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Agenda 10-15-2019Dunn City Council Meeting Agenda Tuesday Evening, October 15, 2019 7:00 p.m., Dunn Municipal Building Call to Order Invocation Pledge of Allegiance SECTION 1) Adjustment and Approval of the October 15, 2019 meeting agenda PRESENTATIONS 2) Friends Fighting Cancer: Turn Pink October 25, 2019 — Proclamation Presentation 3) New Employee Introductions 4) Finance - 2018 Certificate of Achievement for Excellence in Financial Reporting 5) Presentation on Retiree Insurance PUBLIC COMMENT PERIOD 6) Each Speaker is asked to limit comments to 3 minutes and they must sign up on sheet available on the podium within the Council Chambers prior to the start of the meeting. Total comment period limited to 30 minutes. PUBLIC HEARINGS 7) Economic Development Incentive Agreement— Pallet Consultants of North Carolina, Inc. 8) USDA Loan: Purchase Police/Water & Sewer/Public Works/Parks & Recreation— Equipment and Vehicles 9) Ordinance Amendment—OA-01-19 10) Ordinance to Demolish — 404 E Townsend St 11) Ordinance to Demolish — 704 E Divine St 12) Ordinance to Demolish - 309 E Harnett St 13) Ordinance to Demolish — 123 Spring Branch Rd 14) Conditional Use Permit CU -01-19 — DeAngelo Jackson (applicant) Anchor Properties of Raleigh LLC (owner) 1107 Erwin Rd PIN #1506-89-9238.000 CONSENTITEMS 15) Minutes — September 10, 2019 Special Called Meeting 16) Minutes—September 10, 2019 17) Veterans Day Proclamation 18) Safe Halloween Resolution — Thursday, October 31, 2019 19) Temporary Blocking of Streets — Christmas Tree Lighting 20) Temporary Blocking of Streets —Another Barber Shop Customer/Community Appreciation 21) Proclamation — National Friends of Libraries Week — October 20-26, 2019 22) Cemetery Advisory Board Appointment — Linda James 23) Public Nuisance Lawsuit ITEMS FOR DISCUSSION AND/OR DECISION 24) Economic Development Incentive 25) Approval of Loans for Purchase of Equipment and Vehicles 26) Ordinance Amendment — OA -01-19 27) Ordinance to Demolish — 404 E Townsend St 28) Ordinance to Demolish — 704 E Divine St 29) Ordinance to Demolish - 309 E Harnett St 30) Ordinance to Demolish — 123 Spring Branch Rd 31) Conditional Use CU -01-19 — DeAngelo Jackson (applicant) Anchor Properties of Raleigh LLC (owner) 1107 Erwin Rd PIN #1506-89-9238.000 32) Orange Avenue Water and Sewer Contract 33) 34) 35) 36) 37) 38) Financial Report/Assessment Update Administrative Reports Public Works/Public Utilities Parks & Recreation City Manager's Report Announcements Information Library and Police Planning & Inspections Closed Session — If called, the General Statute(s) allowing the Closed Session will be cited in the motion ADJOURNMENT "This institution is an equal opportunity provider and employer" Adjustment 1 Approval 1 of the October i City Council A` �; dnd g'... 3 iqqrm 11110 Meeting Date: a. October �i 1989 * 2013 1989 * 2013 SUBJECT TITLE: Presentation to Friends Fighting Cancer Presenter: Mavor Harris Attachment: X Yes No Description: Proclamation Public Hearing Advertisement Date: PURPOSE: A Proclamation will be presented to representatives from Friends Fighting Cancer, Inc. in recognition of their upcoming Fonnie Godwin's Laps for Life Celebration and "Dunn Goes Pink" Day set for Friday, October 25, 2019. The event is held in honor of the late Fonnie Godwin, a Dunn resident, teacher and cancer fighter, who founded Laps for Life in 2011. BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: I ®DUNN D N All -America cite city of dunn ar4m C=Mt!f�l niaiterr 6 440- 19891 2013 "Dunn Goes (rink" for Friends Fighting Cancer WHEREAS, cancer is an insidious disease that severely impacts the lives of patients, their family members and friends, leaving no family immune; and WHEREAS, Friends Fighting Cancer, Inc., which began in 2000 as the Friends of the Cancer Center, is a 501(c)(3) non-profit organization, whose members are driven by the shared propose of being advocates for cancer patients, who already have or are currently undergoing chemotherapy or other treatments for cancer; and WHEREAS, Friends Fighting Cancer is committed to celebrating life, as well as giving hope and encouragement to cancer patients and their families, by treating each person with compassion, while providing support that helps meet the patient's spiritual, emotional, financial and educational needs; and WHEREAS, Formic Godwin, a Dunn native and teacher at Dunn Middle School for 25 years, was diagnosed with breast cancer, endured surgery, radiation and chemotherapy with a determination and spirit that inspired her students as well as this community. Fonnie organized the first Laps for Life, which was held at Tart Park, to raise money for Friends of the Cancer Center in 2011; and WHEREAS, Formic continued to be involved in Laps for Life through another diagnosis in 2012 and 2013 and when her cancer recurred in 2014, the name of the event was changed to Fonnie Godwin's Laps for Life, in her honor. Mrs. Godwin passed on March 31, 2015 and Laps for Life continued beyond her death to raise funds for Friends Fighting Cancer; and WHEREAS, The Friends changed the Walk in 2018 into a Celebration in memory of Mrs. Godwin, in celebration of cancer survivors, and in remembrance of all those we have lost to this dreaded disease. This year's Celebration is set for Friday, October 25, 2019 from 6:00 to 11:00 p.m. at The Barrington House in Dunn and "Dunn Goes Pink" has been added as a featured part of this year's Celebration. NOW THEREFORE BE IT RESOLVED, I, Mayor Oscar N. Harris, on behalf of the City Council and of the residents of the City of Dunn, North Carolina, congratulate Friends Fighting Cancer on the upcoming celebration fundraiser and urge all residents of the City of Dunn and the surrounding area to support and participate in "Dunn Goes Pink" set for Friday, October 25, 2019, by wearing your pink in honor and remembrance of anyone who has battled cancer; and BE IT FURTHER RESOLVED that we also extend our gratitude to Friends Fighting Cancer, for their efforts in supporting our family and friends fighting this dreaded disease, and further encourage community support of this worthwhile organization and its cause. 76iis the 15"f, day of Octo6er, 2019. r I, car N. Harris, ay r ATTEST: Tamn y Williams 'ity Clerk I DUNN D 11111.r City Council Agenda F1 1989 * 2013 Meeting Date: October 15, 2010 SUBJECT TITLE: New Employee Introductions Presenter: City Manaqer Neuschafer I Attachment: Yes No Description: Public Hearina Advertisement Date: II1JNli�y l Planning and Inspections Stephen D. Hodges — Code Enforcement Officer Public Works Roberto L. McDougald — Equipment Operator BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: .; D 0" t 1 N-" � N""' DUNN111111l' City,/ Council Agenda Form Meeting fl ar 15, 201 �:'. r1989 * 2013 1989 * 2013 SUBJECT TITLE: Certificate of Achievement for Excellence in Financial Reporting — Finance Presenter: Mayor Harris Department: Finance Attachment: X Yes No Description: Notification Letter and Certificate Public Hearing Advertisement Date: PURPOSE: Mayor Harris will present the Certificate of Achievement for Excellence award, for the 10th consecutive year, to the Finance Department for its comprehensive annual financial report, for the year ended June 30, 2018. Staff Members are as follows: Jim Roberts - Finance Director Patty Rowland - Revenue Manager Omessia Tatum - Accountant Kayley Hawley - Customer Service Representative Debbie West - Accounts Payable Clerk -feT9:(t]:ZS11t kj III] BUDGET IMPACT: RECOMMEN DATIONIACTION REQUESTED: Government Finance Officers Association 203 North LaSalle Street, Suite 2700 Chicago, Illinois 60601-1210 312.977.9700 fix,: 312,977.4806 August 22, 2019 The Honorable Oscar Harris Mayor City of Dunn PO Box 1065 Dunn, NC 28335-1065 Dear Mayor Harris: We are pleased to notify you that your comprehensive annual financial report (CAFR) for the fiscal year ended 2018 qualifies for GFOA's Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement (AFRA) is also presented to the individual(s) or department designated by the government as primarily responsible for its having earned the Certificate. This award has been sent to the submitter as designated on the application. We hope that you will arrange for a formal presentation of the Certificate and Award of Financial Reporting Achievement, and that appropriate publicity will be given to this notable achievement. A sample news release is enclosed to assist with this effort. We hope that your example will encourage other government officials in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting. Sincerely, Michele Mark Levine Director, Technical Services Center \ ) \ \ 2 A !=2«3 5f\)} �,0«§ 3&x,\ fzr \\\\\ §§i]§ /�$\ ()^)` }�)\\ {$)7 &#«=P 4]®!K \5\\\ \ \){)\ \ \ 2 A JAI}IT11 a♦r# �4 f ; YAll-America City All -America Cily City CouncilAgenda Meeting Date: October 15, 2019 1989 * N1 Medicare13 1989 2013SUBJECT TITLE: Retiree Insurance — Presenter:Anne Thompson i Jody Department: Administration -Human Resources Attachment: X Yes No Description: Cost comparison spreadsheet & fact sheet Public Hearing Advertisement Date: PURPOSE: To inform Council of the options and cost of providing insurance to our 65 and older, Medicare eligible retirees. BACKGROUND: At the Public Hearing for FY 2019-2020 Budget meeting, concerns were expressed regarding our current insurance plan for retirees over 65. Council requested additional information to review the City's options. BUDGET IMPACT: See attachments. RECOMMENDATION/ACTION REQUESTED: Medicare Fact Sheet 1. Medicare Advantage rates are determined by region and do not change based on a member's age, gender or smoker status. 2. Medicare Supplement rates are based upon a member's age, gender and smoker status. The rates quoted are non-smoker rates. 3. After an individual has been on Medicare for more than six months, Medicare Supplement insurance companies ask health questions to determine if applicants medically qualify for coverage. These health questions vary from insurance company to insurance company but on average there are 10-25 questions that must be answered. If an individual has certain pre- existing medical conditions, it is possible to be declined for coverage. Blue Cross Blue Shield NC will waive their Medicare Supplement health questions for existing Medicare Advantage members. As a result, their rates are just about the highest in the state as they insure people with pre-existing conditions. The only way to ensure all retirees qualify for Medicare Supplement coverage is to enroll with BCBSNC since they waive health questions. 4. Medicare Advantage plans include prescription drug coverage whereas Medicare Supplement plans do not include prescription drug coverage. If the retirees change to a Medicare Supplement plan, they will also need to purchase a separate Medicare Prescription Drug Plan. The spreadsheet reflects prices for the BCBSNC drug plan as it includes a comprehensive list of covered medications. There are drug plans available for less money but they offer less coverage. S. The annual enrollment period is October 15 through December 7 each year. If the retirees were to make a change to a Medicare Supplement plan and a Medicare Prescription Drug Plan, it would have to be during this time. The new plans would begin January 1, 2020, 6. If the City were to enroll retirees into the BCBSNC Medicare Supplement plan and corresponding Medicare Prescription Drug plan and continue to pay the full premium, costs would increase by approximately $6,000 per month or $72,000 per year. 7. Retirees that are currently under age 65 would be forced into a Medicare Supplement plan with lesser benefits at a substantially higher cost than retirees over age 65. This is due to the limited plan offerings made available to individuals under age 65. S. Retirees currently have the option to enroll in a Medicare Supplement plan of their choice upon entitlement to Medicare as is evidenced by the three retirees currently on BCBSNC Medicare Supplement plans. The City pays their portion of the Medicare Supplement premium based on the cost of the Medicare Advantage plan and retirees simply pay the difference. O.O O y T a M N M M M M M M M M V M M M M N M M OO co M M pM N N +-' Q L c0 V (D (0 (0 (D (D (D (O (D m (D (D (D (D V (0 (O (6 (O (0 (D 6I (0 M ,, O 'C d T W N o m o 0) 0) m m m d' m m o m N 0) O) O) 03 D) O) O U U C = EA fH fA PF) (fT (A fPr U) ff> !fl EA EPr fid ffT EH (fl Efl (H 69 Hi (f} ffl :1F) N : ,i� d Q o U u) � .-. L m 0 U •(o N N N N. 71, Q 0 0 0 0 R � 3 O E adv o 0 b b `00 a E C U aaa N 6 a _ ,, (z_ (i a EL — _ _ — -- (L (1) R ;? rCD j. o �. N O 4) O o O N L M O O O 4) d.4 `O n O u) o O 0 R U T R d. O �. N O n 0 0 0 n n M 47 O O non o pO p m N p 0 ,r 3 fLj M 1D m M M d' O M O M O (D M V IT n M O M N n '�- (O M (nD �' N p N 0 1, r' r �.(a V L �QOU r�(»r (r�(a , a O T �' O tC Rei `t O CO L L � i1• W V 0 � C R w nnn neon W anrnnnnnnnnnMnnnnrnn t� t�r��r��t�ri r- I-- m00 �r�mt� �, �o Q. o _ MMM M M nM EF) K) 0) (a (fl EPr U) EPr fPr U> of (A (f) Ga (f} (F} 6a fq (A H3 (f7 ffl (A (A 6 y "a o E - U X O Q C' R Q CA - cl a)M (D O n(Dn n o N nn(Dn LO o (fl O nnn(0nn W N o M N n mw (D r r (O 113 (O(hM (D n(010.(D n M 1D a i.J m 'd) N a o �:O o 0 0 0 0 0 0 r-:0 0 0 0 0 R N (7 Or I r N M d' (D M n M o � �N- 1� = O O O M 4m Z m r N Adopted 8-4-05 CITY OF DUNN CITY COUNCIL PUBLIC COMMENT POLICY The City Council for the City of Dunn does hereby adopt a Public Comment Policy to provide at least one period for public comment per month at a regular meeting of the City Council. This policy shall remain in effect until such time that it is altered, modified, or rescinded by the City Council. All comments received by the City Council during the Public Comment Period shall be subject to the following procedures and rules: I. Anyone desiring to address the City Council must sign up and register on a sign- up sheet available on the podium within the City Council chambers prior to the Mayor calling the meeting to order. The sign-up sheet shall be available thirty (30) minutes prior the beginning of the City Council meeting in the City Council Chambers. Once the Mayor has called the meeting to order, the City Clerk shall collect the sign-up sheet and deliver it to the Mayor. The speaker shall indicate on the sign-up sheet his or her name, address and matter of concern. 2. The Public Comment Period shall be for thirty (30) minutes. 3. Comments are limited to three (3) minutes per speaker. A speaker can not give their allotted minutes to another speaker to increase that person's allotted time. 4. Each speaker must be recognized by the Mayor or presiding member of the City Council as having the exclusive right to be heard. Speakers will be acknowledged in the order in which their names appear on the sign up sheet. Speakers will address the City Council from the podium at the front of the room and begin their remarks by stating their name and address. 5. Individuals who sign up but can not speak because of time constraints, will be carried to the next regular meeting of the City Council and placed first on the Public Comment Period. 6. During the Public Comment Period, a citizen, in lieu of or in addition to speaking may pass out written literature to the City Council, City Staff and audience. 7. Groups supporting or opposing the same position shall designate a spokesperson to address the City Council in order to avoid redundancy. 8. After the citizen has made his or her remarks, he or she will be seated with no further debate, dialogue or comment. 9. The Public Comment Period is not intended to require the City Council to answer any impromptu questions. Speakers will address all comments to the City Council as a whole and not one individual Council member. Discussions between speakers and members of the audience will not be allowed. The City Council will not take action, or respond to questions about, issues raised during the Public Comment Period at the same meeting. 10. Speakers shall refrain from discussing any of the following: matters which concern the candidacy of any person seeking public office, including the candidacy of the person addressing the City Council; matters which involve pending litigation; matters which have been or will be the subject of a public hearing; and matters involving specific personnel issues related to disciplinary matters. If the speaker wishes to address specific personnel issues related to disciplinary matters, he or she should take their comments to the City Manager, who shall share the comments with the City Council. It. Speakers shall be courteous in their language and presentation. 12. The Mayor and City Manager shall determine, on a month to month basis, where the Public Comment Period will appear on the monthly agenda when developing the agenda, prior to its publication. 13. The Public Comment Period shall only be held during the regularly scheduled monthly meeting of the City Council. There shall not be a Public Comment Period at any other meetings of the City Council, unless specifically approved by the City Council. »UNN ®- DU"NN»>U�� All•AmericaCity All•AmericaCity f City Council Agenda Form ® Meeting n ate. October 15, 2019 1989 * 2013 1989 * 2013 SUBJECT TITLE: Public Hearing for Proposed Economic Development Incentive Agreement with Pallet Consultants of North Carolina, Inc. Presenter: City Manager Neuschafer Department: Administration Attachment: X Yes No Description: Notice of Public Hearing Public Hearing Advertisement Date: October 3, 2019 PURPOSE: The public has been notified that oral and written comments will be heard and received concerning a proposed agreement to extend economic incentives to Pallet Consultants of North Carolina, Inc., a North Carolina Corporation (PCNC) which intends to lease, upfit and reuse that industrial building located at 2 Dinan Road, Dunn NC, in order to establish and operate a pallet manufacturing facility. The public hearing was duly advertised on October 3, 2019. BACKGROUND: BUDGET IMPACT: RECOMMENDATIONIACTION REQUESTED: NOTICE OF PUBLIC HEARING The Dunn City Council will hold a public hearing concerning a proposed agreement to extend economic incentives to Pallet Consultants of North Carolina, Inc., a North Carolina Corporation (PCNC) which intends to lease, upfit and reuse that industrial building located at 2 Dinan Road, Dunn, Ilarnett County, NC 28334, in order to establish and operate a pallet manufacturing facility. Said public hearing shall take place on Tuesday, October 15, 2019 at 7:00 PM during the regular meeting of the Dunn City Council at the City Council Chambers located in the Dunn City Hall, located at 401 East Broad Street, Dunn NC 28334. At that time, any person who wishes to be heard concerning the appropriation of the economic incentives may appear before the City Council. The proposed economic incentive package will include five (5) annual incentive grants to be paid to PCNC from any available fund sources of the City, which will be calculated to be in amounts equal to a portion of the property taxes to be paid by PCNC, assuring a positive return on investment for the City. This facility project site with machinery and equipment will include a capital investment of approximately $3.7 million. During the five (5) year incentive period, fifty (50) full time jobs with an average annual wage of $38,360.00 will be created as a result of the operation of this manufacturing facility. Subject to any information received at the public hearing, it is the intention of the Dunn City Council to approve the incentive appropriation agreement subject to various restrictions and conditions mandated by N.C. General Statutes §158-7.1. Tammy Williams City Clerk Advertise: October 3, 2019 H2YT7®N DD D ur�h �iralinn UNN Bl' dJ 191 UNN AII-America Gip of ,1,,,, n All -America City 1111111 City/ Council Agenda ®r 1 I Meeting Date: October 15, 2019 1111. 1989 * 2013 1989 * 2013 SUBJECT TITLE: USDA Loan Application — Purchase of Police/Water and Sewer/Public Works/Parks and Recreation Equipment and Vehicles Presenter: Finance Director Department: Administration/Polic Attachment: X Yes No Description: Notice of Public Hearing Public Hearing Advertisement Date: October 2, 2019 PURPOSE: The public has been notified that the Dunn City Council will receive comments concerning the City's desire to secure loans from the United States Department of Agriculture, Rural Development, to obtain sufficient funds through loans and grants for the purchase of four (4) police vehicles and related equipment, a leaf vacuum and collection box, two mowers, a bunker and field rake, for Public Works and Recreation, and for Water and Sewer Department: a tractor, and Excavator and trailer, two trucks and a fixed mounted Generator. BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: City of Dunn Notice of Public Hearing USDA Loan Purchase of Police/Water and Sewer/Public Works/ Parks and Recreation Equipment and Vehicles The City Council of the City of Dunn will hold a public hearing on October 15, 2019 at 7:00 p.m. in the courtroom of the Dunn Municipal Building, 401 E. Broad Street, Dunn, NC. It is the desire of the Dun City Council to secure loans and grants from the United States Department of Agriculture, Rural Development for the purchase of four (4) police vehicles and related equipment, a leaf vacuum and collection box, two mowers, a bunker and field rake, for Public Works and Recreation, and for Water and Sewer Department: a tractor, and Excavator and trailer, two trucks and a fixed mounted Generator. Assets acquired by the City may be encumbered to secure any loan obtained. The public is invited to attend the meeting and continent on the proposed action. DUNN D All -America a Agenda Meeting Da`: aOctober 1 1989 * 2013 SUBJECT TITLE: Ordinance Amendment OA -01-19; Section 18 of the Code of On Presenter: Chief Building Inspector Steven King Department: Planning & Inspections Attachment: ■ Yes ❑ No Description: Notice of Public Hearing Public Hearing Advertisement Date: October 4th and 8th, 2019 This is a request to hereby amend Section 18 of the Code of Ordinances to amend Solid Waste Management per general statue requirements. The public hearing is the opportunity for the Council to hear comments and opinions from the public to include any party for or against the request. The public hearing was duly advertised on October 4th & October 8th, 2019. 734T145TWEN BUDGET IMPACT: RECOMMEN DATIONIACTION REQUESTED: DUNN CITY COUNCIL PUBLIC HE, NOTICE Notice is hereby given that the City Council of the City of Dunn, North Carolina under authority of Chapter 160-A, Section 364 of the N.C. General Statutes will hold a PUBLIC HEARING at 7:00 p.m. on OCTOBER 15, 2019 in the courtroom of the Dunn Municipal Building. The following items will be discussed: AMENDMENTS TO SECTION 18 — Solid Waste Management Revisions under consideration are: 18-1 Definitions 18-2 Uncontrolled growth, accumulation - Prohibited All persons desiring to be heard either for or against the proposed items set forth above are requested to be present at the abovementioned time and place. ADVERTISE: October 4, 2019 October 8, 2019 DUNN _ DLINN�� All -America City <<„ , �, All-Ameriea City 1 1 City Coo cil Agenda `o 1 1 ® Meeting ate® October 15, 2019 1989 * 2013 1989 * 2013 SUBJECT TITLE: Consideration of Ordinance to Demolish House — 404 E. Townsend St. PIN #: 1516-87-9495.000 Presenter: Chief Building Inspector Steven King Department: Planning and Inspections Attachment: ■Yes ❑ No Description: Notice of Public Hearing Public Hearing Advertisement Date: 10/01/19 and 10/08/19 PURPOSE: The public has been notified that oral and written comments will be heard and received concerning the condemnation and demolition of the single-family structure owned by Hoyle Properties at 404 E. Townsend St. The public hearing was duly advertised on October 1St, 2019 and October 8th, 2019. BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: LEGAL NOTICE NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF DUNN, NORTH CAROLINA, UNDER AUTHORITY OF CHAPTER 160A, SECTION 364 OF THE GENERAL STATUTES OF NORTH CAROLINA, WILL HOLD A PUBLIC HEARING AT 7:00 P.M. ON OCTOBER 15, 2019 IN THE COURTROOM OF THE DUNN MUNICIPAL BUILDING. THE FOLLOWING ITEMS WILL BE DISCUSSED. PUBLIC HEARING: (1) A HEARING WAS HELD ON MAY 24, 2019 IN REFERENCE TO THE DWELLING LOCATED AT 309 E. HARNETT ST. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160A- 428. AN ORDER WAS ALSO PLACED TO OWNER(S), WILL COVINGTON TO REPAIR OR DEMOLISH SAID DWELLING. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE DWELLING REMOVED AND ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY. (2) A HEARING WAS HELD ON JULY 30, 2019 IN REFERENCE TO THE DWELLING LOCATED AT 404 E. TOWNSEND ST. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNK MINIMUM HOUSING CODE AND N.C.G.S. 160A- 428. AN ORDER WAS ALSO PLACED TO OWNER(S), HOYLE PROPERTIES, TO REPAIR OR DEMOLISH SAID DWELLING. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE DWELLING REMOVED AND ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY. (3) A HEARING WAS HELD ON AUGUST 14, 2019 IN REFERENCE TO THE DWELLING LOCATED AT 704 E. DIVINE ST. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160A - 428. AN ORDER WAS ALSO PLACED TO OWNER(S), ROSA LEE COXUM, TO REPAIR OR DEMOLISH SAID DWELLING. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE DWELLING REMOVED AND ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY. (4) A HEARING WAS HELD ON MARCH 29, 2019 IN REFERENCE TO THE DWELLING LOCATED AT 123 SPRING BRANCH RD. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160A — 428. AN ORDER WAS ALSO PLACED TO OWNER(S), STACEY HARPER, TO REPAIR OR DEMOLISH SAID DWELLING. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE DWELLING REMOVED AND ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY. ALL PERSON DESIRING TO BE HEARD, EITHER FOR OR AGAINST THE PROPOSED ITEMS SET FORTH ABOVE, ARE REQUESTED TO BE PRESENT AT THE ABOVE MENTIONED TIME AND PLACE. STEVEN KING CHIEF BUILDING INSPECTOR CITY OF DUNN Advertise: October 1, and October 8, 2019 ,m north carollna UNN city of Bunn PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3505 ® FAX (910) 230-9005 www.dunn-nc.org Hoyle Properties P.O. Box 326 Dunn, NC 28335 To Whom It May Concern: LOCATION OF DWELLING: 404 E. Townsend St. (PIN #: 1516-87-9495.000) Mayor Oscar N. Harris Mayor Pro Tem Frank McLean Council Members Buddy Maness Dr. Gwen McNeill Billy Tart Chuck Turnage Dr. David L Bradham City Manager Steven Neuschaler You are hereby notified that a Public Hearing will be held before the City Council of the City of Dunn at its Tuesday, October 15th, 2019 meeting at 7:00 pm at the City of Dunn Municipal Building, located at 401 E. Broad Street. Following the Public Hearing, the City Council will consider for decision, an ordinance to authorize the Chief Building Inspector to demolish said This is the 1st day of October, 2019. Steven King Chief Building Inspector, City of Dunn DUNNI— � q. /tai �Srik� � All -America Cily it, �f µ y Council111111 City Meeting Date: October 15, 2019 1989 * 2013 1989 2013 SUBJECT TITLE: Consideration of Ordinance to Demolish House — 704 E. Divine St. 1516-75-7246.000 • Building p • • Department: Planning and Inspections Attachment: mYes ii No Description: Notice of Public Hearing Public Hearing Advertisement Date: and 10/08/19 The public has been notified that oral and written comments will be heard and received concerning the condemnation and demolition of the single-family structure owned by Rosa Lee Coxum CIO Delores Thompson located at 704 E. Divine St, The public hearing was duly advertised on October 15f, 2019 and October 8th, 2019. BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: LEGAL NOTICE NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF DUNN, NORTH CAROLINA, UNDER AUTHORITY OF CHAPTER 160A, SECTION 364 OF THE GENERAL STATUTES OF NORTH CAROLINA, WILL HOLD A PUBLIC HEARING AT 7:00 P.M. ON OCTOBER 15, 2019 IN THE COURTROOM OF THE DUNN MUNICIPAL BUILDING. THE FOLLOWING ITEMS WILL BE DISCUSSED. PUBLIC HEARING: (1) A HEARING WAS HELD ON MAY 24, 2019 IN REFERENCE TO THE DWELLING LOCATED AT 309 E. HARNETT ST. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160A - 428. AN ORDER WAS ALSO PLACED TO OWNER(S), WILL COVINGTON TO REPAIR OR DEMOLISH SAID DWELLING. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE DWELLING REMOVED AND ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY. (2) A HEARING WAS HELD ON JULY 30, 2019 IN REFERENCE TO THE DWELLING LOCATED AT 404 E. TOWNSEND ST. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160A-428. AN ORDER WAS ALSO PLACED TO OWNER(S), HOYLE PROPERTIES, TO REPAIR OR DEMOLISH SAID DWELLING. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE DWELLING REMOVED AND ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY. (3) A HEARING WAS HELD ON AUGUST 14, 2019 IN REFERENCE TO THE DWELLING LOCATED AT 704 E. DIVINE ST. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160A- 428. AN ORDER WAS ALSO PLACED TO OWNER(S), ROSA LEE COXUM, TO REPAIR OR DEMOLISH SAID DWELLING. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE DWELLING REMOVED AND ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY. (4) A HEARING WAS HELD ON MARCH 29, 2019 IN REFERENCE TO THE DWELLING LOCATED AT 123 SPRING BRANCH RD. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160A-428. AN ORDER WAS ALSO PLACED TO OWNER(S), STACEY HARPER, TO REPAIR OR DEMOLISH SAID DWELLING. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILI, GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE DWELLING REMOVED AND ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY. ALL PERSON DESIRING TO BE HEARD, EITHER FOR OR AGAINST THE PROPOSED ITEMS SET FORTH ABOVE, ARE REQUESTED TO BE PRESENT AT THE ABOVE MENTIONED TIME AND PLACE. STEVEN KING CHIEF BUILDING INSPECTOR CITY OF DUNK Advertise: October 1, and October 8, 2019 north carolina L)UNN city of dvtnn PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 o DUNN, NORTH CAROLINA 28335 (910) 230-3505 e FAX (910) 230-9005 www.dunn-nc.org •'41:9012211:11Lai M C Rosa Lee Coxum C/O Delores Thompson P.O. Box 1881 Dunn, NC 28335 To Whom It May Concern: LOCATION OF DWELLING: 704 E. Divine St. (PIN #: 1516-75-7246.000) Mayor Oscar N. Harris Mayor Pro Tenn Frank McLean Council Members Buddy Maness Dr. Gwen McNeill Billy Tart Chuck Tumage Dr. David L Bradham City Manager Steven Neuschafer You are hereby notified that a Public Hearing will be held before the City Council of the City of Dunn at its Tuesday, October 15`h, 2019 meeting at 7:00 pm at the City of Dunn Municipal Building, located at 401 E. Broad Street. Following the Public Hearing, the City Council will consider for decision, an ordinance to authorize the Chief Building Inspector to demolish said dwelling. This is the 1"' day of October, 2019. Steven King Chief Building Inspector, City of Dunn DUNN il(FAmcrles Citp m r re a rtc" rrtaffm 39R ZOtt g®�Iql lyl ®Qt�1 'Ull 11 it g®®'�@l �q� YJ lil. NN 8s41V1VAgAmeriea CIPy All -America City 1 I City/ Council Agenda Form 111111' ® eeting ate: October 15, 2019 1989 *2013 1989*2013 SUBJECT TITLE: Consideration of Ordinance to Demolish House — 309 E. Harnett St. PIN #:1516-77-5457,000 Presenter: Chief Building Inspector Steven King Department: Planning and Inspections Attachment: ■Yes ❑ No Description: Notice of Public Hearing Public Hearing Advertisement Date: 10/01/19 and 10/08/19 The public has been notified that oral and written comments will be heard and received concerning the condemnation and demolition of the single-family structure owned by Will Covington at 309 E. Harnett St. The public hearing was duly advertised on October 1st, 2019 and October 8th, 2019. BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: LEGAL NOTICE NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF DUNN, NORTH CAROLINA, UNDER AUTHORITY OF CHAPTER 160A, SECTION 364 OF THE GENERAL STATUTES OF NORTH CAROLINA, WILL HOLD A PUBLIC HEARING AT 7:00 P.M. ON OCTOBER 15, 2019 IN THE COURTROOM OF THE DUNN MUNICIPAL BUILDING. THE FOLLOWING ITEMS WILL BE DISCUSSED. PUBLIC HEARING: (1) A HEARING WAS HELD ON MAY 24, 2019 IN REFERENCE TO THE DWELLING LOCATED AT 309 E. HARNETT ST. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160A - 428. AN ORDER WAS ALSO PLACED TO OWNER(S), WILL COVINGTON TO REPAIR OR DEMOLISH SAID DWELLING. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE DWELLING REMOVED AND ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY. (2) A HEARING WAS HELD ON JULY 30, 2019 IN REFERENCE TO THE DWELLING LOCATED AT 404 E. TOWNSEND ST. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160A - 428. AN ORDER WAS ALSO PLACED TO OWNER(S), HOYLE PROPERTIES, TO REPAIR OR DEMOLISH SAID DWELLING. TO DATE, NO RESPONSE HAS BEEN MADE. TFIEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO FIAVE THE DWELLING REMOVED AND ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY. (3) A HEARING WAS HELD ON AUGUST 14, 2019 IN REFERENCE TO THE DWELLING LOCATED AT 704 E. DIVINE ST. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160A - 428. AN ORDER WAS ALSO PLACED TO OWNER(S), ROSA LEE COXUM, TO REPAIR OR DEMOLISH SAID DWELLING. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE DWELLING REMOVED AND ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY. (4) A HEARING WAS HELD ON MARCH 29, 2019 IN REFERENCE TO THE DWELLING LOCATED AT 123 SPRING BRANCH RD. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160A — 428. AN ORDER WAS ALSO PLACED TO OWNER(S), STACEY HARPER, TO REPAIR OR DEMOLISH SAID DWELLING. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE DWELLING REMOVED AND ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY. ALL PERSON DESIRING TO BE HEARD, EITHER FOR OR AGAINST THE PROPOSED ITEMS SET FORTH ABOVE, ARE REQUESTED TO BE PRESENT AT THE ABOVE MENTIONED TIME AND PLACE. STEVEN KING CHIEF BUILDING INSPECTOR CITY OF DUNN Advertise: October 1, and October 8, 2019 north caroling UNN city of duan PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 < DUNN, NORTH CAROLINA 25335 (910) 230-3505 ^ FAX (910) 230-9005 www.dunn-nc.org s DUNN CITY COUNCIL Will Covington 3771 Ramsey St. Suite 109-211 Fayetteville, NC 28311 To Whom It May Concern: LOCATION OF DWELLING: 309 E. Harnett St. (PIN #: 1516-77-5457.000) Mayor Oscar N. Harris Mayor Pro Tem Frank McLean Council Members Buddy Maness Dr. Gwen McNeill Billy Tart Chuck Tumage Dr. David L Bradham City Manager Steven Neuschafer You are hereby notified that a Public Hearing will be held before the City Council of the City of Dunn at its Tuesday, October 15th, 2019 meeting at 7:00 pm at the City of Dunn Municipal Building, located at 401 E. Broad Street. Following the Public Hearing, the City Council will consider for decision, an ordinance to authorize the Chief Building Inspector to demolish said dwelling. This is the 1" day of October, 2019. Steven King Chief Building Inspector, City of Dunn 1 _ � E f - D 0" N' " N' � x Council, Meeting Date: October 15,2019 Consideration of Ordinani PIN #: 1516-74-5282.000 Presenter: Chief Building Inspector Steven Planning and Attachment; mYes ❑ No Public Hearing Advertisement Date: and 10/08119 1111 060 to Demolish House —123 Spring Branch Rd. Description: Notice of Public Hearing The public has been notified that oral and written comments will be heard and received concerning the condemnation and demolition of the single-family structure owned by Stacey Harper and Ridge Keith at 123 Spring Branch Rd. The public hearing was duly advertised on October 15t, 2019 and October 8th, 2019. _9. c• .1 BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: LEGAL NOTICE NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF DUNN, NORTH CAROLINA, UNDER AUTHORITY OF CHAPTER 160A, SECTION 364 OF THE GENERAL STATUTES OF NORTH CAROLINA, WILL HOLD A PUBLIC HEARING AT 7:00 P.M. ON OCTOBER 15, 2019 IN THE COURTROOM OF THE DUNN MUNICIPAL BUILDING. THE FOLLOWING ITEMS WILL BE DISCUSSED. PUBLIC HEARING: (1) A HEARING WAS HELD ON MAY 24, 2019 IN REFERENCE TO THE DWELLING LOCATED AT 309 E. HARNETT ST. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160A - 428. AN ORDER WAS ALSO PLACED TO OWNER(S), WILL COVINGTON TO REPAIR OR DEMOLISH SAID DWELLING. TO DATE, NO RESPONSE HAS BEEN MADE. TIIEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE DWELLING REMOVED AND ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY. (2) A HEARING WAS HELD ON JULY 30, 2019 IN REFERENCE TO THE DWELLING LOCATED AT 404 E. TOWNSEND ST. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160A - 428. AN ORDER WAS ALSO PLACED TO OWNER(S), HOYLE PROPERTIES, TO REPAIR OR DEMOLISH SAID DWELLING. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE DWELLING REMOVED AND ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY. (3) A HEARING WAS FIELD ON AUGUST 14, 2019 IN REFERENCE TO THE DWELLING LOCATED AT 704 E. DIVINE ST. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160A-428. AN ORDER WAS ALSO PLACED TO OWNER(S), ROSA LEE COXUM, TO REPAIR OR DEMOLISH SAID DWELLING. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE DWELLING REMOVED AND ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY. (4) A HEARING WAS HELD ON MARCH 29, 2019 IN REFERENCE TO THE DWELLING LOCATED AT 123 SPRING BRANCH RD. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160A — 428. AN ORDER WAS ALSO PLACED TO OWNER(S), STACEY HARPER, TO REPAIR OR DEMOLISH SAID DWELLING. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE DWELLING REMOVED AND ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY. ALL PERSON DESIRING TO BE HEARD, EITHER FOR OR AGAINST THE PROPOSED ITEMS SET FORTH ABOVE, ARE REQUESTED TO BE PRESENT AT THE ABOVE MENTIONED TIME AND PLACE. STEVEN KING CHIEF BUILDING INSPECTOR CITY OF DUNN Advertise: October 1, and October 8, 2019 north carolina UNN city of dune PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 e DUNN, NORTH CAROLINA 28335 (910) 230-3505 ^ FAX (910) 230-9005 www.dunn-ne.org Stacey Harper 123 Spring Branch Rd. Dunn, NC 28334 To Whom It May Concern: LOCATION Of DWELLING: 123 Spring Branch Rd. (PIN #: 1516-74-5282.000) Mayor Oscar N. Harris Mayor Pro Tem Frank McLean Council Members Buddy Maness Dr. Gwen McNeill Billy Tart Chuck Turnage Dr. David L Bradham City Manager Steven Neuschafer You are hereby notified that a Public Hearing will be held before the City Council of the City of Dunn at its Tuesday, October 15`h, 2019 meeting at 7:00 pm at the City of Dunn Municipal Building, located at 401 E. Broad Street. Following the Public Hearing, the City Council will consider for decision, an ordinance to authorize the Chief Building Inspector to demolish said dwelling. This is the 30th day of September, 2019. Steven King Chief Building Inspector, City of Dunn LW-UUNN r City Council - Agenda Meeting 9 6 :� Date: �Y 8 October ® 15, Ai1989 * 2013 SUBJECT TITLE: Conditional Use Permit CU -01.19 DeAngelo Jackson (applicant) Anchor Properties of Raleigh, LLC (owner) PIN # 1506.89.9238.000 1107 Erwin Rd. Presenter: George Adler, Planning Director Department: Planning & Zoning Attachment: X Yes No Description: Public Hearing Notice ing Advertisement Date: 17th, 24th, and October 1, 2019 This is a request for a Conditional Use Permit [Zoning Ordinance Article IX, Division 1, 22-461 (8) from DeAngelo Jackson. The conditional use request is for a Certified Adult Day Care. :7±T11KC1:Tel1]i!UA The Public Hearing is the opportunity for the Council to hear sworn testimony and receive specific evidence from the public to include any party for or against the request. During the deliberation for decision, questions may only be asked to clarify previous testimony. The Public Hearing was duly advertised on September 17th, 241h, and October 15t, 2019. BUDGET IMPACT: NONE RECOMMENDATION/ACTION REQUESTED: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a PUBLIC MEETING will be held by the CITY OF DUNN PLANNING BOARD on SEPTEMBER 24, 2019 at 6:30 P.M. and a PUBLIC HEARING will be held by the CITY COUNCIL OF THE CITY OF DUNN on OCTOBER 15, 2019 at 7:00 P.M. in the COURTROOM of the DUNN MUNICIPAL BUILDING for the purpose of considering the following item: CONDITIONAL USE APPLICATION CU -01-19 DeAngelo Jackson (Applicant) Pin# 1506-89-9238.000 This is a request to allow a Certified Adult Day Care as a conditional use of a property zoned O&I, Office & Institutional. This property is 1.06 +/- acres and is located at 1107 Erwin Rd. All persons desiring to be heard either for or against the proposed item set forth above are requested to be present at the above mentioned time and place. Copies of the proposed item are available for review at the DEPARTMENT OF PLANNING during normal business hours Monday through Friday. Written comments may be addressed to: PLANNING DEPARTMENT CITY OF DUNN P.O. BOX 1065 DUNN, NC 28335 ADVERTISE: September 17, 2019 September 24, 2019 October 1, 2019 aDUNNDt�NNDUNN Atl NmeeicaGiiy �,rr ol d,.,,,, All•�MerieaGi� 1 1 city Council Agenda Form 1 f 19 Meeting Date.- October 15, 2019 1989 � 2013 1989 * 2013 SUBJECT TITLE: Minutes — Special Call Meeting September 10, 2019, 3:00 p.m. Presenter: Department: Attachment: X Yes No Description: September 10, 2019, 3:00 p.m, Minutes Public Hearing Advertisement Date: PURPOSE: BACKGROUND: 1:111 11e1 A i 114 17_TH 1 I RECOMMENDATION/ACTION REQUESTED: Motion to approve the September 10, 2019, 3:00 p.m. Minutes as presented, MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Special Called Meeting on Tuesday, September 10, 2019 at 3:00 p.m. in the Dunn Municipal Building. Present: Mayor Oscar N. Harris, Mayor Pro Tem Frank McLean, Council Members Buddy Maness, Dr. Gwen McNeill, Billy Tart, Chuck Turnage and Dr. David L. Bradham. Also present: Chy Manager Steven Neuschafer, Assistant to the City Manager Mathew Boone, Planning Director George Adler Parks and Recreation Director Brian McNeill, Administrative Support Specialist Connie Jernigan and City Clerk Tammy Williams. Gnests recognized by Mayo• Harn•is: Emily Weaver with The Daily Record INVOCATION Mayor Harris opened the meeting at 3:00 p.m., gave the invocation and led the attendees in the Pledge of Allegiance. AGENDA ADJUSTMENT AND APPROVAL Motion by Council Member Maness and second by Council Member McNeill to adopt the September 10, 2019 meeting agenda as presented. Motion unanimously approved. WORK SESSION: To hear information on Environmental Enhancement Grant application for a:. proposed nature park in the Hannah's Pond and Stoney Run corridor City Manager Neuschafer reported that the staff has met with Adam Carter and Wesley Johnson representing Wetland Solutions LLC twice on this proposed project. The Council did agree to send a letter of intent to apply at the August 13, 2019 meeting and that letter was submitted. Mr. Johnson presented information on applying for an Environmental Enhancement Grant through the North Carolina Attorney General's office. They proposed that the City'; apply for a $500,000 giant for a nature park within the Stoney Run corridor between US 301 and I-95, which also encompasses Hannah's Pond. The potential overall project area could constitute around 120 acres of preserved natural area to include over a mile of walking trails. Trails would be developed just out of the wetlands. Mr. Johnson shared that Wetland Solutions is also working on a similar project with Harnett County around the Dunn -Erwin Trail. The City is one of 16 owners of the properties to be included in the proposed project. The goal is to develop a non-profit and the idea situation would be for the property owners to donate the land to the non-profit for the development of the nature park. If property owners want to be paid, there are additional grants that will pay for the acquisition of land. Mr. Johnson addressed several questions from Council Member Turnage and confirmed that property owners have not been contacted as they did not want to cause confusion that this was a city project until the meeting of the council. The project was brought to the forefront by Wetland Solutions due to the no -match grant opportunity through the Attorney General's office. The (deadline for this grant is September 24, 2019 and Mr. Carter and Mr. Johnson will be attending a workshop to learn more about the grant on September 11, 2019. Mr. Johnson confirmed that a non-profit has not been formed yet and that is why the City is needed to apply for the grant. Council Member Maness asked about the liability of the dam on Hannah's Pond. Currently, that liability belongs to the property owners. Mr. Johnson replied that the project proposes that the dam be removed, which would take away that liability and would change the dynamics of the pond. A mitigation bank is a possibility in helping make the project self- sustaining. The $500,000 grant is expected to fulfill the dam removal and initial vegetative adjustments to the project area. Removing the dam will not take away the water but the plan is to establish natural pools of water for recreational canoe and kayak use. The project would help with flood events as it would not be just a straight surge of water through a narrow dam, but serpentine steam beds to slow the flow of the water. Council Member Bradham expressed public safety and future liability concerns for the City and the potential expenses involved in maintaining the park in the future. The project is projected to be done in phases with the first phase being the removal of the dam. City Manager Neuschafer confirmed that police protection will be handled the same way as the Dunn -Erwin Trail with the Sheriff's Department handling those properties outside the City limits. Mr. Johnson shared that the project originated from their standpoint with the City's need to handle drainage issues. Mayor Harris shared that he felt that the Council's concerns were the sustainability of the project and the future liability and costs associated with public safety. The benefits are there but the timeline and all the unanswered questions are the biggest concerns. He further expressed concerns that even if the project is transferred to a non-profit from the City that the City might still be held liable for any future problems with the project. Council members expressed that the concept for the nature park is a very good idea and plan but due to the timeline and the unknown questions, along with the need to bring property owners to the table; the grant application should be delayed. Mr. Johnson shared that even if this grant is not pursued by the City, Wetland Solutions LLC plans to continue to work on this project and investigate future grant options. He pointed out that other opportunities are available and the Council's feedback is valuable to the process of this project. Council members further extended their gratitude to Mn Carter and Mr. Johnson for their efforts. With no further business to discuss, motion by Council Member Maness and second by, Council Member Bradham to adjourn the meeting at 4:07 p.m. Motion unanimously approved. Oscar N. Harris Mayor Attest: Tammy Williams City Clerk DUNN ti Council 1 1 ?4 eeting Date: October 15,2019x 98 SUBJECT TITLE: Minutes — September 10, 2019 Presenter; Department: 10.2019 Minutes Public Hearing Advertisement Date: PURPOSE: BACKGROUND: BUDGET IMPACT: RECOMMENDATIONIACTION REQUESTED: Motion to approve the September 10, 2019 Minutes as presented. MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Tuesday, September 10, 2019 at 7:00 p.m. in the Dunn Municipal Building. Present: Mayor Oscar N. Harris, Mayor Pro Tem Frank McLean, Council Members Buddy Maness, Dr. Gwen McNeill, Billy Tart, Cluck Turnage and Dr. David L. Bradham. Also present: City Manager Steven Neuschafer, Assistant City Manager Mathew Boone, Finance Director Jim Roberts, Public Utilities Director Heather Adams, Public Works Director Vince Washington, Planning Director George Adler, Chief Building Inspector Steven King, Chief of Police Chuck West, Parks and Recreation Director Brian McNeill, Mannan Resources Director Anne Thompson, Librarian tbfike Williams, Community Planner .Tasha McDowell, Administrative Support Specialist Connie Jernigan, Attorney Wiley Pope, and City Clerk Tanmuy Williams. Guests recognized by Mayor Harris: Emily Weaver with The Daily Record; Sheri Wayne Coats and his wife, Dale; County Commissioner Mark Johnson and his wife, Ruby; former City Council Member Paul Perry and front Boy Scouts Troop 711—Brice Faircloth, Jacob Blackmon, and Assistant Scout Master Hank Purvis INVOCATION Mayor Han -is opened the meeting at 7:00 p.m. and Rev. Elizabeth Gaines, Pastor at Divine Street United Methodist Church gave the invocation. Afterwards, the Pledge of Allegiance was recited. Mayor Harris thanked the City Manager, Department Heads and ;City employees for their work in preparation for Hurricane Dorian. He also expressed his gratitude that the City of Dunn was spared. AGENDA ADJUSTMENT AND APPROVAL Motion by Council Member Maness and second by Council Member Turnage to adopt the September 10, 2019 meeting agenda as presented. Motion unanimously approved. PRESENTATIONS: Resolution — the late William P. "Abe" Elmore Mayor Harris presented a Resolution to the family of the late Abe Elmore, who served as Mayo' of the City of Dunn for a total of four terms with his last term ending December of 1999 and was serving his second term as County Commissioner at the time of his death. A copy of the Resolution (R2019-22) is incorporated into these minutes as Attachment #1. Retirement Resolution.—Police Officer Ricky Jackson Mayor Harris and Chief West, presented a Resolution to Police Officer Ricky Jackson to express appreciation from the Mayor and Council of his more than 22 years of service to the City of Dunn. A copy of the Resolution (R2019-23) is incorporated into these minutes as Attachment #2. Mayor Harris recessed the meeting for a short break and reconvened at 7:21 p.m. Advanced Metering infrastructure Project Review Lauren Brown, Project Manager with MeterSYS and Charlie Daniels with Ferguson Waterworks provided an update on the status of the Advanced Metering Infrastructure Project. Installation of the meters are almost complete. Radio frequency submits reads to the Water Department to help identify any leakage problems. Implementation of the customer portal is the next step to complete the project. PUBLIC COMMENT PERIOD The Public Comment Period was opened by Mayor Harris at 7:29 p.m. Having no comments, the Public Comment period was closed. Mayor Harris recessed the regular meeting for Public Hearings. PUBLIC HEARINGS: Voluntary Annexation — Willoughby ANX-01-19 Mayor Harris opened the public hearing at 7:30 p.m. The public has been notified that oral and written comments will be heard and received concerning the question of voluntary contiguous annexation petition ANX-01-19; +/-18.96 acres at 1001 Meadowlark Rd, owned by John A. Willoughby Jr. and Clarice Willoughby. The property is identified by the Harnett County Registry as PIN #1517-65-0443.000. The Public Hearing was duly advertised on August 29, 2019. Hearing no comments, the public hearing was closed at 7:31 p.m. and the regular meeting was reconvened. A copy of the legal notice is incorporated into these minutes as Attachment #3. CONSENT ITEMS; Approval of the August 13, 2019 City Council Meeting minutes Temporary Blocking of Streets — First Presbyterian Church Temporary Blocking of Sheets—NC Cotton Festival Resolution declaring Badge and Service Weapon carried by Police Officer Ricky Jackson surplus and awarding to him on his Retirement. A copy of the Resohrtion (82019-24) is incorporated into these ininutes as Attachment 94. Resolution to accept State Loan for W WTP Aeration Project. A. copy of the Resolution (R2019-25) is incorporated into these minutes as Attachment #5, CALEA Crime Analyst Manager position Motion by Council Member McLean and second by Council Member McNeill to approve all consent items. Motion unanimously approved. ITEMS FOR DECISION AND/OR DECISION. Consideration of Voluntary Annexation — Willoughby ANX-01-19 ' Ordinance was considered to extend the corporate limits of the City of Dunn by the voluntary contiguous annexation of +/-18.96 acres at 1001 Meadowlark Rd, owned by John A. Willoughby Jr. and Clarice Willoughby. The property is identified by the Harnett County Registry as PIN #1517-65-0443.000. At the July meeting, the Council adopted a Resolution directing the Clerk to investigate a, voluntary annexation petition for ANX-01-19. The Clerk has certified the sufficiency of the petition and Resolution fixing the date of the Public Hearing for September 10, 2019 was adopted at the August 13, 2019 Council meeting.The Public Hearing was held on September 10, 2019. Motion was made by Council Member Turnage and second by Council Member Maness to adopt an ordinance to extend the corporate limits of the City of Dunn by the voluntary contiguous annexation of +/-18.96 acres at 1001 Meadowlark Rd, owned by John A. Willoughby Jr. and Clarice Willoughby, PIN #1517-65-0443.000. Motion unanimously approved. A copy of the Ordinance(02019-09) is incorporated into these minutes as Attachment #6. Consideration of Ordinance to Demolish -204 Ammons Rd Chief Building Inspector King reported that this decision was tabled at the June 11, 2019 meeting to allow the owner to make necessary repass to the structure or sell the property. He shared that John Sutton has since purchased the property, building permits have been issued and they have been working on the house, pretty much non-stop. The new owners have completed a lot of repairs and everything has been passing inspection. His recommendation is to allow for additional time for new owner to make the necessary repairs to the dwelling or to drop the condemnation proceedings entirely on the property. Motion by Council Member Tart and second by Council Member Bradham to drop condemnation proceedings on 204 Ammons Drive. Motion unanimously approved. Acceptance of Golden Leaf Foundation Grant for Inflow and Infiltration Assessment Public Utilities Director Adams reported to Council that the City applied for and received Hurricane Florence Recovery Grant funds from the Golden LEAF Foundation for the propose of funding an Inflow and Infiltration assessment of the City's wastewater collection system in order to identify areas of damage, resulting from the effects of Hurricane Florence, The assessment will also include an impact analysis and a recommendation for prioritizing the repair of the identified defects. The grant is for $142,500 with no local match required, Motion by Council Member Maness and second by Council Member McNeill to accept the Golden LEAF Grant in the amount of $142,500 and make the applicable assurances contained therein and authorize City Manager Neuschafer to enter into a contract with WithersRavenel to assist the City with completing the Inflow and Infiltration Assessment. Motion unanimously approved. A copy of the Acknowledgement and Agreement with Golden Leaf and the agreement with WithersRavenel are incorporated into these minutes as Attachment #7, Consider Professional Services Agreement for State Revolving Fund Waterline Rehab Project —Dunn -Erwin Road 14 inch Water Line Abandonment and E Wake Water Line Improvements Public Utilities Director Adams asked the Council to consider a professional services proposal from WithersRavenel for engineering tasks as they relate to the State Revolving Funded project which encompasses the 14 inch water line abandomnent along Dunn -Erwin Road and the upsizing of a waterline on E Wake Street. At the August 13, 2019 meeting, Council approved to move forward with a State Revolving Fund Loan. A Request for Qualifications for Professional Services was published in The Daily Record on July 29, 2019. 'Engineering expenses will be incurred in fiscal years 2019-2020 and 2020-2021 and are reimbursable through the State Revolving Fund loan. Motion by Council Member Bradham and second by Council Member Maness to approve the Professional Services Agreement with WithersRavenel and authorize City Manager Neuschafer to enter into a contract with WithersRavenel for professional services related to the engineering tasks associated with the abandonment of the Dunn -Erwin Road 14 inch water line and the upsizing of the water line on E. Wake Street. Motion unanimously approved. A copy of the Agreement rovith WithersRavenel is incorporated into these minutes as Attachment #8, Authorization for USDA Loan Application — Vehicles and Equipment Finance Director Roberts presented request to secure two loans from the United States Department of Agriculture, Rural Development for the purchase of equipment for the Water and Sewer department and enterprise fund, for Departments of Public Works, Recreation, and Police Departments. The equipment included in these loans will be for: tractor, excavator, generator, two bucks, and a hailer for the Water Department. Equipment for the City includes: two mowers, leaf collection equipment, and a bunker and field rake. Local banks were 'contacted and compared rates and years of repayment and none were able to compete with USDA for these loans, both with a fixed rate of 3.5% for 10 years for Water and Sewer equipment and 7 years for the other vehicles and equipment. The approximate total funding for these loans combined is $465,000 and repayments will be made through funds available within our current budget. Motion by Council Member Tannage and second by Council Member McLean to approve for the Finance Officer to work with the USDA and proceed with the loan process. Motion unanimously approved. Tart Park Construction Considerations City Manager Neuschafer told council that staff needs a consensus on how to proceed with rebidding and project scope modifications for the Tart Park renovation. Parks and Recreation Director McNeill referred to the budget and those items that the staff is looking at completing to help with cost savings. He shared other alternatives to help with cost saving, such as doing away with upgrade of two fields and cosmetic changes to dugouts and the central tower. These changes should not change the function of the park and will not cause any problems with the PARFT Grant. City Manager Neuschafer shared that the amount of blocks has been reduced in the tower, which will lower the initial cost but will cause additional maintenance expense in f Lure years with needed painting. They also have reduced the amount of blocks for the dugouts and added fencing instead. He also confirmed that the layout is not changing. Del Crawford with Crawford Design Company and Gordon Johnson with Gordon Johnson Architecture, administrators of the Tart project, proposed that the cental tower be bid both ways, like at Tyler Park and with proposed changes. Bid alternates will allow for flexibility as the project moves forward. Plans are to divide the bids to include bids for the building and separate bids for site work. Motion by Council Member Bradham and second by Council Member Tart to accept the recommended changes, as proposed by staff, for the scope of the project to decrease the overall budget and to meet project standards set by the PARTF Authority. Motion unanimously approved. Consideration of Environment Enhancement Grant The Council was asked to give the City Manager authority to approve and to submit an application for an Environmental Enhancement Grant through the North Carolina Attorney General's Office. The grant funds would be used to establish a nature park to include Hannah's Pond and the Stoney Run corridor connecting Highway 301 to Interstate 95. This project would include aesthetic, environmental and storm water improvements. Wetland Solutions LLC was prepared to work with the City and lead on design, communication with property owners and formulation of the application as was presented at today's work session. The Letter of Intent was submitted by the City on August 16, 2019. The deadline for Grant Proposals is September 24, 2019. Motion by Council Member Turnage and second by Council Member McNeill to table this item for further research and action at a date to be determined. After discussion, motion unanimously approved. Financial Report/Assessments Update Finance Director Roberts provided the following financial report for the period ending August 31, 2019: $3,613,251 in cash in the General Fund and $2,333,838 in the Water -Sewer Fund. Through August of 2018, the City had $2,596,189 in the General Fund and $2,351,973 in the Water and Sewer Fund. Both Fund Balances combined — the City has $998,927 more than for the same period last year. Property Tax Collections to date: aapproximately $7,300 Sales Tax Revenue has not been reported for the last quarter as of this date. Utilities Sales Tax report for the last Quarter is due by September 15, 2019. Building Permit Fees for August were $9,465 for a total collected for the year of $20,587 or 25.6% of budget. Water and Sewer Revenues - $534,216 or 9.6% of budget, Expenditures $1,508,000 or 13% of budget in the general fund. The Water and Sewer fund has spent $628,200 or 10.1 % of budget. The benchmark for this period is 16.7% of budget. He also presented the Liens and Assessments Update. Motion by Council Member McLean and second by Council Member Tart to acknowledge receipt of the Financial Report and Assessments Update. Motion unanimously approved. ADMINISTRATIVE REPORTS Reports received: Planning and Inspections Report, Public Works Report, Public Utilities Report, Parks and Recreation Report, Library Report and Police Report. Motion by Council Member McLean and second by Council Member McNeill to acknowledge receipt of Administrative Reports. Motion unanimously approved. City Manager's Report City Manager Neuschafer did not have anything additional for the meeting. ANNOUNCEME NTSA NFORMATION Mayor Harris announced upcoming events and activities. Council Member Turnage added that Raven Rock State Park will be celebrating the park's 506' Anniversary on Saturday. Council Member Turnage thanked City Manager Neuschafer and Public Works for handling debris pickup around the storm drains in preparation for Hurricane Dorian. Proclamation — Dr. Ron Spears, Senior Pastor of Faith & Power Center. A copy of the Proclamation (P2019-13) is incorporated into these minifies as Attachment #9. Proclamation — Declaration of State of Emergency Hurricane Dorian. A copy of the Proclamation (P2019-14) is incorporated into these minutes as Attachment#10, With no further business to discuss, motion by Council Member McNeill and second by Council Member McLean to adjourn the meeting at 8:06 p.m. Motion unanimously approved. Oscar N. Harris Mayor Attest: Tammy Williams City Clerk y' N UNN I-W-DU(NN yA City/ Council Agenda Form Meeting Date: October is 1989 * 2013 SUBJECT TITLE: Veterans Day Proclamation Presenter: Mayor Harris Attachment: x Yes No Description: Proclamation Public Hearina Advertisement Date; PURPOSE: Proclamation recognizing November 11, 2019 as Veterans Day in the City of Dunn. BACKGROUND: BUDGET IMPACT: RECOMMEN DATIONIACTION REQUESTED: To acknowledge Proclamation recognizing Veterans Day as November 11, 2019. north Carolina DUN babod WG DUNN All -America Cily city of dunn zr7rerre cmnnucni viaEters e.0 1989 *2013 Recognition of veterans Day 2019 WHEREAS, Veterans Day is an annual holiday in the United States honoring military veterans and is observed on November 11th; and WHEREAS, The American Legion is a membership organization of United States Veterans, established by Congress in 1919 to provide an opportunity for veterans to continue serving their country; and WHEREAS, American Legion Post 59 and American Legion Auxiliary Unit 59 recently celebrated the 100"' Anniversary of The American Legion, American Legion Auxiliary and American Legion Post 59 on September 12, 2019 at the Post 59 home in Duma, with special guests from around the state, honoring those veterans who made this anniversary possible; and WHEREAS, on Veterans Day, we reflect upon the invaluable contributions of our country's veterans and reaffirm our commitment to provide them and their families with the support they have earned; and WHEREAS, on Veterans Day, we pay tribute to the service and sacrifice of the men and women who bravely defended our freedom; and WHEREAS, these remarkable individuals have helped to make our nation secure and to advance the cause of freedom worldwide. By answering the calls of duty and risking their lives to protect their fellow countrymen, these patriots have inspired the nation with their courage and dedication; and WHEREAS, the restoration of the observance of Veterans Day not only preserves the historical significance of the date, but helps focus attention on the important purpose of Veterans Day; A celebration to honor America's veterans for their patriotism, love of country, and willingness to serve and sacrifice for the common good. NOW THEREFORE BE IT RESOLVED, I, Mayor Oscar N. Harris, do hereby proclaim November 11, 2019 as "Veterans Day" in the City of Dunn and, on behalf of the City Council and the residents of Dunn and all those who call Dunn home, extend our heartfelt gratitude to our Veterans, and congratulate The American Legion and American Legion Post 59 on their 100"' Anniversary, and encourage our community to recognize the valor and sacrifice of our veterans and to show honor due them through appropriate ceremonies and by uplifting our veterans in your prayers. g its the IY4 day of October, 2019. Q0sctar!2!fanis,IM yor 0 Williams,/gity ti L-- Ea �U— D 0- t 1 N— " N' )R-WOV-10 x v11f City Council Agenda Form f Y Meeting Date: October 15, 2019 U101989 * 2013 I 13 SUBJECT TITLE: Resolution Urging a Safe and Courteous Halloween on Thursday, October 31, 2019 Presenter: City Manager Neuschafer Department: Admin Attachment: x Yes No Description: Resolution Public Hearinq Advertisement Date: 0 PURPOSE: To urge residents of the City of Dunn to observe a safe and courteous Halloween with Trick -or -Treating taking place on Thursday, October 31, 2019 from 5:00 p.m. until 8:30 pm. and be restricted to children under the age of 13. BACKGROUND: :IpBIei:0ih41XeTO5 RECOMMENDATION/ACTION REQUESTED: To approve Resolution Urging Residents to Observe a Safe and Courteous Halloween. north earoIina DUNN DuNFN hCand All-America City City of Bunn 2J"lere Ga77i71tUYtl 7llaMerf ,moi( 1989 * 2073 urging Residents to Observe a Safe and-Courteous i/affoween BE IT RESOLVED BY THE City Council of the City of Dunn that residents who desire to participate in traditional Halloween Trick-or-Treating observe certain safety, courtesy and common sense guidelines to protect participants and preserve the peace for non-participants. And, be it resolved that the City Council suggests the following guidelines: (1) That Halloween Trick-or-Treating should take place on Thursday, October 31, 2019 and should be restricted to children under the age of 13. (2) That all children tatting part in Trick-or-Treating should be clothed in safe costumes, featuring materials that can be seen in the dark by motorists and masks that do not obstruct the children's vision. (3) That all children or groups of children taking part in Trick-or-Treating should be accompanied by a responsible older person who can protect the children from harm. (4) That Trick-or-Treating be conducted during reasonable hours, preferably between 5:00 p.m. and 8:30 p.m. (5) That those who choose not to participate in Halloween indicate so to others by leaving their porch lights off, and, that participants respect the wishes of those who choose not to participate in Halloween by not visiting homes where porch lights are off. (6) That children Trick-or-Treat in their own neighborhoods, visiting only familiar homes. (7) That parents and/or guardians inspect collected treats carefully before they are consumed by children. (8) That suspicious activities or collected treats that show signs of tampering be reported immediately to the Dunn Police Department. (9) That teenagers (ages 13-19) refrain from participating in Trick-or-Treating. ,,4dopted is, t(te 1S lay of October, 2019. i {rt O ar N. Harris, N ay r Attest: 1� f Tante iy Willian,fi, City Cleric U L- 'L"& -'U- D 0- N"' " N"' ft �= Council i y Agenda ,4 i" 1111. 1989 * 2013 1989 * 2013 SUBJECT TITLE: Temporary Blocking of Streets — Christmas Tree Lighting Presenter: City Manager Neuschafer Department: Admin Attachment: x Yes No Description: Letter and Map Public Hearing Advertisement Date: PURPOSE: Executive Vice President Heather Lawson, on behalf of the Dunn Area Chamber of Commerce, submitted a request to close the following portions of E Broad Street on Thursday, December 5, 2019 to hold the annual Christmas Tree Lighting Ceremony. • E Broad St from Wilson Ave to the alley that runs parallel to First Citizens Bank from 4:00 p.m. until after the event at 9:00 p.m. • E Broad St from the alley at 111 E Broad St to Wilson Ave; Wilson Ave beyond the First Citizens Bank entrance at Cumberland St to the alley in front of the Stewart Theater; and alley directly beside 111 E Broad St from 5:45 p.m. until after the event at 9:00 p.m. In addition, they are asking for assistance from the Public Works Department, Parks and Recreation and the Police Department. BACKGROUND: BUDGETIMPACT: TION/ACTION REQUESTED: Approval of the temporary street closing as requested by the Dunn Area Chamber of Commerce for the Annual Christmas Tree Lighting Ceremony. - norl,h caroling UNN area chamber of commerce I,i?h.2YG l7lGfG7ZP.JJ' 7)ZCI,Cb`G'Y,T October 1, 2019 Mayor Oscar N. Harris City of Dunn PO Box 1065 Dunn NC 28335 Dear Mayor Harris and Council Members: 209 West Divine Street PO Box 548 Dunn North Carolina 28335 (910)892-4113 Fax: (910)892-4071 The Christmas season is just around the corner and we need your continued support for this year's Christmas Tree Lighting to be held on Thursday, December 5 in Downtown Dunn. This event continues to be a collaboration between the City of Dunn, Downtown Dunn Development Corporation and the Dunn Area Chamber of Commerce and features entertainment by Dunn's young people from Harnett Primary, Wayne Avenue and Dunn Middle Schools. We are asking that the City block off East Broad Street at the intersection of Wilson and Broad Streets to the alley that runs parallel to First Citizens Bank at 4:00 p.m. to allow for setup. We will also need the following blocked from 5:45 p.m. until the program is complete: Broad Sheet from the alley at 111 East Broad Street to Wilson Avenue and Wilson Avenue beyond the First Citizens Bank entrance (to allow their customers to enter bank) at Cumberland Street to the alley in front of the Stewart Theatre. The alley will need to be closed directly beside 111 East Broad Street for Santa's transportation. Streets should be cleared by 9:00 p.m. We are also asking for assistance from the Public Works Department, Parks and Recreation, as well as the Police Department during the evening. The Public Works and Parks and Recreation Departments have been instrumental in the set up and break down of this event each year and we are very appreciative of their help. The police are needed to keep cars out of the area and to help with crowd control as Santa arrives. Thank you in advance for your continued support and assistance with the annual Christmas Tree Lighting. (Sincerely, Heather Lawson D11NN Executive Vice President AIlA�erssaCltY Web Site — www.dunnehamber.com Email Address — office@dunnehamber.com r x ®r GeekiT Sherry s Ba + Jeffrey s Florist �- Broad St eet 4 F` Deii Ma ket The Cellar The Choc 'I e Melt,Boutique� ' G W'� i s" ally's "Variety 64r vo vk F1rst Citizens r ' ILSonage Salons&Day Spa tens Bank aft - - DLINN �� AlhAlnericaCity it, 0 ,,,, All•AmericaCity 1 f City Council Agenda Form 11111f ®Mig tee October , 2,019 1484 2033 1484 * 2013 SUBJECT TITLE: Temporary Blocking of Street — Portion fronting 614 E. Broad Street Another Barber Shop) Extending from N. Wilmington Avenue to 611 E. Broad Street Presenter: City Manager Steven Neuschafer Department: Administration Attachment: Yes X No Description: Temporary Blocking of Street Public Hearina Advertisement Date: PURPOSE: A verbal request has been received from Corey Williams, owner of "Another Barber Shop", to close a portion of E. Broad Street fronting their business at 614 E. Broad Street from N. Wilmington Ave. to 611 E. Broad Street on Saturday, November 23, 2019 from 11:00 a.m. until 5:00 p.m. for the purpose of holding an Annual Customer/Community Appreciation Day. IJeT43:(dZe1I 111 This is an annual event that Mr. Williams holds prior to Thanksgiving. BUDGET IMPACT: RECOMMENDATIONIACTION REQUESTED: Approval of the temporary blocking request for the Annual Customer/Community Appreciation Day hosted by Another Barber Shop on November 23, 2019. DUNN 11jr agenda Form Meeting Date: October 15, 2019 1999 * 2013 SUBJECT TITLE: Proclamation — National Friends of Libraries Week Presenter: Mayor Harris Attachment: X Yes No Description: Proclamation Public Hearinq Advertisement Date: PURPOSE: National Friends of Libraries Week — October 20-26, 2019 FATTC-•� 11�fiIc7�h�il]s«ii RECOMMENDATION/ACTION REQUESTED: ® north carohna WU UUNN city of Bunn w4ere comm uni matters Xationar Triends of Libraries Week WHEREAS, Friends of the Dunn Public Library raise money that enables our library to move from good to great - providing the resources for additional programming, much needed equipment, support for children's summer reading, and special events throughout the year; and WHEREAS, the work of the Friends highlights the fact that our library is the cornerstone of the community providing opportunities for all to engage in the joy of life-long learning and connect with the thoughts and ideas of others from ages past to the present; and WHEREAS, the Friends understand the critical importance of well -funded libraries and advocate to ensure that our library gets the resources it needs to provide a wide variety of services to all ages including access to print and electronic materials, along with expert assistance in research, readers' advisory, and children's services; and WHEREAS, the Friends' gift of their time and commitment to the library sets an example for all in how volunteerism leads to positive civic engagement and the betterment of our community. NOW, THEREFORE, BE IT RESOLVED that I, Mayor Oscar N. Harris, do hereby proclaim October 20-26, 2019 as Friends of Libraries week in Dunn, North Carolina, and on behalf of the City Council and the residents of Dunn, extend our gratitude for all the support and efforts of the Friends of the Dunn Public Library and urge everyone to join this great group of volunteers in their efforts to make our library and community so much better. This tfie is fi day of October, 2019. Oscar N. Harris, ayor ATTEST: Tam y Willia City Cleric 3 i All -America City dLlnk 11111P City, Council Agenda ormq 1989 * 2013 Meeting Date: October 15, SUBJECT TITLE: Board Appointment — Cemetery Advisory Board I Presenter: Citv Manaqer Neuschafer I Ee111 Attachment: x Yes No Description: Application from Linda James and Cemetery Advisory Board Roster I Public Hearina Advertisement Date: I PURPOSE: Linda James has applied for a position on the Cemetery Advisory Board. She has served previously and has been off the board for over a year so she is qualified to be reappointed. BACKGROUND: BUDGET IMPACT: RECOMMENDATIONIACTION REQUESTED: Approval to appoint Linda James to the Cemetery Advisory Board for term ending June 30, 2022. CITY OF DUNN CEMETERY ADVISORY BOARD NAME ADDRESS PHONE APPOINTED TERM ENDS 1. Vacant 06/30/2021 2. 06/30/2022 3. 06/30/2022 4. John Frazee 500 S. Powell Avenue 892-6722 04/10/18 06/30/2021 5. Vacant 06/30/2021 6. 7. Donald Alton Smith 309 Briarcliff Drive 984-4763 dsinith31742. enblmmail cmn Dr. David L. Bradham (Ex -Officio Member) wobarfie!dl,i m¢_in maims Steven Neuschafer, City Manager (Ex -Officio Member) sneuaohaF, y d um-nc ore 06/30/2022 06/30/2020 Board Members are appointed for 3 -year terms. However, no member shall serve more than six (6) consecutive years. Board meets not less than quarterly. Meeting dates: (To Be Determined by the Established Board). Meeting place: (To Be Determined by the Established Board). Effective 10/8/2013 (Ordinance 02013-07) was adopted establishing the Cemetery Advisory Board. The Cemetery Advisory Board will be made tip of seven (7) members. The City Council shall appoint members from a list of qualified members, which shall be residents of the City with the exception of a minimum of one (1) member and a maximum of two (2) members residing outside the corporate limits. The duties of the cemetery advisory board are to advise the City Council and City Manager (or his designee) in matters affecting cemetery policies and improvements, by way of a majority vote of the members. Rewsed 1014119 Office Use Only APPLICATION FOR APPOINTMENT Received TO ANADVISORYBOARD FOR THE CITY OF D UAW, NC The City of Dunn appreciates your interest in serving on a Board or Commission and requests that you complete the following application. This application for appointment requests general information based on your interest in applying for a Board or Commission for the City of Dunn. Applicant Name: Home Address: Streat lJ City, Zip Code Date of Application: �`� Home Phone: �✓U J(ya j Z'3 u C�a Business/Other Phone: �6-- FAX Number: Email Address:L�dz @ In order to consider this application and provide a sense of balance to Yife various Boards and Commissions, the City of Dunn requests that the following information be provided: v Date of Birth: /2/cG Male: ❑ Female: Ci( Race: (Caucasian, African-American, Hispanic, Asian, / Native American, Other) Occupation: � .�� S c✓ Educational Background: Members of the City of Dunn Boards and Commissions shall serve without compensation unless otherwise approved by the City Council. Do you reside within the City Limits of Dunn: Yes No ❑ Length of residence in Dunn:— Years Months Please indicate your preferences by number (first choice being "I") and choose no more than three. Membership is limited to one advisory board at a time. You shall not be considered for appointment to another board unless you resign before filing an application or you are in the last six months of your current term. I CITY OF DUNN BOARDS AND COMMISSIONS ___1 Duni Alcoholic Beverage Control Dunn Planning Board Duni Library Board hyiri r 5 �� Dunn Board of Adjustment Dunn Parks cva Keereation Dunn Housing Authority Cemetery Advisory Board Other (over) Please provide a brief statement outlining why you wish to serve on a City of Dunn Board or Commission: Why do you think you would be an asset to. this Board or Commission? Have you ever served on any City of Dunn Board? If so, which one? Please list current and previous service to the community, _civic activities and talents: I would like to be considered for appointment to serve on a City of Dunn Board or Commission. I realize that because I have volunteered completion of this application in no way guarantees that I will be appointed to a Board or Commission by the Dunn City Council. pplicant's Si nature Required Date *Prior to being appointed to an advisory board, the City Council asks each applicant to attend a meeting of the advisory board in which he or she has an interest. This helps each applicant to be more aware of the work of the advisory board. If you have not attended any meeting of the advisory board which you are interested, the chairperson of that board will extend an invitation to you. If you have attended a meeting of an advisory board, Please indicate which board(s) Please return form to: City Clerk's Office, City of Dunn, PO Box 1065, Dunn, NC 28335 Call 910-230-3500 or FAX 910-230-3590 NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION HARNETT COUNTY FILE NO.: 19 CVS CITY OF DUNN, a North Carolina Municipal Corporation Plaintiff, vs. DONALD J. LEE, Defendant. COMPLAINT FOR PERMANENT INJUNCTION PUBLIC NUISANCE ABATEMENT NOW CONIES, the Plaintiff, City of Dunn complaining of the actions of the Defendant, Donald Lee, alleges and says that: PARTIES JURISDICTION AND VENUE 1. Plaintiff City of Dunn (hereinafter "City") is now and at all times mentioned in the Complaint, a municipal corporation duly organized and existing under the laws of the State of North Carolina and is located in Harnett County, North Carolina. 2. Defendant, Donald J, Lee, is the owner of real property located in the City with a physical address of 609 West Johnson Street, Dunn, North Carolina 28334, which was acquired by that deed recorded in Book 3197 at Pages 453-455 of the Harnett County Registry the same being incorporated herein by reference (the "Property"). 3. Jurisdiction in this matter is proper pursuant to NCGS §19.2.1 for a property owner maintaining any building for the purpose of illegal possession or sale of controlled substances and wherein or whereon repeated acts are carried on, conducted or permitted which create and constitute a breach of peace. 4. Venue in this matter is proper pursuant to NCGS § 19.2.2. 5. This action includes a request for preliminary and permanent injunctions pursuant to NCGS §I A-1, Rule 65 and NCGS § 19.2.1. 6. This action further seeks the entry of an Order of Abatement perpetually enjoining the Defendant from further maintaining the public nuisance at the Property. 1 STATEMENT OF FACTS 7. That during the time period of approximately August 2015 to the present, during which time the Defendant Donald J. Lee has owned the Property, the Property has been the subject of numerous and ongoing criminal activities that constitute a public nuisance. 8. Much of the criminal activity is committed by persons visiting and/or staying in the home which actions and criminal activity have been permitted to occur by the Defendant property owner Donald J. Lee. 9. The Dorm Police Department has been to the Property repeatedly and has found the Defendant, who is elderly and disabled, unable and unwilling to assist them in stopping the repeated criminal activities that constitutes a public nuisance. 10. The Dunn Police Department has contacted the Harnett County Department of Social Services ("HCDSS") to assist the Defendant with finding an alternate living arrangement and the Defendant has refused to cooperate with HCDSS. 11. The Dunn Police Department and other city officials have received repeated complaints from the neighbors and community about the criminal activities on the Property and are fearful for their personal protection and protection of their properties. 12. The Dunn Police Department has compiled a list of the repeated Incidents and Arrests that have occurred on the Property since August 2015, a copy of which are summarized and listed on Exhibit A, attached hereto and incorporated herein by reference, the totality of which rises to the level of a public nuisance and during which time the Defendant owned and occupied the Property. 13. An August 5, 2015 Incident Report #01720 reflects charges for larceny of medication, fraud and larceny of a laptop computer. 14. An August 27, 2015 Incident Report #01877 reflects charges for larceny. 15. An October 14, 2015 Incident Report 402247 reflects charges for possession with intent to sell and deliver schedule IV, deliver schedule IV, maintaining a vehicle for drug distribution and dispensing medication without a license. 16. A November 12, 2015 Incident Report #02462 reflects charges for possession with intent to sell and deliver marijuana, simple possession of marijuana, possession of drug paraphernalia, possession of a concealed weapon. 17. A December 10, 2015 Incident Report # 027t2 reflects charges for driving while impaired, driving white license revoked, possession of drug paraphernalia, allow 2 unlicensed person to operate a motor vehicle, order for arrest for failure to appear, possession with intent to sell and deliver Schedule II controlled substance, resisting public officer. 18. A January 11, 2016 Incident Report #00084 reflects charges for simple possession of Schedule II controlled substances and possession of drug paraphernalia. 19. An April 23, 2017 Incident Report 900792 reflects charges for misdemeanor larceny. 20. An August 21, 2017 Incident Report reflects charges for fraud and larceny. 21. A September 26, 2017 Incident Report #02090 reflects charges for burglary. 22. A January 26, 2018 Incident Report #00172 reflects charges for possession with intent to sell and deliver methamphetamine, sell and deliver methamphetamine, dispense medication without a license, conspire to dispense medication without a license. 23. A January 30, 2018 Incident Report #00206 reflected charges for possession of a stolen vehicle and possession of drug paraphernalia pursuant to a search warrant. 24. A February 23, 2018 Incident Report #00372 reflects charges for exploitation of an elderly person. 25. A May 10, 2018 Incident Report 400938 reflects charges for trafficking heroin, maintaining a dwelling for trafficking heroin and possession of drug paraphernalia. 26. A June 25, 2018 Incident Report #01314 reflects charges for possession with intent to sell and deliver cocaine, possession of cocaine, possession of Schedule IV controlled substances, possession of marijuana, possession of unsealed spirituous liquor in vehicle. 27. A July 6, 2018 Incident Report #01395 reflects charges for possession of Schedule I controlled substance, possession of Schedule II controlled substance, possession with intent to manufacture, sell and distribute Schedule I controlled substance, possession of firearm by a felon, possession of firearm with altered serial number and assault by pointing a gun. 28. A March 9, 2019 Incident Report 900539 reflects charges for possession of stolen property. 29. An April 21, 2019 Incident Report 400808 reflects an order for arrest for failure to appear. 3 30. A May 23, 2019 Incident Report#01086 reflects a complaint of narcotics activity. 31. An August 21, 2015 Arrest Report #01831 reflects an order for arrest for driving while license revoked and possession of Schedule IV controlled substances and charges for possession of Schedule 1I, III and IV controlled substances 32. A November 12, 2015 Arrest Report #02462 reflects arrests for possession with intent to sell and distribute marijuana, sell and deliver marijuana, possession of drug paraphernalia, carrying a concealed weapon, resisting a public officer, simple possession of marijuana and possession of drug paraphernalia, arrest for failure to appear on charge of simple possession of marijuana. 33. A December 10, 2015 Arrest Report 402712 reflects arrests for possession with intent to sell and deliver Schedule II, trafficking in opium/heroin and possession of drug paraphernalia. 34. A November 30, 2017 Arrest Report 402612 reflects an at -rest for failure to appear. 35. A May 10, 2018 Arrest Report reflects foto• separate arrests for possession of drug paraphernalia. 36. A July 6, 2018 Arrest Report 901395 reflects arrests for possession of Schedule I and Schedule II controlled substances, possession with intent to sell and distribute Schedule I, possession of firearm by a felon, possession of s stolen firearm, trafficking in opium/heroin, assault by pointing a gun, possession of a firearm by a felon, possession of firearm with altered serial number, possession with intent to sell manufacture and deliver schedule I and trafficking opium/heroin. 37. A March 14, 2019 Arrest Report #00539 reflects arrest for possession of stolen property. 38. An April 21, 2019 Arrest Report #00808 reflects an order for arrest for failure to appear. 39. A September 21, 2019 call #1909-105552 reflects a report of gun shots fired, with the investigation revealing the incident involved the Property that is the subject of this public nuisance suit. 40. All of the incidents as set forth on Exhibit A and are described in paragraphs 13 through 39 of the Complaint occurred on the Property. 2 FIRST CLAIM FOR RELIEF (Preliminary Injunction) 41. The allegations in paragraph 1 through 40 are hereby real leged and incorporated herein by reference. 42. Immediate and irreparable injury, loss or damage will result to the City and its residents if a preliminary injunction is not entered prohibiting the Defendant continuing to occupy the Property and allowing the activities as alleged in the Complaint to continue. 43. Plaintiff has shown a likelihood of success on the merits. 44. The Court should enter a preliminary injunction enjoining the Defendant and the Property from being occupied or otherwise used pending final judgment in this action. SECOND CLAIM FOR RELIEF (Permanent Injunction and Order to Abate Public Nuisance) 45. The allegations in paragraph I through 44 are hereby realleged and incorporated herein by reference. 46. The activities as described in the Complaint constitutes a public nuisance pursuant to NCGS §19-2.1. 47. The City is entitled to protect its rights and the citizens thereof and public at large to a permanent injunction perpetually enjoining the Defendant from occupation or use of the Property. 48. The City is entitled to an Order allowing it to take any action it deems necessary to abate the public nuisance created or allowed on the Property by the Defendant. WHEREFORE, based upon all of the foregoing and the continuing and ongoing public nuisance located at the Property, the Plaintiff City of Dunn respectfully prays the Court as follows: 1. For a preliminary injunction as set forth in the First Claim for Relief. 2. For a permanent injunction as set forth in the Second Claim for Relief. 3. For an Order to abate the public nuisance against the Defendant and the Property as set forth in the Second Claim for Relief. 4. That the costs and expenses of this action and all costs and expenses incurred by the City to abate the public nuisance be taxed to the Defendant and constitute a lien against the Property. 5. For such further and additional relief as the Court deems just and appropriate. This the day of September, 2019. AWiteyy UP, P.A BY: e NCBAR#28028 P. Tilghman Pope NCBAR926633 Attorneys for Plaintiff City of Dunn Post Office Box 928 Dunn, North Carolina 28335 (910)892-4029 Incident Reports Dunn Police Department Criminal -Investigation Division Detective A. Godwin Office 910-230-3563 Email a0odwin(n)dunn-nc.ora EXHIBIT Nuisance Abatement 609 W. Johnson Street I • 2011-01504- 6/25/2011- Breaking and Entering, Larceny from a motor vehicle • 2015-01720- 8/5/2015- Larceny of Medication, Fraud, Larceny of Laptop • 2015 -01877 -8/27/2015 -Larceny • 2015-02247- 10/14/2015- PWISD Schedule IV, Deliver Schedule IV, Maintaining a vehicle, Dispense medication without a license • 2015-02462- 11/12/2015- PWISD marijuana, Sell/deliver marijuana, Simple possess marijuana, Possession drug paraphernalia, Possession concealed weapon • 2015-02712- 12/10/2015- Driving while impaired, Driving while license revoke, Possess drug paraphernalia, Allow unlicensed to operate motor vehicle, OFA/FTA, PWISD Schedule II, Resist public officer • 2016-00084- 1/11/2016- Simple possession schedule II, and Possession drug paraphernalia • 2017-00792- 4/23/2017- Misdemeanor larceny • 2017-01843- 8/21/2017- Fraud, Larceny • 2017-02090- 9/26/2017- Burglary • 2018-00172- 1/26/2018- PWISD methamphetamine, Sell/deliver methamphetamine, Dispense medication without license, Conspire to dispense medication without license • 2018-00206- 1/30/2018- Search Warrant, Possession stolen motor vehicle, Possession drug paraphernalia, • 2018-00372- 2/23/2018- Exploitation of an elderly person • 2018-00938- 5/10/2018- Search Warrant, Trafficking Heroin, Maintaining dwelling, Possession Drug paraphernalia • 2018-01314- 6/25/2018- PWISD Cocaine, Possess Cocaine, Possess schedule IV, Possess Marijuana, Possess Unsealed Spirituous Liquor in vehicle • 2018-01395- 7/6/2018- Possession Schedule I, Possession Schedule ll, PWIMSD Schedule I, Possession Firearm by Felon, Possession/Buy altered gun serial number, assault by pointing gun • 2019-00539- 3/9/2019- Possession Stolen Property • 2019-00808- 4/21/2019- OFA/FTA • 2019-01086- 5/23/2019- Narcotics Compliant 401 EAST BROAD STREET DUNN, NC 28334 910 892-2345 Dunn Police Department CrinainalInT>,cs*glion DlTrision Arrest • 2012-01981- 10/22/2012- John Mac Godwin Jr. for Corporate Malfeasance • 2015-01831- 8/21/2015- Jessica Rae Tanner for OFA-DWLR and OFA Possess Schedule IV • 2015-01832- 8/21/2015- Jessica Rae Tanner for Possess Schedule III, Possess Schedule 11, Possess Schedule IV. • 2015-02462- 11/12/2015- Steven Wayne Page for PWISD Marijuana, Sell/Deliver Marijuana, Possess Drug Paraphernalia. Dahtayza Latteriona Hart for Carrying Concealed Weapon and Resisting Public Officer. Katrina Karen Hardman for Simple Possession of Marijuana, Possession of Drug Paraphernalia • 2015-02465- 11/12/2015- Dahtayza Latteriona Hart for FTA -Simple possession of marijuana • 2015-02712- 12/10/2015- Larry Thomas McDougald Jr. for PWISD Schedule 11, Trafficking Opium/Heroin, Possession Drug Paraphernalia • 2017-02612- 11/30/2017- Nathan Doyle Pate for OFA/FTA • 2018-00206- 1/30/2018- Tabitha Recore for Possession Drug Paraphernalia • 2018-00938- 5/10/2018- Ronald King Allen for Possession Drug Paraphernalia, Kristi Michelle Baker for Possession Drug Paraphernalia, Kimberly Barefoot Colvin for Possession Drug Paraphernalia, Emanuel Lewis Davis for Possession Drug Paraphernalia • 2018-01395- 7/6/2018- Codie Evan Koerner for Possession Schedule 1, Possession Schedule 11, PWISD Schedule 1, Possession of Firearm by Felon, Possession Stolen Firearm, Trafficking Opium/Heroin, Assault by Pointing a Gun. Jeffrey Cleo Williams for Possession of Firearm by Felon. Jessica Denise Pate for Possession/Buy Alter Gun Serial Number, PWIMSD Schedule I, Trafficking Opium/Heroin. • 2019-00539- 3/14/2019- Bernice Lee Adams for Possession of Stolen Property • 2019-00808- 4/21/2019- Jessica Ann Owda for OFA/FTA 401 EAST BROAD STREET DUNN, NC 28334 910 892-2345 DUNN ®® DLINNDUNN Ail A�erica Gity „ , �. Ait•ber➢ca City 1 ICity Council Agenda d or 1 ® Meeting Date: October 15, 2019 11110. 1989 * 2013 1989 * 2013 SUBJECT TITLE: Economic Development Incentive Agreement with Pallet Consultants of North Carolina, Inc. Presenter: City Manager Neuschafer Department: Admin Attachment: X Yes No Description: Resolution and Agreement Public Hearing Advertisement Date: PURPOSE: To approve the Economic Development Incentive Agreement with Pallet Consultants of North Carolina, Inc. (PCNC), whereby the City of Dunn will make appropriations for the purpose of aiding and encouraging the location and/or expansion of manufacturing enterprises and industrial and commercial plants in the City. BACKGROUND: In the incentive package: PCNC, in addition to a direct investment in the tax base, will be creating approximately 50 full-time jobs at an average wage of $38,360 per year and providing employee insurance coverage (paying at least 50%). Their investment is projected at $3,7 million. The proposed economic incentive package will include 5 annual grants (rebates), not to exceed 80% of the City ad valorem taxes paid by PCNC over the 5 -year period and based on their performance as related to the agreement. The rebates will be paid annually, after payment of their taxes and required paperwork has been received by the City, so there is no cash payout. The Harnett County Commissioners will be voting on the same incentive agreement at their meeting on October 21, 2019. BUDGET IMPACT: Estimated to be a total of $76,534 over the 5 -year period. RECOMMENDATIONIACTION REQUESTED: Motion to adopt the Resolution to enter into an Incentive Agreement between the City of Dunn and Pallet Consultants of North Carolina, Inc. NORTH CAROLINA RESOLUTION TO ENTER INTO AN INCENTIVE AGREEMENT WITH HARNETT COUNTY PALLET CONSULTANTS OF NORTH CAROLINA, INC. THAT WHEREAS, the City of Dunn ("City") has made economic development in City of Dunn a major priority in an effort to recruit new industry and businesses to the City, to replace displaced industry previously located in the City, to retain and/or expand current industry located in the City, to provide local job opportunities for citizens of the City, and to increase the City tax base; and WHEREAS, Pallet Consultants of North Carolina, Ino. ("PCNC") is a North Carolina corporation with its principal office located at 810 NW 13th Ave., Pompano Beach, Florida 33069; that PCNC has decided to locate a pallet manufacturing facility (the "Facility") which will be located at 2 Dinan Road, Dunn, NC 28334, with the intent to apply for the City's economic development incentives. PCNC will enter into a long-term lease of an approximate 4.01 acre tract of real property tract upon which is located an approximate 41,920 square feet industrial building which will be renovated and upfitted by PCNC into its Facility which is projected to become operational no later than December 2019. In developing this Facility in the City of Dunn, PCNC plans to invest $3,700,000 and create approximately fifty (50) full-time jobs; and WHEREAS, based upon PCNC's location of its pallet manufacturing Facility in the City of Dunn, the establishment of a direct investment tax base, and the creation of fifty (50) full-time jobs, the City is willing to appropriate certain economic incentives in the form of monetary grants to PCNC pursuant to the provisions of N.C. General Statutes §158-7.1 which allows cites to make appropriations for the purpose of aiding and encouraging the location and/or expansion of manufacturing enterprises and industrial and commercial facilities in the City; and WHEREAS, the City and PCNC have negotiated an economic development incentive package which includes incentives to be paid to PCNC in the form of a grant of a maximum eighty percent (80%) of City ad valorem taxes paid by PCNC over a five (5) year period, which said incentive payments or portions thereof are dependent on PCNC's performance of various incentive conditions including the creation and maintenance of fifty (50) full-time jobs that meet certain wage levels pursuant to a job creation five (5) year schedule. That an instrument entitled "Pallet Consultants of North Carolina, Inc. and City of Dunn, North Carolina Incentive Agreement" ("Incentive Agreement") which is attached to this Resolution as Exhibit A has been prepared for agreement between the parties to comply with the provisions of N.C. General Statutes § 158-7.1; that pursuant to N.C. General Statutes § 158-7.1(e) and a published Notice of Hearing, a public hearing was held on October 15, 2019 concerning the terms of the proposed Incentive Agreement; that subsequent to the close of said public hearing and after deliberations, it is the desire of the Dunn City Council to approve the appropriation of this Incentive Agreement with PCNC subject to those terms contained within said Agreement. NOW, THEREFORE, BE IT RESOLVED by the Dunn City Council that the Incentive Agreement attached hereto as Exhibit A between the City and PCNC is hereby approved, and that the proper officials of the City are hereby authorized to enter into the Incentive Agreement with PCNC. P) This the day of October, 2019. CITY OF DUNN By: ATTEST: Tammy Williams, Clerk Oscar N. Harris, Mayor EXHIBIT A PALLET CONSULTANTS OF NORTH CAROLINA, INC. and CITY OF DUNN, NORTH CAROLINA INCENTIVE AGREEMENT Dated as of October _, 2019 INCENTIVE AGREEMENT THIS INCENTIVE AGREEMENT is dated as of October , 2019 (as supplemented or amended, the "Agreement"), and is between PALLETT CONSULTANTS OF NORTH CAROLINA, INC., a North Carolina Corporation ("PCNC") and CITY OF DUNN, NORTH CAROLINA, a public body politic and a political subdivision of the State of North Carolina (the "City"), with each being referred to as a "Party", and both being referred to cumulatively as the "Parties". RECITALS: The purpose of this Agreement is to describe certain incentives to be provided by the City to PCNC in connection with the PCNC's location of a manufacturing facility in the City. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained in this Agreement, the parties hereby agree as follows: ARTICLE I DEFINITIONS• RULES OF CONSTRUCTION 1.01. Definitions. For all purposes of this Agreement, unless the context requires otherwise, the following terms shall have the following meanings: "Abandonment of Operations" means that for a period in excess of two (2) weeks PCNC's level of Full Time Employees or Direct Investment goes below twenty percent (20%) of the guaranteed minimum levels of Performance Commitments for Full Time Employees or projected amounts of Direct Investment. "Business Day" means any day that is not a Saturday or a Sunday, or a day on which banks in the State are required by law to be closed. "Change in Use" means any reduction in or diversion of use of the Facility which would not provide the guaranteed Performance Commitments of Full Time Employees, as set forth in Article 11 which are less than an Abandonment of Operations. "Closing Date" means the date on which this Agreement is first executed and delivered by the parties. "Direct Investments" means the original tax value of all building improvements and machinery and equipment placed by PCNC on the ad valorem tax rolls, regardless of the funding sources for said property. "Facility" means the manufacturing facility intended to be leased, renovated and occupied by PCNC on the site, as more particularly described in Exhibit A. 2 The number of "Full Time Employees" means the number of employees hired who will be paid on the basis of forty (40) hours per week or two thousand eighty hours (2080) per year, who are paid average wages of thirty eight thousand three hundred and sixty dollars ($38,360) per year, or eighteen dollars and forty four cents ($18.44) per hour, and who are provided health insurance coverage by PCNC with PCNC paying at least fifty percent (50%) of the premiums for such coverage. "Incentives" means the various incentive payments from all sources referred to in this Agreement to PCNC. "Perfonnance Commitments" means the levels of Full Time Employees to be hired by PCNC in relation to PCNC's operations in the Facility pursuant to Article II of this Agreement. "State" means the State of North Carolina. 1.02 Rules of Construction. Unless the context otherwise indicates: (a) Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include the feminine and neuter genders as well; (b) All references to Articles, Sections or Exhibits are references to Articles, Sections and Exhibits of this Agreement; (c) All references to officers are references to City officers; and (d) The headings and Table of Contents herein are solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meanings, construction or effect. ARTICLE II PCNC'S PERFORMANCE COMMITMENTS In return for the Incentives set forth herein, which are a competitive necessity for PCNC to choose to locate its Facility in the City, PCNC commits to certain Performance Commitments related to jobs created and incrementally increased taxes in the City. For the City to provide incentives to support the location of the Facility in the City there must be a competitive offer from another potential location for this Facility, and but for the provision of the incentives contemplated by this Agreement, PCNC would not locate its Facility in the City. Previous to the execution of this Agreement, PCNC has provided to the City evidence of a competitive alternative location for this Facility, which is satisfactory in the City's discretion. The Parties acknowledge and agree that the consideration for the City to enter into this Agreement is the expectation that PCNC will meet or exceed these Performance Commitments. Specifically, PCNC agrees to meet or exceed the following Performance Commitments: (a) PCNC will create and maintain in the Facility for the term of this Agreement, jobs for at least fifty (50) Full Time Employees, with this number of jobs being created in the following amounts no later than December 31 of each of the following years: 2020 29 2021 17 2022 0 2023 4 2024 0 Total Full time Employees 50 (b) PCNC agrees that the average wage level of all Full Time Employees in the Facility shall be no less than eighteen dollars and forty-four cents ($18.44) per hour. Benefits will be provided which will include, but not be limited to, PCNC providing health insurance coverage for its employees, with PCNC paying at least fifty (50%) of the cost for such coverage. (c) PCNC is expected to make and maintain initial Direct Investments in building leasehold renovations or construction and personal property equal to approximately three million seven hundred thousand dollars ($3,700,000), and the taxable property resulting from these Direct Investments shall remain in the City subject to ad valorem tax assessments for the full term of this Agreement. Direct Investments shall not include the current property tax valuations of the land and building in which the Facility will be located as those valuations are shown on the property tax records of the City as of the date of the date of this Agreement which is three hundred forty one thousand eight hundred and ninety dollars ($341,890). It is understood that Direct Investments will be made over a period of time on a phased basis from the date of this Agreement through December 31, 2024. PCNC's failure to make this anticipated level of Direct Investments, will not constitute a default under this Agreement, but the amounts of annual incentive grants will be affected based on the formula set forth in Section 3.01 of this Agreement. 4 Confirmations of PCNC's attainment as to Performance Commitments shall be as follows. The amount of Direct Investments shall be the amount of the tax value for the Facility real property leased by PCNC over the initial value of $341,890.00 and for all property owned by PCNC in the City as shown on the Business Real and Personal Property Tax Listings, for each year that new investments are made. The number of Full Time Employees and average wage level shall be determined by the data shown on filings of fourth quarter NCUI Form 101 with the N.C. Employment Security Commission as to unemployment compensation taxes. The City may in its discretion require other documentation to verify the attainment of these Performance Commitments. ARTICLE III CASH INCENTIVES 3.01 Economic Development Incentive Grants. The City commits to pay to PCNC grants in the future pursuant to its Economic Development Incentive Grant program. These future grants are estimated be in the total cumulative amount of seventy six thousand five hundred thirty four dollars ($76,534), based on current projections by PCNC of Direct Investments and Full Time Employees. But the total cumulative amount may vary if there is a Change in Use or Abandonment of Operations. The City shall pay to PCNC five annual installments of Incentives. The amount of each annual installment of Incentives shall be calculated as eighty percent (80%) of property taxes paid by PCNC attributable to its Direct Investments, unless such amount is reduced by a Change in Use attributable to a short fall in Full Time Employees, as set forth in Section 3.02 below. The above calculation of annual installments of Incentives is used for convenience and to assure that the City realizes a positive return on its investment in and inducement of this project and does not represent a refund of property taxes paid. The first annual installment of Incentives shall be paid in 2021 for PCNC's attainment of Performance Commitment as of December 31, 2020 for Full Time Employees and the amount as of January 1, 2021 for Direct Investments. Future annual installments of Incentives shall be paid in each of the next four (4) years. For each year when an annual incentive grant is to be paid for the previous year, PCNC will provide to the City no later than March 31 of that year a letter stating how many employees were on the payroll of PCNC and the amount of capital investments made by PCNC in improvements to the Facility and in personal property as of December 31 of the prior year. That letter will have as an attachment the NCUI Form 101 which was filed by PCNC for the fourth quarter of the previous year. Each annual installment of Incentives will be paid within thirty (30) days after PCNC has paid its property taxes for each grant year. 3.02 Reduction in Amounts of Grants. If a Change in Use occurs in any year of the term of this Agreement during which Incentives are being paid pursuant to Section 3.01 above whereby the number of Full Time Employees for the prior year (if applicable for that year) is less than the Performance Commitments, any annual installments of Incentives pursuant to Section 3.01 which are payable in that year shall be reduced. The amount of reduction of annual installments of Incentives grant shall be calculated as the same percentage by which there is a shortfall in Full Time Employees. For example, at the end of 2020, if PCNC is ten percent (10%) short in the number of Full Time Employees, then the amount of the annual installment of the Incentives grant for 2021 shall be reduced by ten percent (10%). 3.03 Abandonment of Operations. If in any year of the term of this Agreement PCNC has an Abandonment of Operations, the City shall have no further obligation to pay annual installments of Incentives for any year following an Abandonment of Operations. 3.04 Source of Funds. The Parties agree that the Incentives payments to be made by the City pursuant to this Article III may be paid from any fund source of the City's choosing which is not restricted as to the use of those funds. ARTICLE IV CONSTRUCTION OF FACILITY The Parties agree that construction of renovations to the Facility shall be solely PCNC's responsibility. PCNC shall cause the construction to be carried on in accordance with all applicable State and local laws and regulations. PCNC shall insure (1) that the Facility does not encroach upon nor overhang any easement or right-of-way and (2) that the Facility, when erected, will be wholly within any applicable building restriction lines, however established, and will not violate applicable use of other restrictions contained in prior conveyances or applicable protective covenants or restrictions. PCNC shall cause all utility lines, and streets serving the Facility, which are located within the metes and bounds of the site on which the Facility is located, to be completed in accordance with health department standards and other applicable regulations of any governmental agency having jurisdiction. PCNC shall pay all taxes and all charges for utility services furnished to or used on or in connection with the Facility. PCNC shall bear all risk of loss to and condemnation of the Facility. PCNC shall observe and comply promptly with all current and future orders of all courts and regulatory bodies having jurisdiction over the Facility or any portion thereof (or be diligently and in good faith contesting such orders), and all current and future requirements of all insurance companies writing policies covering the Facility or any portion thereof. ARTICLE V INDEMNIFICATION PCNC hereby agrees to indemnify, protect and save the City and its officers, directors and employees harmless from all liability, obligations, losses, claims, damages, actions, suits, proceedings, costs and expenses, including reasonable attorneys' fees, arising out of, connected with, or resulting directly or indirectly from the Facility or the transactions contemplated by or 6 relating to this Agreement, including without limitation, the possession, condition, construction or use thereof, insofar as such matters relate to events subject to the control of PCNC and not the City. The indemnification arising under this Article shall survive the Agreement's termination. ARTICLE VI TERMINATION OF AGREEMENT PCNC shall have the option of terminating this Agreement upon failure of the City, to make incentive payments, as provided for in Article III of this Agreement. The City shall have the option of terminating this Agreement upon an Abandonment of Operations by PCNC, which option shall be executed by giving written notice to PCNC. In any event, the above terms notwithstanding, this Agreement shall terminate at the end term of this Agreement, which is defined as the period of time from the date of this Agreement until the last annual installment of Incentives is paid pursuant to Section 3.01 of this Agreement. ARTICLE VII ADJUSTMENTS OF PERFORMANCE TARGETS The Parties to this Agreement agree that if PCNC determines in the future that it can significantly exceed the Performance Commitments of Direct Investment or of Pull Time Employees, but will need less than the Performance Commitments of the other measure, all parties will negotiate in good faith to amend the agreed upon Performance Commitments and formulations for reductions set forth in Article III of this Agreement. UOilMICy1101M%1_I_I TEMPORARY REDUCTIONS IN PERFORMANCE COMMITMENTS Notwithstanding anything herein to the contrary, if PCNC shall be prevented or delayed from fulfilling, or continuing to fulfill, either or both of the Performance Commitments as set forth in herein, by reason of a: (a) Government moratorium; (b) Delay in obtaining any governmental or quasi -governmental approvals, permits or certificates, despite reasonable efforts by PCNC to obtain same; (c) Enemy or hostile governmental or terrorist action; 7 (d) Act of God, including but not limited to hurricane, tornado, snowstorm, windstorm, earthquake or flood, fire or other extreme weather conditions or other casualty; (e) Strike, lockout or a labor dispute involving entities other than PCNC which causes PCNC an inability to obtain labor or materials; (f) Delay in funding from any state or local government incentive to or for the benefit of PCNC; or; (g) Any other event, other than normal business exigencies, which is beyond the reasonable control of PCNC. then the Performance Commitments for the year(s) in which such event occurred shall be equitably reduced to reflect the effect of such event. The Parties shall negotiate in good faith to make an equitable reduction in the Performance Commitments for an affected year(s). However, if the Parties cannot in good faith reach an agreement as to such adjustment, the Parties agree to submit this issue to binding arbitration on an expedited basis. ARTICLE IX ASSIGNMENTS No Party shall sell or assign any interest in or obligation under this Agreement without the prior express written consent of the due Party. Provided, however, that this Agreement may be assigned by PCNC to a wholly owned subsidiary of PCNC, without the consent of the City, provided that PCNC will guarantee the performance by the Subsidiary of the obligations due under this Agreement. ARTICLE X LIMITED OBLIGATION OF CITY NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED OR INTERPRETED AS CREATING A PLEDGE OF THE FAITH AND CREDIT OF THE CITY WITHIN THE MEANING OF ANY CONSTITUTIONAL DEBT LIMITATION. NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED OR INTERPRETED AS DELEGATING GOVERNMENTAL POWERS NOR AS A DONATION OR A LENDING OF THE CREDIT OF THE CITY WITHIN THE MEANING OF THE STATE CONSTITUTION. THIS AGREEMENT SHALL NOT DIRECTLY OR INDIRECTLY OR CONTINGENTLY OBLIGATE THE CITY TO MAKE ANY PAYMENTS BEYOND THOSE APPROPRIATED IN THE CITY'S SOLE DISCRETION FOR ANY FISCAL YEAR IN WHICH THIS AGREEMENT SHALL BE 8 IN EFFECT. NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED TO PLEDGE OR TO CREATE A LIEN ON ANY CLASS OR SOURCE OF THE CITY'S MONEYS, NOR SHALL ANY PROVISION OF THE AGREEMENT RESTRICT TO ANY EXTENT PROHIBITED BY LAW, ANY ACTION OR RIGHT OF ACTION ON THE PART OF ANY FUTURE CITY GOVERNING BODY. TO THE EXTENT OF ANY CONFLICT BETWEEN THIS ARTICLE AND ANY OTHER PROVISION OF THIS AGREEMENT, THIS ARTICLE SHALL TAKE PRIORITY. ARTICLE XI MISCELLANEOUS 11.01 Governing Law. The Parties intend that this Agreement shall be governed by the law of the State of North Carolina. 11.02 Notices. (a) Any communication required or permitted by this Agreement must be in writing except as expressly provided otherwise in this Agreement (b) Any communication shall be sufficiently given and deemed given when delivered by hand or five days after being mailed by first-class mail, postage prepaid, and addressed as follows: (1) If to the City, to: City Manager Dunn City Hall 401 East Broad Street P.O. Box 1065 Dunn, NC 28334 (2) If to PCNC, to: Kevin Gutierrez Pallet Consultants of North Carolina, Inc. 810 NW 13" Ave. Pompano Beach, Fl, 33069 (c) Any addressee may designate additional or different addresses for communications by notice given under this Section to the other. 11.03 Non -Business Days. If the date for making any payment or the last day for performance of any act or the exercising of any right shall not be a Business Day, such payment shall be made or act performed or right exercised on or before the next preceding Business Day. 46 11.04 Severability. If any provision of this Agreement shall be determined to be unenforceable, that shall not affect any other provision of this Agreement. 11.05. Entire A14reement, Amendments. This Agreement, including Exhibit A, which is incorporated herein and made a part hereof, constitutes the entire contract between the parties, and this Agreement shall not be changed except in writing signed by all the parties. 11.06. Binding Effect. Subject to the specific provisions of this Agreement, this Agreement shall be binding upon and inure to the benefit of and be enforceable by the Parties and their respective successors and assigns. 11.07. Time. Time is of the essence in this Agreement and each and all of its provisions. 11.08. Liability of Officers and Agents. No officer, agent or employee of the City or PCNC shall be subject to any personal liability or accountability by reason of the execution of this Agreement or any other documents related to the transactions contemplated hereby. Such officers, agents, or employees shall be deemed to execute such documents in their official capacities only, and not in their individual capacities. This Section shall not relieve any such officer, agent or employee from the performance of any official duty provided by law. 11.09. Counterparts. This Agreement may be executed in several counterparts, including separate counterparts. Each shall be an original, but all of them together constitute the same instrument. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed in their corporate names by their duly authorized officers, all as of the date first above written. 10 ATTEST: Tanury Williams, City Cleric This instrument has been preaudited in the manner required by The Local Government Budget and Fiscal Control Act Jim Roberts Finance Officer City of Dunn, North Carolina CITY OF DUNN NORTH CAROLINA 11 Oscar N. Harris, Mayor [SEAL] PALLETT CONSULTANTS OF NORTH CAROLINA, INC. 1.2 12 Gustavo Gutierrez, President EXHIBITS: A - Facility description 13 EXHIBIT A FACILITY DESCRIPTION The Facility is a current industrial building located at 2 Dinan Road, Dunn, NC 28334 which stands on a real property tract composed of 4.01 acres (City Parcel ID No. 0215160001). The building was initially constructed in 1979 and has approximately 41,920 square feet. The property has been purchased and is currently owned by 2 Dunn Realty, LLC, a North Carolina Limited Liability Company, pursuant to deeds recorded in Book 3734, Pages 961 and 964, Harnett City Registry. PCNC plans to enter into a long-term lease agreement with 2 Dunn Realty, LLC on the above described real property. PCNC intends to conduct renovations on the building in order to establish a pallet manufacturing facility. PCNC anticipates a capital investment of approximately $3.7 million for site renovations and the installation of manufacturing machinery, equipment, and fixtures. During the 5 year incentive period, 50 full time jobs with an average annual wage of $38,360.00 will be created as a result of the operation of this manufacturing facility. 14 ti� 1r? 7Rr _� 1r it 1r} LE'D-DUNNY City Council Agenda Form Meeting Date: October 15, 19 1989 * 2013 1989 * 2013 •. �•• • • r • • 1 1� • 1••, r Police Presenter: James 0. Roberts `, Finance Attachment: X Yes No I Description: Comparisons/Resolution Public Hearinq Advertisement Date: 10-2-2019 PURPOSE: The City requests the Council to secure two loans and grants from the United States Department of Agriculture (USDA), Rural Development, for the purchase of equipment for the Water and Sewer department, enterprise fund, and for the City of Dunn Departments of Public Works, Recreation, and Police Departments. The equipment included in these loans will be for: tractor, excavator, generator, two trucks, and a trailer for the Water Department. Equipment for the City includes: two mowers, leaf collection equipment, and a bunker and field rake. The vehicles purchased for the Police Department will also be included in the loan/grants from the USDA. BACKGROUND: The Budget process involved the listing and approval of equipment from all areas above, Public Works, Recreation, Police, and Water/Sewer Departments, to improve or replace existing equipment for use by the City and these departments. We have contacted local banks and compared rates and years of repayment and recommend the use of the USDA for the loans with potential grants for the Police Vehicles. The loan with the USDA will be a fixed rate of 3% for 7 years for the Police vehicles, All other equipment and trucks for Water/Sewer and City equipment will be included in the second loan with the USDA at a fixed rate of 3% for a term of ten (10) years. The total funding for these loans combined is approximately $475,000 and repayments will be made through funds available within our current budget. BUDGET IMPACT: The total loans combined will be approximately $475,000 with a repayment of $55,643 per year for the first seven years and then $36,616 for the next three years. This payment is within our budget appropriations and will be funded through our current income and expense budget process. RECOMMENDATION/ACTION REQUESTED: Motion to approve the resolution agreeing to apply for financial assistance from USDA for a loan/grant in the amount of $475,000 il I city of conn POST OFFICE BOX 1065 . DUNN, NORTH CAROLINA 25335 (910) 230-3500 . FAX (910) 230-3590 www.dunn-nc.org Mayor Oscar N. Harris Mayor Pro Tem Frank McLean Council Members Buddy Maness Dr. Gwen McNeill Billy Tart Chuck Turnage Dr. David L. Bradham City Manager Steven Neuschafer A RESOLUTION BY THE CITY OF DUNN AGREEING TO APPLY FOR FINANCIAL ASSISTANCE FROM USDA WHEREAS, the governing body of the City of Dunn desires to apply for a loan/grant in the amount of $475,000 for the purchase of Police Vehicles, Public Works, Park and Recreation equipment, and Water/Sewer vehicles and equipment. WHEREAS, the governing body of the City of Dunn authorizes the Mayor and the City Manager to sign all documents relating to the USDA Rural Development loan and/or grant. THEREFORE BE IT RESOLVED this Resolution will become part of the official minutes of the City Council meeting held on October 15, 2019. ADOPTED BY THE CITY COUNCIL OF DUNN THIS 15t1i DAY OF OCTOBER, 2019. (SEAL) Oscar N. Harris, Mayor ATTEST: Tammy Williams, City Clerk DUNN All -America Gity t 1 Wx1i'60re 1999 *2413 DUN *,*** DUNN All -America CIN it, .1 da�n All -America City Council Agenda Meeting Date: October 15, 2019 1989 * 2013 1989 * 201 SUBJECT TITLE: Ordinance Amendment OA -01.19 ; Section 18 of the Code of Ordinances Presenter: Chief Building Inspector Steven King Department: Planning & Inspections Attachment: ■Yes ❑ No I Description: Text Amendment for Code of Ordinances October 4th and October 8th, 2019 PURPOSE: This is a request to hereby amend Section 18 of the Code of Ordinances to amend Solid Waste Management per general statue requirements. 11TA:(c11Zd1101a As with all of the text amendments the underlined is new text. The ordinance is being amended due to include additional definitions and revisions to height requirements of weeds, vegetation, grasses or bushes, etc. A representative from City Attorney Tilghman Pope's office has reviewed the ordinance as presented. BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: ADOPT the amended Chapter 18 of the Code of Ordinances to include additional definitions and revisions to height requirements of weeds vegetation grasses or bushes etc. 02019 - (OA -01-19) Attachment N_ Adopted: 10-15-19 The City of Dunn Code of Ordinances is hereby amended by revising Section 18, Solid Waste Management Sec. 18-1. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Building material means lumber, brick, stone, dirt, carpet, plumbing materials, plaster, concrete, floor coverings, pool liners, roofing materials, gutters, and other materials or substances accumulated as a result of new construction, repairs, remodeling, or additions to existing structures or accessory structures, or demolition of such. Bulk trash means items too large to fit in a city -issued roll-out container, such as large household furnishings, mattresses, box springs, dismantled swing sets with concrete removed, clothes line poles with concrete removed, lawn equipment, mowers, wheelbarrows, and similar large household items. Bulk yard waste means any un -containerized yard waste as defined in this section that is longer than three (3) feet in length or greater than five (5) inches in diameter or greater than seventy-five (75) pounds in weight. Chronic violator means a person who owns property whereupon, in the previous calendar year, the city gave notice of violation at least three (3) times under the provisions of sections 18-3, 18-39, 18-42. Collector means the city, or the employees or agents of the city who are engaged in the collection or transportation of rubbish, garbage, or solid waste in any part of the city. Garbage means any accumulation of animal or vegetable foodstuff that attends the preparation, consumption, dealing in, or storage of meats, fish, fowl, fruit, or vegetables, including the cans, containers, or wrappers. Noxious weeds means an invasive species of a plant that has been designated by country, state, municipality or National Agricultural Authorities as one that is injurious to agricultural and/or horticultural crops, natural habitats and/or ecosystems, and/or humans or livestock or that creates a public nuisance. Such weeds shall include but not limited to Bamboos, Kudzu, and the North Carolina State -listed noxious weeds as defined by the North Carolina Department of Agriculture, and as designated by the city. Recyclahles means items included in local approved recycling programs that includes, but not limited to, selected glass, newsprint, and accompanying inserts, magazines, aluminum, cardboard and other items determined to be recycled by the public works director. Refuse means the accumulation of any solid waste. Rubbish means printed matter, paper, paperboard, pasteboard, boxes, rags, straw, and all other combustible material not included under the term "garbage." Solid waste means accumulations consisting of garbage, refuse, rubbish, bulk trash, yard waste, building materials, bulk yard waste, and recyclables. Unsafe tree means a tree that meets one of the following criteria: (1) A combination of a structural defect and a target. • A structural defect which predisposes the tree to failure; i.e., dead tree, trunk decay, dead branches V -crotches; and • A target such as a structure, road, walkway, campsite or other area where property exists or people reside. In urban areas, target areas are almost always in close proximitV to trees; or (2) Yard waste means grass, weeds, leaves, tree trimmings, plants, shrubbery, pruning's, and such other similar materials which are generated in the maintenance of yards and gardens, and which are collected separately from other solid waste materials, and placed in a city -issued "yard waste" roll-out container for collection. (Code 1974, § 10-1; Ord. No. 02013-10, 11-12-13; Ord. No. 02016-06, 6-14-16) Cross reference— Definitions and rules of construction generally, --§ 1-2. • Sec. 18-2. - Uncontrolled growth, accumulation—Prohibited. (a) It shall be unlawful for any person owning, occupying or having in his possession or under his control any lot or parcel of land in the city to permit to exist on such lot or parcel of land any uncontrolled growth of noxious weeds, vegetation, grasses or bushes to a height in excess of+welve+" eight (8) inches or any accumulation of junk, brush, trash, rubbish or receptacles which may cause or threaten to cause infestation by rats, mice, snakes, or vermin of any kind, which constitutes a fire hazard, or which, in any other way, is noxious, dangerous, detrimental and prejudicial to the public health or safety. This section shall not apply to planted and cultivated flowers, shrubbery, vegetables, crops, or to public areas maintained as natural habitats or environs such as parks, nature trails, or greenways. (b) It shall be unlawful for any person owning, occupying or having in his possession or under his control any wooded or undeveloped lot or undeveloped parcel of lands less than one (1) acre in size in the city to permit to exist on such lot or parcel of land any uncontrolled growth of noxious weeds, vegetation, grasses or bushes to a height in excess of h•t ) eight 8 inches or any accumulation of junk, brush, trash, rubbish or receptacles which may cause or threaten to cause infestation by rats, mice, snakes, or vermin of any kind, which constitutes a fire hazard, or which, in any other way, is noxious, dangerous, detrimental and prejudicial to the public health or safety. This section shall not apply to planted and cultivated flowers, shrubbery, vegetables, crops, or to public areas maintained as natural habitats or environs such as parks, nature trails, or greenways. (c) jurisdiction. (d) It shall be unlawful for ai under his control any lo' parcel of land any unsai of the following criteria: (1) A combination A target such as a structure, road, walkway, campsite or other area where property exists or people reside. In urban areas, target areas are almost always in close proximity to trees; or (2) A tree that is otherwise structurallV sound but which interferes with the routine activities of people. Interferences include obstructions, sight distance problems for motorists, buckling of sidewalks, attracting lightning, or interference with utilities. (e) It shall be unlawful for any person owning, occupying or having in his possession or under his control any lot or parcel of land in the city regardless of acreage to permit to exist on such lot or parcel of land dead trees that have fallen to the ground or are uprooted and leaning precariously and appear about to fall. (f) Dead and unsafe trees must be removed in their entirety from the property and properly disposed of or, if to be used for firewood, must be cut to a size appropriate to a fireplace, wood burning stove, or fire pit and stacked accordingly. (Code 1974, § 10-2; Ord. No. 1996.007, 8-1-96; Ord, No. 02013-10, 11-12-13) State Law reference— Municipal authority to abate nuisances, G.S. 160A-193. Sec. 18-3. - Same—Notice of violation; remedies. a. Notice of violation. Whenever the city manager or his duly authorized representative, the city public works director or his duly authorized agent, or the city inspector shall determine or verify that there exists on any lot or parcel of land in the city any of the conditions as enumerated in section 18-2, such officer, agent, or inspector shall give the owner, occupant, or person having such lot under his control written notice thereof. Notice shall be deemed sufficient if given by personal service or written notice or service by registered or certified mail to such person at his last known address. If the address of the owner, occupant or person having such lot under his control cannot be reasonably determined or if service is refused, a copy of the notice shall be posted on the property and service shall be posted on the property and service shall be complete at the time of posting. Except as provided below, the person so served shall have seven (7) days from the date of such service in which to effect remedial action or the city shall cause such remedial action to be effected as enumerated in subsection (b). In the case of service by posting, the person so served shall have ten (10) days in which to effect remedial action. b. Remedies; lien. If, following notice of the existence of any condition, described in this section, the owner, occupant or person having the lot under his control has failed to cause the removal or abatement of such condition, the city shall forthwith cause such condition to be removed, abated, or remedied. The fee structure for abatement violations shall be set by the city council and be maintained in the city clerk's office. All costs and expenses associated with the removal or abatement of the condition shall become a lien upon the affected property. (Code 1974, § 10-3; Ord. No. 1996.007, 8-1-96; Ord. No. 02013-10, 11-12-13; Ord. No. 02016-06, 6-14-16) Sec. 18-39. - Residences. (a) The occupant of any house, apartment or part of a house used as a separate place of abode shall cause all solid waste collected there or arising from its use to be placed in a city -issued container or dumpster. (b) Residential container shall be a city -issued container. (c) Should a city -issued container become damaged, destroyed, or lost, they shall be replaced with a city -approved container at the expense of the occupant and/or property owner. (d) Occupants shall take every opportunity to maintain and properly store their city -issued container. (e) Any person desiring to place yard waste for collection shall place such materials into the city -issued yard waste container. No bulk yard waste; yard waste, larger than five (5) inches in diameter, longer than three (3) feet or heavier than seventy-five (75) pounds, shall be collected by the city. (f) Residential containers should be placed in an approved location on the morning of scheduled pickup, or not earlier than the evening prior to scheduled pickup. The residential containers should be removed from the street within twenty-four (24) hours of the scheduled pickup. (g) It shall be the responsibility of the owner or occupant to replace solid waste in turned -over containers; it is not the responsibility of the collectors. (h) Bulk trash such as worn out furniture, stoves, etc., may be collected by the city, by - appointment only if placed to and behind the front curb line or ditch line subject to an additional collection fee imposed by the city to -defray landfill tipping costs. No more than three (3) items will be collected by the city per week. The extent of such city collection service shall not include major deposits of unwanted or abandoned furniture, appliances or other household incidentals or construction materials resulting from property owners cleaning out owner -occupied, rental or lease properties or from major internal or external renovations or modifications to their properties will not be picked up by the city. (Code 1974, § 10-10; Mo. of 9-7-89(1); Ord. No. 1996.005, 7-11-96; Ord. No. 02013-10, 11-12-13; Ord. No. 02016-06, 6-14-16) Sec. 18-42. - Improperly prepared refuse; notice; abatement. (a) Refuse not prepared for pickup in accordance with the regulations, policies and procedures described in this article will not be collected by the public works department or designee. In such instances, a notice will be left on the refuse article or on the door of the affected residence stating the reason for noncollection and advising the resident of necessary action to be taken to qualify for collection. (b) An owner's or occupant's failure to remove uncollected refuse within forty-eight (48) hours of the time of notice will result in the issuance of a civil citation by the city. If removal of uncollected refuse is not accomplished within twenty-four (24) hours of issuance of the citation, an assessment of ten dollars ($10.00) per day will be made against the owner for each day the violation continues to exist. If, after seven (7) days, the condition has not been remedied or abated, the city shall forthwith cause such condition to be removed, abated or remedied, and all costs and expenses thereof including costs of court and daily assessments shall be the subject of a civil action by the city against the violating party. In those instances where an owner, lessee, occupant or agent of or for any real property has violated the same provision or provisions of this article more than three (3) times within a calendar year, and such violations resulted in the posting of a notice of violations as herein provided, the city or its designated officer shall have the authority, without further notice, to assess a civil penalty of fifty dollars ($50.00) against the offending owner, lessee, occupant of or agent for the property for each subsequent or continuing violation or violations, which civil penalty shall be added to the penalty being sought in any pending civil action against the owner, lessee, occupant or agent prior to continuing violations of this article. In lieu thereof, the penalty of fifty dollars ($50.00) may be assessed, together with the expense of removing, abating or remedying the violating condition, as a lien against the subject real property.1 -added to the city tax rofl-and-ealleeted a&=and in the ..-anne" p1ro-vided for un des. (c) If the assessment and expense of removing, abating or remedying the condition described in this section is not paid within thirty (30) days of the demand or entry of judgment, the costs and expenses, including inspection and administrative costs, of the removal, abatement or remedy of any nuisance under the provisions of this article shall become a lien upon the affected property. (d) The city manager or his designee shall investigate any condition requiring interpretation of the provisions of this section and his decision shall be final. (Ord. No. 1996.005, 7-11-96; Ord. No. 02013-10, 11-12-13; Ord. No. 02016-06, 6-14-16) 1-4 � W---- D 0- t N1- " N' b3&d All -America City ,it, 'J d.aa All-Amepica CiW R a 1 Agenda z � r g � 1 1989 * 2013 Meeting i Date:October ■ �. / 1999 1 SUBJECT TITLE: Consideration of • to Demolish House0• 1 1516-87-9495.000 Presenter: Chief 8uilding Inspector Steven King, Department: Planning and Inspections Description: Ordinance to Demolish n Property mYes ■ No Property Picturesof •• Public Hearing Advertisement Date: 10/01/19 and 10/08/19 PURPOSE: Chief Building Inspector Steven King has conducted an inspection at 404 E. Townsend St. and based upon his observations, the structure is unsafe and has been condemned in accordance with G.S. §160A-426. The Chief Building Inspector also found the dwelling dangerous or prejudicial to the public health or public safety and is a nuisance in violation of G.S. §160A-193. The owner of the property has failed to comply with the Building Inspector's order and according to N.C.G.S. § 160A-432, the City Council has the power to proceed with the demolition of this property. Should Council decide to proceed with the demolition of the dwelling at 404 E. Townsend St., an ordinance (which is attached) would need approval directing the Chief Building Inspector to remove or demolish said structure. BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Motion to adopt the ordinance directing the Building Inspector to proceed with the demolition of the dwelling located at 404 E. Townsend St. (PIN #: 1516-87-9495.000) ® north Carolina UNN city of duan POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3500 • FAX (910) 230-3590 www.dunn-nc.org Mayor Oscar N. Harris Mayor Pro Tem Frank McLean Council Members Buddy Maness Dr. Gwen McNeill Billy Tart Chuck Turnage Dr. David L. Bradham 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 July 22nd, 2019, the Chief Building Inspector for the City of Dunn sent a notice to Hoyle Properties, the owner(s) of record of structure located at 404 E. Townsend 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 was thereby condemned, pursuant to North Carolina General Statute §160A-426, and noticed the property owner of a hearing on July 30t", 2019 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 July 30th, 2019 a hearing was conducted by the Chief Building Inspector Steven King, 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 thirty (30) days of the date of such Order, being September 6`t', 2019; and DUNN bcftd All -America CIN 1 mere COMMUni matfers EM * 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 October 1", 2019 and October 8th, 2019, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on October 15th, 2019 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 7th, 2019 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 structure at the following address: 404 E. Townsend St. Dunn, NC 28334 PIN #: 1516-87-9495.000 PARCEL ID #: 02151608310004 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 7th day of August, 2019 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 15`1' day of October, 2019. Oscar N. Harris, Mayor Attest: Tammy Williams City Clerk -�' ' north Carolina UNN City of dunn PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3505 - FAX (910) 230-9005 www.dunn-nc.org PROPERTY HISTORY: 404 E. Townsend St. (PIN #: 1516-87-9495.000) Owner: Hoyle Properties P.O. Box 326 Dunn, NC 28335 Overview: Mayor Oscar N. Harris Mayor Pro Tem Frank McLean Council Members Buddy Maness Dr. Gwen McNeill Billy Tari Chuck Turnage Dr. David L Bradham City Manager Steven Neuschafer July 2211, 2019 — Property condemned due to extensive fire damage sustained to the dwelling. Condemnation and Hearing Notice sent to owner on record with Harnett County GIS, Hoyle Properties. July 30t", 2019 — Hearing held at the Planning and Inspections Department. No one attended the hearing but Bany Hoyle called me a few days later in which we discussed the condemnation process. August 71h, 2019 — Order after Condemned Hearing notice allowing thirty (30) days for repairs or demolition of property sent to owner. Appeal letter sent with this notice informing Hoyle Properties of appeal process if they desired to do so. August 17th, 2019 — Ten (10) day time period for appeal expires. August 19th, 2019 — Letter received from Barry Hoyle via US Mail stating he was in litigation with the insurance company and was requesting more time before demolishing for the insurance company to settle. This letter did not meet the appeal requirements outlined in N.C.G.S. §160A-130 so therefore did not get processed as an official appeal letter. (Attached) September 611, 2019 — Allowed time period of thirty (30) days expires. October 2nd, 2019 — Site inspection performed and updated pictures taken. Property has deteriorated even more since the Condemnation process was started. The yard has been cleaned of debris and the grass was within regulations of the City of Dunn Code of Ordinances. October 4, 2019 — Spoke to Barry Hoyle via telephone and he informed me that he was still in litigation with the insurance company. He and his attorney were working on settling with them hopefully before the Council Meeting. He also stated that he is willing to donate lot to City if we incur demo fees. October 15th, 2019 — Scheduled for City Council Meeting. 8-16-19 NZIEP1119 Steven King Chief Building Inspector P.O, Box 1065 Dunn NC 28335 Re: Condemned Structure at 404 E. Townsend St, Dunn NC Dear Mr. King: I am responding to your letter of August 7, 2019 concerning the above referenced property. I accept that the property needs to be demolished. I would like to request that you give me a little more time to complete the demolition. I am In litigation with an insurance company concerning the coverage on the house. There Is a dispute, or may be, that the home was not eligible for "replacement coverage". One of the factors Is the condition of the roof. I had just put a new roof on the home following the hurricanes that came through Dunn. I need to preserve the house until an inspection can be done by the opposing party to confirm that the roof was new. I do not anticipate that this will take long. Another factor is the heating system. There was no central system, but I had just engaged Carolina Gas to put in two brand new gas heaters last fall. I would like the opposing party to be able to verify those units were there should they not accept my Invoices or the affidavit of Dillon Tart, proprietor of Carolina Gas, I did not attend the hearing about the house as I do not go to the Post Office in Dunn very often. By the time I picked up the notice of hearing, the hearing date had passed. As stated above, I do not dispute the building needs to be demolished. I do not want you to think that I simply Ignored the notice. The trash in and around the property has been picked up, I will make sure the grass is maintained pending the resolution of the Insurance dispute. With highest regards, 4F Barry Hoyle Hoyle Properties LLC Mav 29". 2019 October 2nd. 2019 �- Harnett COUNTY 1!08111 6A1101.111A %cfeage: 3.000 LT ac ,d Acreage: 0.25 ec Number: 1400021905 Print this page. Property Description: LTSH89-91 TOWNSEND PROP 25X150 EACH 404 E TOWNSEND ST DUNN, NC 28334 NN. NC, 28334..... Count:! p Code: 02 District: Dunn Averasbom ullding Value; $30920 ulbuliding Value: $200 and Value: $7500 peclal Land Value: $0 us:$38620 elerred Value ; $0 &eased Value: $38820 Harnett County GIS Neighborhood: 00202 Actual Year Built:1920 TolalAcutalAreaHeatad; 1442Sq/Ft Sale Month and Year. 3/ 2008 Sale Price: $30000 Deed Book & Page: 2204-0221 Deed Date: 2005/03/27 Plat Book & Page: - Instrument Type: WD Vacant or Improved: QuallBedCode: Y Transfer or Split: T Within 1ml of Agriculture District: No Prior Building Value: $37480 Prior Outbuilding Value : $200 Prior Land Value : $7500 Prior Special Land Value : $0 Prior Deferred Value : $0 Prior Assessed Value 1$45180 " Eft Q Agenda1111ir City/ Council Form I Meeting Date: October 15, 2019 1111. 1989 * 2013 1989 * 2013 SUBJECT TITLE: Consideration of Ordinance to Demolish House — 704 E. Divine St. PIN #: 1516-75-7246.000 Presenter: Chief Building Inspector Steven King Department: Planning and Inspections Description: Ordinance to Demolish Property Attachment; mYes ❑ No Property History Pictures of Property Public Hearing Advertisement Date: 10/01/19 and 10/08/19 PURPOSE: Chief Building Inspector Steven King has conducted an inspection at 704 E. Divine St. and based upon his observations, the structure is unsafe and has been condemned in accordance with G.S. §160A-426. The Chief Building Inspector also found the dwelling dangerous or prejudicial to the public health or public safety and is a nuisance in violation of G.S. §160A-193. The owner of the property has failed to comply with the Building Inspector's order and according to N.C.G.S. § 160A-432, the City Council has the power to proceed with the demolition of this property. Should Council decide to proceed with the demolition of the dwelling at 704 E. Divine St., an ordinance (which is attached) would need approval directing the Chief Building Inspector to remove or demolish said structure. BACKGROUND: BUDGET IMPACT: RECOMMENDATIONIACTION REQUESTED: Motion to adopt the ordinance directing the Building Inspector to proceed with the demolition of the dwelling located at 704 E. Divine St. (PIN #: 1516-75-7246.000) city of duan POST OFFICE BOX 1065 o DUNN, NORTH CAROLINA 28335 (910) 230-3500 • FAX (910) 230-3590 www.dunn-nc.org Mayor Oscar N. Harris Mayor Pro Tem Frank McLean Council Members Buddy Maness Dr. Gwen McNeill Billy "Cart Clmck'Curnage Dr. David L. Bradham 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 7"', 2019, the Chief Building Inspector for the City of Dunn sent a notice to Rosa Lee Coxum C/O Delores Thompson, the owner(s) of record of structure located at 704 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 was thereby condemned, pursuant to North Carolina General Statute §160A-426, and noticed the property owner of a hearing on August 14lh, 2019 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 August 14"i, 2019 a hearing was conducted by the Chief Building Inspector Steven King, 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 thirty (30) days of the date of such Order, being August 29, 2019; and DUNN AIIAjft City 1 M/rere co-xmt!�y matters IM*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 October 1St, 2019 and October 81h, 2019, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on October 15th, 2019 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 29th, 2019 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 structure at the following address: 704 E. Divine St. Dunn, NC 28334 PIN #:1516-75-7246.000 PARCEL ID #: 02151612100011 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 29th day of August, 2019 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 15°i day of October, 2019. Oscar N. Harris, Mayor Attest: Tammy Williams City Clerk north carolina LwL)UNN city of dunn PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3505 > FAX (910) 230-9005 www.dunn-nc.org PROPERTY HISTORY: 704 E. Divine St. (PIN#: 1516-75-7246.000) Owner: Rosa Lee Coxum C/O Delores Thompson P.O. Box 1881 Dunn, NC 28335 Overview: Mayor Oscar N. Harris Mayor Pro Tem Frank McLean Council Members Buddy Maness Dr. Gwen McNeill Billy Tart Chuck Turnage Dr. David L Bradham City Manager Steven Neuschafer August 7", 2019 — Property condemned due to extensive fire damage sustained to the dwelling. Condemnation and Hearing Notice sent to owner on record with Harnett County GIS, Rosa Lee Coxum C/O Delores Thompson. August 14th, 2019 — Hearing held at the Planning and Inspections Department. Attending the hearing was Joseph Coxum, Ramsey Coxum, Johnny Coxum, Marie Vinston, Alfonza Thompson, Kirsten Malloy, and Steven King. August 29", 2019 — Order after Condemned Hearing notice allowing thirty (30) days for repairs or demolition of property sent to owner as well as Joseph Coxum, Marie Vinston, Alfonza Thompson, and Willie Coxum III. Appeal letter sent with this notice informing all parties of appeal process if they desired to do so. September 8111, 2019 — Ten (10) day time period for appeal expires. September 28t', 2019 — Allowed time period of thirty (30) days expires. September 301", 2019 — Site inspection performed and updated pictures taken. Property has deteriorated even more since the Condemnation process was started. October 15111, 2019 — Scheduled for City Council Meeting. 71dcG waftrs 704 E.. Divine . June 6t", 2019 September 30th, 2019 Harnett C O U N T Y NOHi"I I:A R01. L'b1 02151612100011 1516-75-7246.000 ):0028769 Acreage: 1.000 LT ac ed Acreage: 0.17 ac Number. 217328000 COXUM WILLIAM & COXUM ROSA LEE Print thin page,.. Property Description: LT#21 HARPER PROP SID 50X150 Address: 704 EAST DIVINE STREET DUNN, NC 28334-0000 terty Address: 704 E DIVINE ST DUNN, NC 28334 Slate, Zip: DUNN, NC, 28334 ling Count: 1 nship Code: 02 Tax District: Dunn Averasboro Parcel Building Value: $51480 Parcel Outbuilding Value: $1300 Parcel Land Value: $7500 Parcel Special Land Value : $0 Total Value : $60280 Parcel Deferred Value : $0 Total Assessed Value: $60280 Harnett County GIS Neighborhood: 00212 Actual Year Built: 1930 TolalAcutalAreafleated: 1424 Sq/Ft Sale Month and Year: 9 / 1997 Sale Price: $28500 Deed Book & Page: 1227-0540 Deed Dale: 1997/09/23 Plat Book & Page: - Instrument Type: WD Vacant or Improved: QualifiedCode: Transfer or Split: Within 1ml of Agriculture District: No Prior Building Value: $48360 Prior Outbuilding Value: $1300 Prior Land Value : $7500 Prior Special Land Value : $0 Prior Deferred Value : $0 Prior Assessed Value : $57160 UNN ® _ DLINN blftd �� All -America Clq (, r v of d Ll l ,n All-Amsrlca Clt 1 I City/ Council Agenda Form 1 I ® Meeting Dates October 15, 2019 1111. 19897 2013 1989 * 2013 SUBJECT TITLE: Consideration of Ordinance to Demolish House — 309 E. Harnett St. PIN #:1516-77-5457.000 Presenter: Chief Building Inspector Steven King Department: Planning and Inspections Description: Ordinance to Demolish Property Attachment: ®Yes ❑ No Property History Pictures of Property Public Hearing Advertisement Date: 10/01/19 and 10/08/19 PURPOSE: Chief Building Inspector Steven King has conducted an inspection at 309 E. Harnett St. and based upon his observations, the structure is unsafe and has been condemned in accordance with G.S. §160A-426. The Chief Building Inspector also found the dwelling dangerous or prejudicial to the public health or public safety and is a nuisance in violation of G,S. §160A-193. The owner of the property has failed to comply with the Building Inspector's order and according to N.C.G.S. § 160A-432, the City Council has the power to proceed with the demolition of this property. Should Council decide to proceed with the demolition of the dwelling at 309 E. Harnett St., an ordinance (which is attached) would need approval directing the Chief Building Inspector to remove or demolish said structure. BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Motion to adopt the ordinance directing the Building Inspector to proceed with the demolition of the dwelling located at 309 E. Harnett St. (PIN #: 1516-77-5457.000) d S a city of dune POST OFFICE BOX 1065 a DUNN, NORTH CAROLINA 28335 (910) 230-3500 o FAX (910) 230-3590 www.dunn-nc.org Mayor Oscar N. Harris Mayor Pro Tem Frank McLean Council Members Buddy Maness Dr. Gwen McNeill Billy Tart Chuck Tannage Dr. David L. Bradham 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 May 14t1i, 2019, the Chief Building Inspector for the City of Dunn sent a notice to Will Covington, the owner(s) of record of structure located at 309 E. Harnett 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 was thereby condemned, pursuant to North Carolina General Statute §160A-426, and noticed the property owner of a hearing on May 24t1i, 2019 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 May 24th, 2019 a hearing was conducted by the Chief Building Inspector Steven King, 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 August 30th, 2019; and DUNN All -America City � 1r wxere CB772illim wza&ers II 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 October 1st, 2019 and October 8t11, 2019, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on October 15"', 2019 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 July 2"a 2019 and the owner has failed to comply with this order; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Duni, 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 structure at the following address: 309 E. Harnett St. Dunn, NC 28334 PIN #: 1516-77-5457.000 PARCEL ID #: 02151608110002 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 2"d day of July, 2019 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 15"' day of October, 2019. Oscar N. Harris, Mayor Attest: Tammy Williams City Clerk north caroling L)UNN city of dunn PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 25335 (910) 230-3505 a FAX (910) 230-9005 www.dunn-nc.org PROPERTY HISTORY: 309 E. Harnett St. (PIN #: 1516-77-5457.000) Owner: Will Covington 3771 Ramsey St. Suite 109-211 Fayetteville, NC 28311 Overview: Mayor Oscar N. Itarris Mayor Pro Tem Frank McLean Council Members Buddy Maness Dr, Gwen McNeill Billy Tart Chuck Turnage Dr. David L Bradham City Manager Steven Neuschafer May 1411, 2019 — Property condemned due to incompletion of work and length of time since expiration of building permit. Condemnation and Hearing Notice sent to owner on record with Harnett County GIS, Will Covington. May 24", 2019 — Healing held at the Planning and Inspections Department. No one attended the hearing. July 211, 2019 — Order after Condemned Hearing notice allowing sixty (60) days for repairs or demolition of property sent to owner. Appeal letter sent with this notice informing Will Covington of appeal process if they desired to do so. July 12t1, 2019 — Ten (10) day time period for appeal expires. August 3011, 2019 — Allowed time period of sixty (60) days expires. October Ill, 2019 — Site inspection performed and updated pictures taken. Property has deteriorated even more since the Condemnation process was started. The grass has been mowed by the City five (5) times for the year of 2019. October 15t", 2019 — Scheduled for City Council Meeting. May IV, 2019 September 30th, 2019 Harnett COU N T Y nOktll U,ROLIlIA 02151608110002 0021733 Acreage: 1.000 LT no ed Acreage: 0.16 so I Number: 1500017456 Print Ihlspage Property Description: 1 LOT 309 E HARNETT ST 45X160 :3771 RAMSEY ST STE 109.211 FAYETTEVILLE, NC 28311 arty Address: 309 E HARNETT ST DUNN,'NC 28334 Slate, Zip: DUNN, NC, 28334 iship Code: 02 Tex District: Dunn Avemsbom Parcel Building Value: $0 Parcel outbuilding Value : $0 Parcel Land Value; $5000 Parcel Special Land Value : $0 Total Value : $6000 Parcel Deferred Value I $0 Total Assessed Value 1$5000 Harnett County GIS Neighborhood: 00202 Actual Year Built: TotelAculalArealleated: SgIFI Sale Month and Year: 10/2016 Sale Price: $0 Deed Book S Page: 3352-0136 Deed Dale: 2016110/30 Plat Book S Page: - Instrument Type: OC Vacant or improved: quallfledCode: E Transfer or split: T Wllhln 1ml of Agriculture District: No Prior Building Value: $0 Prior Oulbultding Value; $0 Prior Land Value ; $1000 Prior Special Land Value : $0 Prior Deferred Value ; $0 Prior Assessed Value; $1000 -J U N N City, Council Agenda W D SUBJECT TITLE: Consideration of Ordinance to Demolish House —123 Spring Branch Rd. PIN #:1516-74-5282.000 Presenter: Chief Building Inspector Steven Kin Department: Planning and Inspections Description: OrdinanFEE sh PropertyAttachment: Yes ❑ No PropertPicture Public Hearing Advertisement Date: 10/01/19 and 10/08/19 Chief Building Inspector Steven King has conducted an inspection at 123 Spring Branch Rd. and based upon his observations, the structure is unsafe and has been condemned in accordance with G.S. §160A-426. The Chief Building Inspector also found the dwelling dangerous or prejudicial to the public health or public safety and is a nuisance in violation of G.S. §160A-193. The owner of the property has failed to comply with the Building Inspector's order and according to N.C.G.S. § 160A-432, the City Council has the power to proceed with the demolition of this property. Should Council decide to proceed with the demolition of the dwelling at 123 Spring Branch Rd. an ordinance (which is attached) would need approval directing the Chief Building Inspector to remove or demolish said structure, BACKGROUND: BUDGET IMPACT: RECOMMENDATIONIACTION REQUESTED: Motion to adopt the ordinance directing the Building Inspector to proceed with the demolition of the dwelling located at 123 Spring Branch Rd. (PIN #:1516-74-5282.000) y city of duan POST OFFICE BOX 1065 > DUNN, NORTH CAROLINA 28335 (910) 230-3500 • FAX (910) 230-3590 www.dunn-nc.org Mayor Oscar N. Harris Mayor Pro Tem Frank Mel,can Council Members Buddy Maness Dr. Gwen McNeill Billy Tart Chuck Turnage Dr. David L. Bradham 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 March 20t1', 2019, the Chief Building Inspector for the City of Dunn sent a notice to Stacey Harper and Ridge Keith, the owner(s) of record of structure located at 123 Spring Branch Rd. noting that the structure was in a condition that constitutes a fire and safety hazard, and is dangerous to life, health and property and was thereby condemned, pursuant to North Carolina General Statute §160A-426, and noticed the property owner of a hearing on March 29th, 2019 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 March 29th, 2019 a hearing was conducted by the Chief Building Inspector Steven King, 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 thirty (30) days of the date of such Order, being September 5th, 2019; and DUNK All -America City { 1 2��re CMMffqT maffers 1989*2013 WHEREAS, the owner of the above described stricture 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 15t, 2019 and October 8'1, 2019, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on October 15'x', 2019 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 6"', 2019 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 structure at the following address: 123 Snrinlz Branch Rd. Dunn, NC 28334 PIN 4: 1516-74-5282.000 PARCEL ID #: 02151612170035 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 6°i day of August, 2019 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 15th day of October, 2019. Oscar N. Barris, Mayor Attest: Tammy Williams City Clerk north Carolina WIL)UNN City of duan PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 o DUNN, NORTH CAROLINA 28335 (910) 230-3505 - FAX (910) 230-9005 www.dunn-ne.org PROPERTY HISTORY: 123 Spring Branch Rd. (PIN #: 1516-74-5282.000) Owner: Stacey Harper Ridge Keith 7966 Elevation Rd. Benson, NC 27504 Overview: Mayor Oscar N. Harris Mayor Pro Tem Frank McLean Council Members Buddy Maness Dr. Gwen McNeill Billy Tart Chuck Turnage Dr. David L Bradham City Manager Steven Neuscharer March 20t11, 2019 — Property condemned due to incompletion of work and length of time since expiration of building permit. Condemnation and Hearing Notice sent to owner on record with Harnett County GIS, Stacey Harper. A copy was also sent to Ridge Keith, co-owner and contractor. March 29th, 2019 — Hearing held at the Planning and Inspections Department. No one attended the hearing. Ridge Keith called me at a later date and I explained to him the condemnation process. He was in agreeance to the condemnation of the property and said he would take care of it. April 28t11, 2019 — The walls and roof were removed/demolished by Ridge Keith. Some property cleanup had begun and continued off and on for several weeks. Aullust 6th, 2019 — Order after Condemned Hearing notice allowing thirty (30) days for repairs or demolition of property sent to owner. Appeal letter sent with this notice informing Stacey Harper and Ridge Keith of appeal process if they desired to do so. August 16th, 2019 — Ten (10) day time period for appeal expires. August 30111, 2019 — Allowed time period of thirty (30) days expires. October 1s1, 2019 — Site inspection performed and updated pictures taken. Property has not had any more improvements or additional removal of the structure since around June. October 15t1, 2019 — Scheduled for City Council Meeting. • •rtl ITO i• September 30t", 2019 ,LOUNeiv NORIii CAROLINA Acreage: 1.000 LT no ed Acreage: 0.14 so Number: 1500001408 HARPER STACEY " Print Ihis,page Property Description: LOTg14 RICHARD BEST SID 47X143 123 SPRING: BRANCH RD 131.1W NC 28334j< ,arty Address: 123 SPRING BRANCH RD DHNN, NC 28334' State, Zip: DUNN, NC, 28334" ling Count: i nship Code: 02 Tax District: Dunn Averasboro Building Value: $13380 Outbuilding Value: $200 Land Value: $6000 Special Land Value : $0 Wine : $18580 Deferred Value : $0 ,seessed Value: $19580 Harnett County GIS Neighborhood: 00212 Actual Year Built: 1938 TmalAcutalAroaHeated: 926 Sq/Ft Sale Month and Year; 312011 Sale Price: $20000 Dead Book & Page: 2844-0420 Deed Date: 2011/03/07 Plat Book & Page: - Instrument Type: WD Vacant or improved: QuallliedCoda: Q Transfer or Split: T Within 1ml of Agriculture District: No Prior Building Value: $26600 Prior Outbuilding Value : $200 Prior Land Value : $6000 Prior Special Land Value : $0 Prior Deferred Value: $0 Prior Assessed Value: $32800 F a W -g & D 0- t 1 N- - N' �' City Council Agenda Meeting Date: October 15,2019 1989 * 2013 1989 * 2013 SUBJECT TITLE: Conditional Use Permit CU -01-19 DeAngelo Jackson (applicant) Anchor Properties of Raleigh, LLC (owner) PIN # 1506.89.9238.000 1107 Erwin Rd. Presenter: George Adler, Planning Director j Department: Planning & Inspections Attachment: X Yes No Description: Conditional Use Application, staff report, map ing Havenisement uate: 17th, 24th and October 1st, 2019 A request was received from DeAngelo Jackson for a Certified Adult Day Care. This property is currently zoned 0&I, Office & Institutional District. The planning board met on September 24, 2019 reviewed the request and asked for comment from the public. The applicant was present and spoke on behalf of the request and one person from the public spoke in favor of the request. The planning board recommended in a 4-0 vote to approve this request. PLANNER'S RECOMMENDATION OR COMMENTS: Parking lot should be striped and wheel stops included. ANY ADDITIONAL CONDITIONS FOR APPROVAL SHALL BE AGREED TO BY THE APPLICANT OR THEIR REPRESENTATIVE. RECOMMENDED MOTION: BASED ON THE APPLICATION, THE EVIDENCE SUBMITTED, AND THE ABOVE FINDINGS OF FACT AND ANYAGREED CONDITIONS--- ENTERTAIN A MOTION FOR GRANTING/DENYING THE CONDITIONAL USE PERMIT APPLICATION. Case: CU -01-19 George Adler, Planning & Inspections Director gadler@dunn-nc.org Phone: 910-624-6749 Fax: 910-230-9005 ® north carolina W�i DUNN clt.p of, (111[111 Planning Board Meeting: September 24, 2019 City Council Meeting: October 15, 2019 Requesting conditional zoning: in I-10 Restricted Industrial District, to add Certified Adult Day Care as use Applicant Information Owner of Record: Applicant: Name: Anchor Properties of Raleigh, LLC Name: DeAneelo Jackson Address: 503 Wrennstone Court Address: 1004 W. Broad St. City/State/Zip: Apex, NC 27539 City/State/Zip: Dunn, NC 28334 Property Description PIN(s): 1506-89-9238.000 Acreage: 1.06 acres (46,174 square feet) Address: 1107 Erwin Road Physical Characteristics Maps Please see Attachments Z 3, and 4. Page 1 of 4 STAFF REPORT Physical Characteristics Description Services Available Water: ✓ Public (City of Dunn) ❑ Private (Well) ❑ Other: Unverified Transportation Sewer: ✓Public (City of Dunn) ❑ Private (Septic Tank) ❑ Other: Unverified This property is located at 1107 Erwin Road approximately 0 5 miles by car from Betsy Johnson Hospital and approximately 0 6 miles from the intersection of Cumberland (US 421) and Broad Street. Zoning District Compatibility Thefollowingisasummarylistofgeneralusesfor actual permitted uses refer to the Zoning Ordinance. Please see attachment 1. CURRENT 0&1 REQUESTED Conditional Use Certified Adult Day Care X Government X Single Family Office X Multi -Family Institutional X Restaurant Retail Wholesale Medical x Professional Medical Complex Manufacturing Evaluation ✓ Yes LJ No The amendment, if small scale, is reasonable based upon surrounding conditions. Page 2 of 4 STAFF REPORT REASONING: The current uses in the immediate area and their zoning include: adjacent to the west a large field (zoned R-20); across Erwin to the northwest residential (zoned R-10) to the north a large field (zoned O&I); adjacent to the east residential (zoned O&1)• to the south medical offices (zoned 0&1). The underlining zoning of Office & Institutional remains the same. The only change is the addition of a single allowable use: Certified Adult Day Care. This use will generate minimal additional traffic There is adequate parking space already existing. Striping the parking area to clearlV indicate spaces including handicapped space(s) all with wheel stops can be required as part of the Conditional Use Permit. The conditional use requested is compatible within the surrounding ✓ Yes ❑ No The impact to the adjacent property owners and the surrounding community is reasonable, and the benefits of rezoning outweigh any potential inconvenience or harm to the community. REASONING: Minimal to no impact to adjacent propertV owners is anticipated. ❑ Yes ❑ No The amendment is warranted due to changed or changing conditions in the area. REASONING: ✓ Yes ❑ No The amendment achieves the purpose and is consistent with the Land Use Plan. REASONING: Suggested Statement -of -Consistency (Staff concludes that...) The Future Land Use Map on page 86 of the 2030 Land Use Plan shows 1107 Erwin as residential with office adjacent to the east (attachment 4) However, sometime between 2005 and December 2017 several parcels in the area were rezoned O&L The additional conditioned use of Certified Adult DaV Care is consistent with office and institutional uses though it would allow supervised overnight stays for brief periods The conditioned use is consistent with the Land Use Plan and will impose no foreseeable impact to adjacent property owners. Site Photographs Please see attachments 2 and 3. Traditional Standards of Review and Worksheet Page 3 of 4 STAFF REPORT The Planning Board shall consider and make recommendations to the City Council concerning each proposed zoning district. The following policy guidelines shall be followed by the Planning Board concerning zoning districts and no proposed zoning district will receive favorable recommendation unless: ❑ Yes ❑ No A. The proposal will place all property similarly situated in the area in the same category, or in appropriate complementary categories. ❑ Yes ❑ No B. There is convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of the individual or small group. ❑ Yes ❑ No C. There is convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) ❑ Yes ❑ No D. There is convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. ❑ Yes ❑ No E. The proposed change is in accordance with the comprehensive plan and sound planning practices. ❑ GRANTING THE REZONING REQUEST Motion to grant the rezoning upon finding that the rezoning is reasonable based on All of the above finding of fact A-E being found in the affirmative and that the rezoning advances the public interest. ❑ DENYING THE REZONING REQUEST Motion to deny the rezoning upon finding that the proposed rezoning does not advance the public interest and is unreasonable due to the following: ❑ The proposal will not place all property similarly situated in the area in the same category, or in appropriate complementary categories. ❑ There is not convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of the individual or small group. ❑ There is not convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) ❑ There is not convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. ❑ The proposed change is not in accordance with the comprehensive plan and sound planning practices. ❑ The proposed change was not found to be reasonable for a small scale rezoning. Page 4 of 4 STAFF REPORT a • N •a ".` _.: • • •• D �- m D s 0 � o w r) T O 3 7m � 2 r-+ ' N z 0 d a 0 0 vq 0 rt s r. 0 v 1 Q N rt C rt C fD �1 =7 I \ I}; °..1�! - \ !(!!)(}°e==! | !; ®!!§! §i|\{ \ ! CL I For Planning Department Use Only Case Number Lt -©1- 19 Date Received Fee Paid Board Meeting City Council Meeting REZONING APPLICA'T'ION OWNERSHIP INFORMATION: /� G y Applicant; 00000 Arse kH'*f CCA)A1�%�"�hone Number; (LOU) non OOOn Applicant's Legal Interest in Property: 00000ryC10c4c/k4WIS4gjrctwse,( 13400llgrcq� Applicant's Address; OOd00 5 Wi4A, r YQ C I' 1 C`" /' [�C Property Owner; 0000mof(fi5 Q(A)o Owner's Address: OROD 503 Wvvv�,05+-Vo- a,q `, C Date Property Acquired; 0000' ) / 1 ISO- $9_1238 Tax PIN Number: pOOD - 00 - 0000 .000 1.06 Size (Sq. Ft. or Acres)0010[ lip o Y9 Deed Reference: Book 00000 Page RHO Street Frontage (ft) OOM Attach a legal description (Metes and Bounds Description) of the area recju sted. Location/Address; 00000 i o crwrh Raoj ZONING REQUEST: A. Existing Zoning: d � - i to n A r' v i o l Requested Zoning: 00000 Ge er a� C a � e rc r� c 3 B. Land Uses: 1. Existing land uses on property to be rezoned: 0�/ Use(s) Requested;� 1 &'It � C, e Number of Parldng Spaces Provided; Driveway/Road Access: 3. Existing or proposed land uses on all adjoining properties: North (_1101",v South East West C. Statements of Justificatn®er: (City Code, Article IX of Chapter 22) Attach a statement justifying the following; 1) The use requested is listed among the conditional uses in the district for which the application is made, 2) The requested use is essential or desirable to the public convenience or welfare, 3) The requested use will not impair the integrity or character of the surrounding or adjoining districts, nor be detrimental to the health, morals, or welfare. 4) The requested use Adll be in conformity with the land development plan. 5) Adequate utilities, access roads, drainage, sanitation, and other necessary facilities have been or are being provided. Z a y m i 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O m u 0 0 ln6 rn r 4 0o m rn o m m oco oo rn w Q ✓1 m m w _ � 0 C 0 0 0 0 0 0 0 0 co m u� W N pop N N 00 U w z W z V1 N C 3 U t0 aC+ cNi (J c -I U -C U m t0 C U o m C m C C C C C ♦N -i O N UN C O C 0 3 0 3 0 O N to a ci Y d 0 d O rl Q m 2 0 'O s - C w u 0 Q ✓1 m _ � 0 C v W N vi u 4 ADJOINING PROPERTY OWNERS (WITHIN 100 FEET OF REQUESTED Cl-LANGE) NAME MAILING ADDRESS PAN NUMBOR L .000 2. ___,000 3, 4, 5. 6. 7. -----.000 -----;,000 9. ---.—.000 10. ,000 -----,000 12. ------000 ®WNEWS CERTIFICAMN I (We) do hereby certify that: I am (We are) the owners or authorized agent of the property described in this application for conditional use penult and have attached copies of deed, title reports or other documents as proof of ownership. I (we) have read the conditional use procedures, requirements and have truthfully completed this application for a conditional use permit. I (we) understand that the filing fees are non-refundable; the process to review conditional use cases includes public hearing and review by both the Planning Board and the City Council. I (we) understand any action to approve our request is at the discretion of the Planning Board and the City Council and additional requirements may be imposed as deternuned necessary. Signature - Date Sworn to and subscribed before me this _-6 day of �, 20 d—. 11" o"t7Yq'"*% Zt NO)- , oG Rl, e�Ic i G' s' tary Public My Commission Expires: D J o? 3- a p a 41 Harnett County Parcel Report �:i ;. r ;± �;6 t, � ' � Page 1 of 1 Prinl this papa Property Description; (-idYl1Ctt C 0 U, N 7 Y 1,02 ACS JItAMY A PIERCE Je Olxxi tor4at ll: 150&89-9239.000 Acreage: 1.020 AC as ad Aareaga: 1.00 ac Number. 214056000 t P 0 PDX 578 DUNN. NO 203350578 only Address: 1107 ERWIN RD DUNN, NO 28334 State, zip; DUNN, NO, 283334 Inn, Count: i rshlp Code: 02 Tax District: Cum Members Harnett G(S Noi9hboritaod: 00201 Actual Year Bull(: 1941 Tola1Ac,uWAm.Lo, ted; 4296 Sgfft gala Month and Year. 311993 sale Prlco: 5120000 Deed Beul( & Page: 9980649 used Data: 1993103foi Plat Back & Page:. Ins"In-at Type: WD Vacant or Improved: Quaiinedic.aw X Transfer or Split: White 1mi of Agrkulture Bl Itrlel: Yes heal Housing Vnlua: 1163690 Prior Building Value: $213710 ,00l OuWullding Value : $1270 Prior 0u1bullding Value : S3590 dral Land Value: $124410 Prior Land Vnlua : $134410 ,reel $pool.] Land Value: CO Prior Special Land Value : $0 ,let Value 15279270 Vast Doferrod Value : £0 Prior Deferred Value: 50 Mal Assessed Value : 5279270 Prior Assessed Veluo : $341710 'Al http://gis.harnett.org/E911App/Parcels/ParcelRepoit,aspx7pin=1506-89-9238.000 8/8/2019 I 1 'Al http://gis.harnett.org/E911App/Parcels/ParcelRepoit,aspx7pin=1506-89-9238.000 8/8/2019 August 8, 2019 Walk By Faith Adult Health & Daycare DeAngelo Jackson 1004 W. Broad Street Dunn, NC 28334 Planning Board of Dunn, North Carolina; my wife, Marilyn S. Jackson and I have operated an adult health and daycare in Dunn since 2014.Our daycare has out grown the current building that we are in. There is an investor, Sam Helbawi of Anchor Properties Raleigh LLC, that will be purchasing the building at 1107 Erwin Road, Dunn, NC mid-August 2019. The building will be used as an adult day care with over -night respite care. 2017/2018 North Carolina has approved for licensed adult daycare facilities to provide limited overnight care, no client will be able to stay no longer than 14 consecutive days and no more than 6 beds. Our intention is to continue with adult daycare with overnight respite. There will be limited outdoor activities, which will be gross motor activities and supervised by staff. We are not an alzheimer unit, our North Carolina license does not allow us to provide for wandering clients. Our daycare is staffed with a director, assistant director, healthcare coordinator, NC registered nurse, NC certified medical assistant, and personal assistants. There will be no change to adjoining properties that I am aware of. There will be no harm to surrounding properties. DeAngelo Jackson Walking By Faith DUNK a16 • ralinn ZJ1�N LINN AlhAmericaCity < t, „f d,,n,, 701rity 11111r City, Council Agenda r i ® eek ate- October , 19 1111. 1989 * 2013 SUBJECT TITLE: Orange Avenue Water, Sewer, and Street Improvements Presenter: Randy McNeill, PE Davis Martin Powell Engineers and Surveyors Department: Public Utilities Attachment: X Yes No Description: Engineer's Recommendation of Construction Project Award and Map Public Hearing Advertisement Date: PURPOSE: To consider awarding construction contracts for water, sewer, and street improvements on N, Orange Avenue between W. Barrington Street and W. Granville Street. ¢_R. Te kI Bid packages were sent out to four (4) contractors on August 14, 2019. Informal bids were received on September 12, 2019, at which time one (1) bid was received from Lorman Inc. The bid included a base bid for the utility work and an alternate bid for paving the street after construction. Due to receiving one bid, the City contacted another contractor to get a quote on the paving scope. The lower paving bid was submitted by RLT & Associates. Base Bid (Utility Construction) Alternate Bid (Paving) Lorman, Inc. $108,525 $63,550 RLT & Associates No Bid $22,075 Total Project Cost $130,600 BUDGET IMPACT: Funds were appropriated within the 2019-2020 Water & Sewer Operating Budget. RECOMMENDATION/ACTION REQUESTED: Recommend that Council award a contract to Lorman, Inc, for the base bid utility work at a cost of $108,525 and award the paving to RLT & Associates in the amount of $22,075. 4. w w?�aa¢-..w§�zo _om ¢ w � ' Sur-i�aao X5¢00 o z ow z z� umWi �'a4z< 1w2 a J¢�_ z Lu 2Q O�� a m �~ S 0 w z z6m_� mF ,Xoom 11zw �4Fo<U O w O Y�0 Ff-FI-I: i-(nZ mO m mzm ¢zzz e, 1- . w¢ rc(/� o'JoX o -a zlawl lwlw af0/i l -w Zaw `�'mz� +�l»> W a, iz ut z mw o¢ ¢O w,o OMOW wuozo �or-i -i¢¢¢i hZ .dao minmomom moo0i- Qo1n ',¢aaa I Q ,x. a w z 3 zoh s� r^, 1 �sr„ .. f " .!r y v� s F w zz a=? � O " � ¢ 3C ��• s x ��,, � w w � v H v w o 0 m �Q 3 w 7 All r o t w �b� �0 '0 a, dao. x r 4 v Cj - s m Imp Oq �z oww ?0wo y1 , � ,,"rte ✓ ' O f Nw z� O >s; ci Z R KF'RM" s " w y o. z �A A� Wtl B6�H 8182 4l e - 38NtlN0'- BMP'ZBN3-fiLeeHl\MIB\BLOBHI HtBZ\�d 3WtlN BNVAtlNO DAVIs a MARTIN • POWELL ENGINEERS & SURVEYORS September 30, 2019 Re: City of Dunn, NC Orange Street- Water, Sewer, & Street Imp. Recommendation of Construction Project Award DMP Project 180039(AL) Ms. Heather Adams City of Dunn PO Box 1065 Dunn, NC 28335 Dear Heather, Informal bids were received on September 12111, at which time we only had one bidder. We had sent plans to four contractors' but unfortunately only one submitted a bid. A copy of the certified bid tabulation details is enclosed. A summary of the bid received is as follows: contractor Base Bid Alternate Bid Lorman Inc. of Dunn Total base bid of 146,025 which include Total alternate bid for paving with 50,000 RLT of Fuquay Varina 50,000 for pavement patching. Removing credit if patching is removed from the the pavement patching reduces the water base bid at 13,355. Removing the credit and sewer cost to 96,025 would result in a paving cost of 63,550 The costfor the water and sewer improvements are reasonable given the current bid market and the small quantities associated with this project. The paving cost of 63,550 is higher than expected. After reviewing the bids, it was determined to also ask RLT (who is currently pricing some other paving work for the city) to quote paving Orange Street as well. RLT paving cost presented is 22,075 for paving only. In order to prepare the street for paving, Lorman must install 8" CABC (stone) base in all paved excavated areas for the water and sewer construction. A second spreadsheet is attached reflecting this change with RLT providing the paving and Lorman eliminating pavement patching (but instead installing 8" CABC, quantity adjusted to 300 tans). The details of these changes are Included on the spreadsheet and summarized as follows: Contractor Assigned work Lorman Inc. of Dunn Total of unit cost for water and sewer improvements 108,525 RLT of Fuquay Varina Lump sum cost to pave street 22,075 The overall cost saving by awarding contracts to Lorman (for water and sewer) and to RLT (for paving) will result in a cost savings of 28,975 as compared to assigning all the work to Lorman. Based upon the above information, we recommend the water and sewer work be awarded to Lorman, and the pavingwork be awarded to RLT. After Council considers awarding construction contracts for the project, we will prepare contract documents for Lorman and we assume staff will Issue a PO for the paving if all is approved by Council. And If you have any questions, please give me a call. Sincerely, DAV M TIN O L& SSOCIATES n / Mc eill, P RLM/rim c: File T: 336-886-4821 • F: 336-886-4458 • License: F-0245 6415 Old Plank Road, High Point, NC 27265 0 www.dmp-inc.com � )) §\ k | a !§ ! \` \` } }\ \) )} ■ j E3 m /\ \ > > ■ / < 46 16 >il:;{F[q)K:]«!! j\ \ /\\\\/\\\/�/\�\\\\\ RLT & Associates, Inc. 1 I I Tasha Lane Puquay-Varina, NC 27526 I Name/Address I City ol'Dunn 101 ti. Cleveland Sl, Dunn. INC 28335 • 111 • • •' Date Proposal # 9/24/2019 1561 Phone # Fax # 919-552.4489 919-552--9600 P.O. No. Terms Description Qty Rate Total Location: 1000 Orange St Halal ol'frentaining uxphalt. Re -grade sll'eet to pave, hlstall 2" of 9.5 asphalt. NOTE': Stone provided by others Libor, Equipment and Materials 22,075.00 22,075.00 All material is guarulteed to be as specilicd and the above work to be pel loaned In accordance with the drawings and Speciricitlons submitted fur above work and completed In it subslaulial workmanlike nlaoner. With the payments to be made as follows: Dale within 13 Days ol' Receipt ofinvoice, **Exclusions:'I'esling, Unsuitable Soil/Rock/tyllnerials & Perolits airless speclacally noted in above deseriptlon. Note: This Proposal may be withdrawn by its Wool accepted within 15 Days, Any Alteration or deviation iron, above speOliealions involving extrit cost, will be executed only upon written ordors and will become au extra ehmge over and above the eslinvaed. Workmen's Compensation ane) Public Liability Insurance oil above work to be utkcn out by: RL1' Construction nil/or RLT and Associates. Acceptance of Proposal: The above prices, s1w6ficutlolls and conditions are satisfactory and tire hereby accepted. You are authorized to do work as specified. Payment will be mudu its outlined above. ACCoontS over 15 days will incur u monthly service charge of 1.5% "*`°= "fig****�Tbis propositi is v111iid for 5 d lys. Hornell Co 7.016 7.00% 0.00 ETa i::� 622,075.00 Phone # Fax # 919-552.4489 919-552--9600 DUNNg` -D -"- W-1 UNN City, Council Agenda Form 1989 * 2013 Meeting Date: October 15, 2019 SUBJECT TITLE: Financial Report, Tax Report and Assessment Update Presenter: Finance Director Roberts Department: Finance Attachment: X Yes No Public Hearing Advertisement Date: Financial and Tax PURPOSE: Attached please find the Financial Report/Assessment and Tax Report as of September 30, 2019. BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Acknowledge receipt of the Monthly Financial Reports for September 30, 2019. -'d&&—Dnorth carolina UNN city of dunn POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3500 • FAX (910) 230-3590 www.dunn-nc.org MEMORANDUM To: Honorable Mayor, City Council Members From: James 0. Roberts, Finance Director Subject: Financial Report Date: October 15, 2019 Mayor Oscar N. Harris Mayor Pro Tem Frank McLean Council Members Buddy Maness Dr. Gwen McNeill Billy Tart Chuck Turnage Dr. David L. Bradham City Manager Steven Neuschafer • The City as of September 30, 2019 had $3,192,573 in cash in the General Fund and $2,337,755 in the Water -Sewer Fund. Through September of 2018 the City had $2,596,447 in the General Fund and $2,459,827 in the Water and Sewer Fund. With Both Fund Balances combined we have $474,054 more than we had for the same period last year. • Harnett County, who bills our taxes, has released the Property tax bills for the 2019 year. To date we have received approximately $575,166. Our Estimate for the 2019 year is $3,750,000. • Sales Tax Revenue for the month of July was $205,010. Our Budget for that income is set at $2,212,000. Sales Tax Reports from the Department of Revenue run two months behind actual collections. • Utilities Sales Tax report for the last Quarter is due $167,512. This amount includes Electricity sales tax, Telecommunications Sales Tax and Video Programming Sales Tax. It is budgeted for these three areas at $747,000. This is a quarterly payment for the quarter ending June 30, 2019. • Building Permit Fees for September were $14,210 for a total collected for the year of $37,567 or 47% of budget. Our budget for the year is $80,000. • Water and Sewer Revenues for the month of September were $496,368. Our total to date collected is $1,559,866 or 27.9% of budget. Our budget for the year is $5,593,000. • Expenditures are at 30.68% of budget in the general fund. We have completed the paving work that increased this part of our expenditures. Our Budget is $11,597,100 and we have expended $3,277,542. The Water and Sewer fund has spent 24.72% of budget which was $6,207,200 and we have expended $1,239,684. The benchmark for this period is 25% of budget. DUNN � l-ametieasi q Mal ere 4=7nu 7n res north carolina ILU UNN city of dunn POST OFFICE BOX 1065 a DUNN, NORTH CAROLINA 28335 (910) 230-3500 ^ FAX (910) 230-3590 www.dunn-nc.org TIAMA[01C7e10U111kyj1 To: Honorable Mayor, City Council Members From: James 0. Roberts, Finance Director Subject: Liens and Accounts Receivables Date: October 15, 2019 Mayor Oscar N. Harris Mayor P ro'1'em Frank McLean Council Members Buddy Maness Dr. Gwen McNeill Billy Tart Chuck Turnage Dr. David L. Bradham City Manager Steven Neuschaler • In August we reported $374,776 owed in assessments of all types. The total assessments currently due are $332,995. Our outstanding balances break down as follows: Weedy Lots/Demolitions is $212,287, down from $261,097 last month; General Fund Assessments $127,314; Water and Sewer Assessments $15,595. • Since last month we have collected a total of $27,300. The breakdown of these payments are: none in General Fund assessments, $500 in Water Fund Assessments, and $26,800 in Weedy Lots/Demolitions. We also adjusted off $22,010 of older accounts • We continue to have liens placed on 74 properties in the amount of $136,422, totaling 41% of the total assessments due. The next eight large property owners will bring the total to $175,672 or 52.8% of the total amount due the City. Our 30 days is up on these lots and they can be added to our group with leins assessed in the next 30 days. We have no new property owners that owe us over the $1,000 limit on large delinquent bills. • The ordinance for weedy lots and solid waste management is being changed to make it more stringent. Our billing process for assessments other than Weedy Lots/Demolitions begins with notifications in writing and then following up with a notice of pending lien. With Weedy Lots/Demolitions, payment is then expected within 30 days and land owners are notified in writing. We do not offer a payment plan but partial payments are accepted. Partial payments however, does not stop the notice of pending lien on the property. • We are continuing to work through our files to complete our review and place more liens on the newest most expensive properties where we have amounts due. DUNN AIIIMINUM¢ x4re comfit! wa ers IIW I ... *2.13 Expenditures for City of Dunn Budget Amount $ 11,597,100.00 100Y 9/30/2019 Expenditures Year to Date $ 3,277,542.00 28.3% Budget Remaining $ 8,319,558.00 72% Expenditures for Water and Sewer Budget Amount $ 6,207,200.00 100% 8/31/2019 Expenditures Year to Date $ 1,239,684.00 20.0% Budget Remaining $ 4,967,516.00 80% Expendltures Year to nate o Budget Remaining DUNN b* €.UNN 11111f City Council Agenda Form A A y Date ..°October 1. 1989 * 2013 SUBJECT TITLE: Administrative Departmental Reports Presenter: City Manager Steven Neuschafer Department: Admin Attachment: X Yes No Public Hearino Advertisement Date: PURPOSE: Attached please find the following Monthly Reports for your review: - Planning & Inspections Report - Public Works Report - Public Utilities Report - Parks & Recreation Report - Library Report - Police Report jsTaX-C .10111111 BUDGET IMPACT: RECOMMEN DATIONIACTION REQUESTED: Acknowledge receipt of the Monthly Administrative Reports. ILHU DuUNN z>��x romnumt malleia August 2019 1 Monthly Development Report Planning & Inspections Department 1 102 N. Powell Ave., Dunn, NC 28334 1 phone 910-230-3503 ( fax 910-230-9005 1 www.dunn-nc.org DUNN az�ra cmmum! ma Men Code Enforcement Map August V to August 31", 2019 Public Works Department I August 20191 Monthly Report 101 E. Cleveland St., Dunn, NC 28334 ( phone 910-892-2948 ( fax 910-892-88711 www.dunn-nc.ora *Data from Mobile311 work order system (does not include all work performed) 101 E. Cleveland St., Dunn, NC 28334 1 phone 910-892-2948 ( fax 910-892-88711 www.dunn-nc.org *Data from Republic Services report LLU DLINN u�ra mmmeni mrtHm Public Utilities Dept I August 2019 j Monthly Report 101 E. Cleveland St., Dunn, NC 28334 1 phone 910-892-2948 i fax 910-892-88711 www.dunn-nc.or� Leak Repair 9 erConstruction 3 Sewer Construction 2 Hydrant Repair 14 ar Meter Repair 10 —Sewer 33 *Data from Mobile311 work order system (does not include all work performed) *Data from A.B. Uzzle Water Treatment Plant records, and Finance Department billing. LLLI D,UNN m�af mmnum< � maiEm dMillion Gallons Treated 55.304 *Data from NC DEQ DMR documents and Black River Wastewater Treatment Plant records Monthly Recreation R• pE Dunn Parks & Recreation September Monthly Narrative Report Sports Programs Fall Sports Fall sports registration began July 1st and ended August 14th. Sports offered were youth football, soccer, cheer and volleyball. Football leagues began practices August 20th and games begin September 28tH Our 4U, 6U, and 8U instructional soccer leagues began practices on Saturday, September 7tH, games started September 21". Volleyball, cheer, and 10U/13U soccer leagues began practices the first week of September. Volleyball games started on September 19tH. Our 10U boys/girls along with 13U girls began games on September 26' and 13U boys began games on September 30th Winter Sports Basketball registration will begin on Tuesday, October 1st and will end on Wednesday, November 13tH Miracle League Registration began on August 19th and will end on September 26tH. Games will start Saturday, October 5th Parks and Recreation Advisory Board Parks and Recreation Advisory Board met last on Tuesday, August 13th at 6:00 p.m. in the Dunn Community Center. The next scheduled meeting will be held Tuesday, November 12 at 6:00 p.m. Special Events First Responders luncheon held on September 91h in the Dunn Community Center. Family Medical Supply Annual Business Festival held on September 1711 in the Dunn Community Center. Dunn Parks & Recreation Department Monthly Review' zoig Dunn Parks & Recreation 1205 Jackson Road, Dunn, NC 28334 1 (910) 892-2976 Phone (910) 892-7001 Fax I www.dunn-nc.org September 2019 August 2019 1 Monthly Library Report Dunn Public Library 1 110 E. Divine St., Dunn, NC 28334 1 phone 910-892-2899 1 fax 910-892-8385 www.dunn-nc.org/librarV Patrol Division for August 2019 40 30 _... 25 _. 20 19 .... 15 12 10 .. 5 _... _. 2 1 0 0 1 11 m 0 Speeding Seat Belt Pass. Seatbelt No Drive 1�, Operator Lic. Whilel Failure To j Stop Stop i R nR d Failure to Reduce Juv. Lic. Revoked Sign Speed Lm Aug -19I 19 I 1 0 _ 12 34 (_ 0 _ ( 1 2 Patrol Division for August 2019 450 425 400 INE 350 300 100 54 50 14 18.3 1 0 1.5 0 Other US Misd. i Felony Firearms Marijuana Cocaine Heroin Drugs Currency Arrests Arrests Seaed Seized Seized Sezied Seized Seized N Aug -19) 54 14 ( 1 .18.3 0 ( 1.5 .425 0..... Grams I I USD Criminal Investigations Divison Juvenile Report for August 2019 6 5 5 _...... 4 3 3 MON 2 1 1 1 a o 0 0 0 CasesCases Total Total Total Total Total Cases Filed Cases Ex- Cleared Cases Cases Adult Juvenile Felony Misd. Assigned Inactive Cleared 1 iby Arrest Unfound Closed Arrests Arrests Charges Charges ®.Aug -19 5 0. 2. ( 1 0 L... 3 0 1.. ( 0.. 1 Total Crimes Reported for August 2019 _... 30 Number of Crimes by Type for August 2019 27 2s 20 1s10 _. 10 7 s 2 2 2 0 0 1 0 Larceny Aggravate Burglary Burglary from Larceny Simple Homicide I Rape Robbery d Assault Force Non -Force Motor All Other Assaults Vehicle I is Aug -191 0 2 1 2 1 2 1 7 0 1 1 1 27 1 10 Narcotics Seized for August 2019 140 131.7 120 _. 100 .....on 80 m 60 40 20 20 10 1 2.4 10 4 0 MEN — _. _ Marijuana Cocaine Meth, Heroin I Pills Other Drugs) Felony Misd. quests Arrests (®Aug -19) 131.7 1 2.4 1 L. 0 L 20 L.. 4 10 I II I Dosage Unit Gram Weight so Animal Control Canine Totals for August 2019 45 43 40 ME MIM 25 32 30 Animal Control Other Animals, Warnings and Mileage 1400 1307 1200 ME 1000 800 _. 600 _.. 400 200 _..... _ 0 11 0 0 Other Animal Warnings Citations Mileage Mileage Calls q55 #56 1 ® Aug 191 _.. 0 1 11 1 0 1 1307 0.. I Not in Service DUNN M D U-" 1 N- " N"' Ag.9` a �. V City Council a1989 * l 13 Meeting Date: October 15, 2019 SUBJECT TITLE: City Manager's Report Presenter: City Manager Neuschafer Department: Administration Attachment: Yes X No Descri Public Hearinq Advertisement Date: PURPOSE: City Manager Steven Neuschafer will give a Monthly Update. BACKGROUND: BUDGET IMPACT: RECOMMENDATIONIACTION REQUESTED: Page I 1 Announcements October 15, 2019 City Council Meeting ➢ Dunn Crime Stoppers will host Public Safety Day on Saturday, October 19th from 11:00 a.m. until 2:00 p.m. at Tyler Park. ➢ Friday, October 25th is Dunn Goes Pink Day and Fonnie Godwin's Laps for Life Celebration will be held that evening from 6:00 to 11:00 p.m. at The Barrington House. ➢ "Trick or Treat" times will be observed in the City limits of Dunn on Thursday, October 31" from 5:00 until 8:30 p.m. ➢ 21St Annual North Carolina Cotton Festival will be held on Saturday, November 2nd from 10 a.m. until 4 p.m. in Downtown Dunn. ➢ City offices will be closed Monday, November 11th in observance of Veterans Day. ➢ The next regular City Council Meeting is scheduled for Tuesday, November 12th at 7:00 p.m. ■ Proclamation — First Federal Bank 60th Anniversary ■ Thank You Letter from Harnett Regional Theatre for Non -Profit Allocation 20192020 Fiscal Year ■ Resolution in memory of the late Billy Barfield by the North Carolina League of Municipalities. The Resolution has been presented to his widow, Annette Barfield. ■ Minutes — Dunn Housing Authority Dnorth � � N Af1�America City city of dunn 2s11' -Ire commrrzzi matters 1989*2013 Recognition of the 60th Anniversary of First Eedera[Bank WHEREAS, First Federal Bank was first established as the First Federal Savings and Loan Association of Dunn in 1959, with its first organizational board meeting being held at City Hall on November 21, 1958; and WHEREAS, the bank opened its first branch in Dunn at 300 West Edgerton Street with John T. Simpson serving as the first Executive Vice President; and WHEREAS, First Federal Bank, formerly operated as First Federal Savings and Loan Association, provided many families in Dunn and the surrounding area the opportunity to accomplish the "American Dream" of home ownership; and WHEREAS, John H. Wellons was the prime motivator in the founding of the bank, serving as President until 1980, when he became Chairman of the Hoard. He served in that capacity until 2006, when he was named Chairman Emeritus; and WHEREAS, the Wellons family has always been a major influence in the bank's history with his brother, Calvin G. Wellons, being one of the founding board members and being named as Vice Chairman of the Board in 1981. Their brother, Charles Russell Wellons, was also a major shareholder at the bank; and WHEREAS, the Wellons family cast vision beyond the City of Dunn, as developing entrepreneurs, as they established foot prints across North Carolina based on solid Biblical principles; and WHEREAS, Robert P. Wellons, son of John H. Wellons was elected Chairman of the Board in 2006 and other members of the Wellons family continue to serve on the bank's board of directors; and WHEREAS, Clement E. Medley, Jr. was first hired with the bank in 1973, was promoted to Executive Vice President and Managing Officer in 1978, appointed President in 1981 and led the bank with skill and integrity until his retirement in 2016. Prior to his retirement, he was elected and still serves as Vice Chairman of the Board; and WHEREAS, under his leadership and that of the board, the bank was re -chartered as First Federal Savings Bank in 1988 and re - chartered in 2003 as First Federal Bank. The bank, headquartered at 200 E Divine Street in Dunn, has proven itself, not only as the oldest locally owned financial institution in Harnett County, but as a bank with a reputation of service, not just to its customers, but to the communities the bank's six branches serve; WHEREAS, community service has been a priority to First Federal Bank, as evidenced by the many contributions made by the bank, its officers, board members and employees. Both, John H. Wellons and Clem Medley, made community service a priority and both received the prestigious honor as Dunn's Man of the Year and have made significant contributions to Dunn's history and civic accomplishments, not limited to Mr. Medley's recent role in the establishment and successes of the Dunn Community Development Corporation and the Dunn Enrichment Center. NOW THEREFORE BE IT RESOLVED, I, Oscar N. Harris, Mayor of Dunn, North Carolina, and on behalf of the City Council and citizens of Dunn, congratulate the Wellons family, President Jeffrey H. Whittington, the board of directors and the bank's staff and customers, as you celebrate the 60" Anniversary of First Federal Bank of Dunn. BE IT FURTHER RESOLVED that we wish to express our sincere appreciation for the significant contributions made to our City, County, and our many community organizations and events throughout the Bank's 60 years of serving our community and its residents; and BE IT FURTHER RESOLVED that we wish First Federal Bank much success as you continue to fulfill your mission as a community bank providing excellent service to your customers and the communities you serve. Proclaimed this the 24" day ofSepoonber, 2019 Q f Oscar N. Harris, Mayof- ATTEST: � iY✓Y .r4:�LCC� �--) Tamm) l Williams, flyClerk a__ HARNZ�I REGIONAL `geatze P.O. Box 1471 114 North Wilson Avenue ono September 26, 2019 Dunn City Council % Dunn City Manager PO Box 1065 Dunn, NC 28335 Council Members, Thank you very much for supporting Harnett Regional Theatre Children's Summer Workshop July 2019. We are excited with the success of the program. We had thirty-eight children ages 8-18 participate in the three-week camp. Volunteer Board Members and parents of the children worked on sets, props and costumes and all were pleased with the outcome. The community packed the theater for the three performances of Frozen, Jr. the children staged at the end of the workshop. We also had a street party for the community following the Saturday afternoon show that was well attended. People took pictures with the cast and played in a Frozen bouncy house. Broad St. Deli hosted a table where the kids made reindeer food bags and Mrs. P's made snow cones and slushies available. People attending commented on how great the show was and found it unbelievable how much the children could accomplish is just three weeks. They memorized lines of dialogue and songs and followed directions for stage positions and character development. The amazing costumes and make-up the children participated in designing rivaled any seen on a professional acting troupe. They built the confidence needed to perform in front of an audience and felt the positive feedback of a job well-done! Because of the outpouring of support and the quality of shows we were able to produce with the help of your $2500.00 grant, the Summer of 2019 Workshop was filled with applicants within six days of posting on our website. Harnett Regional Theatre deeply appreciates your commitment to advance cultural arts in the Dunn community. Sincerely, Teresa Alphin l HRT Board Member Ckeselumon of the North Carolina League of Municipalities WHEREAS, the North Carolina League ofMunicipalines notes with sadness the death of William P. "Billy" Barfield who faithfully served the City of Dunn for 90 Years and 90 Months; and WHEREAS, William P. "Billy" Barfield made significant contributions to the City of Dunn and its residents and contributed to the advancement of excellence in municipalgovernment; NOW, THEREFORE, BE IT RESOLVED by the membership of the North Carolina League of Municipalities, expresses their sorrow at the Passing of William P. "Billy" Ba f eld, former City Council Member, Mayor Pro Tem of the city of Dunn, who made lasting contributions to municipalgovernment and whose memory me are proud to honor. BE IT FURTHER RESOLVED that this resolution be made apart of the permanent records of the North Carolina League of Municipalities and that copies be forwarded to the family of William P. "Billy" Barfield and to the City of Dunn. VV WILLIAM PITT, PRESIDENT PAUL AYmt EXECU IRE 'OR Sep. 9. 2019 11:18AM DUNN HOUSING AUTHORITY BOARD MEETING 817 STEWART STREET MONDAY, JULY 15, 2019 5:30 PM No 2440 P 1 i.4 J THE BOARD MEETING WAS CALLED TO ORDER ON MONDAY, JULY 15, 2019 AT 5:30 PM BY BOARD CHAIRMAN, ERIC SINCLAIR, SR. UPON ROLL CALL, THE FOLLOWING WERE PRESENT: CHAIRMAN ERIC L. SINCLAIR, SR; VICE-CHAIRMAN LESTER E. LEE, JR, COMMISSIONERS EDDIE DRAUGHON, SADIE MCLAMB, AND BOARD SECRETARY DEBBIE N. WOODELL. MARSHA BASS, OCCUPANCY MANAGER WAS ALSO PRESENT. COMM15SIONER DAIL WAS EXCUSED. THE MEETING WAS OPENED WITH A PRAYER BY CHAIRMAN SINCLAIR, MINUTES OF THE JUNE MEETING WERE READ AND APPROVED WITH CORRECTIONS. FIRST MOTION WAS MADE BY VICE- CHAIRMAN LEE AND SECONDED BY COMMISSIONER DRAUGHON. AYES AND NAYS WERE AS FOLLOWS: AYES NAYS ,.riAIRMAN SINCLAIR VICE-CHAIRMAN LEE NONE COMMISSIONER DRAUGHON COMMISSIONER MCLAMB MOTION CARRIED. OCCUPANCY REPORT: TOTAL RENT FOR JUNE WAS $35,036.00. AVERAGE RENT PER UNIT WAS $250.26. SINCE THE JUNE MEETING THERE WAS FOUR MOVE -INS, FOUR MOVE OUTS AND ONE TRANSFER, THERE THREE ACCOUNTS TO BE CHARGED OFF IN THE AMOUNT OF $303.00 • Elia Thompson $227.00 ® Rosalia Escamilla-Alonso $36.00 • Jack H. Stiles III 40.00 $ 303.00 FIRST MOTION WAS MADE BY VICE-CHAIRMAN LEE AND SECONDED BY COMMISSIONER DRAUGHON. AYES AND NAYS 'FRE AS FOLLOWS: Sep. 9 2019 11:18AM ".YES NAYS CHAIRMAN SINCLAIR VICE-CHAIRMAN LEE NONE COMMISSIONER DRAUGHON COMMISSIONER MCLAMB MOTION CARRIED. RESOLUTION NO: 2019-12 YEAR TO DATE CHARGE-OFFS WERE $ 2985.00. THERE WERE NO RECOVERIES FOR JUNE. RECOVERIES YEAR-TO-DATE: $953.00 THE MONTHLY WORK ORDER MAINTENANCE REPORT WAS REVIEWED WITH FEW COMMENTS. No.2440 P. 2 THE BOARD ALSO REVIEWED THE FINANCIAL BALANCE REPORTS FOR THE MONTH OF MAY 2019. THERE WERE NO OTHER COMMENTS. COMMUNICATIONS: NOTICE FROM PIEDMONT NATURAL GAS WAS BRIEFLY DISCUSSED. THE NOTICE WAS TO NOTIFY DUNN HOUSING AUTHORITY THAT TESTING WOULD BE DONE ON GAS METERS AT HARNETT TERRACE AND THERE WOULD BE A BRIEF INTERRUPTION OF SERVICE. THERE WERE NO COMMENTS. OTHER BUSINESS: SECRETARY WOODELL TOLD THE BOARD THE TREE REMOVAL AND TRIMMING HAD BEEN COMPLETED AT WASHINGTON HEIGHTS. SHE ADVISED THE BOARD THAT SHE HAD RECEIVED THREE PROPOSALS WITH THE LOWEST BEING $7800.00 AND THE HIGHEST, $10,000.00. THERE WERE NO OTHER COMMENTS, THERE WAS SOME DISCUSSION CONCERNING THE STATUS OF THE SALE OF THE CYNERG! UTILITY TRAILER. SECRETARY WOODELL TOLD THE BOARD SHE HAD PLACED AN AD IN THE DAILY RECORD FOR FIVE (5) DAYS AND THE COST OF THE AD WAS NEARLY $600.00. SHE SAID THE HOUSING AUTHORITY HAD RECEIVED TWO (2) BIDS, ONE IN THE AMOUNT OF $800,00 AND ONE FOR $1080.00. SHE SAID SHE HAD NOT RE -ADVERTISED IT IN THE NEWSPAPER BECAUSE OF THE EXPENSE BUT SHE HAD LISTED IT ON GOVDEALS.COM AND A FEW OTHER FREE WEBSITES. EVERYONE AGREED THAT THE ADVERTISING COSTS SHOULD NOT OUTWEIGH THE SALE. THE FREE WEBSITE ADVERTISEMENT WAS SATISFACTORY WITH THE BOARD. VICE-CHAIRMAN LEE ASKED IF WE HAD HEARD FROM DUKE ENERGY. SECRETARY WOODELL STATED SHE HAD CALLED AND LEFT A MESSAGE BUT HAD NOT HEARD ANYTHING AT THIS TIME, SECRETARY WOODELL SAID SHE HAD BEEN ADVISED BY SEVERAL RESIDENTS AT HARNETT TERRACE THAT DUKE ENERY HAD ALREADY BEEN TO THEIR UNITS AND HAD REPLACED SOME ITEMS SUCH AS FILTERS, REGULAR BULBS AT FRONT AND REAR OF UNIT AND WEATHER-STRIPPING. VICE-CHAIRMAN LEE STATED THAT HE HAD A DIRECT CONTACT NUMBER AND WOULD GIVE ITTO HER. THERE WERE NO OTHER COMMENTS. ITH NO FURTHER BUSINESS TO DISCUSS, THE MEETING WAS ADJOURNED. I Sep. 9 2019 11:18AM ERIC L. SINCLAIR, SR. CHAIRMAN 4DEBBE N. WOODELL SECRETARY No 2440 P. 3 (Specify one or more of the following permitted reasons for closed sessions) Move that we go into closed session in accordance with: [N.C.G.S. 143-318.11(a)(1)] Prevent the disclosure of privileged information Under the North Carolina General Statutes or regulations. Under the regulations or laws of the United States. [N.C.G.S. 143-318.11(a)(2)] Prevent the premature disclosure of an honorary award or scholarship [N.C.G.S. 143-318.11(a)(3)] Consult with the Attorney To protect the attorney-client privilege. i To consider and give instructions concerning a potential or actual claim, administrative procedure, or judicial action. i To consider and give instructions concerning a judicial action titled vs [N.C.G.S. 143-318.11(a)(4)] To discuss matters relating to the location or expansion of business in the area served by this body. [N.C.G.S. 143-318.11(a)(5)] To establish or instruct the staff or agent concerning the negotiation of the price and terms of a contract concerning the acquisition of real property located at (OR) To establish or instruct the staff or agent concerning the negotiations of the amount of compensation or other terms of an employment contract. [N.C.G.S. 143-318.11(a)(6)] To consider the qualifications, competence, performance, condition of appointment of a public officer or employee or prospective public officer or employee. (OR) To hear or investigate a complaint, charge, or grievance by or against a public officer or employee. [N.C.G.S. 143-318.11(a)(7)] To plan, conduct, or hear reports concerning investigations of alleged criminal conduct. School violence 143-318.11(a)(8) and terrorist activity (9).