large -- No, I'm incorrect. I'm incorrect. I withdraw that question. DAWKINS: All right. BLACKWELL: Thank you, Mr. Wilson. DAWKINS: Thank you. Thank you, Jerry. One of the points -- Of course, most of your have been with us through all this and we appreciate this multi-member district, the three of them that we've been referring to, has to be approved by the General Assembly. There are other options such as this that Council has that they can take action on and send to the Justice Department. But for Council to consider multi-member district and that could be in the future whenever, but it has to be first put in our Charter by the General Assembly. Okay, If anyone would like to make a motion, unless there is any more questions of Jerry, Mr. Wilson. DEMPSTER: I'd like to make a motion. DAWKINS: Yes, sir. DEMPSTER: I make a motion that we adopt this plan right here, whatever number it is. DAWKINS: All right. WILSON: For clarification, Mr. Mayor -- DAWKINS: Yes, Jerry if you would. WILSON: You have two options here, one is drafted -- or its drafting date is the 24th of February, and the other one is labeled the 25th of February '97, so the latter version is this one. DAWKINS: Okay. _________: The latter version -- _________: They've both got twenty -- DAWKINS: Mr. Cogswell, please come to the mike if you wish to speak. _________: I think the 25th is when... COGSWELL: All the ... on this month ... (End of TAPE 1-A.) (Begin TAPE 1-B: ) COGSWELL: ... language in the charter. This will be Item -- DAWKINS: Item 7, we'll get -- I believe, Chris, to what you're talking about and would probably be the 25th. COGSWELL: All you're approving now is the structure. DAWKINS: Okay. DEMPSTER: Fine. BLACKWELL: Mr. Mayor? COGSWELL: -- considering. DAWKINS: Yes. And Ms. Ross seconded that. Were you through, Chris? DEMSTER: Yes. DAWKINS: All right. MASSEY: Hold on, I want to be sure -- DAWKINS: Okay. MASSEY: -- if you don't mind... DAWKINS: All right. Now what we're doing now, let me say it again, Bob, we're just approving nine single districts and three at-large. Then on Item 7, we can then make the motion and I would think -- (Several persons talking while Mayor is speaking.) DAWKINS: -- we would adopt the one that is 2-25, February the 25th, that has, I think, in that one you've got two different districts with two or three with incumbents in those districts. MASSEY: That sounds fine. Thank you, Mr. Mayor. DAWKINS: All right. Let me go back to Mayor Pro Tem Blackwell. BLACKWELL: I would just like to agree with Councilperson Cheek that I don't -- As I said earlier, I don't think we need 12 Councilmembers up here, but it looks like that's the only plan that's acceptable. But I do object to 12 Councilmembers. DAWKINS: All right. And I don't have to belabor it, if this passes, this goes through a process. The Justice Department has up to 60 days, on the 59th day they might can ask for something else. But this does get it along, if action is taken in the next few moments, to make sure we have an election this November. In other words, we should have plenty of time to get -- but that's -- nothing in life is guaranteed, but if we wait much longer, that could harm that date. Okay, any other discussion on the motion by Mr. Dempster, seconded by Ms. Ross? (No response.) DAWKINS: All right, I'll ask for your vote. (The motion carried by a vote of 8 to 1.) DAWKINS: All right, the vote is eight to one. Mr. McBryde in opposition. Ross, Cheek, Massey, Dempster, Blackwell, Smith, Kendrick, and Torrey. So that motion passes, Mr. Cogswell. So that will be sent to the Justice Department. All right. Thank you very much, Council. We will now go to Item 5, consideration of an ordinance amending Chapter III, Governing Body, and Chapter IV, Elections, of the Charter of the City of Fayetteville creating four-year staggered terms for the election of the Mayor and Members of City Council. Before we go to this, and I haven't asked Mr. Cogswell, and of course we'll be discussing a couple of them. But Bob, if you'll come to the mike for us. If either one of these two passes, would you explain what could take place? I know five or six years ago Council took action -- COGSWELL: It's the same as the one you just approved (or disapproved). Any change that you make in your Charter pursuant to this Statute that amends your election, is subject to being put to a referendum. If a sufficient number of signatures are submitted within 30 days, they're subject to a referendum. DAWKINS: In other words, even on the one we just passed and then the four years. COGSWELL: The one you just passed. DAWKINS: Because I wanted everybody to understand that because I think five or six years ago, there was a -- Do you have the numbers or percentages such as the... COGSWELL: Five thousand. DAWKINS: Okay. Well, I just wanted everybody to be aware of that. COGSWELL: It's ten percent or 5,000, whichever is less of those registered to vote. DAWKINS: Okay. I think in the City now, it's about 47 or 48 not counting the new annexed people who have to be cleared by Justice Department. Okay, thank you, Mr. Cogswell. COGSWELL: Excuse me, one more thing. That was just those that are registered right now. The people in the areas recently annexed would not be eligible to participate in that particular petition if they... DAWKINS: That particular petition. Okay, so it'd probably be roughly 4,700 votes. All right. And 5, of course, is consideration of an ordinance amending Chapter III Governing Body, and Chapter IV Elections, of the Charter of the City of Fayetteville creating -- Now this one we're discussing is the four-year staggered terms for the election of the Mayor and Members of City Council. This number 6 coming up just says four-year terms. But we'll be discussing -- This is four-year staggered terms. I'll go first to Mr. Smith. SMITH: Mr. Mayor, I'd like to make a motion if I could. DAWKINS: All right. SMITH: That we not establish four-year staggered terms. DAWKINS: Okay. DEMPSTER: Second. DAWKINS: All right. That's seconded by Mr. Dempster. So we have a motion that we not establish... (Several males talking.) _________: You don't need a motion, Mr. Mayor. DAWKINS: Well, actually we don't unless there is a motion. Okay, so we'll move on. Thank you, Mr. Smith, Mr. Dempster. Item 6 is consideration of an ordinance amending Chapter III Governing Body, and Chapter IV Elections, of the Charter of the City of Fayetteville creating four-year terms for the election of the Mayor and Members of City Council. _________: Mr. Mayor? DAWKINS: Yes. _________: I don't know if I can make a motion, why couldn't we just move to Item Number 7? DAWKINS: Well, if I don't hear any motions, we'll move to Item Number 7. (No response.) DAWKINS: All right. We will move to Item Number 7, which is Consideration of Adoption of Revisions to the Electoral District Map of the City of Fayetteville pursuant to N.C.G.S. 160A-23. Mr. City Attorney, Bob Cogswell. COGSWELL: Now comes the time where you actually set your district lines. If you'll look on page 148, the blanks -- The blank on paragraph four will be today's date and I don't know what the next ordinance number will be but that's what goes there after the 97, is whatever our next ordinance number is. DAWKINS: All right. Just so everyone understands now with this motion, we will be establishing these lines and what we have before us, February 25th, 1997, is -- _________: Mr. Mayor? COGSWELL: And let me make one other thing and then I'll sit down and be quiet. The annexation that you approved this evening will go in 7th. DAWKINS: Okay. COGSWELL: And the map will have to be changed to reflect that so your action has to include the amendment of District 7 to account for that one annexation. DAWKINS: This is that Wildwood Street area? COGSWELL: I've been told it's number 7. DAWKINS: It should be number 7. I'm familiar with the property. MASSEY: Would that be the only amendment? COGSWELL: Yes, sir. KENDRICK: Mr. Mayor? COGSWELL: Whichever one of these you go with, we've got to add that to 7. DAWKINS: All right. Mr. Kendrick wants to speak and then Councilmember Cheek. KENDRICK: I make a motion, Mr. Mayor, that we approve the district lines dated February 25th, 1997, as displayed on the map. DAWKINS: All right. COGSWELL: To include the most recent annexation. KENDRICK: To include the most recent annexation. _________: I heard him say that. DAWKINS: All right. Do I have a second to the motion? To prove the lines as of February the 25th? MASSEY: Question? DAWKINS: Okay, let's go to Councilmember Cheek and then back to you, Bob. CHEEK: Thank you. Mr. Mayor, could we see the map of February 24th? _________: Thank you. _________: Was there a second? _________: The motion died for lack of a second. DAWKINS: Mr. Massey, did you second the motion? MASSEY: I wanted to see the 24th and 25th map before... DAWKINS: Oh, all right. Well -- SMITH: I seconded it at the second session, Mr. Mayor. DAWKINS: All right, Mr. Smith. KENDRICK: Mr. Mayor? DAWKINS: Yes. KENDRICK: The map on the 24th which is probably being questioned. Isn't Mr. McBryde is in District 9 -- DAWKINS: Right. KENDRICK: And I think I'm in District 6? DAWKINS: Yes. KENDRICK: They contacted -- I guess Mr. Wilson and them, Mr. McBryde and I are in the same District. DAWKINS: Yes. KENDRICK: So that's really the difference in the two maps. DAWKINS: I think -- Mr. Wilson is that basically the only -- Jerry, if you'll stand at that mike. Bob, I think that's the only difference, those two -- MASSEY: One was the 25th. DAWKINS: On the 25th, Mr. McBryde and Mr. Kendrick are in the same District. MASSEY: Okay. Thank you very much ... KENDRICK: Now may I ask you so we've got Mr. Dempster and his brother-in-law are in District 1; correct? MASSEY: Yes. DAWKINS: Mr. Dempster and Mr. Smith are in District 1. WILSON: Dr. Cheek and Dr. Blackwell... KENDRICK: Dr. Cheek and Dr. Blackwell are in District 5? DAWKINS: Five. WILSON: That's correct. DAWKINS: Yes. KENDRICK: Mr. McBryde and myself are in District 6? WILSON: Yes. DAWKINS: Yes. KENDRICK: District 3 is Mister...? WILSON: Torrey. DAWKINS: Torrey. KENDRICK: District 4? (Several males speaking.) _________: ... got it backwards. WILSON: Massey is number 3 and Mr. Torrey is number 4. KENDRICK: Okay. And District 2? WILSON: Ms. Ross. KENDRICK: Okay. We just needed to make sure those districts are protected. Thank you, Mr. Mayor. DAWKINS: All right. Thank you. Let me go -- Well, I want to go to Councilmember Cheek. CHEEK: Mr. Wilson, is incumbency status something that can be considered in drawing the lines of the districts? WILSON: Yes. CHEEK: All other things being equal? WILSON: Yes. CHEEK: Okay. Mr. Kendrick, do you and Mr. McBryde have a preference for either plan? Because they are very much the same and since incumbency -- You two incumbents that live very close to each other and it looks like it could go either way. Is there any...? MCBRYDE: Quite frankly, I voted against this because I'm against 12 Councilmembers. I plan to vote against either one of these. I've always run at-large; that's the way I've always planned to run. I don't care what district I'm in. (Several persons talking.) MCBRYDE: I really don't appreciate being gerrymandered out of a district, but that's beside the point. DAWKINS: All right. Go ahead Councilmember Cheek. CHEEK: I just wondered, Mr. Kendrick, were you going to address that? Are you fine with either one of them? KENDRICK: Well, yeah, I'm fine with either one of them. I thought that the map that was drawn on the 24th was acceptable, but apparently it wasn't. And somewhere between the 24th and 25th that map was drawn up. So it's no problem. Mr. McBryde has been an outstanding resident of District 6 since -- (Laughter.) KENDRICK: -- 1986. MCBRYDE: I always support him, too. (Several persons talking at once.) CHEEK: And the other question was, Mr. Wilson, this doesn't -- neither one of them has more precincts split than the other one which is a real concern, because the voters are very much -- It's very bad on voters when there are districts split. So both of them have the same district split? WILSON: They are identical in that regard, Dr. Cheek. CHEEK: Okay. Thank you. I move that we adopt the one on the 25th, then. _________: Second. DAWKINS: Okay. Well we have -- of course, we have Mr. Kendrick and Mr. Smith. Mr. Smith seconded it. (Several persons talking at once.) CHEEK: Oh, I thought it died. Okay, I'll second it then. DAWKINS: Did you have anything to say, Mr. Massey? All right, Council, I'll ask for your vote. This is the lines as you see them on the 25th. (The motion was carried by a vote of 8 to 1.) DAWKINS: And that vote is eight to one. Mr. McBryde in opposition. Ross, Cheek, Massey, Dempster, Blackwell, Smith, Kendrick, and Torrey in favor of -- did you get that, Ms. Jones? _________: That includes that annexation? DAWKINS: That includes the annexation taking place tonight of that part. (Several people talking while the Mayor is speaking.) DAWKINS: Yeah, there's about nine people living out there, I think. MCBRYDE: Since I voted against this, I can write letters to the Justice Department and go raise hell; right? Try to get it turned down and extend the... COGSWELL: They've never asked us for a category of dissenters. But I'll add that... DAWKINS: Of course, we didn't take any action on 5 and 6 and Mr. Cogswell mentioned that first one would be 30 days open and then about these lines, does the same apply? COGSWELL: I was going to tell you where we go from here. DAWKINS: Okay. COGSWELL: Yeah, then that possibility is subject to a referendum and also that we now have to go to the Board of Elections and get the precinct lines drawn. They have indicated to me in the past that they looked about 30 days to do their work. So I'm assuming that that's all going to kind of come to fruition at the same time, that 30-day period that is subject to referendum. If none, the Board of Elections gets their work done, and then hopefully we'll send it off the early part of April, early to mid April. DAWKINS: All right. COGSWELL: That, the annexations, the nine-three plan, and this resolution that establishes all these districts. _________: So when do these people become a part of a district? COGSWELL: When it's precleared by the Department of Justice. _________: So that could still be months away? COGSWELL: My prediction is you're going to see it around the end of June or the first week of July. That's just a prediction. Because that's historically what's happened. DAWKINS: Okay, so the process will start and of course if any of you came in late, Items 5 and 6 -- There was no action on four-year terms. So most likely, what we're sending up now will be what goes to Justice Department. I'm going to take a 10-minute break and be right back. (City Manager Stancil's presentation not on TAPE.) DAWKINS: All right. Thank you, Mr. Stancil. Let's go first to Councilmember Kendrick and then Blackwell. KENDRICK: Thank you, Mr. Mayor. Dating us back a couple of years with a very honorable member of our City Council, Mr. Joe Pillow, who one of the main topics that he had that he liked to see within Fayetteville was our Gateways -- About the improvement of our Gateways for the travelers who come through Fayetteville. And one of the things that Joe and I talked about numerous times was that particular sign so, you know, that's been years that the sign's been talked about. DAWKINS: Yes, sir. KENDRICK: And I just, you know, in the memory of him, I'd just like to make a motion, Mr. Mayor, and fellow Councilmembers -- ROSS: Second -- MCBRYDE: Second it, Mr. Mayor. DAWKINS: All right. KENDRICK: -- that we approve the top sign on that -- the welcome to Fayetteville. DAWKINS: All right. Second. Okay. I believe I heard Mr. McBryde and Ms. Ross. All right, we have Councilmembers Blackwell and Torrey that want to speak. BLACKWELL: Thank you, Mr. Mayor. Mr. Stancil, I notice on page 153 of the Agenda we had sold a lot for $10,500. Will it take all of that $10,500 to do the sign? STANCIL: It will take approximately $10,000. We have estimates from people to do this work. I can itemize that for you if you like. But... BLACKWELL: No, sir, that's fine. I had read that we had sold the lot and we would use that in the construction. But I just wanted to ask, would it take all of that money for the sign? STANCIL: Yes. BLACKWELL: Okay, thank you. Thank you, Mr. Mayor. DAWKINS: All right. Let's go next to Mr. Torrey, then Mr. Massey. TORREY: ... Mr. Mayor, and Members of Council. I'm just looking at that $10,500. That's a mighty lot of money to spend on a sign. Actually I was just wondering if you'd break it down for me, Mr. Stancil, how it's going to be spent? STANCIL: All right. TORREY: ... that $10,000 ... DAWKINS: Let me -- And we certainly want to do that. But I think all Councilmembers -- Hopefully everyone in the public, when we say a sign, this is pretty good size wall we're talking about. But go ahead and break it down for Mr. Torrey. STANCIL: Right, the logo itself which is a quarter inch aluminum burgundy -- It will be mounted with welded studs on the wall so it's not just a sign that's painted on the wall. It's metal and aluminum that will last for some time. It takes three to five pieces in order to put that logo together. And if you add the Welcome To at the top of it, as the Appearance Commission recommended, and the installation of that metal sign, the total for that is $4,100. The wall itself we would intend to clean that wall, it's very dirty, paint it with two coats of paint, remove the existing lettering and patch the holes that's been there for a while. That will cost us $500. The electrical work which is to install a 100-amp service with light fixtures and receptacles each on their own circuit so if one goes out, the other one is still working. The total for the electric work there is $1,250; and the landscaping which is trees and shrubs, as indicated on the bottom of that drawing there, which is a pretty significant landscaping, a total of $2,549. And one of the things we've learned that it doesn't do us much good to spend a lot of money on plantings if we don't put irrigation there to keep them alive, and so the irrigation system would be $1,500. And that total is $9,899.20. DAWKINS: Mr. Torrey? TORREY: Thank you very kindly. DAWKINS: All right. TORREY: I just wanted to go on record that it's a mighty lot of money for a sign. DAWKINS: All right. Thank you, Mr. Torrey. Let's go back to Mr. Massey. MASSEY: Mr. Mayor, and Council I want to just make this inquiry to get clarification from Councilmember Kendrick. I recall -- I just want to be sure I'm clear on what your motion was, I recall a few months ago, a few years ago, that we had talked about a Gateway out at the airport and we were going to name that in honor of Councilman Joe Pillow. And I thought it was a very good idea at that time. Now is this particular Gateway that we're talking about in lieu of that or you're just simply invoking his name? MCBRYDE: No, Joe and I had talked -- MASSEY: Yeah, go ahead. MCBRYDE: -- you weren't privy to the meeting that I had with Joe. But Joe and I had talked about several areas of Fayetteville -- MASSEY: Right. MCBRYDE: -- that needed improvement for the Gateways of our City and we talked about that one, Mr. Massey, trying to make sure that -- you know, just different areas of our Fayetteville coming in, that it was corrected. And so that was one of the areas. MASSEY: Okay, so am I clear to think that the plan is still to have a Joe Pillow Gateway out at the airport area; is that a fair assumption? DAWKINS: Yes, that is certainly the plan; and, of course, that work hopefully will soon start, incidently. MASSEY: Sounds fantastic. I just wanted to be sure that we weren't substituting a ... Gateways. DAWKINS: Oh, no. No, no. MASSEY: Thank you so very much, Council and Mr. Kendrick. DAWKINS: Thank you. Let me go next -- Mayor Pro Tem wants to speak again, but Mr. Smith wishes to speak. SMITH: Thank you, Mayor. Roger, we're going to paint the sign back white or -- STANCIL: Yes. SMITH: -- off-white? Was any thought -- because at one time wasn't that just a brick wall? _________: White. STANCIL: White. Excuse me? SMITH: At one time wasn't it just a brick wall? I mean it wasn't white, it wasn't painted? STANCIL: I'm not sure. You mean...? Yes, it just used to be just -- SMITH: I was thinking it was just brick and had letters on it. I mean it seems like that might be less maintenance. I don't know anything about signs. But to have something that would stand out against the brick so that you don't have to paint it. Is the Welcome To going to be painted or is that going to be the letters? Is that going to be the aluminum letters stuck on to or is that going to be painted onto the wall? STANCIL: I assume it's the same kind of letters; right? _________: Yes, it's burgundy aluminum letters against a white brick wall. SMITH: Okay. That's the only questions I had. It seemed -- because you would have to paint that wall time and again, I'm sure. I didn't know if any thought had been given to that. STANCIL: That's the recommendation we got to paint it and keep it the same white. DAWKINS: All right. STANCIL: With the burgundy letters on top of it, it'll make the burgundy stand out as a... DAWKINS: And you did say this has been through Appearance Committee? STANCIL: Yes, the Appearance Commission; in fact, what they did was add the Welcome To. DAWKINS: Okay. SMITH: Thank you, Mr. Stancil. Thank you, Mr. Mayor. DAWKINS: Thank you, Mr. Smith. We'll go to Mayor Pro Tem Blackwell. BLACKWELL: Thank you, Mr. Mayor. I just wanted to remind Council that I don't think $10,000 is cheap either, and I think it's a considerable amount of money. But I think that we all need to remember the investment this community has put into Gateways with the trees and the plantings, that the business community has put into the Gateways. And they probably have spent over $10,000 to make our city nicer. And when we go down the new CBD Loop, there is new plantings out now, and a lot of those were donated by business leaders in the community and businesses. So I would just say that this will enhance, I think, that Gateway to Fayetteville as the others have been enhanced by private donations. DAWKINS: All right. Thank you very much for that. Certainly many times that has been spent, and we appreciate so much what the community's doing. And I think what Mayor Pro Tem mentioned that end of Ramsey -- on Ramsey where the CBD Loop ends, there will be different plantings at four different times a year, I think like flowers. And I'm just real excited how this is coming along. Okay. I'll ask for your vote. (The motion carried unanimously by a vote of 9 to 0.) DAWKINS: And that vote is unanimous. Thank you so much, Council. Now let's go to B. All right, B is Adopt Budget Ordinance amending 97-6, City of Fayetteville Gateway Sign. Mr. McBryde seconded by Mr. Smith. So we can pay for it. Anything you want to say, Mr. Stancil? STANCIL: No, sir. DAWKINS: All right, I'll ask for your vote Council. This will take care of getting the job. (The motion carried unanimously by a vote of 9 to 0.) DAWKINS: And that is unanimous. Thank you so much, Council. That's great. All right. Now report from Streets and Roads Committee, and of course Mr. Kendrick is the Chair, just as a reminder. Of course, Mr. Kendrick is aware of it. We will be having a TAC Meeting Wednesday at 1:30 here in the Lafayette Room of the Fayetteville Urban Air Transportation Advisory Council. "A" under 9 is a discussion of a traffic signal at Kinlaw Road and Ramsey Street. Mr. Kendrick? KENDRICK: Mr. Mayor, the Street Committee wants to thank Breeden Blackwell and Thelbert Torrey for being in attendance. The Street Committee under Item A suggested at a public hearing to put in a dual light there for Kinlaw and at Ridgeway. MCBRYDE: So move, Mr. Mayor. SMITH: Second. DAWKINS: All right. The motion is by Mr. McBryde and is seconded by Mr. Smith. And that is also Ridgeway...? KENDRICK: Right. For Kinlaw at Ridgeway. And when we're talking about a dual light, we're talking about the configuration when you go up in the Haymont to Fort Bragg Road, and Morganton Road. The configuration of lights at that little interchange there -- DAWKINS: Okay. KENDRICK: -- that's what we're talking about. So that's what we'd like to set the public hearing for April 7th. DAWKINS: Okay. Thank you a lot, Mr. Kendrick. The motion by Mr. McBryde, seconded by Mr. Smith. Any discussion on the motion? (No response.) DAWKINS: I'll ask for your vote. (The motion carried unanimously by a vote of 9 to 0.) DAWKINS: And the vote is unanimous. Thank you so much, Council. So that's April the 7th. We will have a public hearing and that was unanimous, Ms. Jones. 9-B is discussion of design of Law Road bond project. Let me see -- This is improvement from Ramsey Street to Eunice Drive. KENDRICK: That's what the recommendation of the Street Committee was, Mr. Mayor. DAWKINS: All right. KENDRICK: The Street Committee and the Engineering staff of traffic services looked at the entirety of Law Road and looked at the storm drainage problem, and determined that up from Ramsey Street to Eunice Drive would be the best configuration of doing the improvements for the street. SMITH: So move, Mr. Mayor. DAWKINS: All right, Mr. Smith. BLACKWELL: Second. DAWKINS: Second Mayor Pro Tem Blackwell. KENDRICK: And if I could, just one little note to it. That that would give you two turn lanes off of Law onto Ramsey. We'll widen that turn lane so that should take care of the traffic coming from northbound traffic from Ramsey onto Law Road. DAWKINS: Great. SMITH: Mr. Kendrick? DAWKINS: Very good. Go ahead, Mr. Smith. SMITH: Not to belabor the point, Mr. Kendrick, but there at Eunice Drive, have they looked at the drainage there? The water running off Eunice? KENDRICK: Yes, sir. SMITH: Okay. Thank you. KENDRICK: Yeah, this will go from Eunice Drive to Ramsey Street is what we're looking at. SMITH: Thank you, Mr. Mayor. DAWKINS: All right. Okay. Thank you. All right, I'll ask for your vote. Mr. Smith's already voted. (The motion carried unanimously by a vote of 9 to 0.) DAWKINS: Okay, that is unanimous, Ms. Jones. Thank you, Council. 9-C is discussion of status of private street acceptance. Mr. Kendrick? KENDRICK: Several years ago the City Council made a move to accept only streets that are built to City standards for maintenance. And so we just looked at the streets that had been reviewed at that time to check up the status and that's being referred to staff, Mr. Mayor. DAWKINS: All right. KENDRICK: So there's no action to be taken on that. DAWKINS: Okay, so that has been referred to staff. Thank you. 9-D is a discussion of the list of streets proposed for resurfacing. I know we -- all of us got -- KENDRICK: Each Councilmember has a map of those streets. The street names were provided in a previous agenda. DAWKINS: And we did get them marked. I think they made some of them extra -- They might have left them out of the packet, but we have got a list. KENDRICK: If I can just to say that it's -- The Street Committee looked at the entire paving for the resurfacing and it's spread out fairly well throughout the entire city, to include some areas that have just been annexed. So I think that we're looking at about 13 miles, a little bit less than that if I'm not mistaken, on the mileage so we're doing fairly well with that, sir. DAWKINS: That's wonderful. That's great. BLACKWELL: Vote for adoption, Mr. Mayor. DAWKINS: All right. Motion to adopt. SMITH: Second. DAWKINS: Mr. Smith second. Now is there any discussion? This is the list that has been presented -- Some of these had been voted on before. And Mr. Kendrick they get top priority. KENDRICK: Yeah, if I may -- All of the streets that we approve tonight, if they do not get resurfaced under this contract, will be put on the next contract will be the first list and then we'll make additions to that. DAWKINS: Okay. In other words, we'll get as many as these we can done on this contract and then those others will have top priority on the next one. All right, so I'll ask for your vote to approve. This is a list proposed for resurfacing. And as Mr. Kendrick stated, we try to do it throughout the City. The State looks at the ones that need it the worse, and it's really, I think, a better, fairer way of doing this. (The motion carried unanimously by a vote of 9 to 0.) DAWKINS: That vote, Ms. Jones, is unanimous. Thank you, Council. 9-E discussion of traffic pattern on Hinsdale Avenue. Mr. Kendrick? KENDRICK: The Street Committee looked over some information that was presented by the Police Department and from Major Kennedy and at looking at the traffic flow on Hinsdale which is between Hay Street and Rowan Street, and trying to monitor the traffic flow which is in some areas of 300 to 400 to 500 cars a day on that narrow street, street parking. The Police Department asked us if we would allow them to look at it another 30 days to come up with some more suggestions. So there's no action on that. DAWKINS: All right. Thank you, Mr. Kendrick. Just want to thank Mr. Kendrick and that Committee. That was a lot of work and we do appreciate it. KENDRICK: ... Council. DAWKINS: All right. Item 10 is consideration of items for referral to the City-County Liaison Committee which will meet later this month. Let's go first to Mr. Dempster. DEMPSTER: Thank you, Mr. Mayor. Just to make it official, I wanted to add that I'd like to discuss the future sites of Industrial Park. DAWKINS: Okay. DEMPSTER: With the new roads that we anticipate coming to Cumberland County, I think it's an appropriate time to take a look at where we may want to put our next Industrial Park. And I'd like to draw that out -- DAWKINS: All right. DEMPSTER: -- and hopefully get approval to do that. DAWKINS: Great. In other words, I'd like to see that come before the City-County Liaison. Okay, that's a good suggestion. Is there anything else that we need to send with our Committee members? I believe this will be the fourth Thursday, won't it Breeden? BLACKWELL: Yes, sir. DAWKINS: We will meet the fourth Thursday. BLACKWELL: Dr. Cheek also had an item that she was not aware we discontinued that item. So I don't think we need to add it, unless she'd like to restate it. DAWKINS: Okay. All right, so that'll come back up then. BLACKWELL: And we also have an item added by County Commissioner Bacote on merger of City-County Government, some services. DAWKINS: Some services? BLACKWELL: So we got a full agenda for the 27th. DAWKINS: Okay, good. All right. Everybody is invited. I believe I read where he mentioned inspection and -- BLACKWELL: Parks and recs. DAWKINS: -- parks and recs. Okay. All right. Yeah. Well, that'll be a busy meeting. Okay, so we -- I'm sure everyone, I believe, agrees with Councilmember Dempster to add that to it. That's a good suggestion. CHEEK: Mr. Mayor? DAWKINS: Yes. CHEEK: Since -- Could we ask the Chairman to invite Mr. Fore officially on behalf of the Committee to be there with us since we're talking about industrial development? DAWKINS: Okay. BLACKWELL: I'd be glad to do that. Also Mr. Strassenburg, the County Manager, said that he had some information but I will touch base with him. That's a good suggestion to have Mr. Fore there. DAWKINS: Yeah, that would be great. BLACKWELL: Thank you. DAWKINS: All right. Thank you. Okay. Now we replaced Item 11. Mr. Kendrick, I think, wanted to mention something about the Marvin Plan. Mr. Kendrick? KENDRICK: Thank you, Mr. Mayor. Several things have come up in the newspaper and even a Committee is talking about the idea that we need to take the idea of downtown Fayetteville Revitalization Project as being spearheaded at this point by Mr. Marvin. That we need to have that to a vote, that we need to have that to a public vote, and looking at November. The question that I have and I need some clarification. When this project started, when we talked it over as Council, we talked it over with Community members, we talked about a referendum once the project has been completed on paperwork and the project -- the prices and stuff have been completed that we would have a bond referendum. Could I ask Ms. Legg a question on that? Robin Legg. DAWKINS: Yes, that'll be fine. I haven't seen Ms. Legg. Oh, excuse me. I apologize. Okay, Ms. Legg, we're glad to have you. Mr. Kendrick? KENDRICK: Thank you, Ms. Legg. My question comes that hasn't this been in the works that it would be put to the public for a vote? LEGG: Yes, it has. From the very beginning we've known that we would put it to the citizens for their vote of approval when all the facts are in. We will not be ready in November with the appropriate facts that need to go out to this community to vote on this project. KENDRICK: Okay, so this is nothing new about having a vote? This is something that's been in the works since the project was conceived? LEGG: It has been from day one that the citizens of this community would vote on Phase I of the overall downtown master plan, yes. KENDRICK: Okay. I just wanted to get some clarification. Thank you, Mr. Mayor. Thank you, Robin. DAWKINS: All right, thank you. Ms. Legg, you may stand there if you would. Thank you, Mr. Kendrick. I have Councilmembers Ross and Massey that wish to speak on this. Ms. Ross? ROSS: What I was getting ready to say was I voted against the plan in the first place and I got criticized for it, but it was all right. But my idea was that I could not vote for a plan like that unless the citizens all voted. If they voted, then I was willing to vote for it. That's the way it was in the first place. And when we had that meeting over at Seabrook, I reinstated my suggestion but I never did get any cooperation for mine so I just stood out like a sore thumb. And I still felt like the citizens should have had, before the first penney was spent, should have had the right to vote for it or against it. And that's why I didn't vote for it. DAWKINS: All right. Thank you, Ms. Ross. Let me go to Mr. Massey. MASSEY: Robin, thank you very much for providing us with that update. Within the overall plans, was there a projected time when this item would probably be able to go for -- before the voting public as to a -- for a referendum? Is there some kind of time frame that they were going toward? LEGG: I think at this point it's hard to determine the time frame. Mr. Marvin, as you are well aware, has been contracted with to do schematic designs -- MASSEY: Right. LEGG: -- and at this point, it looks like schematic design would be completed most likely in December or January. He has been waiting on the surveys, which were delayed because of Hurricane Fran, and is expecting those at any moment this week most likely. What our Committee has said all along is we will be reviewing what financial options there are to finance this plan. If there are other ways, it will go to a vote of the citizens, but if there are private funds or other sources of funding that we can utilize for different components of the plan, then we will bring those recommendations to City Council. But we never intended to go forward with this plan without the vote of the citizens. MASSEY: Okay. I guess my question, to be more specific, is that after we have finished the schematic design process, is that the time that this particular issue will go before the citizens or will there by another major element of the project that has to be done before that would go before the public? And more importantly, will it require any of the tax dollars before that time? Once we pay this portion of our contract with Bob Marvin, then will there be another portion before we get it before the public? LEGG: There is, as we had talked to every Councilmember in our meetings with Council, there are two more phases after schematic design whether you hire Robert Marvin or not. MASSEY: To deal with those things ... LEGG: Which is standard for every project. It's not unusual, it's not unique. But there are two more phases that will need to be completed before construction begins. MASSEY: So then after those two phases, two additional phases, and additional whatever, then is at that point that we plan to go before the public with it? LEGG: Well, I think at the end of schematic design, we'll come back to Council, and Council will have the opportunity to say, yes, let's move forward, let's put it to a vote of the citizens, or no, we do not want to do this. I can't give you a date -- MASSEY: Right ... LEGG: -- when the referendum will be held. I think when we come back for schematic design we'll know what the plan actually is, what the more accurate cost estimates are at that point and that's when the decision will be made, yes, we move forward with the plan and put it to the vote. I don't know what the date of a referendum would be. We obviously need time to educate the community on what that plan is and whatever dollar amount comes back, whether its 28 million or 25 million or whatever, whatever dollar figure comes back, we need to educate the community on what is involved, what that money will paid for. MASSEY: Sounds ... STANCIL: I was just going to say that what's under schematic design right now is the park? LEGG: Right. STANCIL: And the park is a public improvement and the only way the City could pay for that park would be through a bond sale. And that bond sale would require a vote of the people so that's the vote that I guess everybody has been assuming would be the vote on whether to proceed or not. MASSEY: But that's going to come... Or that vote should come after this schematic design is complete. STANCIL: Yes, absolutely. MASSEY: And if that's going to be complete in December and January then, of course, that would put it after November so it would be the next election following that before we could expect to have another one; would that be a fair assumption? STANCIL: Well sometimes you set a bond referendum for a special election. That can be done also. But it all depends on the timing of it; that would be the election to determine whether to sell bonds to finance the park. MASSEY: Understood. STANCIL: And obviously that design would be explained and everybody would understand what the components are. If you wanted to do, as someone suggested, in a straw vote on whether to proceed with the plan or not that would actually require an action by the General Assembly to do that. MASSEY: Robin, thank you very much -- STANCIL: But Robin ... MASSEY: -- and Roger, thank you very much. Thank you, Council. DAWKINS: Thank you very much, Mr. Massey. Thank you, Ms. Legg. Chris, excuse me, did you want to...? DEMPSTER: Yeah, I hated for her to ... DAWKINS: Well, that's all right. Robin, if you'll come back. Councilmember Dempster? DEMPSTER: Actually, the first question I had was either to Bob or Roger, but did we not put a time line on Mr. Marvin's contract this last time? Some time -- LEGG: The contract was signed in November and what the contract states is when Mr. Marvin receives the surveys, schematic design will begin. And he has -- hopefully will receive surveys this week. But schematic design begins upon receipt of the survey information that is needed for him to do schematic design. DEMPSTER: Okay, so the time line was contingent upon the surveys? LEGG: Right. DEMPSTER: Okay. I think what a lot of folks are concerned about is the fact that we've already spent a lot of money on this project. And there's an awful lot of talk in lieu of railroads and all this other costs that we may be looking at even to get down the road with it any further. And I think what a number of citizens are starting to get concerned about is where will this thing end? And at what point in time will we be able to let the people know how they feel about this plan. That's why I'm real excited about the fact that we put some kind of referendum together so that we can let the people speak and let us know how they feel about this plan prior to November, not after November where we can delay this even longer and spend more and more money on something that we may or may not vote to do. I think that we've already spent a considerable amount of money and we need to look at the fact that if we're going to do this, we need the people behind us and if not, we don't need to go any further. And I think that's kind of where a lot of people are at at this point. LEGG: But I think you stand the chance of -- you don't have all the facts that you need right now and you won't have them in November. If you take it to a vote in November and the citizens say, yes, we want it, then you're going to have to have another referendum when the accurate cost estimates come in. It's just too soon -- It's not the right time to do a referendum on this issue, you don't have your facts. You know, we don't have the cost estimates, we don't know exactly what the plan will be, there are railroad issues to deal with, environmental clean up. There are all sorts of pieces of information that will be investigated during this time, the 12-month period. I don't know how the citizens can vote on something when they don't have all the facts is my concern. And we would like to be able to give them every piece of information so they are thoroughly knowledgeable and thoroughly informed on what they are voting on. DEMPSTER: And Robin I agree with that 100 percent. It's just that I think a lot of folks out there think that, and they are not against downtown revitalization, and that's not what I think they're saying. What they're saying is that if business wants to do that, let them. But we have other needs that this community should look at first before we get to this park plan. And I think that's what they need to be asked and to find out how they feel about where their tax dollars are going to be spent. And that's the only point, I think, that they are trying to say. LEGG: Well, I think it's important for me to say that every private developer and person that we're working with are interested in investing their money because we have developed a very exciting master plan for downtown. And they have the faith in the public sector that there's that commitment and I don't think we can expect the private sector to come in and invest their dollars if they don't feel that there's a commitment on the part of the public. I mean this Phase I is the catalyst to bring in that private investment to the community. And the whole reason for doing this is to increase our tax revenues so that we will have additional funds for education, and for roads, and for crime, and it's not to take funds away from that. We're just as concerned about those issues as everybody else. And the funds that we use are not taking those monies away from those issues. Those are critical issues but it's an effort to increase our tax revenues so that we don't have to continue to take money out of the pockets of the taxpayers. DEMPSTER: And again I hear what you're saying. A lot of folks, though, think it's the tail wagging the dog. And we're doing it backwards. We need to do it the other way first. Get business, industry, manufacturing, get roads in here, get our school situations taken care of, and I know we don't have anything for the schools, but to get these things and create a tax base and then look at the park plan. I think all they are saying that we might be doing something premature. And I think that a lot of people out there want to know how this Council feels about that, and they want to know about it before November. Now I may be wrong but what I'm saying is I think that there's a movement out there and I think that they're going to want to know where this thing is prior to November. And if try to delay it or save it, you know, we don't have enough information or not enough education, I think the public is going to get the impression that we are trying to delay it past November and then to give more and more money to Mr. Marvin to do more and more schematics and whatnot and we know there's a number of different phases and all I'm saying is that we need to hear what they're saying. That's all I'm saying. LEGG: Well, absolutely we're not trying to delay it. But I think the private sector is looking at the public sector to be the leader and to show their commitment. And I don't know that we can expect them to come in if there's not the commitment on the part of the public sector. I mean I have a number of developers who have said, I will do this if the City will build the Park and Arch District. And they are very excited. They are extremely excited about the downtown master plan and what this community has developed. And if the commitment is not there on the part of the City and the County, then I don't know how we can expect investors to come in and invest their money. That's what this is all about is to serve as a catalyst to bring in the private investment. DEMPSTER: Thank you. DAWKINS: Thank you, Mr. Dempster. We have a number of Councilmembers that want to speak. And this was mentioned earlier and hopefully next Monday morning there's about four or five of us up here, along with Mr. Stancil, that will be meeting hopefully looking in to moving the trains where they will be switching in the northern part of the City. And I think quite frankly -- now that won't happen until next week, but we do have some folks willing to help us in Congress and otherwise and I think that's one of the big things we've got to do. So we have been working on it, but we'll even harder and hopefully have a little more of an update next Monday on that. Let me -- Councilmembers McBryde, Cheek, and Kendrick in that order. McBryde: Mr. Mayor, I think Mr. Dempster is right. There are a lot of people that are concerned about their tax dollars. And I think they would especially be concerned if they thought that we were going to take this thing to a vote after spending their tax money to get some results to show them before they voted. We have appropriated tax dollars to pay for the stage we're in now. We certainly owe it to the taxpayers to spend their money wisely to see the results of that. When we spent that money, we said that we would have results which would be a shopping list for us to look at, for us to take to the people for bond issues. This referendum stuff is nothing new. I think if you'd go back to when this thing started you'd probably see that I was the first person who said we're going to have to have a bond issue. It's been known all along that we would to have to vote on this. We certainly don't want to jump the gun and vote when we've spent a ton of money with Mr. Marvin whose right in the middle of a report and we're just going to go to the polls and vote without getting the results of our tax monies, what he brings back with our tax monies. I don't see how we could even think about having a referendum until after we get a report. DAWKINS: Thank you, Mr. McBryde. Let's go in this order: Councilmembers Cheek and Kendrick. CHEEK: Thank you, Mr. Mayor. I think that we're all on record anyway as to what we think about downtown. We voted on this plan several months ago and Ms. Ross said that she didn't vote against it and felt kind of lonely, I guess, at the time. But we have said, and I guess we need the minutes from that meeting, that we supported downtown. We are responsible as the governing elected representatives for planning of all sections of our City, and City and County have planned for years. We have a 2010 plan with lots of public hearings, major ramifications, no votes. Plans generally have had the heavy public participation and involvement and have looked at economic and land use issues and have been adopted by the governing bodies as this one was, as many of the others are, like the other neighborhood plans that we're working on. So we're ... (End OF TAPE 1-B.) (Begin TAPE 2-A.) CHEEK: ... economically very sensitive and a very important part of our City because it's our City's heart. And also because it is going to be a major employment area for low and moderate income people. And it's very important to preserve and upgrade the low and moderate income housing around this inner City, so this is a plan that has some more important things for so much of our City. And we're on a path that we've all participated in and it's had an awful lot of public input to date. Until we know how people feel, they voted for the railroad track, I think everybody is thoroughly tired of the train sitting in the middle of the track -- of downtown and they had said, yes, we want to spend the money and do that as fast as we can and that's another part of this plan that we need to be pushing and that's one reason that we're doing what we're doing in Washington to really get that on, to excuse the pun, the fast track. So we're moving in directions and we know that citizens have been very enthusiastic, like you said, Mr. Dempster, about downtown and we've all said, we hear you, we'll do what we can and we will -- When it comes time for a major public investment, of course, we've got to go the people. That's always, always been understood. The one thing that makes any public investment important is what does it do to the private sector. And I don't know how we can make any kind of decisions on what's a smart public investment until we know what the private sector is also willing to do because they will be putting in that extra tax money that will -- the extra private investment that will be bringing in taxes. So I think that that's going to take some time to put together and y'all have heard me say that a lot. Because I remember jumping up and down about where's the private sector and what they're going to be doing when we voted on this this past October. So we're well on the way and I think that we've been really very firm in the commitment of moving toward as much public input as we can get. And I'm really glad that people are interested and hope they will stay interested. And I think we're pretty well on record that we're moving just as fast as the -- as we can toward doing the kinds of things that we all want for this community. Thank you. DAWKINS: Thank you. Let's go to Mr. Kendrick. KENDRICK: Thank you, Mr. Mayor. And just in closing with this, and Robin, again thank you for addressing this. The -- DAWKINS: Thank you a lot, Ms. Legg. KENDRICK: -- Of going into this and having a straw vote, now that's a decision that people -- if the citizens feel compelled to spend $45,000 to have a straw vote. And then if they pass it, then to say to Mr. Marvin you keep all your money and we just don't want all the plans. I mean that can be done. And -- but you know, as Council, we've been able to go to areas such as New Orleans, been to areas at Denver, been to areas of Boston that we've seen public and private partnerships that work throughout the City. And most of all we just came back two months ago from a City called San Antonio, Texas, where the public-private sector came together and rejuvenated its entire downtown area. We see the river walk, and I know that Jim and Chris shared with that experience also, showed the river walk, showed how the hotels built up on the river walk area, the businesses, the industry, the major convention centers in the downtown. I firmly do believe this needs to be a bond referendum. But I don't think that you need to go out, and it's just a personal opinion, that you need to go out and price something when you only have half the figures. I encourage bond referendum from the people. Always have, and encouraged it the first time that we ever looked at this. But I think we need to have all the figures together before we lead the public blind down an alley. Thank you, Mr. Mayor. DAWKINS: Thank you a lot, Mr. Kendrick. If there's nothing else on that one, we'll go to 12, which is some appointments we have. We had to -- SMITH: Mr. Mayor? DAWKINS: Yes, Mr. Smith, go ahead. SMITH: Did I understand you to say -- DAWKINS: Mr. Stancil, if you -- SMITH: -- we required the General Assembly's approval to let them -- to have any type of vote besides the bond issue. STANCIL: A straw vote which is what I'd understood people were talking about should we proceed, not proceed, not to actually vote on the process. SMITH: Actually, I just -- I'm sorry, that just kind of just stuck with me. Thank you. DAWKINS: Thank you, Mr. Smith. Okay -- BLACKWELL: Mr. Mayor? DAWKINS: Yes. BLACKWELL: Before we move to Item 12, I'd like for the Council to consider something about appointments to boards. It doesn't have a thing to do about the Marvin Plan. Okay? If I could just discuss that -- _________: Wait just a minute. DAWKINS: You want it under 12? BLACKWELL: Yes, in other words -- DAWKINS: Before we take up anything on 12? BLACKWELL: Yes. DAWKINS: All right. BLACKWELL: Not to -- It really doesn't have anything to do with any person or any of these categories. But I've been -- My concern has been the lack of nominees for these positions. And I'd like to recommend, if I could get support tonight, that beginning June 1 of 1997 that we place an add in the local papers and ask citizens to respond to their interests about serving. KENDRICK: If that's a motion, I'll second it. BLACKWELL: It is. _________: County does that. BLACKWELL: And if I could add to that, Mr. Mayor. DAWKINS: Yes. BLACKWELL: Then I would ask that part of that motion be that they respond to Ms. Jones, the City Clerk, and submit to us reasons or a reason, or even a resume if they have one, as to why they would like to serve. And I just think we would probably open this process up to a lot more people and then before we -- for example, tonight Historic Resources Commission. Ms. Jones could give us two weeks before in our packet on Thursday before the meeting to nominate everybody in this City that responded to Historic Resources Commission with their information. That doesn't mean -- preclude that any of us could nominate anybody else if we have the information on them like we have. But I just think it would open the process up more and she could have that information to us when we get our packets to nominate and then we would have a wide variety, and also a very diverse group of people, that we could nominate through that process. DAWKINS: All right. Thank you. That has been seconded. I'm going to Mr. Massey. MASSEY: Reference that motion. Wherein I fully appreciate the mind-set behind the motion and then the attempt to diversify, to bring in as many people as we can, especially qualified people, and it's real strange that you would use the Historic Resources Commission as an example because there were several people that we had tried to get on-board that didn't quite make the qualifications. I think seven of our boards have specific qualifications and I would support that motion if it is amended that those, especially those boards that have specific qualifications, that those qualifications are spelled out within that advertisement process. Because you're going to get a lot of people who think they have certain expertise who really don't, or either who do unless they really know what kind of expertise we are expecting on specifically certain commissions. BLACKWELL: I would add, if Mr. Kendrick would agree, that designated categories be advertised in that advertisement; however, the only reason I pick Historic Resources, Mr. Massey, it was just Item A. It could have been any of them and I think you understand the intent. But yes, if it's a designated seat, like landscape architect, or architect, or historian, I don't have a problem with that at all. Would you agree to that? KENDRICK: ... Yes. BLACKWELL: Thank you, Mr. Massey, for that point. DAWKINS: All right. That is amended then -- BLACKWELL: And then I would ask that start June 1st of '97. KENDRICK: Why are you saying June 1st? Any -- BLACKWELL: The sooner the better. We could say the fiscal year which is July 1, but I thought if we could go ahead and get some information -- _________: ... nominations ... KENDRICK: Okay. BLACKWELL: That we would have some for July 1 when a lot of our terms expire. And then maybe we could revert to July 1 the following year to have it -- well, June 1 would always be good. KENDRICK: Another thing that -- DAWKINS: Because we have some nominations. KENDRICK: Another thing if I may say that we could always mid-year do another advertisement on the stuff. BLACKWELL: Yeah, I'm okay with that. KENDRICK: Yeah. Okay. BLACKWELL: Thank you. DAWKINS: All right. Thank you. Thank you, Mr. Massey, Mr. Kendrick. One other -- this is for clarification, Mr. Cogswell, of course subject is boards and commissions and we will -- that's why I accepted the motion under appointments, under Item 12. Any other discussion on the motion? I think it's... (No response.) DAWKINS: I ask for your vote. (The motion carried with a unanimous vote of 9 to 0.) DAWKINS: All right. And that is unanimous. Thank you, Council, very much. All right. Now, let's go to 12-A, which is Historic Resources Commission and this will be the election of two nominees which we have. One is Eric Lindstrom, he is a licensed registered architect. This would fill an unexpired term which does expire in October of 1997. Floyd Caldwell, Category 6, which is at-large. This term would expire in October of '98. So -- KENDRICK: Mr. Mayor? DAWKINS: Mr. Kendrick? KENDRICK: I also have another. A gentlemen contacted me and had some conversation with Mr. John Clark would serve -- As you see there's a resume, detailed resume, in your packet. DAWKINS: Okay. All right. KENDRICK: On a project that he's been working with. DAWKINS: That would be at-large then? KENDRICK: Yes, sir, to include the Poe House, ... hardware, the Culbreth House, Amusement of the Cape Fear. I'd like to place him in nomination for the at-large category. DAWKINS: Okay, what we'll do right now -- We're going to vote on Category 1, which is the licensed registered architect. Let's vote on that. That would be Mr. Eric Lindstrom. (The motion carried by a unanimous vote of 9 to 0.) DAWKINS: And that vote is unanimous. And now we have, of course, Floyd Caldwell has been nominated previously and now Mr. John Clark, who's nominated. This would be at-large. What we'll do, we'll vote on Mr. Floyd Caldwell first and then we'll vote on Mr. Clark. So I'll ask is there any other nominations? Yes, Chris? DEMPSTER: Who's nominating Mr. Clark? DAWKINS: Mr. Clark was nominated by Mr. Kendrick. Mr. John Clark. KENDRICK: Yes, sir. DAWKINS: And Mr. Floyd Caldwell, of course, was nominated previously, Chris. I'm not sure which Councilmember -- _________: Councilmember Torrey. DAWKINS: Mr. Torrey? Councilmember Torrey nominated Mr. Floyd Caldwell. DEMPSTER: Thank you, Mr. Mayor. DAWKINS: All right. Let's vote on Mr. Floyd Caldwell first. I'll ask for your vote on Mr. Caldwell. (The motion carried by a vote of 5 to 4.) DAWKINS: And that vote is Ms. Ross, Cheek, Massey, Dempster, and Torrey. So that is a majority. So Mr. Floyd Caldwell is elected. Did everyone see those? That was five votes for Mr. Caldwell, so that was... Okay, and we might hold the name of Mr. Clark, there may be other nominations or openings. Now, under 12-B this is something we do not do very often and hope we don't have to. But 12-B is Redevelopment Commission. This is a request to remove two members due to poor attendance. And it states nominations will be needed, of course, to fill these two vacancies if Commission's request is approved. Council has before it the attendance record of the two people. Of course I need to go ahead and name -- these are the people that -- This has been requested by Eva Ruth, she is the Chair of our Fayetteville Redevelopment Commission and is requesting pursuant to board attendance policy. And the two people she's asked to be removed, both their terms run until December of '99, one is Mr. Andy M. McCall, the other is Mr. Barry Bullock. So I'll ask Council for what their pleasure may be with these two gentlemen. We can take a moment and make sure everyone has looked at the attendance record. And just for the public's sake, from time to time, we ask that these boards and commissions naturally review attendance policies and -- MCBRYDE: Mr. Mayor? DAWKINS: Mr. McBryde? MCBRYDE: I'd just like to say that you need all the members to be active members. It's hard to get quorums at these meetings. If people don't attend, they do need to be removed. That's why the rules are there. I make a motion that we follow the recommendation. KENDRICK: Second. DAWKINS: All right. A motion by Mr. McBryde, seconded by Mr. Kendrick that we follow the recommendation of Chair of our Fayetteville Redevelopment Commission and remove Mr. Andy McCall and Mr. Barry Bullock. Is there any discussion on the motion? (No response.) DAWKINS: All right, I'll ask for your vote. (The motion carried with a unanimous vote of 9 to 0.) DAWKINS: And that vote is unanimous, Council. Thank you very much. And of course, this will create two openings on the Redevelopment Commission, so we do want to be thinking. Now, are there any nominations tonight for these two slots? As I stated, both these terms run until December of '99, so that's two more that we do want to be thinking about as all commissions. MASSEY: Mr. Mayor? DAWKINS: Yes, Mr. Massey. MASSEY: I do think that we ought to, especially as we -- ... as we have mentioned categories, I think that one of the things that we had from the Fayetteville Resource Development Commission was a plea for us to try to find some males that would serve on that Commission -- DAWKINS: Yeah. MASSEY: -- and we just removed two males. DAWKINS: That's a good point. MASSEY: So as we seek to try to find someone to -- I guess I'm into male rights now. (Laughter.) MASSEY: As we seek to try to find someone to address these needs with the Redevelopment Commission, I think that we would want to try to look at some males whether minority or majority. DAWKINS: Right. I appreciate that and just one step further. Eight members and now with the action taken, I believe Mr. Ted Lindsay is the only gentleman left on there. So I appreciate you bringing that up, Mr. Massey. And let's really try to work on that. Because that request just come from them. MASSEY: It did. It did. DAWKINS: Okay. Now 12-C, the Zoning Commission, nomination to fill the unexpired term of Mr. Jerome Calhoun, who had moved away. And I believe this term runs until October. _________: July. DAWKINS: Or July. I apologize. It runs until this coming July. _________: Right. DAWKINS: I have two lights. I have Councilmember Smith and Councilmember Massey that... Go ahead Mr. Smith. SMITH: Thank you, Mayor. I've been asked to nominate Mr. Jack Cox, who is a resident of the Kinwood subdivision to the Zoning Commission. DAWKINS: Okay. Jack Cox, C-o-x? SMITH: Yes, sir. DAWKINS: Okay, and Mr. Massey? MASSEY: Yes, I've been asked to nominate Mr. Thomas Council. DAWKINS: All right. Mr. Thomas Council, who recently came off our City -- County School Board. Okay, well that's two nominees. _________: Mr. Mayor? DAWKINS: Yes? _________: You mentioned Planning Agency, that's the Zoning. MASSEY: That's Zoning. DAWKINS: Excuse me. MASSEY: It was Zoning, yes. DAWKINS: Zoning Commission. Okay, yes this is to the Zoning Commission. I apologize. Like I say Mr. Council, I think, recently came off our Board of Education. But this is Zoning Commission and this term would run until July. So just a few months, but it is extremely important. I mean I think we all now how important our Zoning Commission is. So at our next regular meeting we will vote one of these two gentlemen on. Thank you very much. Now, also 12-D, of course, is Planning Commission. Nomination to fill the unexpired term of Mr. Best. Now, Ms. Jones, Mr. Best has resigned. I was trying to get straight how long his term ran. Mr. Fred Best -- _________: Expired in July. DAWKINS: I think some of those were... ________: July... MASSEY: July '97. DAWKINS: So July of '97 -- I know that we had some staggered. Okay, so this term would run from July of '97. Some of those are one year and two years, I believe, when we formed the Commission. All right. Mr. Smith? SMITH: I'm hooked on ... tonight, Mr. Mayor. DAWKINS: All right. Good. Great. SMITH: I've also been asked to nominate for the Planning Commission, Mr. Jack Justice. DAWKINS: Mr. Jack Justice. SMITH: I have his resume right here, sir -- DAWKINS: Okay, good. SMITH: -- that I'll give Ms. Jones. DAWKINS: And that always is a good point. We appreciate that Mr. Smith. It was brought out earlier it really helps when we have these people's resumes. Number one by having resumes, we know they've agreed to serve if elected. So that really helps and helps Ms. Jones. So now at our next regular meeting we will be filling Zoning Commission member and Planning Commission member and then as Mr. Massey mentioned, let's really be thinking about two folks to serve on our Redevelopment Commission. Mayor Pro Tem did you have...? BLACKWELL: Not about that, I had some, a couple of questions about administrative reports. DAWKINS: All right. We're not on Item 13, Administrative Reports. We'll go to Mayor Pro Tem Blackwell. BLACKWELL: Thank you. I appreciate the report from Mr. Brown. I'd like to move that we allocate $26,400 from CDBG funds for the Fayetteville Vocational Rehabilitation Center. DAWKINS: Okay. That was $27,600? BLACKWELL: Twenty-six thousand, four hundred dollars. DAWKINS: Twenty-six. Okay. BLACKWELL: Which is our half, the County gave the other half. DAWKINS: That's right. And the County has taken action? BLACKWELL: Yes. DAWKINS: Is that Councilmember Cheek seconded that? Let's go next to Mr. Kendrick. KENDRICK: I'm voting for the motion, Mr. Mayor. DAWKINS: Oh, you're voting. All right. Okay, and I believe we're ready to vote. That's a great cause. Appreciate the work. And incidently appreciate, particularly the extra work Mr. Ben Brown's done on this. Not just with the City, but he's very involved in this organization. We appreciate that. (The motion carried by a unanimous vote of 9 to 0.) DAWKINS: And that is a unanimous vote. Thank you so much, Council. BLACKWELL: Mr. Mayor, I had a question. DAWKINS: All right. Let's go ahead back to... BLACKWELL: Also on Item D -- DAWKINS: Yes. BLACKWELL: -- Mr. Stancil if I could ask you a question, please, sir? STANCIL: Yes. BLACKWELL: I appreciate the report from Mr. Teal on ARS and the commercial container collection system. Has ARS approved this procedure or okayed the -- are they okay with what's on page 204? Because last meeting we had some discussion that they didn't feel this was appropriate. STANCIL: All right, if you look at page 203, is my memo about discussions with ARS -- BLACKWELL: Right. STANCIL: They do have operational problems from their business prospective on this. We continue to work with them. As I said, the Inspections Department is not enforcing anything that has to do with gates. BLACKWELL: Yes. STANCIL: ARS has continued to work with us on closing gates when they can and try to keep the problems to a minimum, and we will be back with you with another recommendation as soon as we can put one together. BLACKWELL: Thank you. That answers my question. Thank you, Mr. Mayor. DAWKINS: Thank you very much. BLACKWELL: Thank you, Mr. Stancil. DAWKINS: I want to go to Councilmembers Kendrick and Ross. KENDRICK: Thank you, Mr. Mayor. Go to Item 13-A. DAWKINS: 13-A, okay. KENDRICK: The traffic calming devices that was done on the Fargo Drive area. Apparently proved to be fairly successful with that. In the back of that 13-A, it talks about -- do we need to recommend another public hearing, Mr. Stancil or... for the citizens in the area? It says recommendations result ... in there, blah, blah, blah. The construction costs is around $2,000 per island. If the City does it, in 35 if it's done by a contractor. Do we need to go back to the citizens with this? STANCIL: The people in the area to see what they thought? KENDRICK: Yeah. STANCIL: Are you planning to have another public meeting or...? _________: Probably have a neighborhood meeting. STANCIL: Yeah, neighborhood meeting. KENDRICK: Mr. Mayor, this is one of the things that was shown to Council several months ago. And I like the idea about us being able to put those islands in ourselves at $2,000 versus spending another $1,500 per island. And I see this is probably going to be used in other parts of the City for traffic calming procedures, but not as much as we've talked about stop signs and 25 mile limits. But that we -- when will they have another community meeting? How long will that be planned out? STANCIL: I don't believe it's scheduled, but... _________: In March. STANCIL: In March, this month. KENDRICK: This month? Okay. Can we come back with a little more definitive cost on this? STANCIL: Yes. DAWKINS: All right. Go ahead, Mr. Stancil. STANCIL: I wanted to speak to Item 13-C. DAWKINS: Okay, let me get back -- just a minute. Ms. Ross, you had wanted to speak. ROSS: Beg your pardon? DAWKINS: Did you want to speak? ROSS: Oh, yes. DAWKINS: Okay. ROSS: I was concerned about the fact that we have lost four employees in the Community Development the last 24 months. And I was wondering if we ever discussed that issue? MASSEY: ... DAWKINS: Well, we can get a report from Community Development. Well, we might need to list that as an item. We have to be careful with the privacy act, of course, as to why they were... ROSS: Yeah, uh-huh. DAWKINS: But we can certainly get a report on that, yes. ROSS: Oh, okay. That'll be great. DAWKINS: Yes, yes. All right. In fact, we might, Mr. Stancil and Ms. -- for the next meeting, let's have a report -- information. ROSS: Thank you. DAWKINS: Thank you. Let's go to Mr. Stancil. STANCIL: I wanted to report on the Market House lease, and some people -- some of you had some questions about the lease. And I had suggested that perhaps the move by the Fayetteville Partnership could be deferred until we place this lease on your agenda for consideration of the lease. I hope you understand what I was trying to do. Their plans had been made to move on March the 10th based on our thought we'd put this on the agenda for tonight. And then their board doesn't meet until the 5th, and what we normally do with a lease is have the lessee approve the lease before it comes to you, so that when you approve it, it's final. I understand from Robin Legg that the plans to move are in place and I guess I'm wondering if there are any questions about the move. And we would still put the lease on the agenda and you could negotiate or talk about any concerns you have about the specific provisions of the lease on the 17th, perhaps. Realizing that, I wanted to make sure you knew they -- what they are planning to do is to have new furniture that they had raised money for to be placed in the Market House and they are having that furniture delivered to the Market House. And so I guess I need to know your pleasure whether you want to make sure you have no problem with their doing that before we negotiate the final terms of the lease. Or if you want to wait until you negotiate the final terms of the lease before they move? BLACKWELL: I move we let them move. KENDRICK: Second. DAWKINS: All right. We have a motion will we let them move into the house. MASSEY: Question? DAWKINS: That was made by Mayor Pro Tem Blackwell, seconded by Mr. Kendrick. Let's go to Mr. Massey. MASSEY: I have no problem with the motion. I just really question is this a good precedence? Is it a sound precedence that we ought to set? STANCIL: Can I give you a little background on the lease? DAWKINS: Yes, yes. STANCIL: Of course, I'm sure you all remember that the Downtown Merchants Association, which was the great-grandfather, I guess, of Fayetteville Partnership occupied that space and all the way through old Fayetteville Association and the merger with other organizations, they occupied the Market House and part of that relationship was that a lot of people like to go up to the Market House and see what it looks like. And the deal over the years just became that that organization would occupy the Market House in return for staffing it and dealing with visitors who come up there. When we began the renovations and they had to move out of the interior, they moved out into the old City Hall and the general assumption -- although before when that was occurring, there was no written lease, an agreement between the City and the Merchants Association and the successive organizations for that building. They just occupied it like other community organizations have. So as they were getting ready to come back into the Market House when the renovations were completed, because obviously we needed to have some activity in there and things to occur. We -- Agnes Bundy in our Real Estate Section has been working on a lease with them for some months and the direction was to basically put in writing what the practice was before they moved out. And so the lease -- MASSEY: So this is the first lease? STANCIL: Right. There was never, as far as I know, we were never able to find a written agreement previously for the use of the Market House. DEMPSTER: So, Roger, all this was just verbal? This whole understanding was a verbal understanding? STANCIL: Right. For years and years and years. DEMPSTER: Well, in lieu of that I'd like to make a substitute motion, Mr. Mayor. DAWKINS: Okay. DEMPSTER: I'd like to make a substitute motion that we hold this thing off and take a look at it, study it. Just decide what we're going to do before this happens. I don't know if I'll second or not, but that's what... ROSS: Second. DEMPSTER: That's what I'd like to do. DAWKINS: Okay. All right. So the substitute motion we'd defer any action and then I guess by next meeting we would have any information we need or put together. _________: Mr. Mayor, can I ask Ms. Legg a question in reference to this motion? DAWKINS: All right. Ms. Legg, is you'll come here. _________: Ms. Legg, what did you just want to tell me? (Laughter.) LEGG: With the assumption that we were moving back in, our organization has raised between $50,000 and $60,000 from the private sector through our commemorative brick project for the restoration of the interior of the Market House, thinking all along that that's where our offices were going to be. And that's the reason we did that. And I just wanted to let you know what our efforts and our contribution have been to our office space. DAWKINS: All right. Thank you, Ms. Legg. MASSEY: Mr. Mayor, and Council? DAWKINS: Yes. MASSEY: If I could, I don't think that anybody's concerned -- I think -- I do recall when Old Fayetteville was a part of the Market House prior to that. I think they done a magnificent job in restoration of that grand old structure, that *?Moorish structure. But at the very same time, I don't want her or anyone else to think that anyone is trying to evict them from where they've not -- from where we've not really gone through the paperwork of getting them in place. I think we're just talking about doing it decently and in order. And we're talking about just getting the contract and everything in place properly and the leasing process so therefore all that -- that have been raised to beautify the Market House I'm sure will be able to be used and spent wisely and in an expeditious manner. And here again, if that's important that you move in right now, Robin, would it cause an undue hardship for not -- DAWKINS: Ms. Legg, if you'll come back. MASSEY: -- ... on the 10th? DAWKINS: ... if you'll come back. LEGG: Well, at this moment we have volunteers lined up to move us into the Market House. Our new furniture is to be delivered. We have arrangements with the phone company, and to move our computers. Right now we are the only occupant of the old City Hall. Everyone else has moved out. And we're on the second floor and we have to keep the back door locked so that people don't come in and wander all through the building. So if people come to see us, there's a note on the door. They have to call us. We have appointments, we have to say could you call before you -- It's -- I mean I understand. We've just made plans and it would be a lot simpler for us. We've arranged our schedules so that we have not scheduled anything so that we can move. But you know, it certainly is up to the Council. MASSEY: Roger, how soon could we get a contract? STANCIL: Well, of course, you have the lease and your agenda backs it up ... (Several persons talking.) MASSEY: Okay, if that's the case. DEMPSTER: Mr. Mayor, can I just -- DAWKINS: Yeah. DEMPSTER: -- for clarification? DAWKINS: Yeah. All right, Robin, if you'll stay with us. There may be another question. Chris? DEMPSTER: I just wanted to make sure that people understood that, Robin, you do have a place right now. It's not like you don't have a place at all. What I'm trying to say is I understand because before this meeting, Robin explained to me that her organization raised $50,000 or $60,000 for this purpose. What I'm saying, though, is the taxpayers have paid a lot of money for this facility and I just want to study it to see if we're getting the biggest bang for our buck. Now if that means that Robin and her people are in there, in addition to something else, so be it. If that means we do something else with it, so be that. What I'm saying is that we spent at least $800,000 of taxpayers money on this facility and what I'm saying is we need to at least look at options of recouping whatever we can do with that. That's all I'm trying to say. DAWKINS: All right. DEMPSTER: So that's why ... LEGG: Fine. Mr. Dempster, I just want -- public funds did go to that restoration but there were a large number of private contributions -- DEMPSTER: I understand. LEGG: -- that made up that $800,000. And it was the Bicentennial Committee that headed up -- that took that on as their project in 1989 and it was not Fayetteville Partnership. Our part was the commemorative brick project to raise funds for the interior restoration for our offices. DAWKINS: Yes. All right. Is there any other discussion on the substitute motion which I guess would be back on the 17th, March the 17th. We'd have whatever we would need. Any other information, or...? STANCIL: The lease will be back. DAWKINS: Yes. And then any other -- If this motion passes, I would hope, you know, if Councilmembers have any other questions. MCBRYDE: Mr. Mayor, I have a question. DAWKINS: All right. Mr. McBryde? MCBRYDE: We've got a * here. Can we not discuss it? DAWKINS: Well, yes, if you'd like. MCBRYDE: It was a matter of discussing the lease, why don't we discuss the lease? DAWKINS: Well -- _________: I guess -- Have we followed the ... ? MCBRYDE: Does it matter if somebody is discussing the lease or because somebody wants the market painted? ... _________: No, I'm saying that we followed proper procedure with us, Milo. DAWKINS: Well -- MCBRYDE: I think it's a matter of somebody -- I think it's pure damn arrogance in a matter of somebody wanting the market plan to pay us and you're against it simply because of that. DAWKINS: All right -- MCBRYDE: It's like everything else that's happened in the last two months. DAWKINS: All right, this is -- _________: Put the vote on, Mr. Mayor. DAWKINS: All right. I'll ask for your vote on the substitute motion, which would be bring it back at the next regular meeting. Okay. This would be the substitute motion. (The motion failed by a vote of 5 to 4.) DAWKINS: The vote is 5 to 4 in opposition. Cheek, Massey, Blackwell, McBryde, and Kendrick voted in opposition. In favor is Ross, Dempster, Smith, and Torrey. The substitute fails and now I'll ask for your vote on the original motion which is to go ahead and honor the lease and let the folks move in, the Fayetteville Partnership. So I'll ask for your vote. This is to, I guess, allow them -- I guess that's next week, the 10th or 11th some date they were shooting at -- STANCIL: Yeah, something like that. You're allowing them to move but the lease would still be back on your next agenda to negotiate the -- _________: Yes, that's right. DAWKINS: No. _________: Uh-huh. _________: That's right. CHEEK: Yeah. _________: Yes. _________: Yes, it is. DAWKINS: Yes, that is correct. That's correct. The substitute was defeated which was -- that's correct. That was part of the motion I think made by Mayor Pro Tem Blackwell, seconded by Mr. Dempster. Yes. So I'll ask for your vote on that. They would be allowed to move in and -- KENDRICK: Mr. Mayor, I seconded that motion. DAWKINS: Excuse me, Mr. Kendrick. Did I not say, I apologize. _________: I was going to say -- DAWKINS: Okay. TORREY: Mr. Mayor, clarify the motion, please. DAWKINS: All right. Mayor Pro Tem, you... BLACKWELL: The motion is that we -- My motion is to move, to allow them to move. And they are organized to move and that's all I wanted them to do was move, for the 10th or whatever they have in their letter. Move in the 10th of March and not wait until March the 17th to allow them to move. To go ahead and let them go. _________: Mr. Mayor, but it would be ... DAWKINS: But the -- Of course, that would include -- It'll come back to us on the 17th. It would come back to us on the 17th, the lease and all. Yes, so I'll ask for your vote on the -- This is the regular, this is the first motion. And you heard it from Mayor Pro Tem Blackwell and the lease would come back. (Several people talking while Mayor talking.) DAWKINS: Yes, now everyone has the opportunity to vote. Is there any other question on the motion? ROSS: Answer me ... DAWKINS: Ms. Ross? ROSS: ... clear that up. DAWKINS: All right. If the vote for this, it will come back to us on March 17th to discuss the lease, but this would allow, of course, the people to move in next week. MASSEY: Mr. Mayor? DAWKINS: Yes. MASSEY: Where I fully understand the intent of Mr. Dempster's motion, I fully understand the intent of his motion, there is a way to do business. And I understand the spirit of Robin's observation in terms of what Fayetteville Partnership is seeking to do as it relates to the dealing with downtown or dealing with the Market House in particular. I do feel as though that even though it's a little bit abnormal, and this is why I raised the question about it initially, does this set a very dangerous precedence? When we do see it again, I hope we know what we are looking at in terms of going into doing things in a certain fashion. And any time we kind of move out of that range, but beyond that point are we now voting on the original motion? DAWKINS: Yes. This is the original motion and this would be -- MASSEY: This is what I just voted on a second ago. DAWKINS: -- March the 17th. MASSEY: And it was after we -- after -- so everybody else who has ... DAWKINS: The lease will come to us at our next regular meeting. MASSEY: Right. DAWKINS: But also in this motion they'd be allowed to move next week. MASSEY: That's my understanding. DAWKINS: So I'll ask everyone -- We have ten more seconds for everyone to vote on this motion. (The motion carried by a vote of 6 to 3.) DAWKINS: All right. The vote is one, two, three, four, five, six in favor. In opposition is Ross, Dempster, and Torrey. So on the 17th the Fayetteville Partnership can move into the Market House on the 17th. Action will be taken on the lease. __________: Mr. Mayor, may I make a motion to adjourn ... CHEEK: Mr. Mayor? Mr. Mayor, and Council? MASSEY: Second. DAWKINS: All right. CHEEK: I am sitting here feeling very abashed because I made a mistake when we were voting on the Historic Resources Commission. I must say that I was thinking about the Redevelopment Commission at the time and looking at the agenda which didn't have the man who I promised I would vote for him listed him on the page -- DAWKINS: Mr. Cogswell, come to the microphone. CHEEK: -- 164, so I would like to change my vote. I don't know if it will make any difference in the outcome but I promised Mr. Clark I would vote for him, and I would like to have the opportunity to do that. COGSWELL: You got a -- I heard a motion and a second to adjourn. (Several individuals talking.) DAWKINS: You withdraw your motion? _________: Withdraw my motion. DAWKINS: All right. MASSEY: I guess I withdraw my second. CHEEK: Thank you, colleagues. DAWKINS: All right. Mr. Cogswell stay with us at the mike. CHEEK: So I would like to know if I may change my vote? COGSWELL: You need to move to reconsider the item, and then... CHEEK: Okay. I move to reconsider Item 12-A, 1-B. DAWKINS: All right. Before we do that, do you have the vote, Ms. Jones? You have the action taken on that item? _________: ... it was 5 ... DAWKINS: Yes, it was a 5. Well, Mr. Caldwell received five votes so that was a majority of nine people. So now... CHEEK: But I'm saying I made a mistake in my voting. I would like to have the opportunity to revote and I apologize to my colleagues. I'm very sorry. DAWKINS: Okay, so it'll be up to your colleagues -- MASSEY: That was the second vote, right? DAWKINS: -- if there will be a revote. Mr. Cogswell? MASSEY: ... there wasn't ... Question? Was there a second vote? DAWKINS: No there were five lights lit up. There were five votes for Mr. Caldwell. And the Chair ruled that five -- CHEEK: And I wanted to vote for Mr. Clark, yes. I made a mistake. DAWKINS: All right. So what Councilmember Cheek is asking that we have a revote so a simple majority could give her this right and then we would revote on Mr. Caldwell and Mr. Clark. So Mr. Cogswell, so now do I accept the motion as a second or just ask for the...? COGSWELL: I think if you made a motion to reconsider, that's all ... DAWKINS: Okay. KENDRICK: Second. ROSS: Second. _________: I already did. DAWKINS: Well, I'll recognize Mr. Kendrick's second, Councilmember Cheek. MCBRYDE: ... how about recognize ... DAWKINS: All right. Mr. McBryde, you're recognizable all the time. (Laughter.) DAWKINS: All right. So now this is the vote to reconsider. Councilmember Cheek stated she misvoted. All right. So I'll ask your vote on that, whether to let... (The motion carried by a unanimous vote of 9 to 0.) DAWKINS: All right. That is unanimous. All right, Mr. Cogswell, so then we go back and then I'll again ask all in favor of Mr. Caldwell, is that correct? In other words, all in favor of Mr. Caldwell... All right. (Three people voted for Mr. Caldwell.) DAWKINS: All right. We have one, two, three -- now wait, this is Mr. Caldwell that we're voting on again. All right now the Chair sees just three votes. All right, now I'll ask for the vote on Mr. Clark. _________: ... one or the other. (Six people voted for Mr. Clark.) DAWKINS: Okay. All right. And the Chair sees six votes. So now Mr. Clark is elected by a vote -- well of six votes, which is two-thirds. Everything all right with that, Mr. Cogswell? COGSWELL: It's acceptable. DAWKINS: Okay. MASSEY: Is that our famous 6-3? DAWKINS: Well, it's really messed up on this one. I couldn't even figure that -- (Several persons talking.) SMITH: Second. DAWKINS: Mr. Kendrick moves, Mr. Smith seconds. MASSEY: We finally got to 6-3 ... DAWKINS: I'll ask for your vote to adjourn. Say aye. (Unanimous vote to adjourn.) DAWKINS: That is unanimous. Thank you very much, Council, and everyone for attending. (There being no further business, the meeting adjourned.) SPECIAL MEETING MARCH 5, 1997 - 7:00 P.M. FAYETTEVILLE CITY COUNCIL SPECIAL MEETING CITY HALL COUNCIL CHAMBER MARCH 5, 1997 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2) - arrived at 7:10 p.m.; Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: Roger L. Stancil, Interim City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Ron Hansen, Chief of Police Pete Piner, Fire Chief Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) Mayor Dawkins called the special meeting to order in the Lafayette Room of City Hall at 7:00 p.m. The meeting location was moved to the Council Chamber in City Hall. Mayor Dawkins extended a welcome to the audience. He stated this was a special meeting for the purpose of discussion of the selection process to be used for the City Manager Position. 1. Discussion of Selection Process for City Manager Position. Mr. S. Ellis Hankins, Executive Director of the North Carolina League of Municipalities, addressed the Council and thanked them for their participation in the League. Mr. Hankins gave an overview of the services provided by the League to its members. Mr. Hankins introduced Mr. E. H. "Woody" Underwood, Director of Operations at the North Carolina League of Municipalities. Mr. Underwood gave a background of his education qualifications and his work experience. After recommending that an executive search firm be chosen to assist the Council in their selection process for the City Manager, Mr. Underwood presented an in-depth report on the selection process. An overview of the steps in the process is as follows: 1. Develop the criteria of persons to fit the job and the needs of the City of Fayetteville. 2. Develop desirable formal qualifications for the job advertisement. 3. Publish the vacancy. 4. Agree on the time frame. 5. Do the screening process. 6. Interview the applicants. 7. Do background check of semi-finalists. 8. Council do the final interview of applicants. 9. Selection of the top candidate. Mr. Underwood emphasized the importance of the Council's interview of the applicants. He also reminded the Council that the applicant would be interviewing the Council at the same time and it was extremely important that the interview be conducted in a professional manner. After the formal presentation, Councilmembers held a question and answer period. Councilmember Massey inquired as to whether the League could provide a list of potential search firms. Mr. Underwood stated in the affirmative. Mayor Pro Tem Blackwell inquired as to the cost of hiring a search firm. Mr. Underwood said his estimate would be $15,000 and up for a professional firm. Councilmember Cheek stated she would like for the search firm to help finalize the Council's expectations of the Manager. Councilmember Torrey inquired about the time frame. Mr. Underwood stated he felt three months would be the lowest level of time and it could go up to five or six months. Councilmember Kendrick inquired as to whether a Councilmember could individually submit an application or would it go through the search firm. Mr. Underwood stated the usual procedure was to have all applications go through the search firm. Mr. Ellis Hankins stated that one of the advantages of using a professional search firm was that they could actively recruit applicants and use their network resources. Mr. Hankins advised the Council to be careful and not to solicit candidates individually or choose a candidate in advance. A discussion ensued regarding the North Carolina League of Municipalities' ability to assist in the development of an RFP. Mr. Underwood stated he could provide a list of potential firms and a draft of an RFP by Friday, March 7, 1997. Councilmember Smith moved to have the North Carolina League of Municipalities send a potential list of professional search firms and a draft of an RFP to the City. The motion carried unanimously by a vote of 9 to 0. Councilmember Kendrick moved to adjourn the meeting, seconded by Councilmember Smith. There being no further business the meeting was adjourned. SPECIAL MEETING MARCH 5, 1997 - 8:00 P.M. FAYETTEVILLE CITY COUNCIL SPECIAL MEETING CITY HALL COUNCIL CHAMBER MARCH 5, 1997 8:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large) Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present Roger L. Stancil, Interim City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Ron Hansen, Chief of Police Pete Piner, Fire Chief Kai Nelson, Finance Director Members of the Press (NOTE FROM THE COURT REPORTER/TRANSCRIPTIONIST TRANSCRIBING THE TAPES SUBMITTED FOR THIS MEETING: THE BEGINNING OF THE FIRST TAPE IS BLANK. WE WILL INSERT A NOTE WHEN THE VOICES BEGIN TO APPEAR ON THE TAPE. THIS FIRST PART IS SIMPLY A SUMMARY AND NOT VERBATIM BECAUSE NO VOICES APPEAR ON THE TAPE.) (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) Mayor Dawkins called the meeting to order and stated the agenda was discussion of the contracts with Investigators Dr. Ronald Hunter and Ms. Cheryl Grant. 1. Discussion of Contract with Investigators Dr. Ronald Hunter and Ms. Cheryl Grant. Councilmember McBryde stated he had been informed there were citizens who were willing to pay for the investigation at no cost to the city if the investigator was Gallagher-Westfall Group, Inc. A discussion was held in which Councilmember McBryde inquired of City Attorney Robert Cogswell as to why Council would not be allowed to ask questions or make comments about the investigation report they had received about Dr. Hunter and Ms. Grant. City Attorney Robert Cogswell stated he had just found out from Dr. Hunter and Ms. Grant that in their opinion some of the information given to Council was not public information and he would like to check into it more thoroughly. Councilmember McBryde asked Chief of Police Ron Hansen for comments. Chief Hansen stated all the information given to the Council was public information and Sergeant Sportsman who had done the investigation stated the background information had been obtained through a program based in Florida called Auto Track, a clearing house on public information. Councilmember McBryde moved to hire Gallagher-Westfall Group, Inc. to do the investigation at no cost to the City. The investigation would be funded by private members of businesses within the City and the group would be answerable to the Council. Councilmember Kendrick seconded the motion. Councilmember Dempster asked Ms. Allan to divulge the donors' names and the amounts of their payments. Ms. Allan stated she did not have anything in writing at this time but she would personally sign a promissory note for the full amount tonight. Councilmember McBryde agreed to withdraw his motion with the understanding that it would come up later. Councilmember Kendrick was in agreement. Councilmember Cheek thanked Ms. Allan and other people who made the important civic offer. She inquired of City Attorney Robert Cogswell what was the legal status of the Council if an investigation that was paid for by the Council came up with unfavorable results and if that report could be used in lawsuits against the City at a later date. City Attorney Robert Cogswell gave the Council the legal background and the possible consequences of a potential lawsuit against the City. Councilmember Cheek inquired if because the Council had asked for the investigation and was paying for it, would this be more of an admission of fault than if someone else had asked for the investigation. City Attorney Robert Cogswell stated he did not see that because as a governmental body the Council was taking steps to look into a potential problem and he felt this was a good-faith step. A discussion was held regarding the EEOC conducting the investigation and the effects of employer/employee negotiation and settlement. (NOTE THAT THE VERBATIM TRANSCRIPTION OF THE TAPE NOW BEGINS ON TAPE 1A ABOUT 34 MINUTES INTO THE TAPE AT OR ABOUT COUNTER #492 WHERE THE VOICES FIRST APPEAR:) DAWKINS: ...we're having invited two guests to be with us tonight, I would -- Does Council have any other questions or comments, because I was going to recognize Dr. Ron Hunter and Cheryl Grant to see if they have any comments, and there may be some dialogue. Now, we do have two microphones set up. They can handle this either way they like. Dr. Hunter and Ms. Grant, would y'all maybe want to come forward and maybe we can get this going. We're glad to have you. And now, I know Mayor Pro Tem Blackwell would like to -- go ahead. BLACKWELL: Thank you, Mr. Mayor. I want to thank Dr. Hunter and Ms. Grant for being here. And I guess the comments I'm about to make are not directed at you, and I want you to understand that. But as I sit here tonight, I just can't hardly hold it any more. Sometimes we act like Mayberry RFD up here -- (Laughter.) BLACKWELL: And I'm not trying to be funny. I came here tonight. I read every word of this information that was sent to me, every word. I've highlighted it, I have questions, only to find out when I got here tonight that I can't ask these questions. Now, how in the world, regardless of which side you're on, how in the world can I make a determination about the qualifications of these two people, or anybody else, if I can't ask the questions I have? Now, if this is a done deal, then somebody needs to make a motion. We don't need to waste these two folks' time any more. If it's not a done deal, then somebody ought to be able to ask some questions. And -- COGSWELL: Dr. Blackwell, I certainly feel like you can ask them their experience and those type of things -- BLACKWELL: That's not the questions I have, based on the information I have. If there was a whole different set of information that I could have read, I probably could have asked a different set of questions. My point is, the way I understood this meeting was going to be conducted tonight was this: We were going to hear from these two individuals that this Council was interested in contracting with. It was my understanding, and I may be way out in left field, that we were going to talk about a contractual agreement tonight -- FEMALE: That's right. BLACKWELL: -- that you were going to present to us some terms of some type of contract to perform as services for this City. We have sample contracts that I have read and highlighted that I'd like to see part of that contract. So I was under the impression we were going to dialogue tonight, a give and take session, and we were going to talk about a contract, if indeed that's what was going to happen. Then we were going to discuss that contract, and it was my understanding that we weren't going to even take any action tonight. Let me finish, please, sir. And, now, I'm not sure what we're doing, but maybe you can help me with that. COGSWELL: Yes, sir. They -- When she got here this afternoon, they indicated to me that they have no problem with the contract that we sent them, other than refining the scope of services, which is the attachment, and also some discussion on the cost. All the other provisions of the contract I sent them, they are satisfied with -- that Roger sent them. BLACKWELL: All right, so is -- COGSWELL: The scope of services and the cost is what they have indicated to me that they are prepared to talk to you about. BLACKWELL: All right. Now, would we have an opportunity to have a copy of that contract? COGSWELL: It's the one you were sent. __________: You already have it. BLACKWELL: All right. And review that? COGSWELL: The only thing -- BLACKWELL: We have it? COGSWELL: Yes, sir, the only thing that they want to talk about -- BLACKWELL: The one I was sent didn't have any blanks filled in. Now, maybe -- COGSWELL: That's because -- BLACKWELL: That's where we're going to fill those blanks in tonight? COGSWELL: Yes, sir, the paragraph about the basis of compensation and then they had some questions about the scope of services, that obviously Mr. Sampson and I could not answer ... because that's the -- DAWKINS: All right. Let me do something here. How much, if y'all are prepared to answer, what would roughly be your cost per hour, if you can, if we hired you in this area? GRANT: We told the City Attorney that my hourly fee would be $250. DAWKINS: Okay. And that would be, naturally, apiece. Okay, do we have -- Ms. Grant, do we have a rough ballpark time? I'm not privy, of course, what you told the City Attorney. But at least we're at $250 an hour apiece. With what -- or do you have enough information about what we're asking of you, roughly how long do you think this might take? And I know, you know, it's... GRANT: I think we need to get some -- DAWKINS: All right. Why don't we do this, let's go to you and let's go ahead. GRANT: Yeah. Maybe I'm confused, but I received from Mr. Stancil a copy of the proposed contract, and in that contract there was a scope of services. It was my understanding that you were interested in the investigator and your special counsel to investigate the matters in that scope of services. Mister -- Dr. Hunter asked some questions about that scope of services because one of the areas in there was to investigate the office of the City Manager. And it was his understanding that that would broaden the scope beyond what it appeared to be you were interested in totally. When I read the scope of services I felt that there were two major areas that you were interested in. One of the major areas that was clear to me was that you were interested in evaluating the policies and practices within the Police Department. The other area that I felt you were interested in is improving community -- police-community relations. We felt that the scope of services really narrowed to those points -- DAWKINS: Right. GRANT: -- And if that were what you were really interested in, and we've not been able to get that information -- DAWKINS: Okay. GRANT: -- but if that's what you were really interested in, then we will be able to set a time frame for that. DAWKINS: Right. GRANT: Now, you have to understand that we were invited here just today -- DAWKINS: Right. GRANT: And that we've had the privy of talking to Mr. Stancil on the telephone in the last week and a half and with your City Attorney today. So we were trying to get a clarification, if that's what your interest was, or were you really interested in that broad scope that you had in that scope of services? And so we felt that if you were interested in that, you were probably, if you were interested in a timely audit or review, then you were looking at a lot more time than what you anticipated if you were attempting to look at those practices. DAWKINS: Okay. Well, I think -- Of course, Council will have to speak for themselves, but I think it was those two areas primarily that Council is interested in, in the area of the Police Department, and things like that, is what I feel. Of course, we can have give and take on that. But let me go back to both of you. I think, Dr. Hunter, did you want to say anything right now, or...? HUNTER: Well, I'm in agreement, and I believe Dr. Cheek addressed that; that as far as looking into the City Manager's offices, I really think that would be a moot point. DAWKINS: Right. Well, that's -- HUNTER: And I think by just narrowing it to what was just alluded to, you would make it a much shorter and more concise investigation, and I think you would address the concerns that have been discussed here. DAWKINS: All Right. Okay -- GRANT: But I think something needs to also be clear, because I'm not understanding where Mr. Blackwell is going. Again, I may be misunderstanding things. But I was asked to submit to Council a proposal for this. My former boss, Sylvester Murray, had contacted me and had informed me of this. I had not known of this, because this news has not travelled to Cincinnati, Ohio. And in my response to that, there was nothing in that that indicated that you were doing any more than reviewing the proposal and extending an offer. As a follow-up to that, I was called by Doctor -- I mean, I'm sorry -- Mr. Stancil and the newspaper, informing me that I had been selected to negotiate this contract with Council, and that Dr. Hunter also had been selected. We were subsequently called and said that as a standard policy of employees with the City, that you were to undergo an investigation. Well, we're not employees of the City, we're independent contractors. DAWKINS: All right. GRANT: And that I was not asked to sign a release, I was not asked to give references. I was told that the investigation had ceased because of some questions that Dr. Hunter had raised with the investigation. So I'm not quite certain how that's gotten to the point that it's gotten today, because I told Mr. Stancil that if -- I have no fear of an investigation. There's no reason for me to fear that, and there's no reason for me to stand before you and defend what I do. I -- (Applause.) GRANT: I submitted to Council a proposal that I felt that I could fulfill -- DAWKINS: Right. GRANT: And if it is the wish of Council -- And I believe in America, I believe in Democracy, I believe in fair debate, I believe in all of that. But I also believe that people should be judged by their character and not by appearance -- (Murmurs.) GRANT: And so if this Council wanted -- (END OF TAPE 1-A.) (BEGIN TAPE 1-B:) GRANT: ... they would have gotten it. But I didn't -- I wasn't asked that. If this Council wanted references, I would have given that. I wasn't asked that. So I'm not quite certain the misunderstanding as the reason for today, because if that's what this Council needs, then that Council will get that from me. And when I came here today, I received a copy of a report and I'll tell you what I said about that report. First of all, it indicated my race, my sex, and my age. (Murmurs.) Grant: Under the EEOC, when you are hiring, you do not go into a person's race, sex, and age. (Applause.) Grant: Number two, it gave information about my driver's license, my social security number, and it was passed around. (Murmurs.) GRANT: Now, in Ohio -- I don't know about North Carolina, I'm learning -- In Ohio, in order for me to get driver's registration information I must issue a subpoena. Now I know that under the Interstate Traffic Code, cities can go into the computer. I'm a former Police Officer, I know how it is done. You can go into the computer and you can get registration information if you are involved in a criminal investigation and if you are involved in a traffic stop. Now, I don't know how that information was gathered. But my question was, this is -- there isn't a way to do this to get the same information, but I would have been willing to have given the City an opportunity to do that. And that's when I questioned the information in the proposal. It wasn't a matter of the facts, because like I said, I can stand on what I've done. But what I'm saying is that I was not given an opportunity to have input in that. Now, if there is a question that you want to ask me -- DAWKINS: Right. GRANT: -- ask me that question. DAWKINS: Right. GRANT: And I will answer the questions. DAWKINS: All right. Let's go from here, Council. I think, of course with Dr. Hunter and Ms. Grant, if there are questions, which I guess one would be to provide references or things like this, but I'll let Council -- let -- let me -- Dr. Hunter, did you want to speak? You go ahead. HUNTER: Well, this is in follow-up in that she said she didn't question some of the comments. As I indicated to you, I have a real problem with the organization that we're being -- that we were being, I assumed hired to investigate, investigating us as a sort of a peremptory strike. (Applause.) HUNTER: ... And I certainly have regarding the validity of some of the things in here. First of all, my name is not Robert D. Hunter, very first thing in there. Secondly, I am not currently self-employed as an outside consultant. I'm an Associate Professor of Political Science and Criminal Justice, as indicated to you in my vita. And also, I, in addition to authoring numerous articles on crime prevention issues, where it seemed kind of implied that I have no background, I happen to be the co-author of the leading textbook on crime prevention -- I'm sorry, on police-community relations. And I notice that was overlooked as was that introductory text with Prentice Hall, one of the top publishers in law -- on law enforcement, and numerous articles there. So, yes, I had a problem with this investigation. I still do. And this is -- This, along with other conversations with Mr. Stancil, is why I initially looked at this and said it looks like a mess and I'll decline. And now it's like this doesn't seem to cease. If you don't want the investigation, don't have it. But don't use it as an excuse that, "Oh, we might get sued if we do it." Inactivity is what gets you sued, Madam, not activity. Not pro... (Applause.) HUNTER: ... My point being is my -- CHEEK: Thank you very much. My point, sir, is I realize that you have not been privy to all of this and you're probably glad. HUNTER: Right. CHEEK: It has not been very pretty. But I have supported an investigation that was done the right way and I have all along, so -- HUNTER: Well, this is my point -- CHEEK: -- and I think we have misunderstood each other and... if I said anything, I did -- said nothing at all critical about you, sir. Thank you. HUNTER: Well, let me just make a couple of things clear. The first thing is that I've been asked from the media, from Mr. Stancil, and this detective that called me, and incidently I did not respond supposedly; well, I didn't because I thought that the thing had been called off. Now, as far as the big question seemed to be what my relationship with Melvin Tucker was. Let me tell you something. Melvin Tucker was the Chief of Police. He was the Chief, I was a Sergeant. When we saw one another, I referred to him as Chief, he referred to me as Sergeant. The last time I saw him was in November of 1987 when I handed in my resignation leaving the Police Department, entering active duty and frankly, ladies and gentlemen, I was talking with a colleague from this area -- If you noted there, you notice I taught at UNC-Charlotte. You also note that I'm the Second Vice President of the Southern Criminal Justice Association. I have colleagues and friends all over this State. I was advised about this, "Oh, you're doing that. This is kind of in your area. You're a mixed political science there." And I put in to look into it. I do not have a dog in this fight. I have no ideological things and frankly, I'm not pressed that much for the money. If you want a fair investigation out of policy and procedures, I'll be happy to look into it. But I'm not going to stand up here and have my integrity slandered for this. Frankly, ladies and gentlemen, I don't need it. Now, if you want a fair investigation done and you want to select me, I'll do the best job I can and try to keep it under cost and do what I can for you. But, no, I haven't given certain things. If you want to check my credentials and ask for references so you can tell my character, you could have called my former colleagues at UNC-Charlotte, you could have called a lot of things. But what this was was a pre and pure attack to discredit me, and I don't appreciate it. (Murmurs and Applause.) DAWKINS: All right. Thank you, Dr. Hunter. We appreciate this -- All right, let's... I hate for y'all to keep standing, but I think we need to roll along on this. We roughly -- and we appreciate this very much. It roughly would be $250 an hour apiece. And I think Ms. Grant sort of hit it on the head in the area that Council wants. Let me go one step further. Do you have any -- Of course, I know we need to sign, if that's the wishes of Council, and the wishes of you two after the contract. But Ms. Grant or Dr. Hunter, do you have any -- If this was Council's wishes to look into what you stated earlier, those two areas, related to the Police Department and all, do you have any ballpark, and this would have to be ballpark until we narrowed it down, about a time frame on this? And I don't know if that's fair -- GRANT: We had a -- DAWKINS: -- or unfair. GRANT: Excuse me, Mayor. DAWKINS: Go ahead. GRANT: We had asked the question of you because we felt that if you were interested in covering the areas that I'd extracted from that, then we felt that we could do that. And we have to understand from investigation to analysis to reporting, then you have a time frame maybe we were talking about 60 days or whatever. We needed to understand -- DAWKINS: Right. GRANT: See, it's my understanding -- I've been a City Attorney -- DAWKINS: Right. GRANT: -- I've done a lot of things. And I've worked with City Council. It was my understanding that usually you sit down and you talk to your administration, you talk to your City Attorney, you try to get an understanding of what your potential client wants. DAWKINS: Right. GRANT: And then you submit to them a proposal. DAWKINS: Right. GRANT: I needed to understand what you wanted. DAWKINS: Okay. GRANT: And it's becoming clearer to me -- I've had an opportunity to talk to your City Attorney today and I really appreciated him taking the time with us. We've had a talk with Mr. Stancil today. He informed us today about his recommendation. And I told him that what's important to me is integrity in the process. DAWKINS: Right. GRANT: You can't be loved or liked, but if you deal with me fairly, I'll deal with you. And that I've asked that -- All I've asked people to do is to be professional with me and to put integrity in the process. And then Council or Management can do whatever they want to do. Because see, we've had this problem in Cincinnati, Ohio. We've been through this. Most major cities have. DAWKINS: Right. GRANT: And I tried to point out to your administration that you're doing it now, there's nothing to fear; diversity is good for America; that diversity puts strains in the system; that what the system needs to do with diversity is to work with it and it will improve the system. I can't get in the politics of that -- DAWKINS: Right. GRANT: -- but what I'm saying to you is that we now understand what you want. We have said to you that if you want us to be your representative here, we're willing to do it. If you don't want us to do that, it's fine too. We will go back home, and enjoy the City of Fayetteville and the nice people whom we've met thus far. DAWKINS: Thank you. GRANT: So that's all we need to know. And I don't know what it's going to cost. I told him that depending on the scope with expenses, and et cetera, you could be at $50,000. You could be at $60,000. You needed to tell us. We found out today that you would assist us in those expenses with reproduction and that kind of thing. DAWKINS: Yes. GRANT: So we had to know those answers to try to do that. Both of us are very interested in doing this expediently -- DAWKINS: Right. GRANT: -- but fairly. And we're both interested in trying to allow us to do what you want us to do and then you judge the product. So I don't know what else that we can do -- DAWKINS: Okay. GRANT: -- other than ask questions -- answer your questions. DAWKINS: That's very fair, doctor. Did you want to say anything, Dr. Hunter? HUNTER: ... your questions. DAWKINS: All right, if you don't mind, if you would stand there. Let's go back to Council. We've certainly, I think, progressed along the line such as the area of, you know, how much an hour. I know that -- and maybe we've all learned a little bit today. So let's -- Does Councilmembers have any questions or whatever? I think we need to move along on this. BLACKWELL: Mr. Mayor, I'd like to make a statement, please -- DAWKINS: All right, go ahead, Breeden. BLACKWELL: -- To Ms. Grant and Dr. Hunter. The reason for my feeling the way that I do was only based on information I had. All I could go on is what I had been given. GRANT: Uh-huh. BLACKWELL: I did not have any personal information or other information that you offered to submit tonight. The only thing I had from Dr. Hunter was his response to a letter. Now, let me say this very clearly. Had I had additional information concerning both of you, or whatever you wanted to, and I agree you were not asked to submit that, so I do have a problem with that. But I want you to understand from my point of view that all I can base my concerns on is what I have been presented. And that's faxes, information; yes, copies of the investigation. So Dr. Hunter I don't want you to think for one minute I'm attacking your integrity, or Ms. Grant's integrity. Because see, I believe that's the key word of doing all the business that we do. HUNTER: Well, it's a lot more important to me than this job. BLACKWELL: I understand that and I respect that. But I want you to also understand that I can only respond to information I've been given. HUNTER: Yes, sir, and again, if information is requested, we have to... BLACKWELL: Okay. And I appreciate that. But I felt I needed to make that point with both of you; that I'm not here to attack either one of you. Just to go by the information that I had. And that did raise some concerns. Even if -- it may not be fair, but I don't know any other way to say it. I don't have anything else. I'm willing to get some more information if you'd like for me to have that. But I would rather, Mr. Mayor, if I can at this point, to withhold my questions until I see what else -- DAWKINS: All right. BLACKWELL: -- what other Councilmembers want to do also. DAWKINS: All right. BLACKWELL: I'd be very interested in hearing from them, too. DAWKINS: Let's go to Councilmember McBryde. MCBRYDE: Mr. Mayor, I think I would also like to have those references. And one thing I would like to have is references showing your experience in this specific type investigation. I can't refer to anything, so I'm just going to say I don't know. Do you have any background investigating personnel practices in a Police Department and in a City Manager's Office? I'd like to -- GRANT: In the City of Cincinnati -- In the City of Cincinnati, the issue was raised by the Mayor at that time whether or not there was racism in the Police Department. The City Manager at that time requested that I, along with two other members, investigate that issue. We investigated that issue and issued a report. I have been practicing law for 23 years, and I have been working with and without the EEOC that long. And I started working under a fellowship out of Howard University and I've also been in private practice. I've been a U.S. Attorney. I've done -- I've traveled in China for three weeks with the criminal justice personnel, and at that time we were asked to consult with the Chinese Government on their practices. I was asked to do that, and I did that. What I'm saying to you is that whatever you want, I can give that to you. And the person that should have been called and talked to is the person who recommended me and the person who I worked for for six years investigating complaints, and that was former City Manager, Sylvester Murray. Now he -- MCBRYDE: My question is I would like your background in this specific type investigation. GRANT: If you're looking at police -- MCBRYDE: That's all I ask. GRANT: If your looking at police-community relations, I was on the committee with Archbishop Bernandine -- MCBRYDE: I'm talking about an investigation into a Police Department's personnel practices. That's my question. GRANT: Yes, with the City of Cincinnati, yes. MCBRYDE: And that's directed to both of you. I don't want it -- What I'd like is written so I can see what it is and we can check the... (Mumbling and Murmurs.) DAWKINS: Let's us have this discussion. MCBRYDE: I believe the -- I believe that that's a fair question. We're getting upset at the other end at a $195 an hour attorney and here we got a $250 Attorney and a $350 Magistrate. DAWKINS: All right. Let me -- MCBRYDE: What I would like is specifically what cities and towns you have gone into and investigated personnel practices in a Police Department. That's pretty much the scope of this. I'd like to know your experience along the lines of the scope of services here. I think that that's a fair question if we're going to hire you to do that work. DAWKINS: Would either one of y'all want to respond to that? HUNTER: I believe he said he wanted it in writing. MCBRYDE: Well, I would -- yes, absolutely so. So we can check with the cities that you did business with. HUNTER: Who are you going to assign the investigation to? MCBRYDE: Probably the Police Department, I guess. (Mumbling, murmurs and laughter.) GRANT: I have no further comment on that. DAWKINS: Okay, thank you. MCBRYDE: I see -- DAWKINS: If you'll -- MCBRYDE: -- management would check with those places, if there are any. DAWKINS: All right. Let me go to Ms. Ross. ROSS: Mr. Mayor, I'd like to make a motion -- DAWKINS: All right. Okay. ROSS: -- that we accept the services of these two. DAWKINS: All right. What -- Mr. Turner you want to help us on this. Do I have a second? We would, I guess contract -- We know roughly the hours, and I guess, Ms. Ross, what we're talking about if this passes we would come back with more specific. ROSS: Yes. Yes. DAWKINS: At least we know it's $250 an hour and then a rough idea, I guess, of how long. ROSS: Yes, get started on something. DAWKINS: And, of course, Ms. Grant has given us maybe ballpark. Now, I need a second to Ms. Ross. MASSEY: I second the motion. DAWKINS: Okay. Now, let me go to the front of -- MASSEY: For the sake of discussion, I want -- DAWKINS: Okay, Mr. Massey, do you want to speak? MASSEY: Mr. Cogswell -- DAWKINS: Yes, Bob, if you'll come to one of the mikes, because -- HUNTER: Mr. Mayor, while y'all discuss that, may we sit down? DAWKINS: Yes. Thank you. Thank you very much. Thank you. COGSWELL: What's the matter? Your shoes don't fit these holes right here? (Laughter.) MASSEY: Mr. Blackwell made reference to the fact that we wanted to just take a look-see and we actually we were engaging in negotiations of sorts and, of course, it's my understanding that the contract that was originally sent was generically in agreement with both Dr. Hunter and -- DAWKINS: Ms. Grant. MASSEY: -- Attorney Grant. COGSWELL: They told me that this afternoon for the first time, yes. MASSEY: Okay. Did we ever get an estimate on the amount of time that the -- COGSWELL: I didn't discuss that ... MASSEY: ... that was the limited scope, the one dealing specifically with the Police Department personnel and things of this nature, approximately about how long would that take? Could -- HUNTER: It would depend on the availability of materials and all. Depend -- Yeah, about 60 days. Sixty days approximately. GRANT: If you're talking about ... __________: Report -- COGSWELL: Confined to the -- HUNTER: Sixty days. COGSWELL: Confined to the Police Department? HUNTER: Yes. DAWKINS: It's going to be roughly 60 days. MASSEY: Okay, and can this Council, or should this Council put a top lid limit on the amount of money spent for this investigation? COGSWELL: You normally -- When you hire an independent contractor, the normal way it's done is that you have an hourly rate, plus reimbursable expenses, with a cap. MASSEY: With a cap? COGSWELL: If they don't spend it, they don't get it. They get paid by the hour, and then -- but there's a maximum amount. MASSEY: Okay. COGSWELL: With any contract, you can make changes down the road if you feel like you need to. DAWKINS: There would be some things, Bob, I think as they mentioned that Ms. Grant might have mentioned or Dr. Hunter, that -- along -- like if certain things we could provide for them, that naturally -- because if we couldn't, then they'd have to go pay for these things. COGSWELL: Now, the reimbursable expenses are on top of that cap. _________: Excuse me. MASSEY: Okay. Reimbursable expenses are on top -- COGSWELL: No, excuse me, they do include it. They are included... MASSEY: Reimbursable expenses are included with -- COGSWELL: In the cap, yes. MASSEY: Okay. All right. Are there any other questions from other Councilmembers? I'm done right now, I just wanted to... DAWKINS: Right. Okay, let's -- I know Councilmember Cheek wanted to speak. CHEEK: Thank you, Mayor. I'm still not clear on what we're -- __________: Scope of services. CHEEK: -- on the scope of services, yes, thank you. And I heard some mention of police-community relations and I didn't see that in this scope, the draft scope that was there. And I saw some things about Fayetteville Personnel Practices in general, and so I'm still a little bit unclear and I would think that we would want to know what's being proposed that we contract with. DAWKINS: Well, yes, Ms. Grant if you will come up. I think Ms. Grant mentioned earlier... GRANT: The scope of services does not identify police-community relations, but if you're talking about police morale, if you're talking about terms and conditions of employment, if you are talking about personnel issues affecting your police, you are usually talking about those issues that affect your community, because the police represents the community and is involved in the community. So we're not -- what we're saying is that if you capture what you're talking about, it seems to be in those two areas. Not that you are -- you will say that it's improving police-community relations, but it is looking at the Police Department not from a tear-down situation, it's looking at the Police Department as to how it functions within your environment, what is its reputation with or perceptions in its community, how can you improve that so that the police feel good about working in the community, and the community feels good about the police? So what you're trying to do is to develop methods and ways in order that you improve the morale of the community and the Police Department. And those issues that were raised fall in that area, If you look at seven and if you look at A toward H. Now, you talk about in there disparate treatment, but what about disparate impact? That means disparate impact. It means that you may have some facially neutral policies that may have a discriminatory impact that on its face are very fair. So you need to find that out, so if you want to make changes in your Police Department and you are willing to make those changes that can improve morale and relationships, that's what you're looking at. I don't -- most councils don't look at tear-down, they look at improvement. They look at making recommendations for getting the best system, making it most efficient, and getting community support. Now I may have been reading something else, but when I read your scope of services, that's what I read. And if it's wrong, then I need to be corrected. But my understanding was that you wanted to make Fayetteville Police Department the best in the land, that you wanted to look at it, you wanted to review it, you wanted to make recommendations, and that you were hiring outside people to do that. And that's the way I saw it, and if that's incorrect, then you can correct me. DAWKINS: Okay. Thank you, Ms. Grant. CHEEK: May I ask Ms. Grant a question? DAWKINS: Yes. Ms. Grant? CHEEK: Thank you. Could you explain a little bit about how you go about that? Are there surveys involved -- GRANT: Well, one of the -- CHEEK: -- or do you use existing information that's -- GRANT: Well, one -- CHEEK: -- already been assembled? GRANT: Excuse me. One of the things that we did in our city is that we just asked the police: Did you believe that there was racism in the Police Department? And if you believe that, how was it? I mean, and if you didn't believe it, were there problems there that you felt existed in there? One of the problems that came out in our city was that women were having a difficult time in the system and they were bringing out issues around women. But we asked those questions, we looked at the system as a whole, and we made recommendations. Now, a lot of Police Departments will look at training, they will look at in-service training, they will look at the initial recruitment, they will do sensitivity training, they will talk about diversity issues. A lot of Police Departments in their efforts to improve their department look at methods that will help people to understand one another. Because you're really bringing your attitudes, your perceptions, your history to that department. So that's what we look at. And that's what we did. And it helped. You don't eliminate diversity issues, you work with diversity issues. You review diversity issues. You try to get people to work with diversity issues. And you understand that you're in there for the long haul. And that's how we looked at it. I don't know if that's what you want to do. But if you want your department to look at itself, and review it and to deliberate on it, and see if anything can be improved -- and every system I know can be improved, even the best systems. And if you want to do that, you know, that's what we're able to do. But I don't -- I'm not coming here, and I didn't understand that's what you want to be a henchman. I thought what you wanted to -- was that you wanted to look at your department, see if there was some recommendations that could improve morale, that could put things in place, that would not violate law, and certainly I would suggest that that's looked at very carefully; and that you would allow members of that department to participate in that process, so they will feel that they have bought into it and have some accountability in it. And that's how I view that. CHEEK: I am glad to hear that you are emphasizing diversity as something that our city does and has been doing. And we would certainly continue to do that. I'm still not sure -- Am I interpreting that you do not envision doing various community surveys; that you are approaching the community side through the department? GRANT: No, that is not true. You know, if your community has issues, you want to hear those. If the department has issues, you want to hear those issues. If the organization itself have issues, I would suspect you'd want to hear all of the issues. It's my understanding that what you wanted to do is to hear it, put it together, and see what you can do with it. And you were asking people who were outside of the environment to come into the environment and to put that information together for you, and to make recommendations. Now maybe I'm hearing something else, but that was my understanding of what you were interested in doing. CHEEK: I think I'm just trying to see how that would look on paper; that is, some sort of description that would help us understand a little bit more about what you're doing. And I realize that you don't have that with you, but I would hope -- _________: Dr. Cheek -- CHEEK: -- that you would have that before we made that -- GRANT: That's not true. The description is in your description. If you look at your scope of services that Mr. Stancil sent to me, and I assume that it did come from Council because that's what the representation was, that description is there. If you look at -- CHEEK: With all due respect, when I read that description, I don't see the same things that you just said to me. For instance again, I don't see anything about methodology as far as various kinds of surveys that might -- the investigative team might go ahead and take. And that's simply all I was asking. _________: Dr. Cheek -- GRANT: Yes, because if you're looking at process, you're looking at process. Now I'm talking about process, but your description talks about substance. It talks about issues that you want to touch upon. If you want to look at the investigative process, Dr. Hunter and I can do that, but only after we have executed a contract, and we haven't done that. And so you're looking at two different things. Your interest is process and not now substance. We were dealing with substance. And we can deal with the process, because we want to be able to present that to you. CHEEK: I think they're both important and they're both involved, and I personally would like to know both of them, as well as that third factor which is cost. Thank you. HUNTER: Also, the biggest police-community relations impact will be from the fact that a fair and open investigation was conducted. And incidentally, an investigation, not only would identify any potential problems that are there -- I said potential, not existing -- as well as existing, it also would identify strengths and things that are being done well. I would not participate in a witch-hunt. I will call it like I see it. And it will be to recommend to the Council these are the things that are also being done right in the Police Department. DAWKINS: All right. Thank you, Dr. Hunter. Y'all may be seated, but we'll probably call you back. I'm going to go to Mr. Torrey. TORREY: Ms. Grant -- DAWKINS: Oh, I'm sorry. I'm sorry. TORREY: I'm delighted to meet you. I'm the one that -- DAWKINS: That's right. Mr. Torrey -- TORREY: And I know that you are eminently qualified and I know that you perform and function in the capacity in which you are here, and I know that you'll give us a fair and honest -- you'll be fair and honest in your deportment. I have a few questions that I'd like to ask you. And maybe that -- First of all, I'm going to say that we need to hire you and Mr. Hughes, we need you. There is a need here in the City of Fayetteville -- I've been here all my life, and one of the things that I would like to know is will you need the review of the concern of various community groups? GRANT: Yes, based upon your scope of services. TORREY: Very good. Another thing I would like to know. What materials and services are to be furnished by the City to you? GRANT: I was told -- Dr. Hunter and I were told today that the City would offer us administrative support. And that would, of course, save you on your costs. TORREY: Thank you. Okay, will you make any recommendations deemed necessary to improve the process, even though the changes might substantially affect the outcome of the process? GRANT: I think so. If that's in the, you know, if that's necessary. I would suspect that we would want to make you recommendations. Of course, Council in your power may do what you want with our recommendations, or not do anything at all. But certainly, we would want to make some findings of facts, and some conclusions and some recommendations. TORREY: All right, thank you. And lastly, will you respond to any media requests of any sort? DAWKINS: That's unfair, Mr. Torrey. GRANT: You going to ask me that with Laura sitting over here? (Laughter.) HUNTER: If we -- We discussed this on the flight up from Atlanta. And if we do sign a contract with you, my view will be to refer the media to Council. And when we submit a final report to you, you can deal with that with the press as however you see fit as in compliance with the North Carolina law. TORREY: Thank you very kindly. I'm glad to meet you, too. Thank you both very kindly. DAWKINS: All right. Thank you, Mr. Torrey. Ms. Grant, Dr. Hunter we thank you. Let me go back to Mr. McBryde. MCBRYDE: Mr. Mayor, we're talking about saving money. I'd like to make a substitute motion. That we go with the Gallagher group. Excuse me, but I think it's Westfall-Gallagher and that we allow the business community to make -- to pay for that. I imagine if they stand up here and I ask them for their experience, they won't look the other way. They'll look me in the eye and tell me, or give me what I ask for. We really don't think that we -- I don't see how we can hire somebody that won't even talk to a Councilmember, they turn their head and look the other way. It's kind of silly. DAWKINS: All right. Mr. McBryde makes a substitute motion. Do I have a second? KENDRICK: I'll second it. DAWKINS: Mr. Kendrick. We can discuss a substitute. Is there any discussion on a substitute motion? BLACKWELL: Yes, Mr. Mayor. DAWKINS: Yes. Go ahead, Mayor Pro Tem Blackwell. BLACKWELL: Again, let me come back to why I came tonight. And I still am not sure -- We're talking about a contract that we've not agreed upon. And I don't know how I can support any change -- I don't know how I can support any motion at this point until we get down to why we're here. And that's to talk about a contract that needs to be executed with the blanks filled in. And we've got the hourly rate, we've got a 60-day time frame. I don't know what else we need. Do we need the -- COGSWELL: Cap. BLACKWELL: -- the cap? DAWKINS: Mr. Cogswell, do you want to stand at the mike in case we need you? COGSWELL: You need the cap, and you need to take that scope of services because there's been discussion of whether or not it's just going to involve the Police Department or the Police Department and the Manager's Department. And then you need to resolve that issue, too. BLACKWELL: Okay, I don't know Mr. Mayor, I... DAWKINS: All right. Okay. _________: Mr. Mayor -- DAWKINS: Thank you, Breeden. Let me go to Mr. Kendrick and Mr. Massey. KENDRICK: Good evening, Mr. Mayor. When all this first started, my saying at that time and it will continue to be the saying was the fact that we should allow EEOC to run its investigation of the Police Department. And if at that time any findings come forward, then the City of Fayetteville should conduct it's own investigation. I don't have any problem with an investigation, none whatsoever. I know that it was alluded to that somebody may be scared to have an investigation. I'm not. But I think there's a due process that continues and should be followed. The reason I made seconding the motion that Mr. McBryde made was the fact that the business community will make a stand to pay for the investigation, and the taxpayers won't, by a reputable firm. So I think that needs to be taken into consideration, folks. I'm not -- I don't have anything against our two presenters this evening. I don't know them. I have no idea. Nor do I actually know this other group. But I'm taking it on the word, from one our Interim City Manager, and for the fact that it's not going to directly cost the City of Fayetteville $60,000 or $70,000. That's what my main concern is. And that the investigation, if it has to be conducted, that at least it's not costing the taxpayers out of their tax dollars. That's why I'm seconding the motion, Mr. Mayor. DAWKINS: All right. KENDRICK: And I think that the Council at least should look at it in a favorable light, due to the fact that simply that if we're having an investigation or having one that's not going to cost the City of Fayetteville, the taxpayers any money. Thank you. DAWKINS: Thank you, Mr. Kendrick. I have five Councilmembers that want to speak. We'll go in this order: Massey, Smith, Blackwell, Cheek, and Ross. MASSEY: In deference to Councilman Blackwell's request to go with the lower figure, I would recommend that as it relates to the scope of service, we do not deal with the City Manager's Office, that we do narrow it specifically to the Police Department, and that we also place a cap not to exceed $50,000. DAWKINS: All right. Okay, thank you, Mr. Massey. Mr. Smith? KENDRICK OR MCBRYDE: Is that in a motion, Mr. Mayor, or a substitute? DAWKINS: Actually, technically we're on the substitute right now. MASSEY: Well, that was in direct response to Mr. Blackwell's observation. DAWKINS: Okay. All right. MASSEY: So I'm terribly sorry. I should have addressed specifically the substitute motion; and I will, if you don't mind, withhold comment on that at this time. DAWKINS: Okay. Thank you, Mr. Massey. Mr. Smith? SMITH: Thank you, Mr. Mayor. Mr. McBryde has asked for additional information from these two people who have come before us. We have no information and Roger, nothing against your memos, on the Westfall Group right now. I remember that we had some information on those folks. And so with that in mind -- And, of course, I, you know, I can appreciate what someone is saying as far as the business community paying for this, but we haven't had an investigation on the Westfall Group that we subjected these folks to. So I mean, why are we subjecting one group to one thing and the other group not to it? In a sense of fair play, I'm not ready to make a decision either that I want this thing to move forward. I'd like for us to get on the stick and get on with this instead of keep delaying, delaying, delaying. But in fairness to everybody concerned, it's not fair to choose another group that hasn't gone through the same thing these folks have. (Applause.) SMITH: So I won't support either motion. DAWKINS: All right, okay. _________: Didn't you explain that earlier? DAWKINS: Thank you, Mr. Smith. Let me go in this order Blackwell, Cheek, and Ross. BLACKWELL: Mr. Mayor and Council, I agree with Mr. Smith. I just tell you, I just have to say I'm not comfortable with anything we're doing right now. And I may be the only person that feels that way. I just am not comfortable with what we're doing. I think another thing I would say is that I -- I had a conversation at 2:00 today and I thought we had some kind of compromise worked out, and that we could have -- we can't deny that sides have been taken. I've said that before over and over; that both sides could have a party in the investigation. And again, Dr. Hunter, the only information I have is what's here. And your response about your opinion early, quite frankly troubles me. My concern was that, and I don't have a name, that again we have another party work with Ms. Grant. Just to be as frank as I can be about it. HUNTER: That you have no what? BLACKWELL: Another party to replace you to work with Ms. Grant. (Applause.) BLACKWELL: Now -- But evidently that's changed now, and nobody wrote it down. That was my hopes of coming here tonight; that if we got to this point, that there would be some consideration for the other side to have a party in with -- to work with Ms. Grant. And evidently, that's not going to work. And that's no stone thrown at you. It's based on the information I had here and your comment. And I would ask Council to consider that. HUNTER: My comments were based on materials provided by Mr. Stancil, sir. BLACKWELL: Thank you. So I don't know if there's a -- one more attempt to have a meeting ground here with everybody. If Mr. Smith's not comfortable... I don't know, Mr. Mayor. DAWKINS: All right. Thank you, sir. Let me go to Councilmembers Cheek, Ross, and Dempster. CHEEK: Okay. Mr. Mayor and Council, I think that other than just the decision to get more -- I think we need to get background information about clients in similar jobs from both, and I don't know if -- I had thought that Mr. Stancil had asked for that information, and our apologies if we had not done that. DAWKINS: Mr. Stancil, if you want to respond. STANCIL: When I sent the contract on Wednesday, the 19th, I sent a letter to Dr. Hunter and Ms. Grant, and in that letter I attached the contract and I asked for additional information, I asked for people that they had provided the same service for previously, I asked for methodologies that they might use in conducting this review, I asked for estimates of costs, and asked them to please call me with anything they wanted to discuss, any more information they needed, and offered to provide that on the -- and the -- you know, Ms. Grant did ask questions about the administrative support, and I responded to her immediately upon that letter from her that the City would provide whatever administrative support she needed in order to complete that process. So I asked that question in the letter I sent with the contract. CHEEK: All right. Thank you. Well, I'm sorry that we didn't get that information because it certainly would have been helpful. Again, I still am not comfortable with the scope of services as it's now written, particularly I've given -- Ms. Grant's explanation to me they just didn't really seem to match very closely and I'd like to see a closer match and more specific with whichever people we choose. I just don't think we -- Again, we don't know anything about cost yet either. And we do know that under these conditions, under the prior motion, it would be substantial costs and I think we should have a better feel for that. Thank you. DAWKINS: All right. Thank you. Let's go to Councilmembers Ross and Dempster. ROSS: Mr. Mayor -- DAWKINS: Yes. ROSS: -- and City Council people, I'd like to reminisce over a question. Just suppose these Police Officers weren't African-American. Would we have all this discussion? Would we keep going through the same thing over and over and over. Just suppose that -- Is it that their worth is not -- wouldn't be a factor that you would have to keep right on hammering over the same situation. Is that the thing? Is that the problem? Because they're three and you're not worth too much, you know, because you're African-American, like me. So we don't rate much. __________: Mr. Mayor -- DAWKINS: All right, Ms. Ross -- ROSS: We do rate a lot of discussion. I have to say this, Mr. Mayor, because this is in my heart. DAWKINS: All right. Okay. Well this substitute -- ROSS: Now, what I want to say now -- DAWKINS: In other words we're discussing the substitute motion. ROSS: Substitute motion? DAWKINS: Right, which is to hire this firm which the private sector would pay for. ROSS: Oh, well then, I'll just hold it. DAWKINS: All right. Okay. ROSS: Thank you, Mr. Mayor. DAWKINS: Thank you, Ms. Ross. ROSS: You're welcome. DAWKINS: And Mr. Dempster? DEMPSTER: Thank you, Mr. Mayor and Council. I'd like to go ahead and vote on Milo's substitute motion, and then if I can and if it doesn't pass, I'd like to make a friendly amendment to Ms. Ross's motion. DAWKINS: Okay. DEMPSTER: ... Can I go first if this doesn't pass? DAWKINS: Yes, you may, so now we will -- I think we have had discussion on substitutes, so I'll ask for your vote on the substitutes. __________: ... The question was not called, I don't believe. DEMPSTER: I called the question. DAWKINS: All right. _________: It takes a two-thirds -- But I wanted to split it. _________: Are we voting on -- are we voting on. DAWKINS: All right, let's -- The question was called. so at this time -- because I think we have qualified for the question, so right now -- _________: Mr. Mayor. DAWKINS: Yes. _________: Are we going to get some information on the group that Mr. McBryde asked for? _________: That's what I wanted to address, Mr. Mayor. _________: Oh, I'm sorry. _________: If it's ... call it. DAWKINS: All right, Mr. Cogswell. We've got to vote on the question. All right, and how many votes? _________: Six. DAWKINS: If six people vote for this, the discussion stops and we vote on the substitute motion. So the question has been called for, so now if you wish to stop discussion on the substitute motion, of course, you would vote in favor. Naturally, if you wish to discuss the substitute motion more, you'll vote against. TORREY: Say that again, Mr. Mayor. DAWKINS: All right. If you wish to discontinue, Mr. Torrey, discussion on the substitute, which is Mr. McBryde's motion to hire the firm which the business community basically said they would pay for, then if you wish to quit talking about that motion, you'd vote yes. If you want to continue discussion on the substitute motion, Mr. Torrey, then you'll vote against it. __________: Let's just see -- __________: And how many negative -- (Several people talking. Inaudible.) DAWKINS: Well, we can't have any discussion. I can't give you a clarification like that, so, okay, so I'll ask for your vote to call the question. Okay? I'll ask for your vote on that. This is to call the question. (The call for the question was defeated by a vote of five to four.) DAWKINS: All right. The vote to call the question is five to four, Ross, Massey, Dempster, Smith, and Torrey in favor. Cheek, Blackwell, McBryde, and Kendrick in opposition. So that fails, Mr. Cogswell -- (END OF TAPE 1-B.) (BEGIN TAPE 2-A.) DAWKINS: ... and discuss the substitute motion. Mr. McBryde? MCBRYDE: Mr. Mayor, I want to address Mr. Smith's comments earlier about not having the information or subjecting this company to the same scrutiny as we had Mr. Hunter and Ms. Grant. Roger, I believe you told us earlier in the meeting you did not do that because we didn't tell you to go out and investigate them. If we decided to give you the opportunity to see these people about whether they'd come down here, you would do the same thing, I assume; is that not right? STANCIL: Conduct the same kind of investigation. DAWKINS: Mr. Stancil, if you will -- MCBRYDE: We do that in all cases when we're getting ready to deal with somebody on this type item; right? STANCIL: Yes, we would conduct the same kind of investigation. MCBRYDE: So the only reason it wasn't done is because we had not directed you to -- STANCIL: All I had done -- All I did -- MCBRYDE: -- to contract for it? STANCIL: -- in my memo was propose that as an option, and so I didn't -- MCBRYDE: All right. STANCIL: -- proceed with any kind of investigation. MCBRYDE: Okay. That was all I wanted to say, Mr. Mayor. DAWKINS: All right. Okay, so we now have the substitute motion, of course, which is to follow recommendation -- or Mr. McBryde moved that we hire this firm and the business community would pay for it as stated by Ms. Allan. __________: Mr. Mayor? DAWKINS: Yes. ?BLACKWELL: In response, again, what's the time line on getting the background information. I mean, I do have to agree with Mr. Smith that fair is fair in my mind, and I think Mr. McBryde is agreeing with that. My point is that if we -- then I don't know if the motion's clear, Mr. Mayor, because if we're voting on the Westfall Group -- DAWKINS: All right, let -- ?BLACKWELL: -- without having the background information. Are we -- I would rather see a motion, if that's the case that we're going to do, is to authorize the Manager to get us the information and then make the decision about the thing. ?MCBRYDE: I don't mind rewording it to say that, Mr. Mayor. __________: I just -- DAWKINS: I was going to -- __________: I'm sorry. DAWKINS: No, let me -- did you have any comment about what Mayor Pro Tem was saying about time or... STANCIL: Well, the last -- the information gathering review on Dr. Hunter and Ms. Grant was approximately two or three days, I think that it took to do that. We could gather information -- we can gather whatever kind of information you like and however you like it. DAWKINS: Okay. _________: I just want to be sure in my mind that again, Roger, we've been fair. And I'm not going to tell you how to gather the information because that's your job. But again if we've done it to one party, we ought to do it to everybody. Get us the information. But again, Mr. Mayor, I don't know how we can make a decision to hire anybody if we don't have the same type of information to pass scrutiny as the other group has had to pass scrutiny. __________: I would have said that as a friendly amendment, Mr. Mayor. DAWKINS: He had stated -- and he would accept that as a friendly amendment. And Mr. Kendrick, I guess -- Let me go to Mr. Smith. SMITH: Thank you, Mr. Mayor. If we're going to do this to select another group, I thought we had a motion a few meetings ago that we were going to contract with Dr. Hunter and Ms. Grant. Will we not have to have a motion to reconsider that? DAWKINS: Mr. Cogswell? COGSWELL: You've made a substitute motion. SMITH: No, I'm saying a few meetings ago. COGSWELL: I know. SMITH: Just Council. COGSWELL: I don't see that as what's happening here. I just see him making a substitute motion to go with a different group. SMITH: But is that in not in direct opposition to what a Council action a few meetings ago did? _________: That's why it has to be a substitute. _________: Yes. (Murmurs.) COGSWELL: I'll have to go back and read that motion. Were the names in it? I can't remember. SMITH: Yes, sir, I'm pretty sure the names were -- I don't have any -- COGSWELL: Here is it. Let me see. Do you want to authorize us to investigate the other group without making it a contract, you can do that. But I think that's what I heard Mr. McBryde say. He's not -- I think he's changing his motion. _________: Okay, he's changing -- COGSWELL: To not contract with them, but bring information back on them. So you can make a choice. You have to obviously reconsider the other guy out of that bailiwick. SMITH: Thank you, Mr. Cogswell. DAWKINS: ... Mr. Smith. Mr. Kendrick? KENDRICK: Thank you, Mr. Mayor. But we've already gotten cost figures from this group. Why don't we just do a background investigation? We wouldn't need the cost figures since somebody else is paying for it; correct? STANCIL: My assumption would be if you ask me to do what I understand that motion to do would be the same -- to do the same thing we've done with Dr. Hunter and Ms. Grant. That is, to conduct a background investigation; and since we have information on costs and time from them, we would obtain that information and give you both sets of information. KENDRICK: So when that would be brought back to us, would it at that point be a time for a vote, up or down, one or the other? I mean, is that what it's sounding like to you, Roger? STANCIL: I mean that would be up to you. I would provide you the information, and then you could decide what you wanted to do. (Laughter.) KENDRICK: Well, Mr. Mayor, I think that's -- you know, I think that's an important part. I know we've got some anxious members on Council to get an investigation started. So I think the -- that that would need to be addressed if the substitute motion passes. DAWKINS: Okay, so that's basically your motion. They would come back to the next meeting? KENDRICK: Yes, sir. Thank you, Mr. Mayor. (Murmurs.) DAWKINS: All right. Okay, so the substitute would be in a nutshell to bring it back at our next meeting, the background information and hope for any action. All right. I'll ask for your vote on the substitute motion. All right. Is to come with that firm that has been mentioned earlier, do the background, come back to this Council with that information, the one that the business community is talking about paying for to do the background. That's basically it, isn't it? Mr. McBryde? MCBRYDE: Yes, sir. DAWKINS: Okay. So I'll ask for your vote on -- this is the substitute motion. All right. All right. This is to send it to administration to do -- which Mr. Stancil stated could probably be done in three or four days or whatever, so at our next meeting which is I believe is the 17th, he would then present everything he has on that and then, of course, the business community had stated they'd pay for it. But he'd have the facts and figures on that background roughly what it would cost. (The vote on the substitute motion failed with the vote being five to four.) DAWKINS: Okay. So the vote is five opposed, Ross, Massey, Dempster, Smith, and Torrey. In opposition Cheek, Blackwell, McBryde, and Kendrick. So the substitute fails. We'll go back to Mr. Dempster wanted to speak on the original motion. DEMPSTER: Thank you, Mr. Mayor and Council. I can appreciate where Councilperson Smith is coming from on this. I know he wants a fair investigation and I believe these two people here can give it to us. Now what I'd like to do -- (Applause.) DEMPSTER: -- is I would like to make a friendly amendment -- DAWKINS: Right. DEMPSTER: -- to Councilmember's -- DAWKINS: Ms. Ross -- DEMPSTER: -- Ross' motion -- DAWKINS: Massey seconded it. DEMPSTER: -- that we put a cap on this of $50,000 period. Now we've already reduced the scope down to the personnel practices and policies and procedures of the Police Department. I think that we can probably work within those boundaries. We need to move on with this thing. It's been nine weeks, nine weeks since the original motion was made. It's polarized this City, we need to move down the road with this, as I've said many a time. And I just think that any more stalling or delaying or what have you is not going to do anybody any good. It's only going to make matters worse. And we need to get this thing behind us. So, hopefully, Councilperson Smith will see that and we can just go ahead with something. DAWKINS: All right. DEMPSTER: If she'll accept that -- ROSS: I'll accept that -- DAWKINS: All right, Mr. Massey. Okay. Let me go to Mr. McBryde. Councilmembers McBryde and Cheek. Thank you Mr. Dempster. MCBRYDE: Mr. Mayor, I just wish we could go back two hours to when Mr. Blackwell said this is a done deal, let's vote and leave. Because I wish we could have voted and left two hours ago. Obviously it was a done deal. DAWKINS: All right. We want to go to Councilmembers Cheek, Blackwell, and Smith. Thank you, Mr. McBryde. CHEEK: Thank you, Mr. Mayor. We still don't have the information about clients and appropriate similar jobs that these folks have done. And we had asked for it and hadn't gotten it yet, and I don't understand -- I can understand -- I do understand that Mr. Dempster is in a hurry. But I think that when we're doing something this important that we need to -- (Applause.) CHEEK: -- I'm sorry if that was taken in a way that was flippant. I didn't mean it that way, but I do mean that we -- I think we need to be careful. We're talking about our City and our creditability and I don't think that anyone who is concerned with care, or for our City's welfare, needs to be accused of trying to stall things. And I don't think we need to rush through something because it's uncomfortable. I -- none of us likes this discomfort. I think we all want to get to something that the entire community feels like its handled as up- front and as reputably as we possibly can. And I'm just real concerned about not having that entire community creditability now. Also I'd like to ask Mr. Cogswell if we have the liberty -- DAWKINS: Mr. Cogswell? CHEEK: -- to amend the amount of money since that was passed before? _________: Yeah. _________: Yeah. COGSWELL: Yes. ?MCBRYDE: The contract negotiation can do it. __________: Yeah. COGSWELL: We've been saying all along that that probably would change. ?DAWKINS: What Councilmember Cheek was stating originally, we'd put in a figure, I think, of $10,000 and Mr. Cogswell says that can be changed. CHEEK: No, that wasn't in the motion that was passed. There was no it could probably be changed. It was a flat fee of $10,000. I'm just asking for the parliamentary ruling on that and the explanation. COGSWELL: You can -- it's a contract, so -- that's one of your exceptions to that reconsideration. So you can change that as part of this process. CHEEK: So we can change anything about a contract that's being negotiated and a motion that has to do with it? COGSWELL: Yes. CHEEK: Including the parties we're contracting with? COGSWELL: Yes. CHEEK: Okay, thank you. DAWKINS: All right. Thank you. And, of course, this does have a $50,000 cap. _________: Right. CHEEK: Well, tonight. DAWKINS: Tonight. Okay. (Laughter.) DAWKINS: All right. Okay, we're going next to Councilmembers Blackwell and Smith. BLACKWELL: Thank you, Mr. Mayor. _________: Yes, sir. BLACKWELL: I just ask one more time to do this. (Laughter, murmurs.) ROSS: Good Lord. BLACKWELL: And Mr. Dempster had a problem. We were having a little conversation here about a recommendation I would have for a person and I promised him I would not submit that person's name if that was the problem he was having. And I make the same offer to anybody else. I'm asking, and I don't even have a name now, but I could have a name by Friday to work with Ms. Grant. DAWKINS: All right. All right. Thank you very much. Let's go to Mr. Smith. SMITH: Thank you, Mr. Mayor. We owe it to ourselves up here as Councilpeople, the investigators or whoever that may be, the citizens of our great City, the officers that raised these concerns, and our Police Department for us to have a investigation into this situation, or it looked at where people aren't constantly questioning our motives. I heard that our State Legislature made a call for calm, let cooler heads prevail. And while I guess most of us don't always agree with Legislature, for once I think that maybe we need to think about this thing. Mr. McBryde has asked for some references on these folks to be fair to them because some awful damaging stuff was brought out. And as I said earlier, with that thought I'm not ready to support either motion to hire the Westfall Group or to subject these people to these sorts of things. Because we haven't heard from them whether they could do what we want done for $50,000 or not. We still got some questions out there. Their integrity, like it or not, has been questioned, and I think they have -- should have every opportunity to answer that. I think that they went a long way tonight in answering some of that. What I'd like to see us do as a Council, and I'm not for stalling this and I've got some colleagues up here that are going to be so angry with me when this is all over with, probably with both sides -- the other four with me and the other four are going to be so mad with me they can't stand it. ROSS: I ain't going to be made with you. SMITH: But I'd like to call for us to have two weeks which is the 24th meeting. All of y'all that are going to Washington will be gone. And let's have some peace and harmony just for a little while. ROSS: We ain't never had that. SMITH: Let's don't barb at each other. Don't get after each other. Just let cooler heads prevail. Let these folks send us the information we've requested. Let's get the information on the Westfall Group, and then let this Council come back together and make an intelligent decision. ________: Easy for... SMITH: And that's where I'd like to be. Because no one wants this thing to go forward any more than I do, but I want us to know that we have a creditable -- as Dr. Hunter and Ms. Grant both alluded to, we need this to be fair. And we need folks to have that perception that we have been fair. I don't know that any -- that that can happen necessarily. But I'm saying maybe in two weeks, once we get the information, we'll be ready to make that decision. And that's where I'm at Mr. Mayor. And fellow Councilmembers I'd ask you to consider that. (Applause.) DAWKINS: Thank you, Mr. Smith. ________: Mr. Mayor. ________: Mr. Mayor. DAWKINS: Yes, we -- well, let me go in order. We go in the order. We have -- thank you Mr. Smith. We have Kendrick, Ross, Massey, McBryde. Mr. Kendrick? KENDRICK: My question is, is that a motion or are we allowed to have a motion at this point? _________: We had a substitute shot down. Can we make a -- __________: Can we make a... _________: There is a... DAWKINS: We do have just one motion on the floor, Mr. Cogswell, so I guess we can. SMITH: Then I would make that as a motion that we do that. A substitute motion. KENDRICK: Second. (Laughter.) DAWKINS: Okay. Mr. Smith makes that as a substitute motion. So you're talking no later than the 24th? SMITH: The 24th, that's two weeks from tonight. DAWKINS: Mr. Kendrick you seconded that. KENDRICK: Thank you, sir. _________: Well, it's actually longer than two weeks. DAWKINS: All right, that's the substitute motion. MASSEY: Mr. Mayor -- DAWKINS: Well, let me follow, Mr. Massey, the order, which is Ms. Ross and then you. MASSEY: Okay. DAWKINS: Ms. Ross? ROSS: I just wanted you all to know that there's a tornado out there. It's going to cost you more money than what you're talking about. DAWKINS: All right. ROSS: ... you might try. DAWKINS: All right. Thank you, Ms. Ross. Mr. Massey? MASSEY: Mr. Mayor, I fully appreciate the spirit in which Mr. Smith made that motion. And I would ask that he consider a friendly amendment, that the costs that have already been deferred both by Ms. Grant and Dr. Hunter be taken care of or be deferred by the City for their trip down here, this particular trip, and that when we make our decision two week's hence. _________: There's no problem with that. You can't expect them -- MASSEY: Would you accept that as a friendly? _________: We brought them down here -- DAWKINS: Run that by one more -- I was kind of looking at the dates, Mr. Massey, I'm sorry. _________: Reimburse them for their travel and time. SMITH: I don't have any problem with it. I don't have any problem with that at all. __________: I would -- SMITH: Mr. Mayor, I might have said the 24th. Does anybody here have a problem with the 17th? Because that's our regular meeting, instead of the information meeting. (Inaudible.) __________: And Mr. Stancil can... SMITH: Well, I'm just asking because if anybody has a problem, I'll wait until the 24th. But the 17th would be the regular meeting. __________: Is that enough time? __________: Is that enough time, Roger? __________: I would think that information would be better -- __________: Is that enough time for you folks to get the references to us that we've asked for? DAWKINS: All right, so this will be our next regular meeting, the 17th? And you took Mr. Massey's friendly amendment, Jim? SMITH: Yes, sir. DAWKINS: Okay. All right, so the friendly amendment was accepted, Mr. Massey. MASSEY: Thank you. DAWKINS: And this would be the 17th, our next regular meeting in ten days. Let me go next to -- let me see, Mr. McBryde and Mr. Dempster. MCBRYDE: Mr. Mayor, I was going to pass on this. Ms. Ross said there was a tornado and it was going to cost more because of me. I don't know why. ROSS: ... on the schedule for you. DAWKINS: Okay. Mr. Dempster and Mr. Torrey? DEMPSTER: Okay, I'm going to support Councilperson Smith's motion. I just want to know what I can do with the substitute so we can just go ahead and wait until the 17th. So do I need to amend or whatever the one -- the friendly amendment that I -- ___________: That was the original. That was the original. So -- (Inaudible.) __________: I want to make sure that I understand where we are. DAWKINS: He's changed it to the 17th. COGSWELL: The original motion was -- this contract with Dr. Hunter and Ms. Grant. The substitute on the floor is what now? SMITH: My substitute was for us to kind of have a calming, cooling-off period until the 17th. And let these folks get us the additional information we've asked for, let us get the investigation or whatever else we need on the Westfall Group, look... COGSWELL: Is that all part of your substitute? SMITH: Yes, sir. _________: ... to get all the information in, and we go at it from there. _________: ... friendly amendment, Bob's friendly amendment. DAWKINS: And then take care of -- __________: ... and we can cover the expenses of these folks coming down. DAWKINS: Okay, let me go back to Mr. Dempster. Did you have anything, Chris? _________: -- leave it as is, we're squared away. We'll vote for the substitute. DAWKINS: Chris, did you have anything? DEMPSTER: No, that was the only thing. ROSS: Mr. Mayor, what happened to my motion? _________: It's still there. DAWKINS: I didn't -- well, it's still there. It's there on the floor is the original motion. ROSS: Oh. DAWKINS: Yeah, it's still there, Ms. Ross. ROSS: Thank you. Merci beaucoup. DAWKINS: Mr. Torrey? TORREY: Now, Mr. Smith I understand that you are not folding, you're holding? SMITH: I'm holding. TORREY: You're not going to walk away? SMITH: Not going to walk away. TORREY: I'll support your motion. SMITH: Thank you, Mr. Torrey. (Laughter.) DAWKINS: Thank you, Mr. Torrey. Mr. Torrey and Kenny Rogers he's folded and holding. Thank you, Mr. Torrey. Okay, well I think we understand -- one other comment because I'm sure everyone in this room and everyone cares an awful lot for our City. There are some folks in this room and others that are -- Mr. Smith is working on some things that I think will help us beam up the big picture and we'll hear from that probably in a few days. And there are a lot of people that are caring, so we'll be hearing more from that. I'm going to ask to vote on the motion of Mr. Smith, seconded by Mr. Kendrick. And this would be on the 17th, ten days from tonight, basically we, Mr. Smith, that we'd take action? SMITH: Yes, sir, Mr. Mayor. __________: Ask for an adjournment. DAWKINS: Let me have one more vote. One more -- ROSS: Just trying to find out what happened to my -- DAWKINS: Where's your light, Ms. -- (The motion carried by unanimous vote of 9 to 0.) DAWKINS: all right, this is a nine to nothing vote. Let's go forward from here. (Applause.) _________: Mr. Mayor, may I speak to that? DAWKINS: Yes, you may, and then I'll... Mr. Smith? SMITH: Ms. Ross I appreciate that vote there. I was kind of worried. And citizens we appreciate your support, and you working with us on this. Thank you so much, Mayor, and members of Council. (Several individuals talking, inaudible.) __________: ... wants to say something. BLACKWELL: Mr. Mayor, I'm a little confused about what you said a minute ago. Is there any way you can -- _________: Clarify that? BLACKWELL: -- you said there's some things coming about that we'll all know about and I didn't know if you had some information you could share with us that -- I mean, is someone going to come with some ideas that we need to hear? DAWKINS: Well, I think -- BLACKWELL: Because I don't -- I'm not really aware of anything, but I'd love to know about it if you're able to reveal it. DAWKINS: Well, there are some things in the work by folks throughout this City and Breeden, there's more of a bigger picture than even just this that's hoping to come together through people with the City and outside of the City. But they are working on that as I understand it. BLACKWELL: I mean is it a -- okay. DAWKINS: Yeah, that's -- in fact, we shouldn't -- it's some group that is working that hopefully will hear some positive things. Well, that was a unanimous vote. Mr. Kendrick moves to adjourn, seconded by Mr. Dempster. All in favor say Aye. SEVERAL VOICES: Aye. DAWKINS: Thank you. (The motion carried and the meeting was adjourned.) REGULAR MEETING MARCH 17, 1997 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MARCH 17, 1997 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present Roger L. Stancil, Interim City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Kai Nelson, Finance Director Ron Hansen, Chief of Police Pete Piner, Fire Chief Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The following Invocation was offered by Rabbi Yosef Levanon, Beth Israel Congregation Community Center: Eternal God, through whose spirit and love we learn to become more human, help us gain the insight to know what is the good and the true. We, who have been brought into Thy service need to strengthen our hearts in these days of tension and perplexity. Inspire us to release those reservoirs of spirit and mind which can make us truly partners with Thee in the work of justice and peace. Grant us patience and hopefulness in our daily tasks. Give us love for truth above cleverness, for people above things. Awaken in us a desire to find Thee so that we may find ourselves, and in finding ourselves, to make the noblest use of mind and body throughout our years. Grant us new ties of friendship, new opportunities of service for humanity, joy in the growth of children, sympathy with men and women of all creeds and races who are in need of care and affection. Keep us from pride and outgrown ways, from blindness that will not see the need for change, and from impatient judgments toward those who differ from us. We thank Thee for granting us the sacred privilege of participating in this assembly. We are grateful that in our time, we can witness a world that we can help develop, a world of peace, love and understanding. Inspire all who lead and serve to conduct their affairs faithfully and with devotion to justice. May peace, happiness and prosperity, right and freedom abide among us. Unite the inhabitants of our City, of all backgrounds and creeds, to banish hatred and bigotry, to safeguard our noblest ideals, and to preserve the institutions which nurture liberty. Make us instruments - so that even in our time, "nations, east and west, north and south" - "may rejoice and sing for joy," in peace and brotherhood, because we have chosen to be your partners in building a better world. Mayor Dawkins led in the Pledge of Allegiance to the American Flag. Councilmember McBryde moved to excuse Mayor Pro Tem Blackwell from the March 24, 1997, and April 21, 1997, meetings, seconded by Councilmember Kendrick and carried unanimously by a vote of 9 to 0. RECOGNITION: CHARACTER EDUCATION CONCEPT FOR MARCH, 1997: FAIRNESS 1. APPROVAL OF AGENDA City Attorney Robert Cogswell requested to change the word "resolution" to the word "ordinance" in Item 2.B. He also requested to add as Item 2.P, consideration of a resolution to amend resolution R1997-017 adopted on March 3, 1997, to the consent agenda. Mayor Pro Tem Blackwell requested to move Item 8 to Item 4.A, seconded by Councilmember Cheek and carried unanimously 9 to 0. Councilmember McBryde moved to approve the agenda with the corrections to Item 2.B, the addition of Item 2.P, and the change of moving Item 8 to Item 4.A. The motion was approved unanimously by a vote of 9 to 0. 2. CONSENT: Councilmember Cheek requested to pull Item 2.B for discussion. Councilmember Cheek moved to approve the consent agenda except for Item 2.B, seconded by Councilmember Smith and carried unanimously 9 to 0. A. Adopt resolution authorizing condemnation of Parcel N-2 of Haywood Street for paving. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1997-018. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. B. (Pulled for discussion) C. (P97-1F) Approve the initial zoning to M2 Industrial District or to a more restrictive zoning classification for an area located south of Belt Boulevard and east of Old Wilmington Road. Containing 10.90 acres more or less and being the property of Gypsum Management and Supply, Inc., as evidenced by map and legal description furnished by the City of Fayetteville, being all of Annexation Ordinance Number 96-12-415, and being annexed by the City of Fayetteville effective December 16, 1996. D. (P97-2F) Approve the initial zoning to R10 Residential District or to a more restrictive zoning classification for a portion of the area located east of Caveson Court known as Greystone Farms, Section Three. Containing 35.47 acres more or less and being the property of Broadwell-Weber Investments, and Broadwell Land Company and Applewood Builders, Inc., as evidenced by map and legal description furnished by the City of Fayetteville, being all of Annexation Ordinance Number 97-1-416, and being annexed by the City of Fayetteville effective January 6, 1997. E. (P97-6F) Approve the initial zoning to C1P Shopping Center District or to a more restrictive zoning classification for an area located south of Raeford Road across from the Bunce Road Intersection. Containing 1.65 acres more or less and being the property of Stewart Oldsmobile, Inc., as evidenced by map and legal description furnished by the City of Fayetteville, being all of Annexation Ordinance Number 97-1-417, and being annexed by the City of Fayetteville effective January 21, 1997. F. (P97-7F) Approve the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located west of Ramsey Street and north of Andrews Commons Shopping Center known as Fairfield Farms, Section Two. Containing 38.21 acres more or less and being the property of Brolanco Corp as evidenced by map and legal description furnished by the City of Fayetteville, being all of Annexation Ordinance Number 97-1-418, and being annexed by the City of Fayetteville effective January 21, 1997. G. (P97-8F) Approval of the rezoning from R5 Residential District to M2 Industrial District or to a more restrictive zoning classification for an area located south of Guthrie Street between Holt Williamson and McDuffie Street. Containing 2.81 acres more or less and being the property of Thomas R. McLean as evidenced by deed recorded in Deed Book 1132, Page 533, Cumberland County Registry H. Approve drug and alcohol testing report to Federal Transportation Administration and authorize the Personnel Director to certify FTA compliance for 1996. I. Approve reconveyance of Sutton Street right-of-way. J. Approve request from The Fayetteville Dogwood Festival for waiver of permit fees for each tent/canopy used during Dogwood Festival. K. Approve bid award for purchase of one 31,000 pound GVW Cab and Chassis to Patrick Ford, low bidder, in the amount of $36,888.25. (PWC) The following bids were received: Patrick Ford (Fayetteville, NC) $36,888.25 LaFayette Ford (Fayetteville, NC) $38,082.00 Smith International (Fayetteville, NC) $41,300.00 L. Approve bid award for construction of the Filter Rehabilitation at the P.O. Hoffer Water Treatment Facility to Crain and Denbo, Inc., low bidder, in the amount of $229,388.00.(PWC) The following bids were received: Crain and Denbo, Inc. (Durham, NC) $229,388.00 Kemp Construction, Inc. $280,460.00 Crowder Construction Co. $289,100.00 State Utility Contractors, Inc. $299,880.00 T. A. Loving Co. $315,700.00 M. Approve bid award for purchase of three (3) additional 2500KVA Padmounted Transformers to Scott-Parish Electrical Supply in the amount of $61,086.48. (Approval by Commission on April 24, 1996, provided for option to purchase additional quantities within a twelve-month period.) (PWC) N. Approve bid award for purchase of three (3) additional 1500KVA Padmounted Transformers to Westinghouse Electric Supply Company in the amount of $39,924.00. (Approval by Commission on January 8, 1997, provided for option to purchase additional quantities within a twelve-month period.) (PWC) O. Approve the following financial ordinances: 1. Adopt Special Revenue Fund Project Ordinance Partial Close-out CLO-97-7 (CDBG Year 16). This project ordinance was initially established in fiscal year 1989-90 to account for various HUD-CDBG expenditures. The partial close-out reflects expenditures incurred for Vanstory Phase II, Women's Center rehabilitation, Senior Center, Orange Street School restoration and various rental rehabilitation projects. The expenditures and revenues associated with this program have been audited by Cherry, Bekaert & Holland and are recommended for closure. 2. Adopt Special Revenue Fund Project Ordinance Close-out CLO-97-8 (CDBG Year 17). This project ordinance was initially established in fiscal year 1991-92 to account for various HUD-CDBG expenditures. The project was partially closed out previously. The remaining item is a $12 expenditure for the Women's Center rehabilitation project. The expenditures and revenues associated with this program have been audited by Cherry, Bekaert & Holland and are recommended for closure. 3. Adopt Special Revenue Fund Project Ordinance Close-out CLO-97-9 (CDBG Year 18). This project ordinance was initially established in fiscal year 1992-93 to account for various HUD-CDBG expenditures. The close-out reflects expenditures incurred for program administration, Women's Center rehabilitation, Senior Center, University Estates, Fayetteville Urban Ministry's emergency home repair program, Deep Creek Road and the Special Population Center. The expenditures and revenues associated with this program have been audited by Cherry, Bekaert & Holland and are recommended for closure. 4. Adopt Special Revenue Fund Project Ordinance Partial Close-out CLO-97-10 (CDBG Year 19). This project ordinance was initially established in fiscal year 1993-94 to account for various HUD-CDBG expenditures. The partial close-out reflects expenditures incurred for project administration, University Estates, Fayetteville Urban Ministry's emergency home repair program, Deep Creek Road, Lynn Avenue, Westarea, Seabrook Park and the low interest loan program. The expenditures and revenues associated with this program have been audited by Cherry, Bekaert & Holland and are recommended for closure. 5. Adopt Special Revenue Fund Project Ordinance Partial Close-out CLO-97-11 (CDBG Year 20). This project ordinance was initially established in fiscal year 1994-95 to account for various HUD-CDBG expenditures. The partial close-out reflects expenditures incurred for project administration, Fayetteville Urban Ministry's emergency home repair program, Senior Citizens, University Estates, Deep Creek Road, Lynn Avenue, Westarea, Shadbush Street construction and Buxton Boulevard drainage. The expenditures and revenues associated with this program have been audited by Cherry, Bekaert & Holland and are recommended for closure. 6. Adopt Special Revenue Fund Project Ordinance Partial Close-out CLO-97-12 (CDBG Year 21). This project ordinance was initially established in fiscal year 1995-96 to account for various HUD-CDBG expenditures. The partial close-out reflects expenditures incurred for project administration, Fayetteville Urban Ministry's emergency home repair program, Orange Street School restoration, Homeless Shelter and city-wide rehabilitation. The expenditures and revenues associated with this program have been audited by Cherry, Bekaert & Holland and are recommended for closure. P. Consideration of a resolution to amend resolution R1997-017 adopted on March 3, 1997. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING RESOLUTION R1997-017 ADOPTED ON MARCH 3, 1997. RESOLUTION NO. R1997-019. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. 2. B Adopt resolution amending Section 26-5, Poles and wire permit to place, of the Code of Ordinances of the City of Fayetteville. (Same conditions of permit shall apply to portable basketball goals as to permanently erected goals.) Councilmember Cheek inquired about the need for regulating basketball goals. She stated it was her opinion public input should be given on this issue. Councilmember Cheek moved to send this item back to staff for more information, seconded by Councilmember Smith and carried unanimously 9 to 0. 3. PUBLIC HEARINGS: A. (P97-4F) Consideration of the rezoning from R6 Residential District to C1A Area Commercial District or to a more restrictive zoning classification for an area located at 2933 Breezewood Avenue. Containing .30 acres more or less and being the property of Roger S. and Henrietta B. Staver as evidenced by deed recorded in Deed Book 3956, Page 526, Cumberland County Registry. Assistant City Manager Jimmy Teal presented this item. This is the advertised public hearing set for this date and time. The public hearing opened at 7:22 p.m. Appearing in favor of the rezoning was: Larry Clubine, 1103 Southern Avenue, Fayetteville, NC; Richard Fox, 1122 Marlborough Road, Fayetteville, NC; Henrietta Staver, 2933 Breezewood Avenue, Fayetteville, NC; Kathy Person Bond, 1916 Aspen Circle, Fayetteville, NC; Brenda Leggett, 309 Wareham Court, Fayetteville, NC. There was no one present to speak in opposition and the public hearing closed at 7:31 p.m. Discussion was held regarding the current and future zoning of this area. Councilmember Dempster moved to allow C1A zoning to take place, seconded by Councilmember Ross. Councilmember Kendrick made a substitute motion to send the item back to the Planning Department for staff review and a report in 60 days, seconded by Councilmember Smith. Mayor Dawkins called for the vote and the substitute motion carried 5 to 4 with Councilmembers Dempster, Ross, Massey, and Torrey in opposition. B. (P97-5F) Consideration of the rezoning from P2 Professional District to C1 Local Business District or to a more restrictive zoning classification for an area located at 104 Willborough Avenue. Containing .13 acres more or less and being the property of J.T. Squires as evidenced by deed recorded in Deed Book 4273, Page 672, Cumberland County Registry. Assistant City Manager Jimmy Teal presented this item. This is the advertised public hearing set for this date and time. The public hearing opened at 7:48 p.m. Appearing in favor was Mr. William E. Clark, Attorney for Mr. J. T. Squires, owner of the property. There was no one present to speak in opposition and the public hearing closed at 7:52 p.m. Councilmember Smith moved to deny the rezoning, seconded by Councilmember Dempster and carried by a vote of 8 to 1 with Councilmember Ross in opposition. C. (P97-13F) Consideration of revisions and amendments to the City of Fayetteville Code of Ordinances. A summary of the change follows: Section 32-57(16) to create a new section to allow shared parking when churches or movie theaters are on the same parcel with another use, or if a parking agreement with abutting businesses has been reached, if they do not occur on the same parcel. Assistant City Manager Jimmy Teal presented this item. This is the advertised public hearing set for this date and time. The public hearing opened at 7:58 p.m. Mr. Lonnie M. Player, Tri-Player Investments, 341 Summertime Road, Fayetteville, NC, appeared in favor of the rezoning. There was no one else to speak either in favor or opposition the public hearing closed at 8:01 p.m. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 32, ZONING, SECTIONS 32-57 OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1997-007. Councilmember Kendrick moved to adopt the ordinance, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1997. D. Consideration of adoption of resolution authorizing the closing of a portion of Cunningham Street. Assistant City Manager Jimmy Teal presented this item. He stated the property in question is a right-of-way and is not being used as a street. He also stated the City will keep an all-purpose easement on the property. This is the advertised public hearing set for this date and time. The public hearing opened at 8:02 p.m. Mr. Stuart Clarke, Attorney for Brookhollow Development L.L.C., 1014 Hay Street, Fayetteville, NC, appeared in favor of the rezoning. There was no one appearing in opposition. The public hearing closed at 8:04 p.m. RESOLUTION AND ORDER CLOSING A PORTION OF CUNNINGHAM STREET. RESOLUTION NO. R1997-020. Councilmember McBryde moved to adopt the resolution, seconded by Councilmember Cheek and carried unanimously by a vote of 9 to 0. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. 4. A. Consideration of contract with investigators. (Dr. Ronald Hunter, Ms. Cheryl Grant, and/or Gallagher-Westfall Group, Inc.) Councilmember Cheek expressed her concern that the Council do this investigation the right way and at the same time maintain their credibility with the community. She requested a status report from Mr. Stancil on the requested information from Dr. Hunter, Ms. Grant, and Gallagher-Westfall Group, Inc. Mr. Stancil gave the updated information. Councilmember Cheek asked Mr. Patrick Gallagher of Gallagher-Westfall Group, Inc., to give an overview of how his company would do the requested study. Mr. Gallagher stated it was his opinion the study should be more comprehensive than the parameters would allow as set out. He stated the current parameters did not go deep enough to look at the processes or the causes of the problem. He suggested adding the areas of media relationship, community relationship, patrols, internal affairs and personnel files. He stated he felt an investigation of the vice and narcotics area should also be done because of the potential for civil rights violations. Mr. Gallagher stated his firm's approach would be to conduct an organizational climate survey, a liability assessment, to ask the command staff to write position papers, to interview officers, and then to review all records. Mr. Gallagher gave background information on his firm's experience in conducting this type of study. He stated that his firm had done a total of 23 investigations of municipal, county, and state police units. In response to the Council's resolution setting out the parameters of the study, Mr. Gallagher stated his firm could do the study for a price of $35,300 for 74 business days, 290 professional hours at a rate of $100 per hour plus expenses as outlined in the proposal. A question and answer period ensued. Councilmember Kendrick inquired as to the cost of a in-depth study. Mr. Gallagher stated that an in-depth study, as suggested by his firm, would probably mean an addition of 10 to 12 days plus the additional expenses. Councilmember McBryde moved to ask for a proposal from Mr. Gallagher to do what he considers a comprehensive investigation, seconded by Councilmember Cheek. Councilmember Massey inquired as to whether this motion was proper in light of the fact that on February 17, 1997, the Council had already taken an action in terms of who had been suggested for this particular operation. Councilmember McBryde stated that he was looking at the motion from a week ago made by Councilmember Smith. City Attorney Robert Cogswell replied the motion on February 17 was to select Mr. Ronald D. Hunter and Ms. Cheryl Grant as special counsel. The Council's direction was to come back with a contract for Council to consider. Mr. Cogswell stated that was what was done at the last meeting when that action was deferred until tonight and this was the issue before the Council tonight. Councilmember McBryde inquired as to what Councilmember Smith's motion was at the last meeting. Mr. Cogswell stated that Councilmember Smith's motion was to delay action and also to check on the Gallagher-Westfall Group, Inc., and if Councilmember McByrde's motion was to reject any contract at this point with Dr. Hunter or Ms. Grant then it was his opinion the motion would be out of order, but if the motion was to delay it further he did not consider it to be out of order. A lengthy discussion ensued regarding the intent of Councilmember McBryde's motion. Councilmember Kendrick inquired as to whether Mr. Hunter could be ruled out as a candidate. Mr. Cogswell replied that he could be ruled out at this time and that Council could vote up or down on any of them or they could vote yes or no on all of them. Mr. Cogswell stated that Councilmember McBryde's motion had asked for additional information before considering the issue of the hiring of the investigators. Councilmember McBryde stated that all he was doing was taking Councilmember Smith's motion from the last meeting a little further by asking that a specific proposal be obtained from Gallagher-Westfall Group, Inc. He stated the Council had imposed upon the firm what they wanted and Mr. Gallagher is telling us what is best. Councilmember McBryde stated he wanted something back in a proposal because he felt Mr. Gallagher knew what he was talking about. He wanted a proposal that would give the Council the exact scope of services the Gallagher firm thought the Council should have and at the same time would give them a firm price. Mayor Dawkins called for the vote on the motion and the motion failed by a vote of 5 to 4 with Councilmembers Ross, Dempster, Smith, Torrey, and Massey in opposition. Councilmember Smith made a motion to exclude Dr. Ronald Hunter from any consideration of contracting with the City for any type of investigation, audit, review, or anything else, seconded by Councilmember Massey. City Attorney Robert Cogswell recommended that the motion be that you not execute this contract. Councilmember Smith inquired as to whether he could address the issue of Mr. Hunter's expenses in the motion. Mr. Cogswell replied that the Council would need to approve minutes of that meeting before acting on the expenses. Councilmember Smith again inquired as to whether he could make as part of his motion that we reimburse the expenses for flying up here and thanks but no thanks. City Attorney Cogswell informed Councilmember Smith that he had restated his motion before the vote at the last meeting. Mr. Cogswell read what was on the tape of the minutes that had not been approved. Councilmember Smith's motion was "We cover the expense of these folks coming down." Mr. Cogswell explained that when you go back behind the restated motion you have Councilmember Massey's friendly amendment, and other Councilmembers explaining the motion. Therefore, the more appropriate thing to do was at least to indicate about the travel expenses. Those minutes needed to be voted up or down before any action is taken. Mayor Dawkins called for a vote on the motion, and the motion carried unanimously by a vote of 9 to 0. Councilmember Ross moved to hire Cheryl Grant to conduct the investigation of the alleged discrimination in the police department, seconded by Councilmember Torrey. City Attorney Robert Cogswell inquired as to how much, how long, and what is the scope. He reminded Council they had at the last meeting discussed confining it to the police department and not including the city manager's office. He felt there was a need to deal with these issues because right now there are blanks in the contracts. Mayor Pro Tem Blackwell stated that he would like to authorize management and the attorney's office to work out the contract with Ms. Grant and bring it back to Council for final approval. He stated he was not qualified to negotiate a contract on the scope of services at this point and he would prefer that Council authorize management in consultation with the attorneys to negotiate the contract and bring it back at the next meeting. He asked Councilmember Ross if she would accept that as part of her motion. Councilmember Ross agreed. Councilmember Smith inquired of Mayor Pro Tem Blackwell if this meant that he was going to support the motion. In response to Councilmember Smith, Mayor Pro Tem Blackwell said no and stated his concern was that he had asked for co-reviewers and it had not worked out. He stated he accepted that but still felt that if Council were going to do this thing it needed to be turned over to people who knew how to negotiate contracts and let them do the negotiation. Mayor Pro Tem Blackwell stated he was ready to move on and he could not support one single viewer. Councilmember Massey stated there has been a lot of conversation and several things were said that were a part of the written agenda and set out as the parameters of the investigation. He stated the purpose of having Dr. Hunter and Ms. Grant to come down was for them to discuss the perimeters of the contract. Prior to appearing at the meeting both parties had been in meetings with the Interim City Manager and City Attorney and had generically accepted various bits and pieces and elements of the contracts. Councilmember Massey stated he felt several things had gotten lost in communication and he felt these things would show up in the minutes to be approved and those minutes would show the fact that the parties indicated they would be able to conduct this investigation in a specified time period, that they would be able to conduct it within a framework not to exceed the $50,000 and they were talking in terms of an hourly pay rate of $250 per hour. Councilmember Massey stated he thought this was a bit excessive but the bottom line was that it was time to proceed with the democratic process. Councilmember Massey requested that a change be made in the contract on Item 2.A. He requested that the word "all" be deleted and the paragraph would read "to coordinate communications between the City Council and the Investigator." An in-depth discussion followed regarding Councilmember Massey's proposal to delete the word "all" from the contract with Ms. Grant. Councilmembers Cheek and Kendrick expressed their opposition to Councilmember Massey's change and to Councilmember Ross's motion. Councilmember Smith expressed his belief that the Council cannot allow citizens to pay for public functions because it would look like someone is trying to take advantage of the situation. Councilmember Smith stated he supported the motion to hire Ms. Grant. Councilmember Dempster inquired of City Attorney Robert Cogswell if he could ask questions about the highlighted areas on the Gallagher-Westfall Group, Inc. City Attorney Cogswell replied in the negative. Mayor Pro Tem Blackwell asked for a restatement of the motion. The restated motion was to contract with Ms. Grant agreeing to the amendment that the Interim City Manager in consultation with the city attorney's office draw up the contract and bring it back to Council next week for action. Councilmember Massey at this time withdrew his request to amend the contract by deleting the word "all." The section 2.A would remain as in the original contract submitted to Council. Mayor Dawkins called for a vote on the motion. The motion carried by a vote of 5 to 4 with Councilmembers Kendrick, McBryde, Cheek, and Blackwell in opposition. Mayor Dawkins declared a recess. The meeting resumed and Councilmember McBryde stated that Councilmember Dempster had implied there was some knowledge between the private citizens making the offer to pay for the investigation and the Gallagher-Westfall Group, Inc., and he would like to give Ms. Linda Allan a chance to comment. Ms. Allan informed Council the offer had come from private citizens and not from any existing organized group. She stated there was no participation or deal in the process or outcome of this issue. The offer was strictly made to move the City forward and to allow it to heal. She stated there had been neither written nor verbal communication by anyone with the Gallagher-Westfall Group, Inc. A discussion ensued. Councilmember Smith requested to clarify his comment about the business community offering money for the investigation. He stated that he did not want the business community to think he did not want them to continue to support the community. His notes said business/citizens cannot pay for a function/City responsibility like this. Interim City Manager Roger Stancil addressed Council and stated that he and Ms. Allan had never had a conversation about the Gallagher-Westfall Group, Inc. Mr. Stancil stated he would like to clarify the issue about how he had found out about the Gallagher-Westfall Group, Inc. On February 5, 1996, he had attended a conference of the North Carolina City and County Management Association in Chapel Hill. At that meeting the Assistant City Manager from Greenville had told him about a report that had been done on discrimination issues in their police department. Mr. Stancil read the report and felt it was a firm from whom the City of Fayetteville should get a proposal for their pending investigation. He called the firm, using the telephone number on the report and asked them if they were interested in doing the job. They submitted their proposal with the other proposals. Mr. Stancil stated he reviewed the proposals and prepared a memo with his recommendations. He stated he had talked with the firm when asked by Council to get a proposal at their meeting on March 5, 1997. He stated he had sent the same contract with the same scope of services that had been sent to Dr. Hunter and Ms. Grant and he had never attempted to clarify or explain that scope of services to anybody. B. Consideration of approval of Lease Agreement with Fayetteville Partnership, Inc., for use of the Market House Building. Interim City Manager Roger Stancil presented this item. Mr. Stancil gave background information on the rental history of the Market House. He outlined the options available to Council regarding this lease. A discussion was held regarding the terms of the lease. Councilmember Kendrick moved to approve the lease agreement with Fayetteville Partnership for the term of one year for the sum of $1, seconded by Councilmember McBryde. Councilmember Smith offered a friendly amendment to extend the lease to 6 years. City Attorney Robert Cogswell explained that the procedure for a lease of 1 to 10 years was for Council to authorize the advertisement to state the intent to lease the property and then at the next meeting a resolution must be adopted. He stated this was not an upset bid process. Councilmember Dempster expressed his opposition to extending the lease beyond a year. Councilmember Kendrick inquired about the option to terminate. Mayor Dawkins called for the vote and the motion passed by a vote of 8 to 1 with Councilmember Dempster in opposition. 5. Consideration of approval of the following Community Development matters: A. Recommendation from the Fayetteville Redevelopment Commission for reprogramming of Community Development Block Grant Funds. Assistant City Manager Ben Brown presented this item. He reported that the Fayetteville Redevelopment Commission had conducted a public hearing to reprogram/allocate Community Development Block Grant Funds. He was requesting that the funds be allocated as follows: Project Amount Seabrook Pool Expansion (Reduce HUD 108 Loan) $300,000 Fayetteville Urban Ministry (Emergency Home Repair) $75,000 The Women's Center of Fayetteville (Emergency Roof Repair) $18,000 Neighborhood Resource Center (Part-time position & Beautification Equipment) $16,000 $409,000 B. Adopt Special Revenue Fund Project Ordinance Amendment 97-3 (CDBG Program Income). Councilmember Kendrick moved to approve Items 5.A and 5.B, seconded by Councilmember Cheek and carried unanimously by a vote of 9 to 0. 6. Consideration of adoption of PWC 1996-97 Budget Amendment Number 1. Councilmember Torrey moved to approve, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 9 to 0. 7. Consideration of approval of Lease Agreement with Cumberland County School System for joint use of Cliffdale Elementary School park. Councilmember Smith moved to approve, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. 8. This Item was moved to Item 4.A. 9. APPOINTMENTS: A. Fayetteville Appearance Commission: Nominations needed to fill one vacancy. No nominations were made. B. Fayetteville City Planning Commission: 1. Consideration of request for removal of Mr. Ghuang "Chris" Harris due to poor attendance. Councilmember Kendrick moved to remove Mr. Ghuang "Chris" Harris from the Planning Commission, seconded by Councilmember Massey and carried unanimously by a vote of 9 to 0. 2. Nominations to fill vacancy if Commission request is approved. The following nominations were made to fill the vacancy created by the removal of Mr. Harris. 1. Mr. Jack Cox was nominated by Councilmember Smith. 2. Mr. Gary Mendelson was nominated by Councilmember Cheek. 3. Mr. James Gatling was nominated by Councilmember Massey. 3. Election of nominee to fill one vacancy created by resignation of Mr. Frederick W. Best, Jr. Mr. Jack Justice was elected to fill in the term of Mr. Frederick Best. This term will expire in July of 1997. C. Fayetteville City Zoning Commission: Election of nominee to fill one vacancy created by resignation of Mr. Jerome Calhoun. Mr. Thomas Council was appointed to fill in the term of Mr. Jerome Calhoun. This term expires in July 1997. D. Fayetteville Redevelopment Commission: Nominations needed to fill two vacancies. Mayor Pro Tem Blackwell nominated Mr. Jonathan L. Warren, Sr., and Mr. John M. Monaghan, Jr. Councilmember Ross nominated Ms. Inson Brown. Councilmember Cheek inquired about the training program for the Zoning Commission members. Mr. Stancil stated they were working with the Institute of Government on setting it up. INFORMATION ON PUBLIC HEARINGS SET: APRIL 7, 1997 Consideration of installation of traffic signal at intersections of Ramsey Street/Kinlaw Road/Ridgeway Drive. (P97-15F) Consideration of an application by L. Stacy Weaver, Jr., for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-24(3) to allow a nursing home in an R5 Residential District for an area located near the intersection of Cliffdale Road and All American Freeway. Containing 27.07 acres more or less and being the property of Woodruff Corporation as evidenced by deed recorded in Deed Book 3199, Page 434, Cumberland County Registry. INFORMATION ITEMS: 1. Information on 1997 NCLM Regional meetings. 2. Report on taxes collected for the month of February, 1997, from the Cumberland County Tax Collector. 1996 Taxes 461,094.52 1996 Vehicle Taxes 181,609.88 1996 Rev 1,205.31 1996 Vehicle Rev 167.21 1996 FVT 23,496.50 1996 Storm Water 45,432.78 1995 Taxes 12,163.77 1995 Vehicle Taxes 14,715.12 1995 Revit 7.53 1995 Vehicle Revit 1.39 1995 FVT 2,023.55 1995 Storm Water 1,180.80 1994 Taxes 2,453.49 1994 Vehicle Taxes 456.75 1994 Revit 19.64 1994 Vehicle Revit 0.00 1994 FVT 94.40 1993 Taxes 1,426.68 1993 Vehicle Taxes 94.56 1993 Revit 58.71 1993 Vehicle Revit 0.00 1993 FVT 20.00 1992 And Prior Taxes 4,751.21 1992 And Prior FVT 21.19 1992 And Prior Revit 0.00 Interest 19,393.26 Interest (Revit) 106.61 Interest (Storm Water) 1,379.67 Fayetteville Discount 0.00 Revit Discount 0.00 Total Collections 773,194.53 3. Report of tax refunds less than $100 for March, 1997. Fay Otolaryngology, Head Adjusted Per Audit .67 Fay Otolaryngology, Head Adjusted Per Audit 1.11 Fay Otolaryngology, Head Adjusted Per Audit 4.02 Fay Otolaryngology, Head Adjusted Per Audit 1.13 Hinkle, Mark Christopher Military Non-Resident 21.68 Holloway, Perry K Tagged Vehicle listed in error 25.49 per 8592248-04 Martin, Gregory & Leslie Incorrect Number of Sheds keyed 46.64 McRay, Shabarbara Ann Military Non-Resident 35.24 McRay, Shabarbara Ann Military Non-Resident 41.63 Smith, Norman & Ruth M. Livestock Trailer correctly charged 15.40 on #8917546-09-96 Spoor, David Anthony Military Non-Resident 78.67 Torre, Axel John Military Non-Resident 45.83 Washington, Kevin L Military Non-Resident 16.44 Total $333.95 4. Police Department - monthly report from the Office of Professional Standards for the month of February, 1997. Councilmember Kendrick moved to adjourn the meeting, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 9 to 0. There being no further business the meeting was adjourned at 11:09 p.m. INFORMATION MEETING MARCH 24, 1997 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER MARCH 24, 1997 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Absent Mayor Pro Tem J. Breeden Blackwell (at-large) - (excused at March 17, 1997, meeting) Others Present Roger L. Stancil, Interim City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Kai Nelson, Finance Director Vera Bell, Solid Waste Management Director Ron Hansen, Chief of Police Steve Blanchard, PWC Manager Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Councilmember Kendrick, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Mayor Dawkins announced that Mayor Pro Tem Blackwell had been excused from this meeting at the March 17, 1997, meeting. 1. APPROVAL OF AGENDA Interim City Manager Roger Stancil requested to add Item 3.A, Consideration of a contract with Cheryl Grant. Mr. Stancil stated this would make the original Item 3 become Item 3.B. Councilmember Smith requested to add Item 9.A, Discussion of proposals submitted by search firms. Councilmember Dempster requested to add Item 10, Consideration of a referendum on the Marvin Plan for November 4, 1997. Councilmember Torrey moved to approve the agenda with the additions and changes, seconded by Councilmember Dempster. Councilmember Cheek expressed her concern regarding the Council adding items to the agenda. She stated the Council had been adding major items without due notice and procedure and she felt it was becoming a new trend and the Council was governing by surprise. Councilmember Cheek stated she would like to adhere to policy and put things on the agenda in time so that everyone could be prepared to discuss each issue. Ms. Cheek stated she would not vote for approving the agenda because in her opinion something as important as a referendum on the Marvin Plan should have been placed on the agenda in an organized manner. Mayor Dawkins called for the vote on the motion. The motion carried by a vote of 5 to 3 with Councilmembers Cheek, McBryde, and Kendrick in opposition and Mayor Pro Tem Blackwell excused. A discussion was held regarding whether Item 3.B was reconsideration of an item. After discussion, City Attorney Robert Cogswell stated it was not an item for reconsideration and the full agenda had been approved in the previous vote. 2. Consideration of approval of the following minutes: A. Minutes of regular meeting of March 3, 1997. B. Minutes of special meeting of March 5, 1997, with staff of the North Carolina League of Municipalities to discuss selection process for hiring a city manager. C. Minutes of special meeting of March 5, 1997, to discuss contract with Investigators Dr. Ronald Hunter and Ms. Cheryl Grant. Councilmember McBryde requested that the minutes of March 3, 1997, (Item A) and March 5, 1997, Special Meeting set for 8:00 p.m., (Item C) be pulled from the agenda and done verbatim. He then requested that Item B be approved. The motion was seconded by Councilmember Kendrick and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. 3. A. Consideration of contract with Cheryl Grant. Verbatim of Item 3.A: Dawkins: Okay, we'll go right to 3.A. Mr. Stancil. I think everyone hopefully has got a copy of Ms. Grant's . . . Massey: Contract? Dawkins: Yea. Stancil: You should all have a copy . . . Dawkins: Let me make sure. Has every councilmember got this copy of the contract? McBryde: Yea, you think we ought to take a ten-minute break so we can read it? Dawkins: Well I just want to make sure everybody has it. Okay, Mr. Stancil. Stancil: You should have a copy of a contract that we last week sent Ms. Grant a copy of the contract again that was in your agenda packet and she faxed back a proposed contract as I told her, suggested to her, would be acceptable. She did that this morning and Bob Cogswell, the City Attorney, and I reviewed the contract and identified some three or four areas that we thought needed clarification. Mr. Cogswell called her and by telephone discussed those areas. She then went back and revised the contract and what you have attached to this memorandum is her revision. It's very similar to the contract that we sent originally with a few changes and the City Attorney and I can accept this format as a contract. We have no problems with the format. Dawkins: Okay. All right. Massey: Mr. Mayor. Dawkins: Okay, let's go to Mr. Massey. Massey: I'd like to make a motion that we go ahead and we authorize this contract. Ross: Second. Torrey: Second. Dawkins: That's second by Ms. Ross. Smith: [inaudible] . . . Dawkins: Mr. Cogswell and then we'll have any discussion. Bob did you want to say something. Cogswell: I have a question. Dawkins: Okay. Cogswell: I want to make sure that . . . Kendrick: [inaudible] already made your decisions. I don't know why you need . . . Cogswell: I want to make sure I have a clear understanding on something. Dawkins: Yes. Cogswell: On the fees and expenses. That this is prospective or to her previous travel expenses, her lodging for example. We haven't seen that bill yet. Massey: Right. Cogswell: Is that under the $50,000 or is that in addition? Because this con . . . this, this excludes lodging. In other words, her lodging expenses come within the $50,000 cap and this would normally be prospective. She has not submitted her bill for the other, for the pervious expenses, and you're going to deal with that when you ultimately either on the next item or when you approve those minutes and that's my question. I would assume this to be prospective in nature and that any prior bill you'd have to deal with separate. Massey: Mr. Cogswell, what do we normally do in cases like this? Cogswell: Well normally this is prospective. Massey: And that means what? Cogswell: That this contract only addresses expenses from this day forward. Massey: That would be fine with me sir. Cogswell: Okay. Dawkins: All right. Cogswell: So any prior expense bill would have to either come back to you or be consistent with what you approve later on this evening. Massey: That's fine with me sir. McBryde: You're saying that expenses from this day forward are included in the $50,000 cap? Cogswell: The $50,000 except for . . . Smith: Can we . . . Cogswell: . . . the additional travel, actual plane fares and things like that, are in addition to the $50,000, but hotels and meals and all that are included within the 50. McBryde: Okay . . . Massey: Did we not . . . McBryde: . . . so the only thing beside it is travel? Cogswell: Travel, not lodging, travel. Massey: Okay, just for the sake of clarification. Did we not authorize payment of the expenses that . . . Cogswell: You're going to deal with that in your next item. Dawkins: The next item. Massey: Okay, so in other words, right, fine. So as . . . So what we're saying now is that we're only dealing from this day forward? Cogswell: That's the normal practice. Massey: Fine, thank you very much sir. Dawkins: Thank you Mr. Cogswell, Mr. Massey. Let me go to Mr. Smith. Smith: I was going to ask Mr. Cogswell, if he can go back up there. Would it be unusual Bob, since we are now talking about contracting with her, to put that expense of coming to this meeting under the cap? Cogswell: That's your choice. Normally it would . . . Normally we don't get bills prior to approval of a contract. That's . . . Smith: Well then let's put it under the cap. Cogswell: That's your choice. I just wanted clarification on it because what . . . the way this contract reads is we are going to send her $10,000 up front. Smith: Right. Cogswell: And, and . . . ________: [inaudible]. Cogswell: . . . I wanted clarification from the Council to make sure we understood that any expenses prior to this date and time either came out . . . she could take them out of that $10,000 or not and I just wanted . . . Smith: Well since she hasn't submitted a bill . . . Cogswell: No. Smith: . . . I mean maybe she's waiting for that opportunity so I think it would be very fair to put under the cap. Cogswell: It's your choice. Dempster: That'll work. Smith: If nobody has a problem with that, you know, let's put . . . Torrey: I have a problem with that. Dawkins: Okay. All right, well I believe that's majority consensus. Torrey: No, I have a problem with it. Dawkins: Excuse me Mr. Torrey, what did you say? Torrey: I have a problem . . . Dawkins: You have a problem with that. Okay. All right. Well, what consensus I got. Well, we'll just have to see when we vote. McBryde: Mr. Mayor, are we going to discuss it? Dawkins: Oh yes. Yes, we're going to discuss it. McBryde: I thought you [inaudible] me to vote. Dawkins: Oh no no no. No no no. Bob, you didn't have anything? If you will stay right there Bob I'd appreciate it. Mr. McBryde. McBryde: Mr. Mayor, I just would like to point out a few things. First that Ms. Grant has no experience in this type investigation, which leads me to believe that $200 an hour, I think she worked out a price with Mr. Massey on the phone at $200 instead of $250 and I appreciate the 20 percent savings, but still a little stiff, especially in light of no experience. I got no references. I think she finally sent some to the City but it was a dun deal at that point so we didn't even check the references out. I would remind everybody of how evasive Ms. Grant was when we tried to question her as to the investigation to the point of, when I talked to her, to the point of turning her head looking away and not even talking to me. I don't really want to hire somebody who treats me that way. Then I think the final thing I would say is that the community knows what to expect from this investigation. They know it's not going to be the truth and they'll never accept it as the truth. Ross: [inaudible] know that? McBryde: We may as well just take this $50,000, give it to Chief Hansen now to help cover what we're going to have to pay him after he sues us. Save it because I don't think this lady can justify firing him. I appreciate it. Dawkins: Thank you Mr. McBryde. Let's go to Councilmembers Cheek and Torrey. Cheek: Thank you Mayor, councilmembers. In reading through the contract, I had some questions and I was hoping that perhaps somebody could clarify some things so that we could be as clear as we can be about what this project's going to be. There's some references here to her staff and to a team and I, the only person that I have seen anything about who is working on this is Ms. Grant and I'd like to know about what other involvement. Is there going to be other involvement than Ms. Grant in this? Dawkins: Let me ask if Mr. Cogswell or Mr. Stancil know of any. Cogswell: I assume she's got some staff and I don't . . . I saw that too. I don't know what it means. It's clear that the $50,000 covers any of their time and expenses too. Cheek: Does this authorize her to bring anyone in that she wants to, to go through our City records? Cogswell: Well anybody can walk in here and look at the public records, but any matters that would be privileged or released by an employee to her would be whatever agreements worked out between that employee and her. If that employee wants to let people that work for her see those documents, that employee can do that, or if they only want to let her see it, they can do that. We're not going to get into those arrangements. Cheek: But anybody . . . We don't know who will be conducting this investigation then potentially . . . Cogswell: That works . . . Cheek: . . . is that right? Cogswell: Working with her? Cheek: Right. Cogswell: I have not seen any list, no ma'am. Cheek: Okay. But this contract clearly allows her to bring anyone in that she wants to. We have no . . . Will we know about it? Will we know who comes in, what their qualifications are? Cogswell: Hasn't been discussed. McBryde: Qualifications don't matter Ms. Cheek. Cheek: Well I would like to request one addition to the contract somewhere that we at least be advised as to, in advance, as to who will be working on this and what their qualifications are before they begin work. Dawkins: All right, I'll have . . . Cogswell: Is that an amendment? Cheek: Yes. Smith: A friendly amendment. Yes. Dawkins: I'll ask the maker and the second--Mr. Massey and Ms. Ross--if they'll accept that. ________: No [inaudible]. Dawkins: Do not. Cogswell: Now wait a minute . . . Massey: No we do not. Cogswell: You know, she's moving an amendment and if she gets the second, she's not asking for a friendly amendment, she's asking for . . . Dawkins: Oh, I'm sorry. Cogswell: . . . an amendment. Dawkins: I thought it was friendly. Okay. All right, so you would need a second. McBryde: Well I'll second. Dawkins: All right. Cheek: Okay. Dawkins: A second from Mr. McBryde. McBryde: Whatever it's worth. Dawkins: So this would be an amendment to the motion. Cogswell: You just deal with that amendment first, then you go back to the main motion. Dawkins: All right. So we will go to the amendment. Any discussion about the amendment? I think you heard Councilmember Cheek state what she was requesting. If any other people work with her, we'd like to be notified who they are and possibly any credentials. Any discussion on that? Torrey: Mr. Mayor. Dawkins: Yes. Torrey: If we'd turn to Article 6, it emphatically states that it is the intent of this contract to secure the personal services of the investigator and her staff . . . Dawkins: Right. Torrey: . . . period. Dawkins: I think what Councilmember Cheek is saying, she'd like to know something about her staff or whoever helps her. Cheek: And there's a reference in the next paragraph to the team and I would like to know who the team is going to be. Torrey: I don't think that would be fair and equitable. She has the right to select who she would like to select. Her staff would be her staff and I don't think we would be authorized to select her staff. I wouldn't . . . [SEVERAL COUNCILMEMBERS COMMENT.] Cheek: I'm . . . Mr. Mayor, may I speak? Dawkins: Yes. Cheek: Just in . . . Again, I was trying to look at this in light of other contracts where we've contracted for professional services. There's just procedures that we go through and Mr. McBryde talked about some of them, that we know who's working for us, what they'll be doing, how long it's going to take, what it's going to cost per person, what the task will be, what the products will be, and I was just trying to get some of that type of information that we know about everybody else that we hire and I thought it would be appropriate to treat all our consultants in a similar manner. That was the background for my motion. Torrey: Mr. Mayor. Dawkins: Yes sir. McBryde: I was next. Torrey: When we hired the people from Charlotte, did we require those same requirements? McBryde: What people? Torrey: Mr. Van Hoy and his staff. Dawkins: You mean the attorney that we hired? Dempster: Mr. Van Hoy [inaudible]. Torrey: [inaudible] Charlotte, [inaudible] staff. Did we question his validity and his salary and how much time he was supposed to spend with us. McBryde: I was next. Dawkins: All right. Thank you. Let me go next to Councilmembers McBryde . . . Cheek: Mr. Mayor, I wasn't . . . I'm sorry, are we still talking about . . . McBryde: Yes, I . . . Cheek: . . . my motion? McBryde: . . . wanted to make a comment on what you're doing. Cheek: Oh, okay, I'm sorry, I'm getting confused here. McBryde: [inaudible] argue what you were saying. I just wanted to say that we saw a reputable contractor here last time we talked about this and the Westfall group certainly put forth the names of everybody and the experience they had in investigation. I don't see why Ms. Grant, if she's so reputable, wouldn't be willing to do the same thing. Torrey: Mr., Mr. . . . Dawkins: No, what we're going to do right now . . . Torrey: The Westfall group didn't have any business on the agenda. Dawkins: Okay. All right. Thank you Mr. Torrey. McBryde: [inaudible] I understand. Dawkins: Thank you. Okay, I will go back to the maker of the amendment, but I want to go to Councilmember Dempster and then back to Councilmember Cheek. Dempster: Thank you Mr. Mayor. I just had to say something in reference to Councilmember McBryde's statements regarding Attorney Grant. I sat here and I watched what happened and it wasn't the proudest moment. A lot of the councilmembers here and the way they treated a visitor was appalling and, you know, we just . . . I can't sit here and just listen to this on and on and not make any statement back. I mean what we did to those people was inappropriate, but without, with saying that. We hired Grant. Now if Grant's team is gonna come down here, hey we'll get a chance to introduce ourselves to them, we will see their . . . This thing has taken three months. It sounds to me like this is another diversionary tactic to get more information. I mean we're never gonna get off the first base on this thing and I'm . . . So I'm not gonna support the amendment because of the fact that this is just dragging this thing on longer and longer. Thank you Mr. Mayor. Dawkins: All right. Thank you Mr. Dempster. Councilmember Cheek. Cheek: Thank you. Are we voting on my motion now? Dawkins: Yea, what we're . . . we're discussing your amendment to the motion. Cheek: Okay. I had some other questions about the contract but I assume they will come . . . Dawkins: Yea, . . . Cheek: . . . after we vote on this motion? Dawkins: . . . we're just dealing with the amendment. Cheek: Right. Dawkins: Mr. Smith, did you want to speak? Smith: Yea, I guess I got this question for Bob. In dealing with this amendment, can we put like before they start work, we have this sort of stuff, not necessary before the contract goes through? Cogswell: If you want to. It's your choice. McBryde: What difference does it make [inaudible]? Smith: I mean, you know, I don't see any harm in getting the information on people. It's sensitive what we're doing, but I also don't see a point in delaying the contract until we get it. So I guess can I make a friendly amendment to the amendment? Cheek: I think my motion was to add that that be provided to Council, make that a requirement in the contract, and I didn't put a date on it. Smith: Well could we put before . . . ________: She's saying . . . Cheek: Before beginning work? Smith: Yea. Cheek: Yea, I'll accept that friendly amendment. Smith: In that case, I can support the amendment. Dawkins: All right. Cogswell: That she basically provide the names of any staff prior to them commencing work to you? Cheeks: Names and qualifications. Cogswell: Names and qualifications. ________: [inaudible]. Cogswell: Does that mean you'd have the right to say no? You can say that as part of your motion. You just said you wanted to see them before they started. Cheek: Oh sure, I'll include say no. ________: [inaudible]. ________: Say it now. Dawkins: All right. Okay, so what you're saying is to say no, then . . . Cogswell: In other words, your motion, your motion is to amend it that the Council has the right of prior approval on any staff members prior to them commencing work? Cheek: Yes. Cogswell: Okay. Cheek: Yes. Dawkins: Say that again Mr. Cogswell. Cogswell: The Council has the right of prior approval on any staff members that work with her under this contract. That's her amendment. Dawkins: Okay. All right. Everybody understand that then. Okay. I want to go to Mr. Kendrick. Kendrick: Thank you Mr. Mayor. With a task that seems so important to the Council, to me we should know who's going to investigate the City of Fayetteville. I think anybody in this audience would say you should know who's going to investigate the City of Fayetteville. I mean, [inaudible] public that at least to know who's going to investigate your police department of your City, we don't want to know about it. We're just going to sit here and say well, we're going to provide somebody and whoever they want to contract with to investigate our City and for them to come up with determinations, then we could sit so casually sit back and support and not support this motion is beyond me. Is somebody trying to hide something? If we cannot go in and investigate our police department, at least that we know who's doing the investigation, I think it should be the right of the Council and the right of the citizens of Fayetteville. McBryde: Probably Mr. . . [APPLAUSE FROM AUDIENCE.] McBryde: Probably Mr. Melvin. Dawkins: All right. Thank you. All right. Let's go to Mr. Torrey. Torrey: I would like to answer that we know who's going. Kendrick: Who, Mrs. Grant is the only one . . . Torrey: Ms. Grant and her staff. Kendrick: . . . that you're talking to. Torrey: Mr. Grant and her staff is simply stated. McBryde: It might be Mr. Melvin or Mr. Tucker. Torrey: [inaudible] but in here it says her and her staff. McBryde: It could be Melvin or Tucker too. ________: That's right. Dawkins: All right, is there any other discussion about the amendment, and there was a friendly amendment by Mr. Smith that stated it would be prior to the work starting that this would be known. Is there anything else Councilmember Cheek wants to say? Cheek: Not on this motion. Dawkins: Okay. All right. I'll ask for your vote. Okay, all right, that's a four-four. The old boy gets, I mean, well. It's now five to four. Well, Ms. Ross voting both ways. Did you mean to vote against that Ms. Ross? Ross: Yes. Dawkins: Okay. Ms. Ross in opposition. Mr. Massey, Mr. Dempster, Mr. Torrey in opposition. In favor, Cheek, Dawkins, McBryde, Smith, and Kendrick. So the amendment does pass. Now does everyone know where we are? Torrey: No. I'd like to clarify that amendment. Dawkins: All right. Mr. Cogswell if you'll help us out. Please explain. Cogswell: You now have . . . You now have a motion before you to consider the contract with an addition, I guess, of a paragraph 6.3 that would read the City has the right of prior approval on any staff used by the investigator in this contract. Cheek: Mr. Mayor, I also . . . Dawkins: Yes. Cheek: . . . wondered how much the cost will be of these people, Ms. Grant's reimbursement as specified, and I wondered how that would handled? McBryde: Are they included? Smith: Yes. Torrey: It would be covered under that $50,000. Smith: Yes. Cogswell: It says the . . . Smith: The cap's 50. Cogswell: She gets a cap, she gets $200 an hour with a maximum compensation for fees and reimbursable expenses of $50,000 if she wants, you know, if she brings somebody in here and whether they're getting $500 an hour or $100 an hour, once she reaches $50,000 she's through. Cheek: But she can . . . It goes up to $50,000 at $500 an hour or whatever, but she probably wouldn't do that. But then we don't know how much any of the team members would cost, but they are included in the $50,000? Cogswell: Yes. Cheek: Okay. Let's see. Second thing was travel . . . I wondered how travel time is computed and how do you compute work hours for the $200? I think that was one of the questions about the other invoice we received. Time on the airplane, is that $200 an hour? Cogswell: Normally it is. That's the normal thing. Cheek: Okay and do we have a number of . . . even an estimated number of trips? Cogswell: No. But she expressed to me that's why she wanted that, just the travel cost, billed separately, because she didn't know how many times she'd have to come down here. Cheek: And are the hours spent traveling, would they be billed . . . Cogswell: That's part of the hourly. Cheek: . . . separately or are they under the 50. Cogswell: That's part of the hourly rate. Cheek: Okay. All right. Cogswell: It comes within the cap. Cheek: Okay. We . . . I notice that we also and not included in the cap is the insurance coverage. Cogswell: That's extra. Cheek: Yea, is that . . . Is that a normal practice to do it that way? Cogswell: We've done it both ways. In this case she asked it to be . . . That's what she's asked for, that it be done separately. Sometimes when you bid it, when people bid for work, it's buried in their expenses. Cheek: Yea, most people have insurance anyway, right? Cogswell: She's indicated that she's not sure she's got it down here in North Carolina for this type. She's got personal, they call it personal liability, rather than malpractice. Cheek: Okay. Okay. What do the reimbursable expenses consist of in Section 4.1? Cogswell: Well, that would be lodging, meals, any copy cost, mail cost, telephone bills, things like that that she would incur on her end or, yea, that she would incur in her office. Because anything that we do for her, you know, I mean that's not, you know, we're paying for that. Cheek: Okay, so those are normal office expenses is the way . . . Is that an official interpretation of that? Okay. McBryde: Do we not put a price on work that we do and include that in the cap? So we may do $10,000 worth of business or . . . We're generous, go ahead. Cheek: Okay. I wanted to also revisit this section of communication with the employer, the City Council as the employer. I think it's important that the contractor have the same communication with all of us and we had it that way in our other contract and I notice that this contract has been changed again. So, I would like to move that in Section 2.1 we change the word "may" to "shall", that the investigator shall contact the City Council as a body directly for direction, reporting, and matters concerning scope of services. McBryde: Second. Cheek: This was in line with what was approved last time. Torrey: I think, Mr. Mayor . . . Dawkins: All right. Torrey: . . . that Item 7-1.1 deals with that. Dawkins: All right. Let's go . . . Well, we want to act on 2.1. Ms. Ross, did you want to speak on this? Ross: No I was just wondering something that I had seen that's going on. Dawkins: Okay. So what we're talking about now is 2.1, Councilmember Cheek states that she'd like that to be changed from "may" to "shall". That was seconded. Was the seconded by Mr. . . . Kendrick: McBryde. Dawkins: Okay. All right. Okay, any discussion on that? All right, I'll ask for your vote that be changed from "may" to "shall". All right. Ross: Mr. Mayor, would you state your motion again. Dawkins: Yes, what it is Ms. Ross over there on 2.1 in Article 2, it says the investigator may contact the City Council as a body directly for direction and Councilmember Cheek is saying she'd like to change "may" to "shall", meaning that the . . . Torrey: I have a question Mr. Mayor . . . Dawkins: . . . investigator . . . Torrey: Mr. Cogswell, why "shall" [inaudible] why? Cheek: Because we are . . . She's being hired by the City Council as a body and we are the supervisors of the contract, it isn't being handled through the City Manager's office, we're the contractors and I think it's important for us all to get the same information and I think it's important for us all since we are all involved, that we have to as managers to this contract know everything that any of us know about how the contract is progressing or what's happening. Torrey: Well, it behooves me that why you want to change it from "shall" to "may". Cheek: Because that . . . [SEVERL COUNCILMEMBERS COMMENT.] Dawkins: She would have to contact all of us. Cheek: . . . that leaves the option open that this contract may be managed by one or a few councilmembers instead of having all of us involved, and I would like for us to be very clear that all the City councilmembers have equal responsibilities and we all represent the citizens of Fayetteville and all have the responsibility to know about the management directions that are given or policy directions that are given to the consultant. Torrey: So it's very pleasing to me that you're going to come over with us, is that right? Cheek: Mr. Torrey, I have always been with you in trying to do a fair job for this City and trying to get a responsible contract. Torrey: I also have believed in a fair and equitable government, and . . . Dawkins: All right, I really . . . Torrey: . . . I'm expecting you to come over [inaudible] . . . Dawkins: All right and we . . . Torrey: Thank you. Dawkins: I thank both of you. Ms. Ross, I'll ask for your vote. Massey: Excuse me, Mr. . . . Ross: I'm just sitting over here waiting. Dawkins: Okay, we already . . . Mr. Massey, very quickly because were gonna . . . Ross: Why didn't we do that [inaudible]? Dawkins: All right. We'll vote . . . Massey: [inaudible] we involved in the vote. I just simply needed to get some clarification. Dawkins: All right, the vote . . . Massey: [inaudible]. Dawkins: . . . was change from "may" to "shall" and the . . . Massey: But my . . . Buy my question was did you all discuss this with Ms. Grant in terms of what she interpreted, that she had already decided that she would not be communicating with any individual members of Council but would deal with the entire Council? Had that been discussed and was that a part of the agreement that already existed? ________: Yep. Cogswell: When we got it this morning, it read the investigator may contact the City Council directly. It didn't say individually or as a body. Massey: Did you get clarification when you talked to her? Cogswell: I asked her what she meant, did you mean individually or as a body, she said as a body. Massey: As a body, so no one was attempted to be excluded, is that correct? From that interpretation? Cogswell: That was . . . Massey: All right. Cogswell: . . . my interpretation. Massey: Thank you. Dawkins: Thank you, and the chair . . . Cheek: Does . . . Torrey: [inaudible] Mayor. Dawkins: . . . rules, no . . . Torrey: Mr. . . . Dawkins: After this vote, the vote is Cheek, well, Ms. Ross and Mr. Massey, how would you wish . . . I have at least five members . . . Massey: Well I'll tell you, my green button was to ask a question and my red button was to . . . Dawkins: All right. Massey: . . . give it the amendment. Torrey: Mr. Mayor. Dawkins: Ms. Ross. Torrey: Please Mayor . . . Dawkins: Yes. Torrey: . . . if you would excuse, the Council, I made, pardon me, a terrible blunder. I would like to vote negative. Dawkins: All right Mr. Torrey you go right ahead. Mr. Torrey's vote is negative. Ms. Ross's vote is negative. It's a four-four vote and now it's a five to four vote and it passes with the Mayor voting. Thank you all so very much. So that will be going from "may" to "shall". Okay. Thank you Council very much. Now, is there anything else before we vote on the motion to hire Mrs. Grant? Kendrick: Mr. Mayor. Dawkins: Yes sir. Kendrick: If I could please. Dawkins: Yes sir. Kendrick: Have you indulge just for a second. In the Sunday's Parade newspaper--the little magazine that comes out in the Sunday paper--I want to read something to you. Citizens have called me and told me to read this. How much do lawyers charge? Partners in a law firm bill clients in a [inaudible] rate of $183 an hour in 1996. That's a 4.5 percent increase over 95. Intellectual property specialists, many of whom are chemists and engineers, are the highest paid at $207 an hour. They are followed by lawyers specializing in taxation at $201 an hour, bankruptcy at a $197.50 an hour, corporate work at $187.50 an hour, a state planning and probate at $178.50 an hour. Law partners in general practice charge $160 an hour. Let me see here, new law associates charge for less than lawyers who are partners in firms an average of $95 an hour. I just wanted to mention that. Dawkins: All right. Thank you very much Mr. Kendrick. All right. Cogswell: I just want to make sure . . . Dawkins: Mr. Cogswell. Cogswell: . . . that understands my interpretation of what you've said about these expenses. Any travel and lodging prior to this date would be considered under the contract no time. Is that correct? Dawkins: Say that again. Cogswell: It's my understanding that if you approve this, that Ms. Grant is entitled to any travel she's incurred prior to this date, that doesn't come within the $50,000, but any lodging would, but that's it, no time prior to this date. ________: Correct. Cogswell: That's my understanding of what you said. Dawkins: Of this action? Of course we have 3.B. coming up. Cogswell: I understand that, but I wanted to clear that up on this contract before we move further. Dawkins: All right. Okay, well I think everybody's in agreement on that. Cogswell: All right. Dawkins: Okay. All right. I'll ask for your vote. Ross: Mr. Mayor. Dawkins: Yes. Ross: What's this . . . Would you please tell that what over again? Dawkins: Yea, all right, what it is the motion is to hire Mrs. Grant and in that motion it says she shall, of course, talk to all of us . . . Ross: Right. Dawkins: . . . is one of the amendments and another amendment, Ms. Ross, was that we would get to see who her staff member is before she starts work. Ross: Right. Dawkins: But this motion is the motion. So if you vote for this, we hire Ms. Grant. If you vote against, well we'll have to see the outcome. Okay. Okay, the motion passes five with Ross, Massey, Dempster, Smith and Torrey. So Ms. Grant. And I'll let everybody . . . Thank you Mr. Cogswell. McBryde: Won't you vote against it so it'll be five to four. Dawkins: Five to three. Cheek, McBryde, and Kendrick in opposition. So it does pass Mrs. Jones and Mr. Cogswell. Bob, is there anything you want to say? I guess you and Mr. Stancil be will getting up . . . Cogswell: We'll revise it and send it to her tomorrow. Dawkins: Okay. So this will be sent off tomorrow with those added amendments to it Mr. Cogswell. Dempster: Mr. Mayor. Dawkins: Yes sir. Dempster: Quickly. Quickly. Dawkins: Go ahead Mr. Dempster. Dempster: Are we going to put a time frame on how long it's going to take her to get her team . . . ________: [inaudible]. Dempster: . . . and the information, I mean can we put some kind of something there where we can . . . Dawkins: Okay. Dempster: . . . try to get . . . Dawkins: Well I think they can pass that on . . . Dempster: . . . [inaudible]. Dawkins: In other words what you're saying as soon as possible. Dempster: Yea. I mean . . . Dawkins: All right. Dempster: . . . as soon as at all possible. Dawkins: Well if you'll . . . Go ahead Mr. Stancil. Stancil: Like I said, we'll communicate with her tomorrow and ask her to fax us that list of team members or we can fax it to you. Dawkins: Okay. Stancil: And then my understanding is that with a signed contract she would anticipate being here within a week. Dempster: And we'll have to wait until the next council meeting before we can discuss all this? Stancil: Well your contract is moving her ahead so the only issue would be whether there was a team member that you didn't want to approve. But as soon as we get that from her, we can fax it to you and then you can see whether that's an issue. Dempster: Okay. Dawkins: All right. So if you'll . . . That'll be done tomorrow. Massey: For the sake of . . . Dawkins: Mr. Massey. Massey: . . . clarification. Dawkins: Mr. Massey. Massey: Clarification, in other words, as of this moment, once that contract is facilitated, she then is able to bring her team in here or she sends the information on her team which she can bring herself in here and go to work? Dawkins: Oh yea. Massey: Thank you. Dawkins: Yes sir. Technically she could start, she could start tomorrow. Massey: She could start tomorrow. Oh oh oh oh, oh once you've signed the contract? Cogswell: Yes. Dawkins: Correct. Massey: Thank you Mr. Mayor. Dawkins: All right, thank you. B. Reconsideration of action to pay expenses of Dr. Ronald Hunter and Ms. Cheryl Grant for expenses incurred for attendance at the March 5, 1997, City Council meeting. Dawkins: Now we want to go to 3.B. Now this is consideration of the action to pay expenses for Dr. Ronald Hunter and Ms. Cheryl Grant for the expenses incurred for attendance at the March 5, 1997, City Council meeting. Do we want . . . Do we need . . . [END OF TAPE] Dawkins: Mr. Cogswell, do you want to say anything? I know we got a memo from Dr. Hunter. Cogswell: Technically I think you need to have a motion just to reconsider it to start with. Dawkins: Okay, a motion to reconsider, I'll entertain a . . . Smith: So moved. Dawkins: All right, Mr. Smith moves and I have a second. This is to reconsider the payment of expenses. Dempster: Second. Dawkins: Okay, seconded by Mr. Dempster. McBryde: I have a question. Dawkins: Okay, Mr. McBryde. McBryde: I thought you said that this is not a reconsideration, that's why we could do it to start with? Cogswell: Well. Kendrick: He changed his mind. McBryde: If it's a reconsideration . . . Cogswell: Since you didn't deal with those. McBryde: Listen to me. Cogswell: Okay. McBryde: If it's a reconsideration, it shouldn't be here, because you said if . . . Cogswell: [inaudible]. McBryde: . . . it was no reconsideration, it should be here. Is it a reconsideration? Cogswell: Well I was, you didn't approve those minutes, so you're not to that point, that's the problem. Those minutes haven't been approved, so. Torrey: You want a verbatim. Dawkins: Oh yea, the minutes of March 5. Cogswell: I think you're . . . Just go ahead and deal with it. McBryde: I think we ought to let him wait. Dawkins: I'd like to deal with him. All right. McBryde: [inaudible] week or two. Dawkins: Are you saying we need another vote Bob, or not? Cogswell: Well, as it stands, the minutes that you haven't approved have the word expenses. McBryde: How did you rule on it at the first of the meeting is what I'm trying to ask you Bob? Cogswell: That, oh, excuse me. You can reconsider anything that has a time limit and that was his motion to bring it back in two weeks. Dawkins: Okay. Cogswell: What you did at your last meeting, you put it off to this meeting. Kendrick: Why didn't you say that earlier? Dawkins: Okay, so you're saying this could pass with a simple majority? Cogswell: Yes. Dawkins: Oh, all right, any other discussion? Let's vote. All right. Torrey: On what? Dawkins: Well, what we're voting is about the expense . . . To reconsider the action [inaudible] Dr. Hunter and Ms. Grant. Dempster: [inaudible] Hunter get him out of here. Dawkins: Okay. Oh. Kendrick: Ms. Ross voted wrong. McBryde: [inaudible] Thelbert did. Dawkins: All right, so we have . . . Torrey: [inaudible]. Dawkins: This is to reconsider . . . Torrey: I didn't vote wrong. McBryde: Oh you didn't, good. Dawkins: In other words, you don't wish to reconsider Dr. Hunter . . . Torrey: [inaudible]. Dawkins: Okay. Torrey: Read the last paragraph in his letter. Dawkins: Well, I'll tell you, the chairs going to vote and we're going to discuss. That's five to four. Ross, Massey, Dempster, Dawkins and Smith to consider the expenses at least of Dr. Hunter. Cheek, McBryde, Kendrick and Torrey in opposition. And I'd like . . . Let's us go to Dr. Hunter first and then the Council can whatever. Okay, Mr. Smith. Smith: Mr. Mayor, I just got this a while ago when I sat down and as I was reading through it, there was some disturbing things in there. I don't recall us agreeing to pay Dr. Hunter any fee to come to Fayetteville. We asked him to come to Fayetteville to talk about the possibility of us hiring him for a contract. Therefore I believe he is entitled to his expenses of motel and travel, but as far as a time allotment, I cannot support that Mr. Mayor. Dawkins: All right. Smith: So I'd like to make a motion if I could. Dawkins: Okay. Smith: If it's in order. Dawkins: Yes sir, you may. Smith: That we reimburse Dr. Ronald D. Hunter the sum of $850.33, is that correct Roger? Dawkins: The chair says that's correct. Smith: $850.33. Dawkins: Okay. All right, is there a second to that motion? Ross: Second. Dawkins: All right Ms. Ross. ________: Separate issue. Dawkins: Okay now, we'll have discussion on what we reimburse Dr. Ronald Hunter. Motion is $850.33. Do I hear any discussion? McBryde: Mr. Mayor. Kendrick: [inaudible]. Dawkins: Mr. McBryde. Let me go to Mr. McBryde. McBryde: I think, you know, we all agree on this and I think that's real nice. I just wanted to let him wait another week or two. That's why I voted against it. Dawkins: I was hoping I could vote, but any way. All right, Mr. Kendrick, did you want to say something? Kendrick: Mr. Mayor, just for information, just want to read one little excerpt and it may have been what Mr. Torrey was talking about. From the facts that I received today . . . Dawkins: Yes. Kendrick: . . . from Mr. Hunter. Dawkins: Yes. Kendrick: At Mr. Massey's request, I will reduce my fee to $200 per hour to match Mrs. Grant's offer of March 11, 1997. I didn't know she'd made an offer of $200 an hour. This fee reduction is contingent upon my receiving payment of $4,900.33 by April 1. If this payment is not received, I will retain an attorney to collect the original fee and expenses of $5,912.83. I thought the community would like to hear that. Dawkins: All right. I like some of the other parts of it. Smith: I do too. McBryde: Shaking hand, kissing baby. Dawkins: Yea. All right, any other . . . McBryde: I thought that was the only accurate thing to say. Dawkins: That's right. Kendrick: Mr. Mayor, I [inaudible] . . . But I still, I still don't agree. We've got Mrs. Hunter or Ms. Hunter has not . . . Smith: Ms. Grant. Kendrick: Ms. Grant has not given us . . . who knows whose going to do the investigation [inaudible]. I don't . . . I still don't . . . We've not received her cost or at least I don't have her cost on what . . . Dawkins: No, no, we're just talking about Dr. Hunter. Kendrick: I know this. Dawkins: Okay. Kendrick: But we're doing this piecemeal so I can't vote for the motion. Dawkins: Okay. Well the chair, you know, I want to do them. Kendrick: Well that's fine. Dempster: [inaudible]. Torrey: [inaudible]. Dawkins: Mr. Torrey. Same. Okay. All right, I'll ask for your vote. Massey: Excuse me. Dawkins: Yes, Mr. Massey. Massey: In that Mr. Kendrick has so graciously read a portion of that particular document, I really think he ought to complete the process and read the whole thing. So if we're going to, if were going to give part of the story, we ought to give the entire story to the public. Dawkins: I'd rather in lieu of time, we'll make copies for anyone Mr. Massey. Did you want to read the whole thing? Massey: Well I would like for Mr. Kendrick to read the whole thing in that he decided that it was necessary to be sure that we were aware. I want . . . Dawkins: Well, I think. Massey: I'm sure he would like to simply select [inaudible] . . . Dawkins: Well let me say this. I know, but I think Mr. Torrey was having us refer to that and Mr. Kendrick read it. I just . . . I don't mind, I really like some parts in there about the Mayor. But if we . . . That's up to Council . . . Dempster: Does Mr. Kendrick have any objections to reading the whole thing since he . . . McBryde: I can't believe that these councilmembers [inaudible]. I mean they can tell staff what to do, but dam if they can tell another councilmember what to do. Massey: Unless I'm asking you. Kendrick: I thank you Mr. McBryde. I appreciate that. Dempster: I don't think anybody was telling him, we're asking him. McBryde: I believe that you were trying to. Dawkins: All right. Mr. Kendrick, do you want to read the whole thing? Kendrick: No. Dawkins: All right. Kendrick: Mr. Mayor. I leave lengthy reading to other councilmembers, thank you. Dawkins: All right. All right. Okay. Well, all right I have . . . Massey: Mr. Mayor. Dawkins: Go ahead Mr. Massey. Massey: If you will make this letter in its entirety available to whomever and the public . . . Dawkins: Yes. Massey: . . . without regard to having to read it at this particular point and time, I would think that would be sufficient and I would hope that as the process unfolds, that we don't selectively report it, but we tell the whole story. Dawkins: Okay. Well that'd be good. We can . . . Staff . . . Kendrick: Mr. Mayor, Mr. Mayor . . . Dawkins: . . . could make copies. Kendrick: You know, if I may . . . Dawkins: All right. Kendrick: I sit back and listen to some of this stuff . . . McBryde: Yep. Kendrick: . . . and I have done my absolute upmost to be as decent to councilmembers as possible, but here I read a letter coming back from Mr. Hunter, and we're talking about having a big discussion about what Dr. Cheek wanted to put into a motion saying that all councilmembers, because we had councilmembers that weren't too sure, and here we've got Mr. Massey calling Dr. Hunter up or Mrs. Grant to work out the contract fees. Now you're talking about . . . Dawkins: Okay. All right. Kendrick: If I may finish, it's ridiculous. Dawkins: Thank you. All right, thank you Mr. Kendrick. What we're going to do, Mr. Stancil we'll have some copies made. I want to keep mine, but we'll have some copies made. Torrey: [inaudible] motion. Dawkins: Okay, the motion is $850.33 made by Mr. Smith, seconded by Ms. Ross. Any other discussion on the motion? McBryde: Mr. Mayor. Dawkins: Mr. McBryde. McBryde: I'm going to change to the vote against it because I don't think we ought to pay him that, we ought to let him sue us. Dawkins: All right. All right. Are you'll vot . . . All right, we're going to vote. Let's vote. This is to pay the $850.33 and that is another time and I'm going to vote to pay that gentleman $850.33. Okay, Mr. Cogswell I guess that can pass for a simple majority. Council I appreciate that, I mean, well let me. Ross, Massey, Dempster, Smith and Dawkins voting in favor. In opposition, Cheek, McBryde, Kendrick and Torrey--in opposition to pay the gentlemen $850.33. Thank you so very much Council. Now let's go on to the other part about Mrs. Cheryl Grant. Now just as a clarification, the chair has . . . Mr. Stancil, if you'll come. I just want to ask you or Mr. Cogswell. Have we received anything from Ms. Grant about her . . . Didn't we talk in primary so everybody know the March 5 visit by Ms. Grant. So we have not received from Ms. Grant a bill for her expenses . . . Stancil: That's correct. Dawkins: . . . like we did from Dr. Hunter? Stancil: We have not receive an invoice from Ms. Grant. Dawkins: Okay. Kendrick: Have we requested one? Stancil: I have not requested one. Dawkins: Okay. Well let's go to Council for their pleasure since . . . Of course we've made the contract with Ms. Grant so we'll be seeing her a lot. What is Council's pleasure? McBryde: That we have to address it when we get a bill from her. Smith: I think wait till she bills us. Dawkins: Well that, that was my feeling that we'd want the bill . . . Smith: And if she wants to include it under the contract that's fine. Dawkins: All right . . . ________: If she doesn't, what happens? Dawkins: . . . if that's all right . . . Smith: We'll consider . . . Dawkins: . . . with Council, we'll just proceed until we hear from her. ________: [inaudible] time. Cogswell: Well you've addressed the travel and the lodging. ________: Okay. Smith: So there's no time. Cogswell: The only other question is does she want to be paid for [inaudible]. Smith: Well in that case . . . Dawkins: Okay. So we've addressed the travel. That's right we have. Okay. Massey: And the bottom line, if we did not pay Mr. Hunter for travel, we shouldn't, I mean, for time, we should not also pay . . . Smith: I was going to make a similar motion. Massey: . . . Attorney Grant and I have no problem with that at all. ________: Mr. Mayor. Dawkins: Well what do we want to do, make a motion then. Cogswell: Right now . . . Smith: You don't need a motion. Cogswell: . . . you can just pay the travel and lodging. You don't have to do anything else. Smith: You don't need a motion. Dawkins: All right. Okay. So we'll pay her. In other words, we'll treat her the same as . . . Smith: Right. Dawkins: . . . Dr. Hunter. Okay. All right. Thank you so much Council. Mr. Cogswell. 4. Presentation on City's Home Page. Ms. Alyson Nance, of Fayetteville On-Line, made a slide presentation on the City's Home Page. Councilmember Cheek made a motion to add to the Web Site the City Council's goals, seconded by Councilmember Massey and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. 5. Presentation of street lighting report from Fayetteville Police Department. Interim City Manager Roger Stancil presented this item. He gave a report on the progress of the street lighting study that had been prepared by the Police Department and PWC's staff. Mr. Stancil reported that emphasis had been placed in two primary areas, (1) the neighborhoods which had received an inordinate amount of police calls for service and where an improvement of street lighting could possibly reduce and slow the crime rate and (2) the major thoroughfares leading into the City. Mr. Stancil pointed out several issues which would need to be addressed as a work program and budget are developed. He commended the Police Department and PWC for their excellent work and recommended that the project continue with the unresolved issues being addressed in a more detailed report to be brought back to Council in December. Lieutenant Bobby Belcher, of the Police Department, presented the study and explained its contents and the survey analysis methodology which had been used to determine the study's results. A discussion period ensued with Councilmembers commending the staff for a job well done. The Councilmembers expressed their approval of the priority list. Councilmember Cheek employed PWC to put a significant dollar amount in their upcoming budget for this lighting project. Councilmembers expressed their intentions to address this project in the budget preparation for the Fiscal Year 97-98. 6. Consideration of adoption of resolution requesting sidewalk installation and traffic signal mast arm installation on Robeson Street by N.C. DOT. RESOLUTION REQUESTING THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION TO CONSTRUCT SIDEWALKS AND TRAFFIC SIGNAL MAST-ARM POLES ON ROBESON STREET. RESOLUTION NO. R1997-021. Councilmember Kendrick moved to adopt the resolution, seconded by Councilmember McBryde and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. 7. Solid Waste Management issues: A. Results of telephone survey. Interim City Manager Roger Stancil presented this item. He explained that the Customer Focus Team had conducted a survey of over 1,000 city customers for their opinion concerning household pickup schedules during holidays. The survey was conducted during November 1996. The results of the survey revealed that residents preferred to have pickup after the holiday and therefore, the staff's recommendation was to have trash pickup on Saturday after a holiday because it would not interfere with the other days of pickup. The survey also revealed that the primary source of information on changes of schedules is the newspaper and this creates a need to find a way to reach citizens who do not receive the paper. Mr. Stancil stated that the Yard Waste Focus Group will be forthcoming with a report on their recommendations for dealing with yard trash on a year-round basis. B. Proposal for final Fran cleanup. Interim City Manger Roger Stancil presented this item. He proposed a three-week spring cleanup of Fran debris between April 7 and April 26, 1997. This project will coordinate with the North Carolina Department of Transportation's cleanup campaign. Mr. Stancil presented the proposed advertisement process that would be used to notify citizens. Councilmember Cheek inquired about FEMA reimbursement. Mr. Stancil replied that the work needed to be done first and then application could be made for FEMA funds. However, at this point it was not known whether there would be funds available for reimbursement. Mr. Stancil proposed using a combination of city crews and contract crews to complete this task. The city crew would be dedicated to picking up the yard in a sweep across the City for a couple of weeks and this would result in the cessation of normal yard waste pickup for that time span. He recommended that city crews be supplemented with four contract crews. The cost for this campaign would run approximately $180,000 at the most and would be paid for out of current Solid Waste Management Budget funds. A question and answer period ensued. Councilmember Smith moved to approve the cleanup plan as presented, seconded by Councilmember Kendrick and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. 8. Discussion of City Council Goals. Interim City Manager Roger Stancil presented this item. Mr. Stancil explained the format of the goals had been changed to make them more concise. He stated he would like to have the budget for 1997-1998 reflect the Council's goals and therefore, needed their approval. Councilmember McBryde moved to adopt the City Council goals as presented, seconded by Councilmember Kendrick and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. 9. ADMINISTRATIVE REPORTS: A. Discussion of proposed submission by search firms for the position of City Manager. Mayor Dawkins reported that six proposals had been sent out and four responses had been received. He stated he was going to have Ms. Barbour check references and he would come back with a summary of the four responses to include background information. Councilmember McBryde stated he did not want to do anything until November 1997 because he felt the new City Council should hire the City Manager. Councilmember Cheek expressed her concern about the Council not being able to reach a consensus about exactly what they want from a Manager. She stated she felt the new Council could learn a lot about government from participating in the process and she did not want to rush the selection process. Councilmember Dempster stated he felt it was ridiculous to wait until November to move the City forward. He moved to hold a special meeting on March 31, 1997, at 7:00 p.m. to discuss the selection of a search firm for the City Manager position, seconded by Councilmember Ross. The motion carried by a vote of 5 to 3 with Councilmembers Kendrick, McBryde, and Cheek in opposition and Mayor Pro Tem Blackwell excused. Councilmember Cheek stated that the Council is embarked on a difficult time and the Council represents the City of Fayetteville. She stated everyone was trying to do their best job and as they see it. She expressed it was important that Council try to maintain some type of stability and not question each other's motives when they say what is in their hearts or what our constituents have asked for them to present. Councilmember Cheek stated that everybody needs to both present and preserve the dignity of the City. Councilmember Massey stated he appreciated what Dr. Cheek had said and he too hoped everyone would honor her request and remember that we represent a very proud City of Fayetteville. B. Administrative actions regarding "A Complete Fayetteville Once and For All." C. Memorandum to PWC Board from General Manager regarding petition concerning PWC. (Uptown Revitalization Fund) Councilmember Smith inquired about the status of the railroad crossings in the downtown area. Mayor Dawkins gave an update and stated he felt good about the possible results. Mayor Dawkins stated he felt there would possibly also be some financial help forthcoming for this project. 10. Consideration of a referendum on November 4, 1997, on the Marvin Plan. Councilmember Dempster introduced this item. He moved to put on the ballot on November 4, 1997, the question, Would you like to have your property taxes raised for downtown revitalization, seconded by Councilmember Ross. City Attorney Robert Cogswell reviewed the referendum process and stated there must be a local act from the legislature in order to have a referendum. The referendum should be a non-binding, advisory referendum with very specific language. A lengthy discussion was held with the Councilmembers expressing their opinions regarding the referendum and their concerns about the revitalization of the downtown area. Councilmembers Dempster and Ross were in favor of the referendum and Councilmembers Torrey, Kendrick, Smith, McBryde, Massey, and Cheek were opposed to holding the referendum prior to receiving the information from Mr. Marvin. The Councilmembers who were opposed stated that a referendum would be held when all the facts were in and the citizens could then make their decision as to whether or not they were in favor of the project. Councilmember Smith made a friendly amendment that we hold off on this vote until after the schematic design comes back and before any more money is spent and then the vote could be put to the public, not tied to the referendum as far as the bond issue, the tax increase, or anything else, but just a yes or no vote. Councilmember Torrey seconded the motion. City Attorney Robert Cogswell clarified the motion as it was stated and explaind if there was going to be a referendum down the road and not in November he would have to submit a bill in Raleigh in January. Discussion followed regarding whether Councilmember Smith's motion should be a substitute motion or a friendly amendment. Councilmember Smith asked Councilmember Dempster to change the wording in his motion. Councilmember Dempster stated that his motion would stand. Councilmember Smith then changed his friendly amendment to a substitute motion. Discussion followed regarding the consequences of the motion and the obligation the motion would impose on a new Council if it were passed. Mayor Dawkins called for a vote on the substitute motion. It was defeated by a vote of 6 to 2 with Councilmembers Smith and Torrey in favor and Councilmembers Kendrick, McBryde, Massey, Cheek, Ross, and Dempster opposed and Mayor Pro Tem Blackwell excused. Councilmember Dempster stated he felt his motion was important because it was necessary for future Councilmembers to know how the public felt about this project. Further discussion was held on whether a new Council would be bound by action taken by this Council. Mayor Dawkins called for the vote on the original motion to hold a referendum on November 4, 1997, on the Marvin Plan. Councilmember Cheek asked for clarification of the term Marvin Plan. Councilmember Dempster stated it applied to Phase I of the plan. Discussion ensued regarding government obligation bond versus COP's. The motion was defeated by a vote of 6 to 2 with Councilmembers Ross and Dempster voting in favor and Councilmembers Torrey, Kendrick, McBryde, Smith, Massey, and Cheek voting in opposition and Mayor Pro Tem Blackwell excused. INFORMATION ITEMS: 1. Letter from County of Cumberland regarding PWC appointments. 2. Copy of proclamation designating the Week of March 24-28, 1997, as College Tech Prep Week. 3. Parks and Recreation Advisory Commission - agenda for March 24, 1997. 4. PWC - minutes of January 22, February 12 and February 17, 1997. 5. FAEDC - minutes of February 18, 1997. 6. FACVB - minutes of February 13, 1997. Councilmember McBryde moved to adjourn the meeting, seconded by Councilmember Kendrick and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. There being no further business the meeting was adjourned. SPECIAL MEETING MARCH 31, 1997 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING LAFAYETTE ROOM MARCH 31, 1997 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: Janet Jones, City Clerk Ron Hansen, Chief of Police Members of the Press Mayor Dawkins called the Special Meeting to order. He announced that former Councilmember Jimmy Jones died. Mayor Dawkins stated Mr. Jones was a member of City Council from December 14, 1981, to December 6, 1987. Mayor Dawkins gave an overview of the request for proposal procedure that had been used in the selection of a search firm for the City Manager position. He stated that six requests had been sent out and responses had been received from the following firms: Municipal Advisors, Inc. Box 45 Virginia Beach, VA 23458 Slavin Management Holcomb Bridge Road, Suite B-1 Norcross, GA 30071-1357 Mercer Group, Inc. One Lakeside Common 990 Hammond Drive, NE, Suite 510 Par Group 100 N. Waukegan, Suite 200 Lake Bluff, IL 60055-0005 Mayor Dawkins stated his objectives for the meeting were to select a firm and to discuss a date to meet with that firm. Councilmember Cheek inquired about the absence of a staff attorney. She requested that in the future an attorney be present for their meetings. Councilmember Torrey moved to appoint Mayor Dawkins as Chairman of the Selection Committee, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. Councilmembers discussed the pros and cons of hiring a City Manager within a 90-day time frame. Councilmembers McBryde, Cheek, and Kendrick stated their opposition to hiring a City Manager prior to the election in November. Councilmember Torrey requested that the Par Group be eliminated from consideration by the Council because their proposal did not include follow up. It was the consensus of the Council to follow Councilmember Torrey's recommendation. Councilmembers held an in-depth review of the submitted proposals and discussed the qualifications of each of the firms submitting a proposal. Mayor Dawkins called for a straw vote to try and establish the Council's preference. Mayor Dawkins called for a second vote between the two prefered submissions, Slavin Management and Municipal Advisors, Inc. Municipal Advisors, Inc. was selected by a vote of 6 to 3. Councilmember Smith moved to hire Municipal Advisors, Inc., seconded by Councilmember Ross. The motion carried unanimously by a vote of 9 to 0. It was decided a date would be set at the April 7, 1997, meeting for the initial conference between Municipal Advisors, Inc., and the City Council. Councilmember Kendrick moved to adjourn the meeting, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. There being no further business the meeting was adjourned at 8:00 p.m. REGULAR MEETING APRIL 7, 1997 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER APRIL 7, 1997 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1)-(arrived at 7:10 p.m.); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Absent: J. Breeden Blackwell (at-large)- (left due to an emergency prior to Item 7) Others Present: Roger L. Stancil, Interim City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Karen Musgrave, Assistant City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Kathy Kem, Planning Staff Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Dr. Lawrence E. Johnson, Pastor of the John Wesley United Methodist Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins announced that Councilmember Smith would be late arriving at the meeting. Councilmember Dempster moved to excuse Councilmember Smith, seconded by Councilmember Ross and carried unanimously by a vote of 8 to 0. CHARACTER EDUCATION CONCEPT FOR APRIL, 1997: CITIZENSHIP 1. APPROVAL OF AGENDA Interim City Manager Roger Stancil requested to remove Item 6 from the agenda per the request of Ms. Mary Hendrickson, Director of The Coalition of Services to the Homeless. He also requested to add Item 14.C, Consideration of setting a special meeting with Municipal Advisors, Incorporated, the search firm for the city manager position. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Councilmember McBryde requested to pull Item 2.B and Mayor Pro Tem Blackwell requested to pull Item 2.L. Councilmember McBryde moved to approve the consent agenda with the exceptions of Items 2.B and 2.L. After a second from Councilmember Kendrick, the consent agenda and following items were unanimously approved by a vote of 9 to 0. Councilmember Smith arrived during the discussion of this item and was present for the vote. A. Approve minutes of regular meeting of March 3, 1997. B. (Pulled for discussion) C. (P97-16F) Approve the initial zoning to PND Planned Neighborhood District or to a more restrictive classification for an area to be developed as the Cumberland County North Regional Branch Library located at the southeast corner of the intersection of Rosehill Road and McArthur Road. Containing 7.50 acres more or less and being the property of Cumberland County as evidenced by map and legal description furnished by the City of Fayetteville, being all of Annexation Ordinance Number 97-2-419, and being annexed by the City of Fayetteville, effective February 17, 1997. D. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, Section 20-21, Traffic Schedule Number 6 Stop Intersections at various locations. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1997-007. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1997-008. Copies of the forgoing ordinances are on file in the City Clerk's office in Ordinance Book NS1997. E. Refer review of options for Legend Avenue corridor plan to the Streets and Roads Committee. F. Adopt resolution authorizing the condemnation of Parcel S-5 - Cardinal Circle paving. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1997-022. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. G. Approve advertising for upset bids the offer to purchase a parcel of land located in the vicinity of Valencia Drive. H. Approve advertising for release of easement to Edgar C. Johnson and wife, Leanna K. Johnson. I. Adopt resolution setting public hearing for May 5, 1997, to consider the paving of Racepath Street from Locust Street to dead end. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF RACEPATH STREET FROM LOCUST STREET TO DEAD END. RESOLUTION NO. R1997-023. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. J. Adopt resolution authorizing City Manager to execute and file applications and amendments on behalf of the City with the U.S. and N.C. Departments of Transportation for financial assistance in operating the Fayetteville Area System of Transit. RESOLUTION AUTHORIZING THE FILING OF (AN) APPLICATION(S) WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA AND THE DEPARTMENT OF TRANSPORTATION, STATE OF NORTH CAROLINA, FOR (A) GRANT(S) UNDER THE FEDERAL TRANSIT ACT OF 1991, AS AMENDED. RESOLUTION NO. R1997-024. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. K. Authorize Interim City Manager to execute NC-90-X202 grant agreement for replacement vehicles, maintenance truck and installation of ac/heating system for Transit maintenance shop. L. (Pulled for discussion) M. Approve amendment to Resolution No.1996-081 to allow sale of surplus radios to all governmental agencies within North Carolina. AN AMENDMENT TO RESOLUTION NO. R1996-081 (DECLARING CITY OWNED PERSONAL PROPERTY (VHF & UHF RADIO EQUIPMENT) SURPLUS AND AUTHORIZING DISPOSAL VIA PRIVATE NEGOTIATION AND SALE AS ALLOWED BY N.C.G.S. 160A-274.) TO ALLOW SALE TO ALL GOVERNMENTAL UNITS IN NORTH CAROLINA. RESOLUTION NO. R1997-025. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. N. Approve immediate purchase contract for sporting goods to Coleman Sporting Goods (Fayetteville, NC), lowest responsible bidder, and continuing contract through 1999 for future needs to include the waiver of performance bond due to reliability of vender. O. Adopt resolution requesting the Local Government Commission to approve the financing team in connection with the issuance of proposed City of Fayetteville, Public Works Commission Revenue Bond Series 1997. RESOLUTION REQUESTING THE LOCAL GOVERNMENT COMMISSION TO APPROVE THE FINANCING TEAM IN CONNECTION WITH THE ISSUANCE OF PROPOSED CITY OF FAYETTEVILLE, PUBLIC WORKS COMMISSION REVENUE BOND SERIES 1997. RESOLUTION NO. R1997-026. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. 2.B. Approve contract with Municipal Advisors, Inc., for services involved in the search for a city manager. Councilmember McBryde requested to pull this item. He stated he did not intend to vote for this item because he did not feel this was the correct time to hire a City Manager. Mayor Pro Tem Blackwell stated he hated to see this because the Council had unanimously voted for this firm at the special meeting which was held to discuss this item. Councilmember McBryde replied that action was to select which group we preferred and at that meeting he had expressed the same feeling that he was expressing tonight. Councilmember Cheek stated this was her sentiment also and she would be voting against the item. Councilmember Ross moved to approve the contract, seconded by Councilmember Torrey. The motion carried by a vote of 6 to 3 with Councilmembers Kendrick, McBryde, and Cheek in opposition. 2.L. Approve the sale of 14 Certificates of Public Convenience and Necessity for taxicab franchises in the City of Fayetteville. Mayor Pro Tem Blackwell pulled this item for discussion. He requested clarification on the process being used in the sale of the taxicab franchises. Interim City Manager Roger Stancil stated these were within the 108 certificates which had been previously approved by the Council. Mayor Pro Tem Blackwell moved to approve the sale, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. 3. PUBLIC HEARINGS: A. Consideration of installation of traffic signal at intersections of Ramsey Street/Kinlaw Road/Ridgeway Drive. Assistant City Manager Jimmy Teal presented this item. This is the advertised public hearing set for this date and time. The public hearing opened at 7:16 p.m. Appearing in favor of stop lights at both Ridgeway Drive and Kinlaw Road were: 1. Mr. Gerald Woodall, 5594 Lockridge Road, Fayetteville, NC 2. Mr. Richard Bull, 5591 Whithorn Court, Fayetteville, NC 3. Ms. Lori Propst, 5557 Hartfield Court, Fayetteville, NC 4. Mr. James Cashwell, 6226 Falkland Court, Fayetteville, NC Mr. James Cashwell presented a petition with 76 signatures which requested the installation of the two stop lights. Appearing in opposition: 1. Mr. Al Yasbick, 5505 Hartfield Court, Fayetteville, NC There being no one else present to speak either in favor or opposition the public hearing closed at 7:25 p.m. Councilmember Smith moved to approve option 1, a stop light at both Ridgeway Drive and Kinlaw Road with one control, seconded by Councilmember Kendrick. The motion carried unanimously by a vote of 9 to 0. 4. Consideration of Lease Agreement with Fayetteville Partnership for use of the Market House. Interim City Manager Roger Stancil presented this item. He stated the lease would run for six years with an option to renew for four years. He also stated the lease had been advertised as required by North Carolina General Statute. RESOLUTION AUTHORIZING THE LEASE OF THE MARKET HOUSE TO FAYETTEVILLE PARTNERSHIP, INC. RESOLUTION NO. R1997-027. Councilmember Kendrick moved to approve the lease, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. 5. Consideration of sale of the Fire Station property on Bow Street. Interim City Manager Roger Stancil presented this item. Mr. Stancil stated the upset bid process had been completed and no upset bid had been submitted. Mr. Stancil stated Mr. Mike Williford had presented a proposal of $125,000 for the purchase of the property after the bid process had been completed. He presented Council with their options on the sale of this property. Councilmember Cheek moved to authorize staff to negotiate the sale of the land to First Presbyterian Church for the amount of $125,000, seconded by Mayor Pro Tem Blackwell. A discussion ensued regarding the Church Congregation's commitment to the proposal and the shortfall in the anticipated sales price which amounted to $35,000. Interim City Manager Roger Stancil stated he believed the cost of the project would not be increased and that a delay in the purchase of new beds and other furnishings would result in making up the difference in the deficit amount of $35,000. Mayor Dawkins called for the vote on the motion and the motion carried unanimously by a vote of 9 to 0. 6. Consideration of request to address City Council from Mary Hendrickson, Director, The Coalition on Services to the Homeless. This item was withdrawn per the request of Ms. Mary Hendrickson. Mayor Pro Tem Blackwell asked to be excused from the meeting due to a family emergency. Councilmember Kendrick moved to excuse Mayor Pro Tem Blackwell for the remainder of the meeting, seconded by Councilmember Ross and carried unanimously by a vote of 8 to 0. 7. (P97-10F) Consideration of the rezoning from C1 Local Business District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located on the north side of Blount Street between Gillespie Street and Worth Street. Containing .28 acres more or less and being the property of Bettie W. Downing as evidenced by deed recorded in Deed Book 3799, Page 583, Cumberland County Registry. This item was presented by the planning staff. Councilmember Kendrick moved to set a public hearing for April 21, 1997, seconded by Councilmember Torrey and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. Councilmember Cheek requested to have a copy of the "Fayetteville Once and For All" plan to include this site at the public hearing for Council's consideration. 8. (P97-11F) Consideration of the rezoning from P2 Professional District to C1 Local Business District or to a more restrictive zoning classification for an area located between Tally Ho Drive and Claude Street. Containing .83 acres more or less and being the property of James and Elaine Hondros; James and Elaine Hondros, and George and Sandra Herndon, Jr., as evidenced by deeds recorded in Deed Books 3298, Page 112, and Book 2983, Page 389, respectively, Cumberland County Registry. This item was presented by Ms. Kathy Kem. Councilmember Kendrick moved to set a public hearing for June 2, 1997, seconded by Councilmember Cheek and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. 9. (P97-12F) Consideration of the rezoning from PND Planned Neighborhood District to C1 Local Business District or to a more restrictive zoning classification for an area located at 5703 Cove Crest Circle and an adjacent area located on the north side of Cliffdale Road east of Waters Edge Drive. Containing 4.26 acres more or less and being the property of Constantin Saliba as evidenced by deed recorded in Deed Book 3048, Page 309, Cumberland County Registry. This item was presented by Ms. Kathy Kem. Councilmember McBryde moved to set a public hearing for May 19, 1997, seconded by Councilmember Smith and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. 10. (P97-14F) Consideration of the rezoning from R6 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 2821, 2823, 2825, 2827, 2829, and 2831 Arlington Avenue. Containing 1.04 acres more or less and being the property of James H. and Kay Gilbert as evidenced by deed recorded in Deed Book 4610, Page 82, Cumberland County Registry. Assistant City Manager Jimmy Teal presented this item. A discussion was held and it was decided that this request should be placed in the Breezewood study and a decision would be made after the study had been completed. Mr. Teal stated the plan would be placed on the April 15, 1997, agenda of the Planning Commission for their recommendation to Council. Councilmember Kendrick moved to continue this item until April 21, 1997, seconded by Councilmember Smith and carried unanimously by a vote of 7 to 1 with Councilmember Massey opposed and Mayor Pro Tem Blackwell excused. 11. Consideration of award of purchase contract to Custom Fire & Safety, sole bidder, (Autryville, NC) for one Thermal Imaging System with Transmitter. (Request waiver of Performance Bond). Interim City Manager Roger Stancil presented this item. He recommended the award of the contract to include a waiver of the performance bond. Councilmember McBryde moved to award the contract and approve the waiver of the performance bond, seconded by Councilmember Smith and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. 12. Consideration of items for referral to City-County Liaison Committee. No referrals were made at this time. 13. APPOINTMENTS: A. Nominations needed to fill two vacancies on Appearance Commission. The following nominations were made: 1. Mr. Tommy Davis (nominated by Councilmember Kendrick) 2. Mr. Charles Matthews (nominated by Councilmember Massey) B. Election of nominee to fill one vacancy on City Planning Commission. Mr. Jack Cox was appointed to fill the term of Mr. Chris Harris. Mr. Cox's term will expire July 1997. C. Election of nominees to fill two vacancies on Redevelopment Commission. The following appointments were made and the terms will expire in December of 1999: 1. Mr. Jonathan L. Warren, Sr. 2. Mr. Inson Brown D. Nominations needed to fill two vacancies on Taxicab Review Board. The following nominations were made: 1. Mr. David Walker (nominated by Councilmember Kendrick) 2. Mr. Robert L McLaurin (nominated by Councilmember Kendrick) 14. ADMINISTRATIVE REPORTS: A. Report on advertisement for boards and commissions. Councilmember Cheek moved to go ahead and advertise as recommended, seconded by Councilmember Kendrick and carried by a vote of 7 to 1 with Councilmember Massey opposed and Mayor Pro Tem Blackwell excused. Councilmember Torrey requested to discuss the length of terms on the boards and commissions at the next meeting. B. Report on letter from HUD regarding follow-up to the Annual Community Assessment. The Council expressed their appreciation for the work that had generated this report. C. Discussion of setting a special meeting of the Fayetteville City Council and Municipal Advisors, Inc., for the City Manager vacancy. Councilmember Kendrick moved to set a special meeting for April 15, 1997, at 5:30 p.m., in the Lafayette Room of City Hall for the purpose of meeting with the Municipal Advisors, Inc., seconded by Councilmember Massey and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. INFORMATION ON PUBLIC HEARINGS SET: April 21, 1997: Consideration of reduction of speed limit in the Westwood Subdivision Area. (P97-9F) Consideration of the rezoning from R6 Residential District to M2 Industrial District or to a more restrictive zoning classification for an area located along the northeastern portion of Distribution Drive and west of Rose's Lake. Containing 59 acres more or less and being the property of March F. Riddle as evidenced by deed recorded in Deed Book 4594, Page 508, Cumberland County Registry. (P97-15F) Consideration of an application by L. Stacy Weaver, Jr., for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-24(3) to allow a retirement community, to include nursing, assisted living, and independent living facilities and commercial amenities to exclusively serve this facility in an R5 Residential District for an area located near the intersection of Cliffdale Road and All American Freeway. Containing 17.07 acres more or less and being the property of Woodruff Corporation as evidenced by deed recorded in Deed Book 3199, Page 434, Cumberland County Registry. INFORMATION ITEMS: 1. TCC (Transportation Coordinating Committee)- minutes of February 10, 1997. 2. Update on training for Zoning Commission and Board of Adjustment. 3. Report on position of traffic signal heads at Russell Street/Old Wilmington Road. 4. Report on flooding complaint in the vicinity of Owen Drive and the All-American Expressway. 5. Report on flooding complaint from Glenwick Drive residents (Evergreen Estates). 6. Copy of letter from citizen regarding customer service involving the Planning and Development Department. 7. PWC - minutes of March 12, 1997. 8. Redevelopment Commission - minutes of March 12, 1997. Councilmember Smith moved to adjourn the meeting, seconded by Councilmember Kendrick. There being no further business the meeting adjourned at 8:15 p.m. SPECIAL MEETING APRIL 15, 1997 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING CITY HALL COUNCIL CHAMBER APRIL 15, 1997 5:30 P.M. Present: Mayor J. L. Dawkins Councilmembers Milo McBryde (at-large) Chris Dempster (at-large) (arrived after meeting started); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4) (arrived after meeting started); Suzan Cheek (District 5); Mark Kendrick (District 6) Absent: Councilmember J. Breeden Blackwell (at large) Others Present: Robert C. Cogswell, Jr., City Attorney Jason Brady, Public Information Officer Roger Scott, VP Municipal Advisors, Inc. Members of the Press Dawkins: I'd like to call this special meeting to order. We do have a quorum here. Ms. Barber got a message that Mr. Torrey would be late, I think he was out of town, but would be here, but would be here but be late. Mr. Dempster called and said he'd be about 15 minutes late, but we need to get started. And I believe Councilmember Breeden Blackwell is out of town. I'd like to introduce Roger Scott who is with the District Advisors Incorporated and will be with us for this meeting and then he'll be meeting with some of us individually tomorrow. And we have a schedule here. If anybody did not receive that schedule we have one for council members for their meeting with Mr. Scott. Roger, we're glad to have you. And also with us tonight is Mr. Bob Cogswell, our city attorney, just back from Europe. Glad to have Bob back. Cogswell: Thank you. Dawkins: And then there are others from the news media and the chamber. We do have with us Councilmember Susan Cheek. Always glad to have Larry Cheek with us. So let me turn it over to Roger. Roger, you sort of take if from here. Ross: Excuse me, Mr. Mayor. Dawkins: Yes. Ross: Will we be in here -- before I forget -- tomorrow, will we be in here? McBryde: Down there. Cogswell: City council conference room. Dawkins: Yes, next door. Be in the next room. Ross: Thank you. Dawkins: All right. Scott: Mr. Mayor, ladies and gentlemen, it's a pleasure to be here tonight. We're getting ready to embark on a very important and very serious process and my purpose for being with you all tonight is to meet with each one of you all tomorrow, is to find out what Fayetteville needs and what you all are looking for in the way of a city manager. I spent some time with the Mayor today getting the historical view of the managers that you've had in the past. And my experience is that you're probably going to receive, or we're probably going to receive on your behalf, 150 to 200 applications for this position, would be my guess. Bringing those 200 down to fifty is not going to be too difficult. Bringing those 50 down to the best 25 is going to be more difficult, then bringing that 25 down to the five or six most outstanding candidates is going to be the most difficult part of the job. When we get to that point, any of the finalists are going to be qualified and capable to do your job. It goes then away from science and investigation and comes down almost to a point of chemistry and who fits with you all, and who you all pick. I don't know whether you all have had any discussions among yourselves about the qualifications of the person you're looking for, or if, whether you've got any determination of the employment parameters as far as salaries, fringe benefits, those sorts of things. I did provide to you all, and I think probably most of you have that, some forms that we can use as a guideline or a starting point. I'll be glad to answer any questions that anybody has about how we're going to be proceeding or the process, or take any advice or guidance right up front if anybody has anything they want to share with me. Dawkins: Does anyone have any comments for Mr. Scott about it, that would help this forum, particularly the things they want to say up front, before we move further? McBryde: I'll assume he knows about the political atmosphere around here. I'm sure the leaders -- Dawkins: I sort of told him about that. McBryde: -- including you, that I, at least have said, that if this comes on the ballot for a vote in November, my side of the room is going to try to get rid of the manager. And I intend to tell everybody we argued that. Scott: I hadn't heard that part from the other side -- McBryde: Well, you've heard it now. We are divided more than any city council I've ever seen, and I feel like I'm going to be better off in November, but I might be out of here within less time, whatever happens. But if we can keep our same old vote, and it comes out -- somebody get's hired on that same vote, then I believe we're going to try to change managers in November, and I intend to tell everybody we interview that. Scott: I think it's only fair, in fact, I ought to tell them before they get here that that's-- McBryde: I think they should know that up front -- Scott: Sure. McBryde: -- because I've never seen anything quite like what we've got in __________ Scott: I understand from the Mayor that you all are going to elect all councilmembers in November, plus -- McBryde: There's a possibility of additional -- three additional members. Scott: Well, it's not going to make my job any easier -- McBryde: Oh, I know it's not. Scott: -- but it's, you know, it's well to know all these facts, or these concerns, these potential problems so that the candidates will be aware of them up front. I'm not going to write it in the ICMA newsletter when I run the advertisements, but I'll certainly tell them about it, I'll discuss -- McBryde: Yeah, I think that they should be made aware of it. Scott: Oh, sure. I wouldn't be doing my job for you all, you know, if we didn't try to make them as aware as possible of any implications they may have to deal with when they get here. Are there any other secrets like that I should know? (Several voices speaking at the same time.) McBryde: I think that's a pretty good one. Scott: Well I -- it's not a secret, I just have not been here before. Cheek: You mean it wasn't your RFP? (Laughter) Massey: Just out of curiosity, it was my understanding that any time that there is a majority vote, that for any city manager, at any point in time, anywhere in the world, anywhere in this country, normally given the council __________ would go, that would happen. Scott: No question about it. Massey: So, that's not really a big surprise. McBryde: No, it's not a big surprise -- Massey: Anybody who takes that job realizes that that's a part of the changing political role. McBryde: Well, I think they understand that, but I think that maybe you need to check the newspapers and things and get the political atmosphere in the city so you understand where I'm coming from. Cheek: Well, if I could, that's why I think that this session that we have now and the ones that you have tomorrow are just going to be very, very key because if we can come together with some criteria that most of us think that we can -- there seems to be more or less on the same wavelength of that, then that would be a very good story. And if we're not able to do that, then I think that would __________. I hope that won't be necessary, I hope we can work together, and describe the kind of manager that we all feel good about. And I'm also very, very distressed that we rescheduled this meeting with the Mayor Pro Tem being gone. I think something this important we really should have everybody here, and I understand -- I just found out after the meeting was already set that he had commitments that could not be changed and had been made long before this. So I hope we don't do that again. And as we continue this, that we do it when everybody can be there __________. Ross: Could I say something here? Dawkins: Um-hum. Ross: I'm not in that group she's -- he's talking about. I'm on that lower side. I just wanted you to know that. Dawkins: All right. He is briefly going to be talking to us __________ Cheek: I mean, we need every one of us, not just Breeden. Breeden is very important since he's the Mayor Pro Tem, but we need all nine of us. Massey: So, that I may have been Breeden, nor anyone else who is not here, will be excluded from this process, everybody will have that session or whatever you put into this process. Dawkins: Oh, yes. Massey: And that's very wholesome and a very positive step, I would think. Dawkins: Yes. Scott: Well, this the probably the most far reaching and important decision that council's going to make in the foreseeable future, so I think it is important that everybody be involved in -- although I wasn't aware the Mr. Breeden wasn't going to be here, I do have a number and I will be on the phone with him next week to see if he'll be back in town. And if necessary I'll come back and sit down with him face to face. Do you all have a -- did you have an employment agreement or any written details on the employment criteria for the manager that was here previously? Cogswell: Yes. Dawkins: Yes, we have a sort of varied agreement -- McBryde: Ten years old. Scott: So that hasn't been updated in quite a while. Dawkins: Well, it has been awhile since it's been updated. We've had it -- McBryde: Since we hired the last one. Dawkins: Well, we added in that severance a few years ago. McBryde: I thought we had that when we first drew that up. Dawkins: So, we really don't. We, you know, things haven't -- you know, I'm sure __________ years, more familiar with it than any of us, things have changed auld in the last 15 or 16 years overall. Scott: So have we. We've got some suggested formats for our employment agreement that we'll make available to you all if you all desires for having a reemployment agreement with the next manager, we'll be glad to supply you a __________ and you can go through and mark out there and then any of the things you'd like to have. I guess the first place to start is to discuss what type of salary you all see as a potential entry level salary; starting salary for this position and talk about the benefits, if that's all right with you all. I think Mr. Underwood, with the League, when he met with you all provided you some numbers from the largest cities in North Carolina and the type of salaries that are being paid at this time, running from a high of $136,000 in Raleigh, down to approximately $78,500 in Wilmington. Your previous salary fits somewhere in the middle of that, around $95,000. My experience would be that you all are going to be probably looking at probably close to that figure to attract the type of candidates that you're looking for a community this size and with the difficulties. But I would like for you all to tell me what you think -- numbers we ought to be looking for. All -- anything that you, that we put in the ad that you're going to offer, of course, are going to be based on qualifications and experience. We'll just be looking for a ballpark figure so we can know what to look for. McBryde: I just thought, __________ background. Kendrick: I put it $95 to $105. Smith: Mine's pretty close to Mark. I put $90 to $115. Dempster: I put $110 to $115, based on the kind of candidate that I think we need to fit. Scott: So it would be safe to say that we're looking at probably $95 plus to start, depending on qualifications and maximum potential probably at $110, $115,000? You know, if it's the best in the world walking in and -- McBryde: And I want to say too, that I think if we go very high what we're looking at a ripple effect, that everybody that works __________. So I think we should be careful with that. Scott: Y'all are going to have to resist that -- McBryde: And also we have probably a low cost of living around here than most of these big cities. So there's a difference. Scott: Do you all with furnish your city manager with a city automobile or pay a car allowance? Smith: Car allowance. Scott: What's your current car allowance for the city? McBryde: I didn't think you got one. Cogswell: No -- McBryde: He doesn't. Cogswell: Just mileage, like any other employee. Kendrick: I said thirty-three cents a mile. Scott: Okay. Cogswell: It's thirty cents a mile. Smith: I say __________ standard is -- ______: It's thirty one. Ross: -- IRS -- ______: IRS -- Smith: That's what I'm saying __________ Dempster: Can I ask you a question Mr. __________? Scott: Scott. Dempster: Scott. Now, for cities 110 - 15O or so, do they normally provide some type of automobile, or how does that normally work? For a bigger city, or a city that's growing, and you need -- Scott: Our experience is that most of the cities in this category provide a flat car allowance of $300 to $600, depending on what the city wants to do. Most of the time they do provide an automobile. Dempster: Okay, because I want us to consider that, and I don't know if we're doing it now, but I think we're moving forward and need to consider that. Kendrick: Didn't we have a big whoop-di-do about who was getting cars, and the city council agreed not to give out cars? Dempster: I think that was Breeden's issue about cars and -- ______: __________ Victoria's. (Laughter) ______: We can __________ the both of them now. Dawkins: I think John was the one that -- Dempster: And were we talking department heads at that point, or were we talking city manager, I can't remember what... ______: Here it is. Dawkins: Well, we were looking at everybody, actually, is Milo that __________ . McBryde: The most recent was -- McBryde: No. Years ago it was -- Dawkins: John, voluntarily __________ turned in to the city council. Scott: Well, in the old days they had a lot of managers had city cars, they had to go out a lot at night and on weekends, and somebody would call up the mayor and say I saw this city car parked at the 7-11 on Sunday night at 8:00, and so they got away from city cars and started providing allowances -- Smith: I used to drive a state car, so I know what you're talking about. Scott: Yeah, well when I was city manager I used to get a call on Sunday afternoon that says I saw a city car in Smithfield, you know, on Sunday afternoon, and I'd have to go do all this investigating and find out that somebody from social services was picking up an abandoned child. Massey: Can we hear from Attorney Cogswell? Cogswell: Well, I'm not going to squabble over pennies, but we've got a written travel policy, and right now it's thirty cents a mile for all employees. And why there's a penny's difference, I'll never know, but that's what it is. Scott: Well, I'll put thirty cents down unless I get some new direction. Cogswell: Yeah, and just be aware of the city policy. I'm not trying -- I'm just saying, that's what's wrong, when -- Smith: -- city policy then. Dawkins: Plus you can look at the fact if __________ is available for 300 or whatever, and -- Scott: Well, all of these are subject to negotiation that you all saying when you were -- when you're selecting a candidate and start kind of talking about these things. Can we assume professional duties and subscriptions to the ICMA -- Massey: Yes. Scott: I'm sorry. I'm from Virginia, __________ I'm sorry. (Laughter) Scott: Do you all normally pay the expenses of the manager to go to national or state __________ conferences? McBryde: Yes. Scott: How about his wife? ______: No. Scott: Or her husband? McBryde: Her husband? (Murmurs) (Laughter) (Several members talking at the same time) Scott: The spouse. ______: Whatever. Massey: Her husband or his wife. Scott: I would assume __________ training institutions -- I would guess that you all determined this at the time that you prepared a budget -- Smith: Yes. Scott: The manager has to take people out to lunch, to dinner, visit dignitaries, that sort of stuff, the city agree to reimburse those expenses? Cheek: Yes. Scott: Moving expenses. That's pretty standard, if you're going to hire somebody from outside the city or outside the state. ______: Yes. McBryde: Actually, the only one we ever did that with was the Police Chief, I believe. I would think we'd want to do it. ______: Yeah. McBryde: I would think you'd want to do it. ______: Yeah. Scott: Normally they say within reason, and rather than setting a dollar figure, because you never know where somebody's coming from. On the other hand, it the guys got a boat, six horses, and a house trailer, you don't want to be paying to move all those things up here, so do you all want to put a maximum, put a cap -- Cheek: Don't we want to set a limit? McBryde: Put a cap. Cheek: How much does it cost to move here? Five thousand? Is that -- Scott: At least. Any sizable move costs at least $5,000, so you can put that down as a max and then again, you know, if you all decide you want to hire somebody from California that's going to cost more that's going to move in, that's something you're going to have to deal with -- Cheek: Let's say limit five. Dempster: That's what I had, five grand. McBryde: I take that back, it's number six that we did that with the police chiefs __________ Dawkins: Right. Scott: House sale and purchase expenses is not something that's so critical in this area. It is a lot in California and places like that now. Some manager may come to you all and say, you know, I'm going to move here, and my children are still in school, I may need you all to offset some living expenses while I got family in two different places. Again, that's something that you all would negotiate, but I wouldn't recommend housing expenses unless it's something unusual that had ... (Murmurs) Scott: We're going to talk later about whether you want somebody that's very active in the community as far as city, clubs, Rotarian, or whatever. Do you all pay city club dues for your manager? Smith: No, we don't. McBryde: Let them pay for it. Massey: Well, are we going to pay for it? ______: No. (Several members talking at the same time) Scott: And, how about health insurance for the employee and the family? McBryde: Yes to all. Cheek: I think all __________ should be city policy on this. (Several persons speaking at the same time.) Scott: So, what I hear you saying is whatever the standard benefit package -- ______: Right. Scott:-- is for any city employee is going to be the package that you all want to present to your manager? Dawkins: Right, right. Scott: Do you all provide any disability insurance as part of your standard package? Dawkins: We do not. ______: No. McBryde: I think it's available to who wants buy it. Isn't that right? Dawkins: Yes. Oh, yes. McBryde: It's not available? ______: No. McBryde: It's not in his retirement -- Cogswell: I don't think it's any part of any __________ McBryde: Okay. Well, I know we don't supply it. __________ Cheek: Check on that one. Smith: I don't think we're going to able to discuss that one then. Cogswell: __________ with the personnel department about that. Scott: Are you all a member of the North Carolina retirement system? Cogswell: Yes. Scott: Does the employee contribute any money toward that? Cogswell: Sixty-six. McBryde: The employer does not contribute on retirement. Cogswell: The __________ contributes six and the employee contributes six. McBryde: No, I'm talking about like, a __________ Cogswell: Well that's different. That wouldn't apply over here. Scott: But for basic employees in the retirement system, the city pays six and the employee pays six? Cogswell: Six and six, mandatory. No change. Scott: Y'all are pretty conservative. McBryde: Yeah, we are. Scott: Did you or do you provide your manager with any sort of deferred compensation, and does the city contribute to it? Cogswell: His choice. It's his choice. Cogswell: His or her choice. Scott: Any other benefits that I need to aware of that we haven't discussed? Cogswell: There are other things that a city employee can purchase. There's a cancer policy he can purchase. We have a -- you can put dental -- dental is an option -- no. He get's it. It's optional for the family. But he get's it as the employee. There's also some other insurance. Scott: Is there life insurance policy? Cogswell: That's covers part of the L-G-E-R-S. I think it was perfectly stated earlier, whatever benefits any other city employee is entitled to -- Scott: I'll just get in touch with the Human Resources office, and say tell me what the standard benefit package comes with. Cogswell: What you need to get is the benefits booklet. Scott: Okay, I'll do that. I'll do that. I'd like to give us some guidelines to start with. On the second page where we listed some executive qualification factors that you all -- have you all prioritized that, or do you just want to talk about it, or just each one of you give me that list and let me go down and run an average and ... Cheek: I didn't understand the difference between that and the next couple of pages. Because it looks like they're the same thing... Scott: They do duplicate each other to a point. The second one, when we're talking about personnel selection, we're looking for specific levels, and the first one just talks about what which of these you can see as the most important to the city of Fayetteville. Some people want somebody with extremely strong financial skills, others want __________ skills, you know, depending on what the needs of the cities are. If you all want to just give me these sheets, I'll be glad to average them up, throw them together, and bring them back and say this is what you all showed me as approved. That's a large number of people there. If that's all right with y'all. Scott: That's all right. Smith: Works for me. Kendrick: Let me ask you something. The, this on what page we're talking about, the second page, the number of years in county and city management and county administration positions, does that mean be a city manager or county manager, or does that mean be an assistant county manager, or what does that... Scott: Well, number nine talks about being a chief executive officer, or either a city or county manager. Number ten talks about other responsible administrative positions maybe as an assistant, those sort of things. They also discuss that on the next page. McBryde: See, I though nine and ten were included in seven. You only wanted us to put five; right? Scott: That would be, you know, you could number them all if you want to, but normally the top five is the most important ones that we look at. So if you all will just let me have those and I'll tally them and see what we come up with. Selection profile. Are we looking for a college graduate, looking for somebody with a Master's degree, do you all... McBryde: I think a Masters in Public Administration. Cheek: Or a Masters in something. Scott: A Masters in public administration as a starting point, is a target place on those -- ______: Uh-huh. Dawkins: Yeah. Scott: How many years experience are we talking about? You got any strong feelings there? Ross: At least five. Dawkins: Oh, yeah. Scott: As a manager? Smith: I would say at least five in a city of 100,000 people. McBryde: I don't think it has to be as a manager. I think it has to be as a manager, or as a top assistant. I mean, you may have some guy that's been in Raleigh, the number two man for fifteen years, and that would be hard to beat. Scott: All right, so I think that's the next question. If they haven't served as a city manager before, you know, if they hadn't served as a manager, how many years would you be looking for. We're talking about how many years as a manager, at least five. And I heard somebody say -- McBryde: Well, I say __________ handle the responsibilities. I don't see how you can -- some assistants have a lot more responsibility than others. Scott: No question about that, some assistant's are merely alter egos to the manager. ______: That's right. Scott: -- without portfolio. And other assistant's are field generals that go out and supervise operating requirements __________, at least a manager so he can spend more time in council relations initially, so I think what type of responsibility they have in the system is important. We'll certainly look into that. But can we say you're looking for at least five years as a manager of a major city? I wouldn't want to put 100,000 there because they may be at 95,000 thousand and you -- (Several members talking at the same time) Dempster: How do you define major city, then? I mean, I think it's important -- Scott: Well, I would say seventy-five plus. I hate to put 100,000 there because you really, if you can just -- McBryde: Is Fayetteville a major city? Massey: We're working on it. (Laughter) Scott: I say 75 plus because -- (Several members talking at the same time) McBryde: I thought we were, but we're not 100,000. You wouldn't go by our system, because -- Scott: Well, I think 75 and up, you know, would be considered a major city. I think you ought to be looking for somebody with that type of experience. That doesn't mean that if somebody comes in that's from a city of 50 - 55 thousand that's a world breaker that, you know, we're going to throw them out. We don't throw anybody out on a technicality. What we try to do is create a profile. The kind of person that best fits that profile. But if somebody comes in that is off the scale one way or another, we don't throw them out just on a technicality. We see how they fit the whole profile. We'll bring them back to you. We want to get the best person. You know, if they come from Timbuckto, if they're the best that's available, and meets your criteria the most nearly, that's who we're going to bring back to in the final trial of the five or six. Smith: I don't really cite the numbers, I was concerned with the league looks at any city over 25,000 as a large -- they consider a large city. And so I was thinking something more comparitable to where we are. I mean, and I said 100,000 because I was considering us as a city of 100,000. McBryde: They also need extensive experience in a city that has a military force in it. We're going to have to -- Massey: That's legitimate. Scott: Yeah, that's one of the questions that I was going to talk to you about tomorrow, because I know you've got probably one of the largest, if not the largest, military population. McBryde: Those are differences. Massey: Good idea, Milo. McBryde: That's entirely different. And that experience means a lot. Scott: So what we're looking at is somebody with at least five years experience in a major city as a manager, or ten or more years experience in a position other than a manager, or responsible enough, like you're talking about, Raleigh or that sort area. Smith: And someone familiar with the revitalization effort. Massey: How can they be familiar cause they can -- ______: All they can do is -- (Several members speaking at the same time) Dempster: Now in all fairness, tomorrow when we meet with you individually that would be a time that we would talk about specific preferences and whatnot, so we're just not doing that here. Scott: Well, we had -- Dempster: Milo's being honest about where he's coming from, I need to be honest where I'm coming from. I'm looking for somebody coming from a city 125-plus kind of thing. I'm not, you know, the 75,000 is great and we don't want to take anything away from that, but my personal preferences are going to be a major city. What I would consider a major city, which is where I would consider where we want to go. We don't need somebody that's on a learning curve when they get here, they've already been there kind of thing. So, you know, I'll say it now and I'll say it tomorrow, that's what I'm looking for. Now, whether or not everybody else is looking for that, you know, who knows. Scott: You all will have to bait your hook big if you're expecting somebody to come from a larger city back down to Fayetteville city, you know, you need to be aware of that if that's what your looking for. Your going to have to get a big bait on your hook. I gave you a list of courses that we might talk about tomorrow, and we had listed on there military community, downtown redevelopment and those sorts of things, because just my knowledge of Fayetteville indicated those were important. Dawkins: Fayetteville __________ were looking for 1300, 14,000. (Several persons speaking.) McBryde: I mean, even when we were a city of 50 or 60,000, we were really a city of 100 or 110 or 115 -- ______: Right. Dawkins: Yeah. McBryde: -- because the urban community, we were just starting out with an annex. we left out what annexation -- Scott: You all needed to turn the screws on the League though, and get them to update their information because they showed you as 92,000 on their list as far as -- (Several members speaking at the same time) Smith: But without the -- McBryde: In truth, we've provided services for a town of 100,000 __________ simply because of the annexation __________ Dawkins: Oh, yeah. McBryde: That's the total difference. Scott: I hope to talk about a lot of that tomorrow, when we can have our individual session. The reason I set up the individual sessions is some people want to talk about things that they don't want to talk about in a group. They want to talk about there personal desires, their personal needs, what they're looking for, and that's the reason I think it's important that I sit with each one of you. When I get finished with that, I'm going to synthesize it into a profile of what everybody tells me and send it back to you and say this is what we're seeing, now you all tell me if I'm right, kind of thing. Now five says what kind of position should they hold. We're talking about a city manager, county administrator, is probably desirable, but assistant would be acceptable with proper qualifications. Is that what I hear us saying? SEVERAL: Yes. McBryde: Assistant __________ Scott: How many cities would you like for this person to have served? Do you have any -- Kendrick: At least one but not more than three. McBryde: I would say one to four. Scott: I would say one to three. Scott: One to three is desirable. At least one but not more than three is desirable. ______: Let me get too many -- Smith: Wonder why they're switch so quick. Scott: Yeah, one thing that sort of shoots our eyes up right quick is when we get a resume and somebody was here from 75-78 here, here from 79-81 here, from 81-83 here. And, you know, that starts raising our eyebrows right off. We're looking for tenure and stuff. Once you all make the decision, how quick do want the person on board? McBryde: Thirty days. Smith: Ninety days, max. Several: Sixty. Scott: Thirty days gets a little tight sometimes, I don't want somebody -- (Several members speaking at the same time) McBryde: __________ I kind of like thirty days. Smith: That's what's desirable, thirty days is what I said, but I put in the books minimum or maximum acceptable, 90 days, I mean, that's kind of, you know -- ______: __________ Scott: A lot of times an employee at this level, they might be working on an employment agreement that they've got to give some reasonable, and you all would -- McBryde: I think that would come down to negotiations. Scott: Sure. Would you all consider favorably a candidate that had been fired from a previous job? (Several affirmative responses.) McBryde: We got an excellent one that just left here. Scott: We talked about civic organizations, I got a lot of nods that you all are looking for somebody to be involved with the community. (Several affirmative responses.) Scott: How about politics? (Several negative responses.) Scott: Are you all looking for a manager that brings everything back to you all and __________ -- (Negative responses.) Scott: -- or are you looking for somebody who follows the policy and does it unless it's a big problem? (Affirmative responses.) Scott: Employment agreement. You all said you have in there would consider that? (Affirmative responses.) Scott: The last one is a little bit of a difficult question under the circumstances, under the present sunshine laws; but would you all attempt, at least until we get down to the finalist, to keep the names in confidence? (Affirmative responses.) Scott: Yes, you would? McBryde: No, I don't see it __________. Cheek: Is that -- McBryde: I just wanted to tell you up front I wouldn't do that. Cheek: How do the people who are looking or jobs -- do most places that they're looking for jobs know about that? I mean, what's your experience working with people? Scott: It's not -- Cheek: -- candidates? Scott: Either way is okay as long as you let the candidates know up front. Now, in Florida and other places that we __________ they had, you know, it's under the Sunshine Law all candidates, you know, will be publicized. As long as they know what the ground rules are. That's what important. Dawkins: Because a lot of people know __________, naturally we -- Scott: Sometimes they see __________ a good job, but they don't want to jeopardize their position, but they want to look at yours and factor it. Besides normal advertisement process, we will go out, once we get this profile, through our connections and try to identify and maybe invite people, who might not apply through the normal advertisement process. The persons you want may not be looking for a job. But we may be able to go out and sell that person and say look, Fayetteville's a real challenge, you've got a lot of opportunities here, these are the pluses and the minuses, and maybe you want to look at this. Cheek: Well, it seems like in the first cut, that could be private, and then if we wanted to talk to them anymore -- McBryde: Depends on what we call the first cut. How many people are we talking about? I mean, if you get down as low as ten, I'm not going to say that I'll keep them private -- Cheek: No, huh-uh. McBryde: -- or even 25, I'm not going to say that I'll keep them private. Cheek: No, No. Massey: Well, we want to at least, well see, the thing that I don't want to do is to discourage some qualified, highly qualified people from even applying, because the whole world is going to know that 125 folks are applying for this job, and who they are, and all of the sudden we find the citizens deciding who our city manager is going to be. But if we get down to a certain point, and we __________ on that point, I think that might be a plus. ______: How's that __________ ______: Yeah, good question. How does this work __________ get out in the open? (Several members speaking at the same time) Cheek: -- of Florida? McBryde: Do they have problems hiring people in Florida? ______: What about the rest of North Carolina? Scott: They do have -- there are candidates that won't apply to __________ (Several persons speaking.) McBryde: I'm not going to sit here and tell you that I'm not planning to sit down and call cities and talk to councilmembers. Scott: I don't blame you. Let me ask you this, how many candidates are you all going to look at? Do you have, do you got a target of how many you want to look at? Normally, we try to reduce it to ten or fewer, but we normally reduce it to about 20 semi-finalist, do all of our interviewing, our background and everything, and bring you all six to ten finalists in a written report that gives you all information on them. Dempster: I think, six to me would be about the maximum that we would want to have to look into. You get beyond six and you're, you know, it's -- you're getting into too much stuff. Massey: And with six, I don't mind going to Sunshine Law with that. Scott: Well, I don't think you'll have to because I'm going to bring a report that's got everything about them. And once I lay that on the table, it's a public document to be given to the whole world, __________ aside. Dawkins: Yeah, but that's not the way it's done in a number of cases. ______: Oh, no. Dawkins: Well, just like in this room, if Milo was looking at a job, would you want the public to know it? McBryde: No. Dawkins: I mean, I'm just saying that you -- (Several members speaking at the same time) ______: -- I'm sure he wouldn't mind somebody calling his supervisor and finding out -- McBryde: Yeah, I'm just being honest. I intend to check on the people, and I'm not going to try to hide it. Dawkins: Well, and you were involved in Forbes is not done that way, the two times I've been involved -- McBryde: I was involved before when we did it in-house, and, but it was all in confidence. And actually -- Dawkins: Well, I'm just saying that you will, in my opinion, knock out a lot of good applicants. Because if I'm the manager of Raleigh, and for some reason want to make a change -- Dempster: But you may not want everybody to know about it, because your going to knock __________ out, you know, we got to ask why would you do that? (Several members speaking at once) McBryde: You want to check and see. Ross: Right. McBryde: And that's what I'm planning to do. Scott: Let me ask you a $64 question. Do you all want to know the name of everybody that submitted an application? (Negative responses.) Smith: That was what I was going to ask and maybe that would kind of be part of what, where we're at with Milo there, because I'm kind of feeling the same way, I would like to get -- (Several members speaking at once) Smith: And that's what I heard Milo say. I didn't hear Milo didn't say he wanted to publicize to everybody. But when we start get out the consideration -- Massey: Everybody but six. Smith: Well, I didn't hear him say six. McBryde: Well, with all notes, I mean, Chris says six, there might be ten. I don't know how many we're going to have. Cheek: I say six to ten, depending on how they look. If you've got ten strong candidates, then I'd like to see every one of them. Scott: Oh, well sure. Cheek: Yeah, you can't say six, because there may be -- Smith: That's what I hear Milo said, and I kind of feel that way too. Once you provide the information to us, I would like to be able to contact some of these people, absolutely, And not jeopardize someone. So if someone has a problem with that, if they would notify us, you know. Of course, I don't know how that could __________ Milo's -- Scott: What we do is before we submit the report to you all, we contact every candidate and say we're getting ready to submit the report, your name is going to be in it, all your details are going to be in it. We want you to know that so you can do whatever -- Massey: -- gonna call -- McBryde: He is going to ask the questions and -- McBryde: And references will be checked. Their going to know that you applied. (Several people speaking.) Smith: And I have no problem with that. But when you all tear it down to the six, ten whatever else. (Several members speaking at the same time) Scott: That's all we can tell them. Your name is going to be in there, and are you a real candidate, because nothing embarrasses us more than to bring you six candidates, you interview them, select one, and then he says well, I've got to talk to my wife, you know, or that sort of thing. So we try to find out if they're real candidates before __________ Dempster: That sound good. I like that. Dempster: You would research these individuals prior to making the selection or not? Scott: Absolutely. Dempster: Okay. So their already going to be checked out. Can you think of a situation or a circumstance, where say a real top notch assistant manager would go to his boss, and say, look, you know, I've been working under you for a long time, and I think that I'm looking, you know I'm looking, but I wouldn't necessarily want the whole council or whatever to know I'm looking because let's say we got a big bond thing going, or, you know, something, and this is a real top notch guy. Can you think of any scenarios where exposing that would be detrimental to a candidate where he may deliberately choose not to come to a city because of that? Scott: Sure, but I don't think that you all or we can protect them from that when he's actually -- when he get's to that point, they either got to be a candidate, or their not a candidate, and they've got to make the decision and choice. You just can't -- Dempster: So they don't have the __________ to say I would prefer that you would talk to -- you know, who evaluates me is my manager, and you can talk to him, you know, blah, blah, blah, but I would prefer for -- and say he came up with a real good reason for that not to happen. I mean, so we would just say to him, too bad, you know, where going to check you out, and -- ______: We've got to. Cogswell: We would need to. Dempster: We've hired you to do -- I'm not saying that we're going to somebody that we don't know. I'm just saying that your going to get a bunch of council people calling other council people -- asking -- there's no standardization, there's no form that we would follow, it would just be what do you think of this guy. And all of a sudden, you know, I could see where that could be embarrassing to someone -- Scott: When we get to this point, we will have already talked to the mayor, and to the council people, and semi-finalists before we bring them to you all. If you all want to follow up and do your own interviews -- McBryde: So the mayor and the council will already be aware that they are looking __________ Scott: That's right. For the final six or eight or whatever it is. It's not going to be a secret in their home town when it gets to that point. Now, you know, they may say Scott came to me say and recruited me for this job, I didn't apply for it. And that may be the truth. I mean, they can use whatever defenses they want to. But once we produce the report to bring to you, then everything is on the table. Massey: Would it be safe to say that the process that we are engaged in right now, is the most important process for the system of this community, at all possible, and we owe it, as you say __________, we're basically hiring you to do the preliminary leg work, but before we make a final decision, there's going to be those things that we have to do. (Several persons speaking.) Scott: It's going to come down to your decision, I can't make the decision for you. Massey: We have to decide what's going to be best for the future of this city. Scott: That's right. Massey: And that whomever it is, if they're that delicate, they're not going to be, or they ought not be here, for the job, and in that context then I will agree with what Council McBryde says. Scott: I can't select or hire your manager, all I can do is bring you a group of highly qualified candidates. At that point, it's your's. Cheek: We don't want anybody that they say, yeah, please take her or him. Smith: That's right. (Several members speaking at the same time) Massey: Well see, I've been used to receiving evaluations that were either all good or all bad, because, you know, if you can go big with an employers. Somebody liked them, but we just couldn't find nobody who did, that's all. Dawkins: All right, let me ask Bob Cogswell to clarify something, something. Cogswell: Something y'all said earlier triggered something in my mind. Under the privacy act, the names and files cannot be released of the applicants. (Murmurs) Cogswell: You can not release the names or any information on the applicants. Dempster: That sounds like it makes sense to me. Cogswell: __________ Supreme Court. (Several members speaking at the same time) Smith: Wait a minute. Now I don't think Milo was talking about releasing, I think Milo said he was going to some checking on the references. McBryde: That's right. Cogswell: But, if you call somebody, and you said -- and he said where did you get his name, you can't do that, that's a violation of that law. Cheek: Then I think we need a release that they will let us talk to -- (Several persons speaking) Scott: We have them to sign a release because we can't look at their driving record, their financial background, or even find out about their college records without a release. We do have all of that. (Several members speaking at once) Cheek: I've got a question. Speaking of that, we're going to do background, driving, and criminal checks and stuff like that? Scott: Yes. Cheek: And do we pay you extra to do that? Scott: No, that's included in the fee. Cheek: I couldn't remember ever -- Scott: No, if we give you a fee plus expenses not to exceed a certain number, it would cost us about 135 bucks to do a financial, a credential, you know, college credential, criminal and driving records, and we include all that in there. And as you say, we want -- We don't ask all two hundred candidates to give us a release, but when we get down to the final -- (Several persons speaking) Massey: You send them out to the last five. Scott: We send them all a release that has to be signed, notarized, and we have a private eye that does some background for us and those type of things. So, we'll have a release. Massey: __Cogswell, does that, if they sign a release does that const -- Cogswell: That release needs to be worded so they release their rights under the privacy act. I mean -- Smith: Well then, can you work with this gentlemen to make sure that we -- Scott: Why don't I send you a copy of our release, and you can tell us whether it meets that -- Smith: Mr. Scott, are they notified that you will have a private investigator investing them? Scott: Yes, sir. ______: I'm going to be leaving in a second. Scott: Well, I think we're about one minute anyway. The last page that you all have are the types of questions that we would like to discuss, that I would like to discuss with you tomorrow in our individual meeting. If you all have any questions that you would like to add to this, or anything that you would like to discuss __________, it will be your meeting. I'll be glad to spend as much time as you'd like to discuss anything that you'd like in those private meetings. Scott: The result of this will be in about ten days to two weeks. I will send back to you all a compilation of all this data and say this is what I found out from our discussions, will you all please look at it and check it and see if I'm in the ballpark. If you've got anything I need to add or take out let me know. We'll get the advertisement. One last question. I would suggest to you all that we advertise this in the professional journals, the ICMA newsletter, the North Carolina league newsletter, the Nations Weekly. I would suggest to you that we not get into advertisement in local or regional newspapers. Do you have any feedback on that? (Murmurs) (Affirmative responses) Scott: I hope you see it that way, because you'd generate another 200 applications by advertising in a local newspaper. People don't read what the qualifications are, they see a job and they write for that job. So I'd use ICMA and the U.S. Conference of Mayors, the Nation Cities, and __________ for the advertisement. Cheek: One more question. If, when you know, especially if tomorrow you find a wide diversions and preferences, how are you going to handle that, __________ material we get back? Scott: I'll send it back to you and say I found these wide diversities, do you want me to mention one or another, or nothing at all. Cheek: Okay, good. Scott: I don't have any agenda, I just want to do what you all want -- Cheek: No, I wasn't saying you had an agenda, I was just wondering what you were going to do. Scott: Well, you know, if there is a wide diversion I'll either tell you about or I'll leave it out all together, but I'll probably tell you about it. Cheek: Okay. Scott: Other than that, that gets us started, other than our discussion tomorrow. Does everybody have their schedule? (Affirmative responses) Scott: Do any of you all want to, if you will, leave me that one sheet that I'm going to tally up for you. If you have it, can you bring it with you tomorrow to your meeting, and talk about the __________ qualifications and __________. I'll be glad to have that. Dawkins: __Torrey came back. Let me explain. __Torrey, glad to have you. This is Roger Scott, __________. Torrey: Thank you. Scott: Appreciate, Milo being here, everyone for being here. ______: Milo has a -- he's gone. (Several members speaking at the same time) Scott: ____________, I seen you first thing. Dawkins: Any other comments? Cheek: I got a -- I asked __Cogswell to run us some pages. How is the duties of the manager of the general statutes, does anybody want one? ______: No, I have several copies. Cheek: We probably have a bunch around everywhere, but that's -- Massey: Oh yeah. Is that 168-140? ______: Oh, yeah. ______: You thought that was __________, right __________? Dawkins: Seems like I heard that number somewhere before. (Laughter) Dawkins: All right, anything else? I appreciate everyone being here today. (Several persons speaking.) Cogswell: Let me ask one more question before we -- Cogswell: Do you contemplate any further meetings like this, open any __________? Is this where you want to continue this meeting, or do you just want to adjourn? Scott: I don't see any, no, sir. (Murmurs) Cogswell: I just want to ask the question __________ Dawkins: I think we can go ahead and adjourn it. Cheek: When will we meet to go over the applications? Will that be in the __________ meeting? Scott: Yes, ma'am. Cogswell: As long as we've got 48 hours notice, I just wanted you -- (Several members speaking at the same time) Massey: I move for this meeting to adjourn. Smith: Second. Dawkins: Motion by __Smith, seconded by __Smith. All in favor say aye. All Members: Aye. Dawkins: That's unanimous, __Cogswell. (The meeting adjourned at 6:25 p.m.) REGULAR MEETING APRIL 21, 1997 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER APRIL 21, 1997 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Absent Mayor Pro Tem Blackwell (at-large)-(excused at a previous meeting) Others Present: Roger L. Stancil, Interim City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Ron Hansen, Chief of Police Frank Simpson, Inspections Director Kai Nelson, Finance Director Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Reverend James Merkel, Grace Baptist Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: CHARACTER EDUCATION CONCEPT FOR APRIL, 1997: CITIZENSHIP 1. APPROVAL OF AGENDA Councilmember McBryde moved to approve the agenda, seconded by Councilmember Kendrick and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Councilmember Cheek requested to pull Item 2.H. Councilmember Kendrick moved to approve the consent agenda with the exception of Item 2.H. After a second from Councilmember McBryde the consent agenda and following items were unanimously approved by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. A. Approve minutes of special meeting of March 5, 1997. B. Approve minutes of regular meeting of March 17, 1997. C. Approve minutes of information meeting of March 24, 1997. D. Approve minutes of special meeting of March 31, 1997. E. Approve minutes of regular meeting of April 7, 1997. F. Approve tax refunds over $100. Name Bill No. Year Basis Amount Carolina Car Care 4706909 1993-95 Assessed in Error $814.13 G. Approve the following Finance matters: 1. Special Revenue Fund Project Ordinance Amendment 97-4 in the amount of $12,224.00 (CDBG Year 16). 2. Special Revenue Fund Project Ordinance Amendment 97-5 in the amount of $148,697.00 (CDBG Year 19). 3. Special Revenue Fund Project Ordinance Amendment 97-6 in the amount of $181,167.00 (CDBG Year 20). 4. Special Revenue Fund Project Ordinance Amendment 97-7 in the amount of $742,590.00 (CDBG Year 21). 5. Special Revenue Fund Project Ordinance Amendment 97-8 in the amount of $1,084,678.00 (CDBG Year 22). H. (Pulled for discussion) 2.H. Refer to Streets and Roads Committee a request from N.C. DOT to review Morganton Road lane configuration between Cliffdale and McPherson Church Road. Councilmember Cheek requested that the staff work on a comprehensive report for City Council and that the citizens in this area be made aware of the forthcoming project. Councilmember Cheek moved to set a special meeting for April 29, for the Streets and Roads Committee to discuss this issue and to come back to City Council with a report and recommendations, seconded by Councilmember Kendrick and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. 3. PUBLIC HEARINGS: A. Consideration of adoption of an ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour on the following streets in the Westwood Subdivision area: 1. Rainier Drive from Cliffdale Drive to Whitney Drive. 2. Rushmore Drive from Rainier Drive to McPherson Church Road. 3. Whitney Drive from Shasta Street to its end. 4. Shasta Street from Rainier Drive to Palomar Street. Assistant City Manager Jimmy Teal presented this item. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition and the public hearing opened and closed at 7:11 p.m. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OR ORDINANCES. ORDINANCE NO. NS1997-009. Councilmember Kendrick moved to approve all of the streets and to adopt the ordinance, seconded by Councilmember Cheek and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. A copy of the ordinance is on file in the City Clerk's office in Ordinance Book NS1997. B. (P97-9F) Consideration of the rezoning from R6 Residential District to M2 Industrial District or to a more restrictive zoning classification for an area located along the northeastern portion of Distribution Drive and west of Rose's Lake. Containing 59 acres more or less and being the property of March F. Riddle as evidenced by deed recorded in Deed Book 4594, Page 508, Cumberland County Registry. Assistant City Manager Jimmy Teal presented this item. Mr. Teal stated the owners of the property had amended their request and had proposed to leave a buffer of 400 feet around the lake. This is the advertised public hearing set for this date and time. The public hearing opened at 7:17 p.m. Appearing in favor of the request for rezoning was Ms. Anne M. Evans, Attorney for the petitioner; Mr. Mike Henderson, President of the Rose Lake Homeowners Association, 3617 Tindall Court, Fayetteville, North Carolina; and Mr. Charles Matthews, 3610 Tindall Court, Fayetteville, North Carolina. Mr. Don Rouse, Manager of Whispering Pines Village, 932 Country Club Drive, Fayetteville, North Carolina; Mr. Ed Karwowski, 932 Country Club Drive, Fayetteville, North Carolina; and Mr. John Autry, 932 Country Club Drive, Fayetteville, North Carolina, appeared in opposition to the rezoning. Concerns were expressed regarding the dust in the environment and the fact that there was a quarry going to be in an area with small children. Mr. Karwowski presented a petition with 121 signatures opposing the rezoning. There being no one else to speak the public hearing closed at 7:47 p.m. A question and answer period was held. Councilmember McBryde moved to adopt the revised plan. There was no second to the motion and the motion died. Councilmember Ross moved to deny the rezoning, seconded by Councilmember Dempster and carried by a vote of 7 to 1 with Councilmember McBryde opposed and Mayor Pro Tem Blackwell excused. C. (P97-10F) Consideration of the rezoning from C1 Local Business District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located on the north side of Blount Street between Gillespie Street and Worth Street. Containing .28 acres more or less and being the property of Bettie W. Downing as evidenced by deed recorded in Deed Book 3799, page 583, Cumberland County Registry. Kathy Kem of the planning staff presented this item. Ms. Kem stated the Zoning Commission recommended approval of the request to rezone. This is the advertised public hearing set for this date and time. The public hearing opened at 8:01 p.m. There was no one present in favor of the rezoning. Dr. Emma Greene, 1808 Edgecombe Avenue, Fayetteville, North Carolina, appeared in opposition. There being no one further to speak the public hearing closed at 8:06 p.m. Councilmember Torrey moved to deny the rezoning, seconded by Councilmember Smith and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. D. (P97-15F) Consideration of an application by L. Stacy Weaver, Jr., for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-24(3) to allow a retirement community, to include nursing, assisted living, and independent living facilities and commercial amenities to exclusively serve this facility in an R5 Residential District for an area located near the intersection of Cliffdale Road and All American Freeway. Containing 17.07 acres more or less and being the property of Woodruff Corporation as evidenced by deed recorded in Deed Book 3199, page 434, Cumberland County Registry. Kathy Kem of the planning staff presented this item. She informed Council the planning staff recommends that the following minimum conditions be placed on this Special Use Permit if approved: 1. That the site be developed in accordance with the site plan as submitted. 2. That the natural buffer remain along the frontage of the property between the south side property line and the interior drive as shown on the site plan. 3. That site and drainage plans be approved by City Engineering prior to building permits issued. 4. That all state sedimentation and erosion control ordinances be complied with during construction. 5. That the site is limited to 20 assisted living units, 20 bed nursing units, and 124 independent living apartments. 6. That on-site services shall be considered incidental uses and will be for the use of the residents and their guests only. No on-site services will be open to the general public. 7. That all local and state regulations be met and all applicable licenses be obtained for the operation of the proposed nursing home. Ms. Kem stated the planning staff makes no recommendation for approval or disapproval since this is a Special Use Permit and it should be granted on the basis of the findings of fact from the sworn testimony. This is the advertised public hearing set for this date and time. The public hearing opened at 8:14 p.m. Mr. Stacy Weaver, Attorney for the petitioner, was sworn in by Janet Jones, City Clerk. Mr. Weaver appeared in favor of the Special Use Permit and requested that it be granted. There was no one present in opposition to the Special Use Permit request. The public hearing closed at 8:22 p.m. A discussion ensued regarding concerns about the traffic flow and the buffering requirements. Councilmember McBryde moved to approve the Special Use Permit with the seven minimum conditions set out above and made the following findings of fact: 1. Such use shall fit in with the character of the neighborhood in which such use is to be located. 2. Such use is not detrimental to the surrounding neighborhoods. Councilmember Smith seconded the motion and it carried by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. 4. (P97-23F) Consideration of revisions and amendments to the City of Fayetteville's 2010 Land Use Plan for an area located on the southside of Breezewood Avenue between Purdue and Marlborough Avenue, and an area on the southeastern corner of Purdue and Arlington Avenue. The proposed change would change the current long range land use plan from medium density residential uses to professional or light commercial uses. Assistant City Manager Jimmy Teal presented this item. Mr. Teal stated the proposed change and the 2010 Land Use Plan would change the current long-range land use in this area from medium density residential uses to professional or light commercial uses. Councilmember Kendrick moved to follow the recommendation of the planning staff and the City Planning Commission to approve the revised plan, seconded by Councilmember McBryde and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. Councilmember Kendrick moved to have the ordinance allowing beauty and barber shops in P2 Professional Districts drawn up and sent to the City Planning Commission for their review, seconded by Councilmember Smith and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. 5. (P97-4F) Consideration of the rezoning from R6 Residential District to C1A Area Commercial District or to a more restrictive zoning classification for an area located at 2933 Breezewood Avenue. Containing .30 acres more or less and being the property of Roger S. and Henrietta B. Staver as evidenced by deed recorded in Deed Book 3956, Page 526, Cumberland County Registry. Councilmember McBryde moved to table this item until the City Planning Commission could come back with their recommendation, seconded by Councilmember Kendrick. Councilmember Dempster inquired about the time frame involved. Mr. Teal stated it would go before the City Planning Commission at their next meeting and would be brought back to City Council on May 19, 1997, if the planning commission had a recommendation. Mayor Dawkins called for a vote on the motion and the motion carried unanimously 8 to 0 with Mayor Pro Tem Blackwell excused. 6. (P97-14F) Consideration of the rezoning from R6 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 2821, 2823, 2825, 2827, 2829, and 2831 Arlington Avenue. Containing 1.04 acres more or less and being the property of James H. and Kay Gilbert as evidenced by deed recorded in Deed Book 4610, Page 82, Cumberland County Registry. Councilmember Kendrick moved to follow the recommendation of the Zoning Commission and rezone the property to P2, seconded by Councilmember McBryde and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. 7. Consideration of approval of the naming of the Central Business District Loop in honor of Dr. Martin Luther King, Jr. Interim City Manager Roger Stancil presented this item. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE RENAMING THE CENTRAL BUSINESS DISTRICT LOOP STREET NAME TO MARTIN LUTHER KING, JR. BOULEVARD OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. NS1997-010. Councilmember Ross moved to adopt the ordinance to be effective immediately, seconded by Councilmember Massey and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. A copy of the ordinance is on file in the City Clerk's office in Ordinance Book NS1997. 8. Consideration of award of purchase contracts for seven each rear loaders and two each side load refuse trucks to Southern Truck Services, Inc., in the amount of $1,026,640.75 to include the performance bond cost. Interim City Manager Roger Stancil presented this item. Mr. Stancil recommended award of the contracts to replenish the entire residential garbage fleet consisting of nine additional trucks. Mr. Stancil stated the existing trucks would be used for the collection of yard waste. Councilmember Kendrick moved to award the contracts, seconded by Councilmember McBryde and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. Bids received were as follows: Rear Loaders Smith International Truck Center $690,593.31 Southern Truck Service, Inc. - RECOMMENDED BIDDER $767,755.40 McNeilus Companies, Inc. $773,360.00 Lodal-South, Inc. $785,552.91 Smith International Truck Center $802,500.83 Southern Truck Service, Inc. $802,550.18 Southern Truck Service, Inc. $807,150.22 Heil Environmental Industries, LTD. $812,349.17 McNeilus Companies, Inc. $816,074.00 Heil Environmental Industries, LTD. $874,131.30 Side Loaders Smith International Truck Center $225,535.30 Southern Truck Service, Inc. $257,499.90 Smith International Truck Center $257,508.87 Southern Truck Service, Inc. - RECOMMENDED BIDDER $258,885.35 Heil Environmental Industries, LTD. $260,214.36 McNeilus Companies, Inc. $260,260.00 Lodal-South, Inc. $278,071.03 Heil Environmental Industries, LTD. $277,666.65 McNeilus Companies, Inc. $279,764.00 Lodal-South, Inc. - ALTERNATIVE $126,529.00 Lodal-South, Inc. - ALTERNATIVE $134,750.00 9. Consideration of approval of change order to Atlas Resources, Inc., to delete work and add other work on bond drainage projects. Assistant City Manager Jimmy Teal presented this item. Mr. Teal requested Council acts as follows: 1. Authorize the deletion, by change order, of the Blount's Creek to, and including, the Blount and Williams Streets intersection portion of the work from the Soil Street Package Two contract with Atlas Railroad Construction of Fayetteville, NC, amounting to approximately $291,090.00. The deletion of this portion of the contract is required to allow additional time to address environmental concerns. 2. Authorize the addition of drainage improvement work totaling approximately $237,635.00 to the contract. Additional work includes storm drain improvements to Roxie Avenue/Mitchell Boulevard and Pershing Street behind Highsmith Rainey Hospital and French Drain Improvements at 16 locations. Councilmember McBryde moved to approve and follow the recommendation, seconded by Councilmember Kendrick and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. 10. Consideration of approval of sanitary sewer extension to serve Cape Fear Botanical Garden. Interim City Manager Roger Stancil presented this item. Mr. Stancil recommended following PWC's recommendations that the maintenance of the collection system and the pumps become the responsibility of the Cape Fear Botanical Garden and the Council authorize the project to proceed with the cost being charged to the Uptown Revitalization Fund contributed by PWC. The estimate for the work totaled $54,582.50. Councilmember Smith moved to approve the recommendation, seconded by Councilmember Cheek and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. 11. Consideration of addition to Police Training Center. Mr. Bob Schuller, Architect, presented the Council with an overview of the design development plan. Mr. Schuller presented a schematic drawing of the project and gave several options for the Council to consider. He stated if the building were built in its entirety, the cost would be approximately $1,245,000 to include a 10 percent contingency fee. This amount would exceed the available funds of $750,000; however, Mr. Schuller stated it could be done with the shell of the building being completely built and the inside being done in increments as funds became available. After a question and answer period by Council, Mr. Schuller stated in response to a question that he felt the best financial move for the City would be to build the entire shell and come back and add the interior as funds became available. Councilmember Smith moved to proceed with building the complete shell including the rough in for $750,000 to include the 10 percent contingency fee. Councilmember McBryde seconded the motion and the motion carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. 12. Report from City-County Liaison Committee. Councilmember Cheek reported the City-County Liaison Committee had requested that each body be asked to designate the City-County Liaison Committee as the official contact point for monthly updates and communication about the proposed Juvenile Assessment Center and the Youth Resource Center Endeavors. Councilmember McBryde moved to designate the City-County Liaison Committee as requested, seconded by Councilmember Kendrick and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. Councilmember Cheek also reported that the City-County Liaison Committee felt that the merger of City-County departmental functions was the best way to look at the merger issue rather than the actual merger of City and County departments. Councilmember Ross inquired as to whether the curfew had been discussed. Councilmember Cheek replied in the negative. 13. APPOINTMENTS: A. Election of nominees to fill two vacancies on Fayetteville Appearance Commission. Councilmember Cheek nominated Mr. Fred Hill for one of the vacancies on the Appearance Commission. Mr. Fred Hill was appointed to fill the term which expires in December 1998. Mr. Charles Matthews was appointed to fill in the term which expires in December 1997. B. Election of nominees to fill two vacancies on Taxicab Review Board. Councilmember Kendrick moved to appoint Ms. Louise Warren to one of the permanent positions, seconded by Councilmember Smith and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. Ms. Warren was previously an alternate member of the board. Mr. Robert Lee McLaurin was appointed to fill in for the term which expires in July 1997. Councilmember Kendrick withdrew his nomination of Mr. David Walker, Jr., because Mr. Walker was not a resident of the City of Fayetteville. 14. ADMINISTRATIVE REPORTS: A. Discussion of terms for boards and commissions. Councilmember Cheek moved to refer to the Policy Committee the question of consideration of eligibility for reappointment to a board or commission of an appointee who serves as a national officer on a national board of directors of a group directly related to the board or commission on which the appointee currently serves, seconded by Councilmember Ross and carried by a vote of 7 to 1 with Councilmember Dempster opposed and Mayor Pro Tem Blackwell excused. INFORMATION ITEMS: 1. Report of tax refunds less than $100. 2. City-County Liaison Committee - minutes of January 23 and February 27, 1997. 3. Redevelopment Commission - minutes of March 22, 1997. 4. Police Department - Professional Standards report for the month of March, 1997. 5. Human Relations Commission - minutes of April 10, 1997. 6. FACVB - minutes of March 13, 1997. Councilmember Kendrick asked that the policy report in the agenda be presented to Council at a later meeting by the police department. Councilmember Smith moved to adjourn the meeting, seconded by Councilmember Kendrick and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. There being no further business the meeting was adjourned at 9:25 p.m. INFORMATION MEETING APRIL 28, 1997 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER APRIL 28, 1997 Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5) Absent: Mark Kendrick (District 6) Others Present: Roger L. Stancil, Interim City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Kai Nelson, Finance Director Ron Hansen, Chief of Police Pete Piner, Fire Chief Frank Simpson, Inspections Director Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) RECOGNITION: Mayor Dawkins introduced Mr. John McGee, Executive Director of the Boys & Girls Club of Cumberland County, and Ms. Tonia Clare-Jones, Director of the Grove View Terrace Boys & Girls Club. After an oral presentation by Mr. McGee and Ms. Clare-Jones, Mayor Dawkins introduced seven of the boys and girls from the Grove View Terrace Boys and Girls Club who participated in the Anti-Drug March. He presented each of them with a gift and members of City Council individually congratulated all participants. Mayor Dawkins introduced and thanked the mentors who had worked with the Grove View Terrace Boys and Girls Club. INVOCATION - PLEDGE OF ALLEGIANCE Councilmember Cheek offered the Invocation, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Councilmember Smith presented Mayor Dawkins with a T-shirt and issued a challenge to the Council for them to offer their support in the restoration of the 1917 American LaFrance fire truck. Mayor Dawkins announced that Councilmember Kendrick was in Raleigh at a meeting with the Governor as a representative of the Cumberland County Partnership for Children Smart Start. Councilmember Kendrick is the chair of the partnership. Councilmember McBryde moved to excuse Councilmember Kendrick from the meeting, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 8 to 0. 1. APPROVAL OF AGENDA Mayor Pro Tem Blackwell requested to add Item 8, discussion of dedication plan for the Martin Luther King, Jr. Boulevard. Councilmember McBryde moved to approve the agenda with the addition of Item 8, seconded by Councilmember Smith and carried unanimously by a vote of 8 to 0 with Councilmember Kendrick excused. 2. Report from yard waste containerization focus group. Interim City Manager Roger Stancil presented this item. He stated the following were members of the Citizen Task Force on containerization: Mr. Steven Williams, Mr. Moses Best, Mr. Richard Leslie, Ms. Christina Smith, Ms. Marie Parker, Mr. Wick Smith, Mr. Rodney Matthews, and Ms. Leslie Kornegay. Ms. Terrie Hutaff, facilitator, gave an overview of the process used by the Citizen Task Force on containerization during the determination of their recommendations made to Council. She introduced Mr. Wick Smith, spokesperson for the focus group. Mr. Smith presented a detailed analysis of how the containerization issue was addressed by the group. He made the following recommendations for City mandated containerization: 1. Trash bags will be allowed, but must be provided by the citizens. 2. Any other containers will be provided by the property owner. 3. The property owner will have an option to purchase a 90-gallon City container. 4. The following restrictions will be placed on containers provided by the property owners: a. The container can only be a 32-gallon container. b. The weight will not exceed 50 pounds. 5. All other debris must be 3 feet in length, 3 inches in diameter and tied in bundles. 6. The leaf season will be from November 1 through December 31. The Council thanked and commended the staff and the focus group on their presentation. They expressed their approval of using citizen input for problem solving within the City. A question and answer period ensued regarding the issues of the cost of plastic bags for poor people who can=t afford to purchase the bags; the hardship which could be created by the two-month leaf season; enforcement of the containerization changes; the potential hardship created for the elderly and handicapped citizens in complying with the 3 inch by 3 foot bundles; and the landfill charges for yard debris. Councilmember Ross informed Council about the decomposition process she used to create fertilizer from her own yard debris. Interim City Manager Roger Stancil stated he would like feedback and direction in order that the ordinance could be prepared. Mayor Pro Tem Blackwell requested that this item be put on the agenda for the next meeting for Council to have time to review the recommendations that had been presented tonight. Councilmember Massey requested that Councilmember Ross=s idea be researched and included as a viable option to the problem of containerization. Councilmember Cheek requested the staff side of the Task Force to get with the Finance Department and take a look at some of the possible options so the City can pay for the things that are too big for consumers to cut up. She also requested that a public hearing be held for citizens to have input on these proposals. Mayor Dawkins presented all of the members of the Task Force who were present with a City pin. 3. Presentation on Downtown Fayetteville Economic Enhancement Strategy. Mr. Brownie McLeod, Treasurer of the Fayetteville Partnership, addressed the Council. He reviewed the executive summary of the report prepared by the Hyett-Palma Company for the Fayetteville Partnership. He reviewed the issues of the focus area of the report, real estate development, business attraction, business retention, housing development, state financial resources for housing, downtown safety, and marketing strategies. Mr. McLeod stated that more than $10 million had been invested by the private sector in the downtown area. 4. Update on Airport Road. Mr. Brad Whited, Airport Director, gave an update on the North Carolina Department of Transportation=s plan for Airport Road. He stated in order to enhance traffic in the area the proposed plans included two cul-de-sacs at the 301 Intersection and four lanes on a portion of Airport Road. Mr. Whited stated there were plans to utilize in-house landscaping and PWC would do the edge lighting. The funding for this project will be allocated as follows: 90 percent will be the Federal Aviation Administration, 5 percent will be the City of Fayetteville, and 5 percent will be the State of North Carolina. The bids on the project will be put out in October of 1997. 5. Demonstration of video presentation system. Interim City Manager Roger Stancil presented this item. He stated there is a need for more advanced technology in the TV and Video area to ensure the Council and the citizens have access to all written materials presented at Council meetings. Mr. Stancil also stated he felt the technology would be a tool to be used in the training of City employees. He introduced Mr. Joe Alley, Director of Media Services, Fayetteville Technical Community College. Mr. Alley demonstrated the new technological equipment to the Council. A discussion ensued regarding the different uses of the recommended systems and its cost. Interim City Manager Roger Stancil stated the projected cost would be from $18,000 to $20,000 as presented to Council. Councilmember Cheek moved to instruct the staff to continue planning with this as they figured out the Council Chamber for the new Council, seconded by Councilmember McBryde and carried unanimously by a vote of 8 to 0 with Councilmember Kendrick excused. 6. Discussion of commercial solid waste collection issues. Interim City Manager Roger Stancil presented this item and stated it pertained only to the bulk trash containers and not residential pick up. He asked for direction from Council for budget purposes. Mr. Stancil explained that currently commercial customers have to rent containers from ARS and pay additional fees for extra pick up and disposal. The City is not a party to this contract, but the City does provide the first pick up of the week through their contract with ARS. This contract with ARS also establishes the rate for additional pick up which is based on the landfill charges. Currently the contract price is 55 cents per cubic yard for the first pick up and 58 cents per cubic yard for additional pick up. The annual cost to the City is $350,000. Mr. Stancil stated he had the following concerns regarding the current system: a. That a monopoly may have been created that eliminates competition. b. That the separate contracts create a difficulty in the enforcement and standardizing of services. c. That there is an inequity in the services that the City provides to its citizens. Mr. Stancil presented the following alternatives to the issues: 1. Leave everything as it is. 2. Get out of the business all together. 3. Franchise the operation and the customers would contract directly with the providers. 4. Customers would contract directly with the City and the City would provide the services. 5. The City could enter in the contracts with a provider to use their trucks and the City would administer the program. Mr. Stancil recommended that at this time the current contract with ARS be extended for one year with an increase in the commercial rates for the first pick up going to 70 cents per cubic yard, and 73 cents for any additional pick up. The increase in the amount would cost the City an additional $100,000. Mr. Stancil stated that he felt this would give the staff time to study the alternatives and to come back with a recommended solution by December 31, 1997. It would also give the time to form a customer focus group to study the problem. Councilmember Smith moved to follow the staff's recommendation, seconded by Mayor Pro Tem Blackwell. A discussion was held regarding the issues involved in making this decision about commercial garbage services. Mayor Dawkins called for the vote on the motion and it carried unanimously by a vote of 8 to 0 with Councilmember Kendrick excused. 7. Discussion of budget issues. Interim City Manager Roger Stancil presented this item. Mr. Stancil presented an overview of the upcoming budget. He reported that revenues are stable and growth is continuing as it has over the last few years. Mr. Stancil presented Council the goals and initiatives that he felt needed to be covered in the upcoming budget. They are as follows: The initiatives and goals are as follows: 1. GOAL: Defining Council's role INITIATIVE: Renovations to Council Chamber and cost of three new Councilmembers. 2. GOAL: Enhance Infrastructure Planning and Investments INITIATIVE: Planning for future Transit Services; Planning for Management of Street Lights Services; Storm Water; Phase 3 Annexation--an update of long-range annexation plans; a Comprehensive Capital Improvement Plan to include PWC. 3. GOAL: Neighborhood Quality and Appearance INITIATIVE: Extend Transit Services; Addition of 13 Police Officers due to Cops Grant and Gang Unit Grant expiration; Savings in Solid Waste Management by shifting employees from pick up to a higher effort litter pick up; add additional maintenance position at the Airport to enhance ability to maintain Airport; Add two positions and two seasonal positions to maintain the Landscaping Projects. 4. GOAL: Ongoing Projects INITIATIVE: Construction of Recreation Center at Cliffdale Elementary School; Fire Station for School Road; Relocation Project for Eufaula Street; Addition to Myers Park Recreation Center. 5. GOAL: Economic Development INITIATIVE: Downtown Railroad Relocation; Airport Road; Airport Hanger; Bond Referendum Cost for Complete Fayetteville Once and For All Project. Mr. Stancil stated he would also like to do a responsive customer survey on what services the citizens feel the City should provide. A discussion was held regarding facilitator training, downtown railroad relocation, and the techniques to be used for the responsive customer survey. Councilmember Cheek stated she felt it was important to continue with our recreation facilities but she would like to see the City do what they needed to do without raising the taxes. 8. Discussion for Dedication Plans of the Martin Luther King, Jr. Boulevard. Mayor Pro Tem Blackwell stated the 90-day schedule for the completion of the Martin Luther King, Jr. Boulevard name changing gives a good opportunity to put together a group of diverse citizens to plan a first class dedication. He requested that this be done as soon as possible. Councilmember Smith requested that the county be included in the plans. INFORMATION ITEMS: 1. Report on downtown projects. 2. Modified Goal Statement. 3. Human Relations Commission: Agenda for May 8, 1997. 4. Copies of letters regarding "Fayetteville Fair Housing Amendments" legislation. 5. PWC: minutes of March 26, 1997, meeting. Mayor Pro Tem Blackwell moved to adjourn the meeting, seconded by Councilmember Smith, the meeting adjourned at 9:35 p.m. REGULAR MEETING MAY 5, 1997 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MAY 5, 1997 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1) (arrived during Item 2.A); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: Roger L. Stancil, Interim City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Kai Nelson, Finance Director Ron Hansen, Chief of Police Pete Piner, Fire Chief Frank Simpson, Inspections Director Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Father Ernest Ruede, Saint Ann's Catholic Church, 365 North Cool Spring Street, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins read a proclamation declaring the month of May 1997 to be Mental Health Month. He presented this proclamation to Ms. Joyce Laughlin, Chair of the Mental Health Partners. Mayor Dawkins introduced Ms. Jennifer Kirby, Miss Teen Fayetteville 1997, and presented her with a bouquet of pink roses. Ms. Kirby thanked the Council for their support and stated her goal during her reign was to start a local chapter of teens for transplants in the Cumberland County area. CHARACTER EDUCATION CONCEPT FOR MAY, 1997: CELEBRATION 1. APPROVAL OF AGENDA Councilmember McBryde moved to excuse Councilmember Smith until he arrived, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 8 to 0. Interim City Manager Roger Stancil introduced Victor D. Sharpe and his wife Natalie. Mr. Sharpe will be the City's new planning services manager. Mr. Stancil requested to add Item 4.C, consideration of an interlocal agreement for industrial development with Cumberland County. Mr. Stancil stated that the County Commissioners had approved the agreement contingent on City Council's approval. Interim City Manager Roger Stancil recommended that Item 3.A, which is a public hearing, be held and that the public hearing be continued until June 2, 1997, because some of the owners in the area had not been notified of the public hearing tonight. Councilmember McBryde moved to approve the agenda with the addition of Item 4.C, seconded by Councilmember Massey and carried unanimously by a vote of 8 to 0 with Councilmember Smith excused. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Councilmember Cheek requested to pull Items 2.A and 2.C. City Attorney Robert Cogswell informed the Council that Ezra Wayne Townsend had requested legal representation in case No. 97 CVS 1628, Irish Jean Hill v. Ezra Wayne Townsend and the City of Fayettville. Mr. Cogswell stated he found that the employee was acting within the course and scope of his employment at the time and that he recommended the Council authorize the City Attorney's office to represent Mr. Townsend. Councilmember McBryde moved to approve the consent agenda with the exception of Items 2.A and 2.C. After a second from Councilmember Kendrick, the consent agenda and following items were unanimously approved by a vote of 8 to 0 with Councilmember Smith excused. A. (Pulled for discussion) B. Approve minutes of regular meeting of April 21, 1997. C. (Pulled for discussion) D. Adopt resolution declaring police motorcycle surplus and authorize disposal via sealed bid. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AUTHORIZING THE SALE OF CITY OWNED SURPLUS PERSONAL PROPERTY BY THE SEALED BID PROCESS. RESOLUTION NO. R1997-028. E. Adopt Special Revenue Fund Project Ordinance Close-out 97-13 (Watch Out Grant). This project was established in August 1994 for funding a Community Watch Coordinator, Clerk Typist, operating expenditures and equipment. The purpose of the grant was to provide the residents of high-intensity drug dealing and related violent crime areas with the police support necessary to eradicate the problem from their communities. This project budget is complete and all revenue has been received. The expenditures and revenues associated with this program have been audited by Cherry, Bekaert & Holland and are recommended for closure. F. Adopt resolutions declaring cost and ordering preparation of preliminary assessment rolls and setting time and place for public hearings on preliminary assessment rolls for May 19, 1997, on the following streets: 1. Thad Street (from Neville Street to Ingram Street) RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR THAD STREET (FROM NEVILLE STREET TO INGRAM STREET.) RESOLUTION NO. R1997-029. 2. Kornbow Road (from Lakeland Avenue to Pavement "Tee") RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR KORNBOW ROAD (FROM LAKELAND AVENUE TO PAVEMENT "TEE"). RESOLUTION NO. R1997-030. 3. Autry Street (from Neville Street to Ingram Street) RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR AUTRY STREET (FROM NEVILLE STREET TO INGRAM STREET.) RESOLUTION NO. R1997-031. 4. Shadbush Lane (from Deep Creek Road to Cul-de-sac) RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR SHADBUSH LANE (FROM DEEP CREEK ROAD TO CUL-DE-SAC.) RESOLUTION NO. R1997-032. 5. Christian Street (from Deep Creek Road to Maxwell Street) RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR CHRISTIAN STREET (FROM DEEP CREEK ROAD TO MAXWELL STREET.) RESOLUTION NO. R1997-033. 6. Joyce Street (from Slater Avenue to Dead End) RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR JOYCE STREET (FROM SLATER AVENUE TO DEAD END.) RESOLUTION NO. R1997-034. G. P97-3F. Approve the rezoning from R10 Residential District to M1 Industrial District or to a more restrictive zoning classification for an area located between Middle Road and Dunn Road and Southwest of the Service Road to I-95. Containing 15 acres more or less and being the property of Floyd Allen McLaurin as evidenced by deed recorded in Deed Book 994, Page 157, Cumberland County Registry. H. P97-17F. Approve the initial zoning to R6 Residential District or to a more restrictive classification for an area located on Wildwood Drive known as the Lafayette Plantation Mobile Home Park. Containing 46.0 acres more or less and being the property of Teddy Dale Parker as evidenced by map and legal description furnished by the City Of Fayetteville, being all of Annexation Ordinance Number 97-3-420, and being annexed by the City of Fayetteville, effective March 3, 1997. I. P97-18F. Approve the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 6885 Cliffdale Road. Containing .27 acres more or less and being the property of Harold J. and Marian Kidd as evidenced by deed recorded in Deed Book 261, Page 503, Cumberland County Registry. J. Refer to the Planning Commission an amendment to Section 32-28 of the City of Fayetteville Zoning Ordinance to allow carnivals in commercial zones for a period of up to seven days after obtaining a zoning permit. K. Approval of legal representation. City Attorney Robert Cogswell informed the Council that Ezra Wayne Townsend had requested legal representation in Case No. 97 CVS 1628, Irish Jean Hill v. Ezra Wayne Townsend and the City of Fayetteville. Mr. Cogswell stated he found that the employee was acting within the course and scope of his employment at the time and that he recommended the Council authorize the City Attorney's office to represent Mr. Townsend. L. Approve amendment to the current commercial solid waste contract with American Refuse Systems, Inc. Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1997. 2.A. Approve minutes of special meeting of April 15, 1997. Councilmember Smith arrived at the meeting. Councilmember Cheek requested this item be pulled for discussion. She stated the minutes did not reflect what was said at the meeting of April 15, 1997. Ms. Cheek moved to continue action on the minutes and to have Mr. Cogswell listen to the tape and have the minutes reflect the general context of the meeting instead of the job description. A discussion ensued with a consensus from Council to have the minutes done in verbatim form. City Attorney Robert Cogswell stated he would get the minutes back to Council as soon as they were completed in verbatim form. Mayor Dawkins called for the vote on the motion and the motion carried by a vote of 8 to 1 with Councilmember Torrey in opposition. 2.C. Adopt resolution authorizing sale of tract of land located in the vicinity of Valencia Drive. Councilmember Cheek stated she did not understand this transfer of property and asked who owned the strip of land that was being proposed for sale. Mr. Berry, Attorney for the Korean Catholic Community Church, gave a history of the property. He stated the travelway had been excepted from deeds since 1967 and is actually owned by the Clark family. The City was given this property by a prior owner for the purpose of getting the property paved and to-date that has not been done. Mr. Berry stated the City does not actually own this land and the Church is only trying to retrieve that which was given by mistake and to unlock the land for the Church and give them entrance onto Valencia Drive. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1997-035. Councilmember Cheek moved to adopt the resolution, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. A copy of the foregoing resolution is on file in the City clerk's office in Resolution Book R1997. 3. PUBLIC HEARINGS: A. Consideration of adoption of resolution requiring the paving of Racepath Street from Locust Street to Dead End. Assistant City Manager Jimmy Teal presented this item. Mr. Teal stated that some of the property owners had not been notified of the public hearing and he recommended holding the public hearing tonight but continuing it until June 2, 1997, after all persons were notified and contacted about the hearing. This is the advertised public hearing set for this date and time. The public hearing opened at 7:40 p.m. There was no one present to speak either in favor or opposition. Mayor Pro Tem Blackwell moved to continue the public hearing until June 2, 1997, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. B. P97-19F. Consideration of an application by Gloria Jean Rogers for a Special Use Permit as provided for by the City Of Fayetteville Code Of Ordinances, Article IV, Section 32-24 to allow a daycare in an R6 Residential District for an area located on Center Street between Cude and Craven Street. Containing .62 acres more or less and being the property of Gloria Jean Rogers as evidenced by deed recorded in Deed Book 4249, Page 229, Cumberland County Registry. This item was presented by Kathy Kem of the Planning Division staff. Ms. Kem stated the staff makes no recommendations for approval or disapproval since this is a Special Use Permit granted on the basis of findings of fact from sworn testimony. Ms. Kem stated the Planning Division staff recommends three minimum conditions, which are set out below, be placed on the Special Use Permit. Councilmember Kendrick requested that an additional condition be placed on the Special Use Permit and that was that the traffic exit by forward motion. Councilmember Cheek requested that two conditions be added. The conditions on the Special Use Permit as set out by the Planning Board (1 to 3), Councilmember Kendrick (4), and Councilmember Cheek (5 and 6) are as follows: 1. That at least 14 parking spaces be provided that are 9' x 20'. 2. Hours of operation be limited to reasonable hours. Their application states their hours to be from 4:30 a.m. till. 3. That all applicable state and local regulations regarding daycares be observed. 4. Exit from the property must be by forward motion. 5. That the same buffering must be used that is required to separate commercial property from residential property. 6. That the landscape must conform to the requirement of the existing commercial use coming into conformity within the landscape ordinance. Councilmember Cheek moved to approve the Special Use Permit with the six conditions as set out above and made the following findings of fact: 1. Such use shall fit in with the character of the area in which such use is to be located; and 2. That such use is not detrimental to the surrounding neighborhood. Councilmember Kendrick seconded the motion and it carried by a vote of 8 to 1 with Councilmember Massey in opposition. C. P97-20F. Consideration of the rezoning from C3 Heavy Commercial District and R10 Residential District to C1P Shopping Center District or to a more restrictive zoning classification for an area located on the south side of Robeson Street, east of Village Drive and north of Litho Place. Containing 10.96 acres more or less and being the property of William E. Clark as evidenced by deed recorded in Deed Book 4595, Page 593, Cumberland County Registry. Assistant City Manager Jimmy Teal presented this item. Mr. Teal stated the Planning Division staff recommended approval of the rezoning of the C1P Shopping Center District. This is the advertised public hearing set for this date and time. The public hearing opened at 8:00 p.m. Appearing in favor of the rezoning was Mr. Stacy Weaver, Attorney, 202 Fairway Drive, Fayetteville, North Carolina. Mr. Fred Clark, 1428 Paisley Avenue, Fayetteville, North Carolina, appeared as a spokesperson for three persons who had signed up in opposition to the rezoning. Mr. Clark stated that after hearing Mr. Weaver's presentation they were no longer opposed to the rezoning. There was no one else present to speak either in favor or in opposition. The public hearing closed at 8:13 p.m. A discussion was held regarding the affects this rezoning would have on the traffic flow on Levi and Robeson Streets. Councilmember Kendrick moved to approve the rezoning from a C3 to a C1, seconded by Councilmember McBryde and carried by a vote of 7 to 2 with Councilmembers Torrey and Ross in opposition. 4. Consideration of the following requests from the istoric Resources Commission: A. Request approval of historic district signs. Mr. Dan Hicks, Chairman, Historic Resources Commission, presented this item. Mr. Hicks stated the historic division signs needed to be replaced and he presented a new sign which had been designed by Mr. Dann Sears, a graphic designer for the City. Mr. Hicks stated the estimated cost for the signs would be $10,000 and funds were available for this project from monies appropriated to the Historic Resources Commission. A discussion was held regarding the durability and installation of the proposed signs. Councilmember Kendrick moved to approve the use of the new signs with the funds to be appropriated from the Historic Resources budget, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. B. Request to increase membership from seven members to nine members. Mr. Dan Hicks requested that the membership of the Historic Resources Commission be increased by adding two at-large members bringing the total number of members on the commission to nine. Mr. Hicks also requested that category 5, a historic property owner (suggested), be changed from a suggested historic property owner to a required historic district property owner. Councilmember Kendrick moved to approve the addition of the two at-large members and that category 5 be changed from a suggested historic property owner to a required historic property owner, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. C. Consideration of Interlocal Industrial Development Agreement with Cumberland County. Mr. Danny G. Fore, Director of the Fayetteville Area Economic Development Corporation, presented this item. Mr. Fore requested that Council finalize the interlocal agreement between the City and County which would create an inducement fund for Damark International to locate a facility within the City and employ 200 persons full-time and 100 persons part-time. Mr. Fore stated the funds would be advanced to the company for building modifications. The loan would be forgivable in a sense that once it had been determined that the $1 million investment had been made in the facility, one-half of the loan would be forgiven. Then when it had been determined that all of the jobs, as specified, had been created the remainder of the loan will also be forgiven. If the company does not meet its target, the monies would be paid back on a prorated basis with the monies being distributed equally between the City and the County. Mr. Fore requested the Council to enter into the interlocal agreement and fund the interlocal agreement in the amount of $75,000. These funds would match the funds contributed by the County. Mayor Pro Tem Blackwell moved to approve the interlocal agreement and to fund the interlocal agreement in the amount of $75,000, seconded by Councilmember Kendrick and carried unanimously by a vote of 9 to 0. 5. Consideration of award of contracts for the construction of the Sodium Hypochlorite Disinfection Systems and Maintenance Building, as follows:(PWC) A. Contract 5A-General Construction to State Utility Contractors (Monroe, NC), low bidder in the amount of $2,374,000. Bids were received as follows: Crain and Denbo $2,443,726 State Utility Contractors $2,374,000 Dellinger $2,627,793 Bryant Electric Company $3,224,000 T.A. Loving Co. $2,452,875 B. Contract 5B-Electrical Construction to L.J.'s Electric Company (Elm City, NC), low bidder in the amount of $189,770. Bids were received as follows: T&HElectrical Corporation $251,800 Bryant Electric Company $389,196 L.J.'s Electric Company. $189,770 Pitt Electric, Inc. $248,500 Mayor Pro Tem Blackwell moved to award the two contracts, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. 6. Consideration of approval of Option Agreement with SprintCom, Inc., for PCS Antenna attachments at eight proposed sites. Mayor Pro Tem Blackwell moved to approve the option agreement with SprintCom, Inc., seconded by Councilmember Smith. The sites are situated as follows: 1. Clinton Road Elevated Water Tower; PIN No. 0456-01-28-2870 2. New Person Street Replacement Elevated Water Tower, Eastern Blvd.; PIN Nos. 0436-08-88-3161, 0436-08-88-4175, 0436-08-88-5139, 0436-08-88-5280, and 0436-08-88-6220 3. Wilson Street Elevated Water Tower; PIN No. 0427-11-67-0265 4. Cliffdale Road Elevated Water Tower; PIN No. 0417-10-36-2723 5. Bedrock Drive Elevated Water Tower; PIN No. 0408-06-38-7061 6. Decatur Drive Elevated Water Tower; PIN Nos. 9498-07-58-5566 and 9498-07-58-4651 7. Spruce Drive Self Support Tower; PIN No. 0406-08-98-5588 8. 230KV Concrete Monopole at Reilly Road; Easement No. 9278 A discussion was held regarding co-location of the tower sites. Mayor Dawkins called for a vote and the motion carried unanimously 9 to 0. 7. Consideration of approval to negotiate design contracts for the following projects: A. Airport - AIP, Architectural standards and T-hanger design to HNTB (Raleigh, NC) (Partnering with Shuller, Ferris, Johnson & Lindstrom, Fayetteville, NC). B. Recreation and Community Facilities - design of Cliffdale Recreation Center to Shuller, Ferris, Johnson & Lindstrom (Fayetteville, NC) C. Fire - design of School Road fire station to Heery International (Fayetteville, NC). Councilmember McBryde moved to approve Items A, B, and C, and authorize negotiation of the design contracts seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 9 to 0. 8. Consideration of adoption of a resolution declaring 1923 fire truck surplus and authorize disposal via private negotiation. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AUTHORIZING THE SALE OF CITY OWNED SURPLUS PERSONAL PROPERTY BY THE PRIVATE SALE PROCESS. RESOLUTION NO. R1997-036. Councilmember McBryde moved to adopt the resolution, seconded by Councilmember Smith and carried unanimously 9 to 0. Councilmember McBryde requested that the restoration of the fire truck be placed on the budget workshop agenda rather than having the Fire Department raise the funds. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. 9. Consideration of the Spring 1997 Street Resurfacing Program: Assistant City Manager Jimmy Teal presented this item. He stated the resurfacing list bid had come in at $1.2 million rather than the estimated $1.4 million. As a result additional streets could be added for resurfacing. Mr. Teal gave four options for action by the Council. A. Approve addition of streets to the Spring 1997 Street Resurfacing list. Councilmember Kendrick moved to add the additional 24 streets to the list for paving by Crowell Constructors, Inc., as part of the 1997 resurfacing contract, seconded by Mayor Pro Tem Blackwell. Councilmember Cheek made a substitute motion to save a portion of the funds to build the remaining sidewalks on Morganton Road. The motion died for lack of a second. Mayor Dawkins called for the vote on the original motion and it carried unanimously by a vote of 9 to 0. B. Approve award of construction contract to Crowell Constructors, Inc., of Fayetteville. (97 Powell Bill Resurfacing funds) Councilmember Kendrick moved to award the contract, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. 10. Report from Streets and Roads Committee: A. Legend Avenue Update Councilmember Kendrick presented this item. He made a motion for the staff to proceed with the plan for the realignment of Legend Avenue, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 9 to 0. B. Morganton Road Traffic Actions: (Cliffdale Road to McPherson Church Road) Councilmember Kendrick presented this item and moved to restripe the road from four lanes to five lanes from Cliffdale Road to McPherson Church Road and to adopt the ordinance to reduce the speed limit to 35 miles per hour from Cliffdale Road to McPherson Church Road to be effective July 1, 1997, seconded by Councilmember Dempster and carried by a vote of 9 to 0. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1997-011. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1997. C. Hinsdale Traffic Report Councilmember Kendrick presented this item. He recommended adoption of the ordinances. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1997-012. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1997-013. Councilmember Kendrick moved to adopt the ordinances, seconded by Councilmember Smith and carry unanimously by a vote of 9 to 0. Copies of the foregoing ordinances are on file in the City Clerk's office in Ordinance Book NS1997. 11. Report from Policy Committee Councilmember McBryde presented this item. He recommended the following paragraph be added as paragraph (2) to City Council Policy No. 110.2, Policies Concerning Appointments to Boards and Commissions: (2) The foregoing policy shall not apply to an appointee while serving on a national board of directors of a group of which the board or commission on which the appointee currently serves is a member. Councilmember McBryde moved to approve the policy revision/addition, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. 12. Consideration of setting public hearing to consider a youth protection ordinance within the City limits. (Requested by Councilmember Chris Dempster) Councilmember Dempster presented this item and stated the reason he had asked to discuss this issue was to ask for a public hearing in order to get public input on the child protection ordinance. Mr. Dempster also stated that as City leaders he felt the Council needed to take the first step in reducing juvenile crime. Councilmember Ross moved to set a public hearing for May 19, 1997, seconded by Councilmember Dempster. Chris Dempster offered a friendly amendment that Council go with the steps required to vote on a ordinance. City Attorney Robert Cogswell informed Council that a record of the need for support of a public ordinance must be established at the public hearing before he can make his recommendation on whether to adopt the child protection ordinance. A discussion was held with the following requests for Councilmembers: 1. Mayor Pro Tem Blackwell requested someone be present at the public hearing to answer questions from the January 15, 1997, meeting with the County Commissioners and the 11 questions the staff had presented representing their concerns. 2. Councilmember Cheek requested information on the time frame for adoption of the ordinance and information on where the violators of the ordinance would be processed. 3. Councilmember Massey requested that input from staff be heard at the public hearing. 4. Councilmember McBryde requested statistics from the Charlotte Police Department regarding the crime reduction results from the enactment of their curfew ordinance eight months ago. He also requested that copies of the ordinance be made available to the public. 5. Councilmember Dempster requested that a police officer from Charlotte be present at the hearing and that community watch leaders be given copies of the ordinance and be notified of the public hearing date. 6. Councilmember Cheek requested the meeting be broadcast live on Cablevision and a report be provided to Council on ways the City is already working with merchants and school/school resource officers on handling truancy and students being out of school during school hours. 7. Councilmember Smith requested to have Chip Grammar present. He also requested to see other curfew ordinances and statistics which were available. A discussion was held by Council regarding the need for this type of ordinance, the structure of the public hearing, and the time limit for speakers at the public hearing. The Council was in agreement that a public hearing needed to be held with the public being informed about the concern of both Council and staff regarding the processing of any offenders and the fact that more crimes were committed in the daytime during school hours than late at night. Mayor Pro Tem Blackwell made a friendly amendment to the original motion to change the date for the public hearing to May 27, 1997. Councilmember Torrey seconded the motion and it carried unanimously by a vote of 9 to 0. Mayor Dawkins called for a vote on the original motion to set the public hearing. The motion carried unanimously by a vote of 9 to 0. 13. Consideration of holiday schedule for City employees for 1997. (Requested by Councilmember Jim Smith) Councilmember Smith stated that he would like to request the Personnel Department do a survey of the employees to see if there is an interest in having a two-day holiday at Christmas when the 25th falls on Tuesday, Wednesday, or Thursday. Mr. Smith stated he was not an advocate of any additional dollars being spent nor adding an additional paid holiday. A discussion ensued regarding the cost of the additional holiday and the fact that another holiday would have to be forfeited for the second day at Christmas. There was a discussion regarding the need for additional monies and the consensus of Council was that no additional funds would be expended. Councilmember Dempster stated he felt the survey should make it clear that a holiday would have to be given up for the extra day and there would be no additional paid holiday. Councilmember Smith moved to have the Personnel Department do a survey to determine if the employees, to which it applies, are interested in having a two-day Christmas holiday when the 25th falls on Tuesday, Wednesday, or Thursday, with the understanding that another holiday must be given up to implement the change, seconded by Councilmember Ross and carried unanimously by a vote of 9 to 0. 14. Consideration of items for referral to City-County Liaison Committee. Councilmember Dempster recommended that someone from the City get in touch with the City of Charlotte and determine the name of the industrial review firm used by that City in a survey that was conducted about 10 years ago. A discussion ensued regarding the role of Mr. Danny Fore and the Fayetteville Area Economic Development Corporation in industrial recruitment. Councilmembers Cheek and McBryde stated they felt this request should come from FAEDC and not the City. Councilmember Massey stated his support for obtaining supplemental information to go with the information Mr. Fore was scheduled to present to the City-County Liaison Committee. It was decided a motion was not required and the best procedure would be to handle it as a Councilmember's request. Councilmember Dempster, requested that Mr. Stancil contact the Charlotte City Manager to get information on the firm hired to survey industrial development. 15. APPOINTMENTS: A. Nominations needed to fill one vacancy on Fayetteville Board of Adjustment. No nominations were made. B. Nominations needed to fill three vacancies on Board of Appeals on Dwelling and Buildings. The following nominations were made: 1. Robert Pringle - was nominated for a second term 2. Allen W. Rodgers - was nominated for a second term C. Approval needed for replacements of military ex-officio members on Human Relations Commission. LTC Kathleen L. Seith was appointed as an alternate member for Fort Bragg and TSgt. Scott Graham was appointed to replace MSgt. James G. Adcox for Pope Air Force Base. D. Nominations needed to fill vacancy for one alternate member on Taxicab Review Board. No action was taken on this item due to its removal prior to the finalization of the agenda. 16. ADMINISTRATIVE REPORTS: Interim City Manager Roger Stancil presented the following items: A. Update on Cablevision negotiations. Mr. Stancil stated he would come back with a public hearing recommendation. B. Report on Fargo Drive Traffic Calming efforts. C. Update on General Assembly actions. Interim City Manager Roger Stancil presented this item. After a lengthy discussion on Mr. Stancil's recommendations, Mayor Pro Tem Blackwell moved to have three separate resolutions prepared in opposition to the proposed legislature on firefighters' retirement, the annexation referendum, and the local government debt changes, seconded by Councilmember Smith. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE IN OPPOSITION TO SENATE BILL 538, FIREFIGHTERS' RETIREMENT. RESOLUTION NO. R1997-037. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE IN OPPOSITION TO SENATE BILL 124, ANNEXATION REFERENDA. RESOLUTION NO. R1997-038. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE IN OPPOSITION TO SENATE BILL 317, LOCAL GOVERNMENT DEBT CHANGES. RESOLUTION NO. R1997-039. Mayor Dawkins called for a vote on the motion and the motion carried unanimously by a vote of 9 to 0. Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1997. D. Request by Town of Hope Mills to increase Municipal Influence Area. Interim City Manager Roger Stancil presented this item. He stated that the Town of Hope Mills has requested an extension of their municipal influence area to include the County's Industrial Park and other property along Cumberland Road. Mr. Stancil stated it was his opinion that a municipality should not annex the Industrial Park. Councilmember Kendrick moved to submit to the City Planning Commission the Council's desire to have the area either stay in the Fayetteville City influence area or that it stay neutral, seconded by Councilmember Dempster and carried unanimously by a vote of 9 to 0. INFORMATION ITEMS: 1. Thank you note from family of former Councilmember Jimmy Jones. 2. Memo regarding management organization chart for "A Complete Fayetteville Once and For All". 3. Response to letter from citizen regarding yellow line on McFayden Drive. 4. Information on solid waste bulk container options. 5. Summary of rezoning case results. 6. Status of property acquisition recommendations from the Airport Commission and the Parks and Recreation Advisory Commission. 7. Memo from ElectriCities of North Carolina with highlights of April 24 Board of Directors Meeting. 8. Planning Commission - minutes of March 18 and April 1, 1997. 9. Zoning Commission - minutes of March 11, 1997. 10. Appearance Commission - minutes of February 25 and March 11, 1997. 11. Board of Adjustment - minutes of March 19, 1997. 12. Airport Commission - minutes of March 25, 1997. 13. City-County Liaison Committee - minutes of March 27, 1997. 14. Recreation and Parks Advisory - minutes of March 24, 1997. Councilmember Smith moved to adjourn the meeting, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. The meeting adjourned at 10:35 p.m. REGULAR MEETING MAY 19, 1997 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MAY 19, 1997 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Mark Kendrick (District 6) Absent: Suzan Cheek (District 5) Others Present: Roger L. Stancil, Interim City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Kai Nelson, Finance Director Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The following Invocation was offered by Reverend James Belle, Haymount Presbyterian Church: Let us bow our heads in prayer. Creator God, who has made all of us, individually in your image, we thank you for the opportunity to come and participate in government. We thank you for an opportunity that you gave your people long ago when they were nothing but a few tribes gathered together. Similar to the first colonies who came together, in a loose confederation, under something called the Declaration of Independence. Remind us today of the great heritage we have which is founded in you. Remind us today even as we may have differences of opinion we should not have differences of purpose. Remind us today that all of us are made in your image, and that we have the breath of life within us. Let us hold each decision as sacred. Let us hold each community that is involved in the decisions that are made here sacred, as everyone of us are made in your image. Bless those who have been chosen to govern. Bless their families for their sacrifices that they make and bless all of us so that we may better serve you and help others to know you in the name of the Father, and of the Son, and of the blessed Holy Spirit we pray. Amen. Mayor Dawkins lead the Pledge of Allegiance to the American Flag. Councilmember Smith moved to excuse Councilmember Cheek, seconded by Councilmember Massey and carried unanimously by a vote of 8 to 0. RECOGNITION: CHARACTER EDUCATION CONCEPT FOR MAY, 1997: CELEBRATION 1. APPROVAL OF AGENDA Interim City Manager Roger Stancil requested to add consent Item 2.J, reconsideration of action taken on April 7, 1997, setting a public hearing for the Tally Ho Drive rezoning issue. Mayor Pro Tem Blackwell moved to reconsider this item, seconded by Councilmember Smith and carried unanimously 8 to 0 with Councilmember Cheek excused. A discussion ensued regarding the proposed plan for Cain Road. Councilmember McBryde requested that a public hearing be held on the Cain Road plan at the same time the rezoning of Tally Ho Drive is considered. A date was set for the public hearing to be held on July 7, 1997. Councilmember Smith moved to approve the agenda with the addition of Item 2.J, and to set a public hearing for the Cain Road plan and the rezoning of Tally Ho Drive on July 7, 1997, seconded by Councilmember Dempster and carried unanimously by a vote of 8 to 0 with Councilmember Cheek excused. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Councilmember Massey requested pulling Item 2.G. Councilmember Torrey moved to approve the consent agenda with the exception of Item 2.G, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 8 to 0 with Councilmember Cheek excused. The following items were unanimously approved: A. Approve minutes of special meeting of April 15, 1997. B. Approve minutes of information meeting of April 28, 1997. C. Approve tax refunds over $100. Taxpayer's Name Nature of Clerical Error Amount Iuliucci, Thomas Clerical Error: Double listed on bill $488.84 #4844520, difference in value due to installation costs. Thomas Investment Corrected Unit data. $316.80 Marvin Albert Beard & Wife USF designated error. $113.43 Dettenmayer, Carl Louis Illegal Tax: Military Non-Resident. $174.22 LES on file. PA--Indef. D. Approve conveyance of deed for Lot 13 in Habitat Village, Phase I to Habitat for Humanity. E. Approve the following financial matters: 1. Adopt Capital Project Ordinance 97-6 (Bond Sale) The ordinance appropriates the proceeds of the bond sale of $13,800,681 authorized by City Council at their November 18, 1996, meeting including anticipated interest earnings of $463,415 for a total of $14,264,096. This sale will fund sidewalk construction, street construction and drainage improvements. 2. Adopt Capital Project Ordinance 97-7 (2/3rds Bond Sale) The ordinance appropriates the proceeds of the bond sale of $2,770,137 authorized by City Council at their November 18, 1996, meeting including anticipated interest earnings of $116,015 for a total of $2,886,152. This sale will fund public improvements relating to Phase II Annexation. 3. Adopt Capital Project Ordinance Amendment 97-9 (CPO 97-2) (Airport-NCDOT Equipment Reimbursement) The amendment in the amount of $142,090 is a 50/50 cost sharing agreement between NCDOT and the City for 1995-96 equipment reimbursements. The Airport paid for this equipment (tractor w/bushhog, firefighting equipment, vehicles, 800MHz radios) out of the Airport Operating Fund in FY1995-96. 4. Adopt Capital Project Ordinance Amendment 97-10 (CPO 94-3) (FTA Grant X142 Capital) The amendment in the amount of $19,197 transfers the excess funds to the Transit Special Revenue Fund identified below for capital vehicle maintenance purchases such as transmissions and engines for the FAST system. 5. Adopt Special Revenue Fund Project Ordinance Amendment 97-9 (SRO 93-5) (FTA Grant X142 Capital) The amendment in the amount of $19,197 will be used to fund additional capital vehicle maintenance items identified above such as transmissions and engines for the FAST system. F. Set a public hearing for June 16, 1997, to consider the paving of Brown's Lane from Cool Spring Street to Alexander Street. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF BROWN'S LANE FROM COOL SPRING STREET TO ALEXANDER STREET. RESOLUTION NO. R1997-040. G. (Pulled for discussion) H. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, adding stop signs and one yield sign at various locations. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1997-014. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1997-015. I. Approve the following bid awards for Public Works Commission: 1. Purchase of 150,000' of 4/0 AL URD Triplex Cable to Eastern Electric Supply Company (Rocky Mount, NC) in the amount of $143,833.50. The following bids were received: Eastern Electric (Rocky Mount, NC) $143,833.50 Scott-Parish (Wake Forest, NC) $148,800.00 Rigby Electric (Rocky Mount, NC) $147,000.00 WESCO (Raleigh, NC) $152,250.00 Power Supply (Matthews, NC) $156,135.00 2. Purchase of four (4) 69Kv 1200A VBH GOAB Switches to Power Supply (Matthews, NC) in the amount of 21,672.00. The following bids were received: Power Supply (Matthews, NC) $21,672.00 Rigby Electric (Rocky Mount, NC) $22,176.00 Eastern Electric (Rocky Mount, NC) $25,772.00 Power & Tel. (Knoxville, TN) $28,191.48 Scott-Parish (Wake Forest, NC) $21,865.76 WESCO (Raleigh, NC)-(assembly not included) $21,180.00 HESCO (Smithfield, NC)-(insulators not incl.) $11,420.00 3. Purchase of two (2) 2500 KVA Power Transformers to HESCO (Smithfield, NC) in the amount of 55,276.00. The following bids were received: Total Purchase Eval. Unit Cost Bidders Price of Ownership HESCO (Smithfield, NC) $ 55,276.00 $61,794.00 Eastern Electric (Rocky Mount, NC) $116,648.42 $104,792.00 WESCO (Raleigh, NC) $112,790.00 $100,995.00 Scott-Parish (Wake Forest, NC) $ 66,289.60 $69,879.00 Virginia Transformer (Roanoke, VA) $101,468.00 $92,543.00 4. Purchase of one (1) Large Meter Test Bench to Floyd S. Salser, Jr., & Assoc. D.B.A. Mars Company (Ocala, FL) in the amount of $36,280.00, this bidder was the sole bidder. J. Reconsideration of action taken on April 7, 1997, and setting a public hearing for (1) proposed Cain Road plan and (2) Tally Ho Drive rezoning. The public hearing was set for both items for July 7, 1997. 2.G Adopt resolution authorizing condemnation of storm sewer easement for Abraham Street paving. Councilmember Massey pulled this item for discussion. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1997-041. Councilmember Massey moved to adopt the resolution, seconded by Councilmember Smith and carried unanimously by a vote of 8 to 0 with Councilmember Cheek excused. Copies of the foregoing resolutions and ordinances are on file in the City Clerk's office in Resolution Book R1997 and Ordinance Book NS1997. 3. PUBLIC HEARINGS: A. Consideration of adoption of resolutions confirming assessment rolls and levying assessments for each of the following streets: Assistant City Manager Jimmy Teal presented this item. Mr. Teal reviewed the assessment procedure and stated the interest rate being assessed would be based on the current Treasure Bill rate of 6.7% with the payments being made in ten annual installments. He also stated that any owner-occupied property, whose owners met the HUD qualifications, would be eligible to receive assistance in the payment of their assessments. The deadline for application for these funds would be August 1, 1997. Mayor Dawkins inquired about the difference in the project cost of the different streets. Mr. Teal explained that drainage problems had made some streets cost more than others. Mr. Teal presented the HUD qualification guidelines for assistance in the payment of the levied assessments. This is the advertised public hearing set for this date and time. The public hearing opened at 7:25 p.m. on the following streets: 1. Autry Street (from Neville Street to Ingram Street) No one appeared either in favor or opposition to this item. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1997-042. 2. Christian Street (from Deep Creek Road to Maxwell Street) No one appeared either in favor or opposition to this item. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1997-043. 3. Joyce Street (from Slater Avenue to Dead End) No one appeared either in favor or opposition to this item. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1997-044. 4. Kornbow Road (from Lakeland Avenue to Pavement "Tee") No one appeared either in favor or opposition to this item. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1997-045. 5. Shadbush Lane (from Deep Creek Road to Cul-de-sac) Mr. Fernell Patterson, 1119 Deep Creek Road, Fayetteville, North Carolina, appeared in opposition to the assessments. There was no one appearing in favor. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1997-046. 6. Thad Street (from Neville Street to Ingram Street) Ms. Shirley Frederick, 1617 Carter Drive, Fayetteville, North Carolina, appeared in behalf of Marion King, 1121 North Street and John P. McNeil, 1204 Thad Street. Ms. Frederick spoke in favor of the assessment. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1997-047. There was no one further to speak either in favor or opposition to the above mentioned items. Mayor Dawkins closed the public hearing at 7:32 p.m. Mayor Pro Tem Blackwell moved to adopt the foregoing resolutions confirming the assessments, seconded by Councilmember McBryde and carried unanimously by a vote of 8 to 0 with Councilmember Cheek excused. The resolutions set out above were adopted at 7:33 p.m. Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1997. B. (P97-12F) Consideration of the rezoning from PND Planned Neighborhood District to C1 Local Business District or to a more restrictive zoning classification for an area located at 5703 Cove Crest Circle and an adjacent area located on the north side of Cliffdale Road east of Waters Edge Drive. Containing 4.26 acres more or less and being the property of Constantine Saliba as evidenced by deed recorded in Deed Book 3048, Page 309, Cumberland County Registry. Assistant City Manager Jimmy Teal presented this item. Mr. Teal stated the planning staff recommended denial of the rezoning and the Zoning Commission recommended approval. This is the advertised public hearing set for this date and time. The public hearing opened at 7:34 p.m. Appearing in favor of the rezoning was Mr. Stacy Weaver, Attorney, 202 Fairway Drive, Fayetteville, North Carolina; Mr. Bill Register, 117 E Loch Haven Road, Fayetteville, North Carolina; and Mr. Constantine Saliba, 2203 Fordham Drive, Fayetteville, North Carolina. Appearing in opposition was Mr. Gordon A. Mitchell, 5713 Waters Edge Drive, Fayetteville, North Carolina, and Mr. James H. McLaughlin, 5836 Horton Place, Fayetteville, North Carolina. There was no one further to speak either in favor or opposition and the public hearing closed at 8:01 p.m. A discussion was held regarding the lack of ingress and egress into the property; the close proximity to the spillways, floodway and 100-year flood plain; increased traffic flow; and the effect the rezoning would have on the surrounding residential neighborhood. Councilmember Kendrick moved to follow the planning staff's recommendation to deny the rezoning, seconded by Councilmember Smith and carried unanimously by a vote of 8 to 0 with Councilmember Cheek excused. C. (P97-30F) Consideration of revisions and amendments to the Fayetteville Code of Ordinances, Chapter 32, Zoning, Article IV, Section 32-27, to add Subsection 3.1 Beauty and barber shops, to include tanning and nail salons, as a permitted use in the P2 Professional District. Assistant City Manager Jimmy Teal presented this item. This is the advertised public hearing set for this date and time. The public hearing opened at 8:25 p.m. Mrs. Henrietta Staver, 2930 Breezewood Avenue, Fayetteville, North Carolina, appeared in favor of the ordinance amendment. There was no one present to speak in opposition. The public hearing closed at 8:26 pm. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 32, ZONING, SECTIONS 32-27 AND SECTION 32-28 OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1997-008. Councilmember Kendrick moved to approve the amendment to the ordinance, seconded by Councilmember McBryde and carried unanimously by a vote of 8 to 0 with Councilmember Cheek excused. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1997. D. Consideration of adoption of the Community Development One-Year Action Plan/Budget for FY 1997-1998. Mrs. Eva Ruth, Chairperson of the Fayetteville Redevelopment Commission and Assistant City Manager John B. Brown presented this item. They reviewed in detail and submitted their one-year action plan for fiscal year 1997-1998 as follows: CDBG HOME Prior Yrs Housing Activities FY 97-98 FY 97-98 forwarded Total Down payment/Homeownership Assistance 0 $25,000 0 $25,000 Rehabilitation Loan Pool $301,900 303,688 $375,402 980,990 CHDO's Set-aside 0 75,450 145,852 221,302 CHDO Support-Operating Expenses 0 25,150 0 25,150 Emergency Home Repair Program 120,000 0 0 120,000 Housing Construction 0 80,000 0 80,000 Housing Needs Service Plan-Annexed Areas 0 0 20,000 20,000 Longview Green Multi-Family Project 0 0 200,000 200,000 Multi-Family Development Feasibility Study 25,000 0 0 25,000 446,900 509,288 741,254 1,697,442 Homeless Services Homeless Coalition 35,000 0 0 35,000 Homeless Utility Assistance 20,000 0 0 20,000 Homeless Shelter Support 10,000 0 0 10,000 Transitional Housing 25,000 0 135,000 160,000 90,000 0 135,000 225,000 Community Development Chess Park 3,000 0 0 3,000 Develop Neighborhood Resource Centers 0 0 133,335 133,335 Eufaula Street Clearance/Relocation 170,248 0 535,652 705,900 Beautification 15,000 0 0 15,000 Capacity Building Training 20,000 0 0 20,000 HUD 108 Loan Payment (Seabrook Pool Recon.) 65,000 0 0 65,000 270,248 0 668,987 939,235 Public Facilities Street Paving Assessment Fees-Low Income 10,000 0 0 10,000 10,000 0 0 10,000 Economic Development Micro-Enterprise Program Feasibility Study 50,000 0 0 50,000 FSU/Murchison Road Micro-Enterprise Loans 50,000 0 0 50,000 EDI for EC/EZ (Downtown Loan Pool) 0 0 300,000 300,000 100,000 100,000 300,000 400,000 Program Contingency 19,652 0 50,000 69,652 General Administration 234,200 50,300 0 284,500 Total $1,171,000 $559,588 $1,895,241 $3,625,829 This is the advertised public hearing set for this date and time. The public hearing opened at 9:20 p.m. Appearing in favor of the budget was Ms. Barbara Armstrong, 337 Whipple Tree Lane, Fayetteville, North Carolina; Minister Eronomy Muhammed, 1207-D Murchison Road, Fayetteville, North Carolina; Ms. Christina Smith, 412 Wilmington Road, Fayetteville, North Carolina; and Mr. Clinton Harris, 4713 Watauga Road, Fayetteville, North Carolina. Each speaker expressed preferences for the expenditure of community development funds. There was no one appearing in opposition. The public hearing closed at 9:35 p.m. A discussion was held by Council regarding the Eufaula Street relocation, the funding of recreation center improvements, the Longview Green Multi-Family Project and the need for unification of services for the homeless throughout the City. Councilmember McBryde stated his opposition to the Eufaula Street project. Councilmember Smith stated his concerns regarding the Longview Green project. Mayor Pro Tem Blackwell stated his concerns about the lack of unification of the homeless shelter programs. Councilmember Ross requested that Marsh Street be added to the Eufaula Street project. Councilmember Torrey moved to approve the one-year action budget plan for 1997-98 in its entirety as presented, seconded by Councilmember Dempster and carried by a vote of 7 to 1 with Councilmember McBryde in opposition and Councilmember Cheek excused. Councilmember Massey inquired as to whether HUD and the City had methods of monitoring the funds to ensure thattax dollars are being spent wisely. He received an affirmative answer. Councilmember Kendrick expressed his concern for the safety of the children attending the school in the Eufaula Street area. He requested that Council be provided with the final sales prices on the relocated properties in the Eufaula Street project. 4. (P97-4F) Consideration of the rezoning from R6 Residential District to C1A Area Commercial District or to a more restrictive zoning classification for an area located at 2933 Breezewood Avenue. Containing .30 acres more or less and being the property of Roger S. and Henrietta B. Staver as evidenced by deed recorded in Deed Book 3956, Page 526, Cumberland County Registry. Councilmember McBryde moved to approve the rezoning to P2, seconded by Councilmember Kendrick and carried unanimously by a vote of 8 to 0 with Councilmember Cheek excused. 5. Delivery of final published version of 2010 Plan. The County planning staff presented the revised version of the 2010 Plan. The County expressed their desire to work cooperatively with the City Planning Department. 6. Consideration of amendments to Section 17-16 of the Fayetteville City Code regarding the qualifications to obtain a privilege license for itinerant merchants, solicitors and peddlers. City Attorney Robert Cogswell presented this item. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 17, LICENSES, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1997-009. Councilmember Smith moved to adopt the ordinance, seconded by Councilmember McBryde and carried unanimously by a vote of 8 to 0 with Councilmember Cheek excused. 7. Consideration of award of contract for construction of the South Bridle Creek Sanitary Sewer Outfall to R.H. Moore Company (Murrells Inlet, SC), low evaluated bid in the amount of $1,423,023.23. (PWC) Mayor Pro Tem Blackwell moved to award the contract, seconded by Councilmember Smith and carried unanimously by a vote of 8 to 0 with Councilmember Cheek excused. The following bids were received: R. H. Moore (Murrells Inlet, SC) $1,423,023.23 Bryant Electric (Archdale, NC) $1,463,219.00 State Utility (Monroe, NC) $1,921,529.00 T. A. Loving (Goldsboro, NC) $2,138,235.00 ES&J Enterprises (Autryville, NC) $2,444,097.74 8. Consideration of award of contract for construction of water and sanitary sewer to serve the 1996 Fayetteville Annexation Area 300 - Hollywood Heights to R. H. Moore Company (Murrells Inlet, SC), low evaluated bid in the amount of $1,676,777.00. (PWC) Councilmember Kendrick moved to award the contract, seconded by Councilmember McBryde and carried unanimously by a vote of 8 to with Councilmember Cheek excused. The following bids were received: R. H. Moore(Murrells Inlet, SC) $1,676,777.00 State Utility (Monroe, NC) $2,022,210.40 Autry Grading, Inc. (Fayetteville, NC) $2,116,330.50 ES&J Enterprises (Autryville, NC) $2,194,695.50 T. A. Loving (Goldsboro, NC) $2,508,263.00 9. Consideration of award of contract for reconstruction of sidewalks at various locations to Atlas Railroad Construction, Co. (Fayetteville, NC) in the amount of $237,600.00. Councilmember Smith requested to abstain from discussion or voting on this item due to a possible conflict. Councilmember McBryde moved to allow Councilmember Smith to abstain from discussion and voting on this item, seconded by Councilmember Kendrick and carried by a vote of 7 to 0 with Councilmember Smith abstaining and Councilmember Cheek excused. Councilmember McBryde moved to award the contract, seconded by Councilmember Dempster and carried by a vote of 7 to 0 with Councilmember Smith abstaining and Councilmember Cheek excused. The following bids were received: Atlas Railroad Construction Co. $237,600.00 Nortec Construction $322,934.00 Triax, Inc. $447,376.00 10. Consideration of request of the Cumberland County Board of Commissioners regarding the boundary of the Fayetteville's Municipal Influence Area. Interim City Manager Roger Stancil presented this item. Mr. Stancil recommended the City enter into an interlocal agreement between all governmental bodies concerned that no government body would initiate action to annex the Industrial Park without the agreement of all. Councilmember McBryde moved to authorize the staff to go forward with the interlocal agreement, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 8 to 0 with Councilmember Cheek excused. 11. Discussion of the yard waste containerization focus group recommendations. Interim City Manager Roger Stancil presented this item. He recommended the following procedures be implemented and that a public hearing be set for June 2, 1997, for public input. 1. Follow focus group recommendations for regular pickup 2. Regulate: no contractors 3. Allow citizens to buy roll-outs at cost 4. If larger loads, schedule the pickup 5. Keep data, report back to Council in six months with volume, issues, recommendations Councilmember Kendrick moved to set the public hearing for June 2, 1997, seconded by Councilmember Dempster and carried unanimously by a vote of 8 to 0 with Councilmember Cheek excused. 12. APPOINTMENTS: A. Report on applications for boards and commissions. B. Fayetteville Board of Adjustment - nominations needed to fill one vacancy for an alternate member. Mayor Pro Tem Blackwell nominated Mr. Asif R. Rizvi for the alternate vacancy. C. Board of Appeals on Dwellings and Buildings - nomination needed for one vacancy and vote needed on two nominations. Mr. Robert Pringle and Mr. Allen W. Rodgers were reappointed to second terms. These are three-year terms to expire in May of 2000. No nomination was made for the vacancy of Mr. David Nichols. D. Taxicab Review Board - nomination needed to fill one vacancy for an alternate position. Councilmember Kendrick nominated Mr. John Hutchins for the alternate position. E. Historic Resources Commission - nominations needed to fill two at-large seats which were added at the last meeting. No nominations were made. 13. ADMINISTRATIVE REPORTS: A. Report on request from citizen to have the Planning Commission review the ordinance dealing with bed and breakfast operations. Mayor Pro Tem Blackwell moved to approve the request to have the Planning Commission review the ordinance dealing with bed and breakfast operations, seconded by Councilmember Smith and carried unanimously by a vote of 8 to 0 with Councilmember Cheek excused. B. Report on bond projects. C. Presentation on proposed Martin Luther King, Jr., Boulevard street signs. The Traffic Services Department presented the signs that would be placed along the Boulevard. D. Report on EPA Brownfields Grant Award. E. Report on cablevision public hearing. Councilmember McBryde moved to have the staff and consultants hold a public hearing on the cablevision issue on May 29, 1997, seconded by Councilmember Smith and carried unanimously by a vote of 8 to 0 with Councilmember Cheek excused. F. Discussion of setting budget calendar. No action was taken. G. Legislative Bulletin update. INFORMATION ITEMS: 1. Statement of taxes collected for the month of April, 1997, from the Cumberland County Tax Collector. 1996 Taxes 94,861.42 1996 Vehicle Taxes 187,077.91 1996 REV 726.38 1996 Vehicle REV 121.87 1996 FVT 20,974.37 1996 Storm Water 9,171.66 1995 Taxes 8,156.38 1995 Vehicle Taxes 3,512.57 1995 REVIT 6.91 1995 Vehicle REVIT 0.00 1995 FVT 501.84 1995 Storm Water 1,013.23 1994 Taxes 3,746.57 1994 Vehicle Taxes 337.85 1994 REVIT 0.00 1994 Vehicle REVIT 0.00 1994 FVT 40.00 1993 Taxes 1,010.81 1993 Vehicle Taxes 148.38 1993 REVIT 11.11 1993 Vehicle REVIT 0.00 1993 FVT 15.00 1992 And prior Taxes 1,682.62 1992 And prior FVT 92.61 1992 And prior REVIT 0.00 Interest 9,634.52 Interest (REVIT) 75.56 Interest (Storm Water) 532.06 Fayetteville Discount 0.00 REVIT. Discount 0.00 Total Collections 343,451.63 2. Report on tax refunds less than $100. Taxpayer's Name Nature of Clerical Error Amount Hansen, Richard Donald Jr. Illegal Tax: Military Non-Resident. $30.76 LES on file. TX--Indef. Capehart, Herman Lee Clerical Error: MH correctly charged $33.45 on LR: 6783276 - MH is not located in subdivision. Pryor, Tonette Michelle Illegal Tax: Military Non-Resident. LES $58.59 on file. MI--7/23/99. Players Billiards Inc. Adjusted value per amended statement $22.50 from taxpayer for year 1996. Keefe, Leon Clerical Error. Vehicle was double billed 53.99 on LR 915864-11, under the name of Keefe, Leon. 3. Report on flooding complaint from Glenwick Drive residents. 4. Copy of article on curfew from Robin Jenkins of the Mental Health Dept. 5. Copy of Planning Commission Agenda for May 20, 1997. 6. Copy of letter from Councilmember Kendrick regarding complaint from citizen. Councilmember Smith moved to refer this item to the Streets and Roads Committee, seconded by Councilmember McBryde and carried unanimously by a vote of 8 to 0 with Councilmember Cheek excused. 7. Blue Ribbon Panel on Air Service - information from May 14 meeting. 8. Police Department - Professional Standards and Inspections monthly report for April, 1997. 9. FACBD - minutes of March 13, 1997. 10. Copy of article forwarded by Danny Fore of FAEDC. Councilmember Smith moved to adjourn the meeting, seconded by Councilmember McBryde and carried unanimously by a vote of 8 to 0 with Councilmember Cheek excused. There being no further business the meeting adjourned at 11:00 p.m. SPECIAL MEETING MAY 27, 1997 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING CITY HALL COUNCIL CHAMBER MAY 27, 1997 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mayor Pro Tem Breeden Blackwell (at-large); Milo McBryde (at-large) Chris Dempster(at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey(District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: Roger L. Stancil, Interim City Manager Ben Brown, Assistant City Manager James Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Ron Hansen, Chief of Police Carl Milazzo, Police Legal Advisor Jason Brady, Public Information Officer (BEGIN TAPE 1, SIDE 1:) Dawkins: Good evening. We're glad to have all of you here tonight. Tonight we're very happy to have Councilmember Jim Smith who will lead us in a moment our invocation, after which we'll remain standing and I will lead us in the pledge to our nations flag. May we stand? Smith: May we pray? I was taught by a wise man one time when we pray we should talk to the Lord, we talk with each other. So Lord, let our work be __________ let us listen to each other, let us work with each other, and let __________ will be done. We don't always agree, Lord, but be with us as we do the business of this city, that you've given us that we call home. Let us know your will so that we may do the very best that we can for our fellow citizens. These and the many things that you've already of given us or will continue to give us we say thank you for them. In Jesus name we pray. Amen. Multiple Voices: Amen. I pledge allegiance to the flag and the United States of America, and to the Republic for which it stands, one nation under God, indivisible with liberty and justice for all. Dawkins: Thank you, Mr. Smith. Mr. Stancil, do you have anything before we go to approve the agenda? All right. Thank you. We'll go to item number one, which is the approval of the agenda. Kendrick: I make the motion to approve. Massey: Second. Dawkins: Mr. -- Mr. Kendrick seconded by Mr. Massey. Any discussion? I'll ask for your vote. And that vote is unanimous, Ms. Jones. Before we go to item number two, we'd just like to mention that Ms. Kathy Latta, who's with us tonight for her last time officially with the chamber. Kathy's been with us, golly, close to three years I guess now. And Kathy we really appreciate your work and your cooperation and your liaison with the chamber and with this body, and we wish you well in your new venture. And come see us anytime, Kathy. Latta: Thank you. Dawkins: All Right. Okay item two, and what we'll do because they are so similar, I'm gonna read them and combine them. What I'm going to ask, since this one is a little bit different from some that we have, because we have a number of people that want to speak, and I would like to ask each person if you would, hold it to about three minutes, and that would make sure everyone has an opportunity, or just be as close to that as you can. I think that will help us all. We're -- everyone -- of course, everyone will be heard. 'A' is consideration of adoption of an ordinance of the City Council of the City of Fayetteville amending Chapter 21 of the Code of Ordinances of the City of Fayetteville creating a new Article three establishing a youth protection ordinance imposing certain restrictions upon juveniles during specified hours. 'B' is consideration of adoption of an ordinance of the City of Fayetteville requiring mandatory school attendance for any child who is between the ages of seven and sixteen years of age and is enrolled and required by law to attend school; providing for the severability, providing for the repeal of all ordinances or parts of ordinance herewith, and providing an effective date. (The Public Hearing Opened at 7:09 P.M.) Dawkins: Now, what we will do, I will open the public hearing and I'm going to recognize Mr. Stancil and this will all be a part of the public hearing, of course, and we will -- I will leave it up to him any others we want to recognize. And then, of course, as we go through, even after the public hearing council, of course, there may be people in the audience you'll want to ask certain things of, who have been involved with these. So, Mr. Roger Stancil, our interim city manager. Stancil: I would like to, first of all, explain what our agenda will be tonight. First, your city attorney will explain the findings that you'll need to make in order to adopt any type of curfew ordinance, and I would like to make some introductory remarks about the proposed curfews. Lt. Jean Halick with the Fayetteville police department is here to present to you some juvenile crime statistics which -- a copy of which you have in front of you. I put there earlier tonight. Then Carl Milazzo, the legal advisor in the police department will talk you through about a four minute video tape. One of the concerns that we have continued to express to you is the concern about how an officer on the street deals with a juvenile when there's a potential curfew violation. Now we were concerned that perhaps our words weren't communicating that as well as we might want it to, so we've just put together a very short video as another way to try to explain to you some of those concerns we have. And then finally, you asked that we contact Cpt. Honeycutt with the Charlotte police department and ask him to be here tonight. He and Chief Narwicki and the city manager, Pam Cypher, have agreed for him to come and he is here to answer questions that you might have about him. And you also asked that Chip Grammar from the Cumberland County schools be here, and I haven't seen Chip, but I assume he's here. So first of all, Bob. Dawkins: All right. And we also have Ms. Coning who represents the sheriffs department -- the attorney and one of the officers, of course, with her in case of questions or anything. Mr. Cogswell? Cogswell: The cases in the courts that have dealt with these ordinances, have all focused their decisions upon the findings of governing by -- that adopted that ordinance that were produced at a public forum or public hearing such as this. So everything that's said tonight will become part of the record. In that regard, I would recommend that you not even close the public hearing until you're totally through with the item. Based upon what is heard and what is put in this record, then that forms a basis of whether or not you've established the need for a curfew ordinance, which would include the time that the record shows you should have one and whether you even need one, based on what you hear. So my recommendation or my suggestion is that after all is said and done, you make a printed record and then review that, and then I come back to you with a recommendation or -- as to whether or not you should consider adoption of an ordinance, one of the two you've got or a variation, depending upon what's said here tonight. I suggested in my cover memo to you, that that was one of the things I wanted to do, particularly if you take a look at the second ordinance. For the benefit of the public that may not know what you have in front of you, the first ordinance the city council has is the ordinance the county adopted. The only changes were to substitute the City of Fayetteville for the County of Cumberland. Everything else is the same. The second ordinance is a daytime curfew that deals with what's considered unexcused absences. And it is very short. It was intended to be a starting point based on what was said here tonight, if the record should establish that that's the type of curfew ordinance you need. So my suggestion again is -- is listen to what's said, ask your questions, and then we'll review that and come back to you, based upon review of what is said here tonight, and what I consider to be something you could consider. You may have your desires, you can certainly express those too. But it's all based on what you hear here tonight, because if it's ever challenged, what is said here tonight will be the biggest defense we've got to that ordinance. With that in mind, you may want to hear from other folks at a subsequent date. You can certainly continue the public hearing, this is not a legal notice. There's no legal requirement that you even, you notice anyone other than -- there is no legal requirement. So you can just continue this thing to -- to a date, if there's other folks you might want to hear from. So that's basically all I've got to say at this point, unless you've got any questions. All right. Stancil: Thank you Bob. You did ask us to notify neighborhood watch chairs, and we did that. We sent all the chairs of all neighborhood watches a copy of the same information that you received regarding this public hearing tonight. In addition to that, we also sent that same information to the principal of every school in Cumberland County, and to every PTA president in Cumberland County. I want to first of all talk about the components of the curfew as we had met and talked about them. First of all, as you are aware, this issue, not unlike other issues you deal with, is a very complex issue. So it's not just an issue of yes or no to the curfew as we have worked through it, but it's an issue of what it is you want to accomplish and what the expectations of the public are. The components as we see them are first of all a daytime curfew, or an attempt to deal with the issues of truancy. In preparation for this meeting I talked with Chief Dennis Narwicki in one part to ask that Cpt. Honeycutt come and visit us, and as we talked, we talked about his experience in Charlotte. He finds the daytime curfew to be very effective, and in fact he told me that he could actually track very direct relationship between the daytime burglary rate and the enforcement of the curfews. When they were really enforcing the curfew they could see a downward trend in the daytime burglary rate. If they would let up on it, they could see an upward trend. Very direct relationship in his opinion. They are in the process of preparing an evaluation of their curfew for the city council in Charlotte. We couldn't get a copy of it because he has not presented it to them yet. Although he said there are no statistics in there, it's an anecdotal type of evaluation, and although they have not seen any decrease in juvenile crime statistics, he does believe there have been -- that those crimes have not risen. The second component is youth recreation opportunities. And I mentioned that in my memo. I want to make sure I clarify what I was referring to there. In a meeting we had at Fayetteville State University with Chancellor McCloud, he was very concerned or interested in working with the city to make sure that recreation centers and facilities are open to young people all day long. His proposal was to work with us, and in doing that and providing opportunities for youth that are not necessarily related to where we would take a young person to -- who had violated the curfew. So we're not talking about recreation centers as a place to take someone who's violated the curfew, we're talking about them as alternatives for young people during the day. And finally, the third component as you know is a nighttime curfew. And our concerns about them are simply the liability concerns of whether we take the people -- the violators, who staffs that particular center, and as the people in Charlotte said this is one tool that they use. They use -- Chief Nawicki said they use it to a great extent to deal with a strip shopping mall in Charlotte called the Arboretum and they're able then to move young people out of that particular area, and I'm sure they use it for other purposes also. Captain Honeycutt can address that for you. This issues as we say, as we mentioned before, were enforcement concerns, and hopefully our video with Mr. Milazzo will address some of those. Now, we're also concerned about housing. One of the issues that Ms. Ross had suggested was the USO that we no longer use. And in talking with our staff, we agree that we could make that facility available to -- for curfew violators. One of the things we don't know is what are the requirements for a facility like that. We do know that when you operate a jail, or when you operate a holding facility there's some requirements that we're not aware of. So we will need to find that out. I inquired through the county manager to the sheriff if we were to provide a facility, would the sheriff work with us in talking about staffing such a facility. The answer back from the county manager to me was that the sheriff would be willing to talk about staffing a facility that the city would provide. And finally, staffing. What services are provided when a curfew violator is brought and who provides those services? Are we the right agency to provide those services, or do we need to involve social services, mental health, the sheriff's department who's in the business of holding people, how do we do that? And those are some issues that we think need to be addressed. Our recommendations to you as a staff would be twofold. First of all, that in your process tonight, you decide what you want the City of Fayetteville to do, which of those components you would like to move on. And once you do that, we would like to ask the task force that I referred to in my memorandum, I've asked assistant city manager Ben Brown to chair a task force that would include representatives of the District Court, the sheriff's department, recreation and community facilities, and oth -- the school system and other affected agencies to get together and work out the details of whatever direction that you want to go in. So at this point I would like to recognize Lt. Halick. Dawkins: Okay. Thank you Mr. Stanctil -- Stancil. And Lt. Halick, we're glad to have you. Lt. Halick: Mayor and councilmembers, I appreciate the opportunity once again to be before you to discuss statistical data we had from the police department for juvenile crime. I know months back I provided some information in reference to juvenile crime. But one of things that was missing on it, and I think there was some concern of the councilmembers and the mayor, was what type of crime are we talking about during what hours. So I hope that the breakdown that you have before you tonight might enhance your knowledge a little bit in regards to what we're talking about. I -- we broke it down into two different categories. One suspect information, and the other one victim information; and then we broke it down to eight hour increments, starting with the curfew hours, school hours, and then after school hours. And I hope that we'll be able to paint a picture here of when the big concern of the community should be. This first chart here deals with suspect activity. What we're -- what we're saying here is either suspect or defendant in crimes were picked up. The first area or block of time that we see here is 11:00 p.m. to 6:00 p.m., and that's the hours of the curfew that we were looking at. The second area of significance is during the school hours, and it seems to be some high -- somewhat high. But one of the things that really pushed this kind of high is that the school system does a real good job about reporting crimes now. Before, years ago, the principals were able to -- to, I guess, do as they wish to a certain degree, but now everybody is participating in -- in crime reporting, and so that kind of puts it up high. And that's not all neighborhood crime, that's school crime and neighborhood crime. But the other thing of significance here is the after school hours which is 3:00 to 10:00. That appears to be somewhat high. And that -- that is our main concern here, with the issue here. The next lines -- (mumbling). What we did is we broke it down into the -- to the time; and so, these are the times of the curfew here, and -- And the results of this data here is what type of crime are we talking about. So when we start looking at the first hour and the curfew of 11:00, we see a very significant crime would be a -- we're talking about suspects here, would be a robbery at 1:00 in the morning time. The -- the other thing of significance would be at 11:00, five -- five burglaries, and then at midnight one, and then at -- and then at 1:00 four. But bear this in mind, we are talking about the whole year of 1996, not just -- just a few months. We're talking about for the whole year. So when we come down to the part two crimes, even those crimes are really quite light when it comes to suspect information. We see a significance there would be a simple assault, vandalism, and then other crimes. And in -- in the area of other crimes, we -- we put crimes as traffic offenses, or anything that would not fit into the part one or part two crimes. But it would be a misdemeanor crime. The next block of hours, which would be from 7:00 till 2:00. Now at 7:00, people are getting up and they're getting ready to go to school, and prior to going to school there's some involvement in a felony assault. We see some significance in simple assaults and we see there's a high volume of -- of runaways. And runaways seem to be a big part of our business. Parents either wake up in the morning time and find that their -- that their loved one is gone, or at nighttime not reporting back home. But during the school hours we see that -- that the significant ones are simple assaults, vandalism, weapons -- Massey: Jean? Lt. Halick: Yes, sir. Massey: If I could just interrupt you one second. When we're looking at the 8:00 area where it talks about the simple assaults -- Lt. Halick: Yes, sir. Massey: And that's ten? Lt. Halick: Yes, sir. Massey: Is that only with just juveniles involved, or is that juveniles and adults, or just juveniles, or how does that -- Lt. Halick: Sir, that's under the age of 16. Massey: That's under the age of 16. Okay, thank you. Lt. Halick: Yes, sir. Massey: That's juveniles. __________ 8:00, ten of them. Lt. Halick: So some of the significant things that we see here is that we have a high volume of assaults, vandalisms, disorderly conducts, and again others. And again, this is during school hours. And again, a lot of this is being forced reporting with the new state law. Our other block is the time element after school, starting at 3:00 and going till 10:00. Now, this is -- when we start talking about violent crimes, and a lot of crimes, we see that the violent crimes of robbery and felony assaults, felony larcenies, all of these are pretty much happening between the hours of right after school, and right prior to the curfew hours. One of the big things that's our business in police work is a part two crime simple assault after school. We see that there's a high volume of vandalism. We see a high volume of disorderly conduct and misdemeanor larcenies. Now we come into the victimization, and we broke it down because it shows two different pictures here. This here, we're dealing with victims of crime. So if we're looking into protecting our children between the hours of 11:00 and 6:00, if you'll notice, there is a -- a significant increase between 11:00, 12:00, and 1:00 compared to this suspect information. But in regards to that, what we see a lot of is that we have a high volume of runaways. They're being reported at 11:00 and 12:00 at nighttime because they're not coming home, and we see a high volume of abuse and neglect within that. So if it was not for those two particular categories of crime, the picture on that would be a lot lower, too. And again, we go into another block of hours of -- during school hours and then after school hours. And it somewhat narrows the chart for the suspect, which is some slight difference. Massey: Jean? Lt. Halick: Sir? Massey: It would also be -- be fair to assume that this information in -- in that we don't know what kind of age range it would be, but there -- there's a victim of crime across the board, not just simply of -- of -- of juvenile crimes? Lt. Halick: There would be juvenile victims, sir. Massey: Okay. So these are victims only of -- of people who are fif -- who are sixteen years of age or younger. Lt. Halick: Under sixteen, sir. Massey: Under sixteen? Lt. Halick: Yes, sir. Massey: Okay. Thank you much. Lt. Halick: Okay. So when you start looking at juvenile victims, we see a high concentration of simple assaults during the 11:00 hour, but then it tapers off tremendously. Other areas of concern are, again as I covered, abuse neglect, and runaways. And if it was not for those two categories, then those 11:00 and 12:00 would be a lot lower. The other block would be during school hours. Next chart. So our victims during school hours, we see that a light concentration. I think there's one robbery there. Nine felony assaults. And then we start going down to simple assaults, Abuse and neglect, and runaways again. And again, when we start talking about severe crimes, we're talking about between the hours of seven and -- and -- and hours after school. We saw very, very few between the hours of the curfew hours if that's what we were discussing. Next chart. Now, again, like we've talked about the suspect information, the other -- the other thing that we see here is that our victims seem to be very high during the hours of after school and right before the curfew. Again, we see that there's a -- a large simple assault category. There's a robbery category. There's a large amount of abuse and neglect and runaways, and disorderly conduct. And so when we start talking about being concerned about suspect crime, kids getting in trouble, or we start talking about protecting our youth from violent crime, this is the -- these are the hours that we're talking about; right after school up until close to the curfew. Next chart. So when we broke it down to see what really our -- our problem area was, our big area is from 3:00 p.m. to 10:00 p.m. Now the little slice of pie over here it says 13.7 percent from 11:00 to 6:00, that's not a whole lot of crime, but -- but this is what all this is about tonight, is the little slice of pie there, that -- that is supposed to make our community a safer place to live. Really, it doesn't have a significant value when it starts coming to crime stats. And I thought that was real important to show that, because this is what -- this is what this whole thing's about, protecting our youth and -- and making our community at least feel safer. But I -- I don't know that that's gonna do that, with -- with 13 percent of our overall crime being reported or being done between the hours of 11:00 and 6:00. That's pretty much what I have on the statistical data. And I'll be glad to entertain any questions. Dawkins: All right. ________: __________ statements are filled with people under 16 __________? Massey: Yes, sir, both suspects and victims are under the age of 16 years old. And the time frame from when to when. Lt. Halick: We went around the clock twenty-four hours, sir. Massey: Okay, well -- okay, twenty-four hours a year, twenty-four hours six months, twenty-four hours -- Lt. Halick: We did a twelve month study. Massey: Twelve months, starting from which month to what -- Lt. Halick: January to December, sir. Massey: Of ninety -- Lt. Halick: '96. Massey: Okay. Dawkins: Ms. Ross? Ross: Yes. I wanted to know, when he was talking about the -- the combination of -- when you have it broken down __________? Lt. Halick: What race? I -- I don't have that information with me. Right now, it seemed -- if I can break it from off of the top of my head here, it's about half and half. ________: Do you have like zone statistics as to this data? I mean, where there's a higher frequency of certain things occurring? Don't -- doesn't the police department use zones throughout the city? Lt. Halick: Yes, sir, they do. And -- and I think I understand what you're asking me, but we didn't break the juvenile crime down that way. And I -- I would be unable to answer that question about what zone would be the busiest zone as far as juvenile crime, sir. ________: How about years prior to '96. Were these -- was this information reflective of those particular years, or -- or not? Lt. Halick: We have seen an increase in juvenile crime, and I think the stats that you received last time was on a 1995 stats. I think we had -- except we just didn't break it down with the individual crimes. And we see a slight increase, but not much, for '96. And I have not had the opportunity to put together a '97 chart. Although I don't -- I do know that, that our '97 stats as far as juvenile crimes is up from our '96 when we compared month to month from '96 to '97. _________: So is it safe to assume that the juvenile stats are increasing based on '95, '96, potential '97? Lt. Halick: Yes, sir, I gu -- I mean, we could say that to a certain degree. Again I -- I have to say that a lot of the crime has been reported by the schools or wasn't done two or three two years ago. So that -- that's a significant difference. Dawkins: All right. Any more questions for Lt. Halick? Okay. We -- is there anything else? Lt. Halick: No, sir. I -- I just hope that we -- that we realize that our main concern with the police department and the community is those hours between 11:00 and 10:00. Those are the hours that are busiest for -- for shift work and for the uniform guys, and we see that those are the hours, and when we see the complaints come in, the workable cases, around 3:00 to 10:00 at nighttime or on up to 11:00 is our -- our very busy time. Dawkins: All right. Let Mr. Massey. Massey: Yes, even though I know that -- that we're gonna here more from the police tonight, this kind of information is very good, pertinent information for identifying the kind of problem and I will thank you for -- for a job well done. Lt. Halick: Thank you, sir. Dawkins: Thank you very much. If you'll just sort of sit by, there may be questions later as we go through our public hearing. Lt. Halick: Thank you. Dawkins: Thank you very much. Appreciate the effort. Mr. Stancil, do you want to... Stancil: Review this video tape. Dawkins: Okay. We're also glad to have a couple of representatives from Fayetteville State University tonight with us. They've been working with Mr. Barefoot and others. We appreciate that very much. _________: Police attorney Milazzo. Dawkins: All right. _________: __________ video machine __________. Dawkins: Mr. Barefoot, we thank you for your help. And Mr. Milazzo, we're glad to have you. _________: __________ sound. _________: Either that or captions. Dawkins: The screen says run, they can't touch us so... (A video tape was played.) Milazzo: Okay. Most of that was an effort to try to visualize the more complicated enforcement problems we would have with the ordinance. The legal -- there's never really a legal objection to the ordinance, the way it's drafted, assuming that your factual findings support the adoption. The opposition mostly is an enforcement and the effective enforcement, rather than in law. Some of these problems are not new to us, we already face them currently with runaways that we take into custody. The problems would be with transport, keeping them in custody, calling in female officers off the road to take a female to the rest room. We will not allow a male to do that. Pursuits while we've got a juvenile or any prisoner for that matter inside of a police vehicle or responding to emergency calls are already prohibited, and I think for good reason. It will be my position that we don't use force or pursue juveniles who are violating curfew. I think the equivalent would be for any other type of ordinance violation. For example, a noise ordinance violation. We would not want to have a pursuit going on through the city over something of that seriousness. So these are problems that we will have to face with that ordinance, and they're problems that we currently face already with other areas, like runaways. Does anybody have any questions? Dawkins: Are there any questions? All right. Ms. Ross. Ross: Question. If you don't have a curfew and __________ just be sitting ducks. __________ All around you we have -- Milazzo: Probably the best way for me to answer that, Ms. Ross, is the problems that we've tried to visualize here are problems that will also have to be confronted by those other communities. They may choose to approach it in a different way, but the problem will still be there. They'll still have a juvenile curfew violator in the vehicle. They'll still have to make a decision whether or not they're gonna pursue or use force on a curfew violator. They may resolve that issue differently than we do. It is our department's opposition on those matters that -- that we're trying to present tonight. Ross: You know I kind of -- I kind of look forward to what's happening __________ that we took over the work program __________ We took the -- you know, the places where they __________ they lost the incentive to want to get out there and look __________ like teaching them how to __________ cars. They just lost the __________ to do it, the incentive to do those things. This is what they were teaching them to do. I knew this was coming sooner or later. __________ But they saying they want it to -- they children on the work program, they would have them on a work program. Like __________ children work, their at school in the daytime -- in the morning, and afternoon they had technical school. And then they had __________ doing the agriculture. __________ When they finish __________ , they were fit to go to sleep, __________ . But then they said that if they didn't discontinue that program, that we would've -- we would have be guilty of child labor. Now I know what happen __________ made a stand up -- Can you explain that to me, please, how they did that? Milazzo: I have -- I have no idea, Ms. Ross. Ross: They did. __________ Dawkins: Okay. I don't believe he was familiar with that program. Ross: __________ Dawkins: No. I don't think he's been here that long. Milazzo: No, I think I'm too young. Ross: But they talk about this generation crime __________ that was really a program. And we've got __________ generation concept 'cause we've got problems, and we looked everywhere. And when they were working and they were so tired, I made them say their prayers at night, you know. I would, I'd get them __________ and let them say their prayers. __________ We just can not wreck these children's childhood. It's a bad thing. What's wrong with working? Milazzo: I don't know. Dawkins: All right. Thank you, Ms. Ross. Mr. Massey? Massey: Thank you Mr. Mayor and council. I told Liza that video tape was very graphic in terms of possibly demonstrating some of the problems that one would encounter in trying to mix, we'll say, enforcing the laws that are already on the books with -- with additional set of laws that theoretically that would incarcerate individuals or that would at least bring under -- bring into custody individuals who are out, or during a certain time that was -- that was prescribed not to be out. My question, I guess, the first question is not -- you -- you brought up the issue of runaways. Are runaways treated as a criminal activity? Milazzo: No, sir. They are undisciplined. You could have a 16 or 17 year old runaway in North Carolina. But he's above the age of 16. So it's not gonna be a delinquent activity. Massey: Okay. Milazzo: However, running away is not a crime either. Massey: Right. Milazzo: So they're in that inbetween world where it's considered undisciplined. Massey: Okay. I notice in the video tape, and I realize that's -- that was a facsimile of sort, but in the video tape the young man who was out for the third time as he was being asked to get in the car, whatever, he was also handcuffed. I guess, would you -- I guess my question would be that a -- a person who is dealing with a curfew violation, would they be normally subject to being handcuffed? Milazzo: That would have to be a case-by-case decision made by the officer at the time. If we have a seizure which would -- by the fourth amendment would be justified by virtue of either being the runaway or curfew violator, then the seizure is gonna be justified. The next decision would be the manner of seizure, whether or not it's reasonable. Massey: Right. Milazzo: And the officer would have to decide based on his prior knowledge of that individual the -- the location they are, the reason he initially approached him, whether or not that was justified. Massey: Okay. Milazzo: If he's gonna transport any person in custody in the vehicle, then our policy is they be put in the back seat, and they be handcuffed. Massey: Okay. And I noticed that you -- that we dealt with three basic categories of the -- of the transport and things that could normally happen during the -- the -- the transportation. Let's say a more serious crime were to occur, that officer who is in the -- in the process of transporting a juvenile, whatever, could not then be involved in -- in the pursuit or whatever. And then, of course, we got to the area of custody. And that is -- they -- especially when it would come down to a female violator in that context, taking a female officer off -- off of the beat. I guess one of my major questions, have you all looked at any -- what are other police departments doing with these three areas in terms of transport, custody and the female populations? Milazzo: Yes, sir. It's pretty standard throughout the community that if you've got a prisoner or any person in custody in your vehicle, that you don't engage in a pursuit. Departments that have ride-along programs, by our ride-along policy, if we have a civilian ride along in the front seat, we normally will not engage in a pursuit with any nonsworn person in the vehicle. If we've got a prisoner in the vehicle that we're transporting to LEC, unless it is a -- a life threatening call and the officer is one of the only people who can respond, we don't allow them to respond to that call and leave that prisoner sitting out in the middle of a neighborhood somewhere locked in that car. So we -- we follow that rule already with people that are in custody, and most departments for the same reason will follow that same rule. Massey: Okay. And one of the things I recall Chief Hansen mentioning at the meeting that we had over at the Art Center was the fact that in spite of all the other things that -- that -- that are going on, the primary focus of the police department is to enforce the laws. And if a juvenile or an adult is breaking the law, it -- it is incumbent upon our police officers to in fact enforce that law, at any -- at -- at whatever time that it's being broken; right? Milazzo: Yes, sir. Massey: And that this might, in a very real sense, become a cumbersome tool for those officers who are dealing with the juveniles and then, of course, have to deal with more serious violations at the very same time. Milazzo: If they've got the juvenile in custody, yes, sir, it's -- it would be like any other person that's in custody. Massey: Thank you very much Attorney Milazzo and -- and council. Mr. Mayor? Dawkins: Thank you, Mr. Massey. Any other questions right now? All right. Is that all, Carl, that you had for right now? Milazzo: Yes. Dawkins: Okay. We thank you. If you'll sort of sit by there may be some later. Thank you very much. Mr. Stancil, is there anything else before we go to the different speakers? Stancil: No, but Lieutenant Halick did mention that one of the differences in the crime statistics that you might want to take into consideration is the impact of annexation. And some of those changes are reflecting the increase in population that we've had by annexation. And one of the questions Ms. Ross had I think was about the other cities, Spring Lake and Hope Mills. There is information in your packet from Chief Campbell and Chief Hodges, in Hope Mills and Spring Lake. I think they indicate they use the curfew about five or six times a year. __________: __________ Ross: Mr. Mayor, could I speak? Dawkins: Yes. Ross: I received a tape from South Carolina. I think it was __________ from the Chief __________ . __________ South Carolina. I received that tape __________ . And in his tape, he seemed to have had five or six __________ . One thing he did was he had a tendency -- it was kind of a __________ type of a thing that he did for children. When they reached the point where they just volunteer, I guess, __________ jobs. You know? And then he did it then. __________ did. I had __________ back of the tape. Look and then he gave me one. __________ And they did have some -- I guess that your attitude has a lot to do with our children, how youth will react to you, you know, it's your attitude. __________: __________ Ross: I watch you to go by my house everyday, and I make it my business to speak to you, you know. __________ somebody's speaking to you. So it has a lot to do with how they react back toward us. Dawkins: All right. Thank you, Ms. Ross. Mr. Smith? Smith: Thank you, Mr. Mayor. Roger, just a point of clarity. At one point I believe it was you earlier said something about using the USO building and that you had talked to Sheriff Butler or asked -- Stancil: __________ Smith: __________ there? Stancil: __________ council meeting Ms. Ross had asked about the use of the USO building -- Smith: Right. Stancil: -- and in our staff meeting with city staff, we agreed that that was certainly a possibility because we are rearranging some of our programs and there is space in that building. To provide the space until -- (END OF TAPE 1, SIDE 1) (BEGIN TAPE 1, SIDE 2:) Stancil: -- Straussenburg, the county manager, if we were to provide the space, do you think the sheriff would be interested in talking to us about staffing that space. And Cliff indicated to me he had talked with the sheriff, the sheriff had indicated to him that he'd be willing to talk to us about staffing it. Now that was also before I was aware that the sheriff was talking about using the -- his annex, but -- so we do have -- Smith: I guess I was -- Stancil: -- we do have a facility that would be available. We don't believe we are the people that ought to staff it because that's not what we're in the business of. Smith: All right. Okay. Thank you, Roger. Thank you, Mr. Mayor. Dawkins: All right. Thank you. Okay, let's go to the -- our folks that want to speak in the audience, Ms. Jones. We'll first go to all of those that want to speak in favor, whichever is, A or B, if you'll just make sure we have all of those speak first. And then we'll go to all those in opposition, whether it's A or B also. Jones: __________ speaking, Mr. Mayor? Dawkins: Okay. Jones: Mr. Grant F. Cleverly. Dawkins: All right, sir. We're glad to have you. If everybody would come to this mike and give us your name and address. Cleverly: Mr. Mayor, council members. Grant Cleverly, 4717 Pamlico Road, Fayetteville. I'm glad we saw -- you all saw that tape. I happen to watch it on the monitor. Now if you remember that first portion of the video, that kind of states my case. Now that could be -- that young man that was booking, he could be coming from Spring Lake, Cumberland County, or Hope Mills into Fayetteville. I think that if you don't -- I -- I've been raised in curfew areas and these people that are gonna abuse it are smart. They're not going to go into an area that they're gonna be subject to random I.D. checks. Their going right to an area that doesn't have that check. That check takes one more problem area out of the way for little kids. And that -- that's when I was growing up in Detroit we had the curfew. And when we wanted to do whatever we wanted to do be it right or wrong, we got out of Detroit. We did our thing, then came back into Detroit. But it's not gonna work if we don't get with the program. Because I don't think the council is gonna have much option, because if you save one person from getting mugged by a kid, or raped, or burglary, any damage, property damage or anything. If we don't enact this curfew, then that could, that could be the cause. So, that's all I have. And I hope you think hard on it. Thank you very much. Dawkins: All right. Thank you. Jones: Rick Leslie. Dawkins: All right. We're glad to have you Rick. You give us your name and address. Leslie: Mr. Mayor, councilmembers, My name is Richard Leslie. I live at 4712 Beaufort Drive. And that's in one of the newly annexed areas or subdivisions. I'm glad to see Mr. Cleverly here tonight. I've also got another individual Mr. Harris, here tonight. I'm in favor of the curfew, as are many of the people in the Oakdale subdivision. However, there are certain things that you -- that you should look at, or that we deem you should look at. You can't really hold the parents responsible for what the teenagers do. Some parents do need to be held responsible, I'll grant you that. But you can't hold the parents responsible for the ones that are 15 and under if you can't control the 17 and under. Because a lot of your trouble is coming from the 17 and under, more so than it is the 15 and under. That's a lot of my problems in the Oakdale subdivision. I know it's a state law that says at 16 they can quit school, but the parents are still responsible until they're 18. They can't force them to get a job, so they -- they're responsible for any mishap or any damage that they do to peoples' property up to $1200 a year. Something has to be done somewhere along the line. I hope that you would take that into consideration. I know the police department has a hard job in -- in trying to enforce the laws that they have now. And dealing with these teenagers is gonna be even a bigger problem. But what happened to the truant officers? We had truancy officers years ago. Why can't we bring them back? I appreciate your time. Thank you. Dawkins: Thank you very much. Jones: Mildred Ogylsby. Dawkins: Yeah. Ms. Ogylsby, we're glad to have you. Ogylsby: Thank you, Mayor Dawkins. And good evening councilmen. I'm in support of the curfew, but I've lived through generations of curfew. During the forties, late thirties, we had curfews in the cities. And that was to monitor all age groups, to get them off the streets, because of the practice war drills we had. So curfew to me doesn't mean punitive. It means protection and helping. So therefore, I support it, and I do believe that the police department does not have adequate manpower. I did understand we had auxiliaries at one time, even retired police officers, retired professional people, that we can call back into auxiliary force to help with the youth, so the police officers can be free to go. I think we need that, to establish an auxiliary force again, to help with the curfew, and not just put it on the police department. I am in support. And -- but it is not punitive. The youth must be made to understand it's to protect them, not to punish them. You'll always have that percent that lead our children astray. But I also agreed with the formal speaker there, we have those 17, 18 years old out there, leading our children into delinquency. So the community watches, the police departments have to keep a watch on them too. When we're out there gathering up the young ones that shouldn't be on the street, we should also give warnings to the ones that are 17 and up. Not to hang on the community corners, not to hang in the middle of the streets. Send a message to them, too, that we are watching. Thank you. Dawkins: Thank you very much. Stancil: Get her address. Dawkins: Ms. Ogylsby, did -- did you get her address? Ogylsby: Oh, I'm sorry. Dawkins: That's all right. Can you give that to her? Thank you. Ogylsby: I did give it. Stancil: Yeah, you did. Dawkins: Did you give it to us? You gave it. _________: __________ Dawkins: Okay. Thank you. All right. Jones: Jacqueline Moyd. Dawkins: Glad to have you, Ms. Moyd. Moyd: Good evening. My name is Jacqueline Moyd. I live at 1801 Gola Dr. in the Bordeaux subdivision. I came before you last summer about a curfew, and I also went to the county. My concern is that the curfew is not going to solve all the crime problems that the gentlemen referred to. It is -- it is gonna serve as a tool for parents to use. And I'm not concerned that it's gonna stop the crime, because we see that the most crimes is -- are occurring in the 3:00 to 10:00 time frame, and that's because we have a problem with latch key kids. There's no parental supervision in the homes. But we need the curfew to help give the parents a tool to keep some of their children like the younger children who are influenced by 17, 18 year olds in the homes where they should be and under supervision. It is not gonna solve all our problems, it is gonna give us something to work with and then later on maybe we within the schools, the churches, community organizations, we can work with the parents in getting them or providing parenting skills that will help them keep the children, providing them with some activities during that time period from 3:00 to 10:00. The only thing I see, like the gentleman referred to, if there's a curfew around us, then the people, the children will go where there is no curfew, and that would be the City of Fayetteville. And they can do whatever -- whatever they want to do. And these concerns about the crime during that 3:00 to 10:00 period, have been addressed in SAVE conferences. We understand that it's going up, and it is younger children who are committing violent crimes. But that is a problem of our society. When the parents have to be out of the homes to work or whatever and the children have no supervision. We do need a curfew in Fayetteville, North Carolina. And I pray that you all will consider it. Thank you. Dawkins: Thank you very much. Jones: Mable Smith. Dawkins: Ms. Smith. Smith: Thank you, Mayor, or Mayor Pro Tem, councilwomen, councilmen. Thank you for the opportunity. I do stand here in support of a curfew for the city of Fayetteville. I believe in the old saying a stitch in time saves nine. If we can prevent a kid from get into serious trouble by imposing a curfew for him to know that he has to be in by a certain time of night, or that there is someone that is interested in his activities, I think this might help some kids. It's not gonna help all the kids, but if we can save one kid, then to me this is worthwhile. And as the previous speakers have said, if they have curfews surrounding us, we do not have it, we are opening other doors for all of them just to come in. And our crime rate will continue to rise in the City of Fayetteville. I just hope you will consider that, and I do support it. I realize it's gonna be a lot of work for the policemen, but I don't think we are here tonight to decide how it will be done. We are here to say that we are in support or we are in opposition. So I am in support of it. Thank you very much. Dawkins: Thank you, Ms. Smith. Smith: I didn't tell you my name. My name: Mable C. Smith. I live at 1606 Deep Creek Road, Fayetteville, North Carolina. Thank you. Dawkins: Thank you. _________: That's all. Dawkins: All right. Jones: Mr. Clinton Harris. Dawkins: All right. Mr. Harris, we're glad to have you. Harris: Good evening, Mayor and members of the city council. My name is Clinton Harris. I live 4713 Watauga Road. I'm here to speak against the curfew as written. I've told the county the same thing, that between the hours of 5:00 and 6:00 there is no crime that you can measure. So why are you diddling in the parent's right to control their own children? I don't see this as something that benefit this city or this county, a curfew that goes until 6:00 in the morning. I see it as a irritant type thing that will make more parents dissatisfied with the government than it is today. We got militia's all over America because they are dissatisfied with you as their representative. Stay out of people's business. You ain't got no business there. I would never had gotten to school on time if I had to wait until 6:00 to go out of my parents' door, to feed hogs, cows, chicken and pigs. These things had to be done before 6:00 in the morning. I've always told my children if you're gonna participate in athletic programs, you gonna be out of this house exercising at 5:30 in the morning, and you come back by 6:30, and get ready for school. Now you're gonna take that away from my children? On what grounds? For what? There's no law out there. I mean no crime being committed out there, and I'm just using my children as example. I don't -- I don't want to get too far fetched over there talking about things that I can't back up. I just want to talk about the things that I know about. You have taken all the tools from the school system -- you -- government. So therefore, you can't teach the children. Now you're gonna blame the parents. You told the parents one time we don't want you around the school house. Now you're begging them back. And it's the parents' responsibility for everything. No, it's not. It's you. Government. It is the government that have destroyed not only Cumberland County and the City of Fayetteville, but the whole entire United States of America. We might as well be living in a dumb place like Cuba. To live where we are, and see the companies -- I mean, countries who are out there -- what do they call it -- manufacturing or -- or advanced countries of the world, I think we rate somewhere around 13th in that group of countries. Why? Because we don't have in mind our working together. All we want to do is dictate. Thank you. Dawkins: Thank you, Mr. Harris. Harris: Oh, incidentally, in tomorrow's paper you will find a article in there telling you why the school officials and the legislatures from our county don't feel that smaller classrooms will be a benefit to this county. And that is again part of the bad thinking that we have to deal with. Thank you. Jones: Al Albert. Dawkins: Al, we're glad to have you. Albert: Thank you, Mr. Mayor. It's good to be back. It's been awhile. Members of council, good evening. I am also here tonight to oppose any and all curfews. I'm not gonna throw statistics around, but I do have one from the Department of Justice of the United States of America. About 51.9 percent of arrests for all offenses are between the ages of -- are people between the ages of 19 and 34 years old, unaffected by the curfew unless we decide later on to put one on them. I brought a copy of the constitution with me, I cut out of the paper a few years ago, because I guess it still means something. I'm not sure. But before I start I would like to say I have faith in our youth. I do very much. When I was in high school, which was the class of 1974, I was talking with some classmates, and we were talking about the future, and talking about how we were gonna raise our kids if we were gonna have kids, what careers we wanted to go into, and I made a comment like well I'm scared of the future. Not technology, never scared of that. But I was afraid of what I could -- called, I didn't know the word at the time, but I call it ultra-conservatism. I think we're getting a big, big dose of that in the 1990s. And about the constitution. I know, you know, the curfews have been found legal according to the Supreme Court, but the constitution doesn't say anything about rights by age. The only thing I could find in the constitution that has anything to do with age says you must be 25 years old to be a representative, you must be at least 35 years old to be a senator or the president, and to vote you must be at least 18 years old. I think Mr. Harris hit on it. I think we're becoming a police state. The United States is becoming much more interested in punitive causes instead of preventive. I don't consider this preventive at all. I don't want us to criminalize activities that are not criminal. Personal, private activities, no matter how old you are, are no business of the government. Our police have much more important things to do. Our crime statistics overall will bear that out. I think that all of us -- and I'm not gonna point fingers. I'm just as guilty as everybody else. We are or have become, in my opinion, fear mongers, and paranoia pushers. We let fear dictate our actions. And a lot of that action is to restrict our rights. An atmosphere of fear will weaken, and it does weaken, citizens resolve to protect their rights. It makes people more willing to submit to government rights infringement. We also scapegoat a lot. We blame everybody else for all our problems instead of looking in the mirror and saying me. We do have an unwillingness to address real problems. And a curfew or youth protection ordinance assumes potential criminal intent by youth or anybody else. I mean, hey, this could be me one day. It could be applied to anyone. I mean, right now, if you go to the bus station, you're pretty much assumed if you ride a bus that you're a drug pusher. Everyone is suspect in the United States today, and you must prove your innocence. That's not what I was taught in school. We're becoming a nation of sneaks, and snoops and government informants. And I have a quote, but I think the one I'm gonna read afterwards is better. If you're unwilling to stand up for the rights of any and all groups, which some people in the past have had the guts to do and laid down their lives to do it, I think yesterday was a good example of that, be prepared for no one to stand up for your rights. But Mr. Jefferson said it best. Two quotes. "If a nation expects to be both ignorant and free in a state of civilization, it expects what never was and never will be." And the best quote from Thomas Jefferson. "A society that will trade a little liberty for a little order will lose both and deserve neither." Thank you. Dawkins: Thank you very much, Al. It's good to have you back. Ms. Jones? Jones: Jim McDermont. Dawkins: Mr. McDermont. Massey: Excuse me, did we have an address on Al? Jones: 3023 Brechin Road. Dawkins: We're glad to have you, Mr. McDermont. McDermont: Thank you Mayor. Thank you all, councilmembers, for holding this hearing and for inviting me down. My name's Jim McDermont. I live in 217 Lofton Dr. I'm a PTA president. I'm a school volunteer. I'm a retired teacher, and I'm a father of three. Two of whom happened to grow up, one of whom is still growing up, in the Fayetteville area. I know the importance of what you're considering tonight. And I know that this, you know, I know what you're trying to do, and I appreciate the involvement here of the community. We all want what's best for our community and for our children. And this is an area, I think, where reasonable people may be expected to disagree, and I disagree on this particular ordinance. My problem is that I don't think it will do what we all expect it to do. I think it will produce some undesirable results. Number one, I think it's going to create a criminal class where there's no crime. Being out on the streets now will be a crime. It's never been a crime before. And I think back to prohibition, and I know the failure of prohibition, and I think about gun control today, and how gun owners and users are being made into criminals. And I think the -- about the people who smoke tobacco and they're being turned into criminals. And I can't think but this is the wrong way to go. Number two, I think it puts police in the role of parenting. It gives police a job that they are neither capable of doing, nor reasonably should do. Even if they could do it, you would never have enough police. You would never be able to fund enough police, and if you could fund enough police to put one on every corner of every block in the city, I'm not too sure what that would accomplish. I'm sure it would have some bad consequences. Finally, I think that from what I hear tonight, about being a tool and you know, not being -- it seems to me that what we're saying is this -- this is an ordinance that will not be uniformly enforced. This is an ordinance that we're going to use to find the -- you know, the select neighborhoods, the dangerous areas, the suspicious looking kids, and those are the ones that the police are gonna target. Needless to say, this is going to open up substantial claims for harassment and bias and prejudice and all kinds of things that the city and the community really don't need. The problem is a real one, and it deserves a real solution. You know, looking at the statistics tonight that were presented to the city on crime, a couple of things stood out in my mind. Number one, given the fact that we -- we had somewhere over 50,000 school age kids. Those numbers are small. We're not talking about large numbers. If it were done on a rate basis perhaps, you know, on a per thousand, you know, 16 or under, we'd see some very small rates. But the other thing it says is, if you looked at the victim data, the victim data shows that all of these assaults are occurring, and most of the trouble is occurring, at or around school times. Having been a teacher I can tell you probably mostly around bus arrivals and departures. Because that's when the kids get off the bus, and they're real pumped up and they've had a couple of hard times and they got grudges they are carrying, and maybe their parents are abusing them, or who knows what. But they come off the bus raring to go, and they get into the crowded hallways, and fights break out. You know, basically what I'm saying is it looks like school, you know, we're not doing a good -- good enough job with nonviolent techniques in handling teen confrontations. You know, in fact, I think we're probably not doing a good job ensuring nonviolent solutions to these situations in the most supervised environment that we have in the community which is the school. And if we can't do it in the school, what makes us think that -- you know, where we have a security officer already positioned, already stationed, what makes us think we're gonna achieve a better result on the streets? The second thing is that the victim data seems to show that homes may not be the safest place. What are you gonna do, return a kid to an abusive home? The kid is running away because of some reason. The kids are on the street because of some reason. You know, are we gonna return to that -- that problem zone then we've got another set of problems we're gonna deal with. You know, looking at that data kind of gave me some different conclusions. I don't think creating a criminal class in this case is going to solve the crime problem, if in fact we really have a teen crime problem. Holding parents accountable for the actions of minor dependents, creating healthy activities, after school and community activities for children and young adults, and maybe enforcing the existing laws to the fullest extent are better answers than creating a new law and a new set of problems. I want to close with an anecdote involving my daughter, who's a sophomore now at Pine Forest high school, and the police force, and I want to tell you that the conclusion to this is I think we have laws out there that can work. My daughter went out last weekend with some friends to the mall. Good place to hang out when you're a kid. They went to the mall in a friend's old beat up car, and the car broke down in the parking lot of the mall. And this was late at night, this was around nine or ten at night. And so they were standing around not knowing what to do, they're staying in the parking lot, and one of the uniformed officers on bicycles, a female, approached them and said what are you all doing? Reasonable question. And they all said, well, you know, we're standing around, we're waiting for help. And this officer directed them to get in the car. And they were all frustrated and angry and said well why do we have to get in the car? And the officer didn't really explain, but she said get in the car because if you don't I'm gonna take you downtown. Now, my reason for saying this is I believe the officer did the right thing. The parking lot of the mall is not the safest place for teenagers to be standing around at night maybe. And she probably got them out of a bad situation that, you know, for her reasons not saying I don't know why, but putting them in the car made me feel better as a parent. Knowing that they would at least have the locks and the doors on the car. But the point of this story is that the police already can enforce teen control. They do it. They do it routinely. And I think that creating another vehicle, one that has a lot of potential dangers, is not the right way to go. I thank you again for the opportunity to come and present a different side. Dawkins: Thank you, Mr. McDermont. Is that all? That's all from the audience. We're gonna take a five minute break and come back. (The proceedings recessed.) (The proceedings resumed as follows:) Dawkins: Let me go to Mr. Dempster. Dempster: Thank you Mr. Mayor. If I could, I'd like to ask Captain Honeycutt from the Charlotte-Mecklenburg police department to come up. Dempster: If that's in order, I mean, I -- He's here, and -- Dawkins: Yes. Captain Honeycutt is -- met with us back in January at the Art Center with the county commissioners on -- we're glad to have you, Captain Honeycutt. Honeycutt: Thank you, Mayor, Councilmen. Dempster: I'd like to thank you for being here. It's a nice long drive. We appreciate it. Honeycutt: Yes, sir. Dempster: Charlotte-Mecklenberg has a curfew; is that correct? Honeycutt: We have a child protection ordinance with a curfew provision, yes, sir. Dempster: Could you tell us a little bit about that? Honeycutt: Yes, sir. Our -- our ordinance I think is similar to the one that you're considering now. It covers any child in Mecklenberg County who has not reached their 16th birthday. The hours are 11:00 at night to 6:00 in the morning, except for Friday night and Saturday night, and then it's midnight until 06:00 a.m. There are 11 exceptions to the ordinance, that cover various activities where they would be accompanied by an 18 year old, they would be on some kind of emergency plan for their family, going for assistance, something like that. Going to the drug store, attending a function that is sanctioned by the church, by a civic organization or by the city, things like that. There's a good bit of provisions that -- that keep children from being in violation of the ordinance when they're on legitimate business. Traveling through the city with their parents. Enroute from one state to another, things like that. The -- the ordinance does not cover anybody that has reached their 16th birthday, doesn't cover anybody who has been emancipated by the courts, is married or a member of the armed forces. That's generally the provisions of the ordinance. Dempster: Now statistics-wise, do you -- do you have some statistics in reference to this youth protective ordinance or has it been effective? Is Charlotte gonna continue with that kind of thing? Honeycutt: Let me tell you the latest statistics. May 15th was the second anniversary, and so far we've had 868 violations of the ordinance in Charlotte-Mecklenberg. Now last July, the town of New Hill passed the ordinance and also the unincorporated area of Mecklenberg County passed the ordinance. So we now have actually three ordinances. They're all identical, the provisions of them. The only difference is the name. One is for Charlotte, one is for Mecklenberg County and the other one is for the city of New Hill. Total we've had 868 violations of the ordinance. We've had 6 percent more violations in the second year of the ordinance than in the first year, and I think that partially accounts for the increase in territory in New Hill and the unincorporated areas of Mecklenberg County. We're still seeing that 24 percent of the children that are in violation of the ordinance and that are -- that come in contact with the police are involved in some other kind of criminal activity. Two percent in the second year were victims of the crime. In the first year it was three percent. So we've found during the first full year that three percent of the children that were in violation of the ordinance were -- had been victimized by either an adult or another juvenile during those hours covered by the curfew. We have had eight incidents where the department of social services had been requested and responded to the police officer when they found the -- the child in violation of the ordinance. We have made ten additional referrals to the department of social services for follow up investigations of either abuse or neglect. We've had 73 children in Mecklenberg County violate the ordinance more than once. And we've had 12 incidents where the child has -- where a child has violated the ordinance three times or more. Our most severe violator of the ordinance was -- has violated it seven times, he is now in training school. He was placed in training school for that plus seven felony violations that were actually the basis for placing him in training school. We have had one adult babysitter charged with violation of the ordinance. We've had ten juveniles taken to juvenile court, and we've had one business charged with violations of the ordinance. We have found in the first full year of the ordinance, we found that the children that violated the curfew provision averaged being 2.6 miles from their home. In the second year, it's 2.1 miles. So the children that are violating the curfew are staying, on an average, close to their homes. That -- that actually cuts down on the amount of time that our police officers have contact with the juveniles. We're able to pick them up, have a conversation with them. Our policy is that we take that juvenile home, we do not take them to a detention facility. We opened up a detention facility for -- for some of the same fears that I think that you're going through right now. And we didn't know what we were gonna do with children when we could not find a responsible adult. That has not occurred. The longest that we've actually had a child in our custody has been an hour and a half with the exception of one incident. One of our farthest curfew violators came from Columbia, South Carolina. We called the parent, told them that their 15 year old son was in violation of -- of the Charlotte-Mecklenberg -- was in the custody of the Charlotte-Mecklenberg police department and in violation of the curfew. She -- she assured us that that couldn't be her son, he was camping out with a friend down the street. We described her red headed son that was about my height, and it took her about three hours to get up in the middle of the night, it was about 3:00, and get to Charlotte to pick up her son. We have had some other violators that have been outside the state. This is one of the -- we have had a number or runaways from other states that found themselves in Charlotte in the middle of the night. Police officers found them to be in violation of the curfew, and then found out that they were runaways from other jurisdictions, other states. Once again our policy is to -- to talk to the child when we -- when we make the contact with the -- with the suspected curfew violator. We want to find out why they're out there, what's -- what's going on in the home, what their reason for -- for being out is. We take them -- we take the child home. We think that that's the more prudent thing to do with this child. We want to do a couple of things. We want to talk to the parent. We want to find out what kind of problems the parents might be having with the -- with the child and see if we can't help them mitigate those -- those problems and see if we can't get them some other kind of help. Number two, we want to look at the home environment, so our police officers as we're standing in the -- in the living room talking to the parent in the middle of the night, and talking to the child about why the child was out there, we're looking around. We want to -- we want to see if there's any heat in the home. We want to see if the child's hungry. We want -- we want to ask the parent can they provide adequate care and supervision and -- and -- and the necessities of life, if you will. Those -- the absence of some of those things are the cause -- are the reason that we've had the department of social services respond to the scene. We want to find our what kind of conduct is going on in the home so that we might be able to identify some abuse and some neglect if it's going on. And I don't think it's prudent for us to think, well that might be a neglectful home so it's okay for the children to be out at -- out at night. If I've got a child that's out late at night because of abuse or neglect in the home, then that's my job to identify the -- that circumstance goes on and then take some action. If it's taking it home and working it out with the parents that's fine. If it -- if not, it's maintaining some temporary custody and calling the department of social services so that we can get that -- that child the care and need and supervision that -- that is needed and warranted. One of the things that I'd like to say to you is that if you're just passing this ordinance to have a curfew just to make yourselves feel good and make the community feel good, then you're probably doing it wrong. It's the spirit of the ordinance that you're -- that you're about to -- that your considering enacting and it's the spirit of the enforcement. We should -- you should go into it that this is an ordinance to protect children and that is the reason that we passed it in Charlotte-Mecklenberg, and that's why we aggressively enforce it in -- in the ranks of the Charlotte-Mecklenberg police department. We go into it with the eye towards protecting the child and not just getting up a bunch of numbers and statistics and taking children into juvenile court. We have a three strikes you're out. We wont -- we don't take the child into juvenile court until they've violated that curfew three times or more. Our focus is protecting that child, keeping them from being drawn into criminal activity, and keeping them from being victimized by other juveniles or by adults that might have that -- seek that as an opportunity. Dempster: Let me ask you a logistical question. Now say you have a curfew violator in your car, in the squad car and another call comes in that there's -- there's an emergency , you know, what does your -- what -- how do your officers re -- deal with that? Honeycutt: That -- that officer is out of service and will not respond to even an emergency call. That -- that police officer has an individual in custody and will not respond until he has cleared that call. Dempster: Someone else in that particular zone would just have to handle the call like -- like a stolen car or something, you know, however it would -- it would work out? Honeycutt: Right. Generally the -- obviously the later on at night the -- the calls -- calls for service begin to subside. Depending on the day of the week obviously. But that has not been a problem. We have 1301 police officers to -- to supervise a residential population of 600,000 people. And that has not been a problem for us. Dempster: 600,000? Charlotte? Honeycutt: We have a residential population of 600,000 and a daytime population of over a million. Dempster: Wow. Dawkins: Chris, let me -- and I'll come back to you. I have some more that want -- may want to ask captain, but I'll -- but I'll come back. Let me go to Councilmember Smith, and then Ms. Ross. Smith: Thank you, Mr. Mayor. Captain Honeycutt, if you can help me understand when this ordinance or child protection ordinance or curfew -- it starts out as an undiscipline offense, and then it becomes a delinquent offense? Honeycutt: It would be a delinquent offense when we charge them and take them to juvenile court as a violation of the city ordinance. Smith: So that's after the third time? Honeycutt: Yes, sir. Smith: And I believe it was stated earlier about someone that you had identified a problem area, the arboretum there in -- Honeycutt: That is our -- our most prolific curfew violation area. It's in the southeastern part of Charlotte, in the Baker two area. And they -- Baker two has had 179 violations which is 20.62 percent of the -- of Mecklenberg county. That is the highest concentration of curfew violators. Smith: Thank you, sir. Can I ask, I guess, Lt. Halick a question, Mayor? Dawkins: Yes. Lieutenant, if you will come to this mike? Captain if you will stay there, there may be another question or two. Lieutenant -- Smith: Lt. Halick, have we identified anywhere in the city of Fayetteville that would be say, compatible to the Arboretum there in Charlotte that we're having a problem with late night juveniles hanging out or anything? Lt.Halick: I mean, we've -- we've got general ideas, and we -- we know some hot spots and some of the areas at nighttime would probably be the public housing -- Smith: I mean, I was thinking more along the lines of the numbers that -- of course, not the same proportions, but if we had any place that would iden -- that we've identified that would -- this -- a curfew ordinance would help. Lt.Halick: I -- I -- I can't answer that question. I just don't know. I'm -- I'm sure there's probably areas in the city that we -- we have busy zones, we have zones that are not as active as others. You know, we have areas of interest that we just annexed that would probably be busy, the mall area and public housing. I -- I don't know that I could just say that there's one particular areas within Fayetteville that would -- would benefit from that. We have -- our -- our area or the busy areas are kind of spread out throughout the city. Smith: Okay. That's -- that was more or less my question. There's several areas, but not -- none in specific where you could target and say this is -- is the biggest hot spot we have for juveniles hanging out. Lt.Halick: I -- I think that I would be correct in saying that. Smith: Do you foresee with the county passing their ordinance as it stands, do you foresee an influx of juveniles, I guess, into the city to start their hanging out in the city? I know I'm asking for special action. I'm not -- Lt.Halick: You know, and I don't know I can answer that. I -- I -- I will probably say that, you know, I mean, even if they came into this city, if they weren't doing anything wrong, I -- I don't know that that would be a big problem for us. I think we need to be real concerned with our repeat offenders that -- that -- those are the ones that are going out and being out and -- and -- and creating our crime stats. If -- if they're in a parking lot, or if they're out in a neighborhood, and they're sitting around cars and talking, then I -- that's -- that's not what's causing our problems. Smith: Okay. Lt.Halick: They're not involved in -- in -- they're not involved in the crime stats. Smith: Okay. Thank you, sir. Mr. Mayor, I'll defer to my other councilmembers, but I have a question for Ms. Conig also later. Dawkins: All right. Okay. Thank you. Let's go to Ms. Ross. Ross: __________ Dawkins: __________ thank you. Ross: I -- I heard what you said about __________ for other situations involving children. That's why you __________ the way __________ but you give yourself so much time for these young kids, __________ . That's the whole key. Now, mentioning that __________ I -- I looked at a tape that they have had for a long time. __________ amazing __________ true placed over there at the neighborhoods where they had the __________ . What's the planning? Dawkins: Uh-huh. Ross: __________ I heard that the __________ the tapes they've had. Whenever you wanted __________ in his office to take a break, that's when he __________ into that __________. You know, so it's the person that counts. That's the whole thing. It's the whole thing about chi -- young people. And they need somebody to put their hands on the children and __________ them. You doing the wrong thing, and sooner or later you gonna reach them, you gonna get through to them. And that's a beautiful thing. I'm so proud of you. _________: Well, thank you, ma'am. Dawkins: Thank you. Thank you Ms. Ross. Let me go next to Councilmember Kendrick. Kendrick: Thank you, Mayor. Captain, on the average what kind of time is spent with a juvenile, by an officer? Honeycutt: I would say between 30 and 45 minutes average. Kendrick: Has Charlotte-Mecklenberg, since this is a merged operation with the governments there, has there been -- have you seen it -- has there been a reported drop in the crime rate associated with the curfew time and the crime rate that took place at that time? Honeycutt: It depends on which crime you're talking about, there -- Kendrick: Part one or part two? What we were showed this -- this evening which you saw was the -- was the crime rates and the different hours. Has there been a drop in the crime rate? Honeycutt: There has -- I've got to say there's actually been a slight increase. You gotta -- and we're talking about not the crime rate, but we're talking about the juvenile arrests, and that -- and that's important that we differentiate those two. Because, I mean, we know that crimes are unreported and we're -- I'm talking about juvenile arrests. Now there -- there are crimes that are committed during those hours that we don't know whether they were committed by a juvenile or an adult, so -- so this ordinance can't address that. What it does address are -- are the juvenile arrests, and once again, 24 percent in the first and the second year, 24 percent of the children that we come in contact with during those hours have been involved in some other criminal activity besides being in violation of the curfew. So, those numbers tend to be up. They have elevated some of the crime stats because our officers are coming -- are detecting actually more violations, so the juvenile arrests during those hours is actually up. Kendrick: Okay. And so the -- for additional clarification, on the -- on the -- on the juvenile crime, so our crime report that we was -- was displayed this Charlotte-Mecklenberg doesn't have such figures as that? Honeycutt: Yes. Kendrick: It does? Honeycutt: Yes, I have them here. Kendrick: Well, I -- my -- you got them, it really doesn't matter at this point. Honeycutt: Okay. Kendrick: But let me ask you something. Is the crime taking place more in the evening hours or in the daytime, or... Honeycutt: I would say to you that the numbers in Fayetteville are very similar to the numbers in Charlotte-Mecklenberg, although the aggregate numbers in Mecklenberg county are gonna be significantly higher. Kendrick: Right. Just due to population in the area? Honeycutt: Yes. Kendrick: With -- with regards to, and I know that you alluded to the fact of the detention process that Charlotte really does not participate with that, of holding the youths over? Honeycutt: No, we do not. Actually under North Carolina law you can old hold them 12 -- in temporary custody for 12 hours, or 24 if any part of the 12 hours falls on the weekend. But we don't have the facilities, we opened up the park and rec facility and Naomi -- and Naomi Drennon Center, but we only left -- had it open for eight days because we didn't need it. Besides, that, I think, takes away from the spirit of the enforcement. I -- I still want that officer to talk to that -- to that child, and then view that home environment. I want -- I want him to take that child home. You know, it's -- it's easy to say let's open up a facility and let's have the parents come down, because I got a lot of arguments from my officers about -- about that. Why are we taking these kids home, why don't we make the parents -- why don't we inconvenience them, get them to come down to the facility and pick them up, and maybe that makes a little bit more of a point to them? Well, that's fine for -- for people like you and I that have a spouse, and we have two cars, and our gas tanks full of gas, and we got somebody to take care of the siblings. But when you start talking about a single parent who doesn't have car, lives in public housing, got siblings, it's -- it's the wintertime, it's 3:00 in the morning, and their oldest child has snuck out of the house, and there's no bus service, how's she gonna get down there to pick up her -- her oldest child when she's got two more that are in the house? And -- and our policy is we're gonna treat everybody alike, so we're gonna take those children home. We're gonna treat everybody alike, and then when we get there we're gonna look at that home environment and see what's going on. Is there a neglect situation? Is there some help that the parents need? Is there an abuse situation? Is that why the child's out late at night? We're gonna look at -- try to discover all those things. Kendrick: With -- with regards to the law enforcement, if __________ is one more subject Mr. Mayor -- Dawkins: Yes. Kendrick: The enforcement tool, we have a sheriff's department and we have a police department, two completely separate agencies, as well as Hope Mills and Spring Lake and any other municipality. How is the enforcement done in Charlotte-Mecklenberg? Is it separate agencies such as what we have here, or is it merged, or how is it -- Honeycutt: Agencies. Charlotte-Mecklen -- Charlotte police department and Mecklenberg County police departments merged just -- just over three years ago, so we have one (END OF TAPE ONE) (TAPE 2, SIDE A:) Honeycutt: -- involved in civil processes, the courts and running the jails. The enforcement is carried out through the Charlotte-Mecklenberg police department through -- throughout our normal ranks. Kendrick: Okay. So -- so it's a police department, county wide, basically what you're looking at? Honeycutt: Yes, that's true. Kendrick: And the sheriff's department plays a role in the civil aspect of it? Honeycutt: Right. There's also five small towns in Mecklenberg County that have their own police departments. One of them, Huntersville, has it's own curfew ordinance. Kendrick: Okay. Thank you very much. Honeycutt: Yes, sir. Dawkins: Thank you. Let -- let me ask council are there any more -- I know Mr. Smith has a question of Attorney Conig, are there any more questions of Captain Honeycutt? Let me go to Councilmember Cheek. Cheek: Mr. Mayor, I had some questions but not of Captain Honeycutt right now. Dawkins: Okay. All right. Mayor Pro Tem Blackwell? Blackwell: Not of Cpt. Honeycutt except to say thanks again for coming. Honeycutt: Sure. Dawkins: All right. Okay. Captain, we thank you. If you just sort of sit by, there may be some later. Honeycutt: Glad to. Thank you, sir. Dawkins: Thank you, Cpt. Honeycutt. Let me go -- Actually, Councilmembers Cheek and Blackwell have not been able to ask questions yet, and I'll come back later, Mr. Smith, to you on Attorney Conig. So let's go in that order, Councilmembers Cheek, Blackwell and Smith. Cheek: Okay. Thank you, Mayor. The point was made that the spirit of any ordinance is important, and it certainly is, and I think that this community has a demonstrated concern about our crime rate and about our young people. We are working very hard in our school system now. We've worked very hard with our school resource officers, and with other city programs to make this a family friendly city, and a youth friendly city, and I think that anything that we're discussing tonight, I view that as being in that spirit certainly. And what people whom I have talked with are concerned about is what is the best way to use our resources to support our young people's needs, and also to protect the public at large from the undeniably serious, very serious actual part one crimes that we have, and part two crimes that are being perpetrated now. How do you -- we need to look at that also. So I had some questions about just our police abilities. About how much -- do we need more police if we're going into this. But also another thing that has demonstrated this community's concern for the public protection, public safety and quality of life, is our crime summit, and the endeavors that have been going on for well over a year through Metrovision. And this has been an interagency, intergovernmental, public/private partnership over months and months that has worked on this very issue that we're talking about here tonight, juvenile crime. And my understanding is that this group has come up with a recommendation of a way to address the serious problems that many young people are facing where they need support in dealing with problems, whether they're their family problems, whether they're society's problems. And there is an extremely exciting and creative juvenile assessment center now being planned by an interagency group representing this council. We've all endorsed it. I understand that there's excellent probability that it will be funded, and it is envisioned that it will be up and running next summer. And this is what the professionals and the parents who work with these young people are saying. This is what we really need, if we really want to get serious about this, let's work together on something that deals -- helps get to the root causes of the problem with the young people. So it seems to me when we're talking about starting a new interagency task force that we already have that. And if we need to hear more from them and meet with them to find out the status of that, I would really suggest that we do that. As far as how to have a place where these young people can be dealt with, and this is already underway, and we're trying to cap a bandaid on -- on a deep problem perhaps where they're very serious efforts and very exciting efforts already underway. I -- I would like to ask another part of what we're working on is with the school system. And I'd like to ask Lieutenant Halick or -- I guess would be the one, to talk with us a little bit about what we're doing now in the daytime hours with young people who may not be in school during the daytime hours now. And how -- and maybe Mr. Milazzo would need to help us with this too, as to what -- how would this protection ordinance in the daytime supplement the school attendance laws that we have now. And -- 'cause I understand that we are doing some really creative things with the school resource officers, with the cooperation of business and people around schools now. So I'm not sure. Lieutenant Halick would you address that? Lt. Halick: I don't know that I'm totally prepared to answer that question, but I -- I know that we -- we are working very closely with the school system and -- and trying to come up with a -- a workable solution to deal with young people that are expelled from school. I think that we've certainly talked about in the past, that maybe it's not the best idea to keep our troublemakers in school to disrupt 99 percent of the good kids. And I -- I know that that's one of the things that the juvenile assessment center was looking at, is how do we deal with young people that are expelled? And -- is there a -- is there a part in the services in our community that's -- that's missing and we're kind of taking a look at that to try to bring that about and to -- to some type of workable solution with a child and the young person. There is a problem with -- with young people being expelled and -- and not permitted to come on school property and being related to -- I guess there's a direct relation between expelled students and crime in our community during the daytime. To what degree, I -- I don't know. But it is probably of significant value that -- to say that young people that -- that cause problems in school and are not welcome probably don't sit at home and watch TV all day. They are out there breaking into houses. I'm sure there's probably more things that can be done with the child, but that's kind of a -- an -- an iffy situation because there's not, there's not an -- there's not really an ordinance or statute out there providing to -- to deal with those folks unless their involved in criminal activities. But that was a real big concern of the juvenile assessment center. What do we do with folks like that? Cheek: And that is -- will be addressed hopefully if our grant comes through which looks like it will. Lt. Halick: Yes, ma'am. Cheek: What about children who are skipping school now? Are -- are we all working with the school system on that? Who are not expelled but who are just sitting around during school hours. How are we handling that? Are we doing anything now? Lt. Halick: Yes, ma'am. Each zone officer, if they see young people under the age of 16, or what appear to be under 16, the -- the uniform officers do pretty aggressively stop and ask the young people where -- where they go to school, are they supposed to be in school. I would certainly say that our rapport with the school system has increased tremendously. We've got a good rapport with Chip Grammar, and if we need to know what's school they go to, we call up his office, he says hey they go to this certain school. We call the principal to see if that child is wanted back or welcome back in that school. If that child is, then we bring the child back to school, and if he's not welcome to school because he's one of those that nobody can -- can discipline appropriately, then we try to locate a parent either at home or at work. See, but the good thing about the daytime, there's just a lot of service that are available during the daytime. So you know, you know, you've got school and you -- you're able to kind of locate the parents that work, or -- or some neighbor that might be home. A little bit different than at -- than at nighttime. But yeah, we -- we don't, we don't just ride by and wave at the child, we do aggressively pick them up and we work very well with the principal and with Chip Grammar. Cheek: Is -- would a day time curfew ordinance help with the children who should be in school, but are skipping do we need that? Would -- would that be helpful to -- to you in your efforts? Lt. Halick: I -- I think that that probably would be a tool to look at, that -- that would probably be more useful than a -- than nighttime curfew tool. Cheek: Is it something that -- how strongly is it needed, I guess. Are the -- I -- I don't know about the truancy laws and how much latitude you have under the truancy laws. Is there anybody here who can help us with that? I realize you're not an expert in school law either __________ Dawkins: Well, let -- let me just suggest this. Chip is probably very familiar with that. And, of course, Chip chairs -- I see at least four of us that are on this committee. Just as an update we meet every two weeks and our subcommittee, Suzan, are meeting those other weeks. And in fact, I think 5:00 today was the last adjournment we had. Chip, why don't you -- because you see it sort of from not only chairing our committee, but of course you -- you have the responsibility in the school system. Lieutenant, you might just stand by, if you will. Chip, we're glad to have you. Grammar: Thank you, Mr. Mayor. Couple things I -- the true expert in Cumberland County school regarding truancy is Mary Gerald. And Mary has been doing that for a few years, but she counseled me before I came tonight, so I think I can -- can address it adequately. Let me say that from -- from a school system's perspective, we do have a -- we do have a compulsory attendance law. It's in the school law statute. Mr. Blackwell's very familiar with it. It's 115-C-378 and it does require attendance of children ages -- between the ages of seven and sixteen. It also covers kids that are younger than that, that go -- are going to kindergarten through second grade that are attending public schools. And that -- it makes that provision covered for that as well. And we have a whole set of procedures that we're supposed to follow when -- when a student doesn't show up for three accumulated days. And there's a letter that we send to the parents at the high schools where our problem is the greatest. We have a number of PTA's and parent volunteers that are calling the families on a daily basis. In fact, I'm the vice president of the Terry Sanford PTA, and we have a phone that we pay for and that we man on a daily basis to notify families, and I think that's pretty common in all of our high schools now to help make sure that parents are aware that their kids aren't getting to school. When they reach the sixth un -- accumulated, unexcused absences, we are required to provide by law again a letter which I have a copy here, that we send to the parents or guardian or person who -- who's -- who's responsible for the child, and -- and basically it says look, we make you aware of the compulsory attendance law, and we tell them they can be prosecuted. As a result of that, once the parents are notified, and get together with the principal, if this happens, then the social worker works with the family, etc., and they attempt to identify the causes and to identify the remedies, so that we get the kids -- we want them to attend school. We know that if kids finish school they're gonna be more successful on the outside. And those that -- that -- that drop out of school become statistically more of a problem for our -- our society. When they hit the ten day accumulated absences there are a couple of things that occur. The principle is required to confer with the parents or the guardian and determine if there has been a good faith effort on the part of the -- of the people responsible for that child and the child to come to school. If there has, then they refer the case to the juvenile intake counselor. If they have not made a good faith effort then it gets referred to the district attorney. Now let me give you some numbers so you get a feel for -- for -- and I'm going to say this is not a perfect system. Okay. I -- I will just tell you that right now. For school year 95-96, there were 14 referrals to the District Attorney. And there were two elementary, eight middle school, and four high school. There were 85 that were referred to the juvenile intake counselors and of that number, over half were middle school. The small number was elementary. This year to date, as of this morning, there were eight that had been referred to the district attorney. And let me just give you the -- the quick rundown. One was found guilty and the mother was put on probation. One moved. One has received three continuances and she's got her final continuance is gonna be completed after the school year is over. We have one that's got a Monday court date, one that received a petition. We're writing a petition last week. One turned 16 before the court date finally arrived so they got it dropped. And then one was just received today. It -- It goes on. But the bottom line out of all this, do we have a problem? I will tell you that we have 52,000 kids in Cumberland County schools. As of the 15th of May, there were 43,671 student days that were coded as unlawful. What that mean -- that's throughout the whole school system, not just within the city. What that means is, that there are 43,671 days that students were unlawfully absent from school. Now there may be one kid who's been absent a significant number of times. But that does not include suspensions, which are also coded unlawful, but they're a different -- they're coded differently. So I started taking a look at some statistics regarding students that were visiting the principal on a relatively regular basis. I wanted to see what percentage of that was skipping. And for -- and looking at high school students, students that have re -- gone and visited the front office and had some sort of action taken three or more times, we've had 20 percent of those actions were as a result of skipping or truancy. Now we don't routinely suspend kids that are truant because that's what they want. We try to keep them in school. So that's -- that's the general gist, and I will say that the school resource officers, part of their responsibility is to go to the neighborhoods to the businesses around their schools. And indeed if you go to Douglas Byrd high school or middle school, you will find that the SROs are called down to Hannaford's, right down the road, regularly; to the Quick Stop, and to various other locations, because there is a working relationship that takes place between school resource officers and the business and local families. And that happens at all of our high schools and middle schools that are around a built up area. So the laws I think are in place. I -- I'll be honest with you, I think the laws are in place. It's very clear. And we're also required to retake them to school or to a -- to a building that has been identified to be taken -- like a juvenile assessment center. And let me just, let me just cover that. If you take a look at the seven major juvenile assessment centers though J-D-E-E-O-J-J-D-P, looked at recently and evaluated five of those as -- as standards that -- for a model. Five of those have a big truancy component. And -- and again, the big issue is kids skip for a reason. We know that, the issue is trying to find out what that reason is, identify, and work. And many times it's a multi-agency kind of a fix that's required. That's a long way to get around a short answer. I'm sorry. Dawkins: All right. Okay. Cheek: Well, it's a very complicated issue and you and I have talked a lot about it and I have really learned and listening to the professionals talk who work with these children in various agencies, this county is beginning to open up communications in a way that hasn't happened before, and -- Grammar: Yes, ma'am. Cheek: -- the potential is just enormous and -- and I think it's good for all of us to have an opportunity every time that we have the chance to talk about the assessment center and how it's coming, and I -- I really appreciate you doing that. I gu -- my last question is if an ordinance were on the books, would we need and would there be a staff recommendation to add police positions? _________: Excuse me. _________: Hey, that's -- that's legitimate. Dawkins: The -- so you want Mr. Stancil or one of them -- Cheek: Uh-huh. Oh, yes, right. Or -- or __________ Dawkins: Our guest? Cheek: __________ budget officer. Dawkins: All right. Mr. Stancil. Stancil: Well, I haven't received a request that if the curfew were adopted that we'd need additional police officers. I think the issue that perhaps is raised is an issue of service and if -- you know, I think in the Charlotte-Mecklenberg examples you were talking about 800 and some violations over a two year period. And you adjust it for population, then 800 and some violations over a two year period is a little over one per day on an average. If you adjust it for population, the violations become over several days one and I think the issue would be just a gradual impact on service that you cannot provide for the amount of time that the officer is dealing with the child. So I don't foresee any requests for additional police officers as a result of any curfew enactment. Cheek: It's just whether we needed to deal with their particularly daytime problems that we have seen documented or already here and are being deal with on a day-to-day basis now. Thank you, Mr. Mayor and council. This is shed -- Dawkins: Okay. Cheek: -- some other kinds of light on this issue. Dawkins: All right. Thank you. And, Chip, of course, we thank you and the lieutenant. Now we have five councilmembers. We're going in this order, Blackwell, Smith, Torrey, Ross and Massey. Breeden. Blackwell: Thank you, Mr. Mayor. Lieutenant Halick, if I could ask you to come back? _________: Yes, please. Blackwell: Thank you. Could you tell us what your major assignment is in the Fayetteville police department? Lt. Halick: I'm the -- the supervisor for the youth services unit and one of the other supervisors for the property crimes within the city of Fayetteville. Blackwell: So you mainly deal with youths? Lt. Halick: Youth and adult property crime. Blackwell: Okay. If you had an ideal situation, and I have some specific questions I'd like to ask you, and if you -- if you don't feel you can answer those I don't know if Chief Hansen or Mr. Milazzo would like to come forward. I'd just like to get the answers to these questions. But if you could wave a magic wand tonight to protect our youth with the -- the experience you have had, what would it be? Lt. Halick: I -- I have found with -- with my experience in dealing with the youth that we may have a lot of numbers when we start looking at juvenile crime and perhaps all those little numbers probably put us into light as far as being maybe above the rest of the people in the state. But what we really see is that our problem is with the repeat offenders within our county. It -- it's not the child that -- that skips to school one time, or it's not -- not the child that gets into a -- a simple fight with someone else. The child that has been through the system over and over and over again that knows how to play the system and knows how to play the authorities that work the system, those are the ones that we see that -- that go out and commit the violent crimes. And I think that's probably what a lot of this has been through the months we've talked about. The armed robberies, the -- the homicides, the rapes. Those are not the type of crimes that somebody that -- that is basically good goes out and commits, bam, all at one time. We -- we see that they progress with the crimes, and -- and those are the children that we need to get a hand on. Those are the same children that -- that we don't want in our schools. Because no matter what you do they don't listen and you see them over and over again. I would -- I would like to see more control over those people. We've started working with the courts and I think that months ago we talked about the COPS program. If -- if we could have more participation from -- from more of the judges to give our law enforcement officers information on the children that are doing the crime so we can concentrate our efforts on working on those folks, not the five kids that are sitting in the K-Mart parking lot talking. Let's concentrate on the kids that -- that we know for a fact go out and commit the rapes and the robberies and let's see what type of a -- a home environment they have. That would be one of -- one of my great suggestions and -- and -- and I know we've talked about that with Chief Hansen and other staff members and I think a lot of us probably agree on along the same lines. It's those repeat offenders that we've seen through the system causing us the problem, sir. Blackwell: So that would be your solution is to identify those offenders and deal with them -- Lt. Halick: Yes, sir. Blackwell: -- through the court system? I -- I'm pulling my notes from January 15th when we met and I asked Captain Honeycutt a similar question, and I said what has been your response from the court system and I quote "Lackluster". And he -- I know he was telling the truth. Let -- let me say some concerns I have, and then I'm going to tell you some things that I think we have working in our favor. First of all, the age old question of where do we put the violators? And I know the goal is to take them home. I've dealt with young people for thirty years of my career and raised one at the house with the help of my wife, but I've dealt with hard core repeat offenders. So where do we put those violators, constant repeat offenders? If you have a violator and there's no parent home, what did -- what do we do? Captain Honeycutt says between 30 and 45 minutes, maybe longer. Here it could be shorter. But if you don't have anyone at home, what are you gonna do? So that's coupled to question one. Where do you -- where do you keep the violators? A major concern I have is what about an uncooperative teen; one who says I know I don't have to talk to you and I'm not giving you any information? Well, we certainly are not going to use excessive force to get the information. But then I think that -- that parallels the -- the fourth concern I have is about excessive force. Now this is what I believe, and I'm gonna say that by and large the majority of our youth I have faith in them. And if we all didn't have faith in them we'd be in real trouble. And the -- the low percentages that -- that ruin it for children that want to learn and children that want to behave, I don't think we ought to just concentrate on them. But the video to me was a live example, with the exception of what you're gonna do when you try to put the cuffs on and you engage in a fight with him or her. That's a realistic situation. I've had them come into school house to cuff them. And you almost have to turn the school out because they're on the floor, they've turned over the furniture. Now, those -- those are the realistic things. So my concern are our officers gonna put the city in danger if this has to occur? In a mentality of our society today, in my opinion is that in some cases you better not touch my child. Those are some concerns I have. Now I would like to -- to remind every one of the juvenile report that was given by Metrovision, something I want to piggy back on that Mr. Grammar said, that one of the major problems we have with youth services in the county and the city and all the municipalities is a lack of coordinated efforts. We've got five or six agencies doing sometimes the same thing. We -- I think we're moving as Dr. Cheek said to more cooperation. And then we have no formalized networking to share ideas or solutions to the problems. I mean, you have indicated to us that all that your organization has requested really hasn't come from the court system. And I'm not here to beat up on the court system. But it just makes sense to me if you've got a repeat offender and everybody's concerned about an orderly society that you would get that kind of cooperation. I'd like to ask Mr. Cogswell a question based on what I read in -- in our -- in our package tonight. And I'd like you for you to stand by, if you would please, sir. Halick: Yes, sir. Blackwell: Mr. Cosgwell, you had mentioned you'd had some discussions with our Chief District Court Judge and we need some more work on that. Do you might -- can you share with us what you had hoped to accomplish, please? Cogswell: Yes, I wanted to -- I -- I -- I discussed with Judge Keever when and under what circumstances the courts could provide us information on a juvenile that was put on probation and the statute has some very gray language. It says when necessary. So that's the judge's call. And it's a matter of interpretation at this point, and she has discussed it with someone at the Institute of Government, who I have not been able to get up with yet, and I was gonna pursue that also. But they can't -- we -- we could not just get a blanket request from every child put on probation. The beauty of it would be if we could have that information that apparently the statute doesn't allow us to have in the form that we'd like it, is it would identify a child. So if we had an ordinance, and the child stood there and said I'm not gonna tell you anything, we already knew something about that child. The child was on probation. We had the file on the child, then we could know who the child was. And we don't have to worry about him telling us who they are. We've already got a profile on them. So we know that child's on probation, we know that child's not in school, we know he is viol -- he or she's in violation right then and there, whether they tell us anything or not. But it has to be on -- each case has to be dealt with on a one-by-one basis and when the -- and the judges have to make that decision that it's important for us to have that information. It could be something unique about the -- the -- the offense. It could be a kid is being put on one of these referrals that Chip is talking about, where the child is there 'cause he's -- he or she has constantly skipped school. My opinion that might justify the court letting us know, I have put this child on probation because this child keeps skipping school. But again, it's a case-by-case basis. Blackwell: All right. And your -- in your professional opinion, what -- what do you anticipate will be the end result of your __________ Cogswell: I don't know. I need -- I need -- because the statute is -- is -- is -- is there's -- there's no clear guidance in the statute. I think the judge is -- I haven't talked to any other judges than Judge Keever, and that was her response to me, that based on her research, that it would have to be on a case-by-case basis in the judge's discretion. Blackwell: Okay. Thank you. Mr. Mayor, if I could just say a couple more things, please? Dawkins: All right. Blackwell: Let me tell you some things I like that I've heard and I've read. Number one, I like the idea of a task force headed by Mr. Brown to get to the work and present us with some recommendations. I don't know who came up with that idea, but it was in our information and I like that idea. And it might be with the cooperation of everyone, we can even come up and fine tune something better than what's proposed tonight. I like the idea of our youth assessment center becoming very close to being funded. More positive funding than negative. I think we're moving very, very close to that becoming a reality and we ought to give it a chance to work. And I guess the last thing that I need to say is that everything you've given us in January, Lt. Halick, everything you've given us tonight, show us that the professionals tell us that our problem is during the day. That daytime is crime time. And so I have a concern about enacting an ordinance when it doesn't meet our needs. So you're of the opinion that what -- if we would adopt the county's ordinance, would that serve the needs of the city in your professional opinion? Lt. Halick: I would say not. I mean, I -- I think that -- I don't think that we would oppose a daytime ordinance to assist us on those children that were expelled from school __________ -- Blackwell: If we -- if we change the county ordinance to a daytime, a daytime child protection ordinance -- Lt. Halick: Yes, sir. Blackwell: -- in your opinion, that -- would that -- would that work better for our situation? Lt. Halick: In -- in dealing with the -- with the statistical data, yes, sir, I think so. Blackwell: So you're saying to us if you had your choice, you'd want a daytime ordinance, if that's what we're gonna do? Lt. Halick: Yes, sir. I would say that coupled with some additional information for the -- the repeat offenders and implementing the juvenile assessment center, all those coupled together would probably benefit more so that the nighttime curfew. Blackwell: Mr. Mayor, maybe some of us, or somewhere I don't know if we're gonna try to act tonight. I hope not, but if we do, we just do. But the cost factor hasn't been brought to our attention even though Lieutenant Lt. Halick, I mean, Mr. Stancil said there's been no request. But I think there's probably been no request because our professional law enforcement doesn't know what we want as a council. So, you know, I'd like to have that question answered if we move -- if we're moving in this direction. And -- and I appreciate your forthrightness in answering my questions. Thank you, Mr. Mayor. Lt. Halick: Yes, sir. Dawkins: Thank you. Thank you, Lieutenant. All right, we have I believe there's four more councilmembers. I know Mr. Smith would like to __________ Attorney Conig, you wanted to ask her a question. Smith: I'm gonna let Mr. Torrey speak first, __________ Dawkins: All right. Good. That's -- Thank you. Smith: __________ Dawkins: I appreciate that. Mr. Torrey, you go ahead next. Torrey: Thank you very much, Councilman Smith and members of the council. I passed out all the questions that you have here to a couple of community watch captains in my area. And I noticed that I don't see any of them here tonight. I'm appalled because I thought that this place would be filled with parents tonight just to hear what we have to say and what other persons have to say. This ordinance is dealing with persons 18 years -- under 18 years of age. ______: Sixteen. Torrey: And I oppose curfew ordinances, because they infringe on the consti-- constitutional rights of juveniles and their parents. I say infringe upon juveniles and their parents. Curfews are also an ineffective means of combatting juvenile crime. Most juvenile crimes occur between the hours of two and seven P.M. I hope that you take a good look at the task force that we have formed. We'll take a good look at the constitutional rights of juveniles and parents. The reason that I sent out these questions to my community watch captains because I wanted them to be involved and let them make decisions that I would think that they would make, the parents would make. Because my decision is based upon the constitutional rights of -- of -- of juveniles and their parents. Just think, you take a child home tonight, and a person says -- a parent says you infringed upon my constitutional right, and I got an attorney. We'll be in trouble. If you got a constitutional lawyer, you would be in trouble. So take heed, task force. Look at the constitutional rights of -- of juveniles and -- and their parents while you're working towards that. Might be a good ordinance. We might have a good ordinance. But lets take a good look at the constitution rights of individuals. Thank you very much. Dawkins: All right. Thank you, Mr. Torrey. What we want to do now, Mr. Smith, actually, I don't believe on this one as I list them. I'm gonna go, going to Councilmember Massey, and then back to Councilmembers Smith, Ross and Cheek, who will be speaking a second time. So we'll go to Councilmember Massey. Massey: Thank you, Mr. Mayor and council. This has been a -- quite a bit of information that's been provided here this evening. I guess I sometimes have a tendency to try to categorize or put into a pigeon hole certain bits of information and try to see if we can manage it from a different point of view. What I'm hearing from Chip was that we have adequate truancy laws in place. And the question is whether or not we have adequate enforcement of those truancy laws. I don't know whether or not -- I -- I think the evidence tends to -- to -- tends to indicate that we might need to look at more aggressive enforcement of truancy laws. If I could just assume for a second to place our children in three categories. This is what I'm hearing us describe tonight. I hear about the good kid. The good kid who sometime just out of the sheer excitement wants to have a day out of school. Not basically a bad kid. Doesn't have a major problem. But he just -- just -- he just -- just loves it. Or she, just for the excitement of it, just want's a day out of school. Takes that day. That's still against the law. Policies are in place that would begin to react and respond to those kinds of problems. Then I hear us talking about, Lt. Halick, specifically identified the group. Those repeat offenders. Those who know their way around the system -- I call them hard core -- who know their way around the system and will tell you what the law is. Will tell you what you're not gonna do to them, for them, about them because they know what their constitutional rights are. And I heard Councilman Torrey very eloquently describing our constitutional rights, that we don't want to get too far afoul of. There is another child that we need to be very, very careful of as we deal with our negotiations or deal with our study. That's gonna be the child that I call on the bubble. That child who is looking at our media, that child who sees what it is we do in our society, who sees the -- the -- the -- the glory of possibly going out here and committing crimes as long as he thinks he can get away with it. The child who, let's say, heeds the call of the wild, if you want to put it that way. And it's somewhere between his home and the values that those parents are trying to get acRoss to that child, and what he sees on his TV screens at night. And it's all -- it's a much larger societal problem. What are we doing to deal with that particular group? I understand that we have the school resource officer in the school primarily to help identify that child. Well, now what happens when that child gets put out of school? Now all of the sudden does the school resource officer follow him to the streets, or does that child end up in our kitchens and households and in our bedrooms or whatever the case might be, begging, borrowing and stealing? That's the group that I hope that this task force will begin to focus on. Those that are hard core, they're gonna end up in our jails anyway. Because the laws are in place to put those kids away. Those that are just out there one time or hopefully no times at all, they're not gonna end up locked up. But it's those kids on the bubble who dare to dream about a different life and are looking at alternative to ways to arrive at that life, I think that we need to pay particular attention to and not lose them to the streets as well. And within that context, I like the idea of now -- you know, all the stuff that I hear -- I heard Mayor Pro Tem Blackwell refer to the child who has -- who -- who -- who has to be cuffed. Normally, if he has gotten to that point where he's turning over chairs in a classroom he has broken the law and ought to be cuffed, and whatever it is gonna take to extract him from that environment, is gonna have to go down that way. But the bottom line is we need to do several things here. We need to protect the learning environments in our schools. We need to be sure that our community, especially in a urbanized area, is trying to find ways and means to proactively, and I -- and -- and -- and the -- the -- the -- the gentleman from Charlotte. I think he said something very, very critical. If we are talking about this ordinance or a -- or a -- a semblance thereof, as a solution to the problem, or as -- and then we are talking about something that's gonna be impossible to resolve. These police officers or whomever else we might have, as he mentioned and what they're doing in Mecklenberg County is they take that child to that home, and they identify problems even in their home environment, they have a direct connection with DSS in which they then refer certain cases over to DSS. And -- and I realize our police officers are not social service workers or babysitters. I realize that. But we're talking about solutions to -- to problems. What forces do we have, what forces can this community muster? Dr. Cheek has alluded to several forces, several very exciting proposals that are coming down the pipe. Will this community have -- in proacting on solving many of these problems. I think we do need a task force that is primarily geared toward looking at this problem from the -- the city point of view. From the point of view of the citizens who are begging for help. Who are begging for the government to reflect their values. And somehow strike a balance between those citizens who are begging that help, begging for this help, and those who realize that we must protect the integrity of our constitution. Thank you for this moment, to just kind of -- just express how I feel about this whole issue. But at the very same time, we do need to address these issues. It's not as clear cut. It's not a -- a point blank issue as to whether one is support or one is -- is opposed to it. We are going to have to decide what direction do we want our agencies to basically move into as we try to make Fayetteville a better place for all of ourselves and our children. And most importantly, let's not forget -- I really hate that we call this thing a curfew. This is about protecting our children. If we can somehow focus on the point that we are trying to find ways and means to proact on possibly affecting our children. And if curfew happens to be one of those tools, then so be it. But if its not the best tool, let's have a study or something to really take a look-see at this thing, and to see if it's gonna do what we -- what we need for it to do. But let's spend our tax dollars wisely. Let's not just simply do it for -- I do like the idea of the auxiliary. There are a lot of folks out here who can assist Chief Hansen's office -- officers. And we do need to look at trying to -- and we talking about the volunteerism. This might be one of those opportunities that we, the citizens of Fayetteville, are going to have to step up and start taking care of our babies. Thank you very much, Mr. Mayor and council. Dawkins: Thank you, Mr. Massey. Of course, we are still in our public hearing and possible we'll even continue that. We do have at this time at least three more councilmembers that want to speak. I'm going to start in this order, Smith, Ross, and Cheek. Smith: Thank you, Mr. Mayor. I'd like to ask Ms. Conig who's the attorney for the sheriff's department a question. Dawkins: Thank you. If you'll come to this microphone. We appreciate you being with us tonight. Smith: I realize you all probably haven't worked out all the bugs out of the ordinance yet, and that's probably what y'all are doing between now and July. But what -- in dealing with the housing, you've heard the concerns expressed as far as 30 to 40 minutes that an officer will be off -- off line, I guess, or out of service is the term. What kind of liability issues is that setting up? Are there outside liability issues that may be present? Conig: You know, I don't know why everybody keeps acting like this curfew would be any different than, you know, what kind of liability issues are there when an officer is out of commission because he's writing a seat belt ticket, which I've gotten two personally from the city. So how long was that officer, you know, out of commission to write me my seat belt ticket? And we're talking about children here. And so the answer to that question is that's not going to be an issue for us. We are training our officers on the philosophy of what we're talking about here. And it is about protecting children. And I think that if I could caution you as a council, if I may be so bold. The philosophy from which your law enforcement function comes at this ordinance, is gonna be the key. ______: That makes a difference. Conig: The absolute key. And from what I've seen in here tonight, I would be scared to pass this ordinance. Because if I put a film together, what that film would show you would be everything good that can happen between an officer and a conduct with a child, just like Mr. Blackwell. You know engaging a child at school, you might be the one that can make that difference. I've got an officer with me, Sterling McLean, we have gone up in his office and we've taken the most hard core juvenile you'd ever want to see. And what have we done with that juvenile? We spent a couple hours with him. Now that took me out of what I'm supposed to be __________ (END OF TAPE 2 SIDE 1) (BEGIN TAPE 2, SIDE 2:) Conig: __________ what he was supposed to be doing if you listen to this tonight. And what do we do with that child? Well Sterling happened to have a motorcycle. And we were thinking, well, he's been in training school, he's been here, he's been there, he's been everywhere and nothing's working. Maybe we can try, you know, a different approach. And we even, you know, drew up a little contract with him. If he would basically be good until a such and such time, he got old enough, then we would let him help rebuild this motorcycle. So we come up with ideas like that. if nothing else is working, why not try? That is the philosophy that we are coming at with this youth protection ordinance. We are training our officers, this is a positive experience. Of course, you're gonna have that percentage that want to fight you. Our officers understand what philosophy we're coming at. If you're coming at this thing and you don't want it, as a law enforcement agency, what in the world -- that's just gonna be a mess. I mean, if you have your chief of police not wanting this ordinance, how in the world is it gonna work in the city? The sheriff is absolutely set -- when -- when we went to Charlotte the first time, I can honestly tell you this. Sheriff Butler was not in favor of a curfew, because it seemed punitive. The Chief Deputy was not in favor of the curfew, and their legal advisor was not in favor a curfew. We all got in a car, because when we called up there we were looking for reasons why they should not pass an ordinance, so that we could tell because a lot of citizens were coming to the sheriff wanting an ordinance. So we actually went out there to Charlotte to find reasons why we didn't need it in Cumberland County. And we all got up there and we met with the different people, we met Captain Honeycutt, we went through their stats, and we started listening to what they were actually experiencing in Charlotte. We all came away with a whole different look at this thing. And it was about youth protection. The same thing that Sterling McLean and I did that day with that kid and that motorcycle, is the same thing that we try to do with a lot of these children. Now, that's the philosophy that the sheriff's office comes with this. So if writing a seatbelt ticket is more important than engaging perhaps a child, then maybe we have our priorities wrong. At the sheriff's office what we're gonna do is we're gonna try it. And June 30th of next year, what we may do is come back to the county commissioners based on our stats and everything that's happened and say it's just not good for the county. Hope Mills has it. They like it. Spring Lake has it. One of their officers is present. They like it. Lumberton has it. They said it's the best thing that's ever happened to Lumberton. Charlotte has it. They like it. So I was wondering, what in the world is wrong with trying? Just trying? If it helps some children, guess what? We -- we've done a very positive thing. But the philosophy of your law enforcement will make or break this issue. And from that film that I heard, I didn't have the opportunity to see it, but I'd love to actually see it, I don't think that the ordinances at the right time in the city of Fayetteville because that's not the philosophy that you can have trying to enforce this kind of ordinance. We are really cautioning our officers that we want this to be a positive experience. Now, there are gonna be those children that are gonna try to do something that -- and that might be that 24 percent of that criminal element or whatever. There are gonna be times that we're gonna run into rough spots. But we are going to try. And we're gonna try to be on the forefront, try to be progressive, and -- and, you know, see what happens. We have a sunset provision, there are about 13 exceptions if you look at the ordinance. Not trying to get into people's constitutional rights. My child at the age of 15 will be in the house, or she will be with responsible adult at 11:00. Sixteen, I might go to 11:30. But she will be where she should be, because those kids and those parents want them to be where they should be between 11:00 and 6:00. So anyway, on behalf of the sheriff I wanted to thank you all for extending a most courteous invitation, mayor. And he had to attend to the jail site stuff with the county commissioners. Dawkins: Right. Conig: And so he apologized for not being able to be present. Dawkins: It's all right. He's very busy. Thank you. Conig: But I thank you for your most gracious invitation. Dawkins: Thank you. Smith: Mr. Mayor, I'll be brief, and I'll -- I'll close very briefly. I guess one of the things -- Dawkins: Did you want Ms. Conig? Smith: No, I think that's all. Thank you, Ms. Conig. Conig: Thank you. Dawkins: Thank you. Smith: I think one of the things that strikes me as -- as I've talked with citizens that have requested this and citizens who have basically said it was not a good idea, I wonder what other alternatives we can explore. And maybe through this task force they can generate other ideas, maybe they can help set up the communication that they have said is so vital between agencies. I think Lt. Halick said that was one of the things that he felt like would be most helpful. Working in juvenile for a few years with Lt. Halick, I can share his frustrations in what he's dealing with as far as the repeat offender, when he heard Mr. Grammar say that he thought that in place was enough right now for the school to deal with if we just enforced what was there. And so maybe what we need to do is give this task force a chance for those folks to meet and get some more citizen input, and look at exactly what's out there and what we need to do. One of the things that cRosses my mind when we was talking about these things is some of the parenting skills, because we've got children having children. _____: __________ you're right. Smith: And I don't know that that would answer the curfew problem or the kids congregating. That was one of the things I was trying to find out, if we had an identified problem. And there are several areas I guess that young people congregate, but I don't know that they, as Lieutenant Lt. Halick said, I don't know if they're breaking the law. And if they need to be rousted out of that place that they're at. I want to believe that there's an awful lot of good young people in this city. I hope my son's one of them. And I'd like to think that if he and some friends were hanging out in my front yard or right there at the street corners that they can do that without fear that they would be run off. And I know that's a terrible risk because we do have a few out here that, I guess, the few bad apples that spoil the bunch. But I think it's time that we invest in the kids that are doing the right thing. And let's give them the vote of confidence that they're doing the right thing, and give them the opportunity to do the right thing and be law abiding citizens, not put something out there that could create a situation where they could be in more trouble until we have more answers. Thank you, Mayor and council. Dawkins: Thank you Mr. Smith. We're gonna have a five minute break. I need to see Mr. Stancil. We'll be right back. (The meeting recessed for approximately five minutes.) (Back on the record as follows:) Dawkins: I think there's just two council members left that wish to speak on this, and we'll see what council's pleasure are. Let's go in this order, Councilmembers Ross and Cheek. Ross: __________ Mayor __________. Some people just have a way with -- with __________ children. It's just something that they, something they __________ , something we __________ associate with the kids we see them talking with the kids __________ . They have a bad image of people in general. I talked to __________ , and they feel that that __________ . I was in a school __________ . I heard all this talking, this loud talking this, this loud talking, and -- and this child was just having hisself a nice little fit with this principal. And I walked up behind him and just put my weight of my hand down on his back and told him you know we don't do that. He turned around and looked at me, had the biggest smile on his face. No problem. Sometimes how we -- I know people do react to me sometime and I know how I feel toward them back. But how I feel toward the way that they react to me, I just simply send it back to them. And these children are the same. They're just little miniature people. But they are the same, and if we're going to really get them to do what we want, that they need to have done, if they really want to get down to nitty gritty. Like the gentleman said if we don't have a genuine concern for the children's welfare, we can forget about the ordinance. And I agree with him 100 percent. We got to -- these children will be adults one of these days. They're gonna be grown people. And every -- remember when he come back, it's gonna be our making, it's gonna be children that we lured to be the direction that they are going in. So a little kindness goes a long way. A little sugar makes the medicine go down much faster. And we gonna have to just take it upon ourselves one on one and deal with young people firmly, but kindly. And we'll go a long ways with this. We won't have a whole bunch of problems. I thought that the, what do you call it Mr. Massey, the child protective? Massey: Child protective ordinance. Ross: I'm for that 100 percent. Yeah. Dawkins: All right. Well, thank you, Ms. Ross. Ross: You're welcome. Dawkins: Let me go next to Councilmember Cheek. Cheek: Thank you. Well, Mr. Mayor, I'm certainly for protecting the children. And I'm also glad -- it's kind of interesting to notice that after July the 1st, I guess the seat belt law isn't gonna apply in the county outside the city limits. (Laughter.) Cheek: So I hope, that's interesting for those of us here, __________ their personnel freedoms here. I'll be getting back to this business here. The social -- a lot of the problems that we've heard about are social services agency problems and although our city cares a lot, we are all citizens of the county and the county is the agent -- is the unit of government that does deal with a lot of the social services problems. And I have seen our police so many times working with young people. I have seen them with the child ID. We have the care bear program. We've got the school resource officers. We have so many programs where our -- our police department is working with young people already, and we can't do everything, and I -- I think that we -- I personally do need to listen to the professionals who I see in action and I see the respect that they do get, and I see the compassion. And I also cannot imagine just like any one of us would see a child out alone late at night walking on the street and not stop. And I know our police would do that too, regardless of whether we have an ordinance or not. So, I mean, you know, I think let's get real about that. We have a darn good police department and they work very, very hard with our young people's programs now. I've heard some things that really do concern me. One of them specifically was the point that was made about the young people who have unfortunately been expelled from the school system who are under 16, and I didn't -- they way I read, even our proposed daytime ordinance, that doesn't seem to be covered. It's dealing with children who should be in school, and so if we do go with this task force then, I think that's something that really should be addressed. Because it seems like these are the young people with the time on their hands. And what is that saying, not enough to do makes light work, or devil's work or something for young people. So that -- that could be a real problem. The other one is what several of the people who are in favor of the curfew were talking about. A problem that this ordinance doesn't address, which is the 16 and 17 year olds. And specifically the Oakdale community. I hope there -- I'm sure that our police department heard that and we'll be working with that area, and anywhere else, I would encourage people to keep calling in and keep reporting problems when they are having them, in particular neighborhoods with young people. And we -- we talked about it during the break, and they are in touch with the police department and hopefully continue to make some progress there. So those are areas where there -- the community -- where you're seeing a problem right now and it's reportable and it's countable and part of it is not people think about young people 16 and 17 years old, they aren't covered by any of this ordinance that we've been talking about, and yet that's where so much of the problem is, and so I'd like to see our task force address that as well. Thank you. Dawkins: All right. Thank you so much, Suzan. I appreciate your remarks. Cogswell: Make sure you understand one thing about the -- because it was confusing me when I first... But this daytime ordinance, it specifically addresses those that have been suspended or are out of school. Cheek: And expelled as well? 'Cause it says -- it says the ones that are supposed to be in school the way I read it, but you're the attorney, so. Cogswell: Well, I questioned the way the word excused was in there, but that's what it means is -- a child that -- the way they say -- the way the school system, and Chip can correct this if I'm wrong, but if they've been suspended, expelled, or put out for any reason, they're considered unexcused. CHIP: Unexcused absence. Cogswell: Unexcused absence. And that's who this ordinance -- that's -- that's the group that this ordinance is addressed to. Cheek: Okay. Well, that's great. And that is a little bit confusing to us lay people when you -- you push kids out of school and then for good reason maybe, and then you say well, you're -- you're unexcused. That's -- Cogswell: That's the way the school system -- Cheek: Yeah. Right. I understand that, but that really puts a different light on these 43,000 days, because there are quite a few children who unfortunately have been expelled, and if we're counting them in, and I don't want to get into that tonight, but I'm just saying that I think that that's something that our task force should -- should look at. Thank you. Dawkins: All right. Thank you. And incidentally, Roger Stancil is the one that basically, primarily came up with this idea and put this together on the task force headed by Mr. -- Mr. Brown. We're always very happy to have our officer back here, our police officer. We appreciate you being with us. Now, we -- we'll -- we been in it nearly three hours, and we want -- we'll do whatever is necessary, but we will be having later on a presentation of our budget tonight and hopefully set some dates about budget meetings. I think Mr. Stancil wanted to mention something else to us. But let me go next to Mr. Kendrick. Kendrick: Thank you, Mr. Mayor and thank you audience for participating with us this evening. I think one of the two areas that Lieutenant Lt. Halick talked about, and what we are looking at here, is a basic way of working with our juveniles within the city of Fayetteville for the protection of the juveniles, and for the property crimes and then the things that can happen with a juvenile. But one, and it was mentioned some time back, was a juvenile crime information from the court systems. And it is such a discretionary tool that the information we do not have, and for the number of repeat offenders. I think these are two useful tools that our police department has been asking for and has really not reached that point yet where they get that information. We ask our police officers what can we do to help you help our children, and they're telling us and it seems like it stops here on Monday night and we forget about it on Tuesday, or Tuesday and Wednesday. But if there's some way that we can petition Mr. Mayor for our court systems, in some way, even though that's a separate form of government, of trying to get them to do more release of information, even though its confidential. Our police department has confidential information that's not released. Maybe that would be something. And going ahead with Metrovisions, look at this item, and -- and it's a team headed by Mr. Brown, of working through this to try to organize what we should and shouldn't do. I think it's a -- I think it's plausible. One of the things that as I was writing notes to myself on this, about the idea of a curfew, I -- I think that the majority of us look at the idea of a curfew as an area of maybe of a natural disaster or rioting, or when a tornado comes through that the government puts a curfew on the area. It seems very drastic and I'm -- I'm not sure if that's what we need or not, but I think we need to put the tools together to do a measurement with that. Also possibly of looking at the success of the county's enforcement of it. I know that, you know, some people have said well, if the city doesn't have this law, then people will come from Cumberland County into the city. Well, if the county has the law, they shouldn't be riding around in the county. And if Spring Lake has that law, they shouldn't be riding through Spring Lake through Cumberland County to get to the city limits of Fayetteville, if that's being enforced in those municipalities. So I would, you know, I would -- I would like us to explore this a little bit more without coming up to a final rendering on this, and just to keep an open mind to what we can come up with. But I think that one of the things that we do need to do as Lieutenant Lt. Halick expressed to us of getting that information to our enforcement officers from the court system. And I would hope that somebody, I don't know Mr. Cogswell, if we should as a governing body write to the court system or whatever, I'm -- I'm not sure. Cogswell: I'd like to pursue it __________ Kendrick: What kind of time frame were we looking on this? I know Lieutenant Lt. Halick's spoke this -- about this several months ago and nothings happened since then. I know -- Cogswell: It surfaced on my desk for the first time a couple __________ Kendrick: Okay. So can we look at something in thirty days or sixty days? Okay. Thank you Mr. Mayor. Dawkins: All right. Thank you. Mr. Kendrick, we did -- just as a point of information when Fran hit, we -- that next morning -- of course, most of us were up all night. Mr. Stancil and I were in contact and we came close to having to call a curfew, about 2:00 a.m. when folks were coming out of businesses and -- but we didn't, but we nearly had to. And I see what you mean certain things like that, of course, you might have to for that -- Kendrick: Well, and it's the severity of it. Dawkins: Oh, yes. Kendrick: You know, that we've -- we've seen and that the curfews have been really enacted for a majority of those type of things. Dawkins: Right. Okay. Let's go next to Mayor Pro Tem Blackwell. Blackwell: Mr. Mayor, I make a motion, if it's in order, I'd like to move that we authorize city management to create the task force to study the child protection ordinance for the city of Fayetteville. Kendrick: Second. Blackwell: Report back to us in a reasonable time. Dawkins: Okay. Thank you. That's seconded by Mr. Kendrick. Any discussion, Mr. McBryde? McBryde: Mr. Mayor, I just want everybody to know I've not been not talking from disinterest. I got a little problem tonight. It's been nice to listen. Dawkins: Thank you, Mr. McBryde. We -- I sort of missed you speaking tonight. Councilmember Cheek? Cheek: Thank you. I would like to know if the makers of the motion would accept a friendly amendment that the problems of 16 and 17 year old offenders or the potential problem of 16 and 17 year olds be included in this task force purview. Blackwell: I accept. Kendrick: I accept. Cheek: And I would like to ask the question, if the intent of the motion is to have this task force work very closely with the Metrovision's juvenile assessment center task force? Blackwell: Yes. I would agree that we have probably more than enough information already compiled for us concerning child protection ordinances and what the Metrovision's task force has done, and we hope that we'll utilize that. But I'm sure that task force will have access to all that information. So, yes, ma'am. Cheek: Okay, great. Thank you. Dawkins: All righty. Thank you. Let's go in this order, Councilmembers Dempster and Torrey. Dempster: Thank you, Mr. Mayor. I just had one quick question. What do we call or consider a reasonable amount of time? Blackwell: I -- I don't -- I can't answer that, I just base it on what should complete their work. They can address it in a timely manner. So I guess we would ask city management just maybe to talk with Mr. Brown and get the parameters of what you're working in, and maybe bring us back that time Monday night. Dempster: Or I expect that as we mentioned and as I hear from everybody, I think the -- the daytime curfew is certainly in the issue of the schools. It's something certainly of concern to the council. As we indicated in the memo, schools getting ready to get out, and the issue would be putting something in place before school reconvened again. I think it certainly would behoove the task force and Mr. Brown to become extremely familiar with the youth assessment center information, so they would need to do that. I would envision maybe something like 60 days would give us time to get everybody together and come back with some recommendations. Blackwell: Sounds good to me. It -- It appears that I -- I've heard the word spirit, and I really think and hope that maybe this task force will address that, and -- and we can move in that direction, because apparently if the philosophy is not behind it, we're gonna have a problem. And I'm hoping that this task force made up of the appropriate personnel will -- will come to that conclusion. And possibly the spirit will be there, and I -- I think that's what will make this a successful endeavor. Thank you, Mr. Mayor. Dawkins: All right. Roger, did you want to elaborate just those folks on it so everyone would know that primarily on the task force, and then they'd be -- I know that Mr. Grammar, our chair on what I serve on, we're meeting every two weeks. Actually, I think Chip made a lot of progress today or have you? GRAMMAR: Yes, sir. Dawkins: So we'd certainly be very cooperative. Blackwell: All right. Now we wouldn't want to duplicate that effort. I think that effort is geared at a year from now, and this would be what we do in the meantime. Dawkins: Yes, yes. Blackwell: We would certainly want to include somebody from the sheriff's department and somebody from the police department, the district court, the school systems. Our recreation and community facilities department and other agencies that are involved with this issue of child protection, which I think all of us in this room are in favor of children and protecting our children. And I would just like to say that I do think the City of Fayetteville with your guidance has been on the forefront and the cutting edge of dealing with these issues. We've never, as a staff, come to you and say we don't -- we don't support a curfew, we just wanted to make sure that you have the information you need to make sure that it's structured right and done right so we don't create more problems for ourselves than we resolve. And I think the City of Fayetteville certainly cares about children. In fact the youth, the daytime curfew came, I think, from a suggestion by councilmember that was given to a police department. They researched it and came back to you with this whole idea. So we -- we care about children. Dawkins: All right. Are you through _________? _________: Yes. Dawkins: Thank you. Mr. Torrey? Torrey: I would certainly hope that this task force would include a looking at constitutional rights of people that's involved. Make a list of the constitutional rights which could be infringed upon. Thank you very kindly. Dawkins: All right. Thank you Mr. Torrey. Mr. Massey? Massey: I guess my only concern, I guess is really I just need to just try to get a clearer picture. Right now the -- the child protective ordinance covers anyone who is less than 16 years of age. And then I think the question was raised as an amendment to the, or the friendly to the -- to the original motion, 16 and 17. Was there any particular area that you would like to see, just a question, as to the -- the thrust behind the -- the expanded mission of this particular task force. What -- was there a particular area? Cheek: We have heard tonight that one of the major problems seems to be that the community perceives and I inferred from what some of the police law enforcement people were saying is with 16 and 17 year olds, as well as the -- maybe even more than some of the younger children, and I frankly don't know what direction they would go. I don't know if they can be included as part of the child protective, because they're not children, so it doesn't seem they can, but I think that we are only looking at part of the problem unless we get them addressing at least to some degree that 16 and 17 year old problem. That's what we've heard the citizens are concerned about, and I'd like to see them address that as well. Massey: Great. Thank you Dr. Cheek. Dawkins: All right. Massey: I guess the only thing I would like to add to that would be that there have been several ordinances of this nature tried in other areas of the country. Some of them have been already found unconstitutional, and particularly I would like to be sure that the task force not bring anything into this particular proposition that might within itself further on down the road cause it to be unconstitutional. And I don't know if the age question does in fact, or would in fact, have an impact on that, but be sure that that's included in that process. But if there is anything that can be done to proact on the 16 and 17 year old, by all means take a look at that as well. And I will support the motion based upon that caveat. Dawkins: All right. Thank you, Mr. Massey. Ms. Ross? Ross: I just wanted to say, I just want to thank everybody that came out and supported this effort, and say a special little prayer when you go home tonight that this thing will work, and that we will help our children get to where they need to go. Thank you. Dawkins: Thank you, Ms. Ross. I'll ask you all for your vote. And that vote is unanimous, Ms. Jones. Thank you so much. We thank everybody, and the public hearing is now closed, Mr. Cogswell. Cogswell: We'll adjourn? Dawkins: Well I take that back. We -- it's not closed. There may be some reason that we will... ______: Resume it. Dawkins: -- so the public hearing will stay open. Smith: Mr. Mayor, may I say something? Dawkins: Yes. Yes. Smith: Lt. Halick. You can just stand right where you're at, you don't need to come up. I just want to say to you that while sometimes when questions are asked, it seems like there's contrary positions. I apologize if it was offensive. We did have you here for information purposes and I appreciate you getting that information, you and the police department. Dawkins: All right. Thank you, Mr. Smith. Chip, thank you. Go home and get some sleep, 'cause you have a busy day tomorrow. Okay. Item three is presentation of recommended budget for FY 97-98 by Mr. Stancil. Stancil: I know you've been here a long time, so I will make this brief. First of all I just want to say as I said in the budget message that you -- this is a pretty straightforward and uncomplicated budget. There is no tax rate increase recommended in here, and much of the city's fiscally sound condition is a result of your adherence to very prudent fiscal policies and to the work you've done on increasing the tax base through annexation and your economic development activities. So those priorities by you in the past have produced the sound fiscal condition that the city finds itself in. So we continue to maintain those reserves. I do know that the April 28th information meeting, I came to you and I presented the initiatives that the staff had developed in response to the goals you had set. So I don't intend to go back over those initiatives. Because it is a straightforward budget I do want to just identify what I think are -- especially because of your priority on planning, what I think are some major issues that you need to address in the coming six months. Obviously, center city development, public transportation, managing the city's utility system, solid waste, annexation, capital improvements planning, development of some civic infrastructure enhancements, and employee concerns. And I just want to briefly discuss each one of them. In terms of center city development, obviously in the budget is the funds for a bond referendum on the funding of phase one of that plan which is the Marvin, once it completes a once and for all plan. And the question is what turn will center city development take, what is the city's role in public/private partnerships that must exist to make this succeed, and how are those public improvements gonna be funded which is a topic you've discussed in some detail. And in the next six months there's gonna be time to begin to decide those for -- for real. The next issue is public transportation, as we discussed. What is the future of public transportation as federal dollars decline. And that's gonna be a real issue for you in your next budget that we need to address. A budget is like life in general and local government in particular are dynamic. And one of the good news is that today in the general assembly, or recently in the last couple of days there was a bill introduced allowing cities -- counties that have a public transportation system to approve a half cent sales tax in order to fund public transportation. And that was one of the recommendations of your task force and would allow Cumberland County to fund a county-wide public transportation system as recommended to you. So there is hope for public transportation, but no matter what happens, you're gonna have to deal with what happens with -- inside the city. Are there public/private partnerships that need to be addressed for public transportation? Now, the next issue is managing our city's utility, and we've heard a lot about electric view regulation. It's upon us. What happens as those electric revenues decrease and the transfer to the city decreases? Do we keep an asset that doesn't produce revenues? So there are electric utility issues that we need to become smart about and deal with in the coming year. How do we continue retrofitting water and sewer services in the urban area in a manner that people can afford? One of the issues you've talked about is street lights. How do we manage street lights better, rather than looking at the people who want street lights as customers but as recipients of public service and how -- how can we manage our street light program to reflect that? Then finally in storm water management, that fee was adopted as a quality, an attack on quality issues by the county commissioners. We need to start talking about ways we can deal with quantity, and how can we address the flooding problems that confront both the city and the county? Next issue is solid waste. And obviously, we've put together a focal -- are putting together a focus group to deal with the commercial solid waste collection practices that will come back to you soon. How do we continue to adjust to what the county's doing with BCH, building a new cell, their fees to the city for disposal, and just what is equity and delivery of solid waste services? And those are issues you need to address in the next six months. Annexation. Can we continue to annex and provide needed services. And we'll be back to you in the fall with a recommendation on phase three annexation. The critical question based on tax base development and some of the situations we find ourselves in, can you afford not to ann -- continue to annex. Capital improvements planning. Obviously PWC and our planning department need to work to develop a comprehensive coordinated capital improvements program. PWC is now adopted a water master plan and a sewer master plan only in the last few months. That gives us a head start on providing some of this planning. How do we get everybody to participate? Civic infrastructure. We spend a great deal of time in the city developing and investing money in physical infrastructure. I think you have begun some good efforts in developing civic infrastructure with your efforts to get more people involved in boards and commissions. Identifying those people. How can we train people in what it takes to be involved in boards and commissions? And what things can we do to help people get the word about public hearings better? How can we communicate with citizens better? I think those are things that we need to address in the coming months. How do we enhance and encourage citizen participation in local government? And finally an issue of employee concerns. How do we involve employees in identifying concerns and seeking solutions to those concerns? What processes can we initiate or improve to enhance internal communication and problem solving? I think in the city of Fayetteville we have an excellent disciplinary process that allows us to deal with employees and allows them to grieve those disciplinary actions. I think in any organization our size, employees have concerns that need to be addressed that perhaps aren't adequately addressed through disciplinary procedures. We need to find a way for employees to be able to identify their concerns and then help us find solutions to those concerns. In fact, this week, I'm going to appoint a employee committee that will review our processes for people expressing concerns that perhaps had to do with equal opportunity, to have to do with addressing Americans with disabilities concerns. Addressing all those concerns that employees have about their working conditions and what processes can we set up to address some of those and improve our current system. We have an excellent system that can stand some improvement and some looking at it, and we want to involve our employees in doing that. We plan to appoint that committee this week, and they should be coming back to you within the next 30 or 60 days with some recommendations and some updates on what they find to be the issues. So I think the -- the actual budget that we'll pass out to you here. Could you help me with that and then hand out these budget documents? It's pretty straightforward and uncomplicated. But I do think we've got some serious issues to deal with, as you are all aware as much as anybody, in the coming months. So the biggest thing to do now is to set a time to discuss those. Dawkins: All right. Thank you, Roger. I just want to make a couple of quick comments. These are all extremely important challenges. And council has certainly been working on some of these, but in the months ahead you'll have to make some very important decisions. And I'd just like to say particularly quickly on two of them. I think we were gonna be very pleased with this -- with these employees as they come together and really give a lot of input on some things that I think probably we need updating, we need to be doing. And the other comment I'd like to make, council, and some of us that were in Washington and even may not have been in Washington, in the months ahead, in my opinion, and I think in the opinion of most people, that we have -- there's gonna be quite a deregulation with electricity acRoss this nation. And for the sake of everyone, we want to do it the right way. And of course we have -- all Americans have a stake in this. But we have maybe a bigger stake in that we own our public works commission. So this is something that Roger and I have talked about that we want to make sure that everyone continues to get information. Sometimes there seems to be different signals from different groups, but we want council to be aware of everything going on, because you can imagine how involved this city will be. So, me and Roger would like to thank you and you continue on now with any other thing you want to tell us. Stancil: The only other thing we need to do is set the budget calendar. That's my budget presentation for the time being. Dawkins: Okay. Blackwell: Mr. Mayor -- Dawkins: Yes, Breeden? Blackwell: I don't know, I know it's gonna be hard to get everyone's calendar together, but I'd like to see us start next week. We have -- I know we have a meeting Monday nights -- Dawkins: Yes, we have one. Blackwell: But I don't know if everyone agreed that 5:30 would be a good time, just to come from work and get started. Again I'm not trying to dictate to anybody. And I'm not trying to dictate around my schedule either. I'm just suggesting to start at 5:30 and maybe we wouldn't have to spend four or five hours a night. Dawkins: Right. Right. I think Breeden that -- and we can, we can have, if council lets us know, have some food prepared, Roger, for those that can come. I -- I think you're right. Can -- can most of us be here on the third? Ross: I'm retired. I can be here anytime. Dawkins: All right. I think it would be good -- you cannot Jim? Okay, Jim cannot. Well, like Breeden stated, there will be probably nights that we all cannot be here, but I -- if -- how many of us can be here on the third? ______: At 5:30. (Hands raised.) Dawkins: That's about everybody. If you can get here, I think it would be good about 5:30, but I know that's gonna cut it close with some of us. But why don't we go ahead and say 5:30? ______: All right. McBryde: Where we gonna meet? Lafayette Room? Dawkins: Well, yeah, lets meet in the Lafayette Room. McBryde: What if it's being used? ______: They can -- we can rearrange that. Right but, I think we can -- they can find a place. Dawkins: Yeah, I believe we can -- Mr. Stancil can work that out. We'll be in the Lafayette Room at 5:30 next Tuesday. McBryde: How about Wednesday? Dawkins: All right, now what about Wednesday? ______: I can be here Wednesday. Dawkins: Can we come back -- How many can be here on Wednesday? (Hands raised.) ______: Four. Dawkins: All right, That's great. And we'll shoot for 5:30 there. I really -- Let me just say this. Of course, you don't ever predict what'll happen, but I really think if we will come here those two nights, we're gonna make a lot of progress. I don't know how -- I think once we take this home tonight and from what I know about it so far, I think we're gonna be pretty well pleased, so we can go from there. Now, let me just mention this. At this time, council, if we do want to meet for awhile with our PWC commission, that might be good. Roger, I think they've adopted their budget. Stancil: Right. And in fact that's the other __________ -- Dawkins: Well, yeah, that's right. Because we got it -- well I know -- Stancil: The question I would have is if we need to schedule with them, do you want to schedule for one of the -- request one of those two nights for them to ... Dawkins: Well, that's what I was thinking. We wouldn't have to keep them all night. That's all right, council. Why don't you follow up and see which would be the best night for them, 'cause I think -- ______: If we could, we ought to just look at our budget and through our budget before we start including PWC's in? Dawkins: Well, no, that's up to council. We certainly can. McBryde: That's a good idea. Dawkins: All right. ______: To me it would seem more effective that way. Dawkins: Well, if that -- that's fine. ______: We've got -- for anything, we've got off Monday the 9th. Dawkins: Yes. Now, let me -- I was thinking, Mark, and we can -- if we will meet on the 9th, I was thinking about possibly, if it's all right with council, have the public hearing that night. We have to have, of course, a public hearing; and then, of course, following that we can continue into session. If that's okay. ______: Public hearing on the 9th? Dawkins: Yeah. McBryde: I'll be out of town that whole week. Ross: What time is that? McBryde: But y'all can go ahead and have it. ______: Then, I can't be here either. Dawkins: You cannot be here either? ______: __________ ______: I'm closing out school that day. And I've got a function that night. But that doesn't mean I'm not gonna ___________ if y'all want to go. Dawkins: Well, Mr. McBryde cannot -- ______: Because it's gonna be hard to get everybody together. Dawkins: Well, okay, but we ought to have -- in other words, as y'all know we required by law to have a public hearing from the public and this is -- Cheek: Yeah. ______: Mr. Mayor -- Cheek: But that's not a regular council meeting, is it? The ninth? Dawkins: No, no, no. That -- that -- it doesn't have to be on a council meeting, or it could. Cheek: Why can't we have it as part of our council meeting? Don't we usually have it at the end? Dawkins: Well, we can. I don't know how the six -- sixteenth -- McBryde: It takes so long. ______: It takes so long. Stancil: It takes so long, and you have the letter from the county tax collector in your last package. It says the county intends to adopt their tax rate on the 16th, and then they're gonna send the bills off. Now his request was that the city adopt a budget on the 16th, and I guess the question would be, would you want to have the public hearing and adopt the budget on the same night, or -- ______: I don't see how we can do it. ______: I don't either. Dawkins: That's cutting it close. I'd rather have the public hearing before we adopt the budget. ______: I would too, before we adopt the budget. Kendrick: Mr. Mayor? Dawkins: Yes, Mark. Kendrick: I mentioned, I think last week or the week before, and Jim just brought it back up again, about our meeting Saturday the 14th, on a Saturday, maybe from like eight to twelve or eight to one on Saturday. McBryde: Mr. Mayor -- Dawkins: Well, I -- I can -- Mr. McBryde? McBryde: I think if everybody reads their budget we can get through it in two nights. If we come in at 5:30 Tuesday and Wednesday, I bet we can finish this budget. Dawkins: Mark, why don't we keep that as a backup time. McBryde: I could have that public hearing on the 9th and we could adopt on the 16th. ______: Yeah, but we've got two councilmembers that can't be here on the 9th. McBryde: I know, but you still got a quorum. Dawkins: Well, I -- I agree with Milo, I think we're going to -- I think we're going to accomplish a lot in that Tuesday and Wednesday. And, of course, then we can make a decision to continue, because all these -- once we go into session, you know, we'll just continue the meeting. Now we know that Breeden and Milo cannot be here -- Blackwell: I might can be here by nine, Mr. Mayor, but I just __________ before 9:00. Dawkins: Yeah, right. Well, I -- Well, let me ask you something because we've got to have, we've got to have this public hearing for the budget. Let's -- I think that probably the most important thing we have to set. In other words, we've already got the third and fourth, and I think we'll be rolling once that happens. ______: But you know, but my concern is this is one of the most important aspects of us running our government, and I would hate to be pushed on a deadline and not feel comfortable with it, nor have already planned out the date of the public hearing -- Dawkins: Right. ______: And we're gonna vote this day and this. That's just my personal -- Dawkins: That'd be up to council. I -- I think on the 16th, certainly we'll, you know, we'll have a fair number of regular items, so I don't, I don't know as we'd want to have the public hearing that night, you know. ______: I'd say __________ goes too late with that, Mayor. Dawkins: Sure. ______: I'd like to set a special night just for the special -- for the public hearing. If it's the 9th -- ______: Mr. Mayor, why don't __________ Milo's suggestion. Why don't we wait and see how we do next week, on Tuesday and Wednesday. ______: Yeah, Wednesday night. (Several people talking at once.) McBryde: Mr. Mayor, I really think you ought to go ahead and set your public hearing. You don't have to be through with your budget sessions to have the hearing. ______: Now the problem will be -- (Several people talking at once.) ______: Tuesday or Wednesday that we might not, we need time to notify people of the public hearing -- ______: __________ have the public hearing on the 9th, Mr. Mayor. ______: I think that's the best thing. Cheek: The 9th? (Several people talking at once.) Dawkins: Okay, can most of you -- I know that a couple cannot. Can most of the rest of us be here, because, of course, what we'll do is record what the people say, so even if you're not here, 'cause that's really not for our input. This is strictly for the public input. ______: __________ take action that night. Dawkins: So Milo and Breeden will know what takes place. So why don't we do that? Why don't we schedule the public hearing on the budget on the 9th, Roger, at 7:00 in these chambers. Ross: That's okay. Dawkins: Yeah, we'll -- yeah, we'll vote on that. Massey: I move we do that, Mr. Mayor. Ross: Second that. Dawkins: On the ninth. Is that a motion by Mr. Massey, seconded by Ms. Ross? Ross: Yeah. Dawkins: I'll ask for your vote. That's the ninth at 7:00 p.m. in the council chambers. That's the public hearing on the budget, Mr. Stancil. That is a unanimous. McBryde: Mr. Mayor, I'd like to be excused __________ ______: Make a motion, Mr. Mayor. Dawkins: Yes, let's make the motion now on that. Mr. McBryde -- ______: Second. Dawkins: -- and Mayor Pro Tem Blackwell be excused, and if either one of the make it, then of course, they're welcome. I'll ask for your vote on that. Mr. Kendrick doesn't believe in excusing anybody unless -- it was a close vote, but anyway -- ______: ___________ Kendrick: __________ I'll just change my motion. Dawkins: All right. Just change, yeah, just show Mr. Kendrick in opposition. ______: You never vote to excuse anybody. Dawkins: Okay. So we've got -- Of course, our regular meeting is next Monday night, and then Tuesday and Wednesday. I really think we're gonna make a lot of progress. The only other thing we had mentioned, we'll see how it goes on the PWC situation. (END OF TAPE 2, SIDE B) (BEGIN TAPE 3, SIDE A: TAPE 3, SIDE A IS BLANK.) There being no further business the meeting adjourned. REGULAR MEETING JUNE 2, 1997 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER JUNE 2, 1997 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: Roger L. Stancil, Interim City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Vera Bell, Solid Waste Management Director Jerome Brown, Transit Director Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Reverend Donnie Anderson, C & Adam Street Church of God, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: 1. APPROVAL OF AGENDA Interim City Manager Roger Stancil requested that Item 5.B reflect the 120-day moratorium rather than the 90 days which appeared on the agenda. He also stated that Item 4 should be 3709 Morganton Road and on Item 5 the speaker would be Susan Hyatt rather than Sylvia Ray. Councilmember Kendrick moved to approve the agenda, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Councilmember Cheek moved to approve the consent agenda, seconded by Councilmember Dempster. The consent agenda and following items were unanimously approved: A. Approve minutes of regular meeting of May 5, 1997. B. Approve renewal of Lease Agreement with Cape Fear Railroaders for space in Amtrak station. C. Adopt resolution and order abandoning a 20 foot wide easement to Edgar G. Johnson and wife, Leanna. RESOLUTION AND ORDER ABANDONING EASEMENT. RESOLUTION NO. R1997-048. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. D. Approve the sale of 21 Certificates of Public Convenience and Necessity for taxicab franchises in the City of Fayetteville. E. Approve award of contract for immediate purchase of one and option to purchase one additional backhoe loader with side shift and extended dipper to North Carolina Equipment Company (Fayetteville, NC), sole bidder in the amount of $54,329.00. F. Set public hearing for July 7, 1997, to consider the following Planning cases: 1. (P96-122F) Consideration of the rezoning from R10 Residential District to C3 Heavy Commercial District, C1 Local Business District and to R6 Residential District or to a more restrictive zoning classification for an area located at 805 Cain Road. 2. (P96-131F) Consideration of the rezoning from R6 Residential District to P2 Professional District or to a more restrictive zoning classification for a portion of the property located east of Cain Road and west of Beech Street between Rogers Drive and Imperial Drive. G. (P97-25F) Approve the rezoning from C1P Shopping Center District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 2691 Owen Drive. Containing 2.15 acres more or less and being the property of Esther P. Carr and Mrs. H.J. Carr as evidenced by deed recorded in Deed Book 744, page 192, Cumberland County Registry. H. (P97-26F) Approve the rezoning from C1P Shopping Center District to R10 Residential District or to a more restrictive zoning classification for an area located south of the entrance to Greystone Farms east of Ramsey Street. Containing 5.92 acres more or less and being the property of Greystone Farms Owners Club and Broadwell-Weber Investments as evidenced by deeds recorded in Deed Book 3791, Page 641, and Book 3443, Page 576 respectively, Cumberland County Registry. I. (P97-27F) Approve the rezoning from R6 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 2817 Arlington Avenue. Containing .24 acres more or less and being the property of George and Bonnie Strickland as evidenced by deed recorded in Deed Book 4617, Page 221, Cumberland County Registry. J. Set Public Hearing for June 16, 1997, to consider Local Historic Designation for Orange Street School and Saint Joseph's Church. K. Approve bid award for purchase of six (6) 25.8 kV Power Circuit Breakers to Siemens Energy & Automation (Smithfield, NC), low bid in the amount of $136,620.00. (PWC) The following bids were received: Siemens Energy & Automation c/o HESCO (Smithfield, NC) $136,620.00 S&C Electric (Chicago, IL) $150,300.00 Rigby Electric (Rocky Mount, NC) $184,140.00 3. PUBLIC HEARINGS: A. Consideration of adoption of resolution requiring the paving of Racepath Street from Locust Street to Dead End. (Public hearing continued from May 5, 1997) Assistant City Manager Jimmy Teal presented this item. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition and the public hearing opened and closed at 7:09 p.m. FINAL RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF RACEPATH STREET FROM LOCUST STREET TO DEAD END. RESOLUTION NO. R1997-049. Mayor Pro Tem Blackwell moved to adopt the foregoing resolution, seconded by Councilmember Dempster and carried unanimously by a vote of 9 to 0. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. B. (P97-21F) Consideration of the rezoning from R6 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at 3304 Ramsey Street. Containing .51 acres more or less and being the property of Trent River Freewill Holiness Association, Inc., as evidenced by deed recorded in Deed Book 808, Page 486, Cumberland County Registry. Kathy Kem of the planning staff presented this item. Ms. Kem stated the staff recommended denial of the rezoning and the Zoning Commission motion was to approve with the exception of the Triangle. However, the Zoning Commission had a tie vote the effect of which was to deny the zoning. This is the advertised public hearing set for this date and time. The public hearing opened at 7:12 p.m. Ms. Anne Evans, Attorney for the property owners, appeared in favor of the rezoning. There was no one further to speak either in favor or opposition and the public hearing closed at 7:20 p.m. Councilmember Torrey moved to approve the rezoning to C1 to exclude the Triangle portion of the property, seconded by Councilmember Ross. A discussion ensued with Mayor Pro Tem Blackwell stating his opposition to the motion because it was contrary to what the Council has done on Ramsey Street in prior rezoning actions. Councilmember Dempster stated he would stand by the Zoning Commission and staff recommendations. Mayor Dawkins called for the vote and the motion carried by a vote of 6 to 3 with Mayor Pro Tem Blackwell and Councilmembers Cheek and Dempster in opposition. C. (P97-22F) Consideration of the rezoning from R10 Residential District to P1 Professional District or to a more restrictive zoning classification for an area located on the northwest corner of Village Drive and Purdue. Containing 1.36 acres more or less and being the property of Franklin S. Clark, III, as evidenced by deed recorded in Deed Book 4315, Page 208, Cumberland County Registry. 1. Zoning Commission recommends denial of P1 and approval of R5 Residential District. 2. Zoning Commission requests land use study of area. Kathy Kem of the planning staff presented this item. She stated that City Attorney Robert Cogswell had stated rezoning to P1 would be spot zoning. She informed Council that if the property were rezoned R5 an application would have to be made for a Special Use Permit. A discussion was held regarding a previous request by Council for a study of the area. This is the advertised public hearing set for this date and time. The public hearing opened at 7:32 p.m. Mr. Stacy Weaver, Attorney for the property owners, appeared in favor of the rezoning. There was no one further to speak either in favor or opposition and the public hearing closed at 7:43 p.m. Councilmember Kendrick moved to allow an R5 zoning as recommended by the Planning Board, seconded by Councilmember McBryde. Councilmember Smith made a substitute motion to rezone to an R5 to keep the density down. City Attorney Robert Cogswell stated the motion could not be made because it was contrary to the original motion. Mayor Pro Tem Blackwell made a substitute motion to take no action until the Commission has done a Land Use Study as previously requested by Council. Mr. Weaver requested to respond to the motion. He stated his client had a purchase option on this property and he had a concern about the timetable involved. Mr. Weaver stated if an R5 zoning could be given he would have time to apply for a Special Use Permit before his client's contract ran out and while the study was being made. Mayor Dawkins called for a vote on the substitute motion. It carried by a vote of 5 to 4 with Councilmembers McBryde, Smith, Kendrick, and Torrey in opposition. Councilmember Cheek requested that the neighborhood be actively involved in the rezoning process. Councilmember Cheek moved to set a public hearing for the rezoning for July 7, 1997, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. D. Public input regarding the yard waste containerization focus group recommendations. Mr. Wick Smith, Chairman, Yard Waste Containerization Focus Group, presented the Focus Group's recommendations as follows: City-mandated containerization 1. Yard trash bags 2. Other containers provided by property owner Option to purchase 90-gallon City container 3. Restrictions: a. 32-gallon container b. 50 pound weight c. 3 feet in length, 3 inches in diameter and tied in bundles 4. Leaf season: November 1 - December 31 This is the advertised public hearing set for this date and time. The public hearing opened at 8:06 p.m. Appearing in favor of the containerization was Margaret Yadusky, of the Kinwood Subdivision, Fayetteville, North Carolina. There was no one further to speak either in favor or opposition. The public hearing closed at 8:09 p.m. Interim City Manager Roger Stancil recommended following the basic recommendations made by the Focus Group, modifying the approach by scheduling unbundled oversized loads, keeping accurate records and reporting back to Council at the end of the calendar year. If bundled correctly the items would be picked up during the regular scheduled pick-up. Mr. Stancil requested guidelines for directions to go forward with the ordinance which will be brought back to Council for approval. Councilmember Cheek stated she had received input from citizens and everyone she had talked with was in favor of the containerization and liked the option to buy their own container or one from the City. However, she stated the citizens did not like the idea of bundling. She expressed some concerns and asked for clarification on the ordinance in particular whether the containerization would be active all year except for the leaves and section 14.5 A in which the solid waste could not be placed at the curb prior to dusk proceeding the day of the pick-up. Councilmember Cheek moved to take the bundling requirements out of the ordinance and send it back to staff for redrafting, seconded by Councilmember Kendrick. Mayor Pro Tem Blackwell raised a question about discussion of the motion. Mayor Dawkins ruled there could be discussion on the proposed ordinance even though the motion asked to take out the bundling requirement. Councilmember Kendrick expressed his support for containerization. Councilmember McBryde stated he had had phone calls in opposition to the proposal with concerns being expressed about the cost and the volume of debris on large parcels of land. Mr. McBryde stated he would like to have staff look at the City furnishing the containers. Councilmember Torrey stated there were more people who could not afford to buy containers than there were people who could afford it. He suggested that consideration be given to the use of plastic sheets. Mr. Torrey stated citizens saw this as a hidden taxation. Councilmember Smith stated he had had calls in opposition and it had been suggested that a more timely pick-up by the City would eliminate drainage problems. Mr. Smith requested that the bundling issue be looked at. Councilmember Ross stated she felt the compost container was the most cost effective answer to the problem. Councilmember Dempster stated he felt the long-term savings to the citizens would be realized in the replacement of storm water drainage which would be reduced by containerization. Mayor Pro Tem Blackwell requested that the leaf season be extended to run from November 1 through January 31. Councilmember Massey expressed his opposition to the bundling. Councilmember Cheek requested that the use of plastic sheets be given consideration, that the staff be given the authorization to have latitude in the waiver or negotiation of unusual sized lots, and that the ordinance be a temporary ordinance to be revisited within six months to one year for review of its effectiveness. Councilmember Kendrick stated he felt the plastic sheets created a problem due to excess weight. He inquired into the responsibility of private yard landscaping companies in regard to the ordinance. Mr. Stancil stated the contractors must comply with the ordinance. Councilmember McBryde inquired about the pick-up of garbage bags. Ms. Vera Bell stated this would be done when the containerization became effective. Councilmember McBryde expressed his opinion that the bags should be picked up now. Mayor Dawkins called for a vote on the motion to send back to staff for finalization the ordinance without the bundling requirement. He also asked that consideration be given to the other requests of the Council in redrafting the ordinance. The motion carried by a vote of 8 to 1 with Councilmember Torrey in opposition. 4. (P97-29F) Consideration of the rezoning from R15 Residential District and R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 3709 Morganton Road. Councilmember Cheek moved to send this item back to the Zoning Commission for action to be taken simultaneously with a pending zoning case for the property next door to this property. She moved to set a public hearing for both cases on July 7, 1997. A discussion ensued regarding the proper procedure to be taken. Mr. James Teal stated the Zoning Commission does not have the authority to authorize a study of the area and the proper action would be to have the Council to refer it to the Planning Commission and request a study or to refer it back to the Zoning Commission for action on the rezoning. Mayor Dawkins called for a vote on the motion and the motion passed by a vote of 8 to 1 with Councilmember Smith opposed. 5. Consideration of request to address City Council from Residents of Historic Haymount/Hillside Avenue. A. Initiate study to determine designation as local historic district. B. Declare a 90-day moratorium on issuance of building/zoning permits in the Haymount Historic District pending receipt of report. Ms. Susan Hyatt addressed the Council and expressed her concerns regarding the preservation of the Historic Haymount Area. Mr. Dan Hicks, Chairman of the Historic Resources Commission, expressed his opposition to zero-lot line and other development in the Historic Haymount Area. Mr. Hicks emphasized the impact of preserving the National Register District. He stated the object of planning and zoning should be to control development and protect individual property rights. Mr. Hicks stated there needed to be funds available to do neighborhood surveys to determine if a neighborhood would qualify as a National Register District. Mr. Hicks stated currently there are no controls and no architectural review within the City of Fayetteville and if something is not done the National Register designations could be lost. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE DECLARING A 120 DAY MORATORIUM ON THE ISSUANCE OF ZONING OR BUILDING PERMITS IN THE HAYMOUNT HISTORIC DISTRICT. RESOLUTION NO. R1997-050. Councilmember Smith made a motion to hold a moratorium until October 6, 1997, on the issuance of building/zoning permits in the Haymount Historic District pending receipt of a report and to include in the motion initiating the report, seconded by Councilmember Cheek. Mr. George Stout of Woodside Avenue addressed the Council regarding his proposed project on Hillside Avenue. A discussion was held regarding the architectural review process with Dr. J. Wayne Riggins, Vice Chairman of the Historic Resources Commission, providing information on other preservation projects he had worked on. Dr. Riggins stated the Historic Resources Commission would like to set standards for exteriors of buildings which could be enforced by a fine system that would require the owner to maintain the facade of the building. Mayor Dawkins called for a vote on the motion and it carried unanimously by a vote of 9 to 0. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. 6. Presentation on proposed county-wide public transportation system. Mr. Matthew Smith, Chairman of the Cumberland County Public Transportation Action Committee, presented this item. Mr. Smith stated the mission of the committee was to establish the framework for a regional/county-wide public transportation system and a Transit Authority to operate the system. Mr. Smith gave a detailed report on the committee's work. He requested that the Mayor be authorized to send to the General Assembly a letter supporting the ½ cent local option sales tax for public transportation. A discussion was held. Councilmember McBryde stated that Senator Shaw and Representative Hurley had introduced the same legislature. Councilmember Kendrick moved to authorize the Mayor to send to the General Assembly a letter supporting the ½ cent local option sales tax for public transportation, seconded by Councilmember Ross and carried unanimously by a vote of 9 to 0. 7. Consideration of award of contract for construction of the North Bridle Creek/Scotsdale Sanitary Sewer Outfall to ES&J Enterprises (Autryville, NC), low bidder in the amount of $1,292,274.00. (PWC) The following Bids were received: ES&J Enterprises (Autryville, NC) $1,292,274.00 R. H. Moore (Murrells Inlet, SC) $1,376,323.00 State Utilities (Monroe, NC) $1,472,360.00 T. A. Loving (Goldsboro, NC) $1,619,070.00 Councilmember McBryde moved to award the contract, seconded by Councilmember Dempster and carried unanimously by a vote of 9 to 0. 8. Consideration of the following actions regarding upcoming projects: A. Approval of architectural and engineering contracts through design development for the following projects: 1. Fire Station on School Road 2. Cliffdale Recreation Center Councilmember McBryde moved to approve, seconded by Councilmember Kendrick and carried unanimously by a vote of 9 to 0. B. Adoption of the following financial matters related to these projects: 1. Capital Project Ordinance 97-8. 2. Capital Project Ordinance 97-9. Councilmember McBryde moved to approve, seconded by Councilmember Kendrick and carried unanimously by a vote of 9 to 0. 9. Consideration of approval of operating agreement with Friends of the Parks for Fascinate-U Children's Museum. Interim City Manager Roger Stancil presented this item. Mr. Stancil stated he would like for Council to approve the new concept for operating the Children's Museum before it was referred to the Parks and Recreation Advisory Commission for final action. Mr. Stancil proceeded to explain the concept. He stated the museum would be located on the first floor of Old City Hall. Councilmember Kendrick moved to approve the concept, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. 10. Consideration of items for referral to City-County Liaison Committee. Mayor Pro Tem Blackwell stated that the May Agenda would be used for June. Councilmember Cheek requested to refer to the City-County Liaison Committee a feasibility study of the effect of the two percent discount on property taxes to determine whether the discount should be continued or not. The Council unanimously voted to forward this item to the City-County Liaison Committee. Interim City Manager Roger Stancil asked the Council to refer to the request by the County to withdraw from the joint ID-Bureau Interlocal Agreement. Mr. Stancil stated the impact on the City's budget would be approximately $200,000. 11. APPOINTMENTS: A. Airport Commission: Nominations needed to fill three vacancies. The following nominations were made: 1. Charles J. Harrell (nominated by Councilmember McBryde) 2. Dudley Miller (nominated by Councilmember Kendrick) 3. Juanita Pilgrim (nominated by Mayor Pro Tem Blackwell) Mayor Dawkins announced that Mr. Hank Debnam did not wish to serve a second term. B. Board of Adjustment: Election of nominee to fill one vacancy. Mr. Asif R. Rizvi was unanimously appointed to fill the term of Mr. John Franklin Johnson. The term expires in July 1999. C. Board of Appeals on Dwellings and Buildings: Nomination needed to fill one vacancy. No nominations were made at this time. D. Historic Resources Commission: Nominations needed to fill two at-large vacancies. The following nominations were made: 1. Katherine Marable (nominated by Mayor Pro Tem Blackwell) 2. Floyd Caldwell (nominated by Councilmember Torrey) 3. Frances Wright (nominated by Councilmember Massey) E. Human Relations Commission: Nominations needed to fill four vacancies. The following nominations were made: 1. Ann Groninger (nominated by Councilmember Cheek) 2. Rick Leslie (nominated by Councilmember McBryde) 3. Thomas Hennessey (nominated by Councilmember Massey) 4. Joyce Malone (nominated by Mayor Pro Tem Blackwell) 5. Williford R. Saunders (nominated by Councilmember Smith) 6. Rev. Floyd Johnson (nominated by Councilmember Massey) 7. Soehee Weatherell (nominated by Councilmember Massey) F. Public Works Commission: Nominations needed to fill one vacancy. The following nominations were made: 1. Robert C. Williams (nominated by Mayor Pro Tem Blackwell) G. PWC Retirement Board: Nominations needed to fill one attorney category vacancy. The following nominations were made: 1. William E. Clark, Attorney (nominated by Councilmember McBryde) H. Joint Storm Water Advisory Board: Nominations needed to fill two vacancies. The following nominations were made: 1. Steven Williams 2. Wilson Lacy I. Taxicab Review Board: Election of nominee to fill one alternate vacancy. Mr. John Hutchins was appointed to the alternate position. 12. ADMINISTRATIVE REPORTS: A. Report on commercial solid waste focus group. Interim City Manager Roger Stancil stated he would like to proceed with the focus group as recommended. B. Report on change in park improvements plans. C. Update on employee survey regarding the City holiday schedule. Interim City Manager Roger Stancil stated he did not want to survey the employees until a decision had been made as to how to proceed. Mayor Pro Tem Blackwell moved to postpone until the fall doing the survey, seconded by Councilmember Kendrick and carried by a vote of 7 to 2 with Councilmembers Smith and Ross in opposition. D. Report on privilege licenses. Interim City Manager Roger Stancil stated the City of Fayetteville was the only City who issues licenses based on inventory rather than gross receipts. E. Report on discount periods for early payment of property taxes. INFORMATION ITEMS: 1. Fayetteville Partnership - minutes of Board of Directors Meeting held on May 7, 1997. 2. Report on request for improvements at the intersection of Roxie Avenue and Village Drive. 3. Report on Zoning Commission workshop session. 4. Appearance Commission - minutes of April 22, 1997. 5. Historic Resources Commission - minutes of April 22, 1997. 6. Planning Commission - minutes of May 6, 1997. 7. Zoning Commission - minutes of April 8, 1997. 8. Board of Adjustment - minutes of April 15, 1997. 9. Transportation Coordinating Committee - minutes of March 18, 1997. 10. Airport Commission - minutes of April 29, 1997. 11. FAEDC - minutes of April 15, 1997. Councilmember Kendrick moved to adjourn the meeting, seconded by Councilmember Massey and carried unanimously by a vote of 9 to 0. There being no further business the meeting adjourned at 10:16 p.m. SPECIAL MEETING JUNE 9, 1997 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING CITY HALL COUNCIL CHAMBER JUNE 9, 1997 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Absent: Mayor Pro Tem Blackwell (at-large); Councilmember Milo McBryde (at-large); Robert A. Massey, Jr. (District 3) Others Present: Roger L. Stancil, Interim City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Lisa Smith, Finance Department Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Assistant City Manager Ben Brown, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. 1. AGENDA Mayor Dawkins stated that Councilmember McBryde and Mayor Pro Tem Blackwell had been excused from this meeting at a previous meeting. Councilmember Smith moved to excuse Councilmember Massey, seconded by Councilmember Kendrick and carried unanimously by a vote of 6 to 0 with Mayor Pro Tem Blackwell and Councilmembers McBryde and Massey excused. 2. PUBLIC HEARING Mayor Dawkins announced this was the public hearing for the 1997/1998 fiscal budget. He thanked all of the organizations present and their volunteers for the contributions they had made to the City of Fayetteville. The public hearing opened at 7:25 p.m. The following appeared and requested funding from the City: 1. Mr. Tom Grubbs represented the Fayetteville Arts Council. 2. Ms. Lisbeth Leddin represented the Women's Center. 3. Cpt. Sherman Cundiff represented the Salvation Army. 4. Dr. Floyd W. Johnson represented the Seniors Call to Action Team. 5. Ms. Hattie Odom represented the Seniors Call to Action Team. 6. Ms. Mandy Pittman represented the Fayetteville Dogwood Festival. 7. Ms. Elizabeth Gnann represented the Fayetteville Area Sentencing Center. 8. Ms. Sandra Burke represented the Rape Crisis Volunteers of Cumberland County. 9. Ms. Kimberly Davis represented the Fayetteville Big Brothers and Big Sisters. 10. Naomi M. Courson represented the Woman's Club and Heritage Square. 11. Ms. Robin Legg represented the Fayetteville Partnership. 12. Mr. Mark N. Lynch represented the Cape Fear Botanical Garden. 13. Mr. F. E. Wright represented the Orange Street School Restoration and Historical Association. 14. Ms. Blair Smathers represented the Cumberland County Dispute Resolution Center. There was no one further to speak and the public hearing closed at 8:05 p.m. After a brief recess, discussion was held by Council. Councilmember Kendrick thanked the Dispute Resolution Center for the thoroughness of the specific figures presented to the Council. Councilmember Smith stated he liked the special meeting approach to the budget public hearing. Councilmember Smith moved to postpone action on the requests made during the public hearing until the June 16, 1997, meeting when all Councilmembers would be present, seconded by Councilmember Cheek and carried unanimously by a vote of 6 to 0 with Mayor Pro Tem Blackwell and Councilmembers McBryde and Massey excused. Interim City Manager Roger Stancil reviewed budget information for the Council. Councilmember Cheek asked that information be provided at the next meeting regarding why the dissolution of the Joint City-County ID Bureau would cost the City $140,000 if there were going to be fewer people working in that area. Councilmember Torrey requested to be excused from the June 16, 1997, regular City Council meeting. Councilmember Smith moved to excuse Councilmember Torrey, seconded by Councilmember Cheek and carried by a vote of 5 to 1 with Councilmember Kendrick opposed and with Mayor Pro Tem Blackwell and Councilmembers McBryde and Massey excused. Councilmember Smith moved to adjourn the meeting, seconded by Councilmember Kendrick. There being no further business the meeting adjourned at 8:30 p.m. REGULAR MEETING JUNE 16, 1997 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER JUNE 16, 1997 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Suzan Cheek (District 5); Mark Kendrick (District 6) Absent: Thelbert Torrey (District 4) (excused) Others Present: Roger L. Stancil, Interim City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Kai Nelson, Finance Director Pete Piner, Fire Chief Elmer Floyd, Human Relations Division Manager Robert Barefoot, Recreation/Community Facilities Director Steve Blanchard, PWC Manager Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Dr. Robert A. Phipps, Interim Pastor of Massey Hill Baptist Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins presented Lisa Broadus, Communications Supervisor, with a Certificate of Excellence for her professionalism on May 20, 1997, when she responded to a 911 telephone call from Gage Cheatem, a two-and-a-half year old child whose mother was unconscious. Mayor Dawkins commended Ms. Broadus for her exemplary performance. 1. APPROVAL OF AGENDA Interim City Manager Roger Stancil requested to clarify item 2.J. He explained that Items 1 through 9 were water and waste water chemicals and Items 10 through 15 were electrical inventory items. City Attorney Robert Cogswell requested to add Item 12, Consideration of purchase of right-of-way on North McPherson Church Road from Hannah Barr Grant for purpose of intersection improvements. Councilmember Cheek requested to combine Items 4 and 5 in order that the yard pickup could be discussed prior to voting on the solid waste ordinance. Councilmember Dempster requested to add Item 13, discussion of the Myers Park Recreation Center. Councilmember Kendrick moved to approve the agenda with the additions of Items 12 and 13, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 8 to 0 with Councilmember Torrey excused. 2. CONSENT: Councilmember Smith moved to approve the consent agenda, seconded by Councilmember Dempster and carried unanimously by a vote of 8 to 0 with Councilmember Torrey excused. The following items were unanimously approved: A. Approve minutes of regular meeting of May 19, 1997. B. Approve minutes of regular meeting of June 2, 1997. C. Adopt resolutions authorizing condemnations for the following: 1. Condemnation of right-of-way for McPherson Church Road/Sycamore Dairy Road Intersection Improvement Project, Parcel W-2. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1997-051. 2. Condemnation of right-of-way for McPherson Church Road/Sycamore Dairy Road Intersection Improvement Project, Parcel E-2. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1997-052. 3. Condemnation of right-of-way for McPherson Church Road/Sycamore Dairy Road Intersection Improvement Project, Parcel E-5. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1997-053. Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1997. D. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, prohibiting parking on Scotland Drive. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (SCOTLAND DRIVE). ORDINANCE NO. NS1997-016. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1997. E. Approve the following financial matters: 1. Adopt Capital Project Ordinance Amendment 97-11 (CPO 96-5) Area 300 Annexation. This amendment reflects the transfer of funds in the amount of $459,911 from the General Fund to the Annexation CPO to cover, in part, costs associated with public improvements (streets and drainage) relating to Phase II Annexation. The funds are included in the FY 1997 budget and are part of the financial plan for Area 300 Annexation. 2. Adopt Capital Project Ordinance Amendment 97-12 (CPO 95-4) Public Improvements. This amendment reflects the transfer of $660,000 from the General Fund for capital costs (streets and drainage) associated with Phase 1 Annexation. These funds were restricted in the 1996 year-end audit for Phase 1 Annexation. The funds require transfer to the Phase 1 Annexation CPO to cover the street and drainage costs reflected in that project. This transfer is reflected in the current year-end budget. 3. Adopt Capital Project Ordinance Closeout 97-4 (CPO 95-6) Future AIP. This project was created in 1995 to provide resources for the acquisition of land for the airport. The project was funded with airport operating revenues. Following the project's creation, federal participation became available to fund the land acquisition. The project costs were transferred to the appropriate AIP project thereby making this project unnecessary. 4. Adopt Capital Project Ordinance 97-10 (Seabrook Park Pool). City Council has previously authorized a loan in the amount of $900,000 for the rehabilitation of Seabrook Pool. A portion of the construction costs have been transferred to current HUD entitlement funds in the amount of $300,000. This ordinance reflects the balance of the project costs in the amount of $600,000 with the proceeds coming from the HUD-108 loan. 5. Authorize Mayor to execute State Grant Agreement for Airport Improvements. Council has previously adopted various ordinances for this Airport State Aid. The Airport purchased various equipment in FY 1996 which the State has indicated they will reimburse the Airport 50 percent of the costs. 6. Adopt Capital Project Ordinance Partial Closeout 97-3 (Police Substation). This project was established to provide resources to construct the police substation located at the Bonnie Doone Fire Station. The project was funded by a transfer from General Fund. The project has been completed and this action is necessary to close the project. 7. Adopt 1996-97 Final Amended Budget Ordinance. The 1997-98 Recommended Budget contains revenue and expenditure estimates for the current fiscal year (1996-97). The attached final amended fiscal year 1996-97 budget ordinance restates the current amended budget to more accurately reflect the 1997 year-end estimates of revenues and expenditures contained in the 1997-98 Recommended Budget. It is estimated that the following revenues will be available thorough the budget ordinance appropriation and other revenues during fiscal year beginning July 1, 1996, and ending June 30, 1997. Total Estimated Risk Management Fund Expenses $5,327,817 Total Estimated Fleet Maintenance Fund Expenses $1,178,067 Total Estimated Vehicle Warranty Fund Expenses $615,458 The 1996/97 Final Amended Budget Ordinances are on file in the office of the Finance Director of the City of Fayetteville. F. Adopt resolution approving the Cumberland County Solid Waste Plan for BCH counties. RESOLUTION TO APPROVE THE CUMBERLAND COUNTY SOLID WASTE PLAN. RESOLUTION NO. R1997-054. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. G. Approve operating agreement with Friends of the Parks for Fascinate-U Children's Museum. H. Approve Municipal Agreement with N.C. DOT covering the replacement of storm water pumps on Ramsey Street within the City of Fayetteville Limits. The following agreement was approved: WHEREAS, the North Carolina Department of Transportation and the City of Fayetteville propose to replace deteriorating storm water pumps located on SR 2311 (Ramsey Street) in Fayetteville; and, WHEREAS, said Department of Transportation and the City of Fayetteville propose to enter into an agreement for the aforementioned improvement whereby the City of Fayetteville will be responsible for planning and design, any necessary right of way or utility adjustments, and administering the project; and, WHEREAS, said agreement further provides for the Department of Transportation to reimburse the City of Fayetteville one lump sum payment of One Hundred Fifty Thousand Dollars ($150,000.00) toward the actual costs of the project. NOW, THEREFORE, BE IT RESOLVED that said project in Cumberland County, is hereby formally approved by the City Council of the City of Fayetteville and that the Mayor and Clerk of this Municipality are hereby empowered to sign and execute the Agreement with the Department of Transportation. I. Cancel information meeting scheduled for June 23, 1997. J. Approve award of contracts for purchase of water and waste water chemicals to the following vendors: (PWC) 1. 2,750,000 pounds of caustic soda to Holtrachem (Natick, MA) in the amount of $110,687.50. The following bids were received: Holtrachem (Natick, MA) $110,687.50 Van Waters & Rogers (Greensboro, NC) $165,000.00 Prillaman Chemical (Suffolk, VA) $114,400.00 Jones Chemicals (Charlotte, NC) $129,250.00 2. 280 tons of liquid chlorine to Jones Chemical (Charlotte, NC) in the amount of $93,100.00 The following bids were received: Jones Chemicals (Charlotte, NC) $93,100.00 Van Waters & Rogers (Greensboro, NC) $106,120.00 Prillaman Chemical (Suffolk, VA) $103,880.00 3. 6,000,000 pounds of 8.3% liquid aluminum sulfate to Koch Sulfur (Wilmington, NC) in the amount of $184,500.00 The following bids were received: Koch Sulfur (Wilmington, NC) $184,500.00 General Chemical (Parsippany, NJ) $205,056.00 Prillaman Chemical (Suffolk, VA) $184,800.00 4. 200 tons of fluorosilicic acid to LCI, Ltd(Jacksonville Beach, FL) in the amount of 22,880.00 The following bids were received: LCI, Ltd. (Jacksonville Beach, FL) $22,880.00 Chemtech (St. Louis, MO) $26,560.00 Prillaman Chemical (Suffolk, VA) $23,520.00 Jones Chemicals (Charlotte, NC) $33,400.00 Kaiser (Mulberry, FL) $26,490.00 5. 100,000 pounds of powdered activated carbon to Prillaman Chemical (Suffolk, VA) in the amount of $38,170.00 The following bids were received: Prillaman Chemical (Suffolk, VA) $38,170.00 Van Waters & Rogers (Greensboro, NC) $45,500.00 Worth Chemical (Greensboro, NC) $60,000.00 6. 222 dry tons of liquid ferric chloride to Prillaman Chemical (Suffolk, VA) in the amount of $63,270.00 The following bids were received: Prillaman Chemical (Suffolk, VA) $63,270.00 Jones Chemicals (Charlotte, NC) $69,930.00 Gulbrandsen (Clinton, NJ) $64,380.00 Alchem, Inc. (Red Springs, NC) $69,486.00 7. 1000 tons of hydrated lime to Chemstone (Strasburg, VA) in the amount of $84,680.00 The following Bids were received: Chemstone (Strasburg, VA) $84,680.00 Prillaman Chemical (Suffolk, VA) $88,200.00 APG Lime (Charlotte, NC) $86,850.00 Greer Industries (Morgantown, WV) $89,640.00 8. 120 tons of corrosion inhibitor to Technical Products (Portsmouth, VA) in the amount of $52,440.00 The following bids were received: Technical Products (Portsmouth, VA) $52,440.00 Prillaman Chemical (Suffolk, VA) $75,984.00 Waterguard (Wilson, NC) $60,552.00 9. 100,000 gallons of liquid ferrous sulfate to Alchem (Red Springs, NC) in the amount of $24,500.00. The following bids were received: Alchem, Inc. (Red Springs, NC) $24,500.00 U.S. Filter (Tallevast, FL) $24,750.00 10. Four deadfront, type 9 switching cabinets to Power Supply (Matthews, NC) in the amount of $103,996.00 The following bids were received: Power Supply (Matthews, NC) $103,996.00 Eastern Electric (Rocky Mount, NC) $106,738.16 WESCO (Raleigh, NC) $104,600.00 Scott-Parish (Wake Forest, NC) $106,600.00 Rigby Electric (Rocky Mount, NC) $104,596.00 11. Three 25kV vault style, type 9A switches to Rigby Electric (Rocky Mount, NC) in the amount of $60,600.00 The following bids were received: Rigby Electric (Rocky Mount, NC) $60,600.00 Eastern Electric (Rocky Mount, NC) $68,013.39 WESCO (Raleigh, NC) $61,185.00 Scott-Parish (Wake Forest, NC) $67,920.00 Power Supply (Matthews, NC) (non-compliant to specs.) $60,237.00 12. 60, 50 KVA padmounted transformers to Ermco, c/o National Transformer Sales (Raleigh, NC), in the amount of $74,100.00 The following bids were received: Ermco, National Transformer Sales (Raleigh, NC) $74,100.00 HESCO (Smithfield, NC) $71,640.00 Power Supply (Matthews, NC) $106,320.00 Rigby Electric (Rocky Mount, NC) $109,200.00 WESCO (Raleigh, NC) $80,640.00 Scott-Parish (Wake Forest, NC) $72,000.00 Kuhlman (Versailles, KY) $72,120.00 13. 125, 50 KVA CSP Transformers to WESCO (Raleigh, NC) in the amount of $100,875.00. The following bids were received: WESCO (Raleigh, NC) $100,875.00 Eastern Electric (Rocky Mount, NC) $143,622.50 HESCO (Smithfield, NC) $110,750.00 Power Supply (Matthews, NC) $111,125.00 Ermco, National Transformer Sales (Raleigh, NC) $107,750.00 Rigby Electric (Rocky Mount, NC) $114,125.00 Scott-Parish (Wake Forest, NC) $94,750.00 Kuhlman (Versailles, KY) $97,375.00 14. 50, 25KVA padmounted transformers to Scott-Parish Electrical Supply (Wake Forest, NC) in the amount of $50,750.00 The following bids were received: Scott-Parish (Wake Forest, NC) $50,750.00 HESCO (Smithfield, NC) $54,150.00 Power Supply (Matthews, NC) $81,100.00 Ermco, National Transformer Sales (Raleigh, NC) $51,100.00 Rigby Electric (Rocky Mount, NC) $83,250.00 WESCO (Raleigh, NC) $64,600.00 Kuhlman (Versailles, KY) $49,850.00 15. 100, 25KVA CSP Transformers to Ermco, c/o National Transformer Sales (Raleigh, NC), in the amount of $58,300.00. The following Bids were received: Ermco, National Transformer Sales (Raleigh, NC) $58,300.00 HESCO (Smithfield, NC) $64,400.00 Power Supply (Matthews, NC) $61,650.00 Rigby Electric (Rocky Mount, NC) $63,200.00 WESCO (Raleigh, NC) $65,100.00 Scott-Parish (Wake Forest, NC) $62,400.00 Kuhlman (Versailles, KY) $64,000.00 Eastern Electric (Rocky Mount, NC) $95,714.00 K. Approve request for fireworks display on July 4, 1997, from the Cape Fear Croc's. 3. PUBLIC HEARINGS: A. Consideration of local historic designation for Orange Street School and Saint Joseph's Church. Assistant City Manager Jimmy Teal presented this item. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition and the public hearing opened and closed at 7:19 p.m. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE DESIGNATING ORANGE STREET SCHOOL, FAYETTEVILLE, NORTH CAROLINA, AS A HISTORIC LANDMARK. ORDINANCE NO. NS1997-017. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE DESIGNATING ST. JOSEPH'S EPISCOPAL CHURCH, FAYETTEVILLE, NORTH CAROLINA, AS A HISTORIC LANDMARK. ORDINANCE NO. NS1997-018. Councilmember Kendrick moved to approve the historic designations, seconded by Councilmember Ross and carried unanimously by a vote of 8 to 0 with Councilmember Torrey excused. Copies of the foregoing ordinances are on file in the City Clerk's office in Ordinance Book NS1997. B. Consideration of adoption of resolution requiring the paving of Browns Lane from Alexander Street to Cool Spring Street. Assistant City Manager Jimmy Teal presented this item. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition. The public hearing opened and closed at 7:21 p.m. FINAL RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF BROWN'S LANE FROM COOL SPRING STREET TO ALEXANDER STREET. RESOLUTION NO. R1997-055. Mayor Pro Tem Blackwell moved to adopt the resolution, seconded by Councilmember Dempster and carried unanimously by a vote of 8 to 0 with Councilmember Torrey excused. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. 4. Consideration of adoption of ordinance amending Chapter 14, Solid Waste-Garbage, Trash and Weeds, of the Fayetteville City Code, to include provisions for containerization of yard waste. 5. Discussion of current schedule and practices of yard trash pickup. (Requested by Councilmember Suzan Cheek) Councilmember Cheek requested that Items 4 and 5 be combined for discussion purposes. A discussion was held regarding the lack of uniformity in the weekly yard-debris pickup. Councilmembers expressed their concern about the complaints they had received from citizens regarding the lack of pickup for debris once a week. Councilmember Kendrick expressed his concerns about special pickups. Interim City Manager Roger Stancil stated the City's objective was to pick up the debris one time a week and he felt the new fleet of trucks, which were on order, would take care of the problem. The new fleet is scheduled to arrive September 5, 1997. Mr. Stancil stated his office should be contacted if there was a problem with a pickup. Interim City Manager Roger Stancil reviewed the revised ordinance and asked that it be effective on September 1, 1997, to allow time for public education. Councilmember McBryde requested to extend the leaf season from October 1 to January 15. He stated he felt the cost to citizens was still too much. Councilmember Cheek inquired about the use of plastic tarps. Mr. Stancil stated it would be acceptable as long as the standards set out in the revised ordinance were complied with. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE CREATING A NEW CHAPTER 14, SOLID WASTE, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1997-010. Councilmember Kendrick moved to adopt the ordinance to include a leaf season from October 1 to January 15 with the effective date to be September 1, 1997, seconded by Mayor Pro Tem Blackwell and carried by a vote of 8 to 0 with Councilmember Torrey excused. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1997. 6. Report from Human Relations Commission: A. Focus Group recommendations on strategies for healing the community. Mr. Ander J. Dunham, Chair of the Human Relations Commission, presented this item. Mr. Dunham gave an overview of the process used to identify the major concerns of the citizens of Fayetteville. Mr. Dunham stated the main issues were as follows: 1. Racial tension 2. A need for increased activities and responsibilities for the Human Relations Commission 3. Biased news media coverage 4. What will be done with this study? B. Recommendations on dedication plan for Martin Luther King, Jr., Boulevard. SGM. Robert McRae, the Fort Bragg Representative on the Human Relations Commission presented this item. Mr. McRae presented a proposed program for the dedication of the Martin Luther King Boulevard. He also requested that they approve the date of July 27, 1997, for the dedication. Councilmember McBryde moved to approve the date of July 27, 1997, and the program as presented for the dedication, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 8 to 0 with Councilmember Torrey excused. Mr. McRae stated the Commission would also like to change the name to the Martin Luther King Jr. Freeway. Councilmember Smith moved to approve the request to change the name, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 8 to 0 with Councilmember Torrey excused. 7. Consideration of City of Fayetteville Addendum to the 2010 Plan. Assistant City Manager Jimmy Teal presented this item. Mr. Teal stated that upon approval of the additions to the 2010 Plan the staff will work with the Planning Commission to make the revisions. The revisions will be brought back to Council for their approval. Councilmember McBryde moved to approve the additions to the 2010 Plan, seconded by Councilmember Kendrick. Councilmember Cheek offered a friendly amendment to the motion to delete the phrase "Due to the competitive nature of bringing industrial parks into the area, it is recommended they'll be developed in the unincorporated areas of the County." Councilmembers McBryde and Kendrick accepted the friendly amendment and the motion carried unanimously by a vote of 8 to 0 with Councilmember Torrey excused. 8. Consideration of the following PWC matters: A. Consideration of award of contract for construction of the Gillespie Street to Eastern Boulevard (New Water Tank Site) 16" Water Main to State Utility (Monroe, NC) in the amount of $264,547.00. The following bids were received: R. H. Moore (Murrells Inlet, SC) $395,323.00 Brewers Excavating (Rural Hall, NC) $308,666.16 State Utility (Monroe, NC) $264,547.00 Blue Construction (Sanford, NC) $269,776.00 B. Consideration of award of contract for construction of utilities in the Glenhaven and Marlboro Subdivisions, and a portion of Bunce Road to T.A. Loving Company (Goldsboro, NC)(1996 Fayetteville Annexation Phase II-Area 300) in the amount of $1,037,815.00 and add Alternate E-1 in the amount of $10,400.00. The following bids were received: Base Bid Alt. E-1 L.A. Loving Company (Goldsboro, NC) $1,037,815.00 $10,400.00 Marlboro Constructors (Bennettsville, SC) $1,107,923.29 $18,480.00 ES&J Enterprises (Autryville, NC) $1,126,812.00 $26,400.00 R.H. Moore Company (Murrells Inlet, SC) $1,207,727.50 $18,120.00 Autry Grading Company (Fayetteville, NC) $1,192,214.20 $27,800.00 McClam & Associates (Little Mountain, SC) $1,355,235.75 $36,400.00 F. McMahon (Columbia, SC) $1,458,774.50 $19,200.00 Star Construction (Rock Hill, NC) $1,834,963.50 $12,200.00 Councilmember Kendrick moved to award both of the contracts, seconded by Councilmember Smith and carried unanimously by a vote of 8 to 0 with Councilmember Torrey excused. C. Update on 1996 Annexation, Phase II, water and sewer projects. Interim City Manager Roger Stancil presented the status report. He stated he felt the project would be completed before June 30, 1998. 9. Consideration of matters related to Airport projects: Interim City Manager Roger Stancil presented this item. A. Approval of design contract with HNTB. Councilmember McBryde moved to approve the design contracts, seconded by Councilmember Kendrick and carried unanimously by a vote of 8 to o with Councilmember Torrey excused. B. Adoption of Capital Project ordinance 97-11 (Corporate Hangers) C. Adoption of Capital Project Ordinance 97-12 (Terminal Renovations) Councilmember McBryde moved to approve Capital Project ordinances 97-11 and 97-12, seconded by Councilmember Kendrick and carried unanimously by a vote of 8 to 0 with Councilmember Torrey excused. 10. Consideration of adoption of Fiscal Year 1997-98 Budget Ordinance (98-1). Interim City Manager Roger Stancil presented this item. Councilmember Cheek moved to adopt the budget ordinance with a 3.5 percent increase in the Mayor's and City Council's salaries. A discussion was held with the following changes being requested: 1. The Women's Club proposed allocations were to be increased to a total of $5,000. 2. The Orange Street School allocation was to be referred to the Redevelopment Commission. 3. The Downtown District Tax was to be set at 6.3 cents rather than at the recommended 10 cents, and a determination will be made later as to additional funding to Fayetteville Partnership. An in-depth discussion was held regarding allocating an additional $30,000 to the Fayetteville Area Economic Development Corporation for use in an economic development study. Councilmembers decided that a separate line item needed to be set up in the amount of $30,000 and then the issue could be readdressed at a later time. Councilmember Dempster offered a friendly amendment to the motion to set up the FAEDC allocation of $30,000 into a separate line item, seconded by Councilmember Massey. Councilmember Cheek accepted the friendly amendment and the other requests for changes as set out above and requested by Council. BUDGET ORDINANCE 98-1. Mayor Dawkins called for a vote on the proposed budget for fiscal year 1997/98 in the total amount of $251,210,878.00. The ordinance was approved by a unanimous vote of 8 to 0 with Councilmember Torrey excused. A copy of the foregoing ordinance is on file in the City Clerk's office in Budget Ordinance Book for 1997/1998. Councilmember Cheek requested to be excused due to illness. Councilmember Smith moved to excuse Councilmember Cheek, seconded by Councilmember McBryde and carried unanimously by a vote of 7 to 0 with Councilmember Torrey excused. 11. APPOINTMENTS: A. Airport Commission: election of nominees to fill three vacancies. The following appointments were made: 1. Mr. Charles J. Harrell, reappointed to 2nd term 2. Mr. Dudley Miller, reappointed to 2nd term 3. Ms. Juanita P. Pilgrim, appointed for a 1st term B. Board of Appeals on Dwellings and Buildings: nominations needed to fill one vacancy. No nomination was made at this time. C. Historic Resources Commission: election of nominees to fill two at-large vacancies. The following appointments were made: 1. Mr. Floyd Caldwell, appointed for a 1st term 2. Ms. Francis Wright, appointed for a 1st term D. Human Relations Commission: election of nominees to fill four vacancies. The following appointments were made: 1. Ms. Ann Groninger, appointed for a 1st term 2. Dr. Thomas Hennessey, reappointed for a 2nd term 3. Ms. Joyce Malone, reappointed for a 2nd term 4. Rev. Floyd W. Johnson, appointed for a 1st term E. Public Works Commission: election of nominee to fill one vacancy. Mr. Robert C. Williams was reappointed for a four-year term. F. PWC Retirement Board: election of nominee to fill one vacancy for attorney category. Mr. William E. Clark, Attorney, was appointed to fill the vacancy for the attorney category. G. Joint Storm Water Advisory Board: election of nominees to fill two vacancies. The following appointments were made: 1. Mr. Steven Williams, reappointed for a 2nd term 2. Mr. Wilson Lacy, reappointed for a 2nd term 12. Consideration of purchase of right-of-way on North McPherson Church Road from Hannah Barr Grant for purpose of intersection improvements. City Attorney Robert Cogswell presented this item. Mr. Cogswell recommended the Council approve the property owner's counteroffer of $35,220.00 for the land and improvements and $6,672.00 for the sign for a total of $41,892.00. He explained the difference between the appraised amount for the land and improvements ($31,650.00) and the amount the property owner was willing to accept (35,220.00) was approximately 10 percent and this was within the range that has been used to settle acquisitions in the 400 block of Hay Street. Councilmember Kendrick moved to approve, seconded by Councilmember Dempster and carried unanimously by a vote of 7 to 0 with Councilmembers Torrey and Cheek excused. 13. Discussion of the Myers Park Recreation Center. Councilmember Dempster requested to discuss this item. Interim City Manager Roger Stancil stated the Myers Park design had been completed and was waiting for resources due to Council's approval of the Cliffdale Recreation Center. Mr. Stancil stated that both projects could be put out for bid at the same time and could be completed within the 3 cents tax increase which had already been approved. He explained that the debt service would not exceed the amount approved by the citizens. Councilmember Dempster moved to go forward with the Myers Park project, seconded by Councilmember Ross and carried unanimously by a vote of 7 to 0 with Councilmembers Torrey and Cheek excused. INFORMATION ON PUBLIC HEARINGS SET: JULY 7, 1997: Planning Cases: P97-24F Cain Road Land Use Study P96-122F Cain road near Bragg Blvd: R10 to C3, C1 & R6 P96-131F Cain Road/Beech Street R6 to P2 P97-11F Tally-Ho and Clark Drives P2 to C1 P97-33F Purdue and Village drive Land Use Study P97-22F Purdue and Village R10 to P1 P97-29F 3709 Morganton Road R15 & R10 to P2 P97-32F 3707 Morganton Road R15 & R10 to P2 INFORMATION ITEMS: 1. Thank you note from Jennifer Kirby, Miss Teen Fayetteville 1997. 2. Information requested on Local Historic District Designation. 3. Statement of taxes collected for the month of May, 1997, from the Cumberland County Tax Collector. 1996 Taxes $127,708.32 1996 Vehicle Taxes 199,946.04 1996 REV 1,932.49 1996 Vehicle REV 68.42 1996 FVT 25,450.55 1996 Storm Water 19,571.76 1995 Taxes 6,269.66 1995 Vehicle Taxes 1,873.66 1995 REVIT 0.00 1995 Vehicle REVIT 0.00 1995 FVT 295.00 1995 Storm Water 934.29 1994 Taxes 2,004.43 1994 Vehicle Taxes 386.00 1994 REVIT 40.30 1994 Vehicle REVIT 0.00 1994 FVT 50.00 1993 Taxes 964.28 1993 Vehicle Taxes 22.74 1993 REVIT 0.00 1993 Vehicle REVIT 0.00 1993 FVT 20.00 1992 And prior Taxes 1,426.68 1992 And prior FVT 74.58 1992 And prior REVIT 0.00 Interest 11,281.21 Interest (REVIT) 42.09 Interest (Storm Water) 1,112.33 Fayetteville Discount 0.00 REVIT. Discount 0.00 Total Collections $401,474.78 4. Report of tax refunds less than $100. Name Bill No. Year Amount Business Consultants Inc. 1252148 1996 $2.96 Cunningham, Frank R. 2106590 1996 $6.79 McGintry, Paul C & Bun-On 9164414 1995 $28.66 McGintry, Paul C & Bun-On 8429762 1995 $23.14 McGintry, Paul C & Bun-On 8429762 1994 $24.29 McGintry, Paul C & Bun-On 7239281 1993 $26.29 Miles, John Clyde 6014531 1995 $44.27 Miles, John Clyde 7675854 1994 $38.32 Miles, John Clyde 6014531 1993 $52.10 Miles, John Clyde 6014531 1994 $51.06 Miles, John Clyde 7675854 1995 $35.94 Miles, John Clyde 9601555 1996 $48.59 Pryor, Tonette Michelle 8209797 1994 $54.34 Total $436.75 5. Report on Water Main Break at Mirror Lake Drive and South Edgewater Drive Intersection. 6. Update on Purdue Drive Sidewalk. 7. Report on Waterless Street and Westwood Drive regarding Corps of Engineers. 8. Report on Traffic Signal Investigation at Deep Creek Road and Person Street. 9. Report on the Purdue/Village Drive study. 10. Report on Devonwood Neighborhood Meeting. 11. Report on status of Amigo Drive and Charlotte Drive resurfacing. 12. Information on special meeting of Planning Commission, Zoning Commission, Appearance Commission and Historic Resources Commission to be held June 17. 13. Recreation and Parks Advisory Commission - minutes of April 28, 1997. 14. Police Department - Professional Standards monthly report for May, 1997. 15. Human Relations Commission - minutes of May 8, 1997. 16. Letter from citizen regarding cablevision programming. Councilmember Smith moved to adjourn the meeting, seconded by Councilmember McBryde and carried unanimously by a vote of 7 to 0 with Councilmembers Torrey and Cheek excused. There being no further business the meeting adjourned at 9:16 p.m. REGULAR MEETING JULY 7, 1997 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER JULY 7, 1997 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: Roger L. Stancil, Interim City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Frank Simpson, Inspections Director Kai Nelson, Finance Director Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Reverend Ernest W. Jones, True Vine Ministries Church of God in Christ, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins extended condolences to the families of Mr. Sam Johnson, a former member of the City Council, and Mr. I. B. Julian, a former City Executive of the First Citizens Bank. Mayor Dawkins recognized both men for their contributions and service to the community. 1. A. Reconsideration of a portion of the Community Development One-Year Action Plan/Budget regarding the Longview Gardens Apartment project. (Requested by Councilmember Jim Smith) City Attorney Robert Cogswell advised the Council if their previous decision were reversed there could be a legal liability for any expenses incurred by the builder after May 19, 1997. Mr. Cogswell stated there could be no debate on the vote to reconsider and it would take seven votes to place this item on the agenda within the six months time frame. Councilmember Smith moved to reconsider this item, seconded by Councilmember Ross. A discussion ensued. Mayor Dawkins called for the vote. The motion failed to gain the necessary majority of seven votes, with Councilmembers McBryde, Blackwell, Smith, Dempster and Ross voting to reconsider the item and Councilmember Cheek, Massey, Kendrick and Torrey voting not to reconsider. 2. APPROVAL OF AGENDA Interim City Manager Roger Stancil presented the agenda and stated that Item 3.E had two resolutions and would include the authorization to condemn the property of Oland B. Little and wife, Betsy P. Little, and Lasarian A. Oshiokpekhai and wife, Niki E. Oshiokpekhai. He reminded Council that Item 3.L would set a special joint meeting of the City Council and PWC Commission for 7:30 a.m. Councilmember Cheek requested to add a resolution requesting state funding. She informed Council that the same resolution had been approved by the Cumberland County Commissioners. Councilmember Kendrick moved to adopt the agenda with the addition of Councilmember Cheek's Item 5.A, seconded by Councilmember Dempster and carried unanimously by a vote of 9 to 0. 3. CONSENT: Councilmember McBryde moved to approve the consent agenda, seconded by Councilmember Cheek and carried unanimously by a vote of 9 to 0. The following items were unanimously approved: A. Approve minutes of regular meeting of May 27, 1997. B. Approve minutes of special meeting of June 9, 1997. C. Approve minutes of regular meeting of June 16, 1997. D. Adopt resolutions declaring cost and ordering preparation of preliminary assessment rolls and setting time and place for public hearing on July 21, 1997, for the following streets: (paving project) 1. Eunice Drive from Law Road to approximately 900 feet east of Law Road. RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR EUNICE DRIVE (FROM LAW ROAD TO APPROXIMATELY 900 FEET EAST ON LAW ROAD). RESOLUTION NO. R1997-056. 2. Nicky Avenue from Jasper Street to end of pavement. RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR NICKY AVENUE (FROM JASPER STREET TO END OF PAVEMENT). RESOLUTION NO. R1997-057. 3. Sherrerd Avenue from Kirkland Drive to Brainerd Street. RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR SHERRERD AVENUE (FROM KIRKLAND DRIVE TO BRAINERD STREET). RESOLUTION NO. R1997-058. E. Adopt resolution authorizing condemnation to acquire certain property of Oland B. Little and wife, Betsy P. Little, to protect the public health and to provide the public with an adequate and sound sewage collection and disposal system. (PWC) RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF OLAND B. LITTLE AND WIFE, BETSY P. LITTLE. RESOLUTION NO. R1997-059. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF LASARIAN A. OSHIOKPEKHAI AND WIFE, NIKI E. OSHIOKPEKHAI. RESOLUTION NO. R1997-060. F. Approve award of contract for construction of utilities to Fayetteville Annexation - Phase II, Area 300 - Mayfair, Jennings Farm, Cloverleaf and Cresthaven, to Marlboro Constructors (Bennettsville, SC), low evaluated bidder in the amount of $1,550,691.21. (PWC) Bids received were as follows: Marlboro Constructors (Bennettsville, SC) $1,550,691.21 R.H. Moore (Murrells Inlet, SC) $1,553,328.01 T.A. Loving Co. (Goldsboro, NC) $1,603,737.00 McClam & Associates (Little Mountain, SC) $1,621,662.55 Autry Grading (Fayetteville, NC) $1,766,774.50 ES&J Enterprises (Autryville, NC) $1,870,613.00 7 Star Construction (Rock Hill, SC) $2,719,680.00 G. Adopt resolution pursuant to N.C.G.S. 153A-122 making the amendments of the Storm Water Enterprise Ordinance of Cumberland County, enacted December 4, 1996, applicable within the City of Fayetteville. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, PURSUANT TO N.C.G.S. § 153A-122, MAKING THE AMENDMENTS OF THE STORM WATER PUBLIC ENTERPRISE ORDINANCE OF CUMBERLAND COUNTY, ENACTED DECEMBER 4, 1996, APPLICABLE WITHIN THE CITY OF FAYETTEVILLE. RESOLUTION NO. R1997-061. H. Adopt resolution approving an amendment to the Interlocal Undertaking with Cumberland County for the Storm Water Program so as to provide for a Storm Water Utility Coordinator position in the County Tax Administration Department. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE APPROVING AN AMENDMENT TO THE AGREEMENT FOR INTERLOCAL UNDERTAKING WITH CUMBERLAND COUNTY BOARD OF COMMISSIONERS FOR THE DEVELOPMENT OF A JOINT STORM WATER UTILITY. RESOLUTION NO. R1997-062. I. Adopt ordinance changing name of Martin Luther King, Jr., Boulevard to Martin Luther King, Jr., Freeway. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE RENAMING THE MARTIN LUTHER KING, JR. BOULEVARD STREET NAME TO MARTIN LUTHER KING, JR. FREEWAY. ORDINANCE NO. NS1997-019. J. Adopt resolution pursuant to N.C.G.S. 160A-31(c) fixing a date for a public hearing for a petition-initiated contiguous annexation area (Bain Property - located on northern side of Raeford Road, between Loyd Auman Elementary School and Trinity United Methodist Church. Suggested public hearing date: July 21, 1997). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE PURSUANT TO N.C.G.S. 160A-31(C) FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED CONTIGUOUS ANNEXATION AREA (BAIN PROPERTY LOCATED ON NORTHERN SIDE OF RAEFORD ROAD, WEST OF LOYD AUMAN ELEMENTARY SCHOOL AND EAST OF TRINITY UNITED METHODIST CHURCH). RESOLUTION NO. R1997-063. K. Award of contract for purchase of two each knuckleboom loaders to Cavalier Equipment Company (Cloverdale, Va) and approval to waive performance bond due to short delivery period and payment schedule in the amount of $39,332.00. (This is an additional buy award using bid price and contract approved by Council on May 6, 1996.) There were no other bids. L. Set joint meeting with Public Works Commission for July 10, 1997. M. Adopt resolution authorizing condemnation of right-of-way for Brown's Lane Paving Project - Parcel S-2. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY: BROWN'S LANE PAVING PROJECT. RESOLUTION NO. R1997-064. N. Approve the following Finance matters: 1. Adopt Capital Project Ordinance Closeout 98-1 (Airport Master Plan and Access Road) City Council at their June 21, 1993, meeting adopted a capital project ordinance for the funding of the Master Plan Update and to develop plans and specifications for a new airport access road. The project is now complete and all revenues have been received. The project resources and uses have been audited by Cherry, Bekaert & Holland and are recommended for closure. 2. Adopt Capital Project Ordinance Closeout 98-2 (Land Purchases and GA Design) City Council at their September 6, 1994, meeting adopted a capital project ordinance for the funding of land and General Aviation improvements (design phase.) The project is now complete and all revenues have been received. The project resources and uses have been audited by Cherry, Bekaert & Holland and are recommended for closure. The foregoing resolutions and ordinances are on file in the City Clerk's office in Resolution Book R1997 and Ordinance Book NS1997. 4. PUBLIC HEARINGS: A. (P97-29F) Consideration of the rezoning from R15 Residential District and R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 3709 Morganton Road. Containing 1.41 acres more or less and being the property of Troy and Ruth Hooker as evidenced by deeds recorded in Deed Book 768, Page 218, and Deed Book 2237, Page 277, Cumberland County Registry. Assistant City Manager Jimmy Teal presented this item. He stated the staff's recommendation was to deny the rezoning and leave it at R15 and the Zoning Commission's recommendation was to approve rezoning to P2 Professional District. This is the advertised public hearing set for this date and time. The public hearing opened at 7:30 p.m. Appearing in favor of the rezoning were Mr. Thad Downing, 219 Dick Street, Fayetteville, North Carolina; Mr. Swayn Hamlet, 2514 Mirror Lake Drive, Fayetteville, North Carolina; and Mr. D. Craig Williams, 238 Whitney Drive, Fayetteville, North Carolina. Appearing in opposition were Mr. Robert Cardini, 210 Kirkwood Drive, Fayetteville, North Carolina; Mr. David Nichols, 3540 Farmbrook Road, Fayetteville, North Carolina; Ms. Ashley Stewart, 3405 Arboretum Road, Fayetteville, North Carolina; and Mr. R. Jonathan Charleston, 505 Hilliard Drive, Fayetteville, North Carolina. Mr. Thad Downing and Mr. D. Craig Williams appeared in rebuttal of the opposition. There being no one further to speak either in favor or opposition the public hearing closed at 7:59 p.m. Councilmember Dempster moved to follow the Zoning Commission's recommendation to rezone to P2 Professional District, seconded by Councilmember Ross. Councilmember Cheek expressed her opposition to the motion and made a substitute motion to rezone the property from R15 to R10, seconded by Councilmember McBryde. City Attorney Robert Cogswell stated the substitute motion could not be accepted because it would be the opposite of the original motion. He stated it was his opinion that the original motion needed to be voted up or down before the substitute motion could be made. A discussion was held regarding the original motion, the substitute motion, and the issue of rezoning the property. Mayor Dawkins called for the vote on the original motion. The motion to rezone to P2 was defeated by a vote of 4 in favor (Councilmembers Dempster, Ross, Massey, and Smith) and 5 opposed (Councilmembers McBryde, Cheek, Blackwell, Kendrick, and Torrey). Councilmember Cheek moved to rezone from R15 to R10, seconded by Councilmember Kendrick and carried by a vote of 7 to 2 with Councilmembers Ross and Dempster opposed. B. (P97-32F) Consideration of the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 3707 Morganton Road. Containing 2.0 acres more or less and being the property of J.B. Rouse, Jr., and wife, Dorothy J. Rouse, as evidenced by deed recorded in Deed Books 2495, Page 128, and 4257, Page 52, Cumberland County Registry. Assistant City Manager Jimmy Teal presented this item. He stated the planning staff recommended denial of the rezoning and the Zoning Commission recommended approval of the P2 Professional District. Mr. Teal stated that a protest petition had been submitted. City Attorney Robert Cogswell ruled the protest petition was valid and stated 7 votes would be required to pass a rezoning ordinance. This is the advertised public hearing set for this date and time. The public hearing opened at 8:15 p.m. Mr. Stuart Clarke, Attorney for the property owners, 1014 Hay Street, Fayetteville, North Carolina, appeared in favor of the rezoning. Mr. Clarke stated it was his legal opinion that the protest petition was invalid. Mr. Clarke requested due to the previous ruling to amend his petition and change the rezoning request from R10 to R6. Appearing in opposition were Mr. Robert Cardini, 210 Kirkwood Drive, Fayetteville, North Carolina; Mr. David Nichols, 3540 Farmbrook Road, Fayetteville, North Carolina; and Mr. R. Jonathan Charleston, 505 Hilliard Drive, Fayetteville, North Carolina. There being no one further to speak either in favor or opposition the public hearing closed at 8:59 p.m. Councilmember Smith moved to deny any kind of rezoning, seconded by Councilmember McBryde and carried by a vote of 8 to 1 with Councilmember Ross opposed. C. (P97-24F) Consideration of revisions and amendments to the City of Fayetteville's 2010 Land Use Plan for areas located on the Cain Road corridor between William Clark Drive west to Elm Street, and from Bragg Boulevard to Pamalee Drive. The amendment could change a portion of the current long-range land use plan from low-density residential uses to professional uses. Assistant City Manager Jimmy Teal presented the Cain Road Corridor Study. He stated the staff's recommendation was to amend the 2010 Land Use Plan to medium-density residential uses from low-density residential uses as a buffer between the commercial and low-density residential area. This is the advertised public hearing set for this date and time. The public hearing opened at 9:14 p.m. Appearing in favor of the rezoning to P2 Professional District was Richard M. Lewis, Attorney for the property owners, 330 Dick Street, Fayetteville, North Carolina. Appearing in opposition were Mr. Henry J. Baran, 2122 Spruce Street, Fayetteville, North Carolina; and Ms. Mary Herbert, 3210 Shamrock Drive, Fayetteville, North Carolina. There being no one further to speak either in favor or opposition the public hearing closed at 9:30 p.m. A discussion was held regarding the options in the 2010 Land Use Plan use. Councilmember Dempster moved to leave the area as it is, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. D. (P96-122F) Consideration of the rezoning from R10 Residential District to C3 Heavy Commercial District, C1 Local Business District and to R6 Residential District or to a more restrictive zoning classification for an area located at 805 Cain Road, a portion of the property located west of Cain Road and north of 805 Cain Road, and a portion of the property located west of Cain Road and north of Tally-Ho Drive. Containing 3.47 acres more or less and being the property of Gary M. & Sharlyn M. Logan; David B. & Wanda Allen Herring and Leon & Ella Baxley Allen, Sr; and David B. Herring & Leon Allen, Sr., respectively as evidenced by deed recorded in Deed Book 3607, Page 438, Book 3440, Page 660, Book 3050, Page 480, respectively, Cumberland County Registry. Kathy Kem, of the planning staff, presented this item. Ms. Kem stated the staff's recommendation was to deny the rezoning to C3 and C1. She stated the Zoning Commission recommended the approval of C3 for all of PIN # 0428-02-8508; recommended denial of C1 and approval of P2 for PIN # 0428-02-9846 except for a 35 foot strip along the northern border to remain R10; and recommended the remainder remain R10 rather than the R6 requested. Ms. Kem stated that a valid protest petition had been received and it would require 7 votes to rezone this area. This is the advertised public hearing set for this date and time. The public hearing opened at 9:40 p.m. Appearing in favor of the rezoning was Mr. Ed Blanchard, Jr., 5300 Silverpine Drive, Fayetteville, North Carolina; Mr. Richard M. Lewis, Jr., Attorney for the property owner, 330 Dick Street, Fayetteville, North Carolina; and Cam Stout, 1131 Longleaf Drive, Fayetteville, North Carolina. Appearing in opposition was Mr. Henry J. Baran, 2122 Spruce Street, Fayetteville, North Carolina; and Ms. Mary Herbert, 3210 Shamrock Drive, Fayetteville, North Carolina. There being no one further to speak either in favor or opposition the public hearing closed at 10:00 p.m. Councilmember Smith moved to deny the rezoning, seconded by Councilmember Torrey. A discussion was held. Mayor Dawkins called for the vote and the motion carried by a vote of 8 to 1 with Councilmember Ross opposed. E. (P96-131F) Consideration of the rezoning from R6 Residential District to P2 Professional District or to a more restrictive zoning classification for a portion of the property located east of Cain Road and west of Beech Street between Rogers Drive and Imperial Drive. Containing 2.97 acres more or less and being the property of Heart of Fayetteville Motel, Inc., and Frank P. & Carolyn H. Stout, as evidenced by deed recorded in Deed Book 3314, Page 506, Book 3361, Page 572, Book 2109, Page 350, Book 2084, Page 445, and Book 4105, Page 524, respectively, Cumberland County Registry. Kathy Kem, of the planning staff, presented this item. Ms. Kem stated the staff recommended denial of the rezoning request to P2 Professional District and the Zoning Commission recommended approval of the P2 Professional District request. Ms. Kem stated that a valid protest petition had been received and 7 votes would be required to rezone the property. This is the advertised public hearing set for this date and time. The public hearing opened at 10:00 p.m. Appearing in favor of the rezoning was Mr. Cam Stout, 1131 Longleaf Drive, Fayetteville, North Carolina. Appearing in opposition was Mr. Henry J. Baran, 2122 Spruce Street, Fayetteville, North Carolina. There being no one further to speak either in favor or opposition the public hearing closed at 10:11 p.m. Councilmember Torrey moved to deny the rezoning, seconded by Councilmember McBryde and carried by a vote of 8 to 1 with Councilmember Ross opposed. F. (P97-11F) Consideration of the rezoning from P2 Professional District to C1 Local Business District or to a more restrictive zoning classification for an area located between Tally Ho Drive and Claude Street. Containing .83 acres more or less and being the property of James and Elaine Hondros; James and Elaine Hondros, and George and Sandra Herndon, Jr., as evidenced by deeds recorded in Deed Book 3298, Page 112, and Book 2983, Page 389, respectively, Cumberland County Registry. Kathy Kem, of the planning staff, presented this item. Ms. Kem stated the staff recommended denial of the rezoning request and the Zoning Commission recommended approval of the C1 Local Business District request. This is the advertised public hearing set for this date and time. The public hearing opened at 10:25 p.m. Appearing in favor of the rezoning was Mr. John N. Bantsolas, 6304 Whitehall Drive, Fayetteville, North Carolina. There being no one further to speak either in favor or opposition the public hearing closed at 10:27 p.m. Mayor Pro Tem Blackwell moved to rezone the property from P2 to C1, seconded by Councilmember Ross. The motion failed by a vote of 2 in favor (Mayor Pro Tem Blackwell and Councilmember Ross) and 7 opposed (Councilmembers Kendrick, Smith, McBryde, Dempster, Massey, Cheek, and Torrey). G. (P97-33F) Consideration of revisions and amendments to the City of Fayetteville's 2010 Land Use Plan for an area located along Village Drive between Boone Trail Extension and Purdue Drive. The proposed change could change the current long-range land use plan from low-density residential uses to medium-density residential or professional uses. Kathy Kem, of the planning staff, presented this Village and Purdue Drives area study. Ms. Kem stated the staff recommended two alternatives: (1) rezone the property to medium density residential or (2) rezone the property to professional use. This is the advertised public hearing set for this date and time. The public hearing opened at 10:40 p.m. Appearing in favor was Ms. Anne Evans, Attorney for the property owners, 202 Fairway Drive, Fayetteville, North Carolina; and Ms. Linda Lee Allan, 1801 Stetson Lane, Fayetteville, North Carolina. Both parties requested that the property be rezoned to P2 Professional District. Ms. Allan, who is a member of the City Planning Commission, stated she had checked with the City Attorney and had been informed that there was no conflict of interest for her to appear as a member of the surrounding neighborhood. There was no one present to speak in opposition. The public hearing closed at 10:50 p.m. A discussion ensued regarding the alternatives presented to the Council. Councilmember Kendrick moved to change the 2010 Land Use Plan to professional as set out in the presentation, seconded by Councilmember McBryde and carried by a vote of 8 to 1 with Councilmember Smith opposed. H. (P97-22F) Consideration of the rezoning from R10 Residential District to P1 Professional District or to a more restrictive zoning classification for an area located on the northwest corner of Village Drive and Purdue Drive. Containing 1.36 acres more or less and being the property of Franklin S. Clark, III, as evidenced by deed recorded in Deed Book 4315, Page 208, Cumberland County Registry. Kathy Kem, of the planning staff, presented this item. Ms. Kem stated the Zoning Commission recommended denial of the P1 and approval of the R5 Residential District. This is the advertised public hearing set for this date and time. The public hearing opened at 11:00 p.m. Appearing in favor of the rezoning the property to P1 was Ms. Anne Evans, Attorney for the property owner, and Ms. Linda Lee Allan. There was no one present to appear in opposition to the rezoning and the public hearing closed at 11:04 p.m. City Attorney Robert Cogswell stated to rezone this property would not be illegal spot zoning due to the land use change in the previous action. Councilmember Kendrick moved to approve the rezoning to P1 Professional District, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. 5. (P97-28F) Consideration of the rezoning from R10 Residential District to P1 Professional District or to a more restrictive zoning classification for an area located at 3816 Cape Center Drive. Containing .60 acres more or less and being the property of Jane and Hardie Tew as evidenced by deed recorded in Deed Book 4090, Page 604, Cumberland County Registry. Councilmember Kendrick moved to set a public hearing for July 21, 1997, seconded by Councilmember Dempster and carried unanimously by a vote of 9 to 0. A. Consideration of adoption of a resolution in support of state funding in conjunction with the County of Cumberland. Councilmember Cheek presented this item and requested that Council express their support for the state funding by voting for the resolution. RESOLUTION IN SUPPORT OF STATE FUNDING TO CLEAN AND MONITOR THE CAPE FEAR RIVER, TO EXPAND THE MUSEUM OF THE CAPE FEAR, TO ESTABLISH AN EARLY MODEL CHILDHOOD EDUCATION CENTER AT FAYETTEVILLE TECHNICAL COMMUNITY COLLEGE, AND TO STUDY THE NEED FOR A VISITORS' CENTER NEAR THE CITY OF FAYETTEVILLE. RESOLUTION NO. R1997-065. Councilmember McBryde moved to adopt the resolution, seconded by Councilmember Cheek and carried unanimously by a vote of 9 to 0. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. 6. Consideration of request to address City Council from Essie N. Bell regarding the new City yard ordinance. Mr. Essie N. Bell requested that the Council review the new yard ordinance which is due to be effective on September 1, 1997. Mr. Bell stated the following concerns: 1. There is a need to shorten the leaf season. Under the new ordinance it would run from October 1 to January 15. 2. The violation fee of $100 a day should be reduced to $50 a day. 3. Will the City purchase back the containers purchased by the citizens at the end of the six-month trial period. 4. The City could save money by purchasing a storm drainage cleaner rather than renting it at the rate of $90 an hour. Councilmember Torrey expressed his concerns that the elderly could not afford the cost included in the ordinance. He requested that this item be placed on the July 21, 1997, agenda. Councilmember Kendrick requested that information be provided on how the ordinance pertains to the county and on the leaf pickup that is done in the unincorporated areas of Cumberland County. Councilmember Cheek requested information about the possible need for a storm drainage cleaner in the City. Councilmember Kendrick asked that lease purchase information be provided. 7. Consideration of adoption of resolution requesting the Local Government Commission to approve First Union Capital Markets, Inc., as financial advisor in connection with the issuance of proposed City of Fayetteville, Public Works Commission Revenue Bond Series 1997. Interim City Manager Roger Stancil presented this item. Mr. Stancil recommended that the Council appoint First Union Capital Markets, Inc., to provide financial advisory services in connection with the PWC Revenue Bonds Series 1997. He explained this was necessary because Alex. Brown & Sons, Inc., had eliminated its public finance business and could no longer provide these services to the City of Fayetteville. Councilmember McBryde inquired as to whether the services of a financial advisor were necessary. Mr. Kai Nelson, Director of Finance, stated it would be prudent in his opinion. Councilmember McBryde based upon newspaper accounts inquired into the legal and ethical practices of an individual who was formerly employed by Alex. Brown & Sons, Inc., and is currently employed by First Union Capital Market, Inc. He stated he could not support the resolution as it was presented. Mr. Nelson recommended employing First Union Capital Market, Inc., as financial advisor for this bond sale and to solicit bids in the future. Councilmember Kendrick moved to follow staff recommendations, seconded by Councilmember Smith. Mayor Pro Tem Blackwell asked to amend the motion by adding that Mr. Nelson come back to the Council with a proposal of interested underwriters to be added for the selling of these bonds. Mr. Nelson stated that interest had been expressed by Wachovia, BB&T, Jackson Securities, and Wheat, Butcher, and Singer. Mayor Pro Tem Blackwell requested to add BB&T (Craigie Incorporated) and Councilmember Massey requested to add Jackson Securities. Councilmembers Kendrick and Smith accepted the additions. RESOLUTION REQUESTING THE LOCAL GOVERNMENT COMMISSION TO AMEND THE FINANCING TEAM IN CONNECTION WITH THE ISSUANCE OF PROPOSED CITY OF FAYETTEVILLE, PUBLIC WORKS COMMISSION REVENUE BOND SERIES 1997. RESOLUTION NO. R1997-066. Councilmember McBryde stated he would not vote for the revised resolution because the section dealing with the advisor in question had not been removed. Mayor Dawkins called for a vote and the motion to adopt the revised resolution with the additions carried by a vote of 8 to 1 with Councilmember McBryde opposed. 8. Consideration of approval of mailing the Appearance Commission questionnaire. Councilmembers offer suggestions for changes in the format. Councilmember Smith moved to approve the questionnaire with the changes requested by Council, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 9 to 0. Councilmember Cheek requested to have this questionnaire placed on the City's web site. 9. Consideration of reduction in speed limit for Westmont Drive from Fort Bragg Road to Bragg Boulevard. Mayor Pro Tem Blackwell moved to set the public hearing as recommended by staff, seconded by Councilmember McBryde. Councilmember Cheek stated she would like to consider waiving the policy on holding so many hearings so the speed limit could be reduced as soon as possible. Interim City Manager Roger Stancil stated the Council's choices were to leave it as is, to take it off the Thoroughfare Plan, or waive the policy at the public hearing. Councilmember Kendrick asked to broaden the base of the public hearing and not limit it to just the speed limit. He stated there were other avenues for speed reduction that could be discussed. 10. Consideration of amendment to contract with Robert E. Marvin and Associates. Interim City Manager Roger Stancil presented this item. Mr. Stancil stated there had been a shift in focus on the arts component of the proposed park because of a recent discussion among the Art Agencies, Fayetteville State University, and Fayetteville Technical Community College. He stated there was a possibility of Senator Rand and Senator Shaw introducing legislature which might provide $50 to $60 million in funding of the arts facilities. Mr. Stancil stated that in order to take advantage of the state funding, to study the environmental issues, and to seek a reasonable accommodation with the railroad, he was recommending that the Council authorize an amendment to the existing contract with Robert Marvin and Associates to extend the term of the contract from March 17, 1998, to March 17, 1999. Mr. Stancil stated approximately $20,000 could be shifted in the existing contract to accomplish the review of facility placement and Mr. Marvin's contract would not increase. A discussion was held. Councilmember Ross expressed her opposition to the extension of the contract because she felt the dollars could be better spent in other areas. Mayor Pro Tem Blackwell moved to extend the contract for a year, seconded by Councilmember McBryde. Further discussion was held regarding the cost of the project, the possibility of a school being placed in the downtown area, the shift of focus of Mr. Marvin's study, state funding, and the status of the bond referendum. Councilmember Dempster expressed his opposition to the motion because he felt the City needed to follow through with what had been told to the citizens. Mayor Dawkins called for a vote on the motion and the motion carried 7 to 2 with Councilmembers Dempster and Ross opposed. 11. Discussion of intersection of Person Street and Eastern Boulevard. (Requested by Councilmember Milo McBryde.) Councilmember McBryde moved to refer this item to the Streets and Roads Committee, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. 12. Report from City-County Liaison Committee and consideration of items for referral to City-County Liaison Committee. Councilmember Smith requested the City-County Liaison Committee be given an update on the status of the Eufaula Street project to include the possible funding from Cumberland County. 13. APPOINTMENTS: A. Board of Appeals on Dwellings and Buildings: nominations to fill one vacancy. Mayor Pro Tem Blackwell nominated Mr. Darrell J. Haire. B. Board of Adjustment: nominations to fill one vacancy. Councilmember Cheek nominated Mr. Gary Mendelsohn. C. Planning Commission: nominations needed to fill four vacancies (4 one-year terms). Councilmember Cheek nominated Mr. Charles Astrike for reappointment. Councilmember Smith nominated Mr. Jack Cox and Mr. Jack Phill Justice for reappointment. Councilmember Kendrick nominated Mr. Marshall Faircloth for reappointment. D. Zoning Commission: nominations needed to fill two vacancies (2 one-year terms). Councilmember McBryde nominated Ms. Cheri Beasley for reappointment. Councilmember Torrey nominated Mr. Thomas Council for reappointment. E. Taxicab Review Board: nominations needed to fill two vacancies. Councilmember Smith nominated Mr. Robert Lee McLaurin and Ms. Louise Warren for reappointment. 14. ADMINISTRATIVE REPORTS: A. Report from HUD on the 1997 Annual Action Plan for the City of Fayetteville. B. FAEDC response to funding of study by City Council. INFORMATION ON PUBLIC HEARINGS SET: JULY 21, 1997: Consideration of reduction of speed limit in the following areas: Cumberland Heights Savoy Heights (P97-31F) Consideration of the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 5321, 5327, & 5335 Morganton Road. Containing 2.70 acres more or less and being the property of Dorothy E. Spleen; Jamie Jamison Fulghum, trustee; and Jessie S. Brisson respectively as evidenced by deed recorded in Deed Books 1173, page 225; 4042, page 200; and 621, page 281, respectively, Cumberland County Registry. (P97-34F) Consideration of revisions and amendments to the Fayetteville Code of Ordinances, Chapter 32, Zoning, Article IV, Section 32-24(6) to be deleted in its entirety and Section 32-22(3) added to read: bed and breakfasts upon and after obtaining a Special Use Permit to be issued by the City Council upon recommendation of the zoning agency after public hearings as required for amendment to this chapter. INFORMATION ITEMS: 1. Thank you note from Miss Fayetteville 1997, Nikita Shah. 2. Report on Martin Luther King, Jr. Dedication Ceremony. 3. Memo regarding voting precincts from City Attorney. 4. Copy of notice of cancellation of bid for auto parts. 5. Copy of letter to Division of Water Resources regarding comments to DEHNR-DWR on Jordan Lake Water Supply Storage Allocation Recommendation. 6. Terms of employment for Fascinate-U staff. 7. Report on traffic operations at Country Club Drive/Tokay Drive/Ramsey Street. 8. Report on traffic operations at McPherson Church Road/Raeford Road/McPherson Church Road/Cliffdale Road. 9. Report on Devonwood Neighborhood meeting. 10. Report on upcoming North Street Neighborhood Meeting. 11. City-County Liaison Committee - minutes of April 24, 1997. 12. Copy of response from PWC General Manager regarding customer concern. 13. PWC - minutes of May 28, 1997. 14. FACVB - minutes of May 8, 1997. Councilmember McBryde moved to adjourn the meeting, seconded by Councilmember Kendrick and carried unanimously by a vote of 9 to 0. There being no further business the meeting adjourned at 12:15 a.m. JOINT MEETING WITH PUBLIC WORKS COMMISSION JULY 10, 1997 FAYETTEVILLE CITY COUNCIL JOINT MEETING WITH PUBLIC WORKS COMMISSION RADISSON PRINCE CHARLES HOTEL LAFAYETTE ROOM JULY 10, 1997 8:00 A.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large) (arrived after meeting started); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick(District 6) City Staff Present: Roger L. Stancil, Interim City Manager Robert C. Cogswell, Jr., City Attorney John B. (Ben) Brown, Jr., Assistant City Manager Jerome Brown, Transit Director PWC Commission Members Present: Milt Wofford, Vice Chairman Robert W. Saunders Vance B. Neal PWC Staff Present: Steven K. Blanchard, General Manager Ray Britt, Chief Financial Officer James Rose, Chief Administrative Officer Nick Noland, Chief Operating Officer-Water Resources Others Present: Robin Legg, Director of Fayetteville Partnership Robbie Ferris, Shuller Ferris Johnson & Lindstrom Architects Milt Wofford, PWC Commission Vice Chairman, called the meeting to order at 8:00 a.m. James Rose, Chief Administrative Officer, gave a history of the proposed Public Works Commission Utility Center to be located in the 200 block of Hay Street at the intersection of Hay and Donaldson Streets. Thereafter, Robbie Ferris, of Shuller Ferris Johnson & Lindstrom Architects, gave an overview of the project. Steve Blanchard, PWC General Manager, explained that a decision needed to be made by both the Public Works Commission and the City Council as to whether or not to proceed forward with the project. Robin Legg, Director of the Fayetteville Partnership, expressed the Fayetteville Partnership's support for the project, and that it fit in with the Marvin Plan. She further stated that Fayetteville Partnership had approved this as a demonstration project for downtown revitalization. Steve Blanchard, PWC General Manager, gave a brief report of the request from Hope Mills that the PWC merge the Hope Mills and the PWC's water system, and that the PWC staff was in the process of developing contracts for that purpose, to be presented to both the PWC and the City Council for consideration. Milt Wofford, PWC Commission Vice Chairman, made some concluding remarks and the meeting was adjourned at 8:35 a.m. REGULAR MEETING JULY 21, 1997 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER JULY 21, 1997 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Mark Kendrick (District 6) Absent: Suzan Cheek (District 5) - excused Others Present: Roger L. Stancil, Interim City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Robert Barefoot, Recreation/Community Facilities Director Vera Bell, Solid Waste Mgmt. Director Kai Nelson, Finance Director Ray Britt, PWC Finance Services James Rose, PWC Support Services Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Reverend Tony Legear, Calvary Assembly of God, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins presented Mayor Pro Tem Blackwell and Councilmember Massey with their five-year Service Award Pins. Councilmember Smith presented Mayor Dawkins with a College Lakes All-Stars Baseball cap and made him an honorary member of the College Lakes All-Stars team. Councilmember McBryde moved to excuse Councilmember Cheek, seconded by Councilmember Smith and carried unanimously 8 to 0. 1. APPROVAL OF AGENDA Councilmember Kendrick moved to approve the agenda, seconded by Councilmember McBryde and carried unanimously by a vote of 8 to 0 with Councilmember Cheek excused. 2. CONSENT: Mayor Pro Tem Blackwell asked to clarify Item 7, of the minutes of July 7, 1997, consideration of adoption of resolution requesting the Local Government Commission to approve First Union Capital Markets, Inc., as financial advisor in connection with the issuance of proposed City of Fayetteville, Public Works Commission Revenue Bond Series 1997. Mr. Blackwell stated his intent was to add two sellers and not to create two co-managers. He further stated he would like to discuss this issue when this item was addressed later in the meeting. Councilmember Kendrick requested that the vote be reverified on Item 1.A of the July 7, 1997, minutes. Reconsideration of a portion of the Community Development One Year Action Plan/Budget regarding the Longview Gardens Apartment project. The official minutes will reflect any change and Council will be advised of the change. Councilmember Smith requested to pull Item 2.G. Councilmember Dempster moved to approve the consent agenda with the exception of Item 2.G, seconded by Councilmember Massey and carried unanimously by a vote of 8 to 0 with Councilmember Cheek excused. A. Approve minutes of regular meeting of July 7, 1997. B. Approve minutes of Joint Meeting with PWC held on July 10, 1997. C. Approve tax refund over $100. Taxpayer's Name Nature of Clerical Error Amount Rudy & Edith Phillips Value adjusted per Tax Commission $142.41 D. Award of contract for purchase of one Thermal Imaging System with Transmitter to Custom Fire & Safety (Autryville, NC), sole bidder in the amount of $35,350.00, and waiver of bid procedure and performance bond requirement pursuant to G.S. 143-129. No other bids were received. E. Approve the following Finance matters: 1. Adopt Special Revenue Fund Project Ordinance 98-1 (Juvenile Assessment Center). The Governor's Crime Commission has awarded the City of Fayetteville $75,000 for its Juvenile Assessment Center (the "JAC"). The City of Fayetteville and the County of Cumberland must contribute $12,500 each in the form of a cash match toward this grant. The funds will be used to hire a planning development coordinator and an administrative assistant, to assure a community mobilization and collaboration building, develop a JAC design and implementation plan and to determine information sharing and management information system status and capabilities. 2. Adopt Special Revenue Fund Project Ordinance Close-out 98-1 (Crime Summit). This project was established on November 4, 1996, to develop and implement strategies that would reduce the crime in the Fayetteville MSA by 10 percent annually for the next five years. The project is complete and all revenue ($21,902 from the Governor's Crime Commission and $7,301 match from the Chamber) has been received. 3. Adopt Special Revenue Fund Project Ordinance Close-out 98-2 (Police-Juvenile Restitution Program FY95-96). This project was established on September 18, 1995, to instruct youth in job/life skills which would help build self confidence and improve communication skills. Other purposes included locating community job sites for juveniles who were court ordered to perform community service work. The project is complete and all revenue ($43,958 from NCDHR and $8,792 from Cumberland County) has been received. 4. Adopt resolution designating and authorizing the City of Fayetteville Fund Disbursement and Endorsement. The current resolution regarding authorized signers of City of Fayetteville Fund checks was adopted in November 1978 (copy attached). A little has changed since that time. For instance, the City Clerk no longer is a signatory on original checks. The attached Resolution updates the 1978 resolution by creating two (2) groups of signatures - one group consisting of the City Manager, Finance Director and Deputy Finance Director and the other group consisting of Assistant City Managers. On check requiring two original signatures, the proposed Resolution requires that one of the signers be the City Manager, Finance Director or Deputy Finance Director with the other signer either being another individual from the same group or an Assistant City Manager. RESOLUTION DESIGNATING THE CITY MANAGER, FINANCE DIRECTOR AND DEPUTY FINANCE DIRECTOR AS AUTHORIZED SIGNERS AND ASSISTANT CITY MANAGERS AS DEPUTY AUTHORIZED SIGNERS OF CITY OF FAYETTEVILLE FUND CHECK. RESOLUTION NO. R1997-067. F. Approve award of bid contract for construction of sanitary sewer mains to serve Fayetteville Annexation Phase II-Drake Park to McClam & Associates (Little Mountain, SC), low bidder in the amount of $3,387,182.69. (PWC) Bids received were as follows: McClam & Assoc. (Little Mountain, SC) $3,387,182.69 R.H. Moore Company, Inc. (Murrells Inlet, SC) $3,693,311.33 Atlas Resource Mgt., Inc. (84, PA) $5,412,411.00 G. (Pulled for discussion) 2.G. Adopt resolution of the City Council of the City of Fayetteville pursuant to N.C.G.S. 160A-31(C) fixing a date for a public hearing for a petition-initiated contiguous annexation area (proposed Longview Green Apartments - located on northern side of Longview Drive, approximately 370 feet east of Ramsey Street Property of Longview Green Associates Limited Partnership Murray O. Duggins, General Partner) (Suggested public hearing date: August 18, 1997). Councilmember Smith stated that because of the cloud and doubt that had gone on with this item his constituents asked him not to support anything involved with this issue and therefore he could not support the consent on this item. Councilmember Massey moved to adopt the resolution setting the public hearing, seconded by Mayor Pro Tem Blackwell. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE PURSUANT TO N.C.G.S. 160A-31(C) FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED CONTIGUOUS ANNEXATION AREA. (PROPOSED LONGVIEW GREEN APARTMENTS, LOCATED ON NORTHERN SIDE OF LONGVIEW DRIVE, APPROXIMATELY 370 FEET EAST OF RAMSEY STREET, PROPERTY OF LONGVIEW GREEN ASSOCIATES LIMITED PARTNERSHIP - MURRAY O. DUGGINS, GENERAL PARTNER). RESOLUTION NO. R1997-068. Councilmember McBryde stated the public hearing would give everyone an opportunity to discuss this item. Councilmember Massey stated he felt the City and its staff had met its legal requirements on this issue but he supported the citizens' right to be heard. A discussion was held regarding the subject of the public hearing and what could be discussed during that public hearing. Councilmember Dempster asked Mr. Cogswell for an opinion. City Attorney Robert Cogswell stated he had some concern because there was case law which stated you could not refuse to annex property because it may be developed as low-income housing. He stated to allow people to voice that would put it in the record and could create a problem down the road depending on how the Council voted. Councilmember McBryde stated it was his opinion that if a person signed up for a public hearing they would be able to speak about their feelings if they were opposing the annexation. City Attorney Robert Cogswell stated the only problem would be that it would be in the record. Mayor Dawkins asked if the property would be developed if it were not annexed into the City. Mr. Cogswell stated in the affirmative. Mayor Dawkins called for a vote on the motion and it passed 6 to 2 with Councilmembers Smith and Ross opposed with Councilmember Cheek excused. Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1997. 3. PUBLIC HEARINGS: A. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour in the following areas: 1. Cumberland Heights 2. Savoy Heights Assistant City Manager Jimmy Teal presented this item. This is the advertised public hearing set for this date and time. The public hearing opened at 7:19 p.m. Mr. Roosevelt Washington, 709 Commerce Street, Fayetteville, NC, appeared in favor of reducing the speed limit in the Savoy Heights subdivision. There was no one else present to speak either in favor or opposition and the public hearing closed at 7:20 p.m. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (CUMBERLAND HEIGHTS). ORDINANCE NO. NS1997-020. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (SAVOY HEIGHTS). ORDINANCE NO. NS1997-021. Councilmember Ross moved to adopt the 25 mph speed limit for both areas, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 8 to 0 with Councilmember Cheek excused. A copy of the foregoing ordinances are on file in the City Clerk's office in Ordinance Book NS1997. B. Consideration of adoption of resolution confirming assessment roll and levying assessments for the improvement of the following streets: Councilmember Smith stated he would like to abstain from voting on Item 3.B.1, Eunice Drive Assessment, because this was his street of residence. Councilmember McBryde moved to allow Councilmember Smith to abstain on Item 3.B.1, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 7 to 0 with Councilmember Cheek excused and Councilmember Smith abstaining. Assistant City Manager Jimmy Teal presented the following items: 1. Eunice Drive This is the advertised public hearing set for this date and time. The public hearing opened and closed at 7:25 p.m. There was no one present to speak either in favor or opposition. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1997-069. Councilmember McBryde moved to adopt the resolution, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 7 to 0 with Councilmember Cheek excused and Councilmember Smith abstaining. The assessment lien was approved at 7:26 p.m. 2. Nicky Avenue This is the advertised public hearing set for this date and time. The public hearing opened and closed at 7:27 p.m. There was no one present to speak either in favor or opposition. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1997-070. Councilmember Torrey moved to adopt the resolution, seconded by Councilmember Smith and carried unanimously by a vote of 8 to 0 with Councilmember Cheek excused. The assessment lien was levied at 7:27 p.m. 3. Sherrerd Avenue This is the advertised public hearing set for this date and time. The public hearing opened at 7:28 p.m. There was no one present to speak in favor of the issue. Mr. Don P. Warren, 473 Lennox Drive, Fayetteville, NC, appeared on behalf of his father, Mr. Percy Warren in opposition to the assessment on Parcel No. 0438.08-78-9510. Mr. Warren presented an opinion from Crawford B. MacKethan, Real Estate Appraiser, which stated this parcel had not been benefited from the street paving and therefore should not be subject to the applied street assessment. There was no one else to speak either in favor or opposition and the public hearing closed at 7:35 p.m. City Attorney Robert Cogswell advised that the appraisal should be submitted to the staff for their review. Councilmember McBryde moved to postpone any action on the Sherrerd Avenue assessments, seconded by Councilmember Smith andcarried unanimously by a vote of 8 to 0 with Councilmember Cheek excused. A copy of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1997. C. (P97-28F) Consideration of the rezoning from R10 Residential District to P1 Professional District or to a more restrictive zoning classification for an area located at 3816 Cape Center Drive. Containing .60 acres more or less and being the property of Jane and Hardy Tew as evidenced by deed recorded in Deed Book 4090, Page 604, Cumberland County Registry. Mr. Victor E. Sharpe, Planning Services Manager, presented this item. Mr. Sharpe stated the staff and Zoning Commission recommended denial of the rezoning to P1 and the approval of R6 which would require a Special Use Permit. This is the advertised public hearing set for this date and time. The public hearing opened at 7:40 p.m. Mr. Hardie Tew, Route 8, Box 726, Fayetteville, NC, appeared in favor of the rezoning. Mr. Tew stated he would like to place an adult day care center on the property. He stated he did not want to have to come back and go through a Special Use Permit because of the delay it would create. There was no one further to speak either in favor or opposition and the public hearing closed at 7:50 p.m. Councilmember Kendrick moved to rezone the property to R6, seconded by Councilmember McBryde and carried unanimously by a vote of 8 to 0 with Councilmember Cheek excused. D. (P97-31F) Consideration of the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 5321, 5327, & 5335 Morganton Road. Containing 2.70 acres more or less and being the property of Dorothy E. Spleen; Jamie Jamison Fulghum, Trustee; and Jessie S. Brisson respectively as evidenced by deed recorded in Deed Books 1173, page 225; 4042, page 200; and 621, page 281 respectively, Cumberland County Registry. Mr. Victor E. Sharpe, Planning Services Manager, presented this item. Mr. Sharpe stated the staff and Zoning Commission recommended denial of the P2 zoning request. This is the advertised public hearing set for this date and time. The public hearing opened at 7:59 p.m. Mr. Steven J. O'Connor, 214 Mason Street, Fayetteville, NC, appeared on behalf of the applicants. He stated his legal opinion that this action would not constitute spot zoning and asked for approval of the rezoning request. There was no one else present to speak in favor. Appearing in opposition to the rezoning and in favor of neighborhood preservation was Mr. R. B. Stone, 115 Old Gate Road, Fayetteville, NC, and Mr. Hubert A. Noble, 111 Hearthstone Drive, Fayetteville, NC. There was no one else present to speak either in favor or opposition and the public hearing closed at 8:20 p.m. Council member Dempster moved to deny the request, seconded by Councilmember McBryde and carried unanimously by a vote of 8 to 0 with Councilmember Cheek excused. E. (P97-34F) Consideration of revisions and amendments to the Fayetteville Code of Ordinances, Chapter 32, Zoning, Article IV, Section 32-24(6) to be deleted in its entirety and Section 32-22(3) added to read: bed and breakfasts upon and after obtaining a Special Use Permit to be issued by the City Council upon recommendation of the zoning agency after public hearings as required for amendment to this chapter. Assistant City Manager Jimmy Teal presented this item. Mr. Teal stated the Planning Commission recommended approval of the amendment. A discussion was held regarding ownership and owner occupancy of this type of premise. Councilmember Kendrick requested an addition to the ordinance that an owner of at least 50 percent interest in the property on which the Bed & Breakfast was located would be domiciled on the premises. This is the advertised public hearing set for this date and time. The public hearing opened at 8:37 p.m. Mr. Greg Byrd, 206 Rowan Street, Fayetteville, NC, appeared in favor of this item. There was no one else present to speak either in favor or opposition and the public hearing closed at 8:40 p.m. AN ORDINANCE OF THE CITY COUNCILl OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 32, ZONING, SECTION 32-24(6), OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1997-011. Mayor Pro Tem Blackwell moved to adopt the amendment to Chapter 32, with the addition of the ownership language on 50 percent, seconded by Councilmember Smith and carried by a vote of 6 to 2 with Councilmembers Massey and Dempster in opposition and Councilmember Cheek excused. F. Consideration of adoption of an ordinance to extend the corporate limits of the City of Fayetteville, N.C. (Petition-initiated contiguous annexation area) (Bain Property - located on northern side of Raeford Road, west of Loyd Auman Elementary School and east of Trinity United Methodist Church). Interim City Manager Roger Stancil presented this item. This is the advertised public hearing set for this date and time. The public hearing opened at 8:45 p.m. Mr. Gene Hodges, 505 Levenhall Drive, Fayetteville, NC, appeared in favor of the annexation. There was no one else present to speak either in favor or opposition. The public hearing closed at 8:46 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (BAIN PROPERTY, LOCATED ON THE NORTHERN SIDE OF RAEFORD ROAD, WEST OF LOYD AUMAN ELEMENTARY SCHOOL AND EAST OF TRINITY UNITED METHODIST CHURCH). ANNEXATION ORDINANCE NO. 97-07-421. Councilmember McBryde moved to approve the annexation and adopt the ordinance, seconded by Councilmember Smith and carried unanimously be a vote of 8 to 0 with Councilmember Cheek excused. A copy of the foregoing ordinance is on file in the City Clerk's office in Annexation Book 1997. 4. Consideration of request for cable franchise renewal proposal for the City of Fayetteville, Cumberland County, Fort Bragg and Pope Air Force Base. Mr. Don Williams, of Rice Williams Associates, presented a summary of the Fayetteville area cable joint consortium's major requirements which are to be submitted to Time Warner Cable in a request for a renewal proposal. Mr. Williams stated this was not a competitive renewal because by Federal Law it can only go to the current franchise owner, who is Time Warner Cable. Mr. Williams reviewed the following items to be submitted in the RFRP: 1. Subscriber network 2. Consumer services 3. Access channels 4. City and County joint requirements 5. Community information and education access 6. Educational access 7. Institutional network 8. Franchise fee A discussion was held regarding a School Board channel, Methodist College's access, comparison of the current cable system with the new system being requested, and technical updating and costs. Interim City Manager Roger Stancil requested the Council to approve the request for a renewal proposal to be submitted to Time Warner. He stated the County Commissioners would also be approving the same proposal. A discussion was held regarding the cost to subscribers. Mr. Spencer of Time Warner stated the cost of services that have been requested would be factored into the subscribers' rates, because any add-ons resulting from the Franchise requirements would increase their costs for providing services. He explained that in accordance with Federal Regulations, any additional cost to Time Warner can be charged and ultimately the cost would be passed on to the subscriber. Councilmember Kendrick inquired as to whether the Council would be able to approve the Cablevision rate. Mr. Spencer stated that the Council would set the rate by the amount of services requested, to be provided by Time Warner as a part of the franchise agreement. A discussion was held regarding the possibilities of other companies being allowed to service the Fayetteville area. Councilmember Kendrick moved to approve the RFRP to include standard RFP information, seconded by Councilmember Smith, and carried by a vote to 8 to 0 with Councilmember Cheek excused. 5. Updates on PWC billing cycles. (Requested by Councilmember Milo McBryde.) Councilmember McBryde asked the PWC staff to address the issue of people who are being drafted or billed more than once a month. Mr. Stephen D. Vassey, Customer Services Manager, explained that there had been an overlap of bills during May, but beginning with the July billing cycle there would be no double billing of customers. Mr. Vassey explained that no payment would be delinquent until 21 days from the date of billing. The delinquent date was being used as a reminder that 7 days were left between the delinquent date and the actual final payment date. A discussion ensued and Mr. Vassey stated in response to Councilmember McBryde that no one would be billed or drafted twice a month. 6. Consideration of issues related to containerization of yard waste. (Requested by Councilmember Thelbert Torrey) Councilmember Torrey expressed his concern about the elderly, poor, and the poor working class citizens having to pay for a roll-out garbage cart. He inquired about CBDG funds being used for the purchase of these carts. Mr. Stancil explained that citizens do not have to buy a cart. They could use their current cart if they choose to do so. Mr. Torrey requested that citizens be notified of the fact that they do not have to purchase an extra roll-out cart. Mr. Stancil stated that this would be done. Councilmember Massey inquired about the use of CBDG funds as an alternative method for purchasing these carts. Mr. Stancil responded to Mr. Massey's inquiry, and stated that Council could direct the use of CBDG funds for this purpose because they have the authority to determine how these funds are used. Mr. Stancil stated that qualifications for these funds would depend on the income level of families. Councilmember Torrey moved to have the staff look into the funding of CBDG funds to assist the elderly and working poor with earnings from $4,500 to $8,400 in the purchase of roll-out carts for their debris, seconded by Councilmember Ross and carried by unanimously by a vote of 8 to 0 with Councilmember Cheek excused. 7. Consideration of establishing an allocation of bonds among the underwriters for the City of Fayetteville, Utility System Revenue Bonds, Series 1997. Interim City Manager Roger Stancil presented this item. Mr. Stancil stated that the City's financial advisor had recommended the allocation of bonds to what he understood to be a request from Craigie/BB&T and Jackson Securities to be co-managers with the allocations of bonds to be 20 percent for Craigie and 10 percent for Jackson Securities. Mr. Stancil stated that if the Council had a change in their request, then a different kind of action would be required, because the Council's previous action had been to make Craigie and Jackson Securities co-managers. Mayor Pro Tem Blackwell stated his intent was to bring more sellers to the table because it was his understanding that the Local Government Commission wanted more players involved. A discussion was held regarding the procedures used in this type of transaction. Mr. Kai Nelson, Finance Director, explained the functions of a co-manager and a seller. He explained the effect that additional parties would have on allocating the percentage of bonds for selling purposes. Mr. Stancil stated that if Council wanted to make Craigie/BB&T and Jackson Securities members of the selling unit, then the resolution naming them as co-managers would need to be rescinded and further action would not have to be taken until after the consultation with the Local Government Commission. Further discussion was held. Councilmember Dempster moved to go ahead and do what had been approved and leave Craigie/BB&T and Jackson Securities as co-managers with the split being 70 percent for Smith Barney/Robinson-Humphrey, 20 percent for Craigie/BB&T, and 10 percent for Jackson Securities. Mr. Massey seconded the motion and the motion carried by a vote of 5 to 3, with Councilmembers McBryde, Blackwell, and Kendrick opposed with Councilmember Cheek excused. 8. Consideration of concept for development of 200 block of Hay Street. Interim City Manager Roger Stancil presented this item. Mr. Stancil stated he would like Council to approve this concept which would mean that: (1) PWC would proceed with the design of this project to include the City-owned land in the 200 block of Hay Street as a part of the project, (2) The design would be coordinated by Fayetteville Partnership and the City staff and returned to Council for approval, (3) The City staff would proceed with moving the Transit Transfer Station off of Hay Street onto Franklin Street and Council would be informed of its progress, and (4) PWC would come back with the construction plans for their administrative complex. A discussion ensued regarding using three super bus stops versus one transfer station, and the cost estimates of these changes to include consequences of Federal monies and removing buses off of Hay Street. Councilmember McBryde moved to adopt the concept, seconded by Councilmember Kendrick and carried unanimously by a vote of 8 to 0, with Councilmember Ross excused. Mayor Dawkins requested to do Item 11, a closed session for the purpose of discussing litigation. Councilmember Kendrick moved to go into closed session, seconded by Mayor Pro Tem Blackwell, and carried unanimously by a vote of 8 to 0 with Councilmember Cheek excused. The Council went into closed session for the purpose of discussing litigation. The regular session resumed. 9. APPOINTMENTS: A. Board of Appeals on Dwellings and Buildings - election of nominee to fill one vacancy. Councilmembers Dempster requested to nominate Anne Hooker. Mayor Dawkins called for the vote, and Ms. Hooker was appointed to her first term. B. Fayetteville Board of Adjustment - election of nominee to fill one vacancy for alternate position. Mr. Gary Mendelsohn was elected to fill the vacancy for the alternate position. C. City Planning Commission - election of nominees to fill four vacancies. 1. Mr. Charles Atrike was reappointed to a second term of two years. 2. Mr. Jack Cox was appointed to a first term of two years. 3. Mr. Marshall Faircloth was reappointed to a second term of two years. 4. Mr. Jack Field Justice was appointed to a first term of two years. D. City Zoning Commission - election of nominees to fill two vacancies. Councilmember McBryde withdrew his nomination of Cheri Beasley and stated that Ms. Beasley was no longer a resident of the City. Councilmember Smith nominated Lois Owens for the nomination created by the withdrawal. The following appointments were made: (1) Lois P. Owens was appointed to a first term of two years and (2) Mr. Thomas Council appointed to a first term of two years. E. Taxicab Review Board - election of nominees to fill two vacancies. 1. Mr. Robert L. McLaurin was appointed to a first two year term. 2. Mr. Louise Warren was appointed to a second two year term. 10. ADMINISTRATIVE REPORTS: A. Report on design for Council seating. Mayor Pro Tem Blackwell moved to approve, seconded by Councilmember Smith and carried unanimously by a vote of 8 to 0 with Councilmember Cheek excused. Councilmember Kendrick asked staff to look into placing microphones on the staff table in order to avoid the activity of getting up and down. B. Report on HUD funding decisions. Interim City Manager Roger Stancil stated the staff was looking for a better way to keep the community and City Council better informed about what is going on with the Community Development Block Grant Funds. Mr. Stancil stated public hearing notices will be more detailed in the future, signs will be placed on property that will be effected by like projects, and the Council would be brought into the picture earlier for their direction to staff. Councilmember Smith stated his concern regarding the Longview Project. Mr. Smith stated that he felt bad, the neighbors were not given a chance to voice their opinions about the project, and he had voted in good faith believing that they had been informed. Councilmember Smith apologized to District 1 for not doing a better job. Councilmember Smith requested that neighborhood studies be done prior to an approval of a project of this type in order to ensure that one neighborhood is not overburdened with subsidized housing. Mr. Smith further stated that the City needed to do a better job of listening to what is going on and get more public input. Councilmember Massey stated there should be a good cross-section of this type of housing, and it should be spread throughout the City. Councilmember Dempster stated he had a problem with the fact that at the neighborhood meeting seven Councilmembers supported letting the citizens speak to voice their opinions, and then did not do anything to let it happen. Mr. Dempster stated that this was not a positive reflection on City government. C. Report on Kingdom Development Project on Wilmington Road. (Requested by Councilmember Ida Ross.) D. Report on animal control. Councilmember Kendrick requested that background work be done, and information be brought back to Council regarding the number of calls received by the City Police Department and the number of responses. Mr. Stancil stated he would like to have it back by mid-August. E. Report on management of economic development and discussions with Fayetteville Partnership. Interim City Manager Roger Stancil requested to defer this item until the August Information Meeting. F. Discussion of Council goal setting retreat. 11. Request for closed session for discussion of litigation. INFORMATION ITEMS: 1. Thank you note from the family of Sam Johnson. 2. Letter from HUD approving FY 97 Annual Action Plan and information on award of grants. 3. Statement of taxes collected for the month of June 1997 from the Cumberland County Tax Collector. 1996 Taxes 62,648.43 1996 Vehicle Taxes 150,321.77 1996 Rev 39.03 1996 Vehicle Rev 60.18 1996 FVT 19,060.00 1996 Storm Water 4,860.63 1995 Taxes 7,381.96 1995 Vehicle Taxes 1,204.77 1995 Revit 6.63 1995 Vehicle Revit 0.00 1995 FVT 180.00 1995 Storm Water 916.87 1994 Taxes 4,599.80 1994 Vehicle Taxes 170.79 1994 Revit 0.00 1994 Vehicle Revit 0.00 1994 FVT 45.00 1993 Taxes 624.58 1993 Vehicle Taxes 88.87 1993 Revit 0.00 1993 Vehicle Revit 0.00 1993 FVT 30.00 1992 And Prior Taxes 7,205.70 1992 And Prior FVT 226.75 1992 And Prior Revit 0.00 Interest 11,043.55 Interest (Revit) 3.97 Interest (Storm Water) 421.06 Fayetteville Discount 0.00 Revit. Discount 0.00 Total Collections 273,140.34 4. Report of tax refund less than $100. Taxpayer's Name Description Amount Cameron H. Easton Value adjusted per Tax Commission 87.11 5. Update on traffic signal at Robeson and Levy. 6. Report on traffic signal at Village Drive and Metromedical Drive. 7. Update on flooding on Glenwick/Evergreen area. 8. Appearance Commission - minutes of May 27, 1997. 9. Historic Resources Commission - minutes of May 20, 1997. 10. Planning Commission - minutes of June 3 and June 17, 1997. 11. Zoning Commission - minutes of May 13 and June 10, 1997. 12. Police Department - monthly report from Office of Professional Standards for June 1997. 13. PWC - minutes of June 25, 1997. 14. FACVB - minutes of June 12, 1997. 15. FAEDC - minutes of May 20, 1997. Councilmember Kendrick moved to adjourn the meeting, seconded by Councilmember Smith and the motion carried unanimously with Councilmember Cheek excused. There being no further business, the meeting adjourned at 11:12 p.m. INFORMATION MEETING JULY 28, 1997 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER JULY 28, 1997 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Absent: Ida Ross (District 2) - excused Others Present: Roger L. Stancil, Interim City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by City Attorney Robert C. Cogswell Jr., followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Mayor Pro Tem Blackwell moved to excuse Councilmember Ross, seconded by Councilmember Smith and carried unanimously by a vote of 8 to 0. Councilmember Kendrick asked to be excused from the August 4, 1997, meeting. Councilmember Cheek moved to excuse Councilmember Kendrick from the August 4, 1997, meeting, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 8 to 0 with Councilmember Ross excused. RECOGNITION: 1. APPROVAL OF AGENDA Councilmember Smith moved to approve the agenda, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 8 to 0 with Councilmember Ross excused. 2. PUBLIC HEARINGS: A. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour on Westmont Drive. Assistant City Manager Jimmy Teal presented this item. Mr. Teal stated the staff recommended reducing the speed limit to 25 miles per hour, and to conduct a two month follow-up speed study as a Level 1 Traffic Calming Measure. Mr. Teal stated studies confirm that periodic enforcement of reducing the speed limit would change the speeding problem significantly, and if the speeding problem still exists after the follow-up study, he would recommend other alternative solutions as a traffic calming measure. This is the advertised public hearing set for this date and time. The public hearing opened at 7:12 p.m. Mr. Grayson Carter, 508 Westmont Drive, Fayetteville, North Carolina, appeared in favor. There was no one else present to speak either in favor or opposition. The public hearing closed at 7:13 p.m. A discussion was held regarding the other types of traffic calming devices that could be used if the speed limit reduction did not work. Councilmember Cheek requested that flashing caution lights be used to alert the drivers of the speed limit change. Councilmembers Torrey and Massey expressed their concern about starting a precedence with the flashing yellow light. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1997-022. Councilmember McBryde moved to approve the 25 mile per hour speed limit to be effective August 8, 1997, seconded by Councilmember Smith. The motion carried unanimously by a vote of 8 to 0 with Councilmember Ross excused. A copy of the foregoing ordinance is on file in the City Clerk's Office in Ordinance Book NS1997. B. Consideration of the Base Reuse Plan and Homeless Assistance submission for the property located at 333 Ray Avenue, former USO building. Interim City Manager Roger Stancil presented this item. Mr. Stancil stated that the Federal Government must advertise the property as surplus in the Federal Register and the local newspaper. The next step, the Local Redevelopment Authority, which in this instance is the City Council, must advertise and make the property available to Homeless Assistance Providers as well as hold a workshop with the providers. Mr. Stancil stated three providers had called in response to the advertisement and two had attended the workshop. No one had submitted a notice of interest by the required June 30, 1997, deadline. Mr. Stancil stated the public hearing set for tonight is the next step before submission of the final package to HUD and DOD for approval. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition. The public hearing opened and closed at 7:26 p.m. Councilmember Smith moved to approve, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 8 to 0 with Councilmember Ross excused. 3. Consideration of adoption of resolution in support of the nomination of General Hugh Shelton as Chairman of the Joint Chiefs of Staff. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE SUPPORTING GENERAL HUGH SHELTON FOR NOMINATION AS CHAIRMAN OF THE JOINT CHIEFS OF STAFF. RESOLUTION NO. R1997-071 Councilmember Cheek moved to adopt the resolution, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 8 to 0 with Councilmember Ross excused. A copy of the foregoing resolution is on file in the City Clerk's Office in Resolution Book R1997. 4. Presentation by team leaders of Council Goal Management teams. Interim City Manager Roger Stancil presented this item. He stated this was the first quarterly update of the Council's Goal Management Teams. The following presentations were made: 1. The Economic Development Team plan was presented by Mr. Curtis Hancock. 2. The Customer Service Team plan was presented by Ms. Renee Burks. 3. The Infrastructure Planning Team plan was presented by Ms. Lisa Smith. 4. The Neighborhood Quality and Appearance Team plan was presented by Mr. Michael McNair. Councilmembers thanked the team leaders for their thorough reports and professional presentations. Councilmembers Massey and Cheek requested that in the future they would prefer to have this type of information in advance in order that Council may participate in the developments of the plans. 5. Discussion of annexation project in the Drake Park/Evergreen subdivision. Assistant City Manager Jimmy Teal presented this item. Mr. Teal introduced Mr. Chuck Donnell, Engineer, The Rose Group. Mr. Donnell gave an overview of the project, a report on the Wet Land Permit issues, the recommendation of The Rose Group regarding the permit issue, and an estimate of the cost involved. Mr. Donnell stated the construction cost of all the improvements including water, sewer, streets, and storm drainage will be approximately $11,000,000. He stated the reduction from eliminating the hard improvements would be $200,000, the mitigation fee would be $225,000 for a savings to the City of approximately $400,000. Mr. Donnell recommended the City set aside $354,000 for the permit. Councilmember Dempster expressed his concerns about the erosion problems created by merging two channels into one channel. Mr. Donnell stated the channel would be adequate for the water flow. Councilmember Kendrick expressed his concerns about doing away with the maintenance easement, and the flow of the water from the Buckhead Creek area across from Morganton Road. Mr. Gordon Rose stated a study of the entire Buckhead area had been done and the overflow could be handled. Assistant City Manager Jimmy Teal stated the Storm Water Advisory Board was currently revising the Storm Water ordinance and this would help with the problem. Mr. Teal also stated that a creek cleaning crew had been set up to clean out the creek debris. Councilmember Torry inquired about the septic tanks in the area. Mr. Donnell stated there would be no need for septic tanks. Mayor Pro Tem Blackwell inquired as to whether this cost had been anticipated prior to the annexation. Mr. Teal stated the City had anticipated a problem but not to the magnitude it has become. He stated the funds would come out of the bond funds and would affect other projects in the amount of approximately $300,000. Mayor Pro Tem Blackwell asked for an estimate of time for the project to be completed. Mr. Rose stated the bids have been opened for Evergreen and Drake Park. Interim City Manager Stancil stated that he wanted to restate that funds had been set aside and were available for this project. However, he felt the time had come for serious discussions to be held with the County Commissioners regarding the quantity issue of storm drainage, and he had been in touch with Mr. Strassenburg regarding this matter. 6. Discussion of Transportation Improvement Program (TIP) process. Interim City Manager Roger Stancil presented this item. Mr. Stancil stated he was not asking for any formal action, but he wanted to inform Council that it was time to consider the projects that they wanted to recommend. Mr. Stancil asked for guidance from the Council as to the action staff should be taking. He stated that the deadline for the final action was August 25, 1997. Councilmember Torrey expressed his concerns about County funds not being used for streets and roads in Cumberland County. Mr. Stancil stated that in North Carolina only cities and the state have the authority and responsibility for streets and roads. Councilmember Cheek moved to place this item on the agenda for the August 4, 1997, meeting for discussion, seconded by Councilmember Kendrick and carried unanimously by a vote of 8 to 0 with Councilmember Ross excused. 7. Consideration of setting meeting for presentation of report from Cheryl Grant. Interim City Manager Roger Stancil stated that Ms. Grant would be able to come on August 11, 1997, to present her report in its entirety. A discussion was held regarding a date all Councilmembers could be present, whether an advanced copy of this summary could be made available to the Council, and the timeliness of the report. Mr. Stancil informed the Council that the report was their property and they could do with it whatever they wanted to do. Councilmember Cheek moved that the Summary of Findings scheduled for presentation at this meeting be faxed to the Council tomorrow, seconded by Councilmember Kendrick. City Attorney Robert C. Cogswell, Jr., advised the Council that when the document went to the Council it would become a public document except for any portion an employee had given permission for only the Council and/or Ms. Grant to see. A discussion followed. Councilmember Massey made a substitute motion to schedule a meeting for August 11, 1997, with Ms. Grant presenting the full report to all Councilmembers present. Mr. Massey stated that if a Councilmember could not be present he could obtain the report through a method of his choice. The motion was seconded by Councilmember Torrey. After discussion Mayor Dawkins called for a vote on the substitute motion and the substitute motion was defeated by a vote of 2 to 6 with Councilmembers Massey and Torrey in favor and Councilmembers Kendrick, McBryde, Smith, Blackwell, Cheek and Dempster opposed. Mayor Pro Tem Blackwell made a substitute motion that the full Council be present August 25, 1997, to receive the full report from Attorney Grant, seconded by Councilmember Jim Smith. An in-depth discussion was held. Mayor Pro Tem Blackwell withdrew his motion. Councilmember Dempster restated the motion, seconded by Councilmember Massey. Mayor Dawkins called for a vote on the substitute motion and it passed by a vote of 5 to 3 with Councilmembers Torrey, Smith, Blackwell, and Dempster in favor and Councilmembers Kendrick, McBryde, and Cheek in opposition and Councilmember Ross excused. Discussion was held on the billing status of Ms. Grant's fee and expenses with specific questions regarding the travel expenses. Mr. Stancil stated the contract stated a firm cap of $50,000 and travel was to be paid outside the $50,000 cap. Councilmember Dempster inquired about the payment of additional funds and asked to clarify whether an agreement had been made to pay the additional funds of $20,000 to $25,000 which were reported in Mr. Stancil's memo. Mr. Stancil stated there had not been a request for any funds and the City had not implied that any additional funds would be paid. Mr. Dempster asked if there was any way Ms. Grant could be paid additional funds without it coming before the Council. Mr. Stancil stated no funds could be paid without Council's approval. A discussion was held regarding the air travel expense. Councilmember Smith stated the associate's air travel was included within the $50,000 cap. Mr. Stancil replied he did not know if that was clear. He stated that the Council could make the contract clear, because it was their contract. Mr. Stancil also stated that it was his opinion that the way the contract read the travel expenses were not included within the $50,000 cap and if he were to interpret the contract he would say it could potentially be taken to mean that the associate's travel could be paid outside the $50,000. Mr. Stancil stated that he would pay the associate's travel outside the $50,000 without other interpretation by Council. Mayor Dawkins instructed Mr. Stancil to come to Council if any bills were received and no funds were to be paid to Ms. Grant. 8. Consideration of setting meeting with Roger Scott, Municipal Advisors Incorporated, to review applications for City Manager position. Mayor Dawkins presented this item. A discussion was held regarding the availability of Council to meet with Mr. Scott for the viewing of the video tapes of City Manager candidates. Councilmember Smith moved to have the Mayor contact Mr. Scott for a meeting to be held August 18, 1997, seconded by Mayor Pro Tem Blackwell. The motion passed by a vote of 5 to 3 with Councilmembers Cheek, McBryde, and Kendrick in opposition and Councilmember Ross excused. A discussion was held as to the process that would be used for the interviews. Councilmember Cheek expressed her opposition to making this decision prior to new Councilmembers being in place in December. Further discussion was held regarding the public viewing of the video presentation. Councilmember Dempster requested information on the candidates prior to viewing their videos. Councilmember Cheek stated she felt there should be more research done before making a public statement about viewing the videos. 9. ADMINISTRATIVE REPORTS: A. Update on Street Lighting Program (wash and relamp) B. Resurfacing and pavement marking changes on Morganton Road. C. Report on code enforcement of downtown buildings. Interim City Manager stated the proposed ordinance would increase the standards of the properties in the Historic District. Councilmember Kendrick moved to refer this item to the Planning Commission for their review, seconded by Councilmember Cheek. Councilmember McBryde offered a friendly amendment to the motion that the ordinance be more restrictive in the colors and styles and he would like to have the Appearance Commission look at the ordinance also. The motion carried by a vote of 8 to 0 with Councilmember Ross excused. Councilmember Jim Smith moved to adjourn the meeting, seconded by Councilmember Kendrick. The meeting was adjourned at 10:10 p.m. REGULAR MEETING AUGUST 4, 1997 FAYETTEVILLE CITY COUNCIL AGENDA REGULAR MEETING AUGUST 4, 1997 7:00 P.M. CITY HALL COUNCIL CHAMBER Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2);Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5) Absent: Mark Kendrick (District 6) - excused Others Present: Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Victor Sharpe, Planning Division Manager Frank Simpson, Inspection Director (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Dr. Glen Holt, Pastor of the First Baptist Church of Fayetteville, followed by the Pledge of Allegiance to the American Flag, which was led by Boy Scout Troop 957, which was sponsored by the Manna Church. RECOGNITION: 1. APPROVAL OF AGENDA City Attorney Robert C. Cogswell, Jr., requested to remove Item 2.C. from the agenda. Assistant City Manager Ben Brown requested to remove Item 5 from the agenda. Mr. Brown stated this item would be scheduled for a later date. Councilmember McBryde moved to approve the agenda with the exceptions of Items 2.C. and 5, seconded by Councilmember Massey and carried unanimously by a vote of 8 to 0 with Councilmember Kendrick excused. 2. CONSENT: Councilmember Torrey moved to approve the consent agenda, seconded by Councilmember Smith and carried unanimously by a vote of 8 to 0 with Councilmember Kendrick excused. The following items were approved: A. Set public hearing for September 2, 1997, to consider the closing of portions of Eufaula and Irene Streets. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE PORTIONS OF EUFAULA STREET AND IRENE AVENUE. RESOLUTION NO. R1997-072. B. Approve advertisements for sealed bids for the sale of City owned tract of land located on the south side of Smith Street. RESOLUTION AUTHORIZING THE ADVERTISEMENT FOR SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1997-073. C. THIS ITEM WAS REMOVED FROM THE AGENDA. D. Adopt resolutions authorizing condemnations of storm drainage easement on Comet Circle,Parcels S-1 and S-2. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1997-074. E. Adopt resolution authorizing condemnation of storm drainage easement on parcel located at the northwest corner of Raeford Road and Bunce Road. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1997-075. F. Approve awards of contract for purchase of miscellaneous sports equipment to Coleman Sporting Goods, Inc., (Fayetteville, NC), and awards of continuing contracts through June 1999 in the amount of $18,588.85. There were no other bids. G. Approve acceptance of a pending grant offer from the Federal Aviation Administration and authorizing the Mayor to execute the Grant Agreement. (Taxiway "K" and interior access road) H. Approve the following Public Works Commission matters: 1. Award contract for purchase of 50,000' of 1/0 ALCN EPR 25KV 1/C Cable to Rigby Electric Supply (Rocky Mount, NC),low evaluated bid meeting specifications in the amount of $80,750. Bids were received as follows: Rigby Electric (Rocky Mount, NC) $80,750.00 WESCO (Raleigh, NC) $72,450.00 Power & Tel. (Knoxville, TN) $82,500.00 Scott-Parish (Wake Forest, NC) $76,917.50 Power Supply (Matthews, NC) $75,242.50 2. Award contract for purchase of 150 additional 25KVA CSP Transformers from Ermco c/o National Transformer sales. (Original bid awarded June 11, 1997; bid documents provided for purchase of additional units within a one-year period in the amount of $87.450. Bids were received as follows: C/O National Transf. (Raleigh, NC) $ 87,450.00 HESCO (Smithfield, NC) $ 96,600.00 Power Supply (Matthews, NC) $ 92,475.00 Rigby Electric (Rocky Mount, NC) $ 94,800.00 WESCO (Raleigh, NC) $ 97,650.00 Scott-Parish (Wake Forest, NC) $ 93,600.00 Kuhlman (Versailles, KY) $ 96,000.00 Eastern Electric (Rocky Mount, NC) $143,571.00 3. Adopt PWC Capital Project Budgets for the following: a. Uptown Revitalization Fund b. Annexation Phase III Capital Project Fund] Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1997. 3. PUBLIC HEARINGS: A. (P97-36F) Consideration of the initial zoning to C1P Shopping Center District or to a more restrictive zoning classification (subject to completion of annexation) for an area located on the north side of Raeford Road, west of School Road. Containing 12.55 acres more or less and being the property of Oneida B. Bain as evidenced by map and legal description furnished by the City of Fayetteville, being all of proposed Annexation Ordinance Number 97-07-421, and being scheduled for annexation by the City of Fayetteville, effective July 21, 1997. Mr. Victor Sharpe, Planning Division Manager, presented this item. Mr. Sharpe stated that both the staff and Zoning Commission recommended approval of the rezoning as is consistent with City Council's policy to zone to the most similar municipal zoning district for property annexed into the City. This is the advertised public hearing set for this date and time. The public hearing opened at 7:15 p.m. Mr. Gene Hodges, 505 Levenhall Road, Fayetteville, NC, appeared in favor. Mr. David L. Maxwell, 6974 Raeford Road, Fayetteville, NC, appeared on behalf of Trinity United Methodist Church. He stated he was opposed to the rezoning. Mr. Rickey Marlowe, 6744 Foxberry Road, Fayetteville, NC, also appeared in opposition. There was no one further to speak either in favor or opposition, and the public hearing closed at 7:19 p.m. Councilmember McBryde moved to follow staff and Zoning Commission recommendations to zone the property to C1P. Councilmember Cheek seconded the motion, and the motion carried unanimously by a vote of 8 to 0 with Councilmember Kendrick excused. 4. (P97-35F) Consideration of the rezoning from P1 Professional District to C1 Local Business District or to a more restrictive zoning classification for an area located at 1818 Murchison Road. Containing .17 acres more or less and being the property of Thomas and Jeannette Council as evidenced by deed recorded in Deed Book 4664, Page 433, Cumberland County Registry. Mr. Victor Sharpe, Planning Division Manager, presented this item. Mr. Sharpe stated the Zoning Commission recommended approval and the Planning Staff recommended denial. Councilmember Torrey moved to set a public hearing for September 15, 1997, seconded by Councilmember Smith and carried by a vote of 7 to 1 with Councilmember Ross in opposition and Councilmember Kendrick excused. 5. Consideration of request to address City Council from Levi Montgomery. This item was removed by Assistant City Manager Ben Brown. 6. Consideration of application for designation as a "Certified Local Government" for historic preservation programs. Assistant City Manager Jimmy Teal presented this item. Mr. Teal requested the Council to authorize the Mayor to execute the application which could result in making the City of Fayetteville eligible for grants for downtown development. Councilmember McBryde moved to approve the application, seconded by Councilmember Smith and carried unanimously by a vote of 8 to 0 with Councilmember Kendrick excused. 7. Consideration of amendments to Section 20-219(b) of the Fayetteville City Code regarding abandoned and derelict vehicles where property owner does not own the vehicle. City Attorney Robert C. Cogswell, Jr., presented this item. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 20-219, VIOLATIONS, OF THE CODE OF ORDINANCES OF THE CITY Of FAYETTEVILLE, NORTH CAROLINA. ORDINANCE NO. S1997-012 Councilmember McBryde moved to adopt the ordinance, seconded by Councilmember Massey and carried unanimously by a vote of 8 to 0 with Councilmember Kendrick excused. A copy of the foregoing ordinance is on file in the City Clerk's Office in Ordinance Book S1997. 8. Discussion of Transportation Improvement Program. Assistant City Manager Jimmy Teal presented this item. A discussion was held with the Council recommending the following projects be presented for consideration: (a) An Intelligent Transportation System in the mall area. (b) Repair of all railroad crossings, particularly on Hay Street and Franklin Street. (c) Provide bicycle accommodations and sidewalks, particulary in the Blanton Road area. (d) Addition of a dual left lane onto Grove Street at the Eastern Boulevard and Grove Street intersection. (e) Intersection Project at the Cliffdale-Morganton Road intersection on the East side, and a project on the West Side to the All American Expressway. Mr. Teal stated that he would bring back a resolution with the recommendations for Council's approval on August 18, 1997. 9. Consideration of a warning device (blinking light) to alert motorists of a speed limit reduction. Assistant City Manager Jimmy Teal presented this item. Mayor Pro Tem Blackwell moved to approve the speed limit signs with the flags attached, seconded by Councilmember Dempster and carried unanimously by a vote of 8 to 0 with Councilmember Kendrick excused. Councilmember Torrey moved to excuse Councilmember Smith from the meeting, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 7 to 0 with Councilmember Smith abstaining. Councilmember Smith left the meeting at this time due to a death in his family. 10. Report from City-County Liaison Committee and consideration of items for referral to the Committee. Mayor Pro Tem Blackwell stated that he had no report and the agenda from the last meeting would be continued to the upcoming meeting. INFORMATION ITEMS: 1. Report on change in Closed Meetings law. 2. Report on downtown projects. Councilmember Cheek requested that information on the Railroads be provided in the progress report on the downtown projects on a monthly basis. 3. Copy of letter in support of state funding for projects. 4. Fayetteville Partnership - minutes of Board of Director's meeting of June 4, 1997. 5. FAEDC - 4th Quarter Report (FY 7-1-95 to 6-30-97). 6. Appearance Commission - minutes of June 24, 1997. 7. Historic Resources Commission - minutes of June 24, 1997. 8. PWC - minutes of July 9, 1997. Councilmember McBryde moved to adjourn the meeting, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 7 to 0, with Councilmembers Kendrick and Smith excused. There being no further business, the meeting adjourned at 8:05 p.m. REGULAR MEETING AUGUST 18, 1997 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER AUGUST 18, 1997 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: Roger L. Stancil, Interim City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Craig Hampton, Administrative Services Director Kai Nelson, Finance Director Robert Barefoot, Recreation/Community Facilities Director Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Reverend Marcia Fuson, First Christian Church, Disciples of Christ, on Fort Bragg Road. Mayor Dawkins led in the Pledge of Allegiance to the American Flag. 1. APPROVAL OF AGENDA City Attorney Robert C. Cogswell, Jr., informed Council he had received a written request from the petitioner in Item 3 A to withdraw his annexation petition. Mr. Cogswell stated the Supreme Court has held that when an owner withdraws a voluntary petition for annexation, a city has no more jurisdiction to annex and therefore the public hearing could not be held. Mr. Cogswell recommended that Item 3 A be removed from the agenda. A discussion was held regarding the consequences of the withdrawal, and whether there was a limit of times a petition could be submitted and withdrawn. Mr. Cogswell stated that at this time Council does not have a policy regarding the number of times a petition can be submitted. In response to a question regarding the authority of the City over this project since it has been withdrawn Interim City Manager Roger Stancil stated in the development standards when the municipal influence area concept is in place and this particular project would be in the municipal influence area, then the project must meet the standards of the City, but the standards would be enforced by Cumberland County. Mr. Stancil in response to a question regarding water and sewer explained that Mr. Duggins had been in touch with PWC prior to January 1997, when PWC policies changed. Mr. Stancil stated that if an entity requesting services was inside of the City when the connection was made to the system, PWC would subsidize one-third of the cost. PWC's current policy is to extend facilities only if there has been a petition for annexation by the property owner. Mr. Duggins would not be eligible for water and sewer until he resubmits a petition of annexation and the petition is made in good faith. Because Mr. Duggins withdrew his voluntary petition, he is no longer eligible for PWC facilities. If Mr. Duggins resubmits an application to be annexed and it is denied by Council, PWC would provide the facilities because the owner had no control over the action of Council. Mr. Stancil further stated that according to Mr. Blanchard of PWC, if a resubmission of annexation was done, Mr. Duggins would be eligible for the extension as well as the reimbursement of $2,978. Councilmember Cheek moved to approve the agenda with the removal of item 3 A, seconded by Councilmember Kendrick. Councilmember Cheek expressed her concern over the Council's concept of discrimination and the handling of this issue of building low-to moderate-income housing in the City of Fayetteville. Ms. Cheek stated she felt that Council had discriminated and felt their action should be made public. Councilmember Smith responded that he did not agree with Councilmember Cheek and he had tried to make sure that this type of action did not happen to other neighborhoods in Fayetteville. Councilmember Smith stated it was a matter of the concentration of this type of housing, the citizens not being informed or not being allowed to speak about the issue and not discrimination. Mayor Pro Tem Blackwell stated he felt this was a poor business decision and the Council had violated its policies. Councilmember Kendrick stated he felt the Council needed to follow their policies. A discussion was held regarding the approval of the project and whether Council had the option of voting on each item presented in the Community Development Budget on May 19, 1997, or whether the vote had to be on the entire package. Mayor Dawkins called for the vote on the motion and it carried 8 to 1 with Councilmember Ross in opposition. Councilmember Cheek stated her previous remarks had been directed at the City Council and not the citizens of Fayetteville. 2. CONSENT: Mayor Pro Tem Blackwell moved to approve the consent agenda, seconded by Councilmember Dempster and carried unanimously by a vote of 9 to 0. A. Approve revision to minutes of July 7, 1997. B. Approve minutes of regular meeting of July 21, 1997. C. Approve minutes of information meeting of July 28, 1997. D. Approve minutes of regular meeting of August 4, 1997. E. Approve tax refunds over $100. Taxpayer's Name Bill No. Year Amount Cross Creek Gulf (Co) 5044408 1992 $249.96 Precision Machine Tech 9432541 1996 $393.85 F. Adopt Special Revenue Fund Project Ordinance 98-2 (Juvenile Restitution 97-98). The State Division of Youth Services has awarded Cumberland County $42,610 for the Fayetteville Police Department's Juvenile Restitution program. The local match of $8,522 is being provided by the County. The funds will be used to effectively instruct youth in job/life skills which will help build self-confidence and improve communication skills. Other purposes include locating community job sites for juveniles who are court ordered to perform community service work. G. Approve award of construction contract for Soil Street Package #3, City Bond Project, in the amount of $1,350,581 to McDonald Grading Company. Bids were received as follows: Section A Section B Total Bid McDonald Grading Co. $853,801.00 $496,780.00 $1,350,581.00 Billy Bill Grading Co., Inc. $1,128,069.00 $542,809.00 $1,670,878.00 Site Group Inc. $1,058,522.58 $618,622.00 $1,677,174.58 The following streets are included in package #3: (1) Cardinal Circle, (2) Robin Street, (3) Griffin Street, (4) Oxford Street, (5) Elba Street, (6) Rosebud Street, (7) Abraham Street, (8) Jacob Street, (9) Haigh Street, (10) Coburn Street and (11) Haywood Street. H. Adopt resolution stating the intent of the City Council to annex property owned by the City which is contiguous to the existing municipal boundaries. [City (PWC) property - located on Western side of School Road - approximately 820 feet south of Media Drive-a PWC water storage facility is on the property. A new City fire station is proposed to be built on the northeastern corner of the property] (Recommended Public Hearing date: September 2, 1997). RESOLUTION STATING THE INTENT OF THE FAYETTEVILLE CITY COUNCIL TO ANNEX PROPERTY OWNED BY THE CITY WHICH IS CONTIGUOUS TO THE EXISTING MUNICIPAL BOUNDARIES (CITY PWC PROPERTY LOCATED WESTERN SIDE OF SCHOOL ROAD - APPROXIMATELY 820 FEET SOUTH OF MEDIA DRIVE). RESOLUTION No. R1997-076. A copy of the foregoing Resolution is on file in the City Clerks Office in Resolution Book R1997. I. Approve the following Public Works Commission bid awards: 1. Award contract for construction of utilities in Fayetteville Annexation - Phase II - Evergreen Estates West to Atlas Resources Management, Inc. (Pennsylvania), low evaluated in the amount $2,721,098. Bids were received as follows: Atlas Resources Mgt. Inc. (84,PA) $2,721,098.00 R.H. Moore Company, Inc. (Murrells Inlet, SC) $2,735,097.50 McClam & Assoc. (Little Mountain, SC) $2,893,319.50 Monroe Roadways, Inc. (Fairport, NY) $2,956,598.95 B.F. McMahon, Inc. (Columbia, SC) $3,008,240.00 T.A. Loving Company (Goldsboro, NC) $3,019,040.00 2. Award contract for construction of utilities in Fayetteville Annexation - Phase II - Evergreen Estates East to Atlas Resources Management, Inc.(Pennsylvania), low evaluated bid in the amount of $3,464,293. Bids were received as follows: Atlas Resources Mgt. Inc. (84, PA) $3,464,293.00 R.H. Moore Company, Inc. (Murrells Inlet, SC) $3,523,539.35 Monroe Roadways, Inc. (Fairport, NY) $3,543,425.55 B.F. McMahon, Inc. (Columbia, SC) $3,920,867.50 T.A. Loving Company (Goldsboro, NC) $3,935,504.00 McClam & Assoc. (Little Mountain, SC) $4,505,470.00 3. Award of contract for Hoke Loop Road 16" Water Main Extension to Brewer's Excavating, Inc., (Rural Hill, NC) in the amount of $571,961.75. Bids were received as follows: Brewer's Excavating, Inc. (Rural Hill, NC) $571,961.75 Bryant Electric Co., Inc. (Archdale, NC) $585,273.90 Colt Contracting Co. (Clinton, NC) $592,829.80 E.C. Pace Company, Inc. (Roanoake, VA) $693,736.00 Frank Horne Construction (Fair Bluff, NC) $666,146.64 Blue Construction Co. (Sanford, NC) $761,287.00 McClam & Associates, Inc. (Little Mountain, SC) $853,306.25 R.H. Moore Co., Inc. (Murrells Inlet, SC) $679,124.00 State Utility Contractors (Monroe, NC) $698,201.70 T.A. Loving Company (Goldsboro, NC) $883,885.00 4. Award of contract for Horsepen Branch 15" Sanitary Sewer Outfall (Alternate #2; Ductile Iron Pipe with Cementitious Lining) to McClam Associates (Little Mountain, SC), in the amount of $428,789. Bids were received as follows: Base Bid Alternate #2 McClam & Associates (Little Mountain, SC) $473,214.25 $428,789.00 R.H. Moore Co., Inc. (Murrells Inlet, SC) $489,823.00 $523,923.00 Frank Horne Construction (Fair Bluff, NC) $512,568.00 $553,331.25 State Utility (Monroe, NC) $581,301.00 $611,958.00 T.A. Loving Company (Goldsboro, NC) $739,555.00 $773,655.00 Colt Contracting Co. (Clinton, NC) $905,776.00 $917,264.00 5. Award of contract for Package A - Water Treatment Facilities Residuals Processing System and Package B - New Residuals Handling Building at Cross Creek WRF to Adams Robinson Construction (Dayton, Ohio), in the amount of $6,975,000. Bids were received as follows: Single Prime Single Prime Total Contract A Contract B A & B Adams Robinson Enterprises $4,671,000 $2,304,000 $6,975,000 State Utility Contractors, Inc. $4,425,000 $2,600,580 $7,025,580 Crane and Denbo, Inc. $4,664,300 $2,630,600 $7,294,900 Turner Murphy Co., Inc. $4,950,530 $2,702,181 $7,652,711 6. Award of contract for In fluent Pump Station Improvements at the Rockfish Creek WRF to Kemp Construction, Inc. (Sherrills Ford, NC), in the amount of $170,696. Bids were received as follows: Total Bid Kemp Construction, Inc. $170,696.00 State Utility Contractors, Inc. $185,890.00 T.A. Loving Company $211,921.00 Haren Construction Company, Inc. $223,700.00 Crain and Denbro, Inc. $224,780.00 J. Authorize Mayor to send letter to U.S. Postal Service regarding new postal facility. 3. PUBLIC HEARINGS: A. Consideration of adoption of an ordinance to extend the corporate limits of the City of Fayetteville, NC (Petition-initiated contiguous annexation area) (Proposed Longview Green Apartments- located on northern side of Longview Drive, approximately 370 feet east of Ramsey Street - Property of Longview Green Associates Limited Partnership, Murray O. Duggins, General Partner). This annexation petition was withdrawn by the petitioner, Murray O. Duggins, General Partner of Longview Green Associates Limited Partnership, and consequently was removed from the agenda. 4. Consideration of adoption of resolution in support of school bonds. Ms. Marie Runkle, Deputy Chairman, School Bond Steering Committee, and Doctor Loleta Foster, Chairman, School Bond Endorsement Committee, addressed the Council and asked for their support on the School Bond issue. Councilmember Ross inquired as to whether this would result in a tax increase. Mr. Mike Lallier replied that there would be a tax increase of eight cents per $100.00 value. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE IN SUPPORT OF THE SCHOOL BOND REFERENDUM TO BE HELD IN OCTOBER, 1997. RESOLUTION No. R1997-077. Councilmember Smith moved to adopt the resolution, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. A copy of the foregoing resolution is on file in the City Clerks office in Resolution Book R1997. 5. Consideration of adoption of budget ordinance for two additional school resource officers. Interim City Manager Roger Stancil presented this item. 1997-1998 BUDGET ORDINANCE AMENDMENT CHANGE 98-1. Councilmember Kendrick moved to adopt the ordinance, seconded by Councilmember Cheek and carried unanimously by a vote of 9 to 0. A copy of the foregoing ordinance is on file in the City Clerk's office in Budget Ordinance Book 1997-1998. 6. Consideration of adoption of the following financial matters related to HUD Projects: Interim City Manager Roger Stancil presented this item. Mr. Stancil stated the ordinances being presented do not include the funds for Longview Green Apartments because these funds would be brought forward from the previous year. A. Consideration of adoption of Special Revenue Project Ordinance Amendment Number 98-1 (HUD-CDBG FY97-98). This ordinance appropriates proceeds awarded to Community Development in the amount of $1,171,000 by the U.S. Department of Housing and Urban Development for the Community Development Block Grant program. The ordinance also appropriates $50,000 in program income from CDBG loan repayments. Funds will be utilized for the following projects: City-wide rehabilitation loan pool, multifamily feasibility study, chess park, Eufaula Street clearance and relocation, beautification, emergency home repair, assistance for homeless (transitional housing, Homeless Coalition, shelter utility and support assistance), capacity building and training, street paving assessment assistance, FSU/College Heights and micro-enterprise feasibility study and loans and HUD 108 loan repayment. Mayor Pro Tem Blackwell moved to adopt this ordinance, seconded by Councilmember Massey. Councilmember Torrey requested that the citizens receive information on the status of the Eufaula Street Project. Assistant City Manager Ben Brown stated that a meeting had been set for August 28, 1997. Councilmember Ross stated she could not support this motion unless Marsh Street and North Street were included in the Eufaula Street package. Mayor Dawkins called for a vote and the ordinance was adopted by a vote of 6 to 3 with Councilmembers McBryde, Smith, and Ross in opposition. B. Consideration of adoption of Special Revenue Project Ordinance Number 98-3 (HUD-HOME FY97-98). This ordinance appropriates proceeds awarded to Community Development in the amount of $503,000 by the U.S. Department of Housing and Urban Development. These funds will be used to fund down payment assistance, City-wide rehabilitation loan pool, CHDO support and operating expenses, and housing construction. Councilmember Cheek moved to adopt the ordinance, seconded by Councilmember Dempster and carried by a vote of 7 to 2 with Councilmembers Smith and Ross in opposition. 7. Consideration of adoption of resolution for projects to be considered on the FY 1999-2005 Transportation Improvement Program. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE SUPPORTING TRANSPORTATION PROJECTS FOR THE FAYETTEVILLE URBANIZED AREA WITHIN THE TRANSPORTATION IMPROVEMENT PROGRAM FOR FY 1999-2005. RESOLUTION No. R1997-078. Assistant City Manager Jimmy Teal presented this item. Mr. Teal presented the resolution with the additions Council had previously approved. Councilmember Kendrick requested that the sidewalk project on Ireland Drive be added to this resolution. Councilmember Kendrick moved to adopt a resolution with the addition of the sidewalk project on Ireland Drive, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 9 to 0. Councilmember Cheek requested that the railroad crossing at Hay Street and Winslow Street be set out by a reference in the resolution. A copy of the foregoing resolution is on file in the City Clerks office in Resolution Book R1997. 8. Report from Streets and Roads Committee: Councilmember Kendrick, Chairman of the Streets and Roads Committee, presented this item. Councilmember Kendrick stated that the Committee had voted to accept streets that meet City standards regardless of whether they serve residential units or businesses. Councilmember Kendrick reported that the Committee was recommending to Council that the North Carolina Department of Transportation be asked to install a restricted left-turn signal at the Person Street and Eastern Boulevard intersection. Councilmember Kendrick moved to approve the restricted left-turn signal at the Person Street and Eastern Boulevard intersection, second by Mayor Pro Tem Blackwell and carried unanimously by a vote of 9 to 0. 9. APPOINTMENTS: A. Applications for vacancies on the Senior Citizens Advisory Board for review. Nominations will be taken at the September 2, 1997, City Council meeting. 10. ADMINISTRATIVE REPORTS: A. Report on animal control options. Councilmember Kendrick requested that staff research this issue and come back to the Council within 30 days. Councilmember Smith requested that information be gathered from other cities regarding the number of dogs allowed under their ordinances. Councilmember Smith also requested that the relationship of the City Police Department and the County Animal Control Unit be studied. B. Report on Eufaula Street relocation plan. C. Report from Robert S. Segal, CPA. 11. Report from Municipal Advisors, Inc., on applications for the City Manager position. Mr. Rogers Scott of Municipal Advisors Incorporated presented the video tapes of the following candidates for the City Manager position. 1. Kenneth R. Murray 2. Marc A. Ott 3. Ronald H. Rabun 4. Roger L. Stancil 5. Paul Steinbrenner 6. James W. Zumwalt Mr. Scott requested Council to consider taking prompt action on these applications. Councilmember Cheek moved to excuse Councilmember Massey, seconded by Mayor Pro Tem Blackwell. Mr. Massey left to pick up his son. Councilmember Massey returned to the meeting. A discussion ensued with the Council setting a special meeting for August 22, 1997, at 7:00 p.m. for the purpose of discussion of the candidates for the City Manager position. INFORMATION ITEMS: 1. Response to request from Councilmember Torrey regarding HUD participation in purchase of solid waste containers. 2. Copy of letter from DOT to Senator Larry Shaw regarding the placement of a memorial honoring Dr. Martin Luther King, Jr. 3. Report on tax refunds less than $100. NAME YEAR BASIS CITY FUNDED Dewoody, Mark & Thereasa 1996 Military non-resident 43.85 Duncan, Scott Palmer 1996 Military non-resident 60.14 Grimm, Francis D. 1997 Military non-resident 91.23 Martin, Rieka Tamashiro 1995 Military non-resident 87.11 Mclauglin, Derek Leon 1996 Military non-resident 38.72 Nawotniak, Christopher & 1996 Situs: Hoke County 46.78 Yvonne L. Shirley, Steven Michael 1995 Military non-resident 34.78 Sparks, Frederick Joseph 1996 Military non-resident 26.68 Wright, Calvin Israel 1996 Military non-resident 23.19 Young, Clayton Eugene--Co 1995 Military non-resident 17.12 TOTAL $469.60 4. Statement of settlement of taxes for period from July 1,1996, through June 30, 1997, from the Cumberland County Tax Collector. 5. Statement of taxes collected for the month of July, 1997, from the Cumberland County Tax Collector. 6. Information from Mayor Pro-Tem Blackwell on recent Electri Cities Conference. 7. Copy of letter to the U.S. Senate regarding resolution in support of General Shelton's nomination as Chairman of the Joint Chiefs of Staff. 8. Police Department - monthly report for the Office of Professional Standards for the month of July, 1997. 9. Airport Commission - minutes of June 19, 1997. 10. FAEDC - minutes of Board of Directors meeting of July 15, 1997. 11. FACVB - minutes of July 10, 1997. 12. Settlement of Current Taxes from the Cumberland County Tax Collector. Charge: Charge 1996 $23,233,900.94 Storm Water $1,567,062.00 Charge 1996 Vehicles $3,136,392.83 Added Charge 1996 $408,417.13 Storm Water Added Charge 1996 $180,096.00 Total Interest Collected $140,598.43 Total Discount $ 247,386.83 $28,419,080.50 Credits: Deposit with Finance $24,964,752.39 Total Discount Allowed $247,386.83 Storm Water Deposit with Finance $1,681,286.79 Interest Deposited with Finance $140,598.43 $26,539,250.78 Releases Allowed $748,863.09 Storm Water Releases Allowed $1,368.00 Real & Personal Balance $1,065,095.42 Storm Water Balance $64,503.21 Adjustments $ - $1,879,829.72 Charge: Real & Personal Balance 1995 $763,794.89 Real & Personal Balance 1994 $278,996.18 Real & Personal Balance 1993 & Prior $641,977.49 Storm Water Balance 1995 $ 53,934.50 $1,738,703.06 Barred by Statute: Barred by Statute $14,380.31 Credit for Five Year & Prior Insolvents $ - $14,380.31 Credits: Real & Personal Collected 1995 $420,001.43 Real & Personal Collected 1994 $61,433.21 Real & Personal Collected 1993 & Prior $83,800.04 Storm Water Collected 1995 $28,749.18 Releases Allowed 1995 $31,382.10 Releases Allowed 1994 $836.42 Releases Allowed 1993 & Prior $619.11 Storm Water Releases Allowed 1995 $108.00 Real & Personal Balance 1995 $312,411.36 Real & Personal Balance 1994 $216,726.55 Real & Personal Balance 1993 & Prior $543,178.03 Storm Water Balance 1995 $25,077.32 Adjustment $ - $1,724,322.75 13. Statement of taxes collected for the month of July 1997 from the Cumberland County Tax collector. 1997 Taxes 106,699.77 1997 Vehicle Taxes 142,966.54 1997 Revit 93.88 1997 Vehicle Revit 106.42 1997 FVT 18,966.05 1997 Storm Water 8,442.65 1996 Taxes 33,727.19 1996 Vehicle Taxes 46,728.26 1996 Revit 33.14 1996 Vehicle Revit 12.54 1996 FVT 6,176.09 1996 Storm Water 3,248.92 1995 Taxes 4,763.37 1995 Vehicle Taxes 1,075.04 1995 Revit 7.02 1995 Vehicle Revit 0.00 1995 FVT 155.00 1995 Storm Water 701.15 1994 Taxes 3,856.60 1994 Vehicle Taxes 102.44 1994 Revit 54.93 1994 Vehicle Revit 0.00 1994 FVT 22.69 1993 & Prior Taxes 1,625.13 1993 Vehicle Taxes 75.38 1993 & Prior Revit 0.00 1993 & Prior Vehicle Revit 0.00 1993 & Prior FVT 169.78 Interest 7,576.95 Interest (Revit) 6.40 Interest (Storm Water) 338.39 Fayetteville Discount (1,832.03) Revit. Discount (1.88) Total Collections 385,897.81 Councilmember Kendrick moved to adjourn, seconded by Councilmember Ross and carried unanimously by a vote of 9 to 0. There being no further business the meeting adjourned at 11:20 p.m. SPECIAL MEETING AUGUST 22, 1997 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING CITY HALL COUNCIL CHAMBER AUGUST 22, 1997 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2) (arrived at 7:05 p.m.); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: Robert C. Cogswell, Jr., City Attorney Mayor Dawkins called the meeting to order at 7:04 p.m. Discussion of City Manager candidates. There was a general discussion of the process from this point forward and a briefing by the City Attorney on what could or could not be discussed in closed session. A motion was made by Councilmember Torrey, seconded by Councilmember Ross, to go into closed session to discuss the qualifications of the candidates for City Manager. Voting in favor of the motion were Councilmembers Blackwell, Ross, Torrey, Dempster and Massey. Voting in opposition of the motion were Councilmembers Smith, Kendrick, McBryde and Cheek. The closed session began at 7:15 p.m. At 8:24 p.m. Councilmember Smith made a motion to go into open session, which was seconded by Councilmember Kendrick and approved unanimously. Thereafter, a motion to adjourn was made by Councilmember Kendrick, seconded by Councilmember Smith and carried unanimously. There being no further business, the meeting adjourned at 8:25. INFORMATION MEETING AUGUST 25, 1997 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER AUGUST 25, 1997 5:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: Roger L. Stancil, Interim City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Ronald Hansen, Chief of Police Carl Milazzo, Police Legal Advisor Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was Offered by Reverend Al Brice, Covenant Love Family Church on Dunn Road. Mayor Dawkins led in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins announced that Mrs. Donna Cashwell, Mayor of Autryville, had passed away. He extended his condolences to the family. Interim City Manager Roger Stancil gave an update of his last discussion with Mrs. Grant. Mr. Stancil stated Mrs. Grant would be late arriving and would bring the report with her. Mayor Dawkins declared a recess at 7:14 p.m. At approximately 7:40 p.m. the meeting resumed and Interim City Manager Roger Stancil stated he had received a telephone call from Mrs. Grant and she was in Raleigh and on her way to Fayetteville. Councilmember Torrey requested that the Council wait until 9:00 p.m. for Mrs. Grant. Mayor Blackwell requested that when Mrs. Grant arrived the Council be allowed to recess to read the report. Councilmember McBryde moved to recess until Mrs. Grant arrived, seconded by Councilmember Ross and carried unanimously by a vote of 9 to 0. The meeting went into recess until 9:00 p.m. when the regular session resumed. Mayor Dawkins announced that Mrs. Grant had not arrived and there had been no word from her since her last conversation with Mr. Stancil. Councilmember McBryde moved to adjourn the meeting and asked that this item be placed on the September 2, 1997, agenda, seconded by Councilmember Cheek. A discussion ensued regarding the motion and a time for adjournment of the meeting. Councilmember Smith made a friendly amendment to the motion that the Council wait until 9:30 p.m. and adjourn at that time. Councilmember McBryde accepted Councilmember Smith's friendly amendment. Mayor Pro Tem Blackwell stated he wanted to read, digest, and discuss the report before going home and did not want to adjourn. Councilmember Cheek asked to vote at 9:30 p.m. Councilmember McBryde stated he thought the vote on the motion should be taken immediately. City Attorney Robert Cogswell agreed the vote should be taken. Mayor Dawkins called for the vote on the motion to adjourn at 9:30 p.m. if Mrs. Grant did not arrive and the report would be set for the September 2, 1997, meeting. The motion failed by a vote of 5 (Councilmembers Torrey, Ross, Massey, Blackwell and Dempster voting in opposition) to 4 (McBryde, Cheek, Kendrick and Smith in favor). Mrs. Grant arrived at the meeting and asked to speak with Interim City Manager Roger Stancil. Mayor Dawkins called for a brief recess. The regular session resumed. Mayor Pro Tem Blackwell moved to approve the agenda, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. Interim City Manager Roger Stancil stated that Mrs. Grant and her associate Carolyn Thompson were here to make the report but there was no written report because changes needed to be made. Mr. Stancil stated he would have the report printed by 2:00 p.m. tomorrow afternoon and Mrs. Grant would be available to answer questions. He explained the Council's options. Councilmember McBryde stated that he did not want an oral report and he made a motion to continue this meeting until 5:00 p.m., August 26, 1997. Motion was seconded by Mayor Pro Tem Blackwell. Mrs. Grant addressed the Council and explained she had only received the draft through an error and did not have the final report. She states the report would be forwarded to the Information Systems Department for printing and distribution. A discussion was held regarding the options available to the Council. Mayor Dawkins called for a vote on the motion to continue the meeting and the motion passed by a vote of 7 to 2 with Councilmembers Ross and Torrey in opposition. Councilmember Kendrick moved to continue the meeting until tomorrow night, seconded by Councilmember McBryde. INFORMATION MEETING CONTINUATION FROM AUGUST 25, 1997 AUGUST 26, 1997 FAYETTEVILLE CITY COUNCIL CONTINUATION OF AUGUST 25, 1997 INFORMATION MEETING CITY HALL COUNCIL CHAMBER AUGUST 26, 1997 5:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: Roger L. Stancil, Interim City Manager Ben Brown, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Ronald Hansen, Chief of Police Carl Milazzo, Police Legal Advisor This is a continuation of the City Council meeting held on August 25, 1997. Mayor Dawkins called the meeting to order and asked for a motion to excuse Councilmember Ross until she arrived. Councilmember McBryde moved to excuse Councilmember Ross until she arrived, seconded by Councilmember Kendrick and carried unanimously by a vote of 8 to 0. Councilmember Torrey welcomed Mrs. Grant to Fayetteville. Councilmember Ross arrived at the meeting. 2. Report of investigation by Cheryl Grant pursuant to contract of March 24, 1997. Mrs. Grant presented her report. A copy of the report in its entirety is on file in the City Attorney's Office. Interim City Manager Stancil stated the report would be reviewed by the Management Team and staff and a response would be presented back to the Council. A discussion ensued with Councilmembers addressing specific questions to Mrs. Grant regarding the report. Mrs. Grant reviewed her method of data gathering, her method of selection of interviewees, her conclusion, and her recommendations. Councilmembers thanked Mrs. Grant for her presentation and the comprehensive report. Interim City Manager Roger Stancil readdressed the Council and stated steps had been taken by the Management Team and staff to begin to alleviate the issues set out in Mrs. Grant's report. A discussion ensued regarding the unification of Council and the future of the City of Fayetteville. Mayor Pro Tem Blackwell moved to adjourn the meeting, seconded by Councilmember Kendrick. The meeting adjourned at 10:25 p.m. REGULAR MEETING SEPTEMBER 2, 1997 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER SEPTEMBER 2, 1997 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: Roger L. Stancil, Interim City Manager John B. (Ben) Brown, Jr., Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Victor Sharpe, Planning Manager Steve Blanchard, PWC Manager Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Sister Jean Rhoads, D.C., Executive Director of The CARE Clinic, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor J. L. Dawkins announced that on Saturday, September 13, the Guardian Ad Litem Program and PCA (Prevent Child Abuse) would hold Cumberland County's first vigil for the children who have died from abuse and neglect. To show the City's support of child abuse prevention, Mayor Dawkins issued a proclamation proclaiming September 13 as LIGHTS TO REMEMBER DAY. He presented the proclamation to Ms. Brownie Smathers Cain and Linda Alger, members of Governor Hunt's Committee on Child Abuse and Neglect Prevention. Mayor Pro Tem Blackwell informed the Council of a challenge which had been issued by the Cumberland County Board of Commissioners to the Fayetteville City Council. The challenge consisted of individual pledges of $100 from each councilmember in support of the School Bond Issue. Mayor Pro Tem Blackwell encouraged the councilmembers to meet the challenge. Councilmember McBryde stated that because the majority of candidates for City Council wanted to wait until after the election to hire a City Manager, he was going to recommend his request to add an item, the reconsideration of the firing of John Smith on February 17, 1997, be withdrawn. Councilmember McBryde stated a petition had been received regarding this matter. Councilmember Cheek expressed her support for this action. Councilmember Ross expressed her opposition to waiting to hire a new City Manager. Interim City Manager Roger Stancil requested the Council go into an Executive Session to discuss economic development at the end of the meeting. He also requested that Item 7.B, Approval of Lease Agreement with CSX Railroad for a tract of land at the end of King Street, be removed from the agenda. City Attorney Robert Cogswell stated that Item 1 needed to be approved prior to the formal approval of the agenda. 1. Reconsideration of condemnation of storm drainage easement on Comet Circle - Parcel S-2. Councilmember Smith moved to approve, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 9 to 0. 2. APPROVAL OF AGENDA Councilmember Cheek moved to approve the agenda with the addition of Item 10.C, a closed session to discuss economic development, and the deletion of Item 7.B. Mayor Pro Tem Blackwell seconded the motion and the motion carried unanimously by a vote of 9 to 0. 3. CONSENT: Councilmember Smith moved to approve the consent agenda, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 9 to 0. The following items were approved: A. Approve minutes of regular meeting of August 18, 1997. B. Adopt resolution authorizing condemnation of Easements across parcels S-3; S-12; S-20 and S-23 for the Windsor/Oakland Drainage Project, RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (WINDSOR DRIVE/OAKLAND AVENUE DRAINAGE PROJECT). RESOLUTION NO. R1997-079. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (WINDSOR DRIVE/OAKLAND AVENUE DRAINAGE PROJECT). RESOLUTION NO. R1997-080. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (WINDSOR DRIVE/OAKLAND AVENUE DRAINAGE PROJECT). RESOLUTION NO. R1997-081. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (WINDSOR DRIVE/OAKLAND AVENUE DRAINAGE PROJECT). RESOLUTION NO. R1997-082. C. Adopt resolution approving the Municipal Records Retention and Disposition Schedule dated August 15, 1997. RESOLUTION OF THE CITY OF FAYETTEVILLE APPROVING THE MUNICIPAL RECORDS RETENTION AND DISPOSITION SCHEDULE DATED AUGUST 15, 1997. RESOLUTION NO. R1997-083. Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1997. D. Approve Capital Project Ordinance 98-1 (Aircraft Rescue and Firefighting Vehicle). This project is for the funding of the acquisition of an Aircraft Rescue and Firefighting (ARFF) Vehicle. This is an eligible Federal Aviation Administration Airport Improvement Project. The following revenues are anticipated to be available to the City to complete the project: Federal Aviation Administration $290,000 NCDOT - Aviation Division 16,111 Local Match - Airport Operating __16,111 $322,222 CAPITAL PROJECT ORDINANCE NO. 98-1 A copy of the foregoing ordinance is on file in the Finance Department. E. Approve revision to contract with Ogden Environmental and Engineering Services for stormwater services. F. Set public hearing for October 6, 1997, to consider paving without petition of Barges Lane from Grove Street to Lamon Street. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF BARGES LANE FROM GROVE STREET TO LAMON STREET. RESOLUTION NO. R1997-084. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. G. Approve the following PWC items: 1. Award of contract for construction of utilities in Loch Lomond Subdivision - Fayetteville Annexation - Phase II, to B.F. McMahon, Inc. (Columbia, SC), low bidder, in the amount of $873,583.50. Bids were received as follows: B.F. McMahon (Columbia, SC) $873,583.50 E.C. Pace (Roanoke, VA) $912,487.20 Monroe Roadways (Fairport, NY) $926,589.00 Marlboro Constructors (Bennettsville, SC) $934,549.68 Autry Grading, Inc. $947,175.90 T.A. Loving (Goldsboro, NC) $1,017,271.00 R.H. Moore (Murrells Inlet, SC) $1,033,061.75 Bunce Construction (Fayetteville, NC) $1,074,499.50 Maxcy Hicks & Sons, Inc. (New Zion, SC) $1,192,649.00 2. Award of contract for construction of utilities in Glenbrook and North Bunce Road - Fayetteville Annexation - Phase II, to E.C. Pace (Roanoke, VA) low bidder, in the amount of $1,040,537.05. Bids were received as follows: E.C. Pace (Roanoke, VA) $1,040,537.05 Monroe Roadways (Fairport, VA) $1,042,070.33 ES&J Enterprises (Autryville, NC) $1,074,458.83 R.H. Moore (Murrells Inlet, SC) $1,098,297.03 Marlboro Constructors (Bennettsville, SC) $1,135,330.30 Colt Contracting (Clinton, NC) $1,142,112.52 T.A. Loving (Goldsboro, NC) $1,144,670.00 B.F. McMahon (Columbia, SC) $1,290,327.33 Maxcy Hicks & Sons (New Zion, SC) $1,379,183.67 3. Award of contract for construction of utilities in Dunkirk Heights and Little Road - Fayetteville Annexation - Phase II, to E.C. Pace (Roanoke, VA), low bidder, in the amount of $366,186.00. Bids were received as follows: E.C. Pace (Roanoke, VA) $366,186.00 Bunce Construction (Fayetteville, NC) $372,762.33 B.F. McMahon (Columbia, SC) $396,876.00 Colt Contracting (Clinton, NC) $397,885.09 T.A. Loving (Goldsboro, NC) $406,083.67 Monroe Fairways (Fairport, NY) $427,943.33 Marlboro Constructors (Bennettsville, SC) $437,642.53 ES&J Enterprises (Autryville, NC) $443,326.83 R.H. Moore (Murrells Inlet, SC) $447,762.33 Counilmember McBryde inquired about whether the resolution in Item 1 was included in the consent agenda. City Attorney Robert Cogswell stated that it had not been included and he asked the Council to make a motion to reconsider the setting of the agenda. Councilmember McBryde moved to reconsider the setting of the agenda, seconded by Councilmember Cheek and carried unanimously by a vote of 9 to 0. City Attorney Robert Cogswell stated a motion would be needed to add Item 12.C, reconsideration of condemnation of storm drainage easement of Comet Circle, parcel S-2, and Item 12.D, the closed session. Councilmember Smith asked to change the closed session to Item 12.C. Mayor Pro Tem Blackwell moved to add Item 12.B, reconsideration of condemnation of storm drainage easement on Comet Circle, parcel S-2, and Item 12.C, a closed session to discuss economic development, to the agenda and delete Item 7.B, from the agenda, seconded by Councilmember Cheek and carried unanimously by a vote of 9 to 0. 4. PUBLIC HEARINGS: A. P97-42F. Consideration of an application by Menno Pennink, M.D., for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-30(14) to allow manufacturing in a C2S Central Business District for an area located at 108 Person Street. Containing .06 acres more or less and being the property of Fannie F. Satisky as evidenced by deed recorded in Deed Book 2828, Page 469, Cumberland County Registry. Mr. Victor Sharpe, Planning Manager, presented this item. He stated that the Zoning Commission recommended the approval of the special use permit. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition and the public hearing opened and closed at 7:26 p.m. Councilmember McBryde moved to approve the special use permit finding that: 1. The proposed activity is free of objectionable characteristics such as noise, smoke and fumes; 2. Pedestrian and vehicular traffic will not be obstructed by loading and unloading activities; 3. Existing first floor retailing activities along the block face containing the site are not disrupted by the proposed use; and 4. The proposed use complies with the applicable fire code. The motion was seconded by Councilmember Kendrick and carried unanimously by vote of 9 to 0. B. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, N.C. (Annexation of a contiguous property owned by the City) (City [PWC] property located on the western side of School Road, approximately 820 feet south of Media Drive - a PWC water storage facility is on the property. The City proposes to build a new fire station on the northeastern corner of the property). Interim City Manager Roger Stancil presented this item. He stated this annexation would have no impact on the City and he recommended adoption of the ordinance. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition to the annexation. The public hearing opened and closed at 7:29 p.m. ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA [CITY (PWC) PROPERTY - LOCATED ON THE WESTERN SIDE OF SCHOOL ROAD - APPROXIMATELY 820 FEET SOUTH OF MEDIA DRIVE. A PWC WATER STORAGE FACILITY IS ON THE PROPERTY- A NEW CITY FIRE STATION IS PROPOSED TO BE BUILT ON THE NORTHEASTERN CORNER OF THE PROPERTY.] ANNEXATION ORDINANCE NO. 97-09-422. Councilmember Smith moved to adopt the ordinance to be effective September 2, 1997, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 9 to 0. A copy of the foregoing ordinance is on file in the City Clerk's office in Annexation Ordinance Book 1997. C. Consideration of adoption of resolution and order closing portions of Eufaula Street and Irene Avenue. Assistant City Manager Jimmy Teal presented this item. Mr. Teal stated that the four advertisements have been completed, signs have been posted at the ends of both streets, and the abutting properties have been notified by certified mail. Mr. Teal recommended closing the street as requested by the County. This is the advertised public hearing set for this date and time. The public hearing began at 7:30 p.m. Mr. Danny Higgins, Attorney for Cumberland County, appeared in favor of the street closing. Mr. Higgins stated the street was inside of the fence which the County had placed around the landfill and it no longer served a public purpose. There was no one else present to speak in favor. Ms. Lula McDonald, 114 University Avenue, Fayetteville, NC, appeared in opposition to the street closing. There was no one else present to speak in opposition and the public hearing closed at 7:35 p.m. A discussion was held regarding the closing of the street, the City's responsibility in the maintenance of the streets, the height of the fence surrounding the landfill, the effect of closing the street on the neighborhood, and the expenditure of tax dollars to remove the pavement. Councilmember Torrey moved not to adopt the ordinance, seconded by Councilmember Ross. Interim City Manager Roger Stancil informed the Council that no action could be taken by the Council that would impact the height of the fence around the landfill site. Further discussion was held on the maintenance of the street. Mayor Dawkins called for the vote on the motion and the motion failed by a vote of 6 to 3. Councilmembers Cheek, Ross and Torrey voted in favor of the motion and all other councilmembers present voted in opposition. Councilmember McBryde moved to adopt the resolution closing the street, seconded by Councilmember Kendrick. RESOLUTION AND ORDER CLOSING PORTIONS OF EUFAULA STREET AND IRENE AVENUE. RESOLUTION NO. R1997-085. A discussion was held regarding the length of time it would take for the families on Eufaula Street to be relocated. Assistant City Manager Ben Brown stated it would take approximately six months. Mayor Dawkins called for a vote on the motion and the motion carried by a vote of 6 to 3, with Councilmembers Ross, Cheek and Torrey in opposition. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. 5. Consideration of request to address City Council from Charles C. Mathews. Mr. Charles C. Mathews, 3618 Tindall Court, Fayetteville, NC, appeared before the Council to address the solution to the City's water shortage problem. Mr. Mathews stated the Roses Lake Homeowners Association would like to give Roses Lake to PWC in exchange for the repair of the dam and spillway. Mr. Mathews stated the cost to PWC would be approximately $250,000 to $300,000. Mr. Mathews proposed a one-time user fee in the amount of $4 be charged to each PWC user to pay for the project. Mayor Dawkins stated this issue would be looked into by staff. 6. Consideration of request to address City Council from Levi Montgomery. Mr. Levi Montgomery, 325-#8 Moore Street, Fayetteville, NC, addressed the Council regarding the City's transportation system. Mr. Montgomery requested the City provide more transportation, Sunday bus service, earlier Saturday service, and placing a bus shelter at 311 Moore Street. Mr. Montgomery stated that he was not unappreciative of what had already been done, but he felt a lot of people depended on the transportation system. Councilmember Cheek asked the staff to keep a record and requested that Council consider establishing a Citizen Transit Advisory Committee to open up communication on this issue. Mayor Dawkins stated follow-up would be done on the request for a bus shelter at 311 Moore Street. 7. Consideration of approval of acquisition of the following park lands: A. Approval of donation of Crystal Springs Road property. Interim City Manager Roger Stancil presented this item. Mr. Stancil recommended the acceptance of the 30-acre tract. He stated the property had been reviewed by the City's Real Estate Division and had passed the environment risk assessment. Councilmember Kendrick moved to accept the property, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. B. Approval of Lease Agreement with CSX Railroad for tract at the end of King Street. This item was removed from the agenda per Council action at the beginning of the meeting. 8. Consideration of Law Road improvements. Assistant City Manager Jimmy Teal presented this item. Mr. Teal stated the project was tentatively scheduled for the 1998 bond project and would probably be completed in the summer of 1998. The City Council took action on March 3, 1997, to follow the recommendation from the Streets and Roads Committee and City Staff, to reconstruct Law Road between Ramsey Street and Eunice Drive, with an additional left-turn lane on Law Road and a right-turn lane on Ramsey Street. Councilmember Smith requested that the staff look into the drainage problem on Law Road, beginning at Randolph intersection and further down at Myers Court. Mr. Teal stated that the design was in the planning stage to address the drainage problem. He stated the construction costs projected now for this project are about $200,000, but to do all of Law Road would cost approximately $700,000. Mr. Teal stated he would look at the issue. Councilmember Smith requested that the timing on the stoplight at Law Road and Ramsey Street be looked at. 9. A. Consideration of approval of Annexation Plan. Interim City Manager Roger Stancil presented this item. Mr. Stancil stated that it was important for the City to continue to do annexation the correct way and not annex more than they can service. He stated PWC had expressed a concern that Phase 3 of the annexation plan for 1998 was more than they could handle insofar as the provision of water and sewer services. Mr. Stancil stated it was his opinion that the transition agreement with the Bonnie Doone Fire Department needed to be finalized. The finalization of the agreement would result in the City becoming owners of the fire station, the police sub-station, fire trucks, and all fire equipment. Mr. Stancil stated that because of these concerns, both PWC and the staff recommended the adoption of the concept of splitting the 1998 annexation in half and doing the Bonnie Doone area only. The Lafayette Village area would be annexed in the year 2000. Mr. Stancil stated that there was an equal need in both areas for sewer due to septic tank failures, but because of the transition agreement, it would be best in his opinion for the City to split the area so that services could be provided within the two-year time span. A discussion was held regarding the voting rights issue and which of the two areas had the biggest need for PWC services. Councilmember Kendrick requested information on the percentages of septic tank failures in each area. Mr. Stancil recommended setting a special meeting for September 29, 1997, for the consideration of adopting a new annexation plan for 1998 and for the consideration of setting long term annexation plans to take the City through the year 2010. Councilmember Dempster moved to split the 1998 annexation phase 3 plan, to include proceeding with the Bonnie Doone area only and to set a special meeting for September 29, 1997. Councilmember Massey seconded the motion. Further discussion was held regarding the voting rights issue and the services needed in each area. Mayor Dawkins reminded Council that the North Carolina Legislature is currently attacking annexation and there is no way to know what the future will hold. Mayor Dawkins called for the vote and the motion carried unanimously by a vote of 9 to 0. B. Refer development of future annexation phases to Planning Commission. Mayor Dawkins stated the Council agreed with sending the future annexation phases to the City Planning Commission and the staff should move forward. 10. Consideration of setting special joint meeting with Planning Commission. (Suggested date: December 16, 1997). Councilmember Kendrick moved to set a joint meeting with the the Planning Commission for December 16, 1997, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 9 to 0. 11. Consideration of items for referral to City County Liaison Committee. A. Discussion of request from the Hope Mills Board of Commissioners to extend their Municipal Influence Area to include the County Industrial Park. Mayor Pro Tem Blackwell stated that this item would be added to the next City-County Liaison Committee agenda. Councilmember Smith requested that discussion regarding joint meetings of the City Council and the County Commissioners be added to the agenda also. 12. APPOINTMENTS: A. Senior Citizens Advisory Commission - nominations to fill two vacancies. Mayor Dawkins announced that Bernice Oxendine had sent in a letter of resignation and the Commission now had three vacancies which needed nominations. The following nominations were made: 1. Mr. Nat Robertson, Sr., reappointed for a 2nd term. 2. Mr. Robert Kugelmann, nominated for a 1st term. 3. Ms. Sarah C. Gonzales, nominated for a 1st two-year term. 4. Mr. Hubert L. Gibson, nominated for a 1st two-year term. B. Reconsideration of condemnation of storm drainage easement on Comet Circle - Parcel S-2. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO R1997-086. Mayor Pro Tem Blackwell moved to adopt the resolution, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. C. Request to go into executive session to discuss economic development. Mayor Pro Tem Blackwell moved to go into executive session to discuss economic development, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. The regular session adjourned at 9:00 p.m. for the executive session. The regular session resumed at 9:30 p.m. 13. ADMINISTRATIVE REPORTS: A. Report on Economic Development Management Team. B. Report on park in memory of Martin Luther King, Jr. Interim City Manager Roger Stancil stated he would like to get professional opinions and look at other sites since the North Carolina Department of Transportation had reservations on the proposed site. C. Report on facilitator for Council retreat. D. Report on Police Athletic League boxing proposal. Councilmember Cheek moved to refer this issue to the Human Relations Commission and the Risk Management Department for more information and input, seconded by Councilmember Ross and carried unanimously by a vote of 9 to 0. INFORMATION ON PUBLIC HEARINGS SET: SEPTEMBER 15, 1997: Consideration of speed limit reduction on the following: Hilltop Avenue, Park Avenue, Park Street, Glen Place, General Lee Avenue, Goodview Drive, Summit Avenue, Morgan Lane, Claremont Street. INFORMATION ITEMS: 1. Report on jet-rodding operation per request from Councilmember Jim Smith. 2. Traffic Studies report on Spring Street. 3. Traffic Signal Investigation at Stamper Road and Rogers Drive. 4. Information on Alcohol/Drug Council of North Carolina. 5. Historic Resources Commission - minutes of July 22, 1997. 6. Appearance Commission - minutes of July 22, 1997. 7. Planning Commission - minutes of July 1, 1997. Zoning Commission - minutes of July 8, 1997. 8. Recreation and Parks Advisory Commission - minutes of June 9, 1997. 9. Airport Commission - minutes of July 29, 1997. 10. Special street name signs for St. James intersection. Councilmember Kendrick moved to adjourn the meeting, seconded by Councilmember Massey and carried unanimously by a vote of 9 to 0. There being no further business, the meeting adjourned at 9:40 p.m. SPECIAL MEETING SEPTEMBER 3, 1997 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING CAMELLIA ROOM RADISSON PRINCE CHARLES HOTEL 450 HAY STREET SEPTEMBER 3, 1997 6:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5) (arrived after meeting started); Mark Kendrick (District 6) (arrived after meeting started) Others Present: Robert C. Cogswell, Jr., City Attorney Ronald Rabun Interview of candidate for City Manager - Ronald Rabun. Mayor Dawkins called the meeting to order at 6:13 p.m. Councilmember Blackwell made a motion to excuse Councilmembers Cheek and Kendrick until they arrived, seconded by Councilmember Smith and carried unanimously. Councilmember Blackwell made a motion to approve the agenda, seconded by Councilmember Dempster and carried unanimously. Councilmember Ross made a motion to go into closed session at 6:15 p.m. for purposes of addressing the qualifications, competence, performance, character, fitness, conditions of appointment and conditions of initial employment of Ronald Rabun as the possible City Manager, seconded by Councilmember Blackwell and carried unanimously. Councilmember Massey made a motion to go back into open session at 9:06 p.m., seconded by Councilmember Smith and carried unanimously. Thereafter, Councilmember Massey made a motion to adjourn, seconded by Councilmember Smith and carried unanimously. There being no further business, the meeting was adjourned at 9:06 p.m. SPECIAL MEETING SEPTEMBER 8, 1997 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING CAMELLIA ROOM RADISSON PRINCE CHARLES HOTEL 450 HAY STREET SEPTEMBER 8, 1997 6:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2) (arrived after meeting started); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) (arrived after meeting started) Others Present: Roger L. Stancil, Interim City Manager Robert C. Cogswell, Jr., City Attorney Interview of candidate for City Manager - Roger L. Stancil. Mayor Dawkins called the meeting to order at 6:12 p.m. Councilmember Blackwell moved to approve the agenda, seconded by Councilmember Cheek and carried unanimously. Councilmember Blackwell made a motion to go into closed session at 6:23 p.m. for purposes of addressing the qualifications, competence, performance, character, fitness, conditions of appointment and conditions of initial employment of Roger L. Stancil as the possible City Manager, seconded by Councilmember Cheek and carried unanimously. Councilmember Kendrick made a motion to adjourn from closed session at 9:43 p.m., seconded by Councilmember Smith and carried unanimously. Thereafter, Councilmember McBryde made a motion to adjourn, seconded by Councilmember Smith and carried unanimously. There being no further business, the meeting was adjourned at 9:43 p.m. REGULAR MEETING SEPTEMBER 15, 1997 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER SEPTEMBER 15, 1997 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: Roger L. Stancil, Interim City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Karen Musgrave, Assistant City Attorney Victor Sharpe, Planning Division Manager Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Reverend Carl Frazier, of Hay Street United Methodist Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins stated that the official announcement had been made today that the Special Operations Airborne Museum would be located in Downtown Fayetteville. Mayor Dawkins stated the Character Education Concept for September 1997 was respect. 1. APPROVAL OF AGENDA Interim City Manager Roger Stancil requested to add the following items to the agenda: 1. Response by Interim City Manager to report of Special Investigator Cheryl Grant, dated March 25, 1997. 2. Request to set Special Meeting with Phil Van Hoy to discuss EEOC claims in closed session. Mr. Stancil stated that Mr. Van Hoy would be available on September 25, 26, 29 and 30 and October 1, 2 and 3. Mayor Pro Tem Blackwell moved to approve the agenda, seconded by Councilmember Smith. Councilmember Torrey requested to delay until the next meeting the Cheryl Grant report. Mr. Stancil stated that would be up to the Council but the special meeting with Mr. Van Hoy needed to be set. Councilmember Dempster stated he would like to read the report before any discussion took place. Mayor Pro Tem Blackwell requested to add to his motion Mr. Stancil's verbal response as Item 14B for approval tonight and he also requested a special meeting with Mr. Van Hoy be set for September 29, 1997. Councilmember Smith agreed to the additions to the motion. Mayor Dawkins called for the vote on the motion and the motion failed by a vote of 6 to 3, with Councilmembers Cheek, Dempster, McBryde, Kendrick, Torrey and Massey in opposition and Councilmembers Ross, Blackwell, and Smith in favor. Councilmember McBryde stated he would like the same motion but would like to delete Item 4 from the agenda, seconded by Councilmember Kendrick. Councilmember Dempster made a substitute motion to keep Item 4 and go with the EEOC with Mr. Van Hoy but do not do the report until after the Council has read it. City Attorney Robert C. Cogswell, Jr., stated that part of that motion would be the opposite of the main motion and would be out of order. He stated the adding back of Item 4 would be wrong but the other two items could stay. Mayor Dawkins called for a vote on Councilmember McBryde's motion and the vote was 5 to 4 to approve the agenda with the deletion of Item 4. Councilmember Ross stated that she wanted to change her vote because she had pushed the wrong button. City Attorney Cogswell stated this had been allowed in the past. Mayor Dawkins called for the second vote on Councilmember McBryde's motion and the motion failed by a vote of 5 to 4, with Councilmembers Ross, Massey, Dempster, Smith and Torrey in opposition and Councilmembers Cheek, Kendrick, McBryde and Blackwell in favor. Councilmember Dempster moved that Item 4 be in the agenda, that the verbal report is out and the EEOC with Mr. Van Hoy is fine. Councilmember Ross seconded this motion. Mayor Dawkins called for the vote and the motion failed by a vote of 5 to 4 with Councilmembers Cheek, Blackwell, McBryde, Smith and Kendrick in opposition and Councilmembers Torrey, Ross, Massey and Dempster in favor. Councilmember McBryde moved to exclude Item 4 and exclude the oral report until it could be read and to include the special meeting with Mr. Van Hoy, seconded by Councilmember Kendrick. Councilmember McBryde requested to withdraw his motion and then changed his mind and decided to leave it as it was stated. Councilmember Massey requested that Item 4 be read by the Mayor. Mayor Dawkins read the item and called for the vote. The motion failed by a vote of 5 to 4 with Councilmembers Ross, Torrey, Massey, Dempster, and Smith in opposition and Councilmembers Kendrick, McBryde, Blackwell and Cheek in favor. Councilmember McBryde moved to adjourn, seconded by Councilmember Kendrick. Mayor Dawkins called for the vote and the motion failed by a vote of 5 to 4. Councilmembers Ross, Dempster, Torrey, Smith and Massey were in opposition and Councilmembers Kendrick, McBryde, Cheek and Blackwell were in favor. Councilmember Dempster moved to accept the agenda as it is without any additions, seconded by Councilmember Torrey. Councilmember Cheek asked to clarify if the annexation material which had been delivered late would be included. Mayor Dawkins stated it would be because it was a numbered item. Mayor Dawkins called for the vote on the motion and the motion failed by a vote of 5 to 4 with Councilmembers Cheek, Blackwell, McBryde, Kendrick and Smith in opposition and Councilmembers Torrey, Dempster, Massey and Ross in favor. Councilmember Smith moved to approve the agenda with the two additions requested by the Interim City Manager, the verbatim report and the meeting with Mr. Van Hoy on the 29th. Councilmember Dempster seconded the motion. Mayor Dawkins called for a vote on the motion and the motion failed by a vote of 5 to 4, with Councilmembers Cheek, Blackwell, Torrey, McBryde and Kendrick in opposition and Councilmembers Smith, Dempster, Massey and Ross in favor. Councilmember Kendrick moved to adjourn the meeting, seconded by Councilmember McBryde. The motion failed by a vote of 5 to 4. Councilmembers Kendrick, McBryde, Blackwell and Cheek voted in favor and Councilmembers Ross, Massey, Dempster, Smith and Torrey voted in opposition. Councilmember Kendrick moved to approve the agenda with the exception of Item 4 and with the two additions recommended by the Interim City Manager, seconded by Councilmember Cheek. The motion failed by a vote of 5 to 4. Councilmembers Ross, Dempster, Torrey, Smith and Massey voted in opposition and Councilmembers Kendrick, McBryde, Blackwell and Cheek vote in favor. Councilmember Massey made a motion that be inclusion of both the report from Interim City Manager Stancil and the meeting with Attorney Van Hoy along with everything else in the packet to be moved forward, seconded by Councilmember Ross. Mayor Dawkins called for the vote and the motion failed by a vote of 5 to 4. Councilmembers Cheek, Blackwell, McBryde, Kendrick, and Torrey voted in opposition and Councilmembers Smith, Ross, Dempster and Massey voted in favor. Councilmember Torrey moved to approve the agenda as it is with no additions, seconded by Councilmember Massey. A discussion was held regarding the meeting with Mr. Van Hoy. Councilmember Dempster inquired as to whether there was any particular reason why the Council did not get the report prior to the meeting. Mr. Stancil stated that it had been completed this afternoon and he did not anticipate a conflict over hearing it. He stated the report could be done later but the Mr. Van Hoy issue needed to be resolved tonight. Councilmembers McBryde and Kendrick stated their problem was with Item 4 and not the additions. Mayor Dawkins called for the vote on Councilmember Torrey's motion and the motion failed by a vote of 5 to 4 with Councilmembers Cheek, Blackwell, McBryde, Smith and Kendrick in opposition and Councilmembers Torrey, Ross, Massey and Dempster in favor. Councilmember Smith inquired as to whether the written response is now a public document. He received an affirmative answer. Councilmember Smith then stated he would like to hear from Mr. Stancil and that a meeting needed to be set with Mr. Van Hoy. Councilmember Dempster moved to approve the agenda plus the verbal report by the Interim City Manager and the meeting with Mr. Van Hoy on the 29th, seconded by Councilmember Smith. Mayor Dawkins called for a vote on the motion and the motion failed by a vote of 5 to 4 with Councilmembers Cheek, Blackwell, McBryde, Kendrick and Torrey in opposition and Councilmembers Dempster, Smith, Ross and Massey in favor. Councilmember Massey moved that the agenda be approved with the addition of the Van Hoy meeting on the 29th, seconded by Councilmember Ross. Mayor Dawkins called for the vote and the motion failed by a vote of 5 to 4, with Councilmembers Cheek, McBryde, Blackwell, Smith and Kendrick voting in opposition and Councilmembers Torrey, Ross, Massey and Dempster voting in favor. Mayor Pro Tem Blackwell inquired as to whether the agenda could be approved just up to Item 4. He stated his reason for asking this was that people were present for a public hearing and he felt the meeting should go on. City Attorney Robert C. Cogswell, Jr., stated the agenda could be reconsidered at that point with five votes. Councilmember Dempster stated he prefers to approve the whole agenda. Mayor Pro Tem Blackwell stated he was just trying to get some movement. A discussion ensued and Mayor Pro Tem Blackwell withdrew his motion. Councilmember Torrey stated he would like to limit Interim City Manager Stancil's report to three minutes and moved to approve the agenda giving Interim City Manager three minutes to give the report and to add the meeting with Mr. Van Hoy on the 29th, seconded by Councilmember Ross. A discussion ensued regarding the time limit. Mayor Dawkins called for a vote on the motion and the motion failed a vote of 5 to 4 with Councilmembers Cheek, Blackwell, McBryde, Smith and Kendrick in opposition and Councilmembers Torrey, Massey, Dempster and Ross voting in favor. Further discussion ensued regarding the time limit for Mr. Stancil's report. Councilmember Massey moved to adopt the agenda giving the Interim City Manager seven minutes and adding the meeting with Mr. Van Hoy, seconded by Councilmember Torrey. Councilmember Smith made a substitute motion to go ahead with the agenda, knock out the time limit for the Interim City Manager to give his report and have time for the Council to ask questions of Mr. Stancil and to meet with Mr. Van Hoy on the 29th. Mayor Dawkins called for a vote on the motion and the motion failed by a vote of 5 to 4 with Councilmembers Cheek, Blackwell, McBryde, Kendrick and Torrey in opposition and Councilmembers Massey, Smith, Ross and Dempster in favor. Mayor Dawkins called for a five-minute recess. The regular meeting resumed and Councilmember Torrey moved to approve the agenda with the addition of the report by the Interim City Manager and to set a special meeting with Mr. Van Hoy for the 29th of September, seconded by Councilmember Ross. The motion carried by a vote of 5 to 4 with Councilmembers Ross, Dempster, Smith, Massey and Torrey voting in favor and Councilmembers Cheek, Blackwell, McBryde and Kendrick in opposition. 2. CONSENT: Mayor Pro Tem Blackwell moved to approve the consent agenda, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. A. Approve minutes of special meeting of August 22, 1997. B. Approve minutes of information meeting of August 25, 1997. C. Approve minutes of information meeting continued from August 25, 1997 and held on August 26, 1997. D. Approve minutes of special meeting of September 3, 1997. E. Approve minutes of special meeting of September 8, 1997. F. Adopt resolution of the City Council of the City of Fayetteville pursuant to N.C.G.S. 160A-31(C) fixing a date for a public hearing for a petition-initiated contiguous annexation area (Bill Property located on the west of Ramsey Street, north of Northgate Shopping Center)(Suggested public hearing date: October 6, 1997). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE PURSUANT TO N.C.G.S. 160A-31(C) FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION - INITIATED CONTIGUOUS ANNEXATION AREA {GOLDEN CORRAL RESTAURANT SITE (WESTERN SIDE OF RAMSEY STREET, NORTH OF NORTHGATE SHOPPING CENTER) - PROPERTY OF BILL PROPERTIES}. RESOLUTION NO. R1997-087. G. Approve conveyance of right-of-way along Airport Road to the N.C.DOT for improvement project. H. Adopt resolutions authorizing condemnation of Parcel E-1 and Parcel W-1 on Haigh Street for paving improvements. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1997-088. I. Approve conveyance of Lots 21, 22 and 23 of Habitat Village Phase I to Habitat for Humanity. J. Authorize Mayor to sign application to obtain financial assistance for Blounts Creek improvements in the Waterless Street area. K. Approve award of construction contract for intersection improvements and drainage on McPherson and Sycamore Dairy Roads to Barnhill Contracting Company, Inc., (Fayetteville, NC) sole bidder in the amount of $1,721,406.45. L. Approve request from Fayetteville State University to hang banner advertising 1997 Homecoming activities. Assistant City Manager Jimmy Teal recommended approval of the sign permit with the stipulation that Fayetteville State University receive permission from the utility it intends to use to hang the banner and the banner must be located 20 feet above the roadway as requested by the North Carolina Department of Transportation. M. Approve request from Time-Warner Cable for time extension for response to request for renewal proposal for franchise. N. Approve the rescheduling of the September 22, 1997, Information Meeting to September 29, 1997. O. Approve the following PWC bid awards: 1. Award contract for purchase of four 1600A Secondary Metering Enclosures, with option to order additional quantities within a 12-month period, to Rigby Electric Supply Company, (Rocky Mount, NC), low bidder, in the amount $20,216.00. Bids were received as follows: Rigby Electric (Rocky Mount, NC) $20,216.00 Wesco (Raleigh, NC) $21,128.00 Scott-Parish (Wake Forest, NC) $20,948.00 Gilbert/K&M (Beckley, WV) $25,528.00 2. Award contract for purchase of four 2500A Secondary Metering Enclosures, with option to order additional quantities within a 12-month period to Rigby Electric Supply Company, (Rocky Mount, NC), low bidder, in the amount of $21,696.00. Bids were received as follows: Rigby Electric (Rocky Mount, NC) $21,696.00 Wesco (Raleigh, NC) $22,464.00 Scott-Parish (Wake Forest, NC) $22,400.00 Gilbert/K&M (Beckley, WV) $28,000.00 3. Award contract for purchase of four 4000A Secondary Metering Enclosures, with option to order additional quantities within a 12-month period to Rigby Electric Supply Company, (Rocky Mount, NC), low bidder, in the amount of $24,688.00 Bids were received as follows: Rigby Electric (Rocky Mount, NC) $24,688.00 Wesco (Raleigh, NC) $25,860.00 Scott-Parish (Wake Forest, NC) $25,600.00 Gilbert/K&M (Beckley, WV) $39,540.00 4. Award contract for purchase of 30,000' of 750 MCM AL EPR 25KV 1/C LCS Cable, with option to order additional quantities within a 12-month period to Rigby Electric Supply Company (Rocky Mount, NC), low evaluated bidder, in the amount of $124,890.00. Bids were received as follows: Rigby Electric (Rocky Mount, NC) $124,890.00 Wesco (Raleigh, NC) $126,483.60 Power Supply (Matthews, NC) $130,350.00 Scott-Parish (Wake Forest, NC) (Bid Not Guaranteed) $123,690.00 5. Award contract for purchase of 20,000' of 750 MCM AL EPR 1/C CN Cable, with option to order additional quantities within a 12-month period to Rigby Electric Supply Company (Rocky Mount, NC), low evaluated bidder, in the amount of $82,860.00. Bids were received as follows: Rigby Electric (Rocky Mount, NC) $82,860.00 Wesco (Raleigh, NC) $82,042.20 Power Supply (Matthews, NC) $89,880.00 Scott-Parish (Wake Forest, NC) (Bid Not Guaranteed) $131,600.00 6. Award contract for purchase of two 2500KVA Padmounted Transformers, with option to order additional quantities within a 12-month period to Scott-Parish Electrical Supply (Wake Forest, NC) low evaluated bid, in the amount of $42,400.00. Bids were received as follows: Scott-Parish (Wake Forest, NC) $42,400.00 Power Supply (Matthews, NC) (Non-compliant bid) $38,006.00 Rigby Electric (Rocky Mount,NC) (Non-compliant bid) $52,172.00 Wesco (Raleigh, NC) (Non-compliant bid) $38,666.00 7. Award contract for purchase of 100 50KVA Transformers, with option to order additional quantities within a 12-month period to National Transformer Sales (Raleigh, NC) low evaluated bidder, in the amount of $116,700.00. Bids were received as follows: National Transformer (Raleigh, NC) $116,700.00 Power Supply (Matthews, NC) $115,950.00 Rigby Electric (Rocky Mount, NC) $129,100.00 Wesco (Raleigh, NC) $139,800.00 Scott-Parish (Wake Forest, NC) $129,000.00 Kuhlmann (Versailles, KY) (Non-compliant bid) $120,200.00 8. Award contract for purchase of 15,500' of 24 count ADSS Fiber Optic Cable to Graybar Electric Company, Inc., (Charlotte, NC) low bidder, in the amount of $15,453.50. Bids were received as follows: Graybar Electric (Charlotte, NC) $15,453.50 Alcoa Fijukura (Davidson, NC) $16,585.00 Anixter (Durham, NC) $18,600.00 Wesco (Raleigh, NC) $22,630.00 Power & Telephone (Memphis, TN) $15,484.50 9. Award contract for purchase of 22,300' of 144 count ADSS Fiber Optic Cable to Graybar Electric Company, Inc. (Charlotte, NC) low bidder, in the amount of $99,101.20. Bids were received as follows: Graybar Electric (Charlotte, NC) $99,101.20 Alcoa Fijukura (Davidson, NC) $101,019.00 Anixter (Durham, NC) $119,082.00 Wesco (Raleigh, NC) $115,960.00 Power & Telephone (Memphis, TN) $99,235.00 10. Award contract for construction of the Raeford Road/Cliffdale Road to Hoke County 16" Water Main to Colt Contracting Company (Clinton, NC) low bidder, in the amount of $228,447.00.. Bids were received as follows: Colt Contracting Co. (Clinton, NC) $228,447.00 Brewer's Excavating, Inc. (Rural Hall, NC) $256,671.00 R.H. Moore Co., Inc. (Murrells Inlet, SC) $288,295.00 Blue Construction Co. (Sanford, NC) $289,340.00 T.A. Loving Company (Goldsboro, NC) $324,350.00 Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1997. 3. PUBLIC HEARINGS: A. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour on the following streets: Hilltop Avenue; Park Avenue; Park Street; Glen Place; General Lee Avenue; Goodview Drive; Summit Avenue; Morgan Lane; Claremont Street. Assistant City Manager Jimmy Teal presented this item. This is the advertised public hearing set for this date and time. The public hearing opened at 8:00 p.m. Miss Christine Coffman, 1309 General Lee Avenue, Fayetteville, NC, appeared in favor of the speed reduction. There being no one further to speak either in favor or opposition, the public hearing closed at 8:01 p.m. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1997-023. Councilmember Cheek moved to adopt the ordinance to be effective September 26, 1997, seconded by Councilmember Kendrick and carried unanimously by a vote of 9 to 0. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1997. B. (P97-35F) Consideration of the rezoning from P1 Professional District to C1 Local Business District or to a more restrictive zoning classification for an area located at 1818 Murchison Road. Containing .17 acres more or less and being the property of Thomas and Jeanette Council as evidenced by deed recorded in deed book 4664, page 433, Cumberland County Registry. Mr. Victor Sharpe, Planning Division Manager, presented this item. Mr. Sharpe stated the Zoning Commission recommended approval of the rezoning request and the staff recommended denial. This is the advertised public hearing set for this date and time. The public hearing opened at 8:07 p.m. Appearing in favor of the rezoning was Mr. Clinton Harris, 4713 Watauga Road, Fayetteville, NC; Ms. Jeannette Council, 3310 Lake Bend Drive, Fayetteville, NC; and Mr. Imam E. Muhammad, 1207-D Murchison Road, Fayetteville, NC. Appearing in opposition were Mr. Joseph A Johnson, Miss Ernestine Allen, Miss Janie C. Chavis, Ms. Rosie Kemp, and Mr. David L. Pugh. No addresses were listed or stated on sign-up sheets for these speakers. There being no one further to speak either in favor or opposition, the public hearing closed at 8:31 p.m. Councilmember Ross moved to rezone the property from P-1 to C-1, seconded by Councilmember Torrey. A discussion ensued regarding the need for further development on Murchison Road, the types of businesses that could be put in the area, and the possible use of special use permits. Councilmember Torrey stated he was appalled at the opposition to this rezoning. He expressed his desire for a performing arts center for the children of the neighborhood. Mayor Dawkins asked that City Council refrain from naming specific businesses with things that occurred on their premises unless the Council as a group was prepared to follow through with the statements that they were making. Mayor Dawkins called for the vote on the motion to rezone and the motion passed by a vote of 5 to 4 with Councilmembers McBryde, Torrey, Massey, Ross and Dempster in favor and Councilmembers Blackwell, Smith, Kendrick and Cheek in opposition. Mayor Dawkins stated that the vote was one vote short for the two thirds vote required to rezone the area and therefore this item would be placed on the next agenda for a second reading with no discussion or debate on the issue. C. P97-39F. Consideration of the rezoning from P2 Professional District to C1 Local Business District or to a more restrictive zoning classification for an area located on the southwest corner of the intersection of Pamalee Drive (US 401 Bypass) and Cain Road. Containing 1.02 acres more or less and being the property of Jack A. Watson as evidenced by deed recorded in Deed Book 4594, page 59, Cumberland County Registry. Ms. Kathy Kem, of the Planning Staff Division presented this item. Ms. Kem stated that in July of 1997, the Cain Road corridor study was done on this area and there were no recommended changes in the land use plan for this parcel. Ms. Kem stated the Council had denied a previous request for rezoning on this property in 1995 and the Zoning Commission had recommended denial of this request. Ms. Kem informed the Council that a valid protest petition had been filed and a three-fourths vote would be required on this motion. This is the advertised public hearing set for this date and time. The public hearing opened at 8:50 p.m. Mr. Jack A. Watson, 515 Martine Road, Fayetteville, NC, appeared in favor. Appearing in opposition were Mr. Willis A. Britt, 1308 Everglade Drive, Fayetteville, NC; Mr. L.D. Jones, 996 Helen Street, Fayetteville, NC; and Mr. David C. Beard, 1442 Valencia Drive, Fayetteville, NC. There being no one further to speak either in favor or opposition, the public hearing closed at 9:10 p.m. Councilmember Cheek moved to deny the rezoning, seconded by Councilmember Torrey. A discussion was held regarding site-plan approvals in a C-1 zone, the potential traffic problems in the area, and the North Carolina Department of Transportation's control of turn lanes on Pamalee Drive. Councilmember Dempster stated the Council needed to be consistent and he felt the corner lot was appropriate for commercial development. Councilmember Cheek stated she felt the Council should listen to the planners and follow their recommendations. Councilmember Torrey stated there was a need to honor the living as well as the dead and the graveyard in the area should not have to be moved. Mayor Dawkins called for the vote on the motion to deny the rezoning and the motion passed by a vote of 6 to 3 with Councilmembers Cheek, Blackwell, McBryde, Smith, Kendrick and Torrey in favor and Councilmembers Ross, Massey and Dempster in opposition. Councilmember Kendrick requested that a study be done of the permitted uses in C-1, C-2, and C-3 zones. Councilmember Smith requested that Ms. Kem, in the future, provide the names of the members present and absent for the Zoning and Planning Commissions. 4. Closed session to consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of Ronald Rabun or Roger Stancil for the position of City Manager. (Requested by Councilmember Chris Dempster.) Councilmember Smith moved to go into closed session to discuss the possible employment of Ron Rabun or Roger Stancil for the position of City Manager, seconded by Councilmember Dempster and carried by a vote of 5 to 4 with Councilmembers Torrey, Smith, Dempster, Massey and Ross in favor and Councilmembers McBryde, Blackwell, Kendrick and Cheek in opposition. The closed session began at 9:20 p.m. The regular session resumed at 10:02 p.m. Councilmember Dempster moved to hire Mr. Ronald H. Rabun as the next City Manager for $110,000 a year with a six-month severance and everything else that is in the contract furnished by the City Attorney Mr. Robert C. Cogswell, Jr., that is consistent with other North Carolina municipalities and is consistent with other information provided to the Council by the City Attorney at the City Council's request, seconded by Councilmember Ross. An in-depth discussion was held with all Councilmembers stating their position on the motion. Councilmembers Kendrick, McBryde, Blackwell and Cheek stated their opposition and Councilmembers Torrey, Massey, Dempster, Smith and Ross expressed their support for this motion. Mayor Dawkins called for the vote. The motion to hire Mr. Ronald Rabun passed by a vote of 5 to 4 with Councilmembers Torrey, Smith, Massey, Dempster and Ross in favor and Councilmembers McBryde, Blackwell, Kendrick and Cheek in opposition. 5. P97-38F. Consideration of the rezoning from C3 Heavy Commercial District and R10 Residential District to R5A Residential District or to a more restrictive zoning classification for an area located west of Levy Drive and south of Robeson Street. Containing 2.56 acres more or less and being the property of Ashton Development Group, Inc. as evidenced by deed recorded in Deed Book 4604, page 454, Cumberland County Registry. Ms. Kathy Kem presented this item. Ms. Kem stated the Zoning Commission recommended approval and the 2010 Plan recommended heavy commercial use. Councilmember Kendrick moved to approve the rezoning of the C-3 and R-10 to an R-5A, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. Councilmember Kendrick moved to petition the North Carolina Department of Transportation for a traffic signal at the intersection of Levy Drive and Robeson Street, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. 6. P97-43F. The rezoning from C1 Local Business District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 2229 Southern Avenue. Containing 1.24 acres more or less and being the property of Franklin B. Maness as evidenced by deed recorded in Deed Book 3589, Page 140, Cumberland County Registry. Mr. Victor Sharpe, the Planning Division Manager, presented this item. Mr. Sharpe stated the Zoning Commission recommended approval. Councilmember Kendrick inquired about the required buffering. Mr. Sharpe stated the buffering would be on both the side street as well as the adjacent side of the property. Councilmember Kendrick moved to approve the rezoning, seconded by Mayor Pro Tem Blackwell and carried by a vote of 8 to 1 with Councilmember Massey in opposition. 7. Consideration of operating data and implementation steps for the Phase 3 annexation. Interim City Manager Roger Stancil presented this item. He stated that on September 29, the infrastructure data to include PWC, drainage and all other costs to the City would be presented to the Council. Deputy Fire Chief James Hall, Chairman of the Annexation Implementation Team, presented the Operating Data Report and advised Council of the steps that would be used in the annexation process. Chief Hall also gave projections of the additional personnel, the operating services which would be required and the capital outlay summary. Councilmember Kendrick expressed his concern about Area 3-B, Lafayette Village, not being annexed when it has a higher rate of septic tank failure and asked when it would be annexed. Interim City Manager Roger Stancil requested approval of the northern area 3-A and stated he would have staff come back to Council with information on Area 3-B at a later date. 8. Consideration of approval of change orders for Police Administration Building. Interim City Manager Roger Stancil presented this item. Mr. Stancil informed the Council that the project is approximately five weeks ahead of schedule and this change order will reduce the current total cost from $7,802,376.67 by $3,222.88 to bring the total to $7,799,153.79. Mr. Stancil stated that Mr. Curtis Hancock deserved the credit for the status of this project. Councilmember Cheek moved to approve the change order, seconded by Councilmember Kendrick and carried unanimously by a vote of 9 to 0. 9. Consideration of approval of Lease Agreement with CSX Railroad for tract at the end of King Street. Mayor Pro Tem Blackwell moved to approve, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. 10. Consideration of the relocation of residents of Marsh Street. Councilmember Ross expressed her concern for the five families left on Marsh Street. Ms. Ross stated that it was really dark in that area and she expressed her hope that these families would be moved along with the families from Eufaula Street. 11. Consideration of items for referral to City-County Liaison Committee. There were no items referred to the City-County Liaison Committee. 12. Consideration of voting delegate and alternates for the National League of Cities Conference, December 3-6, 1997, in Philadelphia, PA. Councilmember Torrey moved that the Mayor position be the voting delegate and the Mayor Pro Tem be the alternate delegate to the National League of Cities Conference, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. 13. APPOINTMENTS: A. Election of nominees to fill three vacancies on the Senior Citizens Advisory Commission. The following appointments were made: 1. Mr. Nate Robertson, Sr., was appointed to his second term. His second term will expire September 30, 1999. 2. Mr. Hubert L. Gibson, was appointed to fill in the term of Ms. Bernice Oxendine. This term will expire on September 30, 1998. 3. Sarah Gonzales was appointed for her first two-year term, which will expire September 30, 1999. 14. ADMINISTRATIVE REPORTS: A. Report from PWC on policy regarding extension of utilities to properties contiguous to the City limits (Longview Green Apartments and Golden Corral). Interim City Manager Roger Stancil stated he wanted this report made to Council because it appeared action had been taken contrary to what he had told Council on the night of the proposed annexation of Longview Greens and his statement was based on his understanding of the policy of the extension of water and sewer and how it applied to that project. Mr. Stancil stated it not only concerned him that a building permit had been issued for Longview Greens but earlier tonight a public hearing had been set for a Golden Corral development annexation and a building permit had already been issued for that project also. Mr. Steve Blanchard, Manager of PWC, gave an overview of the history of the policy on water and sewer extension which was originally effective in November 1971 prior to the City's ability to annex. He stated that he felt the policy had been outdated since the joint decision had been made in 1994 by the City and County that PWC would become the water and sewer supplier in the City of Fayetteville and Cumberland County especially the urban service district. Mr. Blanchard explained that the property surrounding the Longview project had been developed and water and sewer mains had already been installed in the area to service existing businesses by agreement. Therefore, there was no need for PWC to extend mains for the Longview Greens Project because of an agreement with the previous property owners and Mr. Duggins would be allowed to tap on to the existing mains. Mr. Blanchard stated that due to a participatory clause in the recorded easement PWC would be paying from $2,000 to $3,000 of the project cost or the equivalent of one-third of the cost. However, if Mr. Duggins requested annexation and was denied, Mr. Duggins would forfeit PWC's share. Mr. Blanchard stated that since January of this year, there will no longer be any fee participation by PWC. Mr. Blanchard stated that the Longview Project could be completed without being annexed into the City because the water and sewer mains are already installed and Mr. Duggins had a agreement with the previous property owners which allowed him tap-on privileges. A discussion was held by Council. B. Response by Interim City Manager to report of special investigator, Cheryl Grant, dated March 25, 1997. Below is the attachment of these minutes is the full text of this report. Response by Interim City Manager to report of Special Investigator Cheryl Grant dated March 25, 1997. Introduction This report is merely the beginning of our response to the report of Cheryl Grant. My attempt in this first response is to clarify the issues, shed some light on what we have done in the past and set a direction for the future. The next step is for the City Council to meet with the City's attorneys to discuss individual cases and determine the City's legal position. Mr. Van Hoy, who represents the City in the cases noted by Ms. Grant, is available to meet with Council on September 25 and September 26. As we seek to rebuild trust and redevelop relationships, we will share valid information with the community and our employees so they can understand for themselves where we have been, where we are, and where we go in the future. Roger L. Stancil Interim City Manager Monday, September 15, 1997 City of Fayetteville Response to the Cheryl Grant Report Reading the report of Cheryl Grant produces mixed feelings. In fact, as one person told me, each time he read the report he had a different perspective and interpretation. As I have said all along, the real test is not what an outside consultant says but how we as a community and as an organization deal with the issues before us. First, let me address the issue of racism in our city organization. Does it exist? Unfortunately, it does. Racism is an attitude. Racism is a human issue and often pierces both ways. It is often imperceptible and, as a member of our city's senior management team was quoted by Ms. Grant, it can be so subtle that it is "Unrecognized but by a few". Racism exists in our organization because we are a microcosm of the community we represent, because we, better than anyone else, have developed a work force that is representative of our community and looks like the people we serve. Racism, sexism and prejudice are attitudes that get in our way. They distract us from working together. But attitudes are difficult, if not impossible, to regulate. Changing attitudes is a long, slow, hard process that requires we first acknowledge they exist and then seek solutions with commitment . I have started actions both within our organization and within the community to begin that process. Discrimination is action and conduct. Does the City of Fayetteville as an organization tolerate racism, sexism and prejudice? Do I, as the interim city manager, condone racism, prejudice and sexism in our organizational life? Does our senior management team tolerate discrimination in our policies, procedures and practices? Absolutely not. Discrimination is illegal. Might we take actions that could be interpreted as discriminatory? Every management action is subject to varying interpretations by different people and even by the same people on different days, much the same as the reaction to the Grant Report itself. Ms. Grant stated that she was not employed to do a "complete or full audit of the police department or a complete and detailed investigation of the claims of the police officers who filed civil rights claims". She did point to particular cases in which she believed the city exposed itself to liability. She did identify procedures and policies which caused her concern. Therefore, I recommend that City Council set a special meeting with its attorney Mr. Phil Van Hoy to discuss the legal issues of the cases noted by Ms. Grant. Council then can decide how it wants to direct its legal and administrative staff to deal with those issues. On page 14b of her report, Ms. Grant lists several specific recommendations. Below are listed actions I have taken on each: 1. "Establish a separate office for all employees to file EEOC complaints". -- Although EEOC complaints can only be filed with EEOC, I share Ms. Grant's concern that City employees need to know they have a safe place where they can discuss their concerns about equal opportunity, safety and other working conditions. I asked the Employee Relations Team to address this issue. Their recommendations are attached. I started the process of involving our employees in developing new ways to address this need. -- The Human Relations Commission and staff have special responsibility to address equal opportunity and other employee concerns. I have addressed these concerns with the Chair of that Commission, the Interim Department Director and the Human Relations Division Manager. I also assured the chair that we will work closely with her in developing ways to enable the Commission to act on the powers already given it by the Council. I also directed the staff to assist in this process and make necessary recommendations to me and to City Council. -- I refocused our Personnel Department into a Human Resources Department with renewed emphasis on employee relations as well as training and development. I started the search for a director that will allow us to be fully staffed in this critical department. I will involve affected parties such as the Personnel Review Board, employees and department directors in the development of the job description for the director so that it reflects their concerns and needs. 1. "Do not allow OPS to investigate EEOC complaints" The Office of Professional Standards does not investigate EEOC complaints. OPS did investigate untruthful allegations against fellow officers arising from the interviews by Captain Shambley and Major Moyd. Of the 60 black officers interviewed, only one black officer was disciplined for making false statements against other offficers. That action was a result of untruthful statements, not because of racism complaints. That incident is included in the cases that will be reviewed with Council by Mr. Van Hoy. "Initiate diversity training for all senior managers and their subordinate" We have for some time conducted and continue to conduct diversity training for all members of the Fayetteville Police Department. I directed the Human Resources Director to include such training in our development planning. I also asked the Employee Relations Team to address this issue. However, diversity training alone accomplishes nothing. To be successful, it must be a part of a much larger effort to change attitudes and to build relationships. The Team's recommendations address those larger issues. 1. "The City of Fayetteville should empower the Human Relations Commission to perform its statutory and ordinance duties." The ordinance establishing the Commission provides adequate empowerment. As stated in 1B above, I recently discussed the role of the Commission with its Chair as well as with city staff and representatives of the NAACP. We committed ourselves to work together to improve the effectiveness of the Commission and the staff in performing their assigned responsibilities. "The City of Fayetteville should establish City-wide rules and procedures governing the filing and investigation of Civil Rights or Human Rights claims." As we strengthen our capacity and address the issues raised by the Employee Relations Team, we will review current City-wide polices and revise where appropriate, establishing new policies as necessary. Other concerns raised by the Grant Report Interviews Ms. Grant based most of her work on interviews with 42 current police officers. There are 383 employees in the Police Department and 1192 total employees in the City. I have asked the Interim Human Resources Director to review Ms. Grant's interview process, along with other recent employee surveys we have conducted. If appropriate, we will conduct other surveys and employee focus groups to supplement the information available to us. The recommendations of the Employee Relations Team also include an annual employee survey. The results of those surveys will be shared with management and Council. We believe that asking our employees what they think is important. Promotion procedures Ms. Grant stated that the "biggest area of concern of the African-American officers was trying to get the City to develop fair promotion procedures". The development and administration of those procedures is the shared responsibility of the Human Resources Department and the Police Chief. Those procedures are adjusted regularly as barriers are identified and concerns are raised by employees. The assessment panels for many years have consisted of representatives of various interested parties such as minorities, females, community representatives, and law enforcement officers from other jurisdictions. I have asked the Interim Human Resources Director to seek ideas and suggestions on ways to improve those procedures from the Police Department employees who are most affected by those procedures, those who have just been through them and those who will go through them in the near future. That input will be incorporated into any development of new procedures. Low Pay Ms. Grant stated this was a concern to officers. It is also reflected in the report of the Employee Relations Team. The proposed pay plan enhancements for Cumberland County to be effective January 1, 1998, will make this a critical issue for the City. That issue will come before Council once the specifics of the County pay enhancements become known to City management. Recruitment Ms. Grant discusses the difficulty in recruitment in some detail and cites various reasons for this. The City of Fayetteville for many years has taken numerous steps to recruit the best city employees, including but not limited to: special academies; eliminating the written examination and IQ test; recruitment targeting of the military, universities and community colleges; and searching for experienced lateral entries. We constantly evaluate and eliminate barriers to effective recruitment. To facilitate and enhance our affirmative action efforts City-wide, I have directed the Interim Human Resources Director to work with minority and other community groups to develop an affirmative action plan that includes strategies and accountability and not merely numbers. We are already working with a committee from the NAACP. Rules and Procedures Ms. Grant states that the department is "driven by rules and discipline" and cites how that may stifle communicationand keep managers always involved in departmental investigations. Her report acknowledges the impact of accreditation on rules. She also states that " the movement of men and women out of the organization is constant." She associates this with many reasons, including the military transfers of spouses, low pay, job dissatisfaction, termination, family considerations and career choices. The result is that a large number of city police officers are inexperienced, having less than three years of experience on the job. We saw the $1 million-plus cost of too few rules and procedures in "Spell vs. City of Fayetteville". Close supervision is a must when relatively inexperienced officers are responding to dangerous and high stress situations without much time to deliberate over the right decision. We must balance these concerns with the needs of employees to be involved in the daily operation of a police department. While we have employed such techniques as quality circles, supervisory ride-along, career counseling and anonymous e-mail to encourage input, in light of Ms. Grant's report and the Employee Relations Team report, I have asked the Police Chief and the Interim Human Resources Director to review with me ways we can take a new look at our communication efforts. Employees share the responsibility to make such systems work. Community Policing "We are committed to leading the community problem-solving efforts that improve the quality of life of all citizens of Fayetteville. We will work assertively with the community to address the underlying condition that leads to crime and disorder." Ms. Grant found that the "managers and line officers of the FPD take this mission statement seriously". She found that "citizen's complaints and their responses to the citizen surveys conducted by the police department are important to the managers of the FPD. Citizen complaints are investigated at the same intensity as departmental complaints. Police officers are disciplined for misconduct". Professionalism Ms. Grant found that " Being a professional police officer at all times is an important value to the overall character of the FPD. The FPD is committed to training, education, individual self-discipline, service orientation and other attributes of a true profession." She found that "there is a commonality of purpose, values, character, and needs between the men and women of FPD." She concluded that the "City of Fayetteville can be proud of its police department under its current leadership." Clearly, there is a challenge before us and much work to be done. But the challenge is manageable, not terminal, because of the professionalism and commitment to excellence throughout the City. While we seek improvement, we must recognize the excellent work our employees do every day. Without this recognition, engaging our employees in the improvement process will be fruitless. Ours is the City Team that put together the most successful NC League of Municipalities Convention ever in 1993. This is the team that managed the overwhelmingly successful annexation of 1996, followed closely by the hard work to overcome the devastation of Hurricane Fran. This is the team whose fiscal management efforts are recognized and whose annexation work is applauded around the state. Our employees are engaged in this hard work through the Employee Relations Team. The Chamber of Commerce and the NAACP recently convened the community in a discussion of the issues that face us. We sought the assistance of the National Civic League and the best trainers we can find to assist us in this dialogue. I anticipate our challenge with this wisdom of James Thurber, a cartoonist and unexpected philosopher: "Let us not look back in anger, nor forward in fear, but around in awareness." THIS RESPONSE DISTRIBUTED TO CITY COUNCIL SEPTEMBER 15, 1997 INFORMATION ITEMS: 1. Information requested on septic tank failures. 2. Statement of taxes collected for the month of August, 1997, from the Cumberland County Tax Collector. 1997 Taxes $10,390,625.26 1997 Vehicle Taxes 182,526.21 1997 Revit 7,185.02 1997 Vehicle Revit 222.75 1997 FVT 23,885.00 1997 Storm Water 691,957.44 1996 Taxes 28,595.24 1996 Vehicle Taxes 36,649.21 1996 REV 48.58 1996 Vehicle REV 2.98 1996 FVT 4,953.22 1996 Storm Water 4,484.74 1995 Taxes 6,150.86 1995 Vehicle Taxes 688.60 1995 Vehicle Revit 0.00 1995 Revit 0.00 1995 FVT 105.00 1995 Storm Water 1,246.87 1994 Taxes 2,869.47 1994 Vehicle Taxes 14.26 1994 Revit 0.00 1994 Vehicle Revit 0.00 1994 FVT 10.00 1993 & Prior Taxes 8,503.07 1993 Vehicle Taxes 30.86 1993 & Prior Revit 0.00 1993 & Prior Vehicle Revit 0.00 1993 & Prior FVT 62.17 Interest 7,999.32 Interest (Revit) 3.87 Interest (Storm Water) 543.77 Fayetteville Discount (207,292.98) Revit. Discount (143.70) Total Collections $11,191,927.09 3. Information on a memorial park for Dr. Martin L. King, Jr. 4. Information regarding the NCLM Annual Business Meeting to be held on October 20, 1997, Raleigh Convention and Conference Center. 5. Notes from the HUD Place-Based Management Concept Meeting, Arts Center, August 28, 1997. 6. Update on Seat Belt Survey. 7. Report on follow-up study of traffic operations at Hay Street/Bradford Avenue/Woodside Avenue. 8. Police Department - monthly report for the Office of Professional Standards for the month of August, 1997. 9. City-County Liaison Committee - minutes of June 26 and July 24, 1997. 10. FACVB - minutes of August 7, 1997. 11. FAEDC - minutes of August 19, 1997. 12. PWC - minutes of August 13, 1997. Councilmemenber McBryde moved to adjourn the meeting, seconded by Councilmember Kendrick and carried unanimously by a vote of 9 to 0. There being no further business, the meeting was adjourned at 11:59 p.m. INFORMATION MEETING SEPTEMBER 29, 1997 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING SEPTEMBER 29, 1997 7:00 P.M. CITY HALL COUNCIL CHAMBER Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: Ronald H. Rabun, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Karen Musgrave, Assistant City Attorney Kai Nelson, Finance Director Victor Sharpe, Planning Division Manager Steve Blanchard, PWC, Manager Jason Brady, Public Information Officer Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Councilmember Mark Kendrick, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: The Mayor introduced Miss Fayetteville 1998, Lorna Hazel McNeill. Following her recognition by the Mayor, she made a few comments to the audience. She was presented a Certificate of Appreciation by the Mayor. 1. AGENDA On motion of Councilmember Massey, seconded by Councilmember Torrey, the agenda was approved with Item 5 being moved as Item 12A, Item 12 becoming Item 12-B, and Item 12-A, 12-B and 13, all being closed sessions. The motion carried with a vote of 5 to 4, with Councilmembers Torrey, Smith, Dempster, Massey and Ross voting in the affirmative, and Councilmembers Kendrick, Blackwell, Cheek and McBryde voting in the negative. 2. Consideration of request to address City Council from Raymond Shipman, President, Fayetteville Branch, NAACP.: Raymond Shipman, Cumberland County President of the Local Chapter of the NAACP, made an oral presentation to the Council. Attached as Exhibit 1 of these the minutes is the full text of his presentation. 3. Consideration of request to address the City Council from Emma Green. Dr. Emma Green, of 1808 Edgecombe Avenue, Fayetteville, NC, who serves as an appointed member of the Fayetteville Appearance Commission. She recently began the process of purchasing the property of 144 Blount Street. She has received since that time, a bill for cleaning of this property and believes it to be in error. She has inspected the property and found that some of the property is clean and other parts of the property are not clean, although the city has paid to have the lot cleaned. The amount of the bill is $195.00. In her opinion, as of Saturday, September 27, 1997, the entire lot has not been cleaned but only portions. After the presentation by Dr. Green, Mr. Stancil stated to Council that Dr. Green had contacted him and thereafter, video was made of the property and the video was shown to the City Council and narrated by Frank Simpson, Inspections Director. Mr. Simpson further explained that the cleaning bill was for work done seven to eight weeks prior to tonight. After further discussion, and a question and answer period between the City Council, Mr. Simpson and Dr. Green, Councilmember Cheek made a motion to continue the matter and asked for the Assistant City Attorney to make a report back to City Council with dates of what has happened on the property, and that let the staff work with Dr. Green in the meantime. The motion was seconded by Councilmember Massey and passed upon a unanimous vote. 4. Consideration of the following bid awards: A. Award of multi prime contracts (Base bid and Alternate 1) for construction of Police Training Facility) and adoption of Special Revenue Fund Project Ordinance Amendment 98-2 (Police Training Facility) Interim City Manager Roger Stancil recommended the council approve aggregate amount of $782,076, which is the base bid, plus alternate one, which allows the City to build the interior masonry walls. This bids also keeps the pricing firm for alternates two and three for 120 days in the event that additional federal forfeiture funds are available, at which time a change order could be implemented. The recommendation was to also approve the Capital Project Ordinance and amendments. A motion was made by Councilmember McBryde and seconded by Mayor Pro Tem Blackwell, to approve the recommendation of the Interim City Manager. The motion carried upon unanimous vote. Mayor Pro Tem Blackwell commended the staff for keeping under budget on this project. B. Approve acceptance of pending FAA grant, adoption of Capital Project Ordinance Amendment 98-1 (Airport Terminal renovations) and award of multi prime contracts for Phase I-Renovation of Airport Terminal, subject to FAA funding. Interim City Manager Roger Stancil recommended the award of the bid in the amount of $1,656,547. This contract would make major renovations to the airport terminal, as well as address the heating and air conditioning concerns at the airport. The federal government is funding 90 percent of the project, the state is funding five percent of the project, and the airport fund is contributing $82,887. Councilmember Kendrick made a motion to follow the recommendation of the Interim City Manager, seconded by Councilmember McBryde. The motion carried upon unanimous vote. After the vote, Interim City Manager Stancil explained that the original low bidder was disqualified for failure to comply with the City's Disadvantaged Business Enterprise Requirements. 5. Moved to item 12-A. 6. Consideration of approval of concept plan for downtown railroad project. Jimmy Teal, Assistant City Manager for Planning and Development, explained that this project involved many players to include CSX Railroad, Norfolk and Southern Railroad, Aberdeen and Rockfish Railroad, the City of Fayetteville, the motorists in the downtown area, the business community in the downtown area, as well as citizens. The objective was to relocate the Norfolk and Southern switching operations from downtown to Milan Yard. Currently, N&S has to get permission from CSX to cross the main line on Hillsboro Street, anytime they are in the area. This is what requires the train to wait for periods of time. Mr. Teal explained that an oral agreement had been reached between the three railroads to remove the N&S switching operations from downtown to Milan Yard. The plan would eliminate N&S from the downtown area, and reduce CSX to one train. Additional track would be built behind North Street near the Hoffer Water Plant, which would eliminate the train coming downtown for Norfolk & Southern. A new curb of track would be built off the CSX main line near the Rowan Street overpass. In response to question from Councilmember Torrey as to what would happen to Aberdeen & Rockfish, Assistant City Manager Teal responded that all three trains would do their switching at Milan Yard. Aberdeen & Rockfish will still continue to use the spurline behind the DSS building but again, all switching would take place at Milan Yard. Also, trains that are seen carrying equipment for Fort Bragg will able to turn around and get out of town quicker with the new spur on the CSX line. All cost estimates will need to be prepared for the acquisition of the property as well as operating agreements will have to be developed for the railroads. Councilmember Kendrick asked what type of time line was involved in implementing these proposals. Assistant City Manager Teal indicated that if the council would give the go ahead on preliminary cost estimates that the engineering cost estimates could be back sometime in early 1998. Interim City Manager Roger Stancil explained that in working on the Marvin Plan for the downtown area, the designers have been instructed to deal with the railroad tracks as they currently exist. He also pointed out that the existence of the railroad assisted in the development of the Downtown Industrial Park. Councilmember Kendrick moved to instruct the staff to continue with the development of the engineering costs and operating agreements, and to come back in January or February of 1998 with a report. This was seconded by Councilmember Cheek. The motion carried upon unanimous vote. Mayor Pro Tem Blackwelll and Councilmember Cheek commended Assistant City Manager Teal for his work on this project, and thanked the railroads for their cooperation. Mayor Pro Tem Blackwell asked about former Congressman Rose's assistance in this matter and Mayor Dawkins responded that former Congressman Rose was aware and that he had asked for all information in regard to the project. Mayor Dawkins also thanked the railroads for their cooperation in this matter. 7. Presentation of annexation plan for June 30, 1998. Interim City Manager Stancil advised the Council that the estimated costs of installing storm drainage and making satellite repairs in the proposed annexation of Area 3-A, were worst case scenario figures. The general statutes require that trunk lines be installed within two years, but there is also provision in the statutes that allows property owners to petition for any water and sewer connections from the major trunk lines to also be installed within two years. This is the basis of the six million figure from the engineers. The recommendation was to adopt the Resolution of Intent to annex Area 3-A. The current cost of general fund of three million dollars in based upon our existing relationship with the Electric Fund of Public Works Commission. 8. Consideration of adoption of Resolution of Intent to annex an area known as Area 3-A. (Bonnie Doone, Cottonade, Summerhill, Ponderosa) Councilmember Torrey made a recommendation to adopt the Resolution of Intent to Annex Area 3-A, Bonnie Doone, Cottonade, and Ponderosa. The motion was seconded by seconded Cheek. Councilmember Blackwell expressed concern about the omission of Lafayette Village from this proposed annexation. Councilmember Kendrick also expressed the same concern and asked when a report could be made back to the council on the annexation of Lafayette Village. Interim City Manager Roger Stancil responded that the ongoing annexation process has been referred to the planning commission, and that he thought a report could be made back within six months. Councilmembers McBryde, Ross, and Smith also expressed concerned about omission of Lafayette Village. The motion carried upon unanimous vote. A RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE, NC TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION. RESOLUTION R1997-089. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. 9. Report on design and cost estimates for Cliffdale and Myers Recreation Centers. The following cost estimates were presented for these projects: 1. Cliffdale Recreation 2,709,740.84 2. Myer Recreation Center Hiking Recreation 1,827,740.94 3. Fire Station #8 999,355.62 Interim City Manager Roger Stancil advised Council that staff was seeking the following action tonight: 1. Implementation of the financing plan for these projects as discussed in the budget workshop; 2. Approval of the operating agreement of Cliffdale Elementary School with the school board; 3. Authorization to put the projects out for bid. As explained, that the operating agreement at Cliffdale Elementary would be somewhat similar to the one at College Lakes Elementary, although at Cliffdale Elementary, it would necessary to obtain title to the footprint of the land for the recreation center and the parking lot improvements, due the nature of the financing. 4. Interim City Manager Roger Stancil also requested that the Council approve the current financing team. Councilmember McBryde made a motion to approve all four items, to include that the contract for Cliffdale Elementary School be subject to any recommendations upon Council. Motion was seconded by Councilmember Ross. The motion carried upon a unanimous vote. 10. Consideration of contract with Fayetteville Partnership. Interim City Manager Roger Stancil introduced this item and reminded the Council that the approval of the contract of Fayetteville Partnership had been deferred for the purpose of reviewing the economic development activities and Fayetteville Partnership request for personnel. It was important to the City that someone be brought on board with experience in real estate law, real estate incentives and all the complexities of putting together an economic development package. The proposed job description adequately reflects that need and has been developed in coordination with Fayetteville Partnership and the Fayetteville Area Economic Development Corporation. With announcement of the Airborne Museum being downtown, the activities in the 200 block with the PWC Utilities Center, and the things that are happening at Fayetteville State University to include the incubator and inclusion in the Fayetteville Once and For All Plan, it is important that this person be brought on board as soon as possible. Council originally budgeted $104,000 for the Fayetteville Partnership contract, and Interim City Manager Roger Stancil recommended that the Council approve a budget ordinance amendment that would make a fund balance transfer of $47,900, into the original budgeted item of $104,000, making a total budgeted amount for Fayetteville Partnership, Inc., of $151,900. Mayor Pro Tem Blackwell made a motion to approve the recommendation of the Interim City Manager, which was seconded by Councilmember Kendrick. Motion carried upon a vote of 6 to 3, with Councilmembers Blackwell, McBryde, Dempster, Kendrick, Torrey, Cheek, voting in the affirmative and Councilmembers Massey, Ross and Smith voting in the negative. 11. Consideration of appointment of two members to serve on the Juvenile Assessment Center and Youth Resource Center Committee. Mayor Pro Tem Blackwell nominated Marshall B. Pitts and Councilmember Dempster nominated Robert Jenkins. Councilmember McBryde nominated Councilmember Kendrick. Mayor Pro Tem Blackwell made a motion that nominations cease, seconded by Councilmember McBryde. Upon a voice vote, motion carried unanimously. Thereafter Councilmember Kendrick withdrew his name from nomination. Councilmember Kendrick made a motion that the nominations of Robin Jenkins and Marshall Pitts, be accepted by acclamation, which was seconded by Councilmember McBryde. The motion carried upon a vote of 8 to 1, with Councilmember Ross voting in the negative. Councilmembers Cheek and Kendrick expressed a desire that those who had been serving on the Juvenile Assessment Board continue to serve or work in some capacity. Linda Blanton, of the Chamber of Commerce, indicated that an umbrella organization was going to be created and that these people would be involved in the future. Mayor Pro Tem Blackwell expressed his appreciation to Linda Blanton and Chip Grammer, with the Cumberland County Schools, for all the hard work they had done in getting the legislation passed to create this board and for their constant attendance at City-County liaison meetings. 12. Consideration of approval of employment contract with Ronald Rabun. A. The closed session to consider performance evaluation of the Interim City Manager. Councilmember Cheek made a motion to go into closed session to consider the evaluation of Interim City Manager Roger Stancil. Councilmember Kendrick seconded the motion and it passed upon a vote of 7 to 2 with Councilmembers Massey and Smith voting in opposition. After the closed session, Mayor Dawkins called the Council back into session. Councilmember Cheek made a motion that the salary of Interim City Manager Stancil be adjusted for the time served, to the salary level of the City Manager at the time Mr. Stancil was appointed Interim City Manager, and that at the time he reverts to being Deputy City Manager, his salary be adjusted by 4.75 percent. Councilmember Massey seconded the motion. The motion carried by a vote of 7 to 2, with Councilmembers Torrey and Dempster in opposition. B. Consideration of approval of employment contract with Ronald Rabun. Councilmember Smith made a motion to go into closed session to consider conditions of initial appointment of Ronald Rabun as City Manager, seconded by Councilmember Ross. Councilmember Smith submitted his motion to include Item 13, closed session to discuss matters within the attorney-client privilege. The motion lost on a vote of 2 in favor and 7 against, with Councilmembers Smith and Ross, voting in the affirmative. Councilmember Smith made a motion to go into closed session to consider conditions of the contract of initial employment with Ronald Rabun. The motion was seconded by Councilmember Ross, and passed upon a vote of 5 to 4, with Councilmembers Kendrick, McBryde, Blackwell and Cheek voting in opposition. After closed session, Mayor Dawkins called the Council back into open session. (This item continued below after item 13.) 13. Closed session to discuss matters within the attorney-client privilege. Mayor Pro Tem Blackwell made a motion to go into closed session to discuss matters within the attorney-client privilege with Mr. Phil Van Hoy. Motion was seconded by Councilmember Smith. The motion carried by unanimous vote. At the conclusion of closed session, Mayor Dawkins called the Council back into regular session. 12. B. Continued City Attorney Robert C. Cogswell, Jr., advised the Council at this time that Mr. Ronald Rabun had accepted the contract discussed in closed session. Thereupon, Councilmember Dempster made a motion to hire Mr. Ronald Rabun upon the terms and conditions of the contract discuss in closed session and accepted by Mr. Rabun, and that Interim City Manager City Manager Robert C. Stancil be redesignated as Deputy City Manager, effective on the initial date of employment of Mr. Rabun. The motion was seconded by Councilmember Ross. The terms of the contract, summarized, are as follows: 1. Mr. Rabun will begin employment on October 2, 1997; 2. Initial annual salary would be $110,000 per year, with an additional supplement of $350.70 per month for the period October 2, 1997, through December 31, 1997 and after December 31, 1997 the salary would remain $110,000 annually until such time as changed or modified by the City Council; 3. Upon termination by the City Council for any reason, other than the willful resignation of Mr. Rabun, Mr. Rabun would receive severance pay of six months salary plus the payment of COBRA benefits for him and his family for a period of six months or until such time as he qualifies for health benefits with a new employment, whichever first shall occur; and 4. The city would pay the reasonable cost of moving Mr. Rabun, his family and his personal property to the City of Fayetteville from Lake Mary, Florida, subject to the approval of the City Council. Councilmember Kendrick made a substitute motion to postpone the decision on hiring any new City Manager until after the new City Council is seated on December 1, 1997, and the motion was seconded by Councilmember McBryde. The motion failed on a vote of 4 to 5, with Councilmembers Kendrick, McBryde, Blackwell and Cheek voting in the affirmative. The original motion carried on a vote of 5 to 4, with Councilmembers, Kendrick, McBryde, Blackwell and Cheek voting in opposition. (Motion was approved on September 30, 1997.) Motion was made by Councilmember Kendrick to adjourn, seconded by Councilmember Smith and the motion carried unanimously. INFORMATION ITEMS: 1. Response to request for information on a bus shelter at 311 Moore Street. 2. Report on downtown projects. 3. Quarterly Bond Project Report Update REGULAR MEETING OCTOBER 6, 1997 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER OCTOBER 6, 1997 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: Ronald H. Rabun, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Karen Musgrave, Assistant City Attorney Kai Nelson, Finance Director Victor Sharpe, Planning Division Manager Steve Blanchard, PWC, Manager Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION The following invocation was offered by the Reverend Garfield Warren, Pastor of College Heights Presbyterian Church: Let us pray. All mighty God, we bow now here in all of your mighty presence, and as we come oh God we ask your presence here in this City Hall Chamber. We thank you oh God for the opportunity that we have now to experience the workings of this Council, and as we come oh God tonight we come acknowledging that this is a unique time in the life of this City. We ask for the wisdom that will be needed to heal the riff that permeates this City. Oh God we ask that you will teach us so to use all the circumstances of light today that they may bring forth the fruits of holiness rather than the fruits of sin. Let us use this appointment oh God as material for patience. Let us use success as material for thankfulness. Let us use suspense as material for perseverance. Let us use danger as material for courage. Let us use reproach as material for long suffering. Let us use praise as material for humility. Let us use pain for the materials of endurance. Oh God, we thank you for this present moment. This is a great time to be alive and we ask oh God that you will dwell with us and be with us. And we ask oh God a special blessing on this Council as we seek your love in all that we do. We ask oh God that you will be the controlling factor in all their deeds this day in accordance with your most perfect will. Bless us oh God and keep us as our pray in the name of Jesus Christ the Lord we pray. Amen. PLEDGE OF ALLEGIANCE Mayor Dawkins led the Pledge of Allegiance to the American Flag. RECOGNITION: Presentation of Resolution in honor of Mr. and Mrs. William Marshall Ward. Mayor Dawkins introduced Mr. and Mrs. William Marshall Ward. He presented a resolution to Mr. and Mrs. Ward, honoring them for their 50 years of operating a downtown business in Fayetteville, NC. Mayor Dawkins stated Mr. and Mrs. Ward currently remain loyal to downtown merchants, working six days a week, at the legendary Point News. Presentation of Public Power Week Proclamation. Mayor Dawkins presented Mr. Milt Wofford, Chairman of the Public Works Commission, with a Public Power Week Proclamation, declaring the week of October 5, 1997, through October 11, 1997, as Public Power Week. Mayor Dawkins introduced Mr. Ronald H. Rabun, the new City Manager for the City of Fayetteville. Mr. Rabun addressed the council. Mayor Dawkins announced the Character Education Concept for October, 1997 is responsibility. 1. APPROVAL OF AGENDA City Attorney Robert C. Cogswell, Jr., requested to add Item 10C, a closed session to discuss the purchase of real property. City Manager Ronald H. Rabun requested to correct the agenda wording in Item 2P. Mr. Rabun stated the word "approving" should be changed to read "requesting". Mr. Rabun stated that the package backup was correct. Councilmember McBryde moved to approve the agenda with the addition of Item 10C and the correction to the agenda on Item 2P, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 9 to 0. 2. CONSENT: Mayor Dawkins presented the Consent Agenda and asked if any items should be removed before calling for action. Councilmember Dempster requested to pull Item J, Councilmember Smith requested to pull Item E, Councilmember Kendrick requested to pull Item P and Councilmember Cheek requested to pull Item O. Councilmember McBryde moved to approve the Consent Agenda with the exception of Items 2E, 2J, 2O, and 2P, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 9 to 0. A. Cancel City Council meeting of October 20, 1997, due to NCLM Convention. B. Adopt resolutions declaring cost and ordering preparation of preliminary assessment rolls (paving projects) and setting time and place for public hearings on November 17, 1997, for the following streets: 1. Purdue Drive (from Breezewood Avenue to Unnamed Creek as shown on Duck's Nest, Section I, Plat 4760) RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR PURDUE DRIVE (FROM BREEZEWOOD AVENUE TO UNNAMED CREEK AS SHOWN ON DUCK'S NEST, SECTION I, PLAT 47/60) RESOLUTION R1997-090. 2. Dillon Drive (from Carlos Avenue to Cul-de-Sac) RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT DRIVE ROLL FOR DILLON (FROM CARLOS AVENUE TO CUL-DE-SAC). RESOLUTION NO. R1997-091. C. Adopt resolution authorizing condemnation of right-of-way on McPherson Church Road Widening Project, Parcel (W-1). A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1997-092. D. Adopt resolution accepting the resignation of NationsBank of North Carolina, N.A., as Trustee for the City of Fayetteville, North Carolina, Public Works Commission Revenue Bonds and appointing the Bank of New York as successor Trustee and Central Carolina Bank and Trust Company as Co-Trustee. RESOLUTION ACCEPTING THE RESIGNATION OF NATIONSBANK OF NORTH, CAROLINA, N.A., AS TRUSTEE FOR THE CITY OF FAYETTEVILLE, NORTH CAROLINA, PUBLIC WORKS COMMISSION REVENUE BONDS AND APPOINTING THE BANK OF NEW YORK AS SUCCESSOR TRUSTEE AND CENTRAL CAROLINA BANK AND TRUST COMPANY AS CO-TRUSTEE. RESOLUTION NO. R1997-093. E. This item was pulled for discussion. F. Approve the sale of surplus city (PWC) property located on the south side of Smith Street, P.I.N. 0437(14)-32-7528. (Recommend by Public Works Commission). RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1997-094. G. Approve low bid award in the amount of $155,340.00 to Power Supply for purchase of four (4) Type 9 Switching Cabinets, with option to order additional quantities within a 12-month period. (PWC) Bids were received as follows: Power Supply (Matthews, NC) $155,340.00 WESCO (Raleigh, NC) $156,500.00 Eastern Electric (Rocky Mount) $159,697.04 H. Approve purchase of an additional 100,000' of 1/0 ALCN EPR 25KV, 1/C Cable from Rigby Electric Supply Company at a cost of $161,500.00. (PWC) This bid was awarded June 25, 1997, and approved by the City Council on August 8, 1997, and provided the option to purchase additional quantities within a 12-month period. I. Approve Municipal Agreement with the North Carolina Department of Transportation for Airport Road. J. This item was pulled for discussion. K. Approve tax refunds over $100. Name Year Basis City Refund Allen, Tuyen Nguyen 1995 Duplicate Bill Issued 117.01 Associated Video & Audio Inc. 1994 Amended Listing 227.26 Coleman, Robert Eric 1993-96 Military Non-Resident 120.32 Crisp, Sean Latoy 1994-96 Military Non-Resident 103.39 Faubel, Nancy 1995-96 Taxpaper Never Owned Cessna 310.36 Pierce, Debra Mims 1994-95 Military Non-Resident 134.72 Total $1013.06 L. Rescind the "No Parking, School Bus Zone" ordinance on Foxhall Road, requested by Vanstory Hills Elementary School. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1997-024. M. (P97-47F) Approve initial zoning to M2 Industrial District or to a more restrictive zoning classification for an area located west of 71st School Road and south of Media Drive. Containing 8.9 acres more or less and being the property of the City of Fayetteville as evidenced by map and legal description furnished by the City of Fayetteville, and being scheduled for annexation by the City of Fayetteville, effective September 2, 1997. N. (P97-48F) Approve rezoning from C1 Local Business District and C3 Heavy Commercial District to R5 Residential District or to a more restrictive zoning classification for an area located on Browns Lane at Alexander Street. Containing 1.0 acres more or less and being the property of Jimmie A. Moore as evidenced by deed recorded in Deed Book 4683, Page 197, Cumberland County Registry. O. This item was pulled for discussion. P. This item was pulled for discussion. Q. Approve request from Junior League to place signs promoting the Holly Day Fair. R. Refer to Streets & Roads Committee: 1. Consideration of proposed traffic signal at Bordeaux Movie Complex on Boone Trail. 2. Consideration of proposed traffic signal at McPherson Church Road and Barcelona Drive. 3. Consideration of acceptance of Shedd Street. E. Various HUD 108 Matters: 1. Adopt the resolution approving certain permanent financing agreements, and 2. Authorize the issuance of and the execution of a $545,000 promissory note in accordance with applicable state law, and 3. Authorize the execution of the contract for loan guarantee assistance. RESOLUTION OF THE FAYETTEVILLE CITY COUNCIL APPROVING CERTAIN PERMANENT FINANCING AGREEMENTS RELATED TO THE RECONSTRUCTION OF THE SEABROOK SWIMMING POOL. RESOLUTION NO. R1997-094. Councilmember Smith inquired as to whether there would be liens on the property. He received an affirmative answer. Councilmember Smith moved to adopt the resolution, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 9 to 0. J. Approve the current team of Underwriters, including Underwriters' Counsel, and current Bond Counsel for a term of three (3) years. Councilmember Dempster requested to pull this item. He inquired as to the purpose of setting a three-year commitment. Mr. Kai Nelson, Finance Director, stated this was a precedent which had been set by Council and in his opinion would provide continuity in the financing process. A discussion ensued. City Attorney Robert C. Cogswell, Jr., replied to Councilmember Dempster's questions, that it was his opinion the action would provide continuity when the City goes before the Local Government Commission and the Commission sees the same financing team. Mayor Pro Tem Blackwell moved to approve, seconded by Councilmember McBryde and carried by a vote of 8 to 1 with Councilmember Dempster in opposition. O. Authorize the City Manager or Deputy City Manager to execute the COPS MORE 96 Grant Award in an amount of $406,743. Councilmember Cheek requested to pull this item. Ms. Cheek stated she felt the City needed to recognize that this was one in a series of grants obtained by the Police Department and she felt that the City needed to recognize the fact the Fayetteville City Police Department is a community oriented police department. Ms. Cheek further stated she was basing her statement on the fact that today she had received negative mail regarding the Police Department. Councilmember Cheek moved to authorize the City Manager or Deputy City Manager to execute the agreement, seconded by Councilmember Kendrick and carried unanimously by a vote of 9 to 0. P. Adopt resolution requesting installation of a traffic signal at the intersection of Robeson Street and Levy Drive. Councilmember Kendrick requested to pull this item for discussion. Councilmember Kendrick requested that a petition signed by over 100 parents be attached to the resolution which is being sent to the North Carolina Department of Transportation. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE REQUESTING THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION TO INSTALL A TRAFFIC SIGNAL AT THE INTERSECTION OF ROBESON STREET AND LEVY DRIVE. RESOLUTION NO. R1997-095. Councilmember Kendrick moved to adopt the resolution, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1997. Copies of the foregoing ordinances are on file in the City Clerk's office in Ordinance Book NS1997. 3. PUBLIC HEARINGS: A. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour on the following streets in Woodfield Subdivision: 1. Baysden Court from Walden Road to its end. 2. Hennessy Place from Walden Road to its end. 3. Walden Road from its east end to west end. 4. Woodfield Road from Pamalee Drive to Walden Road. Assistant City Manager Jimmy Teal presented these items. This is the advertised public hearing set for this date and time. The public hearing opened at 7:31 p.m. Mr. Barry Swift, President of the Woodfield Subdivision Homeowners Association, 1633 Woodfield Road, appeared in favor of the speed limit reduction. There was no one present to speak in opposition. The public hearing closed at 7:33 p.m. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1997-025. Councilmember McBryde moved to adopt the ordinance, seconded by Councilmember Cheek and carried unanimously by a vote of 9 to 0. B. Consideration of adoption of resolution authorizing the paving without petition of Barges Lane from Grove Street to Lamon Street. Assistant City Manager Jimmy Teal presented this item. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition and the public hearing opened and closed at 7:40 p.m. A discussion was held regarding the cost to owners, the right-of-way which needed to be acquired, the width of the street, and the problem of cut-through traffic. Councilmember Cheek moved to send this project to the Streets and Roads Committee for them to take a look at the impact on the neighborhood and also into alternatives for pavement that will meet the City Council's goal of protecting the neighborhood. Councilmember McBryde seconded the motion and it carried unanimously by a vote of 9 to 0. C. Consideration of an Ordinance to extend the Corporate Limits of the City of Fayetteville, NC (Petition-Initiated Contiguous Annexation Area)-Golden Corral Restaurant Site-Western side of Ramsey Street, north of Northgate Shopping Center-Property of Bill Properties. Deputy City Manager Roger Stancil presented this item. Mr. Stancil stated this was a petitioned annexation of property contiguous to the City and would be effective October 6, 1997. Mr. Stancil stated the City could provide services to this area with little effort. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition and the public hearing opened and closed at 7:45 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA - GOLDEN CORRAL RESTAURANT SITE (WESTERN SIDE OF RAMSEY STREET, NORTH OF NORTHGATE SHOPPING CENTER) - PROPERTY OF BILL PROPERTIES. ANNEXATION ORDINANCE NO. 97-10-423. Mayor Pro Tem Blackwell moved to adopt the ordinance to be effective October 6, 1997, seconded by Councilmember Dempster and carried unanimously by a vote of 9 to 0. A copy of the foregoing annexation ordinance is on file in the City Clerk's office in Annexation Book. D. (P97-37F) Consideration of revisions and amendments to the Fayetteville Code of Ordinances, Chapter 32, Zoning, Article X, Section 32-69(b) and Section 32-71(2). The following is a summary of the proposed changes. Section 32-69(b) is amended to modify the procedure to allow a set charge for an application to be modified from time to time by the Board. Section 32-71(2) is amended to clarify the powers of the Board of Adjustment in granting a variance to include the conditions that must be met to grant a variance, in accordance with NC General Statutes. Planning Division staff member Kathy Kem presented this item. Ms. Kem stated the modification would clarify the procedures to be used by the Board of Adjustment. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition and the public hearing opened and closed at 7:49 p.m. A discussion was held regarding the proposed changes. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING VARIOUS PROVISIONS OF CHAPTER 32, ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE CONCERNING THE BOARD OF ADJUSTMENT. ORDINANCE NO. S1997-013. Mayor Pro Tem Blackwell moved to adopt the ordinance, seconded by Councilmember Ross and carried by a vote of 8 to 1, with Councilmember Dempster opposed. E. (P97-41F) Consideration of creating an Historic overlay zoning district to an area known as the Haymount National Register District, located along a portion of Hale Street and Hillside Avenue running perpendicular to Brandt's Lane and Hay Street and the major part of Athens Avenue paralleling Hay Street as evidenced by map and legal description furnished by the City of Fayetteville. Mr. Victor Sharpe, Planning Division Manager, presented this item. Mr. Sharpe stated the overlay district is designed to promote the preservation and restoration of structures and landscape features within specific areas and/or neighborhoods of the City that are of historical, architectural, and cultural importance, having significant character, design, setting, materials, or value for their association with the city, county, state or nation. This district in also designed to protect buildings, structures and sites, and their environs through guidelines administered by the Fayetteville Historic Resources Commission. Mr. Sharpe stated the North Carolina Department of Cultural Resources had concurred with this designation. Mr. Sharpe further stated the proposed historic overlay zoning district will follow the guidelines included in the City of Fayetteville Code of Ordinances, Chapter 32, Zoning, Article XIII, Special Historic District Provisions. This is the advertised public hearing set for this date and time. The public hearing opened at 7:55 p.m. Appearing in favor of the item or designation was Mr. Wayne Riggins, 122 Hillside Avenue, Fayetteville, NC, Mr. Dan Hicks, 1422 Summit Avenue, Fayetteville, NC, and Ms. Susan Jackson, 106 Hale Street, Fayetteville, NC. Mr. George Stout, 210 Woodside Street, Fayetteville, NC, was signed up to appear in opposition. However, Mr. Stout requested that his attorney be allowed to speak for him. City Attorney Robert C. Cogswell, Jr., stated that no one could speak unless they had signed up to speak. Mr. Stout stated he would not speak at this time. There being no one further to speak either in favor or opposition, the public hearing closed at 8:09 p.m. A discussion was held regarding new construction in this district, as well as the qualifications which would have to be met by any builder. Councilmember McBryde moved to approve, seconded by Councilmember Cheek and carried unanimously by a vote of 9 to 0. Councilmember Massey inquired about the structure of the Historic Resources Commission. F. (P97-45F) Consideration of revisions and amendments to the Fayetteville Code of Ordinances, Chapter 32, Zoning, Article II, Section 32-3.1 to be deleted in its entirety and the following substituted therefore: The boundaries of the HD Historic District are hereby established as shown on the map entitled "Fayetteville Historic Districts, Fayetteville, North Carolina", dated August, 1997, which is hereby declared to be a part of this chapter and which is on file in the office of the City Clerk. Mr. Victor Sharpe, Planning Division Manager, presented this item. Mr. Sharpe stated this ordinance would establish the Haymount Historic District. This is the advertised public hearing set for this date and time. There was no one to speak either in favor or opposition and the public hearing opened and closed at 8:16 p.m. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 32, ZONING, ARTICLE II, SECTION 32-3.1 OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1997-014. Councilmember Smith moved to adopt the ordinance, seconded by Councilmember Kendrick and carried unanimously by a vote of 9 to 0. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1997. G. (P97-49F) Consideration of revisions and amendments to the Fayetteville Code of Ordinances, Chapter 32, Zoning, regarding Demolition by Neglect and standards of Historic Landmarks and Structures Within Historic Overlay Districts to add Sections 32-90 through Section 32-96. A summary of the amendment is as follows: The exterior features of any building or structure, or any type of outdoor advertising sign either designated as an Historic Landmark or found to have significance located within the Historic Overlay District shall be preserved by the owner or such other person who may have legal possession, custody, and control thereof against decay and deterioration and kept free from structural defects. The amendment outlines the demolition by neglect and standards, the petition and action procedures, the method of notification, safeguards from undue economic hardship, appeals, and the penalties and remedies available in enforcement of this article. Mr. Victor Sharpe, Planning Division Manager, presented this item. Mr. Sharpe stated the purpose of this proposed amendment is to strengthen the City's Zoning Ordinance by providing tools to further protect and preserve buildings or structures designated as an Historic Landmark or located within the City's Historic Overlay District. The amendment will require property owners to repair exterior features if they are found to be deteriorating, or if their condition is contributing to deterioration. Mr. Sharpe stated the ordinance amendment would consist of sections dealing with demolition by neglect and standards, petition and action, methods of service, safeguards from undue economic hardship, appeals, penalties and remedies. Mr. Sharpe stated the Planning Commission unanimously recommended approval. This is the advertised public hearing set for this date and time. The public hearing opened at 8:31 p.m. Mr. Dan Hicks, 1422 Summit Avenue, Fayetteville, NC, appeared in favor. There was no one further to speak in favor or opposition and the public hearing closed at 8:32 p.m. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING ARTICLE XIII, SPECIAL HISTORIC DISTRICT PROVISIONS, OF CHAPTER 32, ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1997-015. Councilmember Kendrick moved to adopt the ordinance, seconded by Councilmember Dempster. A discussion was held regarding whether the ordinance would apply to all buildings in the historic area. City Attorney Robert C. Cogswell, Jr., requested that a comma be placed in Section 32-90 at the end of line two of the ordinance at the end of the sentence and after the word "sign". He also requested that the words in the quotations marks "found to be significant" be deleted from the same section. Councilmember Kendrick stated that these changes were a part of his motion. Mayor Dawkins called for a vote on the motion and the vote to adopt the ordinance as amended carried unanimously by a vote of 9 to 0. A copy of foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1997. Councilmember Torrey apologized for his statements made on September 15, 1997, about the Bar-B-Que House at 1828 Murchison Road. Mr. Torrey stated that Mr. Solomon Pigford had failed to cooperate with the Fayetteville Police Department and that he personally had no knowledge of any incidents occurring at this address. 4. (P97-35F) Consideration of the rezoning from P1 Professional District to C1 Local Business District or to a more restrictive zoning classification for an area located at 1818 Murchison Road. Containing .17 acres more or less and being the property of Thomas and Jeanette Council as evidenced by deed recorded in Deed Book 4664, Page 433, Cumberland County Registry. (Second reading) Mayor Dawkins stated that because of the vote on September 15, 1997, of five in favor to four in opposition, this would be a second reading and no discussion could be held. Councilmember McBryde moved to rezone the property, seconded by Councilmember Kendrick. The motion failed by a vote of three to six with Councilmembers McBryde, Kendrick and Torrey in favor and Councilmembers Ross, Cheek, Massey, Blackwell, Dempster and Smith opposed. Councilmember Dempster stated that Fayetteville State University had received a grant of approximately $400,000 and he felt a study of the Murchison Road corridor should be done. He made a motion to have the Planning Staff do the study, seconded by Councilmember Ross. Councilmember Cheek requested that the other studies, which have been done on this area be incorporated in this study. Councilmember Dempster agreed. The motion carried by a vote of 9 to 0. Councilmember Cheek stated that this type of situation had come up a number of times where uses were good, but were not allowed in a commercial zone, and the Council was hesitant to rezone to C-1 zoning because of all uses allowed in that zone. She moved to refer this problem to the Planning Commission for it to look at permitted uses in C-1 zones that might be appropriate as special uses in the P zones and report back to the Council. Councilmember Kendrick seconded the motion. Councilmember Kendrick requested that his request regarding a study of Czone uses be incorporated in this study. Mr. Victor Sharpe stated that this matter was currently being looked into and he would combine the two reports. Mayor Dawkins called for the vote and the motion carried unanimously by a vote of 9 to 0. 5. (P97-46F) Consideration of the rezoning from R6 Residential District to R5 Residential District or to a more restrictive zoning classification for an area located north of Sapona Road at Alphin Street. Containing 6.94 acres more or less and being the property of KC Properties, a N.C. General Partnership as evidenced by deed recorded in Deed Book 4567, Page 331, Cumberland County Registry. Kathy Kem of the Planning Division presented this item. Ms. Kem stated that part of the property was located in the 100-year and 500- year flood zones. She stated that under the current R-6 zone, the zero lot line units allowed would be 75. She also stated that under R-5, the amount would be 201 and R-5A zone, 100 units would be allowed. Ms. Kem stated the Zoning Commission recommended denial of the R-5 request and approval of the R-5A. A discussion ensued regarding the effect of and the liability to the City of this property being located in a flood plain. Ms. Kem informed the Council that the City would not have liability from approving this request. Councilmember Kendrick moved to follow the staff's recommendation to rezone to R-5A, seconded by Councilmember Ross and carried unanimously by a vote of 9 to 0. 6. Consideration of approval of Annexation Report for Area 3-A. Deputy City Manager Roger Stancil presented the Annexation Report for Area 3-A. He presented Council with an amended table of contents to be inserted in their report. Mr. Stancil stated the record needed to show that this annexation report had been presented to the Council and that an outline had been given on how the City will provide services to the proposed annexed Area 3-A. Mr. Stancil stated the effective date was projected for July 1, 1998. A discussion ensued regarding the procedure which would be used to provide citizens with petitions to request water and sewer within the two-year requirement period. Mr. Stancil stated it was projected that the annexation ordinance would be approved at the November 24, 1997, meeting, and that in order to receive the water and sewer within the two-year deadline the petitions must be returned to the City by October 24, 1997. Mr. Stancil stated that neighborhood meetings were scheduled for October 10, 14, 16, 21 and 23. He also stated that all property owners would be advised of these meetings by mail. Councilmember Cheek requested that the petitions for water and sewer service be included with the letter notifying the property owners of the neighborhood meetings. After examination and discussion of the report of plans for extending services to the area to be considered for annexation and Resolution NO. R1997-089, adopted the 29th day of September, 1997, Councilmember McBryde moved approval of the report, seconded by Councilmember Dempster and motion passed on a vote of 9 to 0. Councilmember Kendrick inquired about the status of the LaFayette Village annexation and wanted to know what guarantees could be made to this area. Deputy City Manager Roger Stancil stated the staff would be back to Council with a report in March of 1998. Mr. Stancil stated that as it stands, this area could not hold up on demographics on its own because of the 18 percent minority standard. This would mean that other areas would have to be included in the annexation of this area. 7. Report from City-County Liaison Committee. Mayor Pro Tem Blackwell withdrew his request for report. 8. Consideration of amendments to Chapter 28, Taxis, regulating limousine service and solicitation of passengers by limousines. Mr. Jerome Brown, Chairman of the Taxicab Review Board, presented this item. Mr. Brown stated the proposed amendment was a result of concern expressed by the taxicab owners there were vehicles competing against them that were unregulated by either the Utilities Commission or the Taxicab Ordinance. A discussion was held regarding public input on this matter. Councilmember Kendrick moved to hold a public hearing within 30 days, seconded by Councilmember Massey. Further discussion was held regarding liability issues, background checks on drivers, and the inspections of the vehicles under the City's control. Councilmember Massey withdrew his second to the motion. Councilmember Smith seconded the motion. City Attorney Robert C. Cogswell, Jr., stated that this motion would require six votes to set a public hearing. Mayor Dawkins called for the vote and the motion failed by a vote of 5 to 4 with Councilmembers Dempster, Massey, Cheek, and Ross in opposition. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING VARIOUS SECTIONS OF CHAPTER 28, TAXICABS, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. ORDINANCE NO. S1997-016. Councilmember Massey moved to adopt the ordinance, seconded by Councilmember Dempster and carried by a vote of 7 to 2, with Councilmember Smith and Kendrick opposed. 9. APPOINTMENTS: A. Historic Resources Commission - Nominations needed to fill four categorized vacancies. Mayor Pro Tem Blackwell nominated the following for reappointment: 1. Category 1 - Eric John Lindstrom for appointment to a first two-year term. 2. Category 2 - Dr. J. Wayne Riggins for appointment to a first two-year term. 3. Category 6, Dr. Enid B. Jones, for reappointment to a 2nd term. B. Parks and Recreation - Nominations needed to fill eight vacancies. Mayor Pro Tem Blackwell made the following nominations for reappointment to a second term. 1. Greg M. Edge for reappointment to a 2nd term. 2. H. James Hankins for reappointment to a 2nd term. 3. Linda L. Miller for reappointment to a 2nd term. 4. W. David Smith, Jr. for appointment to a 1st two-year term. Mayor Pro Tem Blackwell nominated Kathryn Marable to fill the expiring term of Dorothy Fielder. Councilmember Dempster nominated Mr. Charles Evans for a first term. C. Wrecker Review Board - Nominations needed to fill one chairman vacancy. Mayor Pro Tem Blackwell nominated Mr. Donnie Egan for reappointment to a second term as Chairman of the Wrecker Review Board. 10. ADMINISTRATIVE REPORTS: A. Report on concerns raised by Emma Green regarding lot cleaning at 144 Blount Street. Assistant City Attorney Karen Musgrave presented this item. A discussion was held regarding the procedures used in lot cleanings, the current condition of the lot, and the possibility of using volunteers to clean the lot. B. Design of proposed Fire Station Number Eight on School Road. Mayor Pro Tem Blackwell moved to approve the design, seconded by Councilmember Kendrick and carried unanimously by a vote of 9 to 0. INFORMATION ITEMS: 1. Update of Legend Avenue project as requested by Councilmember Kendrick. 2. CSX King Street Property 3. Report on Speed Studies on Ireland Drive as requested by Councilmember Mark Kendrick. 4. Report of tax refunds less than $100. Name Year Basis Amount Aviles, Shelia Bazile Morales 1996 Military Non-Resident $85.24 Aviles, Edwin Morales Buehner, James Lee 1995 Military Non-Resident 44.09 Buehner, Charmaine Hilton Cardwell, Timothy Michael 1996 Military Non-Resident 47.32 Cary, Christopher Joseph 1996 Military Non-Resident 90.04 Coleman, Robert Eric 1994- Military Non-Resident 30.48 Canup, Cynthia Marie 1996 Connia, Jeffrey and Mun Cha Cha 1997 Military Non-Resident 29.10 Doty, Jr., John Drew 1995 Military Non-Resident 97.59 Friendship Baptist Church 1996 Church Exemption 50.39 Levorse, William Charles 1996 Double Bill/Plate Change 48.87 Levorse, Cornelia William Punoi, Ronaldo R. 1995 Military Non-Resident 15.79 Rodeo Warehouse 1996 Double Listed on Bill 41.67 Strong, Amado Deloan 1995 Military Non-Resident 35.42 Wack, Geoffery Joseph 1997 Military Non-Resident 27.92 Total $643.92 5. City-County Liaison Committee - minutes of August 28, 1997. 6. Public Works Commission - minutes of September 10, 1997. 7. Fayetteville Airport Commission - minutes of August 26, 1997. 8. Neighborhood Resource Center Openings Councilmember Smith moved to go into closed session to discuss the purchase of real property, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. The closed session began at 9:55 p.m. The regular session resumed at 10:07 p.m., upon the motion of Councilmember Kendrick, and seconded by Councilmember Massey. The motion carried unanimously by a vote of 9 to 0. City Attorney Robert C. Cogswell Jr., requested the Council authorize the purchase of a lot at the corner of 301 Rowan Street and Ray Avenue, for the purchase price of $150,000, subject to a Clean Environmental Phase I report and the owner indemnifying the City against any hazardous material cleanup costs. Mayor Pro Tem Blackwell moved to purchase the property as recommended by the City Attorney, seconded by Councilmember Cheek and carried by a vote of 8 to 1, with Councilmember Ross in opposition. Councilmember Kendrick moved to adjourn the meeting, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. The meeting adjourned at 10:00 p.m. REGULAR MEETING OCTOBER 27, 1997 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER OCTOBER 27, 1997 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2)(arrived at 7:15 p.m.); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4)(arrived at 7:29 p.m.); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: Ronald H. Rabun, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Kai Nelson, Finance Director Victor Sharpe, Planning Division Manager Steve Blanchard, PWC, Manager Craig Hampton, Purchasing Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by the Chaplain LTC Scott Davies, USA 16th Military Police Brigade, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins expressed condolences to the family of Assistant County Attorney Danny Higgins and the family of Mr. David McCaskill. Councilmember Cheek addressed the audience regarding Breast Cancer Awareness Month and encouraged all women to go to the Cumberland County Health Department for a mammogram. Councilmember Cheek stated the service was available to residents of both the City and Cumberland County. Mayor Dawkins announced the Character Education Concept for October 1997 is responsibility. 1. APPROVAL OF AGENDA Councilmember Massey moved to excuse Councilmembers Ross and Torrey until they arrived, seconded by Councilmember Dempster and carried by a vote of 7 to 0. City Manager Ronald H. Rabun requested that Items 2.P and 8 be pulled from the agenda for no action at this time. He stated Item 8 included all subsidiaries and was being pulled at the request of PWC. Mr. Rabun requested to add Item 12.D, a discussion on the Trailways Bus Station property, and Item 12.E, a closed session to discuss property acquisition. Councilmember Smith moved to approve the agenda with the deletion of Items 2.P and 8 and the addition of Items 12.D and 12.E, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 7 to 0 with Councilmembers Ross and Torrey excused. 2. CONSENT: Councilmember Kendrick requested to pull Items 2.D, 2.E and 2.O and Councilmember Smith requested to pull Item 2.I. Councilmember Kendrick moved to approve the consent agenda with the exceptions of Items 2.D, 2.E, 2.O and 2.I, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 7 to 0 with Councilmembers Ross and Torrey excused. A. Approve minutes of regular meeting of September 2, 1997. B. Approve minutes of special meeting of September 3, 1997. C. Approve minutes of special meeting of September 8, 1997. D. This item was pulled for discussion. E. This item was pulled for discussion. F. Approve tax refunds over $100. Name Year Basis City Refund Lin, Mao Yun & wife Wei Hong 1996 Correcting Appraisal Error $2,027.50 Total $2027.50 G. Approve acceptance of Cumberland County Board of Election's certification of the election returns for the Primary Municipal Election for the Mayor, City Council Districts 2, 7, 9 and At-Large of the City of Fayetteville, NC, held on October 7, 1997. Cumberland County, North Carolina October 10, 1997 We, the undersigned Board of Elections of Cumberland County, North Carolina, do hereby certify that we met in the Courthouse at 11:00 a.m. on Friday, October 10, 1997, and after canvassing the original returns of the Chief Judges and Judges of Elections of the votes cast in the Municipal Primary for Mayor, City Council District 2, City Council District 7, City Council Distict 9 and At-Large of the City of Fayetteville, NC held on October 7, 1997, we do hereby certify that the following are true and correct totals of votes cast for the following candidates in said returns: Candidates Votes Received For Mayor J. Breeden Blackwell 5,915 J.L. Dawkins 11,180 Stephen L. Felder 356 For City Council District 2 Mildred L. Oglesby 277 Ida A. Ross 643 Paul A. Williams 626 District 7 Devone A. Kinston 443 Frank L. Williams 255 Curtis Worthy 603 District 9 Ronnie L. Peele 162 Suzanne T. Rucker 1,303 Wick Smith 1,622 Roy Whitmire 476 At-Large Thomas C. (Chris) Dempster 4,749 Nancy Faubel 1,810 Anne Fogelman 6,973 William J. (Jay) Gothard 1,843 Jimmy Kizer 5,453 Rick Leslie 876 Milo McBryde 9,673 Marshall B. Pitts, Jr. 5,107 George Turner 1,824 Ron Winfrey 3,152 Grace Yeager 2,844 We, therefore, certify that we have judicially determined that the votes received for candidates for Mayor and City Council resulted in the nomination of the following candidates to appear on the ballot on November 4, 1997. For Mayor District 2 J. Breeden Blackwell Ida A. Ross J.L. Dawkins Paul A. Williams For City Council At-Large District 7 Thomas C. (Chris) Dempster Devone A. Kinston Anne Fogelman Curtis Worthy Jimmy Kizer Milo McBryde District 9 Marshall B. Pitts, Jr. Suzanne T. Rucker Ron Winfrey Wick Smith Given under our hand and seal this 10th day of October, 1997 H. Approve the following bid awards: 1. Award of contract for bus washer for Transit Department to Caravelle Industries, Inc., (Chatham, VA), lowest responsible bidder, in the amount of $42,250.00. Bids were received as follows: Caravelle Industries (Chatham, VA) $42,250.00 Sherman Supersonic Indust. Corp. (Mississauga, Ontario) $45,770.00 Ross & White Co. (Cary, IL) $47,900.00 2. Reject all bids for the following Airport projects due to nonfunding by FAA: a. Taxiway "K" b. Non-licensed Access Road I. This item was pulled for discussion. J. Authorize advertisement for sealed bids for sale of City owned tract of land - Circle Court Play Area. RESOLUTION AUTHORIZING THE ADVERTISEMENT OF PROPOSAL TO ACCEPT A BID AND TO SOLICIT UP-SETS FOR CITY PROPERTY. RESOLUTION NO. R1997-097. K. Authorize advertisement of the sale of buildings located at 207 and 209 Myrover Street. RESOLUTION AUTHORIZING THE ADVERTISEMENT FOR AND SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1997-098. L. Approve additional buy clause to Cunningham Associates for purchase of four playground units, in the amount of $106,000.00. M. Approve the following financial matters: 1. Adopt Special Revenue Fund Project Ordinance 98-3 Closeout (Gang Grant). At their July 25, 1995, meeting, City Council accepted a two-year Governor's Crime Commission grant for the gang intervention program. These funds were used to hire two investigators, one administrative clerk, operating expenditures, and equipment for the program. The purpose of this unit was to identify, collect, analyze, and disseminate intelligence on local gang activity to local, state, and federal law enforcement agencies. This was accomplished through coordinated investigations, interviews with informants, victims and suspected gang members, as well as other law enforcement agencies. This project is complete and all revenue has been received. Crime Commission funding of this program was terminated June 30, 1997, with the program subsequently funded in the FY 1998 General Fund budget. 2. Adopt Capital Project Ordinance 98-2 (Design Fees for Police Training Facility). This ordinance recognizes a transfer from Federal Forfeiture and Controlled State Substance Tax revenues to the Public Safety Fund for the architectural and engineering costs associated with the Police Training facility. City Council at their July 22, 1996, meeting engaged Shuller-Ferris and Associates to design additions to the Police Training Facility. At their April 21, 1997, meeting, Council approved a schematic drawing of the project and directed the solicitation of construction bids. On September 29, 1997, Council awarded construction bids for the facility. This ordinance appropriates funds for the design contract previously authorized by Council. 3. Adopt Capital Project Ordinance 98-4 (Brownfields Assessment Grant). USEPA has approved the City's application and work plan for the Brownfields Assessment program. The grant will allow the City, as one of only 25 cities across the country, to work cooperatively with the state and federal governments to find creative solutions to some of the environmental issues affecting the redevelopment of the City's downtown. 4. Adopt Capital Project Ordinance Amendment Change 98-2 (FAA General Aviation Area Improvements Project). The Federal Aviation Administration has provided the Fayetteville Regional Airport with an additional $34,017 in federal grant funds for the general aviation project. Matching requirements are available in the Airport's budget. 5. Adopt Capital Project Ordinance 98-3 (FTA FY98 Capital for Transit). The Federal Transportation Administration has awarded the City $564,385 for the purchase of replacement buses (2), replacement vans (3), bus stops and signage and other maintenance items. Total project expenditures are estimated at $681,247, with $564,385 being provided by FTA, $54,500 provided by NCDOT, and a City local match of $62,362. The local match ($23,000) for the non-bus items is available in the FY98 budget. The bus match of $49,000 will be included in the FY99 budget which is the estimated delivery year of the buses. 6. Adopt Special Revenue Fund Project Ordinance 98-4 (FTA FY 98 Planning for Transit). The Federal Transportation Administration has awarded the City $140,000 for the annual transportation planning component. Total project expenditures are estimated at $175,000 with $140,000 being provided by FTA, $14,000 provided by NCDOT and a City local match of $21,000. The local match is available in the FY98 budget. 7. Adopt Capital Project Ordinance 98-5 (FTA Section 3 FY 97 Replacement Buses for Transit). The Federal Transit Administration, through the North Carolina Department of Transportation has awarded the City $600,000 for the purchase of three (3) replacement coach buses. City Council authorized the submission of a grant application on January 21, 1997, for this activity. Total project expenditures are estimated at $750,000 with $600,000 being provided by FTA and $75,000 being provided by NCDOT and the City respectively. Matching requirements of $75,000 will be included in the FY99 budget which is the estimated delivery year of the buses. N. Approve Municipal Agreement with the N.C. DOT for utility work associated with 401 By-Pass widening project. COPY OF A RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. RESOLUTION NO. R1997-099. O. Approve Municipal Agreement with the N.C. DOT for replacing the culvert and pipes beneath Ireland Drive associated with the drainage project in the Evergreen East area. This item was pulled for discussion. P. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, prohibiting parking on McFayden Drive. This item was pulled from the agenda with no action by Mr. Ronald Rabun, City Manager. Q. Adopt ordinances amending Chapter 20, Motor Vehicles and Traffic, adding stop and yield control in new subdivisions. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1997-026. (Traffic Schedule Number 6 - Stop Intersections) AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1997-027. (Traffic Schedule Number 14 - Yield Right of Way) R. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, for speed limit change on Ramsey Street (US 401) requested by N.C. DOT. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1997-028. (Traffic Schedule Number 8 - Speed Control) D. Approve minutes of regular meeting of September 15, 1997. Councilmember Kendrick requested that the minutes be researched to see if Item 7 of the minutes reflected that a report was to be made to the Council in March of 1998. A subsequent search of the records indicated that there was no mention of a March 1998 report during this meeting. E. Approve minutes of regular meeting of October 6, 1997. Councilmember Kendrick requested that an additional petition be mailed to the North Carolina Department of Transportation to go with Resolution No. R1997-095 requesting the installation of a traffic signal at the intersection of Robeson Street and Levy Drive. The petition was presented to the City Clerk for mailing. Councilmember Kendrick moved to approve the minutes with the addition of the additional petition with 37 names, seconded by Councilmember McBryde and carried unanimously by a vote of 7 to 0 with Councilmembers Ross and Torrey excused. Councilmember Ross arrived at 7:15 p.m. I. Adopt resolution authorizing condemnation of easement for storm water drainage - Kinwood Drainage Project Parcel E-1. Councilmember Smith pulled this item for discussion. Assistant City Manager Jimmy Teal stated the property owner would not agree to give the City a right-of-way and was asking for additional piping that was not necessary for the project. Mr. Teal stated that all of the other property owners in the area had given easements except for this parcel. Mr. Teal stated that this is Phase 2 of a three-phase project and it was his and the staff's opinion that the request being made by the property owner was the responsibility of the property owner and not the City. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1997-100. Councilmember Smith moved to adopt the resolution, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 8 to 0, with Councilmember Torrey excused. O. Approve Municipal Agreement with the N.C. DOT for replacing the culvert and pipes beneath Ireland Drive associated with the drainage project in the Evergreen East area. Councilmember Kendrick pulled this item for discussion. He inquired about the time frame of this project. Mr. Jimmy Teal stated the City is still waiting for a permit from the U.S. Corps of Engineers to start part of the project but in the meantime work on the project is being done. COPY OF A RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. RESOLUTION NO. R1997-101. Councilmember Kendrick moved to approve, seconded by Councilmember McBryde and carried unanimously by a vote of 8 to 0 with Councilmember Torrey excused. Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1997. Copies of the foregoing ordinances are on file in the City Clerk's office in Ordinance Book NS1997. 3. PUBLIC HEARINGS: A. (P97-53F) Consideration of revisions and amendments to the Fayetteville Code of Ordinances, Chapter 32, Zoning, Article IV, Section 32-28 (12.1) to add "Circuses, carnivals, fairs and side shows by non-profit organizations after obtaining a permit from the Inspections Director or his designee" as a permitted use in the C1 Local Business District. Mr. Victor Sharpe, Planning Division Manager, presented this item. Mr. Sharpe stated the Planning Commission recommended approval of the amendment. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition and the public hearing opened and closed at 7:26 p.m. Councilmember Torrey arrived at 7:29 p.m. A discussion was held with Councilmembers expressing their concerns about the noise level, the side and back yard restrictions, and the type of adult entertainment which would be in the side shows. Councilmember Kendrick moved to send this issue back to the staff and Planning Commission for further definition and clarity, seconded by Councilmember Cheek and carried unanimously by a vote of 9 to 0. 4. Consideration of request to address City Council from Chuck Gore regarding City participation in the installation of sidewalks in the Wessex Place subdivision. Mr. Chuck Gore requested that the City participate in the building of sidewalks on both sides of the street in the Wessex Place Subdivision on a 50-50 basis. Mr. Gore stated the estimated cost would be $60,000 with the City's portion being $30,000. A discussion was held on the availability of funding for the sidewalk and the Council's policy on sidewalk construction. Councilmember Torrey stated he felt this would set a precedent for other developers and he did not feel that City funds should be used. Councilmember Cheek moved to refer the sidewalk policy back to the staff for further analysis and recommendations to include funding, seconded by Councilmember Kendrick. Mr. Teal stated that a traffic count would be done by the staff prior to bringing the item back to Council. Mayor Dawkins called for a vote on the motion and the motion carried unanimously by a vote of 9 to 0. This item is scheduled to be addressed at the November 17, 1997, meeting. 5. Consideration of Municipal Agreement with the N.C. DOT for the signal system upgrade project. Assistant City Manager Jimmy Teal presented this item. Mr. Teal stated the signal traffic upgrade will enable the City to have state of the art equipment. Mr. Teal explained that this agreement would obligate the City to pay a portion of the cost of the project. The City owns and operates roughly 17 percent of the cabinets in the system. However, the City's share in agreement would be 11.9 percent. The 5.1 percent difference is due to work that will be done beyond the system boundary by the North Carolina Department of Transportation. Mr. Teal stated the estimated City share is $825,000.00, which would be paid over the course of seven fiscal years beginning in fiscal year 1997-98 and ending in fiscal year 2003-04. COPY OF A RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. RESOLUTION 1997-102. Councilmember Kendrick moved to approve the agreement and to thank the North Carolina Department of Transportation for all they were doing for the citizens of Fayetteville, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. 6. Consideration of approval of Change Order No. 1 to Municipal Advisor, Inc., contract. City Attorney Robert C. Cogswell, Jr., presented this item. Mr. Cogswell explained that an authorization was needed to issue a change order to the City Manager Recruitment Contract with Municipal Advisors Incorporated. He explained that the charge would increase the amount allowed for out-of-pocket expenses incurred from $3,000.00 to $5,840.00, for a total increase of $2,840.36. The contract specified that all out-of-pocket expenses would not exceed $3,000.00. A discussion was held regarding the request and the issue of funding the excess expenses. Councilmembers McBryde, Blackwell, Smith, Dempster and Kendrick expressed their opposition to paying any additional funds. No action was taken on this item. Councilmember Massey asked if this meant there could be no further action taken on this item. He received an affirmative answer from Mr. Cogswell. 7. Consideration of approval of advertisement declaring City Council's intent to award, at the November 17, 1997, City Council meeting, a purchase contract for lift device for Airport using "piggyback" purchase authorization for sole bidder. Mr. Craig Hampton, Director of Administrative Services, presented this item. Mayor Pro Tem Blackwell moved to approve, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. 8. Consideration of the following matters related to the PWC Administration Building. A. Presentation of construction plans for PWC Administration Building. B. Approve allocation of the Administration Building Reserve Fund to the Administration Building Capital Project Fund subject to following conditions: 1. Final schematic design approval by City Council. 2. Release of funds for construction activities per City Council approval. This item was pulled from the agenda in its entirety at the request of PWC. 9. Consideration of the following PWC financial bond matters: A. Approve allocation from the Water/Sanitary Sewer Reserve fund to the 1997 Revenue Bond Capital Project Fund. Councilmember Kendrick moved to approve, seconded by Councilmember Dempster and carried unanimously a vote of 9 to 0. B. Approve amendment of the 1997 Revenue Bond Capital Project Fund. Councilmember Kendrick moved to approve, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. C. Adopt resolution of the City Council of the City of Fayetteville directing the filing of an application for approval of the issuance of Public Works Commission Revenue Bonds, Series 1997, for the purpose of financing the construction and installation of capital additions to the water and sewer system of the City. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE DIRECTING THE FILING OF AN APPLICATION FOR APPROVAL OF THE ISSUANCE OF PUBLIC WORKS COMMISSION REVENUE BONDS, SERIES 1997, FOR THE PURPOSE OF FINANCING THE CONSTRUCTION AND INSTALLATION OF CAPITAL ADDITIONS TO THE WATER AND SEWER SYSTEM OF THE CITY. RESOLUTION NO. R1997-103. Councilmember McBryde moved to adopt the resolution, seconded by Councilmember Kendrick and carried unanimously by a vote of 9 to 0. 10. Consideration of proposed site of Martin Luther King, Jr. Park. Assistant City Manager Ben Brown presented this item. Mr. Brown informed the Council that the staff had met with representatives from the Human Relations Commission and the Martin Luther King Committee, Inc., and it was his understanding that a partnership between the groups was emerging. Mr. Brown stated the staff's recommendation is that the two groups work together on this project to take full advantage of the Martin Luther King Committee's, 501(C)3 status to raise the necessary funds and the City's Human Relation Commission's capacity to foster and promote community-wide support of the development of the park. Mr. Brown presented the Council with a map of the proposed site which is city-owned property in the vicinity of the Blue Street Senior Citizen's Center. The property is generally abutted by Bragg Boulevard and Murchison Road. Mr. Brown recommended the Council approve the site in order that the Martin Luther King Committee, Inc., could obtain funding from the state during the upcoming short session of General Assembly. Councilmember Massey stated he felt it was a positive action for a public/private partnership to be formed but he felt the perimeters for each group needed to be set out. A discussion ensued. Mr. Ted Kinney, Chairman of the Martin Luther King Committee, addressed the Council on the project. He expressed his support for the site location. Councilmember Massey moved to approve the City-owned site for the Martin Luther King Memorial Park, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. 11. APPOINTMENTS A. Consideration of request from Airport Commission to add non-voting ex-officio members to the Commission. Mayor Dawkins introduced this item. He stated the Airport Commission had requested that three ex-officio seats be created; one for the Fayetteville Chamber of Commerce president, the second for the Fayetteville Area Economic Development Corporation (FAEDC) executive director, and the third for the Fayetteville Business and Professional League president. Councilmember McBryde moved to accept the recommendation and have the changes written up and brought back to the Council for approval, seconded by Councilmember Kendrick and carried unanimously by a vote of 9 to 0. B. Historic Resources: 4 vacancies; 3 nominations made, 1 needed. Councilmember Smith inquired if there was any way Ms. Susan Hyatt who had been recommended for Category 4 could be placed on the Commission when she did not qualify for that particular category. A discussion ensued regarding the categories of the Commission. City Attorney Robert C. Cogswell, Jr., stated he would have to do research before answering the Council's question. Mayor Pro Tem Blackwell stated he felt the Commission should do a letter to the Council stating their desire to expand the membership. He requested to vote on the reappointments of the people who had done a good job for the City. The following reappointments were unanimously approved: 1. Category 1 - Eric John Lindstrom for appointment to a first two-year term. 2. Category 2 - Dr. J. Wayne Riggins for appointment to a first two-year term. 3. Category 6 - Dr. Enid B. Jones for reappointment to a second term. No nominations were made for Category 4, building designer or land use design professional. City Attorney Robert C. Cogswell, Jr., readdressed the Council and stated that according to the statute, a majority of members of this Commission have to demonstrate a special interest in history or education in history, architecture, archaeology or related fields. He stated he would need to review the charter before coming back with a recommendation at the next meeting. C. Parks and Recreation Advisory: 8 vacancies; 6 nominations made, 2 needed. The following nominations were made: (1) Richard Varela was nominated by Councilmember Smith; (2) Mr. Alan S. Campbell was nominated by Councilmember Kendrick; (3) Dr. Peggy Green was nominated by Councilmember Massey and (4) Miss Hervenna Pannell was nominated by Councilmember Ross. A vote was held on the nominations with the following results: 1. *Linda L. Miller 9 (Votes) 2. *Greg M. Edge 7 3. *H. James Hankins 7 4. *Katherine Marable 6 5. *Charles Evans 6 6. *Alan S. Campbell 6 7. *Dr. Peggy Green 6 8. *Richard Varela 5 9. W. David Smith Jr. 3 10. Hervenna Pannell 2 Mayor Dawkins declared that the eight highest totals would be the winners. The winners have asterisks by their names in the above list. Councilmember Ross stated she would like to resubmit Miss Pannell's name for the Senior Citizen's Advisory Board. Mayor Dawkins stated he felt that both names should be resubmitted for other boards or commissions. D. Wrecker Review Board; 1 vacancy for Chairman; 1 nomination made. Mr. Donnie Egan was unanimously appointed Chairman of the Wrecker Review Board. 10. ADMINISTRATIVE REPORTS: A. Report on Murchison Road Corridor Planning Study. Mr. Victor Sharpe, Planning Division Manager, asked that the Murchison Road Corridor Study requested at the October 6, 1997, meeting for a November 17, 1997, return be extended to an unspecified date. Mr. Sharpe explained that coordination of all the studies of the area was necessary and the community had asked to be allowed to participate in the study. Councilmember McBryde moved to extend the report time until the report could be done, seconded by Councilmember Kendrick and carried by a vote of 8 to 1 with Councilmember Massey opposed. B. Report on change in location for November 17 and November 24 City Council Meetings due to renovation of Council Chamber. No action was taken on this item. C. Status report on amount of Community Development money spent. (One year action report requested by Councilmember Ida Ross) Councilmember Ross requested that this report be made an item at the next City Council meeting. D. Discussion of Trailways Bus Station Property on Gillespie Street. City Attorney Robert C. Cogswell, Jr., presented this item. Mr. Cogswell gave a background of the demolition lien of $92,195.77, which resulted from the City's concern about public safety and liability. Mr. Cogswell stated the property was the preferred site for the county jail. The County had made an offer of 10 percent over the taxed appraised value of $83,765 which would come to around $92,000 and the County had agreed to hold the City harmless in any hazardous material cleanup on the property. Mr. Cogswell recommended (1) acceptance of the offer of 10 percent over $83,765; (2) that the City collect all it can on the other outstanding liens on the property; and (3) the County will hold the City harmless in any hazardous material cleanup on the property. Councilmember McBryde moved to follow the City Attorney's recommendations for the sale of this property, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 9 to 0. E. Closed session to discuss land acquisition. Councilmember Kendrick moved to go into closed session for the purpose of discussing land acquisition, seconded by Councilmember Torrey and carried unanimously by a vote of 9 to 0. The regular session closed at 8:44 p.m. and resumed at 9:00 p.m. No action was taken by the Council. INFORMATION ITEMS: 1. Report on tax refunds less than $100. Name Year Basis City Refund Beasley, Johnny 1996 Correcting Tax District 28.58 Doody, Harry A. 1997 Adjusting MV Values Per Condition 21.83 Hall, Brett Daniel 1996 Jurisdiction Fort Bragg 74.35 Harris, Harold Ruben 1996 Military Non-Resident 22.82 Novak, Thomas R & Andrea 1996 Military Non-Resident 22.62 Santiago, Eddie 1995-96 Military Non-Resident 27.77 Saulsbury, Kurt Roy 1995-96 Military Non-Resident 85.25 Fayetteville Area Habitat 1997 Approval for late Application 48.51 For Humanity For Tax Exemption Per GS 282.1 Total $331.73 2. Letter from Julian T. Mann, Jr., commending Member of the Fayetteville Police Department. 3. Report on investigation into Edna Drive pavement condition (requested by Jim Smith). 4. Report on seltbelt survey. 5. Report on left turns on red signal from one-way street to one-way street (requested by Councilmember Mark Kendrick). 6. Report on downtown projects from City Staff and 'Once and For All" Project Management Team (Phase I Progress Report #8). 7. Police Department monthly report for the Office of Professional Standards for the month of September, 1997. 8. Airport Commission - minutes of September 10 and 30, 1997. Councilmember McBryde moved to adjourn the meeting, seconded by Councilmember Kendrick and the meeting was adjourned at 9:02 p.m. REGULAR MEETING NOVEMBER 3, 1997 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER NOVEMBER 3, 1997 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2)(arrived at 7:15 p.m.); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4)(arrived at 7:29 p.m.); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: Ronald H. Rabun, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Karen Musgrave, Assistant City Attorney Kai Nelson, Finance Director Victor Sharpe, Planning Division Manager Steve Blanchard, PWC, Manager Frank Simpson, Inspections Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Dr. Bruce Martin, Pastor of the Village Baptist Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins presented a proclamation on behalf of Better Health of Cumberland County recognizing the month of November as National Diabetes Month. Mayor Dawkins stated that weekly classes for Diabetic Educational Programs are available for all citizens through this organization. Mayor Dawkins announced the Character Education Concept for November 1997 is integrity. 1. APPROVAL OF AGENDA City Manager Ronald Rabun requested to pull Item 2.E, for no action because of a last minute request by the FAA to add five items. Mr. Raben stated that he and the City Attorney needed to review the additions prior to approval by the Council. City Attorney Robert C. Cogswell, Jr., stated the record needed to show that Item 2.B, approve change and location for November 17 and November 24 meetings due to renovation of Council Chambers, was only for change in location and not a change in the date or time. Councilmember Cheek moved to approve the agenda with the removal of Item 2.E in its entirety and the addition of information to Item 2.B, seconded by Councilmember Kendrick and carried unanimously by a vote of 9 to 0. 2. CONSENT: Councilmember Cheek requested to pull Item 2.K, Councilmember Smith requested to pull Item 2.G and Councilmember Torrey requested to pull Item 2.D. Councilmember McBryde moved to approve the consent agenda with the deletion of Item 2.E, the addition of information to Item 2.B, and with the exceptions of Items 2.D, 2.G and 2.K, seconded by Councilmember Massey and carried unanimously by a vote of 9 to 0. A. Approve minutes of regular meeting of September 15, 1997. B. Approve change in location for November 17 and November 24 City Council meetings due to renovation of Council Chamber. The regular City Council meeting scheduled for November 17, 1997, and November 24, 1997, will be held at the regular time of 7:00 p.m. at the following location: Cumberland Hall Auditorium Fayetteville Technical Community College 2201 Hull Road Fayetteville, NC The meeting place is the only change made in these meetings. C. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, prohibiting parking on McFayden Drive. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (Traffic Schedule Number 11 - Parking Prohibited - McFayden Drive). ORDINANCE NO. NS1997-029. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1997. D. This item was pulled for discussion by Councilmember Torrey. E. This item was pulled from the agenda for no action by City Council on the approval of the agenda. F. P97-50F. Approve the initial zoning to C1P Shopping Center District or to a more restrictive zoning classification for an area located on Ramsey Street just north of Northgate Shopping Center. Containing 2.1 acres more or less and being the property of Bill Properties as evidenced by map and legal description furnished by the City of Fayetteville, and annexed by the City of Fayetteville, effective October 6, 1997. G. This item was pulled for discussion by Councilmember Smith. H. Adopt ordinance amending Section 4-22(b), Airport Commission, of the City Code, adding ex-officio members per Airport Commission request. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 4-22(b), MEMBERSHIP. EX-OFFICIO MEMBER; NON-VOTING, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1997-017. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1997. I. Adopt Capital Project Ordinance Amendment Change 98-3. (Terminal Renovations and Passenger Lift Device.) At their meeting of June 16, 1997, City Council adopted a capital budget ordinance for the rehabilitation of the terminal building. Funds (federal, state and local) were appropriated for the design and construction bidding of the terminal renovations. At their meeting of September 29, 1997, City Council awarded construction contracts for the terminal renovations. These construction contracts are being funded with FAA, NCDOT and airport funds over two fiscal years commencing in fiscal year 1998. At their meeting of October 27, 1997, Council authorized the advertisement for the acquisition of a passenger lift device. This capital project ordinance appropriates funds for the previously awarded contracts. J. Adopt resolution approving the use and distribution of the preliminary official statement relating to City of Fayetteville, North Carolina Public Works Commission Revenue Bonds, Series 1997. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE APPROVING THE USE AND DISTRIBUTIONS OF THE PRELIMINARY OFFICIAL STATEMENT RELATING TO CITY OF FAYETTEVILLE, NORTH CAROLINA PUBLIC WORKS COMMISSION REVENUE BONDS, SERIES 1997. RESOLUTION NO. R1997-104. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. K. This item was pulled for discussion by Councilmember Cheek. D. Approve conveyance of Lot 16, Habitat Village, Phase I to Habitat for Humanity. Councilmember Torrey inquired about the liability of the City because this project was located in the 100-year flood plain. Mr. Frank Simpson, Inspections Director, stated that as long as it was built above the base flood elevation, the City would have no liability. Councilmember Torrey moved to approve, seconded by Councilmember Cheek and carried unanimously by a vote of 9 to 0. G. Approve the following PWC matters: 1. Approve purchase of an additional 150 15KVA CSP Transformers from Ermco c/o National Transformer Sales, in the amount of $87,450. (Original bid awarded by Commission on 6/11/97 provided for purchase of additional units within a one-year period upon agreement of both parties.) 2. Approve bid award to Brown Utility Company (Concord, NC) low bidder, for construction of a 12" water main along Century Circle (from Strickland Bridge Road to Stoney Point Road) and an 8" water main along Grimes Road (from Dundle Road to Stoney Point Road), in the amount of $249,000. Bids were received as follows: Brown Utility Company (Concord, NC) $249,000.00 R.H. Moore Co., Inc (Murrells Inlet, SC). $282,223.00 Brewers Excavating (Rural Hall, NC) $309,828.40 State Utility (Monroe, NC) $334,435.00 Wellons Construction (Dunn, NC) $346,664.00 W.M. Keller & Sons (Castleton, NY) $353,500.00 3. Approve of Option and License Agreement with Bell South Carolinas PCS, for a ground lease at the Raleigh Road Substation; (County location) and approval of lease agreement between Charles Allen and PWC for lease of an approximately .24-acre strip adjoining the substation property that is necessary to meet zoning setback and planting buffer requirements. Councilmember Smith stated he was glad to see the co-location of towers and congratulated the staff on doing this. Councilmember Smith moved to approve, seconded by Councilmember Dempster and carried unanimously by a vote of 9 to 0. K. Approve request from Williams Printing and Office Equipment to hang a banner in front of their business celebrating their 50th year in business. This item was pulled by Councilmember Cheek. Councilmember Cheek congratulated Williams Printing and Office Equipment for being in business in the City of Fayetteville for 50 years. Councilmember Cheek moved to extend the time for the sign to be up from the 3rd of to the eighth of November, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. 3. PUBLIC HEARINGS: A. P97-44F. Consideration of an application by Thomas Montroy for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV Section 32-22(3) to allow a Bed and Breakfast in an R15 Residential District for an area located at 1716 Raeford Road. Containing .57 acres more or less and being the property of Thomas Michael Montroy and Honoria Mary Montroy, Trustees of the Montroy Family Revocable Living Trust as evidenced by deed recorded in Deed Book 4435, page 499, Cumberland County Registry. Mr. Victor Sharpe, Planning Division Manager, presented this item. Mr. Sharpe stated the Zoning Commission had unanimously recommended denial of the Special Use Permit and the staff could not make a recommendation for approval or disapproval since this is a Special Use Permit granted on the basis of findings of fact from sworn testimony. This is the advertised public hearing set for this date and time. The public hearing opened at 7:26 p.m. After being sworn in by the City Clerk, Mrs. Honoria Montroy, 1716 Raeford Road, Fayetteville, NC; Mr. Tom Montroy, 1716 Raeford Road, Fayetteville, NC; Mr. Gregory M. Bryd, Attorney, 1901 Bragg Boulevard, Fayetteville, NC; Mr. W. D. MacMillan, 116 Stedman Street, Fayetteville, NC; and Mr. Graham Gurnee, 1016 West Rowan Street, Fayetteville, NC, appeared in favor of the issuance of the Special Use Permit for a bed and breakfast. After being sworn in by the City Clerk, Mr. Keith C. Gardiner, 1704 Raeford Road, Fayetteville, NC; Mr. Pittman Dickey, 309 Person Street, Fayetteville, NC; Mr. Walter C. Moorman, 1609 Pugh Street, Fayetteville, NC; Ms. Iris Thornton, 197 Rush Road, Fayetteville, NC; and Ms. Sandy Waren, 1703 Raeford Road, Fayetteville, NC, appeared in opposition to the issuance of the Special Use Permit. There being no one else to speak either in favor or in opposition, the public hearing closed at 8:00 p.m. Councilmember McBryde moved to deny the Special Use Permit because it was detrimental to the neighborhood, seconded by Councilmember Dempster and carried unanimously by a vote of 9 to 0. B. F97-51F. Consideration of an application by K. D. Angell for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-32 to allow mini-warehousing in a C3 Heavy Commercial District for an area located at 628 Dunn Road. Containing 1.21 acres more or less and being the property of Angell Properties, Inc., as evidenced by deed recorded in Deed Book 4427, Page 0079, Cumberland County Registry. Kathy Kem, of the Planning Staff, presented this item. Ms. Kem stated the Zoning Commission recommended unanimously to approve the Special Use Permit. She stated the staff would not make a recommendation because the Special Use Permit should be granted based on findings of fact from sworn testimony. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition and the public hearing opened and closed at 8:09 p.m. Councilmember Kendrick moved to approve the Special Use Permit with the following findings of fact, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 9 to 0. 1. The proposed activity is free of objectionable characteristics such as noise, smoke and fumes; 2. Pedestrian and vehicular traffic will not be obstructed by loading and unloading activities; 3. Existing first floor retailing activities along the block face containing the site are not disrupted by the proposed use; 4. The proposed use complies with the applicable fire code; 5. That the site be developed in accordance with the site plan as submitted; 6. Hours of operation be from 8 a.m. to 6 p.m. Monday through Saturday; and 7. All drainage plans be approved by the City Engineer. 4. P97-51F. Consideration of the rezoning from R6 Residential District to C1P Shopping Center District or to a more restrictive zoning classification for an area located on Cedar Creek Road near South Plymouth Street. Containing 4.49 acres more or less and being the property of Sanford Properties, L.L.C., as evidenced by deed recorded in Deed Book 4378, Page 373, Cumberland County Registry. Mr. Victor Sharpe, Planning Division Manager, presented this item. Mayor Pro Tem Blackwell moved to approve this item, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. 5. Consideration of award of contract for construction of Morganton Road sidewalks to Nortec Construction Services, Inc., lowest responsible bidder, in the amount of $204,605.00. This item was presented by Mr. Craig Hampton, Director of Administrative Services. Mr. Hampton stated this sidewalk would cover the area from Dobbins Street to Churchill Road. Councilmember McBryde moved to approve the award of the contract, seconded by Councilmember Cheek and carried unanimously by a vote of 9 to 0. Councilmember Cheek requested that letters be sent to all property owners with a time schedule and a point of contact for answering of questions. 6. Report on amount of Community Development money spent (One year action report requested by Councilmember Ida Ross). Assistant City Manager Ben Brown presented this item. Mr. Brown made the following slide presentations: Slide 1 One Year Action Plan Expenditures 1997-98 Fiscal Year Project Budget Current Year 1. Housing Activities $1,697,442 $216,147 2. Homeless Activities $225,000 $9,015 3. Community Development $959,235 $59,801 4. Economic Development $500,000 $49,657 Slide 2 1986-97 District 2 CDBG Expenditures 1. Total of $12,551,966 in CDBG funds expended. 2. $4,318,427 expended in District 2 3. $5,974,185 for the rest of the City 4. $2,259,354 in Administrative costs. Slide 3 1997-98 District 2 Budgeted Projects 1. Eufaula Street Relocation 2. Transitional Housing (Robins Meadow) 3. CHDO Activity - Habitat for Humanity and Kingdom CDC 4. Chess Park Councilmember Ross inquired as to how much HUD funds must be spent before the City loses it. Mr. Brown stated no monies would be lost because of a re-programming that had put all monies in the 1997-1998 one-year program fund. Councilmember Ross then inquired about the moving of the five houses on Marsh Street. Mr. Brown replied that no funding had been set aside for this area, but $905,000 was being spent by the City on Eufaula Street. Councilmember Smith inquired as to the status of the monies allocated to the Longview Project. Mr. Brown stated that no funds had been requested to date. City Attorney Robert C. Cogswell, Jr., stated this was not on the agenda and discussion of conditional funding could present a legal problem. Councilmember Smith requested this item be placed in the agenda for November 24, 1997. 7. Consideration of items for referral to City-County Liaison Committee. No items were referred to the City-County Liaison Committee. 8. APPOINTMENTS A. Fair Housing Board - nominations needed to fill three vacancies. Councilmember Smith nominated Mr. Phillip McGuire for the at-large vacancy. No other nominations were made for either the attorney or real estate category. B. Historic Resources Commission - nominations needed to fill one vacancy for Category 4 (Building Designer or Land Use Design Professional). Councilmember Smith moved to change Mr. Tracy McDonald from Category 3, Realtor, Developer or General Contractor, to Category 4, Building Designer or Land Use Design Professional, and Mr. John C. Clark, Jr., from Category 6, at-large, to Category 3, Realtor, Developer or General Contractor, and to nominate Susan E. Hyatt for the at-large vacancy that would be created by this change. There was no second to the motion and no vote was taken. INFORMATION ITEMS: 1. Statement of taxes collected for the month of September, 1997, from the Cumberland County Tax Collector. 1997 Taxes $2,566,246.29 1997 Vehicle Taxes 205,660.13 1997 Revit 21,280.29 1997 Vehicle Revit 89.89 1997 FVT 25,920.00 1997 Storm Water 177,432.10 1996 Taxes 27,755.41 1996 Vehicle Taxes 38,474.78 1996 Revit 0.00 1996 Vehicle Revit 45.77 1996 FVT 4,838.14 1996 Storm Water 2,231.83 1995 Taxes 6,509.61 1995 Vehicle Taxes 685.72 1995 Revit 0.00 1995 Vehicle Revit 0.00 1995 FVT 125.00 1995 Storm Water 826.65 1994 Taxes 3,923.98 1994 Vehicle Taxes 128.15 1994 Revit 85.07 1994 Vehicle Revit 0.00 1994 FVT 45.00 1993 And Prior Taxes 3,452.58 1993 Vehicle Taxes 27.88 1993 And Prior Revit 0.16 1993 & Prior Vehicle Revit 0.00 1993 & Prior FVT 42.37 Interest 8,316.22 Interest (Revit) 4.44 Interest (Storm Water) 325.07 Fayetteville Discount (44,482.71) Revit. Discount (414.53) Total Collections $3,049,575.29 2. Letter of thanks for services of Traffic Services employees. 3. Report on accident history at Village Drive and Ireland Drive. Councilmember Kendrick requested that this item be placed on the November 17, 1997, agenda as an item. 4. Memo regarding Cablevision's scrambling of "Adult Programming" 5. Appearance Commission - minutes of September 23, 1997. 6. Zoning Commission - minutes of September 9, 1997. 7. Planning Commission - minutes of October 8, 1997. 8. PWC - minutes of September 10, September 24 and October 8, 1997. 9. Parks and Recreation Advisory - minutes of August 25 and September 22, 1997. 10. FACVB - minutes of September 11, 1997. Councilmember Cheek requested that an update on the Cablevision schedule be placed on the agenda for November 17, 1997. Councilmember McBryde moved to adjourn the meeting, seconded by Councilmember Kendrick and carried unanimously by a vote of 9 to 0. There being no further business, the meeting adjourned at 8:30 p.m. SPECIAL MEETING NOVEMBER 13, 1997 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING CITY HALL COUNCIL CHAMBER NOVEMBER 13, 1997 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers; Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Robert A. Massey, Jr. (District 3) (arrived at 8:39 p.m.); Thelbert Torrey (District 4; Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: Ronald H. Rabun, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Karen Musgrave, Assistant City Attorney Victor Sharpe, Planning Services Manager David Nash, Planning Services Staff Craig Hampton, Administrative Services Director Tom McNeil, PWC Real Estate/Special Projects Vera Bell, Solid Waste Management Director Robert Barefoot, Rec/Community Facilities Director Frank Simpson, Inspections Director Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press Absent: J. Breeden Blackwell (at-large) Ida Ross (District 2) INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Fire Chief Pete Piner, followed by Mayor Dawkins leading in the Pledge of Allegiance to the American Flag. Councilmember Smith moved to excuse from the meeting Councilmembers Ross and Blackwell and to excuse Councilmember Massey until he arrived. The motion carried unanimously by a vote of 6 to 0, with Councilmembers Blackwell, Ross and Massey excused. RECOGNITION: 1. APPROVAL OF AGENDA Councilmember Smith moved to approve the agenda, seconded by Councilmember McBryde and carried unanimously by a vote of 6 to 0, with Councilmembers Blackwell, Ross and Massey excused. 2. PUBLIC HEARINGS: A. Public hearing on proposed annexation of Area 3A: Bonnie Doone; Cottonade; Summerhill; Ponderosa. The following is the transcript of this meeting in its entirety and the public hearing on the proposed annexation of Area 3A, set for this date and time: DAWKINS: Good evening. Welcome to this special meeting concerning annexation on November 13th, a little after 7:00. I apologize for the way the layout is, but we are making some changes behind us. Incidently, the next two city council meetings will be held in Cumberland Hall at the campus of Fayetteville Technical Community College starting at 7:00 p.m. on November 17th and 7:00 p.m. on November 24th. Everyone, of course, is welcome to be there. The next council meeting in these chambers will take place on December 1st at 7:00 p.m. Tonight I am very happy to recognize our fire chief, Pete Piner, who will lead us in our invocation, after which we'll remain standing and I will lead us in the pledge to our nation's flag. May we stand? PINER: Let us pray. Oh God of mercy, God of love, we thank thee for the many blessings that we have received. Lord, I think sometimes that we take you too much for granted. Give us the spirit within our hearts so that we will recognize that all these things come from you, and help us to realize that we are here to serve others. Lord, we especially pray tonight for those that are sick and bereaved; we especially pray for one of our co-worker's husband that passed away, Mr. Harris. Be with them in their time of need, and may the Holy Spirit comfort and guide them in their time of need. Lord, guide us through these proceedings now and bless each one here, and may all that we do be acceptable in thy sight. We make our prayer for our precious Lord's name. Amen. MULTIPLE VOICES: Amen. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God indivisible, with liberty and justice for all. DAWKINS: Thank you, Chief Piner. There's a couple of things on a sad note I would like to mention. Some of you may have known John MaLappa. John was retired military and the county finance director for 23 years, passed away yesterday. And also, Mr. Ernie Massey, who was a member of this body, started back in 1959 on the City Council. Ernie passed away suddenly yesterday. I'm sure we want to remember those families in prayer. Before we approve the agenda, Councilmembers Blackwell and Ross have asked to be excused; and Councilmember Massey had asked to be excused until he arrives; and he estimates that will be some time between 7:30 and 8:00 p.m. SMITH: I make the motion to approve, Mr. Mayor. TORREY: Second. DAWKINS: All right, Mr. Smith moved, seconded by Mr. Torrey. All in favor say aye. COUNCIL: Aye. DAWKINS: So Councilmembers Blackwell and Ross are excused from the meeting, and Councilmember Massey excused until he arrives. One comment I'd like to make, Councilmember Cheek is with us, not feeling real well. So there's a possibility that at some point in the evening she may have to leave us. All right. We'll go to item one, approval of the agenda. SMITH: So moved. DAWKINS: Mr. Smith moves. MCBRYDE: Second. DAWKINS: Second by Mr. McBryde. All in favor, say aye. COUNCIL: Aye. DAWKINS: That is unanimous. We will now go to item two. Item two, a public hearing of proposed annexation of Area 3. This is a public hearing only and, of course, no action by council will be taken tonight. These areas are concerning Bonnie Doone, Cottonade, Summerhill and Ponderosa. As always, number one, we're glad everyone is with us. A couple of suggestions from the Chair, and the Chair will, of course, enforce the suggestions as best as the Chair can. We would appreciate when some topic has been discussed, if you would move onto something else, that would help everyone. In fact, there's been some correspondence about a three minute time limit. I understand there are 20 or 21 people who wish to speak. The Chair is upping that, as it is my prerogative, to five minutes. So each person speaking who has signed up previously or signed up tonight will be allowed up to five minutes. Also we will have, if it works -- this is a little different from our normal public hearing, so there will be, of course, no time limit on the total public hearing, until everyone has spoken. Then, of course, if Council wants to take any discussion, that's fine. I'm sure, as I understand it, staff will, as the various things come up, either these things will be looked into and Council will give a report back, not on the 17th, but on the 24th. So, first of all, I'm going to recognize our City Manager, Mr. Rabun. And then he will probably have others he may want to introduce. And then we'll start with Ms. Jones. We will go with the proponents first, and then the opponents after that. Mr. Rabun? RABUN: Thank you, Mr. Mayor, City Council and members of the public. I'd like to emphasize for just a moment on some comments the Mayor made about the Public Hearing tonight. It is the first Public Hearing which follows a series of four informational meetings to the citizens in various locations around the community and the two elementary schools of Alger Wilkins and Ponderosa School. We had four meetings there on various nights; the October 14th and 21st were two of the meetings that were held, and there were two others; and there were a total of four meetings that had about 240 persons attending. So we had meetings there that were interactive, that were explanatory. And our purpose was to explain indeed the possibility of this annexation called area 3-A into the city limits of Fayetteville. And as you've spoke, Mayor, tonight, input will be followed by an action item appearing as a regular agenda item at 7:00 p.m. on Monday the 24th at Fayetteville Technical Community College at Cumberland Hall Auditorium, where additional consideration of action can be had. The process tonight that I would employ would be just a brief introduction of some of the items here, some of the salient points that will then be followed by Roger Stancil, Deputy City Manager, will come behind me and go through some of the mechanics of the annexation process and explain the statutes as necessary, and those kinds of things, to lay the groundwork for some of the consideration here. What has been done thus far to prepare the groundwork and to do the acts as necessary to reach this point has been: A Resolution of Intent that has already been adopted by the Council; A notice to the property owners notifying them of possibility of annexation has been accomplished -- that has been done; The Council has also an annexation report, outlining how the city plans to provide the service to these areas that are proposed for annexation, and that's an attachment in your report tonight. That is an action that is necessary, and it's also been done. The Municipality must hold a Public Hearing tonight, and that is what we're doing tonight. That is the fourth action step in following the statutes that's required in that we're following to comply with those statutes. There is one item tonight that will be explained later in the hearing. Mr. John Shaw has requested a portion of his property be deleted from the proposed annexation, due to its lack of urban character; and that will be explained later on. We tried to keep notes during the sessions of all the hearings or meetings out at the elementary schools and tried to record those and a list of sixteen most frequently asked questions that are in your packet here. And if you flip five pages back, you begin to pick those up, annex questions. And I will deal and talk just a little bit and touch on some of the pocketbook or the wallet issues, as I call them here, that are usually of most concern to the citizens. We have explained, I do believe, that the service that we would provide will be quality services of providing police, recreation in many other areas. And I think those have been accepted pretty well. But the pocketbook issues we want to spend some time on at those meetings, we did considerable, and I'll just highlight those tonight. Item number six as a question is a pure pocketbook issue. There's an increase, of course, in the City of Fayetteville's taxes, but there's some taxes that drop off. You do not have citizens as this passes and comes into the city will not have a ten point five cent fire tax, will not have a five cent recreation tax. Those kinds of things will drop down, reducing the tax bill in those two components. We have slides that show what the net effect of additions and subtractions are. But there are some subfractions if this action does occur. So, considerable questions were asked about the cost of the assessment for sewer. And as the past practice of this council has been, in cooperation with PWC, they've attempted to limit, to place a cap on the amount of the assessment in order to help property owners out with this extra burden, and it is a burden. But the $2815 is the kind of figure that was established in the last year, 1996, area 2 annexation, and the costs in fact could be up to $7400. But the city and the Public Works Commission has seen fit in the past to provide a subsidy. And the word "grant" was used oftentimes in these hearings. What about grants? This in fact is a 62 percent grant, a subsidy of what the costs could be. So we want to state and remind council and all those that are present that there is a considerable affluent part of this city council to do all that it can to take the sting out of some of the cost of this, and then to remind and for us all to remember again that really one of the major driving forces of this annexation is public health issues. And as you know the Cumberland County has been listed by the State Health Agencies in areas of concern with regard to the proliferation, the amount of septic tanks that are in our counties of 60,000, and that is one of the large reasons of arriving at this. And so, I hope that that helps set the stage somewhat here. I would then ask if there are any questions. If not, I would then turn it over to Roger Stancil, Deputy City Manager. Thank you. DAWKINS: Are there any questions of Mr. Rabun by council? COUNCIL: (No response.) DAWKINS: Okay. Thank you, Mr. Rabun. Mr. Stancil, we're glad to have you. STANCIL: My attestment is to summarize for you a report that you have a copy of and that we've presented to you at an earlier council meeting which outlines how the City of Fayetteville plans to provide services to the area proposed for annexation. (Showing slides or other projections while speaking:) I'd like to point out on this particular map is the area that we know as area 3-A proposed for annexation effective June 30, 1998. It's on the northwestern side of the city between the present municipal boundaries and the boundaries of Fort Bragg. This is a more detailed map of the area which indicates that the area located along Bragg Boulevard, the All American Expressway and Yadkin Road. The eastern boundary of the area is the PWC watershed area. And most of the western boundary of the area is Persimmon Creek. The major residential areas within area 3-A are the Bonnie Doone area, Jack Ford subdivision, Cottonade, Summerhill, Four Seasons and portions of Ponderosa which have not yet been annexed into the city. This area also includes several major commercial areas along Bragg Boulevard and along Yadkin Road. The construction of the outer loop is proposed at the top -- north of the area at the top of the green area at the boundary with Fort Bragg. And obviously the construction of that loop will have a tremendous impact on the development and redevelopment of the area. And one of the reasons that it's important to annex this area is so that the city can have input into the quality of that development. The City Council, as Mr. Rabun indicated, adopted a Resolution of Consideration on February 20, 1996, indicating that this area was considered for annexation. On September 29, 1997, the City Council adopted the resolution of intent for this particular area covered in this report, and the Public Hearing is tonight. The notice of this Public Hearing has been mailed in accordance with the legal requirements. And in front of you is a very detailed memorandum of Mr. David Nash outlining the tremendous efforts done to make sure that the property owners in this area have received notification. This area meets the requirements of General Statutes 160A-38 in that the area is adjacent to the present Fayetteville Municipal boundaries. Those General Statutes require that at least one-eighth of the area's aggregate external boundaries coincide with the municipal boundary. In this particular case, 63.93 percent of the area's boundaries coincide with the city's boundary. And finally, no part of this area is included within the boundary of another incorporated municipality. Another requirement of the General Statutes is that the area be developed for urban purposes. Now, this area meets the requirements under that statute of subdivision C-1 of 160A-48, which states that the total resident population equal to at least two persons per each acre of land included within the boundaries. This particular area has a total resident population of 9,356 people, estimated to be 2,825 acres, yielding 3.31 persons per acre and meeting the standards of urban development. I'd like to summarize how the city would provide services at this hearing: Administrative overhead. There's very little increase in cost to the taxpayers. The only increase would be the hiring of an engineer position within Planning and Development, and the upgrade of one clerical position from part-time to full-time. Police Protection. The City of Fayetteville provides all the usual police services, patrol and criminal investigations, as well as the other special programs as our police department provides. Currently the City of Fayetteville is divided into 17 patrol zones. Five officers and an investigator are assigned to each patrol zone. In order to cover this area Zone 18 would be formed, a new zone, to serve the Bonnie Doone annexation area; and Zone 15, which is an existing zone, would be expanded to include Summerhill and Cottonade. Additional officers will be assigned to these areas during peak hours of police activity. The police department will add 23 positions at an estimated annual cost of $677,621 per year. There are no known schools or high schools in this area; therefore, there were no school resource officers included in this. If you approve the annexation these officers would be hired immediately and trained so that their services as full certified law enforcement officers would be available to this area July 1, 1998. Fire Protection. Our City Fire Department provides the usual fire protection services. This particular area is currently served by the Bonnie Doone Fire District. Upon the effective date of annexation residents in this area will no longer pay the County Fire District tax, as we referenced earlier, which is currently 10.5 cents per hundred dollar of assessed valuation. The average emergency response time city-wide for the Fayetteville Fire Department is 4.15 minutes, and 92 percent of all emergencies are answered in less than six minutes. In addition to regular rescue and fire services, we would provide fire code inspection, hazardous materials protection, natural disaster response and recovery, and emergency management coordination. We have a transition agreement approved by the City Council with the Bonnie Doone Fire Department, and it states that when 75 percent of the tax base of the Bonnie Doone Fire District has been annexed, all title, right, interest, and all assets of the Bonnie Doone Fire District shall be transferred to the City of Fayetteville. This is a unique agreement with a volunteer fire department and the city, so that the investment of the citizens of this area continues to serve its citizens. In order to provide service in the area of 14-B, existing 14 employees of the Bonnie Doone Fire Department will become city employees. In addition to that the city will hire 13 new fire fighters which will assist in serving this area and also in contracting with the county to provide fire protection service to the part of the Bonnie Doone Fire District that is not annexed into the city. Emergency Communications. The City of Fayetteville operates an enhanced 911 service, and that will be available to the residents of this area, we think by June 30, 1998. The City provides all the standard street services; street maintenance, street resurfacing and construction, storm drainage services, street signs, sidewalk services, and street lighting. This area includes 31.5 miles of streets. The City will add appropriate equipment to provide service to this area as it does to all other areas of the City of Fayetteville, which includes sweeping residential paved streets six times a year and major and minor thoroughfares 12 times a year. Thirty-one point five miles of paved streets in the annexation area will become candidates for the annual resurfacing list. The City resurfaces approximately five percent of the streets on its system each year. Streets which are cut due to the installation of utilities will be repaired to their previous or better condition. So wherever utilities are installed, the street quality would be at least as good as it was prior to that and probably upgraded. And we also coordinate with the North Carolina Department of Transportation, so the streets that are not to be cut for utility installation will be resurfaced prior to the annexation. There is no new street construction planned in this area at city expense. The storm drainage system that collects and carries rain or surface water to natural water courses and the city assists property owners wishing to improve their storm drainage system. In the current engineering plans for this area, there is approximately one to three hundred thousand dollars budgeted for drainage improvements. The City has a sidewalk program in which homeowners can petition for sidewalks, and the city will participate fifty-fifty with the property owners in building sidewalks; but assessment to the property owner does not exceed five dollars per linear foot, but that's only upon petition of the property owner. We also install street signs, but there are no costs associated with that in this annexation. We do provide street lighting through the Public Works Commission. And those street lights will be provided in accordance to the National Standards adopted by the Public Works Commission. The City of Fayetteville provides residential and commercial solid waste collection and will provide each residential household with one roll-out cart and twice weekly collection; one for household waste and the other for yard trash. We will contract with solid waste collection firms in the area to provide this service, will provide approximately 3500 roll-out carts to the citizens of this area, will add four regular full-time positions and two seasonal positions for yard trash and leaf collection. We will also provide collection of limbs and white goods in this area as we do in other parts of the city. Parks and Recreation. Once this area is annexed into the city, the residents would no longer pay the recreation district tax payable to the county. The city's recreation department operates 14 facilities. We would anticipate adding 20 seasonal athletic assistant positions to serve the recreational needs of this particular area, and anticipate installing two playing units in this area and spending $195,000 for capital improvements, which is generally spent in the area of schools located in the area in our partnership with school systems and recreation. City Inspections Department. In addition to enforcing the building code, regulates minimum housing standards, lot cleanings, junk vehicles, zoning, advertising regulations, landscaping, watershed protection and yard sales. And in fact with annexation, the services of the inspections department are generally those first called upon by citizens of the area for cleaning up lots and getting rid of junk vehicles. We will add one position to the inspections department for this area. Water and sanitary sewer service. The requirements of General Statute are to provide the trunk mains for the area. And I would like to show you maps of the proposed extension of water and sewer lines. All of the major water lines, which are defined as greater than 12 inches in diameter are in place to serve this area, except the area you see along Bragg Boulevard where there's a red line on this map. Blue lines on this map are existing water mains, and with the installation of the red line and the greater than 12-inch water main the city has met its obligations under the statutes for providing water and sewer service. Once again, under the sewer lines the city is required under General Statutes to make sure that the mains are in place, and that is defined again as lines greater than 12 inches in diameter. And as you can see the green lines indicating the existing major sewer lines, and they're already installed in the area so no mains are required to be installed in order to meet the requirements of the General Statutes. There is a requirement in the General Statute, however, that if an individual property owner wishes to make sure that a collection system, sewer or distribution system for water is provided to their house within two years of annexation, they can submit a petition. And then with that petition we will determine how to get service to the particular property and this annexation report will be amended before you adopt the annexation ordinance showing how we would get service to that area. We've received more than a hundred petitions, and we're in the process of talking with the city's engineers to determine how those services would be extended, and we'll have that information for you at sometime in the future. As was mentioned earlier, the extension of those water lines and major sewer lines are financed by the PWC water and sewer fund, and extensions to individual houses are financed through assessments. That's the general summary of how the city intends to provide services to this area. DAWKINS: Any questions of Mr. Stancil by Council? COUNCIL: (No response.) DAWKINS: All right. Anything else tonight? A couple other things before we go to the public hearing, at some point during the public hearing we'll take just a short break when the Chair deems it's necessary that everybody have just sort of a few minutes. Next, also, I have just as information, as I stated earlier, we're certainly glad to have everyone here tonight. I notice Mrs. Kendrick, Councilman Kendrick's wife, is with us. And also, I have seen seven of our eight new council members who will be seated December 1st. We're certainly glad to have all of you here with us, and maybe the eighth person is here somewhere. A little -- just a brief statement by the Chair. Most of you, I'm sure, have been to neighborhood meetings. But in a -- and this just pertains to property tax. In a round figure if a house has a hundred thousand dollars valued or net; that is, probably roughly a hundred and fifty would come off of that for fire and recreation tax that you don't pay. And then if you are having your garbage picked up by a firm, it's probably just about a hundred and fifty. So your net, so far as city tax would be about a two hundred dollar increase. Of course, that would be in addition to any water and sewer. And also so you'll know, and you've probably been told this. But on any property annexed, and this proposed date is June 30, 1998, that all services by city must be provided. That is the State law. That they accept water and sewer, and then the city, PWC, has up to two years to provide water and sewer. Which means roughly, the water and sewer, if we're talking about from tonight, probably those amounts would be due sometime roughly three years from tonight, ball park. As I mentioned earlier, we will go first to proponents -- One other thing on that. I don't think I have to mention this, but certainly there may be people with differing viewpoints and we certainly respect each person's viewpoint. So, Ms. Jones, we're going to go to you first. And one other thing -- excuse me. If you will give us, because there may be some need for correspondence by mail, but as you come -- of course, we just have this mike right up here -- but if you will give us your name and your full address, including your zip code, because I'm sure there will probably need to be some correspondence, so if you'll do that. Of course, that time doesn't count against your time. But if each person will do that; name, full address and zip code. Ms. Jones? JONES: Ms. Margaret Cox. DAWKINS: All right. Mrs. Cox? JONES: Um-hum. DAWKINS: Is it C-O-X? JONES: Um-hum. DAWKINS: Mrs. Cox. I do know that we have a letter here. This person can not make it, but council has a letter I think from someone on North Hampton Road. COX: (No response.) DAWKINS: Mrs. Cox is not here. What we'll do later is, possibly in case she stepped out, I will call for her later on so she'll have the opportunity if she does show up, Mrs. Cox, to speak. All right, Ms. Jones? JONES: Waylon Fulk. DAWKINS: All right, sir, if you'll give us your name and full address, sir, we're glad to have you. FULK: My name is Waylon Fulk, F-U-L-K. Address is 723 Shortridge Road, Cottonade. DAWKINS: All right. And your full address, if you will, including the zip. FULK: Fayetteville, 28303. I'm pretty sure all of these are 28303. DAWKINS: Okay. Thank you. Yes, sir. FULK: Speaking for it. I've been in the Fayetteville area for 30 years. Originally a resident of Hoke County and bought a house in Cottonade 30, almost 31 years ago. I've thoroughly enjoyed the area. But the one thing that I do -- would like to see certainly is sewage. We have the water already. Another thing we do lack, and I know that this council has nothing maybe to do with that, I don't understand why they can't get an agreement worked out, is that why can't we have natural gas at the same time the sewage line is put in. There are parts of Cottonade, for example, that are served with natural gas and other parts are not. And many of the homes, including mine, have gone to bottled gas because that's the only alternative we have after you get rid of your old stinky fuel oil system. So that's something I would certainly like to see, if something could be worked out. It was mentioned in one of the meetings I went to. One of the reasons also is over the 30 years I've lived here, and especially in the last ten or so, I have seen a lot of yards torn up, redoing septic tank drain lines and this sort of thing and septic tanks. Mine was one of them. It's an expensive process. I've had neighbors on both sides of me have their sewage lines running out on top of the ground. It's a smelly thing. I have driven in a very dry time of year that we had several years back into Fort Bragg and smelled the smell coming out of the ground as sewage seeps through the ground in its natural course downhill toward that creek on Fort Bragg, and you could smell it. Now, that's been several years back, but it really turns ripe, and so you can actually smell a smell. I don't intend to move from Cottonade no matter whether this council elects to annex us or not, but one of these days I just might, and I think I'd be a whole lot easier selling my house when I have sewage connected to it rather than septic tank when we have 850 homes along there in Cottonade are connected to septic tanks. And that's my biggest primary reason of all. I know that having it hooked up to sewage will certainly help the value of my home. And I know it's an expensive process to go through. I just wish it would have been done 30 years ago. Thank you. DAWKINS: Thank you very much. Thank you very much. Ms. Jones? JONES: That's it for proponents. DAWKINS: All right. If you'll remind me later, we'll call for Ms. Cox one more time -- JONES: Okay. DAWKINS: -- later on, in case she does come. All right. JONES: The opponents. The first one is Alice M. Sutton. DAWKINS: We're glad to have you. SUTTON: Thank you. My name is Alice Sutton. I live at 435 Dunmore Road. That's Fayetteville. Zip code is 28303. And I'd just like to say that I'm opposed to annexation. Number one, I don't need to be taxed extra. I happen to like the county. I have all the services I need. I get my trash collected the way I want it. And everything is working fine. And my theory is, "if it ain't broke, don't fix it." You guys are trying to fix something that we don't really need. Septic systems work fine as long as you take care of it. I don't need sewage. If sewage does come through -- My family many years ago back in the fifties my Dad started a water and sewage company up in New Jersey. I called up there because that company is still running, even though my father is deceased. I have found out that in New Jersey, which is a much higher state than ours as far as economy goes everything is higher, streets, whatever. Okay, they only charge $20 a linear foot to lay the whole thing. I think you're unreasonable for what you're asking. I'm a single woman and I can not afford you coming in. It's plain and simple. And that's all I really have to say. DAWKINS: All right. SUTTON: But I'd like you to take that into consideration; that if you do, which you probably will anyway, is at least help us financially. We do have a lot of retiree people in our area and our pocketbooks don't stretch as far as you guys. I just wanted to point that out. And I believe that's it. DAWKINS: All right. Thank you very much. Thank you. (Applause.) DAWKINS: We really appreciate it and we do want to hear from everyone, but if you would sort of hold the applause down, the Chair and Council would appreciate it. That was a very good presentation. Thank you. All right. Excuse me just a moment. (Note passed to Mayor Dawkins by the City Attorney.) DAWKINS: Okay. What the Chair is going to do, we have a person that signed on the wrong side. There's a couple more opposed than are in favor. This lady, I'm going to recognize her now. We have a Shirley Watson who had asked to speak in favor as I understand it. Our first gentleman, Ms. Watson and then Ms. Cox who is not here are the only three who want to speak in favor, so I think it would be fair to have her come up. Let's hear from Shirley Watson. Ms. Watson, we're glad to have you. WATSON: My name is Shirley Watson. My mailing address is 810 Maverick Court, Fayetteville, North Carolina, 28303. I live in the New Ponderosa subdivision. This is one of the greatest things that could happen to New Ponderosa. I bought my house in 1983, not knowing anything about septic tanks. I naturally thought when you bought a house in a subdivision that wasn't way out in the country you had public everything. Needless to say, my realtor didn't tell me. Well, I'd never had any problems. I'd been lucky. We moved away to Alaska for five years and came back, and I started having septic tank problems. So I had to find out where it was, how to uncover it, what it looked like, what it did, the lines all in my yard. I put a storage building out there. I didn't know I had lines in my yard. It probably caused some problems there. Needless to say, I had some repairs. This year, 1997, the annexation, like I say, it's the greatest thing that's happened to me. I spent a lot of money having my backyard torn up. It's still not landscaped. I had to have new lines put in. If I have another problem, I'll have to go to my front yard. All my bushes will go, all my trees will go. Needless to say, the cost will be tremendous. This cost, this little fee, considering the fact that on WTVD Channel 11 news, 6:00 news, says the City of Carthage has water and sewers going into their town at zero cost to the homeowner. I don't know how they did it, but they got some kind of grant for that. I don't know where Carthage is. I haven't had a chance to look into it further. But it would be great if the cost could be lower, but I have to go with what you offer because I do want sewage. There's not a day pass that I go home -- I get off work at 5:00, pull into my court. Before I even get to my court, sewage meets me coming down the road. It's all over new Ponderosa. Bedrock and Sante Fe, the two longest streets in the subdivision, sewage everywhere. The people who live up on a hill, of course, it's running downhill. I go to my sister's house and I have to play hopscotch just to get inside her house so I won't step into the sewage. Why? There's no more room for repair. All the yard is taken up. The only alternative we have left is sewage. So if the Council came in and they -- up to the doorway of New Ponderosa, so I sincerely hope you will go into Ponderosa so maybe I can enjoy my deck, maybe I can sit outside, maybe I can have some clean air, and maybe I'll stop having some respiratory problems, which has gotten worse since I came back here. I don't want to sell my house. I'm remodeling my house and I want to stay in it. But I just want something that I thought I had in 1983. And I would appreciate it -- I'm sorry I signed on the wrong sheet, because I'm all for it. I can't imagine not being for public sewage. I mean, at Medlow I turn the curve and it's meeting me at the curb. I go to Bedrock and it's coming down the hill. I might as well move next to a hog farm, because that's what it smells like sometimes. And I sincerely hope that the council says yes, New Ponderosa would be annexed, because I'm definitely all for it. Thank you for you for your time. DAWKINS: Thank you, Ms. Watson. One comment, and we won't belabor it now, but there's a possibility of grants have been mentioned. But I know through HUD naturally it would relate to income and things like that. But those things can be pursued along those lines. But I think it was mentioned earlier that naturally these costs are subsidized to a certain percentage, but there is a possibility according to people's income that there may be some help there. But that can be elaborated on later. Let me go back to -- Let me say one more time, is Mrs. Cox here? (No response.) DAWKINS: Okay. Let's go ahead, Mrs. Jones, with the opponents. JONES: Okay. Kimberly A. Swift. SWIFT: Good evening. My name is Kim Swift. I live at 5816 Weatherford Road, Fayetteville, 28303. Good evening, Mr. Mayor and Council. This evening I'm going to speak to you with two hats: First as a private citizen. I'm against annexation and public sewer. I have no problem with my septic tank. Fire and police have responded on at least three occasions to my home, and they've done so in an excellent manner. My current trash service is excellent. Reducing that pick-up to once a week once we're annexed into the city for my particular home would be almost a catastrophe. I have two little children, and I can't imagine the overflow. We fill the trash can twice a week as it is now. I believe that would be more of a health hazard for us. I would ask the Council that we consider if we are annexed increasing the number of days that you pick up household trash. The second hat I would like to talk under tonight is -- and I want to make this perfectly clear, that these are two distinct voices here -- I serve on the Board of Governors for the Cottonade Community Association. I have been authorized by a unanimous vote to represent all 817 homes tonight. There are three basic issues that we want to ask of you: And the first thing is to stop actions pertaining to annexation and public sewer with two issues in mind. And they are: Whether we're for or against the sewer, whether we are for or against annexation, that we reduce the cost of this to the homeowners. We would like the new City Council to vote on the passage of the annexation ordinance currently scheduled for the 24th of November. We'd request at least one representative from our area and for us be integrated into the new council, even if it's a temporary position. We have reviewed the laws and we understand that we have up to 90 days from this evening for the city council to vote on the passage of this ordinance. This would allow the additional time needed for the new council to re-examine the need for and the cost of the sewer. Our proposed date is February 9th, 1998. That would be day 88. Third, we challenge the council to maximize creative financing techniques to benefit all annexation initiatives, to develop and implement more revenue, use CDBG moneys, apply for emergency shelter funds to the fullest extent possible. What I mean by this is some of the CDBG moneys that we currently have and have allocated can fall under a different funding from HUD. If we renew -- currently, this year, that's about $90,000. If we apply for the emergency shelter grant we could move that over, so that would free up some of the CDBG moneys which would allow to help lower the cost of the sewer. We the homeowners want the sewer assessment fee to be no more than $1600. This evening we'd like to ask for a commitment from you, and that is to allow the new city council to vote on the passage of annexation. DAWKINS: That won't be done, to just answer your question. All we're here tonight is a public hearing. Council takes no action. I mean, it won't be done tonight. SWIFT: I understand that. And when will we be able to hear if in fact you would postpone the vote on the 24th -- DAWKINS: Well, this is scheduled as an item on the 24th. SWIFT: Yes, sir. Well, maybe you can strike that from the 24th's. DAWKINS: No, ma'am. We can not do anything within the next ten days. Our next meetings are the 17th and the 24th. However, council on the 24th would have the prerogative of what they wish to do. SWIFT: What would we have to do to have the motion for the passage of the annexation struck or postponed between now and the 24th? Where would we have to -- What would we have to do? DAWKINS: Mr. Cogswell, do you want to respond? I don't think there's anything we can do. Mr. Cogswell, our city attorney. COGSWELL: That would be up to the city council on the 24th. SWIFT: So we would have to be present for the November 24th meeting to ask that it be postponed; is that correct? MCBRYDE: It's not a public hearing. DAWKINS: Well, it's not a public hearing. It would be up to council, whatever action they wish they can take that night; whether to act or not act. Of course, the following week is December 1st, new council will be seated. SWIFT: All right. That's what we would like to see. We would like to see the new council that will have to deal with us and help us through this annexation. These are people that are present on the board to work with us and people we can at least know that have an interest in this for us. DAWKINS: All right. Let me just ask, and this doesn't count against your time, Mrs. Swift. Did I understand you to state that you wanted someone appointed to the city council, or did I misunderstand that, I hope? SWIFT: No. What we would like, since we have no voice for our current -- our phase 3, we have no representative. DAWKINS: All right. SWIFT: And what we would like is, whether it be an advisor or someone that can speak on our behalf, the issues and concerns that we have in all the communities, Ponderosa, Summerhill, Cottonade and Bonnie Doone, if there was someone in which we could come to on the council or that could be a temporary honorary member -- I don't know what you would call it, but somehow we could have a voice. DAWKINS: Okay. So it wouldn't be a voting member, of course. That would have to be elected by the people. We'll have 12 council members plus the mayor. We could not have -- The city attorney might could explain that, but maybe what you're asking for, I guess council could take that under advisement. But naturally, they could not appoint a voting person. SWIFT: Just a voice, someone who could -- DAWKINS: Right. SWIFT: And that's all I have. DAWKINS: Thank you very much, Mrs. Swift. Thank you. SWIFT: Thank you. (Applause.) DAWKINS: Okay, Mrs. Jones. JONES: Lieutenant Colonel Retired Joseph Foerch. DAWKINS: We're glad to have you. FOERCH: Thank you, Mr. Mayor. I think I have enough copies to pass them around as to what I have to say. DAWKINS: Okay. All right. (Documents handed out.) FOERCH: I've only got a little over 900 words that I want to present you and Council. To introduce myself, I am Joseph Henry Foerch, Jr. I live with my wife, Althea Hoadley Foerch, AT 6232 Dorset Avenue, in Cottonade. We have lived in Fort Bragg, Haymount, or Cottonade for more than 40 years. We are both Connecticut Yankees, retired, more than 81 years old. I am a retired Army Lieutenant Colonel, retired North Carolina State employee, and a Mason and Shriner. We are not opposed to annexation, per se. We are opposed to the PWC Annexation Plan as presented in a handout concerning utilities. We are also opposed to the plans presented concerning garbage and trash service. The PWC plan does not promise to give Cottonade property owners the services required under the legal standards for city services as defined by North Carolina State law. It does not state that collector mains and laterals to property lines will be installed to provide sewer service in two years. Without them, sewer service will not be available for years. Meanwhile, Cottonade becomes a "CASH COW" for the City. (Applause and cheers.) FOERCH: The PWC plan explained somewhat with smoke and mirrors, obfuscating and technical terminology, glossed over problems and costs incorrectly stated, simple errors in calculation. For instance, the calculations shown on page four and five are in error. The correct figures are higher. The problem of water service is glossed over. Certainly, PWC is aware that the water mains in Cottonade are too small to supply fire hydrant flow and pressure to meet national and State standards for city water pressure, supply, and fire protection. Further, if PWC attempted to install those services required to meet the standards within two years, our Cottonade Community would look like a battleground! Police, fire, postal, and garbage and trash services would be impeded and disrupted, perhaps serious injuries to children, delayed school buses will occur, and very angry property owners would eventually express their anger in the voting booths. As ANDY ROONEY wrote not long ago, "I don't think I said this very well, but...you know what I mean." (Laughter and applause.) FOERCH: No mention is made of property owner costs or how they might be financed if services are to be connected. Contractors, plumbers, and others conservatively estimate costs of three to five thousand dollars to properly modify and connect most Cottonade residential plumbing to the sewer laterals. And this estimate does not include any tree and stump removal, lawn repairs, shrubbery, sidewalk and driveway replacement, or septic tank removal or fill-in, fence, mailbox repairs, and on and on and on. The contractors, maintenance and installation companies, and plumbers, lawyers, and others are waiting for this Bonanza! But retirees and widows on fixed incomes are faced with unnecessary and unconscionable costs and debt. The timing of the implementation of this plan is extremely suspect as yet another attempt to further a "hidden agenda". We were given only eleven days to file petitions for service; thus the PWC can use absence of petition as a reason service cannot be provided two years after annexation. (Murmurs from the audience and applause.) FOERCH: We were given only 31 days to consider rejection or acceptance. This "rush-to-vote" appears to be another last attempt to implement the "hidden agenda" while this "lame duck council" are still in office. (Laughter and applause.) DAWKINS: Thank you, Colonel, very much. We appreciate you coming. Thank you. FOERCH: Well, I have one last thing to say. DAWKINS: Very quickly. FOERCH: I'm sure you want to cut me off. DAWKINS: No, the five minutes is the limit, and this Chair will hold the five minutes for everyone. Thank you. UNKNOWN: He can have my time. FOERCH: My point is really what I affirm. DAWKINS: Thank you, Colonel. Thank you. (Cheers and applause.) DAWKINS: Thank you very much. Thank you. (Inaudible comments from the audience.) FOERCH: They don't want to hear what I have to say. DAWKINS: Well, each person has five minutes. We're glad to hear what you have to say among the 21 people that signed up. And the Chair will control the meeting. We're glad to have everyone here. Ms. Jones? JONES: Ann Evans. DAWKINS: Anne Evans. EVANS: Mayor Dawkins... DAWKINS: Yes. EVANS: ...I'm here on behalf of the Shaw family. I understand from Mr. Rabun that matter is coming up later in the evening, if you'd like to hear from the other homeowners before my comments are made. DAWKINS: All right. That would probably be good. I think this is area of some rural property or something. Thank you, Ms. Evans. Ms. Jones? JONES: Gaylord Boitnott. BOITNOTT: Boitnott. JONES: Boitnott? DAWKINS: We're glad to have you, sir. BOITNOTT: I am Gaylord Boitnott. I live at 349 Summerhill Road, in the Summerhill subdivision, Fayetteville, 28303. Good evening, Mayor Dawkins and council. DAWKINS: Good evening. BOITNOTT: I've already introduced myself, so I'll get straight to the purpose of my asking to speak. I'm here tonight to tell you that we the people of Summerhill are not eagerly embracing this idea of being annexed or having a very highly costly sewer system forced on us. So much so that we circulated a petition and the petition asks that we -- that you recognize that the cost will be extremely high, and we want you to reexamine it. And I have tonight 188 signatures on this petition. My neighbors and I are satisfied, even pleased in most cases with the fire department, law enforcement, trash collection and septic systems. (Displaying map while speaking:) The map that I brought here tonight -- the map that I brought here tonight I'll show you and I'll show the citizens, provides information that's been verified by the city by your manager's office as to the number of failures that exist that are on record for how many tank systems are known to be on record now that have failed or have been requested to be repaired or replaced. Now, with the orientation, sir. On this map the area at the top left is the Four Seasons area. The one immediately below that is Summerhill and the area that's going to be annexed. Below that is the Horseshoe area and below that is Ponderosa. And off to the right Cottonade and then the farthest to the right is Bonnie Doone. Can you show that to the people, please? Again, there are six neighborhoods, the first one Four Seasons, then Summerhill -- DAWKINS: Excuse me, sir, if you'll pull that mike around. If you'll move the mike around. Excuse me, sir. BOITNOTT: Thank you, sir. And down here Ponderosa, then Cottonade and then Bonnie Doone. Okay, on the map, the orange dots, the orange blotches represent areas that are known to have had a -- what's termed on this map as a septic tank incident, and then overlaid on that or beside that are green dots and they represent where people have requested service from the new sewer system. This data, when you look at it very carefully you find that in my neighborhood there are 219 homes. There have been eight reports of a problem. Seventeen people asked for -- Thank you, ladies. Seventeen citizens asked for the possibility of a septic system -- I mean a sewer line as it's been announced, and that eight homes out of 219 comes to less than four percent failure. And the map only shows one green dot on top of an orange box, meaning the rest of the citizens have taken responsibility for their problems and fixed it, or at least learned to live with it until they could get it fixed correctly. Now, I live in the neighborhood. I exercise in the neighborhood. I've been there for 13 years. I pass up and down those roads on a daily basis, and occasionally we do smell that there's an effluent smell that where there's a tank that's got a problem. But it's a seldom found occasion. It's not so bad that we have to rush into a costly system or rush into something that we haven't prepared to finance over the long haul. Okay. We ask that you do three things, or consider three things. Those three things that we ask of you are: That you stop annexation actions and execution of the plan 3 alpha until there's been substantial time for the new council to look at this plan and determine how they'll go about implementing it. We'd like this to go to the new council. We feel like the new council is the one who has to live with what they do for us and what we do with them. The second thing we ask is that we direct that the city council select or in some way find someone from our neighborhood to provide representation to you and to be our spokesman to you and your spokesman to us so that we can have a good rapport and communication so we know what we're getting for our money. Right now we feel like we're being gobbled up. We don't feel like we're being we're being represented at all. (Applause and murmurs.) BOITNOTT: My neighbors and I as well as our friends and associates that are from the adjacent areas stand ready to do what we can for the good of us all. We believe that we can work best when we have the right -- when we have our rightful part in making plans and decisions for our future. The last thing that we ask is the city council go back to the drawing board on finances. The price as stated as the basic price of $2815 for the passage of a line leading us to find a plumber to hook this up or something -- the plumbers that I called told me on average over $1,000 to hook us up, or a $3,000 investment minimum to get us back -- just simply into the state of operation, assuming no repairs to sidewalks, driveways and so on. I'm sorry, is that the end of the time? DAWKINS: Yes, sir. BOITNOTT: The only thing I'll close with is that we'd like to work with you instead of opposed to you. And it would please us best if the council that governs us in the future makes the decision for our future. (Applause.) DAWKINS: Thank you very much. Thank you, sir. JONES: Mr. Jack Tuohey. DAWKINS: Mr. Tuohey. Is he here? There he is. TUOHEY: Thank you. Good evening, Mr. Mayor. DAWKINS: Good evening. TUOHEY: My name is Jack Tuohey. I live at 6428 Green Gate Hill Road, Fayetteville, 28303. That's in Cottonade. I'm here to speak of some my personal views. I've been told that the major consideration for annexation are public safety and public health. And if that in fact is the case, my community would gain little or nothing from annexation except the opportunity to pay city taxes. I feel very strongly as do most of the people in my community who are strongly in support of Chief Hansen. We believe that the Fayetteville Police Department is an excellent police department. DAWKINS: Thank you. TUOHEY: But we are also more than satisfied with the performance of the sheriff's department, especially since community policing has been introduced. We've had some great help with community policing. We've had over the past months a steady barrage from the media and others about the so-called crisis or so-called ticking time bomb represented by septic tanks and septic systems. This is simply not been a case in our community. We have had problems with septic tanks; five to eight percent of our septic tanks at the most. These are problems that can be fixed, and they are problems that are due in almost every case to improper installation, lack of proper maintenance, abuse or neglect of the system. A septic system like a house or a car or a sewer system is going to malfunction if it's not properly maintained. As to the crisis or a ticking time bomb, Cumberland County has for years had the authority to require developers to install sewer lines. If we had a real crisis I would assume they would have done it. Our septic systems -- My house is over 30 years old, and many of my neighbors' houses are the same age, and our septic tanks work just fine, but because they are properly maintained. As I understand, the state law permits cities to annex neighboring areas without approval or a referendum among those being annexed. I think that system is wrong. I think it's undemocratic. But until we can change it, we have to live with it, whether we like it or not. If annexation goes forward as planned in 1998, residents of the annexed areas will be taxed by a city in which we are not represented and governed by a city council in the election of which we had no voice. A couple of hundred years ago we had some major problems with the British on those two points. But I guess that was a long time ago and things have changed. Perhaps more to the point today is this. If the annexation of our neighborhoods is approved on November 24th, we will become part of the City of Fayetteville next June where the majority of the present city council is no longer in office, and as a result we will face the prospect of being governed by a council quite different from the one that voted to annex us. As a matter of simple fairness to the neighborhoods and communities affected, I urge the present city council to act responsibly and to postpone the vote of annexation until after the new and recent elected city council has taken office. I thank you very much. (Applause.) DAWKINS: Thank you, Mr. Tuohey. Thank you very much. Ms. Jones? JONES: Mr. James L. Brown. DAWKINS: Mr. James L. Brown. Mr. Brown, we're glad to have you. BROWN: James L. Brown. 620 Shortridge Road, Fayetteville, North Carolina 28303. Well, I didn't even realize that so many people were going to come up and speak so well before me or I wouldn't have signed up to speak. You all said it very well, including the city manager. He spoke very well too. He handed a picture of a grand plan, and it's a grand plan that costs a lot of money. And we already have a plan in place and we're already paying for it. So when the city annexes us into the city, they're going to tax us more to take care of their grand plan, and I don't see where any of our taxes are going to be returned from the county. So I'm against it from that standpoint. The gentleman mentioned the big problem we have or the perceived big problem we have was septic tanks. There is no big problem with septic tanks. If people have them pumped out every once in while and they are maintained they won't have a problem. There are many houses that are -- have septic tanks and drain fields installed that are just not installed properly. I don't know whose fault that is, but it can be corrected, and doesn't take $3,000 to correct it either. Thank you very much. (Applause.) DAWKINS: Thank you, Mr. Brown. Thank you very much. JONES: Mr. James Wolff. DAWKINS: Mr. James Wolff. WOLFF: Thank you. James Wolff. I live at 608 Shortridge Road, Fayetteville, North Carolina, 28303. I live in Cottonade. Good evening, Mayor and city council. This annexation is contrary to everything that our country is built upon. In 1774 North Carolina voted with several colonies in adopting the Declaration of Rights. It was resolved that the British Parliament was not elected by the local assemblies and I quote, "Their indubital rights and liberties cannot be taken away from them, altered or abridged by any power whatever, without their own consent by their representatives," unquote. The Declaration of Independence lists imposing taxes on us without our consent as a reason for absolving allegiance to the British crown. Over a two hundred years have passed and this council is now going to decide our fate. To me you are a foreign government. I was not given the opportunity to vote for you. You do not represent me. You are dictating that I follow your rules and ordinances, pay additional taxes and several thousand dollars in sewer fees. I believe the intent of North Carolina Statute on annexation is to ensure that public health and safety is not jeopardized during the natural expansion of a city. In other words, to protect the people who will live there. But we already live here. I bought my house knowing that Cumberland County would provide all of my services, and I am perfectly happy with the services they currently provide me. I have not heard any facts which remotely prove that my public health or safety is in jeopardy. Now I'm going to take the rest of my time to finish this letter. (Cheers and Applause.) DAWKINS: That's fine. We're on the second -- In fact, I was going to stay and ask the council to read the second page of the Colonel's letter. But that will be fine. Start at the top of the second page. WOLFF: If, knowingly, willingly, and deliberately you act severally and as a body politic to implement this plan after being warned of probable and possible consequences to the well-being and financial costs to the city taxpayers, I believe you will lead Fayetteville into a morass of on-going, costly multiple lawsuits. Precedent, case law backed by State, Federal and Supreme Court decisions permit and support annexation. Nonetheless, those same laws protect property owners from taxation without due process of law; protect citizens of a city from failure of the city to provide monopolistic utility services; protect against substandard, degraded nationally recognized services; and any injuries or damages incurred through installation, operation, or maintenance of those services. Failure of property owners to petition for services within the ten days allowed under this plan is no bar to recourse under law. Please arm yourselves with knowledge and information from unbiased, trusted, objective sources outside of Fayetteville concerning this megaiomanical plan to expand and aggrandize. The "hidden agenda" is to create a need for larger staff and more personnel, larger extremely costly central processing facilities, more and higher taxes and bonded indebtedness, more supervisory responsibility that can be reasonably used to demand higher wages, higher taxes, all of which can be attributed to your individual and collective poor leadership. Then this will effectively destroy you and the city both financially and politically. Voters will say, "You got us into this" and will cuss, discuss, vilify and castigate your leadership. Inevitably, voters will seek recourse and recompense through law and the ballot box. In conclusion, I tell you that many years ago I swore a solemn oath while kneeling on both bare knees with bare hands on an open Bible to "help, aid, and assist others, widows, and orphans and also never to cheat, wrong or defraud my fellow man, but to give due and timely warning of any known approaching danger." Tonight, I have done that. I most solemnly and sincerely ask you to delay any action to annex until a later date and thus defend this great City of Fayetteville against its treacherous, internal enemies who only seek self-aggrrandizement at your expense. Thank you. (Applause.) DAWKINS: Thank you very much, Mr. Wolff. Ms. Jones? JONES: George Isabell. DAWKINS: George Isabell. ISABELL: Mayor, this may be a bad time after all that we have heard, but I am against the annexing of our area. My name is George Isabell. I reside at 442 Horseshoe Road. I have resided there for 35 years. I have had no problems with my septic tank. Now, some of my neighbors have had problems and they have just spent a lot of money to get them repaired. And with this annexation you're going to have to close those up. Now, I have a petition with 46 people on it. Of those 46, there's approximately 38 senior citizens. And I'm also a senior citizen. Today I'm 70 years old, and I am a youngster to some of the senior citizens that's on fixed incomes that will not be able to meet these prices that you have. Thank you. (Applause.) DAWKINS: Thank you, sir. Thank you very much. Thank you. Ms. Jones? JONES: Mr. William H. Cummings. CUMMINGS: William H. Cummings. I live at 1210 Durden Lane, Fayetteville, 28303. Everyone has eloquently spoken here very effective against this. I am very much against this. Going with what Mr. Wolff had said about no representation, I believe I'd like to have the city council -- the new city council have a vote on it some time in February. I cannot really afford to pay for the cost. Senior citizens that live on Horseshoe Road, as Mr. Isabell has spoken, I know from personal experience that living in that neighborhood that they are on fixed incomes and there's no way that they can afford it. Thank you. DAWKINS: Thank you, sir. Thank you very much. Ms. Jones? JONES: Okay. Mr. Lawrence Barner. DAWKINS: Lawrence Barner. BARNER: L.A. Barner. 337 Rhew Street, Fayetteville, North Carolina, 28303. I think somebody might have booby trapped this. (Laughter.) BARNER: Mr. Mayor, members of the council, I'm asking for four things. One, that this thing be disapproved; two if it's already a done deal, then that we be taxed honestly and fairly; and three is that water and sewage department I have a few comments for them; and finally the tree ordinance. Now if I build a new building in Cumberland County and I get an occupancy permit on that in February of any year, I list that for taxes the following January. I don't pay taxes till next January. Now the city manager, whatever his name is, he told us if we go into the city in July, when we weren't in the city in January to list our taxes, but yet we have to pay taxes approximately two months after the time we're annexed into the city. Now this -- he explained about fiscal years and et cetera. But there's no way that you can explain to me that that's fair and I not believe that I'm being cheated or scammed, or I think anyone else would be either. Second, is public -- public works. Some guy from public works got up out there and explained that we had a septic tank time bomb in this county. Now I've heard that hyperbole since 1960. It's getting old. Maybe they ought to come up with a new system. What he did not provide with that is statistical data backing up the number of people that got sick from failed septic tanks, nor did he have a control group that included the amount of people on city sewage and the amount of people that got sick, and with that he should have added the amount of roaches that had infiltrated through the air vent systems of the houses or the cost of putting a check valve in to provide public works sewer from backing up in the house. Now in 1980 the people who live on Ferril Drive, we put an eight-inch water line in which Cumberland water paying for everything. 1992 I was ready to build on that lot. I went down to the third floor of the public works office water and sewer department, and one of the guys who worked back there in the office, he told me if we signed that contract with Cumberland water, it didn't mean a thing, I was going to have to pay for that same water line the second time. Now the only thing that saved me was the fact that I had the contract registered in the courthouse. The public works was in such a hurry to increase their monopoly in this county that they forgot to check that out. Now, some people would say conduct like that is perhaps arrogant. I wouldn't say it myself, but I've heard it. Now also a guy from public works told me that since I had my septic tanks pumped every three years -- I have a number of them in the area -- that I needed sewage. Now anybody who's ever worked with the health department knows that you're supposed to pump them approximately every three or four years, so I don't know where he was coming from anyway. Now this tree ordinance that we talked, we started that in 1960 out there, and I hope you'll benefit from our, what it's caused. Now out there I've got five large oak trees in my back yard, about twenty four inches in diameter fell. One of my neighbors a few years before that opened up his septic tank and five sycamore trees that he planted roots had all gone into that septic tank. And now even if you're on city sewage it's going to be a problem, because a pine tree will go through a whole the size of a hair on your head, and go right into that line going into the septic sewage or city sewage and it will spread out. I've seen one opened up and it looked like someone had stuffed five wigs in there. Now what I'm asking for is that this thing be disapproved, and I concur with all my previous eloquent recommendations by the people preceding me. Now if this thing is accepted the way it is, what it will cause, it will cause the people out there to receive, our freedom to be taken away from us and our money to be taken away from the senior citizens, especially the widows and the elderly people and the low income people since I live in Bonnie Doone. I thank you very much for your time. (Applause.) DAWKINS: Thank you very much. Thank you, sir. Ms. Jones? JONES: Mr. John Mueller. DAWKINS: Mueller. We'll take a break after this one. JONES: Uh-huh. I think that's right. MUELLER: My name is John Mueller. I live at 5904 Weatherford Road, Fayetteville, zip 28303, Cottonade. Mr. Mayor, board, I agree with everything that has been said before me. What I'm getting through annexation is an exchange of service at a very high price in the form of an assessment and higher taxes. I'm quite happy that our sheriff's department is doing a fine job. I'm not saying that the city police isn't going to do a fine job. The sheriff's department's just as good, and I'm happy with them. I'm also happy with the current fire department. Because all you're going to do is leave them in place. There's no change. I'm quite happy with my garbage service. As a matter of fact they come three times a week, not twice a week. And they give me a senior discount. But do we get a senior discount on our taxes or on the assessment? My garbage company will. I'm quite happy with my septic tank. It serves me well. I've lived in my house for over 25 years, and have never had a problem. You know why? Because I take care of it. Now if some people don't take care of it, why should I be penalized? That's all I have to say. (Applause.) DAWKINS: Thank you. We're going to take roughly a five minute break, council. Then we will proceed, Ms. Jones, as soon as we get back. (THE PROCEEDINGS RECESSED AT 8:28 P.M.) (BACK IN SESSION AT 8:39 P.M.) (COUNCILMEMBER CHEEK EXITED THE MEETING DURING THE RECESS.) (COUNCILMEMBER MASSEY ENTERED INTO THE MEETING.) DAWKINS: Let the record show that Mr. Massey is with us, Ms. Jones. As the Chair mentioned earlier, Councilmember Cheek was kind enough to come to our meeting, but she started feeling a little worse, so she had to leave us. All right, let's see, Mr. Mueller, I believe was the last gentleman. JONES: I'm having a problem with some of the names with the handwriting, but ... DAWKINS: All right, If you'll listen real closely, Ms. Jones is having a little bit of a problem with a couple of the names. JONES: I think it's Flona Shephard. The address is 338 Tummer Hill Road. DAWKINS: Right here, Ms. Shephard. Okay, thank you, Ms. Shephard. SHEPHARD: Flona Shephard. 338 Tummer Hill Road, 28303. Hello. Well, I just want to say that I am against annexation. I am a widow, and financially it is just not acceptable. And I don't have too much more to say because everything already has been said tonight. Okay, thank you. DAWKINS: Thank you, Ms. Shephard. (Applause.) JONES: I think it is Dennis Guthree. DAWKINS: Dennis Guthree? JONES: Not Dennis. DAWKINS: It's not Dennis. You might need to check that. JONES: Debbie. GUTHREE: My name is Mrs. Guthree. I live at 512 Southwick Drive in Cottonade. I am also against annexation. I am a widow. I can't afford the fee of annexation. My problem with annexation, I don't why you don't first take a neighborhood like LaFayette Village. Why do you take Cottonade first? Because maybe you think we have more money? And I am satisfied with my septic tank. I am satisfied with everything else. And especially the Cumberland County trash, I have a pick up twice a week, and I don't see anything else by paying more tax for annexation. And that's the way I see. I don't really have a lot to say, meeting with this board. There has been other people, and they really said a lot better than I could have said. And I thank you the president of the association. Thank you. DAWKINS: Thank you very much. (Applause.) JONES: Janine Montgomery. DAWKINS: All right. JONES: 409 Southwick. DAWKINS: Yes. We're glad to have you. MONTGOMERY: I am Janine Montgomery. I live 409 Southwick Drive, Fayetteville, 28303. I am opposed to annexation. Everything is fine in the neighborhood and a little too much change is going on. And if we do, I would like for us at least to wait until the next city council is in place. That's all. Thank you. DAWKINS: Thank you very much. (Applause.) JONES: Kenneth Steen. STEEN: Good evening Mr. Mayor, councilmembers. DAWKINS: Good evening. STEEN: My name is Kenneth Steen, 5545 Hedrick Drive, 28303. I'm also against the annexation. Right now especially, because the negatives outweigh the benefits. The higher taxes and the cost of the sewage are my primary concerns. My aunt in Pennsylvania just had a sewage line installed. It cost her 800 bucks. And it's about the same footage as I have. I don't know if that town had access some grants or government money because we didn't really discuss it. But I'm really concerned about the current proposed expenses. I recommend however that the council review how PWC can volunteer our tax money from that Marvin's Mountain, and not work to ease the installation burden for the sewage line for these folks. In my area I have retired people to include widows, widowers, and they're on fixed incomes. They're going to find it very difficult to pay for the sewer line installation, and on top of that the connection from their homes. My final comment is to recommend that the vote be delayed until the seating of the new council. Thank you. (Applause.) DAWKINS: Thank you, sir. JONES: Albert Bahoric. B-A-H-O-R-I-C. BAHORIC: My name is Albert Bahoric. I own commercial property at 5851 Yadkin Road. I also rent commercial property at 6111-A Yadkin Road, which I believe makes me the first commercial individual you've had before you this evening. The problem I have with annexation is that Fayetteville City doesn't need to grow. It hasn't done such a good job of managing the areas it already has. It overcharges the individuals for the services that they receive. I believe that this annexation is a guise for maintaining and accruing money for the poorly planned revitalization of downtown Fayetteville. (Applause.) BAHORIC: PWC overcharges it's customers. It has millions of dollars in cash reserves that it wants to give away as charitable donations instead of applying it to sewage systems that are used by people who have already paid these taxes. You don't ever hear of PWC having a rate decrease. They have millions of dollars in surplus, but they want to give five million dollars to this, seven millions dollars to that. I don't think that the board of directors at PWC has the interest of the Fayetteville community at heart. I think it's just a money making operation. I am also not pleased with the performance of the city council up until now. If you look at the past record, the moneys that have been spent for reports and projects, cost overruns with the Coliseum, the Marvin Gardens problems -- the downtown revitalization. You drive by all these fancy steel pots that you don't know what to do with now. I think that the people who live in that area that is to be annexed are doing well enough on their own where they don't need more government. I think that we can -- we can handle it on our own. We don't need Fayetteville. Fayetteville doesn't need to be any bigger than what it already is. I think that the main problem is that you probably already made the decision that you're going to annex this area and use our tax money in order to revitalize the downtown area that none of us want revitalized anyway. I think that the biggest problem is that you don't know how to manage a dollar. I'm a small businessman and have been for 25 years on Yadkin Road, quarter of a century, doing the same thing day in and day out. I know how to manage a dollar. I don't give it away. I don't waste it. And I don't think that my tax dollars are going to be used very wisely when we are annexed. And we probably will, even though all these fine people before me have given legitimate reasons why we should not, I think it's a done deal and this meeting is just a formality so that you could feel good whenever you annex us for giving us a choice. Although the one or two people who are in favor of it are far outnumbered by those of us who oppose it, and for good reasons, I don't think that it will be of any good, because basically I'm a pragmatist, and I think that the wisest words that you can go by is don't tell me what you're going to do, go by the record that you've already done. (Applause.) DAWKINS: Thank you very much. JONES: Mr. Carl McRae. MCRAE: My name is Carl McRae. I reside at 322 Nickfield Road, right in the Summerhill area. Mr. Mayor, members of the city council and fellow citizens, I will be brief. I agree to what everybody said previously. If I knew what all was going to be said, I would not have signed my name on the list. But I would like to go on record this evening. I live in Summerhill on four acres of land that my family owns, and I would like to be on the record of being against annexation and the public works because all of the reasons previously stated by my fellow opponents, but more especially the issue of taxation without representation. I don't feel like we've had a voice sufficiently in this matter. Secondly I'm against the public works being put in because I think the citizens are being charged too much. To me those prices that were proposed are redundant. And just to repeat the lines that I've heard previously, if it's not broken, don't fix it. And I feel like we have a situation where we're doing fine where we are. And I would recommend that the city new city council fairly review this before making a final decision. Thank you very much. (Applause.) DAWKINS: Thank you. I've got just one question, Mr. McRae. MCRAE: Sir? DAWKINS: Did you say you have four acres there? MCRAE: My family, yes, sir. DAWKINS: Okay. Thank you. JONES: Mr. Benjamin Jones. DAWKINS: Mr. Jones, we're glad to have you. JONES: Good evening, city council. My name is Benjamin Jones. I live at 1248 Bromley Drive, Fayetteville, North Carolina, 28303. Being a veteran in the military for 20 years I enjoy where I'm living. I have lived here since '84 off and on. There's been a lot said tonight. We don't have a problem with lights. We don't need more lights. We do not have a problem with septic. And if -- and we do not have a problem with the sidewalk. Most places I have seen when you do go in and put sidewalks in, it takes up a lot of the residential neighborhood. It takes up a lot of land. And a lot of construction and equipment that is being brought and put there, it could pose a danger to kids in that neighborhood. Another thing, being a veteran, being that close to Fort Bragg, I feel that Summerhill is just a part of -- it's a part of Fort Bragg. I know that every time there's an alert, there is lot's of noise. I know every time when there's a range. I know every type of weapon being fired. Every time you burn on Fort Bragg, I get a taste of the smoke. Just this past summer I had family and friends over. When they burned on Fort Bragg, my family had to go inside because the smoke just came right into Summerhill. I can hear the soldiers calling cadence. I know each unit, every time they run. I feel if you're paying city taxes you should be paying for comfort. That is not comfort. But I enjoy it, because I chose to live here. Thank you. (Applause.) JONES: Okay. That's all that I have, but Ms. Margaret Cox. DAWKINS: Okay, Mrs. Margaret Cox. Okay, now Mrs. -- JONES: Anne Evans. DAWKINS: Anne Evans. Ms. Evans? I know she was here. Let's wait just a moment. Ms. Evans. All right. Do we need to address Ms. Evans's situation first or just let her.... Okay, Ms. Evans, come forward. We're glad to have you. Give us your name and address and the property you're talking about. EVANS: Good evening, Mayor Dawkins and members of the city council. My name is Anne Evans and I'm appearing tonight on behalf of the Shaw family. John Shaw, Rollin and Frank Shaw, Marie Shaw Dee and their children in connection with property that they own on -- in area 3A of the annexation report. In connection with the property that they own I'm going to quickly address the three parcels of property, and I will move onto the fourth parcel which is the one I really want to focus on tonight. But they do own a parcel of property on the west side of Bragg Boulevard, which is densely populated. It has a number of residences and commercial establishments. They understand the corporate benefit that would be served in annexing that particular property on the western side of Bragg Boulevard and have no objection to the annexation as it relates to that property. They do own two types of property on the south side of Shaw Road, which are being tree farmed. They are basically undeveloped except for a strip along Bragg Boulevard. They really don't see a necessity in annexing it. However if the council believes it would serve material purpose of public benefit, then they would have no objection to it. Now, moving on to the fourth tract, which is the tract I really want to speak with you about tonight. This is a 200 plus or minus acre tract, which lies on the east side of Bragg Boulevard and on the north side of Shaw Road. This tract of property is the tract that the Shaw family specifically requested that the council except from annexation, and I would direct my remaining comments to that property. The property consisting of 200 acres is uniquely located in that it is number one, situated at the head waters of Liver Falls Creek; number two it is located within the PWC Bonnie Doone watershed area; number three, it shares a common boundary with Fort Bragg military reservation; and the fourth unique element of the location is that it is the location of the old -- one of the oldest Longleaf Pine forests in the United States, which provides a habitat for certain endangered birds and plants. So the very important location of this property, together with it's significant environmental attributes contribute to the Shaw's request tonight that this property be excluded from annexation. More particularly, the reasons for excluding property are as follows: Number one, this tract is undeveloped. It is rural in character; Number two, the Shaw's have lived on this property continuously for over 150 years. It's been used as a farm and continues to be used as a farm. They're tree farming now. Now there are only two houses located on a 200 hundred acre tract. There are three mobile homes there that you will -- that are leased from time to time. However, at any given time there's no more than three to five people living on this large plat of property. As I said the property is undeveloped. It is the wishes and desire of the Shaw family that it will remain undeveloped as evidenced by a statement that John Shaw made in a letter he sent to Jimmy Teal, as follows. If I'm lucky I intend to live in the house that I'm in until I depart from this world. And as long as I live there I do not want the property developed. I have lived there on the property for a long time, as did my father and my mother before him. And I farmed it when I was a boy, and I have a feel for it that is entirely distinct from development interest. The purpose of annexation statutes in North Carolina provide guidelines for sound urban development. This property is clearly not urban in character. I would have a photographs. For you all that are not familiar with the property I would have photographs to show you to evidence the lack of urbanization. However, it was raining all day today, so I was not able to get those. But in any event, furthermore, the general statutes of North Carolina declare as a policy in connection with annexation as follows: Municipalities are created to provide government services essential for sound urban development and for protection of the health, safety and welfare in areas intensively used for residential, commercial, industrial, institutional and governmental purposes. This property is not intensely used for anything, particularly any of those purposes. So moving on. In summary, this is rural, it's undeveloped, it's not urban. Second reason for excepting this tract of property is that it is located in the Bonnie Doone watershed, and this is a very, very, critical location. The fact that this property has remained undeveloped has been both beneficial to the watershed area and therefore to the water supply in the City of Fayetteville and in Cumberland County. The Shaw's have made by virtue of certain agreements with federal agencies and -- with a federal agency, the U.S. Army specifically, and state agencies to employ certain environmental practices on their property to protect this ancient stand of Long Leaf Pine and the natural habitat it provides for endangered species; the birds and other species. Those practices include widespread burning of the property which is not allowed in the city of Fayetteville within the city limits, as well as natural reforestation. This is important -- These environmental practices are important not only to maintain the environmental attributes of this property which are very much endangered, but also that it serves to benefit the watershed. Burning produces, apparently produces or reduces surface run-off. And anyway, water quality is improved by virtue of that. Now just moving quickly along through the rest of it. In connection with their agreement not to develop the property, that is what is very important to the watershed area. Whenever you get human activity or development in the watershed area, everyone knows what the effects would be of that. They have voluntarily as well as contractually committed pursuant to an agreement with Fort Bragg not to develop this property for a period of ten years from October 5th, 1994 or commencing October 5th, 1994. They committed contractually. That evidences their desire not to develop it anyway. So they are restricted in developing property and are obligated to manage the property through environmental practices which include controlled burning and reforestation. So in doing these things, the effect is they are benefiting the community, the city of Fayetteville, the county of Cumberland, as well as Fort Bragg in providing an undeveloped property -- DAWKINS: Ms. Evans, we thank you very much. EVANS: Thank you, Mayor Dawkins and members of the council. DAWKINS: Thank you, Ms. Evans. I can vouch that is a rural area with some wonderful Long Leaf Pine. I played there an awful lot as a boy. EVANS: Thank you very much. DAWKINS: All right. And even when I was a little bit older. Okay, Ms. Jones. JONES: That's it. DAWKINS: Okay. Mr. Cogswell, do you have anything to say? Mr. Rabun or Mr. Stancil? RABUN: Now just a statement regarding that last issue on the possible deletion from the annexation area. The procedure would be -- The single action tonight on that was to hear that -- but to amend the report and invoke the ordinance, if you choose to do that to amend that at the November 24th meeting. DAWKINS: Okay. All right. Thank you, Mr. Rabun. Let me just say, council has heard tonight and, of course, we have a record of this and we'll listen to this. Just one thing that I will note, I think I got not everything said, but the good Colonel got his in writing along with the help of Mr. Wolff. But I would like to comment, there were a number of folks that spoke in opposition of this, that did state, and I won't try to say what people said, but there was a fairly strong feeling that if something is done to give the new council an opportunity to be involved. I think I heard that from at least the majority of the citizens. I'll go to council now. I'll close the public hearing. If council has any comments -- MCBRYDE: Motion to adjourn. SMITH: Second. DAWKINS: Motion to adjourn by Mr. McBryde, seconded by Mr. Smith. All in favor say aye. COUNCIL: Aye. DAWKINS: That's unanimous. Thank you. And you'll be hearing from us. (THUS, THE HEARING ADJOURNED AT 9:05 P.M.) (END OF TRANSCRIPT.) STATE OF NORTH CAROLINA COUNTY OF CUMBERLAND C E R T I F I C A T E I, KAREN STARKINGS, NOTARY PUBLIC AND COURT REPORTER DO HEREBY CERTIFY THAT THE FOREGOING 035 PAGES OF PROCEEDINGS WAS TAKEN AND TRANSCRIBED BY ME OR UNDER MY DIRECTION; AND CONSTITUTE A TRUE AND CORRECT TRANSCRIPTION OF SAME TO THE BEST OF MY ABILITY; AND THAT I AM NOT A RELATIVE OR EMPLOYEE OF ANY COUNSEL OR THE PARTIES IN THIS CAUSE AND HAVE NO INTEREST IN THE OUTCOME OF SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS 18TH DAY OF NOVEMBER 1997. __________________________________________ KAREN STARKINGS NOTARY PUBLIC - STATE OF NORTH CAROLINA NATIONALLY CERTIFIED VERBATIM REPORTER MEMBER: NCRA, NSRA, NSVRA, DEPONET MY COMMISSION EXPIRES: JULY 24, 1999 The public hearing was closed at 9:02 p.m. No action was taken by the Council at this time: Councilmember McBryde moved to adjourn the meeting seconded by Councilmember Smith and carried unanimously by a vote of 6 to 0, with Councilmembers Blackwell, Ross and Cheek excused. There being no further business the meeting adjourned at 9:05 p.m. REGULAR MEETING NOVEMBER 17, 1997 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CUMBERLAND HALL FAYETTEVILLE TECHNICAL COMMUNITY COLLEGE NOVEMBER 17, 1997 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large) Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Absent: Ida Ross (District 2) (Arrived at 7:26 p.m. and departed at 8:16 p.m.) Others Present: Ronald H. Rabun, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Karen Musgrave, Assistant City Attorney Kai Nelson, Finance Director Victor Sharpe, Planning Division Manager David Nash, Planning Services Staff Craig Hampton, Administrative Services Director James Rose, PWC Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Reverend Carl E. Brinkley, Jr., Pastor of Mt. Olive Missionary Baptist Church, followed by Mayor Dawkins leading in the Pledge of Allegiance to the American Flag. Mayor Dawkins thanked Mr. Larry Norris, President of Fayetteville Technical Community College, for allowing the City to use their facilities. RECOGNITION: Mayor Dawkins presented Mr. Walter Moormon with a proclamation on behalf of Community Foundation Week. Mayor Dawkins announced the Character Education Concept for November 1997 is integrity. 1. APPROVAL OF AGENDA Councilmember Torrey moved to excuse Councilmember Ross from the meeting, seconded by Councilmember Massey and carried by a vote of 8 to 0 with Councilmember Ross absent. City Manager Ron Rabun presented the agenda and added the following items to the consent agenda: 2.0. Request for Special Sign Permit from the Friends of the Cancer Center. 2.P. Consideration of deferral of vote on proposed annexation ordinance for Area 3-A to January 20, 1998. 2.Q. Consideration of cancelling the scheduled City Council meeting for November 24, 1997. Councilmember McBryde made a motion to approve the agenda, seconded by Councilmember Kendrick. Councilmember Smith requested to add Item 12.E, consideration of the closing of personnel files opened by the City Council. A discussion was held. Mayor Dawkins called for a vote on the motion to approve the agenda with the additions and the motion carried unanimously by a vote of 8 to 0 with Councilmember Ross excused. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember McBryde requested to pull Item 2.J. Councilmember Kendrick requested to pull Item 2.C. Councilmember Smith requested to pull Items 2.I and 2.P. Councilmember McBryde moved to approve the consent agenda with exceptions of Items 2.C, 2.I, 2.J and 2.P. After a second from Councilmember Kendrick, the consent agenda and following items were unanimously approved by a vote of 8 to 0 with Councilmember Ross excused. A. Approve minutes of special meeting of September 29, 1997. B. Approve minutes of regular meeting of October 27, 1997. C. This item was pulled for discussion by Councilmember Kendrick. D. Approve tax refunds greater than $100. Name Year Basis City Refund American Honda Finance Co 1996 Double Billing $172.21 Ann Crittenden Inc T/A 1996 Repeal of Intangible Taxes Decision 1,201.58 Lizzie's Hallmark Shop Bullard Trailer Sales Inc. 1997 Adjusted per Amended Listing 1,517.07 Naylor, Jr., Barry Ashton 1996 Military Non-resident 112.12 Red Lobster Inns of 1996 Per Consent Order from the Property 1,178.10 America,Inc. 2 Tax Commission Suburban Pawn Shop, Inc 1994-95 Adjusted Value per Audit 206.27 Woolard, Jane Jacknewitz 1996 Military Non-Resident 119.37 Total $4,506.72 E. Approve acceptance of the Cumberland County Board of Election's certification of the election returns for the Municipal Election for Mayor, City Council Districts 1,2,3,4,5,6,7,8,9 and City Council At-Large of the City of Fayetteville, held on November, 4, 1997. CUMBERLAND COUNTY NORTH CAROLINA NOVEMBER 4, 1997 We, the undersigned Board of Elections of Cumberland County, North Carolina, do hereby certify that we met in the Courthouse at 11:00 a.m. on Friday, November 7, 1997, and after canvassing the original returns of the Chief Judges and Judges of Elections of the votes cast in the Municipal Election for Mayor, City Council District 1, City Council District 2, City Council District 3, City Council District 4, City Council District 5, City Council District 6, City Council District 7, City Council District 8, City Council District 9 and City Council At-Large of the City of Fayetteville, NC held on November 4, 1997, we do hereby certify that the following are true and correct totals of votes cast for the following candidates in said returns: Candidates Votes Received FOR MAYOR J. Breeden Blackwell 3,241 J. L. Dawkins 13,844 Write-In 74 FOR CITY COUNCIL DISTRICT 1 Betty Milligan 1,858 Jim Smith 386 Write-In 1 DISTRICT 2 Ida A. Ross 780 Paul A. Williams 943 Write-In 4 DISTRICT 3 Robert A. Massey, Jr. 1,500 Write-In 55 DISTRICT 4 Darrell (DJ) Haire 1,155 Thelbert Torrey 528 Write-In 11 DISTRICT 5 Suzan Cheek 1,736 Frank G. Lund 378 Write-In 3 DISTRICT 6 Stacy E. Bledsoe 537 Mark Kendrick 1,300 Write-In 1 DISTRICT 7 Devone A. Kinston 592 Curtis Worthy 674 Write-In 9 DISTRICT 8 James (Jim) Bowser 329 Don Talbot 508 Write-In 3 DISTRICT 9 Suzanne Rucker 1,237 Wick Smith 2,465 Write-In 3 AT-LARGE Thomas C. (Chris) Dempster 5,031 Anne Fogelman 9,351 Jimmy Kizer 6,763 Milo McBryde 10,736 Marshall B. Pitts, Jr. 6,697 Ron Winfrey 5,960 Write-In 142 We, therefore, certify that we have judicially determined that the votes received for candidates for Mayor and City Council resulted in the election of the following candidates. FOR MAYOR J. L. Dawkins FOR CITY COUNCIL DISTRICT 1 DISTRICT 7 Betty Milligan Curtis Worthy DISTRICT 2 DISTRICT 8 Paul A. Williams Don Talbot DISTRICT 3 DISTRICT 9 Robert A. Massey, Jr. Wick Smith DISTRICT 4 AT-LARGE Darrell (DJ) Haire Anne Fogelman Jimmy Kizer DISTRICT 5 Milo McBryde Suzan Cheek DISTRICT 6 Mark Kendrick Given under our hand and seal this 7th day of November, 1997. F. Approve the following financial matters: 1. Adopt Special Revenue Fund Project Ordinance 98-5 (COPS MORE 96 grant). 2. Adopt Special Revenue Fund Project Ordinance 98-6 ('96 Local Law Enforcement Block Grant). 3. Adopt Special Revenue Fund Project Ordinance 98-7 (97 Local Law Enforcement Block Grant). The COPS MORE 96 grant provides funding of $406,743 from the U.S. Department of Justice. The City's match of $135,582 is available in E-911 funds for computer aided dispatch interfaces. The 96 block grant provides funding of $379,654 from the U.S. Department of Justice. The City's match of $42,184 is available in E-911 funds for computer aided dispatch interfaces. The 97 block grant provides funding of $383,180 from the U.S. Department of Justice. The City's match of $42,576 is available in E-911 funds for computer aided dispatcher interfaces. Funding from these three grants will be coordinated to install public safety information technology systems in the Police and Fire Departments. 4. Adopt Special Revenue Fund Project Ordinance 98-8 ('97 Domestic Violence Team Program). This program gives victims assistance from the legal standpoint (via the Victim's Assistant position), from the court procedures (via the Assistant District Attorney assigned to work these cases), from the pre-trial and trial procedures (via the Chief District Court Judge's Office), and from the sociological and survival standpoint (via the Care Center for Domestic Violence). This cooperative effort gives victims opportunities for putting closure to traumatic episodes and rebuilding to a new and better future. The grant is for $74,096 and the City will use its Victim Assistance position as an in-kind match. 5. Adopt Capital Project Ordinance Amendment 98-4 (1998 Transportation Improvements) The City Council at their January 6, 1997, meeting adopted a capital project ordinance for the funding of various public improvements to include annual street resurfacing, intersection improvements and sidewalk construction. This amendment appropriates an additional $1,950,000 for fiscal year 97-98. The amount is funded in the FY1998 General Fund budget. G. Approve renewal of Lease Agreement with Bragg Mutual Credit Union for space in City Hall Building. H. Approve transfer of property to N.C. DOT for Airport Road project. I. This item was pulled for discussion by Councilmember Smith. J. This item was pulled for discussion by Councilmember McBryde. K. Approve of change order to Architectural and Engineering contract (Allen Kimley-Fayetteville) to add work associated with bond projects (soil streets and drainage). This change order will authorize the issue of a change order as follows: 1. Authorize the issue of a change order to Soil Street Package #5/Design with Allen-Kimley Associates to include eleven (11) additional streets. Approximate linear footage for additional streets is $8,000. Total of change is $130,159.00 2. Authorize the issue of change order to Drainage Outfall Project/Design with Allen-Kimley Associates to include three (3) additional drainage projects. Total addition for these drainage projects is $30,000.00. The change order to Soil Street Design will add eleven (11) streets for design as Soil Street Package #6. The change order to Drainage Improvement will allow the design of three (3) additional drainage projects. L. Approve award of purchase contract for lift device for Airport using "piggyback" purchase authorization for sole bidder, in the amount of $35,680.00 to Lift-A-Loft Disabled Passenger Lift, by using the Purchase from Established Contracts ("piggybacking") clause as authorized per G.S. 143-129 amended on July 1, 1997. At the regular meeting on October 27, 1997, authorization was given to advertise Council's intent to award the purchase contract at this meeting. The ad was published on October 31, 1997, and the City Purchasing Office received no questions or comments regarding this purchase. The requested action will finalize the award process. Delivery of equipment will take 10-14 weeks. M. Adopt resolution of the City Council of the City of Fayetteville pursuant to N.C.G.S. 160A-31(c) fixing a date for a public hearing for a petition-initiated contiguous annexation area - Waffle House Site (western side of Ramsey Street, south of McArthur Road, adjacent to College Lakes Amoco) property of Waffle House, Inc. (Joe Hoffman, Real Estate Representative) (Recommended Public Hearing date is December 15, 1997). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE PURSUANT TO N.C.G.S. 160A-31(C) FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED CONTIGUOUS ANNEXATION AREA [Waffle House Site (Western Side of Ramsey Street, South of McArthur Road, Adjacent to College Lakes Amoco), Property of Waffle House, Inc. (Joe Hoffman, Real Estate Representative) RESOLUTION NO. R1997-105. N. Approve the following PWC low bid awards: 1. Award of contract for purchase of one trencher with back-fill blade, backhoe and trailer to Vermeer Carolinas, Inc. (Garner, NC) in the amount of $34,783.00. Bids were received as follows: Vermeer Carolinas (Garner, NC) $34,783.00 Ditch Witch (Raleigh, NC) $34,991.80 2. Award of contract for construction of the Gillis Hill Road and Stoney Point Road 16" water main to T.A. Loving Company (Goldsboro, NC) in the amount of $442,139.00. Bids were received as follows: T.A. Loving Company (Goldsboro, NC) $442,139.00 Brewer's Excavating (Rural Hall, NC) $482,771.76 R.H. Moore Co., Inc. (Murrells Inlet, SC) $486,577.00 Frank Horne Construction Co. (Fair Bluff, NC) $506,446.84 Blue Construction Co. (Sanford, NC) $523,422.60 State Utility Contractors, Inc. (Monroe, NC) $545,929.50 Wellons Construction (Dunn, NC) $557,788.33 Odell Smith and Sons (Spring Lake, NC) $619,212.25 3. Award of contract for construction of the Dundle Road 12" water main to Wellons Construction (Dunn, NC) in the amount of $226,826.00. Bids were received as follows: Wellons Construction (Dunn, NC) $226,826.00 Odell Smith and Sons (Spring Lake, NC) $248,860.70 Myers Contracting Co. (Fayetteville, NC) $249,995.00 Blue Construction Co. (Sanford, NC) $259,959.00 Ralph Hodge Const. (Wilson, NC) $265,799.00 Brown Utility (Concord, NC) $269,300.00 R.H. Moore Co., Inc (Murrells Inlet, SC) $293,297.00 Colt Contracting (Clinton, NC) $294,762.00 State Utility Contractors, Inc. (Monroe, NC) $301,911.00 Brewer's Excavating (Rural Hall, NC) $309,853.80 Billings & Garrett (Raleigh, NC) $312,191.40 Sandhills Contractors (Monroe, NC) $318,232.00 O. Request for Special Sign Permit from the Friends of the Cancer Center. P. Pulled for discussion by Councilmember Smith. Q. Consideration of cancelling the scheduled City Council meeting for November 24, 1997. C. Approve minutes of regular meeting of November 3, 1997. Councilmember Kendrick requested that the minutes be corrected to reflect the vote taken on Item 3.B and the minutes be returned to the Council for their approval. I. Approve change orders to Architectural and Engineering contract for Myers and Cliffdale Recreation Centers for services through bidding phase and adopt Capital Project Ordinance 98-6 (Myers Park Center) and Capital Project Ordinance Amendment 98-6 (Cliffdale Center). Councilmember Smith requested to abstain from voting or discussion of this item due to a possible conflict of interest. Councilmember McBryde moved to approve Councilmember Smith's request to abstain from voting or discussion, seconded by Councilmember Cheek and carried unanimously by a vote of 7 to 0 with Councilmember Smith abstaining and Councilmember Ross excused. The change order would authorize: 1. The City Manager or designee to execute change order in the amount of $7,480.00 to Cliffdale Recreation Center Design with Shuller Ferris Johnson & Lindstrom to include services for Construction Documents and Bid Administration. Total contract amount to include the change is $67,320.00 ($31,688.00 current change via BOA, $35,632.00 previously authorized by Council). Authorization had been previously given by Council to proceed with this work. This action formalizes previous Council directions. 2. The City Manager or designee to execute change order in the amount of $5,577.00 to Myers Park Recreation Center Design with Shuller Ferris Johnson & Lindstrom to include services for Construction Documents and Bid Administration. Total contract amount to include the change is $7,807.00. Authorization had been previously given by Council to proceed with this work. This action formalizes previous Council directions. J. Approve of change order to Architectural and Engineering contract for Fire Station Number 8, School Road for services through bidding phase and adopt Capital Project Ordinance Amendment 98-5 (Fire Station Number 8). Councilmember McBryde pulled this item and stated that Councilmember-Elect Worthy had expressed his concern about making this a joint police substation and fire station. Councilmember McBryde requested that this issue be addressed by the senior police staff after Chief Hansen returns and this item be brought back to the Council for further consideration. Councilmember McBryde moved to approve the change orders, seconded by Councilmember Kendrick. Councilmember Cheek offered a friendly amendment to follow the recommendation of staff and add that the design be accomplished in a way that leaves open the possibility of having a police presence in the facility. Councilmember McBryde accepted the friendly amendment and the amended motion carried by a unanimous vote of 8 to 0 with Councilmember Ross excused. The change order would authorize the City Manager or designee to execute a change order in the amount of $36,404.00 to Fire Station - School Road Design with Heery International to include services for Construction Documents and Bid Administration. The total contract amount to include this change is $61,144.00. Authorization had been previously given by Council to proceed with this work. This action formalized previous Council directions. P. Consideration of deferral of vote on proposed annexation ordinance for Area 3-A to January 20, 1998. Councilmember Smith pulled this item. Mr. Smith stated that at the public hearing he had heard that the folks wanted the new council to decide this issue and he did not object to that request. However, he did not appreciate the comments about there being a hidden agenda for some of the old Councilmembers. Councilmember Smith stated it had been done for the betterment of the people of Fayetteville. Councilmember Smith stated that annexation is a necessary part of government that takes place and there was nothing done underhanded by the Council. This plan had been looked at and had been approved a long time ago. Councilmember Smith moved to delay action on the annexation of Area 3-A until January 20, 1998, seconded by Councilmember McBryde and carried by a unanimous vote of 8 to 0 with Councilmember Ross excused. Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1997. 3. PUBLIC HEARINGS: A. Consideration of adoption of resolution confirming assessment rolls and levying assessments for the improvement through paving of the following locations: 1. Purdue Drive (from Breezewood Avenue to Unnamed Creek as shown on Duck's Nest, Section I, Plat 47/60). Assistant City Manager Jimmy Teal presented this item. Mr. Teal stated that this project had been approved by the Council on February 1, 1988, at a rate of $4.00 per linear foot. Mr. Teal informed the Council that on January 8, 1988, a policy on street assessment was amended to charge $10.00 per linear foot on all assessment properties approved from that date forward. He explained that the finalizing of the project was delayed due to problems in acquisition of rights-of-way. Mr. Teal explained that the 30 percent discount would be applied to any assessment paid before the expiration of 30 days from the date the notice is published of the confirmation of the assessment roll. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition and the public hearing opened and closed at 7:22 p.m. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1997-106. Councilmember McBryde moved to adopt the resolution, seconded by Councilmember Kendrick and carried by a unanimous vote of 8 to 0 with Councilmember Ross excused. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. 2. Dillon Drive (from Carlos Avenue to Cul-de-sac). Assistant City Manager Jimmy Teal presented this item. He gave the background on the paving project and stated the project had been approved for paving on June 18, 1990. Because of the approval date, the assessment would be $10.00 per linear foot for all abutting property and a 30 percent discount would be applied to any assessment paid before the expiration of 30 days from the date the notice is published of confirmation of the assessment roll and the payback time would be for 10 years. Mr. Teal stated the staff recommended the City Council not assess the property at the end of the cul-de-sac owned by CDD Corporation of Raleigh. The reason for this recommendation was that when City staff reviewed the site it had prohibited the use of Dillon Drive as an access point in order to prevent commercial traffic from using Dillon Drive. Mr. Teal stated that in fairness to the property owner, CDD Corporation, they should not be assessed for a street they are prohibited from using. Councilmember Ross arrived at the meeting at 7:26 p.m. This is the advertised public hearing set for this date and time. The public hearing opened at 7:30 p.m. There was no one signed up to speak in favor of the assessment. Appearing in opposition to the assessment were: Mr. Phillip Gadbois, President of CDD Corporation, 2626 Glenwood Avenue, Raleigh, NC; Mrs. Dorit Bentley, 2114 Dillon Drive, Fayetteville, NC; Ms. Ilise Taylor, 2115 Dillon Drive, Fayetteville, NC. Mrs. Bentley and Ms. Taylor stated the assessment would create a financial hardship for them and they asked for the Council's help. There was no one further to speak either in favor or opposition and the public hearing closed at 7:34 p.m. A discussion was held regarding the interest rate to be charged, the payment options available to the property owners, and the feasibility of using HUD criteria for income levels which would qualify for financial assistance. Assistant City Manager Jimmy Teal stated no community development funds could be used on this project because government standards had not been met in the construction of the project. Mr. Teal stated that HUD qualifications are now being used in projects being done by the City. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1997-107. Councilmember Kendrick moved to approve the assessment with an interest rate of 5.79 percent based on the current Treasury Bill rate for the duration of the assessment, seconded by Councilmember McBryde. Councilmember Cheek made a friendly amendment that Community Development income standards be applied in case someone would qualify for it. Councilmember Kendrick accepted the friendly amendment. City Attorney Robert C. Cogswell, Jr., stated this would apply to CD standards only and not CD funds. Mayor Dawkins reminded everyone to get in touch with Mr. John B. Brown regarding their qualifications for these standards. Mayor Dawkins called for the vote and the motion passed unanimously with a vote of 9 to 0. Councilmember Kendrick asked that this financial information be included in the next letter that goes to the property owners. Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1997. B. (P97-52F) Consideration of the rezoning from P2 Professional District to C1P Shopping Center District or to a more restrictive zoning classification for an area located at 3506, 3508 and 3510 Ramsey Street. Containing 1.21 acres more or less and being the property of the Estate of Florence J. McMillan; William E. & Ruby Gardner; and Wade R. and Jean C. Hayes as evidenced by deed recorded in Deed Books 1134, Page 355; Book 816, Page 333; and Book 815, Page 247 respectively, Cumberland County Registry. Mr. Victor Sharpe, Planning Division Manager, presented this item. Mr. Sharpe stated the staff and Zoning Commission recommended approval of the rezoning because it was consistent with the 2010 Land Use Plan and was a logical extension of the existing C1P Shopping Center District zoning adjacent to the property. Mr. Sharpe stated a valid protest petition had been received and the rezoning would require a three-fourths vote from the Council. This is the advertised public hearing set for this date and time. The public hearing opened at 7:45 p.m. Mr. Stacy Weaver, Attorney, 202 Fairway Drive, Fayetteville, NC, appeared representing the property owners in support of this rezoning. Mr. Weaver requested the Council honor his client's request for rezoning because the property had become unsuitable for residential use. Appearing in opposition was Mr. R. Jonathan Charleston, Attorney, 4700 New Bern Avenue, Raleigh, NC. Mr. Charleston represented the petitioners and requested that Council not approve the rezoning because it would encroach on the surrounding residential neighborhood. Rebuttal was given by both attorneys. There was no one else present to speak either in favor or opposition and the public hearing closed at 8:10 p.m. Councilmember Smith moved to approve the staff's and Zoning Commission's recommendation to rezone the property to C1P, seconded by Councilmember Ross. A discussion was held regarding the rezoning in the Ramsey Street area. Mayor Dawkins called for the vote and the motion passed by a vote of 7 to 2 with Councilmembers Torrey, Smith, Kendrick, Massey, Dempster, Cheek and Ross in favor and Councilmembers McBryde and Blackwell in opposition. Councilmember Ross left the meeting at 8:16 p.m. Councilmember Dempster moved to excuse Councilmember Ross from the rest of the meeting, seconded by Councilmember Cheek and carried unanimously by a vote of 8 to 0. C. (P97-60F) Consideration of an application by Katherine McLean for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-24(3) to allow a Day Care in an R6 Residential District for an area located at 119 Temple Drive. Containing .82 acres more or less and being the property of Bronetta James Heirs as evidenced by deed recorded in Deed Book 510, Page 62, Cumberland County Registry. Mr. Victor Sharpe, Planning Division Manager, presented this item. Mr. Sharpe stated the Planning Staff makes no recommendations since this is a Special Use Permit granted on the basis of the finding of facts from testimony. This is the advertised public hearing set for this date and time. The public hearing opened at 8:30 p.m. After being sworn in by the City Clerk, Ms. Katherine G. McLean, appeared in favor of the issuance of this Special Use Permit. There was no one else present to speak either in favor or opposition and the public hearing closed at 8:32 p.m. A discussion was held regarding the square footage of the dwelling, the playground area, and meeting the state standards. Councilmember Massey moved to approve the Special Use Permit with the following Findings of Fact, seconded by Councilmember McBryde. a. Such use shall fit in with the character of the area in which such use is to be located; b. Such use is not detrimental to the surrounding neighborhood; c. That the site be developed in accordance with the site plan as submitted; d. Hours of operation be from 6 a.m. to 6 p.m. Monday through Friday. Mayor Dawkins called for the vote on the motion and the Special Use Permit was granted by a unanimous vote of 8 to 0 with Councilmember Ross excused. D. (P97-62) Consideration of an application by Steven Casteele for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-22(17.1) to allow a Cellular Tower in an M1 Industrial District for an area located at 4600 Yadkin Road. Containing .277 acres more or less and being the property of RICAM Corporation as evidenced by deed recorded in Deed Book 3004, Page 177, Cumberland County Registry. Ms. Kathy Kem of the Planning Division Staff presented this item. Ms. Kem stated that because the Appearance Commission had not reviewed the Special Use Permit request as was required, the staff was requesting that the public hearing be held as advertised and that no action be taken on the issuance of the permit until December 15, 1997. At this time, the Appearance Commission will have reviewed the project. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition and the public hearing opened and closed at 8:40 p.m. Councilmember Cheek inquired into the legality of the new City Council making a decision on this Special Use Permit when the public hearing had been held tonight. City Attorney Robert C. Cogswell, Jr., stated there would be no problem. Councilmember Smith moved to continue this item until December 15, 1997, seconded by Councilmember Torrey and carried by a unanimous vote of 8 to 0 with Councilmember Ross excused. E. (97-63) Consideration of an application by Deborah Jones for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-24(3) to allow a Day Care in an R5 Residential District for an area located at 1301 Thelbert Drive. Containing .20 acres more or less and being the property of Deborah Ann White and husband, James T. Jones as evidenced by deed recorded in Deed Book 4598, Page 548, Cumberland County Registry. Ms. Kathy Kem of the Planning Division Staff presented this item. Ms. Kem stated that the Planning Staff makes no recommendation on this item since it is a Special Use Permit based on the findings of fact by sworn testimony. This is the advertised public hearing set for this date and time. The public hearing opened at 8:44 p.m. After being sworn in by the City Clerk, Ms. Deborah Jones appeared in favor of the Special Use Permit. There was no one appearing in opposition. The public hearing opened and closed at 8:46 p.m. Councilmember Smith moved to grant the Special Use Permit with the following Findings Of Fact seconded by Councilmember Kendrick: a. Such use shall fit in with the character of the area in which such use is to be located; b. Such use is not detrimental to the surrounding neighborhood; c. That the site be developed in accordance with the site plan as submitted; d. Hours of operation be from 6 a.m. to 6 p.m. Monday through Friday. Mayor Dawkins called for the vote on the motion and the Special Use Permit was granted by a unanimous vote of 8 to 0 with Councilmember Ross excused. 4. (P97-53F) Consideration of revisions and amendments to the Fayetteville Code of Ordinances, Chapter 32, Zoning, Article IV, Section 32-28(12.1) to add "Circuses, carnivals, fairs and side shows by non-profit organizations after obtaining a permit from the City Manager, or his designee as required under Chapter 20, Article XI for a special event. Mr. Victor Sharpe, Planning Division Manager, presented this item. Mr. Sharpe stated the Council had referred this item back to the Planning Division for more restrictive language. The Planning Division referred the item to the City's Special Events Committee for its recommendation. Mr. Sharpe stated that he felt the restrictions set out in the standards for issuance of a Special Event Permit would be appropriate to restrict the uses and to address the Council's concerns. A discussion was held regarding the noise level and distance requirement to protect residential areas. Councilmembers Kendrick and McBryde expressed that they would not be able to support the ordinance as written. City Attorney Robert C. Cogswell, Jr., suggested adding a Section 11 to the Fayetteville City Code, Section 20-200 which would state adequate provisions shall be made to protect surrounding residential zoned areas from noise in compliance with the City's noise ordinance. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 32, ZONING, SECTION 32-28 (12.1), OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1997-018. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE CREATING A NEW SECTION 20-200(11), STANDARDS FOR ISSUANCE, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1997-019. Councilmember Smith moved to adopt the ordinances with the additions as set out by the City Attorney in compliance with the noise ordinance, seconded by Councilmembers Dempster and carried by a vote of 6 to 2 with Councilmembers Blackwell and McBryde in opposition. Councilmember Ross was excused. Copies of the foregoing ordinance are on file in the City Clerk's office in Ordinance Book S1997. 5. Consideration of request from Chuck Gore regarding City participation in the installation of sidewalks in the Wessex Place Subdivision. Assistant City Manager Jimmy Teal presented this item. Mr. Teal stated the staff's recommendation was that the City participate with Mr. Gore on the construction of a sidewalk on one side of Tollhouse Drive from the south end of his development to Morganton Road. The estimated total cost is $16,000 with the City's share being $8,000. Mr. Teal also suggested that the Council might need to review their current sidewalk policy. Councilmember Kendrick moved to approve the City's participation in the amount of $8,000.00, seconded by Councilmember Cheek and carried unanimously by a vote of 8 to 0 with Councilmember Ross excused. Councilmember Kendrick moved to refer the Sidewalk Policy to the Policy Committee for review, seconded by Mayor Pro Tem Blackwell, and carried unanimously by a vote of 8 to 0 with Councilmember Ross excused. 6. Consideration of acceptance of that portion of David Street that is not currently maintained by the City. Assistant City Manager Jimmy Teal presented this item. CITY OF FAYETTEVILLE, NORTH CAROLINA. RESOLUTION AUTHORIZING THE ACCEPTANCE OF DAVID STREET. RESOLUTION NO. R1997-108. Councilmember McBryde moved to approve and adopt the resolution seconded by Councilmember Kendrick and carried with a unanimous vote of 8 to 0 with Councilmember Ross excused. The foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. 7. Consideration of change order for Police Administration Building (Car/Evidence Storage Room). Deputy City Manager Roger Stancil presented this item. Mr. Stancil stated the Police Department had requested that a car/evidence storage room be located in the parking garage. The total cost added would be $30,964.40. Mr. Stancil stated the car/evidence room will take one bay (four parking spaces) within the garage and, with doors on both ends, will allow wreckers to pull suspect vehicles into the room for processing. There will also be storage for other bulky evidence items while they are being processed. Mr. Stancil recommended acceptance of this proposal because it should have a significant positive impact on fighting crime by allowing the police to better process evidence. The above change order would increase the total construction contracts amount from $7,799,153.79 to $7,830,118.19. At this time we have over $300,000 in contingency and sales tax receivables. Councilmember Kendrick requested that the possibility of installing air-conditioning and heating be looked at and the issue be brought back to the Council. Councilmember Kendrick moved to approve the change order as recommended by the Deputy City Manager, seconded by Councilmember McBryde and carried by a unanimous vote of 8 to 0 with Councilmember Ross excused. 8. Consideration of a resolution of the City Council of the City of Fayetteville pursuant to N.C.G.S. 160A-31(c) fixing a date for a public hearing for a petition-initiated contiguous annexation area - Eckerd's Site (southern side of Raeford Road, west of Bingham Drive) - Property of ZP No. 15, L.L.C. (Jeffrey L. Zimmer, Member/Manager) (Requested Public Hearing Date: December 1, 1997) Deputy City Manger Roger Stancil presented this item. He recommended setting the public hearing for December 1, 1997. Mr. Richard M. Lewis, Jr., appeared before Council and asked that the public hearing be set in order that his clients could get a building permit and proceed without any further delay. Mr. Lewis stated that any delay would be costly. Councilmember Smith requested to abstain from voting on this item. Councilmember Massey moved to excuse Councilmember Smith from voting or discussion on this item, seconded by Councilmember Kendrick and carried by a vote of 7 to 0 with Councilmember Ross excused and Councilmember Smith abstaining from the vote. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE PURSUANT TO N.C.G.S. 160A-31(C) FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED CONTIGUOUS ANNEXATION AREA. ECKERD'S SITE (SOUTHERN SIDE OF RAEFORD ROAD, WEST OF BINGHAM DRIVE) PROPERTY OF ZP NO. 15, L.L.C. (JEFFREY L. ZIMMER, MEMBER/MANAGER). RESOLUTION NO. R1997-109. Councilmember Massey moved to hold a public hearing on December 1, 1997, seconded by Councilmember Cheek and carried by a vote of 7 to 0 with Councilmember Smith abstaining from voting and Councilmember Ross excused. 9. Consideration of adoption of Bond Order authorizing and approving the issuance and Sale of Revenue Bonds, Series 1997. Mr. Kai Nelson, Finance Director, presented this item. He stated the sale of the bonds would be on November 18 and the preliminary pricing has a yield of 4.05 percent with bonds maturing in the year 2000 and a final maturity date in the year 2024 with an interest rate of 5.35 percent. Mr. Nelson stated the average interest rate would be 5.33 percent. Councilmember McBryde moved to adopt the bond order, seconded by Councilmember Kendrick and carried unanimously by a vote of 8 to 0 with Councilmember Ross excused. 10. Report on accident history of intersection of Village Drive and Ireland Drive. Assistant City Manager Jimmy Teal stated the staff will be working with the North Carolina Department of Transportation on this report and will be back to the Council as soon as possible. 11. APPOINTMENTS: A. Approve change in designation of members on Historic Resources Commission as presented at City Council Meeting held on November 3, 1997, creating an at-large vacancy. Councilmember Smith moved to approve the following changes to the Historic Resources Commission, seconded by Councilmember McBryde and carried unanimously by a vote of 8 to 0 with Councilmember Ross excused. The changes are as follows: 1. Move Mr. McDonald to Category 4, a building designer or land use design professional, from Category 3, a Realtor, developer or general contractor. 2. Move Mr. Clark to Category 3, a realtor, developer or general contractor, from Category 6, at-large. B. Historic Resources Commission - election of nominee to fill one vacancy for at-large category. Ms. Susan B. Hyatt was appointed to the At-large Category for a two-year term to expire in 1999 by a unanimous vote of 8 to 0 with Councilmember Ross excused. C. Fair Housing Board - election of nominee to fill one At-large category; nominations needed to fill one vacancy for the Attorney and one vacancy for the Real Estate categories. Mr. Phillip McGuire was unanimously appointed for the At-large category for a two-year term to expire in 1999. No nominations were made for the attorney or real estate categories. 12. ADMINISTRATIVE REPORTS: A. Report on proposed Historic Designation for College Heights. Mr. Victor Sharpe, Planning Division Manager, presented this report which is summarized as follows: The Fayetteville Historic Resources Commission, as well as City Staff, have looked into the feasibility of the historic designation for College Heights. A discussion on this issue has been held with officials at the North Carolina Department of Cultural Resources. After touring the area, it will be unlikely that College Heights would receive a positive recommendation for designation as a Local Historic District. This is partly based on the area having very few contributing historic structures. There is also a large number of structures that have been modified through exterior renovations to the point that they are now considered noncontributing. The process of designating a district as a Local Historic District requires a review by the North Carolina Department of Cultural Resources. This area is rich in history, especially in its association with the early days of Fayetteville State University. There may be other ways of recognizing the College Heights neighborhood as historic. The placement of signs throughout the neighborhood stating its historical significance can be utilized to inform the general public of its place in the history of Fayetteville State University and the City of Fayetteville. Another possibility is to prepare a written history of the area, if that has not already taken place. A brochure could also be prepared that shows a map of the area with information on significant people, dates, and sites. The staff recommended proceeding with a program for recognizing College Heights as an area of historical significance, by utilizing methods such as those described above. This program can be implemented throughout the City in neighborhoods with similar situations. B. Report on proposed new location for the storm water utility. Councilmember Cheek inquired as to whether the monies required for the lease would come out of the Storm Water Division's budget. Mr. Teal responded in the affirmative. C. Robeson Street Widening Project Update. Councilmember Cheek moved to refer this item to the Streets and Roads Committee, seconded by Councilmember McBryde and carried unanimously by a vote of 8 to 0 with Councilmember Ross excused. D. Update on Cablevision Franchise Renewal Process E. Discussion of closing of personnel files opened by the City Council. Councilmember Smith moved to close the personnel files of Virgil Reaves, Greg Williams, and Karen Morris-Sweeney, seconded by Councilmember Torrey and carried by a unanimous vote of 8 to 0 with Councilmember Ross excused. INFORMATION ITEMS: 1. Information from the Institute of Government on schools for Newly Elected Mayors and Councilmembers. 2. Report on request for assistance on traffic problems at the intersection of Raeford Road/Magnolia Avenue. 3. Update on traffic signal requested by City Council at the intersection of Robeson Street and Levy Drive. 4. Copy of letter sent to Morganton Road residents regarding sidewalk construction. 5. Statement of taxes collected for the month of October, 1997, from the Cumberland County Tax Collector. 1997 Taxes $327,528.85 1997 Vehicle Taxes 173,962.64 1997 Revit 1,362.41 1997 Vehicle Revit 99.16 1997 FVT 22,901.25 1997 Storm Water 39,014.08 1996 Taxes 35,642.43 1996 Vehicle Taxes 34,517.17 1996 Revit 0.00 1996 Vehicle Revit 2.43 1996 FVT 4,504.37 1996 Storm Water 4,592.86 1995 Taxes 6,388.51 1995 Vehicle Taxes 682.88 1995 Revit 6.60 1995 Vehicle Revit 0.00 1995 FVT 100.00 1995 Storm Water 477.05 1994 Taxes 3,170.86 1994 Vehicle Taxes 161.87 1994 Revit 0.00 1994 Vehicle Revit 0.00 1994 FVT 30.00 1993 And Prior Taxes 6,075.13 1993 Vehicle Taxes 88.62 1993 And Prior Revit 0.00 1993 & Prior Vehicle Revit 0.00 1993 & Prior FVT 88.96 Interest 8,339.97 Interest (Revit) 0.84 Interest (Storm Water) 507.44 Fayetteville Discount (8.05) Revit. Discount 0.00 Total Collections $670,238.33 6. Report on tax refunds less than $100. Name Year Basis City Refund Crockett, Geri Lynn 1995 Military Non-Resident $84.19 Howerton, John W. 1996 Military Non-Resident 28.86 McDonald, John A., Jr. 1997 Adjusted MH Value per 11.48 Nada & Rental Condition McLind, Chester J. & 1995 Military Non-resident 63.72 Regina F. 1996 McLind, Chester J. 1996 Military Non-resident 31.39 Padilla, Lica & Paul Dileo 1997 Adjusted MH Value per 11.88 Nada & Rental Condition Scuteri, Michael Francis 1996 Military Non-Resident 13.37 Stewart, Patrick Ian 1994 Military Non-Resident 69.22 Stewart, George Enoch 1995 Wehneyer, Ashleigh Danielle 1996 Military Non-Resident 28.81 Wehneyer, Marc Alan Total $342.92 7. Update on the status of private streets in the Stonebridge Subdivision. 8. Police Department - monthly report from the Office of Professional Standards for the month of October, 1997. 9. FACVB - minutes of September 11, 1997. Councilmember Massey requested a verbatim report of the item on the 1801 Murchison Road zoning which was discussed at the October 6, 1997, City Council meeting. Councilmember McBryde moved to adjourn the meeting, seconded by Councilmember Smith and carried unanimously by a vote of 8 to 0 with Councilmember Ross excused. The meeting adjourned at 9:25 p.m. REGULAR MEETING DECEMBER 1, 1997 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER DECEMBER 1, 1997 7:00 P.M. INVOCATION - PLEDGE OF ALLEGIANCE The following invocation was offered by Reverend Sandy Saunders of Snyder Memorial Baptist Church, followed by Mayor Dawkins leading in the Pledge of Allegiance to the American Flag: PRAYER FOR NEW CITY COUNCIL Our Father, we come to You tonight at the beginning of this new term for our Mayor, and our City Council. It is our prayer that you give of Your wisdom to each of these elected officials. For our Mayor continue to grant him patience and understanding as he leads. For our newly elected City Council grant them strength and courage as they deal with important decisions. Guide our city staff as they perform their duties, grant them wisdom as they serve all citizens of our great city. Father, may this night be special to each elected official as they take the oath of office and promise before You to fulfill the duties to which they have been elected. Bless each of them, for we make our prayer in Jesus name. AMEN RECOGNITION: Mayor Dawkins welcomed all family members and friends of the Councilmembers-Elect. Mayor Dawkins presented Mayor Pro Tem Blackwell and his wife, Cathy, with a plaque honoring his years of service from July 6, 1992, to December 1, 1997. Mayor Pro Tem Blackwell received a standing ovation. Mayor Dawkins presented the Councilmembers-Elect with a Bible. Mayor Dawkins announced the Character Education Concept for November 1997 is caring. 1. SEATING OF MAYOR AND NEW CITY COUNCIL A. Oaths of Office to the City Council The Honorable Gregory A. Weeks, Superior Court Judge, administered the Oaths of Office to Councilmembers Robert A. Massey, Jr., Donald G. Talbot, and James M. Kizer, Jr. The Honorable James F. Ammons, Jr., District Court Judge, administered the Oaths of Office to Councilmembers F. Milo McBryde, Betty S. Milligan, and J. Wick Smith, Jr. The Honorable John W. Dickson, District Court Judge, administered the Oaths of Office to Councilmembers Anne Dickson Fogleman, Curtis Worthy, and Paul A. Williams. The Honorable Robert J. Steihl, III, District Court Judge, administered the Oaths of Office to Councilmembers Suzan K. Cheek, Mark C. Kendrick, and Darrell J. Haire. B. Oath of Office to the Mayor The Honorable Kimbrell Kelly Tucker, District Court Judge, administered the Oath of Office to Mayor J. L. Dawkins. Mayor Dawkins welcomed Ms. Annie Mae Chappell to the meeting. Ms. Chappell is the mother of the City Clerk and was visiting the City of Fayetteville. 2. ORGANIZATION OF THE CITY COUNCIL - ELECTION OF MAYOR PRO TEMPORE Councilmember Cheek made a motion nominating Councilmember At-Large F. Milo McBryde for Mayor Pro Tempore, seconded by Councilmember Worthy and carried by a unanimous vote of 12 to 0. Mayor Pro Tem McBryde thanked the Council for electing him to the position of Mayor Pro Tempore. Mayor Pro Tem McBryde stated he would do his best to do the job as well as it had been done by his predecessors. Councilmember Haire stated he would like to pay homage to Councilmembers Ida Ross and Thelbert Torrey for their many years of service on the Council. Mayor Dawkins expressed his appreciation to Councilmembers Dempster and Smith for their service. 3. APPROVAL OF AGENDA City Attorney Robert C. Cogswell, Jr., requested that the Council add Items 4.E and 4.F to the agenda. The added items appear as follows: 4.E Approve the following Public Works Commission bid awards: 1. Award of contract for construction of the Stoney Point Road Water Main to Blue Construction, low bid. 2. Award of contract for construction of utilities in Fayetteville Annexation 1996-Phase II, Area 300 Montclair Subdivision, Section I, to R.H. Moore Company, Inc., lowest evaluated bid. 3. Award of contract for construction of utilities in Fayetteville Annexation 1996-Phase II, Area 300 Montclair Subdivision, Section II, to Colt Contracting Company, lowest evaluated bid. 4. Award of contract for construction of the P.O. Hoffer Tube Settler upgrade to State Utility Contractors, Inc., lowest evaluated bid. (Includes base bid less proposed contract modification credit.) 5. Award of contract for purchase of four (4) 1500 KVA Padmounted Transformers to Howard Industries, c/o Richardson and Associates, lowest evaluated bid meeting specifications. 6. Award of contract for purchase of Intra-governmental Network Electronics (equipment, instruction and support) to Anixter, Inc., low evaluated bid. 4.F. Referral of ordinances and policies regarding City Council and City Council meeting procedures to the Policy Committee for review and any recommended changes. Mr. Cogswell also requested to correct the expiration date in the certificate prepared by Karen Starkings, Notary Public and Court Reporter, from July 24, 1994, to July 24, 1999, in the November 13, 1997, official minutes. Mayor Dawkins stated that Councilmember Kizer would like to abstain from voting on Items 4.E.2 and 4.E.3. City Attorney Robert C. Cogswell, Jr., stated that the firm that Councilmember Kizer worked for is not being awarded the contracts but is involved in the projects with the Public Works Commission. Mr. Cogswell stated this needed to be done in the form of a resolution and that this item would need to be pulled from the Consent Agenda and handled separately. Mayor Dawkins called for a vote on the issue of Councilmember Kizer abstaining from voting. The vote to approve Councilmember Kizer's abstinence was unanimously approved by a vote of 11 to 0 with Councilmember Kizer abstaining. Councilmember Worthy moved to approve the agenda as stated, seconded by Councilmember Massey and carried unanimously by a vote of 12 to 0. 4. CONSENT: Mayor Pro Tem McBryde moved to adopt the resolutions in approving Items 4.E.2 and, 4.E.3 seconded by Councilmember Massey and carried unanimously by a vote of 11 to 0 with Councilmember Kizer abstaining. E. Approve the following PWC bid (1-6) awards: 2. Award of contract for construction of utilities in Fayetteville Annexation 1996-Phase II, Area 300 Montclair Subdivision, Section I, to R.H. Moore Company, Inc., lowest evaluated bid in the amount of $2,846,530.82. Bids were received as follows: R.H. Moore Co., Inc. (Murrells Inlet, SC) $2,846,530.82 Marlboro Constructors (Bennettsville, SC) $2,989,487.57 Yates Construction (Stokesdale, NC) $3,117,990.15 Monroe Roadways, Inc. (Fairport, NY) $3,187,905.15 Autry Grading (Fayetteville, NC) $3,291,100.00 Atlas Resource Management (Fayetteville, NC) $3,318,480.70 T.A. Loving (Goldsboro, NC) $3,719,028.00 ES & J Enterprises (Autryville, NC) $3,949,859.00 McClam & Associates, Inc. (Little Mountain, SC) $4,032,051.75 B.F. McMahon, Inc. (Columbia, SC) $4,148,308.00 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AWARDING CONTRACT TO R. H. MOORE COMPANY, INC. RESOLUTION NO. R1997-110. 3. Award of contract for construction of utilities in Fayetteville Annexation 1996-Phase II, Area 300 Montclair Subdivision, Section II, to Colt Contracting Company, lowest evaluated bid in the amount of $1,529,222.15 and add Alternate E-1 in the amount of $12,300.00 for a total of $1,541,552.15. Bids were received as follows: Colt Contracting Co. (Clinton, NC) $1,552,415.48 Autry Grading (Fayetteville, NC) $1,564,893.00 Marlboro Constructors (Bennettsville, SC) $1,590,782.05 Wellons Construction Co. (Dunn, NC) $1,612,670.97 R.H. Moore Co., Inc. (Murrells Inlet, SC) $1,630,658.27 Yates Construction Co. (Stokesdale, NC) $1,675,070.50 ES & J Enterprises (Autryville, NC) $1,777,402.67 Monroe Roadways, Inc (Fairport, NY) $1,792,147.20 Billy Bill Grading Co (Fayetteville, NC) $1,811,876.25 B.F. McMahon, Inc. (Columbia, SC) $1,920,819.17 McClam & Associates, Inc. (Little Mountain, SC) $1,987,025.00 T.A. Loving (Goldsboro, NC) $2,026,678.00 Atlantic Coast (Denver, NC) $2,215,872.05 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AWARDING CONTRACT TO COLT CONTRACTING, INC. RESOLUTION NO. R1997-111. Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1997. Mayor Pro Tem McBryde moved to approve the remainder of the consent agenda, seconded by Councilmember Cheek and carried unanimously by a vote of 12 to 0. The following items were unanimously approved: A. Approve minutes of regular meeting of November 3, 1997. B. Approve minutes of special meeting of November 13, 1997. C. Approve minutes of regular meeting of November 17, 1997. D. Refer to Streets and Roads Committee the FY97-98 Street Resurfacing List. E. Approve the following PWC Bid awards: 1. Award of contract for construction of the Stoney Point Road Water Main to Blue Construction, low bid in the amount of $531,664.00. Bids were received as follows: Blue Construction Co. (Sanford, NC) $531,664.00 Brewers Excavating, Inc. (Rural Hall, NC) $551,427.95 Wellons Construction, Inc. (Dunn, NC) $598,422.00 R.H. Moore Co., Inc. (Murrells Inlet, SC) $621,657.00 Herring & Rivenbark, Inc. (Kinston, NC) $656,080.00 Colt Contracting Co. (Clinton, NC) $657,353.50 Odell Smith & Sons (Spring Lake, NC) $664,641.25 4. Award of contract for construction of the P.O. Hoffer Tube Settler upgrade to State Utility Contractors, Inc., lowest evaluated bid in the amount of $573,050.00 which includes a base bid of $599,750.00, less proposed contract modification credit of $26,700.00. Bids were received as follows: State Utility Contractors $599,750.00 Crain and Denbo $667,700.00 Haren Construction Company $673,985.00 J. S. Haren Company $677,000.00 Kemp Construction Company $682,900.00 T.A. Loving $715,000.00 Crowder Construction Company $716,640.00 Nortec Construction Company $729,704.00 Cajun Contractors, Inc. $742,000.00 Dellinger, Inc. $795,400.00 Water and Waste Systems Construction $829,000.00 5. Award of contract for purchase of four (4) 1500 KVA Padmounted Transformers to Howard Industries, c/o Richardson and Associates, lowest evaluated bid meeting specifications in the amount of $96,348.00. Bids were received as follows: Howard Industries, c/o Richardson Assoc (Kenly, NC) $96,348.00 Power Supply (Matthews, NC) $65,560.00 Rigby Electric (Rocky Mount, NC) $68,420.00 Scott-Parish (Wake Forest, NC) $79,281.28 Pauwels (Washington, MO) $69,872.00 National Electrical (Boonville, NY) $101,400.00 6. Award of contract for purchase of Intra-governmental Network Electronics (equipment, instruction and support) to Anixter, Inc., low evaluated bid as described in the September 15, 1997, proposal for the amount not to exceed the price of $475,935.00. PWC received eight proposals to its RFP for the electronics portion of the IGN. Eight proposals were received and evaluated. Three of those vendors were selected for further evaluation by face-to-face interviews with the PWC evaluation team. The evaluation team was assisted by our consultant, Electrotek Concepts of Knoxville, Tennessee. Anixter's proposal was evaluated highest by Electrotek in both the initial phase and the interview phase of the evaluation process. The PWC assessment team also concurs with their recommendation. F. Referral of ordinances and policies regarding City Council and City Council meeting procedures to the Policy Committee for review and any recommended changes. 5. PUBLIC HEARINGS A. Consideration of an Ordinance to extend the Corporate Limits of the City of Fayetteville, NC (Petition-initiated contiguous area)(Eckerd's Drug Store Site - southern side of Raeford Road, west of Bingham Drive) - Property of ZP No. 15, L.L.C. - Zimmer Development Company). Deputy City Manager Roger L. Stancil presented this item. This is the advertised public hearing set for this date and time. The public hearing opened at 7:34 p.m. Mr. Richard M. Lewis, Jr., Attorney, 310 Dick Street, Fayetteville, NC, appeared in favor of the annexation. There was no one further to speak either in favor or opposition and the public hearing closed at 7:35 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. Eckerd Drug Store (Southern Side of Raeford Road, West of Bingham Drive)(Property of Z.P. No. 15, L.L.C. - Zimmer Development Company). ANNEXATION ORDINANCE NO. 97-12-424. Councilmember Kendrick moved to adopt the ordinance, seconded by Councilmember Talbot and carried unanimously by a vote of 12 to 0. A copy of the foregoing ordinance is on file in the City Clerk's office in Annexation Ordinance Book 1997. 6. Report on School Zone Flashing Lights on Glensford Drive at Montclair Elementary School. Councilmember Kendrick moved to refer this item to the Streets and Roads Committee, seconded by Councilmember Smith and carried unanimously by a vote of 12 to 0. 7. Consideration of termination of City Manager's Contract. Mayor Pro Tem McBryde moved that the contract with Ronald H. Rabun as City Manager be terminated according to the terms and conditions of that contract and that the severance package as defined in that contract be taken from the savings of not filling the position of Deputy City Manager until the contract with Mr. Rabun is paid off, if Mr. Stancil is subsequently named as Fayetteville's City Manager, seconded by Councilmember Milligan and carried by a vote of 9 to 3 with Councilmembers Haire, Worthy, and Massey in opposition. Mayor Dawkins stated the City Attorney would take care of this matter. 8. Consideration of Appointment of City Manager. Mayor Pro Tem McBryde stated that in all the turmoil of this past year, there had been one constant positive force and that force was Roger L. Stancil. Mayor Pro Tem McBryde moved to appoint Roger L. Stancil as our next City Manager and that Mayor J. L. Dawkins, with the assistance of City Attorney Bob Cogswell, would work out a preliminary contract with Mr. Stancil to be brought before this Council at the next meeting for final approval, seconded by Councilmember Kendrick and carried unanimously by a vote of 12 to 0. City Manager Roger L. Stancil accepted the appointment. INFORMATION ITEMS: 1. Letters from citizens/customers on Traffic Services Staff Customer Service. 2. Report on Monthly Survey Results of Seat Belt Usage Program. 3. Speed Studies Report on Coventry Road. 4. Information regarding American Planning Association Audio Conference. Councilmember Kendrick moved to adjourn the meeting, seconded by Councilmember Worthy and carried unanimously by a vote of 12 to 0. The meeting adjourned at 7:40 p.m. REGULAR MEETING DECEMBER 15, 1997 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER DECEMBER 15, 1997 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty S. Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Victor Sharpe, Planning Division Manager Jerome Brown, Transit Director Robert Barefoot, Recreation/Community Facilities Director Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by the Reverend T. J. Fulk, Interim Pastor of Immanuel Baptist Church, followed by Mayor Dawkins leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins announced the Character Education Concept for December 1997 is caring. 1. APPROVAL OF AGENDA City Manager Roger Stancil requested to add a closed session to discuss personnel, economic development, and acquisition of property as Item 16.C. City Attorney Robert Cogswell, Jr., stated that Item 2.G needed to be in the form of a resolution and that the motion should authorize that the appropriate resolution be drawn up. Councilmember Kendrick moved to approve the agenda with the additions, seconded by Councilmember Kizer and carried unanimously by a vote of 12 to 0. 2. CONSENT: Mayor Dawkins presented the Consent Agenda and asked if any items should be removed before calling for action. Councilmember Kizer requested to pull Item 2.D. Councilmember Kendrick requested to pull Items 2.A, 2.M, and 2.N. Councilmember Fogleman requested to pull Item 2.P. Councilmember Milligan requested to pull Item 2.Q. Mayor Pro Tem McBryde moved to approve the Consent Agenda with the exceptions of Items 2.A, 2.D, 2.M, 2.N, 2.P and 2.Q. After a second from Councilmember Kendrick, the consent agenda and following items were unanimously approved: A. Pulled for discussion by Councilmember Kendrick. B. Approve North Carolina Statewide Emergency Management Mutual Aid and Assistance Agreement between the NC Department of Crime Control and Public Safety and City of Fayetteville. C. Approve tax refunds over $100. Name Year Basis Amount O'Hair, Ova III 1994 Military Non-Resident $109.50 Kirby, Daniel William 1996 Jurisdiction is Fort Bragg 124.44 Gaskins, Eric Reginald 1996 Military Non-Resident 133.87 Martin, John A. Jr & wife, Gayle 1996 Value adjusted per Property 395.73 Tax Commission Salone, Orza & Delphi 1996 Double listed in error 239.68 Wolf Camera Inc 1997 Amended statement filed 194.30 Total $1,197.52 D. Pulled for discussion by Councilmember Kizer. E. Authorize a change order to add construction administration and inspection services for Phase I renovations of Fayetteville Regional Airport, in the amount of $31,820.00 plus reimbursable. The change order will allow the project to proceed to the next phase and includes periodic construction administration and resident inspection services and preparation of as-built or CAD deliverable drawings. F. Approve conveyance of Lots 31 and 32, Habitat Village, Phase II, to Habitat for Humanity. G. Approve renewal of Lease Agreement between City of Fayetteville and Cape Fear Studios, Inc., for lease space in the Farmer's Market Building. RESOLUTION AUTHORIZING LEASE OF CITY OF FAYETTEVILLE PROPERTY TO CAPE FEAR STUDIOS, INC. RESOLUTION NO. R1997-112. H. Approve renewal of Lease Agreement between City of Fayetteville and The Arts Council for lease space in property located at 301 Hay Street. RESOLUTION AUTHORIZING THE AMENDMENT OF LEASE OF CITY OF FAYETTEVILLE PROPERTY TO THE ARTS COUNCIL OF FAYETTEVILLE/CUMBERLAND COUNTY, INC. RESOLUTION NO. R1997-113. I. Adopt resolution authorizing condemnation of Parcel 20 - Morganton Road Sidewalk Project. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (MORGANTON ROAD SIDEWALK). RESOLUTION NO. R1997-114. J. Adopt resolution authorizing condemnation of the following parcels - Cape Fear Valley Medical Center/Drake Park Drainage Project: 1. Parcel CF-2 A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (CAPE FEAR DRAINAGE). RESOLUTION NO. R1997-115. 2. Parcel CF-3 A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. (CAPE FEAR DRAINAGE). RESOLUTION NO. R1997-116. K. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, prohibiting parking on McFayden Drive. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NUMBER 11 - PARKING PROHIBITED). ORDINANCE NO. NS1997-030. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES TRAFFIC SCHEDULE NUMBER 11 - PARKING PROHIBITED. ORDINANCE NO. NS1997-031. L. Approve request from N.C. DOT for modifications to the speed limit along Morganton Road. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NUMBER 8 - SPEED CONTROL). ORDINANCE NO. NS1997-032. M. Pulled for discussion by Councilmember Kendrick. N. Pulled for discussion by Councilmember Kendrick. O. Approve award of contract for AS400 computer upgrade to Eastern Technology Associates, LLC (Greenville, NC), in the amount of $42,300.00, which includes performance bond cost. The item offered by the recommended bidder meets or exceeds all technical specifications and delivery requirements. This is the third time that this Request for Bid has been advertised and Eastern Technology Associates, LLC, is the only bidder that has responded. The primary reason given for other vendors not bidding is that this particular upgrade does not provide a profit margin that makes performing the work worth the company's time and effort. P. This item was pulled by Councilmember Fogleman. Q. This item was pulled by Councilmember Milligan. R. Approve award of contract for construction of the Strickland Bridge Road Water Main Extension to Brewers Excavating (Rural Hall, NC), lowest evaluated bid, in the amount of base bid of $609,116.06 plus Item No. 2 of Alternate Bid for a total bid of $615,820.66. (PWC) Bids were received as follows: Brewers Excavating (Rural Hall, NC) $609,116.06 Wellons Construction (Dunn, NC) $616,187.36 State Utility Contractors (Monroe, NC) $626,673.65 Brown Utility Company (Concord, NC) $646,933.00 Blue Construction (Sanford, NC) $647,625.90 Sanford Contractors (Sanford, NC) $668,106.80 Frank Horne Construction (Fair Bluff, NC) $734,166.53 T.A. Loving (Goldsboro, NC) $753,209.50 Marlboro Constructors (Bennettsville, SC) $781,270.05 Herring & Rivenbark (Kinston, NC) $924,719.00 Columbus Utilities, Inc. (Fair Bluff, NC) $1,009,519.90 A. Approve minutes of regular meeting of December 1, 1997. Councilmember Kendrick requested that these minutes be researched to see if a motion had been made for Councilmember Kizer to abstain on Items 4.E.2 and 4.E.3. (The minutes correctly reflect that no motion was made on this item at the meeting on December 1, 1997. This was corrected January 5, 1998.) D. Adopt Special Revenue Fund Project Ordinance Amendment Number 98-3 (Federal Forfeiture Funds). Councilmember Kizer pulled this item and requested to be allowed to abstain from voting. Councilmember Cheek moved to allow Councilmember Kizer to abstain from voting on this item, second by Councilmember Talbot and carried unanimously by a vote of 12 to 0. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE APPROVING SPECIAL REVENUE FUND PROJECT ORDINANCE AMENDMENT 98-3 (FEDERAL FORFEITURE FUNDS). RESOLUTION NO. R1997-117. Mayor Pro Tem McBryde moved to adopt the resolution, seconded by Councilmember Worthy and carried by a vote of 11 to 0 with Councilmember Kizer abstaining. M. Set public hearing for January 5, 1998, to consider changes in Fixed Route Transit Service. Councilmember Kendrick pulled this item for discussion and asked for clarification. City Manager Roger Stancil stated the recommendation was to set a public hearing for January 5, 1998, for public input on the proposed changes in the bus routes. Councilmember Kendrick moved to set the public hearing for January 5, 1998, seconded by Councilmember Worthy. Councilmember Cheek requested that display ads be done to inform the public prior to the public hearing. Mayor Dawkins called for the vote and the motion carried unanimously by a vote of 12 to 0. N. Approve changes to Use and Operating Agreement for Cliffdale Elementary School/Recreation Center site. Councilmember Kendrick pulled this item for discussion. He inquired about the reverter clause which gave the property back to the County. Mr. Cogswell explained the contents of the agreement. Councilmember Kendrick moved to approve, seconded by Councilmember Worthy and carried unanimously by a vote of 12 to 0. P. Approve referral to Policy Committee the consideration of revisions to City Policy Number 130.1, Award of Service Revolvers. Councilmember Fogleman pulled this item for discussion. She stated she had a problem with the wording in the policy regarding rendering the guns to the spouse. City Manager Roger Stancil stated this item was to refer the policy change request to the Policy Committee for their review and recommendation. Councilmember Kizer moved to refer this item to the Policy Committee, seconded by Councilmember Fogleman and carried unanimously by a vote of 12 to 0. Q. Adopt resolution pursuant to N.C.G.S. 160A-31(c) fixing a date for a public hearing for a petition-initiated contiguous annexation area (Longview Hills, Section 2, Part 1 - Located south of Longview Drive, east of Carrol Avenue - property of Broadwell Land Company and Luther and Grace Pearsall) (Recommended Public Hearing Date is January 5, 1998). Councilmember Milligan pulled this item for discussion. She requested that in order to avoid any future problems, the staff be sure that all of the people in the Longview area receive all information regarding this annexation. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE PURSUANT TO N.C.G.S. 160A-31(C) FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED CONTIGUOUS ANNEXATION AREA (LONGVIEW HILLS, SECTION 2, PART 1-LOCATED SOUTH OF LONGVIEW DRIVE, EAST OF CARROL AVENUE). RESOLUTION NO. R1997-118. Councilmember Massey moved to approve and adopt the resolution, seconded by Councilmember Kizer and carried unanimously by a vote of 12 to 0. Copies of the foregoing ordinances are on file in the City Clerk's office in Ordinance Book NS1997. Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1997. 3. PUBLIC HEARINGS: A. Consideration of adoption of an ordinance to extend the Corporate Limits of the City of Fayetteville, N.C. (Petition-initiated contiguous annexation area - Site of future Waffle House Restaurant-Western side of Ramsey Street, south of McArthur Road, adjacent to Amoco Service Station. City Manager Roger Stancil presented this item. He stated this is a petition-initiated annexation and recommended approval of the annexation to be effective December 15, 1997. This is the advertised public hearing set for this date and time. The public hearing opened and closed at 7:28 p.m. There were no persons present to speak either in favor or opposition to the annexation. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. Site of future Waffle House Restaurant (Western Side of Ramsey Street, South of McArthur Road, Adjacent to Amoco Service Station). ANNEXATION ORDINANCE. NO. 97-12-425. Mayor Pro Tem McBryde moved to adopt the ordinance, seconded by Councilmember Worthy and carried unanimously by a vote of 12 to 0. A copy of the foregoing ordinance is on file in the City Clerk's office in Annexation Ordinance Book 1997. B. Case No. P97-59F. Consideration of the rezoning from C1 Local Business District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 325 N. Eastern Boulevard. Containing .43 acres more or less and being the property of Marion R. D. Hales as evidenced by deed recorded in Deed Book 2267, Page 597, Cumberland County Registry. Mr. Victor Sharpe, Planning Division Manager, presented this item. Mr. Sharpe stated that the Planning staff and the Zoning Commission recommended denial of the rezoning based on the fact that the land uses allowed in the C3 heavy commercial district were not in keeping with the objectives of the 2010 Land Use Plan for designated entrance corridors to promote the visual image of the City of Fayetteville. This is the advertised public hearing set for this date and time. The public hearing opened at 7:38 p.m. Mr. Robert Fisher, 716 Kooler Circle, Fayetteville, NC, appeared in favor of the rezoning. No one else was present to speak either in favor or opposition to the rezoning and the public hearing closed at 7:42 p.m. Mayor Dawkins stated there could be no contract zoning for a certain type business and all uses in a C3 zone must be considered by the Council when making their decision regarding the rezoning. Councilmember Haire moved to approve the rezoning to C3 seconded by Councilmember Williams. A lengthy discussion was held regarding the rezoning issue with Councilmember Smith stating his opposition to the motion and Councilmember Worthy, Cheek, and Talbot stating their approval. Councilmember Massey called for the question which was approved by a unanimous vote of 12 to 0. Mayor Dawkins called for a vote on the motion to rezone to C3. The vote on the motion was 7 to 5 in favor of the rezoning. Councilmembers Cheek, Worthy, Talbot, Kizer, Milligan, Williams and Haire voted in favor and Councilmembers Massey, McBryde, Fogleman, Kendrick and Smith voted in opposition. City Attorney Robert Cogswell stated that because the motion did not carry by a three-fourths vote of 9 there would have to be a second reading with no debate to approve the rezoning to C3. Mr. Cogswell stated this item would be placed on the next agenda for a second vote with no discussion as required by North Carolina General Statutes. 4. Consideration of adoption of resolution confirming assessment roll and levying assessments for the improvement of Sherrerd Avenue (from Kirkland Drive to Brainerd Avenue) for paving. Assistant City Manager Jimmy Teal presented this item. Mr. Teal reminded the Council that the public hearing for this item had been held on July 21, 1997, and that a determination needed to be made regarding whether the property of Mr. Percy Warren should be assessed. Mr. Teal presented a video tape of the area in question. He requested that the Council's decision be consistent with the property across the street owned by Mr. Erhard and Helga Gross, whose topography situation was basically the same. Mayor Pro Tem McBryde asked Mr. Cogswell if the appraisal showed the property had not been improved, could an assessment be removed. Mr. Cogswell stated in the affirmative. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1997-119. Mayor Pro Tem McBryde moved to approve the assessment roll with the exception of Mr. Percy Warren's property and Mr. and Mrs. Gross' property. The motion carried unanimously by a vote of 12 to 0. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1997. 5. Consideration of request to address City Council from Leon Goldstein regarding animal control. Mr. Leon Goldstein, 2609 Colgate Drive, Fayetteville, NC, addressed the Council. Mr. Goldstein stated he was a member of the Cumberland County Dangerous Dog Appeal Board and that he had addressed the Council exactly one year ago regarding animal control and to this date no change had been made. Mr. Goldstein requested the Council approve the establishment of an Animal Control Commission within the City. City Manager Roger Stancil stated he this was an issue of the level of service of a consolidated agency and he felt it should be referred to the City-County Liaison Committee. Mr. Stancil stated that the County provides the service and the City has become the middle man who can do nothing about the situation. Councilmember Kendrick moved to refer this item to the City-County Liaison Committee and have Mr. Goldstein notified in order that he might be present at the discussion, seconded by Councilmember Cheek and carried unanimously by a vote of 12 to 0. 6. Consideration of report on status of Eufaula Street project. City Manager Roger Stancil presented this item. Mr. Stancil gave a background of the project and stated that this project had been included in the One-Year Budget Plan and submitted to HUD for their approval. He stated the consultant that had helped the County with the relocation project had been hired by the City to perform the same services. The appraisals had been received and the City was ready to relocate the remaining residents of Eufaula Street. Mr. Stancil stated the Council's budget included $705,900.00 in Community Development Block Grant funds. The total project budget is estimated to be $884,500.00. To date, the County Commissioners had not responded to the City's request to refund the difference of $179,500.00. Mr. Stancil stated that sufficient funds could be transferred administratively from the Housing Rehabilitation Line Item to complete the project. He recommended referring the project to the Redevelopment Commission who is authorized to acquire property. Mayor Dawkins stated that no motion was required on this item. Councilmember Smith expressed his objection to spending the funds without the additional funds being received from the County. Mr. Smith moved to delay action until the City pursues further participation from the County, seconded by Councilmember Talbot. A lengthy discussion ensued regarding the source of the funds over the $705,000.000 allocation, the responsibility of Cumberland County in this issue, and the process used to determine the values of the properties plus the relocation expenses paid to the property owners. Jessie Myers, consultant, explained the federal regulations regarding the relocation process used for federal funds. She explained that the property owners receive the appraised value, replacement housing costs, and moving expenses when it is owner occupied. She further explained if a vacant lot is involved, only the appraised value will be paid. Ms. Myers stated that the County had spent approximately $1.5 million dollars on their relocation project. Councilmember Cheek inquired as to whether there was a time limit on Councilmember Smith's motion. Councilmember Smith responded the deadline would be January 30, 1998. A discussion ensued as to whether the project should move forward or be delayed. Councilmember Kizer made a friendly amendment to the original motion. He moved to proceed with the $705,000.00 limit as set out and to hold off on the $179,500.00 until January 30, 1998, when an answer would have been received from the County, seconded by Councilmember Talbot. Councilmember Smith accepted the friendly amendment to his motion. Further discussion was held regarding the funding of the project and the City's contribution to the relocations which had been done by the County. City Attorney Robert Cogswell stated he had a concern from an equal protection standpoint because the properties had been identified and property owners had been notified. He stated it was his opinion the City would be obligated to follow through with the entire project whether the County came up with the requested funds or not. As requested by Councilmember Massey, Councilmember Kizer restated his motion to proceed with staff's recommendation pertaining to the $705,000.00 of Community Development Funds and to hold off on the aproximate $180,000.00 until the County had been heard from on January 30, 1998. City Manager Roger Stancil stated the Council could reconsider the project but the project had been adopted by the Council and submitted to HUD and HUD had approved the project. It now became a political situation and could affect future funding from HUD to the City of Fayetteville. Councilmember Williams called the question, seconded by Councilmember Milligan and carried unanimously by a vote of 12 to 0. Mayor Dawkins called for a vote on the amended original motion and the motion carried by a vote of 10 to 2 with Councilmembers Massey and Worthy in opposition. Councilmember Kendrick requested that the Council be kept informed about the Fayetteville Redevelopment Commission's progress in acquiring the properties and the values being paid for each of the properties. 7. Case No. P97-57F. Consideration of the rezoning from R10 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 949 Country Club Drive. Containing .78 acres more or less and being the property of Vinnie A. Powell Heirs as evidenced by deed recorded in Deed Book 549, Page 230, Cumberland County Registry. This item was presented by Ms. Kathy Kem, Planning Division staff member. Ms. Kem recommended approval of the rezoning. Mayor Pro Tem McBryde moved to approve the rezoning, seconded by Councilmember Fogleman and carried unanimously by a vote of 12 to 0. 8. Case No. P97-61F. Consideration of the rezoning from R6 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 2310 Southern Avenue. Containing .60 acres more or less and being the property of W. D. Cameron Heirs as evidenced by deed recorded in Deed Book 4524, Page 666, Cumberland County Registry. Mr. Victor Sharpe, Planning Division Manager, presented this item. Mr. Sharpe stated that both the staff and Zoning Commission recommended approval of the rezoning. Councilmember Kizer stated that after reviewing these cases, he had concerns about the inconsistency of using the 2010 Plan to make rezoning decisions. Mr. Kizer stated it is difficult for citizens to know if their rezoning request will be approved because of these inconsistencies. He stated he felt the 2010 Plan might possibly be outdated and needed to be revised or thrown out. Mr. Sharpe stated the staff was aware of the inconsistencies and were currently working with the County Planning Commission to update the plan. Councilmember Cheek moved to approve the rezoning, seconded by Mayor Pro Tem McBryde. Councilmember Kendrick stated he felt this area should be sent back for review of the 2010 Plan in this area. Mr. Kendrick made a substitute motion to send this back to the Planning staff for review of the 2010 Plan, seconded by Councilmember Massey. Councilmember Kizer stated that a study of the Cain Road area had been sent back to the Commission for a study of the 2010 Plan and the Council did not follow the recommmendation of the Planning and Zoning Commissions. He stated he felt that if it is sent back, then the recommendations to Council should be followed by Council. Mayor Pro Tem McBryde stated he disagreed with Mr. Kizer because the Commissions were being asked for recommendations but the Council makes the final decision and he did not feel that the Council should be tied into always accepting recommendations. Councilmember Cheek stated that in dealing with rezoning items, she would like for the staff to provide the Council with past rezoning decisions. Mayor Dawkins called for a vote on the substitute motion and the motion failed by a vote of 3 in favor (Councilmembers McBryde, Massey, and Kendrick) and 9 in opposition (Councilmembers Smith, Worthy, Talbot, Kizer, Fogleman, Milligan, Williams, Cheek and Haire). Mayor Dawkins called for a vote on the original motion to rezone and it carried by a vote of 11 to 1, with Councilmember Massey in opposition. 9. Case No. P97-62F. Consideration of an application by Steven Casteele for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-22(17.1) to allow a Cellular Tower in an M1 Industrial District for an area located at 4600 Yadkin Road. Containing .277 acres more or less and being the property of RICAM Corporation as evidenced by deed recorded in Deed Book 3004, Page 177, Cumberland County Registry. Ms. Kathy Kem of the Planning Staff presented this item. Ms. Kem stated the public hearing had been held on December 17, 1997, as required and approval of the site plan was recommended. She also stated that as required this item had been approved by the Appearance Commission. Mayor Pro Tem McBryde moved to approve the Special Use Permit with the following findings of fact, seconded by Councilmember Milligan and carried unanimously by a vote of 12 to 0. Findings of Fact are as follows: 1. Such use shall fit in with the character of the area; and 2. Such use is not detrimental to the surrounding neighborhood, including, but not limited to the items below: a. Commercial/industrial zoned areas: When a tower is constructed and its height is less than three hundred (300) feet, it shall be set back (measured from its base) from all adjacent property lines a distance equal to one (1) foot for every two (2) feet of height, but never less than fifty (50) feet. When a tower exceeds three hundred (300) feet in height, it shall be set back (measured from its base) from property/lease lines a distance equal to one (1) foot for every two (2) feet of height, but never less than fifty (50) feet. b. That the tower base be enclosed in a chain link fence with a minimum height of ten (10) feet and such fence to be a minimum of ten (10) feet from the base of the tower. c. That a buffer area twenty-five (25) feet wide be provided around the perimeter of the tower compound to shield all structures, including guide wires or anchors. Such buffer area shall be planted with evergreen trees that will attain a minimum height of twenty-five (25) feet. Such trees to be on a maximum twenty (20) foot spacing. The inner fringe of such buffer area shall have an initial height of at least three (3) feet and be planted with an evergreen hedge that will attain a minimum height of six (6) feet. Such hedge shall be opaque in effect and completely shield any object behind it from view. d. Certification by applicant that the proposed tower will be constructed and operated in accordance with all applicable local, state, and federal laws and ordinances, including, but not limited to, all FCC and FAA rules and guidelines. e. Radio or television or similar reception for adjoining residentially zoned properties will not be disturbed or diminished. f. The height of the tower does not exceed four hundred fifty (450) feet. Where towers are located on buildings/structures, the height of the tower and building/structure combined shall not exceed four hundred fifty (450) feet. g. The use will not be detrimental to the surrounding neighborhood. h. That no tower may be constructed closer than one thousand five hundred (1,500) feet to any other tower. However, concealed towers defined in Section 32-5, Definitions, are exempt. If a variance is needed, the applicant shall appeal to the Board of Adjustments. i. In order to protect the public from unnecessary exposure to electromagnetic radiation, the tower owner shall provide documentation indicating that the power density levels do not exceed federally approved levels or American National Standards Institute (ANSI) standards, whichever provides the stricter requirements. j. Lighting shall meet or exceed the Federal Aviation Administration (FAA) standards if lighting is required by the FAA. To the extent allowed by the FAA, strobes shall not be used for night time lighting. The lights shall be oriented so as not to project directly onto surrounding residential property, consistent with FAA requirements. k. That towers which are not used for a period of six (6) months or more shall be removed by the owner within ninety (90) days of notification to the owner from the respective Department of Inspections. To assure the removal of towers which do not meet requirements for use or maintenance, a statement of financial responsibility to the City Inspections Department shall be submitted for each tower over seventy-five (75) feet. Removal costs shall be charged to the tower owner. l. The entity/owner seeking approval of the special use permit shall submit every two (2) years a statement signed and sealed by the applicant's engineer and from an outside independent registered and licensed engineer on the sixth year as to the structural soundness of the tower. If a tower is determined not to be structurally sound, the entity receiving approval shall have the burden of any repairs and said repairs must be completed within sixty (60) days. m. That the applicant show willingness to camouflage the tower with the surrounding area, i.e., paint, incorporation into architectural design/structure, or other means. Communication towers and associated equipment which are totally concealed within a building or structure so that they are architecturally indiscernible shall not be considered towers. n. That no outside storage be allowed on site. 10. Presentation and Acceptance of FY1996-97 Financial Statements and Schedules. Mr. Eddie Burke, partner, of Cherry, Bekaert and Holland accountants presented the FY1996-97 Financial Statement and Schedules. A copy of the official report is on permanent retention in the office of the City's Finance Director. A discussion was held regarding the revenue and the collection of revenue and debts. Councilmember Kendrick moved to accept the 1997 Audit Report, seconded by Mayor Pro Tem McBryde and carried unanimously by a vote of 12 to 0. Councilmember Cheek requested that the Council be given a briefing on the staff's financial plan for debt payment. 11. Consideration of recommendation from the Parks and Recreation Advisory Commission to name the park at 739 Blue Street the Martin Luther King, Jr., Memorial Park. Mr. Robert Barefoot, Recreation/Community Facilities Director, presented this item. Mr. Barefoot stated the Parks and Recreation Advisory Commission recommended approval of naming the park at 739 Blue Street the Martin Luther King, Jr., Memorial Park. Councilmember Massey moved to approve, seconded by Councilmember Kizer and carried unanimously by a vote of 12 to 0. 12. Consideration of approval of acceptance of property located on Beaver Creek between Bingham and Hope Mills Roads. City Manager Roger Stancil presented this item. Mr. Stancil recommended acceptance of the 24-acre tract in accordance with the City's policy of accepting property along stream ways identified in the Parks and Recreation Master Plan. Mr. Stancil recommended the acceptance be approved subject to the condition that the property has clean title, is free of any environmentally hazardous materials and is made as a donation with no expense to the City. Councilmember Kizer moved to accept the property with the conditions as set out by City Manager Roger Stancil, seconded by Councilmember Worthy and carried unanimously by a vote of 12 to 0. 13. Report from Streets and Roads Committee. Councilmember Kendrick, Chairman of the Streets and Roads Committee, presented the following items: 1. Consideration of traffic signal on Boone Trail at the Bordeaux Cinema. Councilmember Kendrick stated that no action was taken on this item and it is still pending. 2. Consideration of traffic signal on McPherson Church Road at Barcelona Drive. Councilmember Kendrick moved to install the traffic light signal at McPherson Church Road and Barcelona Drive and for the City to participate in 50 percent of the cost of the signal installation, seconded by Mayor Pro Tem McBryde and carried unanimously by a vote of 12 to 0. 3. Consideration of paving Barges Lane. Councilmember Kendrick moved to follow Alternate 1 which allowed left and right turns onto Barges Lane from Grove Street but restricted traffic exiting Barges Lane to Grove Street with only a right-turn lane, seconded by Councilmember Massey. Councilmember Cheek asked Attorney Stacey Weaver if the property owners contributing to the right-of-way were in concurrence with Councilmember Kendrick's motion. Mr. Weaver presented a petition to the Council requesting that a left-turn lane from Barges to Grove Street be allowed. A discussion ensued with Assistant City Manager Jimmy Teal stating the staff felt that due to the increase of traffic in this area the plan suggested by Councilmember Kendrick should be used. Mayor Dawkins called for a vote on the issue and stated that since Councilmember Haire was not present in his seat and had not been excused, his vote would be counted as a vote in the affirmative. Mayor Dawkins called for the vote and the motion carried by a vote of 8 to 4 with Councilmembers McBryde, Cheek, Kizer and Milligan in opposition. 4. Consideration of acceptance of Shedd Avenue. Councilmember Kendrick stated this item would be brought back to the Council in January of 1998. 5. Consideration of the Franklin Street and Robeson Street two-way traffic signal. Councilmember Kendrick moved to inform the North Carolina Department of Transportation that the City will consider two-way traffic and the designing of the intersection at Franklin and Robeson Streets for two-way traffic, seconded by Councilmember Talbot and carried unanimously by a vote of 12 to 0. 14. Report from Policy Committee. Mayor Pro Tem McBryde presented the following items. A. Consideration of amendment to City Code 2-3(b) - adding to the agenda at meetings. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING VARIOUS SECTION 2-3(b), ORDER OF BUSINESS; AGENDA, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1997-020. Mayor Pro Tem McBryde moved to adopt the amendment to the City Code regarding the addition of items to the published agenda, seconded by Councilmember Kizer and carried unanimously by a vote of 12 to 0. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1997. B. Consideration of rescission of Policies #115.5 and #120.1. Mayor Pro Tem McBryde moved to rescind City Council Policy #115.5, revision of the Code of Ordinances, and Policy No. 120.1, policy on information meetings, seconded by Councilmember Kizer and carried unanimously by a vote of 12 to 0. C. Consideration of amendment to City Code 2-3(d)- adding litigation as an exception to six month restriction on reconsideration of an item. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 2-3(d), ORDER OF BUSINESS; AGENDA, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO S1997-021. Mayor Pro Tem McBryde moved to adopt the ordinance, seconded by Councilmember Cheek and carried unanimously by a vote of 12 to 0. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1997. D. Consideration of recommendation regarding three minute time limit on debate by a Councilmember. Mayor Pro Tem McBryde informed Council that the committee was recommending controlling the length of Council debate by the use of lights. He explained the yellow lights would come on after a Councilmember had spoken for two minutes and the red light would come on after three minutes. Mayor Pro Tem McBryde moved to use the lights for three months, seconded by Councilmember Worthy and carried unanimously by a vote of 12 to 0. E. Consideration of amendment to City Code 2-4(a) - limit on substitute motions. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 2-4(a), PARLIAMENTARY PROCEDURE, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1997-022. Mayor Pro Tem McBryde moved that if a valid substitute motion is made, the substitute motion must be voted upon before any further substitute motions may be made, seconded by Councilmember Kizer and carried unanimously by a vote of 12 to 0. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1997. F. Consideration of amendment to City Code 2-4(b) - calling the question after initial round of debate. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 2-4 (b), PARLIAMENTARY PROCEDURE, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. S1997-023. Mayor Pro Tem McBryde moved that during the second round of debate, any member, without being recognized by the chair, may make a motion calling for the previous question and if seconded and approved upon a two-thirds vote of those present, debate shall cease, regardless of whether or not there are members of the Council still desiring to speak on the question, seconded by Councilmember Fogleman and carried unanimously by a vote of 12 to 0. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1997. G. Consideration of amending Policy #120.2(B) to require twenty instead of fifteen copies of materials from citizens who are not listed on an agenda who want materials distributed to the City Council. Mayor Pro Tem McBryde moved to amend City Council Policy No. #120.2(B) to require 20 copies of written material rather than 15 copies, seconded by Councilmember Worthy and carried unanimously by a vote of 12 to 0. H. Consideration of policy concerning accounting of property purchased for City Council members where reimbursement is from communications allowance. Mayor Pro Tem McBryde moved to adopt a new Policy No. 115.8, Property Acquisition-Communications Expense. The policy reads as follows: Councilmembers may purchase, concurrently with the vacating of their office, tangible personal property acquired through reimbursement from the communication allowance, at the Internal Revenue Service Tax Code's depreciated remaining value for tangible property by using the modified accelerated cost recovery (MACRS) method, and consistent with the provisions of General Statute 160A-266. 15. Consideration of items for referral to City-County Liaison Committee. Mayor Dawkins stated that the Animal Control issue had been referred to the City-County Liaison Committee. Councilmember Massey inquired as to whether the Eufaula Street issue should be sent to the Committee. Councilmember Smith requested that there be a one-on-one meeting between the City Manager and a representative with the County in order that they can meet the January 30, 1998 deadline. Councilmember Kizer requested that a discussion off a joint retreat of the City Council and the County Board of Commissioners be referred to the City-County Liaison Committee for discussion. Mr. Stancil stated there was going to be a joint event around January 13, 1998. 16. Consideration of the following City Council schedule changes: A. Cancellation of December 22, 1997, City Council meeting. Mayor Pro Tem McBryde moved to approve, seconded by Councilmember Milligan and carried unanimously by a vote of 12 to 0. B. Setting Special Meeting for January 12, 1998. Mayor Pro Tem McBryde moved to approve setting the special meeting for January 12, 1998, seconded by Councilmember Kendrick and carried unanimously by a vote of 12 to 0. Councilmember Cheek requested that the Council be given the financial report prior to this meeting. Councilmember Kendrick requested to be excused from the any remaining December meetings and the first regular meeting in January 1998. Mayor Pro Tem McBryde moved to excuse Councilmember Kendrick from the remainder December meetings and the first regular meeting in January, seconded by Councilmember Worthy and carried unanimously by a vote of 12 to 0. C. Request for a closed session to discuss personnel, economic development, and acquisition of property. Mayor Pro Tem McBryde moved to go into closed session to discuss personnel, economic development and acquisition of property, seconded by Councilmember Fogleman and carried unanimously by a vote of 12 to 0. The closed session began at 10:40 p.m. with the regular meeting resuming at 11:53 p.m. Councilmember Massey moved to resume the regular meeting, seconded by Councilmember Smith and carried unanimously by a vote of 12 to 0. Councilmember Cheek moved to approve the contract for compensation of Roger L. Stancil for City Manager in accordance with the contract presented to the Council by Mr. Stancil with a summary of the keypoints being: 1) An annual salary of $115,000; 2) A final compensation package of six months severance pay; and 3) A City-owned and marked vehicle for business use. This is to be effective December 1, 1997. Councilmember Kizer seconded the motion and the motion carried unanimously by a vote of 12 to 0. Councilmember Kendrick moved that with regards to the Airborne Special Operations Museum to authorize the City staff to begin acquisition of property between the area of Hay Street, Walter Street, Hillsborough Street and Bragg Boulevard for the museum project and to also include the northwest corner of Hay Street and Bragg Boulevard and to authorize the City Manager to negotiate an agreement with the Museum Foundation to formalize the relationship between the City and the Museum Foundation for this project and then the agreement would be brought back to the Council for their approval. Councilmember Talbot seconded this motion and the motion carried unanimously by a vote of 12 to 0. Mayor Dawkins suggested continuing the rest of the agenda until the special meeting to be held on December 16, 1997. Councilmember Smith moved to reconvene this meeting at the conclusion of the special meeting being held December 16, 1997, seconded by Councilmember Cheek and carried unanimously by a vote of 12 to 0. Continuation of meeting from December 15, 1997. The meeting reconvened on December 16, 1997, at 9:15 p.m. 17. APPOINTMENTS: A. Nominations are needed to fill seven vacancies on the Appearance Commission. The following nominations were made: Mr. Greg Nace was nominated for the Landscape Category by Councilmember Cheek. Dr. Emma Green, Charles Matthews, Matthew Smith, and Joan Bitterman were nominated for At-Large Category by Councilmember Cheek. Mr. Thomas Davis was nominated by Mayor Pro Tem McBryde. Councilmember Smith, on behalf of the Appearance Commission, nominated Ms. Ellen Jordan, Mr. Charles T. Haigh, III, and Mr. Scott Hughes. Councilmember Worthy nominated Mr. Culous Hayes. Councilmember Talbot nominated Mr. David C. Hill. Councilmember Kizer nominated Mr. Todd Smith. B. Consideration of request from Interim Personnel Director to increase the number of alternates for the Personnel Review Board from one to three. If approved, action is needed to adopt ordinance changing the number of alternates. Councilmember Kendrick moved to approve adding two alternates to the Personnel Review Board, seconded by Mayor Pro Tem McBryde and carried unanimously by a vote of 12 to 0. A lengthy discussion was held regarding the inability of the Personnel Department to have a quorum for a meeting of this Board. Councilmember Cheek moved to reconsider the item, seconded by Councilmember Kendrick and carried unanimously by a vote of 12 to 0. Further discussion was held regarding the number of members to be on this Board. Mayor Pro Tem McBryde moved to make this a six-member Board with a quorum requirement of three members present, seconded by Councilmember Fogleman. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 22-21(e)(3)b.6, DISCIPLINARY PROCEDURES, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. ORDINANCE NO. S1997-024. Mayor Dawkins called for a vote and the motion carried unanimously by a vote of 12 to 0. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1997. C. Nominations needed to fill vacancies for Personnel Review Board. The following nominations were made: 1. Mr. David Adams was nominated for reappointment. 2. Dr. Cureton L. Johnson was nominated by Councilmember Haire. 3. Mr. Marshal Pitts, Sr., was nominated by Councilmember Haire. 4. Dr. Troy Graham was nominated by Councilmember Worthy. 5. Ms. Mary Mack was nominated by Councilmember Worthy. 6. Mr. Clair L. Hudspeth was nominated by Mayor Pro Tem McBryde. D. Nominations needed to fill one vacancy on Redevelopment Commission. Mayor Dawkins stated that there had been a letter from Eva Ruth, Chairman of the Redevelopment Commission, requesting the removal of Inson Brown from the Commission due to lack of attendance. Councilmember Cheek moved to remove Inson Brown from the Commission due to lack of participation, seconded by Councilmember Worthy and carried unanimously by a vote of 12 to 0. The following nominations were made: 1. Mr. John M. Monaghan, Jr., was nominated by Mayor Pro Tem McBryde. 2. Mr. Aaron Johnson was nominated by Councilmember Haire. Mr. David Pugh was nominated and withdrawn by Councilmember Haire. E. Nominations are needed to fill two vacancies on the Fair Housing Board. No nominations were made at this time. INFORMATION ITEMS: 1. Report on National League of Cities Conference from Councilmember Darrell Haire. 2. Report on National League of Cities Conference from City Manager. 3. Report on downtown projects. 4. Report on tax refunds less than $100. Name Year Basis Amount Christian, David Philip 1997 Military Non-Resident $34.70 Turner, Lloyd 1996 Adjusting MH Value 47.06 Pro-Lease Inc. 1997 Taxpayer listed in error 77.29 Noonan, Michael J. Dr. 1997 Taxpayer listed incorrectly 81.44 Total $240.49 5. Copy of HUD Assessment letter. 6. Update of Kinlaw/Ramsey Street and Ridgeway/Ramsey Street traffic signal request. 7. Update on Council question regarding Car/Evidence Storage Room in Police Administration Building. 8. Update on private streets. 9. Response to request from Councilmember Kendrick concerning creek cleaning of Buckhead Creek. 10. Status of Traffic Signal Investigation at Robeson Street and Levy Drive. 11. Redevelopment Commission - minutes of November 12, 1997. 12. Report on request from Fayetteville State University to install a message board on the rear exterior wall of the Seabrook Auditorium. 13. Construction project status report for each of the annexation projects currently under construction from Moorman, Kizer & Reitzel, Inc. 14. Parks and Recreation Advisory Commission - minutes of October 27, 1997. 15. PWC - minutes of October 22, November 12, and November 26, 1997. There being no further business, the meeting was adjourned.