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
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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
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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?
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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
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13 ,,, , a= Date: b �'
1989 *
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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
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City Council Agenda
Meefilli4
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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
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Meeting
Date: November
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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�
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eeNovember
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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
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°
All -America City it, 'f d',,, All -America Gi�
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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_
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fMeeting Date: November 12, 20)
13
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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.)
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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
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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
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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).