2003 - MEETING MINUTES
CITY OF FAYETTEVILLE
NORTH CAROLINA
REGULAR MEETING
JANUARY 13, 2003
FAYETTEVILLE CITY COUNCIL
REGULAR MEETING
CITY HALL COUNCIL CHAMBER
JANUARY 13, 2003
7:00 P.M.
Present:	Mayor Marshall B. Pitts, Jr.
Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois A. Kirby (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Anne Fogleman (District 9)
Others Present:	Roger L. Stancil, City Manager
			Karen M. McDonald, City Attorney
			Jimmy Teal, Chief Planning Officer
			Lisa Smith, Chief Financial Officer
			Robert Barefoot, Chief Operating Officer for Engineering and Maintenance
			Vera Bell, Chief Operating Officer for Solid Waste
			Frank Simpson, Inspections Director
			Victor Sharpe, Interim Community Development Director
			Steve Blanchard, PWC General Manager
			Jason Brady, Public Information Officer
			Janet C. Jones, City Clerk
			Members of the Press
INVOCATION - PLEDGE OF ALLEGIANCE
	The invocation was offered by Council Member Worthy, followed by Mayor Pitts leading in the Pledge of Allegiance to the American Flag.
ANNOUNCEMENTS
	Mayor Pitts introduced Mrs. Tiffanie Sneed, the new Assistant City Attorney, a graduate of Yale University and the University of North Carolina School of Law.  Mayor Pitts stated Mrs. Sneed would be responsible for code enforcement within the City.
	Mayor Pitts presented Mr. Steve Blanchard, PWC General Manager, on behalf of PWC a Certificate of Appreciation from the City of Gastonia in recognition of the invaluable service provided by PWC to the City of Gastonia during the ice emergency of December 2002.
	Mr. Blanchard thanked his staff and stated they had worked not only in Gastonia but they had also helped in Durham.  He expressed his appreciation to all of his employees who had participated in the ice emergency.
1.	APPROVAL OF AGENDA
	City Attorney Karen McDonald requested to add Item 2.G. to the consent agenda, approval of request for legal representation for Police Officer Jerry Schrecker and Detective Carl Wile in the matter of Orlando Rapheal Clark v. Inv. J. Schrecker, et al.  Mrs. McDonald stated that both officers had been acting within the scope and course of their employment when the alleged violations in the complaint occurred.
	City Manager Roger Stancil requested to remove Item 5, consider request to address Council by Andy Anderson.
MOTION:	Council Member Fogleman moved to approve the agenda with the addition and deletion.
SECOND:	Mayor Pro Tem Kendrick
VOTE:	UNANIMOUS (10-0)
2.	CONSENT:
	Mayor Pitts presented the consent agenda.  Council Member Gonzalez requested to pull Item 2.D.2 for discussion and Council Member Massey requested to pull Item 2.G for discussion.
MOTION:	Council Member Smith moved to approve the consent agenda with the exception of Items 2.D.2 and 2.G.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (10-0)
	The following items were approved:
A.	Approve minutes:
1.	Regular meeting of November 12, 2002.
2.	Special meeting of November 18, 2002 (City Manager Evaluation).
3.	Special joint meeting with PWC held November 19, 2002.
4.	Special joint meeting with PWC held November 25, 2002.
5.	Regular meeting of November 25, 2002.
6.	Regular meeting of December 9, 2002.
7.	Special meeting of December 16, 2002.
B.	Approve the following financial matters:
1.	Tax refunds in excess of $100.00.
	Name	Year	Basis	City Refund
	Laurel Valley Premium	2001	Corrected Assessment	$367.08
	  Water Co., Inc.
	Rosiere, Solange A.	2001	Corrected Assessment	108.12
	Total			$475.20
2.	Reimbursement resolution of the City Council of Fayetteville, NC, declaring the intention of the City of Fayetteville to reimburse itself from capital lease proceeds for certain expenditures made or to be made in connection with the acquisition of annexation and replacement vehicles and other equipment.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, DECLARING THE INTENTION OF SAID CITY TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE TAX-EXEMPT FINANCINGS FOR CERTAIN EXPENDITURES MADE AND TO BE MADE IN CONNECTION WITH THE ACQUISITION OF ANNEXATION AND REPLACEMENT VEHICLES AND OTHER EQUIPMENT.  RESOLUTION NO. R2003-001.
3.	Capital Project Close-out 2003-1 (FY 00/01 Street Resurfacing).
	This project ordinance was for the 2001 street resurfacing and improvements projects.  All contracts have been completed.  This ordinance would close the project and release any unencumbered revenues to be used for future projects.
4.	Capital Project Close-out 2003-2, Phase 2 Annexation (North Bridle Creek, Glenbrook, Hollywood Heights, Glenhaven, Marlboro, Loch Lomond, Mayfair, Montclair I and II, Dunkirk and Drake Park).
	The 1996 Phase II annexation was completed last year.  This ordinance would close the project and release any unencumbered revenues to be used for future projects.
5.	Capital Project Close-out 2003-3, Phase 3-A Annexation (Summerhill, Cottonade, Ponderosa, Horseshoe, Four Seasons and Bonnie Doone).
	The Phase III-A annexation was completed last year.  This ordinance would close the project and release any unencumbered revenues to be used for future projects.
6.	Capital Project Close-out 2003-4, Area 3B Annexation (Gallup Acres, South Hills, and Lafayette Village).
	The Phase III-B annexation was completed last year.  Annexation costs were split between general fund revenues and bond funds.  The project came in under budget, eliminating the need for general funds.  This ordinance would close the project budget only and release the unencumbered revenues to be used for future projects.
7.	Capital Project Close-out 2003-5 (Annual Street Resurfacing and Sidewalk Construction).
	This project ordinance was for the 1999 street resurfacing and improvements projects.  All contracts have been completed.  This ordinance would close the project and release any unencumbered revenues to be used for future projects.
8.	Capital Project Close-out 2003-6 (Hillsboro and Boundary Lane Signal).
	This project ordinance was for the installation of a traffic signal for the new DSS building.  All contracts have been completed.  This ordinance would close the project and release any unencumbered revenues to be used for future projects.
9.	Capital Project Close-out 2003-7 (Ramsey Street and Rosehill Road Intersection Improvements).
	This project ordinance was for intersection improvements.  All contracts have been completed.  This ordinance would close the project and release any unencumbered revenues to be used for future projects.
10.	Capital Project Close-out 2003-8 (FY 99/00 Street Resurfacing and Other Street Improvements).
	This project ordinance was for the 2000 street resurfacing and improvements projects.  All contracts have been completed.  This ordinance would close the project and release any unencumbered revenues to be used for future projects.  After the closure, Legend Avenue would be the only project remaining open.
11.	Capital Project Ordinance Amendment 2003-1 (Fayetteville Urban Area Signal System).
	This amendment was the annual appropriation for the signal system project.  This project was anticipated to be completed within a five-year period.  This would be the appropriation for the project.  The source of funding for this amendment was a General Fund transfer.
12.	Capital Project Ordinance Amendment 2003-2 (Cape Fear River Trail).
	This amendment was for the purchase of land for the Cape Fear River Trail project, which was an ineligible grant expense.  The source of funding for this amendment was a General Fund transfer.
13.	Capital Project Ordinance Amendment 2003-3 (Demolition and rehabilitation of the USO site and the design of the amphitheater).
	This amendment was for funding of the demolition and rehabilitation of the USO site and the design of the amphitheater.  The source of funding for this amendment was a General Fund transfer.
14.	Resolution authorizing representatives of the City for the Series 2002 General Obligation Refunding Bonds.
	RESOLUTION OF CITY OF FAYETTEVILLE.  RESOLUTION NO. R2003-002.
15.	Resolution declaring cost, ordering preparation of preliminary assessment roll, and setting time and place for public hearing on preliminary assessment, Phase IV-A Annexation (Tiffany Pines/Warrenwood).
RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL.  RESOLUTION NO. R2002-003.
16.	Disposal of surplus fire vehicles to volunteer fire departments.
A RESOLUTION AUTHORIZING THE CONVEYANCE OF PERSONAL PROPERTY ITEMS TO BEAVER DAM VOLUNTEER FIRE DEPARTMENT.  RESOLUTION NO. R2003-004.
A RESOLUTION AUTHORIZING THE CONVEYANCE OF PERSONAL PROPERTY ITEMS TO BEAVER DAM VOLUNTEER FIRE DEPARTMENT.  RESOLUTION NO. R2003-005.
C.	Approve the following matters related to City property:
1.	Resolution to advertise intent to close a portion of Lucas and Simmons Streets.
RESOLUTION AND NOTICE OF INTENT TO CLOSE PORTIONS OF LUCAS AND SIMMONS STREETS.  RESOLUTION NO. R2003-006.
2.	Advertisement of offer to purchase City property for upset bids (Lincoln Drive).
3.	Resolution to approve Exchange Agreement for Fire Station #5.
RESOLUTION AUTHORIZING EXCHANGE OF EXISTING FIRE STATION NUMBER 5 FOR NEW FIRE STATION NUMBER 5 TO BE CONSTRUCTED ON PROPERTY LOCATED ON BOONE TRAIL EXTENSION.  RESOLUTION NO. R2003-007.
4.	Resolution of intent to authorize exchange of real property owned by the City located on Rexdale and Fontana Streets.
RESOLUTION OF INTENT TO AUTHORIZE EXCHANGE OF REAL PROPERTY OWNED BY THE CITY LOCATED ON REXDALE STREET AND FONTANA STREET.  RESOLUTION NO. R2003-008.
5.	Plan for acquisition of 325 Rowan Street (for amphitheatre project).
RESOLUTION AUTHORIZING THE CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (PARK AND AMPHITHEATER).  RESOLUTION NO. R2003-009.
D.	Approve the following rezoning matters:
1.	P02-61F.  The rezoning from PND Planned Neighborhood District to R5A Residential District or to a more restrictive zoning classification for property located on the southern side of Glenallen Street.  Containing 1.16 acres more or less and being the property of Furniture Express as evidenced by deed recorded in Deed Book 5593, page 727, Cumberland County Registry.
2.	Pulled for discussion.
E.	Approve special event sign requests:
1.	By Quincy Scarborough for the 28th Annual Craftsmen's Spring Festival.
2.	By Ed and Elizabeth Badgett for The World Long Drive Event.
F.	Approve and adopt ordinance amending Chapter 28, Article IV, Cross Connection Control, Fayetteville City Code. (PWC)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 28, ARTICLE IV, CROSS CONNECTION CONTROL.  ORDINANCE NO. S2003-001.
G.	Pulled for discussion.
D.2.	P02-64F.  The rezoning from R6 Residential District to P4 Neighborhood Professional District or to a more restrictive zoning classification for property located at 2219 and 2221 Bragg Boulevard.  Containing .36 acres more or less and being the property of Carmen Nieves as evidenced by deed recorded in Deed Book 5103, page 244, and 5138, page 731, Cumberland County Registry.
	Council Member Gonzalez pulled this item for discussion.  She expressed her opposition to rezoning this property because it was in a residential area.  Council Member Gonzalez stated she did not want Bragg Boulevard to become like Yadkin Road and she did not understand why this was being done when the Council was trying to beautify the City.
	Council Member Fogleman stated she felt a nursing home would add to the area.
MOTION:	Council Member Fogleman moved to approve the rezoning to P4.
SECOND:	Council Member Worthy
VOTE:	PASSED by a vote of 9 in favor to 1 in opposition (Council Member Gonzalez)
G.	Approval of request for legal representation in the matter of Orlando Raphael Clark v. Inv. J. Schrecker, et al.
	Council Member Massey pulled this item for discussion.  He stated he wanted clarification on who would be representing the employees.
	City Attorney Karen McDonald stated that Ms. Amanda Little, Police Attorney, would be representing the two police officers and if it was determined that outside counsel was needed, she would come back to the Council.
	A discussion was held with Council Members Massey, Keefe, and Worthy stating they felt this should be handled on an in-house basis.
MOTION:	Council Member Massey moved to approve.
SECOND:	Council Member Smith
VOTE:	UNANIMOUS (10-0)
3.	PUBLIC HEARINGS:
A.	P02-63F.  Consider the rezoning from R10 Residential District to C1A Area Commercial District or to a more restrictive zoning classification for property located at 788 and 790 Bunce Road.  Containing .60 acres more or less and being the property of Tula Gaddy and D. H. Godwin as evidenced by deed recorded in Deed Book 5723, page 547, and 2454, page 595, Cumberland County Registry.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  Mr. Teal reviewed the current land use and the 2010 Land Use Plan which recommended low-density residential.  He reported that the Zoning Commission recommended denial of the C1 rezoning request by a vote of 2 to 2 with Mr. Godwin abstaining from the case due to personal conflict.  Mr. Teal stated the Planning staff recommended denial of the C1.  He noted the applicant had stated he would be interested in a P4 zoning if the C1 was denied.
	This is the advertised public hearing set for this date and time.  The public hearing opened at 7:26 p.m.
	Mr. Leamon Bonds, 6538 St. Louis Street, Fayetteville, NC, appeared in favor of the rezoning.  He stated there were currently several businesses on Bunce Road.
	There was no one further to speak and the public hearing closed at 7:28 p.m.
MOTION:	Council Member Worthy moved to approve the P4 rezoning with the requirements as set out in the ordinance.
SECOND:	Council Member Fogleman
	A discussion was held regarding the setback requirements and the fact that anyone can petition a rezoning of property.
	Council Member Gonzalez expressed her objection to the rezoning because she felt there was a need to maintain the integrity of families and neighborhoods.
VOTE:	PASSED by a vote of 8 in favor to 2 in opposition (Council Members Kirby and Gonzalez)
B.	Consider revisions to Article XII, Board of Adjustment, Section 30-361, Appointment, of the Fayetteville City Code regarding requirement that one member of the Board of Adjustment has served on the Zoning Commission.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  Mr. Teal stated this item had been referred to the Planning Commission by the City Council for a recommendation and the Planning Commission recommended revising the ordinance to make the position an at-large position.
	This is the advertised public hearing set for this date and time.  There was no one present to speak and the public hearing opened and closed at 7:39 p.m.
MOTION:	Council Member Gonzalez moved to deny the proposed text amendment.
SECOND:	Council Member Keefe
	A discussion was held regarding the pros and cons of changing the requirement.  Council Member Fogleman stated she would like to make a substitute motion to send this issue to the Policy Committee for review.  Council Member Gonzalez stated she would amend her motion.
AMENDED ORIGINAL MOTION:
Council Member Gonzalez moved to refer this item to the Policy Committee.
SECOND:	Council Member Fogleman
VOTE:	PASSED by a vote of 7 in favor to 3 in opposition (Council Members Worthy, Keefe, and Smith)
C.	Consider a text amendment to Article III, Section 30-65, of the Fayetteville City Code regarding the provision of remodeling and rebuilding nonconforming buildings that cost more than one-third of its reproducible value.
	Mr. Victor Sharpe, Interim Community Development Director, presented this item.  Mr. Sharpe explained the reasoning behind the recommended changes.  He stated the change would allow more extensive repairs but would not allow enlargement of the property being repaired.
	This is the advertised public hearing set for this date and time.  There was no one present to speak and the public hearing opened and closed at 7:55 p.m.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE.  ORDINANCE NO. S2003-002.
MOTION:	Council Member Keefe moved to approve.
SECOND:	Council Member Kirby
VOTE:	UNANIMOUS (10-0)
D.	P02-62F.  Consider an application by Arnetha Rowe for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 30-108(6), to allow a day care in a PND Planned Neighborhood District for property located at 751 Amber Drive.  Containing .36 acres more or less and being the property of Alfred and Arnetha Rowe as evidenced by deed recorded in Deed Book 3164, page 373, Cumberland County Registry.
	Mr. Victor Sharpe, Interim Community Development Director, presented this item.  Mr. Sharpe stated this was a Special Use Permit to allow a day care in a residential single-family neighborhood.  He presented the site plan and stated the Council would have to make findings of fact that the use would fit in with the character of the neighborhood and would not be detrimental to the surrounding neighborhood.  Mr. Sharpe explained that the Planning staff makes no recommendations for approval or denial of a special use permit because decisions must be based on testimony given during the public hearing.
	This is the advertised public hearing set for this date and time.  The public hearing opened at 8:00 p.m.
	Ms. Arnetha Rowe, 751 Amber Drive, Fayetteville, NC, appeared in favor of the Special Use Permit.  Ms. Rowe stated she was trying to get a license for 25 to 30 children and would have a total of three employees.  She asked the Council to approve her request.
	There was no one further to speak and the public hearing closed at 8:03 p.m.
	A discussion was held regarding the traffic pattern and the City ordinance requirement that in an R15 Residential District day care facilities were limited to eight full-time and four part-time residents.
MOTION:	Council Member Gonzalez moved to deny the request.
SECOND:	Council Member Massey
VOTE:	UNANIMOUS (10-0)
E.	Consider permanent closure of Lee Street.
	Mr. Robert Barefoot, Chief Operating Officer for Engineering and Maintenance, presented this item.  He stated no property owners would be deprived of reasonable ingress or egress to their property, notice had been posted and given to each owner abutting the streets to be closed, and the closing had been requested by petition of abutting property owners.  Mr. Barefoot stated the proposed closing had never been open to the public.
	This is the advertised public hearing set for this date and time.  The public hearing opened at 8:14 p.m.
	Mr. Raymond Baker, 121 North Racepath Street, Fayetteville, NC, appeared in favor of the closing.
	There was no one further to speak and the public hearing closed at 8:15 p.m.
RESOLUTION AND ORDER CLOSING LEE STREET.  RESOLUTION NO. R2003-010.
MOTION:	Council Member Fogleman moved to approve.
SECOND:	Council Member Smith
VOTE:	UNANIMOUS (10-0)
F.	Consider permanent closure of a portion of Morgan Lane.
	Mr. Robert Barefoot, Chief Operating Officer for Engineering and Maintenance, presented this item.  Mr. Barefoot stated after having conversations with the property owners on Summit Avenue and the owners at Westmont Oaks, an agreement had been reached prior to this meeting and both parties were in agreement as follows:  (1) the City would take no action to close the portion of Morgan Lane, (2) the City would be able to go in and maintain and take down some trees that were a threat in the area, (3) the City would not disturb any of the improvements that had been made in the right-of-way by the Summit Avenue property owners, and (4) the property owners of Westmont Oaks would be able to construct gates in their fences so they could have access to Morgan Lane for maintenance at a future date.
	Mr. Barefoot stated this went back to the 1984 Council decision to leave Morgan Lane open and to let the property be used by the neighbors on the adjoining sides with no legal closing being done.
	Mayor Pro Tem Kendrick inquired of Mr. Barefoot if what he was recommending was to keep it the way it was and the City would maintain the property to include the trees while the private property owners used public property for private use.
	Mr. Barefoot responded that the City would be taking care of the trees.
	Mayor Pro Tem Kendrick inquired if the City did this in other areas of the City and where were the like properties located.
	Mr. Barefoot stated the City had easements throughout the City with encroachments, but unless there was a public need to go there, the property owners had not been asked to move a fence or bush, but if there were a need, then the property owners had been asked to remove the obstacle at their own expense.
	Mayor Pro Tem Kendrick stated this situation was different because it was a street and not a right-of-way and he did not understand how the City would allow rights-of-way to be used for private purposes in one situation and then not allow that to take place on others and consider that to be fair.  He stated he thought it was going to be interesting in the future to observe how similar situations would be handled by the City.
	Council Member Worthy stated as he understood it, the City would come in and remove all trees on Morgan Lane that were adjacent to the Westmont Oaks privacy fence.  He questioned why would we cut the trees if we were going to do nothing.
	Mr. Barefoot responded that the Westmont Oaks Homeowners Association had taken the position that some of the trees were a threat to the properties on both sides of Morgan Lane and when the City has been put on notice, it usually tries to address the problem and deal with the trees that are a threat.  Mr. Barefoot stated there was no legal requirement to do this.
	Council Member Worthy inquired why the trees were going to be cut down when they could be trimmed.  Mr. Barefoot responded that the large pine trees could not be trimmed to protect the property because they were 60 to 80 feet tall.
	Council Member Worthy stated he had a problem with the City incurring expenses for cutting down these trees and he felt if the City was going to work with the citizens, then the citizens needed to incur the expenses of removing the trees.
	City Attorney Karen McDonald stated the City’s position was that this was a platted street and therefore the trees were in our right-of-way and from a risk management perspective if the street remained open, she believed the City should take action to remove these trees because as Mr. Barefoot had said they did pose a threat in case of some type of severe weather.
	Mayor Pitts stated if liability was the issue, then the City needed to be proactive, but his question was if this was a consistent policy across the City or was this a first-time thing.  Mr. Barefoot stated that in other situations like this when the City had been on notice, the issues had been addressed.
	Mrs. McDonald added when it was on the City’s right-of-way and the street was closed, the property would be divided and would go to each homeowner abutting the street.  It would then be their responsibility to remove the trees, but it was her opinion that from a risk management perspective, even if the City closed the road, the City should consider some type of assistance in removing the trees.
	Council Member Kirby stated the City was trying to accommodate the citizens who had been using the property and she felt like the solution was a good one.
	Council Member Worthy inquired of Mrs. McDonald if from a legal perspective could this be made a one-time effort whereby the City would not have to go back again in 10 or 20 years to cut down trees because they had grown up.  Mr. Worthy stated the City was not responsible for an act of God, but he felt a stipulation was needed because he did not think it was fair to go in and maintain private back yards.
	Mrs. McDonald stated that currently the property was the City’s right-of-way and no decision had been made about closing the street.  She stated the only response she could provide at this time was that the City would continue to evaluate trees that were in its rights-of-way and make decisions about whether to remove or trim these trees based on the risk.
	Council Member Keefe inquired if the City would need access to the property to cut the trees because currently there was fencing on City land.  He stated he did not have a lot of sympathy for anyone who put a fence up on City property and he agreed with Mr. Worthy that the City should not be maintaining private property unless it was for public access.  Council Member Keefe stated the City employees needed to be protected if they should have to go into these areas and maintain the trees.  He also pointed out that each property owner had his own issues and it would be impossible to please everyone.
	Mr. Barefoot stated the City would need to get permission for access to three of the trees and the others could be reached by going down Morgan Lane.
	This is the advertised public hearing set for this date and time.  The public hearing opened at 8:37 p.m.  There was no one present to speak in favor.
	Mr. Mason Hicks, 1415 Summit Avenue, Fayetteville, NC, stated the agreement was entirely different from what it started out to be at 5:00 this afternoon and it had changed since that time.  He stated he represented the property owners on Summit Avenue and had a petition of homeowners who were opposed to the street being closed.
	Mr. Ryan Blackwell, 1413 Summit Avenue, Fayetteville, NC, stated the problem was that part of the lane was accessible and there was no need to close the street and this action would make both sides happy.
	Mr. Wilbur Dees, 201 Litchfield Place, Fayetteville, NC, stated the Westmont Oaks Homeowners Association had requested three years ago for the City to either remove some trees that were creating a danger or to give access to the Homeowners Association to get to the trees through fences that had been built by Summit Avenue owners.  The City denied access to the Homeowners Association.  Mr. Dees stated the Westmont Oaks homeowners were now requesting the right to put a gate in the fence with their own locks so it would be accessible to enter the area and perform any maintenance and in return the City would remove the trees.  He stated they would be willing to go back to their original proposal, which was to have permanent access given to the Homeowners Association to do their maintenance work without creating liability and then they would remove the trees.
	Ms. Jana Berg, 115 East Russell Street, Fayetteville, NC, appeared on behalf of Mr. John Jackson who represented Westmont Oaks Homeowners Association.  Ms. Berg stated the property owners had come up with a solution and they were asking the Council to honor their solution.  She stated she wanted to clarify the homeowners’ position, which had been misstated.  Ms. Berg explained that the Homeowners Association did not want to close Morgan Lane but rather the homeowners on both sides wanted the street to be kept opened.  She further explained that the Westmont Oaks homeowners wanted access to the right-of-way by putting gates into their fences at their own expense and then they could have access onto the 20-foot right-of-way the City owns and they could maintain their own fences.  She stated the Homeowners Association wanted the City to remove the trees within the lane that the homeowners perceive to be a threat.
	Ms. Berg stated that basically it was a three-way agreement whereby the City would maintain the lane and get rid of the threatening trees, that the Westmont Oaks property owners would have access to the back of their fences for maintenance, and the people of Summit Avenue would continue to have the use of their property as they always had.
	Ms. Berg stated the closing of Morgan Lane was detrimental to the homeowners because of expenditures they had made and was detrimental to the public because the City might have to come back at some later time and buy the property back.
	Council Member Gonzalez inquired if all of the fences belonged to the Westmont Oaks owners or were there fences also on Summit Avenue property.  Ms. Berg explained that the gates would be installed on the Westmont Oaks fences.
	Mr. Wilbur Dees stated that was incorrect and the gates would be put in the Summit Avenue property owners’ fence with Westmont Oaks controlling the entrance and maintaining the lock.  Mr. Dees explained this was necessary to maintain the back of their fences.
	Council Member Gonzalez inquired if the owners on Summit Avenue had agreed to having the gate put into their fences or was this a suggestion.  Mr. Dees stated he thought everyone had agreed.  Mr. Barefoot stated that his belief had been that the gates would be in the Westmont Oaks fence, which would give them secured access to Morgan Lane.
	Mr. Dees stated that was not the agreement.
	Mr. John Morgan, 212 Westmont Drive, Fayetteville, NC, appeared in opposition to closing the street.  He stated he had turned a portion of Morgan Lane into a park for everyone to use and he knew he had used public property for the park.  Mr. Morgan stated he had a fence that was on Morgan Lane and he would be willing to incur the cost of breaking up that entire fence and bricking it up so that it would require no maintenance as opposed to making a gate that would come into his back yard.  Mr. Morgan stated good fences made good neighbors.
	Mr. Mason Hicks stated that the opposition had switched sides and this was nobody’s agreement.  Mr. Hicks stated that Westmont Oaks could put a gate in their own fence but Summit Avenue property owners did not want the street closed.
	There was no one further to speak and the public hearing closed at 8:50 p.m.
MOTION:	Council Member Kirby moved to deny closing Morgan Lane.
SECOND:	Mayor Pro Tem Kendrick
	Council Member Gonzalez inquired how this current situation had come up.  Mr. Robert Barefoot stated he had gotten a letter from Westmont Oaks Homeowners Association requesting access to Morgan Lane.
	City Attorney Karen McDonald stated that Westmont Oaks’ position was that they could access only a portion of Morgan Lane except for the end where there was fencing.  She stated they had by letter demanded that the City take action requiring the owners on Summit Avenue, who had encroached on the right-of-way, remove their encroachment so the Homeowners Association could access their fence.
	Mrs. McDonald stated she and Mr. Barefoot met with Mr. Jackson and she further indicated at that meeting that the City would initiate a closing of the street because the City did not need the property and there was no need to continue maintaining the right-of-way.
	Mrs. McDonald also explained that Mr. Jackson had not initiated the process but had agreed the street closing was acceptable to him.  She stated at that meeting it was represented the City would begin that process no later than the end of December, which has been done by advertising a public hearing and now everyone was saying that they were not in favor of closing Morgan Lane.
	Mrs. McDonald stated the issues before the Council were:  (1) if Morgan Lane was left open, there were some trees that needed to be maintained on the right-of-way, and (2) because there was some encroachment on the public right-of-way, the City would have to deal with it.  Feasibly the City might have some liability if some young adult rode an ATV down the street and because of some of these encroachments became injured.  She stated this was the reason the City initiated the closing of the street and this was the public hearing which had been scheduled.
	Council Member Gonzalez inquired if the City decided to pave this street, would the people have to take their encroachments off of the property.  Mrs. McDonald responded in the affirmative but stated it would be highly unlikely the street would be paved.
	Council Member Gonzalez asked Mrs. McDonald as a legal advisor of the City of Fayetteville what was her recommendation.  Mrs. McDonald stated her recommendation was that because of the encroachments in the City’s right-of-way, there was potential liability associated with Morgan Lane remaining a public street.  Mrs. McDonald stated she would prefer not to make a recommendation but instead to let the Council know what their risks were and for the Council to make a decision based on the risk she had articulated to them.
	Mayor Pitts stated the motion on the floor simply stated to deny the closing and did not address encroachments or any other issues.  He inquired of Council Member Kirby if she was satisfied with the motion as it stood.  Council Member Kirby replied in the affirmative.
	Council Member Smith inquired if there was any way the street could be left open and the City’s liability could be done away with.
	City Attorney Karen McDonald stated if the street remained open, the City would need to move forward with the removal of the trees and the City needed to take affirmative steps to remove those encroachments in the right-of-way, and as previously stated there were risks for these encroachments and if there was an accident, the City may be liable.
	Council Member Massey inquired of Mr. Barefoot if the street was left open, had there been certain trees identified as a detriment to the two communities and would there be a cost to remove these trees.  Mr. Barefoot replied in the affirmative.  Council Member Massey pointed out that the cost would come from the overall City taxpayers’ tax base and he stated he did not feel this move would set a good precedent for the City of Fayetteville.
	Mr. Barefoot responded the City Attorney had stated that even if the street were closed, she thought the City should still take action to take those trees down that posed a threat.
	Mayor Pro Tem Kendrick stated his concern was how much of the City’s rights-of-way are maintained at the expense of the taxpayers for the exclusive use of a group of private citizens.  He also stated he wondered if the people involved in other street closings tonight would not have rather have had the City maintain the property and give it to them tax free.  Mayor Pro Tem Kendrick stated he did not feel this should be done at the taxpayers’ expense.
	Council Member Kirby stated this street was really an alley and she did not know the cost to maintaining the property, but she felt the people who had built encroachments had done the City a favor because the City had not had to spend any money maintaining it.  Council Member Kirby requested to amend her motion.
AMENDED MOTION:
Council Member Kirby amended her motion to leave the street open and allow the City to do whatever is deemed necessary to reduce the liability of the City.
	City Attorney Karen McDonald stated in light of Council Member Kirby’s amended motion, she wanted it to be clear that leaving the street open not only entailed whether the trees needed to be removed but also the encroachments that were on the right-of-way.  She stated this was a liability issue and the encroachments were in our right-of-way and that was how we got here to begin with because Westmont Oaks was saying that the City had an obligation to remove the encroachments.
	Mayor Pitts stated that Council Member Kirby’s motion was all-inclusive and included whatever was deemed necessary and that would cover the encroachments as well.
	Mayor Pitts inquired if the second to the motion accepted the amendment.  Mayor Pro Tem Kendrick replied in the affirmative.
	Council Member Keefe inquired if Morgan Lane was a City street.  Mr. Robert Barefoot stated it was a recorded street on a plat but it was not a functioning travel way.
	Council Member Keefe inquired if the street were kept, would the City maintain it as a proper street.  Mr. Barefoot replied no.
	Council Member Keefe inquired if the City maintained the street, then would the encroachments have to be removed.
	Mr. Barefoot stated that none of the property owners wanted it to be a travel way but rather they wanted it to be open and maintained as a street.
	Mayor Pitts restated the motion as follows:  to leave Morgan Lane open with the City to take action to remove any encumbrances or to deal with anything that may expose the City to unnecessary liability in that area.
	Council Member Keefe inquired if this motion failed, would the street be closed.  Mayor Pitts stated he was glad the question had been asked because the street was currently considered open and the Council did not have to do anything or take any action.
	City Attorney Karen McDonald stated that when the motion started out it was to deny closure of the street and the opposite would have been to remain open so the Council would not have had to take action, however, because the motion currently included issues of liability, it would have to be voted upon.
	Mayor Pitts stated the motion was still on the floor because other action was being asked regarding encumbrances.
	Council Member Gonzalez inquired if the property owners would be responsible for moving their encumbrances.
	Mayor Pitts stated the motion stated the City would be responsible for removing the encumbrances that exposed the City to liability.
	Council Member Gonzalez inquired whether other citizens were not required to follow the law, policies and regulations of the City.  Mayor Pitts stated discussion had ended and the only issue allowed to be discussed would be if the motion was unclear.
	Council Member Gonzalez stated the motion was unclear to her as to whether the City was going to take on the expense of removing fences that were put on City property illegally or was the City going to have the attorney go in and make sure the people followed the regulations and took on the expense of moving the fences to where they should be on their property lines.
	City Attorney Karen McDonald stated the City would request that the property owners remove the encumbrances and if they did not remove the encumbrances, then it would be the City’s obligation to remove them the same as they would remove them with other zoning issues and other violations.  She stated the owners would be given the opportunity to remove it themselves and if they did not, then the City would remove the encumbrances that imposed a liability on our right-of-way at the citizen’s expense.
	Council Member Kirby requested to withdraw her motion.
MOTION:	Council Member Keefe moved to send this issue to the Development Committee for further action and recommendations at their next meeting.
SECOND:	Council Member Gonzalez
VOTE:	PASSED by a vote of 9 in favor to 1 in opposition (Mayor Pro Tem Kendrick)
4.	Consider an appeal of the Planning Commission's decision to deny a request for a waiver of the requirements for sidewalks in the Greenbriar Hills, Section 6, Phase 2, by Charles D. Averette.
	Mr. Jimmy Teal, Chief Planning Officer, reviewed the City’s sidewalk ordinance, which requires that sidewalks be built in subdivisions.  Mr. Teal stated that a waiver could be granted if certain requirements were met and based on that provision, Mr. Averette had requested a waiver from the Planning Commission.  The Planning Commission denied Mr. Averette’s request and he was appealing that decision.
	Mr. Teal explained that Mr. Averette felt the steepness of Florida Drive was prohibitive to building sidewalks but the Planning staff was in agreement with the Planning Commission’s decision because in this case the sidewalk and the road would be the same steepness and if there were no sidewalks, people would have to walk on the road.  Mr. Teal explained that Mr. Averette had come before the Planning Commission and had never presented anything in writing to the effect this would be an unsafe situation or was contrary to the requirements.
	Mr. Teal further stated that from a staff perspective they were looking at the fact that the street and sidewalk would become City property and they did not want to do anything that would place the City in jeopardy from a liability standpoint.
	Council Member Fogleman stated the engineer’s letter and the presentation made it clear that if the sidewalks were not there, the citizens would have to walk on the road and this was going to be a starter neighborhood with lots of children and she could not see the children walking on the streets.
MOTION:	Council Member Fogleman moved to deny the waiver.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (10-0)
5.	Consider request to address council by Andy Anderson.
	This item was removed from the agenda by the City Manager.
6.	Consider special meeting for January 21, 2003, to discuss nonprofit agency funding and Capital Improvement Plan.
	City Manager Roger Stancil stated the Council had some tough decisions coming up regarding nonprofits, the capital improvement programs, the criteria to be used for evaluating the City’s programs in light of the upcoming budget decisions and the shifting of water and sewer debt service on a long-term basis from the general fund and how that would affect the ability to raise the capital to finance capital projects.
	Mr. Stancil requested the Council set a special meeting to discuss these issues for January 21, 2003.
MOTION:	Council Member Fogleman moved to approve setting the meeting for January 21, 2003, at 7:00 p.m.
SECOND:	Council Member Smith
VOTE:	UNANIMOUS (10-0)
7.	Consider adoption of a Bond Order authorizing and securing City of Fayetteville, North Carolina, Public Works Commission Variable Rate Revenue Refunding Bonds, Series 2003 (Repeals the Bond Order adopted by City Council on December 9, 2002).
	Ms. Lisa Smith, Chief Financial Officer, presented this item.  Ms. Smith recommended adoption of the Bond Order which had been approved December 9, 2002, to be brought back tonight for revisions based on the final outcome of the financing.  Ms. Smith explained that this Final Bond order (1) reflected the actual pricing of the bonds at $78,280,000.00 with a SWAP rate of 3.42 percent, (2) reflected the use of the debt service reserve fund, (3) ratified a SWAP agreement that was entered into on January 9, 2003, and (4) made some other minor changes as requested by bond counsel to address items from the bond insurer.
MOTION:	Council Member Fogleman moved to approve.
SECOND:	Council Member Kirby
VOTE:	UNANIMOUS (10-0)
8.	Discussion of storm debris pickup.
	Council Member Gonzalez presented this item.  She stated she wanted to discuss this because she had had a lot of conversations with citizens and her concern was for leaf pickup and storm debris pickup.  Ms. Gonzalez stated she felt an effort needed to be put forth to get the job done by possibly using community people to volunteer with Solid Waste to pick up the debris.
	Mayor Pitts asked Council Member Gonzalez to state her recommended course of action for the yard debris issue.  Council Member Gonzalez stated her course of action was to pick it up and if Solid Waste could not pick it up, then get the community involved to pick it up.  Mayor Pitts stated a concept was needed and a motion should be made.
	Council Member Gonzalez inquired of Ms. Vera Bell, Chief Operating Officer for Solid Waste, if there were a problem with how the debris was being put out.
	Ms. Bell stated the problem was not so much the length of the limbs, because the landfill had waived their fee, but rather when the debris was mixed it posed a problem because leaf machines could not get to leaves if limbs were piled on top of the leaves.  Ms. Bell stated the regular leaf season had continued as scheduled with the limb pickup going in the opposite direction.
	Ms. Bell expressed the opinion that the largest problem they were facing with limb pickup was that people had taken this opportunity not only to place damaged limbs from the storm but to cut down trees and other debris and place it at the curbside for pickup.
	Ms. Bell explained that steps were taken daily to update websites, the telephone lines, reports to management and City Council, radio station information and information put out by the Public Information Officer.
	Council Member Gonzalez inquired if there was something the City could do to bring community groups together to help Solid Waste in some way or could Solid Waste handle it.
	Ms. Bell stated she believed in her employees and they could handle it.  She stated she would ask the Council to continue encouraging the County landfill to waive their fees.
9.	Report from the Mayor’s Committee on Electric Restructuring.
	Mayor Pro Tem Kendrick, Chair, presented this item.  He reported that on November 12, 2002, the Committee approved a request for Navigant Consulting, Inc., to provide two alternate proposals.  The first option was assessing the independent authority ownership option only and the second option was assessing both the independent authority and the status quo ownership options.
	On November 19, 2002, Mr. James Rose presented Navigant’s cost alternatives as follows:  (1) status quo - $0.00, (2) independent authority - $76,000.00, and (3) sale to IOU - $22,000.00.
	Mayor Pro Tem Kendrick reported the Committee unanimously voted to accept the Navigant proposal that analyzed the three ownership options for a total cost of $98,000.00 and to forward the request for funding to the Council for action.
	Council Member Keefe stated in this time of financial uncertainty and the fact of the working relationship with the City and PWC right now, he saw no reason to continue with this.
MOTION:	Council Member Keefe moved to deny the Committee’s request for $98,000.00.
SECOND:	Council Member Massey
	A discussion was held regarding the pros and cons of continuing with this project with Council Members Gonzalez, Fogleman, and Kendrick expressing their opposition to the motion and Council Members Worthy and Massey expressing their support.
SUBSTITUTE MOTION:
Council Member Massey moved to refer this back to the City staff and PWC for some plan for funding.
SECOND:	Council Member Fogleman
VOTE:	FAILED by a vote of 4 in favor (Council Members Fogleman, Kendrick, Massey and Pitts) to 6 in opposition (Council Members Smith, Keefe, Haire, Gonzalez, Kirby and Worthy)
ORIGINAL MOTION VOTE:
PASSED by a vote of 7 in favor to 3 in opposition (Council Members Smith, Kendrick, and Fogleman)
10.	Report from Development Committee.
	Council Member Worthy, Chair, presented this item.  He stated the City Attorney had given an overview of the current status of the City’s MWBE Plan.  He stated Mrs. McDonald reported that as a result of the passage of Senate Bill 914, she was currently working on revisions to the Plan and would come back to the Committee by the end of the first quarter of 2003 with a report.
11.	Report from Transportation Committee.
	Council Member Haire, Chair, presented this item by reviewing the minutes to the January 6, 2003, meeting.  He stated the bus service to West Lake Drive was being set aside because there was no money in the budget for the project.
	Council Member Haire reviewed various pedestrian crossing techniques he had observed at the National League of Cities meeting in Salt Lake City to include flags which were carried by the pedestrian and countdown heads that gave the time remaining before the light changed to green.
	Mr. Haire reported that the staff was looking at the free-ride zone along with other items and would report back to the Committee.
12.	Consider items for referral to the City-County Liaison Committee (Meeting to be held January 23, 2003).  (Referred on November 25, 2002:  Consider organizing a Joint Appearance Commission with Cumberland County.)  (Already referred: Recommendation for composition of Joint Appearance Commission.)
	Council Member Massey requested to refer better ways to coordinate the City and County Inspections Department.  Mayor Pitts requested to refer sanitary sewer needs of urban residents outside the City.
	Council Member Smith stated she felt the Parks and Recreation merger issue should be dealt with before sending the Inspections Department issue.  Council Member Massey stated he was willing to postpone sending the item.
13.	APPOINTMENTS:
A.	Fayetteville Redevelopment Commission - 1 appointment needed
	Mr. Lester L. McGuire was reappointed to a second term.
B.	Personnel Review Board:  2 At-large and 1 Supervisor/Manager appointments needed
	Mr. Tony Wiedenheft was reappointed to a second term to the supervisor/manager position.  Mr. Roosevelt B. Chilsom was reappointed to the at-large position.  Mr. Peter A. Paoni was appointed to a first at-large term.
C.	Fireman’s Relief Fund – 1 appointment needed
	Mr. Duke J. Piner (Pete) was appointed.
D.	Public Arts Commission – 1 Museum of Arts member and 2 Arts Council members vacancies
14.	ADMINISTRATIVE REPORTS
A.	City vacancy report for the period October 14 through December 29, 2002.
INFORMATION ITEMS:
1.	Statement of taxes collected for the month of November 2002 from the Cumberland County Tax Administrator.
2002 Taxes	$2,328,951.11
2002 Vehicle Taxes	234,910.13
2002 Revit	216.85
2002 Vehicle Revit	206.75
2002 FVT	26,525.00
2002 Storm Water	141,029.01
2001 Taxes	43,239.38
2001 Vehicle Taxes	36,139.46
2001 Revit	0.14
2001 Vehicle Revit	1.87
2001 FVT	4,794.53
2001 Storm Water	3,096.68
2000 Taxes	8,632.43
2000 Vehicle Taxes	1,189.89
2000 Revit	0.00
2000 Vehicle Revit	0.00
2000 FVT	229.34
2000 Storm Water	598.32
1999 Taxes	1,193.11
1999 Vehicle Taxes	685.99
1999 Revit	0.00
1999 Vehicle Revit	0.00
1999 FVT	141.68
1999 Storm Water	89.79
1998 and Prior Taxes	1,159.76
1998 and Prior Vehicle Taxes	965.42
1998 and Prior Revit	0.00
1998 and Prior Vehicle Revit	0.00
1998 and Prior FVT	292.11
1998 and Prior Storm Water	139.68
Interest	13,071.79
Interest (Revit)	2.41
Interest (Storm Water)	498.30
Fayetteville Discount (Current)	0.00
Fayetteville Discount (Revit)	0.00
Total Collections	$2,853,000.93
2.	Report of tax refunds less than $100.00.
	Name	Year	Basis	City Refund
	Jenkins, Thaddeus	2000	Corrected Assessment	$28.85
	Total			$28.85
3.	Police Department– Monthly report from the Office of Professional Standards for the month of November 2002.
4.	Information on General Aviation Terminal Renovations Project.
5.	Fayetteville Redevelopment Commission – minutes of November 13, 2002.
6.	ASOM – minutes of November 21, 2002.
7.	FAEDC – minutes of October 15, 2002.
8.	Chamber of Commerce Board of Directors – minutes of November 11, 2002.
9.	Planning Department – monthly report for November 2002.
10.	Letter requesting representative from Cumberland County to serve on the Public Utilities Committee.
11.	Letters of appreciation expressing gratitude to PWC staff for their support and assistance in the aftermath of the recent ice storm.
12.	PWC – Strategic Business Decisions Report – December 2002.
13.	Status report of ongoing annexation projects.
14.	Information on Blount Street Project.
MOTION:	Mayor Pro Tem Kendrick moved to adjourn the meeting.
SECOND:	Council Member Smith
VOTE:	UNANIMOUS (10-0)
The meeting adjourned at 10:55 p.m.
SPECIAL MEETING
JANUARY 21, 2003
FAYETTEVILLE CITY COUNCIL
SPECIAL MEETING
LAFAYETTE ROOM, CITY HALL
JANUARY 21, 2003
7:00 P.M.
Present:	Mayor Marshall B. Pitts, Jr.
Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois A. Kirby (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Anne Fogleman (District 9)
Others Present:	Roger L. Stancil, City Manager
			Karen M. McDonald, City Attorney
			Lisa Smith, Chief Financial Officer
			James Hall, Fire Chief
			Steve Blanchard, PWC General Manager
			Mick Noland, PWC Chief Operations Officer of Water Resources
			Jason Brady, Public Information Officer
			Janet C. Jones, City Clerk
			Members of the Press
	Mayor Pitts called the meeting to order at 7:05 p.m.
1.	Approval of Agenda
MOTION:	Council Member Fogleman moved to approve the agenda.
SECOND:	Council Member Haire
VOTE:	UNANIMOUS (10-0)
2.	Consider motion to authorize the Director of Finance to approve the correction of scrivener’s errors in the Bond Order adopted January 13, 2003, authorizing City of Fayetteville Public Works Commission Variable Rate Revenue Refunding Bonds, Series 2003, to change the Reserve Fund Requirement for the Series 2003 Bonds [as shown in Exhibit A] and to authorize and direct the City Clerk to certify as true and correct copies of such Bond Order adopted on January 13, 2003, as so corrected.
MOTION:	Council Member Fogleman moved to approve.
SECOND:	Council Member Haire
VOTE:	UNANIMOUS (10-0)
3.	Discussion of the following:
A.	Nonprofit organization funding.
	City Manager Roger Stancil presented this item by reviewing the procedure where the Council’s criteria of safety, transportation, community pride and youth intervention were used as the determinates of nonprofit funding.  He noted the staff had reviewed and summarized the applications and he had personally read the applications to determine which priority the applicant was trying to meet.
	Mr. Stancil stated the issues were whether the Council wished to fund any or none of the applications and what basis or process did they want to use to do that.
MOTION:	Council Member Fogleman moved to not fund the nonprofits at this time.
SECOND:	Council Member Worthy
	A discussion was held regarding senior citizen transportation for medical services, lost City revenue, the quality of life issue, the need to review each nonprofit organization individually, and the implementation by Council of the one day a week of free transportation for the elderly and handicapped which had an annual unbudgeted cost of $80,000.00 annually.
	Mr. Stancil reported that he and the staff had focused on looking at what was currently being done within the City’s operations and how to deal with the financial challenges that were ahead for the City next year.
	Mr. Stancil reminded the Council that the State’s economy was not getting better and the City’s revenues were threatened because the sales tax revenue was down in 2002 by about $800,000.00 and there was a possibility of a loss of $3.8 million which amounted to 6 percent of the City’s budget if the sales tax formula was changed by the County.
	A discussion was held regarding who was responsible for the provision of health and human services and quality of life programs.
SUBSTITUTE MOTION:
Council Member Gonzalez moved to go through each one of the nonprofits and discuss them and make choices as to the funding.
SECOND:	Council Member Kirby
	A discussion was held regarding the allocation of $114,000.00 as opposed to the requested amount of approximately $215,000.00, and the fact that City residents pay both City and County shares of the nonprofit funding.
SUBSTITUTE MOTION VOTE:
FAILED by a vote of 4 in favor (Council Members Smith, Gonzalez, Kirby and Pitts) to 6 in opposition
ORIGINAL MOTION VOTE:
FAILED by a vote of 5 in favor (Council Members Fogleman, Haire, Worthy, Kendrick and Keefe) to 5 in opposition (Council Members Massey, Pitts, Gonzalez, Kirby, Smith and Massey)
MOTION:	Council Member Massey moved to not fund any of the agencies.
	Mayor Pitts stated a motion was needed to reconsider the vote before a motion could be made.
MOTION:	Council Member Massey moved to reconsider the vote on the original motion to deny funding.
SECOND:	Council Member Fogleman
VOTE:	PASSED by a vote of 8 in favor to 2 in opposition (Council Members Kirby and Gonzalez)
MOTION:	Council Member Fogleman moved to deny all funding of nonprofit agencies.
SECOND:	Council Member Worthy
	Further discussion was held regarding the pros and cons of funding the nonprofits, balancing the City’s budget, and doing a review of each agency on a one-by-one basis.
VOTE:	PASSED by a vote of 6 in favor (Council Members Fogleman, Haire, Massey, Worthy, Kendrick and Keefe) to 4 in opposition (Council Members Smith, Kirby, Gonzalez and Pitts)
B.	CIP Program.
	Mr. Stancil passed out a breakdown of the project/summary of the proposed $32.8 million bond project.  He stated Mr. Robert Barefoot, Chief Operating Officer for Engineering and Maintenance, and Mr. James Hall, Fire Chief, were present to answer any questions.
MOTION:	Council Member Worthy moved to table the CIP Program for one year due to the economic situation in the City.
SECOND:	Mayor Pro Tem Kendrick
	Council Member Worthy stated he realized the projects were needed, but he felt the critical shortage of funding was not being analyzed, and putting it off one year was not asking too much.
	Council Member Keefe inquired what long-term ramifications would be realized in regards to annexation and commitments that have been made.
	Mr. Stancil stated all of the projects were important, but the only way to do this would be to borrow the money over a period of time and that would require approval by the voters.  He also stated timing was important for a bond referendum.
	Mr. Stancil pointed out that the 1984 bond referendum of $28,000,000.00 was gone and there were no dollars to do these projects.
	A discussion was held regarding the possible destruction of the infrastructure of the City, the possibility of deleting some of the proposed projects, the question whether the City was in the position with falling revenues to be able to repay the money, and the time schedule of the referendum.
	Mr. Stancil reported that the staff had no proposal on how to pay the money back because the way it was going to be paid was no longer available.
	Council Member Gonzalez inquired how the Bonnie Doone recreation project had become first before the Westover Area.  Mayor Pitts stated this was discussing the contents of the programs and that should be done at another time.
	Mr. Stancil stated he was looking for a process to determine CIP needs for the future and was asking the Council to determine their priorities by reviewing the proposed projects and making any changes they preferred.
	Council Member Worthy withdrew his motion.
MOTION:	Mayor Pro Tem Kendrick moved to accept the report and to start the process to put together a bond referendum program with citizen input being included.
SECOND:	Council Member Haire
	Council member Fogleman requested that a time frame be added to the motion.
	A discussion ensued regarding the time frame options.  It was decided it would take until November to prepare the bond package and then the constituents in each district would be consulted as to their preferences.
AMENDMENT TO MOTION:
Mayor Pro Tem Kendrick amended his motion to reflect a referendum date of May 2004 when the County election was held.
VOTE:	PASSED by a vote of 9 in favor to 1 in opposition (Mayor Pitts)
	Council Member Gonzalez inquired if there would be additional meetings to discuss the issues.  Mr. Stancil stated he would do whatever they wanted to do.
	Council Member Fogleman inquired about the Bonnie Doone Project.
	Mr. Barefoot stated the chief officers developed the process, which had begun with an undetermined list that had been evaluated and had resulted in recommendations being made.  He presented a map with the recreation service areas set out with a mile and a half radius indicated around the fully staffed centers.  He stated that when you look at this map from a service standpoint it was clear that there was a large gap in the Bonnie Doone area that had no services.  He noted that information from the Police Department was also included in the decision.
	Council Member Worthy stated he would go against this referendum if Westover did not get a recreation center.
	Mayor Pro Tem Kendrick stated it would be the citizens who would make the decision and there was no need to debate the issue at this time.
C.	Criteria for evaluating City programs.
	Mr. Stancil distributed the Core Businesses and Program Priorities, which had been done with Mr. Lyle Sumak.
	Mr. Stancil stated the priorities had been determined and he was asking the Council to look at it and decide what was important to them and determine if it was consistent with the Council’s goals.  He asked the Council to approve the document so the staff could proceed with their recommendations at the Council retreat.
MOTION:	Council Member Kirby moved to approve the Core Businesses and Program Priorities.
SECOND:	Council Member Haire
VOTE:	UNANIMOUS (10-0)
4.	Closed session for litigation.
	City Attorney Karen McDonald requested the Council go into closed session to discuss litigation in the matter of Texfi Industries, Inc., bankruptcy case.
MOTION:	Council Member Kirby moved that the Council go into closed session to discuss litigation in the matter of Texfi Industries, Inc.
SECOND:	Council Member Haire
VOTE:	UNANIMOUS (10-0)
	The closed session began at 9:15 p.m.
	The regular session resumed at 9:35 p.m.
MOTION:	Council Member Smith moved to adjourn the meeting.
SECOND:	Council Member Haire
VOTE:	UNANIMOUS (10-0)
	The meeting adjourned at 9:36 p.m.
REGULAR MEETING
JANUARY 27, 2003
FAYETTEVILLE CITY COUNCIL
REGULAR MEETING
CITY HALL COUNCIL CHAMBER
JANUARY 27, 2003
7:00 P.M.
Present:	Mayor Marshall B. Pitts, Jr.
Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois A. Kirby (District 5); Mark C. Kendrick (District 6); Juanita Gonzalez (District 8); Anne Fogleman (District 9)
Absent:	Curtis Worthy (District 7)
Others Present:	Roger L. Stancil, City Manager
			Karen M. McDonald, City Attorney
			Tiffanie Sneed, Assistant City Attorney
			Jimmy Teal, Chief Planning Officer
			Lisa Smith, Chief Financial Officer
			Robert Barefoot, Chief Operating Officer for Engineering and Maintenance
			Victor Sharpe, Interim Community Development Director
			Tom McNeill, Director of Special Projects, PWC
			Mick Noland, Chief Operations Officer of Water Resources, PWC
			Jason Brady, Public Information Officer
			Janet C. Jones, City Clerk
			Members of the Press
	Mayor Pitts introduced Cub Scout Pack 747, Den 4, and their Den Leader, Bill Dudley.  Mayor Pitts stated the scouts were working on their Citizenship Badge.
	Mayor Pitts introduced Boy Scout Troop 776 and their Leader, Major Curt Beck.  He stated the troops were working on their Citizenship and the Community Merit Badge.
INVOCATION - PLEDGE OF ALLEGIANCE
	The invocation was offered by Mayor Pro Tem Kendrick, followed by the Pledge of Allegiance to the American Flag led by Cub Scout Pack 747 and Boy Scout Troop 776.
1.	APPROVAL OF AGENDA
MOTION:	Council Member Smith moved to approve the agenda.
SECOND:	Council Member Fogleman
VOTE:	UNANIMOUS (9-0)
2.	PUBLIC FORUM:
	Mr. William Logan, 6548 Ryefield Drive, Fayetteville, NC, requested that stop signs be placed in the Remington Subdivision.  Mr. Logan stated this was the community’s second request and he would like to see some action taken.
	Mr. Hyman Fleishman, 101 Person Street, Fayetteville, NC, addressed the Council regarding downtown parking.  He requested the two-hour parking limit be restored for the downtown shoppers and the parking limit be enforced by the City.  Mr. Fleishman stated that he was opposed to the free parking stickers that were being given to the residents because there was no parking spaces for the customer shopping downtown.  Mr. Fleishman presented a petition from businesses on Hay and Person Streets supporting his request.
	Mr. Jose Cardona, 7018 Kittridge Drive, Fayetteville, NC, addressed the Council and expressed his concerns about the state of the economy, the nonprofits, and the MGP site on Ray Avenue.
	Mr. Amir Eronomy Muhammed, 2700 Murchison Road, Fayetteville, NC, expressed his concerns regarding the progress of growth and development in Fayetteville.
3.	CONSENT:
	Mayor Pitts presented the consent agenda and inquired if any items should be removed before calling for action.  Council Member Gonzalez requested to pull Item 3.C. for discussion.
MOTION:	Council Member Fogleman moved to approve the consent agenda with the exception of Item 3.C.
SECOND:	Council Member Kirby
VOTE:	UNANIMOUS (9-0)
	The following items were approved:
A.	Adopt resolutions declaring cost, ordering preparation of preliminary paving assessment rolls, and setting time and place for public hearing on February 10 on the following Streets:
1.	Jones Street
RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR JONES STREET (FROM RAMSEY STREET EASTWARD TO NORTH STREET AS RECORDED IN PLAT BOOK 7, PAGE 94, CUMBERLAND COUNTY REGISTRY).  RESOLUTION NO. R2003-011.
2.	Progress Street
RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR PROGRESS STREET (FROM JUMALON STREET TO WEST JENKINS STREET).  RESOLUTION NO. R2003-012.
3.	Jumalon Street
RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR JUMALON STREET (FROM PROGRESS STREET TO WEST JENKINS STREET).  RESOLUTION NO. R2003-013.
4.	West Jenkins Street
RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR WEST JENKINS STREET (FROM SOUTHERN AVENUE TO DALLAS STREET).  RESOLUTION NO. R2003-014.
5.	Eugene Street
RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR EUGENE STREET (FROM SOUTHERN AVENUE TO CAMDEN ROAD).  RESOLUTION NO. R2003-015.
6.	Teague Street
RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR TEAGUE STREET (FROM DALLAS STREET TO PROGRESS STREET).  RESOLUTION NO. R2003-016.
7.	Garvin Street
RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR GARVIN STREET (FROM SOUTHERN AVENUE TO POWELL STREET).  RESOLUTION NO. R2003-017.
8.	Hall Street
RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR HALL STREET (FROM CAMPBELL AVENUE TO BUTLER STREET AS RECORDED IN PLAT BOOK F6, PAGE 271, CUMBERLAND COUNTY REGISTRY).  RESOLUTION NO. R2003-018.
9.	MacDougald Road
RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR MACDOUGALD ROAD (FROM PENNSYLVANIA AVENUE TO UNIVERSITY AVENUE).  RESOLUTION NO. R2003-019.
10.	Diana Street
RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR DIANA STREET (FROM PROGRESS STREET TO DALLAS STREET).  RESOLUTION NO. R2003-020.
11.	Butler Street
RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR BUTLER STREET (FROM COOL SPRING STREET TO DICK STREET).  RESOLUTION NO. R2003-021.
B.	Authorize exchange of property with John Wesley United Methodist Church.
C.	Pulled for discussion.
D.	Approve transfer of interest by the Wachovia Affordable Housing Community Development Corporation for the Rosehill West Apartment Complex.
E.	Approve request for legal representation in the case of Robert Gene Bailey v. Detective D. M. Sessoms, et al., 03 CVS 00028.
	City Attorney Karen McDonald requested that Council authorize legal representation for Detective D. M. Sessoms because he was operating within the scope and course of his employment as a Police Officer at the time the alleged incident occurred.
C.	Approve the following financial matters:
1.	Capital Project Ordinance 2003-4 (Local Match for future Airport improvements).
2.	Request for Aid to the North Carolina Department of Transportation - Division of Aviation.
	Council Member Gonzalez pulled this item for discussion.  She inquired what the $300,000.00 was going to be spent on.
	Ms. Lisa Smith, Chief Financial Officer, explained to the Council that the North Carolina Department of Transportation Division of Aviation had notified the City that it had included $300,000.00 for the Fayetteville Regional Airport in its Fiscal Year 2003 State Aid to Airports Program and in order to initiate the grant process, the City must appropriate its local match of $300,000.00 and prepare a request for aid application.  Mr. Smith stated the funding source for the local match was Airport operating funds and if the funds were not appropriated locally the state would not give the City their funds.
	City Manager Roger Stancil explained that for Capital Improvement Projects at the Airport, the Federal government funded 90 percent with the State funding 5 percent ($300,000.00) and the City funding 5 percent ($300,000.00).
	A discussion was held regarding whether to set aside the funds, last year’s expenditures, and whether funds should be continued for improvements at the Airport when flights had deceased.
	City Manager Roger Stancil stated this appropriation was made every year and he again reminded the Council of the funding from both the State and Federal government.
MOTION:	Council Member Fogleman moved to approve.
SECOND:	Council Member Kirby
VOTE:	UNANIMOUS (9-0)
4.	PUBLIC HEARINGS:
A.	Consider resolution declaring cost and ordering preparation of preliminary assessment roll for the extension of a sanitary sewer collection system, and in some areas a water distribution system, in Phase IV-A Annexation (Tiffany Pines, Warrenwood, Rollingwood, Pleasant Acres, Rosewood Terrace, Pine Ridge, Pine Crest, Oates, and adjoining development).
	Mr. Tom McNeill, Director of Special Projects, PWC, presented this item noting that utility installations for Phase IV-A had been completed.  Mr. McNeill stated the Phase IV-A Annexation project resulted in over 41,949 feet of sanitary sewer main having been installed at a cost to date of $6,062,968.00.  This amount did not include an additional $1,334,838.00 in water system improvements.  Although the average cost per linear foot for sanitary sewer was $131.00, PWC’s recommendation to Council as set forth in the Preliminary Assessment Roll is based on a unit price of $32.78 per front foot with a 90-foot minimum and the appropriate lateral charge.  For all typical single-family residential lots, the assessment was proposed on a per lot basis of $3,500.00.  This amount included both the main and lateral charge with the balance of the utility improvement project cost being shared between the City and PWC.  In addition, PWC had also agreed to waive the facility investment fee of $670.00 for those property owners being assessed that apply for service prior to April 15, 2003.
	A discussion was held regarding the lack of any major drainage issues or improvements in the area, the status of the paving and yard repair, and the financial assistance available to qualified residents.
	This is the advertised public hearing set for this date and time.  The public hearing opened at 8:05 p.m.
	Mr. Ronnie Taylor, 627 Kellam Circle, Fayetteville, NC, appeared at the public hearing.  Mr. Taylor stated he had a unique problem in that he could not hook up to the sewer because he was so far back from the street.  He inquired if he could not hook up, would there be a lien against his property.
	Mr. Tom McNeill, Director of Special Projects, PWC, explained the question was whether you could get into it by gravity.  If it could be assessed by gravity, there would be a lien, but if his property could not be served, there would no lien.  Mr. McNeill stated he would investigate the situation and be back in touch with Mr. Taylor.
	There was no one further to speak and the public hearing closed at 8:10 p.m.
5.	Consider Glensford Study Area Plan.
	Mr. Brian Irving, Chair of the Planning Commission, presented the following Glensford Study Area Proposal:
GLENSFORD STUDY AREA PROPOSAL
1.	Land Use Plan Map
A.	Change the 2010 Land Use Plan indicating residential, heavy commercial or industrial use abutting Glensford Drive and westward to Skibo Road to light commercial use.
B.	Change the 2010 Land Use Plan indicating high density residential use for the Newcastle neighborhood to low-density residential use.
C.	Change the 2010 Land Use Plan indicating high-density residential use for the parcel on Cliffdale Road in front of the Newcastle neighborhood to professional use.
D.	Change the 2010 Land Use Plan indicating industrial use for the New Sanford Milling Company property to light commercial use.
E.	Change the 2010 Land Use Plan indicating medium-density residential use for the Leisure Living Mobile Home Park to light commercial use.
F.	Change the 2010 Land Use Plan indicating heavy commercial use for a small tract South of Cliffdale Road and abutting Skibo Road to light commercial.
G.	Change the 2010 Land Use Plan indicating low-density residential for Manna Church, Berean Baptist Church, and Montclair School to institutional use.
2.	Increased Buffer Requirements
A.	Future developments greater than one acre and zoned nonresidential shall adhere to the following requirements for areas that abut residentially zoned property:
(1)	All exterior lighting shall focus internally within the property thereby decreasing the light pollution onto the neighboring property.
(2)	A 30 foot wide buffer area from the property line with no impervious area and a landscaping plan to include as a minimum one small shade tree for every 3,000 square feet within the buffer area.
(3)	A six foot solid fence on the property line.
(4)	Prohibition of any parking, drive, or necessary use within the buffer area.
B.	Future multi-family developments with six or more units shall adhere to the following requirements for areas that abut single-family housing:
(1)	A buffer area that is from the property line equal to the height of the building development with no impervious area and a landscaping plan to include one small shade tree for every 3,000 square feet within the buffer area.
(2)	A six-foot solid fence on the property line.
(3)	Prohibition of any parking, drive, or accessory use within the buffer area.
3.	Rezoning of Properties Within the Newcastle Neighborhood from R5 Residential Zoning to R10 Residential Zoning
A.	Currently, all lots are zoned R5 residential with the exception of one lot zoned R15 residential.
B.	City Council initiate a rezoning to R10 Residential District for all lots within the Newcastle Neighborhood with the exception of the existing R15 lot.
4.	Rezoning of the Two Tracts Surrounding the Newcastle Neighborhood
A.	City Council initiates a rezoning from R5 to C1P for the Glensford tract abutting the Newcastle Neighborhood.
B.	City Council initiates a rezoning form R5 to P2 for the Cliffdale tract abutting the Newcastle Neighborhood.
5.	Traffic Improvements
A.	Realign Castle Rising Road (Entrance into Newcastle Neighborhood) with Tradewinds Drive (Entrance into Windtree Subdivision) in order to have a four-way signalized intersection.
(1)	Accomplish this action through negotiations between the City and the owners of the property, Mr. Riddle and Blue Ridge Development Corporation, to realign the street with the traffic signal.
(2)	If negotiations fail and traffic worsens, the City uses other methods in order to realign the road.
B.	Entrance into the Three Colonies Neighborhood.
(1)	Request DOT consider a traffic signal for the Three Colonies entrance when Castle Rising Road is realigned with Tradewinds Drive.  Similar traffic operation and configuration as the Ramsey Street/Kinwood Drive/Ridgeway Drive traffic signal set-up.
(2)	If a traffic signal is not warranted for the Three Colonies entrance, request DOT synchronize the traffic signal at Cliffdale Road and Glensford Drive with the traffic signal at Cliffdale Road and Tradewinds in order to allow breaks in traffic to help vehicles leaving the Three Colonies Neighborhood.
6.	Parcels Within the Study Area, but Outside the City Limits
A.	The City and the owners of those parcels within the study area have agreed that when they are scheduled for development the owners will petition for annexation and develop the property after it is annexed.  This agreement forgoes the need for City-initiated annexation.
B.	If a revised 2010 Land Use Plan for the area is adopted by City Council, then the City requests the County to change the land use plan for the areas outside the City limits consistent with the study.
7.	Concerns Beyond the Scope of this Study
A.	The amount of heavy commercial area designated in the current 2010 Land Use Plan.
B.	The flooding problems for the properties within the Windtree Neighborhood that abut Buckhead Creek.
C.	Traffic flow onto the All-American Freeway from Cliffdale Road to Morganton Road.
	Mr. Irving explained that the Planning Commission was not developing the ordinance but was recommending the Council adopt the concept and take the following actions:
PLANNING COMMISSION’S RECOMMENDED ACTIONS
FOR CONSIDERATION BY CITY COUNCIL
1.	Adopt amended 2010 Land Use Plan for the study area as recommended in Proposal 1.
2.	Request the Planning Commission to develop buffer ordinances following the guidelines as recommended in Proposal 2.
3.	Initiate a rezoning of all properties within the Newcastle Neighborhood from R5 residential to R10 residential with the exception of the lot that is now zoned R15 residential as recommended in Proposal 3.
4.	City Council at a date after completion of the proposed buffer ordinance shall initiate a rezoning of the Glensford tract from R5 residential to C1P commercial and the Cliffdale tract from R5 residential to P2 professional as recommended in Proposal 4.
5.	Request the City Manager to initiate discussion between City staff, DOT staff, and affected property owners on realignment of Castle Rising Road and traffic improvements for the Three Colonies Neighborhood as recommended in Proposal 5.
6.	Request the Planning Commission to work with the County Planning Board to change the 2010 Land Use Plan as proposed in the study that is outside the City limits of Fayetteville as recommended in Proposal 6.
7.	Request the Planning Commission to begin examining the 2010 Land Use Plan for areas that may be more suited for light commercial use rather than heavy commercial use as recommended in Proposal 7.
8.	Request the City Manager to develop a proposal on the development of a comprehensive drainage ordinance that lessens the impact of storm water runoff from new development as recommended in Proposal 7.
9.	Request the TCC to follow-up on the recommendations of the feasibility study for the All-America Freeway undertaken by DOT two years ago with special emphasis to the area between Cliffdale Road and Morganton Road as recommended in Proposal 7.
MOTION:	Council Member Fogleman moved to approve the plan.
SECOND:	Council Member Gonzalez
	A discussion was held about the zoning changes being permanent, the coming together of the communities, and the process required to change the 2010 Land Use Plan.
VOTE:	UNANIMOUS (9-0)
6.	Consider Annual Street Resurfacing List.
	Mr. Robert Barefoot, Chief Operating Officer for Engineering and Maintenance, presented the annual recommendation for resurfacing City streets and reviewed the rating system used to compile the list.  He noted that all streets are reviewed each year prior to the recommendation and the current resurfacing cycle is approximately every 20 years.
	Mr. Barefoot stated he felt it was important that everyone know that the Powell Bill funds used to resurface streets had been significantly reduced over the past three years and the State had reduced the revenues by over $540,000.00.
	Mr. Barefoot stated the recommendation this year was a little different than in the past years and that he was suggesting that micro-resurfacing be used and this would allow more streets to be done by the neighborhood and would extend the life of the streets five to seven years.  Mr. Barefoot explained this procedure could only be done on streets rated fair to average and could not be used on streets rated poor (3.5 or below).
	Mr. Barefoot explained that to continue to resurface all streets with a traditional full-depth resurfacing would achieve 12.24 miles or about 66 streets as opposed to using full-depth resurfacing for 10.69 miles or 60 streets plus micro-resurface for 8.77 miles or 41 streets/two full neighbors and therefore the staff was recommending the later choice.
MOTION:	Council Member Fogleman moved to approve the combination of full-depth resurfacing of 10.69 miles and micro-resurfacing of 8.77 miles.
SECOND:	Council Member Massey
	A discussion was held regarding the micro-resurfacing process, the continuation of the paving of the soiled streets, the estimated cost savings of from $750,000.00 to $300,000.00 for the additional 41 streets which would be micro-resurfaced, and the reduction of the deterioration of the streets.
VOTE:	UNANIMOUS (9-0)
7.	Presentation of Early Action Air Quality Compact.
	Ms. Maurizia Chapman, Transportation Planner with the Fayetteville Area Metropolitan Planning Organization, presented this item.  She explained that it had been determined that our community did not meet the air quality standards of the Clean Air Act which could have a devastating effect on our quality of life and our potential for economic development as well as resulting in a loss of $136 million in federal highway moneys to Cumberland County.
	Ms. Chapman reviewed the specific non-attainment information relating to Cumberland County.  She advised the Council that on June 19, 2002, EPA Region 6 had endorsed Texas’ protocol for an Early Action Compact to provide early reduction compacts and participating in the EAC would defer non-attainment designation to April 2008 unless specified EAC milestones were not met.
	Ms. Chapman stated the County Commissioners had approved this compact and were asking the Council and other governing bodies in the County to participate in making the tough decisions to avoid non-attainment status.
	Mr. Stancil recommended the following actions be taken by the Council:
1.	Approve the compact.
2.	Appoint the chair of the Environment and Conservation Committee for three years to serve as the Council’s representative on the steering committee for this project to keep the Council informed of the tough decisions ahead.
3.	Request the steering committee provide an action update to each meeting of the City-County Liaison Committee for action recommendations to the respective elected bodies.
RESOLUTION PASSED BY THE FAYETTEVILLE CITY COUNCIL, FAYETTEVILLE, NORTH CAROLINA.  RESOLUTION NO. R2003-022.
MOTION:	Mayor Pro Tem Kendrick moved to follow the recommendations of the City Manager.
SECOND:	Council Member Smith
VOTE:	UNANIMOUS (9-0)
8.	Consider advertising campaign for anti-litter program.
MOTION:	Council Member Fogleman moved to refer this item to the Conservation and Environment Committee.
SECOND:	Council Member Kirby
VOTE:	UNANIMOUS (9-0)
9.	Report from Conservation and Environment Committee.
	Council Member Massey, Chairman, presented this item.  He stated all stakeholders in the community environmental court project were being contacted and after the City and the Cumberland County staff gathered information, a meeting would be set with Judge Keever and District Attorney Grannis with a report being made to Council at a later date.
10.	NOMINATIONS:
A.	Public Arts Commission - 3 Vacancies:  1 Museum of Art member and 2 Arts Council Members
	Museum of Art Member
	Mr. Walter Vick was nominated for reappointment by Mayor Pro Tem Kendrick.
	Arts Council Members
	Dr. Harvey Jenkins was nominated for reappointment by Mayor Pro Tem Kendrick.
	Ms. Soni Martin was nominated for a first term by Council Member Keefe.
11.	APPOINTMENTS:
A.	Finance Corporation
	City Attorney Karen McDonald recommended the appointment of Mr. Roger Stancil, Ms. Lisa Smith, Mr. Keith Love and Mr. David Little to the City of Fayetteville Finance Corporation.
MOTION:	Council Member Smith moved to approve the recommendation.
SECOND:	Council Member Keefe
VOTE:	UNANIMOUS (9-0)
12.	ADMINISTRATIVE REPORTS
A.	Update on Community Street Banner Program.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  He stated this was an update on where the banners stood and explained the moratorium had expired and the Chamber of Commerce was currently considering whether to apply for another special permit for banners with a new design to replace the current banners in July 2003.
	Mr. Teal stated if the Council wanted to leave things as they were, they did not need to take any action, but if they wanted to change the ordinance, then he recommended referring it to the Planning Commission to study and to hold the public hearing.
MOTION:	Council Member Gonzalez moved to have no more banners.
SECOND:	Council Member Fogleman
	Council Member Gonzalez stated she felt the issue should be taken care of now because she did not think the banners were attractive in the intersections.
	Mr. Teal stated because this was in the ordinance, it could not be eliminated tonight but would need to go to both the Planning Commission and City Council for public hearings.
	Council Member Gonzalez stated she did not want to refer the issue.
	City Attorney Karen McDonald stated that Ms. Gonzalez could refer it to the Planning Commission with a request that they take action consistent with the motion and then they could hold the public hearing and it would come back to the Council.
AMENDED MOTION:
Council Member Gonzalez moved to refer this item to the Planning Commission for the purpose of stopping the banner program.
SECOND:	Council Member Fogleman
	Council Member Keefe asked Council Member Gonzalez to entertain another avenue and have it to go to a Council committee for recommendations to the Council and then to the Planning Commission.  He stated he would like to see some sort of limited structure ability for businesses to advertise on a short-term basis.
AMENDED MOTION:
Council Member Keefe moved to amend the motion and send this issue to the Development Committee.
	Council Member Gonzalez accepted the amendment but leaving in the motion that they should go forward with eliminating the banner, and also look at everything as a whole as to how businesses could be accommodated in advertising.
	Council Member Fogleman withdrew her second.
SECOND:	Council Member Haire
	Mayor Pro Tem Kendrick inquired if the motion was to eliminate the vertical litter of banners and at the same time look at how to help the businesses advertise.
	Council Member Gonzalez stated if there was a way Council could agree for something to happen for businesses it needed to be done because businesses had been neglected and things had been done for the Chamber.  She also stated if the Council wanted to give permits for three days, then it should be discussed for a solution.
	Mayor Pro Tem Kendrick stated he felt the pole signs and the other issue were two separate issues and this action could encumber grand opening signs, wooden event signs, and the entire sign ordinance and he felt there should be two separate motions.
	A discussion was held regarding the pros and cons of separating the two issues.
	Council Member Fogleman stated she felt the sign ordinance covered the other issues and she would like for the banners to be acted on prior to reviewing new areas of exploration.
	Mayor Pro Tem Kendrick stated he did not feel the motion was fair because the Council was sending it to the committee already prejudiced, and he still felt there should be two motions with one eliminating the utility pole banners and the other one opening up the sign ordinance.
VOTE:	FAILED by a vote of 3 in favor (Council Members Haire, Keefe, and Gonzalez) to 6 in opposition
MOTION:	Council Member Massey moved to refer the issue of the banners to the Planning Commission for the purpose of evaluating their effectiveness and bringing an end to their existence.
SECOND:	Council Member Fogleman
VOTE:	PASSED by a vote of 6 in favor (Council Members Fogleman, Massey, Kirby, Smith, Haire and Gonzalez) to 3 in opposition (Council Members Kendrick, Keefe, and Pitts)
INFORMATION ITEMS:
1.	Statement of taxes collected for the month of December 2002 from the Cumberland County Tax Administrator.
2002 Taxes	$11,204,851.48
2002 Vehicle Taxes	291,352.59
2002 Revit	18,685.32
2002 Vehicle Revit	245.67
2002 FVT	31,645.00
2002 Storm Water	766,337.07
2001 Taxes	33,267.65
2001 Vehicle Taxes	33,910.43
2001 Revit	0.00
2001 Vehicle Revit	0.00
2001 FVT	4,334.41
2001 Storm Water	2,243.55
2000 Taxes	5,487.88
2000 Vehicle Taxes	860.15
2000 Revit	0.00
2000 Vehicle Revit	0.00
2000 FVT	195.66
2000 Storm Water	557.19
1999 Taxes	2,122.85
1999 Vehicle Taxes	382.23
1999 Revit	0.00
1999 Vehicle Revit	0.00
1999 FVT	93.40
1999 Storm Water	162.41
1998 and Prior Taxes	2,569.98
1998 and Prior Vehicle Taxes	917.98
1998 and Prior Revit	0.00
1998 and Prior Vehicle Revit	0.00
1998 and Prior FVT	144.08
1998 and Prior Storm Water	128.14
Interest	12,130.40
Interest (Revit)	1.65
Interest (Storm Water)	457.84
Fayetteville Discount (Current)	0.00
Fayetteville Discount (Revit)	0.00
Total Collections	$12,413,085.01
2.	Police Department – Report from the Office of Professional Standards and Inspections for the month of December 2002.
3.	PWC – minutes of December 4, 2002.
4.	Status report for ongoing annexation projects.
5.	FACVB – minutes of December 12, 2002.
6.	Chamber of Commerce – minutes of December 9, 2002, Board of Directors meeting.
MOTION:	Council Member Smith moved to adjourn the meeting.
SECOND:	Council Member Haire
VOTE:	UNANIMOUS (9-0)
	The meeting adjourned at 9:25 p.m.
REGULAR MEETING
FEBRUARY 10, 2003
FAYETTEVILLE CITY COUNCIL
REGULAR MEETING
CITY HALL COUNCIL CHAMBER
FEBRUARY 10, 2003
7:00 P.M.
Present:	Mayor Marshall B. Pitts, Jr.
Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Lois A. Kirby (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8)
Absent:	Anne Fogleman (District 9); Darrell J. Haire (District 4)
Others Present:	Roger L. Stancil, City Manager
			Karen M. McDonald, City Attorney
			Tiffanie Sneed, Assistant City Attorney
			Jimmy Teal, Chief Planning Officer
			Robert Barefoot, Chief Operating Officer for Engineering and Maintenance
			Victor Sharpe, Interim Community Development Director
			Tom McNeill, Director of Special Projects, PWC
			Mick Noland, Chief Operations Officer of Water Resources, PWC
			Jason Brady, Public Information Officer
			Janet C. Jones, City Clerk
			Members of the Press
INVOCATION - PLEDGE OF ALLEGIANCE
	The invocation was offered by Council Member Kirby, followed by Boy Scout Troop 6, Saint Andrews Church, leading in the Pledge of Allegiance to the American Flag.
	Council Member Worthy presented Reverend Jeffrey Wilson, Life Changing Word Ministries, with a City pin.
ANNOUNCEMENTS
	Mayor Pitts announced that Council Member Smith had been appointed as a member of the 2003 National Black Caucus of Local Elected Officials Policy Development Team and would be serving on the 2003 Transportation Committee.
	Mayor Pitts congratulated Council Member Keefe on his upcoming marriage and Mr. Don Worthington of the Fayetteville Observer on his recent marriage.
1.	APPROVAL OF AGENDA
MOTION:	Council Member Smith moved to approve the agenda.
SECOND:	Council Member Massey
VOTE:	UNANIMOUS (8-0)
2.	CONSENT:
MOTION:	Council Member Massey moved to approve the consent agenda.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (8-0)
	The following items were approved:
A.	Approve minutes of City Council meetings:
1.	January 13, 2003.
2.	January 21, 2003.
3.	January 27, 2003.
B.	Approve Financial Matters:
1.	Tax refunds in excess of $100.00.
	Name	Year	Basis	City Refund
	Patterson, William L.	1998-2002	Clerical Error	$419.69
	Total			$419.69
2.	Municipal Maintenance Agreement with NC DOT for computerized signal system.
COPY OF RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA.  RESOLUTION NO. R2003-023.
C.	Approve Rezoning Requests:
1.	P03-01F (City Council Initiated).  Rezoning from R6 Residential District to R5A Residential District or to a more restrictive zoning classification for property located on the northeast corner of Old Bunce Road and 71st School Road.  Containing 6.19 acres more or less and being the property of R. A. Rumbough as evidenced by deed recorded in Deed Book 3012, pages 99-100, Cumberland County Registry.
2.	P03-03F.  Rezoning from R10 Residential District to C1 Local Business District or to a more restrictive zoning classification for property located at 1113 Hope Mills Road.  Containing .24 acres more or less and being the property of Delores Breswitz as evidenced by deed recorded in Deed Book 4078, page 356, Cumberland County Registry.
D.	Approve Legal Matters:
1.	Technical amendments to Chapter 16, Article XI, Abandoned, Junked, and Nuisance Vehicles.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 16, ARTICLE XI, ABANDONED, JUNKED, AND NUISANCE VEHICLES, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE.  ORDINANCE NO. S2003-003.
2.	Foreclosure pursuant to Deed of Trust for property located at 111-113 Maxwell Street.
E.	Approve matters related to City property:
1.	Donation of land on Ashton Drive.
2.	Sale of vacant City lot to the Trustees of Friendship Missionary Baptist Church.
F.	Adopt resolution reducing speed limit on Longview Drive from 35 mph to 25 mph from Ramsey Street to a point 0.61 miles east of Ramsey Street.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE REQUESTING THE SPEED LIMIT ON LONGVIEW DRIVE BE REDUCED FROM 35 MPH TO 25 MPH FROM RAMSEY STREET TO A POINT 0.61 EAST OF RAMSEY STREET.  RESOLUTION NO. R2003-024.
3.	PUBLIC HEARINGS:
A.	Consider adoption of resolutions confirming paving assessment rolls and levying assessments on Jones Street, Progress Street, Jumalon Street, West Jenkins Street, Eugene Street, Teague Street, Garvin Street, Hall Street, MacDougald Road, Butler Street, and Diana Street.
	City Manager Roger Stancil presented this item.  Mr. Stancil reviewed the history of the bond paving projects.  He stated the construction cost for paving the dirt streets was $130.00 per foot and the property owners were being assessed $10.00 per frontage foot with a ten-year payback period at an interest rate of 3.97 percent which was the current ten-year Treasury Bill rate.
	Mr. Stancil stated the assessments could not be waived unless the property owner had proof that the value of his property had not been increased by the amount of the assessment.
	Mr. Stancil further explained that Mr. Tom Keith, who owned property on Butler Street, had thought he had donated the land to the City at the beginning of the project.  However, Mr. Stancil stated this was not an agreement the City could make and he was requesting that the Butler Street assessment roll be approved and the staff would continue to work with Mr. Keith regarding the dollar issue.
	This is the advertised public hearing set for this date and time.  The public hearing opened at 7:16 p.m.
	Ms. Lillian Tyler, 2229 Progress Street, Fayetteville, NC, appeared in opposition to the assessments on her corner lot property.  She stated she felt the City should take care of the paving out of the tax dollars that had been collected since 1968.  Ms. Tyler requested that a fire hydrant be placed on her street.
	There was no one further to speak and the public hearing closed at 7:25 p.m.
RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (JONES STREET).  RESOLUTION NO. R2003-025.
RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (PROGRESS STREET).  RESOLUTION NO. R2003-026.
RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (JUMALON STREET).  RESOLUTION NO. R2003-027.
RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (WEST JENKINS STREET).  RESOLUTION NO. R2003-028.
RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (EUGENE STREET).  RESOLUTION NO. R2003-029.
RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (TEAGUE STREET).  RESOLUTION NO. R2003-030.
RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (GARVIN STREET).  RESOLUTION NO. R2003-031.
RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (HALL STREET).  RESOLUTION NO. R2003-032.
RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (MACDOUGALD ROAD).  RESOLUTION NO. R2003-033.
RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (BUTLER STREET).  RESOLUTION NO. R2003-034.
RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (DIANA STREET).  RESOLUTION NO. R2003-035.
MOTION:	Council Member Worthy moved to approve the assessment rolls as presented with a ten-year payback period and a ten-year Treasury Bill current interest rate of 3.97 percent.
SECOND:	Council Member Smith
VOTE:	UNANIMOUS (8-0)
B.	Consider adoption of resolution permanently closing portions of Lucas and Simmons Streets.
	City Manager Roger Stancil presented this item.  Mr. Stancil explained the City Community Development staff had been working with Kingdom Community Development Corporation in the development of Fairley Estates and seven of the lots platted along Vanstory Street had been sold as reflected on existing plats.  The result had been seven owners had a legal interest on all of the platted streets existing when they purchased their properties.
	Mr. Stancil stated that the property owners’ interests could be addressed through the formal street closure procedures as set out by statute and this was the public hearing on the proposed closings.  He recommended adoption of the resolution and closing the streets.
	This is the advertised public hearing set for this date and time.  The public hearing opened at 7:20 p.m.
	Ms. Gwendolyn Gibbs, 328 Vanstory Street, Fayetteville, NC, who had previously signed up to speak in opposition was not present at the meeting.
	There was no one further to speak and the public hearing closed at 7:28 p.m.
RESOLUTION AND ORDER CLOSING PORTIONS OF LUCAS AND SIMMONS STREETS.  RESOLUTION NO. R2003-036.
MOTION:	Mayor Pro Tem Kendrick moved to approve.
SECOND:	Council Member Kirby
VOTE:	UNANIMOUS (8-0)
4.	Consider confirmation of Phase IV-A Annexation Assessment Roll.
A.	Amend Payment Policy to substitute interest rate at cost of capital instead of ten-year Treasury Bill.
	City Manager Roger Stancil requested that this item be deferred and no change in the policy be considered until further research could be done by the staff.
	Mayor Pro Tem Kendrick stated he felt the citizens being brought into the City through the next annexation should be afforded a ten-year payback period with an interest rate based on the ten-year Treasury Bill because that was what they had been promised by the City.
B.	Confirm Assessment Roll under new policy.
RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS.  RESOLUTION NO. R2003-037.
MOTION:	Council Member Massey moved to approve the assessment roll with a ten-year payback period and an interest rate of 3.97 percent based on the current ten-year Treasury Bill.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (8-0)
5.	Report from Fort Bragg Garrison Commander regarding efforts on Sustainable Sandhills.
	Colonel Gregory G. Bean, Director of the Public Works Business Center at Fort Bragg, made a presentation to the Council on Fort Bragg’s mission to sustain natural resources on Fort Bragg and in the sandhills area outside of Fort Bragg.
	Colonel Bean asked the Council for their involvement and support in creating a vision and developmental plan that would benefit the growth, development, and prosperity of Fort Bragg and the City of Fayetteville.  Colonel Bean stated working together would create leverage for both state and federal resources and would leave a legacy of a safe environment for the children.  He invited the Council to attend a workshop on sustaining the sandhills on February 19, 2003.
	Discussion was held regarding the recycling program at Fort Bragg.
	City Manager Roger Stancil announced that the County Manager, the City Manager, and the Fayetteville Chamber of Commerce were putting together a community “Operation Home Front” to assist the military families during this time of hardship.  Mr. Stancil stated the plan was still being studied and would include a telephone number where answers could be found and contact points could be obtained by the spouses.
	Mayor Pitts stated things were going to get serious in the next few weeks and the community must pull together.
6.	Monthly Commissioner Report from Public Works Commission.
	Mr. Vance Neal, Chairman of Public Works Commission, presented this item.  Mr. Neal reviewed the status of PWC’s strategic business decisions to include street lighting, the revenue bond issue to support annexation efforts, the PWC Retirement Plan, the Water Shortage Ordinance, the provision of portable water to Fort Bragg, the re-implementation of the fuel adjustment clause on all customer bills except industrial customers, the capitalized Cross Connection Control Ordinance, the review of existing generation facilities that have reached their life expectancy, the unexpected cost related to the recent ice storm, and the evaluation of the “Future City” concept, and cost for utility installations.
7.	Report from Development Committee.
	Council Member Worthy, Chairman of the Development Committee, presented this item.  Mr. Worthy stated the Committee had met on February 6, 2003, with the neighbors having been invited for a discussion of the issues surrounding the proposed closing of Morgan Lane.  He stated the Committee recommended that Morgan Lane be closed from Westmont Drive to the end of the property currently owned by the Carrolls.
MOTION:	Council Member Worthy moved to close Morgan Lane from Westmont Drive to the end of the property currently owned by the Carrolls.
SECOND:	Council Member Keefe
	A discussion was held regarding the pros and cons of closing Morgan Lane, the liability issue, and the cutting down of a dead tree by the staff.
	Mayor Pitts expressed his concern that action had been taken by the staff, which contradicted the directive of the Council to hold the Morgan Lane issue in abeyance.
	City Manager Roger Stancil explained that the tree was a threat and the City had been warned if it fell the City would be held liable for damages and he had directed the staff to cut down the tree.
	Mayor Pitts stated it was his opinion that if the legislative body says hold an issue in abeyance, there was an obligation by the staff to let that body know before any action was taken.
	Further discussion was held regarding the proposed closing.
	Council Members Keefe and Worthy stated they felt the Council needed to support the Committee’s recommendation.
VOTE:	UNANIMOUS (8-0)
8.	BOARDS AND COMMISSIONS NOMINATIONS:
A.	Public Arts Commission - 3 Vacancies:  1 Museum of Art Vacancy and 2 Arts Council Vacancies
	No additional nominations were made.
9.	BOARDS AND COMMISSIONS INFORMATION:
A.	Personnel Review Board - 1 resignation:  supervisor/manager member vacancy
B.	Fayetteville Board of Adjustment - 1 resignation:  alternate member
10.	ADMINISTRATIVE REPORTS
A.	Follow-up to questions related to Annual Allocations from NC State Aviation Division.
B.	Report on response from NCDOT regarding revising traffic pattern on Hillsboro Street from Walter Street to Hay Street and revising the signal at intersection of Hay and Hillsboro Streets.
C.	Update on Council Policy Calendar.
INFORMATION ITEMS:
1.	Report of tax refunds less than $100.00.
	Name	Year	Basis	City Refund
	Professional Ins. Group,	2001	Corrected Assessment	$72.31
	  Inc.
	Total			$72.31
2.	Fayetteville Parks and Recreation Advisory Commission endorsement and support of the Westover Area being the highest priority for park and recreation center development.
3.	PWC – minutes of January 8, 2003.
4.	Planning Department - December Monthly Report.
MOTION:	Mayor Pro Tem Kendrick moved to adjourn the meeting.
SECOND:	Council Member Smith
VOTE:	UNANIMOUS (8-0)
	The meeting adjourned at 8:30 p.m.
REGULAR MEETING
FEBRUARY 24, 2003
FAYETTEVILLE CITY COUNCIL
REGULAR MEETING
CITY HALL COUNCIL CHAMBER
FEBRUARY 24, 2003
7:00 P.M.
Present:	Mayor Marshall B. Pitts, Jr.
Council Members Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4) (left at 7:50 p.m.); Lois A. Kirby (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Anne Fogleman (District 9)
Absent:	Council Member James K. Keefe (District 1)
Others Present:	Roger L. Stancil, City Manager
			Karen M. McDonald, City Attorney
			Lisa Smith, Chief Financial Officer
			Jimmy Teal, Chief Planning Officer
			Victor Sharpe, Interim Community Development Director
			Jason Brady, Public Information Officer
			Janet C. Jones, City Clerk
			Members of the Press
INVOCATION - PLEDGE OF ALLEGIANCE
	The invocation was offered by Reverend Jeffrey Wilson, Life Changing Word Church, followed by Mayor Pitts leading in the Pledge of Allegiance to the American Flag.
MAYOR’S ANNOUNCEMENTS:
	Mayor Pitts announced he had received a letter of appreciation from the City of Lexington thanking PWC for their help during the winter storm.
	Council Member Haire thanked everyone for their well wishes during his recuperation time from surgery.
RECOGNITION:
Presentation of proclamation in honor of NEA’s Read Across America program.
	Mayor Pitts presented Mr. Charles Lawson and Mr. Charles Yates with a Proclamation calling for the citizens to support the NEA’s Read Across America program with special emphasis being given on March 3-7, 2003.
Presentation of Proclamation in honor of Children and Healthcare Month.
	Mayor Pitts presented Ms. Marian Morgan, Friends of Children Coordinator, Cape Fear Valley Health Foundation, and Ms. Cynthia Marks, Child Life Specialist, Family Centered Care Unit, Cape Fear Valley Health Center, a Proclamation declaring March 2003 as Children and Healthcare Month.
1.	APPROVAL OF AGENDA
	City Manager Roger Stancil requested to amend Item 20 from request for closed session to discuss litigation to request for closed session to discuss economic development.
MOTION:	Council Member Worthy moved to approve the agenda as amended.
SECOND:	Council Member Fogleman
VOTE:	UNANIMOUS (9-0)
2.	PUBLIC FORUM:
	Ms. Emma McKeithan, P.O. Box 22, Wade, NC, expressed appreciation from the Cain family for the efforts of Reverend Franklin Reid to honor Moses King.
	Mr. Jose Cardona, 7018 Kittridge Drive, Fayetteville, NC, requested the City do a contingency plan for possible terrorism attacks.
	Mr. Andy Anderson, 5116 Ponderosa Drive, Fayetteville, NC, requested the Council reinstate the 2 percent tax discount and make an apology to the citizens of Fayetteville.
	Mr. Clinton Harris, 713 Watauga Road, Fayetteville, NC, requested a review of the drainage issues at the Owens School and the Orange School properties.
3.	CONSENT:
MOTION:	Council Member Massey moved to approve the consent agenda.
SECOND:	Mayor Pro Tem Kendrick
VOTE:	PASSED by a vote of 8 in favor to 1 in opposition (Council Member Gonzalez)
	The following items were approved:
A.	Approve minutes of regular meeting of February 10, 2003.
B.	Adopt resolution to close a portion of Morgan Lane as decided by Council February 10, 2003.
RESOLUTION AND ORDER CLOSING A PORTION OF MORGAN LANE.  RESOLUTION NO. R2003-038.
C.	Approve request for Special Permit Sign by the Airborne and Special Operations Museum for Festival of Flight and Fourth Fridays.
D.	Approve the following financial matters:
1.	Tax refunds in excess of $100.00.
	Name	Year	Basis	City Refund
	First Security Mortgage Corp	1999-2001	Corrected Assessment	$387.78
	Moore, Jimmie A.	2001	Corrected Assessment	123.17
	Shuller Ferris Johnson & Lindstrom	2001	Corrected Assessment	359.77
	  Architects, PA
	Total			$870.72
2.	Resolution of the City Council of the City of Fayetteville accepting the Report of Unpaid Taxes and Directing the Advertisement of Tax Liens.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE ACCEPTING THE REPORT OF UNPAID TAXES AND DIRECTING THE ADVERTISEMENT OF TAX LIENS.  RESOLUTION NO. R2003-039.
3.	Resolution appointing Deputy Tax Collector for the City of Fayetteville.
RESOLUTION.  RESOLUTION NO. R2003-040.
4.	Special Revenue Ordinance Amendment 2003-5.
	On February 5, 2001, City Council adopted Special Revenue Fund Ordinance 2001-5 authorizing the Mobile Data Computer Project to be funded by the 2000 Local Law Enforcement Block Grant awarded by the U.S. Department of Justice.  The original amount appropriated for this grant was $271,452.00, comprised of 90 percent ($244,307.00) funding from the U.S. Department of Justice and a 10 percent ($27,145) local match funded from the General Fund.  This amendment was to appropriate program income in the amount of $15,948.00 to be used for Mobile Data Computers and related equipment.
E.	Adopt ordinances for demolition of the following properties:
1.	415 Chase Street (PIN 0437-51-1655), Owner:  Daily McCleary.
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. NS2003-001.
2.	1317 Jacob Street (PIN 0446-44-7881), Owner:  James Turner, c/o Willie R. Turner.
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. NS2003-002.
4.	PUBLIC HEARINGS:
A.	Consider a local landmark designation in accordance with the guidelines established in Chapter 30, Article XV, Section 30-455, of the Fayetteville City Code of Fire Station #2, located at Olive Street.
	Ms. Michele Michaels, preservation consultant, presented this item.  She reviewed the historic and architectural significance of Fire Station No. 2 located at 101 Olive Street and reported that it had been approved by the North Carolina Department of Cultural Resources’ State Historic Preservation.  Ms. Michaels requested the property be designated as a Local Historic Landmark.
	This is the advertised public hearing set for this date and time.  There was no one present to speak and the public hearing opened and closed at 7:40 p.m.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE DESIGNATING FIRE STATION NUMBER TWO, OLIVE STREET, FAYETTEVILLE, NORTH CAROLINA, AS A HISTORIC LANDMARK.  ORDINANCE NO. NS2003-003.
MOTION:	Council Member Fogleman moved to approve.
SECOND:	Council Member Smith
VOTE:	UNANIMOUS (9-0)
B.	Consider a local landmark designation in accordance with the guidelines established in accordance with Chapter 30, Article XV, Section 30-455, of the Fayetteville City Code of the FILI Armory Building, located at 210 Burgess Street.
	Ms. Michelle Michaels presented the historic and architectural significance of the property being proposed for designation as an historic landmark.  Ms. Michaels stated the interior features of the building to include two fireplaces, the exposed interior brick walls, the exposed barrel-vaulted roof system, and the interior arrangement of the rooms would also be protected.  Ms. Michaels also reported the State had approved the property for designation.
	This is the advertised public hearing set for this date and time.  There was no one present to speak and the public hearing opened and closed at 7:47 p.m.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE DESIGNATING THE FAYETTEVILLE INDEPENDENT LIGHT INFANTRY ARMORY BUILDING LOCATED AT 214 BURGESS STREET, FAYETTEVILLE, NORTH CAROLINA, AS A HISTORIC LANDMARK.  ORDINANCE NO. NS2003-004.
MOTION:	Council Member Fogleman moved to approve.
SECOND:	Council Member Kirby
VOTE:	UNANIMOUS (9-0)
C.	Consider a local landmark designation in accordance with the guidelines established in accordance with Chapter 30, Article XV, Section 30-455, of the Fayetteville City Code of the Evans A.M.E. Zion Church, located at 301 Cool Spring Street.
	Mr. Bruce Daws, Historic Properties Manager, presented this item.  Mr. Daws reviewed the historic and architectural significance of the property being proposed for designation as a historic landmark.  He recommended approval of the designation.
	This is the advertised public hearing set for this date and time.  There was no one present to speak and the public hearing opened and closed at 7:50 p.m.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE DESIGNATING THE EVANS METROPOLITAN A.M.E. ZION CHURCH, 301 N. COOL SPRING STREET, FAYETTEVILLE, NORTH CAROLINA, AS A HISTORIC LANDMARK.  ORDINANCE NO. NS2003-005.
MOTION:	Council Member Kirby moved to approve.
SECOND:	Council Member Smith
VOTE:	UNANIMOUS (9-0)
	Council Member Haire left the meeting at 7:51 p.m.
5.	Presentation of Keep America Beautiful affiliation to support Council’s Top Priority Target:  Making City Clean Strategy.
	Ms. Lois Nixon, Director and Environmental Educator, Wake County Keep America Beautiful, presented this item.  Ms. Nixon stated the vision of Keep America Beautiful was to engage individuals to take greater responsibility for improving their community environments with the focus areas being litter prevention, community improvement, and proper waste management.
	Ms. Nixon stated there were over 500 nationwide affiliates and 26 affiliate communities in North Carolina.  She reviewed the steps the City would need to pursue to become a Keep America Beautiful affiliate.
6.	Update on Festival Park.
	Mr. Bob Shuller and Mr. Eric Lindstrom, Architects with Shuller Ferris Lindstrom & Associates, presented this item.  They presented a drawing of the proposed site and reviewed their recommendations.
	City Manager Roger Stancil reported that the Tom Grubbs’ sculpture would be a part of the park and was scheduled to be put up beginning February 25, 2003.
	Mr. Lindstrom stated the sculpture by Mr. Grubbs was scheduled to be totally installed by May with the true design of the park to begin in April and to end by the close of summer.  He reported the groundbreaking would be held at the end of the year.
7.	Presentation of revisions to electoral district boundaries.
	Mr. Jerry Wilson, Redistricting Consultant, presented this item.  Mr. Wilson stated it was necessary to revise the electoral district boundaries to account for five annexations that had taken place within the City.  Mr. Wilson explained that Districts 1, 2, 5, 6 and 7 would be revised with the major portion of Annexation 4B going into District 6.
	Mr. Wilson stated that in 2001 the City’s population had been 124,961 with 48 percent of the population being white and 43 percent of the population being black.  He stated the ideal district population was set at 13,885.
	Mr. Wilson reported the proposed redistricting proposal would cover a population of 132,318 with 48.67 percent of the population being white and 42 percent of the population being black and a net change of 7,357 persons.  Mr. Wilson stated the voting population was 98,022 with 52 percent being white and 39.90 percent being black.
	Mr. Wilson stated the racial mix of the Council would not be affected by the proposed revision and upon adoption the plan would be submitted to the Justice Department for preclearance.
MOTION:	Council Member Massey moved to approve the proposed plan.
SECOND:	Council Member Worthy
	City Attorney Karen McDonald recommended that a public hearing be held as it had been done in the past.  She informed the Council there was no legal requirement to hold a public hearing.
	Council Member Massey stated he would amend his motion to include a public hearing at the Council’s first meeting in March.
VOTE:	UNANIMOUS (8-0)
	Mayor Pitts announced that the proposed map of the revised voting districts would be on display in the lobby of City Hall for citizen review.
8.	Consider the naming of the Rowan Street Park band shell in honor of Mr. Moses King.
	Mr. John Smith, Jr., Chairman of the Parks and Recreation Advisory Commission, presented this item.  Mr. Smith stated that Mr. Moses King had lived on the property that is now Rowan Street Park from sometime in the 1940s to the 1960s.  He stated because of Mr. King’s reputation and the community’s admiration for Mr. King, the City allowed him to continue to live on the property after it was acquired and became a City park.
	Mr. Smith stated Mr. Franklin Reed had appeared before the Commission and had requested some type of recognition for Mr. King.  The Commission in turn was recommending that the band shell be named in his honor.  Mr. Smith stated funds would be raised for a plaque to be placed on the band shell.
MOTION:	Council Member Smith moved to approve the recommendation of the Parks and Recreation Advisory Commission to name the band shell after Mr. Moses King.
SECOND:	Mayor Pro Tem Kendrick
VOTE:	UNANIMOUS (8-0)
	Mr. Franklin Reed stated he had no objection to the band shell being named after Moses King but he did have a problem with the City soliciting funds for the plaque.  He stated he had raised $1,000.00 for a rock monument and he was also asking that the park be renamed to include both General Rowan’s and Moses King’s names.  He stated he would like to approve what would be placed on the plaque and if a plaque were used then the City could pay the bill.
	Mr. Jimmy Teal, Chief Planning Officer, stated the first step was to approve the naming of the band shell and then the staff would come back with a proposal.
AMENDED MOTION:
Council Member Worthy requested to amend the motion to include that the staff bring back a recommendation to the City Council for approval.
	City Attorney Karen McDonald stated a passed motion could not be amended.
	Mayor Pitts stated the solution to this issue would be left to the staff and the Parks and Recreation Advisory Commission and would be brought back to the Council for approval.
9.	Consider proposal for Groton Avenue from Rose and Associates.
	City Manager Roger Stancil presented this item.  He recommended approval of the proposal of Highland Development Partners to provide an 18 foot wide asphalt drive over the Groton Avenue right-of-way from the existing end of the curb and paving to the planned entrance of their property with appropriate measures being made to accommodate the storm water runoff from the additional paving.  Mr. Stancil explained this would be a developmental cost to the owners and their would no reimbursement by the City.
MOTION:	Mayor Pro Tem Kendrick moved to follow staff recommendations and accept the proposal.
SECOND:	Council Member Smith
VOTE:	UNANIMOUS (8-0)
10.	Report on Clean Sweep.
	City Manager Roger Stancil presented this item.  Mr. Stancil stated the first Clean Sweep was done from April 13 through May 3, 2003.  He reviewed the costs as follows:  (1) landfill fees of $58,363.00, (2) printing/supplies fees of $5,000.00, and (3) overtime labor expenses of $99,107.00.
	Mr. Stancil presented the following options for Council action.
1.	Support Project Place Lift Clean Sweep efforts of the major thoroughfares on April 5, 2003.
2.	Conduct Clean Sweep independently April 7-18, 2003.
3.	Conduct Clean Sweep with modifications.  Pick up only tires and construction material since all other items can be scheduled for pickup any time during the calendar year.
4.	Due to budget constraints, eliminate this program; at least for this year, and support Project Place Lift in major thoroughfare cleanup.
MOTION:	Council Member Fogleman moved due to budget constraints to eliminate this program at least for this year and support Project Place Lift in major thoroughfare cleanup.
SECOND:	Council Member Worthy
	A discussion was held regarding the roads to be covered in the Project Place Lift.  Mr. Stancil stated he would come back with a list of the streets if the Council decided to support Project Place Lift.
	Mr. Wick Smith, Chairman of the Project Place Lift, stated the roadsides would be cleaned up by volunteers and trash would be placed in orange bags for trash pickup by the City.
VOTE:	UNANIMOUS (8-0)
11.	Consider award of bids for the following: (PWC)
A.	Purchase one (1) 47 foot Sheave Height Hydraulic Digger Derrick from Altec Industries, Inc., in the amount of $153,932.00.
	Bids were received as follows:
	Altec Industries, Inc. (Birmingham, AL)	$153,932.00
	Shuttlelift/Pitman Div. (Grandview, MO)	$182,003.25
	Terex Telelect Southeast (Glen Allen, VA)	$153,348.00
B.	Purchase of two (2) Backhoe Loaders from Interstate Equipment Company in the amount of $103,664.00.
	Bids were received as follows:
	Interstate Equipment Company (Cary, NC)	$103,664.00
	Southland Rental (Fayetteville, NC)	$101,340.00
	R. W. Moore (Raleigh, NC)	$114,738.00
	A. E. Finley & Associates, Inc. (Raleigh, NC)	$115,540.00
	Gregory Poole (Hope Mills, NC)	$120,536.00
MOTION:	Council Member Fogleman moved to approve Items A and B.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (8-0)
12.	Consider an ordinance to provide for Local Approval and Permitting of Sewer Collection System and Water Distribution System Construction and Alterations. (PWC)
	This item was presented by the PWC staff who explained the purpose of the ordinance was as follows:
1.	Provide for delegation of authority from the State of North Carolina Department of Environmental and Natural Resources to the City of Fayetteville through the Public Works Commission for the timely and orderly processing of requests for water distribution and sewer collection system extensions and/or modifications which shall connect with the water distribution and/or sewer collection systems operated by the City of Fayetteville through the City of Fayetteville Public Works Commission.
2.	Establish policies and procedures for processing water distribution system and sewer collection system extension and/or modification requests within the Utility Service Area of the City of Fayetteville Public Works Commission.
3.	Provide for enforcement of this ordinance.
4.	Provide for compliance with North Carolina Department of Environmental and Natural Resources requirements as established by the North Carolina General Statutes and associated Administrative Rules.
AN ORDINANCE TO PROVIDE FOR LOCAL APPROVAL OF SEWER COLLECTION SYSTEM AND WATER DISTRIBUTION SYSTEM CONSTRUCTION OR ALTERATIONS.  ORDINANCE NO. S2003-004.
MOTION:	Council Member Massey moved to adopt the ordinance.
SECOND:	Council Member Fogleman
VOTE:	UNANIMOUS (8-0)
13.	Consider a resolution authorizing Tax Exempt Revenue Bonds for Annexation Phase IV-B. (PWC)
	Ms. Lisa Smith, Chief Financial Officer, presented this item.  She recommended approval of the Financial Team as presented in connection with the issuance of the proposed City of Fayetteville PWC tax exempt Revenue Bonds.
RESOLUTION REQUESTING THE LOCAL GOVERNMENT COMMISSION APPROVE THE FINANCING TEAM IN CONNECTION WITH THE ISSUANCE OF PROPOSED CITY OF FAYETTEVILLE, PUBLIC WORKS COMMISSION TAX EXEMPT REVENUE BONDS.  RESOLUTION NO. R2003-041.
MOTION:	Council Member Worthy moved to approve the financing team and to adopt the resolution.
SECOND:	Council Member Kirby
VOTE:	UNANIMOUS (8-0)
14.	Consider items for referral to the City-County Liaison Committee (Meeting to be held February 27, 2003).
	Mayor Pro Tem Kendrick requested to refer the Keep America Beautiful proposal to the Liaison Committee for discussion of a joint venture between the municipalities and the County.
15.	Report from Transportation Committee.
	Council Member Worthy, Interim Chairman of the Transportation Committee, reviewed the minutes of the February 3, 2003, Transportation Committee meeting.  The minutes included a review of camera issues, the discontinuing of free-ride zone due to lack of funding, and the improvement of transportation in the downtown area.
	No action was taken on this item.
16.	Consider joint meeting with Cumberland County Commissioners on July 31, 2003.
	A discussion was held regarding establishing a date for a joint meeting with the County Commissioners.
MOTION:	Council Member Massey moved to seek to have a joint meeting with the Commissioners on April 15, 2003, at 7:00 p.m.
SECOND:	Mayor Pro Tem Kendrick
	A discussion was held regarding the need for an earlier date due to the tax distribution issue.
	Mayor Pro Tem Kendrick withdrew his second.
	Council Member Massey stated he was in agreement to change the date of the meeting.
	A consensus of the Council was reached to have the City Manager issue a formal request of the County Commissioners to meet on March 13, 2003, at 7:00 p.m.
	Mayor Pitts called for a vote.
VOTE:	PASSED by a vote of 7 in favor to 1 in opposition (Council Member Fogleman)
17.	BOARDS AND COMMISSIONS:
A.	Appointments:
1.	Public Arts Commission - 3 Appointments Needed - 3 Nominations Made
	The following appointments were made by acclamation:  Mr. Walter Vick and Dr. Harvey Jenkins were reappointed to a second term and Ms. Soni Martin was appointed to a first term.
18.	BOARDS AND COMMISSIONS:
A.	Nominations:
1.	Personnel Review Board - 1 Supervisor/Manager Vacancy - 1 Nomination Needed
	Mr. Clair Hudspeth was nominated by Council Member Fogleman and Mr. Reuben Pettiford was nominated by Council Member Worthy.
2.	Fayetteville Board of Adjustment - 1 Fill In Alternate Position Vacancy - 1 Nomination Needed
	Ms. Annette Smith was nominated by Council Member Kirby.
3.	Historic Resources Commission - 1 At-Large Vacancy Due To Death - 1 Nomination Needed
	No nominations were made.
4.	Human Relations Commission - 1 resignation for term which expires June 2004 – 1 fill-in needed
	Mr. Carlos Zukowski was nominated by Council Member Fogleman and Ms. Charlene Ranson was nominated by Council Member Massey.
19.	ADMINISTRATIVE REPORTS
A.	Position Vacancy Report for period December 29, 2002, through February 9, 2003.
B.	Report of appointments to NCLM Committees.
C.	Quarterly Financial Report for period ending December 31, 2002.
D.	Follow-up report on the use of enclosed cab tractors.
E.	Response to Public Forum concern.
20.	Consider closed session to discuss economic development.
MOTION:	Mayor Pro Tem Kendrick moved to go into closed session to discuss economic development.
SECOND:	Council Member Fogleman
VOTE:	UNANIMOUS (8-0)
	The closed session began at 9:20 p.m.
	The regular session resumed at 9:45 p.m.
MOTION:	Mayor Pro Tem Kendrick moved to come out of closed session.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (8-0)
INFORMATION ITEMS:
1.	Statement of taxes collected for the month of January 2003 from the Cumberland County Tax Administrator.
2002 Taxes	$6,270,431.20
2002 Vehicle Taxes	260,595.44
2002 Revit	21,569.77
2002 Vehicle Revit	183.32
2002 FVT	30,800.00
2002 Storm Water	420,299.96
2001 Taxes	30,639.90
2001 Vehicle Taxes	33,458.79
2001 Revit	0.00
2001 Vehicle Revit	0.00
2001 FVT	4,599.78
2001 Storm Water	1,451.49
2000 Taxes	2,108.54
2000 Vehicle Taxes	1,301.07
2000 Revit	0.00
2000 Vehicle Revit	1.67
2000 FVT	235.00
2000 Storm Water	304.87
1999 Taxes	843.79
1999 Vehicle Taxes	411.84
1999 Revit	0.00
1999 Vehicle Revit	0.00
1999 FVT	72.82
1999 Storm Water	87.23
1998 and Prior Taxes	812.98
1998 and Prior Vehicle Taxes	874.42
1998 and Prior Revit	0.00
1998 and Prior Vehicle Revit	0.00
1998 and Prior FVT	170.00
1998 and Prior Storm Water	152.03
Interest	21,946.02
Interest (Revit)	39.28
Interest (Storm Water)	1,111.34
Fayetteville Discount (Current)	0.00
Fayetteville Discount (Revit)	0.00
Total Collections	$7,104,502.55
2.	Report of tax refunds less than $100.00.
	Name	Year	Basis	City Refund
	Jackson, Minton Elree	2002	Clerical Error	$24.38
	Total			$24.38
3.	Status report of ongoing annexation projects.
4.	PWC – minutes of January 22, 2003.
5.	ASOM – minutes of January 30, 2003.
MOTION:	Mayor Pro Tem Kendrick moved to adjourn the meeting.
SECOND:	Council Member Massey
VOTE:	UNANIMOUS (8-0)
	The meeting adjourned at 9:49 p.m.
REGULAR MEETING
MARCH 10, 2003
FAYETTEVILLE CITY COUNCIL
REGULAR MEETING
CITY HALL COUNCIL CHAMBER
MARCH 10, 2003
7:00 P.M.
Present:	Mayor Marshall B. Pitts, Jr.
Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Darrell J. Haire (District 4); Lois A. Kirby (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Anne Fogleman (District 9)
Absent:	Council Member Robert A. Massey, Jr. (District 3)
Others Present:	Roger L. Stancil, City Manager
			Karen M. McDonald, City Attorney
			Jimmy Teal, Chief Planning Officer
			Robert Barefoot, Chief Operating Officer for Engineering and Maintenance
			Victor Sharpe, Interim Community Development Director
			Frank Simpson, Inspections Director
			Steve Blanchard, PWC General Manager
			Mick Noland, Chief Operations Officer of Water Resources, PWC
			Jason Brady, Public Information Officer
			Janet C. Jones, City Clerk
			Members of the Press
INVOCATION - PLEDGE OF ALLEGIANCE
	The invocation was offered by Council Member Worthy, followed by Boy Scout Kailyn Pearson, Troop 758, leading in the Pledge of Allegiance to the American Flag.
MAYOR’S ANNOUNCEMENTS:
	Council Member Keefe thanked the staff for their hard work at the Support Our Troops Rally.
	Mayor Pro Tem Kendrick advised the Council of the death of Mr. Richard Herrera, a former Neighborhood Services Director for the City of Fayetteville.  Mr. Herrera was an employee of the City of Fayetteville from July 1, 1975, to December 6, 1994.
	Mayor Pitts reviewed the status of Operation Home Front, the Festival of Flight, and the National Homeland Security plans for the City of Fayetteville and Cumberland County.
1.	APPROVAL OF AGENDA
MOTION:	Council Member Smith moved to approve the agenda.
SECOND:	Mayor Pro Tem Kendrick
VOTE:	UNANIMOUS (9-0)
2.	CONSENT:
MOTION:	Council Member Fogleman moved to approve the consent agenda.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (9-0)
	The following items were approved:
A.	Approve minutes:
1.	Regular meeting of February 24, 2003.
B.	P03-06F.  Approve the rezoning from R6 Residential District to C1P Shopping Center District or to a more restrictive zoning classification for a portion of the property located at 6326 Raeford Road.  Containing .96 acres more or less and being the property of Rogers & Breece, Inc., as evidenced by deed recorded in Deed Book 4556, page 425, Cumberland County Registry.
C.	Approve the following financial matters:
1.	Special Revenue Fund Project Ordinance 2003-5 (2002 Local Law Enforcement Block Grant).
	The U.S. Department of Justice awarded the City of Fayetteville a grant totaling $165,632.00 for the Fayetteville Police Department’s Mobile Data Computer Project.  The City was required to provide a 10 percent match of $16,563.00 that would be funded from the General Fund and the State would provide the remaining $149,069.00.  The funding for the local match would come from the existing budget.  The grant funds would be used to purchase 19 mobile data computers and 19 mobile printers to be placed in the Police Department’s patrol cars.
2.	Adopt Budget Ordinance Amendment 2003-5 (Proceeds of 2002 Refunding Bonds).
	On November 25, 2002, Council approved the resolution providing for the issuance of $5,535,000.00 Refunding Bonds to be used for the defeasance of all of the outstanding Series 1991 and a portion of Series 1994 Public Improvement Bonds.  The Refunding Bonds were issued December 1, 2002.
3.	Adopt Capital Project Ordinance Amendment 2003-4 (Bond Proceeds for Annexation Infrastructure Improvements).
	The City Council adopted on February 5, 2001, the appropriation of future bond proceeds for the usage in Area 4A annexation (Tiffany Pines, Warrenwood, Rollingwood and Pleasant Acres) and future annexations.
D.	Adopt ordinance ordering demolition of the property located at 638 Hillsboro Street, PIN 0437-48-8664; Owner: Credit Suisse First Boston.
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. NS2003-006.
3.	PUBLIC HEARINGS:
A.	Consider resolution of the City Council of the City of Fayetteville adopting five revisions to the electoral district boundaries of the City of Fayetteville for the purpose of accounting for territory annexed to the City of Fayetteville.
	Mr. Jerry Wilson, Redistricting Consultant, presented this item.  Mr. Wilson recommended the Council adopt the resolution revising the voting district maps which had been on display for two weeks.  He noted there were no pre-clearance issues.
	This is the advertised public hearing set for this date and time.  The public hearing opened at 7:17 p.m.
	Mr. Robert Williams who had signed up to speak relinquished his time.  There was no one further to speak and the public hearing closed at 7:18 p.m.
	Council Member Haire expressed his concern about voters being able to vote at their correct precincts.  He requested that Mr. Wilson’s office contact the Board of Elections to make sure all voting districts coincided with the revised map.  Mr. Wilson advised this was currently being taken care of.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE ADOPTING NEW ELECTORAL DISTRICT BOUNDARIES AND ACCOUNTING FOR FIVE ANNEXATIONS OF TERRITORY TO THE CITY OF FAYETTEVILLE.  RESOLUTION NO. R2003-042.
MOTION:	Council Member Worthy moved to accept the recommendation made by Mr. Wilson.
SECOND:	Council Member Smith
VOTE:	PASSED by a vote of 8 in favor to 1 in opposition (Council Member Gonzalez)
B.	Consider revisions to Chapter 30, Zoning, Article VII, Advertising and Sign Regulations, Section 30-263(b)(4), Penalties, regarding an increase in amount charged for a civil penalty for violation of the sign ordinance.
	Mr. Jimmy Teal, Chief Planning Officer, stated that the City Council’s directive to increase the penalty for a sign violation from $100.00 to $500.00 a day had been reviewed by the Planning Commission, and a public hearing had been held as required when an ordinance amendment was being considered.
	Mr. Teal explained that a key point in the Planning Commission’s recommendation for increasing the penalty was the process used by the Inspections Department to notify a violator whereby that person was given the opportunity to remove the sign prior to a citation being issued.  Mr. Teal stated the Planning Commission had recommended increasing the penalty from $100.00 to $500.00 a day.
	A discussion was held regarding the notice of violation procedures and the appeal process.
	Council Member Kirby stated she wanted the public to know this action was being taken because it was unfair that a big business could afford to pay a penalty and a small business could not, and the big businesses had been getting around the ordinance and she did not think that was fair.
	This is the advertised public hearing set for this date and time.  There was no one present to speak and the public hearing opened and closed at 7:26 p.m.
MOTION:	Council Member Fogleman moved to approve.
SECOND:	Council Member Worthy
	Council Member Keefe expressed his concern about the City’s ability to enforce an ordinance full of inconsistencies.  He stated he did not feel adequate information had been presented for a decision to be made and he felt it was premature to initiate an ordinance change.  He requested Ms. Tiffanie Sneed, Assistant City Attorney, to come back to the Council with more information about the process which had been used and the statistics of the waiver of citations versus the issuance of citations.  Mr. Keefe stated he would like to review the facts to see whether the fee would be collectable because an unenforceable ordinance created a paper tiger.
SUBSTITUTE MOTION:
Council Member Keefe moved to delay action for no more than 90 days for the Development Committee to get the information from the staff and to allow the Assistant City Attorney to provide the information regarding issued citations and paid citations.
SECOND:	Council Member Gonzalez
	City Attorney Karen McDonald stated Ms. Sneed had reported to her the Planning Commission had requested that she and Mr. Cecil Combs, Senior Zoning Administrator, find the information and the issue had been tabled for them to do that.  At the second meeting, because of difficulties due to the tracking, they were unable to accurately come up with the requested information.
	Council Member Keefe stated he felt it was important for the Council to have the information on the waiver rate and the issuance rate before moving forward.
	Ms. McDonald stated she would try to get the information for the Council.
	Council Member Fogleman stated the Planning Commission had done a lot of work on this issue with the problem having been recognized a year ago, and she stated the issue needed to be addressed and she did not think the Council should backpedal on making this decision.
	Council Member Worthy inquired about the difficulty being encountered in gathering the information.
	Ms. McDonald stated the tracking process was the problem because it was not centralized and some payments were made to the Inspections Department and some were made to the Finance Department.  Ms. McDonald explained it was her understanding that records were not necessarily kept after they were paid, but the figures were available for the current outstanding citations and for the citations that were in noncompliance and had been sent to the City Attorney’s office for legal action.
	Council Members Smith and Gonzalez expressed their support for the substitute motion.
RESTATED SUBSTITUTE MOTION:
Council Member Keefe moved to delay this issue for not more than 90 days to gather information back from staff and the Attorney’s office for a report to the Council.
VOTE:	PASSED by a vote of 8 in favor to 1 in opposition (Council Member Fogleman)
4.	Consider the establishment of a City of Fayetteville Linear Park, Incorporated.
	City Manager Roger Stancil presented this item.  Mr. Stancil stated one of the City’s greatest assets was Cross Creek and civic clubs and private donors over the years had expressed an interest in contributing to the creek’s development but there had been a reluctance to make general donations to the City that might go for other purposes.
	Mr. Stancil recommended that a City-owned corporation be formed which would be modeled after the Fayetteville Finance Corporation.  A board of directors would be appointed by the Council with the purposes of the corporation being to acquire, own, lease, sell and convey real estate along the creek; to plan and construct park and recreational areas along the creek; to receive funds or property as a donation; to execute contracts and agreements using the funds; and to possess any powers that might be available to such a corporation under the laws of the State of North Carolina or that the Council might designate.
	Mr. Stancil stated the City of Fayetteville would manage the corporation and all of the funds would go through the City’s Finance Department and the Council would appoint the board of directors.
	Mr. Stancil recommended the Council authorize the staff to proceed to file the Articles of Incorporation establishing the corporation and then the bylaws, the number of directors, and how they would be selected would be brought back to the Council for consideration.
	In response to an inquiry, Mr. Stancil stated the property to be developed would include the creek behind Fayetteville State University, the Martin Luther King Park, what would be the festival park, behind the library, across Green Street, through Lafayette Park and then it would go down to the Cape Fear River.
MOTION:	Council Member Fogleman moved to authorize the City Manager to proceed with the filing of the Articles of Incorporation.
SECOND:	Council Member Keefe
VOTE:	UNANIMOUS (9-0)
5.	Presentation of North Fayetteville Study.
	Mr. David Nash, Planner II, presented the North Fayetteville Study which was prepared by the joint efforts of a citizen committee, the City Planning Commission, and the County Joint Planning Board and the City and County Planning staffs.
	Mr. Nash reviewed the boundaries, the corridors, the existing land use, key facts and the reasons this study had been implemented.  He explained if the proposed plan were adopted, it would replace the 2010 Land Use Plan.
	Mr. Nash stated the North Fayetteville Plan had been approved by the City Planning Commission and the County Joint Planning Board at a joint meeting and had been adopted by the County Commissioners on February 17, 2003, excluding the provision for the municipal influence area.
	Mr. Nash then presented and reviewed the current and proposed land use maps.  He explained that the activity center had been moved from the Spring Lake interchange to the McArthur Road innerloop area.  He stated the proposed land use map did not change any of the zonings or any of the properties, but rather served as a guide for future development to be used by elected officials when making zoning decisions.
	Mr. Nash reviewed the recommendations as set out in the official plan document to include the municipal influence area map.  He stated if this map were in place, the rules and regulations of the City would be used to guide development rather than the County’s standards.
	Mr. Nash reviewed the inconsistency between the Land Use Plan and the recent action of the City Zoning Commission for a parcel of land located at the corner of Ramsey Street and Shawcroft Road and reported an investigation is being done to clarify the issue.
	Council Member Kirby inquired why the County Commissioners did not approve the municipal influence area.  Mr. Jimmy Teal, Chief Planning Officer, responded it had to do with the annexations and the Commission’s concern about another jurisdiction making decisions that would affect County residents.  He stated the County had the sole discretion to make that decision.
MOTION:	Council Member Fogleman moved to adopt the North Fayetteville Study recommendation.
SECOND:	Council Member Kirby
	Council Member Keefe inquired about the municipal influence area and the extraterritorial jurisdiction concepts.
	City Manager Roger Stancil reported there were no extraterritorial jurisdictions in Cumberland County but there had been in the past.  He explained that the concept of municipal influence areas and extraterritorial jurisdictions was that development should occur on the fringe of a city and therefore the municipal standards should apply so there would be no extra expenses for retrofitting.
	Council Member Keefe stated the citizen committee had agreed with the municipal influence area and he would like to address that issue with the County within two weeks.
SUBSTITUTE MOTION:
Council Member Keefe moved to approach this issue with the County at their next meeting.
SECOND:	Council Member Gonzalez
	Council Member Fogleman expressed her opposition to delaying action on this study plan.  She stated the plan was a good plan and she felt it should be adopted and the municipal influence area could be approached with the County at another time.
	Council Member Keefe stated he hated to delay this issue, but he felt the citizens’ wishes needed to be honored.  Mayor Pitts inquired if the Planning commissions had approved the plan with the municipal influence area.
	Mr. Brian Irving, Chair of the Fayetteville City Planning Commission, stated that both Planning boards had approved the plan without any discussion about the municipal influence area.
	Mr. John Gillis, Chair of the Cumberland County Joint Planning Board, stated their board was also in agreement.  Mr. Gillis stated he felt the fact that some of the property included in the municipal influence area was in areas that were not going to be annexed was part of the Commission’s objection.  However, he stated the Commission felt the plan was a good plan and needed to be approved for implementation and they felt the municipal influence area issues could be addressed at a later date.  They referred the municipal influence area issue to the Joint Planning Board for study.
	Mayor Pitts stated that the information given by Mr. Gillis was encouraging because that meant the Commissioners were not voting against the municipal influence area, but had concerns about the map being nonspecific.  He inquired what type of timeframe would it take to bring back a proposal.  Mr. Teal stated he felt he could be back within two weeks with a proposal.
	Council Member Keefe stated he was not interested in the rural properties but his concern was for the areas contiguous with the City and the need to have standards for the gateways and in particular the Highway 13 gateway.
	Mr. Teal stated the problems with the past municipal influence areas had been that standards were never set and he felt this should be done.
	Council Member Fogleman stated she did not think approving this plan would weaken the City’s position but rather she felt it would strengthen it.
	Mayor Pitts stated the motion would not scrap the plan, but would let the City clarify the municipal influence area and allow for orderly urban planning.
	Mr. Gillis stated he felt the County Commissioners had taken a prudent action given the issue of the municipal influence area and the importance it had in relation to annexation issues and regulatory issues which may not be definitive at this point.  He stated he felt it may take more than two weeks to solve and could involve the public hearing process.  He commented the Commission’s action would not hinder the implementation of the plan.
SUBSTITUTE MOTION VOTE:
PASSED by a vote of 8 in favor to 1 in opposition (Council Member Fogleman)
6.	Report from Comprehensive Planning/Blank Paper Steering Committee.
	Mayor Pitts turned the gavel over to Mayor Pro Tem Kendrick.  Mayor Pitts presented this item.
A.	Adopt Parks and Recreation Resolution
	Mayor Pitts stated the Steering Committee recommended the municipalities in the County go forward with the process to form a Parks and Recreation Authority for Cumberland County.  He pointed out this would be nonbinding on the County.
A JOINT LOCAL GOVERNMENT RESOLUTION ENDORSING A PARKS AND RECREATION AUTHORITY FOR CUMBERLAND COUNTY.  RESOLUTION NO. R2003-043.
B.	Endorse recommendation of the Committee to the County Commissioners concerning the sales tax distribution.
	Mayor Pitts stated the Cumberland Comprehensive Planning Steering group had met and worked on a proposal towards a resolution of the annexation and sales tax revenue issues facing all jurisdictions in Cumberland County.  He stated the recommendation was that in the short-term, jurisdictions planning to annex would reimburse the County and the school system for revenue lost as a result of those annexations.  As the only jurisdiction planning to annex in 2004, the City of Fayetteville would provide a one-time reimbursement to Cumberland County, while the County would give Fayetteville a 5.5 percent credit for services to the unincorporated area (e.g., sheriff’s patrol, planning, inspections, fire marshal.)  The sales tax allocation formula should not be changed this year in order to allow the working group sufficient opportunity to seek a long-term solution that addressed how best to ensure the basic service needs of all jurisdictions while maintaining the stability of existing revenue.
MOTION:	Mayor Pitts moved to accept the recommendations of the Comprehensive Planning/Blank Paper Steering Committee and to adopt the resolution endorsing a Parks and Recreation Authority for Cumberland County.
SECOND:	Council Member Fogleman
VOTE:	UNANIMOUS (9-0)
7.	Monthly Commissioner Report from Public Works Commission.
	Mr. Vance Neal, Chair of Public Works Commission, presented this item by referring to the agenda packet.  He stated the information was the same as last month’s report.
	Council Member Keefe inquired if Fort Bragg had requested additional water.  Mr. Neal responded that a proposal was being prepared and they would come back if necessary.
8.	Consider a revised Memorandum of Understanding of the Fayetteville Area Metropolitan Planning Organization to include a portion of Hoke County.
	Mr. Rick Heickson, Senior Transportation Planner and Secretary of the Metropolitan Planning Organization, presented this item.  Mr. Heickson stated the 2000 Census had extended the urban boundary into Hoke County and they needed to be included in the Metropolitan Planning Organization.  He recommended the Council adopt the resolution and authorize the Mayor to sign the Memorandum of Understanding that would make this possible.
RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA.  RESOLUTION NO. R2003-044.
MOTION:	Council Member Worthy moved to approve the adoption of the resolution and to authorize the Mayor to sign the Memorandum of Understanding.
SECOND:	Council Member Smith
VOTE:	UNANIMOUS (9-0)
9.	Consider resolution approving a Municipal Agreement with N.C. DOT for the Sycamore Dairy Road\Legend Avenue\Blanton Road Extension.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.
COPY OF A RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA.  RESOLUTION NO. R2003-045.
MOTION:	Council Member Fogleman moved to approve.
SECOND:	Council Member Kirby
VOTE:	UNANIMOUS (9-0)
10.	Consider alternative methods of revenue enhancement and operational efficiencies.
	Council Member Worthy presented this item.
MOTION:	Council Member Worthy moved that in light of the City’s current financial plight due to the proposed change in the sales tax formula by Cumberland County, he would like the Council to consider asking the City Manager to investigate the following:  increased water and sewer rates outside the City of Fayetteville, alternative tax collection methods, and alternative methods for disposal of garbage collected by the City.
SECOND:	Council Member Gonzalez
	Council Member Kirby stated because there had been talk about cutting positions, she felt advertised positions should be postponed unless they were essential to the health, safety, and welfare of the citizens and she felt this should include the Assistant City Manager positions.
	Council Member Worthy stated he would accept that as a friendly amendment.
	Council Member Gonzalez stated she needed more information before making a decision.
	City Manager Roger Stancil stated that after the last freeze, the department directors had only filled positions that could be justified as needed to provide their services.  Mr. Stancil stated he did not want to lay off employees and he would like to maintain prudent management and wait until he knew what the County was going to do and he would prefer not to freeze fire and police hiring.
	Council Member Kirby stated she felt odd about letting people go and at the same time hiring someone else.
	Mr. Stancil stated the City had cut a lot of positions and currently had 86 vacancies.
	Council Member Keefe stated he would like to make a friendly amendment and that anytime you have to creatively look at creating revenues, you need to look at cutting expenses and he would like for the City Manager to come back with expense cuts.
	Council Member Worthy stated he accepted that friendly amendment.
	City Attorney Karen McDonald requested Council Member Worthy to restate the motion.
RESTATED MOTION:
Council Member Worthy moved that in light of the City’s current financial plight due to the proposed change in the sales tax formula by Cumberland County, he would like the Council to consider asking the City Manager to investigate the following:  increased water and sewer rates outside the City of Fayetteville, alternative tax collection methods, and alternative methods for disposal of garbage collected by the City and also to freeze the hiring of all nonessential personnel and have the City Manager cut any expenses as he deems necessary to help during these turbulent times.
SECOND:	Council Member Gonzalez
	Mr. Stancil stated insofar as the Assistant City Manager position, his plan was to cut out two positions, the Chief Development Officer and the Business Services Director, and bring in only one person.
	Mr. Stancil suggested that the process with that position continue with a final decision being made after a decision had been made by the County and that the hiring in the Fire and Police Departments be continued with a freeze being implemented for all other positions except for any job offers that had been made.
VOTE:	UNANIMOUS (9-0)
	Mr. Stancil informed the Council that steps were currently being taken to gather information about the tax collection, the landfill issue, and the PWC rate increase.
11.	Report from Transportation Committee.
	Council Member Haire, Chair of the Transportation Committee, presented this item.  He reported the Committee had met on March 3, 2003, with the residents of the Wilmington Subdivision who had requested additional stop and speed signs.  Council Member Haire recommended the installation of three- and four-way stop signs in the subdivision contingent upon receiving requests from the person in whose yards the signs would have to be placed.
MOTION:	Council Member Haire moved to authorize the installation of three-way and four-way stop signs within the Wilmington Subdivision with written requests from the neighborhood.
SECOND:	Council Member Worthy
	Mayor Pro Tem Kendrick informed the Council the signs would be placed 800 feet apart.
VOTE:	UNANIMOUS (9-0)
12.	Report from Conservation and Environment Committee.
	Council Member Worthy presented this item.  He recommended the Council accept the report as set out in the agenda.
MOTION:	Council Member Worthy moved to accept the report.
SECOND:	Council Member Haire
VOTE:	PASSED by a vote of 8 in favor to 1 in opposition (Council Member Gonzalez)
13.	Discussion of City Policy 155.4, Naming of City properties in honor of individuals.
	Council Member Worthy presented this item.  He stated he felt the current policy to name City properties after deceased persons needed to be changed because he felt people needed to be honored before they died.
MOTION:	Council Member Worthy moved to change City Policy 155.4 to where it would honor live people.
SECOND:	Council Member Kirby
	A discussion was held regarding whether to send the item to the Policy Committee, the pros and cons of changing the policy, and the defining of who would qualify as a designee.
	City Attorney Karen McDonald expressed her concern regarding the need for a definition of the term “public service”.  Ms. McDonald suggested the issue be forwarded to the Policy Committee for discussion and recommendations that would include the Council’s wishes.
	Mayor Pro Tem Kendrick requested Council Member Worthy to reconsider his motion because the Council had a policy of recommending issues to Council committees.
AMENDED MOTION:
Council Member Worthy moved to send this issue to the Policy Committee to come back within 60 days.
	Council Member Gonzalez accepted the changes.
VOTE:	UNANIMOUS (9-0)
14.	Consider health plan options for City Council members.
	City Manager Roger Stancil presented this item.  Mr. Stancil reviewed the following options:
Option 1:	Council members pay both employer and employee share of the cost (current City practice)
·	Monthly medical premiums:  from $394.64 (individual) to $685.59 (family)
·	Monthly dental premiums:  from $16.39 (individual) to $38.39 (family)
·	Annual contribution cost to City:  $0.00
·	Annual total cost to City:  actual cost depends on claims
Option 2:	Council members pay only employee contributions as full-time employees do
·	Monthly medical premiums:  from $10.00 (individual) to $293.30 (family)
·	Monthly dental premiums:  from $0.00 (individual) to $22.00 (family)
·	Annual contribution cost to City:  $0.00 to $53,253.60 (will equal the total of employer contributions for Council members who participate - $0.00 for no participation to $53,253.60 for all members with family medical and dental coverage)
·	Annual total cost to City:  actual cost depends on claims
MOTION:	Council Member Keefe moved to accept Option 2.
SECOND:	Council Member Worthy
VOTE:	PASSED by a vote of 7 in favor to 2 in opposition (Council Members Smith and Fogleman)
15.	BOARDS AND COMMISSIONS:
A.	APPOINTMENTS:
1.	Personnel Review Board - 2 nominations made; 1 appointment needed
A.	Clair L. Hudspeth
	Clair L. Hudspeth received four votes (Council Members Kendrick, Gonzalez, Kirby and Keefe).
B.	Reuben Pettiford
	Reuben Pettiford received four votes (Council Members Smith, Fogleman, Worthy and Haire).
	This item was referred to the next meeting.
2.	Fayetteville Board of Adjustment - 1 nomination made; 1 appointment needed
A.	Annette Smith
	Annette Smith was appointed to an alternate position by acclamation.
3.	Human Relations Commission - 2 nominations made; 1 appointment needed
A.	Mr. Carlos Zukowski
	Mr. Carlos Zukowski received four votes (Council Members Kendrick, Keefe, Fogleman and Worthy).
B.	Ms. Charlene H. Ranson
	Ms. Charlene H. Ranson received four votes (Council Members Smith, Haire, Gonzalez and Kirby).
	This item was referred to the next meeting.
B.	NOMINATION:
1.	Historic Resources Commission - 1 at-large vacancy - 1 nomination needed
	Ms. Brian Moore was nominated by Council Member Keefe.
16.	ADMINISTRATIVE REPORTS
A.	Report on enhancement funding from North Carolina Department of Transportation.
17.	Consider closed session to discuss litigation and economic development.
MOTION:	Council Member Fogleman moved to go into closed session to discuss economic development and the Texfi Bankruptcy litigation.
SECOND:	Council Member Smith
VOTE:	UNANIMOUS (9-0)
	The Council went into closed session at 9:50 p.m.
MOTION:	Council Member Haire moved to come out of closed session.
SECOND:	Council Member Fogleman
VOTE:	UNANIMOUS (9-0)
	The regular session resumed at 10:10 p.m.
INFORMATION ITEMS:
1.	Letter of appreciation for assistance during weather related power outages from the City of Lexington, NC.
2.	Letter of appreciation to Solid Waste Department from the Cottonade Community Association.
3.	Letter from citizen in support of recycling efforts.
4.	Planning – monthly report for January 2003.
MOTION:	Mayor Pro Tem Kendrick moved to adjourn the meeting.
SECOND:	Council Member Smith
VOTE:	UNANIMOUS (9-0)
	The meeting adjourned at 10:11 p.m.
REGULAR MEETING
MARCH 24, 2003
FAYETTEVILLE CITY COUNCIL
REGULAR MEETING
CITY HALL COUNCIL CHAMBER
MARCH 24, 2003
7:00 P.M.
Present:	Mayor Marshall B. Pitts, Jr.
Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Anne Fogleman (District 9)
Absent:	Council Members Lois A. Kirby (District 5); Mark C. Kendrick (District 6)
Others Present:	Roger L. Stancil, City Manager
			Karen M. McDonald, City Attorney
			Jimmy Teal, Chief Planning Officer
			Robert Barefoot, Chief Operating Officer for Engineering and Maintenance
			Steve Blanchard, PWC General Manager
			Tom McNeill, Director of Special Projects, PWC
			Mick Noland, Chief Operations Officer of Water Resources, PWC
			Victor Sharpe, Interim Community Development Director
			Craig Hampton, Special Projects Manager
			Jason Brady, Public Information Officer
			Janet C. Jones, City Clerk
			Members of the Press
INVOCATION - PLEDGE OF ALLEGIANCE
	The invocation was offered by Council Member Haire, followed by Girl Scout Cadet Troop 225 and Senior Troop 325 of Grays Creek leading in the Pledge of Allegiance to the American Flag.
RECOGNITION:
Proclamation in honor of Fayetteville Tag Day
	Mayor Pitts presented Mr. Leon Goldstein with a Proclamation declaring Saturday, April 5, 2003, as Fayetteville Tag Day to encourage all pet owners to ensure the safety of their pets through identification techniques and to enhance the safety and quality of community life for all citizens.
	Mayor Pitts recognized Mr. Bobby Hurst, a former City Council member.  Mr. Hurst, Chair of Operation Face Lift to be held on April 5, thanked the City Council for supporting Operation Face Lift.  He reviewed the events for April 5, 2003.
MAYOR’S ANNOUNCEMENTS:
1.	Special Events Calendar
	Mayor Pitts announced the dates of the Dogwood Festival and the Festival of Flights which are to be held in April and May respectively.
	Mayor Pitts offered condolences to the family of Mr. Bill Luther, Jr., Commissioner for the Town of Hope Mills.
	Mayor Pitts introduced Ms. Faith Thompson, Assistant to the City Manager - Customer Focus, and congratulated her on her selection for the Local Government Fellowship.  Mayor Pitts stated that Ms. Thompson was one of the two finalists to receive the honor.
	Council Member Gonzalez announced that Pepsi-Cola, Inc., had issued canned drinks after the September 11th attack which had omitted the phrase “under God” from the Pledge of Allegiance to the American Flag.  She requested citizens protest this omission by not purchasing Pepsi’s products.  Council Member Gonzalez stated God was needed in our country during these times.
	A moment of silence was observed for the members of the military who have made and will make the ultimate sacrifice for our country.
1.	APPROVAL OF AGENDA
MOTION:	Council Member Smith moved to approve the agenda.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (8-0)
2.	PUBLIC FORUM:
	Ms. Carolyn Culbreth, 6317 Whitehall Drive, Fayetteville, NC, asked the Council for their support of ASA (Americans Supporting Americans), an organization throughout the United States that adopts military units and helps take care of the deployed and their family members.
	Mr. John Lee, 4506 Cay Court, Fayetteville, NC, enlisted the support of Council for a one-stop senior citizen center in Mazarick Park.
	Mr. Gloria McGinty, 1002 Cain Road, Fayetteville, NC, requested the Council look at why there were no buses on the major streets.  She stated senior citizens needed reliable and accessible public transportation.
	Ms. Eddena Hightower, 1602 Brisby Court, Fayetteville, NC, requested Council’s support in placing a senior citizen center at Mazarick Park.  She also requested better transportation.
	Ms. Sue Dennis, 3315 Nato Road, Fayetteville, NC, expressed her wish for a one-stop senior citizen center.
	Mr. Al Zanchelten, 308 Sandwedge Drive, Fayetteville, NC, requested relocating the senior citizen center to Mazarick Park because it was quiet, accessible from Bragg Boulevard and Murchison Road, and had plenty of parking.
	Mr. John McCloskey, 642 Welsh Place, Fayetteville, NC, stated Blue Street Center was too small and a new center was needed at Mazarick Park.  He also stated any future bond issues must consider the needs of the senior population.
	Mr. Charles Mathews, 3218 Tindall Court, Fayetteville, NC, requested the City take Rose Lake by eminent domain and make it a reservoir for the City of Fayetteville to ensure better rain water management.
	Ms. Marilyn Frender, 5589 Pepperbush Drive, Fayetteville, NC, requested support from the Council for a one-stop senior citizen center at Mazarick Park.
	Mr. Richard Bishop, 199 Farmers Road, Fayetteville, NC, expressed his support for a senior citizen center at Mazarick Park and he requested the Council not to pull the plug on senior citizens.
	Mr. Andy Anderson, 5116 Ponderosa Drive, Fayetteville, NC, expressed his opposition to any tax increases by the City.
	Mr. Clinton Harris, 4713 Watauga Avenue, Fayetteville, NC, asked the Council to suspend the ordinance on the exhibition of flags until the military personnel came home.  Mr. Harris stated he felt the City should support the military personnel and families without them having to worry about the law.
3.	CONSENT:
MOTION:	Council Member Fogleman moved to approve the consent agenda.
SECOND:	Council Member Fogleman
VOTE:	UNANIMOUS (8-0)
	The following items were approved:
A.	Approve the following matters related to the Transportation Museum:
1.	Resolution approving Supplemental Enhancement Agreement with NCDOT for Phase III funding of Transportation Museum Project #E-4118 C.
COPY OF RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA.  RESOLUTION NO. R2003-046.
2.	Capital Project Ordinance Amendment 2003-5 (Cape Fear & Yadkin Valley Railway Passenger Depot Project).
B.	Approve tax refunds in excess of $100.00.
	Name	Year	Basis	City Refund
	Waffle House, Inc.	2001	Clerical Error	$934.73
	Haywood, Robert H.	2002	Corrected Assessment	133.73
	Total			$1,068.46
C.	Approve infrastructure agreements:
1.	Sprint PCS Antenna Attachment License Agreements for Reilly Road and Spruce Drive Structures. (PWC)
2.	First Amendment to Town of Spring Lake Water Service Agreement. (PWC)
3.	First Amendment to Town of Stedman Water Service Agreement. (PWC)
4.	Revisions to lease agreements for Robert C. Williams Building: (PWC)
A.	New lease agreements with Advantage Marketing and Fayetteville Chamber of Commerce, Inc.
B.	Letter of Termination with respect to the current lease with FAEDC.
5.	Municipal Agreement with NCDOT for the widening of a section of Rosehill Road.
COPY OF A RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA.  RESOLUTION NO. R2003-047.
6.	Cross Easement Agreement between Blanton Green Phase I and Blanton Green Phase II.
7.	Resolution requesting transfer of NCDOT streets and other dedicated streets within annex Area 4B.
RESOLUTION REQUESTING THE TRANSFER OF NORTH CAROLINA OF DEPARTMENT OF TRANSPORTATION STREETS AND OTHER DEDICATED STREETS WITHIN ANNEX AREA 4B.  RESOLUTION NO. R2003-048.
4.	Update on North Fayetteville Study.  (Information on Municipal Influence Area as requested on March 10, 2003.)
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  He reviewed the status of the Municipal Influence Area (MIA), which had been proposed with the North Fayetteville Study.  Mr. Teal stated the issues involved were (1) what area should be included in the MIA, (2) what standard should be considered, and (3) how should it be administered.  Mr. Teal recommended the approval of the North Fayetteville Plan and the initiation of discussions with the County regarding the MIA provision.
	Mr. Teal presented the following options:
1.	The City Council discusses whether a MIA should exist.  If so, what geographic area, what standards, and how would it be administered.  Suggested standards include:
A.	Concrete curb and gutter for new streets.
B.	Concrete sidewalk for new streets.
C.	Drainage for new development.
D.	Landscape ordinance provision for all new business.
These standards would be reviewed by City staff that do these functions within the City limits.
After discussing the MIA issues, the City Council takes the same action as the County Commissioners by approving the North Fayetteville Plan excluding the MIA.  Initiate a forum with the County to discuss the MIA proposal.
2.	Same as Option 1, but the Council adopts the North Fayetteville Plan to include the MIA provision.
3.	Approve the North Fayetteville Plan as proposed.  Take a wait and see approach on the MIA to see what the County Planning Board recommends to the County Commissioners.
4.	Do not approve the North Fayetteville Plan until the MIA is resolved.  Delay implementation of the action plan.
	Mr. Teal explained that the County had the sole authority to designate MIAs and the City’s approval would not make a difference.
MOTION:	Council Member Keefe moved to approve Option 1.
SECOND:	Council Member Massey
	Discussion was held regarding (1) the pros and cons of whether the MIA map should be adopted by the City, (2) the issue of whether the City could implement the plan, (3) the need to communicate with the County Commissioners regarding the MIA, (4) the need to eliminate retrofitting after annexation, and (5) the need for the City to stand strong and let their position be known on this issue.
	Mr. Teal stated further discussion needed to be held between the City and County before an acceptable proposal could be prepared.
	Discussion was held regarding whether to adopt the proposed plan and whether to wait to work with the County on the MIA.
SUBSTITUTE MOTION:
Council Member Gonzalez moved to accept the North Fayetteville Plan to include the MIA and to initiate a forum with the County to discuss our action.
SECOND:	Council Member Worthy
	Mr. Teal stated either option would work but the standards would not take place until the County approved them because the City had no authority to implement the MIA.
SUBSTITUTE MOTION VOTE:
PASSED by a vote of 6 in favor to 2 in opposition (Council Members Keefe and Haire)
MOTION:	Council Member Keefe moved to set a time limit of 60 days and to direct the staff to come back with a plan from the County within 60 days.
SECOND:	Council Member Haire
VOTE:	PASSED by a vote of 7 in favor to 1 in opposition (Council Member Fogleman)
5.	Consider request from Fayetteville Dogwood Festival for sign permit.
MOTION:	Council Member Fogleman moved to approve the request without the overpass banners.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (8-0)
6.	Consider a local act to authorize the City of Fayetteville to levy a General Municipal Vehicle Tax not to exceed $25.00.
	City Manager Roger Stancil presented this item.  He stated the North Carolina General Statutes currently authorize the City to levy a motor vehicle tax of up to $10.00 and many cities already have local authorization by the General Assembly to levy a light tax ranging from $10.00 to $30.00.  Mr. Stancil advised the Council the local delegation would only give the City the ability to charge up to $25.00.
	Mr. Stancil explained the actual decision to impose an additional fee and to set the amount could be made by the Council as the budget options were considered, and to make this option available there was a need to send the local bill to the General Assembly immediately.  Mr. Stancil stated he felt that because the City provided many services related to vehicle use, it seemed proper to him that a reasonable alternative would be to charge car owners more for the benefit of these services.
	Mr. Stancil recommended the Council authorize the City Manager to forward a request to the Cumberland County Legislative Delegation to introduce the local legislature.
MOTION:	Council Member Fogleman moved to authorize the City Manager to act as stated.
SECOND:	Council Member Worthy
	A discussion was held regarding whether (1) this action would automatically impose a tax increase, (2) whether the fee could be raised to $10.00 without going to the legislature, (3) whether this increase would create a burden on City citizens when County citizens also use the streets and roads.
VOTE:	PASSED by a vote of 5 in favor (Council Members Smith, Haire, Pitts, Fogleman and Worthy) to 3 in opposition (Council Members Keefe, Massey, and Gonzalez)
7.	Consider adoption of the revised Water Shortage Response Ordinance. (PWC)
	Mr. Chad Ham, PWC, presented this item.  He reviewed the revisions to the Water Shortage Response Ordinance, which the Public Works Commission had approved on March 12, 2002.  Mr. Ham stated the purposes of the revision was to better define the chain of command, to revise existing restrictions to make them more equitable and effective, and to add triggers for the various stages of water conservation.
	A discussion was held regarding the use of Rose Lake as a reservoir.  Mr. Ham stated that North Carolina Representative Shaw had requested the Legislature to approve the building of a reservoir in Fayetteville, and as a result the PWC had looked at all sites to include Little River, Fort Bragg, Rockfish Creek and Hope Mills and had determined the estimated yield would not provide enough water to justify investing the kind of capital that would be involved.  He further explained that Rose Lake was small and because it had been breached and wetlands had formed, the Corp of Engineers would not likely approve building a dam.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING ARTICLE “V” OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA.  ORDINANCE NO. S2003-005.
MOTION:	Council Member Massey moved to earmark a Rose Lake study and to approve the revised ordinance.
SECOND:	Council Member Worthy
	A discussion was held regarding the appeals process to include the avoidance of citizens having to go to court, and the triggers that would set each water conservation stage as identified in the revised ordinance.
VOTE:	UNANIMOUS (8-0)
8.	Report from Development Committee.
	Council Member Worthy, Chair of the Development Committee, presented this item.
	Council Member Worthy reported that the Development Committee had held a meeting on March 6, 2003, and had received an update on the M/WBE Program from Mr. Jimmy Kizer and Mr. Gordon Rose on how to close the gaps in minority engineering.  He stated City Attorney Karen McDonald advised that the revisions to the plan would be presented at the April Development Committee meeting in the form of a proposed ordinance.
A.	Delay any future streetscape projects.
	Council Member Worthy stated the Committee had recommended that any future streetscape projects be delayed.  A discussion was held about the delaying of future streetscape projects.  Council Member Keefe requested an update on the Person Street Project.
B.	Ask staff to review the banner ordinance for consistency.
	Council Member Worthy stated the staff would come back with an ordinance that was consistent within a 60-day timeframe.
9.	Report from City-County Liaison Committee.
	Council Member Smith, Chair of the City-County Liaison Committee, presented this item.  She did an overview of the minutes of the meeting, which was held on February 27, 2003.
	Council Member Smith stated after much discussion, the membership of the City-County Liaison Committee agreed to forward to their respective governing bodies the recommendation of the City Planning Commission and the County Joint Planning Board of four members being appointed by the City, four members being appointed by the County, and the remaining seven being appointed by the other municipalities with additional language being added which gave the smaller municipalities the right of first refusal.
MOTION:	Council Member Smith moved to approve the recommendation of the two Planning boards.
SECOND:	Council Member Massey
	Mayor Pitts explained that based on the conversation at the meeting, the seven municipalities had the right to fill a vacancy and if no appointment was made by them, then the City and County would fill the slot.  Discussion was held on this issue.
	Council Member Keefe inquired if a quorum had been present at the City-County Liaison Committee meeting.  He stated his reason for asking was that if no quorum was present, then no action could be taken by the Committee and no recommendations could be forwarded to the Council from the Committee.
	After discussion, it was held there was no quorum at the City-County Liaison Committee meeting and no recommendation could be made to the Council from the Committee.
	Further discussion was held regarding the effect of the Committee’s actions and the fact that the Council could still make a motion to take action on their own behalf.
	Council Member Fogleman stated she was uncomfortable with the wording of the original motion.
SUBSTITUTE MOTION:
Council Member Fogleman moved to go with the recommended structure for the Joint Appearance Commission of four nominations from the City, four nominations from the County, and seven nominations from the remaining cities.
SECOND:	Council Member Smith
	A discussion was held regarding the attendance of Council members at the City-County Liaison Committee meetings.
VOTE:	PASSED by a vote of 6 in favor to 2 in opposition (Council Members Keefe and Gonzalez)
10.	Report on 2003 Congressional lobbying efforts during NLC Conference in Washington, DC.
	Council Member Massey reported that the conference he had attended addressed the issues of creating a sensible economic stimulus plan, making America safe, affordable housing, transportation and minimizing federally unfunded mandates.
11.	BOARDS AND COMMISSIONS:
A.	APPOINTMENTS:
1.	Personnel Review Board - 2 nominations made - 1 appointment needed
A.	Clair L. Hudspeth
B.	Reuben Pettiford
	Mr. Reuben Pettiford was appointed to the Personnel Review Board.
2.	Human Relations Commission - 2 nominations made - 1 appointment needed
A.	Mr. Carlos Zukowski
B.	Ms. Charlene H. Ranson
	Mr. Carlos Zukowski was appointed to the Human Relations Commission.
3.	Historic Resources Commission - 1 nomination made - 1 appointment needed
A.	Bryan Moore
	Mr. Bryan Moore was appointed to the Historic Resources Commission.
12.	ADMINISTRATIVE REPORTS:
A.	Response to Public Forum concerns.
	Mr. Stancil reported in response to Mr. Andy Anderson’s inquiry, that sidewalks were either installed or were currently being installed on the eastern side of Hope Mills Road from Raeford Road to Cumberland Road and this would include all of Hope Mills Road within the City as of the June 1, 2003, annexation.  Mr. Stancil explained the project was being designed according to NCDOT highway specifications and would coordinate with the current road construction project.
	Mr. Stancil also reported that in response to Mr. Clinton Harris’s inquiry on the open drainage ditch located adjacent to William Owen School, that an engineering evaluation was in progress and he would come back to the Council with a report and recommendation within 90 days.  Mr. Stancil stated the storm water utility would be the funding source.
B.	Collection efforts for parking violations.
C.	Ongoing projects.
	Council Member Gonzalez inquired why there were so many street lights in the Person Street area.  She stated she felt that there were too many.
	Mr. Stancil stated he would come back with information about the placement of the street lights.
	Council Member Gonzalez requested the Council discuss the $4.5 million shortfall at the next meeting.
INFORMATION ITEMS:
1.	Information from Cumberland County Board of Elections regarding costs of special mailing to voters.
2.	Statement of taxes collected for the month of February 2003 from the Cumberland County Tax Administrator.
2002 Taxes	$794,238.93
2002 Vehicle Taxes	258,305.69
2002 Revit	2,730.40
2002 Vehicle Revit	234.75
2002 FVT	30,569.04
2002 Storm Water	62,440.01
2001 Taxes	24,711.35
2001 Vehicle Taxes	39,530.90
2001 Revit	0.00
2001 Vehicle Revit	3.14
2001 FVT	5,289.32
2001 Storm Water	2,775.90
2000 Taxes	6,015.51
2000 Vehicle Taxes	1,076.03
2000 Revit	0.00
2000 Vehicle Revit	0.00
2000 FVT	205.00
2000 Storm Water	521.82
1999 Taxes	1,349.48
1999 Vehicle Taxes	519.65
1999 Revit	0.00
1999 Vehicle Revit	0.00
1999 FVT	91.79
1999 Storm Water	159.62
1998 and Prior Taxes	426.51
1998 and Prior Vehicle Taxes	536.13
1998 and Prior Revit	0.00
1998 and Prior Vehicle Revit	0.00
1998 and Prior FVT	157.47
1998 and Prior Storm Water	106.97
Interest	35,928.65
Interest (Revit)	72.73
Interest (Storm Water)	2,196.06
Fayetteville Discount (Current)	0.00
Fayetteville Discount (Revit)	0.00
Total Collections	$1,270,192.85
3.	Contact information for the Cumberland County Delegation members of House of Representatives.
4.	Status reports on ongoing annexation projects.
5.	Chamber of Commerce Board of Directors – minutes of February 10, 2003.
6.	FACVB – minutes of January 9, 2003.
7.	Planning Department – monthly reports for January and February 2003.
MOTION:	Council Member Fogleman moved to adjourn the meeting.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (8-0)
	The meeting adjourned at 9:40 p.m.
SPECIAL MEETING
MARCH 31, 2003
FAYETTEVILLE CITY COUNCIL
SPECIAL MEETING
LAFAYETTE ROOM, CITY HALL
MARCH 31, 2003
6:00 P.M.
Present:	Mayor Marshall B. Pitts, Jr.
Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois A. Kirby (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Anne Fogleman (District 9)
Absent:	Council Member Juanita Gonzalez (District 8)
Others Present:	Roger L. Stancil, City Manager
			Karen M. McDonald, City Attorney
			Wick Smith
			Billy King, Cumberland County Commissioner
			Jason Brady, Public Information Officer
			Janet C. Jones, City Clerk
			Members of the Press
	Mayor Pitts called the meeting to order.
1.	Adopt a resolution in support of our Troops.
	Mayor Pitts presented this item.  He announced a formal celebration was being planned in support of our troops and there would be more information at a later date.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE IN SUPPORT OF OUR NATION’S ARMED SERVICES.  RESOLUTION NO. R2003-049.
MOTION:	Council Member Fogleman moved to adopt the Resolution in Support of our Troops.
SECOND:	Council Member Haire
VOTE:	UNANIMOUS (9-0)
2.	Proposal to Cumberland County Commissioners regarding sales tax distribution.
	Mayor Pitts presented this item.  He recommended as a good faith effort the Council approve a written proposal regarding the sales tax distribution for formal submission to the County Commissioners for further consideration.
	City Manager Roger Stancil inquired of the Council if they had any additions or comments regarding the proposal.
MOTION:	Council Member Worthy moved to amend the offer by asking the Council to round the reimbursement from $735,614.00 to $800,000.00.
SECOND:	Council Member Fogleman
	A discussion was held regarding clarification of the terms of the proposal and the effects of raising the dollar amount by approximately $65,000.00.
FRIENDLY AMENDMENT:
Council Member Keefe requested to make a friendly amendment to the motion that the reimbursement would not exceed $800,000.00.
	Mayor Pitts stated it was clear that the $735,614.00 was the amount determined between the bodies to make annexation harmless.  He expressed his opinion the additional $65,000.00 would not make a difference because the Chairman of the County Commissioners had stated he wanted a more substantial amount.
	Further discussion was held regarding the revised offer.
	Council Member Massey called the question.
	Mayor Pitts called for the vote.
VOTE:	UNANIMOUS (9-0)
	The following proposal was approved:
1.	The City Council accepted and endorsed the recommendation of the Cumberland Comprehensive Planning Committee at its March 10 meeting.  That action was forwarded to the County Commissioners before their March 17 meeting.  This proposal stated that the City would pay to the County an amount equal to the loss in sales tax revenue to the County’s General Fund, including schools, from the City’s annexation effective June 1, 2003.  This payment would include a 5.5 percent adjustment for the portion of the County General Fund budget spent on services not available to county taxpayers living in the City.  The Council reaffirms their acceptance of this proposal and commits to making such a payment as recommended.  Preliminary information indicates this to be a payment not to exceed $800,000.00, based on the information provided by the County in a chart dated October 14, 2002.
2.	The City Council will work with the Cumberland Comprehensive Planning Group and/or the County Commissioners to develop strategies for mitigating the effect of the City’s growth on the County’s revenues and services it provides to all County taxpayers.  If these alternative strategies are not developed and approved by the governing boards affected by December 31, 2003, the City understands that the County will change the sales tax formula effective with the budget year beginning July 1, 2004.
3.	The City Council reaffirms its intent to bring the urban area immediately surrounding the City into the City as soon as possible in order to provide urban services to the area to the benefit of the entire Cumberland County community.  The City will accomplish this within the requirements of the existing state laws related to annexation and will not seek special legislation for that purpose.  The Fayetteville urban area is currently defined as follows:
a.	All unincorporated areas existing within the current City limits.
b.	North from the current City limits to Kelly Springfield.
c.	West from the current City limits to the Hoke County line, north to Fort Bragg and south to Gates Four.
4.	With the commitment to bring the urban area into the City as soon as possible, the City reaffirms its commitment to the principles of the City-County conceptual agreement of 1994 and will retain the primary responsibility for providing water and sewer services to that urban area in partnership with its agency, PWC.
5.	The City also reaffirms its commitment to work through PWC to extend water throughout the county and to work with the county and other municipalities to extend sewer to those areas designated for urban level development.
MOTION:	Mayor Pro Tem Kendrick moved to adjourn the meeting.
SECOND:	Council Member Haire
VOTE:	UNANIMOUS (9-0)
	The meeting adjourned at 6:20 p.m.
REGULAR MEETING
APRIL 14, 2003
FAYETTEVILLE CITY COUNCIL
REGULAR MEETING
CITY HALL COUNCIL CHAMBER
APRIL 14, 2003
7:00 P.M.
Present:	Mayor Marshall B. Pitts, Jr.
Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3) (arrived at 7:31 p.m.); Darrell J. Haire (District 4); Lois A. Kirby (District 5); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Anne Fogleman (District 9)
Absent:	Mayor Pro Tem Mark C. Kendrick (District 6)
Others Present:	Roger L. Stancil, City Manager
			Karen M. McDonald, City Attorney
			Tiffanie Sneed, Assistant City Attorney
			Lisa Smith, Chief Financial Officer
			Jimmy Teal, Chief Planning Officer
			Steve Blanchard, PWC General Manager
			James Hall, Fire Chief
			Victor Sharpe, Interim Community Development Director
			Jason Brady, Public Information Officer
			Nicole S. Wright, Deputy City Clerk
			Members of the Press
INVOCATION - PLEDGE OF ALLEGIANCE
	The invocation was offered by Reverend Dave Holloway, Second Baptist Church, followed by Mayor Pitts leading in the Pledge of Allegiance to the American Flag.
RECOGNITION:
Proclamation for Community Development Week, April 21-27, 2003.
	Mayor Pitts proclaimed the week of April 21-27, 2003, as Community Development Week.
MAYOR’S ANNOUNCEMENTS:
	Mayor Pitts announced that Mary Deyampert, Adjunct Professor at Methodist College, was present with students who were studying public policy.
	Mayor Pitts stated volunteers were still needed for the Dogwood Festival and the Dogwood Festival Pageant would be held April 19, 2003, at the Crown Center.
	Mayor Pitts proclaimed that Festival of Flight would be occurring May 16-26, 2003, and they were desperately in need of volunteers.
	Mayor Pitts added there would be a spring conference entitled “The New Diversity” sponsored by the Hispanic-Latino Center of Fayetteville that would be held on Monday, April 21, 2003.
	A moment of silence was observed for the members of the military who were involved in the conflict and war overseas.
	Mayor Pitts reported that Mayor Pro Tem Kendrick had death in his family and would not be attending the meeting and Council Member Massey would be late.
	Mayor Pitts recognized the County Commissioners that were present.
1.	APPROVAL OF AGENDA
	City Manager Roger Stancil requested to add as Item 12.C. a closed session for economic development.  Mr. Stancil also requested that Council not consider the ordinance amendment in the agenda packet pertaining to Item 3.C., but rather after the public hearing Council should give staff direction on how they would like the ordinance to be amended.
	Mayor Pitts requested to add as Item 4.A. discussion of sales tax distribution and change the current Item 4. to Item 4.B.
MOTION:	Council Member Worthy moved to approve the agenda with the amendments.
SECOND:	Council Member Smith
VOTE:	UNANIMOUS (8-0)
2.	CONSENT:
MOTION:	Council Member Fogleman moved to approve the consent agenda.
SECOND:	Council Member Kirby
VOTE:	UNANIMOUS (8-0)
	The following items were approved:
A.	Approve minutes:
1.	Regular meeting of March 10, 2003.
2.	Regular meeting of March 24, 2003.
3.	Special meeting of March 31, 2003.
B.	Authorize Mayor to execute Annexation Agreement:
1.	King Model Homes Company. (PWC)
2.	March Riddle for Landsdown II development located on Dundle Road. (PWC)
C.	Approve the following financial matters:
1.	Award contract for purchase of Self-Contained Breathing Apparatus units to Newton’s Fire and Safety in the amount of $413,184.00.
	Bids were received as follows:
	C. W. Williams (Rocky Mount, NC) (Specification items not met)	$318,851.06
	Action Fire and Safety (Charlotte, NC) (Specification  items not met)	$404,599.66
	Newton’s Fire and Safety (Swepsonville, NC)	$413,184.00
	Johnson Fire & Safety Systems (Lake City, SC)  (Specification items not met)	$438,148.00
2.	Approve bid award for Annual Transformer Contract to Ermco, c/o National Transformer Sales, in the amount of $735,844.00. (PWC)
	Bids were received as follows:
	Ermco, c/o National Transformer Sales (Raleigh, NC)	$735,844.00
	Howard Industries, c/o Richardson & Associates (Kenly, NC)	$744,701.60
	Rigby Electric (Rocky Mount, NC)	$822,602.00
D.	Approve rezoning request:
1.	P03-07F.  Approve the rezoning from R5 Residential District to R10 Residential District or to a more restrictive zoning classification for 26 residential lots contained within the Castle Rising Subdivision located on the northern side of Cliffdale Road.  (Action items approved by City Council for Glensford Study Area.)
E.	Approve sign permit for Home Builders Association of Fayetteville's Parade of Homes.
F.	Authorize Manager to negotiate a Site Agreement for a Farmers’ Market.
3.	PUBLIC HEARINGS:
A.	P03-009F.  Consider the rezoning from C1 Local Business District to C3 Heavy Commercial District or to a more restrictive zoning classification for property located at 2008 Ramsey Street.  Containing .14 acres more or less and being the property of Anthony W. Strickland as evidenced by deed recorded in Deed Book 3761, page 0323, Cumberland County Registry.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  Mr. Teal reviewed the case by citing the existing zoning, existing land use, adjoining land use and zoning, and the 2010 Land Use Plan.  He explained the rezoning request was coming before Council because the Planning staff recommended denial of the rezoning to C3 because it was inconsistent with the surrounding zoning and land use and the 2010 Land Use Plan and the Zoning Commission voted unanimously to approve the rezoning to C3.
	This is the advertised public hearing set for this date and time.  There was no one present to speak and the public hearing opened and closed at 7:25 p.m.
	Council Member Massey arrived at 7:29 p.m.
	Council Member Kirby expressed her concern regarding spot zoning and inquired if there was any other zoning class option besides C3.  Mr. Teal responded there was no other option for a small engine repair business, which was what the applicant wanted to do.
	Council Member Haire inquired if adult entertainment could be placed at this property.  Mr. Teal responded in the negative.
	Council Member Keefe inquired what the setbacks were for a zoning class of 3C.  Mr. Teal responded 35 feet.  Council Member Keefe stated the property would not allow alot of parking and with the setbacks a big building on this property would not be feasible, so it would be hard for the applicant to run a big business.  Council Member Keefe asked that Council be reasonable.
	Council Member Gonzalez asked what was the applicant currently doing at this site.  Mr. Teal responded the applicant was selling lawnmowers and not repairing them.
	Council Member Smith inquired if this would be spot zoning.  Mr. Teal responded in the affirmative, but added that it would be referred to as “reasonable” spot zoning.
	Council Member Gonzalez stated she had concerns with any spot zoning because you also had to think of future usage of the property.  Council Member Gonzalez also stated she would like for Council to take note that the Planning staff recommended denial of the rezoning and consideration needed to be given to the reason why Council had plans and staff.
	Council Member Keefe stated the Zoning Commission looked at this case and its issues and concluded the rezoning would be reasonable spot zoning and that was why their vote was unanimous.
	Mayor Pitts asked what happened at the meeting and why the Zoning Commission voted this way.  Ms. Tiffanie Sneed, Assistant City Attorney, responded the surrounding land uses of the property were very persuasive.
MOTION:	Council Member Keefe moved to approve the rezoning of the property to C3 Heavy Commercial District.
SECOND:	Council Member Worthy
VOTE:	PASSED by a vote of 6 in favor to 3 in opposition (Council Members Gonzalez, Kirby, and Haire)
B.	P03-010F.  Consider the rezoning from R6 Residential District to P2 Professional District or to a more restrictive zoning classification for property located at 2318 Fort Bragg Road.  Containing .46 acres more or less and being the property of George M. Rose and J. Gary Ciccone Partnership as evidenced by deed recorded in Deed Book 5846, page 0339, Cumberland County Registry.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  Mr. Teal reviewed the requested action, the existing zoning, the adjoining land use and the 2010 Land Use Plan for the property.  He stated this item was before Council because the Planning staff recommended denial of the rezoning based on surrounding zoning, land use, and the 2010 Plan, whereas the Zoning Commission voted 3 in favor to 2 in opposition in favor of approving the rezoning to P2.
	This is the advertised public hearing set for this date and time.  The public hearing opened at 7:35 p.m.
	Ms. Jana Berg, 115 E. Russell Street, Fayetteville, NC, spoke in favor of the rezoning.
	There being no one further to speak, the public hearing closed at 7:40 p.m.
MOTION:	Council Member Kirby moved to approve the rezoning of the property to P2 Professional District.
SECOND:	Council Member Worthy
VOTE:	PASSED by a vote of 8 in favor to 1 in opposition (Council Member Fogleman)
C.	Consider revisions or deletions to Chapter 30, Zoning, Article VIII, Advertising and Sign Regulations, Section 30-259(4), community street banner (Amending or deleting the displaying of community street banners).
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  Mr. Teal gave an overview of the case that included a display and explanation of the community street banner.  Mr. Teal stated that both the Appearance and Planning Commissions initially supported the idea of the banners but since it had not accomplished the attractiveness that was intended, they wanted to repeal the ordinance and this was the focus of the public hearing tonight.
	This is the advertised public hearing set for this date and time.  There was no one present to speak and the public hearing opened and closed at 7:55 p.m.
	Council Member Massey inquired if the concern of the Commissions was with the banners themselves or the concept of the banners.  Mr. Teal responded the banners and their attractiveness.
	Council Member Massey stated he had seen several communities that had banners and they were very attractive.  He stated his main question and concern was is it these particular banners or the general concept of banners that was presenting the problem.
	Mayor Pitts concurred with Council Member Massey adding that if the banners were done correctly, they could have a positive impact, however, he would like for Council to take over the permitting process for the banners.
	Council Member Fogleman stated she noticed one concern was overhead wiring and most other communities did not have overhead wiring.  Council Member Fogleman added that she felt that banners did not enhance the community and until the City could afford to put wiring underground, Council may want to hold off on this program.
	Council Member Keefe stated he felt this issue was getting confused and that the banners could help the image of the City, but the issue gets confused when advertising comes into play, adding that communities could advertise but businesses could not.  Council Member Keefe then stated that the banners could enhance when they were placed correctly and attractively.
	Council Member Worthy stated that beauty was in the eye of the beholder and he supported the banner program, adding Council just needed to monitor the length of time that the banners could be displayed.
	Council Member Smith stated the banners were pretty and she liked them, adding if the program was handled right, the banners would be very attractive.
	Council Member Gonzalez stated the banners were very pretty when placed appropriately but she wanted this item to go to a group that would give direction because she felt this was not a fair program.
MOTION:	Council Member Massey moved to retain the existing ordinance with the City Council being in direct control of what goes up, how long it stays up, and all of the perimeters set therefore in while at the same time doing a study of the program.
SECOND:	Council Member Worthy
	Council Member Keefe asked for clarification on the motion.  He added that he felt the motion was inconsistent with the present banner ordinance.
	Mayor Pitts stated this would have to be a blanket venture adding that he did not think they would be able to legally permit on a case-by-case basis.
	Council Member Massey clarified that he had not meant to imply that Council should pick and choose, but he meant that he wanted the banner ordinance that was in place right now to remain intact.
SUBSTITUTE MOTION:
Council Member Gonzalez moved to send this issue to the Development Committee.
SECOND:	Council Member Fogleman
VOTE:	PASSED by a vote of 5 in favor to 4 in opposition (Council Members Smith, Keefe, Massey and Worthy)
4.A.	Discussion of the sales tax distribution issue.
	City Manager Roger Stancil reviewed the manner in which several other urban counties were addressing sales tax distribution.  He provided Council a handout that showed details of the ways other counties handled sales tax distribution along with six options, one of which he would be suggesting Council propose to the County Commissioners.  Mr. Stancil stated that based on the information he had gathered, he suggested Option 6 that the City make a counteroffer to hold itself “harmless” for a $1.4 million loss in reimbursements, then give the County a net gain in additional ½ cent sales tax as the proposal.  Mr. Stancil cited one reason for his choice in proposals as being it was possible to document and track sales receipts and this option was flexible.
	Council Member Keefe applauded Council for the formulation of the significant proposals.  He stated he had a concern that other counties agreed to a 50/50 split of the sales tax and Fayetteville was willing to give 100 percent.  He added that Option 4 looked good to him.  He then inquired if the 50/50 split option had been rejected by the County.  Mr. Stancil responded that time was running short and he wanted to make the best offer possible and Option 4 was rejected by him because it would result in one enormous payment to the County.
	Council Member Smith stated she realized quite a bit of time and effort had been put into this proposal and she felt that Mr. Stancil make his recommendation as a good faith effort and it was done in a fair manner, adding she would be supporting the motion.
	Mayor Pitts stated everyone was aware that everyone was suffering from the financial crisis.  He added that the County Commissioners had a responsibility to their constituents as well as Council to theirs.  He then stated he felt annexation was the main issue and felt that the proposed payment of $1,849,771.00 would cover the negative impact of annexation.  He also added that the option Mr. Stancil recommended was formula based as well as flexible and he was very comfortable with this proposal.
MOTION:	Council Member Fogleman moved to adopt Option 5 which was that the City make a counteroffer to hold itself harmless for $1.4 million loss in reimbursements, and give the County the net gain in additional 1/2 cent sales tax.
SECOND:	Council Member Gonzalez
VOTE:	UNANIMOUS (9-0)
4.B.	Consideration of approval of Planned Neighborhood Development (PND) plan for Kings Grant Subdivision.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  Mr. Teal gave the definition of PND and what was allowed in a PND.  He gave comparisons dealing with the original plan and the revised plan, which was currently before Council.  Mr. Teal stated that it was recommended that a neighborhood meeting or public hearing be held prior to action on this item.  Mr. Teal then stated this area was going to be developed, it was just a matter of whether it was going to be developed commercially or residentially, adding that if the PND was denied, the neighborhood would have to remain residential.
MOTION:	Council Member Gonzalez moved to have Council and staff conduct a neighborhood meeting before any action was taken.
SECOND:	Council Member Kirby
	Council Member Worthy inquired why not a public hearing instead of a neighborhood meeting because someone else may have the same circumstances in the very near future so why confine the meeting to just one neighborhood.
SUBSTITUTE MOTION:
Council Member Smith moved to have a public hearing instead of a neighborhood meeting.
SECOND:	Council Member Worthy
	Council Member Gonzalez stated she felt a neighborhood meeting would be easier for the residents and she felt that a two-way dialogue would be much better.
	Council Member Keefe stated that he had spoken to several people who should be involved with this case and those people were unaware of what was transpiring.
VOTE:	UNANIMOUS(9-0)
5.	Monthly Commissioner Report from Public Works Commission.
	Mr. Steve Blanchard, PWC General Manager, presented this item.  Mr. Blanchard reviewed the activities and monthly progress of the Public Works Commission.
6.	Team Fayetteville presentation of the 2002-2003 Economic Development Plan for Greater Fayetteville.
	Ms. Lynne B. Greene, Chairman of “Team Fayetteville”, presented this item.  Ms. Greene gave an update and reviewed specific goals and accomplishments of the plan.
7.	Presentation of Festival Park Business and Master Plan.
	Mr. Eric Lindstrom, Shuller Ferris Lindstrom & Associates, presented this item.  Mr. Lindstrom gave an update on the designing plan for the Fayetteville Festival Park.
	Mr. Duncan Webb, Webb Management Services, Inc., reviewed the needs assessments, recommendations, business plan scope and facility operating goals of the Festival Park Business and Master Plan.
8.	Consider request to address City Council from Robert C. Anderson regarding support for our troops.
	Mr. Robert C. Anderson stated that the City of Fayetteville should be in the forefront and take the lead when it comes to supporting the troops that were involved in the war overseas and also take the lead when it comes to welcoming the troops when they returned home.
9.	Consider items for referral to the City-County Liaison Committee (Meeting to be held April 24, 2003).
	Council Member Smith stated that there was a question as to whether there was a quorum present at the last meeting, and it had been determined that there was a quorum and everything was in order at that meeting.
	Mayor Pitts referred for discussion at the next City-County Liaison Committee Meeting the municipal influence areas and extra-territorial jurisdiction.
10.	Refer to the Council Development Committee the One-Stop Senior Citizens Center at Mazarick Park for discussion and recommendations to City Council.
MOTION:	Council Member Smith moved to refer to the Council Development Committee the One-Stop Senior Citizens Center at Mazarick Park for discussion and recommendations to City Council.
SECOND:	Council Member Kirby
VOTE:	UNANIMOUS (9-0)
11.	BOARDS AND COMMISSIONS:
Information
A.	Board of Appeals on Dwellings and Buildings - 3 Vacancies
12.	ADMINISTRATIVE REPORTS
A.	Report on Person Street lighting questions.
B.	Update on Municipal Service District.
C.	Closed Session to discuss economic development.
MOTION:	Council Member Smith moved to go into closed session.
SECOND:	Council Member Fogleman
VOTE:	UNANIMOUS (9-0)
	The closed session began at 9:55 p.m.
	The regular session resumed at 10:10 p.m.
INFORMATION ITEMS:
1.	Cost Summary of Prior Fayetteville Annexations.
2.	Press release announcing selection of President/CEO of the Cumberland County Business Council.
3.	Information regarding NC Comprehensive Military Resource Center.
4.	Information regarding Implementation Plan for MetroVisions Effort for 2003.
5.	Chamber of Commerce – minutes of Board of Director meeting held January 13, 2003.
6.	Office of Professional Standards and Inspections – reports for January and February 2003 and Annual Report for 2002.
7.	ASOM – minutes of February 27, 2003.
8.	PWC – minutes of February 12 and March 26, 2003.
9.	Letters from Downtown Development Corporation Board of Directors and the Downtown Alliance President expressing concerns over the possible elimination of mounted police from the Fayetteville City Police Department.
10.	Update on ongoing annexation projects.
MOTION:	Council Member Smith moved to adjourn the meeting.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (9-0)
	The meeting adjourned at 10:11 p.m.
EMERGENCY MEETING
APRIL 21, 2003
FAYETTEVILLE CITY COUNCIL
EMERGENCY MEETING
LAFAYETTE ROOM
APRIL 21, 2003
6:00 P.M.
Present:	Mayor Marshall B. Pitts, Jr.
Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois A. Kirby (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Anne Fogleman (District 9)
Present via
Telephone:	Council Member Juanita Gonzalez (District 8)
Others Present:	Roger L. Stancil, City Manager
			Karen M. McDonald, City Attorney
			Lisa Smith, Chief Financial Officer
			County Commissioner Kenneth S. Edge
			County Commissioner Billy R. King
			Jason Brady, Public Information Officer
			Janet C. Jones, City Clerk
			Members of the Press
	Mayor Pitts called the meeting to order at 6:05 p.m.  He informed the Council that Council Member Gonzalez would be participating in the meeting via the telephone and would be able to make audible comments to the Council.
1.	Proposal to Cumberland County Commissioners regarding sales tax distribution.
	City Manager Roger Stancil informed the Council he did not believe there was a majority of Commissioners ready to accept the Council’s current formula proposal because the County had a serious interest in defining an absolute payment amount versus a formula.  He stated that the County Manager was in agreement to recommend to the Commissioners the following proposal:
PROPOSAL TO CUMBERLAND COUNTY COMMISSIONERS
IN CONSIDERATION FOR KEEPING THE SALES TAX DISTRIBUTION
FORMULA ON THE PER CAPITA BASIS FOR FY 2003-04
April 21, 2003
1.	The City will make payment to the County of $2.1 million from the proceeds of the new Article 44 one-half cent sales tax, attributable to FY 2004 sales tax collections.  Since the state authorized that one-half cent sales tax to offset the loss in reimbursements, the City will first retain proceeds from this tax in an amount equal to the lost reimbursements ($1.4 million).  The City will then remit to the County all revenue from that one-half cent sales tax, as it is received, until the total equals $2.1 million.  When that amount is reached, payments from the City to the County will cease and obligations under this agreement are met.  If the receipts from the one-half cent sales tax do not yield $2.1 million, the City will make a payment from other sources to cause total payments to the County under this agreement to equal $2.1 million.
2.	The City Council will work with the Cumberland Comprehensive Planning Group and/or the County Commissioners to develop strategies for mitigating the effect of the City’s growth on the County’s revenues and services it provides to all County taxpayers.  If these alternative strategies are not developed and approved by the governing boards affected by October 31, 2003, the City understands that the County will change the sales tax formula effective with the budget year beginning July 1, 2004.
3.	The City Council reaffirms its intent to bring the urban area immediately surrounding the City into the City as soon as possible in order to provide urban services to the area to the benefit of the entire Cumberland County community.  The City will accomplish this within the requirements of the existing state laws related to annexation and will not seek special legislation for that purpose.  The Fayetteville urban area is currently defined as follows:
a.	All unincorporated areas existing within the current City limits.
b.	North from the current City limits to Kelly Springfield.
c.	West from the current City limits to the Hoke County line, north to Fort Bragg and south to Gates Four.
4.	With the commitment to bring the urban area into the City as soon as possible, the City reaffirms its commitment to the principles of the City-County conceptual agreement of 1994 and will retain the primary responsibility for providing water and sewer services to that urban area in partnership with its agency, PWC.
5.	The City also reaffirms its commitment to work through PWC to extend water throughout the county and to work with the county and other municipalities to extend sewer to those areas designated for urban level development.
	Council Member Massey stated it was his opinion this offer was still predicated on the County switching the formula and the only difference was the change being made in the payment.
	Council Member Keefe stated he felt the Council was opening the door for more negotiations next year and he had a concern that the payment penalty would be raised.
	Mr. Stancil replied that the agreement only allowed negotiation until October 31, 2003, and if no deal had been reached by that time, the formula would be changed by the County.
	Mayor Pro Tem Kendrick expressed his reluctance to send a counteroffer when the last offer had not been presented to the Commissioners for official action.  He stated he did not feel the City had any bargaining power and the County could take whatever they wanted.  Mayor Pitts stated he had the same concerns.
MOTION:	Council Member Kirby moved to offer the Commissioners the $2.1 million proposal.
SECOND:	Council Member Haire
	Council Member Keefe stated it was inappropriate to put another motion on top of a motion that had been unanimously passed at a public Council meeting and that offer should be accepted or rejected before the Council makes a counteroffer.  He stated he did not understand making a second offer before getting an answer to the first offer.
	Council Member Kirby stated she felt Council Member Keefe had a valid point, but she did not want to see job layoffs and the cutback of services and therefore she was going to support the motion.
	Council Member Smith stated she felt the City was being pressured to accept this offer, but if nothing was done tonight, then there would be no time to do anything else.  She stated she felt the current proposal would be the best thing for the citizens.
	Council Member Worthy stated he would vote to support the motion but he wanted the record to show that his integrity had been jeopardized because he felt he was being held hostage and he would not go beyond this vote tonight and would not discuss this issue any further because extortion was illegal and wrong.
	A discussion was held regarding the reduction in the levels of service in the mounted and park patrols, parks and recreation services, and solid waste services.
	Mr. Stancil stated that under the new proposal, he felt there would be no layoffs but there would be reductions in the level of service in the Solid Waste and Parks and Recreation Departments.  He added that public safety was about 60 percent of the total budget and given the current climate of fear, he did not feel it should be reduced.
	Council Member Gonzalez stated she could not support the motion because it was wrong to put forth a new offer when the original offer had never gotten to the Commissioners for formal action.
	Mayor Pro Tem Kendrick stated he hoped that if the County Commissioners ever wanted to send an item to the City Council for discussion, that the Council would not say it was not worthy enough to come before them for discussion.
	Council Member Fogleman stated that Council had no choice because of the time factor involved in this issue.
	Mayor Pitts reminded everyone that this was a short-term fix until the City could get its plan worked out, and if the Commissioners turned this proposal back, then it would be their problem.  Mayor Pitts stated it would not be the same thing next year because the City would come up with their own plan to address the shortfall issue.
	Mayor Pitts called for a vote on the motion.
VOTE:	PASSED by a vote of 8 in favor to 2 in opposition (Council Members Keefe and Gonzalez)
MOTION:	Council Member Smith moved to adjourn the meeting.
SECOND:	Council Member Fogleman
VOTE:	UNANIMOUS
	The meeting adjourned at 6:42 p.m.
REGULAR MEETING
APRIL 28, 2003
FAYETTEVILLE CITY COUNCIL
REGULAR MEETING
CITY HALL COUNCIL CHAMBER
APRIL 28, 2003
7:00 P.M.
Present:	Mayor Marshall B. Pitts, Jr.
Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois A. Kirby (District 5) (left upon completion of Item 8, no time noted); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Anne Fogleman (District 9)
Others Present:	Roger L. Stancil, City Manager
			Karen M. McDonald, City Attorney
			Tiffanie Sneed, Assistant City Attorney
			Lisa Smith, Chief Financial Officer
			James Rose, PWC Support Services
			James Hall, Fire Chief
			Frank Simpson, Inspections Director
			Victor Sharpe, Interim Community Development Director
			Jason Brady, Public Information Officer
			Janet C. Jones, City Clerk
			Members of the Press
INVOCATION - PLEDGE OF ALLEGIANCE
	The invocation was offered by Reverend James Merkel, Sovereign Grace Fellowship Church, followed by Mayor Pitts leading in the Pledge of Allegiance to the American Flag.
MAYOR’S ANNOUNCEMENTS:
Special Events
	Mayor Marshall B. Pitts, Jr., issued a challenge to Mobile, Alabama’s Mayor Mike Dow regarding the outcome of the NBDL Championship.  Mayor Pitts’ challenge was that if the Mobile Revelers won, then Mayor Pitts must wear a Revelers jersey and sing “Sweet Home Alabama” at the next City Council meeting.  If the Patriots won, then Mayor Dow must wear a Patriots jersey and sing “Oh My Sweet Carolina” at his next City Council meeting.
	Mayor Pitts lost the bet and performed the song “Sweet Home Alabama”.
	Mayor Pitts thanked the Dogwood Festival Committee for a job well done and reminded everyone of the upcoming Festival of Flight.
	Council Member Smith invited everyone to the dedication and ribbon cutting service for the East Side Park on May 3, 2003.
	Mayor Pitts reminded everyone of the National Day of Prayer to be held on May 1, 2003, and the memorial service for servicemen to be held May 26, 2003, at City Hall.
	A moment of silence was observed for the servicemen involved in the conflict in Iraq.
1.	APPROVAL OF AGENDA
MOTION:	Council Member Smith moved to approve the agenda.
SECOND:	Mayor Pro Tem Kendrick
VOTE:	UNANIMOUS (10-0)
2.	PUBLIC FORUM:
	Ms. Pamela E. Waller, 5789 Foxtrot Drive, Fayetteville, NC, requested the intersection at Ray Avenue and Maiden Lane be reviewed.  Ms. Waller stated that since the stop light had been removed and stop signs had been put up, she had almost been involved in three automobile accidents.  She asked that the stop light be put back up or larger stop signs be used.
	City Manager Roger Stancil stated this was a project in progress and was part of the Festival of Flight.  He assured Ms. Waller the signs would be re-assessed for safety issues.
3.	CONSENT:
	Council Member Keefe requested to pull Items 3.B.2, 3.D.2, and 3.D.3 for discussion.
MOTION:	Council Member Smith moved to approve the consent agenda with the exception of the items pulled for discussion.
SECOND:	Council Member Massey
VOTE:	UNANIMOUS (10-0)
	The following items were approved:
A.	Approve minutes:
1.	Regular meeting of April 14, 2003.
2.	Emergency meeting of April 21, 2003.
B.	Approve the following financial matters:
1.	Tax refunds greater than $100.00.
	Name	Year	Basis	City Refund
	Joyner, Carroll E.	1998-1999	Clerical Error	$543.63
		2001-2002
	Total			$543.63
2.	Pulled for discussion by Council Member Keefe.
3.	Award contract to Resurface Various Streets, 2003, to Barnhill Contracting Company of Fayetteville in the amount of $1,200,510.97.
	Bids were received as follows:
	Barnhill Contracting Company (Fayetteville, NC)	$1,200,510.97
	APAC Carolina; Barrus (formerly APAC Crowell) (Fayetteville, NC)	$1,512,354.56
C.	Adopt ordinance to demolish property located at 416 Old Wilmington Road, PIN 0437-70-861.  (Owner:  John David Torrey and Alyce Luzetta Torrey).
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. NS2003-007.
D.	Approve property agreements:
1.	Tri-Party Agreement for Blanton Green II
	Blanton Green II is a 32-unit apartment project that has been previously approved by the City.  The City has committed to loan $380,000.00 for the Blanton Green II Apartment project.  The City’s loan is a permanent/construction loan scheduled to be distributed in the amount of $190,000.00 in the 2002-2003 and 2003-2004 fiscal years.  The subject Tri-Party Agreement for Blanton Green II is between Wachovia Bank, the City of Fayetteville, and Blanton Green II Associates Limited Partnership.
2.	Pulled for discussion by Council Member Keefe.
3.	Pulled for discussion by Council Member Keefe.
B.2.	Purchase of Digital Recording System for City Communications Division of the Fire Department from Sprint Carolina Telephone in the amount of $100,546.00.
	Council Member Keefe inquired if the recording system would transfer to the Police Department.
	City Manager Roger Stancil stated the equipment would stay with the Communications Division.
	Bids were received as follows:
	Coastal Systems, Inc. (non-compliant)	$63,576.00
	Sprint Carolina Telephone	$100,546.00
	Dictaphone Corporation	$135,232.10
	Verizon	$200,088.36
D.2.	Lease Agreement with Sprint PCS for Antenna Attachment.  (PWC)
	Council Member Keefe inquired if the neighborhoods had been notified of the addition to the tower.  Mr. James Rose, PWC Support Services, explained that this antenna was being placed on a co-share basis to a ten-year existing pole.
	Mayor Pro Tem Kendrick noted that multiuse was exactly what the Council had directed to be done.
D.3.	Lease Agreement with R. Jonathan Charleston, PA, for office space in the Robert C. Williams Business Center.
	Council Member Keefe inquired if this lease included utilities and janitorial services.
	Mr. James Rose, PWC Support Services, responded that in this case the utilities and janitorial services were included in the ten-year lease.
MOTION:	Council Member Worthy moved to approve the three items that had been pulled by Council Member Keefe.
SECOND:	Council Member Haire
VOTE:	PASSED by a vote of 9 in favor to 1 in opposition (Council Member Gonzalez)
4.	PUBLIC HEARINGS:
A.	Consider the Bonnie Doone Redevelopment Plan.
	Mr. Victor Sharpe, Interim Community Development Director, presented this item.  Mr. Sharpe stated this study was being presented to City Council as a public hearing and as required by the North Carolina General Statutes, the City’s Redevelopment Commission had the responsibility to prepare a redevelopment plan that must be certified by the Planning Commission as a redevelopment area.  The Redevelopment Commission held a public hearing on this plan and forwarded it to the Planning Commission with a recommendation of approval.  The Planning Commission subsequently certified the area as a redevelopment area and approved the Bonnie Doone Redevelopment Plan.
	Mr. Sharpe recommended approval based on the recommendations of the Redevelopment Commission and the Planning Commission.
	Mr. Sharpe introduced Mr. James Williams with HDR, Inc., who presented the Bonnie Doone Redevelopment Plan.
	Mr. Williams explained the plan must introduce new concepts for the physical community, foster a transformation of environment, and instill pride and community spirit.  He stated to meet this goal, the plan centered on the following five strategic components:
 1.	Community Ownership
 2.	Public/Private Partnership
 3.	Housing and Physical Development
 4.	Economic Development
 5.	Human Investment
	Mr. Williams made the following recommendations for the Redevelopment Plan:
 1.	Mixed Use Neighborhood Center
 2.	Elementary School
 3.	Active Recreation Park
 4.	Single-Family Residential
 5.	Passive Recreation Park
 6.	Neighborhood Retail/Residential
 7.	Mixed Use Office/Retail
 8.	Multi-Family Residential
 9.	Residential Infill
10.	Pocket Park
	A discussion was held regarding the need to remove the dilapidated housing and setting this as a top priority with an emphasis being placed on cleaning up the area, supporting the Inspections Department, and implementing tough code enforcement.
	This is the advertised public hearing set for this date and time.  The public hearing opened at 8:04 p.m.
	Mr. William C. Klaiber, 3394 Green Valley Road, Fayetteville, NC; Ms Pamela E. Waller, 5789 Foxtrot Drive, Fayetteville, NC; and Mr. Larry Barner, 337 Rhew Street, Fayetteville, NC, appeared in support of the Redevelopment Plan.
	There being no one further to speak, the public hearing closed at 8:17 p.m.
MOTION:	Council Member Haire moved to accept the Bonnie Doone Redevelopment Plan.
SECOND:	Council Member Gonzalez
VOTE:	UNANIMOUS (10-0)
B.	Consider the Massey Hill Redevelopment Plan.
	Mr. Victor Sharpe, Interim Community Development Director, presented this item.  Mr. Sharpe stated the Massey Hill Redevelopment Plan had followed the same procedures used for the last public hearing item.  He recommended approval of the Plan based on the recommendations of the Redevelopment Commission and the Planning Commission.
	Mr. Sharpe introduced Mr. Alan Harwood with EDAW, Inc.  Mr. Harwood presented the Massey Hill Redevelopment Plan.  Mr. Harwood stated it was important to prioritize recommendations and designate a set of “first actions” that would get the process started in the right direction immediately and to demonstrate early and visible success and to serve as a foundation and catalyst for subsequent recommendations.  He recommended the following actions:
 1.	Strengthen the community.
 2.	Establish a village green.
 3.	Enhance the community gateway.
 4.	Activate the victory mill area.
 5.	Redevelop the Ferndale Road area.
	Mr. Harwood gave the following list of recommended actions to continue the momentum established by the first actions:
 1.	Reuse the warehouse building for loft apartments or as senior living units.  The structure could also be used for commercial/institutional office space.
 2.	Establish a northern gateway with a triangular park and screen industrial areas with suitable vegetation.
 3.	Rezone the northern portion of the community near Southern Avenue to allow homes to be used as offices for professional services.
 4.	Reorganize the existing commercial uses into a cohesive neighborhood convenience retail center.
 5.	Expand the Classical High School facilities that can be shared with the community by developing active recreation and sports facilities on adjacent vacant land.  Create a well-landscaped triangular park in front of the high school.
 6.	Improve Gillespie Street intersections and create an eastern gateway with landscaped pocket parks.
 7.	Consolidate and improve the commercial uses along Owen Drive to displace undesirable uses.
 8.	Develop the vacant county land adjacent to the elementary school as an innovative education and recreation park to enhance school’s reputation and ability to attract new residents.
 9.	Develop new medium- and high-density housing in a variety of types and styles to attract new residents.
10.	Create access across the railroad to include Waterless Street development as part of Massey Hill Community.  Develop new high-density residential units (condos and apartments) in high traffic areas.
11.	Develop the floodplain area near Blounts and Branson Creeks as a passive park with water detention and other flood management measures.
	This is the advertised public hearing set for this date and time.  There was no one present to speak and the public hearing opened and closed at 8:40 p.m.
MOTION:	Mayor Pro Tem Kendrick moved to adopt the Plan.
SECOND:	Council Member Smith
VOTE:	UNANIMOUS (10-0)
5.	P03-09F.  Consider the rezoning from C1 Local Business District to C3 Heavy Commercial District or to a more restrictive zoning classification for property located at 2008 Ramsey Street.  Containing .14 acres more or less and being the property of Anthony W. Strickland as evidenced by deed recorded in Deed Book 3761, page 0323, Cumberland County Registry.  [Second Reading – Vote only.  No discussion per City Code Section 2-4(f)]
	This is the second reading and pursuant to City Code Section 2-4(f) no discussion could be held.
MOTION:	Council Member Keefe moved to follow the recommendations of the Zoning Commission for approval of the request for C3 zoning.
SECOND:	Council Member Massey
VOTE:	PASSED by a vote of 8 in favor to 2 in opposition (Council Members Gonzalez and Haire)
6.	Consider contract to Cherry, Bekaert & Holland for audit of accounts for FY 2002-2003 for a professional fee not to exceed $85,000.00
	Ms. Lisa Smith, Chief Financial Officer, presented this item.  She reviewed the history of the bidding process and recommended a contract be awarded to Cherry, Bekaert & Holland for the Fiscal Years 2003 through 2005.
	Ms. Smith stated that while Cherry, Bekaert & Holland’s fee was not the lowest, the Committee believed this firm was in the best position to provide the complex audit services required for the City of Fayetteville, including its Public Works Commission.  She stated Cherry, Bekaert & Holland has audited the City’s financial statements since FY 1991 and their service during this period has been excellent.  She explained the firm had provided comprehensive services and had delivered them on a timely basis.  Ms. Smith pointed out that Cherry, Bekaert & Holland had stated in their proposal that it would subcontract with the firm of David C. Hinton, CPA, a certified Minority/Women Business Enterprise.
	A discussion was held regarding whether there was a rotation system used for awarding this contract.  Ms. Smith replied there was no requirement to rotate.
	Council Member Haire stated that attention should be given to contracting with businesses within the City that work with minority business enterprises.
	A discussion was held regarding the timeframe used for the bidding and the consensus of the Council was that because of the April 15 tax deadline, there needed to be a longer window of opportunity for accounting firms to prepare their bids.
MOTION:	Mayor Pro Tem Kendrick moved to authorize the Mayor to execute the contract.
SECOND:	Council Member Worthy
VOTE:	PASSED by a vote of 9 in favor to 1 in opposition (Council Member Haire)
7.	Update of the Joint Land Use Study with Fort Bragg.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  He gave a history of the development of the Joint Land Use Study with Fort Bragg.
	Mr. Teal stated he supported and endorsed the plan with the exception of the proposal to request legislative action by the General Assembly in the 2003 Session regarding bills that would prohibit more than one unit per ten acres and water and sewer service in critical and important areas.  Mr. Teal advised that although this legislation would have little or no effect on the City since land within the City was listed as urban, he was concerned about the rush to get legislature passed in the 2003 Session because he believed the staff of the North Carolina League of Municipalities and the North Carolina Association of Counties should have the opportunity to study this proposal before any action is taken by the General Assembly.  Mr. Teal added that the proposed bill would affect all military bases in North Carolina.
	Mr. Teal presented the following options with the recommendation that Option 2 be adopted because the proposed bills diminished zoning and land regulation authority that had traditionally been the purview of local governments.
 1.	Approve the resolution in support of the plan.
 2.	Approve the resolution with the caveat that the North Carolina League of Municipalities and the North Carolina Association of Counties are given an opportunity to review and comment on the proposed legislation before it is submitted to the North Carolina General Assembly for action.
 3.	Do not approve the resolution.
	Mr. Teal introduced Mr. Jim Dougherty, NC Division of Community Assistance, to review the proposed plan.  Mr. Dougherty presented recommendations on the following categories:
 1.	Real estate disclosure statements.
 2.	Urban encroachment.
 3.	Water and sewer extension policies.
 4.	Military actions.
 5.	Aircraft low-level routes and low-altitude tactical navigation area.
 6.	Transportation policies.
 7.	Urban light pollution.
 8.	Building code revisions.
 9.	Broadcasting, telecom, and other towers.
10.	Recreational multiuse trail.
	Mr. Dougherty stated he was seeking an approval of the proposed plan (a detailed copy of this report can be found in the City’s Planning Department).
	A discussion was held regarding the recommendations.  City Manager Roger Stancil stated this was a plan for future development and he expressed his support of the plan with a provision that the North Carolina League of Municipalities and the North Carolina Association of Counties be provided with the opportunity to review and comment on the proposed legislation before action is taken by the North Carolina General Assembly.
RESOLUTION OF SUPPORT FOR THE FORT BRAGG/POPE AIR FORCE BASE REGIONAL LAND USE ADVISORY COMMISSION JOINT LAND USE STUDY (JLUS).  RESOLUTION NO. R2003-050.
MOTION:	Council Member Gonzalez moved to accept Mr. Stancil’s recommendation.
SECOND:	Council Member Kirby
VOTE:	UNANIMOUS (10-0)
8.	Consider actions related to appeal and collection of civil citations:
A.	Appeal of civil penalties.
	City Attorney Karen McDonald presented this item.  Ms. McDonald explained that in 2001 the Council had created an appeals process for citations issued for solid waste and inspection violations, which included a hearing before an administrative officer who was not a City employee.  She explained that this process had worked well and in order to ensure consistency throughout the City Code, she was recommending all civil citations be placed under the same appeals process and the ordinance be amended to reflect the change.  Mrs. McDonald reviewed the appeals process in its entirety.
	A discussion was held regarding the neutrality of the hearing officers.
	Council Member Worthy requested a synopsis of the ordinance violations to include the results of the appeals to the hearing officers.  He stated that if the mediator had sided with the City, it would show up and that information was needed.
	Council Member Massey inquired if the Environmental Court Program would aid or be detrimental to the process.
	Ms. McDonald stated the Environmental Court Program would be aimed at orders of abatement and would not interfere with the appeals process.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 1-9, APPEAL OF CIVIL PENALTIES, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA.  ORDINANCE NO. S2003-006.
MOTION:	Council Member Gonzalez moved to adopt the ordinance amendment.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (10-0)
B.	Collection of civil penalties.
	Ms. Lisa Smith, Chief Financial Officer, presented this item.  Ms. Smith explained in the past the Finance Department’s Collection Division had enforced and collected various code violations by filing claims in Small Claims court with all court costs being paid after collection from the defendant.  She stated that now all court costs must be paid irrespective of whether the cost was collected from the defendant and because this was cost prohibitive, she was recommending an alternative method of collection for delinquent violations which consisted of forwarding severely delinquent citations and miscellaneous accounts receivable to a collection agency.
	Ms. Smith reviewed the procedure and stated there was no cost to the City for the services because the agency received a percentage of the debt when collected, depending on the age of the debt.
	A discussion was held regarding the number of repeat offenders, the need to increase the penalty for repeat offenders, and the need for a time limit for a severely delinquent fee.
MOTION:	Mayor Pro Tem Kendrick moved to follow the recommendations with a severely delinquent date of 60 days or more.
SECOND:	Council Member Haire
VOTE:	UNANIMOUS (10-0)
	Council Member Kirby left the meeting at this time due to illness.  She was not excused by motion and no time was noted by the City Clerk.
9.	Report from Development Committee.
	Council Member Worthy, Chairman, presented this item.  He recommended the minutes be accepted as information.
10.	Report from Policy Committee.
	Council Member Fogleman, Chairperson, presented this item.  She reported that the Policy Committee recommended not to require the Board of Adjustment member to have Zoning Commission experience.
MOTION:	Council Member Fogleman moved to delete the Board of Adjustment’s requirement for a member with Zoning Commission experience because it was not necessary.
SECOND:	Council Member Smith
VOTE:	UNANIMOUS (10-0)
MOTION:	Council Member Fogleman moved to ask the staff to draw up a policy which would allow City property to be named for living or dead persons, but if the name was of a living person, the living person could not be a sitting elected official or staff person of the City of Fayetteville.
SECOND:	Council Member Worthy
	Discussion was held regarding clarification of the term elected officials, errors in the Policy Committee minutes, and the pros and cons of implementing this policy change.
VOTE:	PASSED by a vote of 8 in favor to 2 in opposition (Council Members Gonzalez and Kendrick)
11.	Discussion of budget issues.
	City Manager Roger Stancil presented this item.  The following overview was given:
	Major Budget Assumptions from the February Council Retreat
 1.	The tax rate would remain at 53 cents.
 2.	The sales tax formula would change to ad valorem method in FY 2004.
 3.	There would be no fund balance appropriation.
 4.	The Electric Fund transfer would remain at $6,969,900.00, plus street lights.
 5.	The Utility Fund would pay General Fund share of FY 2004 infrastructure debt service for water/sewer extensions in newly annexed areas ($1,074,666.00).
 6.	The Utility Fund would continue to pay for certain economic development contracts [FAEDC, DDC, and CVB (FYI Fayetteville)].
 7.	There would be no funding for pay increases for non-utility City employees.
 8.	The budget figures given were based on FY 2003 being a no-growth budget and the 4B annexation was not reflected.
	General Fund Funding Gap
	Original Revenue Projection	$73.100,000.00
	Original Services Projection	  77.800,000.00
	Original Funding Gap (2/22/03)	$  4.700,000.00
	Actions Since February 22, 2003
 1.	Negotiations with PWC:
A.	The Electric Fund transfer remains at $6,969,900.00, plus street lights.
B.	The Utility Fund pays General Fund share of FY 2004 infrastructure debt service for water/sewer extensions in newly annexed areas ($1,074,666.00).
C.	The Utility Fund continues to budget for certain economic development contracts ($295,000.00) [FAEDC, DDC, and CVB (FYI Fayetteville)].
 2.	Negotiations with Cumberland County:
A.	The sales tax formula remains per capita method in FY 2004.
B.	The City will make payment to the County of $2.1 million versus sales tax loss of $4.4 million.
 3.	4B annexation is included:
A.	The sales tax was projected at $700,514.00 for FY 2004.
B.	There will be a funding gap of $156,325.00 for FY 2004.
 4.	No funding for pay increases for non-utility City employees.
 5.	Fund balance appropriation of $1,000,000.00.
 6.	Additional budget cuts of $566,303.00 will be made from management review.
 7.	The recommended tax rate to remain 53 cents.
	Property Values
	Current City (Does not include Phase 4B annexation property values):
		2002 Current	2003 Projected	% Chg
	Real	$5,138,284,860.00	$5,494,733,013.00	6.9
	Personal	418,094,834.00	384,647,247.00	( 8.0)
	Public Service	120,570,113.00	108,513,102.00	(10.0)
	Vehicles	   748,905,094.00	   748,905,094.00	 0.0
	Total	$6,425,854,901.00	$6,736,798,456.00	 4.8
	General Fund Funding Gap
Original Funding Gap	($4,725,931.00)
Internal Budget Cuts	566,303.00
Change in Property Valuation	290,000.00
Miscellaneous Revenue Adjustment	(67,383.00)
Net Restored Sales Tax	2,726,682.00
Phase 4B Annexation Deficit	(     156,325.00)
Current Funding Gap	($1,366,654.00)
Fund Balance Appropriation	  1,000,000.00
Net Budget Gap	($   366,654.00)
	Program Evaluations
	FY 2004 Net “Go
Program	  Away” Costs  
Downtown Tours	$            .00
Juvenile Restitution	(    13,759.00)
Leaf Season	100,410.00
Park Rangers	168,081.00
Human Relations – Community Programs	97,533.00
Bulky Item Pickup	62,435.00
Clean Sweep	.00
Downtown Parking	63,435.00
Mounted Patrol	249,129.00
Nonprofit Funding	  271,000.00
Total	$998,264.00
	Mr. Stancil stated the core service of the Solid Waste Department was weekly garbage pick-up and the choice services were yard waste, bulky items, backdoor pick-up, clean sweep, limb truck, dead animal pick-up and leaf season.  He recommended consideration be given to having the people who benefit from the choice services pay.
	Mr. Stancil stated the City was currently in negotiation with the YMCA, Boys and Girls Club, and other athletic associations for the possible operation of one or two of the City’s recreational facilities.  He also asked that consideration be given to a cost recovery philosophy for adult programs for persons 18 to 55.
	Council Member Keefe asked what a 1 percent cost-of-living allotment would cost.  Mr. Stancil replied the cost would be around $500,000.00.  Mr. Stancil pointed out that this area needed to be reviewed because of the challenge to keep the City’s pay competitive and most governmental entities were looking at giving a 2 1/2 to 3 percent cost-of-living raise.
	Council Member Keefe inquired about the mounted patrol in the downtown area.  Mr. Stancil replied that if the mounted patrol was eliminated, it would mean that six full-time positions would be done away with, but the policemen would not be terminated but rather would fill six of the current vacancies.  He also stated the horses were an effective law enforcement tool and they would not be eliminated but would be used at the discretion of the Chief of Police.
	Council Member Worthy stated he had had a conversation with the Chairman of the Arts Council and had been told the Arts Council had been stockpiling funds.  He stated he would like for the Budget and Finance Committee to meet with the Arts Council to find out (1) how much funding was available to the Arts Council, (2) where do their dollars go, and (3) how the money was being used.  Council Member Worthy further stated he did not feel it was fair for the Arts Council to stockpile money while the City employees could not get a cost-of-living raise.
	Mr. Stancil replied he would check into the situation but he did not believe the Arts Council was stockpiling funds but rather he thought there had been a problem with the Tourism Development Authority not paying the Arts Council.  A discussion was held regarding the occupancy tax.
	Mayor Pitts inquired of Mr. Stancil if he understood correctly that there was a shortfall of $300,000.00 in the budget and if a cost-of-living raise were given, it would cost around $1.5 million.  Mr. Stancil replied in the affirmative.
12.	Report on Legislative Matters:
A.	Update on Texfi Groundwater Contamination.
B.	Other matters.
13.	Nominations (May Vacancies)
A.	Board of Appeals on Dwellings and Buildings - 3 vacancies - 3 nominations needed
B.	City of Fayetteville Linear Park Corporation, Inc. – 4 director vacancies
INFORMATION ITEMS:
1.	Quarterly Financial Review for period ending March 31, 2003.
2.	Letter from Time Warner Cable regarding restructuring of the TWE partnerships.
3.	Fayetteville Airport Commission – minutes of March 25, 2003.
4.	Chamber of Commerce Board of Directors – minutes of March 10, 2003.
5.	Fayetteville Redevelopment Commission – minutes of February 12 and March 12, 2003.
6.	FACVB – minutes of March 13, 2003.
7.	Planning Department:  Monthly report for March 2003.
MOTION:	Mayor Pro Tem Kendrick moved to adjourn the meeting.
SECOND:	Council Member Fogleman
VOTE:	UNANIMOUS (10-0)
	The meeting adjourned at 10:40 p.m.
REGULAR MEETING
MAY 12, 2003
FAYETTEVILLE CITY COUNCIL
REGULAR MEETING
CITY HALL COUNCIL CHAMBER
MAY 12, 2003
7:00 P.M.
Present:	Mayor Marshall B. Pitts, Jr.
Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3) (arrived at 7:25 p.m.); Darrell J. Haire (District 4); Lois A. Kirby (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8)
Absent:	Anne Fogleman (District 9)
Others Present:	Karen M. McDonald, City Attorney
			Tiffanie Sneed, Assistant City Attorney
			Robert Barefoot, Chief Operating Officer for Engineering and Maintenance
			Jimmy Teal, Chief Planning Officer
			Vance Neal, Chair of the Public Works Commission
			Steve Blanchard, PWC General Manager
			Jim Alexander, Assistant Inspections Director
			Victor Sharpe, Interim Community Development Director
			Jason Brady, Public Information Officer
			Janet C. Jones, City Clerk
			Members of the Press
INVOCATION - PLEDGE OF ALLEGIANCE
	The invocation was offered by Reverend Bishop Ford, Associate Minister, Parks Chapel Freewill Baptist Church, followed by Mayor Pitts leading in the Pledge of Allegiance to the American Flag.
MAYOR’S ANNOUNCEMENTS:
	Mayor Pitts expressed condolences to the City Manager and his family for the loss of his mother Mary M. Stancil.  He announced the service would be held at 11:00 a.m. on Tuesday at Snyder Memorial Baptist Church.
	Council Member Gonzalez announced the Budget and Finance Committee meeting scheduled for Tuesday at 5:30 p.m. was being cancelled due to the absence of Mr. Stancil.
Special Events
	Mayor Pitts announced the Festival of Flight blastoff on Friday, May 16, 2003, and Town Hall Day in Raleigh on May 21, 2003.
1.	APPROVAL OF AGENDA
MOTION:	Council Member Smith moved to approve the agenda.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (8-0)
2.	CONSENT:
	Council Member Kirby requested to pull Item 2.B.1 and Council Member Gonzalez requested to pull Item 2.E.
MOTION:	Mayor Pro Tem Kendrick moved to approve the consent agenda with the exception of Items 2.B.1 and 2.E.
SECOND:	Council Member Keefe
VOTE:	UNANIMOUS (8-0)
	The following items were approved:
A.	Approve minutes:
1.	Regular meeting of April 28, 2003.
B.	Approve the following zoning matters:
1.	Pulled for discussion by Council Member Kirby.
2.	P03-14F.  Rezoning from R5A Residential District to C1P Shopping Center District or to a more restrictive zoning classification for property located in Hollywood Heights, Lot 6, Block B.  Containing .53 acres more or less and being the property of Duncan R Humphrey, unmarried, and Dorothea V. Wilder, unmarried, as evidenced by deed recorded in Deed Book 5414, page 0628, Cumberland County Registry.
3.	P03-15F.  Rezoning from M2 Industrial District to R5 Residential District or to a more restrictive zoning classification for properties located at 606, 610, and 614 Italy Street.  Containing .44 acres more or less and being the property of Bertha Mae and Sam C. Little, James B. McAlister, and Karl D. McAlister, as evidenced by deed recorded in Deed Book 0763, page 0207, Deed Book 0485, page 0295, and Deed Book 0103, page 0062, respectively, Cumberland County Registry.
C.	Approve the following financial matters:
1.	Capital Project Ordinance Amendment 2003-7 (FY 2003 Street Resurfacing Contract).
	On April 22 City Council approved the contract with Barnhill Contracting Company of Fayetteville for street resurfacing for the 2003 fiscal year.  This capital project ordinance amendment would appropriate the budget for this project.
2.	Special Revenue Fund Project Ordinance Amendment 2003-6 (Federal Forfeiture Fund’s share of the replacement of servers and software to maintain the City's Public Safety Computer Network).
	The Fayetteville Police Department, in coordination with the Fayetteville Fire Department, requested to replace servers and software in order to properly maintain the City’s Public Safety Computer Network.  The total cost of this project would be $118,662.00 with funding for the Police portion totaling $67,251.00, to be provided by Federal Forfeiture Funds.
3.	Budget Ordinance Amendment 2003-6 (E911 Fund’s share of the replacement of servers and software to maintain the City's Public Safety Computer Network).
	The Fayetteville Fire Department, in coordination with the Fayetteville Police Department, requested to replace servers and software in order to properly maintain the City’s Public Safety Computer Network.  The departments were requesting to share the costs of replacement and the Fire Department requested their share, $51,411.00, of the total server replacement cost of $118,662.00 be paid from the E911 fund balance.
4.	Capital Project Ordinance Amendment 2003-8 (Mazarick Park Greenway/Bike Trail).
	City Council adopted Capital Project Ordinance 2001-10 on June 25, 2001, for the funding of the construction of a greenway/bike path through Mazarick Park from North Pearl Street to Filter Drive.  The original contractor began the project but was unable to complete the work.  A new contractor was awarded the contract to complete the project.  This amendment was for a refund that had been issued to the City of Fayetteville from the original contractor’s bonding company to pay for the difference between the funds the City had available to complete the project and the contract amount with the new contractor.
5.	Resolution accepting NC State Grant for airport mowing equipment.
	Each year the NC DOT Aviation Division allocates capital money to the Airport.  After matching Federal grants, the airport works to use the balance of this funding for either 90/10 State/Local grants or 50/50 State local grants.
RESOLUTION.  RESOLUTION NO. R2003-051.
6.	Contract for Cape Fear River Trail to lowest responsible bidder pending NCDOT approval and concurrence in award was awarded to WECC in the amount of $1,478,923.00.
	Bids were received as follows:
WECC	$1,478,923.00
Bunce Construction	$1,951,726.80
Howard Construction	$2,030,028.80
	Staff recommended the Council approve award of bid alternates at this time contingent upon receipt of these additional funds.
D.	Adopt ordinance amendment for Board of Adjustment membership criteria. (Consistent with Council direction at April 28, 2003, meeting.)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 30-361, APPOINTMENT, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA.  ORDINANCE NO. S2003-007.
E.	Pulled for discussion by Council Member Gonzalez.
B.1.	P03-13F.  Rezoning from R10 Residential District to R6 Residential District or to a more restrictive zoning classification for property located at 2202-2209 Morganton Road.  Containing 1.83 acres more or less and being the property of Miller Richardson Investments, LLC, as evidenced by deed recorded in Deed Book 4781, page 0005, Cumberland County Registry.
	Council Member Kirby pulled this item for discussion.  She inquired why this item was back on the consent agenda when the Council had voted to deny a previous rezoning request on this property.
	Mr. Jimmy Teal, Chief Planning Officer, explained that the applicant had waited the required year and had resubmitted the same request.  Mr. Teal stated during the past year the developer had held conversations with the neighborhood residents and answered their questions and he did not believe there was opposition now.  He stated that both the Planning staff and the Zoning Commission recommended approval of the rezoning request and the Council had the options of either approving the R6 rezoning or setting a public hearing.
	A discussion was held regarding whether due process had been given to the surrounding neighborhoods.  The Council expressed their concern about this rezoning because the last time it had been brought before the Council, there had been a lot of opposition.
MOTION:	Council Member Worthy moved to set a public hearing on this matter.
SECOND:	Council Member Gonzalez
	Council Member Keefe expressed his opposition to holding a public hearing and stated his support for following the recommendations of the staff and Zoning Commission.
	Council Member Gonzalez stated a public hearing was needed to let people know about the rezoning and to address other issues such as traffic and water runoff.
	Mr. Teal explained that a developer must submit a site plan which addressed water runoff, but the property needed to be rezoned prior to the submission of the plan.
	Council Member Gonzalez called for the question and was approved by a vote of 7 in favor with Council Member Keefe in opposition.
ORIGINAL MOTION VOTE:
PASSED by a vote of 7 in favor to 1 in opposition (Council Member Keefe)
	Mr. Teal announced the public hearing would be held on June 9, 2003.
E.	Approve revisions to Policy 155.4, Naming of City Properties in Honor of Individuals. (Consistent with Council direction at April 28, 2003, meeting.)
	Council Member Gonzalez pulled this item for discussion.  She stated she wanted to know the procedure for naming a City property.
	City Attorney Karen McDonald stated the policy did not cover the procedure, but it was her understanding the name would be submitted to the City Manager for placement on the agenda as a public hearing.
	Council Member Gonzalez inquired if there would be a waiting period to ensure the name would be put out to the public prior to the public hearing.
	A discussion was held.  Ms. McDonald stated that City Council Policy No. 120.5 set out the procedures on setting public hearings and there was no specific waiting period.
	Further discussion was held regarding whether a building or property could be renamed for another person.  Ms. McDonald explained the policy does not allow that to happen.
	Council Member Massey arrived at the meeting at 7:25 p.m.
	Council Member Gonzalez expressed her opposition to the policy and her concerns about the techniques used to advertise a public hearing.
MOTION:	Council Member Gonzalez moved to send the policy back to the staff and have it brought back at the next meeting for the purpose of putting in information about notification to the citizens.
	This motion died due to lack of a second.
MOTION:	Council Member Worthy moved to accept the policy as presented and to use a standard procedure for notification and public hearings.
SECOND:	Council Member Haire
VOTE:	PASSED by a vote of 8 in favor to 1 in opposition (Council Member Gonzalez)
3.	PUBLIC HEARINGS:
A.	Consider approval for Planned Neighborhood Development Plan (PND) for Kings Grant Subdivision.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item noting that on December 15, 1986, the Fayetteville City Council had approved a final detailed PND Plan for a portion of the Kings Grant Subdivision which called for a mixture of R10, R6, R5A and CP development.  Mr. Teal explained that the developer had submitted an updated plan which reflected greater use of R10, less of R5A, no R6 and the same area for commercial.
	Mr. Teal further explained that the rezoning application submitted in November 2002 had requested C1P zoning for 10.5 acres for the southwest corner of Ramsey Street and Shawcroft Road which included the 5.86 acre tract designated commercial in the PND Plan and approximately 5 acres designated as open space in the PND Plan.  Mr. Teal stated the Zoning Commission held a public hearing on December 10, 2002, and voted to deny the request and the applicant did not appeal the decision and the case was denied.
	Mr. Teal stated this was not a rezoning case, but was rather a PND Plan which allowed more flexibility.  Mr. Teal stated the options were to approve the 2002 Plan, to disapprove the 2002 Plan, or to delay action.
	Mr. Teal recommended the Council approve the delay to enable the neighborhood and the applicant continued discussion and to allow the Council to review the tract and plan for commercial use.
	This is the advertised public hearing set for this date and time.  The public hearing opened at 7:45 p.m.
	Ms. Beth Trahos, 4601 Six Forks Road, Raleigh, NC, appeared on behalf of the developers, CNS Properties.  Ms. Trahos requested the Council approve their request to develop the property as approved in 1986 and grant them additional time to work with the neighborhood.
	Ms. Trahos stated the developer would like to come up with uses that were not appropriate without having to do a specific site plan.
	Mr. Garris Neil Yarborough, Attorney, 115 East Russell Street, Fayetteville, NC, was signed up as a proponent.  He requested to reserve his time as a rebuttal to the opponents.
	Mr. Bob Carroll, 197 Shawcroft Road, Fayetteville, NC, appeared on behalf of the Kings Grant neighborhood.  He stated the residents would like more time to meet with the developer and would like assistance from the City Planning staff.
	Mr. Jim Arp, 464 Shawcroft Road, Fayetteville, NC, appeared on behalf of the Kings Grant neighborhood.  Mr. Arp’s presentation consisted of a power point program which addressed the history and legalities of the PND request.  He presented the following recommendations from the residents of Kings Grant:
1.	Stop the process of PND validation to allow the residents an opportunity to be a part of the process in accordance with City Codes.
2.	Give the residents an opportunity to address past violations of commitments the KGDC made regarding open space.
3.	If the City Council makes a decision on the proposed PND Plan tonight, recommend that the PND Plan be amended to reflect the following:
a.	Original C1P boundaries in accordance with the Council decision in 1986.
b.	Open space (4.4 acres) in accordance with the Council decision in 1986.
c.	Kings Grant residents’ concerns be incorporated into C1P planning (deeded restrictions to limit types of commercial properties allowed).
	Mr. Arp reviewed the purpose of a PND Plan, commercial land use standards, current commercial property available in the area, uncontrolled growth, traffic, loss of greenway appearance, and open space and recreational area provisions.
	Mr. Arp identified the following open space failures:
1.	Space identified on the original PND Plan was an 18-acre contiguous tract.
2.	Part of the space was developed with apartments (Meadowbrook Apartments).
3.	Part was incorporated into the golf course.
4.	Golf course has been sold and all fairways have been removed from public use; access to Kings Grant residents is prohibited unless a membership is purchased (golf, pavilion, pool, club house use only).
5.	Only 4 acres are remaining, most of which are unusable wetlands (with no pedestrian access).
	Mr. Neil Yarborough said Kings Grant was an asset to the community because the developer had a good plan and everything that had been done had been approved by the City.  He stated Mr. Sol Rose had been unaware the PND Plan needed to be revised and he had been told to rezone, but this was not a rezoning issue it was a PND issue which required a general plan update.
	Mr. Yarborough stated the City needed to nourish good development and this could be done through melting the community’s needs with the neighborhood’s needs.
	Mr. Yarborough requested additional time for more dialogue with the neighborhoods so the best solution could be found.
	Mr. Clinton Harris, coordinator of the Fayetteville/Cumberland County Citizens Association, 4713 Watauga Road, Fayetteville, NC, requested that an anti-discriminatory clause be made a part of the PND Plan.  Mr. Harris stated the golf course had been sold and there was no control over anything.
	There being no one further to speak, the public hearing closed at 8:12 p.m.
MOTION:	Council Member Keefe moved to delay action until the first meeting in June and the City staff to be made available to work with the developer and the neighborhood.
SECOND:	Council Member Kirby
	Mayor Pitts inquired if the time frame was sufficient.  Mr. Yarborough replied in the affirmative and Mr. Arp, after consulting with the neighbors in attendance, requested a six-week delay.
AMENDED MOTION:
Council Member Keefe amended his motion to delay action until the second meeting in June.
	Council Member Kirby was in agreement.
VOTE:	UNANIMOUS (9-0)
4.	Consider adoption of Sidewalk Plan.
	Mr. Charles Astrike, Planning Commission Member and Sidewalk Subcommittee Chair, presented this item.  He stated the purpose of the Subcommittee was to develop a Sidewalk Plan that was flexible and could be adopted with major emphasis being placed on school sites, major thoroughfares, and sidewalk requirements associated with development.
	Mr. Astrike reported that the subcommittee’s first step was to incorporate the priorities listed by the school system along with consideration of parks and recreation facilities and libraries and determining areas for sidewalks.
	Mr. Astrike reported the second item for consideration by the Subcommittee was the road widening projects to be done by the North Carolina Department of Transportation.  He stated the DOT participated on sidewalk construction when they had a widening project.  He stated the cost of the City for participating on sidewalk construction is roughly 40 percent of the cost if the City had to do it alone.
	Mr. Astrike reported the third item for the Subcommittee to consider was the requirement for a developer to construct a sidewalk for land abutting any public street of their property when it was developed.  He stated the Planning Commission over the past year had received several requests for the sidewalk requirement to be waived.  He stated the reason given by many developers revolved around the sidewalk being constructed in an isolated location where it did not connect with another section of sidewalk.
	Mr. Astrike reviewed the City of Fayetteville Sidewalk Plan in detail (a copy of this plan can be found in the City Engineering Department).  He stated the Planning Commission recommended the adoption of a Sidewalk Plan by City Council.  He stated if adopted, the Planning Commission would hold a public hearing on the revision of the subdivision ordinance to include a provision for a developer to pay in lieu of constructing a required sidewalk as part of the development.  He stated a designated sidewalk fund would be established to account for any sidewalk payments and those funds would be used exclusively for future sidewalk construction.
	Mr. Astrike stated the estimated cost for constructing the sidewalks listed in the plan was $3,880,000.00 and would require multi-year funding or inclusion in a bond package.  He noted that the pay in lieu of proposal and the North Carolina Department of Transportation Enhancement Funds could help accomplish the goals.
	Mr. Astrike reported that the first order of preference for sidewalk construction should coincide with the locations of schools and the Planning Commission understood the cost of each project and the availability of right-of-way and funding were variables which would affect the sidewalk construction.  He pointed out the priority list served only as a guide and was not a mandate as to the order of when the sidewalk projects would be done, and the Planning Commission believed all of the projects listed were important and necessary.
MOTION:	Mayor Pro Tem Kendrick moved to adopt the proposed plan.
SECOND:	Council Member Kirby
	A discussion was held regarding the NCDOT enhancement funding which upon application by the City could result in a 50 percent split of costs between the City and the North Carolina Department of Transportation if there were state funds available.
	Council Member Smith expressed her concern that the schools on the west side of Fayetteville had been included in the Plan while the schools on the east side had been omitted.
SUBSTITUTE MOTION:
Council Member Smith moved to refer the Sidewalk Plan to the Development Committee for review and recommendations which would be brought back to the Council for action.
SECOND:	Council Member Gonzalez
	A discussion was held regarding the actual costs of the sidewalks to include permanent and atypical construction and the fact that the North Carolina Department of Transportation was not required to put in sidewalks generally within a municipality.
VOTE:	UNANIMOUS (9-0)
5.	P03-11F.  Consider the rezoning from R5A Residential District to P2 Professional District or to a more restrictive zoning classification for property located at 1900 Bragg Boulevard.  Containing .20 acres more or less and being the property of Edward W. Grannis, Jr., as evidenced by deed recorded in Deed Book 3240, page 0512, Cumberland County Registry.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  Mr. Teal reviewed the history of the property, the current land use and zoning, and the 2010 Land Use Plan.  He noted the property was currently nonconforming and the Planning staff recommended approval of P2 zoning based on the surrounding land use, previous use of the structure, and the existing structure while the Zoning Commission recommended P4 zoning district.
	Council Member Kirby inquired if there would be a problem with spot zoning.  Mr. Teal responded there was P2 zoning across the street and this would not be spot zoning.
MOTION:	Council Member Worthy moved to approve P4 zoning.
SECOND:	Council Member Massey
VOTE:	UNANIMOUS (9-0)
6.	Monthly Commissioner Report from Public Works Commission.
	Mr. Vance Neal, Chair of the Public Works Commission, presented this item and reported the following:
1.	The Commission completed its strategic planning process for this year and the final plan would be approved at the first Commission meeting in May.
2.	The PWC staff was completing FY 2004 Budget work.  The PWC Manager and City Manager were to assist in scheduling a Joint City/Commission meeting in the near future.  The meeting was delayed due to anticipated final action to be taken by the Cumberland County Commissioners on tax allocations.
3.	Due to the cost of fuel for generation, electric rate decreases for FY 2004 were not anticipated and would allow more study before making any changes to the existing electric rate structures.  Changes would be developed and implemented prior to January 1, 2004.  There was a $10 million deficit due in part to increased fuel costs.
	A discussion was held regarding the new watering restrictions that had been implemented on May 1, 2003.
	Mr. Blanchard, PWC General Manager, informed the Council that the restrictions had been implemented in order to level the peak water requirements, save the lifespan of PWC plants by delaying new construction for at least five years, and for a long-term management of the request for water from the Cape Fear River Basin.  Mr. Blanchard explained the State required a program to be in place before they would issue water when requested.
7.	Consider the Community Development 2003-2004 One-Year Action Plan.
	Mr. Victor Sharpe, Interim Community Development Director, presented this item.  Mr. Sharpe noted the purpose of the Action Plan was (1) to account for funds received from HUD, (2) to describe the programs to be implemented and how they benefit low-moderate income residents, and (3) to coordinate programs and activities to meet prior community needs and federal guidelines.
	Mr. Sharpe reviewed the 2003-2004 action priorities, the planning process, the citizen participation, the national objectives of the Community Development Block Grant, and the Home Investment Partnership Program.
	Mr. Sharpe presented the following summaries of activities:
	Projected Revenue
	CDBG	$1,427,000.00
	CDBG Program Income	116,545.00
	HOME	768,772.00
	HOME Program Income	163,634.00
	CDBG Prior Year	1,064,256.00
	City (HOME Match)	86,487.00
	HOME Prior Year	   201,265.00
	     Total	$3,827,959.00
	Housing Activities
	Down Payment Assistance	$   15,000.00
	Mortgage Assistance	75,000.00
	Housing Rehabilitation	1,392,779.00
	CHDO Activities	284,180.00
	Housing Development	20,000.00
	Bunce Manor	168,000.00
	Blanton Green Phase II	190,000.00
	Bunce Green	   280,000.00
	     Total	$2,424,959.00
	Economic Development Activities
	Small Business Loan Pool	$   75,000.00
	Downtown Loan Pool	455,000.00
	Fayetteville Business Center	    25,000.00
	     Total	$  555,000.00
	Community Development Activities
	Neighborhood Resource Center	$  261,000.00
	Beautification	40,000.00
	Street Paving Assessment Fee	15,000.00
	Water/Sewer/Plumbing Hookup	60,000.00
	HUD 108 Loan (Seabrook Pool)	   112,000.00
	     Total	$  488,000.00
	Homeless Services Activities
	Homeless Utility Assistance	$   15,000.00
	     Total	$   15,000.00
	A discussion was held regarding the $4,000.00 increase in the Homeless Funding from last year, the approximate $50,000.00 spent annually for the water and sewer connections, the continued use of Community Development and Engineering Funds for future annexations, and the increase in the allowed assistance from 60 to 80 percent of medium income.
	Council Member Keefe inquired when the Council had approved the Village at Northgate Project being built by the Wellons nonprofit organization.  Mr. Sharpe responded the recommended funding was not an item that would come before the Council.  He explained the zoning in this area allowed this type of project and there was no requirement or process for it to come to the Council for approval because anyone could build at the same level of density.
	Council Member Keefe stated he did not understand the funding because it was of no advantage to the City tax wise, 95 percent of the citizens in the area were opposed, and there was no need for another project like this in this area because they already had two like projects.
	Mr. Sharpe stated the City’s Community Development Plan had to be in to HUD in Greensboro by May 15, 2003, or the City could lose their funds, and therefore he did not recommend holding a public hearing.
	A discussion was held regarding Hope VI funding.  Mr. Sharpe informed the Council the City had no authority to apply for this funding because the Housing Authority had that designation, but the City’s goal was to work with the Housing Authority if and when it applied for the funding.
MOTION:	Council Member Keefe moved to accept the One-Year Action Plan except for the Village at Northgate project.
SECOND:	Council Member Gonzalez
	A discussion was held regarding the location of this project and the neighborhood’s objections.
	Mr. Sharpe stated the housing rehabilitation was a line item in the budget and the $20,000.00 designated for Village at Northgate could be removed and the applicants could make their application to HUD without City support.  He explained that the Wellons would lose points on their application if the City support was missing, but he did not think it would derail the project.
	A discussion was held regarding whether the Council should be notified when low-income housing sites were being developed, the citizens’ reaction to affordable housing being placed in their neighborhoods, and the fact that this was a senior citizen project for the elderly 62 years of age and over.
SUBSTITUTE MOTION:
Council Member Smith moved to approve the Plan.
	City Attorney Karen McDonald stated this was the opposite of the original motion and the original motion must be voted on first.
ORIGINAL MOTION VOTE:
FAILED by a vote of 3 in favor (Council Members Keefe, Haire, and Gonzalez) to 6 in opposition (Council Members Smith, Pitts, Kendrick, Kirby, Massey and Worthy)
MOTION:	Council Member Smith moved to approve the plan.
SECOND:	Council Member Worthy
SUBSTITUTE MOTION:
Council Member Keefe moved to hold a public hearing.
SECOND:	Council Member Gonzalez
	Mr. Sharpe stated it would be better if the Council took the funding off rather than risking the One-Year Action Plan not being approved.  Mr. Sharpe explained taking away the $20,000.00 would reduce the developer’s points because the City would not be endorsing the Plan.  Mr. Sharpe requested the City Council take the funds and apply them back to housing rehabilitation rather than delaying submission of the Plan to HUD.
	Council Member Massey made a motion to reconsider the vote on the original motion.  City Attorney McDonald stated the Council must vote on the current motion.
	Council Member Keefe withdrew the substitute motion.
	Council Member Smith withdrew her motion and Council Member Worthy withdrew his second.
MOTION:	Council Gonzalez moved based on the information received from Mr. Sharpe to accept the One-Year Action Plan with the exception of the Village Northgate funding of $20,000.00 which was to be put into housing rehabilitation funds.
VOTE:	UNANIMOUS (9-0)
8.	Boards and Commissions:
A.	Nominations
1.	Board of Appeals on Dwellings and Buildings - 3 vacancies - 2 nominations made - 1 nomination needed
	No nominations were made.
2.	City of Fayetteville Linear Park, Inc. - 4 vacancies - two of which should be City Manager and the Chief Financial Officer (minimum of 4; 5 recommended by staff)
	Mayor Pitts asked for clarification on the number of members allowed to be appointed.  City Attorney Karen McDonald stated it was up to the Council, but the minimum would have to be four with the City Manager and Chief Financial Officer taking two slots.  She stated it was up to the Council as to how many members they wanted.
MOTION:	Council Member Worthy moved to set five members as the minimum number.
SECOND:	Council Member Massey
	Council Member Gonzalez requested to increase the number to seven members to include the City Manager and Chief Financial Officer.  Council Members Worthy and Massey accepted the amendment.
VOTE:	UNANIMOUS (9-0)
	The following nominations were made:  Council Member Kirby nominated Mr. Harry Shaw; Council Member Worthy nominated Ms. Joyce Tucker; Council Member Keefe nominated Mr. Roger Stancil, City Manager, Ms. Lisa Smith, Chief Financial Officer, and Mr. Steve Crowell; and Mayor Pitts nominated Ms. Molly Arnold.
	Council Member Massey nominated Dr. Mel Henderson.
9.	ADMINISTRATIVE REPORTS
1.	Position Vacancy Report for period February 20 through April 27, 2003.
INFORMATION ITEMS:
1.	Vacancies on boards and commissions for nominations in June:
a.	Airport Commission - 3 vacancies
b.	Human Relations Commission - 6 vacancies:  4 regular vacancies and 2 replacement vacancies
c.	Joint Storm Water Advisory Board - 2 vacancies
d.	Public Works Commission - 1 vacancy
e.	Public Works Commission Retirement Board - 1 PWC employee vacancy and 1 PWC member vacancy
2.	Update on the Municipal Influence Area proposal.
3.	City-County Liaison Committee – minutes of April 24, 2003.
4.	Letter of thanks from the residents of 1900 Block of Slater Avenue to the Police Chief for assistance through Community Policing in the area.
5.	Letter of thanks from Downtown Alliance, Downtown Development Corp, ASOM, City to Secretary of Transportation for traffic changes to Hillsboro Street.
6.	Police Department – Report for month of March 2003 from the Office of Professional Standards and Inspections.
7.	Update on ongoing annexation projects.
MOTION:	Mayor Pro Tem Kendrick moved to adjourn the meeting.
SECOND:	Council Member Keefe
VOTE:	UNANIMOUS (9-0)
	The meeting adjourned at 10:20 p.m.
REGULAR MEETING
MAY 27, 2003
FAYETTEVILLE CITY COUNCIL
REGULAR MEETING
CITY HALL COUNCIL CHAMBER
MAY 27, 2003
7:00 P.M.
Present:	Mayor Marshall B. Pitts, Jr.
Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois A. Kirby (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Anne Fogleman (District 9)
Others Present:	Roger L. Stancil, City Manager
			Karen M. McDonald, City Attorney
			Jimmy Teal, Chief Planning Officer
			Robert Barefoot, Chief Operating Officer for Engineering and Maintenance
			Victor Sharpe, Interim Community Development Director
			Jason Brady, Public Information Officer
			Janet C. Jones, City Clerk
			Members of the Press
INVOCATION - PLEDGE OF ALLEGIANCE
	The invocation was offered by Reverend Alfonzo McAllister, Smith Chapel Free Will Baptist Church, followed by Mayor Pitts leading in the Pledge of Allegiance to the American Flag.
	Council Member Worthy presented Reverend McAllister with a City Coin.
MAYOR’S ANNOUNCEMENTS:
1.	Special Events
	Mayor Pitts thanked all the participants in the Festival of Flight for their volunteerism and for the national and regional exposure, which had created a positive image for the City of Fayetteville.
	Mayor Pitts congratulated Deborah Campbell’s second grade class at Montclair Elementary School on their preparation of a book on Fayetteville which had reached the finalist stage in a regional competition.
1.	APPROVAL OF AGENDA
MOTION:	Council Member Smith moved to approve the agenda.
SECOND:	Council Member Massey
VOTE:	UNANIMOUS (10-0)
2.	PUBLIC FORUM:
	Mr. Andy Anderson, 5116 Ponderosa Drive, Fayetteville, NC, asked the following questions:  (1) why were City residents on water restrictions now with rain, (2) why was PWC doing too much for other cities, (3) why were the lines being put above the ground on the Cliffdale Road widening project, (4) why were street lights not on Hope Mills Road, (5) why was there no commercial garbage service, and (6) why was there a reduction of fire services and why was he being served by the Cumberland Road Fire Department.
	Mr. Charles Mathews, 3618 Tindall Court, Fayetteville, NC, addressed the Council regarding water conservation and recommended the Council approve using Rose Lake as a reservoir and charge every water user with PWC $4.00 to make the lake okay.  Mr. Matthews requested a conservation and environment committee look into the issue.
3.	CONSENT:
MOTION:	Council Member Fogleman moved to approve the consent agenda.
SECOND:	Council Member Kirby
VOTE:	UNANIMOUS (10-0)
	The following items were approved:
A.	Approve minutes:
1.	Regular meeting of May 12, 2003.
B.	Approve tax refunds in excess of $100.00.
	Name	Year	Basis	City Refund
	Faircloth, James M. and Sylvia W.	1998-2002	Clerical Error	$4,594.68
	Haywood, Elsie H. and Alan H.	1998-2002	Corrected Assessment	247.99
	R E Mason Enterprises	1998-2002	Corrected Tax District	 1,293.96
	Total			$6,136.63
C.	Approve amendment to Section 3-51(b), Ex Officio, Nonvoting Members, of Article II, Airport Commission, of the Fayetteville City Code.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 3-51(b), EX OFFICIO, NONVOTING MEMBERS, OF ARTICLE II, AIRPORT COMMISSION, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA.  ORDINANCE NO. S2003-008.
4.	PUBLIC HEARINGS:
A.	P03-08F.  Consider the initial zoning to various zoning classifications for an area consisting of 1,486.37 acres more or less and being all of Annexation Ordinance No. 2002-04-460, as evidenced by a map and legal description on file with the Planning Department and being annexed by the city of Fayetteville effective June 1, 2003.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  Mr. Teal reviewed the current land use, the current County zoning, the proposed City zoning map, and explained the process used to initially zone property which had been annexed into the City.  He stated that most of the properties on Hope Mills Road were zoned CP in the County and the corresponding zoning in the City would be C1 or C1P with the major difference being in the setback lines.
	Mr. Teal stated the staff recommended C1 zoning for parcels less than 1 acre to avoid problems with setback lines since parcels zoned C1P were designed for larger lots and the Zoning Commission’s recommendation was the same as the staff’s with the exception of split zoning one parcel on Hope Mills Road C1P and C3 and zoning another parcel C1 rather than C1P.  Mr. Teal reviewed the exceptions and gave the zoning options.
	An in-depth discussion was held regarding legal nonconforming uses, setback requirements, the effect of split zoning, the uses allowed in the different zones, and buffering issues.
	Mr. Teal stated that after further consideration on his part, he was recommending the Council go with the C1P zoning and then any nonconforming property owner could immediately come back with a rezoning request.  Mr. Teal also suggested the rezoning fee be waived as an act of good faith.
	This is the advertised public hearing set for this date and time.  The public hearing opened at 7:38 p.m.
	Mr. John S. Poulos, 3025 Brechin Road, Fayetteville, NC, stated he agreed with the C1 rezoning, but was requesting that the front part of his parcel be zoned C1 and the back part be zoned C3.
	Mr. James E. Brown, 2218 Wingate Road, Fayetteville, NC, stated he agreed with the C1 rezoning.
	Mr. Al Draughon, 1864 Bingham Drive, Fayetteville, NC, stated he had a body shop on Bingham Drive and he wanted his land zoned C3 because he did not want to be nonconforming.  He stated he would not put up any adult entertainment business because it was too close to residential property.
	Mr. Andy Anderson, 1517 Hope Mills Road, Fayetteville, NC, stated he had six acres that had been zoned commercial since 1978 and he wanted it to be zoned C1 and left that way and he also wanted the adjoining property to be zoned the same.
	There being no one further to speak, the public hearing closed at 7:49 p.m.
	Further discussion was held regarding the appeals process and the initial zoning hold harmless effect, which would allow a business to operate as is but not to expand.
MOTION:	Council Member Worthy moved to rezone the Hope Mills Road property to C1P and to waive any fee for application by owners that would like to reapply for rezoning.
SECOND:	Council Member Fogleman
	Council Member Keefe stated he wondered if Mr. Worthy would accept a friendly amendment to the Zoning Commission’s recommendation and also put a time limit on the waiver of the rezoning fee.
	Council Member Worthy inquired what was the content of the amendment.  Council Member Keefe responded it was to include the Zoning Commission’s recommendation for the C1P and C3 and the zoning of another parcel C1.  Council Member Worthy stated he wanted the neighborhood to know what was coming into the area and he would not accept that condition but he had no problem with a 60- to 90-day limit.
	Council Member Gonzalez requested the Council do something about the cleanup of an existing junkyard to include buffering.
	Council Member Smith called for the question, which was approved by a vote of 9 in favor with Council Member Gonzalez in opposition.
MOTION VOTE:
UNANIMOUS (10-0)
5.	Consider revisions to Chapter 30, Zoning, Article VII, Advertising and Sign Regulations, Section 30-263(b)(4), Penalties, regarding an increase in amount charged for a civil penalty for violation of the sign ordinance.
	City Attorney Karen McDonald presented this item.  Ms. McDonald gave a background to the item and requested the Council’s decision on whether to increase the sign ordinance violation penalty from $100.00 to $500.00 per day.
MOTION:	Council Member Fogleman moved to up the fee for sign ordinance violations from $100.00 to $500.00 per day.
SECOND:	Council Member Gonzalez
	Ms. McDonald reviewed the process used by the Inspections Department regarding sign violations.
VOTE:	PASSED by a vote of 9 in favor to 1 in opposition (Council Member Keefe)
	An ordinance was not adopted at this time.
6.	Consider request to address City Council from Scott Redinger, representing John H. Wellons Foundation, regarding letter of support from City of Fayetteville for Village at Northgate housing project.
	Mr. Scott Redinger, 156 Lafayette Street, Wilmington, NC, appeared on behalf of the John H. Wellons Foundation.  Mr. Redinger explained the development would have 90 one-bedroom apartment units for the elderly and a 1,200 square foot community building for use by the tenants.
	He explained the tenants would be 62 years of age or older with the characteristics of the residents as follows:  (1) most of them would be single females in the late 60s and 70s, (2) would have the ability to live alone and care for themselves, (3) incomes would be between $8,000.00 and $12,000.00, (4) it would be a racially integrated community, and (5) only 50 to 75 percent of the residents were expected to have cars.
	Mr. Redinger explained that lower-income elderly persons living on fixed incomes had a difficult time finding affordable housing due in part to high medical bills.  He stated the HUD 202 Program would establish the rent for residents based on 30 percent of their income with adjustments for medical bills and prescriptions and would provide rental assistance to the development for tenants.
	Mr. Redinger stated the Wellons Foundation was not requesting any City funding but was only asking for the support of the City of Fayetteville for the project to HUD because HUD looked more favorably at a project if there was community support.
	Council Member Keefe expressed his opposition to the project because the residents had objected to the density of these type projects in the area and the crime issues.
	Council Member Massey stated based on a meeting held at Reid Ross, he had heard from three citizens who expressed concerns but the vast majority of the citizens were supportive.
MOTION:	Council Member Keefe moved to hold a public hearing on this matter.
SECOND:	Council Member Gonzalez
	Mayor Pitts inquired of Mr. Victor Sharpe, Interim Community Development Director, whether this project was consistent with the City of Fayetteville Community Development Plan.  Mr. Sharpe responded that it was consistent with the City’s plan which had a goal for the years 2000-2005 to add 48 units of affordable housing per year and he felt it was a way to encourage investors in Section 202 financing from HUD.  Mr. Sharpe also stated housing for the elderly was an identified need in the City of Fayetteville.
	A discussion was held regarding crime from the aspect of problems caused by visitors and the elderly women being prey for the criminal element.
	Mr. Sharpe explained that the deadline for the application by the Wellons Foundation was June 13, 2003, and the earliest public hearing would have to be set for June 9, 2003, and this would possibly create problems in getting the Foundation’s application submitted in a timely manner.
	Council Member Gonzalez stated she was tired of time limits and wanted more information before having to make major decisions.
	Mayor Pitts called for the vote on the motion.
VOTE:	FAILED by a tie vote of 5 in favor (Council Members Keefe, Haire, Gonzalez, Kendrick and Pitts) to 5 in opposition (Council Members Smith, Kirby, Massey, Fogleman and Worthy)
MOTION:	Council Member Smith moved to give a letter of support to the Wellons Foundation.
SECOND:	Council Member Fogleman
	Council Member Keefe stated he was appalled at the Council’s action.
VOTE:	PASSED by a vote of 8 in favor to 2 in opposition (Council Members Keefe and Gonzalez)
7.	Presentation of Recommended Budget for Fiscal Year 2004.
	City Manager Roger Stancil presented the recommended budget for Fiscal Year 2004 and made the following recommendations:
 1.	Electric Fund transfer remains at $6,969,900.00, plus street lights.
 2.	Utility Fund pays General Fund share of FY 2004 infrastructure debt service for water/sewer extensions in newly annexed areas ($1,074,666.00).
 3.	Utility Fund continues to budget for certain economic development contracts [FAEDC, DDC, CVB (FYI Fayetteville)].
 4.	Payment to the County of $2.1 million versus sales tax loss of $4.4 million (County October 2002 projection).
 5.	No funding for pay increases for non-utility City employees.
 6.	Additional budget cuts from management review ($577,386.00).
 7.	Recommend tax rate remain at 53 cents.
 8.	Recommend fee increases in adult athletics, solid waste choice services, fire inspections, utility excavation permits, and miscellaneous.
 9.	Recommend service eliminations such as dead animal pickup from veterinary offices, leaf season (containerized only), and general backdoor service.
10.	Recommend fees for “choice services” such as bulky items ($.00 to $25.00), oversize limbs ($25.00 to $100.00), and special backdoor service ($.00 to $99.00).
11.	Develop partnership opportunities with local agencies for recreation services.
12.	Recommend fees for adult services such as increase athletic player fee from $10.00 to $15.00, increase athletic team fees (amount of increases range from $75.00 to $100.00), increase adult open play fee from $1.00 to $2.00, and change relationship with contractors from a 60/40 revenue sharing relationship to a 50/50 relationship.
13.	Recommend fee increases in the areas of fire inspections and hazardous material response fees, planning fees, and other fees.
14.	Include full year funding for Ashton Forest, Quailridge, Queensdale, and Beaver Creek areas annexation (June 1, 2003).
15.	Nonprofit funding for Arts Council ($175,000.00) and Fascinate U Museum ($64,000.00).
16.	Bonus pay possibilities.
17.	Capital includes $600,000.00 for the CIP, $600,000.00 for general vehicle replacement, $475,000.00 for a fire truck, $296,000.00 for two solid waste vehicles, and $152,000.00 for heaving equipment vehicles.
18.	Does not include new initiatives and funds for park land acquisition.
	A discussion was held regarding finding federal funding for economic development, contracting solid waste services, and fire and police response time.
MOTION:	Council Member Fogleman moved to set a public hearing for the budget on June 9, 2003, and to set a special meeting with PWC on Monday, June 2, 2003, at 7:00 p.m.
SECOND:	Council Member Massey
VOTE:	UNANIMOUS (10-0)
8.	Report from the Transportation Committee.
	Council Member Haire, Chair of the Transportation Committee, presented this item.
A.	Follow-up on installation of stop signs in Remington Subdivision.
	Council Member Haire stated the Committee recommended the stop signs remain in their current locations.
B.	Discussion of traffic pattern at Ray Avenue and Maiden Lane.
	Council Member Haire stated the recommended action was to proceed with the installation of the four-way stop signs.
C.	Discussion of improvements at intersection of Albany and Broadell Streets.
	Council Member Haire stated the staff would be reporting on this item at the next Committee meeting.
D.	Update on FSU traffic plan.
	Council Member Haire reported that Fayetteville State University was working out details with the North Carolina Department of Transportation on this issue.
9.	Report from Development Committee.
	Council Member Worthy, Chair of the Development Committee, presented this item.
	Council Member Worthy reported there would be no changes in the downtown parking but the Committee wanted the staff to continue to work on Franklin Street.
A.	Discussion of community banner program.
MOTION:	Council Member Worthy moved to keep the community banner ordinance as it was with a 90-day minimum and 180-day maximum time for banners to be up.
SECOND:	Council Member Keefe
	Council Member Fogleman inquired if this included advertising.  She stated her opposition to the City Council getting into the advertising business.
	Council Member Keefe stated the Committee had had no intention of addressing advertising, but the Downtown Alliance had requested that no paid banners be placed in the Historic District.
	Council Member Gonzalez inquired why it was okay to have advertisement all over Fayetteville except for downtown.  She stated she felt the same thing should be done City-wide in order to be fair to everyone.
VOTE:	PASSED by a vote of 8 in favor to 2 in opposition (Council Members Gonzalez and Fogleman)
B.	Discussion of site for Senior Center.
	Council Member Worthy stated the Committee recommended Mazarick Park be kept as a designated site for the senior center and to authorize the staff to develop an appropriate agreement for that purpose.
	Council Member Kirby stated for clarification that the senior citizens wanted the contract to go back to them for review and they also wanted the removal of the tower.
	Mr. Robert Barefoot, Chief Operating Officer for Engineering and Maintenance, stated the tower was a guide tower and was under a contract which would have to be negotiated.
MOTION:	Council Member Kirby moved the contract and land lease be sent back to the seniors for review.
SECOND:	Council Member Worthy
	A discussion was held regarding the need for the City Council to endorse the plan, the discard of the downtown sites, and the future of the Blue Street Center.
AMENDED MOTION:
Council Member Keefe requested to include in the motion that the site remain at Mazarick Park and the agreement be sent to the senior citizens.
	Council Member Kirby accepted the amendment.
VOTE:	UNANIMOUS (10-0)
10.	Consider directing staff to begin planning for annexation of the area from the current City Limits line to the Hoke County Line.
MOTION:	Council Member Worthy moved to ask the City Manager to gather the information and report back to the Council.
SECOND:	Council Member Massey
VOTE:	UNANIMOUS (10-0)
11.	Discussion of the storm water channel located on Ireland Drive.
	Mayor Pro Tem Kendrick stated there was a problem with backup, vegetation, and standing water and he wanted to know what management could do to alleviate the issues.
	Mr. Robert Barefoot, Chief Operating Officer for Engineering and Maintenance, stated the City had not done its best job because the area had difficult access to clear and clean and the City did not have the proper equipment.  Mr. Barefoot stated he was exploring new opportunities and developing a new proposal for cleaning it quarterly or at least two times a year with the proper equipment.  He stated he hoped to have a proposal within 90 days.
	Council Member Worthy stated he wanted other open ditches and areas to be included because there should be no bias in prioritizing projects like this.
	Mr. Barefoot stated the Chestnutt Hills area was currently being studied through bond funds.
12.	Boards and Commissions:
A.	Appointments (Elections):
1.	Board of Appeals on Dwellings and Buildings - 3 vacancies - 2 nominations made
	Ms. Lorine McLeod and Ms. Mattie Randolph were reappointed to second terms.
B.	Nominations Only:
1.	City of Fayetteville Linear Park, Inc. - 7 vacancies (2 of which should be City Manager and Finance Director) - 7 nominations made
	Mr. Jerry Thrasher, Director of the Library System, was nominated by Council Member Fogleman.
	Council Member Worthy withdrew Ms. Joyce Tucker from nomination and nominated Mr. James Bowser.
2.	Airport Commission - 3 vacancies
	Mr. James Wilson was nominated by Mayor Pitts, Mr. Jay Wyatt, III, was nominated by Council Member Kirby, Ms. Carolyn Gaskins was nominated by Mayor Pro Tem Kendrick, Mr. Michael Boose was nominated by Council Member Gonzalez, and Ms. Sarita Mallard was nominated by Council Member Worthy.
3.	Human Relations Commission - 6 vacancies:  4 regular vacancies and 2 replacement vacancies
	Ms. Patricia Johnson was nominated by Council Member Smith, Ms. Katherine Marable was nominated by Council Member Haire, and Mr. Michael Hines, Sr., was nominated by Mayor Pro Tem Kendrick, Ms. Jill Smith was nominated by Council Member Kirby, Mr. Tom Hennessey was nominated by Council Member Massey, Ms. Pauline Goodman was nominated by Council Member Massey, Ms. Lou Plummer was nominated by Council Member Fogleman, Ms. Better Parker was nominated by Council Member Haire, and Mr. A.J. Andreas Ringle was nominated by Council Member Haire.
4.	Joint Storm Water Advisory Board - 2 vacancies
	Mr. Joe Glass was nominated by Council Member Kirby.
5.	Public Works Commission - 1 vacancy
	Mr. Luis G. Olivera was nominated by Council Member Haire, Mr. Michael Lallier was nominated by Council Member Fogleman, and Dr. Sid Gautham was nominated by Council Member Kirby.
6.	Public Works Commission Retirement Board - 1 vacancy for PWC employee and 1 vacancy for PWC member
	Ms. Terri Union was nominated as PWC member by Mayor Pitts and Ms. Donna Lopes was nominated as an employee by Mayor Pitts.
C.	Information (No Action Required):
1.	Historic Resources Commission - 1 at-large resignation
13.	ADMINISTRATIVE REPORTS
A.	Report from Cumberland County Board of Elections on dates and costs associated with the November 2003 City Council election.
	Mr. Stancil announced that if a primary were needed, it would be held on October 7, 2003.  He also reported the filing for candidacy would begin on July 7, 2003, at 8:00 a.m. and would close on August 1, 2003, at 12:00 noon.
INFORMATION ITEMS:
1.	Report of tax refunds less than $100.00.
	Name	Year	Basis	City Refund
	Suggs, Archie Lee, Jr. and Lori D.	2002	Corrected Assessment	$20.11
	Total			$20.11
2.	Fayetteville Police Department – Report for April 2003 from the Office of Professional Standards and Inspections.
3.	FACVB – minutes of April 10, 2003.
4.	Fayetteville Redevelopment Commission – minutes of April 9, 2003.
MOTION:	Council Member Smith moved to adjourn the meeting.
SECOND:	Mayor Pro Tem Kendrick 
VOTE:	UNANIMOUS (10-0)
	The meeting adjourned at 10:25 p.m.
SPECIAL MEETING
JUNE 2, 2003
FAYETTEVILLE CITY COUNCIL
SPECIAL MEETING
LAFAYETTE ROOM, CITY HALL
JUNE 2, 2003
7:00 P.M.
Present:	Mayor Marshall B. Pitts, Jr.
Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Mark C. Kendrick (District 6); Anne Fogleman (District 9)
Absent:	Lois A. Kirby (District 5); Curtis Worthy (District 7); Juanita Gonzalez (District 8)
Others Present:	Roger L. Stancil, City Manager
			Lisa Smith, Chief Financial Officer
			Jason Brady, Public Information Officer
			Nicole S. Wright, Deputy City Clerk
			Karen M. McDonald, City Attorney
			Wilson Lacy, PWC Commissioner
			Terry Union, PWC Commissioner
			Sandy Saunders, PWC Commissioner
			Steven K. Blanchard, PWC General Manager
			James Rose, PWC Chief Administrative Officer
			Mick Noland, PWC Chief Operating Officer for Water Resources
			Tom McNeill, PWC Director of Business Planning & Development
			Members of the Press
	The meeting was called to order at 7:10 p.m. by Mayor Pitts.
1.	Joint Budget Meeting with PWC
	Commissioner Lacy, called PWC’s meeting to order and requested that Commissioner Vance Neal be excused.  He then turned the meeting over to Steve Blanchard for presentation of PWC’s proposed 2003-2004 budget.
	Mr. Blanchard stated the budget had two funds, the Electric Fund and the Water and Sewer Fund, and the total cost of the budget was $203,293,400.00, which was a slight increase from what was proposed last year; however a budget amendment request would be coming to Council that would raise PWC’s existing budget approximately $6,000,000.00.  Mr. Blanchard added there were several things in this budget that supported the City.  Mr. Blanchard stated the City would receive funds from the General Fund Contribution in the amount of $6,969,900.00 and the Street Lighting Expense in the amount of $1,350,000.00 and if sales happened to increase those amounts, the City would receive that increase as well.  Mr. Blanchard then discussed economic development funding.  Mr. Blanchard reviewed the pay and benefits portion of the budget, which included a raise in the pay scales of 2.5% while maintaining all current programs and a possible 2.5% performance increase.
	Council Member Fogleman inquired as to where PWC and the City stood in regard to getting all employees on the same pay scale.
	Mr. Blanchard responded the City’s Human Resources group and PWC’s Human Resources group had formed a committee to look at that issue.  Unfortunately there had been a lot of other things that had prevented the committee for working on this matter.  However, an RFP had been put out to do the benefits part of the study.  Mr. Blanchard further stated they were hoping to get a report on that on Friday and proceed from there.
	Roger Stancil, City Manager, stated that there were actually three phases of the study.  Mr. Stancil stated the first phase was to move PWC employees to the City’s Local Government Retirement System Plan, which had been accomplished.  The second phase was to consolidate everyone’s benefits and healthcare and the third phase was the pay.
	Council Member Fogleman inquired if it would be approximately another year before everything would be complete.  City Manager, Roger Stancil, responded in the affirmative.
	Steve Blanchard reviewed the operating expenses per service and gave an analysis of the Electric Fund and the Water and Sewer Fund, adding that the Electric Fund was $148,354,800.00, which was about 77% of the budget and the Water and Sewer Fund was approximately $55,000,000.00, which was 23% of the total budget.  Mr. Blanchard stated that $44,000,000.00 was left and 34% of that would go to principal interest payments on outstanding debt.  Mr. Blanchard noted that the Commission was not planning on increasing any of the electric, water or sewer rates at this time, adding that it was anticipated that with the new contract with Progress Energy, there would be substantial savings and hopefully PWC would be able to reduce rates.  Mr. Blanchard stated that if PWC had remained under the old contract, the rates probably would have had to increase about 10% on the electric side, just to stay even.
	Council Member Haire arrived at 7:28 p.m.
	Council Member Kendrick inquired if charging more for water and sewer for customers who live outside of the City limits had ever been addressed.  Mr. Blanchard responded that there was a 15% rate differential for PWC water customers inside the City versus those outside the City.  However, PWC’s federal loans prohibit discrimination between customer classes for providing sewer service.
	Council Member Kendrick inquired if PWC could bill for services other than electric, water, and sewer.  Mr. Blanchard responded yes and no.  Mr. Blanchard stated PWC does have some capacity, for example, they bill for garbage pick up in Hope Mills.  Mr. James Rose, also added that PWC does outsource their billing.
	Tom McNeill, gave an update and overview on PWC’s annexation efforts.  This included discussing past plans that had been developed, current progress in the IV-B annexation and PWC’s future planning objectives.
	Mayor Pitts stated he continually hears about funds that are available for rural water and sewer projects, but he has also heard that the same funding is not there for urban water and sewer needs.  Mr. McNeill responded that you would think that there would be something there, but they have found that there really isn’t anything where the County could form a district and seek federal and state funds.  Mr. McNeill stated PWC is looking at whether there are any areas in the urban unincorporated area that would meet the criteria for those funds.  Mr. McNeill noted that PWC did find that Shaw Heights and some areas along Shaw Road would be eligible for those funds.  Mr. McNeill further stated that when PWC comes back with their plan for the next phase of annexation, they would leave any areas out that might be eligible for federal and state funds.  It would then be up to the County to form the district and the City could still come back after the fact an annex.  Mr. McNeill stated that every avenue would be explored, but there are few areas in North Carolina that meet that urban population requirement that do not have water and sewer.
	Commissioner Lacy then thanked the Council for allowing PWC to present its budget and allowed Commissioners Union and Saunders to make closing remarks.  Thereafter, Commissioner Lacy adjourned their meeting at 8:17 p.m.
2.	Other budget discussions
	Mayor Pitts asked if the Council had other issues of concern regarding the budget.  There was none.
MOTION:	Council Member Haire moved to adjourn the meeting.
SECOND:	Council Member Smith
VOTE:	UNANIMOUS (6-0)
	The meeting adjourned at 8:19 p.m.
SPECIAL MEETING
JUNE 9, 2003
FAYETTEVILLE CITY COUNCIL
REGULAR MEETING
CITY HALL COUNCIL CHAMBER
JUNE 9, 2003
7:00 P.M.
Present:	Mayor Marshall B. Pitts, Jr.
Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3) (arrived at 7:35 p.m.); Darrell J. Haire (District 4); Lois A. Kirby (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Anne Fogleman (District 9)
Others Present:	Roger L. Stancil, City Manager
			Karen M. McDonald, City Attorney
			Jimmy Teal, Chief Planning Officer
			Victor Sharpe, Interim Community Development Director
			Steven K. Blanchard, PWC General Manager
			Jason Brady, Public Information Officer
			Janet C. Jones, City Clerk
			Members of the Press
INVOCATION - PLEDGE OF ALLEGIANCE
	The invocation was offered by Miss Kelly Day, Young Miss Fayetteville Dogwood Festival 2003, followed by Mayor Pitts leading in the Pledge of Allegiance to the American Flag.
MAYOR’S ANNOUNCEMENTS:
1.	Special Events
	City Manager Roger Stancil reviewed the special events.
	Mayor Pro Tem Kendrick thanked the citizens for their hard work on the Ashton Forest Park cleanup project.
	Mayor Pitts introduced Mr. J. C. Watts & Co.  Mr. Watts who had served eight years as a U.S. Congressman and four years in state government was in Fayetteville to share information about economic development.
	Mayor Pitts introduced Boy Scout Troop 6, Saint Andrews United Methodist Church.  The troop was working on their community and citizenship merit badges.
1.	APPROVAL OF AGENDA
	City Manager Roger Stancil requested to add Item 2.H., approval of grant for homeland security, to the consent agenda.
MOTION:	Council Member Fogleman moved to approve the agenda as amended.
SECOND:	Council Member Smith
VOTE:	UNANIMOUS (9-0)
2.	CONSENT:
	Council Member Keefe requested to pull Item 2.E. and Mayor Pro Tem Kendrick requested to pull Item 2.F.1.
MOTION:	Mayor Pro Tem Kendrick moved to approve the consent agenda with the exception of Items 2.E. and 2.F.1.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (9-0)
	The following items were approved:
A.	Approve minutes:
1.	Regular meeting of May 27, 2003.
2.	Special Joint Meeting with PWC of June 2, 2003.
B.	Adopt resolution in support of American Passenger Rail system.
A FAYETTEVILLE CITY COUNCIL RESOLUTION REGARDING THE AMERICAN PASSENGER RAIL AGREEMENT.  RESOLUTION NO. R2003-052.
C.	Approve Annexation Agreement with Broadwell Land Company, Inc.
D.	Adopt ordinance amending Section 30-263, Administration and Enforcement, of the Code of Ordinances of the City of Fayetteville to increase amount charged for a civil penalty for violation of the sign ordinance (City Council action on May 27, 2003.)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 30-263, ADMINISTRATION AND ENFORCEMENT, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE.  ORDINANCE NO. S2003-009.
E.	Pulled for discussion by Council Member Keefe.
F.	Approve the following financial matters:
1.	Pulled for discussion by Mayor Pro Tem Kendrick.
2.	PWC FY 2003 Budget Amendment #3.
3.	Local Government Resolution for the Governor's Highway Safety Program DWI Checkpoint Equipment grant.
NORTH CAROLINA GOVERNOR’S HIGHWAY SAFETY PROGRAM LOCAL GOVERNMENT RESOLUTION.  RESOLUTION NO. R2003-053.
4.	Capital Project Ordinance 2003-5 (FY 2003 Transit Capital Grant).
	The Federal Transit Administration approved the FY 2003 Transit Capital grant in the amount of $1,239,430.00 for the City of Fayetteville to purchase bus shelters, signage, and three replacement buses.  Funding for the buses ($1,109,430.00) consisted of federal funds (83%), state funds (8%), and local funds (9%).  Funding for the bus shelters ($90,000.00) and signage ($40,000.00) consisted of federal funds (80%) and local funds (20%).
5.	Special Revenue Fund Project Ordinance 2003-6 (FY 2003 Transit Planning Grant).
	The Federal Transit Administration approved the FY 2003 Transit Planning grant in the amount of $153,250.00 for the City of Fayetteville to fund metropolitan planning activities.  Funding for the state-eligible projects consisted of federal funds (80%), state funds (10%), and local funds (10%).
6.	Capital Project Ordinance Amendment 2003-9 (Fayetteville Urban Signal System).
	This $150,000.00 amendment was the annual appropriation for the signal system project.  This project was anticipated to be completed within a five-year period.  The total project was estimated to cost $14,126,360.00 with the City’s share totaling $1,681,069.00.  The source of funding for this amendment was a General Fund transfer.
7.	Capital Project Ordinance Amendment 2003-10 (Bond Administration, Street Construction, Sidewalks and Drainage Improvements).
	This amendment was for the appropriation of $5,284.00 of investment income to be used for bond projects.
8.	Capital Project Ordinance Amendment 2003-11 (Street Construction).
	This amendment was for the appropriation of $6,393.00 of investment income to be used for bond projects.
9.	Capital Project Ordinance Amendment 2003-12 (Phase 3A Annexation and future phases of Annexation).
	This amendment was for the appropriation of $990.00 of investment income to be used for bond projects.
10.	Capital Project Ordinance Amendment 2003-13 (Phase 3B Annexation and future phases of Annexation).
	This amendment was for the appropriation of $9,074.00 of investment income to be used for bond projects.
11.	Capital Project Ordinance Amendment 2003-14 (Street Construction).
	This amendment was for the appropriation of $31,526.00 of investment income to be used for bond projects.
12.	Capital Project Ordinance Amendment 2003-15 (Phase 4A Annexation and future phases of Annexation).
	This amendment was for the appropriation of $15,210.00 of investment income and to reflect a bond premium of $19,256.00
13.	Capital Project Ordinance Amendment 2003-16 (USO/Festival Park).
	This amendment was for the appropriation of additional funding for the demolition and rehabilitation of the USO site and the design of Festival Park.
14.	Capital Project Ordinance Closeout 2003-9 (T-Hangar Project).
	This project was for the construction of aircraft t-hangars at the airport.  All revenues and expenditures for this project had been audited and the project was ready for closure.
15.	Capital Project Ordinance Closeout 2003-10 (Transit AVL Grant).
	This project was established to purchase computer equipment and software associated with the Automatic Vehicle Location project.  All revenues and expenditures for this project have been audited and the project is ready for closure.
16.	Capital Project Ordinance Closeout 2003-11 (Downtown Revitalization Project).
	This ordinance was established for the PWC Downtown Revitalization Project.  All revenues and expenditures for this project had been audited and the project was ready for closure.
17.	Special Revenue Project Ordinance Closeout 2003-1 (Mobile Data Computer Project).
	This special revenue ordinance was for the Mobile Data Computer Project Grant awarded by the N.C. Department of Crime Control and Public Safety to equip the Police Department with 30 mobile data computers.  This ordinance would close the grant.
18.	Special Revenue Project Ordinance Closeout 2003-2 (1999 Local Law Enforcement Block Grant).
	The 1999 Local Law Enforcement Block Grant was awarded to the Police Department by the U.S. Department of Justice to purchase four surveillance cameras, two prisoner transport vans, and 35 mobile data computers.  All revenues and expenditures for this project had been audited and the project was ready for closure.
19.	Special Revenue Project Ordinance Closeout 2003-3 (Strict and Fair Enforcement Program 2000).
	This ordinance was for the Strict and Fair Enforcement Program (S.A.F.E.) for the nine months ended September 30, 2000, administered by the North Carolina Governor’s Highway Safety Program to increase enforcement efforts, conduct traffic safety education, and to improve management of the highway system.  All revenues and expenditures for this project had been audited and the project was ready for closure.
20.	Special Revenue Project Ordinance Closeout 2003-4 (Strict and Fair Enforcement Program 2001).
	This ordinance was for the Strict and Fair Enforcement Program (S.A.F.E.) for the 12 months ended September 30, 2001, administered by the North Carolina Governor’s Highway Safety Program to increase efficiency of accident reconstruction, and increase efficiency of citation issuance.  All revenues and expenditures for this project had been audited and the project was ready for closure.
21.	Special Revenue Project Ordinance Partial Closeout 2003-5 (Community Development Block Grant Program Delivery).
	This project was for the program year 25 of the Community Development Block Grant.  All revenues and expenditures for this project had been audited and the project was ready for closure.
22.	Special Revenue Project Ordinance Partial Closeout 2003-6 (Police Horse Barn).
	This project was for the Police Horse Barn project completed in 1997 and funded by Federal Forfeiture and NC Controlled Substance monies.  All revenues and expenditures for this project had been audited and the project was ready for closure.
23.	Special Revenue Project Ordinance Partial Closeout 2003-7 (Multipurpose Police Classroom).
	This project was for the Multipurpose Police Classroom project completed in 1999 and funded by Federal Forfeiture monies and an interfund transfer.  All revenues and expenditures for this project had been audited and the project was ready for closure.
24.	Special Revenue Project Ordinance Closeout 2003-8 (FY 2000 Transit Planning Grant).
	This project was to fund transit-planning activities for fiscal year 2000.  All revenues and expenditures for this project had been audited and the project was ready for closure.
25.	Special Revenue Project Ordinance Closeout 2003-9 (FY 2001 Transit Planning Grant).
	This project was established to fund transit-planning activities for fiscal year 2001.  All revenues and expenditures for this project had been audited and the project was ready for closure.
26.	Final Amended Budget Ordinance for Fiscal Year 2003.
G.	Approve rezoning matters:
1.	P03-19F.  Rezoning from C1P Shopping Center District to C1 Local Business District or to a more restrictive zoning classification for property located at 818-822 Hope Mills Road.  Containing .70 acres more or less and being the property of R. Wayne Johnson, as evidenced by deed recorded in Deed Book 5259, page 0197, and Deed Book 2164, page 0409, Cumberland County Registry.
H.	Approval of grant for homeland security.
LOCAL GOVERNMENTAL RESOLUTION.  RESOLUTION NO. R2003-054.
E.	Authorize Mayor to forward letter of support for HUD Section 811 Application for affordable housing for lower-income residents in Fayetteville.
	Council Member Keefe pulled this item for discussion.  He stated it was his desire not to concentrate HUD projects in one area and he inquired if any research had been done on this project by the City.
	City Manager Roger Stancil stated that no research had been done but it was his understanding 14 existing units at the Briarcliff Condominiums were going to be acquired and renovated for handicap accessibility with the rent being based on HUD’s low- to moderate-income standards.  Mr. Stancil stated the City had not notified the neighborhood to his knowledge.
MOTION:	Council Member Keefe moved to pull this item until more information could be gotten from Community Development.
SECOND:	Council Member Gonzalez
	Council Member Fogleman stated she did not understand what Council Member Keefe was saying but to her it came across as discriminatory and handicapped housing was definitely needed in the City.
	Council Members Worthy and Smith expressed their support for the approval of the letter.
VOTE:	FAILED by a vote of 1 in favor (Council Member Keefe) to 8 in opposition
MOTION:	Council Member Worthy moved to approve the request and the item.
SECOND:	Council Member Fogleman
VOTE:	PASSED by a vote of 8 in favor to 1 in opposition (Council Member Keefe)
F.1.	Contract for purchase of Cab and Chassis to Southern Truck Service, Inc. (Waive competitive bidding under G.S. § 143-129(g) and piggyback on City of Charlotte bid) for a total contract price of $175,740.00 for two cabs and chassis.
	Bids were received as follows:
Southern Truck Service, Inc., of Charlotte	$92,049.00
Tarheel Ford Sterling Truck Center of Charlotte	$95,768.00
Volvo and GMC Truck Center of Charlotte	$99,077.00
	Mayor Pro Tem Kendrick pulled this item for discussion.  He thanked the staff for their efforts in piggybacking with the City of Charlotte and reducing the price paid by the City.
MOTION:	Mayor Pro Tem Kendrick moved to approve Item 2.F.1.
SECOND:	Council Member Smith
VOTE:	UNANIMOUS (9-0)
3.	PUBLIC HEARINGS:
A.	P03-24F. Consider the reauthorization of the Downtown Municipal Service District for a five-year period beginning July 1, 2003 through June 30, 2008.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  He reviewed the history of the Downtown Municipal Tax Service District which had been effective since 1978 and was set to expire June 30, 2003.  Mr. Teal explained if there was no district designated, the downtown parking would have to come from the General Fund.
	Mr. Stancil informed the Council that the only action they needed to take was to reauthorize the district and they would not be setting the tax rate because it would be done when the budget was approved.
	This is the advertised public hearing set for this date and time.  The public hearing opened at 7:27 p.m.
	Dr. Hank Parfitt, 112 Great Oaks, Fayetteville, NC, and Mr. Joseph W. Baggett, 365 Valley Road, Fayetteville, NC, appeared in favor of the downtown tax.
	Council Member Massey arrived at the meeting at 7:35 p.m.
	Mr. Bruce Arnold, 313 Glenola Street, Fayetteville, NC, appeared in favor of the tax with the recommendation that the funds be administered by a subcommittee from the Downtown Alliance with requirements that the members be a resident or owner who conducted business on a daily basis in the district.
	Mr. Arnold stated it was his understanding that McLaurin Parking was serving the McNeill Circle/Hull Road area at Fayetteville Technical Community College, and he did not think this should come out of the downtown district taxes.
	Mr. John Malzone, 3305 Hutton Place, Fayetteville, NC, expressed his support for the tax.  He urged the Council to include the Downtown Alliance in decisions regarding the funding, but Mr. Malzone stated he thought the best thing that had been done was when the funds had been allocated for capital funding only.
	Dr. Menno Pennink, 468 Willow Bend Lane, Fayetteville, NC, appeared in opposition to the tax district because he felt that all citizens needed to support the downtown.  Dr. Pennink stated the downtown owners should have a say in how the funds would be spent.
	There being no one further to speak, the public hearing closed at 7:47 p.m.
A RESOLUTION OF THE FAYETTEVILLE CITY COUNCIL CREATING A MUNICIPAL SERVICE DISTRICT PURSUANT TO CHAPTER 160A, ARTICLE 23, OF THE NORTH CAROLINA GENERAL STATUTES.  RESOLUTION NO. R2003-055.
MOTION:	Council Member Fogleman moved to reauthorize the Downtown Municipal Tax Service District for a five-year period.
SECOND:	Council Member Smith
AMENDMENT TO MOTION:
Council Member Keefe moved that all members of the Downtown Alliance come to the Development Committee and bring suggestions for use of the funds.
	Mayor Pitts requested to abstain from voting because he was a downtown property owner.
	Council Member Keefe stated he would also have to abstain on the same grounds as the Mayor.
MOTION:	Council Member Massey moved to excuse Council Members Keefe and Pitts from voting and discussion.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (8-0)
	Council Member Keefe withdrew his amendment to the motion.
	Council Member Fogleman stated she did not want it to be a part of the motion to take this to the Development Committee.  She noted that the Downtown Alliance could come to the Development Committee with suggestions as to the how the money should be spent but it was not a part of her motion.
VOTE:	UNANIMOUS (8-0)
	Mayor Pro Tem Kendrick requested information on whether downtown money was being spent on the McNeill Circle/Hull Road area.
B.	Consider Fiscal Year 2003-04 Annual Budget.
	City Manager Roger Stancil presented this item.  He stated because he had already made two presentations regarding the proposed budget, he was not planning to make one tonight.  He advised the Council that the budget ordinance was attached if they decided to adopt it tonight.
	Mayor Pitts requested that all public speakers give suggestions on the budget to the Council for consideration.
	This is the advertised public hearing set for this date and time.  The public hearing opened at 7:55 p.m.
	Mr. Andreas Ringl, 1800 Catawba Street, Fayetteville, NC, requested the Council reconsider the increased fee of $99.00 for backdoor pickup and the elimination of leaf pickup from the curb because it would be a hardship on the elderly.
	Mr. Ringl suggested the City upgrade the lubricant used on City vehicles.
	Mr. Jose I. Cardona, 7018 Kittridge Drive, Fayetteville, NC, reviewed a list of tax-exempt properties and requested that taxes not be raised.
	Mr. Timothy Eastridge, 111 South 5th Street, Spring Lake, NC, stated the citizens would benefit from doing away with pork-barrel funding and with the budget being reviewed on a line-item basis.
	Mr. Bruce Arnold, 313 Glenola Street, Fayetteville, NC, expressed his sympathy to the City for having gotten the short end of the stick in revenues.  He stated he felt it was unfair of the County to set their public hearing the same night as the Council because it kept citizens from speaking.  Mr. Arnold expressed his support to the Council.
	Mr. L. A. Barner, 337 Rhew Street, Fayetteville, NC, stated due to re-evaluation his taxes had increased 10 percent with the tax rate remaining the same and that was true of all residential property owners.  He stated that he had no problem with cutting leaf service but he felt management’s salary should be cut 5 to 10 percent and the tax rate should be reduced to 45.5 cents to offset the 10 percent increase.
	Mr. Edward Hughes, 2624 Sandcastle Road, Fayetteville, NC, stated that years back the City had agreed to pick up trash and in return the citizens had agreed not to burn trash.  Mr. Hughes stated if the City was going to renege on that contract, then he was going to burn his trash.  He suggested management be cut and top management position salaries be reduced by 10 percent.
	There being no one further to speak, the public hearing closed at 8:14 p.m.
	Council Member Gonzalez asked Mr. Stancil to clarify the backdoor pickup proposal.
	Mr. Stancil stated his recommendation was to eliminate the service for anyone who did not meet the elderly or handicap standards via a doctor’s certificate and to charge $99.00 annually unless a person met the low-income standards of HUD.
	Council Member Smith stated she did not want to take anything away from the senior citizens.
	Council Member Worthy stated he felt there should be a age stipulation on adult services because he did not want to impose fees on senior citizens.
MOTION:	Mayor Pro Tem Kendrick moved to hold a special budget meeting on Thursday, June 19, at 6:00 p.m.
SECOND:	Council Member Kirby
VOTE:	UNANIMOUS (10-0)
	Council Member Gonzalez requested the City Manager provide figures on a lower tax rate of 51 cents.
	Mr. Stancil requested that all Council requests and suggestions be submitted to him by the end of the week so he would be able to get an information packet ready for the special budget meeting.
C.	P03-13F.  Consider the rezoning from R10 Residential District to R6 Residential District or to a more restrictive zoning classification for property located at 2203 Morganton Road.  Containing 1.83 acres more or less and being the property of Miller Richardson Investments, LLC, as evidenced by deed recorded in Deed Book 4781, page 0005, Cumberland County Registry.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  He reviewed the current zoning, the current land use, and the 2010 Land Use Plan.  Mr. Teal advised that the Zoning Commission and the Planning staff recommended approval of the R6 Residential district.
	This is the advertised public hearing set for this date and time.  The public hearing opened at 8:25 p.m.
	Mr. Stacy Weaver, Attorney, appeared on behalf of the petitioner.  He stated the petitioner was planning to build 11 apartments which would be handicap accessible.  Mr. Weaver stated from a planning and development standpoint, the R6 zone district was a logical extension of the current zoning.  He presented letters from the neighborhoods which reflected their approval of the project and assured the Council that an engineering company would be hired to address the storm water drainage issues.
	There being no one further to speak, the public hearing closed at 8:30 p.m.
	Council Member Kirby informed the Council she had personally called around the neighborhood and there had been no opposition.
MOTION:	Council Member Haire moved to follow the Zoning Commission’s recommendation.
SECOND:	Council Member Keefe
	Council Member Gonzalez expressed her opposition to the rezoning.  She stated she opposed this because there was a probability a road would be placed in the back part of the property which would go into a residential area, that the front exit on Morganton Road would be dangerous, and there was a water issue.  Council Member Gonzalez stated she felt it was wrong for the Council to continue to approve the cramming of more buildings into smaller acres.
	Mayor Pitts pointed out that too often inappropriate discussion was held regarding what a zoning petitioner was going to do with his property, and the only thing the Council should look at was the uses in the proposed zoning district.
VOTE:	PASSED by a vote of 9 in favor to 1 in opposition (Council Member Gonzalez)
D.	P03-18F.  Consider an application by Fayetteville Metropolitan Housing Authority for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 30-108(2), to allow automobile off-street parking in an R5 Residential District for a portion of the property located at 1000 Ramsey Street.  Containing .15 acres more or less and being the property of the Fayetteville Metropolitan Housing Authority as evidenced by deed recorded in Deed Book 5212, page 0576, Cumberland County Registry.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  Mr. Teal reviewed the current zoning, the current land use, and the 2010 Land Use Plan.  He stated the Metropolitan Housing Authority was requesting a Special Use Permit for off-street parking.  Mr. Teal stated the Zoning Commission recommended approval of the Special Use Permit, but the staff could not make any recommendations because decisions had to be based on testimony during the public hearing.
	Mr. Teal advised the Council they could require a 6-foot solid fence or landscaping to shield the parking lot from the adjoining residential property and place any other conditions they deemed necessary.
	This is the advertised public hearing set for this date and time.  The public hearing opened at 8:46 p.m.
	After being sworn in, Mr. James Cooper, Attorney, appeared on behalf of the petitioner.  He informed the Council there would be no pedestrian traffic and a new administrative office was going to be built with access from Mary Street.  Mr. Cooper stated parking spaces were needed and he felt this would be an economic plus for the City.
	Council Member Kirby inquired if there was a plan to keep the fence.  Mr. Cooper replied in the affirmative.
	There being no one further to speak, the public hearing closed at 8:50 p.m.
MOTION:	Council Member Worthy moved to accept the Special Use Permit with the conditions that there be no ingress or egress on Ramsey Street and that a 6-foot solid fence be erected as a buffer for the residential neighborhood.
SECOND:	Council Member Fogleman
VOTE:	UNANIMOUS (10-0)
4.	Monthly Commissioner Report from Public Works Commission.
	Mr. Steve Blanchard, PWC General Manager, presented this item and made the following report:
1.	A lighting plan for downtown had been finalized and the City staff was working on a coordinated sidewalk design.  Street lighting design for the upcoming annexation thoroughfares was complete.  Installation of lights along Bingham Drive was complete.  Other thoroughfares were waiting for DOT encroachment approval or road construction completion.
2.	Commission staff was continuing to work with the City staff on a revenue bond issue to support annexation efforts.  Both staffs were working together to develop an alternative cost-sharing agreement for Phase IV-B Annexation.  Another refunding opportunity for existing bonds to reduce interest costs was under development.
3.	Cost of service review of electrical rates would be completed in the third quarter of 2003.  Changes would be developed and implemented prior to January 1, 2004.
4.	Commission staff and City staff had met with Fort Bragg personnel to discuss providing potable water to Fort Bragg as a commodity.  PWC staff was working on a proposal as requested by Fort Bragg personnel.  A follow-up meeting had taken place and a joint project with the City, PWC and Fort Bragg was being developed.
5.	PWC was evaluating appropriate options for existing generation facilities that had reached their life expectancy and required costly maintenance and repair.
6.	PWC staff was working with City staff on evaluating the “future city” concept and the cost for utility installations.
7.	The PWC staff had completed its FY 2004 Budget.  The PWC Manager and City Manager were attempting to schedule a Joint City/Commission meeting for June 2, 2003.
8.	The Commission had completed its strategic planning process for this year and the final plan had been approved.  Copies of the plan had been forwarded to the City Manager for distribution to the Mayor and City Council.
9.	The Commission staff was continuing its initial implementation phase of a company-wide work management system (Logica).  It was expected to take 12 months to complete and would help reduce operating costs as part of a continuous process improvement program.
5.	Consider request to address City Council from Jim Smith regarding Northgate Village Apartments.
	Mr. Jim M. Smith, 222 Eunice Street, Fayetteville, NC, presented this item.  Mr. Smith stated he had a petition with 60 signatures in opposition to the Northgate Village Apartment project.  He stated incorrect information had been given to the Council at their last meeting and he wanted to correct the situation.
	Mr. Smith informed the Council there had been two public hearings with three people in favor and there were concerns about the decrease in property values, traffic, safety, drugs, the proximity of Longview Greens and buffering.
	Mr. Smith stated he did not understand why there were restrictions on group homes but nothing to limit HUD projects.  He inquired of the Council how to correct the current situation because no letter of support should be issued by the City.
	Council Member Keefe inquired if there was any recourse.  City Attorney Karen McDonald stated that an item could be reconsidered with a three-fourths vote (8 votes) of the Council.
MOTION:	Council Member Keefe moved to request a public hearing to hear from the citizens at the next meeting.
SECOND:	Council Member Gonzalez
	Ms. McDonald informed the Council that the letter of support had been mailed to HUD.
	A discussion was held regarding the pros and cons of holding a public hearing.
	Mr. Victor Sharpe, Interim Community Development Director, stated that if the letter was rescinded, the City would be shooting itself in the foot, and he felt the City should be doing this and his job was to help provide affordable housing in the community.  Mr. Sharpe stated that a letter of rescindment would imply that the City of Fayetteville did not want HUD dollars in the community.
	Council Member Keefe stated facts had been misrepresented and in reality the bus stop was a half mile away, the shopping access was across a six-lane road, and the people should be listened to and not a consultant.
	Council Member Gonzalez stated the citizens were not coming after the fact and there was a need for a public hearing.  She stated she was opposed to the concentration in this area and this would not be denying the project but would be just asking them to build it somewhere else.
	Mayor Pitts stated there was always an attempt to make issues like this the bad guy versus the good guy and there had been no bad intent on the Council’s part because there was no funding, there were HUD time restraints, and the Council had concerns about the need for affordable housing for senior citizens.
	Council Member Massey stated he was aware of the issues and he had no problem with the public hearing, but there was a need to look at the majority of the community’s needs as a whole.  Mr. Massey stated the letter was legitimate and the location was another issue.
	City Attorney Karen McDonald again informed the Council they must have a three-fourths vote to reconsider the item.  She reminded the Council the letter had been sent and if they had eight votes to set the public hearing, then they could vote to rescind the letter.
	In response to an inquiry, Mr. Sharpe stated the HUD deadline for submission of the project by the Wellons was June 13, 2003.
	City Attorney McDonald suggested the neighborhood residents write a letter expressing their opposition to the project.
	Mr. Jim Smith stated there was no need for a public hearing because all he was asking for was for the Council to rescind the letter in the name of bad information and then they could hold a public hearing.
	Council Member Keefe withdrew his motion.
	Council Member Worthy stated he would not take it lightly if the letter was rescinded because men and women of integrity needed to think through every issue carefully before casting a hap-hazardous vote.
MOTION:	Council Member Gonzalez moved to have the Council write a letter to HUD and state that new information had come to light and the Council supported projects like this but did not support this project being placed in this area at this time.
SECOND:	Council Member Keefe
VOTE:	FAILED by a vote of 4 in favor (Council Members Keefe, Pitts, Haire and Gonzalez) to 6 in opposition (Council Members Smith, Kendrick, Kirby, Massey, Fogleman and Worthy)
6.	Report from Conservation and Environment Committee.
	Council Member Massey, Chairman of the Conservation and Environment Committee, presented this item.
A.	Update on Environmental Court.
	Council Member Massey reported this was an ongoing process and he wanted to ensure that all stakeholders would be involved in the project.
B.	Discussion of Roses Lake.
	Council Member Massey reported that several issues had been raised and considerable conversation had been held.  He stated storm water funds may be used to address the issues and meet the needs of the community.
	Mayor Pro Tem Kendrick stated that he had talked with the Corp of Engineers and had found out that once a dam had been breached, there was a time span of from three to five years before it reverted back to its natural stage.
7.	Consider items for referral to the City-County Liaison Committee (Meeting to be held July 24, 2003).
	City Manager Roger Stancil suggested that a discussion on the hospital decision on ambulance EMS service be placed on the agenda.  Council Member Haire requested that storm water drainage and annexations be discussed and that a discussion be held on the need for County support for the transit system.
	Mayor Pitts stated he felt the coalition of Mayors should be the vehicle to resolve the sales tax issue and there was going to be a meeting on July 11, 2003, and he requested the Council to attend.
8.	BOARDS AND COMMISSIONS:
A.	APPOINTMENTS
1.	City of Fayetteville Linear Park, Inc. - 7 Vacancies (2 of which must be City Manager and Chief Financial Officer) - 5 regular members plus City Manager and Chief Financial Officer to be appointed - 8 nominations made
	The following appointments were made:
	A.	Mr. Roger Stancil, City Manager
	B.	Ms. Lisa Smith, Chief Financial Officer
	C.	Mr. Harry Shaw
	D.	Dr. Melvin Henderson
	E.	Mr. Jerry Thrasher
	F.	Mr. James Bowser
	G.	Ms. Molly Arnold
B.	NOMINATIONS:
1.	Airport Commission - 3 vacancies - 5 nominations made
	There were no additional nominations made.
2.	Human Relations Commission - 6 vacancies (4 regular appointments and 2 replacements for terms expiring June 2004) 9 nominations made
	Ms. Sonia Vega-Pelican was nominated by Council Member Kendrick.  Ms. Chanelle Green was nominated by Council Member Massey for reappointment.
	Council Member Haire withdrew Katherine Marable and Betty Parker from the nominations and nominated Ms. Charlene Ranson.
	Ms. Sally Vallabha was nominated by Mayor Pitts.
3.	Joint Storm Water Advisory Board - 2 vacancies - 1 nomination needed – 1 nomination made as follows:
	Mr. Robert Bennett was nominated by Council Member Fogleman.  Mr. Garrett Davis was nominated by Council Member Smith.
4.	Public Works Commission - 1 vacancy - 3 nominations made as follows:
	There were no additional nominations made.
5.	Public Works Commission Retirement Board - 1 vacancy for PWC employee and 1 vacancy for PWC member - 2 nominations made as follows:
	There were no additional nominations made.
6.	Historic Resources Commission Resignation - 1 at-large vacancy for term expiring in October 2003 - 1 nomination needed
	Mr. Michael Isler was nominated by Council Member Haire.
C.	INFORMATION FOR UPCOMING JULY 2003 VACANCIES (NO ACTION REQUIRED)
1.	Fayetteville City Planning Commission - 4 Vacancies
2.	Fayetteville City Zoning Commission - 2 Vacancies
3.	Taxicab Review Board - 2 Taxi Industry vacancies plus 1 Alternate position
9.	ADMINISTRATIVE REPORTS
A.	Update on Council projects.
INFORMATION ITEMS:
1.	Update on Community Street Banner ordinance amendment procedure.
2.	Statement of taxes collected for the month of April 2003 from the Cumberland County Tax Administrator.
2002 Taxes	$234,746.78
2002 Vehicle Taxes	250,642.89
2002 Revit	995.93
2002 Vehicle Revit	62.98
2002 FVT	28,023.94
2002 Storm Water	16,481.00
2001 Taxes	19,853.42
2001 Vehicle Taxes	8,717.45
2001 Revit	0.00
2001 Vehicle Revit	0.00
2001 FVT	1,287.19
2001 Storm Water	1,558.78
2000 Taxes	7,127.09
2000 Vehicle Taxes	873.39
2000 Revit	0.00
2000 Vehicle Revit	0.00
2000 FVT	121.02
2000 Storm Water	402.29
1999 Taxes	2,268.75
1999 Vehicle Taxes	265.05
1999 Revit	0.00
1999 Vehicle Revit	0.00
1999 FVT	68.30
1999 Storm Water	96.00
1998 and Prior Taxes	2,218.39
1998 and Prior Vehicle Taxes	839.13
1998 and Prior Revit	0.00
1998 and Prior Vehicle Revit	0.00
1998 and Prior FVT	182.58
1998 and Prior Storm Water	114.64
Interest	23,069.00
Interest (Revit)	32.54
Interest (Storm Water)	1,068.22
Fayetteville Discount (Current)	0.00
Fayetteville Discount (Revit)	0.00
Total Collections	$601,116.75
3.	Letter from Cherry, Bekaert & Holland, City Audit Firm, regarding the nature and scope of the procedures that auditors will perform on City accounts.
4.	Report from Chairman of Airport Commission on annual Certification Inspection.
5.	Letter of appreciation from Division Engineer of the NCDOT for transportation assistance for Boards of Transportation during the Festival of Flight.
6.	Letter of appreciation from visitor for assistance with reunion event.
7.	Letter of appreciation from Festival of Flight 2003 to Police Department for assistance during festival.
8.	Letter of appreciation from the Fayetteville Dogwood Festival Chairman for assistance during the 2003 Festival.
9.	Letter of appreciation from the Cape Fear Aero Association for assistance during the air show at Fayetteville Regional Airport.
10.	Airport Commission – minutes of April 29, 2003.
11.	PWC – minutes of May 14, 2003.
12.	Planning Department - monthly report for April 2003.
MOTION:	Mayor Pro Tem Kendrick moved to adjourn the meeting.
SECOND:	Council Member Fogleman
VOTE:	UNANIMOUS (10-0)
	The meeting adjourned at 10:00 p.m.
BUDGET SESSION
JUNE 19, 2003
FAYETTEVILLE CITY COUNCIL
BUDGET SESSION
LAFAYETTE ROOM, CITY HALL
JUNE 19, 2003
6:00 P.M.
Present:	Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4) (arrived at 6:20 p.m.); Lois A. Kirby (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8) (arrived at 6:20 p.m.); Anne Fogleman (District 9)
Absent:	Mayor Marshall B. Pitts, Jr.
Others Present:	Roger L. Stancil, City Manager
			Karen M. McDonald, City Attorney
			Lisa Smith, Chief Financial Officer
			Finance Department Analyst Staff
			Jason Brady, Public Information Officer
			Janet C. Jones, City Clerk
			Members of the Press
	The meeting was called to order at 6:00 p.m. by Mayor Pro Tem Kendrick.
	City Manager Roger Stancil stated he had prepared and distributed a memo with the answers to the questions raised by the City Council regarding the budget.  He reviewed the following areas:
1.	Recreation fees for senior citizens:  Mr. Stancil reported that he was not recommending a fee increase for any designated senior programs, but was recommending a fee increase for adult athletic participant fees and open gym fees.  He stated the City could implement a 55-plus fee waiver in athletic programs with very little impact on the adult athletic fee projections.
2.	Backdoor service for garbage collection:  Mr. Stancil recommended that because of the complex issues involved in this area, he felt that things should be left as they were now and this issue should be brought back to the Council for deliberation when more time was available to provide relevant and accurate information.
3.	Effective date of fee increases:  Mr. Stancil recommended that the effective date of fee increases be moved to January 1, 2004, because that would give more time to educate and inform the public.
MOTION:	Council Member Worthy moved to approve the 55-plus exclusion and to accept the backdoor recommendations and the fee increase to be effective January 1, 2004.
SECOND:	Council Member Smith
VOTE:	UNANIMOUS (7-0)
	Mr. Stancil informed the Council that he had the budget ordinance ready for their approval if they decided to approve the budget.
	Council Member Kirby stated she would like for the citizens to know the cuts that would have to be made in services if the Council considered reducing the tax rate.
	Mr. Stancil stated the reduction of the tax rate could not be achieved without reducing services because the flexibility of the budget had been eliminated meeting the challenge of absorbing the $2.1 million payment to the County.  He stated the $1.6 million gain from the increase in value of property inside the City was easily offset by the skyrocketing cost of healthcare in Cumberland County and the increased cost of operations reflected in fuel prices.  Mr. Stancil reported the $1.6 million was the only new revenue available to the City because the new revenue from the one-half cent sales tax had been taken by the loss of reimbursements from the state and the payment to the County.
	Mr. Stancil reviewed other options for elimination and reduction identified by the Council and the community summit as follows:
1.	Park Rangers:  Savings - $168,081.00.  Consequences - Clark Park and its nature center will close, resources lost for maintaining and supervising River Trail soon under construction, storm water education lost, and professional employees lost.
2.	Community Programs of Human Relations:  Savings – $97,533.00.  Consequences - Reduced fair housing enforcement, end of Study Circles, elimination of training for businesses in diversity management and equal opportunity, and professional employees lost.
3.	Mounted Patrol:  Savings - $249,129.00.  Consequences - Reduction in coverage for the downtown area, loss of options for crowd control and special events, and sworn police positions reduced by five.
4.	Park Patrol:  Savings - $161,320.00.  Consequences - Reduced coverage of parks and recreation programs, increased responsibilities for zone officers, and sworn police positions reduced by four.
5.	Support of Fascinate-U Children’s Museum:  Savings - $108,000.00.  Consequences - Elimination of three full-time staff positions, loss of potential state funding of $63,000.00, reduced operating hours by 40 percent, and no outreach.
6.	Support of Arts Council:  Savings - $175,000.00.  Consequences - Eliminating International Folk Festival, Dickens’ Holiday, Fourth Friday, and reducing student arts programs in Cumberland County Schools; layoff of arts agency employees; elimination of various services by member agencies such as Cape Fear Regional Theater, Fayetteville Symphony, Fayetteville Museum of Art, Cape Fear Studios; and voiding of long-term agreement between City, County, and Arts Council to find other funding sources for the arts (occupancy tax) gradually reducing requests to local governments.
	Council Member Kirby stated if the taxes were reduced, it would set the City in a tailspin and she wanted the citizens to understand clearly what the City would lose.
	Council Member Fogleman inquired about the increased budget figures for the City Manager’s and City Attorney’s offices.  Mr. Stancil reported to the Council that no salary increases were included in the figures except for the salary of the Assistant City Manager position.  Mr. Stancil stated there would be a savings of $80,000.00 by eliminating two positions and replacing them with the one Assistant City Manager position.
	Council Members Haire and Gonzalez arrived at 6:20 p.m.
	Mr. Stancil reported that the increase in the City Council’s budget was a result of moving the $750.00 supply allowance into Council compensation.
	Council Member Fogleman inquired about the possibility of increasing fuel prices and counter space fees at the Airport.  Mr. Stancil stated that would not affect the General Fund and would be reflected in the Airport revenues only.
	Council Member Smith expressed her concern about bringing in a new Assistant City Manager when other employees were not getting raises.  She stated she thought all positions had been frozen and it was her understanding that also applied to the Assistant City Attorney position.  She stated she felt that did not need to be carried out at this time.
	Mr. Stancil explained that all positions had been frozen except for the Police Department, the Fire Department, and the Communication dispatchers and no other position could be filled without his approval.
	Council Member Smith stated that a position could be frozen today but could be opened tomorrow.
	Council Member Worthy stated that when it came to voting on the budget with frozen positions, maybe consideration should be given to removing the allocation for that funding because he felt it was a bad signal to open a position when employees were not getting a raise.
	Council Member Keefe stated it was his understanding that the Council had had concerns about the lack of an Assistant City Attorney and had directed the City Manager to create that position.
	Council Member Haire stated he agreed with Council Member Keefe.
	Mr. Stancil stated the position had been added but the hiring had been frozen.  Council Member Smith stated she had no problem with the Assistant City Manager position but the reason she had brought up this issue was that she had concerns about the staff not receiving raises when they had been carrying the full load of work this past year and she felt it was unfair to bring someone new in and pay them when nothing was being done for the employees.
	Mayor Pro Tem Kendrick stated if anything were to happen to the City Manager, the City needed to have an Assistant City Manager to assume the City Manager’s duties.
	Mayor Pro Tem Kendrick stated he did not feel the citizens had been heard during the budget process and he expressed his concern that the City was providing human resource and human relation services to the County citizens when the County was not paying their fair share.
	Mayor Pro Tem Kendrick stated the citizens could not afford a tax increase, but with the national state and local economy being what it was, there was no choice at this time.  He inquired what damage would be done to the fund balance if money was taken from the fund balance and then not raise the taxes.
	Mr. Stancil stated it was not a wise move and he reminded the Council that $1 million was being taken from the fund balance for the budget.  Mr. Stancil reported that the City had not received any new revenue from the one-half cent sales tax because these funds had been shifted to the County and the property values in the City of Fayetteville have only increased 4.8 percent over an eight-year time span and that was not good.
	Discussion was held regarding the need to consider the costs and effect of the continuation of annexation plans, the deletion of the leaf season pickup, and the possibility of natural disaster expenses within the City of Fayetteville.
	Mr. Stancil reported that the net increase of the current reevaluated tax base was $966,886.00 with a revenue neutral tax rate increase of 2.78 percent.
	Council Member Massey stated he felt the solution was not to take away essential City services, but rather it was to increase the responsibility of the citizens to do more of the things they were able to do for themselves.  He stated these were tough times and hard economic decisions were having to be made and the City could not continue to provide the services that had been done in the past, but rather each person was going to have to commit to helping in these hard times.
	Council Member Worthy stated he had confidence in the City Manager’s skills and ability and he had changed his mind and felt that consideration must be given to who would take Mr. Stancil’s place and so therefore he supported the budget and withdrew what he had said about the Assistant City Manager position.
MOTION:	Council Member Worthy moved to accept the budget recommendation and approve the Budget Ordinance for 2003-2004 with a tax rate of 53 cents and a Central Business Tax Rate of 10 cents.
SECOND:	Council Member Fogleman
	Council Member Gonzalez stated she felt the approval of the budget needed to be done at a regular televised City Council meeting and she had not come to this meeting ready to vote on the budget because it was her understanding that this was a budget workshop.
VOTE:	FAILED by a vote of 4 in favor (Council Members Smith, Kirby, Worthy and Fogleman) to 5 in opposition (Council Members Gonzalez, Haire, Massey, Kendrick and Keefe)
MOTION:	Council Member Worthy moved to adjourn the meeting.
SECOND:	Council Member Smith
VOTE:	UNANIMOUS (9-0)
	The meeting adjourned at 6:58 p.m.
REGULAR MEETING
JUNE 23, 2003
FAYETTEVILLE CITY COUNCIL
REGULAR MEETING
CITY HALL COUNCIL CHAMBER
JUNE 23, 2003
7:00 P.M.
Present:	Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois A. Kirby (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Anne Fogleman (District 9)
Absent:	Mayor Marshall B. Pitts, Jr.
Others Present:	Roger L. Stancil, City Manager
			Karen M. McDonald, City Attorney
			Scott Dorney, Chief Officer for Support Services
			Jimmy Teal, Chief Planning Officer
			Brad Whited, Airport Director
			Frank Simpson, Inspections Director
			Jason Brady, Public Information Officer
			Janet C. Jones, City Clerk
			Members of the Press
INVOCATION - PLEDGE OF ALLEGIANCE
	The invocation was offered by Reverend Jimmy Atkinson, Assistant Pastor, Arran Lake Baptist Church, followed by Mayor Pro Tem Kendrick leading in the Pledge of Allegiance to the American Flag.
MAYOR’S ANNOUNCEMENTS:
Special Events
	Mayor Pro Tem Kendrick presented a Certificate of Excellence to Mr. Weeks Parker for his contributions to the City of Fayetteville for the last 50 years.  Mr. Parker, a native of Fayetteville, was educated in the Fayetteville City schools and some of his community service activities include:
--	Director of the John Philip Sousa Community Band sponsored by the City Recreation Department;
--	Ordained Deacon at Snyder Memorial Baptist Church;
--	Founder and Director of the Faith tape and tract ministry at Snyder;
--	Past officer and board member of the Fayetteville Lions Club;
--	Served two years as Chairman of the Deaf Committee for the Lions Club;
--	An amateur photographer and a freelance writer who has published books dealing with electronics, self-improvement, and religion; and
--	Author of Fayetteville, North Carolina, a pictorial history.
	Mr. Weeks expressed his appreciation and stated it had been an honor to serve his community.
	Council Member Haire announced that due to the recent drowning death in the community of a child, he was requesting the City Attorney address the ordinance requirements for installation of personal backyard swimming pools inside the corporate limits of the City.
	City Attorney Karen McDonald reviewed the City Ordinance and the requirements for obtaining a permit to install a private swimming pool.  She stated a 3-foot enclosed fence was required and was part of the permit process and if there was no gate, the violation carried a fine of $100.00 a day.  Ms. McDonald stated the Inspections Department should be contacted with any concerns or questions about the installation of swimming pools.
	Council Member Smith announced that the Mayor’s flight had been delayed and he could not get back in time for the meeting.
1.	APPROVAL OF AGENDA
	City Manager Roger Stancil requested to add Item 3.F to the consent agenda, resolution to authorize application to transfer USO property, and to remove Item 10, consider discussion of ordinance requirements for installation of personal pools, from the agenda.
MOTION:	Council Member Fogleman moved to approve the agenda as amended.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (9-0)
2.	PUBLIC FORUM:
	Mr. James Goins, 707 Union Chapel Road, Pembroke, NC, asked the Council for their support for the passage of federal legislation that would extend full federal recognition to the Lumbee Tribe of North Carolina.  He presented a resolution for adoption by the Council at their next regular meeting.
	Ms. Grace Hinton, 220 Hay Street, Fayetteville, NC, requested the Council’s help in resolving ordinance violations on her properties located at 1820 Sapona Road and 220 Hay Street.  Ms. Hinton stated her mother had been ill and she needed an extension of time.  Council Member Haire assured Ms. Hinton the staff would be in touch with her.
	Mr. Leon Goldstein, 2609 Colgate Drive, Fayetteville, NC, requested the Council to lower the property tax rates.  He stated he was retired military and had received a 0.9 percent cost-of-living adjustment and he could not afford a double-digit property tax increase.
	Mr. Jeff Winslow, 513 Argyll Road, Fayetteville, NC, expressed his concerns regarding the Joint Use Agreement with the YMCA for the Honeycutt Recreation Center.  He stated he was opposed to taking away a neighborhood recreation center, moving recreational activities to another location, having to pay for membership with the YMCA in order to use the facilities and eliminating a game room that got children off of the street and allowed them to work with professional adults.  Mr. Winslow requested the Council not to punish kids by taking away their programs and making them go elsewhere and to look at the ramifications of this action.
	Mr. John Boyce, 204 Law Road, Fayetteville, NC, requested the Council to reconsider the physical security of senior citizens in the Law Road and Eunice Circle area.  Mr. Boyce stated his parents lived in this area and had been crime victims.
	Ms. Denise Rasberry, 206 Law Road, Fayetteville, NC, stated her opposition to the proposed Village at Northgate project for elderly housing in the Law Road area.  She stated the area had too many low-income projects and was also a natural habitat for woodpeckers.
	Mr. Moses Mathis, 624 Platinum Road, Fayetteville, NC, expressed his opposition to the City’s current trash contract with Waste Management.  He stated he had lost 40 customers and had to drive 60 to 70 extra miles to conduct his business.  Mr. Mathis stated he would do whatever he had to do to protect himself and he would fight back through the court system and the upcoming elections.
	Mr. Stephen Sanders, 1745 Daisy Lane, Fayetteville, NC, expressed his concerns regarding the proposed budget.  He stated he felt the City should find a way to live within its means and to differentiate between its wants and its needs.  He suggested that everyone work together to reach a solution.
	Mr. Brian Irving, 1713 Veanna Drive, Fayetteville, NC, expressed his opposition to the raising of property taxes.  He stated the City needed to live within its means, eliminate duplication, and consolidate City and County services.
	Mr. Lewellyn Sherman, 4827 Old Field Road, Fayetteville, NC, requested that public transportation be provided in the newly annexed areas of District 6 and that the roads in the neighborhood be repaired.
3.	CONSENT:
MOTION:	Council Member Fogleman moved to approve the consent agenda with the addition of Item 3.F.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (9-0)
	The following items were approved:
A.	Approve minutes:
1.	Regular meeting of June 9, 2003.
B.	Approve the following financial matters:
1.	Tax refunds in excess of $100.00.
	Name	Year	Basis	City Refund
	Centura Bank Leasing	1999-2002	Corrected Assessment	$  818.71
	Dixon, Antonio and	2001 & 2002	Military Non-Resident	491.01
	  Miriam
	Worth Printing Inc.	1998-2002	Corrected Assessment	   984.89
	Total			$2,294.61
2.	Capital Project Ordinance Amendment 2003-17 (Legend Avenue/ Blanton Road Project and Center City Business Park).
	This amendment was necessary to appropriate funds for the Legend Avenue/Blanton Road project and the Center City Business Park.  The source of funds for the Legend Avenue/Blanton Road project was a General Fund designation of $310,331.00 from Fiscal Year 2002.  The funds appropriated for the Center City Business Park project was $150,000.00 in miscellaneous state revenue and $350,000.00 in General Fund transfers from previous years for various street projects that had been completed.  The funds for the Center City Business Park would be transferred to the bond fund where the balance of the business park project is budgeted.
3.	Capital Project Ordinance Amendment 2003-18 (Freedom Park Project).
	This amendment was necessary to appropriate $32,518.00 in donations for the Freedom Park project.
4.	Capital Project Ordinance Amendment 2003-19 (Center City Business Park).
	This amendment was necessary to reflect the transfer of $500,000.00 from the Transportation Fund for the Center City Business Park (see CPOA 2003-17 above).  The purpose of the amendment was to account for the project in a single ordinance rather than among several project budgets.
5.	Installment Financing Agreement between City of Fayetteville and SunTrust Leasing Corporation for financing of tractors, police vehicles, and other equipment.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, APPROVING AN INSTALLMENT FINANCING CONTRACT PURSUANT TO N.C.G.S. § 160A-20.  RESOLUTION NO. R2003-056.
6.	Purchase of the Microsoft Enterprise Software Licensing Agreement to ensure software license compliance and support of included Microsoft products.  [Waive competitive bidding under G.S. § 143-129(g) and “piggyback” the City of Charlotte’s bid.]
7.	Master Consultant Agreement with HNTB for improvements at the Fayetteville Regional Airport.
8.	Electric Rate Stabilization Fund. (PWC)
	From inception through FY 2003 the Fund had revenues from various sources in the amount of $9,442,497.00 and expenditures (back to the Electric General Fund) of $5 million.  Fund available balance was $4,442,497.00.
9.	Annexation Phase III Capital Project Fund Budget for Fiscal Years 1998-2003, Amendment #4. (PWC)
	This amendment closed out this fund with the transfer of $2,173,366.00 to the Water/Sewer General Fund and $2,400,000.00 to the Annexation Phase IV-A Capital Project Fund.
10.	Annexation Reserve Fund. (PWC)
	This Fund had $4 million transferred from the Water/Sewer General Fund and interest income of $56,127.00 from inception through FY 2003.  The Annexation Phase IV-A Capital Project Fund received $3.5 million and $556,127.00 remained in that fund.
11.	Annexation Phase IV-A Capital Project Fund for Fiscal Years 2001-2004, Amendment #1. (PWC)
	The Annexation Phase IV-A Capital Project Fund estimated revenue requirements were $6,300,000.00.  Annexation Phase III Capital Project Fund transferred $2.4 million and the Water/Sewer Annexation Reserve Fund transferred $3.5 million, with $400,000.00 remaining to be transferred, if necessary.  A DOT project was moved from the Annexation Phase III CPF to this Fund so the Annexation Phase III CPF could be closed out at yearend.  An invoice estimated at $500,000.00 has not arrived.
12.	Supplemental 1997 Capital Project Fund for Fiscal Years 1999-2003, Amendment #1. (PWC)
	This amendment provided for an additional transfer of $21,320.00 for total Revenues of $9,828,350.00.  Expenditures of $7,241,497.00 for various projects were listed on Page 2 of amendment.  This Fund had one open project which was near completion and should be closed in the near future.  Remaining balance of $2,586,853.00 to be transferred to the Water/Sewer General Fund.
C.	Accept two parcels of land adjoining Lake Frances off Cumberland Road.
D.	Reject all bids for Phase 1 Transportation Museum renovation.
E.	Adopt Community Street Banner amendments.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 30-259(4), SIGNS PERMITTED BY SPECIAL PERMIT, COMMUNITY STREET BANNER, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA.  ORDINANCE NO. S2003-010.
F.	Resolution to authorize application to transfer USO property.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO COMPLETE ALL PAPERWORK NECESSARY TO OBTAIN RECREATION CENTER #2, 433 RAY AVENUE, THROUGH THE FEDERAL LAND TO PARKS PROGRAM.  RESOLUTION NO. R2003-057.
4.	Consider request to address City Council from Neil Yarborough regarding Cottonade Lake.
	City Manager Roger Stancil presented this item.  He stated the City had the ability to assist the property owners in the manner they had requested by paying for the improvements and assessing 100 percent of the costs against the benefited property owners.  Mr. Stancil stated there were several issues that must be addressed if the Council considered this project.  He reviewed the following issues:
(1)	What would be required to determine if an adequate number of property owners were interested?  In other cases a majority of the owners and/or a majority of the frontage affected was required.
(2)	How would it be determined who benefited?  Mr. Daniels had suggested that property owners back from the lake itself benefited and should be assessed.
(3)	To identify the cost of the project to be assessed and the amount each owner would pay requires that an engineer be employed to complete design with cost estimates.  Who would pay this cost, especially if the project did not proceed?
(4)	What interest rate would be charged on assessments to ensure that the cost of money was carried by those benefiting and not the taxpayers in general?
(5)	How long would the assessment be carried?
(6)	What would be the basis of assessment - equal share of project cost, front feet, cost/benefit (share of cost based on increase in property value)?
(7)	Would the property owners be required to pay anything up front?
(8)	Who would pay the engineering costs?
	Mr. Stancil informed the Council this would be setting a precedent because it had never been done before and he cautioned that if someone else came forward with the same request, the Council would be obligated to proceed with the request.
	Council Member Massey stated he would like to look at what the County did on McFayden Lake and assess how it was done, what were the results, and how they determined which property owners benefited.
	Mr. Neil Yarborough stated he had been retained by property owners in the Cottonade area to assist them in presenting the Council with a plan which would provide a method to collectively and collaboratively fund a project that would immediately improve their community and would allow the maintenance of their quality of life and the appearance of Fayetteville.
	Mr. Yarborough explained the plan was asking the City to do the engineering, provide the financing mechanism, and then assess the property owners for the total cost of the project.
	Mr. Yarborough recommended using the difference of the tax value before the dam was improved and the value after the dam was improved to determine the benefits to the property owner.  Mr. Yarborough stated time was of the essence and the neighborhood had to work quickly.  He advised the preliminary engineering had been paid for by Mr. Broadwell and he did not think this would cost the taxpayers any money from the general fund because it was supposed to be paid for by a pass-through of funds.
	Mr. Yarborough stated the neighborhood could not do this for themselves and the project would benefit everyone.
	Council Member Worthy stated he felt this should be sent to a subcommittee.  He advised Mr. Yarborough that when the committee considered the issue, there would be a need to know the number of households to be assessed, the streets involved, the names and addresses of the property owners, and a determination needed to be made as to who would pay the engineering dollars if the project should not go through and which property owners would pay any accrued expenses.
	Council Member Keefe stated this was a broad proposal and he looked at it as investing in the community but he felt it should be sent to a subcommittee for discussion.
MOTION:	Council Member Keefe moved to send this to the Development Committee in August 2003.
SECOND:	Council Member Kirby
VOTE:	UNANIMOUS (9-0)
5.	Consider Joint Use Agreement with Fayetteville Family YMCA for Kiwanis Recreation Center facility.
	Mr. Robert Barefoot, Chief Officer for Engineering and Maintenance, presented this item.  Mr. Barefoot stated he was proposing a partnership between the Fayetteville Family YMCA and the City for the use of the Kiwanis Recreation Center.  He reported the staff had been negotiating a Joint Use Agreement for the last 30 to 45 days.
	Mr. Barefoot stated one of the reasons he was interested in partnering with the YMCA was because they had a similar philosophy with emphasis on family and youth programs.  He stated he felt this agreement would bring a cost savings to the City and he was projecting a $100,000.00 minimum of annual operating costs.  Mr. Barefoot reported the advantage of doing this type project might not be seen in the first three years, but it could set a model of joint use to be used in the future.
	Mr. Barefoot reported that after a public meeting, the Parks and Recreation Advisory Commission had voted unanimously to approve the project.  He stated the citizens had expressed to the Commission their concerns about access, fees, and the availability of programs at that location.
	Mr. Barefoot stated the agreement tonight would only deal with the building itself and not the park and that within the building all long-term use commitments would continue to be honored.
	Mr. Barefoot reported the YMCA’s board had accepted the proposals which would be incorporated into any agreement as the project moved forward.
	Mr. Barefoot stated the outdoor youth athletics seemed to be of particular interest and he was suggesting the City continue to do the programs, and if later it was within the best interest of the City to enter into a partnership with the YMAC, then they would do that by going through the Parks and Recreation Advisory Commission and coming back to the Council for approval.
	Mr. Barefoot stated there had been some concern expressed about the existing programs at the center and negotiations could be done with the Board as the agreement was developed to see what programs could be continued with the YMCA and within the City.  He said discussion would be held about the City having open access beyond the membership.
	Mr. Barefoot stated the City had the ability to accommodate the existing programs at other locations within the City and what he suggested was working with the different groups to identify what alternative days and times could be offered at other sites and when they would be available.
	Mr. Barefoot asked the Council to authorize the City Manager to negotiate a contract to be brought back to the Council and to try to address any concerns that may have been brought up.
	Council Member Worthy stated he wanted to address the specific concerns of relocation of programs, the distance involved, whether the citizens were being sent out of their local community, and whether the fees would be increased.
	Mr. Barefoot stated he could address these issues but he had not wanted to specifically address the issues with the organizations until he had direction from the Council.
	Council Member Kirby stated this was in her area and she had received calls from the neighborhood and they had expressed their concerns about the closing of a community recreation center, the fees, and the programs.  She suggested that perhaps a public meeting needed to be held to address their concerns.
	Mr. Barefoot stated the fee issue was a concern and obviously the YMCA was a membership-based organization, which would result in an annual membership fee.  He stated there would be an availability of member and nonmember fees on programs but it was not a closure to someone using the site.  Mr. Barefoot stated the YMCA could offer more programs and if they could reduce their operating cost, then the cost of their fees would come down accordingly.
	Mr. Barefoot pointed out the City had fees, but the difference would be in the memberships.  He said that no additional fees would be charged for senior programs, and the City’s fees would not change at different sites.
	Council Member Massey stated the public had concerns about how each person and group was going to survive and he felt it was incumbent upon the Council, staff, and the YMCA to let citizens know what was going to happen to their programs and a detailed list of what was going to happen to the programs in the City and at the YMCA when the merger took place needed to be prepared.
	Council Member Massey stated the direction of the Council should be to look at the programs presently offered through the Recreation Department, to look at the programs the YMCA was planning to offer through this merger, and to see exactly how that information was going to be dealt with, and then the Council would be in a position to vote either for or against it.  Mr. Massey stated the most important thing was to keep the public informed because he did not want anyone put out of their comfort zones.
	Council Member Haire stated he did not think the contract should be negotiated at this time.
	Council Member Keefe inquired how the neighborhood was notified of the public forum.  Mr. Barefoot stated through the newspaper and postings at the center and on the pubic service channel with no mailings being done.
	Council Member Keefe inquired about the YMCA’s time frame for occupation.  Mr. Barefoot responded they would need an answer regarding whether to go in or not within 30 days with an occupation time of October or November of 2003.
	Council Member Keefe inquired if they were paying rent.  Mr. Barefoot explained there was going to be a transfer of cost and the YMCA would reimburse the City for the cost of two employees and would additionally pay for the utilities, maintenance, and supplies.
	Council Member Keefe inquired if the YMCA had a hardship policy.  Mr. Barefoot stated they turned no children away and had scholarships and sponsorships.  Council Member Keefe stated this item definitely needed to go somewhere before any votes were taken.
MOTION:	Council Member Smith moved to send this to the Development Committee for its August meeting and that the citizens in that area be notified of the time and place of the meeting, and the staff would have all of the information available for review.
SECOND:	Council Member Haire
	Council Member Massey stated he did not have a problem with it going to the Development Committee except there was a timetable involved.
SUBSTITUTE MOTION:
Council Member Massey moved to authorize the City Manager and appropriate staff members to enter into negotiations with the YMCA because it has to come back to the Council and keep everything as public as possible.
SECOND:	Council Member Worthy
	City Attorney Karen McDonald stated that was an appropriate substitute motion.
	Council Member Worthy inquired whether there was a rough concept which could be presented at the Development Committee meeting so specific questions could be asked and then when it came back to the Council, they would know specific answers and questions.  Council Member Worthy said he did not want the programs to be lost and spread throughout the community.
	City Attorney McDonald stated she felt the information could be gathered by the August meeting.
	Council Member Worthy inquired if Mr. Massey’s motion could be added to Ms. Smith’s motion.  Mr. Massey stated it was fine.
	Council Member Smith stated she felt it should go to the Committee and the staff should be directed to have the information available for the Committee with the citizens having input at that meeting and then it would be taken care of there before it was brought back to the Council.  She stated she did not see why they should be authorized to negotiate and then come to the Council and she would still prefer to hold that the issue go to the Development Committee.
	Council Member Massey stated they were not mutually exclusive and in essence what needed to happen was that staff people needed to work on a lease and then in turn report the information to the Development Committee, and then the Development Committee would send it to the Council.
	Council Member Smith agreed.
RESTATED MOTION:
Council Member Worthy moved to authorize City staff to negotiate with the YMCA in terms of the programs being currently offered throughout the Recreation Department and the programs they intend to offer through the YMCA with that information coming back to the Development Committee at their August meeting and then the Committee would forward it to the Council for approval or disapproval.
	Council Member Keefe stated he felt the most important thing was being forgotten and that was the citizen’s input.  Council Member Keefe stated this was a community center and a very well-run center within the City and he felt the Council had to be conscious of the concerns of the people who use the center and the Council needed to get that input first.  He inquired would it be possible for the public input to be placed on the July Development Committee agenda so the citizens could be heard first before any decisions or recommendations were made.
AMENDED MOTION:
Council Member Massey moved to amend the motion to include public input at the Development Committee meeting in July.
	City Manager Roger Stancil stated he felt all groups that would be affected needed to be talked with prior to the Development Committee meeting.
	Council Member Gonzalez stated she was not happy with the process being used and she felt a public hearing needed to be held to hear the citizens.  Ms. Gonzalez stated both she and Mr. Worthy knew how important a recreation center was and now it looks like they are going to take away a neighborhood center.  She stated that was not right because the citizens’ tax dollars helped pay for that center and it was their center and before any negotiation was done, the citizens needed to be heard from and everything needed to be out on the table for both the citizens and the Council.
	Mayor Pro Tem Kendrick stated the Parks and Recreation Advisory Commission did have a public hearing and dialogue was shared.
	Council Member Smith stated the reason she had referred this to the Development Committee was to ensure citizen participation.  Ms. Smith stated this was similar to what happened to the citizens at the Myers Park Recreation Center with the Boys and Girls Club and that hearing was not publicized and so the Council held a second public hearing.
	Mayor Pro Tem Kendrick restated the motion and called for the vote.
VOTE:	UNANIMOUS (9-0)
	Mr. Barefoot asked for clarification on the meeting date and time and the method to be used for notification to the citizens.
	It was determined the public meeting would be held on July 10, 2003, at 7:00 p.m. at the Center with notification being done by newspaper ads, posters in all City recreation centers throughout the City, and the City website.
6.	Consider 2003-04 Budget Ordinance.
	City Manager Roger Stancil presented this item.  He informed the Council of the following:
1.	Cumberland County had a negative net migration rate of 3.9 percent which meant fewer people were coming into the County/City than were leaving the County/City.
2.	There had been a reduction in the retail sales and the figures were now at the same level as in 1998.  The reduction was due to internet sales which were not taxed and the small business community.
3.	The real property values in the City had increased only 6.9 percent in 2002–2003 in spite of the fact it had been eight years since there had been an evaluation.
4.	The business personal property tax value was down 8 percent.
5.	The public service value was down 10 percent because the utilities were not re-investing in their infrastructures because the population was not growing.
6.	There had been no change in the value of vehicles.
7.	The overall property value within the City of Fayetteville only had a 4.8 percent increase after eight years.
	Mr. Stancil presented a summary of the new revenues that had been brought into the City and County.  He stated Cumberland County had netted over $3 million in revenue and the City had netted $2.1 million in revenues which had been paid to the County in order to keep the County from changing the sales tax formula thus leaving the City with $1.6 million in new revenues and the County with $7 million in new revenues.
	Mr. Stancil reviewed the methodology used by the County to determine the revenue neutral tax rate and applied it to the City’s figures.  He stated the revenue neutral tax would be 5l.6 cents.
	Mr. Stancil presented a narrative comparing the difference in the cost of living in the incorporated area versus living in the County:  (1) an $80,000.00 home in the City would have a net increase of taxes in the amount of $132.04 a year or about $11.00 a month, (2) a $100,000.00 home would have a net increase of taxes in the amount of $221.00 a year or $18.00 a month, and (3) a $150,000.00 home would have a net increase of $398.00 a year or $30.00 a month.
	Mr. Stancil reviewed the changes made to the budget at the budget workshop to include new fees which would be effective January 1, 2004, and leaving the backdoor garbage service as was with further consideration being given to the issue.
	Mr. Stancil stated based on the conversations he had had with Council regarding the employees, he recommended a $500.00 bonus for the 1,100 regular full-time employees at a cost of $600,000.00 with the funds being taken from the fund balance appropriation.  He explained this would be a one-time appropriation.  He also stated questions had been raised about holidays and in particular Christmas holidays and he had provided the Council with that information.
	A discussion was held regarding the options available for rewarding the employees and the cost involved.
MOTION:	Council Member Smith moved to adopt the budget ordinance that included the one-time $500.00 bonus and one day extra for the Christmas holiday.
SECOND:	Council Member Haire
	Discussion was held regarding the pros and cons of giving bonuses and/or an extra holiday to the employees, the effect a one-time bonus would have on the bonus program that had been discussed earlier in the budget process, and the fact only regular full-time employees would receive the bonus.
	Mayor Pro Tem Kendrick stated he could not determine how raising the property taxes would bring more people to Fayetteville.  He stated the County had raided the City coffers, the sales tax had been less, revenues had been less, jobs had been lost, factories had closed up and he felt this somehow constituted a state of emergency and that was what the City’s reserve fund was for.
	Mayor Pro Tem Kendrick stated the reserve fund balance exceeded the Council’s mandatory 10 percent goal by $4 million or $5 million and yet the citizens’ taxes were being raised.  He stated he heard the figures of an increase of only $132.00 annually, but the fact was the newly annexed citizens would be receiving their first tax bill and would be paying taxes for the first time.
	Mayor Pro Tem Kendrick inquired if the decision to remain at a revenue neutral rate of 51.6 cents were made, would it break the fund balance if that money was transferred from the reserve fund and the taxes were not raised.  He inquired whether the City could survive as a government with $14 million rather than $15 million in the reserve fund.
	Mr. Kendrick stated necessary cutbacks had been made and services did not need to be sacrificed, but it was his opinion this was not the time to impose a tax increase and he was in favor of transferring funds from the reserve fund.
	Council Member Fogleman expressed her opposition to taking more funds from the reserve fund balance.
SUBSTITUTE MOTION:
Mayor Pro Tem Kendrick moved to stay with and approve the full budget with bonus for employees and a day off without raising the property tax and leaving the tax rate at a revenue neutral rate of 51.6 cents with the difference coming out of the fund balance.
SECOND:	Council Member Gonzalez
	Mr. Stancil stated the impact of the substitute motion would be that $2.6 million would be transferred from the fund balance rather than the $1.6 million.  He stated his concerns were the possibility of a natural disaster and the odds were that the County was going to change the sales tax distribution, which would mean a $4.4 million deficit and to him that was the real disaster the City was facing.  Mr. Stancil stated a healthy fund balance would be needed to meet that challenge.
	Council Members Worthy, Keefe, and Kirby expressed their opposition to reducing the fund balance.
	Mr. Stancil stated his fear with taking the extra million dollars was that it was for ongoing purposes and that extends the problem rather than solving it.
	Mayor Pro Tem Kendrick stated that next year if the City had to pay $4.5 million to the County, the fund balance could not be used because this was a reoccurring expense, and what the Council was looking at was a tax increase next year and the years to follow.
	He stated his concern was that a million dollars was still being taken from the fund balance which the City Manager said should not be taken for reoccurring expenses and his point was if the City had $15 million, it could take $900,000.00 to balance the budget and have 12 months to work through the problems. Mayor Pro Tem Kendrick stated he felt this was the position the Council should take.
	Council Member Gonzalez stated the citizens needed to be given a tax break and the tax rate should be 51.6 cents.  She stated she would prefer to not do away with the original bonus program and to do away with the one-time $500.00 bonus and save $600,000.00 and give the employees a day off.
	Mayor Pro Tem Kendrick restated his substitute motion.
SUBSTITUTE MOTION VOTE:
FAILED by a vote of 3 in favor (Council Members Gonzalez, Kendrick, and Massey) to 6 in opposition (Council Members Smith, Keefe, Haire, Fogleman, Worthy and Kirby)
ORIGINAL MOTION VOTE:
PASSED by a vote of 6 in favor (Council Members Smith, Keefe, Haire, Fogleman, Worthy and Kirby) to 3 in opposition (Council Members Gonzalez, Kendrick, and Massey)
	Mayor Pro Tem Kendrick inquired if a rate of pay needed to be set for the City Council.
	Mr. Stancil stated the only thing that had changed was moving the supply allowance of $750.00 to compensation pay.
	Mr. Stancil stated he wanted to clarify that the extra day off was for two days off at Christmas.  He received an affirmative answer from the Council.
7.	Consider resolution asking County Commissioners to delay decision regarding privatization of ambulance service.
	RESOLUTION.  RESOLUTION NO. R2003-058.
MOTION:	Council Member Worthy moved to adopt the resolution.
SECOND:	Council Member Gonzalez
VOTE:	UNANIMOUS (9-0)
8.	Discussion of Public Officers benefiting from public contracts.
	City Attorney Karen McDonald presented this item.  She informed the Council that G.S. § 14-234, which had prohibited appointed or elected officials from making any contract for his or her own benefit with the City, with the exception being if the person had a 10 percent or less ownership in the business, had been amended in 2002.  She stated the law now allows business with an appointed or elected official as long as the official was not involved in making or administrating the contract.
	Ms. McDonald stated she wanted to make the Council aware of the change in state law and as a result of the change the Council might want to consider developing a policy regarding Council members doing business with the City.
MOTION:	Council Member Massey moved to refer this item to the Policy Committee.
SECOND:	Council Member Kirby
	Council Member Fogleman, Chair of the Policy Committee, stated she saw no need for a City policy when the general statutes addressed the issue.
	Council Member Massey withdrew his motion.
9.	Report from the Transportation Committee meeting.
	Council Member Haire, Chair of the Transportation Committee, stated he was submitting the minutes for information and no action needed to be taken.
1.	Update on improvements at intersection of Albany and Broadell Streets.
	No additional data.
2.	Discussion of City maintenance for Turner's Lane.
	No action was taken on this item by the Committee.
3.	The traffic signal activation off of the MLK to Robeson Street on the south side.
	Staff reported the traffic signal activation problem had been solved.
4.	Update on the right-turn lane on Raeford Road at McPherson Church Road.
	The DOT staff reported the right-of-way was still being acquired and the project was scheduled for completion in the summer of 2004.
5.	Discussion of traffic on Yadkin Road.
10.	Consider discussion of ordinance requirements for installation of personal pools.
	This item was removed from the agenda with the City Attorney addressing this issue at the beginning of the meeting under announcements.
11.	BOARDS AND COMMISSIONS:
A.	Appointments
1.	Airport Commission - 3 vacancies - 5 nominations made
	Mr. James Wilson, Mr. Jay Wyatt, III, and Ms. Sarita Mallard were appointed to a first term.
2.	Human Relations Commission - 6 vacancies (4 regular vacancies and 2 replacement vacancies with terms expiring June 2004) – 11 nominations made
	Mr. Tom Hennessey was reappointed to a second term.  Ms. Patricia Johnson, Ms. Pauline Goodman, and Mr. A.J. Andreas Ringle were appointed to first terms.  Mr. Sonia I. Vega-Pelican and Ms. Sally Vellabha were appointed as fill-ins for terms which expire in June of 2004.
3.	Joint Storm Water Advisory Board - 2 Vacancies - 3 nominations made
	Council Member Smith withdrew her nomination of Mr. Garrett Davis.  Mr. Joe Glass and Mr. Robert Bennett were appointed to first terms.
4.	Public Works Commission - 1 vacancy - 3 nominations made
	Mr. Luis G. Olivera was appointed to a first term.
5.	Public Works Commission Retirement Board - 1 vacancy for PWC employee and 1 vacancy for PWC member - 2 nominations made
	Ms. Donna Lopes was reappointed to the employee vacancy.  Ms. Terri Union was appointed to fill the PWC vacancy of Mr. Sandy Saunders.
6.	Historic Resources Commission - 1 resignation for at-large term expiring October 2003 - 1 nomination made
	Mr. Marshall Isler was appointed as a fill-in for an at-large vacancy with the term expiring in October 2003.
B.	Nominations
1.	Fayetteville City Planning Commission - 4 vacancies – 4 nominations needed - 3 members eligible for reappointment
	Ms. Victoria Dickson was nominated for reappointment by Council Member Fogleman.
2.	Fayetteville City Zoning Commission - 2 vacancies - 2 nominations needed - 2 members eligible for reappointment
	Mr. Jack Cox was nominated for reappointment by Council Member Keefe.  Mr. Garrett Davis was nominated for a first term by Council Member Smith.
3.	Taxicab Review Board - 3 vacancies (2 taxi industry regular members and 1 alternate member - 3 nominations - 3 members eligible for reappointment
	Mr. Robert Hinton was nominated for reappointment by Council Member Worthy.  Mr. Chigbo Umerah was nominated for a first term by Council Member Gonzalez.
12.	ADMINISTRATIVE REPORTS
A.	Response to public forum concerns.
B.	Update on Planned Neighborhood Development Plan (PND) for Kings Grant Subdivision.
INFORMATION ITEMS:
1.	Statement of taxes collected for the month of May 2003 from the Cumberland County Tax Administrator.
2002 Taxes	$120,951.21
2002 Vehicle Taxes	239,748.62
2002 Revit	169.10
2002 Vehicle Revit	391.81
2002 FVT	28,005.88
2002 Storm Water	17,068.94
2001 Taxes	16,334.57
2001 Vehicle Taxes	6,564.91
2001 Revit	91.71
2001 Vehicle Revit	0.00
2001 FVT	1,001.19
2001 Storm Water	1,561.82
2000 Taxes	4,917.86
2000 Vehicle Taxes	1,243.18
2000 Revit	113.80
2000 Vehicle Revit	0.00
2000 FVT	185.00
2000 Storm Water	330.92
1999 Taxes	584.09
1999 Vehicle Taxes	216.21
1999 Revit	22.80
1999 Vehicle Revit	0.00
1999 FVT	86.00
1999 Storm Water	34.22
1998 and Prior Taxes	324.47
1998 and Prior Vehicle Taxes	925.88
1998 and Prior Revit	0.00
1998 and Prior Vehicle Revit	0.00
1998 and Prior FVT	231.51
1998 and Prior Storm Water	18.39
Interest	15,384.24
Interest (Revit)	31.61
Interest (Storm Water)	1,177.23
Fayetteville Discount (Current)	0.00
Fayetteville Discount (Revit)	0.00
Total Collections	$457,717.17
2.	Information on Citizens Workshops for Fayetteville Traffic Separation Study.
3.	Update of the Rail\Vehicle Traffic Separation Study.
4.	Copy of proposal from Senior Citizens Advisory Commission for upcoming 2003/2004 Budget.
5.	Copy of letter forwarded to County Manager regarding items for the City-County Liaison Committee meeting on July 24, 2003.
6.	Center City Business Park newsletter.
7.	Redevelopment Commission – minutes of May 14, 2003.
8.	FACVB – minutes of May 8, 2003.
9.	PWC – minutes of May 28 and June 2, 2003.
10.	Chamber of Commerce Board of Directors – minutes of May 12, 2003.
11.	Update on ongoing annexation projects.
MOTION:	Council Member Smith moved to adjourn the meeting.
SECOND:	Council Member Fogleman
VOTE:	UNANIMOUS (9-0)
	The meeting adjourned at 10:35 p.m.
REGULAR MEETING
JULY 14, 2003
FAYETTEVILLE CITY COUNCIL
REGULAR MEETING
CITY HALL COUNCIL CHAMBER
JULY 14, 2003
7:00 P.M.
Present:	Mayor Marshall B. Pitts, Jr.
Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois A. Kirby (District 5); Mark C. Kendrick (District 6) (arrived at 7:15 p.m.); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Anne Fogleman (District 9)
Others Present:	Roger L. Stancil, City Manager
			Karen M. McDonald, City Attorney
			Jimmy Teal, Chief Planning Officer
			Steve Blanchard, PWC General Manager
			Jason Brady, Public Information Officer
			Janet C. Jones, City Clerk
			Members of the Press
INVOCATION - PLEDGE OF ALLEGIANCE
	The invocation was offered by Imam Ibrahim Raheem, Islamic Chaplain at Fort Bragg, followed by Mayor Pitts leading in the Pledge of Allegiance to the American Flag.
MAYOR’S ANNOUNCEMENTS:
Special Events
	Mayor Pitts reviewed the Special Events list.
	Mayor Pitts recognized the Firemen on C Shift at Fire Station No. 5 for the Business Award they had received for their volunteer work at Glendale Acres Elementary School.  He expressed his pride in the Firemen for their contribution to the children of the City of Fayetteville.
1.	APPROVAL OF AGENDA
MOTION:	Council Member Massey moved to approve the agenda.
SECOND:	Council Member Smith
VOTE:	UNANIMOUS (9-0)
2.	CONSENT:
	Council Member Gonzalez requested to pull Items 2.D.2, 2.D.3, and 2.E. for discussion.
MOTION:	Council Member Fogleman moved to approve the consent agenda with the exception of Items 2.D.2, 2.D.3, and 2.E.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (9-0)
	The following items were approved:
A.	Approve minutes:
1.	June 19, 2003, Budget Session
2.	June 23, 2003, Regular Meeting
B.	Approve the following financial matters:
1.	Budget Ordinance Amendment 2004-1 (Airport Terminal Roof Replacement).
	The Airport needs a replacement roof over the second floor lobby and the Airport Director’s office to prevent water damage due to leaks.  The total cost of the project is estimated to be $132,960.00. This project was originally budgeted at $100,000.00 in FY 2003 as terminal roof replacement.  The project was approved for a 50/50 state/local grant so the City’s match was $66,480.00.
2.	Special Revenue Ordinance 2004-1 (Geographic Information Systems Project).
	The Geographic Information Systems (GIS) Project was to upgrade the Fayetteville Police Department’s crime analysis capabilities by providing software and hardware that would enable crime analysis information being available in a timely manner.  This upgrade allowed for more effective crime pattern analysis, resource allocation, strategic planning and crime prevention.  Funding for this project was provided by a 75/25 grant from the Governor’s Crime Commission in the amount of $144,140.00.  The City’s local match requirement was $36,035.00.  The local match was appropriated in FY 2003.
3.	Bid award for DAK-DTF-Wellman Sanitary Sewer Lift Station and 12” Force Main, EDA Project #04-01-05110, to Colt Contracting Company in the amount of $598,899.20.  (PWC)
	Bids were received as follows:
	Colt Contracting Company (Clinton, NC)	$598,899.20
	McArthur Construction Co. (Lumberton, NC)	$613,757.72
	Sanford Contractors, Inc. (Sanford, NC)	$632,346.71
	T.A. Loving Company (Goldsboro, NC)	$629,752.00
	Billings & Garrett, Inc. (Raleigh, NC)	$664,846.00
4.	Bid award for overhead electric transmission construction work to C. W. Wright Construction Company, Inc., in the estimated amount of $750,000.00 for a period of one year with annual renewal options. (PWC)
	Bids were received as follows:
	Bidder	Evaluated Total Bids
	C. W. Wright (Chester, VA)	$3,911,231.OO
	E&R, Inc. (Kinston, NC)	$4,949,719.00
	Coastal Power & Electric (Wilmington, NC)	$5,315,545.00
	Irby Construction Company (Jackson, MS)	$6,179,896.00
	Lee Electrical Construction (Aberdeen, NC)	$6,976,357.00
	Please note that the evaluated total bid amounts listed above take into account all four unit prices for each assembly over a five-year period.
5.	Bid award for Rockfish Creek WRF Phase II and Cross Creek WRF Improvements to Seaside Utilities, Inc., to Seaside Utilities, Inc., in the amount of $11,484,000.00. (PWC)
	Bids were received as follows:
	Seaside Utilities, Inc. (Raleigh, NC)	$11,484,000.00
	Atlantic Skanska, Inc. (Winston-Salem, NC)	$11,769,000.00
	Ulliman Schutte Construction (Miamisburg, OH)	$12,157,000.00
	T.A. Loving Co. (Goldsboro, NC)	$12,725,000.00
	Turner Murphy Co., Inc. (Rock Hill, SC)	$13,124,000.00
RESOLUTION OF AWARD, CITY OF FAYETTEVILLE, NORTH CAROLINA, ROCKFISH CREEK WRF PHASE II EXPANSION AND CROSS CREEK WRF IMPROVEMENTS PROJECT, STATE REVOLVING LOAN.  RESOLUTION NO. R2003-059.
C.	Authorize Mayor to execute Secondary Road Right-of-Way Agreement with NCDOT for paving of SR 2218. (PWC)
D.	Approve the following property transactions:
1.	Accept a parcel of land on Washington Drive.
2.	Pulled for discussion by Council Member Gonzalez.
3.	Pulled for discussion by Council Member Gonzalez.
4.	Accept property donation for Fire Station No. 5 and authorize City Manager and City Attorney to execute appropriate documents.
E.	Pulled for discussion by Council Member Gonzalez.
F.	P03-17F.  Approve application by Kendall and Anner Bell for a Manufactured Housing Overlay (MHO) District in an R6 Residential District for the property located at 1717, 1719, and 1721 Sapona Road.  Containing .48 acres more or less and being the property of the applicant as evidenced by deed recorded in Deed Book 2121, page 0529, Cumberland County Registry.
G.	Adopt ordinance amending Section 19-185, Holidays, of the Code of Ordinances of the City of Fayetteville regarding an additional day at Christmas for City employees.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 19-185, HOLIDAYS, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA.  ORDINANCE NO. S2003-011.
D.2.	Renew one-year leases of three City properties:  Downtown Alliance, Cape Fear Studios, and The Market.
	Council Member Gonzalez pulled this item was for discussion.  She inquired if this item needed to go back to the Development Committee for review and recommendations.
	City Manager Roger Stancil stated the Buildings and Properties Committee had reviewed and developed the present formula-driven lease rate calling for rentals ranging from 1 to 5 percent of the lease property tax value with the lessees paying for utilities, janitorial, and parking services.
	Mr. Stancil recommended leaving the leases for the Cape Fear Studios and The Market the same with the understanding that the leases would be renegotiated when the Depot renovation project had been completed.
RESOLUTION AUTHORIZING LEASE OF CITY PROPERTY.  RESOLUTION NO. R2003-060.
MOTION:	Council Member Keefe moved to approve the renewal of the leases.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (9-0)
D.3.	Adopt resolution authorizing condemnation under Chapter 40A of North Carolina General Statutes to acquire surface water drainage easements between Adams and Minor Streets.
	Council Member Gonzalez pulled this item was for discussion.  She stated she had a problem with condemning the property of citizens and she wanted more information.
	City Attorney Karen McDonald explained the condemnation process and stated there had been an elaborate effort to contact the property owners, and that effort had been unsuccessful.  Mrs. McDonald explained that all other owners had agreed to the project and the only way the project could begin was to have easement rights over all of the properties in the area so the pipes could be laid in the open ditches.
	Mayor Pro Tem Kendrick arrived at 7:15 p.m.
RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY.  RESOLUTION NO. R2003-061.
MOTION:	Council Member Fogleman moved to approve.
SECOND:	Council Member Massey
VOTE:	UNANIMOUS (10-0)
E.	Adopt resolution in support of Federal Recognition for the Lumbee Indian Tribe.
	Council Member Gonzalez pulled this item for discussion.  She stated she had a problem with this item and she did not understand why the City of Fayetteville was involved in the process.  Ms. Gonzalez stated she felt there were ulterior motives and there were other issues that needed to be considered.
RESOLUTION IN SUPPORT OF LUMBEE RECOGNITION.  RESOLUTION NO. R2003-062.
MOTION:	Council Member Worthy moved to approve.
SECOND:	Council Member Massey
	Council Member Gonzalez stated approval of this item would open up sites of gambling casinos and there were a lot of inner-political things going on and she did not want to be associated with gambling.
SUBSTITUTE MOTION:
Council Member Gonzalez moved to set a public hearing to hear from the citizens of the City of Fayetteville.
SECOND:	Council Member Keefe
	Council Member Haire stated the Council needed to be inclusive and sensitive to all of the citizens by showing support.
	Council Member Keefe stated he would like to know the long-reaching effects of adopting this resolution.  He inquired of the City Attorney if she could provide him with more information.
	City Attorney Karen McDonald stated she did not know the answer but the Lumbee Tribe had asked for the Council’s support and legislature had been introduced by Elizabeth Dole and Mike McIntyre to extend full recognition to the Lumbee Tribe of North Carolina.
	A discussion was held about delaying action on this item until more information could be obtained from an outside agency.
	Council Member Gonzalez withdrew her substitute motion.
SECOND SUBSTITUTE MOTION:
Council Member Keefe moved to delay any action until more information could be obtained from an outside agency other than the Lumbee organization on this issue.
SECOND:	Council Member Gonzalez
	A discussion was held regarding the pros and cons of adopting the resolution.
SECOND SUBSTITUTE MOTION VOTE:
FAILED by a vote of 3 in favor (Council Members Keefe, Gonzalez, and Kirby) to 7 in opposition (Council Members Haire, Smith, Kendrick, Pitts, Fogleman, Massey and Worthy)
ORIGINAL MOTION VOTE:
PASSED by a vote of 7 in favor to 3 in opposition (Council Members Keefe, Gonzalez, and Kirby)
3.	PUBLIC HEARINGS:
A.	P03-22F.  Consider the rezoning from C1 Commercial Local Business District to R5 Residential District or to a more restrictive zoning classification for property located at 238 Cool Springs Street.  Containing .46 acres more or less and being the property of DRL, LLC, as evidenced by deed recorded in Deed Book 0046, page 0393 Cumberland County Registry.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  He reviewed the zoning history of the property and explained the house had been damaged by fire and as a result the property was in violation of the City Code.  Mr. Teal explained because this property was a nonconforming use, the repair expenses would be limited to $51,750.00
	Mr. Teal reviewed the current zoning, the current surrounding land use, and explained that the property had not been classified in the 2010 Land Use Plan due to the pending Marvin Plan.  Mr. Teal stated the Zoning Commission had recommended denial of the rezoning request.
	Mr. Teal stated the Planning staff recommended approval based on the surrounding land use and the current land use.  The staff also encouraged infield development and felt affordable houses could be provided as suggested in the Renaissance Plan.
	Mr. Teal pointed out that another option for the Council could be to request the Planning Commission to conduct a study of the area since it was a hodgepodge of uses and zoning districts.
	This is the advertised public hearing set for this date and time.  The public hearing opened at 7:50 p.m.
	Mr. Jimmie A. Moore, P.O. Box 2086, Fayetteville, NC, stated he had been the previous owner of the property and he saw no reason why the current owner should not be allowed to build.  He stated he had offered the property to Bell Seed and Mac Turlington for a good price and they would not purchase it.
	Mr. Dan Leach, 2179 Crystal Springs Road, Fayetteville, NC, stated he was the current owner of the property.  Mr. Leach stated the building was structurally sound but it would require more than the $51,750.00 to repair the property.
	Mr. Leach stated he wanted to develop the land and he had former tenants who were waiting to move back.
	Mr. Mac Turlington, 608 Argyll Road, Fayetteville, NC, appeared in opposition to the rezoning.  He stated there had been a safety issue particularly involving children riding bicycles on and around the truck loading ramps.  Mr. Turlington stated he had no problem with C1 being approved but residential property should not be beside a warehouse with tractor-trailer trucks backing in and out.
	There being no one further to speak, the public hearing closed at 8:00 p.m.
	A discussion was held regarding spot zoning.  Mr. Teal assured the Council if it were rezoned, there would be no spot zoning.
MOTION:	Council Member Fogleman moved to deny the request based on the Zoning Commission’s recommendation and to have a study of this area done by the Planning Commission.
SECOND:	Council Member Gonzalez
VOTE:	PASSED by a vote of 9 in favor to 1 in opposition (Council Member Keefe)
	Mr. Teal stated the study would take from four to six months and he would be back to the Council in January or February of 2004.
B.	P03-23F.  Consider an application by the Blanche Battle Retirement Center, Inc., for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 30-109(2), to allow for convalescent, nursing, or independent living facilities in an R6 Residential District for the property located at 1221 and 1223 Coley Street.  Containing .34 acres more or less and being the property of the applicant as evidenced by deed recorded in Deed Book 5410, page 0374, Cumberland County Registry.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  Mr. Teal reviewed the current zoning, the current land use, and the 2010 Land Use Plan.  He stated the Zoning Commission had recommended approval of the Special Use Permit with the findings of fact that the area in which such use was to be located and the use itself would not be detrimental to the surrounding area.
	This is the advertised public hearing set for this date and time.  The public hearing opened at 8:10 p.m.  The speakers were sworn in by the City Clerk.
	Mr. David Pickens, Jr., 202 Chloe Drive, Fayetteville, NC, appeared in favor of the Special Use Permit.  He stated there was a need to provide housing for the elderly.
	Mr. Aaron J. Johnson, 1917 Earnest Street, Fayetteville, NC, appeared in favor of the Special Use Permit.
	There being no one further to speak, the public hearing closed at 8:14 p.m.
MOTION:	Council Member Haire moved to approve the request for a Special Use Permit with the findings of fact as set out by the Zoning Commission.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (10-0)
4.	Consider Planned Neighborhood Development Plan (PND) for King’s Grant Subdivision.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  He stated the City Council had held a public hearing on May 12, 2003, to allow input from the residents in the King’s Grant neighborhood and the surrounding area.  After the public hearing, action was delayed by Council in order to give the developer and residents an opportunity to work out the details.
	Mr. Teal reported the two parties had reached an agreement on the general PND Plan and the detailed PND Plan for the area detailed as commercial.  The applicant will develop the 5.86 acres for commercial use with prohibitions of some commercial uses and a buffer requirement of 30 to 50 feet around the perimeter of the property.  The following restrictions were placed on the C(1) property of the King’s Grant development:
1.	The Property would be zoned C(l)P in accordance with the revised PND.
2.	That portion of the Property paralleling Shawcroft Road and being 150-feet in width would be restricted in its use to those permitted under the P2 zoning of the City of Fayetteville.
3.	The balance of the property would be restricted to prohibit the following uses:
a.	Alcoholic beverage package retail sales;
b.	Automobile commercial parking enterprises including parking garages;
c.	Automobile, new and used, and accessory sales;
d.	Automobile service station;
e.	Any nightclubs, bars, or lounges;
f.	Alcohol sales not operated in conjunction with a sit-down restaurant;
g.	Circus, carnivals, fairs, and sideshows by nonprofit organizations;
h.	Clubs and other places of entertainment operated as commercial enterprises;
i.	Laundries;
j.	Launderette;
k.	Motels and motor courts;
1.	Motorcycle sales;
m.	Pawnshops and secondhand stores;
n.	Taxi stand;
o.	Lodges, fraternal and social organizations; and
p.	Theaters.
4.	The owner or ground lessee of any portion of the Premises owned or leased would observe the following buffers:
a.	A 50-foot landscaped buffer would be maintained along Shawcroft Road.  It was the intent that existing trees exceeding 8 inches in diameter would not be removed from this area.  The buffer area would be landscaped and maintained by the Declarant.
b.	A 50-foot landscaped buffer would be maintained along Ramsey Street.  This buffer area would be landscaped and maintained by Declarant.
c.	A 30-foot landscaped buffer would be maintained along the southern property line.
MOTION:	Council Member Keefe moved to approve the Plan as presented.
SECOND:	Council Member Kirby
VOTE:	UNANIMOUS (10-0)
5.	Consider adoption of a resolution to the North Carolina Department of Transportation supporting a pedestrian access to connect Pine Forest High School with neighborhoods to the south of the school that are separated by the construction of the Outer Loop. (North Fayetteville Study Recommended Action)
A RESOLUTION OF THE FAYETTEVILLE CITY COUNCIL REQUESTING THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION TO INCLUDE A PEDESTRIAN ACCESS IN THE VICINITY OF PINE FOREST HIGH SCHOOL AS PART OF THE CONSTRUCTION OF THE FAYETTEVILLE OUTER LOOP.  RESOLUTION NO. R2003-063.
MOTION:	Council Member Fogleman moved to approve.
SECOND:	Council Member Smith
VOTE:	UNANIMOUS (10-0)
6.	Consider donation of real estate at 225 Ray Avenue from Old Dominion Tobacco Company, Inc.
	City Manager Roger Stancil presented this item.  Mr. Stancil reported the deed from Old Dominion Tobacco Company, Inc., donating the property to the City of Fayetteville had been signed.
	Mr. Stancil recommended the City Council accept the donation and authorize the Mayor to do a letter of appreciation to Mrs. Ray and Old Dominion Tobacco Company, Inc.
	Mayor Pro Tem Kendrick inquired if there were any environmental issues.  Mr. Stancil replied there were no environmental issues.
MOTION:	Mayor Pro Tem Kendrick moved to accept the property.
SECOND:	Council Member Keefe
VOTE:	UNANIMOUS (10-0)
7.	Monthly Commissioner Report from Public Works Commission.
	Mr. Steve Blanchard, PWC General Manager, reported the lighting program for the downtown area had been finalized, the street lighting design for the upcoming annexation thoroughfares had been completed, and the installation of lights along Bingham Drive had been completed.  He stated the easement from the North Carolina Department of Transportation had been received and other thoroughfares could now be completed.
	Mr. Blanchard further reported there was a new project with Spring Lake and the contract with Progress Energy was going well.
8.	Consider resolution approving the financing team for and making the findings and determinations required by the North Carolina Local Government Commission with respect to the issuance of Public Works Commission variable rate revenue bonds, Series 2003A, of said city, and requesting the North Carolina Local Government Commission to sell said Bonds by negotiated sale.
	Ms. Lisa Smith, Chief Financial Officer, presented this item.  She explained the Council needed to approve the issuance of PWC Variable Rate Revenue Bonds, Series 2003A, for refinancing and to generating an interest rate savings of approximately $5.5 million.  Ms. Smith stated the additional Variable Rate Revenue Bonds would be used to fund general and annexation related utility system infrastructure improvements.
	Ms. Smith recommended the Council approve the resolution designating the Financing Team and authorizing the City to apply to the Local Government Commission to issue the Variable Rate Revenue Bonds in an amount not to exceed $100 million.
RESOLUTION APPROVING THE FINANCING TEAM FOR AND MAKING THE FINDINGS AND DETERMINATIONS REQUIRED BY THE NORTH CAROLINA LOCAL GOVERNMENT COMMISSION WITH RESPECT TO THE ISSUANCE OF PUBLIC WORKS COMMISSION VARIABLE RATE REVENUE BONDS, SERIES 2003A, OF SAID CITY, AND REQUESTING THE NORTH CAROLINA LOCAL GOVERNMENT COMMISSION TO SELL SAID BONDS BY NEGOTIATED SALE.  RESOLUTION NO. R2003-064.
MOTION:	Council Member Fogleman moved to approve.
SECOND:	Council Member Kirby
	A discussion was held regarding the members of the Financing Team and in particular Mr. Bacote who was now employed by Commercial Capital Markets.  The Council decided not to make any changes in the Financing Team at this time.
VOTE:	UNANIMOUS (10-0)
9.	Report from Development Committee.
	Council Member Worthy, Chairman of the Development Committee presented this item.  He reported that the Development Committee had held a public hearing on July 10, 2003, at the Kiwanis Recreation Center to get citizen input on the proposed lease agreement between the City of Fayetteville and the YMCA for the Kiwanis Recreation Center.
	Council Member Worthy reported there had been a good turnout and at the end of the discussion, Council Member Kirby had made a motion, seconded by Council Member Smith, to deny the proposal to enter into the lease/management agreement with the YMCA.  The Committee voted unanimously to approve the motion.
	Mr. Worthy announced that after the public hearing, the YMCA had withdrawn from the negotiations.  No action was required on this item.
10.	BOARDS AND COMMISSIONS:
A.	Nominations
1.	Fayetteville City Planning Commission - 4 vacancies – 1 nomination made; 3 nominations needed
	Mr. David Gladney was nominated by Council Member Worthy.  Mr. Martin Hendrix was nominated by Mayor Pro Tem Kendrick.  Mr. Thomas Council was nominated for reappointment by Council Member Smith.  Mr. John Fields was nominated by Council Member Keefe.  Ms. Mikele Haywood was nominated by Council Member Gonzalez.
2.	Fayetteville City Zoning Commission - 2 vacancies - 2 nominations made - 2 members eligible for reappointment
	Mr. Michael Unruh was nominated by Council Member Kirby.
3.	Taxicab Review Board - 3 vacancies (2 regular taxicab industry members and one alternate position) - 2 nominations made for regular industry members - one nomination needed for alternate position
	No nominations were made.
B.	Local Government Military Base Advisory Committee
	City Manager Roger Stancil or his designee was appointed as the staff member.  Council Member Fogleman was appointed as the elected official.
C.	Information for August Vacancies
1.	Board of Appeals - 1 vacancy - 1 appointment needed
2.	Board of Adjustment - 5 vacancies (3 regular vacancies and 2 alternate vacancies) - 5 appointments needed
11.	ADMINISTRATIVE REPORTS
A.	Response to public forum concerns.
	City Manager Roger Stancil presented this item.  Mayor Pro Tem Kendrick requested that the City’s bus service procedures be placed on the next agenda for referral to the Transportation Committee.  Mr. Kendrick expressed concern about Mr. Jerome Brown’s recommendation that petitions from the Wingate Subdivision be obtained when petitions had not been required previously.  He stated he thought this was a regression of service and did not give equal treatment to all of the citizens.
	Council Member Haire expressed his concerns about apartment trash pickup contracts.  Mr. Stancil reported that the commercial franchise was up for renewal at the end of the fiscal year and would be coming back to the Council for their consideration and they could make any changes they desired at that time.
B.	Update on Council projects.
INFORMATION ITEMS:
1.	Response from City Attorney regarding the procedure for reconsidering an agenda item per request from Council Member Kirby during June 23, 2003, Council meeting.
2.	Statement of taxes collected for the month of June 2003 from the Cumberland County Tax Administrator.
2002 Taxes	$99,899.37
2002 Vehicle Taxes	227,129.45
2002 Revit	136.10
2002 Vehicle Revit	276.09
2002 FVT	27,362.29
2002 Storm Water	7,345.93
2001 Taxes	15,301.69
2001 Vehicle Taxes	3,424.44
2001 Revit	0.00
2001 Vehicle Revit	0.00
2001 FVT	700.22
2001 Storm Water	1,235.80
2000 Taxes	2,446.49
2000 Vehicle Taxes	1,072.81
2000 Revit	0.00
2000 Vehicle Revit	0.00
2000 FVT	155.00
2000 Storm Water	239.03
1999 Taxes	371.13
1999 Vehicle Taxes	454.18
1999 Revit	0.00
1999 Vehicle Revit	0.00
1999 FVT	85.00
1999 Storm Water	38.85
1998 and Prior Taxes	160.42
1998 and Prior Vehicle Taxes	1,246.68
1998 and Prior Revit	0.00
1998 and Prior Vehicle Revit	0.00
1998 and Prior FVT	260.00
1998 and Prior Storm Water	65.30
Interest	15,384.32
Interest (Revit)	5.03
Interest (Storm Water)	707.88
Fayetteville Discount (Current)	0.00
Fayetteville Discount (Revit)	0.00
Total Collections	$405,503.50
3.	Copy of letter from Fayetteville Redevelopment Commission to Fayetteville Metropolitan Housing Authority requesting that the Housing Authority pursue a Hope VI grant from the US Department of Housing and Urban Development.
4.	Response from NC DOT regarding traffic signal installation on Raleigh Road at Shawcroft Road.
5.	Police Department – Report from the Office of Professional Standards and Inspections Department for the month of May 2003.
6.	Airport Commission – Minutes of May 27, 2003.
7.	FAEDC – Minutes of Board of Directors meeting of May 13, 2003, and Activities Report for May and June 2003.
8.	Planning Department – Monthly report for May 2003.
MOTION:	Mayor Pro Tem Kendrick moved to adjourn the meeting.
SECOND:	Council Member Smith
VOTE:	UNANIMOUS (10-0)
	The meeting adjourned at 8:55 p.m.
REGULAR MEETING
AUGUST 11, 2003
FAYETTEVILLE CITY COUNCIL
REGULAR MEETING
CITY HALL COUNCIL CHAMBER
AUGUST 11, 2003
7:00 P.M.
Present:	Mayor Marshall B. Pitts, Jr.
Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3) (arrived at 7:35 p.m.); Darrell J. Haire (District 4); Lois A. Kirby (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Anne Fogleman (District 9)
Others Present:	Roger L. Stancil, City Manager
			Karen M. McDonald, City Attorney
			Lisa Smith, Chief Financial Officer
			Jimmy Teal, Chief Planning Officer
			Wilson Lacy, Public Works Commission
			Jason Brady, Public Information Officer
			Janet C. Jones, City Clerk
			Members of the Press
INVOCATION - PLEDGE OF ALLEGIANCE
	The invocation was offered by Reverend Kyung Kim, Fayetteville Korean Baptist Church, followed by Mayor Pitts leading in the Pledge of Allegiance to the American Flag.
	Mayor Pitts presented Reverend Kim with a City pin.
RECOGNITION:
Presentation to Robert W. (Sandy) Saunders, PWC Commissioner for eight years.
	Mayor Pitts presented a City coin to Robert W. (Sandy) Saunders in special recognition of his eight years of service as a member of the Public Works Commission.
Presentation to Fayetteville State University's MBA Team, First Runner Up in the OFC National MBA Venture Challenge.
	Mayor Pitts presented City coins to Fayetteville State University’s team of MBA students who won the second biggest award in the Third Annual National Opportunity Fund Corporation Venture Challenge.  The team members were Amos Green, Irina Howard, Aamir Khan, and JoAnn Seymour, a City employee in the Transit Department.
	Dr. Assad Tavakoli, advisor for the team, stated the purpose of the competition was to foster the entrepreneurial spirit, encourage development of innovative service or product concepts, and develop business leaders.
MAYOR’S ANNOUNCEMENTS:
1.	Special Events
	City Manager Roger Stancil reviewed the Special Events calendar.
1.	APPROVAL OF AGENDA
MOTION:	Council Member Smith moved to approve the agenda.
SECOND:	Mayor Pro Tem Kendrick
VOTE:	UNANIMOUS (9-0)
2.	CONSENT:
	Council Member Keefe requested to pull Item 2.D. from the consent agenda for discussion.
MOTION:	Mayor Pro Tem Kendrick moved to approve the consent agenda with the exception of Item 2.D.
SECOND:	Council Member Kirby
VOTE:	UNANIMOUS (9-0)
	The following items were approved:
A.	Approve minutes:
1.	Regular meeting of July 24, 2003.
B.	Refer to Transportation Committee a discussion of transit services in the City of Fayetteville.
C.	Approve the following finance matters:
1.	State Grant - Airport terminal roof replacement.
RESOLUTION.  RESOLUTION NO. R2003-065.
2.	Special Revenue Ordinance Amendment 2004-1 (Community Development Block Grant Program for FY 2004).
	This amendment provides additional resources for the Community Development Block Grant Program.  The source of funds was a grant from the U.S. Department of Housing and Urban Development for Fiscal Year 2003-04 ($1,427,000.00) and Program Income ($116,545.00).  The funds will be used to provide housing rehabilitation and downtown loan pool loans, operate neighborhood resource centers, assist with water and sewer assessments, and complete other projects as stated in the FY 2004 One-Year Action Plan.
3.	Special Revenue Ordinance Amendment 2004-2 (HOME Investment Partnerships Program for FY 2004).
	This amendment provides additional resources for the HOME Investment Partnerships Program.  The source of funds was a grant from the U.S. Department of Housing and Urban Development for Fiscal Year 2003-04 ($768,722.00), a local match from the General Fund ($86,487.00), and Program Income ($163,634.00).  The funds will be used to provide single- and multi-family housing loans and complete other projects as stated in the FY 2004 One-Year Action Plan.
D.	Pulled for discussion by Council Member Keefe.
E.	Adopt resolution of appreciation in honor of Dr. Willis B. McLeod.
RESOLUTION.  RESOLUTION NO. R2003-066.
F.	Adopt resolution pursuant to N.C.G.S. § 160A-31 fixing a date for a public hearing for a petition-initiated contiguous annexation area (Henry Clark Property – located on Cedar Creek Road, across from LA Dunham Road).
A RESOLUTION FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED CONTIGUOUS ANNEXATION AREA PURSUANT TO N.C.G.S. 160A-31 (HENRY CLARK PROPERTY - LOCATED ON CEDAR CREEK ROAD, ACROSS FROM LA DUNHAM ROAD).  RESOLUTION NO. R2003-067.
D.	P03-25F.  Approve the rezoning from R6 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for property located at 1805 Pamalee Drive.  Containing .61 acres more or less and being the property of William Patterson, as evidenced by deed recorded in Deed Book 640, page 290, Cumberland County Registry.
	Council Member Keefe pulled this item for discussion.  He stated the staff and Zoning Commission had a responsibility to prevent blight and he was opposed to rezoning this property to C3.
MOTION:	Council Member Keefe moved to approve a rezoning district of C1 rather than C3.
SECOND:	Council Member Worthy
	City Attorney Karen McDonald informed the Council that if they were not inclined to accept the recommendation, it would be necessary for them to hold a public hearing.
MOTION:	Council Member Keefe moved to hold a public hearing as soon as possible.
SECOND:	Council Member Worthy
	Council Member Fogleman stated she felt this should be rezoned C3 because the property was surrounded on either side by C3 with an R6 district across the street which was close enough to preclude any adult entertainment.
	Council Member Keefe stated it might stop adult entertainment but it would not stop a junkyard and some other uses authorized in the C3.
VOTE:	PASSED by a vote of 8 in favor to 1 in opposition (Council Member Fogleman)
3.	PUBLIC HEARINGS:
A.	P03-26F.  Consider the rezoning from R6 Residential District to R5 Residential District or to a more restrictive zoning classification for property located at 308 and 312 Oakridge Avenue.  Containing .75 acres more or less and being the property of Katherine Fasul, Ralph M. Potter, Constance D. Potter and Steve Paris, as evidenced by deed recorded in Deed Book 2674, page 0541, Cumberland County Registry.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  Mr. Teal reviewed the current land use, the current zoning, and the 2010 Land Use Plan.  He advised the Council that Oakridge Avenue was a residential street.
	Mr. Teal presented an analysis of the number of units which would be allowed on the property as follows:  (1) R6 zoning classification – 8 units, (2) R5A zoning classification – 10 units, and (3) R5 zoning classification – 21 units.  Mr. Teal stated the staff recommended approval of the R5A because it conformed to the recommendation of the 2010 Land Use Plan.
	This is the advertised public hearing set for this date and time.  The public hearing opened at 7:27 p.m.
	Mr. Steve Paris, 1126 Offshore Drive, Fayetteville, NC, appeared in favor of the rezoning.  Mr. Paris stated he and his partner were planning a project consisting of 12 condominiums with 27 parking spaces.  He stated he was mindful of the concerns of the neighbors and this project would not destroy the neighborhood, alter the traffic, or diminish property values.  Mr. Paris stated he felt the project would add to the City’s tax base and would enhance the neighborhood.  He stated only 12 units would be built and not 21 units as had been rumored.
	Mr. Ralph Potter, 1128 Offshore Drive, Fayetteville, NC, assured the Council and the citizens that he also was mindful of the historic value of Haymount and he had made a commitment to build this project with class and dignity.  Mr. Potter stated the units were going to be in a lower price range than some of the other similar projects in the Haymount area and would be affordable for first-time home buyers.  Mr. Potter pointed out the project would create jobs in the community and the traffic would not be a problem because there were already more than 20 intersecting streets used to get to Oakridge Avenue.
	Mr. Potter requested to use the remainder of time for rebuttal.
	Ms. Liviana Haynes, 402 Rollingwood Circle, Fayetteville, NC, appeared in opposition.  She stated her concern for the traffic problems and the increase of parking on the street.
	Council Member Massey arrived at 7:35 p.m.
	Ms. Sue Brown Bandy, 1215 Hilltop Avenue, Fayetteville, NC, stated the project would be a detriment to the neighborhood.  She stated she had surveyed the area and there were 165 apartments, 73 condominiums, and 8 townhouses abutting the property in question.  Ms. Bandy stated the density in this area was a problem and she asked the Council to deny the rezoning request.
	Mr. Gerald Fachet, 203 Oakridge Avenue, Fayetteville, NC, stated he was opposed to anything that would change the Land Use Plan that was in existence.  He expressed his preference for single-family residents.  Mr. Fachet also expressed his concern about the traffic and the widening of Oakridge Avenue if the traffic flow increased.
	Ms. Joanna Harmon, 401 Rollingwood Avenue, Fayetteville, NC, stated her concern was with the police response time in the area if the population continued to increase.  Ms. Harmon stated she had had to call the police on three occasions and the response time had not been good.
	Mr. Joe Potts, 1200 Goodview Avenue, Fayetteville, NC, stated he was concerned for the safety of the children in the area due to the increased traffic.  He inquired about the number of units allowed on three quarters of an acre as opposed to a full acre.  He stated he thought the number of units should be six instead of the stated eight.
	Mr. Robert Pollock, 1321 General Lee Avenue, Fayetteville, NC, stated his concern about the lack of sidewalks and the increased traffic.
	Mr. Kathleen Cummings, 409 Rollingwood Circle, Fayetteville, NC, expressed her concern about the traffic and lack of parking.
	Mr. Tom Suivers, 784 Galloway Drive, Fayetteville, NC, stated he had lived in the area for 20 years and he did not want to see the traffic increase and the safety decrease.
	Mr. Steve Paris appeared in rebuttal and stated he was not responsible for the lack of sidewalks in the Haymount area and he could not control the traffic of the City and he did not think 12 units or 24 persons would make a huge impact on the traffic situation.
	Mr. Potter reviewed the site plan and the parking for the project.  He stated he understood the community’s concerns but he nor Mr. Paris were responsible for everything in the City.  He said changes were taking place in our community everyday and he and Mr. Paris felt the plan for 12 units versus 21 units spoke for their regard for the neighborhood.
	There being no one further to speak, the public hearing closed at 8:00 p.m.
MOTION:	Council Member Kirby moved to take the recommendations of the Zoning Commission and leave the zoning at R6.
SECOND:	Council Member Gonzalez
	A lengthy discussion was held regarding the number of units allowed in each zoning district, the traffic issues, preservation of the neighborhood, the domino effect of zoning changes, and the standards the Council must use to make a zoning decision.
	Council Member Keefe inquired if the neighborhood and the developer had gotten together and discussed the issues.  Mr. Potter stated they had not met with the neighborhood, but they were willing to do so.
SUBSTITUTE MOTION:
Council Member Keefe moved to delay the decision on this item.
	Council members asked questions of the interested parties in the audience regarding the possibility of a meeting between the developer and the neighborhood.  The consensus was that the neighborhood was not interested in a meeting because they did not want the zoning changed.
ORIGINAL MOTION VOTE:
PASSED by a vote of 9 in favor to 1 in opposition (Council Member Keefe)
4.	Monthly Commissioner Report from Public Works Commission.
	Mr. Wilson Lacy representing the Public Works Commission made the monthly report.  He stated the report was in the agenda in its entirety and he was not going to review it all.  Mr. Lacy pointed out the following items:  (1) the Commission staff was continuing to work with the City staff on the bond issue, (2) a draft proposal on providing potable water to Fort Bragg had been presented to Fort Bragg, (3) PWC was operating under the new Progress Energy contract, and (4) the annual audit preparation was underway and should be completed by October 2003.
	Council Member Keefe requested that an update on the storm water drainage situation be presented to Council at the next meeting.
5.	Consider the following items related to the proposed General Obligation Refunding Bonds, Series 2003:
A.	Adoption of resolution making certain findings relating to the authorization and issuance of general obligation refunding bonds of the City Of Fayetteville, North Carolina, and ratifying action of Finance Director in filing application for approval thereof with Local Government Commission.
	Ms. Lisa Smith, Chief Financial Officer, presented this item.  Ms. Smith stated the refinancing bonds would save the City approximately $333,000.00 and that amount would be shared by both the General Fund and the Utility Fund.
	Ms. Smith recommended adoption of the resolution.
RESOLUTION MAKING CERTAIN FINDINGS RELATING TO THE AUTHORIZATION AND ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, AND RATIFYING ACTION OF FINANCE DIRECTOR IN FILING APPLICATION FOR APPROVAL THEREOF WITH LOCAL GOVERNMENT COMMISSION.  RESOLUTION NO. R2003-068.
	Mayor Pro Tem Kendrick inquired if the $333,000.00 would go back into the City budget which had been approved in June.  Ms. Smith responded that the savings would be distributed over the life of the bonds.
MOTION:	Mayor Pro Tem Kendrick moved to adopt the resolution.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (10-0)
B.	Introduction of the Order Authorizing $9,000,000 General Obligation Refunding Bonds.
	Ms. Lisa Smith, Chief Financial Officer, presented this item and recommended the Council direct the Chief Financial Officer to file a sworn statement of debt with the City Clerk; set a public hearing on August 25, 2003, for the bond order; and direct the City Clerk to publish the bond order as required by the Local Government Bond Act.
MOTION:	Council Member Worthy moved to recommend the Council direct the Chief Financial Officer to file a sworn statement of debt, set a public hearing, and publish the bond order as required by the Local Government Bond Act.
SECOND:	Council Member Massey
VOTE:	UNANIMOUS (10-0)
6.	Consider adoption of City Council Goals.
	City Manager Roger Stancil presented this item.  Mr. Stancil recommended the Council adopt their goals with the understanding that the goals may be affected by other issues on the table like the sales tax distribution.
	Council Member Fogleman inquired about recycling.  Mr. Stancil stated that solid waste issues would be discussed with the County during their meetings on the landfill use issue.
ACTION AGENDA 2003
	Policy Agenda 2003
		Top Priority
		PWC:  Actions
		Annexation:  Actions
		Homeland Security Action Plan
		City Marketing Program:  Media and National Image
		Plan for Senior Recreation
		Westover Community/Recreation Center:  Funding
		High Priority
		Master Economic Development Plan:  Implementation
		Road Cleanup:  Funding
		Parks and Recreation Consolidation
		Passenger Rail Service
		Bond Package:  Direction
MANAGEMENT AGENDA 2003
	 1.	PWC Agreement (Finance/Operation)
	 2.	Public Transportation Regional Study:  Update
	 3.	Festival of Flight Plan
	 4.	Solid Waste Collection
	 5.	Gateways Plan:  Implementation
	 6.	Anti-Litter Enforcement
	 7.	Arts Center Complex Master Plan
	 8.	Festival Park
	 9.	Farmers' Market
	10.	Neighborhood Redevelopment Plans
	11.	Weed and Seed (71st Area)
	12.	Project:  Safe Neighborhood (Grant)
MAJOR PROJECTS 2003
	 1.	Person Street Streetscape and Project
	 2.	Center City Industrial Park Development
	 3.	Cape Fear River Trail Development
	 4.	Depot Project
	 5.	Freedom Memorial Park
SERVICE ENHANCEMENTS 2003-2004
	 1.	Solid Waste Services
	 2.	Plan for Senior Recreation
		- Review Plan/Lease
		- Identify Funding Source
		- Determine Location
		- Bring Senior Stakeholders
	 3.	Westover Community/Recreation Center
		- Decide on Inclusion in Bond Package
MOTION:	Council Member Worthy moved to adopt the goals.
SECOND:	Council Member Fogleman
	Council Member Massey asked the Council to consider these goals in the evaluations of the City Manager and the City Attorney and to look at how each one had dealt with the goals that Council had given them.
VOTE:	UNANIMOUS (10-0)
7.	Discussion of Capital Improvement Program.
	City Manager Roger Stancil presented this item.  Mr. Stancil stated the Council’s previous discussions on goals had been based on the ability of the City to issue debt without raising the tax rate.  He explained that as the existing debt was paid down, there was a capacity to incur new debt and to pay for it with funds that were already dedicated to debt service without having to raise taxes.  Mr. Stancil stated the issue was what priorities the Council wanted to set.  He stated the dedicated debt service was now at 9.22 cents and he was making his recommendations based on that amount.
	Mr. Stancil explained that in addition to the debt service, an additional $600,000.00 for capital improvements had been included in this year’s budget.  He explained the appropriated funds would be enough to pay for small projects and to incur the costs of design for larger projects.
	Mr. Stancil stated that at the previous meeting discussion had been held about traditional projects such as (1) drainage, water, and sewer which had been shifted to PWC; (2) streets; (3) sidewalks; (4) a recreation center and (5) the fire station on Langdon Street.  He explained the recreation center and the critically needed fire station were building projects which would require the issuance of installment debt to construct, but would not require a bond referendum to approve the debt.
	Mr. Stancil recommended the Council use installment financing for the recreation center and the fire station so the projects could move forward.  He said the fire station would require additional operating costs, but the recreation center could be operated by realigning existing staff from the different facilities in the City.
	Mr. Stancil recommended using the debt service capacity for drainage, streets, and sidewalks.  He reported that drainage was a serious consideration for this community and there had been discussion about the storm water fees, and an option that could be considered later would be to increase that fee and use the revenues to borrow money to do the drainage improvements that were needed therefore extending the cost over the future generations.
	Mr. Stancil stated there had also been discussion about the improvements needed in the Bonnie Doone area.  He stated the need for facilities had been noted, but perhaps there was a way to meet some of these needs with something like the Eastside Park until money could be gathered to construct a building.
	Mr. Stancil presented graphs of the current Debt Service Fund balance, the proposed debt management plan, and the effect of the proposed debt management plan.
	Mr. Stancil stated his recommendation was twofold in that a decision needed to be made about what the capital priorities were and how they would be financed.  He recommended the Council (1) authorize him to negotiate and execute design contracts for the Westover Recreation Center and the fire station on Langdon Street using funding from the $600,000.00 in the capital budget and (2) if there was an interest in doing something in the Bonnie Doone area, to direct the staff to come back with a plan and a financing strategy.
MOTION:	Council Member Worthy moved to authorize the City Manager (1) to negotiate and execute the design contracts for the Westover Recreation Center and the Fire Station on Langdon Street, (2) to designate the process to be used for setting capital priorities, and (3) to have the staff come back with plans for a park and playground in the Bonnie Doone area.
SECOND:	Council Member Haire
	Council Member Gonzalez inquired if existing plans could be used and adapted for the recreation center and the fire station.  Mr. Stancil responded that that was his plan.  He further explained the City needed to recover from the economy and the financial strain it has been under and the dirt streets, paving, and sidewalks would probably be deferred until the 2009 time frame.
	A discussion was held regarding the sales tax issue.  Mr. Stancil reported upon the Council’s approval there had been a commitment by the Mayors and the Chairman of the County Commissioners to resolve this issue by October 31, 2003.
	Mayor Pitts reported the Mayors around the County as well as the Chairman of the County Commissioners had formed a group as approved by the Council and they had been meeting frequently to address the sales tax issue and the parks and recreation issue.  He stated a report would be forthcoming.
VOTE:	UNANIMOUS (10-0)
8.	Report from Transportation Committee.
	Council Member Haire, Chairman, presented this item.
A.	Discussion of location of bus stop on Village Drive at Owen Drive.
	Council Member Haire stated the Committee recommended keeping the bus stop at the current location and referring the issue to the City-County Liaison Committee for discussion.
B.	Discussion of shuttle service to I-95.
	Council Member Haire stated the Committee recommended looking at the development of a survey to determine if there was any interest or need for a shuttle bus service.
C.	Discussion of trolley for downtown.
	Mr. Don McNeill Stewart recommended the continuation of the feasibility study sponsored by the North Carolina Department of Transportation because a trolley would help to drive economic development.  He stated the purpose was to generate participation from the private sector with a goal of the study that 10 percent of the costs would be raised by the private sector.
9.	Report from Manager/Attorney Evaluation Committee.
	Council Member Massey presented this item.  He explained the four-step evaluation process:  (1) goals are set up by the City Council, (2) implementation of the goals by the staff, (3) determination of how the Council would evaluate if its goals had been implemented by the staff, and (4) evaluation of the City Manager and City Attorney by the entire City Council.
	Mr. Massey stated the revised evaluation forms had been completed and would be passed out prior to the 19th of August.
MOTION:	Council Member Massey moved to accept the plan and go forth with the evaluation.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (10-0)
10.	Discussion of placing asphalt sidewalk on Ireland Drive.
	Mayor Pro Tem Kendrick presented this item.  He stated the sidewalks on Ireland Drive had been discussed by the staff, TTC, TAC and TIP and there was a waiting period of approximately ten years.  Mayor Pro Tem Kendrick stated there were five schools in this area and there was an enormous amount of foot walkers because there was no school bus service.
	Mayor Pro Tem Kendrick asked the Council to approve putting down asphalt sidewalks between Raeford Road and Village Drive to ensure the safety of the school children in this area.
MOTION:	Mayor Pro Tem Kendrick moved to direct the staff to put asphalt sidewalks between Raeford Road and Village Drive on the Ireland Drive side.
SECOND:	Council Member Fogleman
	A discussion was held regarding the life span of the asphalt, whether this action would set a benchmark for other areas that were in need of sidewalks, and whether the funds could be taken from the $600,000.00 allotted for capital projects.
	Council Members Haire and Gonzalez expressed their concerns that putting the sidewalk on Ireland Drive would not be fair to all of the citizens in Fayetteville that were in other areas that needed sidewalks.
SUBSTITUTE MOTION:
Council Member Gonzalez moved to send this item to the meeting the Council would hold for discussion and setting of priorities for the Capital Improvement Plan.
SECOND:	Council Member Haire
	Further discussion was held on the pros and cons of doing the sidewalk.  Mayor Pitts called for a vote on the subsitutute motion.
SUBSTITUTE MOTION VOTE:
FAILED by a vote of 3 in favor (Council Members Haire, Worthy, and Gonzalez) to 7 in opposition
	A discussion ensued regarding the safety of the children if the sidewalk was put down during the school term and the effect cold weather would have on the pouring of the asphalt.
	Mr. Stancil stated if the project were approved, he could assure the Council it would be done with minimal safety issues.
ORIGINAL MOTION VOTE:
PASSED by a vote of 9 in favor to 1 in opposition (Council Member Keefe)
11.	BOARDS AND COMMISSIONS:
A.	APPOINTMENTS
1.	Fayetteville City Planning Commission:  4 vacancies - 4 appointments needed
	Mr. Thomas Council was reappointed to a second term.
	Mr. David Gladney, Mr. Martin Hendrix, and Ms. Mikele Haywood were appointed to first terms.
2.	Fayetteville City Zoning Commission:  2 vacancies - 2 appointments needed
	Mr. Michael Unruh and Mr. Garrett Davis were appointed to first terms.
3.	Taxicab Review Board:  3 vacancies (2 regular Taxi Industry members and 1 alternate member) - 3 appointments needed - 2 nominations made for regular member positions - Alternate nomination not made
	Mr. Robert Hinton was reappointed to a second term.
	Mr. Chigbo Umeral was appointed to a first term.
	No alternate vacancy appointment was made.
B.	NOMINATIONS
1.	Board of Appeals - 1 vacancy - 1 nomination needed
2.	Board of Adjustment - 5 vacancies (3 regulars and 2 alternates) - 5 nominations needed - all expiring terms eligible for reappointment
	Ms. Annette Smith was nominated for a regular position by Council Member Kirby.
	Ms. Alicia Chilsolm and Mr. David Courie were nominated for appointment to the regular positions by Council Member Worthy.
	Mr. Tom Keith was nominated for a regular position by Mayor Pro Tem Kendrick.
	Mr. David Zuravel was nominated for a regular position by Council Member Keefe.
C.	Information - September Vacancies
1.	Senior Citizens Advisory Commission - 2 vacancies
	No action was taken on this item.
12.	ADMINISTRATIVE REPORTS
A.	City Position Vacancy Report for period from April 28 through July 27, 2003.
B.	Update on meeting with Housing Authority regarding HOPE VI grant funding opportunities.
	City Manager Roger Stancil reported the Housing Authority did not wish to pursue Hope VI grants because they were opposed to demolishing Groveview Terrace.  He explained the City could not apply for the funds without the Housing Authority’s support.
	A discussion was held regarding the pros and cons of accepting money which would require tearing down Groveview Terrace.
	Mayor Pitts stated a motion was needed because this was an information item and was not for discussion.
MOTION:	Council Member Fogleman moved to have Mr. Stancil come back with some recommendations as to what to do with this situation.
SECOND:	Council Member Kirby
VOTE:	PASSED by a vote of 9 in favor to 1 in opposition (Council Member Worthy)
C.	Update on transfer of USO property.
	Mr. Stancil stated the transfer would be at no expense to the City of Fayetteville.
D.	Update on discussions with Cumberland County regarding recreation services.
	Mr. Stancil stated there were many legal issues involved in creating an authority pursuant to the North Carolina General Statutes.  He stated the staff was looking at consolidation of the athletic events and the co-location of the administrative staff.
	City Attorney Karen McDonald stated she planned to bring the issue of the concerns with creating the authority back to the Council for more direction.
E.	Update on projects.
13.	Consider closed session for the purpose of discussing an economic development item.
MOTION:	Mayor Pro Tem Kendrick moved to go into closed session to discuss economic development.
SECOND:	Council Member Massey
VOTE:	UNANIMOUS (10-0)
	The Council went into closed session at 9:55 p.m.  The regular session resumed at 10:09 p.m.
MOTION:	Council Member Smith moved to come out of closed session.
SECOND:	Mayor Pro Tem Kendrick
VOTE:	UNANIMOUS (10-0)
INFORMATION ITEMS:
1.	Letter from J. C. Watts team regarding proposal for representation.
2.	2003 Legislative Wrap-Up report prepared by NCLM.
3.	Information on City property and casualty insurance services broker.
4.	Quarterly Financial Review.
5.	Report on plans for Time Warner Cable to deploy its new Digital Phone service.
6.	Police Department – Report from the Office of Professional Standards and Inspections for the month of June 2003.
7.	Human Relations Commission – Chairman’s final report.
8.	Airport Commission – minutes of June 24, 2003.
9.	Update on ongoing annexation projects.
10.	CCBC – minutes of June 25, 2003, Board of Directors meeting.
11.	FAEDC – minutes of June 26, 2003, Board of Directors meeting; minutes of Annual Meeting of June 26 2003.
12.	PWC – minutes of June 2 and June 11, 2003.
13.	Planning Department – monthly report for June 2003.
MOTION:	Council Member Smith moved to adjourn the meeting.
SECOND:	Mayor Pro Tem Kendrick
VOTE:	UNANIMOUS (10-0)
	The meeting adjourned at 10:10 p.m.
SPECIAL MEETING
AUGUST 19, 2003
FAYETTEVILLE CITY COUNCIL
SPECIAL MEETING
LAFAYETTE ROOM, CITY HALL
AUGUST 19, 2003
6:00 P.M.
Present:	Mayor Marshall B. Pitts, Jr.
Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Mark C. Kendrick (District 6); Juanita Gonzalez (District 8)
Absent:	Lois A. Kirby (District 5); Curtis Worthy (District 7); Anne Fogleman (District 9)
Others Present:	Karen M. McDonald, City Attorney
			Peg Carlson, Facilitator
	The Council members and staff had dinner prior to the opening of the meeting.
	The meeting was called to order at 6:30 p.m.
1.	Approval of Agenda
MOTION:	Council Member Massey moved to approve the agenda.
SECOND:	Council Member Smith
VOTE:	UNANIMOUS (6-0)
2.	Consent
MOTION:	Council Member Massey moved to approve the consent agenda.
SECOND:	Council Member Gonzalez
VOTE:	UNANIMOUS (7-0)
	The following item was approved:
A.	Approve request from UMOJA Committee for special signage to advertise the UMOJA Festival on Saturday , August 23, 2003.
3.	Closed session to evaluate the City Attorney.
MOTION:	Council Member Massey moved to go into closed session for personnel matters, the evaluation of the City Attorney.
SECOND:	Council Member Smith
VOTE:	UNANIMOUS (7-0)
	The closed session began at 6:31 p.m. and ended at 8:34 p.m.
MOTION:	Mayor Pro Tem Kendrick moved to resume the regular session.
SECOND:	Council Member Massey
VOTE:	UNANIMOUS (7-0)
	The special meeting resumed at 8:35 p.m.
MOTION:	Mayor Pro Tem Kendrick moved to adjourn the meeting.
SECOND:	Council Member Massey
VOTE:	UNANIMOUS (7-0)
	The meeting adjourned at 8:36 p.m.
REGULAR MEETING
AUGUST 25, 2003
FAYETTEVILLE CITY COUNCIL
REGULAR MEETING
CITY HALL COUNCIL CHAMBER
AUGUST 25, 2003
7:00 P.M.
Present:	Mayor Marshall B. Pitts, Jr.
Council Members James K. Keefe (District 1); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Anne Fogleman (District 9)
Absent:	Mable C. Smith (District 2); Lois A. Kirby (District 5)
Others Present:	Roger L. Stancil, City Manager
			Karen M. McDonald, City Attorney
			Tiffanie W. Sneed, Assistant City Attorney
			Lisa Smith, Chief Financial Officer
			Jimmy Teal, Chief Planning Officer
			Frank Simpson, Inspections Director
			Victor Sharpe, Interim Community Development Director
			Dwight Miller, PWC Chief Financial Officer
			Kenny Horne, PWC Purchasing Agent
			Jason Brady, Public Information Officer
			Janet C. Jones, City Clerk
			Members of the Press
INVOCATION - PLEDGE OF ALLEGIANCE
	The invocation was offered by Reverend Keith Rhudy, Calvary Freewill Baptist Church, followed by Boy Scout Troup 752, Mount Olive Missionary Baptist Church, leading in the Pledge of Allegiance to the American Flag.
MAYOR’S ANNOUNCEMENTS:
1.	Special Events
	Mayor Pitts reviewed the upcoming special events.
1.	APPROVAL OF AGENDA
	City Manager Roger Stancil requested to add the Senior Citizens Advisory Commission vacancies to Item 12, and to delete Item 14, consider closed session to discuss economic development.
MOTION:	Council Member Massey moved to approve the agenda with the changes.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (8-0)
2.	PUBLIC FORUM:
	Ms. Patricia Carter, 717 Cheer Lane, Fayetteville, NC, stated Cheer Lane was a dirt street between Italy and Ellis Streets that was privately owned.  She inquired what right did a contractor have insofar as public access to private property.  Ms. Carter stated she wanted the construction which was being done stopped, a permit to have the property fenced, and Cheer Lane to be made into either a cul-de-sac or a dead-end street.
	Mr. Jose I. Cardona, 7018 Kittridge Drive, Fayetteville, NC, addressed the issues of a letter written by a citizen, which referred to him.  He also discussed the Airborne Museum, the Festival of Flight, and the use of property that was formerly the USO building on Ray Avenue.
	Ms. Doris Maxine Lee, 6234 Smithfield Road, Fayetteville, NC, requested that she be allowed to have a Christian praise parade in November or December of 2003.  Ms. Lee stated her request had been denied by the Special Events Committee and she asked the Council to overturn the decision.
	Ms. Glenda McFadden inquired what needed to be done in order to have the parade.
	Mr. Andy Anderson, 1517 Hope Mills Road, Fayetteville, NC, addressed the Council regarding mosquito spraying, the City budget, water restriction, location of the fire department in his area, lack of streetlights, sidewalks, and sewers in an area that had been annexed into the City for 90 days.  Mr. Anderson suggested the City build things that would not cost the citizens and to do other projects that would generate income.  He suggested paddleboats, bike trails, and horseback riding.
3.	CONSENT:
	Mayor Pitts requested to pull Item 3.E.3. for discussion.
MOTION:	Council Member Fogleman moved to approve the consent agenda with the exception of Item 3.E.3.
SECOND:	Council Member Massey
VOTE:	UNANIMOUS (8-0)
	The following items were approved:
A.	Approve minutes:
1.	Regular meeting of August 11, 2003.
B.	Approve the following Airport matters:
1.	Federal Aviation Grant for 2003, land acquisition, master plan, obstruction removal design, handicap lift device, and snow plows.
2.	Capital Project Ordinance 2004-1 (land acquisition, master plan, obstruction removal design, handicap lift device, and snow plows).
	Approval by City Council of the capital project ordinance for this grant in the amount of $1,613,242.00.  The source of funds for this project is the FAA grant ($1,451,918.00), a grant from the North Carolina Department of Transportation ($80,662.00), and a transfer from the Airport Fund ($80,662.00).  Approval of the ordinance is required to proceed with the project.
3.	Contract with HNTB:
A.	Task Order #12 - Obstruction Clearing Design.
B.	Task Order #14 - DBE Compliance.
C.	Task Order #13 - Master Plan Study
C.	Approve the following financial matters:
1.	Special Revenue Fund Project Ordinance Amendment 2004-3 (Utilize Federal Forfeiture and Controlled Substance Funds for FY 2004 Public Safety Efforts).
	The City of Fayetteville received Federal Forfeiture and North Carolina Controlled Substance Tax funds and earned interest income on those funds totaling $302,055.00 that were available for appropriation.  The funds can only be used to enhance public safety efforts in the Police Department.  The Police Department must obtain the City Manager’s approval prior to the expenditure of these funds.  This ordinance amendment would establish the appropriation of these funds.
2.	Special Revenue Fund Project Ordinance 2004-2 (DWI Checkpoint Program).
	The City of Fayetteville was awarded $4,350.00 from the Governor’s Highway Safety Program for the Fayetteville Police Department DWI Checkpoint Program.  The funds are for the purchase of Portable Lighting Towers and Visibility Vests to be used in DWI enforcement activities.  No local funds were required for this project.
3.	Resolution for 2003 Local Law Enforcement Block Grant.
	This is a block grant form the USDOJ Bureau of Justice Assistance that the Police Department receives each year that provides 90 percent federal funding and required a 10 percent match.  This year the federal portion was $112,037.00.  The local match was $12,449.00.  The grant will be used to purchase/upgrade technology for the Police Department.
LOCAL GOVERNMENT RESOLUTION.  RESOLUTION NO. R2003-069.
D.	Approve the following property transactions:
1.	Advertise offer to purchase excess City property by Clegg's Termite & Pest Control Company.
2.	Tri-party Agreement for Fire Station 5.
3.	Office Space Lease Agreement – J. Smith Lanier & Co. (JSL Administrators). (PWC)
4.	Office Space Lease Agreement – Olde Fayetteville Insurance and Financial Services, Inc. (PWC)
E.	Adopt demolition ordinances for the following properties:
1.	222 South Plymouth Street, PIN 0446-69-5751, Owner:  Joe Louis Burns
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. NS2003-008.
2.	1802 Powell Street, PIN 0436-14-7630, Owner:  Benner Jones, III
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. NS2003-009.
3.	Pulled for discussion by Mayor Pitts.
F.	Adopt resolution approving Municipal Agreement with N.C. DOT for roadway improvements on NC 53 Cedar Creek Road.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE FOR ROADWAY IMPROVEMENTS ON NC 53 CEDAR CREEK ROAD.  RESOLUTION NO. R2003-070.
E.3.	315 Old Wilmington Road, PIN 0437-81-4300, Owner:  Shiloh R. Caudle
	Mayor Pitts requested a report on what happened with this property owner.  Mr. Frank Simpson, Inspections Director, responded the owner was only interested in selling his property and did not want to make any repairs.
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. NS2003-010.
MOTION:	Mayor Pro Tem Kendrick moved to approve.
SECOND:	Council Member Fogleman
VOTE:	UNANIMOUS (8-0)
4.	PUBLIC HEARINGS:
A.	Consider extending the corporate limits of the City of Fayetteville for a petition-initiated contiguous annexation area (located on the western side of Cedar Creek Road across from L. A. Dunham Road - Henry Clark Property).
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  Mr. Teal stated the services could be provided to the proposed annexed area without an increase in cost.  He recommended adoption of the annexation 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.  The public hearing opened and closed at 7:34 p.m.
	Mayor Pro Tem Kendrick inquired about storm drainage and Council Member Gonzalez inquired about the zoning.
	Mr. Teal responded there was no drainage problem at this location, and if the property were zoned R15, it would allow two houses.
AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (HENRY CLARK PROPERTY – CEDAR CREEK ROAD, ACROSS FROM LA DUNHAM ROAD).  ANNEXATION ORDINANCE NO. 2003-08-462.
MOTION:	Council Member Worthy moved to adopt the annexation ordinance.
SECOND:	Council Member Fogleman
VOTE:	UNANIMOUS (8-0)
B.	Consider the Order Authorizing $9,000,000.00 General Obligation Refunding Bonds.
	Ms. Lisa Smith, Chief Financial Officer, presented this item.  She recommended adoption of the order authorizing $9,000,000.00 General Obligation Refunding Bonds.
	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 7:36 p.m.
MOTION:	Council Member Fogleman moved to approve.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (8-0)
5.	Consider the following Revenue Bond matters:
A.	Interest Rate Exchange Agreement (Swap) Policy.
	Mr. Dwight Miller, PWC Chief Financial Officer, presented a plan of the finance overview for the Series 2003A and 2003B Bonds.  Mr. Miller reviewed the financing components, the goals and objectives of the financing, the structure of the financing, future concerns and future actions.
	He recommended approval of the agreement.
MOTION:	Council Member Fogleman moved to approve.
SECOND:	Council Member Massey
VOTE:	UNANIMOUS (8-0)
B.	Resolution approving the Financing Team for and making the findings and determinations required by the North Carolina Local Government Commission with respect to the issuance of Public Works Commission Variable Rate Revenue and Revenue Refunding Bonds, Series 2003A, and Public Works Commission Variable Rate Revenue Refunding Bonds, Series 2003B, of said City, and requesting the North Carolina Local Government Commission to sell said bonds by negotiated sale.
	Ms. Lisa Smith, Chief Financial Officer, presented this item.  Ms. Smith stated there were two components that made the approval of this resolution necessary.  One was the naming of the liquidity provider and the liquidity underwriter and the other was to authorize an interest cap rate of 6 percent for a portion of the bonds.
	Council Member Keefe inquired why the players were being changed.  Ms. Smith responded the players were not changing but the liquidity providers were an unknown entity until the final part of the process.
RESOLUTION APPROVING THE FINANCING TEAM FOR AND MAKING THE FINDINGS AND DETERMINATIONS REQUIRED BY THE NORTH CAROLINA LOCAL GOVERNMENT COMMISSION WITH RESPECT TO THE ISSUANCE OF PUBLIC WORKS COMMISSION VARIABLE RATE REVENUE AND REVENUE REFUNDING BONDS, SERIES 2003A, AND PUBLIC WORKS COMMISSION VARIABLE RATE REVENUE REFUNDING BONDS, SERIES 2003B, OF SAID CITY, AND REQUESTING THE NORTH CAROLINA LOCAL GOVERNMENT COMMISSION TO SELL SAID BONDS BY NEGOTIATED SALE.  RESOLUTION NO. R2003-071.
MOTION:	Council Member Fogleman moved to approve.
SECOND:	Council Member Massey
VOTE:	UNANIMOUS (8-0)
C.	Bond Orders:
1.	Bond order authorizing and securing City of Fayetteville, North Carolina, Public Works Commission Variable Rate Revenue and Revenue Refunding Bonds, Series 2003A.
MOTION:	Council Member Worthy moved to adopt the bond order.
SECOND:	Council Member Massey
VOTE:	UNANIMOUS (8-0)
2.	Bond order authorizing and securing City of Fayetteville, North Carolina, Public Works Commission Variable Rate Revenue Refunding Bonds, Series 2003B.
MOTION:	Council Member Massey moved to adopt the bond order.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (8-0)
6.	Consider bid award for Fayetteville Annexation Phase IV-B, Section I, Lafayette Village Sanitary Sewer and Water System Improvements, to ES&J Enterprises in the amount of $1,788,676.50.
	Mr. Kenny Horne, PWC Purchasing Agent, presented this item.  Mr. Horne recommended awarding the contract to the lowest bidder ES&J Enterprises in the amount of $1,788,676.50.
	Bids were received as follows:
	ES&J Enterprises (Autryville, NC)	$1,788,676.50
	T.A. Loving Company (Goldsboro, NC)	$2,002,637.00
	Billy Bill Grading, Inc. (Fayetteville, NC)	$2,095,552.00
	State Utility Contractors, Inc. (Monroe, NC)	$2,833,193.00
MOTION:	Mayor Pro Tem Kendrick moved to authorize the award of the contract.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (8-0)
	Council Member Worthy inquired when the project would start.  Mr. Horne responded he thought it would be in three to four weeks.
7.	Consider Lease Agreement with Vision Resource Center for space in Lion’s Center on Rowan Street.
	Mr. Robert Barefoot, Chief Officer for Engineering and Maintenance, presented this item.  Mr. Barefoot stated the recommended partnership would not require relocation of existing programs, no name change, and the Vision Resource Center would pay $500.00 per month in rent.  He requested the Council authorize the City Manager to enter into an agreement with the Vision Resource Center.  Mr. Barefoot stated there was no opposition to this proposal.
MOTION:	Council Member Fogleman moved to approve.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (8-0)
8.	Report from Development Committee:
A.	Discussion of Historic Resources Commission guidelines and criteria.
	Council Member Worthy, Chairman, reported that the Committee had agreed the Cumberland County Business Counsel should coordinate efforts on future downtown projects.  He also reported that federal regulations, which had been placed on First Citizens Bank, had caused the project to fail and it was not the result of the Historic Resources’ guidelines.
B.	Discussion of Cottonade Lake.
	Council Member Worthy stated a report would be back on this item in 60 days and not 30 as reflected in the minutes.
C.	Discussion of proposed Sidewalk Plan.
	Council Member Worthy recommended the Council approve the sidewalk plan with the addition of the gateways.
MOTION:	Council Member Worthy moved to adopt the sidewalk plan with the addition of the gateways.
SECOND:	Mayor Pro Tem Kendrick
	Council Member Keefe expressed his desire that the Council stand firm on developers being required to build sidewalks in their projects.
VOTE:	UNANIMOUS (8-0)
D.	Discussion of downtown development.
	Council Member Worthy stated the Capitol Project had been delayed due to lack of funding and Dr. Henderson was still working on the project and was not going to let it die.  Mr. Worthy stated there would not be any high-rise condominiums.
E.	Discussion of revisions to MWBE Plan.
	City Manager Roger Stancil reported there was no resolution at this time because the approval of the Council was necessary.  He stated the resolution with the plan as an administrative procedure as recommended by Ms. Strickland, the MWBE Coordinator for the City and PWC, would be brought back to the Council for final approval.  Mr. Stancil reported the federal and state laws already in place would be used as guidelines.
MOTION:	Council Member Worthy moved to approve.
SECOND:	Mayor Pro Tem Kendrick
VOTE:	UNANIMOUS (8-0)
9.	Update on drainage concerns related to recent rains.
	Council Member Keefe asked for information on how the storm water fees were being used.
	City Manager Roger Stancil stated that in 1995 a federal unfunded mandate had been issued and the storm water program had been set up as a joint venture between the City and the County with an ordinance being adopted and the fee being set at $12.00.
	Mr. Stancil explained the current ordinance only authorizes the fees (1) to be used to satisfy storm water quality activities related to the NPDES environmental permit and (2) to do minor maintenance of existing drainage systems with a project limit of $50,000.00.  The ordinance does not authorize or allow revenues received from storm water fees to be directly used to make improvements to reduce or eliminate flooding or to deal with other storm water quantity issues.
	Mr. Stancil stated thought needed to be given to what the Council would like to do with the storm water program.  He stated major projects needed to be done and this would probably require the issuance of bonds with the storm water fees paying the money back.  He also stated another option would be to set urban standards.
	Mr. Stancil advised the Council that the major issues needed to be defined and they did not have to be combined.  He stated there were problems because of inadequate County standards and standards must be set to deal with those problems.
	Council Member Fogleman stated she would like to see the City take a proactive approach to future development and set standards, and she would also like to see pervious surfaces used rather than dealing with runoff.
	Council Member Worthy inquired what would be the first step the City needed to take to break away from the County.
	Mr. Stancil replied the City could either separate from the County or test the water and work on changing the ordinance.  He stated the City could establish its own storm water utility and if the Council were interested, he would research the issue and come back with more information.
	A discussion was held regarding the funding of a City utility and the issue of whether the County could still charge the City residents an additional fee if the City formed its own utility.
MOTION:	Council Member Worthy moved to authorize the City Manager to come back with recommendations for a storm water project for the City of Fayetteville.
SECOND:	Mayor Pro Tem Kendrick
VOTE:	UNANIMOUS (8-0)
10.	Update on HOPE VI project.
	Mr. Victor Sharpe, Interim Community Development Director, presented this item.  He stated that over the last three years the Community Development Department had been in discussions with the Fayetteville Metropolitan Housing Authority regarding Hope VI grant opportunities, and the Housing Authority had cited numerous reasons for not pursuing the grant.  Mr. Sharpe stated that one of the reasons was their objection to demolishing Groveview Terrace because of the funds that had been invested in the project and they did not think it would qualify as a severely distressed public housing project.
	Mr. Sharpe explained that there was only one round of approved funding left for the Hope VI program and the application process was lengthy and required the hiring of a consultant.  He also explained that the Housing Authority was the only entity that could apply for the funds, and the City had no standing.
	A discussion ensued regarding the enlargement of the membership of the Housing Authority, and the possibility of the Council meeting with the Authority for discussion of the issues involved.
	Mr. Sharpe stated timing was of the essence and there was only one year of funding left and at this time there was no good option to address the current situation.  He explained there were other things the City could do to address future needs such as the City managing the Housing Authority or the City could manage the Authority’s budget.
	Further discussion was held regarding the requirement that a plan be in effect, the need for public participation, and the need to hire a consultant.  Mr. Sharpe pointed out time constraints would be prohibitive to making a timely application for the remaining funds.  Mr. Sharpe also pointed out there was concern about the City having a competitive application because Groveview Terrace was in good repair.
	Mr. Stancil advised the Council that the Hope VI funds are currently being used for the war efforts and the other applications that had been approved for funding had been submitted for a decade.
	Mayor Pitts suggested that the Council needed to talk to the Housing Authority in order to determine where to go from here.
MOTION:	Council Member Fogleman moved to set a special meeting with the Housing Authority.
SECOND:	Council Member Haire
VOTE:	PASSED by a vote of 7 in favor to 1 in opposition (Council Member Worthy)
11.	Consider change of date for City Manager Evaluation.
MOTION:	Council Member Keefe moved to set the City Manager’s evaluation for September 15, 2003, at 6:00 p.m.
SECOND:	Council Member Massey
VOTE:	UNANIMOUS (8-0)
12.	BOARDS AND COMMISSIONS:
A.	NOMINATIONS
1.	Board of Appeals - 1 vacancy - 1 nomination needed - No nominations made
	Mr. John Fields was nominated by Council Member Keefe.
2.	Board of Adjustment - 5 vacancies (3 regulars and 2 alternates) - 5 nominations made
	No nominations were made.
3.	Senior Citizens Advisory Commission – 2 vacancies – 2 nominations needed
	Ms. Judy Dawkins was nominated by Council Member Gonzalez.
13.	ADMINISTRATIVE REPORTS
A.	Update on contract with Cumberland County Business Council.
14.	Consider closed session to discuss economic development.
	This item was deleted from the agenda.
INFORMATION ITEMS:
1.	Update on transfer of USO property.
2.	Statement of taxes collected for the month of July 2003 from the Cumberland County Tax Administrator.
2003 Taxes	$104,176.52
2003 Vehicle Taxes	165,417.13
2003 Revit	483.07
2003 Vehicle Revit	157.62
2003 FVT	18,832.52
2003 Storm Water	6,076.89
2002 Taxes	$81,477.97
2002 Vehicle Taxes	112,778.79
2002 Revit	18.69
2002 Vehicle Revit	72.11
2002 FVT	13,611.73
2002 Storm Water	5,052.75
2001 Taxes	14,317.13
2001 Vehicle Taxes	3,309.46
2001 Revit	0.00
2001 Vehicle Revit	0.00
2001 FVT	555.20
2001 Storm Water	934.96
2000 Taxes	5,627.89
2000 Vehicle Taxes	1,088.51
2000 Revit	0.00
2000 Vehicle Revit	0.00
2000 FVT	241.72
2000 Storm Water	282.79
1999 and Prior Taxes	5,283.15
1999 and Prior Vehicle Taxes	2,176.06
1999 and Prior Revit	0.00
1999 and Prior Vehicle Revit	0.00
1999 and Prior FVT	498.17
1999 and Prior Storm Water	672.35
Interest	18,813.06
Interest (Revit)	8.20
Interest (Storm Water)	899.52
Fayetteville Discount (Current)	0.00
Fayetteville Discount (Revit)	0.00
Total Collections	$562,863.96
3.	Police Department – Report for month of July 2003 from the Office of Professional Standards and Inspections.
4.	PWC – minutes of July 9 2003.
5.	FACVB – minutes of May 8, 2003.
MOTION:	Council Member Fogleman moved to adjourn the meeting.
SECOND:	Council Member Massey
VOTE:	UNANIMOUS (8-0)
	The meeting adjourned at 8:55 p.m.
REGULAR MEETING
SEPTEMBER 8, 2003
FAYETTEVILLE CITY COUNCIL
REGULAR MEETING
CITY HALL COUNCIL CHAMBER
SEPTEMBER 8, 2003
7:00 P.M.
Present:	Mayor Marshall B. Pitts, Jr.
Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois A. Kirby (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Anne Fogleman (District 9)
Others Present:	Roger L. Stancil, City Manager
			Karen M. McDonald, City Attorney
			Lisa Smith, Chief Financial Officer
			Jimmy Teal, Chief Planning Officer
			Wilson Lacy, Public Works Commission
			Jason Brady, Public Information Officer
			Janet C. Jones, City Clerk
			Members of the Press
INVOCATION - PLEDGE OF ALLEGIANCE
	The invocation was offered by Council Member Keefe, followed by members of Webelos Pack 573 and Boy Scout Troop 573, Riley Road Presbyterian Church, leading in the Pledge of Allegiance to the American Flag.
MAYOR’S ANNOUNCEMENTS:
1.	Special Events
	Mayor Pitts reviewed the Special Events calendar.
1.	APPROVAL OF AGENDA
	City Manager Roger Stancil presented the revised agenda which added the annexation issue for approval by the Council.
MOTION:	Council Member Smith moved to approve the agenda.
SECOND:	Council Member Kirby
VOTE:	UNANIMOUS (10-0)
2.	CONSENT:
	Council Member Gonzalez requested to pull Item 2.C.4. for discussion.
MOTION:	Council Member Fogleman moved to approve the consent agenda with the exception of Item 2.C.4.
SECOND:	Council Member Massey
VOTE:	UNANIMOUS (10-0)
	The following items were approved:
A.	Approve minutes:
1.	Regular meeting of August 25, 2003.
B.	Approve tax refunds in excess of $100.00.
	Name	Year	Basis	City Refund
	Forever Young Child Care	1999-2001	Corrected Assessment	$544.98
	  Center
	Embroidery Designs	2002	Corrected Assessment	100.76
	Montaldo, Philip and wife	1998-2002	Corrected Assessment	 166.26
	Total			$812.00
C.	Approve the following financial matters:
1.	Budget Ordinance Amendment 2004-2 (Engineering and Maintenance Equipment).
	During fiscal year 2003, the Engineering and Maintenance Department entered into landscape maintenance agreements with the PWC and Airport.  The one-calendar-year agreement with the PWC was for the maintenance of the Cross Creek Reclamation facility, for which the Department would receive $37,647.00.  The agreement with the Airport was for landscaping outside the fenced/secured areas, for which the Department received $43,786.00 in FY 2003 and would receive $6,556.00 in FY 2004.  The Department would like to appropriate 100 percent of these funds, $87,989.00 to purchase equipment.
2.	Special Revenue Ordinance Closeout 2004-1 (1998 Local Law Enforcement Block Grant).
	The 1998 Local Law Enforcement Block Grant was awarded to the Police Department by the U.S. Department of Justice for sports equipment purchases in support of the Fayetteville Police Department’s Youth Advocacy Program, purchases of computer servers for the training facility, and the purchase of editing equipment.  All revenues and expenditures for this project have been audited and the project is ready for closure.
3.	Special Revenue Ordinance 2004-3 (2004 Community Prosecution and Project Safe Neighborhoods Grant).
	The City of Fayetteville has been awarded $250,000.00 from the U.S. Department of Justice for the Fayetteville Police Department’s Operation Ceasefire/Project Safe Neighborhood Program.  The program goals are to reduce gun violence by 20 percent in Cumberland County, decrease the recidivism rate among identified offenders, and to ensure that everyone living in the Fayetteville/Cumberland County area is aware of Operation Ceasefire/Project Safe Neighborhood Program.  This grant fully funds an Outreach Coordinator position and a part-time Gun Tracer position for a two-year period.  There is no local match requirement for this grant.
4.	Pulled for discussion by Council Member Gonzalez.
5.	Declaration of used air packs as surplus property, directing Fire Department to donate packs to departments requesting them with first priority to Cumberland County Fire Departments.
A RESOLUTION AUTHORIZING THE CONVEYANCE OF PERSONAL PROPERTY ITEMS TO VARIOUS FIRE DEPARTMENTS/GOVERNMENTAL AGENCIES.  RESOLUTION NO. R2003-072.
D.	P03-33F.  Approve the rezoning from R5 Residential District to P2 Professional District or to a more restrictive zoning classification for property located at 122 Lamon Street.  Containing .17 acres more or less and being the property of First Mortgage of North Carolina, Inc., as evidenced by deed recorded in Deed Book 0625, page 0029, Cumberland County Registry.
E.	Adopt resolution requesting the North Carolina Department of Transportation to relocate the First Presbyterian Church Historical Marker from the east side of Green Street to the west side of Green Street as recommended by the First Presbyterian Church.
A RESOLUTION OF THE FAYETTEVILLE CITY COUNCIL REQUESTING THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION TO RELOCATE THE FIRST PRESBYTERIAN CHURCH HISTORIC MARKER FROM ITS CURRENT LOCATION ON THE EAST SIDE OF GREEN STREET TO THE WEST SIDE OF GREEN STREET.  RESOLUTION NO. R2003-073.
C.4.	Resolution authorizing the City of Fayetteville to enter into an agreement with NC DOT for the FY 2003 Transit Capital and Planning Grant.
	This item was pulled for discussion by Council Member Gonzalez.  Council Member Gonzalez inquired why the City was buying three buses when the transit system was currently being studied.
	City Manager Roger Stancil explained the three buses would be replacement buses and the grant would offset the costs the City would have to pay to purchase the replacements.  Mr. Stancil recommended the grant from the NCDOT be approved.
RESOLUTION AUTHORIZING THE CITY OF FAYETTEVILLE TO ENTER INTO AN AGREEMENT WITH THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION.  RESOLUTION NO. R2003-074.
MOTION:	Council Member Worthy moved to approve.
SECOND:	Council Member Smith
VOTE:	PASSED by a vote of 9 in favor to 1 in opposition (Council Member Gonzalez)
3.	PUBLIC HEARINGS:
A.	P03-25F.  Consider the rezoning from R6 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for property located at 1805 Pamalee Drive.  Containing .61 acres more or less and being the property of William Patterson as evidenced by deed recorded in Deed Book 640, page 290, Cumberland County Registry.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  He reviewed the current zoning, the current surrounding land use, the 2010 Land Use Plan and displayed photographs of the site.
	Mr. Teal stated the Zoning Commission and the Planning staff recommended approval of rezoning to C3 Heavy Commercial District.
	This is the advertised public hearing set for this date and time.  The public hearing opened at 7:17 p.m.
	Mr. William Patterson, 719 Hilton Drive, Fayetteville, NC, stated he was the owner of the property and would like for the property to be zoned C3.
	There being no one further to speak, the public hearing closed at 7:18 p.m.
MOTION:	Council Member Fogleman moved to approve.
SECOND:	Council Member Massey
	Council Members Keefe and Gonzalez stated their opposition to the rezoning.
VOTE:	PASSED by a vote of 6 in favor to 4 in opposition (Council Members Keefe, Haire, Gonzalez and Worthy)
	Mr. Teal stated this item would need a second reading because a two-thirds vote was needed.
B.	P03-27F.  Consider the rezoning from R10 Residential District and C1P Shopping Center District to R6 Residential District or to a more restrictive zoning classification for property located in the College Lakes subdivision on Kenwood Drive.  Containing 1.55 acres more or less and being the property of Paul Thompson Development Corporation as evidenced by deed recorded in Deed Book 3099, page 0513, Cumberland County Registry.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  He reviewed the current zoning, the current land use in the area, and the 2010 Land Use Plan.  Mr. Teal stated this was a split-zoned property.  He reviewed the number of units allowed in the zoning classifications of R10, R6, and R10 and C1P.
	Mr. Teal informed the Council that a valid protest petition had been filed and it would require a three-fourths vote or eight council members voting in the affirmative to approve the rezoning request.
	Council Member Keefe inquired if based on the split zoning could the Council deny entrance onto a certain road.  Mr. Teal stated this could not be done because it would be considered contract zoning.
	This is the advertised public hearing set for this date and time.  The public hearing opened at 7:30 p.m.
	Mr. Bob Measamer, 511 Thorncliff Drive, Fayetteville, NC, withdrew his application for rezoning because of the amount of opposition he had encountered from the neighborhood.
	Mr. Mark Rohrig, 236 Kenwood Drive, Fayetteville, NC, appeared in opposition.  He addressed the issue of the correctness of parliamentary procedure used in the Zoning Commission hearing and requested that a stoplight be installed for increased traffic.  Mr. Rohrig informed the Council that a petition had been submitted with 50 signatures.
	There being no one further to speak, the public hearing closed at 7:36 p.m.
MOTION:	Council Member Keefe moved to deny the rezoning request.
SECOND:	Council Member Kirby
VOTE:	UNANIMOUS (10-0)
C.	P03-28F.  Consider the rezoning from R15 Residential District and R10 Residential District to R5 Residential District or to a more restrictive zoning classification for property located at NC 53 Hwy-Cedar Creek Road.  Containing 2.87 acres more or less and being the property of Earlise Jones as evidenced by deed recorded in Deed Book 5229, page 0466, Cumberland County Registry.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item and advised the Council that split zoning was involved.  He reviewed the current land use, the current zoning, and the 2010 Land Use Plan.  Mr. Teal advised the Council the Zoning Commission and the Planning staff had recommended R5A residential because it would provide a transition from existing and future commercial land uses to the existing low-density residential land use.  He added that part of this property abutted Cedar Creek Road and did not lend itself to low-density residential development.  Mr. Teal stated the R5A residential district would allow a maximum of 41 units.
	Mr. Teal stated there had been two appeals on this zoning case.
	This is the advertised public hearing set for this date and time.  The public hearing opened at 7:44 p.m.
	Mr. James Smith, 3527 Stedman Road, Fayetteville, NC, appeared in favor of the rezoning.  He gave a history of the property and stated he would like to develop an apartment complex because there was no place to live in this area.
	Mr. Ned Garber, Engineer, 109 S. Churchill Street, Fayetteville, NC, stated that he had been hired to look at the drainage and geometrics of the property.  He stated that it was his opinion that the R5A zoning classification would not work, and the R5 classification would be better.
	Mr. Seanpatrick Donnelly, 2528 Carriage Road, Fayetteville, NC, appeared in opposition to the rezoning.  He requested the City and State do an environmental study of the property due to the flooding issues in the area.  Mr. Donnelly stated that Mr. Smith had been required to plant a buffer of Leland Cypress trees as a part of the rezoning requirements for his mini-warehouses and it had taken him over a year to meet those requirements.  He stated Mr. Smith had been issued a citation by the City.  Mr. Donnelly requested the Council approve the rezoning to R5A, but stated that he wanted the Council to be clear and concise with Mr. Smith that he would have to put tubing down the creek behind his property and through the back of his property.
	Mr. Donnelly inquired if Mr. Smith would be able to rezone the adjacent piece of property to R5 and add it to the site for the apartments.
	Mr. Smith offered rebuttal and explained that the Leland Cypress trees had to be placed on a ditch bank and he had not thought that was a smart thing to do, but he had complied with the requirement.
	Mr. Smith stated he was aware of the drainage problems and that was why he had hired Mr. Garber.  He explained that the “creek” was not a creek, but was a ditch that had been dug in 1950 by his grandfather.  He stated he was trying to contain the drain off and move it out, and he was proposing to pipe it.
	Mr. Donnelly offered rebuttal.  He stated he agreed with the tubing in the creek, but he did not want Mr. Smith’s options to be uncertain, and he was again requesting that the City Council make it clear that Mr. Smith must lay the pipeline and it should go all the way down, and if dirt were needed that it be included also.
	There being no one further to speak, the public hearing closed at 8:00 p.m.
	Council Member Smith inquired of Mr. Smith whether he wanted R5A or R5.  Mr. Smith replied he wanted R5 because it would generate more revenue income.  He also stated he wanted to come back with the l.5 acres zoned C3 and rezone it to R5.
	Council Member Smith stated this would be a good project for Cedar Creek Road, but she wanted it made clear that if the Council supported his project, it expected Mr. Smith to do what was asked of him.
MOTION:	Council Member Smith moved to approve the R5 rezoning request.
SECOND:	Council Member Haire
	City Attorney Karen McDonald stated that all the Council was considering was the rezoning and a development plan would have to be submitted with the drainage being looked at by the Planning and Engineering staff.
	A discussion was held regarding the l.5 acres.
	City Attorney McDonald stated she wanted it to be clear that Mr. Smith would have to come back before the Council for a rezoning request on the l.5 acres.
	A discussion was held regarding the drainage.
	Mr. Teal reviewed the differences in the R5 and R5A zoning and restated that both the Zoning Commission and the Planning staff had recommended R5A because it corresponded with the Land Use Plan.
VOTE:	PASSED by a vote of 7 in favor to 3 in opposition (Council Members Gonzalez, Massey, and Fogleman)
D.	P03-29F.  Consider the rezoning from R10 Residential District to P4 Neighborhood Professional District or to a more restrictive zoning classification for property located at 5418 Morganton Road.  Containing .65 acres more or less and being the property of Jo Won Ward as evidenced by deed recorded in Deed Book 2341, page 0097, Cumberland County Registry.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  He reviewed the current land use, the current zoning, and the 2010 Land Use Plan, which recommended low-use residential density.
	Mr. Teal stated both the Zoning Commission and the Planning staff had recommended denial of the request because the area was completely residential in character and land use.
	This is the advertised public hearing set for this date and time.  The public hearing opened at 8:15 p.m.
	Mr. Tom Wills, 100 Ucklake Road, Fayetteville, NC, appeared on behalf of the property owner.  He stated businesses had been run on this property since 1985.  He stated the neighborhood supported the rezoning, and the owner planned to remove the building and build a new office.  He requested the Council to approve the rezoning request for P4.
	There being no one further to speak, the public hearing closed at 8:17 p.m.
MOTION:	Council Member Gonzalez moved to deny the request.
SECOND:	Council Member Fogleman
	Council Member Gonzalez stated the property was in her district and it was a very residential area and an office was not a good use for this area.  She requested the Council to follow the recommendations to deny the request.
	Mayor Pro Tem Kendrick stated the Land Use Plan had not been updated since 1996 and he would like for a land use study to be done on this area.
VOTE:	UNANIMOUS (10-0)
E.	P03-31F.  Consider the rezoning from R15 Residential District to R5A Residential District or to a more restrictive zoning classification for property located on Fillyaw Road.  Containing 12.31 acres more or less and being the property of Jerry D. Morrison, Nancy Holland, Doris Crites and Baxter Morrison as evidenced by deeds recorded in Deed Books 5387 and 5053, pages 0343, 0382 and 0384, Cumberland County Registry.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  He reviewed the current zoning, the current land use, and the 2010 Land Use Plan.  He also presented photographs of the area.  Mr. Teal stated both the Zoning Commission and the Planning staff recommended rezoning to R10, which would be a maximum of 71 units versus a maximum of 178 units for an R5A zoning classification.
	This is the advertised public hearing set for this date and time.  The public hearing opened at 8:27 p.m.
	Mr. Baxter Morrison, 2313 Appleberry Lane, Cumberland, NC, appeared in favor of the rezoning request.  Mr. Morrison stated he was one of the owners of the property and they had been unable to develop their land because no one wanted to build houses so close to Fort Bragg.
	Mr. Morrison stated that there would be only one entrance directly across from Bromley Drive, land would be donated to the City for a park, a buffer would be placed along Fillyaw Road and there would be a tax value of over $5 million for the City.
	He requested the Council to approve the request.
	Ms. Jackie Tuckey, 7002 Marquis Place, Fayetteville, NC, appeared in opposition to the rezoning.  She expressed her concerns about flooding due to the downhill terrain and about the storm water drain off because the creek was filling up with silt.  She also expressed her concern about the increase of traffic on Fillyaw Road.  Ms. Tuckey presented the Council with a petition with 27 signatures in opposition to the rezoning request.
	There being no one further to speak, the public hearing closed at 8:49 p.m.
	A discussion was held regarding whether the developer had worked with the neighborhood.  Mr. Morrison replied there had been no discussion but he was willing to do so.
MOTION:	Council Member Worthy moved to approve the 5A rezoning request.
SECOND:	Council Member Keefe
	Council Member Worthy stated he felt the landowner should be allowed to get the best usage of his land.
	Council Member Fogleman stated she felt the Council should follow the recommendations of the Zoning Commission and the City staff.
SUBSTITUTE MOTION:
Council Member Gonzalez moved that the parties involved talk with the community and come back to the Council in 30 days.
SECOND:	Council Member Smith
	A discussion was held regarding the substitute motion.
SUBSTITUTE MOTION VOTE:
		PASSED by a vote of 6 in favor to 4 in opposition (Council Members Keefe, Haire, Fogleman and Worthy)
	Mr. Teal stated the City staff would be available for assistance, however, they could not be mediators for a rezoning request.
4.	P03-30F.  Consider the rezoning from C1 Local Business District to C1P Shopping Center District or to a more restrictive zoning classification for property located on Horseshoe Road.  Containing 2.84 acres more or less and being the property of Showcase Realty & Construction Company as evidenced by deed recorded in Deed Book 3867, page 0126, Cumberland County Registry.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  He stated the Zoning Commission had recommended approval of the rezoning to C1P Shopping Center District, and a protest petition had been filed in this case and as a result eight affirmative votes would be needed to rezone the property.
	Mr. Teal stated the Council could approve the rezoning or set a public hearing.
MOTION:	Council Member Gonzalez moved to set a public hearing.
SECOND:	Council Member Worthy
VOTE:	PASSED by a vote of 9 in favor to 1 in opposition (Council Member Fogleman)
5.	P03-32F.  Consider the rezoning from R6 Residential District and C1P Shopping Center District to M2 Industrial District or to a more restrictive zoning classification for property located at 1122 Person Street.  Containing 23 acres more or less and being the property of Mary Bright Rose as evidenced by deed recorded in Deed Book 4858, page 0760, Cumberland County Registry.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  He reviewed the current land use, the current zoning, and the 2010 Land Use Plan.  Mr. Teal stated the Planning staff and the Zoning Commission recommended rezoning the two smaller parcels abutting Deep Creek Road C1 and the larger parcel abutting the Cape Fear River C3 as reflected in the Deep Creek Road Redevelopment Plan.
MOTION:	Council Member Keefe moved to rezone the R6 property to C1 and the C1P to C3.
SECOND:	Council Member Smith
VOTE:	UNANIMOUS (10-0)
6.	Consider adoption of a resolution stating the intent of the City of Fayetteville, NC, to consider annexation of the areas described herein and fixing the dates of public informational meetings and a public hearing on the questions of annexation.
	City Manager Roger Stancil presented this item.  He recommended the Council adopt the resolution and begin the process to consider the annexation of Phase 5, which would bring approximately 43,000 residents into the City of Fayetteville, thereby making the City eligible for more grants and funding dollars.
RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE, NC, TO CONSIDER ANNEXATION OF THE AREAS DESCRIBED HEREIN AND FIXING THE DATES OF PUBLIC INFORMATIONAL MEETINGS AND A PUBLIC HEARING ON THE QUESTIONS OF ANNEXATION.  RESOLUTION NO. R2003-075.
MOTION:	Council Member Worthy moved to adopt the Resolution of Intent.
SECOND:	Council Member Keefe
VOTE:	PASSED by a vote of 9 in favor to 1 in opposition (Council Member Gonzalez)
7.	Presentation by Allison Platt and Associates of study results and downtown development recommendations.
	Mr. William A. Martin, President of the Downtown Development Corporation of Fayetteville, introduced Ms. Allison Platt of Allison Platt and Associates to present the study results and recommendations for downtown development.
	Ms. Platt stated the purpose of the study had been to select and test specific projects and create plans and proformas so these projects could be implemented.  She reviewed the existing strengths of both the downtown area and the City of Fayetteville as a whole.
	Ms Platt stated the existing issues were the location of downtown and the downtown retail and residential status.  She reported the downtown issues consisted of vacant storefronts and upper floors and the need for residential housing in the downtown area.
	Ms. Platt stated the Market Studies for retail and residential were complete and the following findings had been made:
1.	Housing:  (1) although the Citywide market was stable, the downtown market was weak, (2) new housing would need incentives in order to encourage investment, and (3) value pricing would help attract early investors.
2.	Retail:  (1) more than 50 percent of the downtown storefront space was vacant, (2) the mix of uses was not optimal, (3) downtown cannot compete with the malls, and (4) uses needed to shift from traditional retail to entertainment such as restaurants, arts, and specialty retail.
	Ms. Platt recommended developing the following projects:
1.	Housing in the Cool Spring area.
2.	A family-oriented entertainment complex at the Capital Building.
3.	Housing and retail on the south side of the 300 block of Hay Street.
4.	A performing arts center located on the Cross Creek rather than the 300 block of Hay Street.
	Ms. Platt further recommended that a master plan for development along Cross Creek from Festival Park to the Botanical Gardens would identify properties that could be developed.  She recommended that all parties involved in the process, including the City, economic development interests, historic preservation interests, and the public should create an orderly process and agreed upon set of standards for offering input and giving approvals.
	A discussion ensued regarding the Capital entertainment project, the housing projects, and the status of the study’s time frame.  Ms. Platt offered to help make contacts for the Capital entertainment project.
	Ms. Pratt stated proformers needed to be done to determine the land cost, the construction cost, the design fees and the cost of the projects, and she should have these figures done within the next month for review and then the report could be presented to the Council in about 60 days.
8.	Monthly Commissioner Report from Public Works Commission.
	Mr. Wilson Lacy, a member of the Public Works Commission, presented this item.  He reviewed the written report and pointed out that the revenue Bonds would be closing out at the end of the week.  Mr. Lacy informed the Council that there would be no fuel adjustment for business and residential power bills for the month of September 2003.
9.	Consider a resolution providing for the issuance of $8,740,000.00 General Obligation Refunding Bonds, Series 2003.
	Ms. Lisa Smith, Chief Financial Officer, presented this item.  She recommended the adoption of the resolution.
RESOLUTION PROVIDING FOR THE ISSUANCE OF $8,740,000.00 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2003.  RESOLUTION NO. R2003-076.
MOTION:	Council Member Worthy moved to adopt the resolution for the issuance of $8,740,000.00 General Obligation Refunding Bonds.
SECOND:	Council Member Smith
VOTE:	UNANIMOUS (10-0)
10.	Consider items for referral to the City-County Liaison Committee (meeting to be held September 25, 2003).
	Council Member Haire requested to refer gateway improvements to the Committee.  Council Member Keefe stated this could be covered under the discussion of extra territorial jurisdiction.
	Mr. Stancil reminded the Council that the Joint Planning Appearance Commission was being organized and would be studying the gateway plans.
	Mayor Pitts stated he would like for the County Commissioners and the City Council to meet with each other a couple of times each year.  He stated he would be doing a letter to the County regarding this issue.
	Council Member Smith reminded the Council that the agenda for the City-County Liaison meeting on September 25 already had 13 items and  she felt that any additional items would not get addressed at the meeting.
11.	Consider canceling the October 13 Council meeting due to NCLM Convention.
MOTION:	Council Member Fogleman moved to cancel the October 13, 2003, City Council meeting.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (10-0)
12.	BOARDS AND COMMISSIONS:
A.	Appointments
1.	Board of Appeals - 1 vacancy - 1 nomination made
	Mr. John Fields was appointed to a first term by acclamation.
2.	Board of Adjustment - 5 vacancies (3 regulars and 2 alternates) - 5 nominations made
	Ms. Alicia J. Chilsolm, Mr. David T. Courie, and Mr. Tom Keith were appointed to regular member positions.
	Ms. Annette Smith and Mr. David Zuravel were appointed as alternates.
B.	Nominations
1.	Senior Citizens Advisory Commission - 2 vacancies - 1 nomination made - 1 nomination needed
	Mr. Robert Pringle was nominated for reappointment by Council Member Massey.
C.	Information:  October Vacancies
1.	Parks and Recreation Advisory Commission - 7 vacancies
2.	Wrecker Review Board - 1 Chairman vacancy - 1 nomination needed
3.	Historic Resources Commission - 6 vacancies - 4 at-large vacancies, 1 Category 1 vacancy (Licensed Registered Architect), and 1 Category 2 vacancy (Historic Preservationists or Cultural or Social Historian)
13.	ADMINISTRATIVE REPORTS:
A.	Update on Council projects.
14.	Consider closed session.
MOTION:	Council Member Smith moved to go into closed session to discuss economic development.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (10-0)
	The Council went into closed session at 10:12 p.m.  The regular session resumed at 10:22 p.m.
MOTION:	Council Member Smith moved to come out of closed session.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (10-0)
INFORMATION ITEMS:
1.	Information from Chamber of Commerce Transportation Committee regarding a trolley service.
2.	Thank you note from Spring Lake Mayor Ethel Clark.
3.	Approve tax refunds less than $100.00.
	Name	Year	Basis	City Refund
	Gschwind, Kyong Ok	2002	Corrected Assessment	$ 3.48
	Taylor, Melinda and	2003	Corrected Assessment	 17.15
	Total			$20.63
4.	Airport Commission – minutes of July 29, 2003.
5.	FAEDC – minutes of July 15, 2003.
6.	CCBC – minutes of July 30 and August 13, 2003.
7.	PWC – minutes of August 13, 2003.
8.	Planning Department – monthly reports for June and July.
MOTION:	Council Member Massey moved to adjourn the meeting.
SECOND:	Council Member Haire
VOTE:	UNANIMOUS (10-0)
	The meeting adjourned at 10:25 p.m.
SPECIAL MEETING
SEPTEMBER 15, 2003
FAYETTEVILLE CITY COUNCIL
SPECIAL MEETING
LAFAYETTE ROOM, CITY HALL
SEPTEMBER 15, 2003
6:00 P.M.
Present:	Mayor Marshall B. Pitts, Jr.
Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Anne Fogleman (District 9)
Absent:	Lois A. Kirby (District 5)
Others Present:	Roger L. Stancil, City Manager
			Peg Carlson, Facilitator
1.	Approval of Agenda
MOTION:	Council Member Massey moved to approve the agenda.
SECOND:	Council Member Haire
VOTE:	UNANIMOUS
2.	Closed session to evaluate City Manager.
MOTION:	Council Member Massey moved to convene into executive session for personnel matters, the evaluation of the City Manager.
SECOND:	Council Member Smith
VOTE:	UNANIMOUS
	The meeting adjourned at 8:45 p.m.
REGULAR MEETING
SEPTEMBER 22, 2003
FAYETTEVILLE CITY COUNCIL
REGULAR MEETING
CITY HALL COUNCIL CHAMBER
SEPTEMBER 22, 2003
7:00 P.M.
Present:	Mayor Marshall B. Pitts, Jr.
Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois A. Kirby (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Anne Fogleman (District 9)
Others Present:	Roger L. Stancil, City Manager
			Karen M. McDonald, City Attorney
			Tiffanie W. Sneed, Assistant City Attorney
			Jimmy Teal, Chief Planning Officer
			Bruce Daws, Historic Properties Manager
			Tom McNeill, PWC Director of Business, Planning, and Development
			Jason Brady, Public Information Officer
			Janet C. Jones, City Clerk
			Members of the Press
INVOCATION - PLEDGE OF ALLEGIANCE
	The invocation was offered by Council Member Haire, followed by Mayor Pitts leading in the Pledge of Allegiance to the American Flag.
MAYOR'S ANNOUNCEMENTS:
1.	Special Events
	City Manager Roger Stancil reviewed the special events calendar for the months of September and October 2003.
	Mayor Pitts presented Mr. Ron McElrath, Human Relations Director, Mr. Raymond Shipman, President of the NAACP, and the Human Relations Commission members with a Proclamation declaring the week of September 29 through October 4, 2003, as Race Equality Week.  He called upon all citizens to reaffirm their commitment to ensuring racial equality and justice in the City of Fayetteville.
1.	APPROVAL OF AGENDA
	City Manager Roger Stancil requested to add Item 3.G, discussion of the Chamber of Commerce’s request to use the Council Chamber for a Candidates Forum on October 16 and 21, 2003, to the consent agenda.
	Mr. Stancil requested to add Item 5.A., discussion of Hurricane Isabel debris cleanup, as requested by Council Member Keefe, and Item 13.B., closed session to discuss economic development, personnel matters, and a consultation with the City Attorney, to the agenda.
MOTION:	Council Member Worthy moved to approve the amended agenda.
SECOND:	Council Member Massey
VOTE:	UNANIMOUS (10-0)
2.	PUBLIC FORUM:
	Mr. Jose Cardona, 7018 Kittridge Drive, Fayetteville, NC, requested the Council consider annexing Fort Bragg and Pope Air Force Base rather than the newly proposed area with 43,000 citizens.
	Mr. Bobby Gleaton, 6852 Uppingham Road, Fayetteville, NC, President of and a representative of Gates Four Homeowners Association, stated his opposition to the proposed annexation.  He introduced Mr. Mike Molin, Secretary of the Gates Four Homeowners Association, 6824 Uppingham Road, Fayetteville, NC.
	Mr. Molin stated he was also speaking on behalf of the Homeowners Association, and Gates Four considered itself a part of the Town of Hope Mills and would prefer to be annexed by Hope Mills rather than the City of Fayetteville if it had to be annexed.  He stated Hope Mills was closer, their children attended Hope Mills’ schools, and they were involved in the Hope Mills community.  He requested the agreement between the City of Fayetteville and the Town of Hope Mills be amended to reflect a change in the boundary that would enable Gates Four to become a part of Hope Mills rather than the City of Fayetteville.
	Mr. Stephen Sanders, 1745 Daisy Lane, Fayetteville, NC, appeared in opposition to the proposed annexation of his area.  He expressed his concerns over the citizens not having any say in the annexation, the lack of benefits which would be received by the citizens, the lack of a vote by the citizens in the upcoming election, the effects on the relationship between the City of Fayetteville and the County of Cumberland which would be detrimental to the citizens, how was the City going to pay for the annexation and how long would the City be in debt.
	Mr. Leroy Wise, Jr., 3312 Morganton Road, Fayetteville, NC, presented the Council with a petition requesting the following:  (1) the installation of a traffic signal at the intersection of Morganton Road and Northview Drive, (2) the installation of a traffic signal at the intersection of Morganton Road and St. Mary’s Place, and (3) a reduction in the speed limit from 45 mph to 35 mph from Dobbin Avenue to Skibo Road.
	Mr. William Patterson, 719 Hilton Drive, Fayetteville, NC, appeared in favor of the rezoning of 0.61 acres on Pamalee Drive to C3.
	Mr. Brian Irving, 1713 Veanna Drive, Fayetteville, NC, stated he was a candidate for District 3.  He expressed his opposition to annexation without a vote by the citizens.  He stated it was unfair that the public hearing had been set after the election and the vote on the annexation would be taken prior to the new candidates being sworn in.
	Mr. Clinton Harris, 4713 Watauga Road, Fayetteville, NC, expressed his concerns about the stray cats not being removed from his neighborhood, the $25,800.00 judgment which had been placed on his property by the City for yard debris, and his mistreatment by the Fayetteville Police Department.  Mr. Harris stated he had had a gentlemen’s agreement regarding the cleanup of his property and the City had not honored that agreement.  He asked the Council to give him their consideration.
3.	CONSENT:
	Mayor Pro Tem Kendrick requested to pull Item 3.B.2, resolution endorsing NCDOT improvement intersection to Raeford Road and Cambridge Drive, for discussion.
MOTION:	Mayor Pro Tem Kendrick moved to approve the consent agenda with the exception of Item 3.B.2.
SECOND:	Council Member Kirby
VOTE:	UNANIMOUS (10-0)
	The following items were approved:
A.	Approve minutes:
1.	Regular meeting of September 8, 2003.
B.	Approve the following financial matters:
1.	Offer from Clegg's Termite & Pest Control Company to purchase excess City property.
2.	Pulled for discussion by Mayor Pro Tem Kendrick.
C.	Adopt Special Revenue Fund Project Ordinance Amendment 2004-4 (Cyber Crimes Against Children Grant – Year 2).
	This amendment provides additional resources for the Cyber Crimes Against Children Program.  The source of funds is a grant from the North Carolina Department of Crime Control and Public Safety Division of Governor’s Crime Commission ($6,150.00) and a local match from the General Fund ($2,050.00).  This additional funding is for the continuation of the FY 2003 Cyber Crimes Against Children grant, a two-year grant that was approved on September 9, 2002.
D.	Set public hearing for October 27, 2003, to hear findings from the Traffic\Rail Separation Study conducted by the North Carolina Department of Transportation.
E.	Approve special permit for off-premise signs from November 24 through December 1, 2003, for the Craftsmen Christmas Festival.
F.	Award bid for Standby Power Facilities for Rockfish Creek WRF and Cross Creek WRF. (PWC)
1.	Contract 2D, Standby Power Generator and Switchgear Installation, awarded to Bryant Electric Company, Inc., low bidder, in the amount of $446,000.00 subject to approval of the N.C. Department of Environmental and Natural Resources, Division of Water Quality.
	Bids were received as follows:
	Bryant Electric Company, Inc. (Archdale, NC)	$446,000.00
	AAA Electric Company, Inc. (Garner, NC)	496,962.00
	King Electric of Fayetteville (Fayetteville, NC)	$531,500.00
	Barnes & Powell (Elm City, NC)	$553,090.00
	McCarter (Laurinburg, NC)	$582,048.00
	Via Electric (Garner, NC)	$608,689.00
	Watson Electric Construction Company (Fayetteville, NC)	$609,000.00
	Energy Erectors, Inc. (Leesburg, FL)	$659,750.00
RESOLUTION OF AWARD, CITY OF FAYETTEVILLE, NORTH CAROLINA, STANDBY POWER FACILITIES FOR ROCKFISH CREEK WRF AND CROSS CREEK WRF, CONTRACT 2D, STANDBY POWER GENERATOR INSTALLATION, STATE REVOLVING LOAN.  RESOLUTION NO. R2003-077.
2.	Contract 2E, Standby Power Generator and Switchgear, awarded to Covington Diesel, Inc., low bidder, in the amount of $740,957.00 subject to approval of the N.C. Department of Environment and Natural Resources, Division of Water Quality.
	Bids were received as follows:
	Covington Diesel, Inc. (Greensboro, NC)	$740,957.00
	Gregory Poole Equipment (Raleigh, NC)	$912,835.00
RESOLUTION OF AWARD, CITY OF FAYETTEVILLE, NORTH CAROLINA, STANDBY POWER FACILITIES FOR ROCKFISH CREEK WRF AND CROSS CREEK WRF, CONTRACT 2E, STANDBY POWER GENERATOR AND SWITCHGEAR, STATE REVOLVING LOAN.  RESOLUTION NO. R2003-078.
G.	Discussion of the Chamber of Commerce’s request to use the Council Chamber for a candidates forum on October 16 and 21, 2003.
B.2.	Resolution endorsing NCDOT improvement intersection to Raeford Road and Cambridge Drive.
	Mayor Pro Tem Kendrick pulled this item for discussion.  He expressed his concerns as to whether the recommended concrete island on Raeford Road would solve the problem at that intersection.  Mr. Kendrick reminded the Council that the intersection at Raeford Road and McPherson Church Road had a barrier like the one proposed and there were still problems at that intersection.
MOTION:	Mayor Pro Tem Kendrick moved to send this item as well as the Raeford Road/McPherson Church Road intersection to the Transportation Committee for discussion.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (10-0)
4.	PUBLIC HEARINGS:
A.	Case No. P03-30F.  Consider the rezoning from C1 Local Business District to C1P Shopping Center District or to a more restrictive zoning classification for property located on Horseshoe Road.  Containing 2.84 acres more or less and being the property of Showcase Realty & Construction Company, as evidenced by deed recorded in Deed Book 3867, page 0126, Cumberland County Registry.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  He reviewed the current zoning and the current land use, and stated the Zoning Commission and the City staff recommended C1P.  Mr. Teal stated a protest petition had been filed and it would take a vote of eight (8) to approve the rezoning request.
	This is the advertised public hearing set for this date and time.  There was no one present to speak and the public hearing opened and closed at 7:59 p.m.
	Council Member Kirby informed the Council that Mr. Mike Golden had contacted her and stated he wished to withdraw his rezoning request.
	Mr. Teal stated the Council needed to vote to deny the rezoning.
MOTION:	Council Member Kirby moved to deny the rezoning.
SECOND:	Council Member Worthy
	A discussion was held regarding the petitioner not advising the staff of his withdrawal and whether this was the proper procedure to use.
	Council Member Fogleman stated there had been a protest petition, the neighbors did not want it, and the petitioner had not appeared at the public hearing so she felt a vote should be taken.
VOTE:	PASSED by a vote of 9 in favor to 1 in opposition (Council Member Gonzalez)
B.	Consider the adoption of an ordinance designating the Brookside Cemetery on Grove Street as a historic landmark.
	Mr. Bruce Daws, Historic Properties Manager, presented this item.  Mr. Daws stated Brookside Cemetery had approximately 567 graves on the cemetery grounds which totaled 2.3 acres and was a part of the larger Cross Creek Cemetery #2 bounded by Grove Street, Ann Street, and Lamon Street.
	Mr. Daws stated Brookside Cemetery had been established in the nineteenth century for the burial of Fayetteville’s African American citizens.  He stated many of the former most prominent African American leaders of Fayetteville were buried in the Brookside Cemetery to include George Williams, Edward Evans, Dr. E. E. Smith and E. E. Miller, Sr.
	Mr. Daws advised that the State of North Carolina had approved the request that Brookside Cemetery be designated as a historic landmark.
	Ms. Michelle Michaels reviewed the history of the cemetery and recommended the Council approve the historic designation.
	This is the advertised public hearing set for this date and time.  There was no one present to speak and the public hearing opened and closed at 8:11 p.m.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE DESIGNATING THE BROOKSIDE CEMETERY, GROVE STREET, FAYETTEVILLE, NORTH CAROLINA, AS A HISTORIC LANDMARK.  ORDINANCE NO. NS2003-011.
MOTION:	Council Member Smith moved to follow the recommendation and designate Brookside Cemetery as a historic landmark.
SECOND:	Council Member Massey
VOTE:	UNANIMOUS (10-0)
5.
A.	Discussion of Hurricane Isabel debris cleanup.
	Council Member Keefe stated he was concerned the citizens did not have the necessary information available to them to get their debris cleaned up.  He asked Mr. Stancil to address the issue.
	Mr. Stancil stated the County had just agreed to waive fees for two weeks for the disposal of hurricane debris, and the debris would be picked up from now through October 10, 2003.  Mr. Stancil requested the citizens to containerize the leaves, not mix the leaves and limbs, and to call to schedule pickup of large limbs.
	Mr. Stancil said there would be no fee for hurricane debris, and that the tree service companies needed to haul away the trees they cut and not leave it for City pickup.
MOTION:	Council Member Keefe moved to accept the recommendation of the City Manager and to direct the City Manager to make application for FEMA funding to offset the costs.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (10-0)
B.	Case No. P03-25F.  Consider the rezoning from R6 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for property located at 1805 Pamalee Drive.  Containing .61 acres more or less and being the property of William Patterson, as evidenced by deed recorded in Deed Book 640, page 290, Cumberland County Registry.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  He stated this was a second reading and no discussion could be held and approval would require a majority vote.
MOTION:	Council Member Fogleman moved to approve the C3 rezoning.
SECOND:	Council Member Kirby
VOTE:	PASSED by a vote of 6 in favor (Council Members Smith, Pitts, Kendrick, Kirby, Massey and Fogleman) to 4 in opposition (Council Members Keefe, Haire, Gonzalez and Worthy)
6.	Consider Phase V Annexation Report.
	City Manager Roger Stancil presented the Phase V Annexation Report.  He advised the Council that the report could be amended at any time prior to the final approval of the proposed annexation project.
	Mr. Stancil began the report by reviewing the North Carolina Annexation law and the history of annexation in Cumberland County.  He informed the Council that in 1994 the County, City, and PWC had entered into a smart growth agreement which provided that PWC would build the infrastructure, the County would fund the infrastructure, and the City would prepare for annexation, and this plan would maximize on a $75 million backbone infrastructure investment.
	Mr. Stancil reviewed the areas to be included in Phase V.  He stated Phase V would include 17,889 acres, 27.88 square miles, 15,537 housing units, 194.73 miles of streets transferred from the NCDOT, a total population of 43,087, and an average of 71.01 percent of all areas would be contiguous to the City limits.
	Mr. Stancil advised five-year contracts would be executed with rural fire departments, and existing waste haulers, and special consideration would be given to issues regarding farmland.
	Mr. Stancil stated that smart growth was needed (1) to stabilize the City’s population, (2) to comply with state policy regarding service to urban areas in keeping with the state’s concern for statewide urban welfare, (3) to remain competitive for Powell Bill funding, (4) to address urban needs of drainage and street maintenance, (5) to provide a new arena for economic development, (6) to provide new jobs for soldiers and airmen who leave the military for other places, and (7) to set urban standards for future development.
	Mr. Stancil reviewed the number of additional employees which would be required to serve the proposed annexed area and presented a financial summary of the costs and funding for the proposed project.  He recommended the use of $6 million of the City’s reserve fund, Powell Bill funds, and economic development funds as funding sources.
	Mr. Stancil reviewed the process and the dates set for neighborhood meetings, the public hearing, adoption of the ordinance, and submission of the election plan to the Justice Department.  Mr. Stancil reported that the proposed effective date for the annexation was June 30, 2004.
	Mr. Tom McNeill, PWC Director of Business, Planning, and Development, reviewed the urban and rural utility needs and how those needs were being addressed.  He also reviewed the septic tank failures in the urban areas.  Mr. McNeill reported that in Annexation Phases I through IV-B 8,904 homes had been served at a cost of $88.8 million and $50 million had been invested in infrastructure outside of the corporate limits.
	Mr. McNeill stated PWC was taking a new approach on addressing the Greater Fayetteville Area’s urban utility needs.  He reported the new program would include property owner input, would provide a more cost efficient approach to providing utility services to the urban area, would target the development with the greatest needs, and would maximize the useful life of the existing septic systems.
	He explained that the standard PWC extension policy would apply to petitions for individual service and would blend urban areas having utility service with those that did not with the funding coming from assessments paid by the property owners receiving the service.
	Mr. McNeill summarized that the new plan would enable PWC (1) to address utility issues of urban and rural areas of Cumberland County, (2) to no longer subsidize future retrofit costs due to their assumption of City water and sewer debt, (3) to allow PWC’s upfront funding to be recovered through the assessment process, and (4) to avoid adverse impact on tax rates.
	Discussion was held about the proposed plan, drainage issues, septic tank failures, the increase in number of employees, the level of the City’s services, and the response time of both the police and fire departments.
MOTION:	Council Member Fogleman moved to adopt the Annexation Report.
SECOND:	Council Member Worthy
	Further discussion was held regarding the Council’s concern about whether the level of service would be the same throughout the City limits.
VOTE:	PASSED by a vote of 9 in favor to 1 in opposition (Council Member Gonzalez)
7.	Presentation of Air Quality Plan recommendations.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.   He reviewed the history of the agreement entered into by Cumberland County and the eight municipalities and the Environmental Protection Agency and the North Carolina Department of Environment and Natural Resources for early action compact regarding the attainment of air quality.
	Mr. Teal explained that the early action compact entered into in December 2002 called for specific strategies to be developed by January 31, 2004.  He reported the steering committee had developed and recommended 31 strategies.
	Mr. Teal requested that the proposed strategies be referred to the Conservation and Environment Committee for discussion and referral to the Council.
MOTION:	Mayor Pro Tem Kendrick moved to send this item to the Conservation and Environment Committee.
SECOND:	Council Member Gonzalez
VOTE:	UNANIMOUS (10-0)
8.	Consider resolution supporting Small Disadvantaged Business Enterprise Program.
	City Attorney Karen McDonald presented this item.  She informed the Council that the plan had been revised to be consistent with both state and federal law.  She recommended the Council adopt the resolution in support of the plan with the understanding that changes could be made to the plan if Council deemed it necessary.
RESOLUTION SUPPORTING SMALL DISADVANTAGED BUSINESS PROGRAM.  RESOLUTION NO. R2003-079.
MOTION:	Council Member Kirby moved to adopt the resolution.
SECOND:	Council Member Smith
	Council Member Keefe stated he had a concern that the content of the plan was so inclusive that it was exclusive.  He stated he felt the preferential consideration set out in the plan gave unfair advantage to some persons.
	City Attorney McDonald explained that the definitions used in the plan were articulated in the state and federal laws.
	Council Member Keefe stated he could not support the plan as currently written because in today’s society it was difficult to determine who was not socially disadvantaged.
VOTE:	PASSED by a vote of 8 in favor to 2 in opposition (Council Members Keefe and Gonzalez)
9.	Consider resolution for municipal agreement with NC DOT for improvements to Amtrak Station.
	City Manager Roger Stancil presented this item.  He stated the funding was for $500,000.00 with the state paying 90 percent and the City matching $50,000.00 which would come from the downtown tax district funds.
A RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA.  RESOLUTION NO. R2003-080.
MOTION:	Council Member Fogleman moved to approve.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (10-0)
10.	Consider dates for joint meeting with the Cumberland County Board of Commissioners.
MOTION:	Mayor Pro Tem Kendrick moved to hold the meeting on November 25, 2003.
SECOND:	Council Member Kirby
VOTE:	PASSED by a vote of 9 in favor to 1 in opposition (Council Member Keefe)
11.	Consider designation of Voting Delegates for National League of Cities Conference in Nashville, Tennessee, December 2003 (Council members attending:  Mable Smith and Curtis Worthy).
MOTION:	Council Member Worthy moved to approve Council Member Worthy and Council Member Smith as the voting delegates.
SECOND:	Council Member Smith
VOTE:	UNANIMOUS (10-0)
12.	BOARDS AND COMMISSIONS:
A.	APPOINTMENTS
1.	Senior Citizens Advisory Commission - 2 vacancies – 2 nominations made - 2 appointments needed
	Mr. Robert Pringle and Ms. Judy Dawkins were appointed to terms which would expire in September 2005.
B.	NOMINATIONS
1.	Parks and Recreation Advisory Commission – 7 vacancies - 4 members eligible for reappointment - 3 members not eligible – 7 nominations needed
	Mr. Lorenzia Wright was nominated by Council Member Fogleman.
	Mr. Larry Clubine was nominated by Mayor Pro Tem Kendrick.
	Mr. Thomas McLamb was nominated by Mayor Pro Tem Kendrick.
	Mr. Christopher “Tiff” Hopkins was nominated by Council Member Keefe.
	Mr. Darren Thompson was nominated by Council Member Keefe.
	Ms. Clementine White was nominated by Council Member Gonzalez.
2.	Wrecker Review Board - 1 Chairman vacancy - member eligible for reappointment – 1 nomination needed
	Mr. Richard H. Earle was nominated by Council Member Keefe.
3.	Historic Resources Commission - 6 vacancies [4 At-Large, 1 Category 1 (Licensed/Registered Architect), and 1 Category 2 (Historic Preservationalist or Cultural or Social Historian)] - 5 members eligible for reappointment
	At-Large Nominations:
	Ms. Annette Billie was nominated by Council Member Worthy.
	Mr. Marshal Isler was nominated by Council Member Haire.
	Mr. Kenneth Suggs was nominated by Council Member Kirby.
	Mr. Jerry Fachet was nominated by Council Member Kirby.
	Category 1 nomination:
	Mr. Chris Kuenzel was nominated by Council Member Fogleman.
4.	Zoning Commission - 1 vacancy
	No action taken.
C.	INFORMATION:  NOVEMBER VACANCIES
1.	Fair Housing Board - 3 vacancies (1 At-Large, 1 Attorney, and 1 Real Estate)
13.	ADMINISTRATIVE REPORTS
A.	Response to public forum concerns.
B.	Closed session to discuss economic development and personnel and consultation with attorney.
MOTION:	Council Member Fogleman moved to go into closed session to discuss economic development, personnel issues, and a consultation with the City Attorney.
SECOND:	Council Member Kirby
VOTE:	UNANIMOUS (10-0)
	The closed session began at 10:10 p.m.
MOTION:	Council Member Smith moved to resume the regular session.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (10-0)
	The regular session resumed at 10:40 p.m.
INFORMATION ITEMS:
1.	Statement of taxes collected for the month of January 2003 from the Cumberland County Tax Administrator.
2003 Taxes	$3,922,072.61
2003 Vehicle Taxes	201,202.28
2003 Revit	7,639.47
2003 Vehicle Revit	474.00
2003 FVT	22,853.09
2003 Storm Water	244,432.73
2002 Taxes	$78,307.11
2002 Vehicle Taxes	64,924.06
2002 Revit	146.00
2002 Vehicle Revit	81.51
2002 FVT	8,477.88
2002 Storm Water	5,668.84
2001 Taxes	29,903.57
2001 Vehicle Taxes	3,358.40
2001 Revit	0.00
2001 Vehicle Revit	0.00
2001 FVT	589.41
2001 Storm Water	1,775.71
2000 Taxes	1,981.21
2000 Vehicle Taxes	1,263.88
2000 Revit	0.42
2000 Vehicle Revit	0.00
2000 FVT	243.52
2000 Storm Water	234.29
1999 and Prior Taxes	646.10
1999 and Prior Vehicle Taxes	1,752.26
1999 and Prior Revit	0.52
1999 and Prior Vehicle Revit	6.34
1999 and Prior FVT	435.00
1999 and Prior Storm Water	356.03
Interest	19,243.88
Interest (Revit)	21.07
Interest (Storm Water)	953.58
Fayetteville Discount (Current)	0.00
Fayetteville Discount (Revit)	0.00
Total Collections	$4,619,044.77
2.	PWC - minutes of August 27, 2003.
3.	FACCBC - minutes of August 11, 2003.
4.	FACVB - minutes of August 14, 2003.
5.	Letter on establishing Hope VI housing to Calvin P. Poole, Jr.
6.	Weed and Seed update.
7.	Planning Department - monthly reports for August.
MOTION:	Mayor Pro Tem Kendrick moved to adjourn the meeting.
SECOND:	Council Member Massey
VOTE:	UNANIMOUS (10-0)
	The meeting adjourned at 10:41 p.m.
SPECIAL MEETING
OCTOBER 6, 2003
FAYETTEVILLE CITY COUNCIL
SPECIAL MEETING
CITY HALL COUNCIL CHAMBER
OCTOBER 6, 2003
7:00 P.M.
Present:	Mayor Marshall B. Pitts, Jr.
Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Lois A. Kirby (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Anne Fogleman (District 9)
Absent:	Council Member Darrell J. Haire (District 4)
Others Present:	Roger L. Stancil, City Manager
			Karen M. McDonald, City Attorney
			Lisa Smith, Chief Financial Officer
			Jason Brady, Public Information Officer
			Nicole S. Wright, Deputy City Clerk
			Members of the Press
INVOCATION - PLEDGE OF ALLEGIANCE
	The invocation was offered by Mayor Pro Tem Kendrick, followed by Mayor Pitts leading in the Pledge of Allegiance to the American Flag.
MAYOR’S ANNOUNCEMENTS:
	Council Member Worthy informed everyone that there would be a groundbreaking ceremony held for the Hollywood Heights community on Thursday, October 9, 2003, at 5:00 p.m.
	Mayor Pitts announced that on Thursday, October 9, 2003, there would be a Mayors Coalition meeting and invited all Council Members and County Commissioners to attend.
	Mayor Pitts recognized County Commissioners Talmage Baggett, Edward Melvin, Jeannette Council and Billy King.  Mayor Pitts also recognized James Martin, County Manager, and Larry Philpott, County Parks and Recreation Director.
1.	Approval of Agenda
MOTION:	Council Member Worthy moved to approve the agenda.
SECOND:	Council Member Massey
VOTE:	UNANIMOUS (9-0)
2.	Consider proposal from Cumberland County for management of County Parks and Recreation.
	City Manager Roger Stancil presented this item.  Mr. Stancil stated that the proposal had been reviewed and endorsed by City staff.  Mr. Stancil then stated other agreements that the County and City had entered into had also been discussed.  Mr. Stancil stated that if both bodies were in agreement, they would need to co-locate the employees of the Parks and Recreation Departments as soon as possible.
MOTION:	Council Member Fogleman moved to endorse the proposed model of the City managing the parks and recreation system of the County on a contractual basis and direct the City Manager to work with the County Manager to develop an Interlocal Agreement by December 2003 for implementation by July 1, 2004.
SECOND:	Council Member Smith
	Mayor Pitts inquired if this agreement was in order so far as being in agreement with the County.  County Commissioner Talmage Baggett responded it absolutely was.  Commissioner Baggett applauded the efforts of both the City and County staffs adding that this was the biggest hurdle, and if they could get over this, and both bodies endorse this concept, the problem could be solved once and for all with the merger.
	Mayor Pro Tem Kendrick acknowledged Council Member Smith and thanked her for her efforts pertaining to this merge.
VOTE:	UNANIMOUS (9-0)
3.	Consider proposal from Managers for sales tax distribution agreement.
	City Manager Roger Stancil presented this item.  Mr. Stancil stated this was a working group of managers from Fayetteville, Cumberland County, Hope Mills, Spring Lake, Stedman and the Mayor of Wade.  Mr. Stancil stated the group had agreed on certain concepts that were outlined in the agreement.  Mr. Stancil then stated that the City and County had agreed that the agreement would be good for nine years, but could be reviewed after three years to see if any changes or amendments were needed.  Mr. Stancil also stated that the City and the County had discussed issues pertaining to just the City and the County, adding that those two entities were the largest stakeholders.  Mr. Stancil stated that the County would determine what sales tax distribution method would be used by October 31, 2006, and this would give other municipalities time to decide what they would like to do.  Mr. Stancil also discussed the breaching of the agreement.  Mr. Stancil stated City staff had recommended the approval of the agreement because it would accomplish several things.
MOTION:	Council Member Worthy moved to approve the Agreement and authorize the City Manager to work with the County and the other municipalities to develop an interlocal agreement for consideration at the October 27, 2003, meeting, to the deadline set by the County.
SECOND:	Mayor Pro Tem Kendrick
VOTE:	UNANIMOUS (9-0)
MOTION:	Council Member Smith moved to adjourn the meeting.
SECOND:	Council Member Massey
VOTE:	UNANIMOUS (9-0)
	The meeting adjourned at 7:28 p.m.
REGULAR MEETING
OCTOBER 27, 2003
FAYETTEVILLE CITY COUNCIL
REGULAR MEETING
CITY HALL COUNCIL CHAMBER
OCTOBER 27, 2003
7:00 P.M.
Present:	Mayor Marshall B. Pitts, Jr.
Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois A. Kirby (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Anne Fogleman (District 9)
Others Present:	Roger L. Stancil, City Manager
			Karen M. McDonald, City Attorney
			Tiffanie W. Sneed, Assistant City Attorney
			Jimmy Teal, Chief Planning Officer
			Tom McNeill, PWC Director of Business, Planning, and Development
			Jason Brady, Public Information Officer
			Janet C. Jones, City Clerk
			Members of the Press
INVOCATION - PLEDGE OF ALLEGIANCE
	The invocation was offered by Reverend Ricky Frazier, Evans Metropolitan AME Zion Church, followed by Mayor Pitts leading in the Pledge of Allegiance to the American Flag.
MAYOR’S ANNOUNCEMENTS:
1.	Special Events
	Mayor Pitts reviewed the special events for October and November 2003.
RECOGNITION:
A.	Miss Fayetteville 2004, Kelli Yvonne Wallace
	Mayor Pitts introduced Ms. Kelli Yvonne Wallace, Miss Fayetteville 2004.  He presented her with a City Coin and thanked her for all she was doing for Fayetteville.
	Ms. Wallace thanked the City for their support.  She informed the Council that her platform during her reign as Miss Fayetteville was character education, educational enrichment for teachers, and scholarships to draw new teachers to North Carolina.
B.	Women’s Center of Fayetteville, one of three winners of the 2003 Nonprofit Sector Stewards Awards
	Mayor Pitts introduced Mrs. Sylvia Ray, Executive Director of the Women’s Center of Fayetteville.  He extended his congratulations to the board, staff, and volunteers of the Women’s Center for being selected as one of three statewide winners of the 2003 Nonprofit Sector Stewards Awards.  Mayor Pitts presented Mrs. Ray with a Certificate of Excellence.
1.	APPROVAL OF AGENDA
MOTION:	Mayor Pro Tem Kendrick moved to approve the agenda.
SECOND:	Council Member Smith
VOTE:	UNANIMOUS (10-0)
2.	PUBLIC FORUM:
	Mr. Jose I. Cardona, 7018 Kittridge Drive, Fayetteville, NC, read an article that he had written and which appeared in the July 5, 2003, edition of The Fayetteville Observer.  He gave suggestions for dealing with mosquitoes, police retention, annexation of Fort Bragg, and the need for a theme park in Fayetteville.
	Mr. Jesse Kirkland, 2200 Lake Avenue, Fayetteville, NC, thanked the Council and the NCDOT for not closing the railway crossing at McLamb Street.  He expressed his opinion that the Waste Management sanitary trucks needed to be cleaned up and properly maintained.
	Mr. Floyd Johnson, 716 Amber Drive, Fayetteville, NC, thanked the City of Fayetteville and Cumberland County for their efforts and courage in accepting the merger between the City and County Recreation Departments.
	Mr. Andy Anderson, 1517 Hope Mills Road, Fayetteville, NC, addressed the Council regarding the creation of a river mall, the lack of projects being started in the newly annexed areas, and how City services could be improved.
	Mr. Clinton Harris, 4713 Watauga Avenue, Fayetteville, NC, addressed the Council regarding the acceptance of federal funds, and the lack of cooperation between the City and County governmental bodies.
	Mr. Brian Irving, 1713 Veanna Drive, Fayetteville, NC, stated he felt the City employees and the elected officials should be more open and responsive in their communications with the citizens about annexation.
3.	CONSENT:
MOTION:	Council Member Massey moved to approve the consent agenda.
SECOND:	Council Member Kirby
VOTE:	UNANIMOUS (10-0)
	The following items were approved:
A.	Approve minutes:
1.	Special meeting of August 19, 2003.
2.	Special meeting of September 15, 2003.
3.	Regular meeting of September 22, 2003.
4.	Special meeting of October 6, 2003.
B.	Approve the following financial matters:
1.	Tax refunds greater than $100.00.
	Name	Year	Basis	City Refund
	All American Homes	2001	Corrected Assessment	$    179.38
	Collins, Pauline C.	2002	Corrected Assessment	185.50
	Jackson, Edward	2002	Corrected Assessment	301.70
	Secure Weld Security, Inc.	1999-2001	Corrected Assessment	839.30
	Spacenet, Inc.	2001-2002	Corrected Assessment	     227.16
	Total			$1,733.04
2.	Budget Ordinance Amendment 2004-3 (HazMat Equipment Grant).
	This amendment appropriates funds for the purchase of HazMat equipment to be used to improve domestic terrorism preparedness.  The source of funds for the equipment purchase is a 100 percent HazMat grant in the amount of $90,900.00 administered by the North Carolina Department of Crime Control and Public Safety - Division of Emergency Management.
3.	Budget Ordinance Amendment 2004-4 (General Obligation Refunding Bonds, Series 2003).
	On August 11, 2003, Council approved the resolution providing for the issuance of $9,000,000.00 General Obligation Refunding Bonds to be used to defease a portion of the City’s General Obligation Bonds, Series 1993.  The refunding bonds are associated with the City’s General and Utility Funds.  The General Fund portion of the refunding bonds is $3,805,000.00 and a small premium of $10,606.00.  A budget ordinance is needed to reflect the receipt of these monies as well as record the partial defeasance of the Series 1993 Bonds.
4.	Capital Project Ordinance Amendment 2004-1 (Freedom Park).
	This amendment is necessary to appropriate additional donated funds for the Freedom Park project, estimated at $81,517.00.
5.	Westover Recreation Center matters:
a.	Capital Project Ordinance 2004-2.
	This ordinance will formally establish the design budget for the Westover Recreation Center Project in an amount of $162,000.00.
b.	Reimbursement resolution for the Westover Recreation Center Project.
	On August 11, 2003, City Council authorized the City Manager to negotiate and execute the design contract for the Westover Recreation Center.  This resolution will allow the City to reimburse itself, from installment financing proceeds, for expenditures incurred for the recreation center.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, DECLARING THE INTENTION OF SAID CITY TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE TAX-EXEMPT FINANCINGS FOR CERTAIN EXPENDITURES MADE AND TO BE MADE IN CONNECTION WITH THE WESTOVER RECREATION CENTER PROJECT.  RESOLUTION NO. R2003-081.
6.	Special Revenue Fund Project Ordinance 2004-4 (FY 2004 Juvenile Restitution Program).
	The North Carolina State Department of Juvenile Justice and Delinquency Prevention has awarded Cumberland County $99,074.00 for the Fayetteville Police Department’s Juvenile Restitution program.  The County is providing a local match of $13,386.00.  The City is required to provide an in-kind match of $6,428.00 for utilities and estimated rental value of the City-owned building where the Juvenile Restitution offices are located.  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.
7.	Resolution approving Municipal Agreement with NCDOT for re-inspection of bridges on the municipal street system.
	Municipal agreement project number BRZ-NBIS (13) is for the periodic bridge inspections on the municipal street system.  The agreement authorizes NCDOT to perform bridge inspections and further bill the City of Fayetteville for 20 percent of the cost of the inspections.  The City’s estimated cost is $8,320.00, which is included in the Engineering and Maintenance Department’s budget.
COPY OF A RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA.  RESOLUTION NO. R2003-082.
8.	Purchase of one cab and chassis with telescopic articulating aerial device and telescopic upper boom from Altec Industries, Inc., in the amount of $104,772.00. (PWC)
	Bids were received as follows:
	Altec Industries, Inc.	$104,772.00
	Special Fleet Service, Inc.	$107,354.00
	MAP Enterprises	$109,072.00
9.	Bid award for purchase of water and wastewater chemicals to Calciquest, Belmont, NC, in the amount of $141,600.00 and JCI Jones Chemicals, Charlotte, NC, in the amount of $229,500.00, low bidders. (PWC)
	Bids were received as follows:
	A.	Purchase of 2,500,000 lbs. of 50 percent Caustic Soda:
Calciquest (Belmont, NC)	$141,600.00
Basic Chemical Solutions (Morrisville, PA)	$146,225.00
Univar USA, Inc. (Suffolk, VA)	$146,750.00
JCI Jones Chemicals (Charlotte, NC)	$147,000.00
Brenntag Southeast (Durham, NC)	$165,000.00
CFS Enterprises (Charlotte, NC)	$165,000.00
	B.	Purchase of 5,000,000 lbs. of Sodium Hypochlorite:
JCI Jones Chemicals, Inc. (Charlotte, NC)	$229,500.00
Trinity Manufacturing, Inc. (Hamlet, NC)	$231,000.00
CFS Enterprises (Charlotte, NC)	$255,500.00
DPC Enterprises (Mobile, AL)	 $315,000.00
10.	Funding allocation for utility relocation at Ray Avenue and Maiden Lane for roundabout traffic pattern at the entrance to Festival Park. (PWC)
11.	FY 2004 PWC Budget Amendment No. 1 for restructuring of debt in the recent 2003A and 2003B bond transactions. (PWC)
12.	Resolution establishing an Electric Series 2003A Revenue Bond Capital Project Fund and a Water/Wastewater 2003A Revenue Bond Capital Project Fund for the purpose of constructing electric, water, and wastewater utilities infrastructure as allowed in the Series 2003A Bond Order.
RESOLUTION OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, ESTABLISHING AN ELECTRIC SERIES 2003A REVENUE BOND CAPITAL PROJECT FUND AND A WATER/SEWER 2003A REVENUE BOND CAPITAL PROJECT FUND.  RESOLUTION NO. R2003-083.
13.	Electric Series 2003A Revenue Bond Capital Project Fund Budget.
14.	Water/Wastewater 2003A Revenue Bond Capital Project Fund Budget.
C.	Adopt resolution to advertise the proposed street closing of Jackson Avenue.
RESOLUTION AND NOTICE OF INTENT TO CLOSE JACKSON AVENUE.  RESOLUTION NO. R2003-084.
D.	Approve Special Permit for off-premise signs from November 1 through November 10 for the Holly Day Fair.
E.	P03-35F.  Approve the initial zoning to C1 Commercial Local Business District or to a more restrictive zoning classification for an area located on the western side of Cedar Creek Road.  Containing 0.69 acres more or less and being the property of Henry Clark as evidenced by map and legal description furnished by the City of Fayetteville, being all of Annexation Ordinance No. 2003-03-462, and annexed by the City of Fayetteville, effective August 25, 2003.
F.	P03-37F.  Approve the rezoning from R5 Residential District to P2 Professional District or to a more restrictive zoning classification for property located at 903 and 907 Arsenal Avenue.  Containing 0.59 acres more or less and being the property of Mr. and Mrs. John Wageman as evidenced by deed recorded in Deed Books 2626 and 3337, pages 0642 and 0817 respectively, in the Cumberland County Registry.
G.	Adopt various parking ordinances.
AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NO. 11 – PARKING PROHIBITED-BLUE STREET).  ORDINANCE NO. NS2003-012.
AN ORDINANCE AMENDING CHAPTER 16, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NO. 17 – RESTRICTED PARKING-FRIAR AVENUE).  ORDINANCE NO. NS2003-013.
AN ORDINANCE AMENDING CHAPTER 160, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NO. 17 – RESTRICTED PARKING-FACILITY DRIVE).  ORDINANCE NO. NS2003-014.
H.	Adopt various stop and yield ordinances.
AN ORDINANCE AMENDING CHAPTER 16, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCE (TRAFFIC SCHEDULE NO. 6 - STOP INTERSECTIONS - OAKRIDGE AVENUE).  ORDINANCE NO. NS2003-015.
AN ORDINANCE AMENDING CHAPTER 16, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NO. 14 – YIELD RIGHT-OF-WAY-OAKRIDGE AVENUE).  ORDINANCE NO. NS2003-016.
AN ORDINANCE AMENDING CHAPTER 16, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NO. 6 – STOP INTERSECTIONS- HAY AND PERSON STREETS).  ORDINANCE NO. NS2003-017.
AN ORDINANCE AMENDING CHAPTER 16, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NO. 14 – YIELD RIGHT-OF-WAY-HAY AND PERSON STREETS).  ORDINANCE NO. NS2003-018.
AN ORDINANCE AMENDING CHAPTER 16, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NO. 14 – YIELD RIGHT-OF-WAY-KAREN LAKE DRIVE AND OAKWOOD STREET).  ORDINANCE NO. NS2003-019.
AN ORDINANCE AMENDING CHAPTER 16, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NO. 6 – STOP INTERSECTIONS - ASHRIDGE DRIVE, CAROLWAY DRIVE, DICK STREET, CLEAN SWEEP LANE, GENERAL LEE AVENUE, NOSTAGY LANE, AND RAYHAM COURT).  ORDINANCE NO. NS2003-020.
AN ORDINANCE AMENDING CHAPTER 16, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NO. 6 – STOP INTERSECTIONS - ASHDOWN PLACE, BILLINGSFORD CIRCLE, BURFORD COURT, CASHIERS LANE, EDGEWARE COURT, GRUNDY PLACE, HORNBUCKLE DRIVE, HULL ROAD, KAREN LAKE DRIVE, MARTINDALE DRIVE, MCNEILL CIRCLE, OAKLEY DRIVE, OAKWOOD STREET, RECTORY STREET, REDCLIFF DRIVE, SISAL DRIVE, ST. MARTINS PLACE, AND STONEWOOD DRIVE).  ORDINANCE NO. NS2003-021.
I.	Approve Conservation Easement for MLK park stream project.
4.	PUBLIC HEARINGS:
A.	P03-41F.  Consider amendments to Sections 30-263(b), 30-294(b), 30-336(b) and 30-477(b) of the Fayetteville Code of Ordinances, Chapter 30, Zoning.  Purpose of the amendments is to be consistent with Sections 1 through 9 of the Fayetteville Code, requiring payment of civil penalties within ten (10) days.
	City Attorney Karen McDonald presented this item.  She recommended adoption of the ordinance amendments to bring continuity to the civil penalty sections of the City Code.
	This is the advertised public hearing set for this date and time.  There was no one present to speak and the public hearing opened and closed at 7:50 p.m.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 30-477(3), PENALTIES AND REMEDIES, OF ARTICLE XV, HISTORIC PERSERVATION, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA.  ORDINANCE NO. S2003-012.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 30-336(b), PENALTIES, OF ARTICLE XI, ADMINISTRATION AND ENFORCEMENT, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA.  ORDINANCE NO. S2003-013.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 30-294(b), PENALTIES AND REMEDIES, OF ARTICLE IX, LANDSCAPE STANDARDS, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA.  ORDINANCE NO. S2003-014.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 30-263(b)(4), ADMINISTRATION AND ENFORCEMENT, OF ARTICLE VIII, ADVERTISING AND SIGN REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA.  ORDINANCE NO. S2003-015.
MOTION:	Mayor Pro Tem Kendrick moved to approve.
SECOND:	Council Member Fogleman
VOTE:	UNANIMOUS (10-0)
B.	P03-34F.  Consider an application by Larry King & Associates for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 30-120(4), to allow for mini-warehouse activities in C3 Heavy Commercial District for property located along Reilly Road.  Containing 1.18 acres more or less and being the property of RJPC II, LLC, as evidenced by deed recorded in Deed Book 5464, page 0410, Cumberland County Registry.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  He reviewed the current land use, the 2010 Land Use Plan, and the current zoning.  He advised the Council this was a Special Use Permit and a decision would have to be made based on the evidence presented.
	Mr. Teal reviewed the findings of fact as follows:
1.	The proposed use 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 similarly zoned along the block containing the site are not disrupted by the proposed use;
4.	The proposed use complies with the applicable fire code;
5.	The external walls facing any public street shall be consistent with and not detract from the general appearance of other existing first floor retailing activities similarly zoned in the area; and
6.	The proposed business provides internal access to the property for vehicular traffic.
	A discussion was held regarding drainage on the property.
	This is the advertised public hearing set for this date and time. The public hearing opened at 7:55 p.m.
	After being sworn in, Ms. Lori Edler, a representative for Larry King & Associates, reviewed the plans and answered questions regarding drainage.  Ms. Edler stated the drainage plans would be reviewed by the Planning Commission before approval.  She reported there would be no entrance on Reilly Road for the warehouses.
	There was no one further to speak and the public hearing closed at 7:58 p.m.
MOTION:	Council Member Worthy moved to follow the recommendations and make the findings of fact as set out, and all storm water egress and ingress be done as stated by the Council.
SECOND:	Council Member Massey
VOTE:	UNANIMOUS (10-0)
C.	Consider the Traffic Separation Study recommendations to include railroad crossing signal improvements and crossing closings.
	Mayor Pitts opened the public hearing at 8:00 p.m.
	Mr. Brian Daylor, Project Manager with Ralph Whitehead Associates representing the NDOT Rail Division, presented this item.  He stated the City and the NCDOT had entered into an agreement for a study of the rail crossings on the streets in Fayetteville.
	Mr. Daylor reported the study team had reviewed 52 railroad crossings and had recommended the closing of 13 of the crossings.  After public input, it was decided to keep three crossings open (McLamb Drive, Alexander Street, and Dick Street) with the remaining ten being put under action items for safety improvements, which could include crossing signals, upgrades to crossing signals, and improved signage.  Mr. Daylor stated the action items would total over $3 million of improvements in the City of Fayetteville.
	Mr. Moses L. Best, 1824 Broadell Drive, Fayetteville, NC, stated he had been opposed to the closing of McLamb Drive and appreciated the decision to leave it open.
	Mr. Best requested the railroad help clean up their property in the Greensboro Street area.  He also requested trash pickup and paving on Richard, Roosevelt, and Fuller Streets.
	There being no one further to speak, the public hearing closed at 8:06 p.m.
MOTION:	Council Member Fogleman moved to endorse the recommendation but delay action pending CSX granting the easement.
SECOND:	Council Member Kirby
VOTE:	UNANIMOUS (10-0)
5.	P03-31F.  Consider the rezoning from R15 Residential District to R5A Residential District or to a more restrictive zoning classification for property located on Fillyaw Road.  Containing 12.31 acres more or less and being the property of Jerry D. Morrison, Nancy Holland, Doris Crites and Baxter Morrison as evidenced by deeds recorded in Deed Books 5387, 5053, and 5054, pages 0343, 0382, and 0384, Cumberland County Registry.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  Mr. Teal stated this case had been before the Zoning Commission in August and the City Council in September as public hearings.  The Council had asked for the two sides to get together and work out any differences with the assistance of staff.
	Mr. Teal reviewed the current land use, the current zoning, and the 2010 Land Use Plan, and presented a photograph of the site.
	Mr. Teal stated a meeting had been held on October 9, 2003, with everyone at the meeting agreeing the Morrison family had a right to improve their property, but that the density of the development and the traffic issues were still the problem.  Mr. Teal reported that no solution was reached at the meeting.
MOTION:	Council Member Worthy moved to approve the zoning to R5A.
SECOND:	Council Member Keefe
	Council Member Fogleman stated she had concerns because both the staff and the Zoning Commission had recommended this property should be rezoned to R10 and she felt their recommendations should be supported.
VOTE:	PASSED by a vote of 8 in favor to 2 in opposition (Council Members Fogleman and Kirby)
6.	P03-36F.  Consider the rezoning from P2 Professional District and R10 Residential District to C1 Local Business District or to a more restrictive zoning classification for property located along Raeford Road.  Containing 5.22 acres more or less and being the property of Dellan Caulder, Beatrice Glenn, Gerald Goodspeed, Jr., Michael Newman, Margaret Snipes, Mrs. M. T. Smith, Joseph and Linda West and Macy Neal as evidenced by deeds recorded in Deed Books 2445, 2733, 2450, 2121, 2654, 0699, 0847, 4820, 3756, pages 0196, 0292, 0667, 0371, 0309, 0538, 0061, 0525 and 0418, Cumberland County Registry.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  He reviewed the current zoning, the 2010 Land Use Plan, and the current uses.  Mr. Teal stated that the Zoning Commission had held a public hearing at which time the staff had recommended leaving two parcels P2 and zoning the other seven lots P4.  The citizens from Wells Place endorsed the staff’s recommendation.
MOTION:	Council Member Worthy moved to follow the recommendations of the Zoning Commission to zone the seven lots P4 and the other two lots P2.
SECOND:	Council Member Fogleman
VOTE:	PASSED by a vote of 8 in favor to 2 in opposition (Council Members Keefe and Kendrick)
7.	Consider setting a special meeting for Monday, November 17, 2003, to consider regular business items in November.
	City Manager Roger Stancil presented this item.
MOTION:	Council Member Worthy moved to set a special meeting for November 17, 2003.
SECOND:	Mayor Pro Tem Kendrick
VOTE:	UNANIMOUS (10-0)
8.	Update on Council Strategic Plan.
	City Manager Roger Stancil presented this item.  He reviewed the FY 2003-2004 Strategic Plan First Quarter Report to include (1) Policy Agenda, (2) Management Agenda, (3) Major Projects, and (4) five-year goals.
	Mr. Stancil stated the action he would like for the Council to take would be to either affirm the goals as presented or modify them so the staff would know in what direction to go.
	Mayor Pro Tem Kendrick thanked Mr. Martin Hendrix for the work that had been done on the Bragg Boulevard gateway project.
	Mr. Bill Martin thanked the Council for their support of economic development and the Cumberland County Business Council.
	Mr. Martin reported on the City Marketing Program for Media and National Image.  He reviewed the activities that had been carried out by FYI Fayetteville during the first quarter to include ten news releases and various other articles that had been placed in regional, state, and national publications.
	Mr. Martin reported on the first quarter steps, which had been taken to achieve the development of 500 new jobs in Cumberland County.
	Mr. Martin suggested the addition of three “results to be achieved” as follows:  (1) recruit $5 million in new investment in downtown, (2) retain existing jobs in Cumberland County, and (3) help local businesses secure at least $1 million in government contracts.
	Council Member Haire inquired what direction would be taken to implement the recommendation of plans and studies such as the Allison Platt Plan.
	Mr. Martin stated the first step would be to go directly to the implementation phase, which would involve in the downtown property securing property, doing RFPs, and working with developers to do those three projects.  He also explained that private investors must be found in order for the projects to move forward as well as determining and offering incentives to potential investors.
	Council Member Haire stated it was time to move forward with the projects that have been presented via studies.
	Council Member Worthy inquired if there had been any after-action reports or findings of fact that would explain why the major contracts for the gate guards and fencing at Fort Bragg had gone to out-of-state companies, and if there was anything that could have been done differently which would have resulted in local participation.
	Mr. Martin stated that was the whole point of the internet tool which was being designed so that identification of projects would be possible and then his organization could work with local businesses on the bidding process.
	Mayor Pitts stated North Carolina had one of the largest military populations in the country and he inquired what was being done to promote regional efforts to procure military contracts.
	Mr. Martin stated there was an active state effort with a budget of $2 million to address the closing of military bases across the country and the Governor was holding a military summit to look at plans to protect our state military installations.
MOTION:	Mayor Pro Tem Kendrick moved to approve.
SECOND:	Council Member Worthy
	Council Member Worthy stated Foxfire Community had expressed their concerns about storm debris not being picked up by the City.  Mr. Worthy stated he had personally observed small piles not picked up and the answer he had received was the small piles needed to be containerized.  He wanted to know why it was not being cleaned up.
	Mayor Pitts requested that this item be discussed in Item 14.
	Council Member Gonzalez stated there was a problem throughout the City with solid waste being picked up and the Council needed to do something about it.
	Mayor Pitts stated that in order to be productive the Council needed to come forward with suggestions and solutions to address the problem, because just complaining about it did not help the situation.
	Council Member Kirby stated she still had trash at her house that had not been picked up and she thought all of the trash should be picked up regardless of how it got there.
	Council Member Massey stated he felt the staff needed to revisit the issue and look at reallocating funds to get it cleaned up because the complaints were coming from every community.
	Council Member Smith stated she had the same concern.
	Council Member Gonzalez inquired if the program to enhance public education had been done.
	City Manager Roger Stancil stated the point of the presentation tonight was to affirm that this was the direction the Council wanted to go and that had been affirmed.  He reported the staff will review the solid waste operation and had begun doing some different things with containerization included informing the citizens.  Mr. Stancil reported the staff was already working on different ways to compile data and collect what was on the street.  He stated he was planning to bring in landfill personnel and private contractors for a conversation with the City Council about the system, and how much they wanted to spend.
	Council Member Gonzalez stated she felt educating the public on trash pickup was the key to solving the problem.  She requested a report be made to the Council on November 17, 2003.
	Mr. Stancil stated that money and restrictions at the landfill were issues that would have to be addressed.
RESTATED MOTION:
Approve the results to be achieved on the City Council Action agenda for fiscal year 2003-2004.
VOTE:	UNANIMOUS (10-0)
	Council Member Fogleman left the meeting at 9:00 p.m.
9.	Consider Sales Tax Agreement with Cumberland County.
	City Manager Roger Stancil presented this item.  He recommended approval of the agreement, which reflected what the Council had adopted in concept.
MOTION:	Council Member Kirby moved to approve the staff’s recommendation on the Sales Tax Agreement with Cumberland County.
SECOND:	Council Member Smith
	Council Member Gonzalez inquired if the agreement was based on the Phase V Annexation and the annexation has not been approved, then how could the agreement be approved.
	Mr. Stancil replied the agreement was not based on the Phase V Annexation but was based on the negotiations with the understanding that the City would be bringing in the 43,000 citizens into the City.  Mr. Stancil stated what the current City had gained was the elimination of the $2.3 million budget problem and the ability for the municipal boundaries to grow while the County would not be damaged by the revenue loss, and the tax formula would not change to the ad valorem system.  Mr. Stancil stated he would recommend the approval of the agreement under either circumstance.
VOTE:	UNANIMOUS (10-0 with Council Member Fogleman unexcused)
10.	Consider modifying development standards.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  He stated that several months ago local developers had met with City staff and had requested the City to examine its development standards in comparison to the development standards of Cumberland County and adjacent counties.
	Mr. Teal presented the following proposals:
1.	To require as a minimum requirement asphalt curb and gutter rather than concrete curb and gutter for developments with density less than 5 lots\units per acre.  Developments greater than 5 lots\units per acre requires concrete curb and gutter.
2.	Revise the sidewalk policy and ordinance to require sidewalks within subdivisions only on neighborhood collector streets for developments with density less than 5 lots\units per acre.  Developments greater than 5 lots\units per acre requires the current sidewalk standard.
3.	No sidewalk construction is required on streets without curbing.  This generally occurs for developments that abut DOT streets that is stripped paved with side ditches.
4.	The drainage standards will be revised to include greater detail to prevent or limit future flooding.
	Mr. Teal stated that the main concerns were water, sewer, and drainage, and he felt the water and sewer were taken care of in the City, but the drainage needed some improvement.  Mr. Teal recommended the item be referred to the Planning Commission for consideration.
	A discussion was held regarding the sidewalk requirements based on density as set out by the County and the minimum standards as set out in the proposed agreements.
	Council Member Keefe inquired if the ultimate goal of relaxing the City’s standards was so there would be a consistency with the urbanized areas outside of the City.
	Mr. Teal stated that the main concern was to have standards that would discourage development leaving Cumberland County and going into another County and it was also an opportunity to upgrade the drainage standards.
MOTION:	Council Member Keefe moved to send this to the Planning Commission.
SECOND:	Council Member Haire
	Council Member Gonzalez stated she did not like this plan at all because she felt the high standards needed to be kept and they should not be dummied down to County Standards.  She inquired who was in the group requesting this change.
	Mr. Teal stated it was seven or eight members of the Home Builders Association.
	Mayor Pitts stated he felt this was a good opportunity to set standards which would allow businesses to develop in the area.
VOTE:	UNANIMOUS (10-0 with Council Member Fogleman unexcused)
11.	Consider extension of commercial garbage franchise.
	City Manager Roger Stancil presented this item.  He reviewed the history of the commercial garbage franchise and stated the original focus group that represented the business community had been reinstated with the addition of a new representative from the Cumberland County Business Council to determine the effects of the franchise and its advantages and disadvantages.
	Mr. Stancil gave the following options:
1.	Extend the Franchise - This option allows the City, the business community, and the focus group time to review the franchise and its results and determine the appropriate action for the future.
2.	Terminate the Franchise - This option would open the door for competition among companies for business.  The focus group did not recommend this option in 1997 because of the concern that smaller businesses would pay higher fees than under a franchise while larger businesses could negotiate better rates at their expense.
3.	Rebid the Franchise - This option would allow the City to seek better terms for the franchise and include any new businesses as a result of its annexation decision.
	Mr. Stancil stated the current franchise holder had agreed to extend the agreement for one year at the same fees.  Mr. Stancil recommended that he be authorized to execute a one-year extension and begin the process of review for a decision by September 2004.
	Council Member Haire stated he favored Option 1, which would give the focus group a chance to review the franchise.
	A discussion ensued regarding the pros and cons of an exclusive franchise versus a nonexclusive system, which would allow other businesses to compete.
MOTION:	Mayor Pro Tem Kendrick moved to extend the franchise agreement to June 2005.
SECOND:	Council Member Worthy
VOTE:	PASSED by a vote of 8 in favor to 2 in opposition (Council Members Keefe and Massey with Council Member Fogleman unexcused)
12.	Report from City-County Liaison Committee.
	Council Member Smith, Chair, presented this item. She reviewed the highlights of items discussed to include the hospital’s decision on ambulance service, a discussion of municipal influence zones, and the Parks and Recreation Departments merger.  She reported that a tentative agreement had been reached on the merger of the Parks and Recreation Departments.
	Council Member Smith reported that the extra territorial jurisdiction was to be discussed at the next meeting.  She requested that the date of the meeting be determined due to a possible conflict.
13.	Report from Transportation Committee.
A.	Discussion of transit services.
	This item will be presented at a later date.
B.	Discussion of school zone lighting on Bonanza Drive.
	Council Member Haire, Chair, reported the school was responsible for installing this type of sign.
C.	Discussion of traffic flow on Cliffdale Road between McPherson Church Road and Morganton Road.
	Mr. Haire reported TIP would be reviewing this for inclusion in future projects.
D.	Discussion of proposed intersection improvements for Raeford Road\Cambridge Drive and Raeford Road\McPherson Church Road.
E.	Discussion of traffic flow on Morganton Road between McPherson Church Road and Northview Drive.
	Mr. Haire reported the NCDOT would be reviewing the intersections and the traffic flow.
14.	Update on hurricane debris pickup.
	Council Member Kirby inquired about the status of the hurricane debris pickup.
	Ms. Vera Bell, Chief Operating Officer for Solid Waste, stated that as of October 24 one complete resolution had been made throughout the City, and response was now being made to calls for pickup.
	Council Member Kirby inquired about the pickup of pine cones and straw.  Ms. Bell stated in the past leaves and pine straw had been picked up with leaf machines, but the leaf season had been deleted and now it would have to be separated.
	Council Member Kirby inquired if the City could not just pick it up.  Ms. Bell replied if she were directed to pick it up she would do that, but she had been informed that because we had not been declared a disaster area her department was to concentrate on picking up the larger items and containerization requirements would still be effective.
	Council Member Massey inquired if another revolution around the City would be done.  Ms. Bell responded that they were responding to areas they had tickets on and if there were any piles missed or any additional calls they were being picked up.
	A discussion was held regarding the pro and cons of containerizing leaves and pine straw.
	Mr. Stancil stated there were other options when a storm like this occurred.  He suggested taking the yard waste to somewhere other than the landfill so everything could be picked up and a tub grinder could be used.
	Mr. Stancil stated another possible solution would be to put out RFPs and use companies from out of state for picking up the debris thereby allowing the employees to continue to do their daily functions.  He stated an appropriation could be made from the fund balance.
	Council Member Keefe stated the directive from the Council was to clean up the debris and Mr. Stancil had mentioned that he had requested that if possible the citizens separate the leaves from the limbs, but there was never any indication that the City would pick and choose the refuse that would be picked up.
	Mr. Stancil stated there was a three-week period where the Council had directed the staff to pick up like that with two of those weeks not having a landfill fee.
	Mayor Pitts stated there had obviously been miscommunication on the deadline and he liked the idea of having someone come in to clean it up, but there had to be an education effort for the citizens in order for it to be successful.
	Council Member Haire asked for clarification on what was going to be picked up.
	Miss Bell stated that she needed to know what she was to pick up and if she was to pick up the leaves and pine straw then she needed to pull out the leaf machines because their function had been pulled out of the budget.
MOTON:	Council Member Haire moved that all debris that cannot be containerized be picked up within the next two weeks and that would include all debris on the curb, leaves, pine cones, pine straw and sticks.
SECOND:	Mayor Pro Tem Kendrick
	Mayor Pro Tem Kendrick inquired how would this be paid for because anytime a motion was passed money had to be allocated.
	Mr. Stancil stated it was his understanding a second sweep was in process and resources could be hired to speed it up.  He explained the problem was that now was the time of the year when people pulled debris to the curb all of the time, and the City could hire someone to pick up the limbs, but the pickup of the leaves would never end.
	Mr. Stancil stated he felt he should be able to get a cost and someone to remove the debris by the end of this week.
	Council Member Haire pulled his motion.
MOTION:	Council Member Haire moved that our Sanitation Department pick up all uncontainerized material within 30 days, but material that can be containerized should be containerized.
SECOND:	Council Member Gonzalez
	Council Member Keefe stated the Council had directed staff to explore FEMA funds, but this was an emergency situation and if it was necessary funds should be taken from the emergency fund.  He stated the motion would not take care of Council Member Kirby’s problem.
	Discussion was held regarding the clarity of the motion regarding the problem of containerized debris.
	Mayor Pro Tem Kendrick inquired if the cost would be around $100,000.00 for picking up the storm debris and anything laying out on the street.  Ms. Bell stated she could not say what it would cost without doing some research.
	Mr. Stancil stated that based on the current motion he would hire a contractor to pick up limbs and stuff, but not leaves or pine straw, and then when the amount of the tipping fee charges were determined, the Council would be informed as to the cost, but he would proceed with picking up the debris immediately.
	Council Member Haire withdrew his motion.
MOTION:	Council Member Kirby moved to pick up the debris left by the storm by whatever means we have to use to pick it up and to use some of the money from the reserve fund to pay a contractor or whatever Mr. Stancil was talking about and the pickup must be done in 30 days.
SECOND:	Council Member Keefe
VOTE:	PASSED by a vote of 8 in favor to 2 in opposition (Council Members Kendrick and Worthy with Council Member Fogleman unexcused)
15.	BOARDS AND COMMISSIONS:
A.	NOMINATIONS
1.	Parks and Recreation Advisory Commission - 7 vacancies – 6 nominations made - 1 nomination needed
	Ms. Pat Brown was nominated by Council Member Haire.
	Mayo Pro Tem Kendrick requested a review of the attendance policy.
2.	Wrecker Review Board - 1 vacancy - 1 nomination made
	No nominations were made.
3.	Historic Resources Commission - 6 vacancies (4 At-Large, 1 Category 1, and 1 Category 2) - 4 At-Large nominations made – 1 Category 1 nomination made - 1 Category 2 nomination needed
	Dorothy Finiello was nominated by Mayor Pro Tem Kendrick for the Category 2 position.
4.	Fair Housing Board - 3 vacancies (1 At-Large, 1 Attorney, and 1 Real Estate) - 3 nominations needed
	No nominations were made.
5.	Zoning Commission - 1 regular vacancy - 1 nomination needed
	Mr. David Hill was nominated by Council Member Gonzalez.
	Mr. Jack Cox was nominated by Council Member Keefe.
	Mr. Billy Manning was nominated by Council Member Worthy.
B.	INFORMATION
1.	Personnel Review Board - 3 vacancies - 2 Supervisor/Manager positions and 1 At-Large
C.	Fayetteville City Zoning Commission - 2 alternate vacancies
16.	Consider closed session for economic development.
MOTION:	Mayor Pro Tem Kendrick moved to go into closed session to discuss economic development.
SECOND:	Council Member Kirby
VOTE:	UNANIMOUS (10-0 with Council Member Fogleman unexcused)
	The closed session began at 10:38 p.m.
MOTION:	Council Member Smith moved to resume the regular session.
SECOND:	Council Member Kirby
VOTE:	UNANIMOUS (10-0 with Council Member Fogleman unexcused)
	The regular session resumed at 11:09 p.m.
MOTION:	Council Member Keefe move to adjourn the meeting.
SECOND:	Council Member Massey
VOTE: 	UNANIMOUS
INFORMATION ITEMS:
1.	Update on actions regarding Cheer Lane (Public forum concern of Patricia Carter).
2.	Statement of taxes collected for the month of September 2003 from the Cumberland County Tax Administrator.
2003 Taxes	$2,178,594.82
2003 Vehicle Taxes	241,701.30
2003 Revit	6,511.16
2003 Vehicle Revit	199.57
2003 FVT	27,949.39
2003 Storm Water	135,516.85
2002 Taxes	49,794.40
2002 Vehicle Taxes	51,841.62
2002 Revit	300.71
2002 Vehicle Revit	16.96
2002 FVT	6,590.22
2002 Storm Water	4,275.47
2001 Taxes	13,136.16
2001 Vehicle Taxes	2,570.12
2001 Revit	0.31
2001 Vehicle Revit	19.15
2001 FVT	444.28
2001 Storm Water	1,103.40
2000 Taxes	2,856.59
2000 Vehicle Taxes	1,227.39
2000 Revit	0.00
2000 Vehicle Revit	0.00
2000 FVT	256.63
2000 Storm Water	277.64
1999 and Prior Taxes	2,204.63
1999 and Prior Vehicle Taxes	2,136.93
1999 and Prior Revit	0.00
1999 and Prior Vehicle Revit	0.00
1999 and Prior FVT	481.83
1999 and Prior Storm Water	228.00
Interest	15,238.17
Interest (Revit)	28.49
Interest (Storm Water)	724.30
Fayetteville Discount (Current)	0.00
Fayetteville Discount (Revit)	0.00
Total Collections	$2,746,226.49
3.	Report of tax refunds less than $100.00
	Name	Year	Basis	City Refund
	Dickerson, Betty Patricia	1998-2002	Corrected Assessment	$ 82.15
	Pemberly Properties,	2003	Corrected Assessment	  55.99
	Total			$138.14
4.	Information from Time Warner Cable regarding changes in pricing and channel line-ups for the Fayetteville area.
5.	Report from NCDOT on funding for curb and gutter and drainage on NC 53 from I-95 to 0.2 mile east to create a five-lane section.
6.	Thank you from ElectriCities to PWC for assisting Elizabeth City and Hertford during Hurricane Isabel.
7.	Police Department – report from the Office of Professional Standards and Inspections for the months of August and September 2003.
8.	Airport Commission – minutes of August 19, 26, and September 30, 2003.
9.	Redevelopment Commission – minutes of June 11, 2003.
10.	CCBC Board Update of September 30, 2003.
11.	Update on ongoing annexation projects.
12.	PWC – minutes of September 10 and 24, 2003.
13.	PWC – monthly report from PWC Commission.
14.	FACVB – minutes of August 14 and September 11, 2003.
MOTION:	Council Member Smith moved to come out of closed session.
SECOND:	Council Member Kirby
VOTE:	UNANIMOUS (10-0 with Council Member Fogleman unexcused)
MOTION:	Council Member Keefe moved to adjourn the meeting.
SECOND:	Council Member Massey
VOTE:	UNANIMOUS (10-0 with Council Member Fogleman unexcused)
	The meeting adjourned at 11:10 p.m.
ANNEXATION PUBLIC HEARING
NOVEMBER 10, 2003
FAYETTEVILLE CITY COUNCIL
ANNEXATION PUBLIC HEARING
CROWN THEATER OFF U.S. 301
NOVEMBER 10, 2003
7:00 P.M.
Present:	Mayor Marshall B. Pitts, Jr.
Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Lois A. Kirby (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8)
Absent:	Council Members Darrell J. Haire (District 4) and Anne Fogleman (District 9)
Others Present:	Roger L. Stancil, City Manager
			Karen M. McDonald, City Attorney
			Jason Brady, Public Information Officer
			Janet C. Jones, City Clerk
			Members of the Press
	Mayor Pitts called the meeting to order.  The invocation was offered by the Reverend C. W. Thomas, Haymont Presbyterian Church, followed by Mayor Pitts leading in the Pledge of Allegiance to the American Flag.
	City Manager Roger Stancil began the Annexation Report for Phase 5 by presenting a map and an oral overview of the proposed annexation areas and a review of the North Carolina statutory requirements.
	He presented the demographics of the area as follows: (1) 18,037 acres, (2) 28.18 square miles, (3) contiguous (average of all areas 65.54 percent – statute requires 12.5 percent), (4) 15,769 housing units, (5) estimated 10.05 miles of streets transferred from DOT initially, and (6) total population – 43,602.
	Mr. Stancil reported the assessed real property value was $1,599,178,024.00, the estimated personal property value was $239,876,704.00, for a total estimated assessed value of $1,839,054,728.00.
	Mr. Stancil reviewed in detail the major municipal services which would begin June 30, 2004, to include police protection, fire protection, solid waste services, engineering and maintenance services, street and maintenance services, traffic services, inspection and planning services, street lighting, and recreation and parks.  He advised that within two years of the effective date of the annexation, the City would extend trunk water mains and sewer outfalls to the newly annexed areas.
	Mr. Stancil presented his projections for personnel additions and departmental operating budgets as well as the following estimated annual revenues:
Estimated Annual Revenues*
Property Taxes	$   9,307,699.00
Sales and Use Tax	4,149,200.00**
Powell Bill	937,020.00
Beer and Wine Tax	182,564.00
Utility Franchise Taxes	551,138.00
Cablevision Franchise	433,994.00
Enhanced 911 Fee	183,359.00
Other Revenue	400,622.00
Lost Revenue	(   __ 191,025.00)
TOTAL REVENUE	$15,954,571.00
*	In addition to the revenues above, the City will obtain capital lease financing of $9,929,086.00.
**	Per capita sales tax before county/municipal payments.
	Mayor Pitts reviewed the procedure to be used for the public hearing.  He stated due to the number of speakers, each person would be given three minutes to make a presentation and there would be no response made by the Council members.
	The public hearing opened at 7:20 p.m. with the following persons appearing and making comments on the annexation of Phase 5.
Ursula Hicks, 5631 Caspian Court
·	Taxation without representation.
·	Increased foreclosures.
·	Inner City and newly annexed areas in poor condition.
·	Inability of City to provide services to 43,000 additional citizens.
·	Annexation law needs to be changed.
·	No new services being offered.
Tim R. Gadbaw, 1221 Christina Street
·	Annexation decision has already been made for the dollars to be received.
·	No pay raises for City employees, but $750.00 raise for City Council and Mayor.
·	Vote for annexation traded for increase in compensation.
·	Consultants hired for $100.00 an hour waste of taxpayer dollars.
Larry L. Martens, 6864 Timbercroft Lane
·	Exercise in futility because vote has been decided.
·	City will not offer me anything I do not already have.
·	Currently have law and fire protection.
·	State and County maintains roads better than City maintains roads.
·	Sixteen-year wait for sewer not reasonable amount of time to receive service.
Dorothy Johnson, 6801 Mansfield Court
·	Citizens are on fixed incomes and out of work.
·	Fee of $9,000.00 not affordable.
·	Rural Housing Service Loans will no longer be available.
·	Should have free will to live where I would like to live.
·	Undemocratic.
·	City has no knowledge of what I can afford to pay.
·	Receiving good services now.
·	City has no right to make this decision for me.
Oland B. Little, 2009 Merrimac Drive
·	Have no representative.
·	Taxation without representation.
·	Denied right to vote.
·	Do not need City services or City taxes.
·	Elected officials not taking care of citizens’ concerns.
·	Full fee of $10,000.00 for assessments versus $2,800.00 in past annexation violates the equal
	 protection law under the U.S. Constitution.
·	Sixteen-year wait for services versus two years for other annexations.
·	Paying for two governments rather than one government.
·	Monthly cost for families from $75.00 to $100.00 in addition to the assessment.
Thomas Parent, 603 Dandridge Drive
·	Represent 16,000 plus voters who will not vote for you if annexation is approved.
·	Two separate issues:  (1) annexation and (2) sewer.
·	Too much to pay for trash can.
·	Previous sewer assessment about $2,700.00 was reasonable.
·	Based on grant dollars being made available to lower income families, request City to adopt a
	 resolution that says in the case of annexation no property is to be assessed a fee above $2,000.00.
·	Form a group to include citizens to do smart annexation plan.
·	Areas that have sewers should be left alone and City should go in other direction where it is needed.
Bernice Lerch, 777 Vagabond Drive
·	Robbed and lost everything.
·	Home not secured by the Police.
·	Cannot afford to pay the City $4,500.00.
·	Will try to pay even though a widow with a set income.
Kevin C. Jones, 422 Raynor Drive
·	Not here to fight annexation because of being surrounded by the City.
·	Proposed assessment unfair.
·	Advocate for military owners who cannot be present while defending our country.
·	Advocate for sick, elderly, disabled, limited income, and single persons.
·	Bought home and saved funds with basis of understanding of pending $3,000.00 sewer assessment
	when annexed.
·	Cannot sell home due to pending assessment of $10,000.00.
·	Lien financial burden to military owners who must sell homes.
·	Must pay taxes 16 years in our area before sewer will be received.
·	Annex in three phases so service can be obtained timely.
Richard Matthews, 6319 Rammock Drive
·	Have three septic tanks on Bingham Drive which will cost $75,000.00 to $100,000.00.
·	Lien more than value of property.
·	Not feasible to annex property.
Barbara Ursich, 2316 Furlong Place
·	Must sell four rental properties and invest outside of Cumberland County.
·	Sewer only new service provided to citizens.
·	Sixteen years too long to wait to receive service when taxes must be paid every year.
·	Foreclosures will increase in Fayetteville.
Patricia Turner, 4448 Oakmont Circle
·	Cannot afford sewer hookup and increased taxes.
·	Need to put whole neighborhood in the City.
·	Why leave vacant land out.
·	No problems with crime, fire, and law protection or garbage pickup.
Donald James Oakes, Sr., 2244 Riverdell Drive
·	Retired soldier working in this community.
·	Taxes incorrectly stated in annexation literature.
·	Burden to senior citizens.
·	Need to call in the $4.5 million loan to the Airborne Museum to help the elderly.
Ronnie L. Peele, 230 Bayfield Loop
·	County Commissioners are at fault.
·	Sheriff does not respond.
·	Septic tanks are failing.
·	Need to look at the need.
·	Commissioners bad guys and Council good guys.
·	More people need to vote.
Felix Simmons, 6721 Pin Oak
·	Neutral to annexation.
·	Maintenance of streets and roads will be a big problem due to number of potholes.
·	Slow annexation down and take care of all areas with good services.
·	Need to hold developers to strong standards.
·	City Council members the citizens’ stewards.
·	Council must take care of quality of life issues.
·	Do not annex if the services cannot be provided.
Gene Pegram, 1713 Gillespie Street
·	Opposed to annexation.
·	Own business property on Gillespie Street.
·	Per PWC representative, assessment will be $80.00 per linear foot for a total cost of $35,899.20
	plus hookup fees and other plumbing fees.
·	City should subsidize these charges.
·	City Council should support businesses and not hurt businesses.
Bobbie C. Swink, 1400 South Reilly Road
·	Opposed to annexation.
·	State’s authority to annex unclear as to orderly growth.
·	Current plan unsupervised chaos.
·	Major opposition to plan by citizens requires the plan to be brought back to the table.
·	Adverse effects for everyone.
·	Need bottom line cost figure per household published.
·	Lien of $10,000.00 detrimental to military families.
Thomas M. Franeberger, 6907 South Staff Road
·	House broken into three times while a citizen of the City of Fayetteville.
·	No break-ins at Gates Four in 15 years.
·	Been deployed numerous times to teach people how to get out of tyranny.
·	Unpopularity of annexation has not affected the Council.
·	Problem with lack of equal opportunity.
·	Drop in lifestyle.
·	Drop in market value of property.
David W. Tate, 5974 Lake Trail Drive
·	Against annexation.
·	Decision was made without my input.
·	Already have good law enforcement.
·	One man fire station is untrue - still protecting people.
·	Current fire department provides fire protection, and medical coverage.
·	Have sufficient trash collection, do not need a trashcan.
Richard West, 456 Carula Lane
·	Do not want to live in Fayetteville.
·	Services will be worse.
·	Shakedown of the County by the City.
·	Go into City on June 30, 2004.
·	Told taxes will not start until July 1, 2004.
·	Taxation without representation is wrong.
·	Council members do not listen or respond to citizens.
Charles Ragan, 2586 Adkins Hill Drive
·	Understand annexation laws of North Carolina.
·	Major economic shock to community due to job loses, insurance benefits cuts, wage reduction,
	medical prescription costs, extended military deployments.
·	City Manager has failed to prevent tax increase through use of the excess general fund.
·	Waste of tax dollars to hire consultants at a cost of $100.00 per hour and to print brochures.
·	Trust in City Manager is gone.
·	City Manager refused to tell the truth about annexation.
·	Need new zoning plans.
·	Publish neighborhood by neighborhood the smart growth plan so effects can be determined.
·	No recycling ordinance.
·	No forestry management ordinance.
·	No clear cutting ordinance.
·	City needs to clean its own house.
·	Why have the citizens not been informed about Senate Bill 914 which imposes more impact fees,
	development fees, taxes and governmental power.
·	Taxation is only plan of the City.
Robert Holton, 5808 Valhalla Court
·	Do not appreciate something being pushed down my throat.
·	Not governing, but rather dictating.
·	City does not have to annex.
·	Voters are speaking out.
·	Have no vote.
·	43,000 more votes will be cast in two years.
·	Think about your career.
·	Go back to Planning Board and annex what can be afforded.
·	City can keep crime, prostitutes, and drug dealers.
·	No sidewalks mentioned.
·	No parks mentioned.
·	Nothing for the elderly.
·	Only get promises.
Rita Rollins, 6850 Buttermere
·	Against annexation.
·	Cannot afford to be in City.
·	Barely get by each month now.
·	Cost at least $100.00 a month.
·	All boils down to money.
·	Think about impact on citizens.
·	Cannot afford City services.
George Butterfly, 1623 Gillespie Street
·	Annexation not morally right or principally sound.
·	Current City services under funded and poorly performed.
·	Will be erosion of tax base.
·	Will be taxed and assessed for services that are not wanted.
·	Everyone in County should decide the question of annexation.
·	Use partisan participation.
·	Take high ground.
·	Do what is right for all of the people.
·	Put this issue on a ballot, see result and go from there.
Patrick J. Carney, 2096 Lakeridge Drive
·	Petition in opposition presented to the Council.
·	American Flag represents freedom and liberty.
·	Military personnel lives are stressed by combat, increased taxes, and more bills resulting from
	annexation.
·	Taxation without representation.
·	Annexation gives cause to Boston Tea Party.
·	No septic or water problems.
·	Wanted to live in County not City.
·	Storm debris lying on curbs in City.
·	Newly annexed residents disappointed with City services.
·	Foreclosure rates highest in North Carolina as reported by The Fayetteville Observer.
·	No big bang annexation.
·	Annex in orderly manner.
·	Phase in approach is smart economic sense.
·	Vote against annexation.
Joy L. Brown, Blue Spring Woods Area
·	Concerned about how people on fixed incomes will afford the sewer fee.
·	Liens levied on homes that have been paid for and have no mortgage.
·	Possibility of loosing home for elderly.
·	Need to consider the people who cannot afford the fee.
·	Consider consequences for your actions when you vote.
James C. Pickett, 103 South Ingleside Drive
·	Cost of running 1,000 feet of sewage line is $200,000.00.
·	Do not understand.
·	Accepted I would one day be annexed.
·	Cost of $10,000.00 too much.
·	Do not want to be in City.
·	Sewage okay.
·	Cost too high.
·	Sewage is part of City taxes because PWC would not have leg to stand on without the City.
Louis Horton, 119 Horton Circle
·	Owner of Don’s Trash Service.
·	City will put small private trash haulers out of business.
·	City will create a monopoly.
·	Been in business for over 20 years.
·	Give people a choice of who to do business with.
·	City gives no choice.
·	City dictates who, where, and how your trash will be picked up.
Ralph Richardson, Stone Hinge Court
·	As Christian I respect civil authority even if I do not agree with it.
·	Not one smart growth statement applies to Gates Four.
·	None of the State’s three principles of annexation apply to the Gates Four community.
·	Would not be a vacant seat in the auditorium if not for military deployment and people believing this
	is a done deal.
·	Not a done deal because there is still time to change the boundaries of annexation.
·	Would like for the Council to admit the primary motive for annexation is not service, but rather it is
	money.
·	Most people moved into the County for a lesser tax burden.
·	City Council wise enough to reconsider this and to change their vote.
·	City should have conferred with the citizens of Cumberland County before considering annexation.
Rick Van Wy, 1413 Paisley Avenue
·	City offering urban services which already exist.
·	Have services already.
·	All about money.
·	Consideration should be given to the $400,000.00 loss to the Cumberland County School System
	as a result of annexation.
·	Change name of Fayetteville to Little California because the taxes would be equal.
Edward Clark, 5800 McDougal Drive
·	City’s money would be better spent on cleaning up existing City neighborhoods.
·	State law allows but does not mandate annexation.
·	Annexation should be reserved for upgrading of the rural area – already have quality of life.
·	City needs to learn to manage their money better.
·	City areas not maintained.
·	Newly annexed areas not up to established standards of service within the two-year time limit.
Ellis Ehle, Jr., P.O. Box 48121
·	Number one choice of the most important thing to consider when looking for a place to live is low
	crime.
·	Government’s first and foremost responsibility should be reducing crime.
·	Mayor Pitts states Fayetteville needs to be like Raleigh or Charlotte.
·	Median household income in the U.S is $69,500.00, $43,700.00 in Fayetteville, and $71,300.00 in
	Raleigh.
·	Fayetteville property and personal tax rates are three times the national average.  Raleigh property
	and personal crime rate equals the national average.
·	Fayetteville and Cumberland County property taxes are nearly double the amount of Raleigh and
	Wake County.
·	Fayetteville and Cumberland County has one of the highest tax rates in the State of North Carolina
	and the City Council needs to learn the meaning of no.
Harris S. Luther, III, 7538 Beverly Drive
·	City Council is telling me what is best for me.
·	Take care of myself after 20 years in the military.
·	Dissatisfied with the City Council.
·	Not opposed to annexation, but am opposed to annexation without a vote.
·	Not eminent domain when I am paying the City for the taking of my property.
·	Disgrace to the United States, the Constitution, and what the military stands for.
Christine Pavel, 2101 Birchcreft Drive
·	Fayetteville does not have money to pay for the services that were promised to the areas that were
	annexed years ago.
·	Why did the City hire a consultant at $100.00 an hour.
·	Has been unemployed for 1 1/2 years.
·	Unable to find a job in town after constantly looking.
·	Listen to the majority of citizens saying they cannot afford the sewer costs and do not need City
	services.
·	City wants young people to plant their roots in Fayetteville, but when they see how their parents are
	treated, they go the other way.
·	City needs to offer taxpayers a referendum on the issue and let them decide if they want to be
	annexed.
·	Taxation without representation.
Terry Lillich, 7717 Dorthwick Drive
·	City Council does not care that folks will leave the County and City to get away from annexation.
·	Lot of taxation on businesses.
·	City will not bend due to politics.
·	Will understand sheer force of voter.
·	City Council and City Manager will be eliminated by votes.
·	City bypassed section of the law regarding prerequisites of annexation.
·	City in default of North Carolina General Statutes.
·	Suggest proposed annexation area sue the City.
F. W. Healy, 6263 Lake Trail Drive
·	Did not move down from the North to bail out Fayetteville.
Jim Harrrelson, 2004 Pinewood Terrace
·	Been exposed to one of the railroad acts passed in the early 1800s and 1900s.
·	City Council’s credibility is in question.
·	The vote of 9 to 1 in favor of annexation was very impromptu.
·	Discussion of annexation by Council was kept secret.
·	Opposed to annexation because of timing and the vote for the annexation came before the newly
	elected City Council members could be seated.
·	City Council is playing with stacked deck.
·	City Council will find out in two years how many people are against annexation.
·	Would like to see at large candidates on the City Council.
·	Citizens need more say.
Rodney Shuler, 3257 Alforodo Street
·	Glad to see Council present for a change.
·	Attended informational meetings but did not see but two or three Council members.
·	This large area is being annexed because there is a possibility that the annexation law will be
	changed to where you have to ask communities if they want to be annexed.
·	City needs to annex those areas that are in worst shape and take care of them first.
·	Council is not looking at the big picture.
Cecil S. Down, 6838 South Staff Road
·	Did not have chance to vote in election of City Council members.
·	Annexation has been pushed on each and every citizen.
·	Everyone has stood up and protested what the City is doing.
·	If Council believes in the American way, they will not pass this foolish thing.
Larry Reaves, 3004 Brookcrossing Drive
·	If Council had anything to offer, people would be beating down their door trying to get annexed but
	they do not have that.
·	Annexation may be legally right, but it is not the right thing to do.
·	Bigger is not better in all cases.
Gary Murray, 6713 Pacific Avenue
·	Totally against annexation.
·	Believes it is obviously clear to the Council that this annexation is unfair to the 43,000 residents that
	are proposed to be annexed.
·	Council had opportunity on November 24, 2003, to show the people that they do care about what
	they say.
·	To 43,000 residents, make your voices heard in 2005 and fire everyone on this Council that is for
	annexation.
Ronald Adams, 5704 Vintais Court
·	Has seen a lot of good changes in Fayetteville since 1959.
·	Socialism does not work and that is what Council is trying to impose upon the citizens.
·	Have a chance to talk for 3 minutes but no chance to get answers to any questions.
·	Council should give a rebuttal.
·	Council should not be afraid of the public they serve.
·	Unable to park in a handicapped parking space in front of the building because it was blocked off.
Judith Wish, 6858 South Staff Road
·	Questioned the rationale for annexation.
·	Questioned why we have no say in this annexation.
·	Do not believe the urban areas are densely populated.
·	Annexation is wrong.
·	Newly installed sewer system costs $7,500.00.
·	Council’s promises need to be in writing.
·	Staff should not make decisions for the people.
·	Council should exercise their right as elected officials.
Peter Wish, 6858 South Staff Road
·	Have problem with the statutory requirements dealing with density population.
·	City’s density figure is 3.18 per acre.
·	Outside of the City, the density figure is 3.47 per acre.
·	Maps show acreage but not population.
·	Will go out on limb and say the City’s population density figures are incorrect.
·	Lawyers will be looking at this issue.
·	Do not really believe this is a done deal because Council will vote on November 24, 2003.
Rich Fleener, 7708 Dundennon Drive
·	Has everything he needs.
·	City does not have enough money to spend, needs to get it from us.
·	Some places with problems may need to be annexed.
·	Do not need or use parks.
·	Main reason for annexation is City wants citizens’ money to build monuments and trophies for
	themselves.
·	Considered greed.
Jim McKnight, 1560 Grassy Branch Drive
·	Most ridiculous thing in my lifetime.
·	Council and staff have not said anything at meeting and tonight’s forum.
·	City has not given answers to questions.
·	Not an urban area.
·	Proposed annexation area has largest contingent of military people in Cumberland County.
·	Do not want to make military decision makers angry.
·	City biting off more than it can chew.
·	County has all the services the City offers.
·	Will not vote for current Council members.
·	Juanita Gonzalez will be the only Council member left.
Mary Catherine Allen, 6790 Longparrish Court
·	Active military husband unable to attend because he is serving his country.
·	Major criteria of safety, schools, and sanitation determined the purchase of their home.
·	Feels safe in Cumberland County as opposed to friends in the City.
·	Subdivision already has City sewer.
·	Already have better trash service.
·	Not opposed to annexation or restoration of Fayetteville or those who want to better the
	community but strongly opposed to the amount of the annexation of a community of 43,000 people.
·	Plan is too aggressive.
·	Needs to be smart annexation.
·	Many military and fixed income people in area.
·	Rethink and change current plan and do in a phased approach.
George Scott, 1795 Hampton Oaks Drive
·	Soldiers in Iraq now fighting for the right to vote and have a voice.
·	City telling citizens they do not have the right to vote.
·	Is not right.
·	What does American in “All American City” mean.
·	Americans vote on the right to vote.
·	City Council in violation of American foundations and principles.
·	City not meeting state statutory requirements.
·	Lawsuits against this.
·	City imposing something on people that they do not want and did not ask for.
·	Like a Boston Tea Party when citizens fought against Parliament to get away from this type
	governing laws and tactics.
·	Single person not charged less.
·	People on fixed income.
·	People will lose their homes.
Rick Richardson, Northwood Estates
·	Spent 30 years in the military.
·	Did not fight for Socialistic government.
·	People run the government.
·	To run the government need to boycott their services, the lawyers, and the Trophy House services.
·	Do not use the services of those people sitting up there.
·	This will get their attention.
·	Only way to wake up these folks is to hit their pockets like they are hitting our pockets.
·	Will be class action lawsuit win or lose.
	Mayor Pitts closed the public hearing at 9:39 p.m.
MOTION:	Council Member Massey moved to adjourn the meeting.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (10-0)
	The meeting adjourned at 9:40 p.m.
REGULAR MEETING
NOVEMBER 17, 2003
FAYETTEVILLE CITY COUNCIL
REGULAR MEETING
CITY HALL COUNCIL CHAMBER
NOVEMBER 17, 2003
7:00 P.M.
Present:	Mayor Marshall B. Pitts, Jr.
Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois A. Kirby (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Anne Fogleman (District 9)
Others Present:	Roger L. Stancil, City Manager
			Karen M. McDonald, City Attorney
			Tiffanie W. Sneed, Assistant City Attorney
			Jimmy Teal, Chief Planning Officer
			Tom McCarthy, Chief of Police
			James Hall, Fire Chief
			Robert Barefoot, Chief Operating Officer for Engineering and Maintenance
			Vera Bell, Chief Operating Officer for Solid Waste
			Tom McNeill, PWC Director of Business, Planning, and Development
			Jason Brady, Public Information Officer
			Janet C. Jones, City Clerk
			Members of the Press
INVOCATION - PLEDGE OF ALLEGIANCE
	The invocation was offered by Reverend Garfield Griffin, Saint Luke’s African Episcopal Church, followed by Mayor Pitts leading in the Pledge of Allegiance to the American Flag.
RECOGNITION:
Presentation of Proclamation in special recognition of our Fire Department’s History Room located in Fire Station #2.
	Council Member Kirby presented a Proclamation declaring Monday, November 17, 2003, to be Fire Department History Room Recognition Day to Captain Greg Arnette, Lt. Ron Propst, Assistant Chief Mike Allen, and Firefighter Chris Harrison.  She thanked them for having the vision, collecting the artifacts, and developing the History Room which reflected the history of the Fayetteville Fire Department.
MAYOR’S ANNOUNCEMENTS:
Special Events
	Mayor Pitts reviewed the special events calendar.
1.	Reconsider decision on one-year extension of commercial garbage franchise.
MOTION:	Council Member Worthy moved to reconsider this item to be put on the agenda at a later time.
SECOND:	Council Member Massey
VOTE:	PASSED by a vote of 9 in favor to 1 in opposition (Council Member Fogleman)
2.	APPROVAL OF AGENDA
	Mayor Pitts requested to amend Item 12 by changing the location of the meeting from Westover High School to City Hall.
MOTION:	Mayor Pro Tem Kendrick moved to approve the agenda with the amendment.
SECOND:	Council Member Smith
VOTE:	UNANIMOUS (10-0)
3.	CONSENT:
MOTION:	Council Member Fogleman moved to approve the consent agenda.
SECOND:	Council Member Kirby
VOTE:	UNANIMOUS (10-0)
	The following items were approved:
A.	Approve minutes:
1.	Regular meeting of October 27, 2003.
B.	Certify official election results for the municipal primary election on October 7, 2003.
C.	Approve the following financial matters:
1.	Tax refunds greater than $100.00.
	Name	Year	Basis	City Refund
	American Express Business	2001	Corrected Assessment	$  145.98
	  Finance Corp.
	Gibson, Martyn and	1999-2002	Clerical Error	 4,890.37
	  Barbara N.
	Total			$5,036.35
2.	Capital Project Ordinance 2004-3 (Fayetteville Linear Park Corporation).
	The Corporation is receiving donations for the Linear Park Project.  This capital project ordinance will formally establish the Fayetteville Linear Park budget so the project may proceed.  The Corporation has received approximately $54,000.00 to date.
3.	Capital Project Ordinance Amendment 2004-2 (Fayetteville Festival Park).
	Additional donations are expected for the Fayetteville Festival Park.  This capital project ordinance will increase the Fayetteville Festival Park budget so the project may continue.
4.	Special Revenue Ordinance 2004-5 (P2P Grant).
	The North Carolina Governor’s Crime Commission has awarded Robeson County funding for the I-95 Corridor P2P Grant.  The City of Fayetteville, along with other neighboring law enforcement agencies, is a sub-recipient of this grant.  The project will provide instantaneous data sharing between participating law enforcement agencies to assist law enforcement efforts.  The City of Fayetteville’s portion of this grant is to fund the cost for the City’s participation in this project.  The project will be funded 75 percent by Governor’s Crime Commission ($55,995.00) and 25 percent by General Fund Local Match ($18,665.00).
5.	Special Revenue Ordinance 2004-6 (2003 Local Law Enforcement Block Grant).
	The U.S. Department of Justice has awarded the City of Fayetteville funds for the FY 2003 Local Law Enforcement Block Grant.  The funds will be used to purchase computer equipment such as two network servers, a firewall bundle, eight computers and seven printers for the Police Department.  The project will be funded 90 percent by the U.S. Department of Justice ($112,037.00) and 10 percent by General Fund Transfer ($12,449.00).
6.	Special Revenue Ordinance 2004-7 (Homeland Security Grant).
	This grant will be used to fund police officer overtime during homeland security training sessions and other law enforcement activities that are designed to assist in the prevention of acts of terrorism and other violent and drug-related crimes.  The project will be funded 75 percent by the U.S. Department of Justice ($219,581.OO) and 25 percent by Federal Forfeiture Funds ($73,193.00).
7.	Special Revenue Ordinance 2004-8 (FY 2004 Operation Ceasefire Project).
	The North Carolina Governor’s Crime Commission has awarded the City of Fayetteville a grant to purchase equipment related to the operation ceasefire program.  The project will be funded 100 percent by the Governor’s Crime Commission ($12,800.00).
8.	Special Revenue Ordinance 2004-9 (FY 2004 Operation Ceasefire Media Blitz).
	The North Carolina Governor’s Crime Commission has awarded the City of Fayetteville a grant to raise public awareness about the operation ceasefire program.  The project will be funded 100 percent by the Governor’s Crime Commission ($30,000.00).
9.	Special Revenue Ordinance Amendment 2004-5 (FY 2001 Local Law Enforcement Block Grant).
	This amendment will appropriate the interest earned on funds received for the FY 2001 Local Law Enforcement Block grant awarded by the U.S. Department of Justice.  The grant requires all interest earned on grant funds to be used for the project funded by the grant.  This grant was used to fund the Mobile Data Computer project.
D.	One-year lease of the second floor at 222 Hay Street to the Hispanic/Latino Center, Inc.
RESOLUTION NO. R2003-085.
E.	Award of construction contract for Phase 2 of Round-A-Bout/Festival Park to J. W. Cook in the amount of $267,450.00.
	Bids were received as follows:
	J. W. Cook (Whiteville, NC)	$267,450.00
	Metcon (Lumberton, NC)	$277,000.00
	Nortec Construction (Fayetteville, NC)	$312,058.85
	Paul Howard Construction (Greensboro, NC)	$384,041.00
	Valley Crest (Morrisville, NC)	$461,248.00
F.	Request for legal representation in the case of Misti Dawn Williamson v. City of Fayetteville, et al., 03 CVS 7291.
	City Attorney Karen McDonald requested that Council authorize legal representation for James Nolette who was operating within the scope and course of his employment as a Police Officer at the time the alleged incident occurred.
G.	Approve the following rezoning recommendations:
1.	Case No. P03-39F.  Rezoning from R5 Residential District to M2 Industrial District or to a more restrictive zoning classification for a portion of the property located at 421 Racepath Street.  Containing .50 acres more or less and being the property of Nellie M. Mozingo as evidenced by deeds recorded in Deed Books 2842, 2852, and 3064, pages 203, 204, 205, 614, 235 and 236 respectively, Cumberland County Registry.
2.	Case No. P03-46F.  Rezoning from C3 Commercial District and R6 Residential District to C1 Commercial District or to a more restrictive zoning classification for property located on Yadkin Road.  Containing .45 acres more or less and being the property of Yong Sul-Wang as evidenced by deed recorded in Deed Book 5007, page 0476, Cumberland County Registry.
3.	Case No. P03-47F.  Rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for property located at 2021 Hope Mills Road.  Containing .28 acres more or less and being the property of Donald S. and Lesley D. Madonia as evidenced by deed recorded in Deed Book 5168, page 0722, Cumberland County Registry.
4.	Case No. P03-48F.  Rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for property located at 2017 Hope Mills Road.  Containing .24 acres more or less and being the property of Walter H. and Julia D. Warfel as evidenced by deed recorded in Deed Book 6273, Page 0814, Cumberland County Registry.
4.	PUBLIC HEARINGS:
A.	Case No. P03-40F.  Consider amendments to Sections 25-1, 25-4(1), 25-4(2), 25-4(2)(a), 25-5(a), 25-31(7)d, 25-31(9), 25-31.c.2, 25-32(4), 25-33.f(4) and 25-61(1) of the Fayetteville Code of Ordinances, Chapter 25, Subdivision, to be amended for clarification and consistency with the North Carolina General Statutes.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  He recommended adoption of the amendments, which would make the ordinance consistent with the North Carolina General Statutes.  He explained professional land surveyors were not being given additional authority, but the amendment would make the City’s ordinance comply with the statutes.
	This is the advertised public hearing set for this date and time. The public hearing opened at 7:24 p.m.
	Mr. Mark Seffels, a professional land surveyor, 1113 Faison Avenue, Fayetteville, NC, appeared in favor of the amendment.
	There was no one further to speak and the public hearing closed at 7:25 p.m.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE TO AMEND CHAPTER 25, ENTITLED SUBDIVISIONS, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA.  ORDINANCE NO. S2003-016.
MOTION:	Mayor Pro Tem Kendrick moved to approve.
SECOND:	Council Member Fogleman
VOTE:	UNANIMOUS (10-0)
B.	Case No. P03-38F.  Consider the rezoning from C1P Commercial District to C3 Commercial District or to a more restrictive zoning classification for property located at 1780, 1782, and 1786 Bingham Drive.  Containing 2.14 acres more or less and being the property of Albert Lee Draughton and wife, Mary, as evidenced by deed recorded in Deed Book 4203, page 0220, Cumberland County Registry.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  He reviewed the history of the rezoning request, which had been appealed from an October 14, 2003, decision.  Mr. Teal reported the Zoning Commission recommended split zoning with the front portion of the property remaining C1P and the back portion of the property being rezoned to C3 Commercial District.  He reported the staff recommended denial of the C3 because this property was surrounded by residential uses and was recommended for development as low-density residential in the 2010 Land Use Plan.
	This is the advertised public hearing set for this date and time. The public hearing opened at 7:37 p.m.
	Mr. Albert L. Draughon, 1864 Bingham Drive, Fayetteville, NC, appeared in opposition to the split zoning.  He stated when the road was widened by the State he would not have adequate parking due to the setback required in a C1P district.
	There was no one further to speak and the public hearing closed at 7:45 p.m.
MOTION:	Council Member Worthy moved to follow the staff recommendations.
SECOND:	Council Member Fogleman
	A discussion was held regarding the fact that Mr. Draughon was annexed into the City and now was a nonconforming legal use under City Zoning and would be unable to expand his current business.
	Council Member Keefe expressed his opinion that a business person had the right to do business as it was done in the County prior to annexation.
SUBSTITUTE MOTION:
Council Member Keefe moved to approve the C3 zoning district.
	City Attorney Karen McDonald stated a substitute motion could not be made in direct opposition to the original motion.
	Council Member Fogleman withdrew her second to the original motion.
	Further discussion was held.
MOTION:	Council Member Worthy moved to zone the front C1P and the back C3.
	The motion died due to lack of a second.
MOTION:	Council Member Keefe moved to approve the rezoning request of Mr. Draughon for C3 for the entire parcel.
SECOND:	Council Member Gonzalez
VOTE:	PASSED by a vote of 8 in favor to 2 in opposition (Council Members Kendrick and Fogleman)
C.	Case No. P03-42F.  Consider the rezoning from C1P Commercial District to C1 Commercial District or to a more restrictive zoning classification for property located along Hope Mills Road.  Containing 5.89 acres more or less and being the property of Craig Anderson as evidenced by deed recorded in Deed Book 4790, page 0150, Cumberland County Registry.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  He reviewed the history of the rezoning request for this property, which had been annexed June 30, 2003.  Mr. Teal reported the Zoning Commission and the Planning staff recommended denial of the C1 Commercial District.
	This is the advertised public hearing set for this date and time. The public hearing opened at 7:57 p.m.
	Mr. Andy Anderson, 1517 Hope Mills Road, Fayetteville, NC, appeared in favor of the rezoning.  He reviewed the history of the land and expressed his concerns about the setback requirements, which would deny him use of part of his land.  Mr. Anderson inquired how economic growth could be promoted when land use was restricted and this was all the land there was.  He stated the City needed a greater tax base and rezoning it would accomplish that.
	Mr. Mary Morrow. 5010 Ashton Road, Fayetteville, NC, appeared in opposition to the rezoning.  She stated her quality of life was being interfered with and she wanted more buffer between her home and the property.
	There was no one further to speak and the public hearing closed at 8:08 p.m.
MOTION:	Council Member Worthy moved to approve C1.
SECOND:	Council Member Gonzalez
	Council Member Fogleman stated she could not ignore the recommendation of the Zoning Commission and the Planning staff.
	Council Member Keefe stated these were extenuating circumstances and when the City forced annexation of areas it could not put everyone out of business, but instead the City must work with business people.
VOTE:	PASSED by a vote of 7 in favor to 3 in opposition (Council Members Fogleman, Kendrick, and Massey)
D.	P03-43F.  Consider the rezoning from R5 Residential District to C3 Commercial District or to a more restrictive zoning classification for property located at 612 and 614 Hillsboro Street.  Containing 0.73 acres more or less and being the property of D. McAllister, J. Dixon, B. Hart and R. O. Everett as evidenced by deeds recorded in Deed Books 3367 and 0298, pages 0447 and 0440 respectively, Cumberland County Registry.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  He reviewed the current land use, the current zoning, and the 2010 Land Use Plan which recommended high-density residential.
	Mr. Teal informed the Council that both the Planning staff and the Zoning Commission had recommended denial of the C3 rezoning request.
	This is the advertised public hearing set for this date and time. The public hearing opened at 8:16 p.m.
	Mr. Joseph S. Canady, 1580 John McMillan Road, Fayetteville, NC, appeared in favor of the rezoning.  He stated he had purchased the property, which had been vacant for 30 years, and wanted to use it for landscaping storage which would require C3 zoning.
	Reverend Garfield Griffin, 522 Hillsboro Street, Fayetteville, NC, a representative for Saint Luke’s African Episcopal Church, appeared in opposition.  Mr. Griffin stated he felt the landscape storage would cause public deterioration, and he requested the Council deny the rezoning request.
	Mr. Joseph Canady appeared in rebuttal and stated he felt the usage was for the betterment of the City because the lot had been full of trash prior to his taking over the property.
	There was no one further to speak and the public hearing closed at 8:25 p.m.
	Mayor Pitts advised Mr. Canady that there had been a letter of opposition distributed to the Council by members of the neighborhood.
MOTION:	Council Member Smith moved to follow the recommendations of the staff and deny the rezoning.
SECOND:	Council Member Fogleman
VOTE:	UNANIMOUS (10-0)
5.	Discussion of City service levels for current City limits and plans for annexation.
	City Manager Roger Stancil presented this item.  He reported on the impact of annexation on municipal services to current residents.  Mr. Stancil stated there were two questions that needed to be addressed:  (1) does annexation negatively affect services to the current City and (2) can the City provide the necessary services set forth in the statutes.
	Mr. Stancil stated the Phase V Annexation Plans met the goals of the 1994 Plan and the City and County had acted in good faith and had spent a significant amount of money bringing the areas with the biggest problems into the City.
	Mr. Stancil reported that the Smart Growth Plan would allow the City to get ahead of development and avoid continuing problems of the past, especially with drainage and sewer, and would reinforce the Air Quality Improvement Plan of the County to avoid non-attainment, which would kill economic development.
	Mr. Stancil stated fiscal issues were involved in this process and extension of the infrastructure would recoup investments of $126 million made by PWC and the current water and sewer customers over many years, focus resources on need, and mitigate the County’s sales tax loss.  Mr. Stancil stated Cumberland County and Cumberland County Schools would receive no less amount of sales tax after annexation than before.
	Mr. Stancil stated annexation would be a solution to the challenges of urbanization, would be a move toward citizen mandated metro government, and would diminish the need for the subsidy of $12.5 million for the County’s budget for sheriff’s patrol, County planning, County inspections, and County fire marshal by City residents.
	Mr. Stancil stated that this annexation would avoid biennial disruption of voting districts and protect the integrity of the Voting Rights Act.
	Mr. Stancil presented historical data regarding the services that had been provided in past annexations in the Police and Fire Departments, Parks and Recreation Department, Solid Waste Department, and Inspections Department.
	Mr. Stancil stated the following lessons had been learned:
(1)	Specific situations/issues in proposed areas needed assessment prior to effective date of annexation;
(2)	There was a need to get ahead of development to reduce future retrofitting costs; and
(3)	Entire neighborhoods did not need to be disrupted with lengthy construction projects.
	Mr. Stancil informed the Council that since 1992 the City of Fayetteville had assessed 7,306 water and sewer assessments in annexed areas and there had only been eight foreclosures with six of those being vacant property of which five were owned by one person who did not want the property.
	Police Chief Tom McCarthy reported that his Department had been creative and had designed a plan that would maintain the same level of services.  The plan consisted of good recruiting and training, redesigning the structure of the City by removing the airport zone and adding 7 new police zones for a total of 26 zones with 13 zones each in the Campbellton and Cross Creek Districts.
	Chief McCarthy further reported there would be 26 police officers on each 12-hour shift, which would allow 4 extra hours of work each week for each officer and there would be 7 additional people on each shift.  He stated overtime would be offered to the police officers on a volunteer basis.  Chief McCarthy stated he had confidence that his Department could provide the necessary services all over the City.
	Fire Chief James Hall reported that enhanced response time would not be a problem.  He reviewed the requirements for response time and reviewed the coverage of the Volunteer and City Fire Departments throughout the proposed annexation areas.
	Chief Hall stated there would be a new fire station in Area 1 which meant 2,400 buildings would be within 1.5 miles of a fire station, and this would improve service.
	Chief Hall stated if the City contracted for full-provider services with Lafayette Village, Lake Rim, and Stoney Point, there would be little effect on current services.  He reported there would be an addition of 15 firefighters, 3 battalion commanders, and 2 fire inspectors.
	Chief Hall reviewed the fire coverage in other annexed areas.  He stated there would be little effect on the coverage because the areas were currently covered by the City through agreements with the County.
	Mr. Robert Barefoot, Chief Operating Officer for Engineering and Maintenance, reported on street maintenance in the newly annexed area.  He stated the staff had driven the roads in the area and had evaluated and made preliminary assessments of the 121 miles of existing streets.  He stated the functions of his Department were pothole repairs, crack sealing, drainage and resurfacing.
	Mr. Barefoot stated the standard for pothole response would be the same 24-hour requirement that was currently used in the City.
	Mr. Barefoot reported the current staffing ratio was one employee per 18 miles of population and the resources and staff that had been requested for the annexed area was equivalent to the current ratio or slightly greater.  He pointed out that all new staff positions being requested would be in field operations.
	Mr. Barefoot informed the Council that all of the streets in this area were currently being maintained by NCDOT and in order to maximize the City’s resources an agreement had been made with NCDOT whereby the state would continue to own the streets with the City performing the daily and routine maintenance and service.  Mr. Barefoot stated this would give the same level of service while NCDOT would be responsible for resurfacing within their budget.  Mr. Barefoot reported that when the streets were brought up to City standards they would be transferred to the City.
	Mr. Barefoot stated the City, State, and PWC were coordinating a planned resurfacing schedule so that no resurfacing would be done one year with water and sewer being put in the next year.
	Mr. Barefoot stated he was confident these services could be provided to the current City as well as the newly annexed area.
	Ms. Vera Bell, Chief Operating Officer for Solid Waste, stated she believed Solid Waste could provide services in the newly annexed area.  She stated the statutes required the City to contract with private haulers for two years to provide core services of weekly household garbage and yard waste pickup.
	Ms. Bell stated her budget request was based on the current services provided and benchmarked for approximately 43,000 current City residents for bulk items and limb pickup in 2000.
	Ms. Bell stated that five private haulers provided garbage service pickup with three of those haulers currently offering service in the annexed area.
	Ms. Bell stated that the City was now making pre-arrangements for someone else to service emergency situations in lieu of using current staff.
	Ms. Bell stated she felt that her Department currently provided good services and that the service would continue to be good when the proposed area was added because they would be working with the current providers in the annexed area.
	Mr. Tom McNeill, PWC Director of Business, Planning, and Development, stated PWC would continue to provide urban services to areas it was currently serving and would remain committed to achieving the annexation plan.  He reported that PWC had installed infrastructure and over 93 miles of sanitary sewer collection lines at a cost of over $88 million and had expanded wastewater plants.
	Mr. McNeill stated to provide service to the 8,000 plus homes in need of sewer would result in only a small dent being made in the current capacity of PWC.  Mr. McNeill reviewed the benefits which PWC would receive from the current annexation expansion plan and the financial aspects of providing service to the area.
	A discussion was held with Council members inquiring about the financial consequences to the citizens, the basis to be used for assessments, the timeframe for payment of the assessments, police and fire protection, the effects of annexation on the Cumberland County school system, the soil street plan, the difference between the fiscal and calendar year for tax purposes, and the reduction of the reserve funds from $6 million to $3 million.
6.	Presentation on proposed changes to the Public Transportation System.
	City Manager Roger Stancil suggested this item be deferred.
MOTION:	Council Member Smith moved to defer this item to a later date.
SECOND:	Council Member Fogleman
VOTE:	PASSED by a vote of 9 in favor to 1 in opposition (Council Member Keefe)
7.	Consider water and sewer assessment policy.
	Mayor Pitts stated this proposed policy, which would set a cap of $5,000.00, was being considered because of the citizens and Council’s concerns about the amount of the assessment for sewer when property was annexed under Phase V in 2004.
	Mr. Stancil stated the intent of the new policy was to set a cap and did not apply to new development because that was a developer cost.  He explained the City’s current policy was if a citizen did not have and wanted PWC services, they would have to petition for the services and pay 100 percent of the cost.
	Mr. Stancil stated in the case of public health and safety issues the proposed policy would allow the Council to decide how the costs would be split when the project had been completed.
	Mr. Stancil further explained that the revised policy would allow a plan to be adopted by the Council for extending water and sewer to the urban area and such extensions would not be ordered unless the Council had developed a funding strategy that allowed the City to assess the property owner an amount equal to the most recent assessment for such service adjusted for inflation, not to exceed $5,000.00.
MOTION:	Council Member Worthy moved to accept the policy as set forth and discussed.
SECOND:	Council Member Fogleman
	Council Member Keefe stated he appreciated the intent of the policy, but it did not specifically mention residential or business and he did not see why this had not been extended to businesses as well.
SUBSTITUTE MOTION:
Council Member Keefe moved to include both existing residential and business in the policy.
SECOND:	Council Member Haire
	Mr. Tom McNeill, PWC Director of Business, Planning, and Development, explained that in the past commercial establishments had paid the same as the residential if looked at as an average per foot basis of 90 feet.  Mr. McNeil stated that some businesses had more than 90 feet frontage and to be equitable there needed to be a charge to commercial based on frontage.  He stated that on the most part commercial property already had sewer because of their location and need to operate.
	Council Member Keefe stated he felt businesses in a newly annexed area should be considered the same as residential.
	Mr. Stancil pointed out this policy would not apply to new development.
	Mr. McNeill stated that if the Council wanted to give businesses the same discount as the residential customer, it could still be based on front footage, but not cap it at $5,000.00, and rather have the rate the same but have it still be based on frontage.  He explained that to be equitable, commercial and everything not single-family residential should be the same rate per front foot but the residential should be capped at an average of 90 feet frontage with the commercial or apartment complex being based on a minimum of 90 feet plus additional fees for more footage.
	Council Member Keefe inquired if the P2 and P4 would be essentially the same as residential.  Mr. McNeill replied in the affirmative.
	Mr. Stancil stated if Council Member Keefe could state his intent, he would come back with the policy reworded.
	Council Member Keefe stated he would like to charge the staff to come back with a policy with fees based on front footage for business and residential not to exceed $5,000.00.
	Council Member Worthy stated he wanted the cap to be set tonight so the citizens could know what their assessment was going to be.
	Council Member Keefe withdrew his first substitute motion.
SUBSTITUTE MOTION:
Council Member Keefe moved to include any business in the newly proposed annexed areas that required sewer and had less than 90 feet of front footage in this $5,000.00 cap.
SECOND:	Council Member Worthy
	City Attorney Karen McDonald stated Council Member Worthy could not second the substitute motion when he had been the maker of the original motion, and Council Member Fogleman as seconder of the first motion would need to do that.
	Mr. Stancil inquired if the Council could adopt this policy and direct the staff to develop a second policy which would deal with this issue.
	Council Member Keefe withdrew his second substitute motion.
ORIGINAL MOTION VOTE:
UNANIMOUS (10-0)
MOTION:	Council Member Keefe moved to have staff consider businesses not to exceed 90 feet frontage to be considered in the $5,000.00 cap.
SECOND:	Council Member Massey
VOTE:	UNANIMOUS
8.	Consider petition policy for extension of water and sewer.
MOTION:	Council Member Keefe moved to direct PWC not to extend water mains and/or sanitary sewer mains for development of properties that are contiguous with the corporate limits of the City of Fayetteville or are located within that portion of the Urban Services Area shown as a Petition Zone on the Fayetteville/Hope Mills Municipal Study map without petition to the City of Fayetteville.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (10-0)
9.	Case No. P03-44F.  Consider the rezoning from R6 Residential District to C1 Commercial District or to a more restrictive zoning classification for property located at 2237 Jumalon Street.  Containing 0.82 acres more or less and being the property of Alfred J. and Carmencita E. Bost as evidenced by deed recorded in Deed Book 0705, page 0162, Cumberland County Registry.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.
MOTION:	Mayor Pro Tem Kendrick moved to rezone to P2.
SECOND:	Council Member Smith
VOTE:	UNANIMOUS (10-0)
10.	Consider items for referral to the City-County Liaison Committee (meeting to be held December 4, 2003).
	Council Member Haire requested to add progressive efforts with gateways.
	Council Member Keefe requested to add public transportation.
11.	Consider setting permanent dates for biannual meetings with the Cumberland County Board of Commissioners.
MOTION:	Council Member Worthy moved to set the biannual meetings for the second Tuesday of April and October of each year and to cancel the November 25, 2003, joint meeting.
SECOND:	Council Member Kirby
VOTE:	UNANIMOUS (10-0)
12.	Consider December meeting schedule for City Council:
A.	Set special meeting for December 1, 2003, at City Hall.
B.	Cancel December 8, 2003, regular meeting.
C.	Set special meeting for December 15, 2003, to consider regular items of business.
D.	Cancel December 22, 2003, meeting.
E.	Adopt resolution.
RESOLUTION AND NOTICE OF INTENT TO CLOSE JACKSON AVENUE.  RESOLUTION NO. R2003-086.
MOTION:	Council Member Kirby moved to approve Item 12.
SECOND:	Mayor Pro Tem Kendrick
VOTE:	UNANIMOUS (10-0)
13.	BOARDS AND COMMISSIONS:
A.	Appointments
1.	Parks and Recreation Advisory Commission – 7 vacancies – 8 nominations made
	The following appointments were made by acclamation:
Ms. Lorenzia Wright
Mr. Larry Clubine
Mr. Christopher "Tiff" Hopkins
Mr. Darren Thompson
Ms. Clementine White
Mr. Hank Debnam
Mr. Thomas McLamb
2.	Wrecker Review Board - 1 Chairman vacancy - 1 nomination made
	Mr. Richard H. Earle was appointed to the Chairman vacancy.
3.	Historic Resources Commission - 6 vacancies (4 At-Large, 1 Category 1, and 1 Category 2) - 6 nominations made
	The following appointments were made by acclamation:
	At-Large:
	Ms. Annette Billie
	Mr. Marshall Isler
	Mr. Kenneth Suggs
	Mr. Jerry Fachet
	Category 1 – Licensed Registered Architect:
	Mr. Chris Kuenzel
	Category 2 – Historic Preservationalist or Cultural Historian:
	Ms. Dorothy Q. Finiello
B.	NOMINATIONS
November Vacancies:
1.	Fair Housing Board - 3 vacancies - 1 At-Large, 1 Attorney, and 1 Real Estate
	Council Member Smith nominated Ms. Glorius Fowler for the at-large position, Ms. Cheri Siler-Mack for the attorney position, and Mr. Don Talbot for the real estate position.
2.	Zoning Commission - 1 vacancy
	Mr. David Hill was nominated by Council Member Gonzalez.  Mr. Jack Cox was nominated by Council Member Keefe.  Mr. Billy Manning was nominated by Council Member Worthy.  Mr. Warren Copenhaven as nominated by Council Member Kirby.
December Vacancies:
1.	Personnel Review Board – 3 vacancies – 3 nominations needed
	No nominations were made.
2.	Fayetteville Zoning Commission – 2 alternate vacancies – 2 nominations needed
	Mr. Henry Clark was nominated by Council Member Smith.
3.	Fayetteville Redevelopment Commission – 3 vacancies (5-year terms) - 3 nominations needed
	Mrs. Elizabeth Copenhaver was nominated by Council Member Kirby.  Mrs. C. T. Greene was nominated by Council Member Haire.  Ms. Mary Hales, Mr. Delvin McAllister, and Mr. Burney Rivenbark were nominated for reappointment by Council Member Worthy.
14.	ADMINISTRATIVE REPORTS
A.	Letter reference PWC’s Monthly Strategic Business Decisions Report.
15.	INFORMATION ITEMS:
A.	Report on tax refunds less than $100.00
	Name	Year	Basis	City Refund
	AGCO Finance LLC	2003	Corrected Assessment	$ 49.77
	AGCO Finance LLC	2003	Corrected Assessment	55.50
	Green, Lyn LCSW	2002	Corrected Assessment	7.96
	Smith, Donald H. and Ed	2002	Corrected Assessment	56.25
	  Johnson
	Smith, Donald H. and Ed	2002	Corrected Assessment	12.77
	  Johnson
	Todd C. Conormon Atty. PA	2002	Corrected Assessment	89.24
	Howard, Julianna D.	1998-	Corrected Assessment	  91.02
		2002
	Total			$362.51
B.	Strategic Business Decision Report – October 2003.
C.	Quarterly Financial Reviews.
D.	New Levy for 2003-2004 Fiscal Year.
E.	“Thank You” letter from Duncan W. Hubbard, Chairman 2002-2003, Fayetteville-Cumberland Crime Stoppers.
MOTION:	Mayor Pro Tem Kendrick moved to adjourn the meeting.
SECOND:	Council Member Smith
VOTE:	UNANIMOUS (10-0)
	The meeting adjourned at 11:30 p.m.
REGULAR MEETING
NOVEMBER 24, 2003
FAYETTEVILLE CITY COUNCIL
REGULAR MEETING
CITY HALL COUNCIL CHAMBER
NOVEMBER 24, 2003
7:00 P.M.
Present:	Mayor Marshall B. Pitts, Jr.
Council Members Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois A. Kirby (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Anne Fogleman (District 9)
Present via Telephone:	Council Member James K. Keefe (District 1)
Others Present:	Roger L. Stancil, City Manager
			Karen M. McDonald, City Attorney
			Tiffanie W. Sneed, Assistant City Attorney
			Tom McCarthy, Chief of Police
			James Hall, Fire Chief
			Lisa Smith, Chief Financial Officer
			Robert Barefoot, Chief Operating Officer for Engineering and Maintenance
			Vera Bell, Chief Operating Officer for Solid Waste
			Victor Sharpe, Interim Chief Development Officer
			Jimmy Teal, Chief Planning Officer
			Craig Hampton, Special Projects Manager
			Frank Simpson, Inspections Director
			Tracey Glover, Information Technology Manager
			Tom McNeill, PWC Director of Business, Planning, and Development
			Jason Brady, Public Information Officer
			Nicole S. Wright, Deputy City Clerk
			Members of the Press
INVOCATION - PLEDGE OF ALLEGIANCE
	The invocation was offered by Council Member Haire, followed by Mayor Pitts leading in the Pledge of Allegiance to the American Flag.
RECOGNITION:
Remarks of Appreciation to City of Fayetteville by Habitat for Humanity.
	Mr. John Farmer, Executive Director, and Mr. Al Franko, President, of Fayetteville Area Habitat for Humanity presented a replica check in the amount of $66,483.31 to Cumberland County and the City of Fayetteville, which represents the taxes that had been paid to the City and County by owners of homes that were built by Fayetteville Area Habitat for Humanity.  Mr. Franko stated to date they had constructed approximately 68 homes in addition to 11 homes currently under construction.  Mr. Franko added they had placed 98 adults and 210 children who had been living in substandard housing in those homes.
Presentation of Resolution of Appreciation to Dr. Willis B. McLeod.
	Mayor Pitts announced that Dr. Willis B. McLeod was sick and the resolution would be presented at a later date.
MAYOR’S ANNOUNCEMENTS:
1.	Special Events
	Mayor Pitts informed the Council that Council Member Keefe would be participating in the meeting via the telephone and would be able to make audible comments to the Council.
	Mayor Pitts informed the Council and citizens that on November 28, 2003, the Arts Council would be sponsoring Dickens Holiday to be held downtown from 2:00 to 9:00 p.m. and that there would be a street and tree lighting at 6:00 p.m.
	Mayor Pitts announced that the Rotary Clubs would be sponsoring a Christmas Parade to be held downtown on December 13, 2003, beginning at 11:00 a.m.
1.	APPROVAL OF AGENDA
	Council Member Worthy requested to remove Item 8, report from Development Committee, from the agenda.
MOTION:	Council Member Smith moved to approve the agenda as amended.
SECOND:	Council Member Fogleman
VOTE:	UNANIMOUS (9-0)
2.	PUBLIC FORUM:
	Mr. Richard Van Wy, 1413 Paisley Avenue, Fayetteville, NC, spoke in opposition to annexation citing his property taxes, car insurance, and house insurance would increase.
	Mr. Stephen Johnson, 332 Old Shaw Road, Fayetteville, NC, spoke in opposition to annexation adding that he felt Fayetteville was suffering from an identity crisis.
	Mr. Charles Ragan, 2560 Adkins Hill Drive, Fayetteville, NC, spoke in opposition to annexation stating the map obtained from the Cumberland County Health Department showing septic tank failures in the County had been very misleading and the Council had been misinformed on this particular issue.
	Mr. Patrick Carney, 2906 Lake Ridge Drive, Fayetteville, NC, spoke in opposition to annexation citing he was representing 536 residents in the Arran Lakes West Subdivision who felt this annexation was too expensive and too extensive and did not make sense.
	Mr. Clinton Harris, 4713 Watauga Avenue, Fayetteville, NC, spoke in support of annexation.
	Mr. Bryce Neier, Attorney, 2581 Raven Hill Road, Fayetteville, NC, spoke regarding annexation.  Mr. Neier stated he had been contacted by a number of residents regarding legal options in this annexation.  Mr. Neier stated he felt the residents were not challenging the annexation itself, but the application of the annexation statute as it applies to them and how it would affect them.  He stated that Council should consider amending their charter to allow nullification of annexations by a judge based on various criteria.
	Mr. Keith Flinn, 6851 Timbercroft Lane, Fayetteville, NC, spoke in opposition to annexation.
	Mr. Jose Cardona, 7018 Kittridge Drive, Fayetteville, NC, spoke in opposition to annexation adding that he had lost many benefits when he was annexed into the City.
	Mr. Thomas Parent, 603 Dandridge Drive, Fayetteville, NC, spoke in opposition to annexation.  Mr. Parent requested that Council have PWC hire a grant coordinator to find other funds for low- to middle-income citizens who could not afford the sewer assessments.  Mr. Parent also asked that PWC make arrangements for citizens to pay their assessments before they receive the service and to be given the ability to make partial payments.  He stated that currently the citizens could not make partial or early payments.  Mr. Parent asked that Council adopt a policy disallowing septic systems on lots less than one acre.
	Mr. Stephen Sanders, 1745 Daisy Lane, Fayetteville, NC, spoke regarding annexation.  Mr. Sanders stated there were too many unknowns regarding this annexation and felt it should not go through.  Mr. Sanders asked that Council vote for the annexation, but modify it to what can be accomplished and wait on the rest.
	Mr. Andy Anderson, 511 Ponderosa Drive, Fayetteville, NC, thanked the Council for hearing his voice at the last meeting.
3.	CONSENT:
	Mayor Pro Tem Kendrick requested to pull Item 3.B.4 for discussion.
MOTION:	Council Member Fogleman moved to approve the consent agenda with the exception of Item 3.B.4.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (9-0)
	The following items were approved:
A.	Certify Official Election Returns for the November 7, 2003, Election of Mayor and City Council Members.
CUMBERLAND COUNTY	November 7,2003
NORTH CAROLINA
We, the undersigned Board of Elections of Cumberland County, North Carolina, do hereby certify that we met at the Board of Elections Office at 11:00 a.m. on Friday, November 7, 2003, 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, and City Council District 9 of the City of Fayetteville, NC, held on November 4, 2003, 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
Robert C. Anderson	5,732
Marshall B. Pitts, Jr.	11,072
Write-In	100
FOR CITY COUNCIL
DISTRICT 1
Edward Donovan	250
Jimmy Keefe	1,093
Write-In	10
DISTRICT 2
Charles E. Evans	690
Mable C. Smith	995
Write-In	17
DISTRICT 3
Brian Irving	355
Robert A. Massey	1,554
Write-In	8
DISTRICT 4
D. J. Haire	1,168
Write-In	47
DISTRICT 5
Lois A. Kirby	1,283
Wesley Meredith	1,254
Write-In	18
DISTRICT 6
Paul A. Williams	1,232
Write-In Suzanne Rucker	811
DISTRICT 7
Willie Miller	350
Curtis worthy	1,339
Write-In	18
DISTRICT 8
Juanita Gonzalez	572
Don Talbot	514
Write-In	3
DISTRICT 9
Johnny Dawkins	1,597
Wick Smith	1,176
Write-In	43
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
Marshall B. Pitts, Jr.
FOR CITY COUNCIL
DISTRICT 1	DISTRICT 6
Jimmy Keefe	Paul A. Williams
DISTRICT 2	DISTRICT 7
Mable C. Smith	Curtis Worthy
DISTRICT 3	DISTRICT 8
Robert A. Massey	Juanita Gonzalez
DISTRICT 4	DISTRICT 9
D.J. Haire	Johnny Dawkins
DISTRICT 5
Lois A. Kirby
Given under our hand and seal this 7th day of November, 2003.
		CUMBERLAND COUNTY BOARD OF ELECTIONS
B.	Approve the following financial matters:
1.	Tax refunds greater than $100.00.
	Name	Year	Basis	City Refund
	Suntrust Leasing Corp.	2002	Corrected Assessment	$  981.48
	Register, William P.	2000-2002	Corrected Assessment	167.22
	  and wife, Norma Keith
	Harsant, David J. and	1998-2002	Corrected Assessment	 1,000.68
	  wife
	Total			$2,149.38
2.	Bid award for purchase of 10,000,000 lbs. of 8.3% Liquid Aluminum Sulfate to General Chemical, low bidder, in the amount of $290,757.50. (PWC)
	Bids were received as follows:
General Chemical (Parsippany, NJ)	$290,757.50
Southern States (Wilmington, NC)	$395,200.00
GEO Specialty Chemicals (Little Rock, AK)	$436,070.00
CFS Enterprises (Charlotte, NC)	$438,000.00
3.	Fiber Lease Agreement with Time Warner Telecom (TWT). (PWC)
4.	Pulled for discussion by Mayor Pro Tem Kendrick.
5.	NC Department of Transportation Municipal Utility Agreement Number 15590; NC DOT Project No. U-2911; WBS:  34884.3.2. (PWC)
RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE.  RESOLUTION NO. R2003-087.
6.	First amendment to SprintCom, Inc.’s Option and License Agreement for Reilly Road 230 KV Structure. (PWC)
7.	Bid award for Water Main Renewal Project to Keitkamp, Inc., low bidder, in the amount of $1,019,307.71. (PWC)
	Bids were received as follows:
Heitkamp, Inc. (Watertown, CT)	$1,019,307.71
J. Fletcher Creamer (Stone Mountain, GA)	$1,121,260.00
Spinello Companies (Morristown, NJ)	$1,799,176.25
8.	Resolution authorizing Mayor to accept NC State Aviation/Local Grant for Fayetteville Regional Airport to develop a Master Plan and acquire equipment and land. (AIP 28).
RESOLUTION.  RESOLUTION NO. R2003-088.
9.	Resolution authorizing Mayor to accept NC State Aviation/Local Grant for Fayetteville Regional Airport for design of storm water improvements.
RESOLUTION.  RESOLUTION NO. R2003-089.
10.	Resolution authorizing a Grant Application for the Aggressive Driving Program.
NORTH CAROLINA GOVERNOR’S HIGHWAY SAFETY PROGRAM LOCAL GOVERNMENTAL RESOLUTION FORM GHSP-04-A.  RESOLUTION NO. R2003-090.
C.	Approve request for legal representation in the case of Carletta Michelle Lewis v. City of Fayetteville, et al., 03 CVS 8317.
	City Attorney Karen McDonald requested that Council authorize legal representation for Terrence Lee Sandler who was operating within the scope and course of his employment at the time the alleged incident occurred.
	Council Member Keefe telephoned into the meeting at 7:55 p.m.
B.4.	Bid award for Fayetteville Annexation Phase IV-B, Section II, Sherwood Park, Ashton Forest, and Quail Ridge Subdivisions, to Sanford Contractors, Inc., low bidder, in the amount of $5,792,791.55. (PWC)
	Mayor Pro Tem Kendrick pulled this item for discussion.  Mr. Kendrick inquired as to why there was an approximate $1 million difference in the bid.  Mr. Tom McNeill, PWC Director of Business, Planning, and Development, responded the low bid was inline with the engineer’s estimate and could only suppose that the bidder had bid much higher because he really was not interested in the job.
	Bids were received as follows:
Sanford Contractors, Inc. (Sanford, NC)	$5,792,791.55
T. A. Loving Co. (Goldsboro, NC)	$6,732,610.00
MOTION:	Mayor Pro Tem Kendrick moved to approve the bid award to Sanford Contractors, Inc., in the amount of $5,792,791.55.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (10-0)
4.	Consider actions related to the proposed Phase V Annexation:
A.	Amendments to Phase 5 Annexation Report.
	City Manager Roger Stancil summarized the changes that had been made to the Annexation Report.  Mr. Stancil stated he had modified the report to reflect the Sales Tax Agreement that had not been approved when the report had originally been adopted and had also made minor word changes.
MOTION:	Council Member Worthy moved to approve the amendments to the Phase 5 Annexation Report.
SECOND:	Council Member Fogleman
VOTE:	PASSED by a vote of 9 in favor to 1 in opposition (Council Member Gonzalez)
B.	Adoption of Annexation Ordinance.
AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE OF NORTH CAROLINA, UNDER THE AUTHORITY GRANTED BY CHAPTER 160A, ARTICLE 4A, PART 3, OF THE GENERAL STATUTES OF NORTH CAROLINA.  ANNEXATION ORDINANCE NO. 2003-11-463.
MOTION:	Council Member Fogleman moved to adopt the Annexation Ordinance.
SECOND:	Council Member Worthy
	Council Member Gonzalez reiterated her disapproval of this annexation process and added this was a money issue and felt the City wanted the annexation so they could have more money to spend toward other things.
	Council Member Massey stated he fully understood that this was not the best way to do what needed to be done in terms of orderly growth, but the wisdom of the State Department, General Assembly, and national, state, and local governments had agreed over a 15- to 20-year time period that in order for municipalities to effectively deliver urban services, annexation was a major vehicle that should be utilized to ensure growth.  Mr. Massey stated there had been a major misinformation campaign regarding this annexation.
	Council Member Kirby stated she had anguished day and night over this decision but felt the facts were still not coming through.  She stated that she was amazed at the misleading information that was being presented.
	Mayor Pro Tem Kendrick stated annexation had not been a favorite topic in Fayetteville and development standards outside of the City limits were where the problems began.  Mr. Kendrick stated if standards were not created now, where would the City be in 30 years.  He added that this was not a money issue and money had never been discussed.
	Council Member Smith stated she sat quietly during all of this because she was in agreement with most of what had been said but she would like to add that this Council was not being rushed to make a decision.  Ms. Smith added that Council had had ample time to study the issues.
	Council Member Gonzalez added that she wished this annexation had been done more positively and not in a time crunch of two months.  Ms. Gonzalez stated that previously Mr. Stancil had informed them that there had only been eight foreclosures and five of the eight pieces of property belonged to one person, but she had spoken with several realtors and they had informed her that 75 to 100 foreclosures were added to the list every month and she had seen a booklet with pages of foreclosures.  She stated that more foreclosures could happen in the future if the liens for sewer are put against the properties.
	Council Member Worthy stated in 1976 his neighborhood and most of District 7 had been annexed into the City and since then he has discussed how they feel being in the City today versus the fears they had prior to being annexed.  Mr. Worthy stated that some felt they were no better off but a great deal of them felt they were better off.  Mr. Worthy stated that many who wanted to be annexed had been afraid to stand up and speak at the informational meetings because of the outbursts, rowdiness, and rudeness speaking against annexation.  Mr. Worthy added that the pages of foreclosures had nothing to do with liens for assessments of sewer and water.  He stated that misinformation was what caused fear in people.  He stated that the County had a smog and ozone problem and everyone in their environmental consciousness should be ashamed to talk about burning trash and leaves because there was a consequence others pay when things of this nature were done.  He stated that he was making these comments and if it was to the detriment of him as a City Council man, so be it, but he was not here for himself, he was here for the good of the whole and his constituents had expressed to him that he should vote for what he feels was best for everyone as a City, not just District 7, and that was how he would cast his vote tonight.
	Mayor Pitts stated he prided himself in being a Council person who consistently did his homework.  Mr. Pitts stated that he and other Council members had taken a lot of abuse from a lot of people and he had held his peace, listened, and kept an objective mind, but now he was going to address a few things that needed to be addressed.
	Mayor Pitts stated that what was most upsetting to those being annexed, besides the tax issue, was not being able to vote.  Mr. Pitts stated he had researched the annexation laws.  He stated the laws were designed to not give the citizens a chance to vote so that cities could be protected and stay healthy.  He stated that the State of North Carolina had it that way to keep people from moving right outside the City limits and then going back into the City for convenience.  Mr. Pitts stated this may not be the best way to do it, but the State decided that if they gave people the right to vote on this issue, most people, unless you had some serious sewage or law enforcement problems, would not vote to be annexed into the City, adding that the State of North Carolina believed that the cities’ ability to protect themselves, stay healthy, and manage orderly growth overrides the right of the individual.
	Mayor Pitts stated that another way to look at it was eminent domain.  Mr. Pitts stated that many had talked about moving to Hoke County or other surrounding counties.  He stated that North Carolina was becoming more and more urban and was one of the fastest growing states in the country.  He stated if citizens were planning to move into another county or truly desired rural living, they had better make sure they move at least 30 to 40 miles from any city of any significant size because Fayetteville was the last place where you could stack up next to the City limits in an urban development and not pay City taxes.  He stated the reason for that was because Fayetteville did not annex for 24 years.
	Mayor Pitts stated that in regards to taxes he had heard that the City was the big bad bully, but that was not so.  He stated that all of the wonderful services the people in the County received, like fire and the sheriff’s department, were not provided to anyone in the City limits, but City taxpayers were also County taxpayers and collectively, the City and County paid millions of dollars per year to help subsidize those services that City taxpayers never receive.
	Mayor Pitts stated that he had heard a citizen comment that if they were going to be annexed, they would stop shopping and spending in the City, but if citizens had done their homework, they would have found that out of all the sales tax dollars at the end of the day, two-thirds of that money had gone back to County residents, who enjoy the benefits from that money.
	Mayor Pitts stated that many people had said they have water and sewer, particularly the sewer, and what would they need the City for.  He stated that sewer improvements were financed through PWC and other places charge more for being outside of the City than for being inside the City, but Fayetteville has not done that.
	Mayor Pitts stated that one side of the story should not be talked about, but everything should be told as far as citizens being County residents, adding there were definite benefits that County residents received from those who live in the City that he has never heard people talk about.
	Mayor Pitts stated that he has also heard many people say to wait until later and do this in a phased approach.  He stated that it would not be any less expensive later, but more expensive later.
	Mayor Pitts stated that in regards to the sewer caps, the Council felt that since residents had never been assessed 100 percent of the cost to be annexed, the City should not start doing it now, but if you look at a lot of other cities, residents pay 100 percent of the costs to be annexed.
	Mayor Pitts stated that the military and foreclosure issues bothered him because he had heard those issues thrown around so many times.  He stated that the information that homes had been foreclosed on due to liens from sewer assessments were not true.  Mr. Pitts stated that Cumberland County had one of the highest foreclosure rates in the state because of the largest military presence in the state and a lot of those foreclosures were brought about when people separated, divorced, or left each other.  Mr. Pitts stated this was the typical scenario in a foreclosure and to say that all of these foreclosures were based on sewer assessments was untrue and to say that this would probably happen in the future was also untrue.
	Mayor Pitts stated that he thought it was very important that people should stop selling fear, adding that he was willing to talk about the facts no matter how bad or good those facts were.  He then stated that out of all of the annexations that he had gone through, he had not seen the kind of threats, verbal abuse, and intimidation used that he had seen in this particular annexation and that part made no sense to him, adding that if the overall goal was to prevent annexation from occurring then why would you want to abuse and intimidate the people that are going to make that decision.  Mr. Pitts stated it took a lot of strength and objectivity for Council to go through all of the abuse they had gone through and not become hardened.  He stated that approach to the matter just did not make sense to him.
	Mayor Pitts concluded by stating there was one good thing that had come from all of the abuse and intimidation, if the people’s hatred of him about this annexation motivates them to get off of their seat at the next election and do their civic duty and vote and become a contributing member of this community, then he thinks it was a good thing.
VOTE:	PASSED by a vote of 8 in favor to 2 in opposition (Council Members Haire and Gonzalez)
MOTION:	Council Member Smith moved to excuse Council Member Keefe.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (10-0)
	Council Member Keefe departed the meeting via telephone at 8:48 p.m.
C.	Adoption of Budget Ordinance Amendment 2004-5 (Phase 5 Annexation).
	City Manager Roger Stancil presented this item.  Mr. Stancil stated this budget ordinance amendment would appropriate the funds from this year’s budget to buy the equipment and hire the employees to put the plan into effect on June 30, 2004.
MOTION:	Mayor Pro Tem Kendrick moved to adopt the budget ordinance amendment.
SECOND:	Council Member Massey
VOTE:	PASSED by a vote of 8 in favor to 1 in opposition (Council Member Gonzalez)
5.	Report from Allison Platt regarding the three downtown projects.
	Ms. Allison Platt presented this item.  Ms. Platt discussed implementation strategies for the three downtown projects--Cool Springs, Capitol Project, and the 300 block of Hay Street.  Ms. Platt recommended that until the downtown area could be handled entirely by the private sector, a RFP/RFQ process should be put into place to be used for these and many other projects.  She stated this suggestion allowed the City to cast a wider net for developers outside of this region and to find people who may have more banking resources and more experience with this type of development.  Ms. Platt then stated that of the three projects, the Cool Springs project would be the most complex and largest to implement.
6.	Consider easements for NC Civil War Trails project.
	Ms. Rachel Hake, Arsenal Park Education Coordinator of the Museum of the Cape Fear, presented this item.  Ms. Hake stated the North Carolina Civil War Trails project was a statewide organization that works to educate individuals on Civil War history.  Ms. Hale stated the program wanted to put 12 signs in Fayetteville and 4 of those 12 signs were on property that belonged to City so they needed the City’s permission to put signage on its property.
MOTION:	Council Member Fogleman moved to authorize the easements.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (9-0)
7.	Consider the following matters related to the Installment Financing Agreement to finance improvements to the City’s water system.
A.	Adopt Resolution directing the filing of an application for approval by the Local Government Commission of an installment financing agreement to finance improvements to its water system.
	Ms. Lisa Smith, Chief Financial Officer, presented this item.
RESOLUTION DIRECTING FILING OF APPLICATION FOR APPROVAL BY LOCAL GOVERNMENT COMMISSION OF INSTALLMENT FINANCING AGREEMENT TO FINANCE IMPROVEMENTS TO ITS WATER SYSTEM.  RESOLUTION NO. R2003-091.
MOTION:	Council Member Worthy moved to adopt the resolution.
SECOND:	Council Member Kirby
VOTE:	UNANIMOUS (9-0)
B.	Set public hearing on December 15, 2003, to consider the installment financing agreement.
	Ms. Lisa Smith, Chief Financial Officer, presented this item.
MOTION:	Council Member Fogleman moved to set the public hearing on December 15, 2003.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (9-0)
8.	Report from Development Committee.
	This item was removed from the agenda by Council Member Worthy.
9.	Reconsider one-year extension of commercial garbage franchise.
	Council Member Massey presented this item stating that it had been brought to his attention that the City contracted with one company to pick up waste and that minimized the benefits of privatization and they would like to stimulate privatization so they are proposing a variation to the options.
MOTION:	Council Member Massey moved to direct staff to take appropriate action to terminate the exclusive commercial solid waste franchise effective July 1, 2004, and allow private haulers to make offers with commercial customers in Fayetteville.
SECOND:	Council Member Haire
VOTE:	UNANIMOUS (9-0)
10.	BOARDS AND COMMISSIONS:
A.	APPOINTMENTS
1.	Fair Housing Board - 3 vacancies (1 At-Large, 1 Attorney, and 1 Real Estate)
	Ms. Glorius Fowler, Cheri Siler-Mack, and Don Talbot were appointed by acclamation.
2.	Zoning Commission - 1 regular vacancy
	Mr. Billy Manning was appointed to the Zoning Commission.
B.	NOMINATIONS
1.	Personnel Review Board - 3 At-Large Vacancies - 3 nominations needed
	No nominations were made.
2.	Fayetteville Zoning Commission - 2 alternate vacancies - 2 nominations needed - 1 nomination made
	Council Member Kirby withdrew Warren Copenhaver from nominations for regular appointments to the Zoning Commission and stated that she had requested that he be nominated as an alternate.
	Mr. Nathan Scales was nominated by Council Member Haire.
3.	Fayetteville Redevelopment Commission - 3 vacancies - 5 nominations made
	Council Member Kirby withdrew Elizabeth Copenhaver from nominations for the Redevelopment Commission.
INFORMATION ITEMS:
1.	Report on tax refunds less than $100.00.
	Name	Year	Basis	City Refund
	Suntrust Leasing Corp.	2002	Corrected Assessment	$  981.48
	Register, William P.	2000-2002	Corrected Assessment	167.22
	  and wife, Norma Keith
	Harsant, David J. and	1998-2002	Corrected Assessment	 1,000.68
	  wife
	Total			$2,149.38
2.	Statement of taxes collected for the month of October 2003 from the Cumberland County Tax Administrator.
2003 Taxes	$2,609,560.24
2003 Vehicle Taxes	253,087.61
2003 Revit	3,210.09
2003 Vehicle Revit	270.75
2003 FVT	28,718.61
2003 Storm Water	207,053.09
2002 Taxes	42,761.10
2002 Vehicle Taxes	50,254.19
2002 Revit	87.80
2002 Vehicle Revit	17.54
2002 FVT	6,846.39
2002 Storm Water	4,213.04
2001 Taxes	8,802.88
2001 Vehicle Taxes	2,177.72
2001 Revit	48.57
2001 Vehicle Revit	0.00
2001 FVT	491.86
2001 Storm Water	1,508.01
2000 Taxes	2,162.84
2000 Vehicle Taxes	2,249.45
2000 Revit	0.28
2000 Vehicle Revit	0.00
2000 FVT	377.43
2000 Storm Water	442.34
1999 and Prior Taxes	1,443.90
1999 and Prior Vehicle Taxes	2,728.77
1999 and Prior Revit	0.00
1999 and Prior Vehicle Revit	0.00
1999 and Prior FVT	750.05
1999 and Prior Storm Water	474.32
Interest	15,707.26
Interest (Revit)	19.57
Interest (Storm Water)	1,025.82
Fayetteville Discount (Current)	0.00
Fayetteville Discount (Revit)	0.00
Total Collections	$3,246,491.52
3.	Notice of award to Fayetteville Police Department from the NC Committee for Employer Support of the Guard and Reserve for outstanding support of the National Guard and Reserve during the 2003 awards period.
4.	Letter of thanks from Fayetteville State University Chancellor for assistance during the 2003 Bronco Homecoming.
5.	Police Department – monthly report for October 2003 from the Office of Professional Standards.
6.	FACVB – minutes of September 11, 2003.
7.	Status report on ongoing annexation projects.
MOTION:	Mayor Pro Tem Kendrick moved to adjourn the meeting.
SECOND:	Council Member Fogleman
VOTE:	UNANIMOUS (9-0)
	The meeting adjourned at 9:39 p.m.
SPECIAL MEETING
DECEMBER 1, 2003
7:00 P.M.
FAYETTEVILLE CITY COUNCIL
SPECIAL MEETING
CITY HALL COUNCIL CHAMBER
DECEMBER 1, 2003
7:00 P.M.
Present:	Mayor Marshall B. Pitts, Jr.
Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois A. Kirby (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Anne Fogleman (District 9)
Others Present:	Roger L. Stancil, City Manager
			Tiffanie W. Sneed, Assistant City Attorney
			Jason Brady, Public Information Officer
			Janet C. Jones, City Clerk
			Members of the Press
INVOCATION - PLEDGE OF ALLEGIANCE
	The invocation was offered by Reverend Calvin Brewington, Beauty Spot Baptist Church, followed by Mayor Pitts leading in the Pledge of Allegiance to the American Flag.
	Mayor Pitts expressed his appreciation to Council Member Fogleman for her service on the Council from December 1997 to December 2003.  He presented her with a clock.
	Council Member Fogleman stated she had enjoyed for the most part her work with the City of Fayetteville, and being on the Council was the best way to get to know the City.  Mrs. Fogleman expressed her opinion that in order for the City to move forward she felt the Council needed to be restructured to include at-large candidates who represented the entire population and could look at the big picture.  She noted this was the trend across the country and she felt it was a good one.
	Mayor Pitts expressed his appreciation to Mayor Pro Tem Kendrick for his eighteen (18) years on the City Council.  Mayor Pitts stated that City Council government involved real trench work, and doing that for so many years said a lot about Mayor Pro Tem Kendrick.  Mayor Pitts wished Mr. Kendrick the best in all of his endeavors, and presented him with a clock reflecting his time of service from June 1986 to December 2003.
	Mayor Pro Tem Kendrick thanked God for allowing him to serve the people.  He stated Fayetteville had taken some mighty steps during his tenure and was ready to step up to the plate and make itself known throughout the entire state for positive growth and direction.
	Mayor Pro Tem Kendrick stated the City had a Mayor who was a visionary and he hoped the Council would continue to stand behind him and move Fayetteville forward.  He also expressed his appreciation to the City’s management team, and to the City staff and in particular the executive staff for all of their help over the years.
	Mayor Pro Tem Kendrick stated he was proud that Fayetteville was his home.
1.	Approval of Agenda
MOTION:	Council Member Fogleman moved to approve the agenda.
SECOND:	Mayor Pro Tem Kendrick
VOTE:	UNANIMOUS (10-0)
2.	Approve Annexation Public Hearing minutes of November 10, 2003.
MOTION:	Council Member Massey moved to approve the minutes.
SECOND:	Council Member Gonzalez
VOTE:	UNANIMOUS (10-0)
3.	Discussion of Future of Market House.
	Mayor Pitts presented this item.  He stated the Market House was not being put to its best use and he felt an investigation should be done regarding using the building as a museum.
	Mayor Pitts reported the Market House was a National Landmark with a great historical significance to Fayetteville and the State of North Carolina.  He stated he felt it was important to the young people that all aspects of the history of the Market House be remembered because it gave a sense of where we had been and history was history and should remain as such in its whole.
MOTION:	Council Member Massey moved to have the City staff look at the possibility of using the Market House as a museum, and to have a report brought back to the Council within 60 days.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (10-0)
4.	Presentation on Festival Park.
	Mayor Pitts stated the Festival Park was a Brownfield site, which had been given funding for cleanup.  He stated that the park was not being done with taxpayers’ money because the funding had been set aside for the cleanup and development of that particular site and the funds could only be used for that purpose.
	Mayor Pitts stated he and the Council had been a proponent of improving the image of Fayetteville and he felt the future of this community needed to be addressed and the City needed a new symbol or icon for the twenty-first century that would reflect the changing image of Fayetteville, and bring a positive image to people’s minds.
	Mr. Eric Lindstrom of Shuller Ferris Lindstrom & Associates presented the proposed structure to be placed in the Festival Park.
MOTION:	Council Member Massey moved to go with the new icon of Fayetteville in the Festival of Parks.
SECOND:	Mayor Pro Tem Kendrick
VOTE:	UNANIMOUS (10-0)
5.	Adjournment.
MOTION:	Council Member Fogleman moved to adjourn the meeting.
SECOND:	Mayor Pro Tem Kendrick
VOTE:	UNANIMOUS (10-0)
	The meeting adjourned at 7:40 p.m.
SPECIAL MEETING
DECEMBER 1, 2003
7:52 P.M.
FAYETTEVILLE CITY COUNCIL
SPECIAL MEETING
CITY HALL COUNCIL CHAMBER
DECEMBER 1, 2003
7:52 P.M.
Present:	Mayor Marshall B. Pitts, Jr.
Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois A. Kirby (District 5); Paul Williams (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Johnny L. Dawkins, III (District 9)
Others Present:	Roger L. Stancil, City Manager
			Tiffanie W. Sneed, Assistant City Attorney
			Jason Brady, Public Information Officer
			Janet Jones, City Clerk
			Members of the Press
1.	SEATING OF MAYOR AND NEW CITY COUNCIL:
A.	Oaths of office administered to City Council
	Mr. James K. Keefe, District 1, was sworn in by The Honorable Tony Rand, Senator, North Carolina General Assembly.
	Ms. Mable C. Smith, District 2, was affirmed by The Honorable Patricia Timmons-Goodson, Judge, Court of Appeals, State of North Carolina.
	Mr. Robert A. Massey, Jr., District 3, was sworn in by The Honorable Edward A. Pone, Judge, District Court of Cumberland County.
	Mr. Darrell J. Haire, District 4, was affirmed by The Honorable Marvin Lucas, Representative, North Carolina General Assembly.
	Ms. Lois A. Kirby, District 5, was sworn in by The Honorable Robert Stiehl, Judge, District Court of Cumberland County.
	Mr. Paul Williams, District 6, was sworn in by The Honorable John Tyson, Judge, Court of Appeals, State of North Carolina.
	Mr. Curtis Worthy, District 7, was sworn in by The Honorable Cheri Beasley, Judge, District Court of Cumberland County.
	Ms. Juanita Gonzalez, District 8, was sworn in by Ms. Linda Priest, Clerk of Superior Court of Cumberland County.
	Mr. Johnny Dawkins, District 9, was sworn in by The Honorable Lester G. Carter, Jr., former Recorder Court Judge, former NC Legislator, and former Solicitor of Superior Court.
B.	Oath of Office administered to Mayor Marshall B. Pitts, Jr., by Patricia Timmons-Goodson (Judge, Court of Appeals, State of North Carolina.
	Mr. Marshall B. Pitts, Jr., was sworn in by The Honorable Patricia Timmons-Goodson, Judge, Court of Appeals, State of North Carolina.
2.	APPROVAL OF AGENDA
MOTION:	Council Member Haire moved to approve the agenda.
SECOND:	Councilmember Smith
VOTE:	UNANIMOUS (10-0)
3.	Election of Mayor Pro Tempore.
	Mayor Pitts called for nominations for the Mayor Pro Tempore position.
	Council Member Smith nominated Council Member Lois Kirby.
	Council Member Dawkins nominated Council Member Jimmy Keefe.
	Mayor Pitts called for a vote on the nominees.
VOTE:	Council Member Kirby was appointed Mayor Pro Tempore by a vote of 6 in her favor (Council Members Pitts, Smith, Massey, Kirby, Haire and Worthy) to 4 in favor of Council Member Keefe (Council Members Keefe, Gonzalez, Dawkins and Williams)
	Mayor Pro Tem Kirby thanked the Council.
4.	Adjournment
MOTION:	Council Member Smith moved to adjourn the meeting.
SECOND:	Council Member Dawkins
VOTE:	UNANIMOUS (10-0)
	The meeting adjourned at 8:25 p.m.
SPECIAL MEETING
DECEMBER 15, 2003
FAYETTEVILLE CITY COUNCIL
SPECIAL MEETING
CITY HALL COUNCIL CHAMBER
DECEMBER 15, 2003
7:00 P.M.
Present:	Mayor Marshall B. Pitts, Jr. (arrived at 7:45 p.m.)
Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois A. Kirby (District 5); Paul Williams (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Johnny Dawkins (District 9)
Others Present:	Roger L. Stancil, City Manager
			Tiffanie W. Sneed, Assistant City Attorney
			Lisa Smith, Chief Financial Officer
			Robert Barefoot, Chief Operating Officer for Engineering and Maintenance
			Vera Bell, Chief Operating Officer for Solid Waste
			Jimmy Teal, Chief Planning Officer
			Tom McNeill, PWC Director of Business, Planning, and Development
			Mick Noland, PWC Chief Operating Officer for Water Resources
			Jerome Brown, Transit Director
			Ron McElrath, Human Relations Director
			Bruce Daws, Historic Properties Manager
			Jason Brady, Public Information Officer
			Nicole Wright, Deputy City Clerk
			Members of the Press
INVOCATION - PLEDGE OF ALLEGIANCE
	The invocation was offered by Council Member Haire, followed by Mayor Pro Tem Kirby leading in the Pledge of Allegiance to the American Flag.
RECOGNITION:
1.	Recognition of Feed Fayetteville Volunteers.
	Mr. Ron McElrath, Human Relations Director, recognized the volunteers for Feed Fayetteville.
2.	Presentation to Mayor Marshall Pitts, Jr., from the Foxfire Community Association.
	This item was placed on the next agenda due to the absence of Mayor Pitts.
MAYOR’S ANNOUNCEMENTS:
Special Events
	Mayor Pro Tem Kirby announced on January 13, 2004, at 5:45 p.m. there would be a Martin Luther King Candlelight Vigil held at the MLK Park.
	Mayor Pro Tem Kirby announced on January 17, 2004, at noon there would be a Martin Luther King Parade held on Murchison Road and a Martin Luther King Bell Ringing Ceremony at Cross Creek Park, adding that the point of contact for all of these events would be Lula Crenshaw.
	Council Member Smith announced there would be a free Holiday Meal sponsored by the Gospel Showcase for all seniors and other citizens on Friday, December 19, 2003, at noon at the Myers Recreation Center.
1.	Approval of Agenda
	Mr. Stancil stated that the purpose of the closed session at the end of the meeting would be for property acquisition.
	Council Member Williams requested that Items 5 and 10 be switched.
MOTION:	Council Member Williams moved to approve the agenda with the change of switching Items 5 and 10.
SECOND:	Council Member Keefe
VOTE:	UNANIMOUS (9-0)
2.	Consent:
MOTION:	Council Member Massey moved to approve the consent agenda.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (9-0)
	The following items were approved:
A.	Approve minutes:
1.	Regular meeting of November 17, 2003.
2.	Regular meeting of November 24, 2003.
3.	Regular meeting of December 1, 2003.
4.	Special meeting of December 1, 2003, Swearing In Ceremony.
B.	Adopt resolution awarding contract to low bidder for Transportation Museum subject to final approval by NC DOT.
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE CITY OF FAYETTEVILLE A CONTRACT AND ANY CHANGE ORDERS WITHIN THE BUDGETED AMOUNT WITH M&E CONTRACTING, INC., OF FAYETTEVILLE, NC, FOR THE PROJECT KNOWN AS CAPE FEAR & YADKIN VALLEY RAILWAY PASSENGER DEPOT REHABILITATION, PROJECT #E-4118.  RESOLUTION NO. R2003-092.
C.	Authorize conveyance of City-owned land to N.C. Department of Transportation for improvement of River Road.
D.	Adopt resolution in support of legislative and funding initiative for statewide passenger rail service.
RESOLUTION IN SUPPORT OF A STATEWIDE INITIATIVE FOR LEGISLATIVE AND FUNDING SUPPORT FOR ENHANCED AND IMPROVED PASSENGER RAIL SERVICE FOR THE STATE OF NORTH CAROLINA.  RESOLUTION NO. R2003-093.
E.	Approve the following financial matters:
1.	Award contract for purchase of a fire truck to Ferrara Fire Apparatus, Inc., low bidder, in the amount of $414,800.00.
	Bids were received as follows:
Ferrara Fire Apparatus, Inc. (Holden, LA)	$414,800.00
Ferrara Fire Apparatus, Inc. (Holden, LA)	$414,800.00
Ferrara Fire Apparatus, Inc. (Holden, LA)	$428,800.00
Triad Fire, Inc. (Kernersville, NC)	$505,905.00
Triad Fire, Inc. (Kernersville, NC)	$572,131.00
Emergency Apparatus, Inc. (Pittsboro, NC)	$432,400.00
Custom Fire & Safety, Inc. (Autryville, NC)	$431,433.00
C.W. Williams Fire Equipment (Rocky Mount, NC)	$434,900.00
C.W. Williams Fire Equipment (Rocky Mount, NC)	$429,886.00
2.	Capital Project Ordinance Amendment 2004-3 (Westover Recreation Center).
	This ordinance will approve an increase of $30,000.00 in the Westover Recreation Center Project design and preliminary work budget.  This money will be used for soil testing, building design changes, and a sprinkler system design.  The source of funds for this amendment is the capital improvement funds budgeted in Other Appropriations.
3.	Reimbursement resolution of the City Council of Fayetteville, NC, declaring the intention of the City of Fayetteville to reimburse itself from financing proceeds for certain expenditures made or to be made in connection with the acquisition of Phase 5 annexation vehicles, equipment, and rollout carts.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, DECLARING THE INTENTION OF SAID CITY TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE TAX-EXEMPT FINANCINGS FOR CERTAIN EXPENDITURES MADE AND TO BE MADE IN CONNECTION WITH THE PHASE 5 ANNEXATION PROJECT.  RESOLUTION NO. R2003-094.
F.	Adopt resolution authorizing condemnation of sanitary sewer easement; Reference AD/MAC Development, Inc. (PWC)
A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF AD/MAC DEVELOPMENT, INC., ET AL.  RESOLUTION NO. R2003-095.
G.	P03-51F.  Approve the rezoning from R6 Residential District to P2 Professional District or to a more restrictive zoning classification for property located at 169 Kensington Circle.  Containing .20 acres more or less and being the property of Sundust, LLC, as evidenced by deeds recorded in Deed Book 6060, page 0804, Cumberland County Registry.
3.	PUBLIC HEARINGS:
A.	Consider closing Jackson Avenue.
	Mr. Robert Barefoot, Chief Operating Officer for Engineering and Maintenance, presented this item.
	This is the advertised public hearing set for this date and time.  There was no one present to speak and the public hearing opened and closed at 7:12 p.m.
	RESOLUTION AND ORDER CLOSING JACKSON AVENUE.  RESOLUTION NO. R2003-096.
MOTION:	Council Member Worthy moved to adopt the resolution closing Jackson Avenue.
SECOND:	Council Member Smith
VOTE:	UNANIMOUS (9-0)
B.	Consider a financing, pursuant to an installment financing agreement, of a portion of the cost of constructing improvements to the water utility system.
	Ms. Lisa Smith, Chief Financial Officer, presented this item.
	This is the advertised public hearing set for this date and time. There was no one present to speak and the public hearing opened and closed at 7:13 p.m.
MOTION:	Council Member Smith moved to approve.
SECOND:	Council Member Williams
VOTE:	UNANIMOUS (9-0)
C.	Consider the adoption of an ordinance designating the Moonlight Building at 221/223 Hay Street as a historic landmark.
	Mr. Bruce Daws, Historic Properties Manager, presented this item.  Mr. Daws briefed the Council on the history of the building adding that the owners had gone above and beyond the call of duty to maintain the historical integrity of the building.
	This is the advertised public hearing set for this date and time. The public hearing opened at 7:20 p.m.
	Ms. Pat Wright, 236 Pinecrest Drive, Fayetteville, NC, spoke in favor of the adoption of the ordinance.
	There was no one further to speak and the public hearing closed at 7:25 p.m.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE DESIGNATING THE MOONLIGHT BUILDING AT 221/223 HAY STREET, FAYETTEVILLE, NORTH CAROLINA, AS A HISTORIC LANDMARK.  ORDINANCE NO. NS2003-022.
MOTION:	Council Member Massey moved to adopt the ordinance.
SECOND:	Council Member Keefe
VOTE:	UNANIMOUS (9-0)
D.	P03-49F.  Consider the rezoning from C1P Commercial District to C3 Commercial District or to a more restrictive zoning classification for property located at 2897 Owen Drive.  Containing .48 acres more or less and being the property of Tony and Jeanne-Darc Wehbe as evidenced by deed recorded in Deed Book 2159, page 0625, Cumberland County Registry.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  Mr. Teal reviewed the existing and adjoining land uses and zoning and the 2010 Land Use Plan.  Mr. Teal added that the Zoning Commission recommended denial of the rezoning.
	This is the advertised public hearing set for this date and time. The public hearing opened at 7:33 p.m.
	Mr. Tony Wehbe, 604 Roxie Avenue, Fayetteville, NC, spoke in favor of the rezoning.
	There was no one further to speak and the public hearing closed at 7:43 p.m.
	Council Member Keefe stated that he understood that Council did not like to approve C3 because of the possibility of what someone could put on property zoned C3.  He stated in this case a lot of those fears would be negated because the property was in such close proximity to a residential area, was of high value, and would not have enough space for much else.
	Council Member Worthy stated that Council could not consider this request because if they did, it would be spot zoning and inquired if Mr. Wehbe would be able to clean fish, which he was unable to do with the current zoning, in C1P or C1.
	Mr. Teal responded that he could not and recommended that regardless of what action Council took tonight that they consider asking the Planning Commission to look at the ordinance to see if they could change it to allow that type of use in C1.
MOTION:	Council Member Williams moved to rezone the property to C3.
SECOND:	Council Member Gonzalez
VOTE:	PASSED by a vote of 7 in favor to 2 in opposition (Council Members Smith and Worthy)
	Mayor Pitts arrived at 7:45 p.m.
E.	P03-50F.  The rezoning from C1P Commercial District to C3 Commercial District or to a more restrictive zoning classification for property located 4429 Murchison Road.  Containing 6.50 acres more or less and being the property of S & F Amusement Company as evidenced by deeds recorded in Deed Book 2019, page 0165, Cumberland County Registry.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  Mr. Teal reviewed the existing and surrounding land uses and the 2010 Land Use Plan for this property.
	This is the advertised public hearing set for this date and time. The public hearing opened at 7:45 p.m.
	Mr. John Bantsolas, 6304 Whitehall Drive, Fayetteville, NC, spoke in favor of the rezoning.
	There was no one further to speak and the public hearing closed at 7:58 p.m.
	A discussion was held regarding the reasoning of the Zoning Commission to split zone this property.
MOTION:	Council Member Williams moved to approve the rezoning of the property to C3 Commercial District from the front portion of the property back to a depth of 275 feet of the lot with the remaining portion of the property remaining as C1P.
SECOND:	Council Member Haire
VOTE:	UNANIMOUS (10-0)
F.	P03-52F.  Consider the rezoning from R6 Residential District to R5 Residential District or to a more restrictive zoning classification for property located at the corner of Shawmill Road and Rosehill Road.  Containing .96 acres more or less and being the property of Kyong Ok Gschwind as evidenced by deed recorded in Deed Book 0110, page 0012, Cumberland County Registry.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  Mr. Teal reviewed the existing and adjoining land uses and the 2010 Land Use Plan for this property.
	This is the advertised public hearing set for this date and time.  There was no one present to speak and the public hearing opened and closed at 8:07 p.m.
	A discussion was held regarding the number of units that would be permitted on the property if it was rezoned.
MOTION:	Council Member Massey moved to deny the request for the rezoning.
SECOND:	Mayor Pro Tem Kirby
VOTE:	PASSED by a vote of 9 in favor to 1 in opposition (Council Member Williams)
G.	P03-53F.  Consider the rezoning from R10 Residential District to C1P Commercial District or to a more restrictive zoning classification for property located at 5416 Dairy Drive.  Containing .60 acres more or less and being the property of Herbert Miller as evidenced by deed recorded in Deed Book 6049, page 0422, Cumberland County Registry.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  Mr. Teal reviewed the 2010 Land Use Plan for this property and the existing and surrounding land uses.
	This is the advertised public hearing set for this date and time. The public hearing opened at 8:15 p.m.
	Mr. Herbert Miller, 6549 Portsmouth Drive, Fayetteville, NC, spoke in favor of the rezoning of the property.
	There was no one further to speak and the public hearing closed at 8:21 p.m.
MOTION:	Council Member Worthy moved to approve the rezoning of the property to C1.
SECOND:	Council Member Williams
	A discussion was held regarding the uses and the distinctions between C1, C1P, and P4.
VOTE:	PASSED by a vote of 8 in favor to 2 in opposition (Council Members Massey and Gonzalez)
4.	Consider request to address Council from the following individuals regarding leaf collection in the City:
1.	Nicholas Christopher, 3502 Drayton Road, Fayetteville, NC
	Mr. Christopher spoke regarding reinstatement of leaf collection by the City.
2.	Charles L. Cannady, Sr., 902 Shannon Drive, Fayetteville, NC
	Mr. Cannady spoke regarding reinstatement of leaf collection by the City.
5.	Consider the following items requested by Mayor Pro Tem Kirby and Council Member Williams:
A.	Reinstatement of the leaf season.
	Mayor Pro Tem Kirby stated that the City was expanding and she felt that the City should reinstate the services that the citizens deserve and look forward to.
MOTION:	Mayor Pro Tem Kirby moved to reinstate the leaf collection service and that the City organize one last clean sweep of the leaves for this season and include in the budget for next year the collection of leaves and have staff review giving containers to senior citizens and low-income residents who meet the criteria to receive assistance with water and sewer assessments.
SECOND:	Council Member Williams
	A discussion was held regarding the reinstatement of leaf collection by the City and its cost effectiveness.
	Council Member Worthy stated that Council should have prepared themselves better during the budget session because this was the third time that he knew of in which Council implemented leaf collection and then took it back and with re-implementing the program now, he felt the City was doing a disservice to all of the citizens that purchased containers and containerized their leaves so that they could be picked up.
	A discussion was held regarding the pros and cons of reinstating the leaf collection service.
VOTE:	UNANIMOUS (10-0)
B.	Continuation of large item pickup (white goods and bulky items) at no cost to citizens.
	Council Member Williams presented this item stating this was a basic service that citizens deserve.
MOTION:	Council Member Williams moved to continue the pickup of large items.
SECOND:	Council Member Keefe
	A discussion was held regarding the way large items were previously picked up and if there were problems with citizens habitually putting out bulky or large items and expecting pickup.
VOTE:	UNANIMOUS (10-0)
6.	Consider revised ordinance to provide for local approval of sewer collection system and water distribution system construction or alterations. (PWC)
	Mr. Mick Noland, PWC Chief Operating Officer for Water Resources, presented this item.  Mr. Noland stated these were minor revisions that needed to be made to this ordinance that was adopted some months ago that would allow PWC to issue locally water and sewer line permits that were associated with either developer or other types of commercial construction that was going on.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING VARIOUS SECTIONS OF CHAPTER 28, ARTICLE VI, DELEGATED SEWER COLLECTION SYSTEM AND WATER DISTRIBUTION SYSTEM PERMIT PROGRAM, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA.  ORDINANCE NO. S2003-017.
MOTION:	Council Member Keefe moved to adopt the ordinance.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (10-0)
7.	Presentation and acceptance of FY 2002-2003 Audit of Financial Statements and Schedules.
	Mr. Eddie Burke, Cherry, Bekaert & Holland, presented this item.  Mr. Burke gave an overview of the audit report.  Mr. Burke discussed the audit process, how the audit went, and financial highlights, adding the City had received a very good audit.
MOTION:	Council Member Dawkins moved to accept the audit report.
SECOND:	Council Member Massey
VOTE:	UNANIMOUS (10-0)
8.	Consider recommendations from Board of Directors for City of Fayetteville Linear Park Corporation:
	City Manager Roger Stancil presented this item.  Mr. Stancil reviewed the history of the Cross Creek Linear Park Corporation adding that this corporation was formed to try to develop the Linear Park after many years of trying and to develop it without tax dollars.
A.	Direct staff to develop process of transferring City property along Cross Creek to the Corporation necessary for development of Linear Park and buffers.
MOTION:	Council Member Worthy moved to direct staff to develop process of transferring City property along Cross Creek to the Corporation necessary for development of Linear Park and buffers.
SECOND:	Council Member Haire
VOTE:	PASSED by a vote of 8 in favor to 2 in opposition (Council Members Gonzalez and Keefe)
	A discussion was held regarding the reason why the property needed to be transferred.
B.	Authorize Board of Directors of Corporation to name components of park for donation in excess of $25,000.00 as approved in plan for Park.
MOTION:	Council Member Worthy moved to authorize the Board of Directors of the Corporation to name components of the park for donation in excess of $25,000.00 as approved in the plan for the Park and to take out the verbage in the ordinance that addresses a present sitting Council person.
SECOND:	Council Member Haire
VOTE:	PASSED by a vote of 9 in favor to 1 in opposition (Council Member Gonzalez)
9.	Consider adoption of Budget Ordinance Amendment 2004-6 to enable solid waste service by City forces for some customers now served by contract for Fiscal Year 2004-05.
	City Manager Roger Stancil presented this item stating the City currently has a contract with Waste Industries to service 6,903 residents with solid waste collection.  Mr. Stancil stated the contract was bid at $6.90 per household per month, the contract would expire June 30, 2004, and Waste Industries was not willing to extend the contract at that price and had not given the City a price for a new contract.  Mr. Stancil stated that the City had other contracts with other private haulers that cost about $11.00 per household per month and it had been calculated that the City could provide this service for about $6.50 per household per month, so the recommendation was that when that contract expired, it not be extended so that City forces could provide that service.
	A discussion was held as to why the City had not been providing this service all along if the cost was lower than the contracts with private haulers.
MOTION:	Council Member Worthy moved to adopt Budget Ordinance Amendment 2004-6 to enable solid waste service by City forces for some customers now served by contract for Fiscal Year 2004-05 and to have staff investigate whether the City can handle the other areas that will need the service.
SECOND:	Council Member Smith
VOTE:	UNANIMOUS (10-0)
10.	Consider the re-adoption of the resolution of consideration for annexation and the map identifying the area of consideration.
	Mr. Jimmy Teal, Chief Planning Officer, presented this item.  Mr. Teal stated this was the same map that Council adopted two years ago and he recommended re-adoption of the map.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE IDENTIFYING THE AREA DESCRIBED HEREIN AS BEING UNDER CONSIDERATION FOR FUTURE ANNEXATION.  RESOLUTION NO. R2003-097.
MOTION:	Council Member Smith moved to adopt the resolution.
SECOND:	Mayor Pro Tem Kirby
VOTE:	PASSED by a vote 7 in favor to 3 in opposition (Council Members Haire, Gonzalez, and Williams)
11.	BOARDS AND COMMISSIONS:
A.	APPOINTMENTS:
1.	Fayetteville City Zoning Commission - 2 alternate vacancies- 3 nominations made
	Mr. Henry Clark was reappointed as an alternate to the Fayetteville Zoning Commission.
	Mr. Warren Copenhaver was appointed as an alternate to the Fayetteville Zoning Commission.
2.	Fayetteville Redevelopment Commission - 3 vacancies – 4 nominations made
	Mr. Delvin S. McAllister was appointed to the Fayetteville Redevelopment Commission.
	Mr. Burney Rivenbark was appointed to the Fayetteville Redevelopment Commission.
	Mrs. Charnell T. Green was appointed to the Fayetteville Redevelopment Commission.
B.	NOMINATIONS:
1.	Personnel Review Board - 3 at-large vacancies - 3 nominations needed
	Dr. Ann Chavis was nominated by Council Member Massey.
	Mr. Bobbie Wynn was nominated by Council Member Keefe.
12.	ADMINISTRATIVE REPORTS
A.	Report on adopted policies affecting PWC.
	City Manager Roger Stancil presented this item.
13.	Consider closed session.
MOTION:	Council Member Smith moved to go into closed session to discuss property acquisition.
SECOND:	Mayor Pro Tem Kirby
VOTE:	UNANIMOUS (10-0)
	The closed session began at 10:12 p.m.
MOTION:	Council Member Massey moved to resume the regular session.
SECOND:	Council Member Worthy
VOTE:	UNANIMOUS (10-0)
	The regular session resumed at 10:24 p.m.
INFORMATION ITEMS:
1.	Statement of taxes collected for the month of November 2003 from the Cumberland County Tax Administrator.
2003 Taxes	$2,296,140.26
2003 Vehicle Taxes	218,862.51
2003 Revit	3,696.74
2003 Vehicle Revit	265.89
2003 FVT	25,184.05
2003 Storm Water	142,177.53
2002 Taxes	34,961.93
2002 Vehicle Taxes	40,557.32
2002 Revit	15.53
2002 Vehicle Revit	(        0.86)
2002 FVT	5,415.92
2002 Storm Water	2,686.30
2001 Taxes	7,829.76
2001 Vehicle Taxes	2,038.25
2001 Revit	0.00
2001 Vehicle Revit	0.00
2001 FVT	452.41
2001 Storm Water	862.69
2000 Taxes	1,349.89
2000 Vehicle Taxes	1,719.46
2000 Revit	0.00
2000 Vehicle Revit	0.00
2000 FVT	285.32
2000 Storm Water	120.00
1999 and Prior Taxes	696.84
1999 and Prior Vehicle Taxes	2,852.45
1999 and Prior Revit	0.00
1999 and Prior Vehicle Revit	0.00
1999 and Prior FVT	708.42
1999 and Prior Storm Water	72.00
Interest	13,260.16
Interest (Revit)	1.61
Interest (Storm Water)	490.52
Fayetteville Discount (Current)	0.00
Fayetteville Discount (Revit)	0.00
Total Collections	$2,802,702.90
2.	Information on Legislative Affairs Services Request for Proposals.
3.	PWC:  Strategic Business Decisions Report from Chairman for November 2003.
4.	Letter to Waste Management regarding the Commercial Franchise Agreement with the City of Fayetteville.
5.	Letter from Fayetteville Metropolitan Housing Authority regarding acceptance of Joint Middle Market Housing Development project.
6.	Report on status of ongoing annexation projects.
7.	Parks and Recreation Advisory Commission - minutes of October 27, 2003.
8.	Airport Commission – minutes of October 21, 2003.
9.	CCBC – Board update of November 25, 2003.
10.	Planning Department - monthly reports for August, September, and October.
MOTION:	Council Member Smith moved to adjourn the meeting.
SECOND:	Mayor Pro Tem Kirby
VOTE:	UNANIMOUS (10-0)
	The meeting adjourned at 10:26 p.m.