0804200560
MINUTES
CITY OF DUNN
DUNN, NORTH CAROLINA
The City Council of the City of Dunn held a Regular Meeting on Thursday, August 4, 2005, at 7:00
p.m. in the Dunn Municipal Building. Present was Mayor J. Dal Snipes, Mayor Pro -Tern Donnie
Olds, Council Members Buddy Maness, Bryan Galbreath, Billy Tart, Billy R. Godwin, Jr. and Joey
Tart. Also present was City Manager Mike Uskiewicz, Assistant City Manager/Public Works
Director Ronnie Autry, Human Resources /Safety Officer Moses Gallion, Recreation Director Perry
Hudson, Librarian Mike Williams, Police Chief Tim Benware, Fire Chief Austin Tew, City Engineer
Randy McNeill, City Attorney P. Tilghman Pope, City Clerk Debra West, and Daily Record
Reporter Lisa Farmer.
INVOCATION
Mayor Snipes opened the meeting at 7:00 p.m. and asked Mayor Pro -Tem Olds to give the invocation.
Afterwards, the pledge of allegiance was repeated.
Mayor Snipes closed the regular meeting and opened public hearings at 7:05 p.m.
PUBLICHEARINGS
REZONING REQUEST — PZ 05 -05
PIN # 1507 -91 -4098, #1507 -90 -7954
COATS BROTHERS, INC.
SOUTH SIDE OF W. CUMBERLAND STREET (US 421) BETWEEN
S. POWELL AVE. AND BRIARCLIFF DRIVE
The public has been notified that oral and written comments will be heard and received concerning the
request by Coats Brothers, Inc. to rezone two parcels of property located on the south side of W.
Cumberland Street (US 421) between S. Powell Avenue and Briarcliff Drive.
This property is currently zoned C -3 Highway Commercial and is requested to be rezoned to TR -CW
Transitional Commercial Warehouse District.
The public hearing was duly advertised on July 19, 2005 and July 26, 2005.
Mayor Snipes asked if there was anyone present to speak for or against this rezoning request. Hearing
none, motion by Mayor Pro -Tem Olds, seconded by Council Member Maness to close public hearing and
reconvene the regular council meeting at 7:07 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 July 7, 2005 Council meeting.
Budget Amendments- Council considered approval of budget amendments #1 - #4. A copy of Budget
Amendments #1- #4 is incorporated into these minutes as Attachment #1.
Destruction of Records (Finance Department)- Council considered approval of destruction of records within
the Finance Department that have exceeded the required' 'retention time pursuant to the Municipal
Disposition Schedule. A list of those records ',thkt have exceeded the required retention schedule and
approved for destruction is incorporated into these minutes as Attachment #2.
Motion by Council Member Joey Tart, seconded by Council Godwin to approve all consent items.
Motion unanimously approved.
ITEMS FOR DECISION
ADOPTION OF PUBLIC COMMENT POLICY
HB 635 — Public Comment at Local Board Meetings became law effective July 11, 2005. This act requires
city councils, county boards of commissioners and local boards of education to provide at least one period
of public comment at a regular meeting each month.
Governing bodies are authorized to adopt reasonable time, place and manner rules governing the conduct of
the comment period.
City Attorney Pope is proposing the attached policy. City Attorney Pope explained that if the council
adopts this policy, the rules contained in the policy will be in effect for the public comment period tonight.
At future council meetings, there will be a public comment sign -up sheet thirty minutes prior to the
beginning of the meeting available at the podium at the front of the council chambers with a copy of the
public comment policy.
City Attorney Pope stated that this policy can be modified at any given time by the council.
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Motion by Mayor Pro -Tern Olds, seconded by Council Member Galbreath to adopt the Public Comment
Policy as proposed. Motion unanimously approved. A copy of this Public Comment Policy is
incorporated into these minutes as Attachment W.
REZONING REQUEST — PZ 05 -05
PIN # 1507- 91-4098, #1507 -90 -7954
COATS BROTHERS, INC.
SOUTH SIDE OF W. CUMBERLAND (US 421) BETWEEN
S. POWELL AVE. AND BRIARCLIFF DRIVE
This is a request from Coats Brothers, Inc. to rezone two parcels of property located on the south side of W.
Cumberland Street (US 421) between S. Powell Avenue and Briarcliff Drive.
This property is currently zoned C -3 Highway Commercial and is requested to be rezoned to TR -CW
Transitional Commercial Warehouse District.
The Planning Board met on July 26, 2005 and recommended approval of this rezoning.
Council Member Joey Tart asked to be excused from deliberation and vote of this issue due to a financial
conflict of interest. Council consensus was to approve request.
Motion by Council Member Godwin, seconded by Council Member Maness to approve the request by
Coats Brothers, Inc. to rezone two parcels of property (PIN #1507 -91 -4098 and #1507 -90 -7954) from C -3
Highway Commercial to TR -CW Transitional Commercial Warehouse District. Motion unanimously
approved.
City Manager Uskiewicz wished Family Medical Supply the best of luck in adaptive re -use of a facility that
has been vacant for some time.
CONTRACTS FOR RECREATION
CENTER AND FACILITIES NAMING RIGHTS
Mayor Pro -Tem Olds presided over the meeting during discussion and vote of this issue.
The City Council approved five (5) Recreation Center and Facilities Naming Rights Agreements during the
council meeting of July 7, 2005. One (1) of the remaining three (3) agreements will be considered tonight.
Mayor Pro -Tem Olds proceeded to announce the following donor along with the amount pledged and the
name they propose to display.
J
City of Dunn Amt. Pledeed Naneiue Rieht Intended Name to Disalav
Recreation Center and
Facilities Naming Rights
1) Snipes Insurance $ 25,000.00 Gymnastics In Memory of John Kennedy Snipes and
Service, Inc. Room Dorothy Dalrymple Snipes by Snipes
Insurance Service, Inc.
Motion by Council Member Galbreath, seconded by Council Member Godwin to approve the Recreation
Facility Naming Rights Agreement with Snipes Insurance Service, Inc. for the naming rights to the
gymnastics room. Motion unanimously approved. A copy of this Agreement for Sale of Naming Rights
by Snipes Insurance Service, Inc. is incorporated into these minutes as Attachment #4.
VOLUNTARY ANNEXATION
WARREN PROPERTY
PIN #1517 -94 -5277
At the July Council meeting, the Council approved a Resolution Directing the Clerk to Investigate Petition
concerning the contiguous annexation of .91 acres of property located at 1989 US 301 North. William
Irvin Warren, owner of the property, has requested voluntary annexation of this property.
Should council wish to proceed with the annexation, the Clerk has provided a Certificate of Sufficiency and
A Resolution Fixing Date of Public Hearing for September 1, 2005.
Motion by Council Member Godwin, seconded by Council Member Joey Tart to approve the resolution
fixing date of Public Hearing for September 1, 2005 and to proceed with the annexation of .91 acres of
property located at 1989 US 301 North and owned by William Irvin Warren. Motion unanimously
approved. A copy of Resolution (R2005- 12)Fixing a Date of Public Hearingfor September 1, 2005 to
consider voluntary contiguous annexation ofPIN #1517 -94 -5277 (1989 US 301 North) is incorporated into
these minutes as Attachment #5.
ADOPTION OF DOT RESOLUTION- TRANSFERRING
MAINTENANCE OF WHITE LINE ROAD TO DOT
White Line Road/Radio Station Road (SR 1814) must be under the maintenance of the NC Department of
Transportation (DOT) in order that White Line Road may be aligned during the I -95 relocation project.
After the construction phase is complete, the City of Dunn will resume maintenance of White Line Road.
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Manager Uskiewicz explained that this resolution has been requested by the DOT
Motion by Council Member Galbreath, seconded by Council Member Billy Tart to adopt the Resolution
Authorizing the Transfer of Maintenance Responsibility of White Line Road to the North Carolina
Department of Transportation. Motion unanimously approved. A copy of Resolution (R2005 -13)
transferring maintenance of White Line Road to DOT is incorporated into these minutes as Attachment #6.
Manager Uskiewicz asked the Council to consider taking an item ofbusiness that was tabled at the July
7, 2005 council meeting off the table. Motion by Mayor Pro -Tem Olds, seconded by Council Member
Galbreath to take the following item of business off the table: ASCAP License Agreement
ASCAP (AMERICAN SOCIETY OF
COMPOSERS, AUTHORS AND PUBLISHERS)
LICENSE AGREEMENT
According to ASCAP, local governments must have a license to obtain the necessary permission for their
public performances of copyrighted music. ASCAP states that to publicly perform copyrighted music
legally, permission must be obtained from the copyright owners or their representatives, such as ASCAP
(American Society of Composer, Authors, and Publishers).
Attorney Pope stated that since the council's last meeting, the North Carolina League of Municipalities
(NCLM) has sent out a memorandum recommending that municipalities approve this agreement with
ASCAP. According to the memorandum, if the City violated a copyright infringement, then the penalty
could be as much as $30,000 if the City was sued. The license agreement would cost the City of Dunn
$268.00 per year.
IMLA (International Municipal Lawyers Association) and ASCAP negotiated a license for local
government entities based upon population. ASCAP sent out invoices and agreements all over the country
for local governments to approve.
The council discussed this issue further, questioning if the City sponsors any events that would require a
copyrighted agreement.
Council Member Maness stated that he is in favor of approving this agreement since the NCLM
recommends it and since it is likely that at some point and time, the City will knowingly or unknowingly
play music. He pointed out that churches are required to pay a license fee in order to display lyrics on their
screen.
Motion by Mayor Pro -Tem Olds, seconded by Council Member Godwin not to enter into this agreement
with ASCAP. Motion failed.
Ayes Noes
Olds Maness
Godwin Galbreath
Billy Tart
Joey Tart
Motion by Council Member Maness, seconded by Council Member Galbreath to enter into a License
Agreement with ASCAP in the amount of $268.00. Motion carried 4 -2.
Ayes Noes
Maness Olds
Galbreath Godwin
Billy Tart
Joey Tart
ADMINISTRATIVE REPORTS
Motion by Council Member Galbreath, seconded by Council Member Maness to approve the
Administrative Reports. Motion unanimously approved.
EXECUTIVE REPORTS
City Manager Uskiewicz announced that a Public Hearing is scheduled for Tuesday, August 9, 2005 in the
Council Chambers for the purpose of considering a Memorandum of Understanding relating to a Non -
Profit Health Care System for Harnett County.
Mr. Uskiewicz stated that Council Member Galbreath has met with him with regard to cleaning up Ward 3
with some curbside clean -up. Mr. Uskiewicz stated that he proposes to do a city-wide fall clean-up and
asked that the Council give him some feed -back with regard to placing this item of business on the
September Agenda. They would like to do this in conjunction with "Make a Difference Day" scheduled in
October.
Council Member Galbreath congratulated the Dunn Fire, Rescue and Police Department in receiving the
best of Harnett County award. He also congratulated Mayor Snipes for receiving one of the best elected
officials award in Harnett County.
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Mayor Pro -Tern Olds reported that the residents of the Carr Street area express their thanks to the City in an
effort to address problems in this area.
Council Member Godwin thanked the Public Works Department for paving McKay Avenue. He also
thanked the Police Department and other city officials that assisted in the Crimestoppers event.
Council Member Godwin mentioned the overflowing trash containers in the downtown area and suggested
that these containers be emptied for frequently or additional containers be placed downtown.
Mayor Snipes pointed out that private businesses are using these trash bins for their business waste
disposal. They are not meant for this purpose. They are placed downtown for citizens to use.
Council Member Billy Tart thanked Public Works for resurfacing Pope Road.
Mayor Snipes announced that the City is proud of the 12 and under girls ponytail softball team that just
returned from Dothan, Alabama. They won the state championship and went on to Dothan to compete in
the world series, ranking seven out of twelve. He stated that this team will be recognized at a future
meeting.
Mayor Snipes announced that the official opening date for the Dr. P.K. Vyas Recreation Center will be held
on Monday, August 29, 2005.
PUBLIC COMMENT PERIOD
Mayor Snipes opened the floor for public comment. Hearing none, Mayor Snipes stated that he looked
forward to this public comment period at future meetings.
7:45 p.m. Motion by Council Member Godwin, seconded by Council Member Joey Tart to add a
closed session and to go into closed session to discuss a matter with the City Attorney which is subject
to the Attorney /Client privilege. Motion unanimously approved.
Closed Session
9:00 p.m. Closed Session Adjourned and the regular council meeting reconvened.
Motion by Council Member Godwin, seconded by Council Member Joey Tart to approve the minutes of the
closed session as recorded by Attorney Pope. Motion unanimously approved.
With no further business to discuss, the meeting was adjourned at 9:02 p.m
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Debra G. West
City Clerk
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