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HomeMy WebLinkAbout1994.09.06 Council MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING SEPTEMBER 6, 1994 CALL TO ORDER The meeting was called to order at 7 30 P M by Joyce DeFelice, Mayor ROLL CALL By Deputy City Clerk Councilmembers present Joyce DeFelice, Michael Garrison, Edgar Hargrow, Chris Jensen, Charles Kilbury, Dan Lathim, and Carl Strode Also present Gary Crutchfield, City Manager, Greg Rubstello, City Attorney, David McDonald, City Planner, Dennis Wright, City Engineer, Dan Underwood, Finance Director, Richard Smith, Community & Economic Dev Director, and Kurt Luhrs, Administrative Assistant PLEDGE OF ALLEGIANCE The meeting was opened with the Pledge of Allegiance CONSENT AGENDA MOTION Mr Garrison moved to approve the Consent Agenda Seconded by Mr Lathim Motion carried unanimously Consent items are as follows A) Approval of Minutes To approve minutes of Regular Meeting held August 15, 1994 B) Bills and Communications To approve General Claims in the amount of $1,987,444 90 ($34,481 36 being in the form of Wire Transfer Nos 2909, 2910 and 2913, and $1,952,963 54 consisting of Claim Warrants numbered 87897 through 88145 Payroll Claims To approve Payroll Claims in the amount of $753,655 71, Payroll Voucher Nos 37617 through 37869, and 37897 through 38136 Bad Debt Write-offs To approve bad debt wnte-offs for utility billing, ambulance, cemetery, miscellaneous, and Municipal Court non-cnmmal and criminal accounts receivable in the total amount of $95,883 55 and, of that amount, authorize $91,084 56 be turned over for collection C) Agreement with Bureau of Reclamation To authorize the Mayor to execute an agreement with the Bureau of Reclamation by which the City of Pasco will be granted an easement for roadway and sewer for utilities to serve the wastewater treatment plant D) Acquisition of Railroad Tank Car To authorize the City Manager to enter into an agreement with the Washington State Historical Railroad Society for the renovation, maintenance and display of an antique railroad tank car E) Special Permit Off-site Parking Lot for Our Lady of Lourdes Hospital (MF #94-51-SP) To approve the special permit for the Our Lady of Lourdes off-site parking lot, as recommended by the Planning Commission F) Special Permit Location of an Electrical Substation on the Processing Center Site (MF #94-52-SP) To approve the special permit for the Franklin County PUD Substation, as recommended by the Planning Commission MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 6, 1994 G) Special Permit Location of a Counseling Center at 2110 West Henry Street (Community Service Facility) (MF #94-53-SP) To approve the special permit for the La Chnica Counseling Center, as recommended by the Planning Commission H) Resolution No 2149 To approve Resolution No 2149, fixing 7 30 p m, October 3, 1994, as the time and date for a public heanng to consider the proposed vacation I) Resolution No 2150 To approve Resolution No 2150, fixing 7 30 p m, October 3, 1994, as the time and date for a public hearing to consider the proposed vacation PROCLAMATION AND ACKNOWLEDGMENTS "Yard of the Month" Awards, August, 1994 The following Pasco residents were presented Certificates of Appreciation for "Yard of the Month" from Mayor Joyce DeFehce Steve and Cheryl Purvis, 607 N Douglas Street (unable to attend) Sylvia Dukelow, 304 S 25th (unable to attend) Kathy Elzie, 503 N 9th (unable to attend) Eugene and Mary Lou Storkel, 1615 W Mane (unable to attend) Jim and Pat Richter, 1808 Road 24 Landy and Pam Tangbakken, 4107 Meadowview Drive (unable to attend) VISITORS None REPORTS FROM COMMITTEES AND/OR OFFICERS No reports given due to lengthiness of the agenda PUBLIC HEARINGS Sewer Rate and System Development Charge Hearing Mr Dan Underwood, Finance Director, addressed Council and noted for the record that notice of the public hearing was published as required by law He then introduced Mr Thomas Gould, of Economic and Engineering Services, Inc (EES), to the Council and the audience Mr Thomas Gould, of EES, addressed Council and the audience to give an overview of the rate study process He explained that EES compared the City's total utility revenues to its expenses in order to determine the overall need for a rate adjustment based on a "cash basis" approach The City's budget and capital improvement plan was used as a starting point with the rate revenues "at present rate levels" as the baseline measure of adequacy Operation and maintenance (0 & M) costs are projected to increase during the 1994-2000 time period due to inflation (3% to 5% per year), and the need for additional personnel to operate the expanded treatment plant A significant number of major capital improvement projects are planned During the 1994-2000 time period, capital improvements of $26 3 million will be undertaken Phase I, II, and III wastewater treatment plant improvements are projected to be $19 2 million during 1994-1997 Major funding for the capital improvement projects will come primarily from low-interest State revolving fund loans and revenue bonds Mr Gould explained that it was EES's recommendation that capital - 2 - MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 6, 1994 improvement projects and the resulting debt service have financially impacted the sewer utility to a significant level Debt service coverage ratios are insufficient without a rate adjustment EES recommends a 50% adjustment to sewer utility rates and assumed an "across-the- board" adjustment to rates, based upon cost of service adjustments implemented during the last rate study EES also felt that rates should be reviewed on an annual basis over the next few years to assure that rates are tracking actual costs It was also felt that a review of system development charges (SDC) was necessary Capital projects can be divided between renewal and replacement related and growth related projects The methods of financing these two types of costs may differ SDC's are a method of recouping the cost of growth related facilities from new customers The use of SDC's should help to shelter existing customers from the cost of growth EES recommended that the SDC's for dwelling units be increased to $540 00 per unit and hotel/motel units be increased to $220 00 per unit Mr Tony Crutch, of HDR Engineering, addressed Council and the audience and explained that the majority of what is being spent is going towards the Wastewater Treatment Plant upgrade that 3 years ago was estimated to be in the range of $12 million for improvements That estimate is now approximately $19 million In the last three years the Department of Ecology has been strict in regards to the City's future disposal of wastewater in the Columbia River Part of the conditions that have been placed on the City includes the following The wastewater treatment plant will have to be designed to mtnfy the wastewater, which means that the City will have to take the ammonia out of the wastewater before it's discharged to the river This adds about $2 5 million to the overall costs of improvements The effluent must hqave mmimal metals, organics and inorganics m the wastewater as they impact fish in the river A standard, based on the toxicity of those materials, will be imposed on the City As a past practice the City has chlorinated wastewater before discharging it to the river There is a new requirement that states chlorine is toxic to fish and cannot be used as a disinfectant before discharging wastewater to the river UV (ultra voilet light) disinfection will be added to the improvements and this will add approximately $500,000 to projected costs The City historically, has been disposing of sludge in the land fill, however, the State has said that the City will no longer be able to do this Sludge will have to be disposed of on land application sites (i e, farms approved for sludge application) This will add $1 million to the annual operating cost of the plant There will be monitoring, record keeping and testing requirements that are needed at the plant This will add about $250,000 in capital costs and a staff member will have to be added It may be necessary to extend the out-fall and put in a diffuser to the river This will add about $500,000 to the project There will be pumping station modifications to meet State safety requirements costing about $1 5 million When added together the additional improvements it come to approximately $6 million Mr Crutch explained that HDR has made significant efforts in the design of the project to reduce the costs and still meet the minimum requirements of the State The capital projects involving line extension are the east/west gravity trunk and the TRAC line These are interceptor pipelines and are will not serve specific pieces of property They are general in nature, to serve a larger area and as the area develops the system development charges will be assessed and there will be new customers for the City These new customers will help to spread the cost of these improvements to a broader base of rate payers There is a large pump station upgrade that's included in 3 MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 6, 1994 the capital improvements to meet State safety requirements Mr Crutchfield explained that there will be adamant discussions with State officials on the requirement that the City stop disposing of dry sludge in the land fill The City has been doing this for 20 years The Federal EPA has documented that this is actually beneficial to land fills because it helps with the decomposition processes, and yet, the State Department of Ecology has interpreted a State law to mean that the State doesn't want sludge disposed in land fills They feel that the sludge should be recycled and create some beneficial reuse from it The City will be tackling this issue between now and the legislative session to try to save approximately $1 million in capital costs and another $100,000 a year in operating costs The City has also objected to two remaining conditions included on the permit Mr Crutch explained that the City was required to file for a new NPDES permit, which resulted in some of the new standards being imposed In approximately February, 1994, the City received a new permit with some of these very unusual standards incorporated in it The City did appeal some of the unusual conditions that were in the permit In addition to the sludge issue there is a condition related to the total mass limits (i e , biological oxygen demand and total suspended solids) that the City is permitted to discharge to the river The mass limits the State wanted to set would have required the City's treatment plant to perform at a level of about 92% efficiency, instead of the normally required 85% under State laws The other issue is the metals in the effluent and it has been appealed based on a rather liberal interpretation of the criteria under the water quality based standards There is a hearing sometime in October and citizens should attend to aupport the City in it's position to eliminate these rather unusual conditions in the permit Mr Crutchfield wanted to point out to the audience that the City has a low income rate for fixed income senior citizens If senior citizens meet the qualification requirements they will receive reduced water and sewer base rates Mr Underwood explained that a senior citizen (65 years) household of two would qualify if their combined income was under $23,000 MAYOR DEFELICE DECLARED THE PUBLIC HEARING OPEN TO DISCUSS THE PROPOSED 50% RATE INCREASE ANTICIPATED TO BECOME EFFECTIVE BY JANUARY 1, 1995, FOR ALL CUSTOMERS OF THE CITY OF PASCO SEWER UTILITY Mr Ruddy Seholm, of 1903 N 12 Avenue, presented a petition to Council and stated that he was against the proposed increase and felt that an increase in rates should be paid by those pay -mg hook-up fees Mr Widows, of 420 N 2 Avenue, stated that he wanted to hear something about the inequity of taxation It was his opinion that rates should be based on the number of persons in the household because a household with many members would use the sewer system more than a smaller household Mr Crutchfield explained that the utility system is one of the few service based fees that the City has and is supported by those who use it on an equitable basis It is true that where there are two or three families in a single family dwelling unit someone is getting by with paying less than if each family was in separate units This is relatively insignificant when looking at the whole total of $3 million a year There is an increased effort on the part of the City to inspect dwelling -4- MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 6, 1994 units where there is suspected over-crowding Two code enforcement officers have been added in the last year in an effort to beef up that effort Ms Piper Brown, of 1703 N 18 Drive, stated that she was opposed to the proposed rate increase because the citizens of Pasco are already paying the second highest property tax in the State, add to this that Pasco would be the second highest in sewer rate charges per month She wanted to know when it would end She felt that as a single parent she couldn't afford an mcrease in rates Mr Bernard Shaw, of 1732 18 Drive, was opposed to the proposed rate increase because the citizens of Pasco have gone along for years without all of these rate increases He explained that his renters would have to bare the cost of an increase Mayor DeFehce pointed out that the City of Pasco, for nearly a decade, had nearly the lowest combined water and sewer rates in the State There weren't any increases passed on to build up any kind of reserves The City is now at a point where it is required to make improvements to the treatment plant These improvements are nearly 75% of the capital projects being financed with the proposed increase in rates The reason Council is considering this is because if the treatment plant is not upgraded and expanded the Building Department would have to stop issuing building permits At some point in time these improvements will have to be done and as the user base is expanded the costs are spread out over a larger basin and everybody pays less in the long run Mr Joe Connel, of Sun Willows, is opposed to the proposed increase until some further study is done He hasn't heard that the City has looked at the requirements of the permit enough and felt that the City should look into what's happening in other cities along the river to see what they are being required to do Mr Garrison stated that the City is not considering rate increases to keep up with the Jones' The City is doing this because of the Department of Ecology and their requirements Mr Crutchfield pointed out that staff has diligently looked at what other cities have been doing and that formed the basis of about a year and a half of negotiations with the Department of Ecology and it's also part of the basis for an appeal on part of the permit conditions Staff is not ignorant of what is happening in other cities Mr Ed Welsh, of 1218 S 4 Avenue, spoke in opposition of the proposed rate increase and felt that the City should fight the unusual conditions in the permit from the Department of Ecology Mr Cle O'Neal, of 1914 N 9 Avenue, was opposed to the proposed rate increase and felt that the last increase should have taken care of the treatment plant improvements He wanted to know if the users would have their rates lowered after the improvements were completed? Mr Crutchfield explained that at the end of 20 years when the bonds are paid off there wouldn't be the debt service, but there will be other capital costs Ms Carol Hack-with, of 420 N 8 Avenue, was opposed to such a high increase because it would be hard for some people to take No one got a 50% raise in 1994, and she felt that if the amount could be lowered the citizens could accept it -5- MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 6, 1994 Mr Len Shear, of 904 S 7 Avenue, stated that he couldn't see putting in a sewer system north of Argent when there isn't anybody there yet He felt it was unfortunate that renters were unable to benefit from a rate reduction because they aren't property owners Mr Crutchfield wanted to correct the notion that the rate increase is somehow inequitable on property owners If it were like a school bond issue, which are in fact tied to property value, there would be some inequities This, however, is a system which is paid for by the users who turn on the water and flush the commode Mr Underwood wanted to point out that low income senior citizens who rent can qualify for the reduced rate as long as the account is in their name and not the landlords Mr Leroy Seholm, no address given, stated that he has worked hard to help improve the image of downtown Pasco He felt that some positive things needed to be done for the future of Pasco Mr Danny Rezendes, no address given, spoke in opposition to the proposed increase and wanted to know where all the money collected by the previous rate increase has gone? Mr Crutchfield explained that when sewer rates were increased two years ago it was based on the estimate of the time that the sewer plant, in order to meet State requirements, would cost about $12 million It is now $19 million to meet those standards Over the course of the past year the City has experienced additional requirements imposed by the State above and beyond that which was expected when the original estimate was made two years ago, and which was the basis for the original rate adjustment Staff is now having to go back and look at the rates because the City is going to have to spend $19 million instead of $12 million The recommendation from EES is raise rates another 50% Mr Rezendes then asked why the City was expanding out to Road 100 with the sewer system? Mayor DeFelice explained that the expansion to Road 100 is to promote development along the interchange Mr Crutchfield stated that the sewer line going out to Road 100 is a $2 million project, which will facilitate growth and development in the highway corridor that the City would not experience otherwise This area will develop and encourage more rate payers to be connected to the system which will help to pay the $19 million treatment plant upgrade The line to Road 100 will serve TRAC and facilitate development of an office park, which is presently being planned, with construction to start either late this year or early next year If everything works out over the next couple of months a factory outlet mall is planned for Road 100, which will generate additional sewer revenue, and significant other general taxes to the City, that can be used to provide additional services and maintain current services within the City Mr Crutchfield explained that the organizations developing along the sewer line will pay for all the lines within their development 100% and when they connect to the sewer trunk line they will pay the equivalent of $540 00 per equivalent residential unit This money, as it's collected, will go into the sewer fund and keep future rate increases down Mr Dale Schultz, 3980 W Court St, felt that the farm land owned by the City was the reason behind the proposed rate increase It was his opinion that the rate increases were being used to pay the mortgage payments for the land -6- MINUTES PASCO CITY COUNCIL SEPTEMBER 6, 1994 REGULAR MEETING Mr Crutchfield felt that it would be a travesty to mislead the community about this issue because these allegations were completely false He explained that the annual lease payments for the land were covered entirely by the income received from the farmers rent payments and he would be willing the set up a meeting with the State Auditor's office for anyone who wanted to look into this issue Mayor DeFelice explained to the audience that the City is forbidden by State law to use sewer revenues to subsidize anything other than the cost of using that system Ms Jacqueline Ramirez, 435 S Elm Avenue, asked if any improvements were going to be made in the East Pasco area with the money collected by the rate increase? Mr Crutchfield explained that approximately $500,000 will be spent on upgrading the line that serves as a trunk line for the East Pasco system to take out the bottle-neck that affects the available capacity on the east side Mr Connel asked what was the dnving force on the time frame for the rate increase? He asked if some of the 1995 and 1996 projects could be delayed until 1998 2 Mr Crutchfield explained that the City has a permit from the Department of Ecology that requires the City to undertake the upgrade in three phases (ongmally they wanted it all done at once) The City negotiated a permit with them that said the City could do the upgrade in phases and spread the cost and the work over three years Mr Leroy Seholm asked if the State regulations were stncter than the Federal regulations'? Mr Crutchfield pointed out that the City has appealed two of the conditions on the permit while the other conditions are consistent with Federal law and there is no reasonable expectation of winning any appeals on them Mr John Mitchell, of 520 Sycamore Avenue, felt that the sewer lines going out into the County should be paid for by the County and that the City should devote its funds to City projects He felt that those benefiting from the trunk line should have to have an LID just as he did Mr Crutchfield explained that the trunk line going out to Road 100 is within the City limits and that when neighborhoods are prepared to hook onto the line they will only be able to do this through an LID Ms Jenny Hengstad, 1716 W Octave St, asked why it costs more to get nd of water than to have clean water come into your house? She also wanted to know why the Council felt Pasco has to grow and what would be wrong with Pasco staying small? Mr Darrel Martinez, of 719 W Jan St, wanted to know who did the survey on the projected growth and current size of Pasco? Mr Crutchfield explained that the sewer plant upgrade is being done in order to meet environmental standards It is not intended as a growth accommodation and the same amount of money would have to be spent on the sewer plant regardless of any growth, or the lack of growth, in Pasco The City uses the population as defined by the State of Washington Office of Financial Management, which is the same population estimate figure that all cities and counties in the State are required to use for growth management planning -7- MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 6, 1994 Following three (3) calls from Mayor DeFelice for comments from the floor, either for or against, the public hearing was declared closed ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS ORDINANCE NO. 3046 AN ORDINANCE CONCERNING VACATION ACCRUAL BY CITY EMPLOYEES, AND AMENDING SECTIONS 242 180, 2 42 210 AND 2 42 240 OF THE PASCO MUNICIPAL CODE MOTION Ordinance No 3046, was read by title only Mr Jensen moved to adopt Ordinance No 3046, concerning vacation accrual by non-represented city employees Mr Garrison seconded the motion Motion camed unanimously Resolution No. 2151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DECLARING ITS INTENTION TO ENLARGE THE BOUNDARY OF LOCAL IMPROVEMENT DISTRICT NO 128 AND TO MAKE ADDITIONAL IMPROVEMENTS NOT INCLUDED IN THE ORIGINAL SCOPE OF WORK TO THE ADDITIONAL PROPERTY AND TO ASSESS THE COST AND EXPENSE OF CARRYING OUT THOSE IMPROVEMENTS AGAINST THE ENTIRETY OF LOCAL IMPROVEMENT DISTRICT NO 128, AND NOTIFYING ALL PERSONS WHO DESIRE TO OBJECT TO THE IMPROVEMENTS TO APPEAR AND PRESENT THEIR OBJECTIONS AT A HEARING BEFORE THE CITY COUNCIL TO BE HELD ON OCTOBER 3, 1994 MOTION Resolution No 2151 was read by title only Mr Garrison moved to approve Resolution No 2151, declaring Council's intention to amend the L I D Boundary and Scope of Work for Pasco Processing Center L I D No 128 and to set a public hearing date on October 3, 1994 Mr Lathim seconded the motion Motion carned unanimously Resolution No. 2152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DECLARING ITS INTENTION TO ENLARGE THE BOUNDARY OF LOCAL IMPROVEMENT DISTRICT NO 126 TO INCLUDE ONE ADDITIONAL PARCEL OF PROPERTY AND TO MAKE STREET IMPROVEMENTS NOT INCLUDED IN THE ORIGINAL SCOPE OF WORK TO THE ADDITIONAL PARCEL AND A SECOND PARCEL OF PROPERTY CURRENTLY WITHIN LOCAL IMPROVEMENT DISTRICT NO 126 AND TO ASSESS THE COST AND EXPENSE OF CARRYING OUT THOSE ADDITIONAL IMPROVEMENTS AGAINST ONLY THE TWO PARCELS OF PROPERTY SPECIALLY BENEFITED THEREBY, AND NOTIFYING ALL PERSONS WHO DESIRE TO OBJECT TO THE ADDITIONAL IMPROVEMENTS TO APPEAR AND PRESENT THEIR OBJECTIONS AT A HEARING BEFORE THE CITY COUNCIL TO BE HELD ON OCTOBER 3, 1994 MOTION Resolution No 2152 was read by title only Mr Garrison moved to approve Resolution No 2152, indicating Council's intention to amend the L I D Boundary and Scope of Work for the Broadmoor Park L I D and, further, setting a public hearing date for October 3, 1994 Mr Lathim seconded the motion Motion calmed unanimously 8 MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 6, 1994 UNFINISHED BUSINESS None NEW BUSINESS Baseball Stadium Loan from City of Richland MOTION Mr Garrison moved to approve the loan agreement with the City of Richland for the baseball stadium and authorize the Mayor to sign the agreement Mr Strode seconded the motion Mr Jensen wanted to be sure that language was included in the agreement that would allow the City of Richland to take a second look at the loan agreement if the Western Baseball League doesn't use the proposed baseball stadium Mr Crutchfield assured Mr Jensen that there was language in the preamble of the agreement that specifically named the Western Baseball League Motion earned unanimously Building and Grounds Supervisor MOTION Mr Garrison moved to authorize creation of a Building and Grounds Supervisor position at a maximum salary of $3,459 per month and, further, authonze the City Manager to fill the position and include the associated expenditures in the 1994 General Fund Supplemental Budget Mr Jensen seconded the motion Motion carried by unanimous roll call vote Award of a Contract for Wastewater Treatment Plant Digester Facility MOTION Mr Garrison moved to award the contract for the Wastewater Treatment Plant Digester Facility to the low bidder, Pacific Crest Construction, in the amount of $2,345,124 32 and, further, authorize the Mayor to sign the contract documents Mr Lathim seconded the motion Motion carried by unanimous roll call vote Prospectus and Municipal Agreement for the Construction of Burden Road Mr Wright explained that the City recently attempted to obtain a federal aid grant for the construction of Burden Road and were awarded a partial grant in the amount of $276,000 This money is available to the City, and if acted upon promptly, there maybe a TIB Grant in the amount of approximately $43,000 in matching funds This will leave approximately $30,000 of local funds to pay for the rest of the roadway Part of the City's assumption in applying for the grant, is that the County would dedicate the necessary right-of-way along the south half of the roadway, however, staff has been unsuccessful in negotiating with the County to gain the right-of-way Discussions held today indicated the County would probably be willing to do so with some other concessions from the City in order to go ahead The immediate problem staff is facing is the need to get a draft copy of the prospectus and the municipal agreement If these items are sent to the State within the next couple of days it will, hopefully, preserve the City's right to apply for the $43,000 in matching funds that are available It is staffs intention to start the process in order to be able to respond in a timely manner to meet the deadlines imposed by the State -9- II II MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 6, 1994 MOTION Mr Garrison moved to authorize the City Manager to execute local agency agreement in federal aid project prospectus for construction of Burden Road Mr Strode seconded the motion Mr Crutchfield explained that there is an urgency to get the necessary paperwork in to the State in the hopes of qualifying for the additional $43,000 Staff wants to have this door open to the City to hopefully work out an agreement with the County whereby the City can build the full improvement on the south half of Burden Road as envisioned by the grant and as would be assisted by the State If this is not done the City will have to find an additional $43,000 locally Staff discussed this with the County in hopes of having this issue resolved Unfortunately, the County couldn't see it's way clear to give it's full commitment at this time, although there is some interest, and that would be that the County provide the right-of-way if the City picked up all local costs associated with the construction of the south half of Burden Road With federal grants and State contributions the local cost was estimated at $30,000 to $50,000 The Street Fund could absorb this and in the long run it's much better to have that full width improvement on Burden Road, not only for TRAC, but the overall traffic circulation that will use Burden Road It's staffs feeling that it isn't worth not having this happen The City could spend this amount of money, as it's share of building the road, if State funding is lost It is staffs position that the City should commit to paying the local share of Burden Road if the County is willing to dedicate the right-of-way, immediately, to insure getting the $43,000 from the State Doing it this way, the City wouldn't experience any additional costs than what would be faced if the County refuses to give the right-of-way Motion earned by unanimous roll call vote MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL None EXECUTIVE SESSION Mayor DeFelice recessed the regular meeting to an executive session to discuss litigation ADJOURNMENT No further business, the meeting was adjourned at 10 09 P M Joy elice, Mayor ATTEST wgre2re'", - AP_ . Art Catherine D Seaman Deputy City Clerk PASSED and APPROVED this 19 day of September , 1994 -10 -