0602200548
MINUTES
CITY OF DUNN
DUNN, NORTH CAROLINA
The City Council of the City of Dunn held a Regular Meeting on Thursday, June 2, 2005, at 7:00 p.m.
in the Dunn Municipal Building. Present was Mayor J. Dal Snipes, Mayor Pro -Tem Donnie Olds,
Council Members Buddy Maness, Bryan Galbreath, Billy Tart, Billy R. Godwin, Jr. and Joey Tart.
Also present was City Manager Michael Uskiewicz, Assistant City Manager/Public Works Director
Ronnie Autry, Human Resources /Safety Officer Moses Gallion, Finance Director Renee' Daughtry,
Building Inspector Mike Blackmon, City Planner Julie Reid, Recreation Director Perry Hudson,
Police Chief Tim Benware, Police Captain Marry Denning, City Engineer Ed Powell, City Attorney
P. Tilghman Pope, City Clerk Debra West, Daily Record Reporter Lisa Farmer and Fayetteville
Observer Reporter.
INVOCATION
Mayor Snipes opened the meeting at 7:00 p.m. and asked Council Member Galbreath to give the
invocation. Afterwards, the pledge of allegiance was repeated.
PRESENTATIONS
PRESENTATION
DEBORAH MELVIN
Mayor Snipes presented Librarian Deborah Melvin a retirement plaque in recognition and appreciation of
her sixteen years of service to the City of Dunn.
Mayor Snipes closed the regular meeting and opened public hearings at 7:05 p.m.
PUBLICHEARINGS
CODE AMENDMENT TO ZONING ORDINANCE
CHAPTER 2, ARTICLE IV, DIVISION 2, SECTION 2 -108
The public has been notified that oral and written comments will be heard and received concerning the
request by the City of Dunn Planning Department to amend the City of Dunn Code of Ordinances, Chapter
2, Article IV, Division 2, Section 2 -108 (Composition of Planning Board; terms of members, vacancies;
attendance at meetings).
The public hearing was duly advertised on May 17, 2005 and May 24, 2005.
Mayor Snipes asked if there was anyone present to speak for or against this code amendment. Hearing
none, public hearing was closed with reference to same.
REZONING REQUEST
ADINATH, INC. IV — PIN # 1516 -84 -6019
INTERSECTION OF E. PEARSALL ST. AND E. POPE ST.
APPROXIMATELY ONE - HUNDRED
FEET WEST OF SAMPSON AVE.
The public has been notified that oral and written comments will be heard and received concerning the
request by Adinath, Inc. IV to rezone a developed property located at the intersection of E. Pearsall Street
and E. Pope Street approximately one - hundred feet west of Sampson Avenue.
This property is zoned R -M Multi - family and is requested to be rezoned to C -3 Highway Commercial.
The public hearing was duly advertised on May 17, 2005 and May 24, 2005.
Mayor Snipes asked if there was anyone present to speak for or against this rezoning request. Hearing
none, public hearing was closed with reference to:same.
BUDGET FY 2005 -2006
The public has been notified that the City Council of the City of Dunn will hold a public hearing for the
purpose of receiving public comment concerning approval of the Fiscal Year 2005 -2006 budget.' r'\
The public hearing was duly advertised on May 20, 2005 and May 27, 2005
Mayor Snipes asked if there was anyone present to speak for or against the proposed FY 05 -06 budget.
Hearing none, motion by Council Member Godwin, seconded by Council Member Joey Tart to close public
hearings and reconvene the regular council meeting at 7:08 p.m. Motion unanimously approved.
CONSENTITEMS
Mayor Snipes asked if there were any consent items that Council wished to pull for further discussion.
Hearing none, the following items were considered by Council:
Minutes - Council considered approval of minutes of the May 5, 2005 meeting
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Tax Releases/Refunds- Council considered approval of Tax Release/Refund #102.
Tax Releases /Refunds are filed in the office of the Tax Collector
Resolution -ABC Permit Notification - Council considered approval of an ABC Permit Notification
Resolution which designates City Manager Michael Uskiewicz as the official who will make
recommendations to the ABC Commission on each ABC permit application. A copy of this ABC Permit
Notification Resolution (R2005 -05) is incorporated into these minutes as Attachment #1.
Averasboro Fire District Contract - Council considered approval of the annual Averasboro Fire District
contract for FY 2005 -06. A copy of the FY 05 -06 Averasboro Fire District Contract between the County of
Harnett and the City of Dunn is incorporated into these minutes as Attachment #2.
Firemen's Local Relief Fund Board of Trustees Appointment — Council considered approving
reappointment of Boyd Barefoot and Richard Hedgepeth to the Firemen's Local Relief Fund Board of
Trustees for FY 2005 -06.
Motion by Mayor Pro -tem Olds, seconded by Council Member Galbreath to take the following item of
business from the table and place under 'Items for Decision"
1) Demolition ofHouse
111 W. Divine Street
Motion unanimously approved.
Motion by Council Member Joey Tart, seconded by Mayor Pro -tern Olds to approve all consent items
Motion unanimously approved.
ITEMS FOR DECISION
CODE AMENDMENT
CHAPTER 2, ARTICLE IV, DIVISION 2
SECTION 2 -108
Mayor Snipes yielded to City Attorney Pope to explain this issue
Prior to August, 2003, the Planning Board consisted of (4) in -town members and (3) ETJ members. In
August, 2003, a code provision was proposed to the council which would have changed the proportional
membership of the Planning Board to (6) in -town members and (1) ETJ member. The City Council made a
motion and second to adopt this code provision as presented; however, an amendment was made which
passed relative to the motion. Mr. Pope explained, that from the August 7, 2003 minutes, it does not appear
that the council voted on the motion as amended which should result in the present code ordinance as it
✓ relates to the composition of Planning Board Members being the same as it was prior to August, 2003.
Mr. Pope stated that there are some ambiguities that need to be clarified. The proposed code amendment
before the council tonight will make clear, exactly what the composition of the Planning Board would be
and a mechanism to achieve staggered terms within that particular board.
If the proposed code amendment attached is approved, the representation on the Planning Board would
consist of (6) in -town members and (1) ETJ member.
Motion by Council Member Godwin, seconded by Council Member Joey Tart to approve the proposed
code amendment to Section 2 -108 (Composition of Planning Board; Membership and Vacancies) except
the language in the proposed revision that is underlined and in bold print. Motion unanimously
approved. A copy of 02005 -08 is incorporated into these minutes as Attachment #3.( *Clerk's Note:
Reference 02003 -06 in Minutes ofAugust 7, 2003)
Council Member Godwin explained that the added language underlined and in bold print is surplus
language, and is not necessary to achieve the intended effect.
This amendment will result in the Planning Board consisting of six (6) in -town members and one (1) ETJ
member with staggered terms.
REZONING REQUEST
ADINATH, INC. IV
PIN #1516 -84 -6019
INTERSECTION OF E. PEARSALL ST.
AND E. POPE ST. APPROXIMATELY
ONE - HUNDRED FEET WEST OF SAMPSON AVENUE
Mayor Snipes stated that this is a request from Adinath, Inc. IV to rezone a developed property located at
the intersection of E. Pearsall St. and E. Pope St. approximately one - hundred feet west of Sampson
Avenue.
He added that this property is zoned R -M Multi - Family Residential and is requested to be rezoned to C -3
Highway Commercial.
Mayor Snipes explained that this is a corrective zoning issue
The Planning Board met on May 24, 2005 and recommended approval of this rezoning.
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Motion by Council Member Galbreath, seconded by Council Member Billy Tart to approve the request by
Adinath, Inc. IV to rezone the developed property located at the intersection of E. Pearsall St, and E. Pope
St. approximately one - hundred feet west of Sampson Avenue from R -M Multi - Family Residential to C -3
Highway Commercial. Motion unanimously approved.
ADOPTION OF FY 2005 -2006
BUDGET
The public hearing for the Fiscal Year 2005 -06 City of Dunn budget was held tonight.
Mayor Snipes expressed his appreciation to the council, City Manager and department heads for the
deliberations that have taken place during the recent budget workshops.
Mayor Snipes opened the floor to entertain a motion.
Motion by Mayor Pro -tem Olds, seconded by Council Member Billy Tart to adopt the Fiscal Year 2005 -06
budget as presented.
Mayor Snipes asked if there was further discussion.
Council Member Godwin concurred with Mayor Snipes and stated that the Council's work sessions were
very productive. He also thanked the City Manager and department heads for their job in putting the
budget together.
Mayor Pro -Tem Olds stated that he would like to see the citizens of Dunn become more involved with the
budget workshops to enable them to be more knowledgeable of the Council's decisions.
Motion unanimously approved. A copy ofFY05 -06 Budget Ordinance (02005 -09) is incorporated into
these minutes as Attachment #4.
RESOLUTION OF INTENT
ALLEY CLOSURE- GEORGE WISE
NORTH -SOUTH FROM CANARY STREET
TO GODWIN STREET BETWEEN
SOUTH FAYETTEVILLE AVENUE
AND NORTH RAILROAD AVENUE
The adjoining property owner has requested that the alley that runs north -south from Canary Street to
Godwin Street between South Fayetteville Avenue and North Railroad Avenue be closed permanently.
The Resolution of Intent to permanently close this alley is attached and the public hearing will be held at
the July 7, 2005 meeting if approved. The property owner making this request has sole ownership of all
abutting property to this alley.
The Planning Board met on May 24, 2005 and recommended approval of this alley closure.
Motion by Council Member Joey Tart, seconded by Council Member Godwin to approve the Resolution of
Intent and call for a public hearing to be held at the July 7, 2005 Council meeting for the purpose of
permanently closing an alley running north -south from Canary Street to Godwin Street between South
Fayetteville Avenue and North Railroad Avenue. Motion unanimously approved. A copy of the
Resolution oflntent to close alley (R2005 -06) is incorporated into these minutes as Attachment #5.
ACCEPTANCE OF POLICE
ATHLETIC LEAGUE (JCPC)
GRANT
The Dunn Police Athletic League (PAL) has been awarded a Police Athletic League (Juvenile Crime
Prevention Council) Grant through the North Carolina Juvenile Crime Prevention Council.
The City is scheduled to receive $6,900 in grant revenues. The grant requires a local match of 10% cash
and an In -Kind Match which Dunn PAL has satisfied. Dunn PAL will utilize $1,000 from its approved
budget year 05 -06 to satisfy the 10% cash match, and the In -Kind Match has already been satisfied.
Motion by Mayor Pro -Tem Olds, seconded by Council Member Galbreath to accept the Police Athletic
League (JCPC) Grant in the amount of $6,900 with a 10% cash and In -Kind Match by PAL. Motion
unanimously approved.
BOARD APPOINTMENTS
The following board appointments were made to various boards:
ABC Board
Motion by Council Member Galbreath, seconded by Council Member Godwin to reappoint Shannon
Brown to the ABC Board. (Term will expire June 30, 2008) Motion unanimously approved.
Dunn HousingAuthority
Mayor Snipes explained that a letter was received from Ms. Darlene Maynard, Executive Director of the
DHA on behalf of the Dunn Housing Authority Board of Directors requesting that the membership of this
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board decrease from (6) commissioners to (5) commissioners as was originally made when the housing
authority was organized on July 6, 1967. On June 6, 1991, the board was expanded from five (5) to six (6)
members with one (1) member directly assisted by the public housing authority.
A resolution is attached for council consideration which would reduce the board membership back to five
(5) commissioners. City Attorney Pope read the resolution.
Motion by Council Member Joey Tart, seconded by Mayor Pro -Tem Olds to adopt the resolution
authorizing decreasing the membership of the Dunn Housing Authority from six (6) commissioners to five
(5) commissioners. Motion unanimously approved. A copy of this resolution (R2005 -07) reducing the
DHA membership to five (5) commissioners is incorporated into these minutes as Attachment #6.
City Attorney Pope explained that there is one board member whose term expires on June 30, 2005. Once
that term expires, there will be five (5) members remaining and the vacancy will not be filled because with
the adoption of this resolution, it will no longer exist.
Dunn Housing Authority — Tenant Appointment
Mayor Snipes reappointed Charles McNeil as tenant representative for a one -year term. (Term begins July
1, 2005 — Term expires June 30, 2006)
Library Board
Motion by Mayor Pro -Tem Olds, seconded by Council Member Maness to reappoint Debbie Williams and
John C. Coley to the Dunn Library Board. (Term begins July 1, 2005 — Term expires June 30, 2008)
Motion unanimously approved.
Recreation Commission
Motion by Council Member Godwin, seconded by Council Member Billy Tart to reappoint Denise
Whitman; Eddy Langston, Shirley White and Dewayne Holmes to the Recreation Commission. (Term
begins July 1, 2005 — Term expires June 30, 2008) Motion unanimously approved.
Board of Adjustments
Motion by Mayor Pro -Tem Olds, seconded by Council Member Maness to appoint John Archie and to
reappoint Blount Whiteside, Arthur Hudson, and D.J. Jacobs to the in -town membership of the Board of
Adjustments and to reappoint Gary Beasley (567 Ammons Rd. Dunn) and Brian Johnson (1490 Hobson
Rd., Dunn) as ETJ appointments. (Term begins July 1, 2005 — Term expires June 30, 2008) Motion
unanimously approved.
Planning Board
Motion by Council Member Godwin, seconded by Council Member Billy Tart to appoint Doug Heath to
serve the unexpired term of Willie Suggs ending November 6, 2006. Motion unanimously approved.
Motion by Mayor Pro-Tem. Olds, seconded by Council Member Galbreath to reappoint Ralph Ramos and
Ted Fitzgerald with terms expiring June 30, 2006. Motion unanimously approved.
Motion by Council Member Godwin, seconded by Council Member Maness to reappoint Rick Lashmit and
Bob Westmoreland with terms expiring June 30, 2007. Motion unanimously approved.
Motion by Council Member Maness, seconded by Council Member Galbreath to appoint Claudell Brown
with term expiring June 30, 2008. Motion unanimously approved.
ETJ Appointment — No applications have been received.
Betsy Johnson Regional Hospital (BJRH) Board of Trustees
Mayor Snipes explained that these appointments will be retroactive to April 1, 2005. These were
previously postponed at the hospital's request.
Motion by Council Member Galbreath, seconded by Council Member Joey Tart to appoint Ted Fitzgerald
and reappoint Dr. Brent Ellmers to the BJRH Board of Trustees with retroactive terms beginning April 1,
2005 and expiring March 31, 2008. Motion unanimously approved.
Betsy Johnson Regional Hospital (BJRH) Authority
Mayor Snipes made the following appointments to the BJRH Authority:
Heather Williams reappointed with retroactive term beginning April 1, 2005 and expiring March 31, 2008.
Ernest Alphin appointed with retroactive term beginning April 1, 2005 and expiring March 31, 2008.
Dr. Venkata Sanka appointed to serve the remaining unexpired term of Dr. Thomas Lee expiring March 31,
2006.
INTERLOCAL AGREEMENT
FOR BUILDING INSPECTION
SERVICES
This is an Interlocal Agreement for Building Inspections Services between the City of Dunn and the Town
of Angier to enable the City of Dunn to provide Building Inspection Services to the Town of Angier.
This issue was discussed during the recent budget workshops.
Motion by Council Member Joey Tart, seconded by Council Member Maness to recommend approval to
enter into this Interlocal Agreement for Building Inspection Services between the City of Dunn and the
Town of Angier to enable the City of Dunn to provide Building Inspection Services to the Town of Angier.
Motion unanimously approved. A copy of this Interlocal Agreement between the City of Dunn and the
Town of Angier is incorporated into these minutes as Attachment #7.
AUDIT CONTRACT
F/Y 2004 -2005
Bids were received and opened on May 26, 2005 for audit services for the F/Y 2004 -2005 audit. The bids
received were as follows:
Company Audit Proposal
Petway, Mills & Pearson, PA
1014 Arendell Avenue $19,600
Zebulon, NC 27597
Thompson, Price, Scott & Adams
P.O. Box 1690
301 West King Street $23,375
Elizabethtown, NC 28337
Proposals were solicited from seventeen different auditing ferns. The above are the only two that
responded. Based on reference checks with the Finance Directors of Benson and Lillington, who currently
use Petway, Mills & Pearson, it is recommended that the City of Dunn enter into a contract with Petway,
Mills & Pearson, PA in the amount of $19,600 for auditing services for F/Y 2004 -2005.
Motion by Council Member Maness, seconded by Council Member Billy Tart to enter into a contract with
Petway, Mills & Pearson PA in the amount of $19,600 for auditing services for F/Y 2004 -2005. Motion
unanimously approved. A copy of this contract for auditing services is incorporated into these minutes as
Attachment #8.
DEMOLITION OF HOUSE
111 W. DIVINE STREET
Mayor Pro -Tern Olds stated that based upon the information he read about this structure, there appears to
be no one or group of individuals interested in remodeling or preserving this structure. The owner
indicated that he had no plans to remodel.
Motion by Mayor Pro -Tern Olds, seconded by Council Member Godwin to approve the ordinance that was
presented to the council at the council meeting of May 5, 2005 directing the Building Inspector to proceed
with the demolition of the structure located at 111 W. Divine Street. Motion unanimously approved. A
copy of this Ordinance (02005- 10)Directing the Building Inspector to remove /demolish the structure
located at 111 W. Divine Street is incorporated into these minutes as Attachment 49.
ADMINISTRATIVE REPORTS
Motion by Council Member Galbreath, seconded by Council Member Maness to approve the
Administrative Reports. Motion unanimously approved.
EXECUTIVE REPORTS
On behalf of the City of Dunn, Council Member Maness thanked citizen Marvin Marshall for his actions in
getting the pavement corrected at the Granville Street Railroad Crossing.
Mayor Pro -Tem Olds encouraged the citizens of Dunn to attend the monthly council meetings to become
more informed about city matters.
Council Member Joey Tart thanked Librarian Deborah Melvin for her sixteen years of service to the City of
Dunn. She will be missed.
Council Member Godwin thanked all advisory board members for their service to the City of Dunn.
City Attorney Pope, who also sits as President of the Dunn Area Chamber of Commerce, invited the
council, Mayor and other staff to travel to Clinton on June 7, 2005 to attend a presentation and tour by the
Planning Department of the City of Clinton. They will tour the newly renovated downtown area of Clinton.
Manager Uskiewicz thanked the City staff for their greatjob in accomplishing the budget and to the council
for their deliberations during the budget workshops. He also stated that on behalf of Council Member
Galbreath, he asked that the council consider E. Pearsall Street when they start prioritizing the street
paving. East Pearsall has been patched; however, there is still a patch that needs attention with a repair cost
of approximately $10,000.
Mayor Snipes again thanked all advisory board members for their service to the city and the city staff in
preparing the budget.
Mayor Pro -Tem Olds stated that he along with the Mayor, Manager, and Council Member Galbreath
recently had an opportunity to go to the legislature building and spend time with representatives with
reference to HB635 which addresses the issue of thirty (30) minutes for open mike /public comment at
public meetings. It appears that this bill might become law. If this bill becomes law, he would welcome
citizens to participate.
INFORMATION
With no further business to discuss, the meeting was adjourned at 7:53 p.m
A est:
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Debra G. West
City Clerk
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