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Attachments 01-12-2021north. Carolina LW.DUNN city of dunn POST OFFICE BOX 1065 a DUNN, NORTH CAROLINA 28335 (910) 230-3500 o FAX (910) 230-3590 www.dunn-nc.org Attachment #1 01-12-2021 Mayor William11. Elmore Jr. Mayor Pro Tern Chuck Tumage Council Members J. Wesley Sills April Gaulden Frank McLean Billy Tart Dr. David L. Bradham City Manager Steven Neuschafer PUBLIC NOTICE related to Regular Council Meeting The public is hereby notified that the City Council of the City of Dunn will hold their regular meeting on Tuesday, January 12, 2021 at 7:00 p.m. in the Council Chambers of the Dunn Municipal Building, 401 E. Broad Street, Dunn, NC. Some members of the Council may participate electronically. SPECIAL NOTICE REGARDING MEETING ACCESS DUE TO STATE OF EMERGENCY In an effort to reduce the spread of Covid-29, in -person access to the Council meeting is limited to a total of25 people to include Council and needed staff. Face Coverings are required by all members of the public entering the Municipal Building. The Council Meeting will be available for live public viewing on Facebook - The City of Dunn, NC page. Public Comment Period - Comments can be called in or emailed to the City Clerk by Monday, January 11, 2021,1:00 p.m, to be read at the meeting. The person must abide by all rules related to the Public Comment Period, provide name and address and abide by the 3-minute time limit. The person may also call into the meeting to give their comments but they must call the City Clerk to sign up and receive instructions by the above stated time. Tammy Williams, CMC City Clerk 910-230-3501 twilliams@dunn-nc.org DUNN bcall Slb�meriea City 1 1 w4ere commune masters 1989*2U13 Mayor north Carol 1 n a. William P. Elmore Jr. Mayor Pro Tem Dr. David L. Bradham Council Members WIDUNN J. Wesley Sills April Gaulden city of d Ll ri n Frank McLean Billy Tart POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 Chuck Turnage (910) 230-3500 > FAX (910) 230-359r City Manager www.dunn-nc.org R2020- 1(Attach #2) StevenNeuschafer RESOLUTION DECLARING THE BADGE AND SERVICE WEAPON CARRIED BY HAROLD DWAYNE COLLINS SURPLUS AND AWARDING THEM TO HIM ON HIS RETIREMENT WHEREAS, Harold Dwayne Collins served as a member of the Dunn Police Department from January 16, 2007 until November 5, 2020, at which time he retired from the Dunn Police Department and an active career in law enforcement; and WHEREAS, North Carolina General Statute Chapter 20-187.2 authorizes governing boards of law enforcement agencies to award to a retiring member the badge worn by him, as well as his service weapon: Glock, 9mm caliber, Model 17, Serial Number PKV774; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dunn, North Carolina, that the badge and service weapon (Serial Number PKV774) with three magazines carried by Harold Dwayne Collins be declared surplus and awarded to him on the occasion of his retirement. AND BE IT FURTHER RESOLVED that we extend our sincere appreciation to Harold Dwayne Collins for dedicated service rendered by him during his employment with the City of Dunn. Adopted this 12t1, day ofjanuary, 2021. ATTEST: Tam y Willia City Clerk W�6're mmmn9T maffers 02021-01 (Attach #3) 01-12-2021 city of dunn POST OFFICE BOX 1065 < DUNN, NORTH CAROLINA 28335 (910) 230-3500 , FAX (910) 230-3590 www.dunn-nc.org Mayor William P. Elmore Jr. Mayor Pro Tem Dr. David L. Bradham Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy N. Tart Chuck Tumage City Manager Steven Neuschafer AN ORDINANCE DIRECTING THE BUILDING INSPECTOR TO REMOVE OR DEMOLISH THE PROPERTY HEREIN DESCRIBED AS AN UNSAFE BUILDING CONDEMNED PURSUANT TO N.C.G.S. §160A-426, ET SEQ. WHEREAS, that on August St", 2020, the Building Inspector for the City of Dunn sent a notice to Linda Faye Harris and Harvey Harris Jr., the owner(s) of record of the storage building located at 809 E. Pearsall St. noting that the storage building is in a condition that constitutes a fire and safety hazard, and is dangerous to life, health and property and were thereby condemned, pursuant to North Carolina General Statute §160A-426, and noticed the property owner of a hearing on August 14th, 2020 at the office of the Building Inspector located at 102 North Powell Ave., Dunn, North Carolina pursuant to North Carolina General Statute §160A-428;and WHEREAS, on August 14th, 2020 a hearing was conducted by the Building Inspector Slater Johnson via telephone, following the completion of the hearing, the Building Inspector entered an Order, pursuant to North Carolina General Statute §160-429, declaring that the storage building referenced above is in a condition that constitutes a fire or safety hazard and is dangerous to life, health or other property and ordering the property owner to repair or demolish the storage building on the property within sixty (60) days of the date of such Order, being October 201h, 2020; and DUNN Alf-AlaeelcaCity 1 ► ztr�re cammunL ma&erS WHEREAS, the owner of the above described structure did not appeal the Order of the Building Inspector within the ten (10) day time period prescribed in North Carolina General Statute § 160A-430 and such Order is therefore a final Order; and WHEREAS, on October 30`h, 2020 and November 3`d, 2020, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on November 10 2020 to consider the adoption of this Ordinance, directing that the Building Inspector proceed with the demolition of the structure described hereby, and that all costs incurred shall be a lien against such property, pursuant to North Carolina General Statute § 160A-432; and WHEREAS, the City Council of the City of Dunn, NC finds that the structure described herein is dangerous or prejudicial to the public health or public safety and is a nuisance in violation of North Carolina General Statute 160A-193; and WHEREAS, this structure should be removed or demolished, as directed by the Chief Building Inspector, and is an unsafe building condemned as set forth in North Carolina General Statute § 160A-426 and constitutes a fire and safety hazard; and WHEREAS, the owner of this structure has been given a reasonable opportunity to repair or demolish the structure pursuant to an Order issued by the Building Inspector on August 21"t 2020 and the owner has failed to comply with this order; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dunn, North Carolina that: Section 1. The Building Inspector is hereby authorized and directed to place a placard on the exterior of the structure described herein, containing the legend: "This building is unfit for human habitation and is a public nuisance; the use or occupation of this building for human habitation is prohibited and unlawful." On the storage building at the following address: 809 E. Pearsall St. Dunn, NC 28334 PIN 9: 1516-84-1822.000 PID #:02151612110021 Section 2. The Building Inspector is hereby authorized and directed to proceed to remove or demolish the above described structure in accordance with his Order to the owner thereof dated the 21" day of August, 2020 and in accordance with North Carolina General Statute § 160A-432, based on the owner's failure to comply with such Order. Section 3. (a) The cost of removal or demolition shall constitute a lien against the real property upon which the cost was incurred. The lien shall be filed in the office of the City Tax Collector, and shall have the same priority and be collected in the same manner as the lien for special assessments in Article 10 of Chapter 160A of the North Carolina General Statutes, and such costs shall also be lien against any other real property owned by the owner of the property within the City of Dunn, North Carolina, or within one (1) mile of the City of Dunn city limits, except for the property owner's primary residence. (b) Upon completion of the required removal or demolition, the Building Inspector shall sell the useable materials of the structure and any personal property, fixtures, or appurtenances found in the building and credit the proceeds against the cost of removal or demolition. The Building Inspector shall certify the remaining balance to the Tax Collector. If a surplus remains after sale of the materials and satisfaction of the cost of removal or demolition, the Building Inspector shall deposit the surplus with the Harnett County Clerk of Superior Court where it shall be secured in the manner provided by North Carolina General Statute §160A-432. Section 4. It shall be unlawful for any person to remove or cause to be removed the placard from any building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the occupancy of any building therein declared to be unfit for human habitation. Section 5. This ordinance shall become effective upon its adoption. Adopted this 121h day of January, 2021. °\\\IllOP llllp0j e : �pRPCfigT�;2 P moo® m mPe� SEAL ' QTN CAR®;e 11111111\° Attest: Tamrny William City Cleric W d" r William P. Elmore, Jr. Mayor 02021-02 (Attach #4) 01-12-2021 city of dunn POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3500 • FAX (910) 230-3590 www.dunn-nc.org Mayor William P. Elmore Jr. Mayor Pro Tern Dr. David L. Bradham Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy N. Tart Chuck Tumage City Manager Steven Neuschafer AN ORDINANCE DIRECTING THE BUILDING INSPECTOR TO REMOVE OR DEMOLISH THE PROPERTY HEREIN DESCRIBED AS AN UNSAFE BUILDING CONDEMNED PURSUANT TO N.C.G.S. §160A-426, ET SEQ. WHEREAS, that on February 4th, 2020, the Chief Building Inspector for the City of Dunn sent a notice to John McKeithan c/o J. Michael McKeithan, the owner(s) of record of the structure located at 614 E. Divine St. noting that the structure was in a condition that constitutes a fire and safety hazard, and is dangerous to life, health and property and were thereby condemned, pursuant to North Carolina General Statute §160A-426, and noticed the property owner of a hearing on February 13th, 2020 at the office of the Chief Building Inspector located at 102 North Powell Ave., Dunn, North Carolina pursuant to North Carolina General Statute §160A-428; and WHEREAS, on February 13th, 2020 a hearing was conducted by the Chief Building Inspector Steven King via telephone, following the completion of the hearing, the Chief Building Inspector entered an Order, pursuant to North Carolina General Statute §160-429, declaring that the structure referenced above is in a condition that constitutes a fire or safety hazard and is dangerous to life, health or other property and ordering the property owner to repair or demolish the structure on the property within sixty (60) days of the date of such Order, being March 20th, 2020; and DUNN AlhAraeelea Clty /° 2t &Ore C0)71Mffqr 7nafferS 1989* 2013 WHEREAS, the owner of the above described structure did not appeal the Order of the Building Inspector within the ten (10) day time period prescribed in North Carolina General Statute §160A-430 and such Order is therefore a final Order; and WHEREAS, on Octoboer 30111, 2020 and November 3`d, 2020, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on November 1 Or1', 2020 to consider the adoption of this Ordinance, directing that the Building Inspector proceed with the demolition of the structure described hereby, and that all costs incurred shall be a lien against such property, pursuant to North Carolina General Statute § 160A-432; and WHEREAS, the City Council of the City of Dunn, NC finds that the structure described herein is dangerous or prejudicial to the public health or public safety and is a nuisance in violation of North Carolina General Statute 160A-193; and WHEREAS, this structure should be removed or demolished, as directed by the Chief Building Inspector, and is an unsafe building condemned as set forth in North Carolina General Statute § 160A-426 and constitutes afire and safety hazard; and WHEREAS, the owner of this structure has been given a reasonable opportunity to repair or demolish the structure pursuant to an Order issued by the Building Inspector on June 15'', 2020 and the owner has failed to comply with this order; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dunn, North Carolina that: Section 1. The Building Inspector is hereby authorized and directed to place a placard on the exterior of the structure described herein, containing the legend: "This building is unfit for human habitation and is a public nuisance; the use or occupation of this building for human habitation is prohibited and unlawful." On the structures at the following address: 614 E. Divine St. Dunn, NC 28334 PIN 11:1516-75-5460.000 PID #:02151612090002 Section 2. The Building Inspector is hereby authorized and directed to proceed to remove or demolish the above described structure in accordance with his Order to the owner thereof dated the 20'h day of March, 2020 and in accordance with North Carolina General Statute § 160A-432, based on the owner's failure to comply with such Order. Section 3. (a) The cost of removal or demolition shall constitute a lien against the real property upon which the cost was incurred. The lien shall be filed in the office of the City Tax Collector, and shall have the same priority and be collected in the same manner as the lien for special assessments in Article 10 of Chapter 160A of the North Carolina General Statutes, and such costs shall also be lien against any other real property owned by the owner of the property within the City of Dunn, North Carolina, or within one (1) mile of the City of Dunn city limits, except for the property owner's primary residence. (b) Upon completion of the required removal or demolition, the Building Inspector shall sell the useable materials of the structure and any personal property, fixtures, or appurtenances found in the building and credit the proceeds against the cost of removal or demolition. The Building Inspector shall certify the remaining balance to the Tax Collector. If a surplus remains after sale of the materials and satisfaction of the cost of removal or demolition, the Building Inspector shall deposit the surplus with theHarnett County Cleric of Superior Court where it shall be secured in the manner provided by North Carolina General Statute §160A-432. Section 4. It shall be unlawful for any person to remove or cause to be removed the placard Rom any building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the occupancy of any building therein declared to be unfit for human habitation. Section 5. This ordinance shall become effective upon its adoption. Adopted this 121h day of January, 2021. 0\ao�alnlea�,� Dee GOTY OF a ® JORPo�yT SEAL ' E,�gTy CMkO %,,%, Attest: 81110", Tammy William City Clerk William P. Elmor , Jr. Mayor north carolina U LL)UNN city of Bunn POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3500 a FAX (910) 230-3590 R2021-02 (Attach #6) www.dtnui-nc.org 01-12-2021 Mayor William P. Elmore Sr. Mayor Pro Tern Dr, David L. Bradham Council Members J. Wesley Sills April L. Gaulden Prank McLean Billy Tart Chuck TU nage City Manager Steven Neuschaler RESOLUTION AUTHORIZING THE SELL OF REAL PROPERTY BY UPSET BID WHEREAS, the City of Dunn is the owner of a 75 foot x 140 foot lot located at 415 S Magnolia Avenue in the City of Dunn, Harnett County, NC 28334. This tract is conveyed to the City of Dunn in that Deed recorded in Boole 3113, Page 435-437, Harnett County Registry, PIN# 1516-65-4531.000, Parcel ID No. 02191611170007; and WHEREAS, North Carolina General Statute § 160A-269 permits the city to sell property by upset bid, after receipt of an offer for the property; and WHEREAS, the City has received an offer to purchase the property described above, in the amount of $8,000, submitted by Lucknow Homes LLC. THEREFORE, THE CITY COUNCIL OF THE CITY OF DUNN RESOLVES THAT: 1. The City Council authorizes sale of the property described above through the upset bid procedure of North Carolina General Statute § 160A-269. 2. Upon receipt from Lucknow Homes LLC of the required five percent (5% deposit), the city cleric shall cause a notice of the proposed sale to be published. The notice shall describe the property and the amount of the offer, and shall state the terms under which the offer may be upset. 3. Persons wishing to upset the offer that has been received shall submit a sealed bid with their offer to the office of the city clerk within 10 days after the notice of sale is published. At the conclusion of the 10-day period, the city clerk shall open the bids, if any, and the highest such bid will become the new offer. If there is more than one bid in the highest amount, the first such bid received will become the new offer. 4. If a qualifying higher bid is received, the city clerk shall cause a new notice of upset bid to be published, and shall continue to do so until a 10-day period has passed without any qualifying upset bid having been received. At that time, the amount of the final high bid shall be reported to the City Council. 5. A qualifying higher bid is one that raises the existing offer by not less than ten percent (10%) of the first $1,000.00 of that offer and five percent (5%) of the remainder of that offer. DUNN All -America Lily r Acre commt!�)T wafters t4N'){¢2¢i3 6. A qualifying higher bid must also be accompanied by a deposit in the amount of five percent (S%) of the bid; the deposit may be made in cash, cashier's check, or certified check. The city will return the deposit on any bid not accepted, and will return the de osit on an offer subject to upset if a qualifying higher bid is received. The city will p return the deposit of the final high bidder at closing. 7. The terms of the final sale are that the City Council must approve the final high offer before the sale is closed, which it will do within 30 days after the final upset bid period has passed. 8. The city reserves the right to withdraw the property from sale at any time before the final high bid is accepted and the right to reject at any time all bids. 9. If no qualifying upset bid is received after the initial public notice, the offer set forth above is hereby accepted. The City Manager is authorized to execute the instruments necessary to convey the property to Lucknow Homes LLC. Adopted this 12tn day of January, 2021. ``, 1111111,0°j° OTY Off© ATTEST: d a'. SEAL CA ROB ,, j�°0`jB+rai i+ua`6 Tammy WilliamslCMC City Clerk �) William P. Elmore Jr Mayor city of dunn POST OFFICE BOX 1065 o DUNN, NORTH CAROLINA 28335 (910) 230-3500 m FAX (910) 230-3590 R2021-03 (Attach #6) www.dunn-nc.org 01-12-2021 Mayor William P. Elmore Jr. Mayor Pro Tern Dr. David L. Bradham Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart Chuck Tonnage City Manager Steven Neuschafer A RESOLUTION BY THE CITY OF DUNN AGREEING TO PROCEED WITH LOANS FOR THE PURCHASE OF COMPUTER SERVERS, SOFTWARE, AND RELATED EQUIPMENT AND COSTS FOR THE CITY'S OPERATIONS WHEREAS, the governing body of the City of Dunn desires to proceed with borrowing in the amount of $110,000 for the replacement of computer servers, software and related equipment and costs. WHEREAS, the interest rate will not exceed 1.80% for a term of four years for the total project and will have a repayment schedule not exceeding $29,000 per year. WHEREAS, the governing body of the City of Dunn authorizes the Mayor and the City Manager to sign all documents relating to the loans. THEREFORE BE IT RESOLVED this Resolution will become part of the official minutes of the City Council meeting held on January 12, 2021. ADOPTED BY THE CITY COUNCIL OF DUNN THIS 12tb DAY OF JANUARY, 2021. �G`TY•°roe e nJ° o �rGp�PO ` YY2 ® William P. El r Jr. RAr�'•_ Mayor ATTEST: mom°•. SEAL m qTWilliam , C City Cleric DUNN' 110 AI4AmeeleaCiry where communi miters 1989 * 2013 north carolina WIL)UNN city of dunn POST OFFICE BOX 1065 ® DUNN, NORTH CAROLINA 28335 (910) 230-3500 • FAX (910) 230-3590 wwwdunn-nc.org R2021-04 (Attach #7) 01-12-2021 Mayor William P. Elmore Jr. Mayor Pro Tern Dr. David L. Bradham Council Members J. Wesley Sills Apt -it Gaulden Frank McLean Billy Tart Chuck Tumage City Manager Steven Neusehafer RESOLUTIONEXEMPTING STORMWA TER FEE STUDYPROJECT FROM G.S. 143-64.31 WHEREAS, G.S. 143-64.31 requires the initial solicitation and evaluation of firms to perform architectural, engineering, surveying, construction management -at -risk services, and design -build services (collectively "design services") to be based on qualifications and without regard to fee; WHEREAS, the City proposes to enter into one or more contracts for design services for work on a stormTnvater• fee study project; and WHEREAS, G.S. 143-64.32 authorizes units of local government to exempt contracts for design services from the qualifications -based selection requirements of G.S. 143-64.31 if the estimated fee is less than $50,000; and WHEREAS, the estimated fee for design services for the above -described project is less than $50,000. NOW, THERE, FORF,, THE COUNCIL OF THE CITY OF DUNN RESOLVES: Section 1. The above -described project is hereby made exempt from the provisions of G.S. 143-64.31. Section 2. This resolution shall be effective upon adoption. Adopted this the 12"' day of January, 2021. William P. Elmo4k,Ma or OF RPO�T SEA\- r - Attest: M '�Ei61>F111t 'auuny'Williai s City Cleric DUNN bcftd sill Ameeica ei€I 1 C ,�ere 6-0M7nff9T Naffers 1989 * 2011 north Carolina LUUUNN city of dunn POST OFFICE BOX 1065 ° DUNN, NORTH CAROLINA 28335 (910) 230-3500 < FAX (910) 230-3590 www.dunn-nc.org R2021-05 (Attach #8) 01-12-2021 Mayor William P. Elmore Jr. Mayor Pro Tem Dr, David L. Bmdham Council Members J. Wesley Sills April Gaulden Frank McLean Billy Tart Chuck Tumage City Manager Steven Neuscharer RESOL UTION EXEMPTING PAVEMENT CONDITION STUDY PROJECT FROM G.S. 143-64.31 WHEREAS, G.S. 143-64.31 requires the initial solicitation and evaluation of firms to perform architectural, engineering, surveying, construction management -at -risk services, and design -build services (collectively "design services") to be based on qualifications and without regard to fee; WHEREAS, the City proposes to enter into one or more contracts for design services for work on a pavement condition study project; and WHEREAS, G.S. 143-64.32 authorizes units of local govermnent to exempt contracts for design services from the qualifications -based selection requirements of G.S. 143-64.31 if the estimated fee is less than $50,000; and WHEREAS, the estimated fee for design services for the above -described project is less than $50,000. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DUNN RESOLVES: Section 1. The above -described project is hereby made exempt from the provisions of G.S. 143-64.31. Section 2. This resolution shall be effective upon adoption. Adopted this the 12"' day ofTanamy, 2021. William P. Elmore, Jr., or G1TY :'OORPO ° 10' Attest: 2'. SEAL ®® O '•. . } syCAR ofillo,0\``. fti Yw Tarnrn`y William[;, City Clerk DUNN AI(Ameeica City 1 r w4ere cownn9T via&ers F9fiR*206