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Agenda 11-12-2019Dunn City Council Meeting Agenda Tuesday Evening, November 12, 2019 7:00 p.m., Dunn Municipal Building Call to Order Invocation Pledge of Allegiance 6- 09[x]01 1) Adjustment and Approval of the October 15, 2019 meeting agenda PRESENTATIONS 2) Proclamation — Reverend Roy Johnson 3) Proclamation — Dunn United Ministerial Association 4) Presentation — Robert B Carr — Order of the Long Leaf Pine Award on behalf of Governor Cooper 5) Presentation — Dunn Police Department's Citizens Police Academy 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) Ordinance to Demolish — 411 E Surles St 8) Ordinance to Demolish — 700 Lincoln St 9) Ordinance to Demolish — 215 N Lee Ave CONSENTITEMS 10) Minutes — October 15, 2019 11) Proclamation — Habitat for Humanity 251h Anniversary 12) Proclamation — 901h Birthday of Cassie Brown 13) Proclamation — Small Business Saturday 14) Temporary Street Closing — Christmas Parade 15) Temporary Alley Closing — CUSOM 16) Acceptance of Bids and Award Capital Equipment Purchases ITEMS FOR DISCUSSION AND/OR DECISION 17) Master Services Agreements for On -Call Professional Services 18) Ordinance Amendment — OA -01-19 19) Ordinance to Demolish — 411 E Surles St 20) Ordinance to Demolish — 700 Lincoln St 21) Ordinance to Demolish — 215 N Lee Ave 22) Adding ABC employees to State Health Plan 23) Budget Amendment— Repairs and Landscaping at Cemeteries 24) Budget Amendment — Repairs for City Hall 25) Financial Report/Assessment Update 26) Administrative Reports ADJOURNMENT "This institution is an equal opportunity provider and employer" Communications/Public Information Public Works/Public Utilities Parks & Recreation Library Planning & Inspections Police 27) City Manager's Report 28) Announcements 29) Information 30) 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 of the November1< --`- DUNN UBDONN a CouncilAgenda jjj� City Meeting Date: November ®b 9 1989 * 2013 SUBJECT TITLE: Presentation to Reverend Roy Johnson Presenter: Mayor Harris Department: Governing Body Attachment: X Yes No Description: Proclamation Public Hearinq Advertisement Date: PURPOSE: A Proclamation will be presented to Reverend Roy Johnson in appreciation of his service to the Council. He has been coordinating the invocation schedule with local pastors for the past twelve years. BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: DUNN ® no r t h c aTlr olnTla LWUU1 hc�I1 V All -America City city of dunn 11 where cammtcni madters rva9*zona in Yfonor andRecognition of ReverendRoy Johnson WHEREAS, Reverend Roy Johnson, an honorable man of God and outstanding community public servant, has coordinated the Pastors schedule for the City Council meetings' invocations for the past twelve years; and WHEREAS, Roy began his work in the community as an entrepreneur, first as the owner and operator of the IGA for 22 years, and then as the owner and operator of Roy's Family Restaurant for 21 years; and WHEREAS, in 1991, at the age of 53, God spoke to Roy's heart to prepare for Ministry, and in 1994 he became a Licensed Minister with the Assemblies of God and was ordained in 2000. While Roy was still running his business, he earned his Bachelor's Degree in Pastoral Ministries from Heritage Bible College in 2002; and WHEREAS, in 1994, Roy volunteered as a Police Chaplain and has faithfully served in that role for 25 years. Roy has also prayed, unceasingly, for the Dunn City Council and this community, over these many years; and WHEREAS, while Rev. Johnson was preparing to become a Pastor, the Lord had a different plan and led him to enter the Chaplain Ministry. Roy worked at Wake Med for 3 years prior to becoming a full time Chaplain at Harnett Health Services — Betsy Johnson Hospital, where he has been serving as the Pastoral Care Director for 16 years; and WHEREAS, Roy has been a member of Glad Tidings Church in Dunn since 1965, where he has served as an adult Sunday school teacher and also served as the Sunday School Superintendent for 20 years. Roy and his loving and supportive wife, Peggy, have three children, Mark Johnson (Lisa), Jan Powell (Don) and Angela Moore (Willie) and three grandchildren, John, Meredith and Madison. 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, extend our most sincere gratitude to Reverend Roy Johnson, for his 12 years of service coordinating the pastors each month, and for the service he continues to provide our All -America City; and BE IT FURTHER RESOLVED that we also extend our best wishes for God to continue to richly bless Roy, his family and ministry, for many years to come. his the 12°a day of Xovember, 2019. Oscar N. Harris, Mayor ATTEST: Tammy Williams, City Clerk i bca" ';: U 13 D 0" L N' " N"' All -America C14 'it, ot All -America City '• � l 'y o Agenda '1 1. 1 Form IM sCity C yii 4is��P,J 1 1 +Y�.�' 1989 * 2013 1989 * 2013 SUBJECT TITLE: Presentation to Dunn United Ministerial Association (DUMA) Presenter: Mayor Harris • Description: Proclamation PURPOSE: A Proclamation will be presented to DUMA in appreciation for their contributions to the City of Dunn. BACKGROUND: BUDGET IMPACT: RECOMMENDATIONIACTION REQUESTED: W=] north caxnlina DUN? UNN RllAmaricaClty city of dun. mr re nm ntnni 7naiterr f �) 1989(2013 Cefebrating the Dunn vnitedWinisteria(Association WHEREAS, the Dunn United Ministerial Association (DUMA) was established in an effort to help the stranded and those in need in our community, and today, DUMA's mission remains, "pastors partnering together to help provide financial assistance to individuals in the community'; and WHEREAS, longtime Pastor, Danny Meads, meets with individuals and families and administers financial assistance on behalf of DUMA, a role he has been serving in since 2013. This role was handled for many years by the late Archie Wood, who also served the organization as Treasurer. Gene Love filled the role in the interim after Mr. Wood; and WHEREAS, DUMA partnered with Mayor Oscar N. Harris as he served his second term in office and started the Mayor's Prayer Breakfast, with the 26" annual breakfast being held in May of this year. Over the years, DUMA has been able to raise more than $130,000 to help with the benevolence fund through this breakfast held cacti year on the National Day of Prayer; and WHEREAS, DUMA further united the Dunn area churches to establish a community food pantry to combine resources and better meet the needs of the community these churches serve. Todd Snyder assisted in the development of the pantry and continues to serve as the Food Pantry Director; and WHEREAS, with assistance from the City of Dunn, DUMA applied for and received its own 501(c)(3) nonprofit status in 2014 to better equip the organization in fundraising, handling the food pantry and providing assistance to those in need. The current Board of Directors for DUMA are Reverend Thu Rice — President, Reverend Len Keever— Vice President, Danny Meads — Secretary, Charlie Carpenter— Treasurer, Hank Bethca, Linda Hayes, Mike Williams and Nancy Wright; and WHEREAS, in an effort to better equip Pastors in their role to help those in need, DUMA reached out to other non-profit organizations to learn of the services they offer; and then, to better promote these organizations and inform our citizens, they provided a platform allowing each of the organizations an opportunity to explain their many services; and WHEREAS, DUMA coordinates the annual Community 'Thanksgiving Service, which rotates to a different church each year; the annual Easter Sunrise Service in the Greenwood Cemetery; and has worked on various other community -wide events and projects throughout the years including many years of participation in the General William C. Lee Celebrations' Evening in the Park. 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, extend our most sincere gratitude to the Dunn United Ministerial Association for all your efforts to enhance our community and to improve the lives of the many individuals and families that you have helped through the years; and BE IT FURTHER RESOLVED that we also wish DUMA much success in the future as you continue to be a light in our All -America City by showing the love of Christ as you fulfill your purpose and follow our Lord's greatest commandment, to "love one another. As I have loved you, so you must love one another:" Olins tfie 121r, day of.Nolvinber, 2019 Oscar N. Harris, Mayor AI"TES'T; Tammy Williams, City Clerk Agenda 'fie' i'` DUNN " D U__U UNN jjjj� City Council 13 ,,, , a= Date: b �' 1989 * Y, SUBJECT TITLE: Presentation to Robert B. Carr Presenter: Mayor Harris Attachment: Yes X No Description: Public Hearina Advertisement Date: PURPOSE: Mayor Harris will present the Order of the Long Leaf Pine Award to Robert P. 'Bobby" Carr on behalf of North Carolina Governor, Roy Cooper. BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: DUNN 'g ( DAll-America City " i t , " r d 1, 11.1 All -America City akw City Council Agenda Meefilli4 g • November 1 1989 * 2013 1989 * 2013 SUBJECT TITLE: Dunn Police Department's Citizens Police Academy Presenter: Chief Chuck West Department: Police Attachment: Yes X No Description: Program to Foster Community Involvement Public Hearing Advertisement Date: PURPOSE: To recognize and/or award the participants of the Dunn Police Department's Citizen Police Academy. Participants: Alexander Agosto, Glenda Danley, Carolyn Elmore, Pat Fitzgerald, Wesley Johnson, Heather Lawson, Gary Norris, Sharon Stevens, and Bill Turner. BACKGROUND: The Dunn Police Department's Citizen's Police Academy is an 8 -week program designed to enhance community relationships by familiarizing academy participants with the Dunn Police Department, and other departmental services provided by the city. The primary focus of the academy is to show participants firsthand the daily responsibilities and expectations that dedicated employees carry out. The Citizens Academy consisted of eight class sessions, on Thursday nights from 6PM-8PM. Class attendees' submitted applications to participate and represented all areas of the Dunn community. Academy sessions were a blend of traditional classroom time, demonstrations, and safe student participated in scenario -based training exercises. This was an excellent opportunity to learn more about the Dunn Police Department, its programs, and get to personally know the officers that keep your community safe. • Part of the Community Enhancement Team • Greatly Improves Citizen Awareness, Support and Understanding • Forms Lasting Partnerships • Fosters Interest in the Police Department • Will Serve as a Positive Recruitment Outlet • Affords Increased Transparency BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: 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 Continent 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 Cleric 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 (3 0) 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 Continent 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. 11. 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. i 49161- DDUNN All -America City All -America Cilyg f City Council Aenda Form 1111[f g Meeting Date: November �, g ii ti v 8 0 13 SUBJECT TITLE: Consideration of Ordinance to Demolish House — 411 E. Surles St. PIN #:1516-88-7734.000 Presenter: Chief Building Inspector Steven King Department: Planning and Inspections Attachment: NYes ❑ No Description: Notice of Public Hearing Public Hearing Advertisement Date: 11/01/19 and 11/05/19 .� 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 Harold Moultrie at 411 E, Surles St. The public hearing was duly advertised on November 1st, 2019 and November 5th, 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 NOVEMBER 12, 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 TIE STRUCTURE LOCATED AT 411 E. SURLES 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), HAROLD MOULTRIE 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 SEPTEMBER 12, 2019 IN REFERENCE TO THE STRUCTURE LOCATED AT 215 N. LEE AVE. 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), RACHEL BRINKLEY AND ADOLPH BRINKLEY TO REPAIR OR DEMOLISH SAID DWELLING. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE TITE 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 28, 2019 IN REFERENCE TO THE STRUCTURE LOCATED AT 700 LINCOLN 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), BARBARA M. ELLIOTT TO REPAIR OR DEMOLISH SAID DWELLING. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE TIE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE TILE DWELLING REMOVED AND ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY. ALL PERSON DESIRING TO BE HEARD, EITHER FOR OR AGAINST THE PROPOSED I"TEMS SET FORTH ABOVE, ARE REQUESTED TO BE PRESENT AT THE ABOVE MENTIONED TIME AND PLACE. STEVEN KING CHIEF BUILDING INSPECTOR CITY OF DUNN Advertise: Nov. 1st, and Nov. 5", 2019 �— north carolina UUNN cite of dune PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3505 • FAX (910) 230-9005 www.dunn-nc.org ,,re] i, i L„ C Harold Moultrie 64 Albermarle St. Spring Field, MA 01109 To Whom It May Concern: LOCATION OF STRUCTURE: 411 E. Surles St. (PIN #: 1516-88-7734.000) 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, November 1211h, 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 structure. This is the 31" day of October, 2019. Steven King Chief Building Inspector, City of Dunn r _w D p Agenda s Y a sa �, i Date: November u. p s _ 0 :- V 1 SUBJECT TITLE: Consideration of Ordinance to Demolish House — 700 Lincoln St. PIN #:1516-97-5347.000 Presenter: Chief Building Inspector Steven Ki Department: Planning and Inspections Attachment: WYes ❑ No Description: Notice of Public Hearing Public Hearing Advertisement Date: 11/01/19 and 11/05/19 0112cli i 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 Jada S. Wiggins at 700 Lincoln St. The public hearing was duly advertised on November 13t, 2019 and November 5th, 2019. AMOTMT610� BUDGET IMPACT: RECOMMENDATIONIACTION 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 NOVEMBER 12, 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 STRUCTURE LOCATED AT 411 E. SURLES 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), HAROLD MOULTRIE 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 SEPTEMBER 12, 2019 IN REFERENCE TO THE STRUCTURE LOCATED AT 215 N. LEE AVE. 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), RACHEL BRINKLEY AND ADOLPH BRINICLEY 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 28, 2019 IN REFERENCE TO THE STRUCTURE LOCATED AT 700 LINCOLN ST. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CI'T'Y OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160A— 428. AN ORDER WAS ALSO PLACED TO OWNER(S), BARBARA M. ELLIOTT 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: Nov. I", and Nov. 5111, 2019 north carolina LW'DUNN city of dunn PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 m DUNN, NORTH CAROLINA 28335 (910) 230-3505 ° FAX (910) 230-9005 www.dunn-nc.org • Jada S. Wiggins P.O. Box 333 Erwin, NC 28339 To Whom It May Concern: LOCATION OF STRUCTURE: 700 Lincoln St. (PIN #: 1516-97-5347.000) Mayor Oscar N. Harris Mayor Pro Tem Frank McLean Council Members Buddy Maness Dr. Gwen McNeill Billy Tart Chuck Tu nage 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, November 12th, 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 structure. This is the 31St day of October, 2019. Steven King Chief Building Inspector, City of Dunn D D City/ Council AFormgenda r 1999 * 2013 Meeting o- e.g D.a a November 12, ii SUBJECT TITLE: Consideration of Ordinance to Demolish House — 215 N, Lee Ave. PIN #:1516-95-5824.000 Presenter: Chief Building Inspector Steven Kin Department: Planning and Inspections Attachment: EYes ❑ No Description: Notice of Public Hearing Public Hearing Advertisement Date: 11/01/19 and 11/05/19 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 Rachel Brinkley and Adolph Brinkley at 215 N. Lee Ave. The public hearing was duly advertised on November 18t, 2019 and November 5th, 2019, BUDGETIMPACT: RECOMMENDATION/ACTION REQUESTED: LEGAL NOTICE NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF TIS, 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 NOVEMBER 12, 2019 IN THE COURTROOM OF THE DUNN MUNICIPAL BUILDING. TEE FOLLOWING ITEMS WILL BE DISCUSSED. PUBLIC HEARING: (1) A HEARING WAS HELD ON MAY 24, 2019 IN REFERENCE TO THE STRUCTURE LOCATED AT 411 E. SURLES ST. AT SAID DARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF TD CITY OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160A — 428. AN ORDER WAS ALSO PLACED TO OWNER(S), HAROLD MOULTRIE 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 TIIE PROPERTY. (2) A HEARING WAS HELD ON SEPTEMBER 12, 2019 IN REFERENCE TO THE STRUCTURE LOCATED AT 215 N. LEE AVE. 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), RACDL BRINKLEY AND ADOLPH BRINKLEY TO REPAIR OR DEMOLISH SAID DWELLING. TO DATE, NO RESPONSE IIAS BEEN MADE. THEREFORE, IT WILL GO BEFORE TEE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE TD DWELLING REMOVED AND ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY. (3) A HEARING WAS HELD ON AUGUST 28, 2019 IN REFERENCE TO THE STRUCTURE LOCATED AT 700 LINCOLN ST. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW TEAT THE PROPERTY IS IN VIOLATION OF TIIE CITY OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160A — 428. AN ORDER WAS ALSO PLACED TO OWNER(S), BARBARA M. ELLIOTT 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 TIIE 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: Nov. I", and Nov. 5", 2019 north Carolina E IL 111 UW ..UNN cit3, of diinn PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 ^ DUNN, NORTH CAROLINA 28335 (910) 230-3505 • FAX (910) 230-9005 www.dunn-nc.org • Rachel Brinkley C/O Adoph Brinkley 213 N. Lee Ave. Dunn, NC 28334 To Whom It May Concern: LOCATION OF STRUCTURE: 215 N. Lee Ave. (PIN #: 1516-95-5824.000) Mayor Oscar N, Harris Mayor Pro Tern Frank McLean Council Members Buddy Maness Dr. Gwen McNeill Billy Tart Chuck Turnage Dr. David L Bradham. City Manager Steven Neusclwfer You are hereby notified that a Public Hearing will be held before the City Council of the City of Dunn at its Tuesday, November 12th, 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 structure. This is the 31" day of October, 2019. Steven King Chief Building Inspector, City of Dunn DUNN LWU DONN All -America Ci� ljjjj� City Council gn eeNovember is SUBJECT TITLE: Minutes — October 15, 2019 Presenter: Attachment: X Yes No Public Hearing Advertisement Date: PURPOSE: BACKGROUND: BUDGET IMPACT: RECOMMENDATIONIACTION REQUESTED: Motion to approve the October 15, 2019 Minutes as presented. October 15, 2019 Minutes MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Tuesday, October 15, 2019 at 7:00 p.m. in the Duma 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: City Manager Steven Neuschafer, Assistant Chy, Manager Mathen, 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, Human Resources Director Anne Thompson, Librarian Mike Williams, Communhy Planner Tasha McDowell, Administrative Support Specialist Connie Jernigan, Communications Coordinator Kahlin Adkins, Attorney Tilghman Pope, and Chy Clerk Tammy Williams. Guests recognized by Mayor Harris: Council Members Elect April Gaulden and Wes Sills; Ronnie Aut3; farmer City Manager, and Emily Weaver Tvith The Daily Record INVOCATION Mayor Harris opened the meeting at 7:00 p.m. and Reverend Gerald Blake gave the invocation. Afterwards, the Pledge of Allegiance was recited. Mayor Harris congratulated those who were newly elected and re-elected to the Council. AGENDA ADJUSTMENT AND APPROVAL Motion by Council Member Turnage and second by Council Member Tart to adopt the October 15, 2019 meeting agenda with changes as listed below. Move Agenda Iter 17: Proclamation — Veteran's Day to 9a under Presentations Motion unanimously approved. PRESENTATIONS: Friends Fighting Cancer: Turn Pink October 25, 2019 Mayor Harris presented a Proclamation to Robbie Tart, President of Friends Fighting Cancer, in honor of the Formic Godwin's Laps for Life Celebration and "Dunn Goes Pink Day" on October 25, 2019. Several other representatives from Friends Fighting Cancer were in attendance dressed in pink. 'City Hall was also lit in pink. A copy of this Proclamation (P2019-16) is incorporated into these minutesas Attachment #2. New Employee Introductions The following employee was Inspections Department. Achievement fm presented the 9" Roberts Veterans Day Proclamati, Mayor Harris presented th( the American Legion Post Foreign Wats 6767 and C P2019-17) is incorporated to the Council: 'Stephen D. Hodges, Code Enforcement Officer with the nancial Reporting ificate of Achievement for Excellence Award to Finance Director Jim comprehensive annual financial report for the year ended June 30, 2018. clamation recognizing November 11, 2019 as Veterans Day in Dunn to representatives of He recognized all veterans in the audience including representatives from Veterans of it Members Turnage, McLean and City Manager Neuschafer. A copy of Proclamation these minutes as Attachment#3. Mayor Harris recessed the meeting at 7:28 p.m. and reconvened at 7:30 p.m. Retiree Insurance — Medicare eligible Human Resources Director Thompson and Jody Fortune, representative with Synergy Benefit Advisors, shared options and cost of providing insurance to 65 and older, Medicare eligible retirees. After discussion, Fortune agreed to send a letter informing retirees that changes can be made to their plan at enrollment time. PUBLIC COMMENT PERIOD The Public Comment Period was opened by Mayor Harris at 7:58 p.m. Having no comments, the Public Continent period was closed. Mayor Harris recessed the meeting for Public Hearings at 7:58 p.m. PUBLIC HEARINGS: Proposed Economic Development Incentive Agreement with Pallet Consultants of North Carolina, Inc. Mayor Harris opened the 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, up fit and reuse the industrial building located at 2 Dusan Road, Dunn NC, in order to establish and operate a pallet manufacturing facility. The public hearing was duly advertised on October 3, 2019. Hearing no comments, the public hearing was closed at 7:59 p.m. A copy of the legal notice is incorporated into these minutes as Attachment #4. USDA Loan Application — Purchase of Police/Water and Sewer/Public Wo•ks/Parhs and Recreation Equipment and Vehicles Mayor Harris opened the public hearing concerning securing loans/grants from the United States Department of Agriculture, Rural Development to obtain sufficient funds for the purchase of four police vehicles and related equipment, a leaf vacuum and collection box, two mowers, a bunker and field rake for Public Works, Parks and Recreation and Water and Sewer Departments. The public hearing was duly advertised on October 2, 2019. Hearing no comments, the public hearing was closed at 8:00 p.m. A,copy of the, legal notice is incorporated into these minutes as Attachment 95. Ordinance Amendment OA -01-19; Section 18 of the Code of Ordinances - Mayor Harris opened the public hearing to amend. Section 18 of the Code of Ordinances to amend Solid Waste Management per General Statute requirements. The public hearing was duly advertised on October 4 and October 8, 2019 Hearing no comments, the public hearing was closed at 8:01 p.m. A copy of the legal notice is incorporated into these minutes as Attachment #6. Consideration of Ordinance to Demolish House — 404 E Townsend St Mayor Harris opened the public hearing 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 1, 2019 and October 8, 2019. Comments were heard from Bary Hoyle of Hoyle Properties asking that the Council grant an extension. Comments were also given by Chief Building Inspector King.. With no further comments, the public hearing was closed at 8:18 p.m. A copy of the Legal notice is incorporated into these minutes as Attachment #7. Consideration of Ordinance to Demolish House—704 E Divine St Mayo' Harris opened the public bearing concerning the condemnation and demolition of the single-family structure owned by Rosa 'Lee .Coxum c/o Delores Thompson at 704 E Divine St. The public hearing was duly advertised on October 1, 2019 and October 8, 2019. Hearing no continents, the public hearing was closed at 8:19 p.m. A copy of the legal notice is incorporated into these minutes as Attachment #7. Consideration of Ordinance to Demolish House —309 E Harnett St Mayor Harris opened the public hearing concerning the condemnation and demolition of the single-family structure owned by Will Covington at 309 E Harriett St. The public hearing was duly advertised on October 1, 2019 and October 8, 2019. Hearing no comments, the public hearing was closed at 8:20 p.m. A copy of the legal notice is incorporated into these minutes as Attachment V. Consideration of Ordinance to Demolish House -123 Spring Branch Rd Mayor Han -is opened the public hearing 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 1, 2019 and October 8, 2019. Hearing no comments, the public hearing was closed at 8:21 p.m. A copy of the legal notice is incorporated into these minutes as Attachment V. Conditional Use Permit CU -01-19; DeAngelo Jackson (applicant); Anchor Properties of Raleigh LLC (owner) PIN # 1506-89-9238.000; 1107 Erwin Rd Mayor IIarris opened the public hearing to hear the 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, The Public Hearing was duly advertised on September 17, 24, and October 1, 2019. Mayor IIarris yielded to City Attorney Pope. City Attorney Pope introduced Case # CU -01-19, a request by DeAngelo Jackson, for a Conditional Use Permit to allow for a Certified Adult Day Care at 1107 Enrin Road The property is .currently zoned O&I, Office and Institutional Dish•ict. The hearing on this matter is judicial in nature and will be conducted in accordance with special due process safeguards. He further asked that all persons who wish to testify in this case, please approach the poothun to be sworn in or to give affirmation. Swearing -In: Cio,Attorney Pope administered oaths to: George Adler, City Planner DeAngelo Jackson, applicant Explanation of Proceeding City Attorney Pope explained in this hearing, ire ivill first he and their witnesses, and then from opponents to the reque testifies when questions are called fort Ifyou want the Coum the witness who is familiar with the evidence should ask that We cannot accept reports from persons who are not herr testimony but may simmnarize then client's case. Before you record. I now open the hearing on Planner Adler. Testimony;: from City Platin City Planner Adler asked to a City Attorney Pope accepted Planner George Adler, then from the applicant nay cross-examine witnesses after the witness see written evidence, such as reports, maps, or exhibits, introduced during or at the end of his or her testimonj) testify. Attorneys who speak should not give factual w your testimon)J please clearly identfy yourselffor the Permit Application and ask for testimony f-om City Staff Report, Application, and Findings of Fact offrndings offact, which is to be considered at a later thne. City Planner Adler referred to page I of the Staff Report. The property is at 1107 Erwin Road and is approximately 1.06 acres. It is approximately .5 miles from the hospital and a bit further from the intersection of Broad Stand US 421. It has public services with water and sewer• supplied by the City of Dunn. The property is currently zoned office and institution, and the one addition that is requested is certified adult daycare. The current use in the immediate area is O&I according to Attachment 1. Most of the property south and across the street is 0&1. Adjacent to the west is R-20, which is currently a field, and across the street is R-10 which is residential with O&I beside it to the east, with current use residential. Referring to two pictures in Attachment 2: one is looking north toward property from Erwin Rd and one is looking across Erwin Road toward Cherry Lane, Attachment 3 shows views from drive looking northeast down Erwin road and from drive looking southwest across neighboring parcel. Attachment 4 shows the future land use plan created in 2005 and is indicated in the circle as residential at that time. Between 2005 and 2017, there was a rezoning that changed some of these properties to O&I. The use of the property as a certified adult day care will not increase traffic or activity. Previously the building was used as an office building and it has been vacant for a short period of time after a storm. City Attorney Pope asked if there are any questions for the city planner. Council Member Maness asked if the current use is residential. City Planner Adler responded no but that there is a resident next door and further confirmed the building has been vacant since the storm but was previously used as an office building. Council Member Turnage asked if by granting the request, we would be adding to the existing ordinance of O&I or just this specific property. City Planner Adler confirmed the conditional use would just be for this property. Ctfy Attorney Pope asked if there were any additional questions for the city planner. With none, he stated that we will now hear from the applicant and other proponents. Applicant's Testimony DeAngelo Jackson, owner of Walk by Faith Adult Heath & Day Care, stated that the business has been operating at 1004 W Broad St for S years and they are currently looking to move the business to 1107 Erwin Rd. CioJ Attorney Pope asked if an,one had questions for the applicant. City Attorney Pope stated that there is a recommendation that if the lot should be striped and wheel stops included. He asked Mr. Jac applicant. Mr. Jackson replied that it was. City Attorney Pope stated that we will now hear from people Cit) Attorney Pope asked if there were any f n-th opponents. Once the public hearing is closed, , introduced after the public hearing is closed. If be placed on granting the conditional use permit applicant must be asked at this time, if he will v use permit. Mayor Harris asked if any were not. Council Member Maness asked if as a cert that something based on the specific use o other legal requirements, whether you alloys With no further conditions, motion was nu public hearing at 8:01 p.m. for Conditional notice is incorporated into these minutes as Mayor Harris reconvened the council sessic CONSENT ITEMS. use I is an there were that the parking In for you as an from council members for the applicant, proponents or any is will be for clarification only. No new evidence may be wishes for the applicant to consider any other conditions to he one that has ab•eady;been agreed to by the applicant, the ccept the conditional limitation for granting the conditional made by the planning board and City Attorney Pope replied that there Red adult day care, will the facility have to be handicapped accessible, or is the property. Pope replied that the property will have to comply with any the condition or not, to operate a licensed day care. Mayor Pro Tem with second by Council Member McNeill to close the aurit CU -01-19. Motion unanimously approved. A copy of the legal iinent #8. at 8:32 p.m. Approval of the minutes of Special Call Meeting September 10, 2019, 3:00 p.m. Approval of the minutes of the September 10, 2019 Council Meeting. Approval of the Resolution Urging Residents to Observe a safe and courteous Halloween. A copy of Resolution (R2019- 26) is incorporated into these minutes as Attachment U. Approval of Temporary Blocking of Streets for the annual Christmas Tree Lighting. Approval of Temporary Blocking of Streets for the annual Customer/Community Appreciation Day hosted by Another Barber Shop on November 23, 2019. Proclamation — National Friends of Libraries Week A copy of Proclamation (P2019-18) is incorporated into these minutes as Attachment #10, Approval to appoint Linda James to the Cemetery Advisory Board for term ending June 30, 2022 Approval to ratify the decision to pursue a Public Nuisance Lawsuit against Donald J. Lee, owner of the real property located at 609 W Johnson St in Dunn NC. Motion by Council Member Tart and second by Council Member Bradham to approve all consent items. Motion unanimously approved. ITEMS POR DISCUSSION AND/OR DECISION.- Economic ECISION. Economic Development Incentive Agreement with Pallet Consultants of North Car Economic Development Incentive Agreement with Pallet Consultants of North Caroli City Manager Neuschafer, In the incentive package: PCNC, in addition to a direct in creating approximately 50 full-time jobs at an average wage of $38,360 per year ia coverage (paying at least 50%). The investment is projected to be at $3.7 million. package will include 5 annual grants (estimated to be a total of $76,534 over the 5 -year City ad valorem taxes paid by PCNC over the 5 -year period and based on thetheirperforr The same agreement is being considered by the County of Harnett. After discussion, motion by Council Member Turnage and second by.. Council enter into an Incentive Agreement between the City of Dunn and Pallet Co unanimously approved. A copy of Resolution (R2019-27) is incorporated inti USDA Loan Applications — Purchase of Equipment for City and Water/Se Finance Director Roberts presented request to secure two loans/grants in the r Department of Agriculture (USDA), Rural Development for the purchase of Sewer Department—enterprise fund, and for the City of Dunn Public Works, P ina, Inc. (PCNC) was presented by vestment in the tax base, will be nd providing employee insurance The proposed economic incentive period), not to exceed 80% of the nance as related to the agreement. Maness to adopt the Resolution to of North Carolina, Inc. Motion inittes as Attachment #11. Departments and Police Cars int of $475,000 from the United States pnent and vehicles for the Water and aton,and Police Departments. Motion by Council Member Bradham and second by Council Member McNeill to approve the resolution agreeing to apply for financial assistance from USDA for a loan/grant in the amount of $475,000. Motion unanimously approved. A copy ofResohdion (R2079-28) is incorporated into these minutes as Attachment #12. Ordinance Amendment OA -01-19; Section 18 of the Code of Ordinances Chief Building Inspector Ding presented request to amend Section 18 of the Code of Ordinances Solid Waste Management per general statue requirements. The ordinance is being amended to include additional definitions and revisions to height requirements of weeds, vegetation, grasses or bushes, etc. The new language allows the City to address unsafe trees, and would reduce weeded lot infi'actions from 12 inches to 8 inches, to allow the City to cite the property sooner, so the weeds do not get so high before being mowed. The other change would reduce mowing for vacant lots over 1 acre to only include 150 feet from any structure or right-of-way. After concerns were expressed and further discussion, motion by Council Member Maness and second by Council Member Tannage to 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. as presented, with the exception of 18-2(c). A copy of Ordinance Amendment (0A=01-19) 02019-10 is incorporated into these minutes cis Attachment #13. Motion unanimously approved. Ordinance to Demolish House—404 E Townsend St, PIN If 1516-87-9495.000 Chief Building Inspector Ding presented, for consideration, ordinance to demolish house at 404 E. Townsend St. Based upon his observations, the structure is unsafe and has been condemned in accordance with G.S. §160A-426. He father stated that, if adopted, the owner would have 30 days before it will be demolished. After discussion, motion by Council Member Maness and second by Mayor Pro Tem 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). Motion unanimously approved. A copy of Ordinance (02019-11) is incorporated into these minzttes as Attachment #14. Ordinance to Demolish House — 704 E Divine St, PIN # 1516-75-7246.000 Chief Building Inspector King presented, for consideration, ordinance to demolish house at 704 E Divine St. Based upon his observations, the structure is unsafe and has been condemned in accordance with G.S. §160A-426. Motion by Council Member McNeill and second by Mayor Pro Tem to adopt the ordinance directing the Building Inspector to proceed with the demolition of the dwelling located at 704 E Divine St (PIN it: 1516-75-7246.000). Motion unanimously approved. A copy of Ordinance (02019-12) is incorporated into these minutes as Attachment #15, Ordinance to Demolish House -309 E Harnett St, PIN # 1516-77-5457.000 Chief Building Inspector I{ing presented, for consideration, ordinance to demolish house at 309 E Harnett St. Based upon his observations, the structure is unsafe and has been condemned in accordance with G.S. §160A-426. Motion by Council Member Bradham and second by Council Member McNeill to adopt the ordinance duetting the Building Inspector to proceed with the demolition of the dwelling located at 309 E Harnett St (PIN #: 1516-77-5457.000). Motion unanimously approved. A copy of Ordinance (02019-13) is incorporated into these urinates as Attachment #16. Ordinance to Demolish House —123 Spring Branch Rd, PIN # 1516-74-52821000' Chief Building Inspector Icing presented, for consideration, ordinance to demolish structure 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. Motion by Council Member Tart and second by Council Member McNeill 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). Motion unanimously approved. A copy of Ordinance (02019-14) is incorporated into these minutes as Attachment #17. Conditional Use Permit CU -01-19; DeAngelo Jackson (applicant); Anchor Properties of Raleigh LLC (owner) PIN # 1506-89-9238.000; 1107 Erwin Rd City Planner Adler presented request received from DeAngelo Jackson for a conditional use permit to operate a Certified Adult Day Care at 1107 Erwin Rd. This property is currently zoned O&I, Office & Institutional District. The planning board met on September 24, 2019 and recommended in a 4-0 vote to approve this request. Additional condition agreed upon by the applicant is that the parking lot should be striped and wheel stops included. Motion by Council Member Tunage and second by Council Member Bradham to grant DeAngelo Jackson the conditional use permit CU -01-19 at 1107 Erwin Rd based on the evidence presented and the findings of facts together with the condition that the parking lot should be striped and wheel stops included. Motion unanimously approved. A copy of evidence submitted in addition to the Findings of Fact:- CU -01-19 is incorporated into these minutes as Attachment #18 Mike Slusser with Davis Martin Powell Engineers and Surveyors presented recommendation for the Council to consider awarding construction contracts for water, sewer, and street improvements on N Orange Avenue between W Barrington Street and W Granville Street. 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 L.orman 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, Funds were. appropriated within the 2019-2020 Water & Sewer Operating Budget. Motion by Council Member Turnage and second by Council Member Maness to 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. Motion unanimously approved. Financial Report/Assessments Update Finance Director Roberts provided the following financial report for the period ending September 30, 2019: General Fund is at $3,192,573 and $2,337,755 in the Water -Sewer Fund, Through September of 2018, General Fund had $2,596,447 with $2,459,827 in the Water and Sewer Fund, With Both Fund Balances combined, the City has $474,054 more than for tine same period last year. • Property tax receipts frthe 2019 year are approximately $575,166. Estimate for the 2019 year is $3,750,000. • Sales Tax Revenue for the month of July was $205,010. • Utilities Sales Tax report for the last Quarter is due $167,512. • Building Permit Fees for September were $14,210 for a total collected for the year of $37,567 or 47% of budget. Water and Sewer Revenues for the month of September were $496,368. Total to date collected is $1,559,866 or 27.9% of budget. Expenditures are at $3,277,542 or 30.68% of budget in the General Fund. The Water and Sewer Fund has spent $1,239,684 or 24.72% of budget. The benchmark for this period is 25% of budget. He also presented the Assessments Update. Motion by Mayor Pin Tem and second by Council Member McNeill to acknowledge receipt of the Financial Report and Assessments Update. Motion carried unanimously. ADMINISTRATIVE REPORTS Reports received: Planning and inspections Report, Public Works Report, Public Report, Library Report and Police Report. Motion by Council Member Maness and second by Council Member McNeill tof Reports. Motion unanimously approved. City Manager's Report No additional report. ANNOUNCEMENTS/INFORMATION Mayor Harris announced upcoming events and activities. Proclamation in honor of the 60" Anniversary of First Federal incorporated into these minutes as Attachment 91. With no further business to discuss, motion by meeting at 9:14 pan. Motion unanimously apt Parks and Recreation receipt of Administrative this Proclamation (P2019-15) is McNeill and second by Mayor Pro Tent to adjourn the Attest: Oscar N. Harris Mayor _44-1 , � W�M_ D U- N" - N' � �__N T11.1i City Council Agenda i 2019 1989 * 2013 1989 * 2013 Meeting Date: November 12, SUBJECT TITLE: Proclamation — 25th Anniversary of Habitat for Humanity of Harnett County Presenter: Mayor Harris Gov Body Attachment: X Yes No I Description: Proclamation Public Hearino Advertisement Date: PURPOSE: Proclamation presented to Habitat for Humanity of Harnett County at the celebration of the organization's 25th Anniversary. BACKGROUND: BUDGETIMPACT: RECOMMENDATIONIACTION REQUESTED: Duh enrntinn D>�N IL-UNN AIFAmetleaBlllr aeracitr� of dorm r/✓////✓�� 1 t cmnnti mallets e J : . 1989 i(2012 Recognition of the 25th Anniversary of 9fabitat forMunnanity WHEREAS, Habitat for Humanity of Harnett County was born in 1992 when Carrell Robinson, a member of the Dunn City Council at the time, was concerned with the need for affordable housing in Dunn and Harnett County. After discussions and research with City officials, Mr. Robinson approached then Harnett Commissioner Beatrice Hill, along with James Bales and Jerry L. McSwain, and the first organizational meeting was held that same year in Lillington; and WHEREAS, the original Board of Directors were Jerry McSwain—President, Carvell Robinson—Secretary, Oscar N. Harris—Treasurer, James Bales, Adriene Bell, Waymon Byrd, Joseph M. Giles, Jr., Beatrice Hill, Wanda Jones, Clement C. Medley, Jr., Wayne Oakes, W. N. Porter, Stuart Surles and Leonore Tuck; and WHEREAS, from that point, everything moved quickly, as other community members joined forces to form Habitat for Humanity of Harnett County. The organization was incorporated on February 2, 1993 and the first home was built in 1994 on West Granville Street in Dunn. Habitat's first Executive Director, the late Mr. Bill Cunningham, worked hard with its board to raise funds and fulfill Habitat's mission; and WHEREAS, through collaboration with local businesses, professionals, entrepreneurs, financial institutions, churches, civic and service organizations, as well as individuals who provide expertise, financing and volunteers; Habitat for Humanity has exceeded expectations in developing and building affordable housing for deserving persons in Harnett County; and WHEREAS, Habitat, in partnership with veterans organizations, has also developed and built several homes for qualifying veterans; and WHEREAS, by Harnett County and municipal governments gifting lots, waiving fees, and encouraging citizens to support this great organization, Habitat for Humanity has been allowed to expand exponentially; and WHEREAS, through partnerships with homeowners, volunteers, and sponsors, Habitat not only builds homes, but also relationships and neighborhoods, where families in our local communities are offered a better life, and are able to realize the American dream of home ownership; and WHEREAS, since 1993, Habitat has completed 19 homes in Harnett County, refurbished one home and is currently working on another home in Erwin. In 2000, Habitat for Humanity of Harnett County opened its Restore, now located at 101 West Harnett Street in Dunn; and WHEREAS, the ReStore collects donations of household goods, furniture, and construction materials to sell these gently used items at affordable prices; providing a source of income for Habitat, and also reducing the amount of waste being dumped in the Harnett County landfills each year, by recycling of these materials. NOW THEREFORE BE IT RESOLVED, I, Oscar N. Harris, Mayor of Dunn, North Carolina, and on behalf of the City Council and residents of Dunn, congratulate Habitat for Humanity of Harnett County, its Board of Directors, Executive Director Mike Blackmon, staff, volunteers and contributors, on this 25" Anniversary Celebration, and urge all residents of the City of Dunn and the surrounding area to support this worthwhile organization; and BE IT FURTHER RESOLVED that we wish to express our sincere appreciation for the significant impact Habitat has made to our City and County, for improving our communities, while providing affordable homes for hardworking families. 9his the 2PA day cQ1�Har,,, �arlay r ATTEST: Clerk 1 D 11 `1 ° All -America City it, 'f d',,, All -America Gi� p nn MeetinDate: November 12, 2 a �,. J 1989 * 2013 1.1 City Council Agenda Form 11111.11 SUBJECT TITLE: Proclamation — 90th Birthday of Cassie Brown Presenter: Mayor Harris Department: Gov Body Attachment: x Yes No Description: Proclamation Public Hearing Advertisement Date: PURPOSE: Proclamation presented to Cassie Brown in recognition of her 90th Birthday — celebration was held on November 2, 2019. BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Lei north carolina DUNN ®DUNNAli Nmariea Gid city, of duan xr4re contntuni maiierr ® 1989' 2013 Cele6rating the 90t' (Birthday of Cassie gown WHEREAS, Cassie Brown will be honored on November 2, 2019 by friends and relatives to celebrate the occasion of her 90t11 birthday; and WHEREAS, Cassie McNeill Brown was born in Cumberland County, North Carolina on November 25, 1929, the 71h child born to Ervin and Luvenia McNeill; and WHEREAS, Cassie McNeill graduated from Shawtown High School in Lillington, North Carolina and married Harvey L. Brown, Sr.; and WHEREAS, Harvey and Cassie had five children, Carrie J. Hollis (Larry), Sharon L. Williams (George), Harvey L. Brown, Jr. (Gwen), Craig D. Brown (deceased) and Dwaine K. Brown (Yolanda); and with Harvey's military career, the family lived in many places such as New York, Kentucky, New Jersey, Japan, and Portugal. Mrs. Brown now has 20 Grandchildren, 50 Great Grandchildren, 7 Great -Great Grandchildren, and 4 Godchildren; and WHEREAS, Cassie Brown spent time as a Stay -at -Home Mom and then later while in New Jersey, she worked at the Electric Company, Alexander's Department Store, and then at Trust Bank, where she retired; and WHEREAS, Cassie Brown was a member of the Mt. Zion Pentecostal Church in New Jersey and then when she relocated to Dunn in December of 1991, she became a member of the Mt. Zion Christian Fellowship Church and went on to earn her Associate Degree in Religious Education at the Christian Outreach Bible Institute in Fayetteville; and WHEREAS, Cassie Brown has lived during the most eventful time of this nation's history and has been a model and inspiration to many, exemplifying love for her family and friends; earning their respect and love. NOW THEREFORE BE IT RESOLVED, I, Oscar N. Harris, Mayor of Dunn, North Carolina, and on behalf of the City Council, on the occasion of the 901h birthday of Cassie McNeill Brown do hereby proclaim November 25, 2019 as "Cassie Brown Day" in the City of Dunn. ghis the 2r° day of %ovelnber, 2019. `4� 1 QOc ar N. Harris, Ma of " ATTEST: V OryWvw� l0.ivw', Tamm Williams ity Clerk Lei DUNN All -America City City/ Council Agenda ti 4.:Form Meeting Date: November 9. a b ,9 9 1999 * 2013 SUBJECT TITLE: Proclamation — Small Business Saturday Presenter: Community Planner McDowell Department: Downtown Development Attachment: x Yes No Description: Proclamation Public Hearina Advertisement Date: PURPOSE: Proclamation in recognition of Small Business Saturday set for Saturday, November 30, 2019, BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: ® north Carolina DUNN baftd -3 L.�NN All -America C" City of Bunn 1 W116re conrniuni ntadtets 1989 * 2013 @../ Smad Business Saturday — .November 30, 2019 WHEREAS, the City of Dunn celebrates our local small businesses and the important role to our local economy and many contributions they make to our community; and WHEREAS, advocacy groups, as well as public and private organizations, across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday since its creation in 2010; and WHEREAS, according to the United States Small Business Administration, there are currently 28.8 million small businesses in the United States, and these small businesses are responsible for 64% of the new jobs created between 1993 and 2018; and WHEREAS, Dunn, being the largest municipality in Harnett County and a downtown associate community of the North Carolina Main Street Program, is proud to participate in this annual celebration of small businesses; and WHEREAS, $68 of every $100 spent at locally owned businesses stay in the community, versus $48 spent at non -local businesses; and WHEREAS, 72% of US consumers are now aware of the holiday and Shopped Small at independently -owned retailers and restaurants in 2018; and WHEREAS, the City of Dunn supports our local businesses that create jobs, boost our local economy and preserve our community, and WHEREAS, among other initiatives and activities, the City's downtown service district, in partnership with the Downtown Dunn Development Corporation, celebrates Small Business Saturday each year, inviting area residents to shop in downtown businesses. NOW, THEREFORE, I, Oscar N. Harris, Mayor of the City of Dunn, and on behalf of the Dunn City Council, do hereby proclaim Saturday, November 30, 2019' as Small Business Saturday and urge the residents of our community, and other 4 communities across the region, to support small businesses and merchants on Small Business Saturday and throughout the year. �iis the 12"f, day of Novetnber, 2019. Oscar N. Harris, Mayor ATTEST: Tammy Williams, City Cleric DUNN 1W_ UNN City Council Agenda Form MeetinNovember ice' . � 1 SUBJECT TITLE: Temporary Closing of Streets for Dunn's Annual Christmas Parade Presenter: City Manager Steven Neuschafer Department: Admin Attachment: XYes No Public Hearinq Advertisement Date: [IlNlib9 l To close W Broad Street at General Lee Avenue to E Broad Street at Elm Avenue from 1:30 p.m, until 3:00 p.m. on Saturday, December 7, 2019 for the Dunn Christmas Parade, Block streets for line-up from 12:30 p.m. until 4:00 p.m. General Lee Avenue from Harnett Primary School to Broad Street; Harnett Street from Orange Avenue to Wayne Avenue; Broad Street from Wayne Avenue to General Lee; and Wayne Avenue from Harnett Street to N Watauga Avenue. BACKGROUND: BUDGET IMPACT: RECOMMENDATIONIACTION REQUESTED: Motion to approve the temporary street closings for the Dunn Christmas Parade. o_ 111■ ■" ■■ �� �- �-����� 1 ■■ __ ■■ ■C ■■ ■■ � III■ ■ tl " 1111■ 11■ .1■■ ■■1 ■ ■■ ■■ „�� 11.1- 1 ■I■ 1�'1�■ ■■ �� �p11 � X11 ■111 ■■ 111': 1 ■■ ■■ ■■ CC �■ ��� ■■■ ��II -111 ■11 1 ■■ ■■ ■■ ■■ ■■ . �■ IIIII� ■1� 111 �■ ■ � , 1 ■■=■■ ■1■ 11■ ■ri11 � i 1111 111■ �l�� . 111■ ■■ G■'■ �■■■ � : ■C 1111 ■■ ■=■Ili 1"■11 ■■ 1111 ■ 111■ ■■"� ■11 ■111 ■f ��lil ' 1111111■ ■ ■11 11 ��� ■ ■111 :� ■ ��� ■■ 11■ ■■ ■ � ��■■°��II■ ■11 ■� ■1■ 111111 1 X11 ■■ ■■ �■ �a ° ■1■ ■■ ■� : 11111 I i1■ :�■ 11■"■■ �� Ali■ ■III • . ■ ■■ 111■ � •11 ■ �■ ■■.111■= �11 ■■ � .: ■■ ° .... 111111 ■I: ■1■ 'llll� ;11111: ■Ili 11■■ :: ,. 1111 111 �l11:!IC J'' �■ "11111!1 d'lll■ 'I • : ■11'11■:11111 � �■ tl■ 11 ��% ■■ I : • IIIi ":1■ ilii :■■ 0�l■111:rm- ■11'= x:11■■ I 1■I !11111 ■�■ '■1■ ■li ■■ ■� I■lig il■ 1111 I1�11 11.■ �!�1151- ■ ■ I 11■1 iii1���� 111■ ■�■ : ■■ ■■ I '111111 � 11■ 11■ ■gyp —C p■1 I • I`II��■ - ''°. 1 . DUNN All -America C14 it, or All-AmericaCity City Council r � z �` Agenda�� " J l 4 fMeeting Date: November 12, 20) 13 • • •�-W��kVLff Presenter: Manager Department: Administration Attachment: X Yes No Description: Request forTemporary Blocking of Alley Public Hearina Advertisement Date: PURPOSE: The Campbell University School of Osteopathic Medicine has made a request to close a portion of the alley, between East Broad Street and Edgerton Street, behind the Stewart Theatre from January 17 through January 18, 2020. They will be holding the CU Community Care Clinic's 5th Annual Mr. CUSOM Pageant at the Theatre and would like to have a 20x20 tent at the back stage door for temporary dressing rooms. BACKGROUND: The Mr. CUSOM Pageant is a fundraiser for the operation of the Community Care Clinic, which serves the underserved and rural population in Harnett County at no cost. This is the fifth year for the pageant and the event raised over $16,000 last year. BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: To approve the temporary blocking of the alley behind the Stewart Theatre as requested. �l CAMPBELL UNWE SITY November 1, 2019 RE: Request for Temporary Alley Closure Mayor Harris and Dunn, NC City Council, I am writing on behalf of the Campbell University Community Care Clinic's 5th Annual Mr. CUSOM Pageant. I am the faculty advisor for this event and have the privilege of working with the medical students to create an evening of family friendly entertainment. Last year the pageant raised over $16,000 for the operation of the free community care clinic. The Clinic serves the underserved and rural population in Harnett County at no cost. This year the pageant is proud to be hosted in Stewart Theatre at 114 N. Wilson Ave, Dunn, NC. The request is to temporarily block off through traffic to the alley running behind Stewart Theatre between E. Edgerton Street and E. Broad Street January 17th through 18th. We would like to set up a 20'x30' tent at the back stage door of the theatre to make a temporary dressing room for the Pageant contestants. (The blue square in the diagram below.) 2�u ,m 5dmal Pl l.fudc CBM d1� TIupM1Y C—Q Saml Moa Lluln n4 f0 I1�'v'IYIe SL+Ie� V J f( j�rlPei:l pF P tll d+ w+o 1. I'll, A. x ' 0e I ��.lmeave tl...e 4 foo bN J+ro lSlom 6oM i yw0 r dcm>"„m,p �IIv;s 11aI, Ce,:,i, ffi n„ PPS 11 I n9 fU++mc[ IOIIPa Co do Pdme ff0°it oAg,+u� ncatl ny Y MIMI(j i' tuo no PUlJ yw0 r dcm>"„m,p CBM1 b� feu `t� USnI: "Cp out n:rsnop 9 Lk �w�a In Mld— �^a fQw Y .p soM+p±Sal�+&UiJS^u mQ Llven �IIv;s 11aI, Ce,:,i, ffi n„ PPS 11 I n9 fU++mc[ IOIIPa Co do Pdme ff0°it oAg,+u� ncatl ny Y CBM1 b� feu `t� USnI: "Cp out n:rsnop 9 Lk �w�a In Mld— �^a fQw Y .p soM+p±Sal�+&UiJS^u mQ Llven Medical Simulation School of Osteopathic Medicine Post Office Box 4280 1 Buies Creek, North Carolina 27506 1 (910) 893-1773 1 medicine.camobeli.edu Leading ivith purpose �IIv;s 11aI, Ce,:,i, 11 I n9 fU++mc[ IOIIPa Co do Pdme oAg,+u� ncatl ny Y Medical Simulation School of Osteopathic Medicine Post Office Box 4280 1 Buies Creek, North Carolina 27506 1 (910) 893-1773 1 medicine.camobeli.edu Leading ivith purpose PBELL Qui fig. UNI V E R S iTY This image shows the satellite view. The blue box is where the tent will be positioned. The requested closure is for January 17th through 18th. The tent will be provided by Table Toppers Event Rental with setup the afternoon of January 17th and removal the morning of January 18th. The production will be the evening of January 17th at 7pm. The Cellar and Sherry's Bakery should still be able to have delivery trucks enter from either side and turn around in the parking spaces. Sincerely, Bert Schmid, MS Medical Simulation School of Osteopathic Medicine Post Office Box 4280 1 Buies Creek, North Carolina 27506 1 (910) 893-1773 I medicine.camobell.edu Leading with pza pose DUNN UNN .'D 1 T Council City Agenda r Meeting Date: November 12, 2019 J 1989 * 2013 1989 * 2013 m� SUBJECT TITLE: Acce nce of Bids and Award Capital Equipment Purchases Presenter: Jim Roberts Department: Finance Depallment Attachment: XYes No Description: Equipment Bid Summary Public Hearina Advertisement Date: PURPOSE: Acceptance of bids and award procurement of capital outlay equipment that does not fall under the State Contract and is budgeted in fiscal year 2019-2020. BACKGROUND: In the October 2019 Council Meeting, City Council approved the action to purchase specific equipment through a USDA loan. Staff requested quotes from various Companies for specific equipment not listed on State Contract. The bid summary is attached. BUDGET IMPACT: Funds have been procured through a USDA loan for equipment budgeted in fiscal year 2019-2020. RECOMMENDATIONIACTION REQUESTED: Recommend that Council approve the procurement of the equipment based on the lowest bid received. Therefore awarding the 80KW Generator to Sanford Electrical Contractors, Tractor with front-end loader to Cumberland Tractor, Mini Excavator to Cumberland Tractor, and the trailer to Trailers Plus of Dunn. CAPITAL OUTLAY ITEMS NOT ON STATE CONTRACT Wastewater Treatment Plant 30-821-7400 Cummins Sales and Service Gregory Poole Ezzell Electric Quality Equipment Clinton Truck and Tractor Public Utilities 30-810-7400 Gregory Poole Quality Equipment 80KW Generator for Food Lion Lift Station (Total Cost without Sales Tax) $43,450.00 $58,640.00 $43.477.35 Tractor with Front-end Loader Mini Excavator (Total Cost without Sales Cost without Sales T Trailer for Mini Excavator (Total Cost without Sales Tax) WE Enterprises Inc. $29,950.00 $33,350.00 $59,713.52 $59,310.00 DUNN th D 111µ * { *IWH S NNAll-America Cily :it, "� d�n" All -America Cilli *a 11l City/ Council Agenda Form L Meeting i n ,�. Date: November may; n �s 9 A� 1 i 13 SUBJECT TITLE: Consider Master Services Agreements for On -Call Professional Services Presenter: City Manager Neuschafer Department: Administration Attachment: X Yes No Description: Request for Qualifications and Master Aareement for On -Call Professional Services Public Hearing Advertisement Date: PURPOSE: To consider Master Services Agreements for On -Call Professional Services as it relates to engineering tasks associated with various City Departments. BACKGROUND: The City is engaged in activities and services, which from time to time, require a broad range of professional services including but not limited to: design, preparation of feasibility studies, preliminary reports, grant writing, land use planning, cost estimating, surveying, mapping and other professional services. N.C.G,S, 143-64.31 requires that municipalities announce all requirements for architectural, engineering, and surveying services, and select firms qualified on the basis of demonstrated competence and qualifications. A Request for Qualifications for Professional Services was published in the Dunn Daily Record on the following date(s): July 26, 2019. A total of four Firms submitted Qualification Statements on August 21, 2019. Crawford Design Company, Davis Martin Powell Engineers & Surveyors, Draper Aden Associates, and WithersRavenel. BUDGET IMPACT: None RECOMMEN DATIONIACTION REQUESTED: To approve a Master Agreement for On -Call Professional Services with Crawford Design Company, Davis Martin Powell Engineers & Associates, Draper Aden Associates, and WithersRavenel for an initial period of three (3) years with an option of two (2) one (1) year extensions. AFFP CITY OF DUNN RFQ • STATE OF NC } SS COUNTY OF HARNETT ) The Undersigned, being duly sworn, says: That she is Representative of the The Dally Record, a weekly newspaper of general circulation, printed and published in Dunn, Harnett County, NC; that the publication, a copy of which is attached hereto, was published in the said newspaper on the following dates: July 26, 2019 That said newspaper was regularly issued and circulated on those dates. SIpG�N jErD: Representative Subscribed to and sworn to me this 26th day of July 2019, e n1�el el OA/e/°e/ �e MARY Or' '',om o zo e oo' N :p NOTARlit AY z'•$ PUBLIC: �'�2 My commission expires: July 23, 2022 �rT COUNTS,, 00019175 00043969 CITY OF DUNN P.O. BOX 1065 DUNN, NC 28335 STATE OF NORTH CAROLINA COUNTY OF HARNETT Contract Identification # MASTER AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES THIS MASTER AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES ("Agreement") is entered into this the day of , 20, by and between, , a North Carolina Corporation with its principal business offices located at "Professional"), and the City of Dunn, a municipal corporation of the State of North Carolina, (the "City"). City and Professional may collectively be referred to as "Parties" hereinafter. WITNESSETH: WHEREAS, the City of Dunn is engaged in activities and services which from time to time require a wide range of professional services including, but not limited to: design, preparation of feasibility studies, preliminary reports, grant writing, land use planning, cost estimating, building architecture, landscape architecture, geotechnical investigations, construction materials testing, facility systems engineering , mechanical, electrical, plumbing, structural design and analysis, geomatics surveying/mapping, construction management services inspection, testing, disaster response monitoring and record keeping, permitting, information technology support, and other related professional services; and WHEREAS, pursuant to N.C.G.S. 143-64.31, it is the public policy of the State of North Carolina that municipalities announce all requirements for architectural, engineering, and surveying services, and select firms qualified on the basis of demonstrated competence and qualifications, and negotiate contracts for services at a fair and reasonable fee with the best qualified firm; and WHEREAS, Professional provides certain of the professional services of the nature required by the City and employs trained and experienced technical personnel possessing adequate knowledge, skills, and experience to provide such professional services to the City; and WHEREAS, pursuant to N.C.G.S. 143-64.31 the City announced to various competing firms its need for on-call professional services of the nature described in this Agreement through a "Request for Letters of Interest and Statements of Qualifications for On -Call Professional Services" dated July 26, 2019, and the Professional provided a submittal, dated August 21 2019, and is willing to serve as one of the City's professionals in one or more of the following areas: 1. Preliminary engineering studies & reports. 2. Grant writing, applications, and administration. 3. Design including field surveys, plan and specification preparation. Page 1 of 8 06/11/2019 4. Permitting. 5. Construction services including bidding, contract administration and observation. 6. Asset and records management (GIS, web hosting, etc.). 7. Environmental engineering. 8. Sanitary sewer evaluation surveys. 9. Land surveying & geomaties. 10. Transportation. 11. Land Development and Planning. 12. Water Resources Planning. 13. Financial Analysis and Rate Studies. 14. ADA Transitioning. 15. Pavement Condition Surveys. is on an on-call basis for each project /task order authorized under this Agreement; and WHEREAS, the Parties contemplate that the services of the Professional will be performed in various stages in accordance with Task Orders submitted by the Professional followed by separate authorizations to be issued by the City, and the Patties desire to set forth the basic terms of their agreement in this Agreement rather than in the separate authorizations issued by the City; and WHEREAS, the Parties agree that this Agreement is non-exclusive and does not require or commit the Professional to being available to perform services until a Task Order is submitted, and does not preclude the City from hiring other vendors or professionals to perform the same or similar work. NOW, THEREFORE, in consideration of the foregoing recitals, and the premises and mutual covenants herein contained, the receipt and adequacy of which is hereby acknowledged, the Parties, intending to be legally bound hereto, do contract and agree as follows: 1. REQUEST FOR TASK ORDER. Professional is qualified and able to provide one or more of the following specific categories of on-call set -vices for the City: • Preliminary engineering studies & reports • Grant writing, applications, and administration • Design including field surveys, plan and specification preparation • Permitting • Construction services including bidding, contract administration and observation • Asset and records management (GIS, web hosting, etc.) • Environmental engineering Page 2 of 8 06/11/2019 ® Sanitary sewer evaluation surveys ® Land surveying & geomaties • Transportation Land Development and Planning • Water Resources Planning ® Financial Analysis and Rate Studies ® ADA Transitioning ® Pavement Condition Surveys As the need for professional set -vices contemplated by this Agreement arise, the City will request a Task Order for said services fi-om Professional which shall describe the scope of work, specifications, estimated schedule and the City's requirements. If the Professional employs the qualified personnel that meet the City's requirements to perform the requested services, Professional may submit to the City within the time specified a written Task Order describing the professional services to be provided. The Task Order shall set forth in general terms the Professional's recommendations to carry out the work. Professional shall list the background and experience of Professional's personnel to be assigned to the project as requested by City. The Task Order shall contain a project scope, schedule, and fee schedule setting forth the fees for the scope of services of the various categories of personnel to be assigned to the project. 2. ACCEPTANCE OF TASK ORDER. The City and the Professional contemplate certain discussions, negotiations and possible changes to the Task Order submitted by the Professional. Upon a meeting of the minds, Professional shall submit the final Task Order which shall set forth the agreement of the Parties; in the event of a conflict between the terms of the Task Order and this Agreement, this Agreement shall control unless the Task Order specifically notes the agreement of the parties that the conflicting term therein controls. If said Task Order is acceptable, the City shall accept the same in writing by a duly authorized officer or agent of the City. The City and the Professional agree that such written acceptance may be provided by electronic mail. Professional's fee schedule shall remain in effect during the term of this Agreement, unless modified by the Parties in writing. The Professional is entitled to request an annual review of the firm's fee schedule by the City. Acceptance of an annual fee schedule increase will be subject to approval by the City. The City shall provide Professional with a specific Authorization to Proceed for each Task Order accepted by the City. 3. DURATION OF CONTRACT. This Agreement shall be for an initial period of three (3) years, with the option of two (2) one (1) year extensions. Professional shall commence and complete the work required by a Task Order as expeditiously as is in keeping with the applicable standard of care and will, consistent therewith, endeavor to commence and complete the work in accordance with the dates provided in the Task Order(s) as agreed upon by the Parties. Professional shall immediately notify the City of any event or circumstance that may, inumdiately or in the future, impede the proper and timely execution of any work so that remedial action may be taken. Professional shall not begin any work pursuant to this Agreement Page 3 of 8 06/11/2019 or a Task Order until written confirmation has been provided by the City. If Professional has not commenced or completed the work on a schedule commiserate with the applicable standard of care, the City may declare such delay a material breach of contract and may pursue all available legal and equitable remedies. There shall be a presumption that the Professional can complete the work specified in the Task Order within the time specified therein, using the applicable standard of care, unless the Professional shall notify the City, in writing why additional time is required to complete the work using the applicable standard of care. Any changes to the schedule(s) provided in the Task Order must be agreed to in writing by the City and the Professional. 4. PAYMENT OF SERVICES. Professional shall submit to the City monthly invoices for the services performed during that month, calculated based on the approved Task Order. The City has the right to require the Professional to produce for inspection all of Professional's records related to the Task Order, billing rates of personnel, and charges for direct expenses for which cost-plus compensation is provided to verify the accuracy of all invoices. The City shall pay Professional's invoices within thirty (30) days of receipt unless a bona fide dispute exists between the City and Professional concerning the accuracy of said invoice or the services covered thereby, in which event the City shall pay any undisputed amounts within thirty (30) days of receipt of said invoice. Adjustments to an invoice for billing errors may extend the time for payment. .5. PROFESSIONAL STANDARDS AND DUTIES OF PROFESSIONAL. Professional shall be held to the same standard and shall exercise the same degree of care, skill, andjudgment in the performance of services for the City as is ordinarily provided by a similar professional under the same or similar circumstances under the laws of the State of North Carolina. 6. CONSULTANT AS CONSTRUCTION ADMINISTRATOR. In the event the City contracts with the Professional to provide construction observation services the Professional shall be responsible for determining that the construction observed by the Professional is in general conformity with the quality level specified and in accordance with the plans and specifications. City agrees that such observation of constniction work or documents by Professional shall not relieve any contractor from liability in regard to its duty to comply with the standards for the Project, shall not give rise to a claim against Professional for a contractor's failure to comply with the applicable plans, specifications or standards, and that Professional is not responsible for the means, methods, sequencing, safety, or other operations of any contractor. 7. TIME AND COST ESTIMATES. Professional's cost estimates and time estimates for construction, if required as part of a Task Order, shall be made on the basis of current labor and material prices and the Professional's experience and qualifications. Professional's estimates shall represent its judgment as an experienced and qualified professional familiar with water and sewer utility projects, or other projects for which Professional is employed under the terms of this Agreement. Although Professional has no control over the resources provided by construction contractors to meet contract schedules, Professional's estimates or forecast of schedules shall be made on the basis of its experience and qualifications and shall represent Professional's judgment as an experienced and qualified professional familiar with water and sewer utility projects or other projects for which Professional is employed under the terms of this Page 4 of 8 06/11/2019 Agreement, but the Professional cannot and does not guarantee the proposals, bids or actual costs or schedules will not vary significantly from opinions of probable costs or time prepared by it. If at anytime the City wishes greater assurances as to the amount of any costs, they shall employ an independent cost estimator, scheduling consultant, or other third party to make such determination. 8. INDEMNIFICATION. To the extent permitted by law, the Professional agrees to defend, pay on behalf of, indemnify and hold -harmless the City, its elected and appointed officials, and employees against any and all claims, demands, suits or losses, including all costs connected therewith, for any damages which may be recovered against or from the City, its elected or appointed officials, or employees by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof, resulting from the sole actual negligence of the Professional. 9. APPLICABILITY OF LAWS AND REGULATIONS. Consistent with the applicable standard of care, the Professional shall adhere to all applicable laws, ordinances, and regulations of the United States, the State of North Carolina, the County of Harnett, and the City of Dunn, in the performance of the services required by a Task Order. The Parties agree that this Agreement shall be governed and construed in accordance with the laws of the State of North Carolina and all disputes hereunder shall be resolved in accordance with the laws of the State of North Carolina with jurisdiction and venue in the state courts of Harnett County and all parties hereby consent to the jurisdiction and venue of such courts. 10. E -VERIFY COMPLIANCE. The Professional shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes (E -Verify). Professional shall require all of the Professional's subcontractors to comply with the requirements of -Article 2 of Chapter 64 of the North Carolina General Statutes (E -Verify). 11. QUALITY AND WORIMANSIIIP. All work performed pursuant to a Task Order shall be performed by the Professional consistent with the applicable standard of care. The "applicable standard of care" shall be the same degree of care, skill and judgment in the performance of services for the City as is ordinarily provide by similar professionals under the same or similar circumstances at the time in North Carolina. Professional shall provide services in accordance with applicable federal, state and local law and in accordance with applicable governing agency regulations. 12. INSURANCE. The Professional shall maintain valid general liability insurance in the minimum amount of $1,000,000, commercial automobile liability insurance in the minimum amount of $1,000,000, and provide certificates of such insurance naming the City of Dunn as an additional insured by endorsement to the policies. If the policy has a blanket additional insured provision, the Professional's insurance shall be primary and non-contributory to other insurance. Additionally, the Professional shall maintain and show proof of workers' compensation and employer's liability insurance in the minimum amount of $1,000,000; and shall show proof of professional liability coverage in a minunum aggregate amount of $2,000,000. The Professional shall provide notice of cancellation, non -renewal or material change in coverage to the City within ten (10) days of their receipt of notice from the insurance Page 5 of 8 06/11/2019 company. All required certificates of insurance, endorsements, and blanket additional insured policy provisions are attached and considered part of this document. Notwithstanding the foregoing, neither the requirement of Professional to have sufficient insurance nor the requirement that the City is named as an additional insured, shall constitute waiver of the City's governmental immunity in any respect, under North Carolina law. 13. DEFAULT. In the event of substantial failure by Professional to perform in accordance with the terms of this Agreement, the City shall have the right to terminate Professional upon seven (7) days written notice in which event Professional shall have neither the obligation nor the right to perform further set -vices under this Agreement. 14. TERMINATION FOR CONVENIENCE. The City shall have the right to terminate this Agreement for the City's convenience upon thirty (30) days written notice to Professional. Professional shall terminate performance of services on a schedule acceptable to the City, provided that in no event shall Professional be required to perform services after the effective date of termination. In the event of termination for convenience, the City shall pay Professional for all services performed in accordance with the teens of this Agreement and each Task Order prior to the effective date of termination. 15. NOTICE. Any formal notice, demand, or request required by or made in connection with this Agreement shall be deemed properly made if delivered in writing or deposited in the United States mail, postage prepaid, to the address specified below. TO PROFESSIONAL: TO CITY: Steven Neuschafer, City Manager City of Dunn PO Box 1065 Dunn, NC 28335 sneuschaferaa dune-nc.org WITH A COPY TO: P. Tilghman Pope Pope Law Group, P.A. Post Office Box 928 Dunn North Carolina 28335 tilghmana plgpa.com 16. DELAY BEYOND THE CONTROL OF THE PARTIES. Neither Professional nor City shall be in default of the provisions of this Agreement for delays in performance due to forces beyond the control of the parties. "Forces beyond the control of the parties" shall mean, but is not limited to, delay caused by fire, acts of God, flood, earthquakes, storms, lightning, epidemic, war, riot, and/or civil disobedience. 17. NONWAIVER FOR BREACH. No breach or non-performance of any term of this Agreement shall be deemed to be waived by either party unless said breach or non-performance Page 6 of 8 06/11/2019 is waived in writing and signed by the parties. No waiver of any breach or non-performance under this Agreement shall be deemed to constitute a waiver of any subsequent breach or non- performance and for any such breach or non-performance each party shall be relegated to such remedies as provided by law. 18. CONSTRUCTION. Should any portion of this Agreement require judicial interpretation, it is agreed that the Court or Tribunal construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any one party by reason of the rule of construction that a document is to be more strictly construed against the party who prepared the documents. 19. NO REPRESENTATIONS. The parties hereby warrant that no representations about the nature or extent of any claims, demands, damages, or rights that they have, or may have, against one another have been made to them, or to anyone acting on their behalf, to induce them to execute this Agreement, and they rely on no such representations; that they have fully read and understood this Agreement before signing their names; and that they act voluntarily and with full advice of counsel 20. SEVERABILITY. In the event for any reason that any provision or portion of this Agreement shall be found to be void or invalid, then such provision or portion shall be deemed to be severable from the remaining provisions or portions of this Agreement, and it shall not affect the validity of the remaining portions, which portions shall be given full effect as if the void or invalid provision or portion had not been included herein. 21. COUNTERPARTS. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one instrument. 22. MODIFICATION. This Agreement contains the full understanding of the parties. Any modifications or addendrnns to this Agreement must be in writing and executed with the same formality as this Agreement 23. BINDING EFFECT. The terms of this Agreement shall be binding upon the parties' heirs, successors, and assigns. 24. ASSIGNMENT. Professional shall not assign, sublet, or transfer any rights under or interest in (including, but without limitation, monies that may become due or monies that are due) this Agreement without the written consent of the City, which may be withheld in the sole and absolute discretion of the City. Nothing contained in this paragraph shall prevent Professional from employing such independent consultants, associates, and sub -contractors as it may deem appropriate to assist Professional in the performance of services rendered. 25. INDEPENDENT CONTRACTOR. Professional is an independent contractor and shall undertake performance of the services pursuant to the terms of this Agreement as an independent contractor. Professional shall be wholly responsible for the methods, means and techniques of performance. Professional's work does not include any supervision or direction of the work of any other person or entity or their employees or agents (except to the extent such person or Page 7 of 8 06/11/2019 entity was actually retained by Professional), and Professional's presence shall in no way create any liability on behalf of Professional for failure of others, their employees or agents to properly or correctly perform their work. 26. NON -APPROPRIATION. Notwithstanding any other provisions of this Agreement, the parties agree that payments due hereunder from the City are from appropriations and monies from the City Council and/or other governmental entities, by and through the City. In the event sufficient appropriations or monies are not made available to the City to pay the terms of this Agreement for any fiscal year, the City may terminate this Agreement immediately without further obligation of the City except with respect to payment of Professional for work performed through the date of termination. 27. IRAN DIVESTMENT ACT N.C.G.S. 147-86.60 prohibits the State of North Carolina, a North Carolina local government, or any other political subdivision of the State of North Carolina from contracting with any entity that is listed on the Final Divestment List created by the North Carolina State Treasurer pursuant to N.C.G.S. 147-86.58. N.C.G.S. 147-86.59 further requires that contractors with the State, a North Carolina local government, or any other political subdivision of the State of North Carolina Must not utilize any subcontractor found on the State Treasurer's Final Divestment List. As.of the date of execution of this Agreement the Professional hereby certifies that the Professional is not listed on the Final Divestment List created by the North Carolina State Treasurer and that the Professional will not utilize any subcontractors found on the Final Divestment List. In witness thereof, the contracting parties, by their authorized agents, affix their signatures and seals this day of 120—. Professional City of Dunn W Name of Professional (type or print) Steven Neuschafer, City Manager By: (Signature) Title: Company: Attest: (Secretary, if a corporation) Attest: Tanury Williams, City Clerk Page 8 of 8 06/11/2019 This instrument has been pre -audited in the manner required by the Local Government Budget and Fiscal Control Act. O. Roberts, City Finance Director Page 9 of 8 06/11/2019 II?` =D ; . CouncilAll-America Cily it 11111.f City Agenda i Date-, 1989 * 2013 Meeting �r, SUBJECT TITLE: Ordinance Amendment OA -01-19; Section 18 of the Code of Ordinances Presenter: Chief Attachment: Steven ®Yes ❑ No I Description: Text Amendment for Code of Ordinances Public Hearing Advertisement Date: 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. Section 18-2 (c) was not approved until further information could be obtained about how many property owners would be affected by this ordinance change. A map is provided for your review. There are 534 parcels greater than an acre in size, totaling over 3,634 acres. Much of this land is developed but just as much is undeveloped, vacant or farmed (exempt) land. BACKGROUND: As with all of the text amendments the underlined is new text. BUDGETIMPACT: RECOMMENDATION/ACTION REQUESTED: ADOPT the amended Section 18-2 (c) 02019 - (OA -01 -19) 2019 -(OA -01-19) Attachment k_ 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. Recyclables 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 proximity to trees; or (2) A tree that is otherwise structurally 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. 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 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 land, which i 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 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 (d) 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 unsafe tree. A tree will be determined to be unsafe if it 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 proximity to trees; or (2) A tree that is otherwise structurally 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. (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, 0 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) irk D &&&&fir Council11l City Agenda 1. i � r Meetin® November 1999 * 2013 1989 * 2013 SUBJECT TITLE: Consideration of Ordinance to Demolish House — 411 E. Surles St. 1516-88-7734.000 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: 11/011/19 and 11/05/19 PURPOSE: Chief Building Inspector Steven King has conducted an inspection at 411 E. Surles 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 411 E. Surles St. an ordinance (which is attached) would need approval directing the Chief Building Inspector to remove or demolish said structure. 111lie7:1 AI1V19-1101 RECOMMENDATION/ACTION REQUESTED: Motion to adopt the ordinance directing the Building Inspector to proceed with the demolition of the dwelling located at 411 E. Surles St. (PIN #: 1516-88-7734.000) north Carolina UMDUNN city of dunn POST OFFICE BOX 1065 ^ DUNN, NORTH CAROLINA 28335 (910) 230-3500 • FAX (910) 230-3590 www.dunn-ne.org Mayor Oscar N. Ilarris Mayor Pro Tem Frank McLean Council Members Buddy Maness Dr. Given McNeill Billy Tart Chuck Tu nage 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 16th, 2019, the Chief Building Inspector for the City of Dunn sent a notice to Harold Moultrie, the owner(s) of record of structure located at 411 E. Surles 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 24th, 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 September 27th, 2019; and DUNN bAd All AlaseieaCfty •' mhle�re coxvzr�7 moffers r•s9���r3 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 November 1st, 2019 and November 5th, 2019, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on November 12th, 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 July 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: 411 E. Surles St. PIN 4: 1516-88-7734.000 PARCEL ID #: 02151608070006 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 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 12`x' day of November, 2019. Oscar N. HarTis, Mayor Attest: Tammy Williams City Clerk ® north carolina Ilk Wil UV mi city of Bunn PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 ^ DUNN, NORTH CAROLINA 28335 (910) 230-3505 e FAX (910) 230-9005 www.dunn-nc.org PROPERTY HISTORY: 411 E. Surles St. (PIN #: 1516-88-7734.000) Owner: Harold Moultrie 64 Albermarle St. Spring Field, MA 01109 Overview: Mayor Oscar N. Harris Mayo Pro Tem Frank McLean Council Members Buddy Maness Dr. Gwen McNeill Billy Tart Chuck Tun nage Dr. David L Bradham City Manager Steven Neuschafer May 15t1', 2019 — Property condemned due to the unsafe condition of structure and roof collapsing. Notification of Hearing sent to Harold Moultrie notifying him of hearing date of May 24"', 2019. May 24"', 2019 — Hearing held at the Planning and Inspections Department. Attending the hearing was Thomas McDonald and Steven Ding. Mr. McDonald said they were going to hire a contractor to make the necessary repairs and make the house livable. Attempts were made to make contact with Mr. McDonald to do a walk-through of the interior of the home to let him know what needed to be done to bring the house into compliance. The walk-through was never able to be scheduled due to lack of returned calls from Mr. McDonald. July 29t11, 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 Harold Moultrie of appeal process if they desired to do so. August 8t", 2019 —Ten (10) day time period for appeal expires. September 2711, 2019 — Allowed time period of sixty (60) days expires. The Inspections Department has heard nothing from Mr. Moultrie or Mr. McDonald. October 31s1, 2019 — Public Hearing notice sent to Harold Moultrie notifying him of the November 121", 2019 Council Meeting. November 4t1, 2019 — Site inspection performed and updated pictures taken. No changes in property condition since the condemnation in May. November 12t11, 2019 — Scheduled for City Council Meeting. May 15th, 2019 November 41h. 2019 -`� Harnett COUNTY NORM CAROI.IIIA 02161608330001 1516.88-7734.000 1:0024309 %creage: 1.000 LT no ,d Acreage: 0.07 so Number: 203352000 MOULTRIE HAROLD PrInS.Ihis page Property Description: 1 LOT411 SURLES&JACKSON STR Address: 64 ALSERMARLE ST SPRING FIELD, MA 01100-0000 lerty Address: 412 E BURIES ST DUNN, NC 28334 State, Zip; DUNN, NC, 28334 ding Count: 1 nship Code: 02 Tax District: Dunn Avemsboro 0 Building Value: $14860 it Outbuilding Value: $0 it Lend Value t $5000 it Special Land Value : $0 Value : $19850 ,I Deferred Value : $0 Assessed Value ; $19880 Harnett County GIS Neighborhood: 00202 Actual Year Built: 1925 T.talACutalAreaHeated: 624 SglFt Sale Month and Year; 1011973 Sale Price: $0 Deed Book & Page: 678.0088 Deed Date: 1973/10/00 Piet Book & Page: - Instrumont Type: WD Vacant or improved: QuallfledCode: D Transfer or Split: Within tml of Agriculture District: No Prior Building Value: $19940 Prior Outbuilding Value : $0 Prior Land Value : $5000 Prior Special Land Value : $0 Prior Deferred Value : $0 Prior Assessed Value 1$24940 DUNN DUNN f L-- - - Lg& D 0"' t 1 N -t- - N"i "' N7*_*_ All -America Cily it, �] All -America GO 11111.1 City puncil Agenda il rm 111W 1989 * 2013 Meeting Date: November 12, 2019 1989 * 2013 SUBJECT TITLE: Consideration of Ordinance to Demolish House — 700 Lincolr PIN #:1516-97-5347.000 Presenter: Chief Building Inspector Steven King Department: Planning and Inspections Description: Ordinance to De Attachment: Was ❑ No Property History Pictures of Prop Public Hearing Advertisement Date: 11/01//19 and 11/05/19 Chief Building Inspector Steven King has conducted an inspection at 700 Lincoln 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 700 Lincoln 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 700 Lincoln St. (PIN #: 1516-97-5347.000) north carolina WIDUNN city of duan POST OFFICE BOX 1065 e DUNN, NORTH CAROLINA 28335 (910) 230-3500 • FAX (910) 230-3590 www.dutm-nc.org Mayor Oscar N. Harris Mayor Pro Tem Prank McLean Council Members Buddy Maness Dr. Gwen McNeill Billy Tart Chuck Tonnage 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 20th, 2019, the Chief Building Inspector for the City of Dunn sent a notice to Barbara M. Elliott, the owner(s) of record of structure located at 700 Lincoln 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 28th, 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 28th, 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 October 29th, 2019; and DUNN MmePicaCity ilill Ale're commrL ma.Lters 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 November 1st, 2019 and November 5th, 2019, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on November 12th, 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 30th, 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: 700 Lincoln St. PIN 4: 1516-97-5347.000 PARCEL ID 4: 02151608400001 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 30th 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 Duma, 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 Cleric of Superior Court where it shall be secured in the manner provided by North Carolina General Statute § 160A-432. Section 4. It shall be unlawful for any person to remove or cause to be removed the placard 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 12"' day of November, 2019. Oscar N. Harris, Mayor Attest: Tammy Williams City Cleric ® north carolina 1W,UvU'wNN city of Bunn PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 < DUNN, NORTH CAROLINA 28335 (910) 230-3505 ° FAX (910) 230-9005 www.dunn-ne.org PROPERTY HISTORY: 700 Lincoln St. (PIN #: 1516-97-5347.000) Owner: Barbara Elliott 303 Burke St. Dunn, NC 28334 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 Neusehafer August 20t11, 2019 — Property condemned due to the unsafe condition of walls, ceilings, floors. Owner was advised to find other living arrangements. Harnett County Social Services helped with the relocation of the family. August 28t", 2019 — Hearing held at the Planning and Inspections Department. Attending the hearing was Pamela Harris, Barbara Elliott, Latina Harris, Slater Johnson, and Dwayne Williams. Ms. Latina Harris stated they were working on hiring a contractor to start the repairs and also give the Inspections Department a timeline on when all the repairs would take place. August 30th, 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 Barbara Elliott of appeal process if they desired to do so. September 9t1, 2019 —Permit Application received from Joyito Lopez to repair/replace floor joists in different areas of the house. (Attached) September 10t1, 2019 — Ten (10) day time period for appeal expires. October 24t11, 2019 — Property sold to Jada S. Wiggins from Erwin. October 29t1, 2019 — Allowed time period of sixty (60) days expires. October 31s1, 2019 — Site inspection performed and updated pictures taken. Property has had some wall coverings and floor coverings removed. No noted repairs were observed to correct the unsafe portions of the dwelling. Permit has not been paid for or picked up so therefore it is not issued for the repairs to be done. Public hearing notice was sent to new owner, Jada S. Wiggins, notifying her of the Council Meeting. November 12°i, 2019 — Scheduled for City Council Meeting. 11 • Auizust 19th. 2019 November 4th, 2019 r 4 e city of duan City of Dunn Inspections Department 102 N. Powell Ave. P.O. Box 1065 Dunn, NC 28335 Main: (910) 230-3505 Fax: (910) 230-9005 www,dunn-nc.org Project Address: "i OO L i MCCAN <; -V Inside City Limits: LSyes ❑No Applicant Name: -T Z9 oPI=L Phone: CA19 LA'1?J \b&1 Property Owner Name:_Phone: qlt� F;�i 6R i7 Address; "1 00 L ( IAC 0 LN� � City: I�i01V k -C State: 1LAZZip: sy Project Contact: N w 1'TQ L. Phone: _g1q_UJL Email; KI Address: ,R 1 "$ (aV rnp,T't'Ma=USS 1._'1� City: F�13� Klu ltState: Zip;�(� Total Project Cost: SG d . a o C7 Description of Proposed Work: _V, vq_w,( -cr --" r e Q�1 C O7 t Construction Type: ❑New WRenovation ❑ Addition ❑ Other: Total Building Area: sq, ft. Area per Floor: i' k L ' sq. ft. Total Heated Area: Utilities Approval: sq. ft. Number of Stories: Water: L7 Public ❑ Private - Health Dept, Permit Number: Sewer: ❑ Public U Private - Health Dept. Permit Number: GENERALCONTRACTOR Name: `i'r a rc� i b s e Phone: ('tr )-inE t Email: Address; City: nx) N 1U State: Zip: -2t3-3-4 N.C. License Number; Class: Expiration of Workman's Comp: License Holder Signature: DESIGN E'ROFESStONAL ®Architect C],'Engineer ; O:wner`O Other; • ,. 101� Address: N.C. License Number: Email: City: Phone: (_)- -State: _)_State: Zip: "The City of Dunn is an Equal Opportunity provider and Employer" Print lhlspag°.. �—� Harnett Property Description: Harnett County GIS 8011111 fA001.111A 74X1131 LOT700LINCOLNST 02151608400001 1616.97-6347.000 1,000 LT ac Number: 1600033986 WIGGINS JADA S Address: PO BOX 333 ERWIN, NC 28339 Address: 700 LINCOLN ST DUNN, NC 28334 is, Zip: DUNN, NC, 28334 Count: 1 p Code: 02 District: Dunn Averasboro Building Valum $60790 Outbuilding Value: $2800 Lend Value : $7500 Special Lend Value : $0 'slue; $81090 Deterred Value : $0 ,saeeaed Value ; $61090 Neighborhood: 00202 Actual Year Built: 1980 TolalAcutalAreeNeated; 1026 Sglfl Sale Month and Year: 10 12019 Sale Price: $10000 Deed Book & Page: 3749-0226 Deed Data: 2019/10/24 Plat Book & Page: - Inelrumenl Type: WD Vacant or improved; QualilledCode: Q Transfer or Split: T Within 1ml of Agriculture District: No Prior Building Value: $64880 Prior Outbuilding Value : $2800 Prior Land Value : $7600 Prior Special Land Value : $0 Prior Deferred Value: $0 Prior Assessed Value t $65180 bcftd 10-1- D 0- 1 N- N" ba&d AIFAmericaCity tr " r d AIFAmericaCity f Cid Council Agenda Form 1 I ® Meeting Date. November 12, 2019 1989 * 2013 1989 * 2013 SUBJECT TITLE: Consideration of Ordinance to Demolish Structure — 215 N. Lee Ave. PIN #;1516-95-5824.000 Presenter: Chief Building Inspector Steven Ki Department: Planning and Inspections Description: Ordinance to Demolish Property Attachment: MYes ❑ No Property History Pictures of Property Public Hearing Advertisement Date: 11/01//19 and 11/05/19 PURPOSE: Chief Building Inspector Steven King has conducted an inspection at 215 N. Lee Ave. 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 215 N. Lee Ave. 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 215 N, Lee Ave. (PIN #:1516-95-5824.000) north carolina WIU UNN city of dunn POST OFFICE BOX 1065 a DUNN, NORTH CAROLINA 28335 (910) 230-3500 a 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 Twriage 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 September 3rd, 2019, the Chief Building Inspector for the City of Dunn sent a notice to Rachel Brinkley C/O Adolph Brinkley, the owner(s) of record of structure located at 215 N. Lee Ave. 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 September 12th, 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 September 12th, 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 October 16th, 2019; and DUNN All -America city 1 1 W&Ore comma ma.fters 1999 * 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 November 1st, 2019 and November 5th, 2019, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on November 12th, 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 September 16th, 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: 215 N. Lee Ave. PIN 4:1516-95-5824.000 PARCEL ID 4: 02151608460009 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 16th day of September, 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 Durn 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 12a` day of November, 2019. Oscar N. Harris, Mayor Attest: Tammy Williams City Clerk north earolina UUNN city of duan PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 o DUNN, NORTH CAROLINA 28335 (910) 230-3505 • FAX (910) 230-9005 www.dunn-nc.org PROPERTY HISTORY: 215 N. Lee Ave. (PIN #: 1516-95-5824.000) Owner: Rachel Brinkley C/O Adolph Brinkley 213 N. Lee Ave. Dunn, NC 28334 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 September 31'd, 2019 — Property condemned due to the unsafe condition of structure and roof collapsing. Notification of Hearing sent to Rachel Brinkley C/O Adolph Brinkley notifying them of hearing date of September 12t1i, 2019. September 12tt', 2019 — Hearing held at the Planning and Inspections Department. Attending the hearing were John Fitzpatrick and Steven King. Mr. Fitzpatrick notified me that Rachel Brinkley and Adolph Brinkley were deceased and he had care and control of the property. He stated that structure needed to come down and was ok with a time period of thirty (3 0) days to have the property removed or taken to Council. September 16t1i, 2019 — Order after Condemned Hearing notice allowing thirty (30) days for repairs or demolition of property sent to owner as well as Mr. John Fitzpatrick and Mr. Henry Monds. Appeal letter sent with this notice informing them of the appeal process if they desired to do so. September 26t", 2019 — Ten (10) day time period for appeal expires. October 1611', 2019 —Allowed time period of sixty (60) days expires. October 31st, 2019 — Public Hearing notice sent to John Fitzpatrick and Henry Monds notifying them of the November 12"', 2019 Council Meeting. November 4t", 2019 — Site inspection performed and updated pictures taken. No changes in property condition since the condemnation in September. November 12t1i, 2019 — Scheduled for City Council Meeting. C&WNEGr malww Harnett COUNTY NORIA fAWAIIIA 02151608460009 1615.96.6824.000 :0003786 Acreage: 1.000 LT ac ad Acreage: 0.34 ac Number: 200657000 BRINKLEY RACHEL & C/O ADOLPH BRINKLEY Prinl Ihls page Property Description: 1 LT 215 N LEE ST 10OX160 : 213 NORTH LEE AVE DUNN, NC 283340000 terly Address: 213 N LEE AVE DUNN, NC 28334 State, Zip: DUNN, NC, 28334 ding Count: 1 nship Code: 02 Tax District: Dunn Averasbora d Building Value: $19530 it Outbuilding Value : $1000 R Land Value; $10000 it Special Land Value : $0 Value : $30530 it Deferred Value : $0 Assessed Value ; $30630 Harnett County GIS Neighborhood: 00202 Actual Year Built: 1927 TotelAcutalAreaHeated: 912 SglFt Sale Month and Year: 8 11939 Sale Price; $0 Deed Book & Page: 289-0261 Dead Date: 1939/08/26 Plat Book & Page: - Instrumenl Type: WD Vacant or improved: QuallfledCode: D Transfer or Split: Within Iad of Agriculture District: No Prior Building Value: $23620 Prior Outbuilding Value : $1000 Prior Land Value : $10000 Prior Special Land Value : $0 Prior Deferred Value : $0 Prior Assessed Value: $34620 DUNN UNN13 D 0" t N' - N' ' ,t 111111i City CouncilAgenda 1_ 11110 Meeting November 12, 2019 1989 * 2013 SUBJECT TITLE: Adding ABC Employees to State Health Plan Presenter: City Manager Neuschafer Department: Admin Attachment: Yes X No Description: Public Hearino Advertisement Date: PURPOSE: The ABC Board has requested that ABC employees be added to the State Health Plan through the City of Dunn. The City has a similar agreement with the Dunn Area Tourism Authority. BACKGROUND: BUDGET IMPACT: All expenses will be reimbursed. RECOMMENDATION/ACTION REQUESTED: Authorize the City Manager to enter into an agreement with the Dunn ABC Board for 100% reimbursement of expenses related to adding ABC full-time employees to the State Health Plan as an arm of the City of Dunn. vi D 0" t " N�� ... N"' All -America Cily 6t, .1 d,,nn 11111.1i City Council Agenda Form Meeting Date:November 2011 1989 * { SUBJECT TITLE: Budget Amendment— Repairs and Landscaping at Cemeteries Presenter: City Manager Neuschafer Department: Admin Attachment: X Yes No Public Hearino Advertisement Date: Description: Budget Amendment PURPOSE: The Council is being asked to approve the attached Budget Amendment for Cemetery Maintenance. The funds will be used to repair damaged brick pillars and to upgrade some landscaping at each cemetery. BACKGROUND: The Cemetery Advisory Board met November 5th and discussed a cemetery clean-up day for the spring of 2020. During the discussions, they wanted to make a request to begin to amend the soil conditions at the Cemeteries to support a planned turf grass planting. Budget assumptions were made during the meeting, but after speaking with some contractors, the expense of the program was inflated to a point, where the turf improvements are more of a budget retreat item. BUDGET IMPACT: The estimated cost is $20,000 to upgrade some landscaping at each cemetery and for repairing the brick pillars. The Budget Amendment reflects transferring the funds from Miscellaneous Income to Cemetery Maintenance, using funds received from NC DOT for moving the graves associated with the 1-95 widening project. RECOMMENDATIONIACTION REQUESTED: Authorize the City Manager to move forward with the repairs to pillars and landscape upgrades for each of the City's cemeteries and approve the Budget Amendment as presented. `. 71 » A I O O G O C m N � O E C � � O ¢ � N N E ¢ ¢ ¢ ¢ O N � O O C O N O U N E I E 000 O E c m EE E o ¢ U G — •V m m U C O O (A iy L .n > O m 0 OG @ O N c C O N m O a E E� � o 00 Eo 0 O @ Q Q � N c» z @ E @ O aN v 0 E @ h m a_ 3 od U m N W p W w C H W m z_ m J O z J d N Z d E @ U N 9 C p li z m LL � LL 71 » A I » N V C r>` CO O C E C � � 0 D Q � N N a E ¢ ¢ H3 O O W N O O @ N N O � U W O 0 o p o O c m E ¢ Q •V m LL_ N d @ C U C (A iy L .n > O U O O N C C E� � o 00 Eo 0 O @ N � N n m a E @ E @ Q ¢ aN v 0 E @ h m Z 3 od H N U w C Q Wm E E v m p U N � W a z J d N 0 c E U @ N 0 a C Z � LL � O » N N p p @ O N N O 0 N E � v o � E � � U E p O o -p •V LL_ N d @ C (A iy L .n > O U @ Dtom.m m v E� � o 00 Eo 0 O @ N � � N n @ E @ aN v 0 E @ h v 3 od E �w'—°n N C C N U E E v m p U E E c U ii � 2 a E @ N 0 a N N v h L_ C N U W U Z Z K O O F- U O < » LL LL Z W N OZ U -moi t=i DUNN --'&'-D ,.,th eAll-America 1111jr City Council Ag_dII rm a �: Date:Meeting November a 1 v 1989 * 2013 SUBJECT TITLE: Repairs to City Hall — Budget Amendment Presenter: City Manager Neuschafer Admin Attachment: X Yes No Description: Budget Amendment and Pictures - work area and damage to the building Public Hearing Advertisement Date: PURPOSE: Within the last month the fascia on the front of City Hall has shown wear and deterioration. A section of this precast concrete that was installed in 1966 separated and fell from the front hitting the ramp below. Investigation and thorough review of the rest of this work has identified cracks and separation in various locations along the front and sides of the building. These loose areas must be restored or replaced to reduce the hazards to pedestrians and visitors walking below these concrete pieces. These repairs must be made immediately to provide for safety of all that enter City Hall. BACKGROUND: With the construction of the City Hall being in 1965-1966, the facility has over 50 years of wear on the interior and exterior. There has not been any major renovation or restoration of the exterior of the facility in those 50 years. This latest episode has identified a problem that needs to be corrected or restored to protect the facility from further damage. We have had contractors that are experts in working with precast concrete and its restoration review the situation and provide estimates on the anticipated repairs. BUDGET IMPACT: The estimated cost is approximately $15,000 from this current fiscal budget. The Budget Amendment reflects transferring the funds from Fund Balance Reserves to cover the complete cost of this unanticipated repair. RECOMMENDATION/ACTION REQUESTED: Authorize the City Manager to move forward with the repair and refurbishment of the fascia on City Hall and approve the Budget Amendment as presented. 9 I o < < o O < o c M < 0 E D) � C O G �Qa U a Q Q C @ o E � 1 Q Q O O o O O @ _ cm O O o U h h r N E w E � a O o @ D a E m � o ❑ U G QQ� U C O O O C o C O @ � N D O � `o m E E Q m dj Z ° » F» LL N Z U U U o 0 @ @ W ❑ m w 0 F W F W K Z O J � � U W C ~ ZZ W w a Z a ❑ LL z � LL @@ mw � U 9 I 3 9 O o i h m � ❑ ❑ D) � C O G @ U Q � �E _ T @ @ L. C @ o E Q Q FA U3 0 U w E t6 `m O O N h h r N ii c o c d @ U@ L 7 N D E @ � o ❑ o � m QQ� U C fA FR O C @ @ E d O O N � m m o E a a » F» m d D_0 O 9 @ (0 Z U U O C C 0 @ @ d E E W W W @ lCO ❑ � O O W N N ~ ZZ W w a Z N N J K K c @ E U U c c .E0 c @@ mw m m E c c @ O o m r M a a C 7 � LL @ C � ❑ li 3 w z mm LL Tc @ m C9 � N m 3 9 @ N ❑ ❑ U _ T @ @ L. C @ O U 0 U w E t6 `m a ii c o 0 @ U@ L 7 N D @ V tx U @ m420 m ELL mow �'" m Y. O N U •_ C 1 O � v N m d D_0 O 9 @ (0 j n`m'� O N E2 0 @ lCO ❑ O N @ L U @ � m m tL 3 m w o r N U C W N mc�>OEmaci @ U 17L c @ E = C7 .E0 c E @ m a a @ N N m L_ N U U zz ° ° U o U U' W F- N � Uri � 517 MERCURY ST. RALEIGH, NC 27603 • PO BOX 26057, RALEIGH, NC 27611 • 800.849.4096 FAX 919.256.2281 North Carolina South Carolina Virginia Georgia Florida Tenneesee Maryland DC Alabama Ohio Texas DUNN LLR. OtNN �: geJ bi 11.1i City Council Form Me a: s 8 Date: n- , fl n 9 n �; P 1 l SUBJECT TITLE: Financial Report, Tax Report and Assessment Update Presenter: Finance Director Roberts Department: Finance Attachment: X Yes No Description: Financial and Tax Public Hearing Advertisement Date: PURPOSE: Attached please find the Financial Report/Assessment and Tax Report as of October 31, 2019. -EN • e BUDGET IMPACT: RECOMMEN DATIONIACTION REQUESTED: Acknowledge receipt of the Monthly Financial Reports for October 31, 2019. IL north carolina D.ULJUNN 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 ��f�`\'^' -'"_ From: James 0. Roberts, Finance Direc//// Subject: Financial Report Date: November 12, 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 October 31, 2019 had $3,091,007 in cash in the General Fund and $2,341,574 in the Water -Sewer Fund. Through October of 2018 the City had $2,192,786 in the General Fund and $2,471,012 in the Water and Sewer Fund. With Both Fund Balances combined we have $768,783 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 $589,856. Our Estimate for the 2019 year is $3,750,000. • Sales Tax Revenue for the month of August was $192,608. Total received to date is $397,618. 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 $181,568. This amount includes Electricity sales tax, Teleommunicaitons 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 October were $17,311, for a total collected for the year of $51,858 or 64.8% of budget. Our budget for the year is $80,000. • Water and Sewer Revenues for the month of October were $504,471. Our total to date collected is $2,064,337 or 36.9% of budget. Our budget for the year is $5,593,000. • Expenditures are at 35.4% of budget in the general fund. Our Budget is $11,597,100 and we have expended $4,110,942. The Water and Sewer fund has spent 28.35% of budget which was $6,207,200 and we have expended $1,759,694. The benchmark for this period is 33% of budget. DUNN �usmerieacii 2 li'ere 6'd'I7d%1Zl ! maffers sxskaois Expenditures for City of Dunn Budget Amount $ 11,597,100.00 100% 10/31/2019 Expenditures Year to Date $ 4,110,942.00 35.4% Budget Remaining $ 7,486,158.00 65% �r ri Expenditures Year to Date m Budget Remaining Expenditures for Water and Sewer Budget Amount $ 6,207,200.00 100% 10/31/2019 Expenditures Year to Date $ 1,759,694M 28.3% Budget Remaining $ 4,447,506.00 72% n Expenditures Year to Date , Budget Remaining north carolina UMUDUNN city of duan POST OFFICE BOX 1065 e DUNN, NORTH CAROLINA 28335 (910) 230-3500 a FAX (910) 230-3590 www,dunn-nc.org 11.11•'' To: Honorable Mayor, City Council Membe�r�s� From: James 0. Roberts, Finance Directormb\ K"b Subject: Liens and Accounts Receivables U Date: November 12, 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 • In August we reported $374,776 owed in assessments of all types. The total assessments currently due are $380,856. Our outstanding balances breakdown as follows: Weedy Lots/Demolitions is $238,407, up from $212,287 last month; General Fund Assessments $126,854; Water and Sewer Assessments $15,595. • Since last month we have billed $31,130 and collected payments of $1,950. The breakdown of these payments are: none in General Fund assessments or Water Fund Assessments, and $1,950 in Weedy Lots/Demolitions. This is mainly a timing issue with billings after the 15th and 30 days to pay. We also adjusted off a small amount of older accounts • We now have liens placed on 89 properties, belonging to 49 owners, in the amount of $195,035, totaling 51% of the total assessments due. We have identified 9 more properties that will receive a letter telling them to pay or we will assess a lein on their property. These 9 properties make up $29,805 and they have 30 days to make the payment. We also found 12 properties that have received their lein letter and we will now place a lein on their property. These 12 make up $34,355. • We are going to begin another process to collect past due accounts. This is known as Debt Setoff. It utilizes the power of the Department of Revenue (DOR) to collect funds from Tax Refunds and Lottery Winnings to pay debts owed by the taxpayer. We will provide the DOR with the information and the amount owed and they will use this information to collect from the Tax Payer. We currently use this system to collect water and sewer bills. To qualify they must be 60 days past due, owe more than $50, and live in North Carolina. • The attorneys are continuing to work with us on taking properties with leins on them and moving them to forclosure. We currently have one completed and we have provided them with information on three more that they will be working on in the current month. These three properties are in excess or $30,000. • 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. A AMR a CityM4 re m7nn 7n&ers we3�ra�, DUNN lift, -k i1111.1l City Council nn A A V 94 Form Meeting '. 9g Date: November .. y p 2019 1989 * 2013 SUBJECT TITLE: Administrative Departmental Reports Presenter: Citv Manaaer Steven Neuschafer Department: Admin Attachment: XYes No Public Hearing Advertisement Date: PURPOSE: Attached please find the following Monthly Reports for your review: - Communications/Public Information - Planning & Inspections Report - Public Works Report - Public Utilities Report - Parks & Recreation Report - Library Report - Police Report BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Acknowledge receipt of the Monthly Administrative Reports. Communications October 7`" was my first day on the job as the new Communications Coordinator. This month has been a lot of learning and getting to know people in the community. Coordinator I have spent this month coming up with ideas for renovation of our Facebook page and Instagram page. I Report have also spent time setting goals for things that we need to put in place to protect the City on the social media side of things. 01 -Achieved During the month of October I have attended a Video/Video editing course, Government Crisis Communications class, and a School of Government Social Media Strategies class. I have met with 3 department heads to review goals/ ideas for each department's outreach through our social media pages. I have learned how to operate our current government channel and website. I have also produced my first staff newsletter. 02- In Progress Content for the homepage of the new website, video of the Cotton Festival featuring drone footage, video clips, and pictures. Our new Government Channel to be up and running (CASTUS), and a final preview of our new website. 03- Goals My main goal by the year end is to create a social media policy for the City of Dunn. This new policy will require current and new employee signatures. This policy will help protect the City from bad PR, keep us ADA compliant, and let our employees know that the internet is now considered Public Record. 04- Stats Facebook: Instagram: Page Likes: 526 Page Like: 487 Reach: 3,117 Reach: 2,039 #1 post: Trick -Or -Treating hours #1 post: Mayor Elect & Ward 6 City #2 post: Dunn Goes Pink Councilman attending a Crisis Communications course itlin Adkins kadkins@dunn nc,org 910-230-35 _ DI.�NN .4e rmnnwni ' maE . September 2019 1 Monthly Development Report Planning & Inspections Department 1 102 N. Powell Ave., Dunn, NC 28334 1 phone 910-230-3503 1 fax 910-230-9005 1 www.dunn-nc.org Jig- ral;rMMMMMO 101 E. Cleveland St., Dunn, NC 28334 1 phone 910-892-2948 1 fax 910-892-8871 www.dunn-nc.org *Data from Mobile311 work order system (does not include all work performed) Public Works Department I August 2019 1 Monthly Report 101 E. Cleveland St., Dunn, NC 28334 1 phone 910-892-2948 1 fax 910-892-8871 1 www.dunn-nc.or� *Data from Republic Services report DLINNduan Public Utilities Dept' September 2019 1 Monthly Report 101 E. Cleveland St., Dunn, NC 28334 1 phone 910-892-2948 1 fax 910-892-88711 www.dunn-nc.org *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. IM Dl 1NN xu�inz rommuni � mailnv *Data from NC DEQ DMR documents and Black River Wastewater Treatment Plant records Monthly Recreation Report r Dunn Parks & Recreation October Monthly Narrative Report Snorts Programs Fall Sports Fall sports registration began July 1st and ended August 14th. Sports offered were flag football (ages 5-6), tackle football (ages 7-13), outdoor soccer (ages 3-13), cheer (ages 6-13) and volleyball (ages 9-15). Football leagues began practices August 201h and games begin September 281h. Our 4U, 6U, and 8U instructional soccer leagues began practices on Saturday, September 7th, games started September 21't Volleyball, cheer, and IOU/13U soccer leagues began practices the first week of September. Volleyball games started on September 19th. Our IOU boys/girls along with 13U girls began games on September 26th and 13U boys began games on September 30th. Picture Day was scheduled on Thursday, October 17th and Saturday, October 19th Splash Pad The splash pad closed for the year on Tuesday, October 15th Winter Sports Basketball registration began on Tuesday, October 11t and will end on Wednesday, November 13" Miracle League Games began on Thursday, October 101h due to a rain out on Saturday, October 5th. We have had lots of volunteers and fun with our participants. Our sponsors this season are Creative Caps and Aaron's. Our season will end on Thursday, November 71h Parks and Recreation Advisory Board Parks and Recreation Advisory Board met last on Tuesday, August 131h 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 RSVP Retired Senior Volunteer Program held a night of recognition for volunteers on October 4th in the Dunn Community Center. Dunn Parks & Recreation received a certificate of appreciation award for being an outstanding community partner. Dunn Parks & Recreation Department Monthly Review 12019 Dunn Parks & Recreation I 205 Jackson Road, Dunn, NC 28334 1 (910) 892-2976 Phone (910) 892-7001 Fax I www.dunn-nc.org October 2019 Dunn Parks & Recreation Facility Rentals, Programs & Etc. Numbers Rentals Facility Dunn Community Building 5 Clarence Lee Tart Memorial Park 2 Codrington Park 0 Nathan Harris Athletic Complex @ Tyler Park 1 _ _---------------_Baseball & Soft_ball Field Rentals Tournament Rental 0 0 Fall Programs Cheer 11 Football 90 Soccer 211 Volleyball 34 Miracle League 13 Total Visitors for Codrington Pool 2019 677 Total Visitors for Codrington Pool 2019 1004 Percentage increase in Pool Visitors 2018 to 2019 48.30% P K Vyas Center New Memberships Renewed Memberships Guest Memberships 6 19 1 — Adult Basketball Batting Cage Rentals 0 0 September 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/library 40 Animal Control Canine Totals for September 2019 36 35 32 30 11 15 6 6 5 _._.. 4 0 0 0 0 Calls Picked Up ( In Pound Returned ( Adopted ( Escaped Euthanize Bites Isolated ® 19 -Sep 32 36 6. 6... 15 0 _. 4 0 0 so Animal Control Feline Totals for September 2019 45 44 40 _ 35 32 30 25 20 20 15 11 10 0 0 0 0 0 Calls Pick d In Pound Returned Adopted Escaped Euthanize Bites Isolated (NSep19I __. 32 _44 0._.. I 0__.I 20 0 1 _11 1 0.. 0__. Animal Control Other Animals, Warnings and Mileage 1600 _. _. _. _.... 1420 1400 __.. _..ISE_ _... 1200 _.._ _.. 1000 800 600 _... ....562_ 400 _ _. _.. _.... 200 _... _... _. 0 10 1 Other Mileage Animal Warnings Citations 455 Loaner Calls ®Sep 19 0 ( 10 1 1420 ( 562 Total Crimes Reported for September 2019 Number of Crimes by Type for September 2019 26 25 20 15 _... __14 _. _. _._... 10 _. _. _.. _ _._....... 6 5 S_ _ _.q _ 1 0 ISO0 0 0 Larceny Homicide Rape j Robbery Aggravate Burglary Burglary from Larceny Simple d Assault Force Non -Force Motor All Other Assaults Vehicle _. w Sep -19) _ 0 _. 1 _5 0. I 14.. 0 _. 4 _.. 26 _. 6 Criminal Investigations Division for September 2019 1400 1,199 1200 1000 _. 800 _......... 600 400 200 _... _. 89 58 11 OM 0 0 Recovered Property Search Warrants Cases Assigned Cases Closed value Executed ®Sep -19.___ 89 _. 58_. _.. 1,199 0. Narcotics Seized for September 2019 250 218 150 KQ1� 91 _. 0 0 11 9 5.7 5 In 0 0 0 Felony Misr. Marijuana Cocaine Meth. Heroin Pills Other Drugs Arrests Arrests.. ®Sep 19) ...218 ( 0 ( _ 91 I 5.7 0 (... 11 1 5 L.. 9 Gram Weight Dosage Unit INSer Criminal Investigations Divison Juvenile Report for September 2019 6 5 3 2 1 1 0 0 Ex Cases Cases Total Total Total Total Total Cleared Cases Adult Juvenile Felony Misd. ed by Arrest�Unfound Closed Arrests Arrests Charges Charges 3 0 5 ( _.0 1.. 1. 2 Patrol Division for September 2019 3500 _.... __.. 3201 3000 _. _.... 2500 _. _.. 2000 _._. _. _......... 1500 1000 ....... _._ _... _. _. 500 39 17 4 15.8 0 9.2 In 25 0 Other US Misd. Felony Firearms Marijuana Cocaine Heroin Drugs Currency Arrests Arrests Seized Seized Seized Sezied Seized Seized _® Sep -19) 39 17 ( 4 .15.8 0 9.2 ( 3201 ( 25 Grams I I USD Patrol Division for September 2019 80 60 - 50 40 - 30 - 20 14 10 11 5 4 4 1 2 __. 0 Speeding _. Pass. No Drive Whilel Failure To Run Red Failure to (Inf) Seat Belt Seatbelt Operator Lic. Stop Stop Light Reduce luv. tic. Revoked Sign Speed 0Sep-19� _. 68 (.... 1 4 _. 14 .... 40 I... 2 _. 4 _. 5 .. DUNN ljjjj� City Council Agenda Form Meeting Date:November 201$' 1989*2013 SUBJECT TITLE: City Manager's Report Presenter: City Manager Neuschafer Department: Administration Attachment: Yes X No Public Hearina Advertisement Date: PURPOSE: City Manager Steven Neuschafer will give a Monthly Update. BACKGROUND: BUDGETIMPACT: RECOMMENDATION/ACTION REQUESTED: Page 11 Announcements November 12, 2019 City Council Meeting ➢ City of Dunn offices will be closed on Thursday, November 28' and Friday, November 29th to observe the Thanksgiving Holiday. ➢ Small Business Saturday is Saturday, November 30th ➢ Christmas on Broad and Beyond will be held on Sunday, December 1St from 12:00 to 6:00 pm. ➢ Dunn's Annual Christmas Tree Lighting will be held on Thursday, December 5th at 6:00 pm in Downtown Dunn. ➢ The Dunn Christmas Parade will be held on Saturday, December 7th at 2:00 pm in Downtown Dunn. ➢ The next regular City Council Meeting is scheduled for Tuesday, December 10th at 7:00 pm. Minutes — ABC Board CITY OF DUNN ABC BOARD Minutes of Meeting Oct. 15, 2019 The Dunn ABC Board met on Oct. 15, 2019. Present at the meeting: Board Members, Alice Judd and Lynn Jernigan, Manager, Robert Parker, who served as Secretary to the Board. Board Member Dal Snipes did not attend. Mr. Parker presented the minutes of the Sept. 24, 2019 meeting that were approved by the Board. Each Board Member was given a copy of the Sept. 2019 Financial Statements. The Board reviewed the statements noting sales in Sept. are $7877.35 below last year. Year to date sales are $39802.00 above last year. Mixed Beverage sales are $3327.15 above last year. The Board discussed finding a lower insurance rate for ABC employees. No new information. The first quarter profit distribution to the City of Dunn has been made. There was no conflict of interest at this meeting. No other business. The next ABC Board Meeting will be Nov. 19, 2019 With no other business, Lynn Jernigan motioned to adjourn which received a second from Alice Judd. ,124M,-1 Robert S. Parker Page: 1 Date: 10/10/19 at 10:16 AM DUNN ABC Income Statement From September 1, 2019 Through September 30, 2019 Last Seq. #: 1223 PTD Post %Sates Budget %Budg YTD Post _______= Sales 51,180.00 25.9 47,917 106.8 96,045.00 REVENUE 752.48 0.4 817 9.2.1 1,440.95 LIQUOR SALES - STORE #1 71,611.75 36.2 83,367 85.9 232,112.40 LIQUOR SALES - STORE #2 114,743.60 58.0 125,050 91.8 367,164.75 LIQUOR SALES - MIXED BEVE 8,380.45 4.2 9,333 89.8 28,700.20 LIQUOR SALES - MB TAX 1,617.50 0.8 1,916 84.4 5,528.75 INTEREST EARNED 16.24 0.0 17 95.5 46.91 OTHER INCOME 1,500.00 0.8 0 N/A 3,000.00 Total Sales 197,869.54 100.0 219,683 90.1 636,553.01 ___= Cost of Sales =___ TAXES BASED ON SALES N.C. EXCISE TAX 51,180.00 25.9 47,917 106.8 96,045.00 REHABILITATION TAX 752.48 0.4 817 9.2.1 1,440.95 MIXED BEVERAGE TAX 1,048.00 0.5 1,000 104.8 1,956.00 MIXED B. TAX DEPT HUMAN R 104.81 0.1 100 104.8 195.56 Total TAXES BASED ON SALE 53,085.29 26.8 49,834 106.5 99,637.51 COST OF SALES 1.0 2,084 99.1 6,059.69 1,030.39 PURCHASES STORE#1 43,395.46 21.9 47,271 91.8 141,017.03 PURCHASES STORE#2 62,408.62 31.5 70,907 88.0 199,124.50 TRUCK DELIVERY COST 170.00 0.1 120 141.7 1,020.00 INVENTORY ADJUSTMENT -1,199.95 ( 0.6) 0 N/A -5,874.80 Total COST OF SALES 104,774.13 53.0 118,298 88.6 335,286.73 Total Cost of Sales 157,859.42 79.8 168,132 93.9 434,924.24 Gross Margin ______= Expenses EXPENSES SALARIES - DUNN PAYROLL TAXES -DUNN N.C. RETIREMENT FUND GROUP INSURANCE 401K FUND CASH VARIANCES CREDIT CARD CHARGES DEPRECIATION REPAIRS & MAINT, 40,010.12 20.2 51,551 77.6 201,628.77 19,565.99 9.9 24,166 81.0 62,973.72 1,496.74 0.8 1,833 81.7 4,817.40 944.85 0.5 917 103.0 1,673.70 995.68 0.5 1,000 99.6 2,987.04 210.20 0.1 291 72.2 372.36 -130.61 ( 0.1) 0 N/A -171.61 2,065.35 1.0 2,084 99.1 6,059.69 1,030.39 0.5 0 N/A 3,091.17 1,523.91 0.8 667 228.5 3,596.91 Page: 2 Date: 10/10/19 at 10:16 AM DUNN ABC Income Statement From September 1, 2019 Through September 30, 2019 Last Seq. #: 1223 PTD Post %Sales Budget %Budg YTD Post COMPUTER MAINT. 0.00 N/A 833 N/A 0.00 UTILITIES 1,895.06 1.0 1,583 119.7 4,348.96 TELEPHONE 658.76 0.3 667 98.8 1,978.89 INSURANCE 842.19 0.4 917 91.8 2,304.35 STORE SUPPLIES 1,504.71 0.8 750 200.6 2,759.67 TRAVEL EXPENSES - PARKER 0.00 N/A 39 N/A 0.00 TRAVEL EXPENSES - SNIPES 0.00 N/A 83 N/A 0.00 TRAVEL EXPENSES - OTHER 48.72 0.0 129 37.8 104.40 LICENSE & OTHER TAXES 0.00 N/A 55 N/A 140.00 OFFICE SUPPLIES 20.28 0.0 333 6.1 573.80 DUES & SUBSCRIPTIONS 0.00 N/A 83 N/A 325.00 BOARD EXPENSES - SNIPES 100.00 0.1 100 100.0 200.00 BOARD EXPENSES - JERNIGAN 80.00 0.0 80 100.0 160.00 BOARDEXPENSES -JUDD 80.00 0.0 80 100.0 160.00 ALCOHOL EDUCATION SHRINE 0.00 N/A 150 N/A 0.00 ALC. ED, DUNN AA GROUP 200.00 0.1 200 100.0 400.00 BANKCHARGES 529.88 0.3 500 106.0 1,547.49 LAW ENFORCEMENT 2,000.00 1.0 2,000 100.0 2,000.00 SECURITY 675.61 0.3 600 112.6 1,304.09 Total Expenses 36,337.71 18.4 40,140 90.5 103,707.03 Net Income After Taxes 3,672.41 1.9 11,411 32.2 97,921.74 CITY OF DUNN ABC BOARD Minutes of Meeting Sept. 24, 2019 The Dunn ABC Board met on Sept. 24, 2019. Present at the meeting: Board Members, Dal Sniped, Alice Judd and Lynn Jernigan, Manager, Robert Parker, who served as Secretary to the Board. Mr. Parker presented the minutes of the July 23, 2019 meeting that were approved by the Board. No meeting in August, 2019. Each Board Member was given a copy of the July, and Aug. 2019 Financial Statements. The Board reviewed the statements noting sales in July, 2019 are $17314.85 above last year and Aug., 2019 sales are $30335.30 above last year. Year to date sales are $47679.15 above last year. Mixed Beverage sales are $3369.80 above last year. The Board was given a copy of the annual financial audit for 2018 — 2019. The Board discussed finding a lower insurance rate for ABC employees. There was no conflict of interest at this meeting. No other business. The next ABC Board Meeting will be Oct. 15, 2019 With no other business, Lynn Jernigan motioned to adjourn which received a second from Alice Judd. �"V(-� Robert S. Parker Page: 1 , 44,865.00 19.3 47,917 93.6 44,865.00 Date: 09/12/19 at 11:00 AM 688.47 0.3 817 84.3 688.47 MIXED BEVERAGE TAX DUNN ABC 0.4 1,000 90.8 908.00 MIXED B. TAX DEPT HUMAN R Income Statement 0.0 100 90.8 90.75 Total TAXES BASED ON SALE From August 1, 2019 Through August 31, 2019 20.0 49,834 93.4 46,552.22 Last Seq. #: 1219 1,865.86 0.8 1,833 101.8 3,320.66 PTD Post %Sales Budget %Budg YTD Post Sales 97,621.57 PURCHASES STORE #2 72,826.74 31.3 70,907 REVENUE 136,715.88 TRUCK DELIVERY COST 340.00 0.1 120 LIQUOR SALES - STORE #1 85,337.70 36.6 83,367 102.4 160,500.65 LIQUOR SALES - STORE #2 134,295.60 57.7 125,050 107.4 252,421.15 LIQUOR SALES - MIXED BEVE 11,163.15 4.8 9,333 119.6 20,319.75 LIQUOR SALES - MB TAX 2,096.25 0.9 1,916 109.4 3,911.25 INTEREST EARNED 15,68 0.0 17. 92.2 30.67 OTHER INCOME 0.00 N/A 1,500 NIA 1,500.00 Total Sales 232,908.38 100.0 221,183 105.3 438,683.47 ___= Cost of Sales =___ TAXES BASED ON SALES N.C. EXCISE TAX 44,865.00 19.3 47,917 93.6 44,865.00 REHABILITATION TAX 688.47 0.3 817 84.3 688.47 MIXED BEVERAGE TAX 908.00 0.4 1,000 90.8 908.00 MIXED B. TAX DEPT HUMAN R 90.75 0.0 100 90.8 90.75 Total TAXES BASED ON SALE 46,552.22 20.0 49,834 93.4 46,552.22 COST OF SALES 1,865.86 0.8 1,833 101.8 3,320.66 PURCHASES STORE#1 52,115.84 22.4 47,272 110.2 97,621.57 PURCHASES STORE #2 72,826.74 31.3 70,907 102.7 136,715.88 TRUCK DELIVERY COST 340.00 0.1 120 283.3 850.00 INVENTORY ADJUSTMENT -3,405.14 ( 1.5) 0 N/A -4,674.85 Total COST OF SALES 121,877.44 52.3 118,299 103.0 230,512.60 Total Cost of Sales 168,429.66 72.3 168,133 100.2 277,064.82 Gross Margin 64,478.72 27.7 53,050 121.5 161,618.65 ______= Expenses EXPENSES SALARIES - DUNN 24,391.13 10.5 24,166 100.9 43,407.73 PAYROLL TAXES -DUNN 1,865.86 0.8 1,833 101.8 3,320.66 N.C. RETIREMENT FUND 728.85 0.3 917 79.5 728.85 GROUP INSURANCE 995.68 0.4 1,000 99.6 1,991.36 401KFUND 162.16 0.1 291 55.7 162.16 CASH VARIANCES -18.42 0.0 0 N/A -41.00 CREDIT CARD CHARGES 1,937.35 0.8 2,084 93.0 3,994.34 DEPRECIATION 1,030.39 0.4 0 N/A 2,060.78 REPAIRS & MAINT. 200.00 0.1 667 30.0 2,073.00 Page: 2 , Date: 09/12/19 at 11:00 AM DUNN ABC Income Statement From August 1, 2019 Through August 31, 2019 Last Seq. #: 1219 PTD Post %Sales Budget %Budq YTD Post COMPUTER MAINT. 0.00 N/A 833 N/A 0.00 UTILITIES 1,956.48 0.8 1,583 123.6 2,453.90 TELEPHONE 658.76 0.3 667 98.8 1,320.13 INSURANCE 731.08 0.3 917 79.7 1,462.16 STORE SUPPLIES 602.52 0.3 750 80.3 1,254.96 TRAVEL EXPENSES - PARKER 0.00 N/A 37 N/A 0.00 TRAVEL EXPENSES - SNIPES 0.00 N/A 83 N/A 0.00 TRAVEL EXPENSES - OTHER 0.00 N/A 129 N/A 55.68 LICENSE & OTHER TAXES 140.00 0.1 55 254.5 140.00 OFFICE SUPPLIES 179.60 0.1 333 53.9 553.52 DUES & SUBSCRIPTIONS 0.00 N/A 83 N/A 325.00 BOARD EXPENSES - SNIPES 100.00 0.0 100 100.0 100.00 BOARDEXPENSES- JERNIGAN 80.00 0.0 80 100.0 80.00 BOARD EXPENSES - JUDD 80.00 0.0 80 100.0 80.00 ALC. ED. DUNN AA GROUP 200.00 0.1 200 100.0 200.00 BANK CHARGES 565.17 0.2 500 113.0 1,017.61 SECURITY 0.00 N/A 0 N/A 628.48 Total Expenses 36,586.61 15.7 37,388 97.9 67,369.32 Net Income After Taxes 27,892.11 12.0 15,662 178.1 94,249.33 CITY OF DUNN ABC BOARD Minutes of Meeting August, 2019 No Meeting The next ABC Board Meeting will be Sept. 17, 2019 PobertS. Parker Page: 1 Date: 08/14/19 at 10:12 AM DUNN ABC Income Statement From July 1, 2019 Through July 31, 2019 Last Seq. #: 1215 PTD Post %Sales Budget %Budq YTD Post _______= Sales =_______ 2OWNW. LIQUOR SALES - STORE #1 75,162.95 36.5 83,367 90.2 75,162.95 LIQUOR SALES - STORE #2 118,125.55 57.4 125,050 94.5 118,125.55 LIQUOR SALES - MIXED BEVE 9,156.60 4.4 9,333 98.1 9,156.60 LIQUOR SALES - MB TAX 1,815.00 0.9 1,916 94.7 1,815.00 INTEREST EARNED 14.99 0.0 17 88.2 14.99 OTHER INCOME 1,500.00 0.7 0 N/A 1,500.00 Total Sales ___= Cost of Sales =___ TAXES BASED ON SALES 205,775.09 100.0 219,683 93.7 205,775.09 N.C. EXCISE TAX 0.00 N/A 47,917 N/A 0.00 REHABILITATION TAX 0.00 N/A 817 N/A 0.00 MIXED BEVERAGE TAX 0.00 N/A 1,000 N/A 0.00 MIXED B. TAX DEPT HUMAN R 0.00 N/A 100 NIA 0.00 Total TAXES BASED ON SALE 0.00 N/A 49,834 N/A 0.00 COST OF SALES PURCHASES STORE #1 45,505.73 22.1 47,272 96.3 45,505.73 PURCHASES STORE #2 63,889.14 31.0 70,907 90.1 63,889.14 TRUCK DELIVERY COST 510.00 0.2 120 425.0 510.00 INVENTORY ADJUSTMENT -1,269.71 ( 0.6) 0 N/A -1,269.71 Total COST OF SALES 108,635.16 52.8 118,299 91.8 108,635.16 Total Cost of Sales 108,635.16 52.8 168,133 64.6 108,635.16 Gross Margin 97,139.93 47.2 51,550 188.4 97,139.93 ______= Expenses EXPENSES SALARIES - DUNN 19,016.60 9.2 24,165 78.7 19,016.60 PAYROLL TAXES - DUNN 1,454.80 0.7 1,834 79.3 1,454.80 N.C. RETIREMENT FUND 0.00 N/A 917 N/A 0.00 GROUP INSURANCE 995.68 0.5 1,000 99.6 995.68 401KFUND 0.00 N/A 291 N/A 0.00 CASH VARIANCES -22.58 0.0 0 N/A -22.58 CREDIT CARD CHARGES 2,056.99 1.0 2,084 98.7 2,056.99 DEPRECIATION 1,030.39 0.5 0 N/A 1,030.39 REPAIRS & MAINT. 1,873.00 0.9 666 281.2 1,873.00 Page: 2 Date: O8/14/1'9 at 10:12 AM COMPUTER MAINT. UTILITIES TELEPHONE INSURANCE STORE SUPPLIES TRAVELEXPENSES-PARKER TRAVEL EXPENSES - SNIPES TRAVEL EXPENSES - OTHER LICENSE & OTHER TAXES OFFICE SUPPLIES DUES & SUBSCRIPTIONS BOARD EXPENSES - SNIPES BOARD EXPENSES-JERNIGAN BOARD EXPENSES - JUDD ALC, ED, DUNN AA GROUP BANK CHARGES SECURITY DUNN ABC Income Statement From July 1, 2019 Through July 31, 2019 Last Seq. #: 1215 PTD Post %Sales Budget %Budg YTD Post 0.00 N/A 834 N/A 0.00 497.42 0.2 1,584 31.4 497.42 661.37 0.3 667 99.2 661.37 731.06 0.4 917 79.7 731.08 652.44 0.3 750 87.0 652.44 0.00 N/A 37 N/A 0.00 0.00 N/A 83 N/A 0.00 55.68 0.0 129 43.2 55.68 0.00 N/A 55 N/A 0.00 373.92 0.2 333 112.3 373.92 325.00 0.2 83 391.6 325.00 0.00 N/A 100 N/A 0.00 0.00 N/A 80 N/A 0.00 0.00 N/A 80 N/A 0.00 0.00 N/A 200 N/A 0.00 452.44 0.2 500 90.5 452.44 628.48 0.3 0 N/A 628.48 Total Expenses 30,782.71 15.0 37,389 82.3 30,782.71 Net Income After Taxes 66,357.22 32.2 14,161 468.6 66,357.22 (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. i 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 i 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).