Loading...
Agenda 12-08-2020north Carolina city or dunn Call to Order— Mayor William P. Elmore, Jr. Invocation — Rev. Dennis Manuel Pledge of Allegiance Dunn City Council Regular Meeting Tuesday, December 8, 2020 7:00 p.m., Dunn Municipal Building 1) Adjustment and Approval of the December 8, 2020 meeting agenda PRESENTATIONS 2) Imagine Dunn Update —Arnett Muldrow & Associates PUBLIC COMMENT PERIOD 3) 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. CONSENT ITEMS 4) Minutes — November 10, 2020 5) Minutes — November 17, 2020 Imagine Dunn Meeting 6) Retirement Resolution — Dale Johnson, Public Utilities 7) Budget Amendment— Police Department 8) Budget Amendment — Library and Public Utilities 9) Consideration of Dates for the 2021-2022 Budget Planning Retreat ITEMS FOR DISCUSSION AND/OR DECISION 10) Consideration of Ordinance to Demolish — 706, 708, 800 N Fayetteville Ave a) Public Hearing b) Decision 11) Consideration of Ordinance to Demolish — 1014 E Edgerton St a) Public Hearing b) Decision 12) Consideration of Ordinance to Demolish — 1008 E Harnett St a) Public Hearing b) Decision 13) Consideration to Declare Property Unfit — 609 S Sampson Ave a) Public Hearing b) Decision 14) Consideration on offer to Purchase City -owned Property - 415 S Magnolia Ave 15) Election of Mayor Pro Tem 16) Council Goals/Reports 17) Administrative Reports a) City Manager's Report b) Financial Report/Assessment Update c) Department Reports Communications/Public Information Public Works/Public Utilities Parks & Recreation Library Planning & Inspections Police 18) Announcements 19) Information 20) 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" north caroling Mayor William P. Elmore Jr. NN Mayor Pro Tem be Chuck Turnage Council Members W-1 L)J. Wesley Sills city of d U n rl April Gaulden Prank McLean POST OFFICE BOX 1065 < DUNN, NORTH CAROLINA 28335 Billy Tart Dr. David L. Bradham (910) 230-3500 < FAX (910) 230-3590 City Manager www.dunn-nc.org Steven Neuschafer PUBLIC NOTICE related to Regular Council Meeting The public is hereby notified that the City Council of the City of Dunn will hold their regular meeting on Tuesday, December 8, 2020 at 7:00 p.m. in the Council Chambers of the Dunn Municipal Building, 401 E. Broad Street, Dunn, NC. Some members of the Council may participate electronically. SPECIAL NOTICE REGARDING MEETING ACCESS DUE TO STATE OF EMERGENCY In an effort to reduce the spread of Covid-19, in -person access to the Council meeting is limited to a total of25 people to include Council and needed staff. Face Coverings are required by all members of the public entering the Municipal Building. The Council Meeting will be available for live public viewing on Facebook - The City of Dunn, NC page. Public Comment Period - Comments can be called in or entailed to the City Clerk by Monday, December 7, 2020, 1:00 p.m, to be read at the meeting. The person must abide by all rules related to the Public Comment Period, provide name and address and abide by the 3-minute time limit. The person may also call into the meeting to give their comments but they must call the City Clerk to sign up and receive instructions by the above stated time. Public Hearing - Comments can be called in or emailed to the City Clerk by Monday, December 7, 2020, 1:00 p.m. and they will be read at the meeting during the Public Hearing. The call and email should include name, address of the person filing the comments and the Public Hearing that the comments are in reference to. The person may also call into the meeting to give their comments but they must call the City Cleric to sign up and receive instructions by the above stated time. Tammy Williams, CMC City Clerk 910-230-3501 twilliams@dunn-nc.org DUNN baftd AE!-RmarieaCity 1 I wl� ere covm�n�L�r maffers ® <._._...../ 14fl9*2013 Adjustment 1 Approval of the Decemberi , 2020 Recommendation: Motion to adopt the December 8, 2020 meeting agenda as presented Or Motion to adopt the December 8, 2020 meeting agenda as presented with the following changes: Additions: (Assign Number on the Agenda such as 14a) Removal of the following item(s): Move Item of Business from one section to another section (such as moving Item from Consent Items to Items for Discussion and/or Decision) DUNN I D :, ,• a �.. s Form r City Council Agenda `,z, ° December c. 2 Meeting ImagineSUBJECT TITLE: 1ic Vision Plan Update • • e•ll III Presenter: ,1 Director Ise •Planning .George 1 Arnett,� • • • Consultants, Aaron Department: Planning Dep '..Attachment:NoDescription: Public Hearing Advertisement Date: NIA PURPOSE: Aaron Arnett with Arnett Muldrow & Consultants will be giving an update on the Imagine Dunn Strategic Vision Plan. He and his team are currently in town for community forums and meetings with the Dunn Vision Group. The public forums are being held via Facebook Live on Monday, December 7 and Wednesday, December 9 both at 7:00 p.m. BACKGROUND: The City of Dunn and the Dunn Area Chamber of Commerce are working together, with other organizations (including the Dunn Area Tourism Authority) and the general public, to develop a Strategic Vision Plan for the Dunn community. The finished plan will include an Action Plan with priority goals and objectives for the next 10 to 15 years. This plan is intended to serve as a guide for future planning and investment decisions relating to the City of Dunn. BUDGET IMIPACT: The City of Dunn has budgeted $50,000 for this project. The Chamber has budgeted $20,000. A grant has been received from the Dunn Area Tourism Authority for promotions. RECOMMENDATION/ACTION REQUESTED: N/A Adopted 8-4-05 CITY OF DUNN CITY COUNCIL PUBLIC COMMENT POLICY The City Council for the City of Dunn does hereby adopt a Public Comment Policy to provide at least one period for public comment per month at a regular meeting of the City Council. This policy shall remain in effect until such time that it is altered, modified, or rescinded by the City Council. All comments received by the City Council during the Public Continent Period shall be subject to the following procedures and rules: 1. Anyone desiring to address the City Council must sign up and register on a sign- up sheet available on the podium within the City Council chambers prior to the Mayor calling the meeting to order. The sign-up sheet shall be available thirty (30) minutes prior the beginning of the City Council meeting in the City Council Chambers. Once the Mayor has called the meeting to order, the City Clerk shall collect the sign-up sheet and deliver it to the Mayor. The speaker shall indicate on the sign-up sheet his or her name, address and matter of concern. 2. The Public Comment Period shall be for thirty (30) minutes. 3. Comments are limited to three (3) minutes per speaker. A speaker can not give their allotted minutes to another speaker to increase that person's allotted time. 4. Each speaker must be recognized by the Mayor or presiding member of the City Council as having the exclusive right to be heard. Speakers will be acknowledged in the order in which their names appear on the sign up sheet. Speakers will address the City Council from the podium at the front of the room and begin their remarks by stating their name and address. 5. Individuals who sign up but can not speak because of time constraints, will be carried to the next regular meeting of the City Council and placed first on the Public Continent Period. 6. During the Public Comment Period, a citizen, in lieu of or in addition to speaking may pass out written literature to the City Council, City Staff and audience. 7. Groups supporting or opposing the same position shall designate a spokesperson to address the City Council in order to avoid redundancy. 8. After the citizen has made his or her remarks, he or she will be seated with no further debate, dialogue or comment. 9. The Public Comment Period is not intended to require the City Council to answer any impromptu questions. Speakers will address all comments to the City Council as a whole and not one individual Council member. Discussions between speakers and members of the audience will not be allowed. The City Council will not take action, or respond to questions about, issues raised during the Public Comment Period at the same meeting. 10. Speakers shall refrain from discussing any of the following: matters which concern the candidacy of any person seeking public office, including the candidacy of the person addressing the City Council; matters which involve pending litigation; matters which have been or will be the subject of a public hearing; and matters involving specific personnel issues related to disciplinary matters. If the speaker wishes to address specific personnel issues related to disciplinary matters, he or she should take their comments to the City Manager, who shall share the comments with the City Council. 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 Continent 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 Recommendation: Motion to approve all Consent Items as presented. UNNb DU'- UNN �NAIFAmeriea City All -America CIty 1 City Council Agenda Form 1 f ®MeetingDate-, Nov/e , 2020 Ill. 1989 * 2013 1999 * 2013 SUBJECT TITLE: Minutes — November 10, 2020 Presenter: Department: Attachment: X Yes No Description: Draft Minutes Public Hearing Advertisement Date: BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Motion to approve the Minutes as presented. Dunn City Council Regular Meeting Tuesday, November 10, 2020 7:00 p.m., Dunn Municipal Building 1UT PRESENT: Mayor William P. Elmore Jr., Mayor Pro Tem Chuck Turnage, Council Members J. Wesley Sills, April Gaulden, Frank McLean, and Dr. David L. Bradham. Absent: Billy N. Tart. Notice, relating to the Special Meeting Conditions, is incorporated into these minutes as Attachment #1. Also present: City Manager Steven Neuschafer, Assistant City Manager Mathew Public Utilities Director Heather Adams, Planning Director George Adler, Chief Police Clark White, Executive Assistant Connie Jernigan, Communications Coot Tilghman Pope, and City Clerk Tammy Williams. CALL TO ORDER AND INVOCATION Mayor Elmore opened the meeting at 7:00 p.m. and Rev. Roy Member Sills led in the Pledge of Allegiance. AGENDA ADJUSTMENT AND APPROVAL Motion by Mayor Piro Tem Turnage and second by Council ME meeting agenda as presented. Motion unanimously approved. PRESENTATIONS Veterans Day Proclamation Mayor Elmore read the Veterans Day Proclamation and Pro Tem Turnage and City Manager Neuschafer for incorporated into these minutes as Attachment #2. Republic Services Chris Wilson, Manager Municipal Services for Republic the City of Dunn, and industry issues including the c materials and recently reduced the amount of accepted now has become an education campaign o li Also in attendance froi Dunn Finance Director Jim Roberts, nspectar Steven King, Chief of Kaitlin Adkins, City Attorney the to adopt the Afterwards, Council 10, 2020 and thankedCouncil Members McLean, Mayor e. A copy of the Proclamation (P2020-13) is es, reviewed current operations, services provided to recycling crisis. China takes most of the recycling miiation. Recycling used to be a revenue stream but tion in Dunn and discussed options to include an ns, and then removing cans with continued offenses. Manager, Mike Novicky. CDBG Housing Rehab Grant Update City Manager>.Neuschafer repoIrtedthe City of'Dunn received a $574,000 Small Cities Community Development Block Grant -.Neighborhood RevitalizatiORt(CDBG-NR) grant administered by the Rural Economic Development Division, North Carolina Department' of Commerce for the Harnett Training School area. Everything was ready to progress and thenCovid-19 hit. Ship Green, consultant for the City on the project, presented an update on the grant progress and reviewed the various challenges with administering the grant including liens on properties, heir issues and homeowners dropping out, along with the issues related to getting contractors for the projects and the impact of the pandemic.,',. Special Recognitions Mayor Elmore publicly thanked City Manager Neuschafer and Assistant City Manager Boone for the great job on the Dunn Dog Park (ribbon cutting held today.) He also recognized City Manager Neuschafer on his 15'h Anniversary with the City of Dunn and thanked him for the fantastic job he does for the city. PUBLIC COMMENT PERIOD The Public Comment Period was opened by Mayor Elmore at 7:35 p.m, Shenna Tart spoke concerning the inaccurate meter reading on her August and September water bill. Having no other comments, the Public Comment period was closed. CONSENTITEMS - Approval of the minutes of the October 6, 2020 City Council Special Meeting. - Approval of the minutes of the October 13, 2020 City Council Meeting. - Resolution approving the 2021 City Council Regular Meeting Schedule. A copy of the Resolution (R2020-21) is incorporated into these minutes as Attachment #3. - Approval of Temporary Blocking of Streets for Sudan Shriner Parade. - Approval of Temporary Blocking of Streets for Christmas Tree Lighting. - Approval of Temporary Blocking of Streets for Christmas Parade. - Approval of Budget Amendment - Cemeteries. A copy of the Budget Amendment (BA2021- 09) is incorporated into these minutes as Attachment #4. Motion by Council Member Bradham and second by Council Member Motion unanimously approved. ITEMS FOR DISCUSSION AND/OR DECISION Consideration of Application for CDBG-Infrastructure Grant wij Mayor Elmore opened the Public Hearing at 7:41 p.m. Heather'A Whitaker with WithersRavenel were present to discuss the purpc funding application. Ms. Adams stated that the purpose of the pub''. respond to funding proposals and answer any questions posed by. hearing must cover the City's community development needs, d review of program compliance before the submission of the City's North Carolina. to approve all consent items, ant of Environmental Quality of Public"Utilities and Amanda of the public hearing for the City's CDBG-I iearitig was to obtain cidz' en's'views and to zen5. Ms. Adams also stated that the public lopment of the proposed activities, and a BG-i funding application to the state of the The City proposes requesting funding from NCDEQ'S CDBG;I program for the:City of Dunn's CDBG-I Sewer Line Rehabilitation/Replacement Project. The proposed projecEwitUrneet the following community and housing needs of City by repairing areas of aging sewer lines, where the City has experienced sanitary sewer overflows. The purpose of the CDBG-I grant.program is to improve the quality of life for low to moderate income people by providing a safe, clean environment and clean drinking water through water and sewer infrastructure improvements and extensions of service: ".s_ • To benefit a residential area where dt kast 51% of the beneficiaries are low to moderate income as defined by the United States Departmentlof Housing and Urban Development. • To perform eligible activities. • To minimize displacement, and For the. fiscal year 2020, the:CDBG-I funding; available is expected to be $25.2 million, and each recipient's maximum available grant will 4e'$10 million over a 3-year period. Applications for funding are due by November 23, 2020. The CDBG program is able to fund'a wide variety of community development activities. The State of North Carolina has chosen to fund several`activities: water and sewer infrastructure, neighborhood revitalization, COVID- 19 related projects, and economicdevelopment projects that lead to job creation or retention. The infrastructure program, or CDBG 1 program can find a range of water and sewer infrastructure and economic development activities, including, but not limited to the, following: Water: • Projects that resolve water loss in distribution systems. • Projects that extend public water to areas with contaminated wells. • Projects that extend water lines to areas with dry wells. • Projects that assist with low water pressure in public water systems. • Projects that regionalize two or more water systems. • Project that rehabilitate or replace a water treatment plant. Wastewater: • Projects that resolve inflow and infiltration to collection systems and surcharges from pumps stations and manholes. • Projects that extend public sewer to areas with failed septic tanks. • Projects that rehabilitate a wastewater treatment plant to allow for greater efficiency/compliance with regulations. The City is seeking an amount in CDBG-1 funds not to exceed $2 million over a 3-year period. The purpose of the City's request is to replace aging sewer lines in the areas of W. Barrington Street, N. Fayetteville Avenue, Granville Street (East and West), N. King Avenue, N. Layton Avenue, N. McKay Avenue, N. Railroad Avenue, N. Wilson Avenue, Burke Street, E. Carr Street, Caswell Street, E. Cleveland Street, N. Clinton Avenue, Dubois Circle, East Johnson Street, Lincoln Street, N. Magnolia Avenue, E. Townsend Street, E. Broad, street, E. Edgerton Street, E. Harnett Street, N. Lee Avenue, N. Sampson Avenue, Clayton Street, Moore Street,,g. Surles Street, N. Washington Avenue, N. Wilmington Avenue, and McNeil Circle. The project proposed by the City of Dunn was identified in both the Improvement Plan. A total of 100% of the CDBG- I funding will be used to benefit area in the City of Dunn has been determined to have an area area includes W. Barrington Street, N. Fayetteville Avenue, G Layton Avenue, N. McKay Avenue, N. Railroad Avenue, N. W, Street, E. Cleveland Street, N. Clinton Avenue, Dubois Circle Avenue, E. Townsend Street, E. Broad Street, E. Edgerton St Avenue, Clayton Street, Moore Street, E. Surles Street, N. Was Circle. The range of activities covered by the includes: • Construction • Environmental Review • Engineering Design • Construction Administi • Legal activities. • Surveying. • Grant Administration: If the City of Dunn is awarded a CDBG-I grant the town is re and other federal regulations which include: • American with Disabilities Act/Section 504 Survey • Dabis-Bacon & Related Labor Acts -- • Adoption/Submittal of a Citizen's Participation Plan • Adoptigp/Submittal of an Equal Opportunity Plan • Adoption/Submittal of a Fair: Housing Plan • Adoption/Submittal of a Language Access Plan • Adoption/Submittal of a Relocation Assistance Plan • Adoption/Submittal of a Section 3 Plan • Excess Force Provision" Sewer Plan and the Capital ate Income (LMI) people. The project erate income of S2.52%. The project (East and WeSO; N,.,King Avenue, N. Burke Street, E. Carr Street, Caswell c,Street, Lincoln Street, N. Magnolia Street, N. Lee Avenue, N. Sampson N. Wilmington Avenue, and McNeil Project to adhere to federal procurement requirements The State of North Carolina requires that the if the City of Dunn receives CDBG grant funding that the City will certify that they will comply with the requirements of the general displacement and relocation policy for CDBG grant funding. This policy assists low to moderate income people with costs associated with relocation or displacement, should such relocation become necessary due to the project activities. CDBG funds can be used for those costs, if necessary. If no displacement and relocation will occur as a result of the proposed CDBG grant activity, then the City confirms that during this public hearing. In the past, the City has applied for and received for the following completed CDBG project: • 2019 - CDBG Neighborhood Revitalization Project 17-C-2995 $574,000; • 2014 - CDBG Catalyst Project Harnett Training Center 12-C-2476 $500,000; and 0 2014 - CDBG Economic Development Rooms To Go Water and Sewer Project 13-E-2604 $1,000,000 The City of Dunn will submit its CDBG-I application for the Sewer Line Rehabilitation/Replacement Project on November 23, 2020. The CDBG-I application will be available for review during normal business hours at 101 E. Cleveland Street, Dunn NC 28335. Additional information is available from Heather Adams, 101 E. Cleveland Street, Dunn NC 28335 or 910-766-0997. Should you have any complaints or grievances regarding the subject public hearing, they should be addressed to the addressee mentioned above within 10 business days or by November 20, 2020 and a written response to the written complaints and/or grievances will be sent by the City within 10 business days, where practicable. With no additional comments, motion by Council Member Bradham and second by Mayor Pro Tern Turnage to close the public hearing. Motion unanimously approved. Motion by Mayor Piro Tern Turnage and second by Council Member Gaulden to app#ove the minutes of the Public Hearing for the CDBG-Infrastructure Grant with NC Department of Environmental Quality as presented. Motion unanimously approved. Motion by Council Member Gaulden and second by Council Member the City's intent to submit a funding application to the NC Departme Development Block Infrastructure Grant and make the necess unanimously approved. A copy of the Resolution (R2020-22) is heor Ordinance to Demolish - 614 E Divine St Mayor Elmore opened the Public Hearing at 7:54 p.m. for consideration of ;C Divine St, PIN #: 1516-75-5460.000. The Public Hearing was duly advertised Chief Building Inspector King conducted an inspection and based upori.his and has been condemned in accordance with G.S. §160A-426. King" als prejudicial to public health or public safety and'a nuisance in violation of G. owner does want to fix the house but lives in another state. He now has Ferguson Home Improvements to begin repairs depending on outcome comment from the owner, J. Michael McKeithan, requesting additional time Ferguson was in attendance at the meeting and agreed the home could b After discussion, motion by MCh Motion approved with"um Ordinance to Demolish - 80( Mayor Elmore ,opened .the Pu Storage Building at"809.E'Pe October 30 land November 3, observations, the structures a also found.thestructures danl ;v G.S. §160A-193lUng reported the outside of thehouse. Clar repairs on the house and the si n to'apj rove the resolution adopting /ironmental;Quality for a Community urances contained within. Motion into these minutes as Attachment#S. to at 614 E e closed. Turnage and second by Council Member McLean to table for 60 days. Its opposed. earring at 8111'p.m:4or consideration of Ordinance to Demolish House and St; PIN #: 1516-84-1822.000. The Public Hearing was duly advertised on 3uilding..;Inspector Johnson has conducted an inspection and based upon his ife and have been condemned in accordance with G.S. §160A-426. Johnson or prejudicial to public health or public safety and a nuisance in violation of gage building is in pretty bad shape but they have done quite a bit of work to Voodard, representing the family, spoke requesting additional time to make wilding. With no additional comments, the public hearing was closed. After discussion, motion by Council Member Sills and second by Mayor Pro Tern Turnage to deny ordinance to demolish the house and totable the ordinance to demolish the storage building for 60 days. Motion unanimously approved. Ordinance to Demolish storage buildings - 107 Moon Circle Mayor Elmore opened the Public Hearing at 8:26 p.m. for consideration of Ordinance to Demolish storage buildings located at 107 Moon Circle. The Public Hearing was duly advertised on October 30 and November 3, 2020. Building Inspector Slater Johnson conducted an inspection and based upon his observations, the storage buildings are unsafe and have been condemned in accordance with G.S. §160A-426. Johnson also found the structures dangerous or prejudicial to public health or public safety and a nuisance in violation of G.S. §160A-193. King added that no response has been received by the owner. With no additional comments, the public hearing was closed. Motion by Mayor Pro Tern Turnage and second by Council Member McLean to adopt the ordinance directing the Building Inspector to proceed with the demolition of the structures located at 107 Moon Circle, PIN #: 1526-29- 0483.000. Motion unanimously approved. A copy of the Ordinance (02020-23) is incorporated into these minutes as Attachmen t #6. Ordinance to Demolish storage building - 301 Moon Circle Mayor Elmore opened the Public Hearing at 8:28 p.m. for consideration of Ordinance to Demolish storage building at 301 Moon Circle. The Public Hearing was duly advertised on October 30 and November 3, 2020. Building Inspector Slater Johnson conducted an inspection and based upon his observations, the storage building is unsafe and has been condemned in accordance with G.S. §160A-426. Johnson also found the structure dangerous or prejudicial to public health or public safety and a nuisance in violation of G.S. §160A-193. King added that the owner was planning on removing himself but it still has not been removed as of October 30. With no additional comments, the public hearing was closed. Motion by Council Member Gaulden and second by Council Member Building Inspector to proceed with the demolition of the structure 4360.000. Motion unanimously approved. A copy of the Ordinance as Attachment #7. Ordinance to Demolish storage building - 601 E Bay St Mayor Elmore opened the Public Hearing at 8:31 p.m. for consideration at 601 E Bay St, The Public Hearing was duly advertised on October, 3,0 Slater Johnson conducted an inspection and based upon his observati condemned in accordance with G.S. §160A-426. Johnson also found public health or public safety and a nuisance in -violation of G.S. § previously torn down and he has received no contact from the owner additional comments, the public hearing was closed:. Motion by Council Member Bradham and second by Building Inspector to proceed with the demolition of 8890.000. Motion unanimously approved. A copy as Attachment #8. tci adopt the ordinance directing the at 301 Moon Circle, PIN #: 1526-29- 24) is incorporated into these minutes of Ordinance to Demolish Storage Building and -November 3, 2020. Building Inspector ons, the structure is unsafe and has been the. structure dangerous or prejudicial to 160A-:193. King reported the house was concerningthe storage building. With no adopt the ordinance directing the I at 601 E Bay St, PIN #: 1516-64- is incorporated into these minutes Approval of Waste Water Asset;Management Plan and Capital Improvement Plan Public Utilities Director Adams presented'the Waste Water Asset Management Plan and Capital Improvement Plan to council for approval. She shared that Asset Inventory,and Assessment grants were created to encourage water and wastewater utilities to .become more viable and more proactive in the management and financing of their systems. The grant was received by the City, in May, 2019 and WithersRavenel assisted the City with completing the grant requirements. The grant included mapping the sewer collection system and performing an assessment of the collection system. As part of.the funding agreement, the City was required to create an Asset Management Plan along with;a Capital Improvement Plan,"which will allow the City to plan and budget for upcoming capital improvement expenses. City Manager Neuschafer pointed out that 75% of the infrastructure under the ground is over 50 years old w th 19% over 75 years old. Motion by Mayor Pro Tem Turnage and second by Council Member Bradham to approve the Resolution adopting the City of Dunn's Wastewater System Asset Management Plan and Capital Improvement Plan as presented. Motion unanimously approved. A copy of the Resolution (R2020-23) is incorporated into these minutes as Attachment #9. A copy of the Waste Water Asset Management Plan and Capital Improvement Plan has been filed with the City Clerk, ADA Transition Plan Budget Amendment Assistant City Manager Boone requested the budget be amended to fund the required American's with Disabilities Act (ADA) Transition Plan for the City. The ADA Transition Plan for the City is a formal document required by the Department of Transportation (DOT) and the Department of Justice (DOJ) for cities with 50 or more employees. The plan is a review of all city owned properties including buildings, lands, parks, streets, sidewalks, etc. The transition plan is a formal document available to the public outlining a city's compliance with ADA. This is a document that will be required when applying for federal loans and grants. Motion by Council Member Bradham and second by Council Member McLean to approve the Budget Amendment to the 2020-2021 budget for an ADA Transition Plan in the amount of $30,000 with funds coming from the City's Fund Balance. Motion unanimously approved. A copy of the BudgetAmendment (BA2020-10) is incorporated into these minutes as Attachment #10. Dunhaven Subdivision Final Plat Approval Planning Director Adler presented request from Dunnhaven Development, LLC to review and vote on the final plat for Dunhaven Subdivision off Tilghman Drive. The final plat shall meet all applicable regulations in Chapter 20, Subdivision of Land, Article H Plats, Section 20-43, of the Dunn City Code. The Planning Board voted unanimously to recommend approval of the final plat for the Dunhaven subdivision at their October 27, 2020 meeting. The final plat indicates that the City will accept the dedication of rights -of -way only upon approval by the City Engineer that the sidewalks and repaving of the sheets have been completed to City standards. In addition, Dunnhaven Development, LLC has agreed to purchase bonds to ensure proper completion of the infrastructure prior to dedication. Motion by Council Member Sills and second by Council Member subdivision plat. Motion unanimously approved. Appointment to the Dunn Area Tourism Authority Board Motion by Mayor Pro Tern Turnage and second by Council M Council representative on the Dunn Area Tourism Authority December 31, 2021. Motion unanimously approved. Approval Authorizing the Planning and Appli with NCDOT Maintained Thoroughfares City Manager Neuschafer presented request to be located on NCDOT right of Ways: 1) S Ellis Ave i Cumberland St); and 3) S Elm Ave at Best St. The C work with them to find the most economical proc ADA accessible ramps at associated intersections. in conjunction with a needed upgrade in;order to trail. of Process re process of 211 (W Cum liaveto pre installation n'Ave and V to approve the request to record the to appoint Council Member Tart as the ;tors with a one year term expiring on Proposed Crosswalks associated tg'crosswalks on three intersections S Wilson Ave at US 421 (W �se'improvements to NCDOT and will will also include some sidewalk and ve portion of the project is proposed of the Tart to Tyler Park Pedestrian After discussion, motion by Council Member Gaulden and second by Council Member McLean to approve a letter from the City Council to request pedestrian improvements, at the S Elm Ave, S Wilson Ave and the S Ellis Ave intersections, additionally indicating the City's'intent.,to'work with the NCDOT and their process regarding installation of approved crosswalks overstate -maintained roads. Motion unanimously approved. City Manager Neuschafer updated"Council onlong-term plans related to municipal facilities. He reported that the plans for the,police locker rooms and server, room renovations have been drafted and are out for bid now. Public Works, City Hall and Water Tower are still under consideration. Engineer has been engaged to work on proposal for Parks and Recreation consolidation and that is in process. He pointed out that Public Works Department has averaged purchasing about 25 tons;of asphalt a month for the past 6 months for patching of streets. Administrative Reports City Manager Neuschafer shared that the City would be hosting a Mask Giveaway on the upcoming Friday. After recommendation from Council Member McLean, the city was able to acquire masks from the Harnett County Emergency Services to distribute to county residents. Finance Director Roberts provided the following financial report for the period ending October 31, 2020: The City had $6,261,147 in the General Fund and the Water -Sewer Fund combined. The Board of Directors for the NC Capital Management Trust made the decision to eliminate the "Term" portfolio. All funds were then moved into the Cash Account on October 29. From this point forward, the totals will be compared. As of September 30, 2020, $6,143,912 in General and the Water -Sewer Fund. Through September 2019, the City had $5,530,328 in these same two accounts. Still waiting for NCDOT to reimburse $370,000 for P)'s project. Through September, City received $619,689 in taxes. • Sales Tax Revenue August receipts were $217,712. Sales tax revenues are up 12.5% compared to the same time last year. • Utilities Sales Taxes for the quarter ending June 30, 2020 was $144,370 compared to $160,754 for same period in 2019 • Building Permit Fees for the month of October were $16,128 with total to -date $45,968 or 46% of budget. • Water and Sewer Revenues for October were $482,629 down slightly from September. Last year in October, the city collected $504,471. Total collected to -date - $2,002,661 or 34.23% of budget compared to total of $2,064,337 in 2019. The $62,000 difference is directly related to COVID-19 payment deferrals. • Expenditures are $3,469,381 or 29.9% of budget in the general fund compared to $3,971,406 in 2019. Water and Sewer fund expense - $1,663,963 or 22.9% of budget compared to $1,482,810 in 2019. The benchmark for this period is 33% of budget. • He also updated the Council on debt service payments. Reports were also received as follows: Communications/Public Public Works Report, Public Utilities Report, Parks and Recreation Announcements/Information Mayor Elmore announced upcoming events and activities and Community Clean hosted by her in her district. Council Memt and looks forward to future clean up on November 21. Mayor Pro Tern Turnage announced the opening of the Veterans Day. Council Member McLean read the Proclamation Month. A copy of the Proclamation (P2020-14) is and Inspections Report, and Police Report. d Council Mem expressed appi Airborne i on the recent the volunteers in honor of by the Mayor in honor of Veterans Suicide Prevention ?d into these minutes'asAttachment #11. With no further business to discuss and no objections the meeting was adjourned at 9:14 p.m. William P. Elmore Jr. Mayor DUNNk h I . UNN 1 W city Council Agenda Form SUBJECT TITLE: Minutes — November 17, 2020 Imagine Dunn Meeting Presenter: Attachment: X Yes No Public Hearina Advertisement Date: PURPOSE: BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Motion to approve the Minutes as presented. Draft Minutes Dunn City Council Imagine Dunn Strategic Vision Plan Meeting Tuesday, November 17, 2020 4:30 p.m., Dunn Community Center Minutes PRESENT: Mayor William P. Elmore Jr., Council Members J. Wesley Sills, April Gaulden, Frank McLean, and Dr. David L. Bradham. Not in attendance: Mayor Pro Tem Chuck Turnage and Council Member Billy Tart. Also present: NC Representative Howard Penny, Mark Johnson - Chairman Harnett County Board of Commissioners, Harnett County Commissioner Brooks Matthews, City Attorney Tilghman Pope, Planning Director George Adler and City Clerk Tammy Williams. As part of the Imagine Dunn Vision Strategic Plan, a round table meeting comply with N.C.G.S § 143-318.10. and § 143-318.12., Public Notice was 1 public. Notice, relating to the Imagine Dunn meeting, is incorporated into', Aaron Arnett, Consultant with Arnett Muldrow & Associates,'facilita explained that the goal is to develop a 10-year strategic plate for the Dur city limits. He reviewed the special circumstances that the ➢umi Vision reported that 830 Imagine Dunn surveys have been completed to -date. Discussions were held concerning Economic Development, Qual. Dunn's success. Economic Development was am ain focus of the c job telling Dunn's story; developing a higher tech and more diverse workforce recruitment, focus on small business. growth;;..growiu restaurants, and developing additional cultural re visioning process was perfect for the city of Dunn. Arnett ended the discussion Attest: Tammy Williams City Clerk ✓ith'elected officials was scheduled. To wided and'the meeting was open to the ?se minutes gsAttachment #1. i the round table discussion. Arnett community, which,expands.beyond the roun has faced related10 Covid-19 and and the importance of Downtown c working regionally, doing a better with housing to support specialized ;es tojinclude night life, specialty heirfed that he felt the timing of this William P. Elmore Jr. Mayor DUNN 1 i ,. All -America Ci� ica City 3 r 1 �1°a Form r f y 1111 TITLE: Retirement Resolution Presenter:SUBJECT Public Utilities DirectorAdams Department: Attachment: No Description: Resolution Public Hearing Advertisement Date.Ali PURPOSE: Retirement Resolution for Dale Johnson, Waste Water Treatment Plant Operations Specialist, retiring on January 1, 2021. BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: ®DUNN north c.arolina DUNN IWAll -America Ci<p city of dunn 2dere c0711711 712dterr 1989*2oi3 • OF THE CITY OF DUNN CITY COUNCIL EXPRESSING APPRECIATION TO OSCAR DALE JOHNSON UPON HIS RETIREMENT WHEREAS, Oscar Dale Johnson retires on January 1, 2021 as Wastewater Treatment Plant Operations Specialist with the Public Utilities Department with more than 36 years of service; and WHEREAS, Dale began his career on July 2, 1984 as the Plant Operations Specialist, where he has served until his retirement; and WHEREAS, Dale has proven himself to be a dedicated and efficient public servant who has gained the admiration and respect of his fellow workers and the citizens of the City of Dunn; and WHEREAS, Dale has worked faithfully and diligently; one that you could depend upon to do whatever it took to get the job done; and WHEREAS, the Mayor and City Council of the City of Dunn are desirous on behalf of themselves, other City officials and employees, as well as the residents of the City of Dunn, of expressing to Dale Johnson their deep appreciation and gratitude for the service rendered by him to the City over the past 36 years. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council that we offer Dale our very best wishes for success, happiness, prosperity and good health in his future endeavors. This Resolution shall be incorporated into the official Minutes of the City of Dunn, and shall be in fill force and effectfi-oin and after this 8°i day ofDeceniber, 2019. William P. Elmore, Jr. Mayor Attest: Tammy Williams, CMC City Clerk bcft" fflglt-] DUNN All -America City i (, 0 All -America Cily City Council Agenda Form Meeting Date: December 8, 2020 1489 2013 19&9 20t 3 SUBJECT TITLE: Budget Amendment - Police Presenter: Chief White Department: Police Description: Budget amendment to move funds to Police Attachment: X Yes No Travel and Training from General Fund Miscellaneous account. Public Hearing Advertisement Date: N/A PURPOSE: To amend the budget, funding training and equipment purchases. BACKGROUND: The police department must receive training in the use of non -lethal weaponry. This budget amendment allows our staff to attend this training and also become certified to train others on our staff in the use of this equipment and munitions. The Travel and Training budget was reduced due to COVID-19 and this will replace some of that funding to allow this training to take place and also allow us to purchase the equipment needed to meet the non -lethal standards. BUDGET IMIPACT: The City budget will not increase. We will use funds in the General Fund Miscellaneous account to cover these expenditures. RECOMMENDATION/ACTION REQUESTED: Motion to approve the Budget Amendment to the 2020/2021 budget for transfer of funds from General Fund Miscellaneous to Police Travel and Training accounts in the amount of $5,000, CITY OF DUNN REQUEST FOR BUDGET REVISION Department: Police Budget Amendment #: FISCAL YEAR ENDING 6/30/2021 Date: 12/8/2020 Appropriation Amount of Appropriation FUND LINE ITEM DESCRIPTION Before Amendment After Amendment Increase/Decrease Amendment General Fund 10-510-1400 Travel & Training $ 11,000.00 $ 5,000.00 $ 16,000.00 EXPENDITURE TOTAL: $ 11000.00 $ 5,000.00 $ 16,000.00 Appropriation Amount of Appropriation FUND LINE ITEM DESCRIPTION Before Amendment After Amendment Increase/Decrease Amendment General Fund 10-500-5700 Miscellaneous $ 28.950.00 $ (5,000.00) S 23,950.00 REVENUE TOTAL: I certify this requested budget amendmentwas approved by the City Council on: Director: use of non -lethal weaponary and this funding is to allow our staff to take the course to train our officers to be trainers in the use of these munitions. It also provides funding for the purchase of equipment and shells used in the field as well as during training. FUNDING SOURCE: Funding for this training and purchases will come from the general purpose miscellaneous account (5,000.00) Date: 12/8/2020 I3UNN o nb r�linn DUNN D bnftd Ai! -America City ,, (' (, i All-drnerica City 111111 City Council Agenda Form1 ® Meeting Date. , 0 1999 * 2013 1989 * 2013 SUBJECT TITLE: Budget Amendment — Library and Public Utilities Presenter: City Manager Neuschafer Department: Administration Description: Budget amendment to move funds from City Attachment: X Yes No Fund Balance and Water Sewer Fund Balance to Salary and Wage accounts. Public Hearing Advertisement Date: NIA PURPOSE: To amend the budget, funding two positions, for one half of a year, that were removed during the COVID- 19 downsizing. BACKGROUND: During the COVID-19 downsizing the city reduced several positions. Two of these positions were a Librarian and an Administrative Support I in Public Utilities. With a review of our finances related to expected income from Water and Sewer Revenue, Property Tax, and Sales Tax we believe there will be funding available to fill these positions at the level they were in the 2019-2020 budget. If approved, these positions will be reviewed and filled after January 1, 2021. BUDGET IMIPACT: The City budget will increase Salaries and Benefits by $44,850 to cover half of the year. We will use funds from the General and the Water and Sewer Fund Balances to cover these expenses with the expectation that excess income will occur at the end of the year to replace this reduction in Fund Balance, RECOMMEN DATIONIACTION REQUESTED: Motion to approve the Budget Amendment to transfer funds from the General and the Water and Sewer Fund Balances to cover Salaries and Benefits for two replacement positions in Library and Public Utilities in the amount of $44,850. CITY OF DUNN REQUEST FOR BUDGET REVISION FISCAL YEAR ENDING 6/30/2021 Department: Library and Public Utilities Budget Amendment #: Date: 12/8/2020 FUND LINE ITEM DESCRIPTION Appropriation Before Amendment Amount of Amendment IncreaselDecrease Appropriation After Amendment General Fund 10-630-0200 Salary & Wages $ 121,800.00 $ 23,400.00 $ 145,200.00 Water Sewer Fund 30-710-0200 Salary &Wages $ 161,000.00 $ 21.450.00 $ 182,450.00 EXPENUIIUKE IUTAL .T 2bZ'buu.UV N 94,bPV.uu o SG/,OW.W FUND LINE ITEM DESCRIPTION Appropriation Before Amendment Amount of Amendment Increase/Decrease Appropriation After Amendment General Fund 10-299-0000 Fund Balance $ 3,305,356.00 $ (23,400.00) $ 3,281,956.00 Water Sewer Fund 30-3904000 Fund Balance $ 329,490.00 $ (21,450.00) $ 308,040.00 REVENUE I IAL: budget amendment was approved by the City Council on: l nese two positons were eliminated cue to uuvIu-ta expense reductions. Since March, our Ad Velorum Taxes and our Sales Taxes have remained in excess of budgeted amounts. Due to these amounts funding is available to replace these critical positions. FUNDING SOURCE: Funding for these positions will come from the Fund Balance in both the General and Water and Sewer Funds, Due to budgets, we expect to replace this funding with extra income from tax revenues. The total from Fund Balances is in the amount of $44,850. a tw,o�u.uo/ Date: 12t812020 Date: 12/8/2020 D: 1=� Date: -3 D bcftd ljjjj� City Council Agenda Form Meeting SUBJECT TITLE: Set Budget Planning Retreat Date Presenter: Mayor Elmore Department: Governing Body Attachment: Yes No Description: Public Hearina Advertisement Date: PURPOSE: To set the dates for the 2021-2022 Budget Planning Retreat for Friday, February 19, 2021 from 8:00 a.m. to 5:00 p.m. and Saturday, February 2021 from 8:00 a.m. to 5:00 p.m. Staff is currently soliciting quotes and gathering information to determine the location. BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Motion to approve February 19-20, 2021 for the 2021-2022 Budget Planning Retreat with the location to be determined. DUNN v lion DUNN ��� All -America City �,(, 0 d..„ _ All -America City 111111l City Council Agenda Form 1 1 Meeting Date-, December 8, 2020 1989 * 2013 1999 * 2013 SUBJECT TITLE: Consideration of Ordinance to Demolish Structures — 706, 710, & 800 N. Fayetteville Ave. PIN #: 1516-79-6705.000 Presenter: Chief Building Inspector Steven King Department: Planning and Inspections Description: Ordinance to Demolish Property Attachment: mYes ❑ No Property History Pictures of Propert Public Hearing Advertisement Date: 11/27/2020 & 12/01/2020 PURPOSE: a) Public Hearing: Consideration of Ordinance to Demolish Structures — 706, 710 & 800 N. Fayetteville Ave. (PIN #: 1516-79-6705.000) The Public Hearing was advertised on July 31st and August 4th, 2020. b) Purpose: Chief Building Inspector Steven King has conducted an inspection at 706, 710, & 800 N. Fayetteville Ave. and based upon his observations, the structures are unsafe and have 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 structure at 706, 710, & 800 N. Fayetteville Ave. an ordinance (which is attached) would need approval directing the Chief Building Inspector to remove or demolish said structures. Demolition was started by a third -party contractor without the proper asbestos abatement being performed. A Stop Work Order on the demolitions was placed on the property on January 27, 2020 due to the asbestos abatement of asbestos containing materials not being removed properly. BUDGET IMPACT: RECOMMEN DATIONIACTION REQUESTED: Motion to adopt the ordinance directing the Building Inspector to proceed with the demolition of the structures located at 706, 710, & 800 N. Fayetteville Ave. (PIN #: 1516-79-6705.000) 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 DECEMBER 8, 2020 IN THE COURTROOM OF THE DUNN MUNICIPAL BUILDING. THE FOLLOWING ITEMS WILL BE DISCUSSED: PUBLIC HEARING: (2) A HEARING WAS HELD ON SEPTEMBER 21, 2020 IN REFERENCE TO THE DWELLING LOCATED AT 1014 E. EDGERTON ST. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT TFIE PROPERTY IS IN VIOLATION OF THE CITY OF DUNK MINIMUM HOUSING CODE AND N.C.G.S. 160A - 428. AN ORDER WAS ALSO PLACED TO OWNER(S), SPECIALIZED IRA SERVICES FBO & JOHN LEGGETT IRA, C/O ALBERTA PEOPLES, TO REPAIR OR DEMOLISH SAID DWELLING. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE DWELLING REMOVED AND ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY. (3) A HEARING WAS HELD ON SEPTEMBER 8, 2020 IN REFERENCE TO THE DWELLING LOCATED AT 1008 E. HARNETT ST. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160A - 428. AN ORDER WAS ALSO PLACED TO OWNER(S), JAMES R. LEVINSON, 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. (1) A HEARING WAS HELD ON JULY 24, 2020 IN REFERENCE TO THE DWELLING LOCATED AT 609 S. SAMPSON 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-441. AN ORDER WAS ALSO PLACED TO OWNER(S), TERESA PARKER, TO REPAIR, CLOSE 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 CLOSED AND DEEMED UNFIT FOR HUMAN HABITATION. ALL PERSONS DESIRING TO BE HEARD EITHER FOR OR AGAINST THE PROPOSED ITEM SET FORTH ABOVE ARE REQUESTED TO FOLLOW THE FOLLOWING PROCEDURES DUE TO COVID-19: PUBLIC ACCESS WILL BE LIMITED TO ONE (1) PERSON AT A TIME FOR IN -PERSON COMMENTS AT THE DECEMBER 8, 2020 COUNCIL MEETING. - COMMENTS FOR OR AGAINST THE PROPOSED ITEM WILL BE READ DURING THE PUBLIC HEARING, IF RECEIVED BY THE CITY CLERIC BY 1:00 PM ON DECEMBER 7, 2020. COMMENTS CAN BE CALLED IN TO (910) 230-3501 OR EMAILED TO TWILLIAMS a DUNN-NC.ORC,. - TO CALL IN YOUR COMMENTS DURING THE PUBLIC HEARING, CONTACT THE CITY CLERIC NO LATER THATN 1:00 PM ON DECEMBER 7, 2020 FOR INSTRUCTIONS. - THE MEETINGS CAN BE VIEWED — FACEBOOK LIVE — CITY OF DUNN, NC PAGE AND WILL BE ABLE TO HEARD OUTSIDE CHAMBERS FOR ANY PRESENTING IN PERSON. STEVEN KING CHIEF BUILDING INSPECTOR CITY OF DUNN Advertise: November 27"', and December 1", 2020 city of dunn PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 > DUNN, NORTH CAROLINA 28335 (910) 230-3505 • FAX (910) 230-9005 wwvv.dunn-nc,org Treli�• • Mcl Lester Group, Inc. P.O. Box 4991 Martinsville, VA 24115 To Whom It May Concern: Mayor William P. Elmore, Jr. Mayor Pro Tem Chuck Tumage Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart Dr. David L Bradham City Manager Steven Neuschafer LOCATION OF STRUCTURE(S): 706, 710, 800 N. Fayetteville Ave. (PIN #: 1516-79-6705.000) You are hereby notified that a Public Hearing will be held before the City Council of the City of Dunn at its Tuesday, December 8th, 2020 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(s). This is the 30th day of November, 2020. Steven Icing Chief Building Inspector City of Dunn, NC DUNN AII�Ameelca City 1 1989*2913 north carolina INN 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: 706, 710, 800 N. Fayetteville Ave. (PIN #: 1516-79-6705.000) [Ward 21 Owner: Lester Group, Inc. P.O. Box 4991 Martinsville, VA 24115 Overview: Mayor William P. Elmore, Jr. Mayor Pro Tem Chuck Turnage Council Members J. Wesley Sills April L. Gaulden Billy Tart Chuck Turnage Dr. David L Bradham City Manager Steven Neuschafer September 3"', 2019 — Property condemned due to condition of the structures on exterior and several roofs collapsing inside of the buildings. Most of the structures were vacant at time it was condemned. Notice of Hearing sent to property owner, Lester Group, LLC. September 13"i, 2019 — Hearing held at Planning and Inspections Department between Steven King, Tom Mize, and Andrew C. Palmer with Lester Group, LLC. October 21, 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 Lester Group, LLC of the appeal process if they desired to do so. October 31, 2019 — Ten (10) day time period for appeal expires. December 20, 2010 — Allowed time period of sixty (60) days expires. Demolitions are underway of part of the buildings on the site. January 27", 2020 — Stop Work Order placed on property due to confirmation from owner not having asbestos removed per State requirements. November 24t1i, 2020 — Site inspection performed and updated pictures taken. Approximately 50% of the buildings have been demolished and removed or partially demolished. Asbestos abatement has still not been completed. December 8t11, 2020 — Scheduled for City Council Meeting. November 27t", 2020 north carolina IUDUNN city of dune POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3500 < FAX (910) 230-3590 www.dtinn-ncorg Mayor William P. Elmore Jr. Mayor Pro Tern Chuck Turnage Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy N. Tart 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 Lester Group, Inc., the owner(s) of record of the structure located at 706, 710, & 800 N. Fayetteville Ave. noting that the structures were in a condition that constitutes a fire and safety hazard, and is dangerous to life, health and property and were thereby condemned, pursuant to North Carolina General Statute §160A-426, and noticed the property owner of a hearing on September 13th, 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 13th, 2019 a hearing was conducted by the Chief Building Inspector Steven King, with Mr. Tom Mize and Mr. Andrew C. Palmer of the Lester Group, LLC. In attendance. 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 21st, 2019; and DUNN blftd dl!-dmaricaClfy 1 i 2ACre c zMun� MafferS isaz9 & xo�a 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 27th, 2020 and December 1st, 2020, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on December 8"', 2020 to consider the adoption of this Ordinance, directing that the Building Inspector proceed with the demolition of the structure described hereby, and that all costs incurred shall be a lien against such property, pursuant to North Carolina General Statute § 160A-432; and WHEREAS, the City Council of the City of Dunn, NC finds that the structure described herein is dangerous or prejudicial to the public health or public safety and is a nuisance in violation of North Carolina General Statute 160A-193; and WHEREAS, this structure should be removed or demolished, as directed by the Chief Building Inspector, and is an unsafe building condemned as set forth in North Carolina General Statute § 160A-426 and constitutes a fire and safety hazard; and WHEREAS, the owner of this structure has been given a reasonable opportunity to repair or demolish the structure pursuant to an Order issued by the Building Inspector on October 21" 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 structures at the following address: 706, 710, 800 N. Fayetteville Ave. Dunn, NC 28334 PIN 9:1516-79-6705.000 PARCEL ID 4: 02151607480009 Section 2. The Building Inspector is hereby authorized and directed to proceed to remove or demolish the above described structures including the surrounding fencing in accordance with his Order to the owner thereof dated the 21" day of October, 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 81h day of December, 2020. WilliamP. Elmore, Jr. Mayor Attest: Tammy Williams, CIVIC City Clerk Print this page' Harnett C O UN T Y r.nr;nittin 02151607480009 1516-79-6705.000 1: 0011951 Acreage: 1,000 LT ac ad Acreage: 4.31 ac Number: 210246000 LESTER GROUP INC Property Description: 720X300 FAYETTEVILLE & GRANVILLE Address: PO BOX 4991 MARTINSVILLE, VA 24115-0000 ierty Address: 706 N FAYETTEVILLE AVE DUNN, NC 28334 State, Zip: DUNN, NC, 28334 ling Count: 3 nship Code: 02 Tax District: Dunn Averasboro d Building Value: $129850 :I Outbuilding Value : $3150 .I Land Value : $204370 d Special Land Value : $0 Value : $337370 d Deferred Value : $0 Assessed Value : $337370 Harnett County GIS Neighborhood: 00204 Actual Year Built: 1940 TotalAcutalAreatleated: 1532 Sq/Ft Sale Month and Year: 12 / 1985 Sale Price: $230000 Dead Book & Page: 794-0759 Dead Date: 502243200000 Plat Book & Page: - Instrument Type: WD Vacant or Improved: quallfiedCode: X Transfer or Split: Within lml of Agriculture District: No Prior Building Value: $117830 Prior Outbuilding Value : $1000 Prior Land Value : $204370 Prior Special Land Value : $0 Prior Deferred Value : $0 Prior Assessed Value : $323200 I)UNN 0 �rtL �airolinn DUNN ��� All-Arnerica City <, (, „1 <<„�, �, All-knerica City tCity Council tied Form 1 I.r11110 '_. Date: ate: December be 3 2020 1989 *2013 1989 *2013 SUBJECT TITLE: Consideration of Ordinance to Demolish House —1014 E, Edgerton St. PIN #:1516-95-6297.000 Chief Building Inspector Steven King _Presenter: Department: Planning and Inspections Description: Ordinance to Demolish Property Attachment: EYes ❑ No Property History Pictures of Property Public Hearing Advertisement Date: 11/27/2020 & 12/01/2020 PURPOSE: a) Public Hearing: Consideration of Ordinance to Demolish House —1014 E. Edgerton St. PIN #: 1516-95-6297.000. The Public Hearing was advertised on November 27th and December 1st, 2020. b) Purpose: Building Inspector Slater Johnson has conducted an inspection at 1014 E. Edgerton St. and based upon his observations, the structure is unsafe and has been condemned in accordance with G.S. §160A-426. The Building Inspector also found the structure 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. 1) Should Council decide to proceed with the demolition of the dwelling at 1014 E. Edgerton St. an ordinance (which is attached) would need approval directing the Chief Building Inspector to remove or demolish said structure. BACKGROUND: 1111 Ric] ;k i h4I 9-ITO0 RECOMMENDATIONIACTION REQUESTED: Motion to adopt the ordinance directing the Building Inspector to proceed with the demolition of the dwelling located at 1014 E. Edgerton St. (PIN #: 1516-95-6297,000) 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 DECEMBER 8, 2020 IN THE COURTROOM OF THE DUNN MUNICIPAL BUILDING. THE FOLLOWING ITEMS WILL BE DISCUSSED: PUBLIC HEARING: (1) A HEARING WAS HELD ON SEPTEMBER 13, 2019 IN REFERENCE TO THE STRUCTURES LOCATED AT 706, 710, AND 800 N. FAYE,TTEVILLE AVE. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF N.C.G.S. 160A - 428. AN ORDER WAS ALSO PLACED TO OWNER(S), LESTER GROUP, INC., 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 STRUCTURES REMOVED AND ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY. (2) (3) A HEARING WAS HELD ON SEPTEMBER 8, 2020 IN REFERENCE TO THE DWELLING LOCATED AT 1008 E. HARNETT ST. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160A - 428. AN ORDER WAS ALSO PLACED TO OWNER(S), JAMES R. LEVINSON, 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. (1) A HEARING WAS HELD ON JULY 24, 2020 IN REFERENCE TO THE DWELLING LOCATED AT 609 S. SAMPSON AVE. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW TIIAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160A — 441. AN ORDER WAS ALSO PLACED TO OWNER(S), TERESA PARKER, TO REPAIR, CLOSE 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 CLOSED AND DEEMED UNFIT FOR HUMAN HABITATION. ALL PERSONS DESIRING TO BE HEARD EITHER FOR OR AGAINST THE PROPOSED ITEM SET FORTH ABOVE ARE REQUESTED TO FOLLOW THE FOLLOWING PROCEDURES DUE TO COVID-19: PUBLIC ACCESS WILL BE LIMITED TO ONE (1) PERSON AT A TIME FOR IN -PERSON COMMENTS AT THE DECEMBER 8, 2020 COUNCIL MEETING. - COMMENTS FOR OR AGAINST THE PROPOSED ITEM WILL BE READ DURING THE PUBLIC HEARING, IF RECEIVED BY THE CITY CLERK BY 1:00 PM ON DECEMBER 7, 2020. COMMENTS CAN BE CALLED IN TO (910) 230-3501 OR EMAILED TO TWILLIAMS(�DUNN-NC.ORG. - TO CALL IN YOUR COMMENTS DURING THE PUBLIC HEARING, CONTACT THE CITY CLERIC NO LATER THATN 1:00 PM ON DECEMBER 7, 2020 FOR INSTRUCTIONS. - THE MEETINGS CAN BE VIEWED — FACEBOOK LIVE — CITY OF DUNN, NC PAGE AND WILL BE ABLE TO HEARD OUTSIDE CHAMBERS FOR ANY PRESENTING IN PERSON. STEVEN KING CHIEF BUILDING INSPECTOR CITY OF DUNN Advertise: November 27th, and December 1st, 2020 City of dunn PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 - DUNN, NORTH CAROLINA 28335 (910) 230-3505 • FAX (910) 230-9005 www.dunn-nc.org Specialized IRA Services FBO & John Leggett IRA C/O Alberta Peoples 1014 E. Edgerton St. Dunn, NC 28334 To Whom It May Concern: LOCATION OF STRUCTURE(S): 1014 E. Edgerton St. (PIN #: 1516-95-6297.000) Mayor William P, Elmore, Jr. Mayor Pro Tent Chuck Tumage Council Members J. Wesley Sills April L. Gaulden Prank McLean Billy Tart 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, December 8th, 2020 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(s). This is the 30th day of November, 2020. Steven King Chief Building Inspector City of Dunn, INC DUNN AII�Amerlca City 1 I 1939*2013 J city of dunn PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3505 - FAX (910) 230-9005 www.dunn-nc.org Specialized IRA Services FBO & John Leggett IRA 288 Lakeview Dr. Macon, GA 31211 To Whom It May Concern: LOCATION OF STRUCTURE(S): 1014 E. Edgerton St. (PIN #: 1516-95-6297.000) Mayor William P. Elmore, Jr. Mayor Pro Tern Chuck Tannage Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart 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, December 8th, 2020 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(s). This is the 30th day of November, 2020. DUNN AII•Aioeelea Clty inxr*zau Steven King Chief Building Inspector City of Dunn, NC y r I saw citv of dunn PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 25335 (910) 230-3505 - FAX (910) 230-9005 v ww.dunn-nc.org • Teresa D. Martin P.O. Box 75609 Tampa, FL 33675 To Whom It May Concern: LOCATION OF STRUCTURE(S): 1014 E. Edgerton St. (PIN #: 1516-95-6297.000) Mayor William P. Elmore, Jr. Mayor Pro Tern Chuck Tumage Council Members J. Wesley Sills April L. Gauldea Frank McLean Billy Tart Dr. David l., Bradlram 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, December 8th, 2020 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(s). This is the 30th day of November, 2020. Steven King Chief Building Inspector City of Dunn, NC DUNN All-AtoericaClty I989 *3013 �� � north caroling Lu UNN city of dunn PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3505 a FAX (910) 230-9005 www.dunn-nc.org PROPERTY HISTORY: 1014 E. Edgerton St. (PIN #: 1516-95-6297.000) [Ward 3] Owner: Specialized IRA Service FBO John Leggett IRA C/O Alberta Peoples 1014 E Edgerton St Dunn, NC 28334 Overview: Mayor William P. Elmore, Jr. Mayor Pro Tem Chuck Turnage Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart Dr. David L Bradlmm City Manager Steven Neuschafer September 14, 2020 — Property condemned due to the current status of property, lack of active utilities and deteriorating conditions of the dwelling. Condemnation notice sent to owner(s) with hearing date of September 21st, 2020. September 21, 2020 — Hearing scheduled at Planning and Inspections Department. Hearing was held with Ms. Alberta Peoples September 22, 2020 — Order after Condemned Hearing notice allowing sixty (60) days for repairs or demolition of property sent to owner(s). Appeal letter sent with this notice informing owner(s) of the appeal process if they desired to do so. October 2, 2020 — Ten (10) day time period for appeal expires. No appeal received. November 21, 2020 — Allowed time period of sixty (60) days expires. November 24, 2020 — Site visit performed at the property to see if any improvements have been made. Exterior inspection of dwelling revealed that nothing has been done to repair the structure. taken to update file. November 30, 2020 — Public hearing notice sent to Specialized IRA Service FBO and John Leggett IRA C/O Alberta Peoples notifying them of the December 8°i, 2020 Council Meeting. December 8, 2020 — Scheduled for City Council Meeting. DUNN gall-AmericaclN t 19R91t'106 E city of dunn PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3505 • FAX (910) 230-9005 www.dunn-nc.org Mayor William P. Elmore, Jr. Mayor Pro Tem Chuck Tannage Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart David L Bradham City Manager Steven Neuscharer The following items will need to be addressed and repaired prior to receiving a Certificate of Occupancy. 1.) All interior surfaces must be thoroughly cleaned. All surfaces inside house are covered in dirt, bugs, and bug debris. 2.) Multiple holes in front sleeping room will need to be repaired. 3.) All windows in house must be fully operable. 4.) Screens must be provided on all windows. 5.) There is currently no permanent source of heat in the dwelling. Ms. Peoples advised me that portable electrical heaters are used to heat the house. Permanent source of heat must be provided. 6.) The cracked and damaged plaster in front sleeping room must be repaired. 7.) The floor system In front sleeping room must be thoroughly inspected and repaired where weak and damaged. 8.) The frame around front door will need to be repaired. 9.) Weather stripping must be provided around front door for proper seal. 10.) The wall in front sleeping room will need to be repainted after repairs and cleaning have been completed. 11.) The front door will need to be cleaned and repainted. 12.) The floor system in front sleeping room will need to be level once it has been repaired. 13.) The floor system in living room will need to be repaired where weak. 14.) The ceiling in the living room will need to have new sheetrock installed to repair damages from apparent roof leak. 15.) The roof covering will need to be replaced to prevent any further ceiling damage from water inside the home. 16.) The walls and ceiling of living room will need to be cleaned and repainted after damages have been repaired. 17.) Repairs will be needed for ceiling beam in living room that is starting to separate from ceiling. A crack has started to form at the wall between the living room and front sleeping room. 18.) A mold test will need to be performed in kitchen and a report of the results will need to be submitted to the inspections department. 19.) The floor system in the kitchen is very weak and will need to be repaired. 20.) The floor covering will need to be replaced after floor system has been completely repaired throughout the house. 21.) Extermination will need to be done on entire house for the massive infestation. f 22.) A working range will need to be provided in the kitchen to properly meet the minimum housing standards. 23.) Provide weather stripping around door in the kitchen. 24.) The walls and ceiling of the ceiling will need to be thoroughly cleaned. 25.) The walls will need to be repainted in the kitchen after cleaning. 26.) All electrical wiring in house will need to be inspected by a licensed electrician. It appears that the house has been rewired in the last few years but there are no records for permits at the inspections office. 27.) There appears to be a leak under the kitchen sink that will need to be repaired. 28.) All plumbing lines will need to be inspected by licensed plumber and repaired. (Smell of sewage coming from under house) A more thorough inspection can be done after the water has been turned back on to the house. 29.) Repair or replace range hood in kitchen. 30.) The electrical panel in the kitchen will need to labeled and inspected. 31.) The wall around the electrical panel will need to be repaired. 32.) Countertop in the kitchen will need to be replaced where it has been broke around the sink. 33.) Cover for water heater wires is missing screws. 34.) All holes in walls of the hallway will need to be patched and repaired. 35.) The walls of the hallway will need to be thoroughly cleaned. 36.) The walls of the hallway will need to be repainted after they are repaired and cleaned. 37.) The ceiling In the hallway will need to cleaned. 38.) Paint hanging from the ceiling in the hallway will need to be scraped off before cleaning. 39.) Ceiling in hallway will also need to be repainted. 40.) The tub in the bathroom will need to be cleaned. 41.) The tile around the tub will also need to be cleaned. 42.) An escutcheon plate will need to be provided where the shower head pipe goes into the wall. 43.) A mold test will need to be performed in the bathroom. Provide Inspections Department with copy of results. 44.) The ceiling over the tub will need to be cleaned. 45.) The switch plate is missing in bathroom near door. 46.) All of the fire damage in the bathroom will need to be repaired. 47.) The mirror in the bathroom will need to be replaced where broken. 48.) The ceiling in the bathroom will need to be cleaned after the mold test has been completed and the fire damages have been repaired. 49.) The ceiling in the bathroom will need to be repainted after it has been cleaned. 50.) Repair any leaks that may be present In the bathroom. Unable to check for leaks due to the water being turned off to the house. 51.) The bathroom door will need to cleaned and repainted. 52.) The ceiling in the back right bedroom will need to be cleaned and repainted. 53.) The door for the back right bedroom will need to be cleaned and repainted. 54.) New floor covering will need to be provided in the back right bedroom over the exposed subfloor. 55.) A new knob and lock will need to be provided for the back right bedroom door. 56.) New floor covering in the hallway will need to be completely installed to cover entire floor. 57.) All plaster damages will need to repaired in the walls. 58.) Provide working smoke detectors in all bedrooms and a working combo detector outside the sleeping areas. 59.) The door frame for the second bedroom on the right side of the hallway will need to be repaired from damages. 60.) The door and frame for second bedroom on right side of hallway will need to be cleaned and painted after it has been repaired. 61.) The walls in the second bedroom on the right side of the hallway will need to be repaired. 62.) There is a receptacle plate missing and box hanging out of the wall in the second bedroom on the right. 63.) The walls in the second bedroom on right will need to be cleaned and repainted after all repairs have been made. 64.) The second bedroom on the right must be provided with a closet. Old closet has been torn out. 65.) Repair ceiling in the second bedroom on right where tape, plastic and cardboard are covering possible damages. 66.) The ceiling in the second right bedroom will need to be cleaned and repainted after all repairs have been made. 67.) The floor system in the second right bedroom will need to be addressed and repaired where it is weak. 68.) After all repairs have been made to the floor system, new floor covering will need to be provided. 69.) The ceiling will need to be repaired in the left bedroom where a bag is hung from ceiling to possibly cover damages, 70.) The ceiling will need to be cleaned and repainted in the left bedroom. 71.) Stress cracks appear to be forming in plaster on walls in the left bedroom. A foundation inspection will need to be performed by an engineer to assess the structural damage. 72.) New floor covering will need to be provided over exposed subfloor in the left bedroom. 73.) The walls in the left bedroom will need to be cleaned and repainted after repairs have been made. 74.) The floor covering in bathroom will need to be replaced after floor system repairs have been completed. 75.) The floor system in the bathroom will need to be repaired where it Is weak. 76.) A receptacle plate is missing in the front sleeping area on front wall of house. 77.) All rotten wood or damaged areas of front porch covering will need to be replaced and repaired. Entire front porch covering including rafters, soffit, and supporting posts appear to be rotten. 78.) Front porch will need to be cleaned off to assess any other possible damages to the slab of the porch. 79.) The damaged siding on the front of the house will need to be replaced. 80.) The vent pipe on right side of house will need to be removed if it is no longer in use. It can currently be used as an access for bugs into house. 81.) The hole in the foundation wall under the front window unit will need to be repaired. 82.) The bricks on the side porch will need to be repaired and provided where missing. 83.) A handrail will need to be provided on the side porch. 84.) The roof sheathing appears to be rotten on the covering for side porch. 85.) All sheathing on the roof that is rotten will need to be replaced. 86.) 1 was unable to inspect under house due to over grown grass alongside of the house. 87.) Any damaged or missing plumbing under the house will need to be repaired by a licensed plumber. 88.) The gable end vent is missing from the side of the house. A new vent will need to be installed. This Is also a possible location of entry for rodents and rain. 89.) All damaged siding on gable end will need to be repaired. 90.) The framing around the gable vent appears to be rotten. Any rotten framing will need to be replaced. 91.) All damaged areas of the foundation will need to be repaired. 92.) All overgrowth and weeds will need to be cut around the house to fully inspect the complete exterior of the house. 93.) Rotten window sill on the left side of the house will need to be replaced. 94.) Vinyl will need to be provided over wood window seal after replacement to prevent future rot. 95.) Damaged siding on the left side of the house will need to be repaired or replaced. 96.) All windows need to be able to seal shut to prevent draft. Some windows have curtains or sheets in joints. 97.) The damaged vinyl under large window on the left side of the house will need to be repaired or replaced. 98.) The fascia board on the left side of the house appears to have a few rotten spots. They will need to be replaced if rotten. 99.) The tree on the left side of the house will need to removed off of the house. 100.) The outside of the house will need to be completely cleaned after all repairs have been made. 101.) All trash and debris from inside and outside of the house will need to be removed from the property. 102.) Any damages with electrical, plumbing, or framing will need to repaired. 103.) Some work may require permits. Those permits must be obtained prior to that work being done. Sla rJohnson I Date:8/21/2020 Delivery Method: Hand Delivered Building Inspector August 17th, 2020 November 24t"12020 north carolina IV.UUNN city of coon POST OFFICE BOX 1065 - DUNN, NORTH CAROLINA 28335 (910) 230-3500 - FAX (910) 230-3590 www.dtinn-nc.org Mayor William P. Elmore Jr. Mayor Pro Tern Chuck Tannage Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy N. Tart Dr. David L. Bmdham City Manager Steven Neuschal'er 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 14th, 2020, the Building Inspector for the City of Dunn sent a notice to Specialized IRA Service FBO and John Leggett IRA C/O Alberta Peoples, the owner(s) of record of the structure located at 1014 E. Edgerton St. noting that the structure is in a condition that constitutes a fire and safety hazard, and is dangerous to life, health and property and were thereby condemned, pursuant to North Carolina General Statute §160A-426, and noticed the property owner of a hearing on September 21st, 2020 at the office of the Building Inspector located at 102 North Powell Ave., Dunn, North Carolina pursuant to North Carolina General Statute §160A-428; and WHEREAS, on September 21st, 2020 a hearing was conducted by the Building Inspector Slater Johnson in which Alberta Peoples attended. Following the completion of the hearing, the 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 November 21st, 2020; and DUNN b:ft&[i gBeeiead 1 ► where ca-nzmaw ma&ers C_ 089 * 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 27d', 2020 and December 1st, 2020, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on December 8t", 2020 to consider the adoption of this Ordinance, directing that the Building Inspector proceed with the demolition of the structure described hereby, and that all costs incurred shall be a lien against such property, pursuant to North Carolina General Statute § 160A-432; and WHEREAS, the City Council of the City of Dunn, NC finds that the structure described herein is dangerous or prejudicial to the public health or public safety and is a nuisance in violation of North Carolina General Statute 160A-193; and WHEREAS, the 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 the structure has been given a reasonable opportunity to repair or demolish the structure pursuant to an Order issued by the Building Inspector on September 22°d, 2020 and the owner has failed to comply with this order; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dunn, North Carolina that: Section 1. The Building Inspector is hereby authorized and directed to place a placard on the exterior of the structure described herein, containing the legend: "This building is unfit for human habitation and is a public nuisance; the use or occupation of this building for human habitation is prohibited and unlawful." On the structure at the following address: 1014 E. Edgerton St. Dunn, NC 28334 PIN #: 1516-95-6297.000 PID #:02152608020025 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 22nd day of September, 2020 and in accordance with North Carolina General Statute §160A-432, based on the owner's failure to comply with such Order. Section 3. (a) The cost of removal or demolition shall constitute a lien against the real property upon which the cost was incurred. The lien shall be filed in the office of the City Tax Collector, and shall have the same priority and be collected in the same manner as the lien for special assessments in Article 10 of Chapter 160A of the North Carolina General Statutes, and such costs shall also be lien against any other real property owned by the owner of the property within the City of Dunn, North Carolina, or within one (1) mile of the City of Dumr 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 8th day of December, 2020. William P. Elmore, Jr. Mayor Attest: Tammy Williams, CMC City Clerk Print this Pagel: — -,Harnett C' �—N"T'Y Fl 7e,' 11F[Arauu„ 02152608020025 1516-95-6297.000 :0030582 Property Description: 1 LT E EDGERTON 81X150 Acreage: 1.000 LT ac ad Acreage: 0.32 ac Number: 1500022828 SPECIALIZED IRA SERVICE FBO & JOHN LEGGETT IRA Address: 1014 E EDGERTON ST C/O ALBERTA PEOPLES DUNN, NC 28334 tarty Address: 1014 E EDGERTON ST DUNN, NC 28334 State, Zip: DUNN, NC, 28334 ling Count: 1 iship Code: 02 Tax District: Dunn Averasbom d Building Value: $40500 it Outbuilding Value: $400 it Land Value : $10000 it Special Land Value: $0 Value : $50900 it Deferred Value: $0 Assessed Value: $50900 Harnett County GIS Neighborhood: 00206 Actual Year Built: 1925 TotalAculalAreaHeated: 1456 Sq/Ft Sale Month and Year: 4 / 2017 Sale Price: $1000 Deed Book 8, Page: 3495-0706 Deed Date: 1491868800000 Plat Book 8. Page: - Instrument Type: QC Vacant or Improved: QualifiedCode: C Transfer or Split: T Within 1ml of Agriculture District: No Prior Building Value: $37680 Prior Outbuilding Value : $400 Prior Land Value : $10000 Prior Special Land Value : $0 Prior Deferred Value : $0 Prior Assessed Value : $48080 D baftld AIFAmerica City Ail•Ameriea City 111111 x _ Council agenda For 1 ► et ate: , d984 �' Z013 1484 * 2013 SUBJECT TITLE: Consideration of Ordinance to Demolish House —1008 E. Harnett St. PIN #:1516-95-8642,000 Presenter: Chief Building Inspector Steven King Asly Department: Planning and Inspections Description: Ordinance to Demolish Property Attachment: mYes ❑ No Property History Pictures of Property Public Hearing Advertisement Date: 11/27/2020 & 12/01 /2020 PURPOSE: a) Public Hearing: Consideration of Ordinance to Demolish House —1008 E. Harnett St. PIN #: 1516-95-8642,000, The Public Hearing was advertised on November 27th and December 1st, 2020. b) Purpose: Building Inspector Slater Johnson has conducted an inspection at 1008 E. Harnett St. and based upon his observations, the structure is unsafe and has been condemned in accordance with G.S. §160A-426. The Building Inspector also found the structure 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. 1) Should Council decide to proceed with the demolition of the dwelling at 1008 E. Harnett St, an ordinance (which is attached) would need approval directing the Chief Building Inspector to remove or demolish said structure. BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Motion to adopt the ordinance directing the Building Inspector to proceed with the demolition of the dwelling located at 1008 E. Harnett St. (PIN #: 1516-95-8642.000) LEGAL NOTICE NOTICE IS HEREBY GIVEN TIiAT 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 DECEMBER 8, 2020 IN THE COURTROOM OF THE DUNN MUNICIPAL BUILDING. THE FOLLOWING ITEMS WILL BE DISCUSSED: PUBLIC HEARING: (1) A HEARING WAS HELD ON SEPTEMBER 13, 2019 IN REFERENCE TO THE STRUCTURES LOCATED AT 706, 710, AND 800 N. FAYETTEVILLE AVE. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF N.C.G.S. 160A - 428. AN ORDER WAS ALSO PLACED TO OWNER(S), LESTER GROUP, INC., 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 STRUCTURES REMOVED AND ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY. (2) A HEARING WAS HELD ON SEPTEMBER 21, 2020 IN REFERENCE TO THE DWELLING LOCATED AT 1014 E. EDGERTON 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), SPECIALIZED IRA SERVICES FBO & JOHN LEGGETT IRA, C/O ALBERTA PEOPLES, 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. (1) A HEARING WAS HELD ON JULY 24, 2020 IN REFERENCE TO THE DWELLING LOCATED AT 609 S. SAMPSON 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 — 441. AN ORDER WAS ALSO PLACED TO OWNER(S), TERESA PARKER, TO REPAIR, CLOSE 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 CLOSED AND DEEMED UNFIT FOR HUMAN HABITATION. ALL PERSONS DESIRING TO BE HEARD EITHER FOR OR AGAINST THE PROPOSED ITEM SET FORTH ABOVE ARE REQUESTED TO FOLLOW THE FOLLOWING PROCEDURES DUE TO COVID-19: PUBLIC ACCESS WILL BE LIMITED TO ONE (1) PERSON AT A TIME FOR IN -PERSON COMMENTS AT THE DECEMBER 8, 2020 COUNCIL MEETING. - COMMENTS FOR OR AGAINST THE PROPOSED ITEM WILL BE READ DURING THE PUBLIC HEARING, IF RECEIVED BY THE CITY CLERK BY 1:00 PM ON DECEMBER 7, 2020. COMMENTS CAN BE CALLED IN TO (910) 230-3501 OR EMAILED TO TWILLIAMSrwDUNN-NC.ORG. - TO CALL IN YOUR COMMENTS DURING THE PUBLIC HEARING, CONTACT THE CITY CLERK NO LATER THATN 1:00 PM ON DECEMBER 7, 2020 FOR INSTRUCTIONS. - THE MEETINGS CAN BE VIEWED — FACEBOOK LIVE — CITY OF DUNN, NC PAGE AND WILL BE ABLE TO HEARD OUTSIDE CHAMBERS FOR ANY PRESENTING IN PERSON. STEVEN KING CHIEF BUILDING INSPECTOR CITY OF DUNN Advertise: November 27"', and December 1", 2020 city of dune PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3505 - FAX (910) 230-9005 www.dunn-nc.org ,; amLei / o James R. Levinson P.O. Box 117 Benson, NC 27504 To Whom It May Concern: LOCATION OF STRUCTURE(S): 1008 E. Harnett St. (PIN #: 1516-95-8642.000) Mayor William P. Elmore, Jr. Mayor ProTem Chuck Tumage Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart 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, December 81h, 2020 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(s). This is the 30th day of November, 2020. Steven King Chief Building Inspector City of Dunn, NC DUNN A14Ameelca Clty i r 1989 *2018 -®" ® north Carolina jim'u,." NN city of Bunn PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3505 ® FAX (910) 230-9005 www.dunn-nc.org PROPERTY HISTORY: 1008 E. Harnett St. (PIN #: 1516-95-8642.000) [Ward 3] Owner: James R Levinson P O Box 117 Benson, NC 27504 Overview: Mayor William P. Elmore, Jr. Mayor Pro Tem Chuck Turnage Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart Dr. David L Bradham City Manager Steven Neuschafer September 3, 2020 — Property condemned due to the current status of property and deteriorating conditions of the dwelling. Condemnation notice sent to owner(s) with hearing date of September 91h, 2020. September 8, 2020 — Hearing held on site with Randall Durham and Tony Woodard. September 14, 2020 — Order after Condemned Hearing notice allowing sixty (60) days for repairs or demolition of property sent to owner(s). Appeal letter sent with this notice informing owner(s) of the appeal process if they desired to do so. September 24, 2020 — Ten (10) day time period for appeal expires. No appeal received. November 13, 2020 — Allowed time period of sixty (60) days expires. November 24, 2020 — Site visit performed at the property to see if any improvements have been made. Exterior inspection of dwelling revealed that nothing has been done to repair the structure. Pictures taken to update file. November 30, 2020 — Public hearing notice sent to James R Levinson notifying him of the December 8"', 2020 Council Meeting. December 8, 2020 — Scheduled for City Council Meeting. L 91dt! maam August loth, 020 11: • - •- � 1 1 north carolina city of dunn POST OFFICE BOX 1065 - DUNN, NORTH CAROLINA 28335 (910) 230-3500 - FAX (910) 230-3590 www.dtinn-nc.org Mayor William P. Elmore Jr. Mayor Pro Tem Chuck Tumage Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy N. Tart 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, 2020, the Building Inspector for the City of Dunn sent a notice to James R Levinson, the owner(s) of record of the structure located at 1008 E. Harnett St. noting that the structure is in a condition that constitutes a fire and safety hazard, and is dangerous to life, health and property and were thereby condemned, pursuant to North Carolina General Statute §160A-426, and noticed the property owner of a hearing on September 9th, 2020 at the office of the Building Inspector located at 102 North Powell Ave., Dunn, North Carolina pursuant to North Carolina General Statute §160A-428; and WHEREAS, on September 81h, 2020 a hearing was conducted by the Building Inspector Slater Johnson on site with Randal Durham and Tony Woodard, following the completion of the hearing, the 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 November 13th, 2020; and DUNN All -America Lily a 1 wore wmmt maffers 19sq * 20o 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 27"', 2020 and December 1", 2020, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on December 8"', 2020 to consider the adoption of this Ordinance, directing that the Building Inspector proceed with the demolition of the structure described hereby, and that all costs incurred shall be a lien against such property, pursuant to North Carolina General Statute § 160A-432; and WHEREAS, the City Council of the City of Dunn, NC finds that the structure described herein is dangerous or prejudicial to the public health or public safety and is a nuisance in violation of North Carolina General Statute 160A-193; and WHEREAS, the 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 the structure has been given a reasonable opportunity to repair or demolish the structure pursuant to an Order issued by the Building Inspector on September 141h, 2020 and the owner has failed to comply with this order; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dunn, North Carolina that: Section 1. The Building Inspector is hereby authorized and directed to place a placard on the exterior of the structure described herein, containing the legend: "This building is unfit for human habitation and is a public nuisance; the use or occupation of this building for human habitation is prohibited and unlawful." On the structure at the following address: 1008 E. Harnett St. Dunn, NC 28334 PIN #:1516-95-8642.000 PID #:02152608010021 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 14`" day of September, 2020 and in accordance with North Carolina General Statute § 160A-432, based on the owner's failure to comply with such Order. Section 3. (a) The cost of removal or demolition shall constitute a lien against the real property upon which the cost was incurred. The lien shall be filed in the office of the City Tax Collector, and shall have the same priority and be collected in the same manner as the lien for special assessments in Article 10 of Chapter 160A of the North Carolina General Statutes, and such costs shall also be lien against any other real property owned by the owner of the property within the City of Dunn, North Carolina, or within one (1) mile of the City of Durm 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 8"' day of December, 2020. William P. Elmore, Jr. Mayor Attest: Tammy Williams, CMC City Clerk Print this page`: Harnett N(Mlll ZAK LMA 02152608010021 1516-95-8642.000 ,:0019440 Acreage: 3.000 LT ac ad Acreage: 0.45 ac I Number: 213763000 : LEVINSON JAMES R Property Description: 1 LT 1004 E HARNETT ST MPg2013-159 Address : P O BOX 117 BENSON, NC 27504-0000 ierty Address: 1008 E HARNETT ST DUNN, NC 28334 State, Zip: DUNN, NC, 28334 ling Count: 3 nship Code: 02 Tax District: Dunn Averasboro it Building Value: $60200 :I Outbuilding Value : $0 d Land Value : $20000 :I Special Land Value : $0 Value : $80200 d Deferred Value : $0 Assessed Value : $80200 Harnett County GIS Neighborhood: 00202 Actual Year Built: 1930 TotalAcutalAreaHeated: 600 Sq/Fl Sale Month and Year: 10 / 1993 Sale Price: $0 Deed Book & Page: 1024-0424 Deed Date: 749433600000 Plat Book & Page: 2013-159 Instrument Type: E Vacant or Improved: OualifiedCode: X Transfer or Split: Within tmi of Agriculture District: No Prior Building Value: $68140 Prior Outbuilding Value : $0 Prior Land Value : $20000 Prior Special Land Value : $0 Prior Deferred Value : $0 Prior Assessed Value : $88140 c& ��»� o a DU.(NN All -America City t> of AIpAmericaCity 1 1 City/ Council agenda Form 1 1 ® Meeting eel_ ate®December , '. t489 � 2013 1989 * 2013 SUBJECT TITLE: Consideration of Ordinance to deem property Unfit for Human Habitation 609 S. Sampson Ave. PIN #: 15 3-9892.000 Presenter: Chief Building Inspector Steven King Department: Planning and Inspections Description: Unfit for Human Habitation Ordinance Attachment: mYes ❑ No Property History Pictures of Property Public Hearing Advertisement Date: 11/27/2020 & 12/01/2020 a) Public Hearing: Consideration of Ordinance to deem property Unfit for Human Habitation —609 S. Sampson Ave. (PIN #: 1516-73-9892.000) The Public Hearing was advertised on November 27th and December 1st, 2020. Purpose: Building Inspector, Dwayne Williams, has conducted an inspection at 609 S. Sampson Ave. and found the structure in a deteriorated condition that does not meet the requirements of the City of Dunn's Minimum Housing Code, The Chief Building Inspector also found the property dangerous or prejudicial to the public health or public safety and is a nuisance in violation of N.C.G.S. §160A-193. The owner of the property has failed to comply with the Chief Building Inspector's order to bring the structure on the property into compliance with the City of Dunn Minimum Housing Code and pursuant to N.C.G.S. §160A-443, the City Council has the authority to direct the Chief Building Inspector to post on the main entrance of the property a placard that states "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful". If the owner of the property has not repaired, altered or improved the property to bring it into compliance with Chapter 4, Article VII of the Dunn City Code within twelve (12) months of the adoption of this ordinance, the Building Inspector is directed to bring the matter back before the City Council for further consideration of remedies available to the City of Dunn under N.C.G.S. §160A-443. b) Decision BUDGETIMPACT: RECOMMENDATIONIACTION REQUESTED: Motion to adopt the ordinance directing the Chief Building Inspector to post the property Unfit for Human Habitation at 609 S. Sampson Ave. (PIN #: 1516-73-9892.000) 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 DECEMBER 8, 2020 IN THE COURTROOM OF THE DUNN MUNICIPAL BUILDING. THE FOLLOWING ITEMS WILL BE DISCUSSED: PUBLIC BEARING: (1) A HEARING WAS HELD ON SEPTEMBER 13, 2019 IN REFERENCE TO THE STRUCTURES LOCATED AT 706, 710, AND 800 N. FAYETTEVILLE AVE. XI' SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF N.C.G.S. 160A - 428. AN ORDER WAS ALSO PLACED TO OWNER(S), LESTER GROUP, INC., 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 STRUCTURES REMOVED AND ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY. (2) A HEARING WAS HELD ON SEPTEMBER 21, 2020 IN REFERENCE TO THE DWELLING LOCATED AT 1014 E. EDGERTON ST. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF TFIE CITY OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160A-428. AN ORDER WAS ALSO PLACED TO OWNER(S), SPECIALIZED IRA SERVICES FBO & JOHN LEGGETT IRA, C/O ALBERTA PEOPLES, TO REPAIR OR DEMOLISH SAID DWELLING. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE DWELLING REMOVED AND ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY. (3) A HEARING WAS HELD ON SEPTEMBER 8, 2020 IN REFERENCE TO THE DWELLING LOCATED AT 1008 E. HARNETT ST. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160A - 428. AN ORDER WAS ALSO PLACED TO OWNER(S), JAMES R. LEVINSON, 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 PERSONS DESIRING TO BE HEARD EITHER FOR OR AGAINST THE PROPOSED ITEM SET FORTH ABOVE ARE REQUESTED TO FOLLOW THE FOLLOWING PROCEDURES DUE TO COVID-19: PUBLIC ACCESS WILL BE LIMITED TO ONE (1) PERSON AT A TIME FOR IN -PERSON COMMENTS AT THE DECEMBER 8, 2020 COUNCIL MEETING. COMMENTS FOR OR AGAINST THE PROPOSED ITEM WILL BE READ DURING THE PUBLIC HEARING, IF RECEIVED BY THE CITY CLERIC BY 1:00 PM ON DECEMBER 7, 2020. COMMENTS CAN BE CALLED IN TO (910) 230-3501 OR EMAILED TO TWILLIAMSna DUNN-NC.ORG. TO CALL IN YOUR COMMENTS DURING THE PUBLIC HEARING, CONTACT THE CITY CLERK NO LATER THATN 1:00 PM ON DECEMBER 7, 2020 FOR INSTRUCTIONS. THE MEETINGS CAN BE VIEWED — FACEBOOK LIVE — CITY OF DUNN, NC PAGE AND WILL BE ABLE TO HEARD OUTSIDE CHAMBERS FOR ANY PRESENTING IN PERSON. STEVEN ICING CHIEF BUILDING INSPECTOR CITY OF DUNN Advertise: November 27"', and December 1", 2020 CiLy of clunn PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3505 • FAX (910) 230-9005 wwwAtinn-ne,org • Teresa Parker 1111 Old Barbour Rd. Benson, NC 27504-6605 To Whom It May Concern: LOCATION OF STRUCTURE(S): 609 S. Sampson Ave. (PIN #: 1516-73-9892.000) Mayor William P. Elmore, Jr. Mayon' Pro Tcni Chuck Turnage Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy'I'art Dr. David L. Bradhau 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, December 811h, 2020 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(s). This is the 301h day of November, 2020. Steven King Chief Building Inspector City of Dunn, NC DUNN yAIFAmerlca Clq 1 1999*2013 north carolina Lw"UNN city of dunn 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: 609 S. Sampson Ave. (PIN #: 1516-73-9892.000) (Ward 31 Owner: Teresa Parker I I I I Old Barbour Rd. Benson, NC 27504-6605 Overview: Mayor William P. Elmore. Jr. Mayor Pro Tem Chuck Tumage Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart Dr. David L Bradham City Manager Steven Neuschafer May 11, 2020 Minimum housing letter was mailed to property owner requesting to set up an appointment to for Minimum Housing inspection to be conducted at 609 S. Sampson Ave. July 6, 2020 — Minimum Housing inspection was conducted at 609 S. Sampson Ave. July 24, 2020 —Hearing scheduled at Planning and Inspections Department. Hearing was attended by Dwayne Williams, Terry Wood and Teresa Parker. August 3, 2020 — Ten (10) daytime period for appeal expires. No appeal received. November 1, 2020 — Allowed time period of ninety (90) days expires. November 24, 2020 — Site visit performed at the property to see if any improvements have been made. No notable repairs or changes have been made to the property. Pictures taken to update file. November 25, 2020 — Public hearing notice sent to Teresa Parker notifying her on the December 8"', 2020 Council Meeting. December 8, 2020 — Scheduled for City Council Meeting. May 1111, 2020 November 241h, 2020 north Carolina city of dunn POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3500 ° FAX (910) 230-3590 www.dunn-nc.org Mayor William P. Elmore Jr. Mayor Pro Tern Chuck Tannage Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy N. Tart Dr. David L, Bradham City Manager Steven Neuschafer AN ORDINANCE DECLARING THE PROPERTY HEREIN DESCRIBED AS UNFIT FOR HUMAN HABITATION PURSUANT TO N.C.G.S. §160A-443, ET SEQ. WHEREAS, that on July 9, 2020 the Building Inspector for the City of Dunn sent a notice to Teresa Parker the owners of record of the property located at 609 S. Sampson Ave. that the property was in a condition that does not meet the requirements of the City of Dunn Minimum Housing Code and served on the property owner of Complaint and Notice of Hearing, that a hearing would be held on July 24, 2020, at the office of the Building Inspector located at 102 North Powell Ave., Dunn, North Carolina pursuant to North Carolina General Statute §160A-443, el seg.; and WHEREAS, on July 24, 2020, attending the hearing was Teresa Parker, Terry Wood and Code Enforcement Officer, Dwayne Williams, and following the completion of the hearing, the Building Inspector entered an Order, pursuant to North Carolina General Statute § 160A-443, declaring that the property referenced above was deteriorated pursuant to the City of Dunn Minimum Housing Code and ordering the property owner to bring the property into compliance with the City of Dunn Minimum Housing Code within ninety (90) days of the date of such Order, being November 1, 2020 and if necessary, that the property be vacated until the repairs, alterations and improvements to the property were made to bring such property into compliance with the City of Duren Minimum Housing Code as set forth in Article VII of the Dunn City Code; and WHEREAS, the owner of the above described property did not appeal the Order of the Chief Building Inspector within the ten (10) day time period prescribed in Section 4-186 of the Duren City Code such Order is therefore a final Order; and DUNN All -America City IIR1 I Mhere camm ! maffers Iss4*2or= WHEREAS, on November 27, 2020 and December 1, 2020, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on December 8, 2020 to consider the adoption of this Ordinance, directing the Chief Building Inspector to post on the main entrance of the property a placard that states: This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful;." and WHEREAS, the City Council of the City of Dunn, NC finds that the property described herein is unfit for human habitation and that the Chief Building hnspector shall post the main entrance of such property with the placard provided for herein; and WHEREAS, the owner of this property has been given a reasonable opportunity to repair the property pursuant to an Order issued by the Chief Building Inspector on August 3, 2020, and the owner has failed to comply with the 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 main enhance of the building located on the property described herein, containing the legend: "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful." on the structure located at the following address: 609 S. Sampson Ave. Dunn, NC 28334 PIN #: 1516-73-9892.000 PARCEL ID#: 02151612170013 Section 2. 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. Occupation of the building once posted with said placard shall be Class 1 misdemeanor pursuant to North Carolina General Statute § 160A-443. Section 3. This ordinance shall become effective upon its adoption. Section 4. If the owner of the property described herein has not repaired, altered or improved the property to bring it into compliance with Section 4-31 of the Dunn City Code within twelve (12) months of the adoption of this Ordinance, the Building Inspector is directed to bring the matter back before the City Council for further consideration of remedies available to the City of Dunn under North Carolina General Statute §160A-443. Adopted this the 8" day of December, 2020 William P. Elmore, Jr. Mayor Attest: Tammy Williams, CMC City Clerk `Print this page.: Harnett COUNTY 0 (i I3TH [Ak01.t1:h 02151612170013 1516-73-9892.000 :0008268 Acreage: 2.000 LT ac ed Acreage: 0.16 ac t Number: 1500032094 PARKER TERESA Property Description: LOTS#16-17 THORNTON LAND 50X140 MB#1249 Address: 1111 OLD BARBOUR RD BENSON, NC 27504-6605 ierty Address: 609 S SAMPSON AVE DUNN, NO 28334 State, Zip: DUNN, NC, 28334 ding Count: i nship Code: 02 Tax District: Dunn Averasbom Parcel Building Value: $95920 Parcel Outbuilding Value : $1300 Parcel Land Value : $7600 Parcel Special Land Value : $0 Total Value: $104720 Parcel Deferred Value: $0 Total Assessed Value : $104720 Harnett County GIS Neighborhood: 00212 Actual Year Built: 1950 TotalAcutalAreaHeated: 2700 Sq/Ft Sale Month and Year: 711956 Sale Price: $0 Deed Book & Page: 366-0391 Deed Date:-425606400000 Plat Book & Page: 1249 Instrument Type: WD Vacant or improved: QualifiedCode: D Transfer or Split: Within trot of Agriculture District: No Prior Building Value: $110630 Prior Outbuilding Value : $1300 Prior Land Value : $7500 Prior Special Land Value : $0 Prior Deferred Value : $0 Prior Assessed Value : $119430 DUNN I— - "' a _ D uN�N ���d All -America Cip � � �, < <+,�,�„ Alf-America!Ay 11 City ounci Agenda Form 1 ® e i ate: _ ece e , 202,E1989 * 2013 1989 * 20 SUBJECT TITLE: Consideration to Sell Real Property owned by the City of Dunn Presenter: City Manager Neuschafer Department: Administration Description: Resolution needed to sell Real Property by Attachment: X Yes No Upset Bids, NCGS § 160A-269, Offer to Purchase, Harnett GIS Parcel Report, and Deed Public Hearing Advertisement Date: PURPOSE: The City has received an offer of $8,000, by Lucknow Homes LLC, to purchase real property located at 415 S Magnolia Avenue in Dunn. Offer to Purchase was received by the City Clerk on November 24, 2020. If the Council wishes to proceed with the sale of the property, the property would be sold with "Notice to sell Real Property with Invitation for Upset Bids." If approved, a deposit of at least 5 percent will be deposited with the Clerk by the prospective purchaser. Notice will be published in The Daily Record, as well as other means of advertising, for the potential sale of the residential lot. Prospective bidders have 10 days to present an upset bid (to include 5% deposit) and the bid must be raised at least 10% of the first $1000, plus 5% of any amount above $1000 of the original bid. This procedure will be repeated until an upset bid has not been received. BACKGROUND: Ordinance to Demolish the house on the property was adopted in August, 2010. The property was accepted by the Dunn City Council in January, 2013. The outstanding balance owed the City of Dunn by the previous property owner is $6,701.10. The parcel land value shown on the Harnett GIS Parcel Report is $7,500. BUDGET IMPACT: Proceeds from Sale of Real Property RECOMMENDATIONIACTION REQUESTED: To approve (or deny) the Resolution to Sell Real Property pursuant to the Notice and Upset Bids procedure as set forth in N.C. General Statute §160A-260, north carolirta 0 1WULIEN city of dunn POST OFFICE BOX 1065 ^ DUNN, NORTH CAROLINA 28335 (910) 230-3500 • FAX (910) 230-3590 www.dunn-nc.org Mayor William P. Elmore Jr. Mayor Pro Tern Clock Turnage Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart Dr. David L. Bradl am City Manager Steven Neusehafer RESOLUTION AUTHORIZING THE SELL OF REAL PROPERTY BY UPSET BID WHEREAS, the City of Dunn is the owner of a 75 foot x 140 foot lot located at 415 S Magnolia Avenue in the City of Dunn, Harnett County, NC 28334. This tract is conveyed to the City of Dunn in that Deed recorded in Book 3113, Page 435-437, Harnett County Registry, PIN# 1516-65-4531.000, Parcel ID No. 02151611170007; and WHEREAS, North Carolina General Statute § 160A-269 permits the city to sell property by upset bid, after receipt of an offer for the property; and WHEREAS, the City has received an offer to purchase the property described above, in the amount of $8,000, submitted by Lucknow Homes LLC. THEREFORE, THE CITY COUNCIL OF THE CITY OF DUNN RESOLVES THAT: 1. The City Council authorizes sale of the property described above through the upset bid procedure of North Carolina General Statute § 160A-269. 2. Upon receipt from Lucknow Homes LLC of the required five percent (5% deposit), the city clerk shall cause a notice of the proposed sale to be published. The notice shall describe the property and the amount of the offer, and shall state the terms under which the offer may be upset. 3. Persons wishing to upset the offer that has been received shall submit a sealed bid with their offer to the office of the city clerk within 10 days after the notice of sale is published. At the conclusion of the 10-day period, the city clerk shall open the bids, if any, and the highest such bid will become the new offer. If there is more than one bid in the highest amount, the first such bid received will become the new offer. 4. If a qualifying higher bid is received, the city clerk shall cause a new notice of upset bid to be published, and shall continue to do so until a 10-day period has passed without any qualifying upset bid having been received. At that time, the amount of the final high bid shall be reported to the City Council. S. A qualifying higher bid is one that raises the existing offer by not less than ten percent (10%) of the first $1,000.00 of that offer and five percent (5%) of the remainder of that offer. DUNN baftd All-Amerle� Citl 1 I re 6-0-=Z ! 7na&ers ive9 � zo[z 6. A qualifying higher bid must also be accompanied by a deposit in the amount of five percent (5%) of the bid; the deposit may be made in cash, cashier's check, or certified check. The city will return the deposit on any bid not accepted, and will return the deposit on an offer subject to upset if a qualifying higher bid is received. The city will return the deposit of the final high bidder at closing. 7. The terms of the final sale are that the City Council must approve the final high offer before the sale is closed, which it will do within 30 days after the final upset bid period has passed. 8. The city reserves the right to withdraw the property from sale at any time before the final high bid is accepted and the right to reject at any time all bids. 9. If no qualifying upset bid is received after the initial public notice, the offer set forth above is hereby accepted. The City Manager is authorized to execute the instruments necessary to convey the property to Lucknow Homes LLC. Adopted this 8th day of December, 2020. William P. Elmore Jr. Mayor ATTEST: Tammy Williams, CMC City Clerk § 160A-269. Negotiated offer, advertisement, and upset bids. A city may receive, solicit, or negotiate an offer to purchase property and advertise it for upset bids. When an offer is made and the council proposes to accept it, the council shall require the offeror to deposit five percent (5%) of his bid with the city cleric, and shall publish a notice of the offer. The notice shall contain a general description of the property, the amount and terms of the offer, and a notice that within 10 days any person may raise the bid by not less than ten percent (10%) of the first one thousand dollars ($1,000) and five percent (5%) of the remainder. When a bid is raised, the bidder shall deposit with the city cleric five percent (5%) of the increased bid, and the clerk shall readvertise the offer at the increased bid. This procedure shall be repeated until no further qualifying upset bids are received, at which time the council may accept the offer and sell the property to the highest bidder. The council may at any time reject any and all offers. (1971, c. 698, s. 1; 1979, 2nd Sess., c. 1247, s. 25.) G.S. 160a-269 Page 1 DOCUSIgn Envelope ID: 0764BABD-493D-47D6-A76C-6091E1ABE13FD OFFER TO PURCHASE AND CONTRACT- VACANT LOT/LAND [Consult "Guidelines" (Form 12G) for guidance in completing this form) NOTE: This contract is intended for unimproved real property that Buyer will purchase only for personal use and does not have immediate plans to subdivide. It should not be used to sell property that is being subdivided unless (lie property has been platted, property approved and recorded with the register of deeds as of lire date of the contract. If Seller is Buyer's builder and the sale involves the construction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract —New Conslnretion (Form 800-T) or, if the construction is completed, use the Offer to Purchase and Contract (Form 2-T) with the New Construction Addendum (Form 2A3-T). For valuable consideration, fire receipt and legal sufficiency of which are hereby acknowledged, Buyer offers to purchase and Seller upon acceptance agrees to sell and convey the Property of the terns and conditions of this Offer To Purchase and Contract and ally addendum or mortification made in accordance with its terms (together the "Contract"), 1. TERMS AND DEFINITIONS: The terms listed below shall have the respective meaning given them as set forth adjacent to each tern. (a) "Seller": City of Dunn _ (b) "Buyer": Lueknow Homes LLC _ _ (c) "Property": The Properly shall include all that real estate described below together with all appurtenances thereto including the improvements located thereon, NOTE: If the Property will include a manufactured (mobile) hone(s), Buyer and Seller should consider Including the Manufactured (Mobile) Home provision in the Additional Provisions Addendum (Standard Form 2AI I-T) with this offer. Street Address: 415 S Magnolin Ave _ City: Duna Zip: 28334 County: Harnett , North Carolina NOTE: Governmental authority over taxes, zoning, school districts, utilities and mail delivery may differ from address shown. Legal Description: (Complete ALL applicable) Plat Reference :Lopthflt , Block/Seolion , Subdivision/Condonninimnt , as shown on Plat Book/Slide at Page(s) The PIN/PID or other identification number of the Property is: 1516-65-4531,000 Other description: Some or all of the Property may be described in Hoed Book at Page (d) "Purchnse Price": $ _ _ 8,000.00 S s 500.00 S 7,500.00 paid in U.S. Dollars upon the following terms: BY DUE DILIGENCE FEE made payable and delivered to Seller by the Effective Date. BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph i(f) by ❑ cash L] personal check ❑ official bank check []wire transfer, ❑eleclronieb-ansfer,EITHER ❑ with this offer OR ❑withinfive (5)days of(lie Effective Date of this Contract. BY (ADDITIONAL) F,ARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph 1(0 by cash, official batik check, wire transfer or electronic transfer no later than 5 p.m. oil _ .__, 77itIF BEING Or, THE ESSFNCF. BY ASSUMPTION of file unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust on file Property in accordance with the attached Loan Assumption Addendum (Standard Form 2A6-T). BY SELLER FINANCING in accordance with the attached Seller Financing Addendum (Standard Form 2A5-T). BALANCE of (lie Purchase Price in cash at Settlement (some or all of which may be paid with the proceeds of a new loan). Page 1 of 12 19 This form jointly approved by: North Carolina Bar Association nEALTIA. North Carotinn Association of REALTORS", Inc. Buyer initials — Seller initials STANDARD FORM 12-T ® RCrdsed 7/2020 M.. © 712020 DocuSign Envelope ID: 0764BABD-493D-47UB-A76C-8091EIABEBFD Should Buyer fail to deliver either the Due Diligence Fee or any Initial Earnest Money Deposit by their due dates, or should any check or other finds paid by Buyer be dishonored, for any reason, by the institution upon Which the payment is drawn, Bayer shall have one (1) banking day after written notice to deliver cash, official batik check, wire transfer or electronic transfer to the payee. In the event Buyer does not timely deliver the required finds, Seller shall have the right to terminate this Contract rq)oil written notice to Buyer. (c) "Earnest Money Deposit": The Initial Earliest Money Deposit, the Additional Earnest Money Deposit and any other earliest monies paid or required to be paid in connection with this transaction, collectively the "Earnest Money Deposit", shall be deposited and held in escrow by Escrow Agent until Closing, at which time it will be credited to Buyer, or until this Contract is otherwise terminated. hr the event: (1) this offer is not accepted; or (2) a condition of any resulting contract is not satisfied, then the Earnest Money Deposit shall be refunded to Buyer. In the event of breach of this Contract by Seller, the Earliest Money Deposit shall be reftmded to Buyer upon Buyer's request, bill such return shall not affect any other remedies available to Buyer for such breach. 1n the event of breach of this Contract by Buyer, the Earnest Money Deposit shall be paid to Seller. The payment of the Earnest Money Deposit to Seller and the retention of any Due Diligence Fee by Seller (without regard to their respective amounts, including zero) together shall serve as liquidated damages ("Liquidated Damages") and as Sellers sole and exclusive remedy for such breach, but without limiting Seller's rights under Paragraphs 4(d) and 4(e) for damage to the Property. It is acknowledged by the patties that tiro amount of the Liquidated Damages is compensatory and not punitive, such amount being a reasonable estimation of the actual loss that Seller would incur as a result of a breach of this Contract by Bayer. Tire payment to Seller and/or retention by Seller of the Liquidated Damages shall not constitute a penalty or forfeiture but actual compensation for Setter's anticipated loss, both parties acknowledging the difficulty determining Seller's actual damages for such breach. If legal proceedings are brought by Buyer or Seller against the other to recover (lie Earnest Money Deposit, the prevailing petty in the proceeding shall be entitled to recover from the non -prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. (f) "Escrow Agent" (insert none): Attorney of buyers choice Buyer and Seller consent to disclosure by the Escrow Agent of any material facts pertaining to the Earnest Molloy Deposit to the parties to this transaction, their real estate agent(s) and Buyers lender(s). NOTE: In the event of a dispute between Seller and Buyer over the disposition of the Famest Money Deposit held in escrow, a licensed real estate broker ("Broker') is required by state law (and Escrow Agent, if not a Broker, hereby agrees) to retain the Earliest Moncy Deposit in the Escrow Agent's tmst or escrow account until Escrow Agent has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternatively, if a Broker or all attorney licensed to practice law in North Carolina ("Attorney") is holding the Earliest Money Deposit, the Broker or Attorney may deposit the disputed monies with the appropriate clerk of court hr accordance with the provisions of N.C.G.S. $93A-12. THE PARTIES AGREE THAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCROW AGENT MAY PLACE IHE EARNEST MONEY DEPOSIT IN AN INTEREST BEARING TRUST ACCOUNT AND THAT ANY INTEREST EARNED THEREON SHALL BE DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED T HERFNVITH. (g) "Effective Date": The date that: (1) the last one of Buyer and Seller has signed or initialed this offer or the final counteroffer, if any, and (2) such signing o initialing is communicated to the party making the offer or counteroffer, as the case may be. The parties acknowledge and agree that the initials lilies at the bottom of each page of this Contract are merely evidence of their having reviewed the terms of each page, and that the complete execution of such initials lines shall mot be a condition of the effectiveness of this Agreement. (it) "Due Diligence Buyer's opportunity to investigate the Property and the transaction contemplated by this Contract, including but not necessarily limited to file matters described in Paragraph 2 below, to decide Whether Buyer, in Buyer's sole discretion, will proceed with or terminate the transaction. (i) "Due Diligence Fee": A negotiated amount, if any, paid by Buyer to Seller with this Contract for Buyer's right to terminate the Contract for any reason or no reason during the Due Diligence Period. It shalt be the property of Seller upon [lie Effective Date and shall be a credit to Buyer at Closing. The Due Diligence Fee shall be non-refundable except in the event of a material breach of this Contract by Seller, or if this Contract is terminated under Paragraph 6(n) or as otherwise provided in any addendum hereto. Buyer and Seller each expressly Waive any right that they may have to deny the right to conduct Due Diligence or to assert any defense as to the enforceability of this Contract based on the absence or alleged insufficiency of any Due Diligence Fee, it being the intent of the parties to create a legally binding contract for the purchase and sale of the Property Without regard to the existence or amount orally Due Diligence Fee. Page 2 of 12 STANDARD FORM 12-T Revised 7/2020 Buyer initialSE0 Seller initials 07l2020 Produce Wth 8prormfl by iipLogix 113070 Fifteen 1.11e Road, Fm.1. Michigan 40020 1llylY.ER o1 1 Doc uSign Envelope ID: 0764BABD-493D-47D6-A76C-6091 ElABEBFO (j) "Due Diligence Pei -loci": The period beginning on the Effective Date and extending through 5:00 p.m, our TIME BEING OF THE ESSENCE, (k) "Settlement": The proper execution and delivery to the closing attorney of all documents necessary to complete tine transaction contemplated by this Contract, including the deed, settlement statement, deed of trust and other loan or conveyance documents, and tine closing attorney's receipt of all fluids necessary to complete such trausactimn. (1) "Settlement Date": The parties agree that Settlement will take place on 30 days from contract date ((lie "Settlement Date"), unless otherwise agreed in writing, of a time and place designated by Buyer, NOTE: See paragraph 9, DELAY IN SETTLEMENT/CLOSRNG for conditions tinder which Settlement may be. delayed. (inn) "Closing": The completion of the legal process which results in the transfer of title to the Property from Seller to Buyer, which includes the following steps: (1) the Settlement (defined above); (2) the completion of a satisfactory title update to the Property following the Settlement; (3) the closing attorney's receipt of authorization to disburse all necessary funds; and (4) recordation in (he appropriate county registry of the deed(s) and deed(s) of trust, if any, which shall take place as soon its reasomabty, possible for the closing atomey after Settlement. Upon Closing, the proceeds of sale shall be disbursed by the closing attorney in accordance with the settlement statement and the provisions of Chapter 45A of the North Carolina General Statutes- If the title update should reveal unexpected liens, encumbrances or other title defects, or if the closing attorney is not authorized to disburse all necessary finds, their the Closing shall be suspended and the Settlement deemed delayed under Paragraph 9 (Delay in Settlememt/Closing). WARNING: The North Carolina State Bar has determined Ihal the perfomnance of most acts and services required for a closing constitutes the practice of law and must be performed only by an attorney licensed to practice law in North Carolina. Stale law prohibits unlicensed individuals or firms from rendering legal services or advice. Although non -attorney settlement agents may perform limited services in connection with a closing, they may not perfomr all the acts and services required to complete a closing. A closing involves significant legal issues that should be handled by an attorney. Accordingly it is the position of the North Carolina Bar Association slid the North Carolina Association of REALTORS© that all buyers should hire an attorney licensed in North Carolina to perform a closing. (it) "Special Assessments": A charge against the Property by a governmental authority hn addition to ad valorem tuxes and recurring governmental service fees levied with such taxes, or by an owners' association in addition to any regular assessment (does), either of which may bell lieu against the Property. A Special Assessment maybe either proposed or eonf irmed. "Proposed Special Assessment": A Special Assessment that is under formal consideration but which has not been approved prior to Settlement. "Confirmed Special Assessment": A Special Assessment that fins been approved prior to Settlement whether payable in a lump sum or future installments. NOTE: Any Proposed and Confirmed Special Assessments must be identified by Seller ill paragraph 5(b), and Buyer's and Seller's respective responsibilities for Proposed and Continued Special Assessments are addressed in paragraphs 4(a) and 6(k). 2, BUYER'S DUE DILIGENCE PROCESS: WARNING: BUYER IS STRONGLY ENCOURAGED TO CONDUCT DUE DILIGENCE, DURING THE DUB DILIGENCE PERIOD. If Buyer is not satisfied with the results or progress of Buyer's Due Diligence, Buyer should terminate this Contract, prior to the expiration of the Due Diligence Period, unless Buyer can obtain a written extension from Seller. SELLER IS NOT OBLIGATED TO GRANT AN EXTENSION. Although Buyer may continue to investigate the Property following tine expiration of the Due Diligence Period, Buyer's failure to deliver a Termination Notice to Seller prior to the expiration of the Due Diligence Period will constitute it waiver by Buyer of any right to terminate this Contract based on any matter relating to Buyer's Due Diligence, Provided however, following the Due Diligence Period, Buyer may still exercise a right to terminate if Seller fails to materiatly comply with any of Seller's obligations under paragraph 6 of this Contract or for any other reason permitted under the terms of this Contract or North Carolina law. (a) Loan: Buyer, at Buyer's expense, shall be entitled to pursue qualification for and approval of the Loan if airy. NOTE: Buyer's obligation to purchase the Property is not contingent oil obtaining a Loan. Therefore, Buyer is advised to consult with Buyer's lender prior to signing this offer to assure that the Due Diligence Period allows sufficient time for the appraisal to be completed and for Buyer's leader to provide Buyer sufficient information to decide whether to proceed with or terminate the transaction. Page 3 of 12 STANDARD FORM 12-T Revised 7/2020 Buyer initial r Seller initials © 7/2020 P,od"codvYOizlprmm9byzpLoglx 18070 much Wo Road, maser, Mlcllgan 48026 w,e ToLoalxconm i DocuSign Envelope ID: 0764BABD-493D-47D6.A76C.8091EIABEBFD (b) Property Investigation: Buyer or Buyer's agents or representatives, at Buyer's expense, shall be entitled to conduct all desired tests, surveys, appraisals, investigations, examinations and inspections of the Property as Buyer deems appropriate, including but NOT limited to One following: (i) Soil And Environmental: Reports to determine whether the soil is suitable for Buyer's intended use and whether there is ally environmental contamination, law, rule or regulation that may prohibit, restrict or limit Buyer's intended use. (if) Septfe/Sewer System: Any applicable investigation(s) to determine: (1) the condition of an existing sewage system, (2) the costs and expenses to install a sewage system approved by an existing Improvement Permit, (3) the availability and expense to connect to a public or community sewer system, and/or (4) whether an Improvement Permit or written evaluation may be obtained from the County Health Deparhnent train suitable ground absorption sewage system. (ffi) Water: Any applicable investigation(s) to determine: (1) the condition of in existing private drinking water well, (2) the costs and expenses to install a private drinking water well approved by an existing Construction Permit, (3) the availability, costs and expenses to connect to a public or community water system, or a shared private well, and/or (4) whether a Construction Penuit may be obtained from the County Health Department for a private drinking water well. (iv) Review of Documents: Review of the Declaration of Restrictive Covenants, Bylaws, Articles of Incorporation, Rules and Regulations, and other governing documents of any applicable owners' association and/or subdivision. If the Property is subject to regulation by all owners' association, it is recommriended that Buyer review the completed Owners' Association And Addendum (Standard Form 2Al2-T) provided by Seller prior to signing this offer. It is also recommended that the Buyer determine if the owners' association or its management company charges fees for providing information required by Buyer's lender or eonfrr llimgrestrictive covenant compliance. (v) Appraisals, An appraisal of the Property. (vf) Survey: A survey to determine whether the property is suitable for Buyer's intended rise and the location of easements, setbacks, property boundaries and other issues which may or may not constitute title defects. (vii)Zoning and Governmental Regulation: Investigation of current or proposed zoning or other governmental regulation that may affect Buyers intended use of the Property, adjacent land uses, planned or proposed road construction, and school attendance zones. (viii) Flood Hazard: Investigation of potential flood hazards on the Property, an(Vor any requirement to purchase flood insurance in order to obtain the Loon. (ix) Utilities and Access: Availability, quality, and obligations for maintenance of utilities including electric, gas, communication services, storm water management, and means of access to tine Property and amemf(ics. (x) Streets/Roads: investigation of file status of the street/road upon which the Property Ions as well as ally other street/road used to access the Property, including: (1) whether any slreet(s)hoad(s) are public or private, (2) whether any stree((s)/road(s) designated as public are accepted far maintenance by the State of NC or any municipality, or (3) if private or not accepted for public maintenance, the consequences and responsibility for maintenance and the existence, terms and finding orally maintenance agreements. NOTE: NC General Statutes Section 136-102.6(0 (the "Statute") requires that under circumstances described in the Stabile, a buyer must be provided a subdivision streets disclosure statement prior to entering into an agreement (o buy subdivided property described in (he Statute. If Buyer or Seller are uncertain whether the sale of the Properly described'.. in this Contract is subject to the Statute, consult a NC real estate attorney. (xi) Sale/Lease of Existing Property: As noted in paragraph 3(b), this Contract is not conditioned upon the sale/lease or closing of other property owned by Buyer. Therefore, if Buyer must sell or lease other real property in order to qualify, for a new loan or to otherwise complete the purchase of the Property, Buyer should seek to close on Buyer's other property prior to the end of the Due Diligence Period or be reasonably satisfied that closing our Buyer's other property will take place prior to the Settlement Date of this Contract. (c) Buyer's Obligation to Repair Dmuage: Buyer shall, at Buyer's expense, promptly repair any damage to the Property resulting from any activities of Buyer and Buyer's agents and contractors, but Buyer shall not be responsible for any damage caused by accepted practices applicable to any N.C. licensed professional performing reasonable appraisals, tests, surveys, examinations and inspections of the Property. This repair obligation shall survive any termination of (his Cordeaet. (d) Indemnity: Buyer will indemnify and hold Seller hanuless front all loss, damage, claims, suits or costs, which shall arise out of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents and contractors relating to (he Property except for any loss, damage, claim, suit or cost arising out of pre-existing conditions of the Property and/or out of Seller's negligence or willful acts or omissions. This indemnity shall survive this Contract and any termination hereof. Page 4 of 12 STANDARD FORM 12-T Revised 7/2020 Buyer initial �� Seller initials __ 07/2020 Prodaced WthApronntObyApLogix IiO Ffleaol need, Fraser, 1.11ch1gan48026 w .r; LoKxcorn m DocuSign Envelope ID: 0764BABD-493D-47D6-A76C-8091E1ABEBFD (e) Bityer`s Rig] it to Terminate: Buyer shall have the right to terminate this Contract for any reason or no reason, by delivering to Seller written notice of termination (the "Termination Notice") during the Due Diligence Period (or any agreed -upon written extension of the Due Diligence Period), TIME BEING OF THE ESSENCE, If Buyer timely delivers the Termination Notice, this Contract shall be terminated and the Earliest Money Deposit shall be reloaded to Buyer. (f) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN `WRITING. 3. BUYER RUPRESENTATIONS: (a) Lori: Buyer ❑ does ❑X does not intend to obtain a new loan in order to purchase the Property. If Boyer is obtaining a new loan, Buyer intends to obtain a loan as follows: ❑ Conventional rX1 Other: __ Cash loan at a ❑Fixed Rate❑AdjustableRatein(lie principalamouutof for aterulof year(s),at all initial interest rate not to exceed %per annum (tire "Loan"). I NOTE: Buyer's obligation under this Contract are not conditioned upon obtaining or closing any loan, NOTE: If Buyer does not intend to obtain a new loan, Seller is advised, prior to signing this offer, to obtain documentation from Buyer which demonstrates that Buyer will be able to close oil the Property without the necessity of obtaining a new lonn. (b) Other Property: Buyer []DOES NUDES NOT have to sell or lease other real property in order to qualify for a new loan or to complete the purchase. (Complete the following only If Btryer DOES have to sell or lease other real propertpt) Other Property Address: [-](Check if opplicabte) Buyer's other property IS under contract as of the date of this offer, and a copy of the contact has either been previously provided to Seller or accompanies this offer, (Buyer may mark out any confidential information, such as the purchase price and the bayers identity, prim' to providing a copy of the contract to Seller.) Failure to provide a copy of the contract shall not prevent this offer front becoming It binding contract; however, SELLER IS STRONGLY ENCOURAGED TO OBTAIN AND REVIEW THE CONTRACT ON BUYER'S PROPERTY PRIOR TO ACCEPTING THIS OFFER. ❑ (Check if applicable) Buyer's other properly IS NOT under contract as of the date of this offer. Buyer's property (check only ONE of the following options): ❑ is listed with and actively marketed by a licensed real estate broker. ❑ will be listed with and actively marketed by a licensed real estate broker. ❑ Buyer is attempting to sell/tense the Buyer's Property without the assistance of a licensed real estate broker. NOTE: This Contract is NOT conditioned upon the sale/lease or closing of Buyer's other property. If the parties agree to make this Contract conditioned on a sate/lease or closing of Buyer's other property, an appropriate contingency addendum should be (trolled by a North Croolima real estate attorney and added to this Contract. (c) Performance of Buyer's Financial Obligations: To the best of Buyer's knowledge, there are no other circumstances or conditions existing as of the date of' (his offer that would prohibit Buyer 0onr performing Buyers financial obligations in accordance with this Contract, except as maybe specifically set forth herein. 4. BUYER OBLIGATIONS: (a) Responsibility for Proposed Special Assessments: Buyer shall lake title subject to all Proposed Special Assessments, (b) Responsibility for Certain Costs: Buyer shall be responsible for all costs with respect to: (i) any loan obtained by Buyer, including charges by an owners association and/or management campany as agent of all owners' association for providing information required by Buyer's lender; (ii) charges required by an owners' association declaration to be paid by Buyer for Buyer's future use and enjoyment of the Property, including, without limitation, working capital contributions, membership fees, or charges for Buyer's use of the conrnron elements and/or seivices provided to Buyer, such as "stove -in fees"; (iii) determining restrictive covenant compliance; (iv) appraisal; (v) title search; (vi) title insurance; (vii) any fees charged by the closing attorney for the preparation of the Closing Disclosure, Seller Disclosure and any other settlement statement; (viii) recording the deed; and (ix) preparation and recording of all instruments required to secure the balance of the Purchase Price unpaid at Seltlemert. Page 5 of 12 STANDARD FORM 12-T (��,� Revised 7/2020 Buyer initials" Seller initials D 7/2020 Produced vriN LpFonn9 by ilpLogix 10010 Fpeen hue Roatl, Prase,. fAlch�gan 4802a ,vatw zioLwixw I DocuSi9n Envelope ID: 0764BABD-493D.47D6-A76C-8091EIABEBFD (c) Authorization to Disclose Information: Boyer authorizes tire Buyer's lender(s), the parties' real estate agent(s) and closing atlomey:(1) to provide this Contract to any appraiser employed by Buyer or by Buyer's lender(s); and (2) to release and disclose any buyers closing disclosure, settlement statement and/or disbursement summary, or any information therein, to the parties to this transaction, their real estate agent(s) and Buyer's Ita der(s). S. SELLER REPRESENTATIONS: (a) Ownership: Seller represents that Sellcr: n has owned file Property for at (east one year. ittjLLL--�JJJIII has owned the Property for less than one year. does not yet own fire Property, (b) Assessments: To the best of Seller's knowledge there ❑are X❑ are not any Proposed Special Assessments. If any Proposed Special Assessments, identify: Seller warants that there ❑ are ❑X are not any Confirmed Spceial Assessments, If any Confirmed Special Assessments, identify: NOTE: Buyer's and Seller's respective responsibilities for Proposed and Continued Special Assessments are addressed in paragraphs 4(a) and 6(k). (c) Owners' Assoclation(s) and Dues: To best of Sellers knowledge, ownership of the Property ❑ subjects ❑X does not subject Buyer to regulation by one or more owners' association(s) and governing documents, which impose various mandatory covenants, conditions and restrictions upon the Property and Buyer's enjoyment thereof, including but not limited to obligations to pay regular assessments (dues) and Special Assessments, if there is an owners' association, then an Owners' Association Disclosure and Addendum For Properties Exempt from Residential Property Disclosure Statement (Standard Form 2Al2-T) shall be completed by Seller, at Seller's expense, and must be attached as an addendum to this Contract, (d) Sewago System Permit: (❑Applicable ❑X Not Applicable) Seller warrants that the sewage system described in the Improvement Permit attached hereto has been installed, which representation survives Closing, but makes no finlher representations as to the system. (e) Private Drinking Water Well Permit: (❑ Applicable X Not Applicable) Seller warrants that a private drinking water well has been installed, which representation survives Closing, but makes no father representations as to the well. (If well installed after duly 1,2008, attach Improvement Permit hereto,) 6. SELLER OBLIGATIONS: (a) Evidence of Title, Payoff Statenrent(s) and Non Foreign Status: (i) Seller agrees to use best efforts to provide to the closing attorney as soon as reasonably possible after the Effective Dale, copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, aitorney's opinions on title, surveys, covenants, deeds, notes and deeds of trust, lenses, and easements retailing to the Properly. (ii) Seller shall provide to the closing attorney all information needed to obtain a written payoff statement from any lender(s) regarding any security interest in the Property as soon as reasonably possible after the Effective Date, and Seller designates the closing attorney as Seller's agent with express authority to request and obtain on Sellers behalf payoff statements and/or short -pay statements from any such Iender(s). (iii) If Seller is not a foreign person as defined by the Foreign Investment in Real Properly Tax Act, Seller shall also provide to the closing attorney a non -foreign status affidavit (pursuant to the Foreign Investment in Real Property Tax Act), It the event Seller shall not provide a non -foreign status affidavit, Seller acknowledges that there maybe withholding as provided by the Internal Revenue Code. (b) Authorization to Disclose Information: Seller authorizes: (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys; (2) the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's (or title insurer's agent's) file to Buyer and both Buyers and Sellers agents and attorneys, and (3) the closing attorney to release and disclose ,my sellers closing disclosure, settlement statement and/or disbursement summary, or any information therein, to the parties to this transaction, their real estate agent(s) and Buyers Iender(s). (c) Access to Property: Seller shall provide reasonable access to the Property through the earlier of Closing or possession by Buyer, including, but not limited to, allowing the Bayer and/or Buyers agents or representatives an opportunity to (i) conduct Due Diligence, (ii) verify the satisfactory completion of negotiated repairs/improvenerrls, and (iii) conduct a final walk-through inspection of the Property. Setters obligation includes providing existing utilities operating at Seller's cost including any connections and dewinterizing, To the extent applicable, Seller shall also be responsible for ninety clearing that portion of the Property required by the County to perform tests, inspections and/or evaluations to determine the suitability of the Property for a sewage system and/orprivale drinking water well, Page 6 or 12 STANDARD FORM 12-T Revised 7/2020 Buyer initial `-Dr Seller initials © 7/2020 PrWuced YAth zlpFormJ by zlpLogix 18070nfteeO Mr. Road, F.,.,,, 1.11chigm 46020 vxvi zlo�ix coo r DocuSign Envelope ID: 076413ABD-493D.47D6-A76C-8091E1ABEBFD NOTE: See \9ARN[NG in paragraph 2 above for limitation oil Buyers right to terminate this Contract as a result of Buyer's coutiuueti iuvosiigatiou of the Property following the expiration of the Due Diligence Period. d) Removal of Seller's Property: Seller shall remove from the Property, by the date possession is delivered, (I) till personal property which is not a part of the purchase and (ii) unless otherwise agreed, all garbage and debris. (e) Affidavit and IndeniuMcation Agreement: Seiler shall furnish at Settlement an affidavit(s) and indemnification agreenicnt(s) in form satisfactory to Buyer and Buyer's title insurer, if any, executed by Seller and any person or entity who has perfumed or furnished labor, services, materials or rental equipment to the Property within 120 days prior to the date of Settlement and who may be entitled to claim a lion against the Properly as described in N.C.G.S. §44A-8 verifying that each such person or entity has been paid in full and agreeing to indemnify Buyer, Buyer's lender(s) and Buyer's title insurer against all loss from any cause or claim arising there frotn. (f) Designation of Licit Agent, Payment and Satisfaction of Liens, If required by N.C,G.S. §44A-1I,1, Seller shall have designated a Lien Agent, and Seller shall deliver to Buyer as soon as reasonably possible a copy of the appointment of Lieu Agent. All deeds of trust, deferred ad valoem taxes, liens and other charges against the Property, not assumed by Buyer, mast be paid and satisfied by Seller prior to or at Settlement such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following Closing. (g) Good Title, Legal Access: Seller shall execute and deliver a GENERAL WARRANTY DEED for the Property in recordable Corm no later than Settlement, which shall convey fee simple marketable and insurable title, without exception for mechanics' liens, and free of any other liens, encumbrances or defects, including those which would be revealed by a current and accurate survey of the Property, except: ad valorem taxes for the current year (prorated through the date of Settlement); utility easements slid ❑nviolated covenants, conditions or restrictions that do not materially affect the value of the Property; and such other liens, encumbrances in defects as may be assumed or specifically approved by Buyer in writing. The Properly must have legal access to a public right of way. NOTE: Buyer's faihrre to conduct a survey or examine title of the Property prior to the expiration of the Due Diligence Period does not relieve the Seller of their obligation to deliver good title under this paragraph. NOTE: If any sale of the Property may be a "short sale," consideration should be given to attaching a Short Sale Addendum',, (Standard Form 2A14•T) as an addeadunn to this Contract. (h) Deed, Taxes, mil Fees: Seller shall pay for preparation of a deed and all other documents necessary to perform Seder's obligations tinder this Contract, and for state and county excise taxes, and any tdeferred, discounted or rollback taxes, and local conveyance fees required by law. The deed is to be made to: Lueknmv Ifomes LLC (i) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement $ 0 toward any of Buyer's expenses associated with the purchase of the Property, at the discretion of Buyer and/or lender, if any, concluding any FHA/VA lender and inspection costs that Buyer is not permitted to pay. (j) Owners' Association Fees/Charges: Seller shall pay: (i) any fees required for confirnning Seller's account payment information on owners' association dues or assessments for payment or proration; (ii) any fees imposed by an owners' association and/or a managennent company as agent of the owners' association in connection with the transaction contemplated by this Contract other than those fees required to be paid by Buyer tinder paragraph 4(b) above; and (iii) fees incurred by Seller in completing (lie Residential Property and Owners Association Disclosure Statement, and resale or other certificates related to a proposed sale of the Property. (k) Payment of Confirmed Special Assessments: Seller shall pay, in full at Settlement, all Confirmed Special Assessments, whether payable in a lump sum or future installments, provided that the amount thereof can be reasonably determined or estimated. The payment of such estimated amount shall be the final payment between (lie Parties. (1) Late Listing Penalties: All property tax late listing penalties, if any, shah be paid by Seller. (m)Owners' Association Disclosure and Condominium Resale Statement Addendum (Standard Form 2Al2-T): if applicable, Seller shall provide the completed Owners' Association Disclosure and Condominium Resale Stalennent Addendum to Bayer on or before the Effective Date. (n) Seller's Failure to Comply or Breach: If Seller fails to materially comply with any of Selicrs obligations tinder this Paragraph 6 or Seller materially breaches (his Contract, and Buyer elects to terminate this Contract as a result of such failure or breach, then the Earnest Money Deposit and the Due Diligence Fee shall be refunded to Buyer and Seller shall reimburse to Buyer the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence williout affecting any other remedies. if Page 7 of 12 STANDARD FORM I2-T (�j�,� Revised 7/2020 Buyer initials) �= Seiler initials © 7/2020 Pmdooed Wth nprmmO by Aptogu 16070 paean Mo Road, Row, 6Uchlgan 48026 Y%MZ%�otontx corn t DocuSign Envelope ID: 0764BABD-493D-47D6-A76C-6091EIABEBFD legal proceedings are brought by Buyer against the Seller to recover the Earnest Money Deposit, the Due Diligence Fee and/or the reasonable costs actually incurred by Boyer in connection with Buyers Due Diligence, the prevailing party in the proceeding shall be entitled to recover from the non -prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. 7. PROBATIONS AND ADJUSTMENTS: Unless otherwise agreed, the following items shall be prorated, with Seller responsible for fire prorated amounts through the date of Settlement, and either adjusted between the parties or paid at Settlement: (a) 'Taxes mr Real Property, Ad valorem taxes and recurring governmental service fees levied with such taxes on real property shall be prorated on a calendar year basis; (b) Rents: Rents, if any, for the Property; (c) Dues: Owners' association regular assessments (dues) and other like charges. 8. RISI{ OF LOSS/CONDITION OF PROPERTY AT CLOSING: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. Seller is advised not to cancel existing insurance oil the Property until after continuing recordation of the deed. Bayer's obligation to complete the transaction contemplated by this Contract shall be contingent upon lire Property being in substantially the same or better condition at Closing as oil the date of this offer, reasonable wear and tear excepted. If the Property is not in substantially the same or better condition at Closing as on the date or this offer, reasonable wear and tear excepted, Buyer may tenninnte this Contract by written notice delivered to Seller and the Earnest Money Deposit shall be reftmded to Buyer. If the Property is not in such condition and Buyer does NOT elect to teruinate this Contract, Buyer shall be entitled to receive, in addition to the Property, the proceeds of any insurance claim filed by Seller on account of any damage or destruction to the Property. 9, DELAY IN SETTLEMENT/CLOSING: Absent agreement to the contrary in this Contract or any subsequent modification thereto, if a party is unable to complete Settlement by the Settlement Date but intends to complete the transaction and is acting in good faith and with reasonable diligence to proceed to Settlement ("Delaying Party"), and if the other party is ready, willing and able to complete Settlement on the Settlement Date ("Non -Delaying Party") then the Delaying Party shall give as much notice as possible to the Non -Delaying Party and closing -literacy and shall be entitled to a delay in Settlement. If the panties fail to complete Settlement and Closing within fourteen (14) days of (lie Setlement Date (including any nurcuded Settlement Date agreed to in writing by the parties) or to otherwise extend the Settlement Date by written agreement, then the Delaying Party shall be in breach and the Non - Delaying Party may terminate this Contract and shall be entitled to enforce any remedies available to such party under this Contract for the breach. 10, POSSESSION: Unless otherwise provided herein, possession, including all means of access to the Property (keys, codes, including security codes, gate openers, electronic devices, etc.) shall be delivered at Closing as defined in Paragraph 1(m). No alterations, excavations, free or vegetation removal or other such activities may be done before possession is delivered. 11, ADDENDA: CHECK ALL STANDARD ADDENDA THAT MAY BE A PART OF THIS CONTRACT, IF ANY, AND ATTACH HERETO, ITEMIZE ALL OTHER ADDENDA TO THIS CONTRACT, IF ANY, AND ATTACH HERETO, Additional Provisions Addendum (Form 2AI I-T) Additional Signatures Addendum (Farm 3-T) Back -Up Contract Addendum (Form 2A I -T) Loan Assumption Addendum (Form 2A6-T) ❑ Identify other attorney or party drafted addenda: ❑ Owners' Association Disclosure And Addendum For Properties Exempt from Residential Property Disclosure Statement (Form 2AI2-T) ❑ Seller Financing Addendum (Form 2A5-T) ❑ Short Sale Addendum (Forrn 2AI4-T) NOTE: UNDER NORTH CAROLINA LAW, REAL ESTATE BROKERS ARE NOT PERMITTED TO DRAFT ADDENDA TO THIS CONTRACT. 12. ASSIGNMENTS: This Contract may not be assigned without the written consent of all parties except in connection with a tax -deferred exchange, but if assigned by agreement, then this Contract shall be binding on the assignee and assignee's heirs and successors. 13. TAR. -DEFERRED EXCHANGE: bn the event Buyer or Seller desires to effect a tax -deferred exchange in connection with the conveyance of tine Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging party shall be responsible for all additional costs associated with such exchange, and provided further, that a non -exchanging party shall not assume any additional liability with respect to such tax -deferred exchange. Buyer and Seller shall execute such additional Page 8 of 12 STANDARD FORM 12-T Revised 7/2020 Buyer initials �� Sellerinitials 0712020 ProduceA with yprOnn'J byzrpLoy�x tOD10 FIieen ldlle roue, Fleset.Id!ddyan 48026 1tYJYPALe�J � DocuSl9n Envelope ID; 07649ABD.4930-47D6.A760-809f E4ABEBFD documents, including assignment of this Contract in connection therewith, tit no cost to the non -exchanging party, as shall be required to give effect to this provision. 14. PARTIES; This Contract shall be binding upon and shall blare to the benefit of Buyer and Seller and their respective heirs, successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate. 15. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed after tine Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fidly observed, kept or performed. 16. ENTIRE AGREEMENT: This Contract contains the entire agreement of the parties and there are no representations, inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties, Nothing contained herein shall after any agreement between a REALTORO or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement, or any other agency agreement between them. 17. CONDUCT OF TRANSACTION: The parties agree that any action between them relating to the transaction contemplated by this Contract may be conducted by electronic means, including (lie signing of this Contract by one or more of them and any notice or communication given in connection with this Contract. Any written notice or communication may be transmitted to any mailing address, c,imil address or fax number set forth in the "Notice Information" section below. Any notice or communication to be given to a party herein, any fee, deposit of other payment to he delivered to a party herein, may be given to tine party or to such party's agent. Delivery of any notice to a party via means of electronic transmission shall be deemed complete at such time as the sender performs the final act to send such transmission, in a form capable of being processed by the receiving party's system, to any electronic address provided for such party in the "Notice Information" section below. Seller and Buyer agree that the `Notice Inforinatiod' and "Acknowledgment of Receipt of Monies" sections below shall not constitute a material part of this Contract, and that the addition or modification of any information therein shall not constitute a rejection of an offer or the creation of a counteroffer, 18. EXECUTION: This Contract may be signed ill multiple originals or counterparts, all of which together constitute one and the same instrument. 19, COMPUTATION OF DAYS/TIME OF DAY: Unless otherwise provided, for purposes of this Contract, the term "days" shalt mean consecutive calendar days, including Saturdays, Sundays, and holidays, whether federal, state, local or religious. For the purposes of calculating days, the count of "days" shall begin on the day following the day upon which any act or notice as provided in this Contract was required to be performed or made, Any reference to a date or tine of day shall refer to the date and/or time of day in the State of North Carolina. [THIS SPACE INTENTIONALLY LEFT BLANK] Page 9 of 12 STANDARD FORM 12-1' Revised 7/2020 Buyer inifinkF r-1 Seller initials © 7/2020 Noduwdvilhzlpronn90yilpleglx 10070 Filleen MAO Road. Haser. MICIdgan 48026 1 DocuSign Envelope ID: 0764BABD-4930-4706-A76C-809f EIABEBED THE NORTH CAROLINA ASSOCIATION OF RF,ALTORSO, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT, This offer shall become a binding contract on the Effective Date. Unless specifically provided otherwise, Buyer's failure to timely deliver any fee, deposit or other payment provided for herein shall not prevent this offer from becoming a blinding contract, provided that any such failure shall give Seller certain rights to terminate the contract as described herein or as otherwise permitted by law. Date: 11/24/2020 a„�ab..n by Date: Buyer_ _ Seller tiC'fR40fr'Iomes LLC City of Dorm Date: Date: Buyer Entity Buyer: (Name of LLC/Colporalion/Partnersltip/Tcost/etc.) By: Name: Title: Date: Name Seller Entity Seller: (Name of LLC/Corporalimt/Partnership/Trust/etc.) By: _ Name: Title: Date: WIRE FRAUD WARNING Print Name TO BUYERS: BEFORE SENDING ANY WIRE, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE TO VERIFY THE INSTRUCTIONS. IF YOU RECEIVE WIRING INSTRUCTIONS FOR A DIFFERENT BANK, BRANCH LOCATION, ACCOUNT NAME OR ACCOUNT NUMBER, THEY SHOULD BE PRESUMED FRAUDULENT. DO NOTSEND ANY FUNDS AND CONTACT THE CLOSING ATTORNEY'S OFFICE IMMEDIATELY. TO SELLERS: IF YOUR PROCEEDS WILL BE WIRED, IT 1S RECOMMENDED THAT YOU PROVIDE WIRING INSTRUCTIONS AT CLOSING IN WRITING IN THE PRESENCE OF THE ATTORNEY. IF YOU ARE UNABLE TO ATTEND CLOSING, YOU MAY BE REQUIRED TO SEND AN ORIGINAL NOTARIZED DIRECTIVE TO THE CLOSING ATTORNEY'S OFFICE CONTAINING THE WIRING INSTRUCTIONS. THIS MAY BE SBNT WITH THE DEED, LIEN WAIVER AND TAX FORMS IF THOSE DOCUMENTS ARE BEING PREPARED FOR YOU BY THE CLOSING ATTORNEY, AT A MINIMUM, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE TO PROVIDE THE WIRE INSTRUCTIONS. THE WIRE, INSTRUCTIONS SHOULD BE VERIFIED OVER TIIE TELEPHONE VIA A CALL TO YOU INITIATED BY THE CLOSING ATTORNEY'S OFFICE TO ENSURE THAT THEY ARE NOT FROM A FRAUDULENT SOURCE. WHETHER YOU ARE A BUYER OR A SELLER, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE AT A NUMBER THAT IS INDEPENDENTLY OBTAINED. TO ENSURE THAT YOUR CONTACT IS LEGITIMATE, YOU SHOULD NOT RELY ON A PHONE NUMBER IN AN EMAIL FROM THE CLOSING ATTORNEY'S OFFICE, YOUR REAL ESTATE AGENT OR ANYONE ELSE. Page 10 of 12 STANDARD FORM 12-T ReAsed 7/2020 © 7/2020 Vro4uced wilA vpFow9 by Lpl-o0ix 18070 Moan hl to Road, Fraser, hQchlgan 48026 9x}1's^IoLouix coi DocuSign Envelope ID: 0764BABD-4930-47D6-A76C-8091EtABEBFD NOTICE INFORMATION NOTE: INSERT AT LEAST ONE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVES FOR THE RECEIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT, INSERT "N/A" FOR ANY WHICH ARE NOT APPROVED. BUYER NOTICE ADDRESS: Mailing Address: Bayer Fax#: Buyer E-mail: SELLER NOTICE ADDRESS: Mailing Address: Seller Fax#: Seller E-mail: CONFMMATION OF AGENCY/NOTICE ADDRESSES Selling Finn Name: _ Acting as ❑ Buyers Agent ❑ Sellers(sub)Agent ❑ Dual Agent Firin License H: _ Mailing Address: Individual Sclling Agcnt: ❑ Acting as a Designated Dual Agent (check only if applicable) Selling Agent License #: Selling Agent Phone#: Selling Agent Fax#: _ Selling Agent E-mail: Listing Finn Name: Acting as ❑ Seller's Agent ❑Dual Agent Firm License Ht Mailing Address: Individual Listing Agent: _ ❑ Acting as a Designated Owl Agent (check only if applicable) Listing Agent License #: Listing Agent Phone#: Listing Agent Fax#: Listing Agent E-nreih [THIS SPACE INTENTIONALLY LEFT BLANK] Page 11 of 12 STANDARD FORM 12-T Revised 7/2020 Buyer initialsE Seller hritials © 712020 Producod rids LpForm�J by zlpLoplx WMFiftnon lAuonoad,nmser,M. Mgan40026yrwrzloLonlx cons 1 DocuSlgn Envelope ID: 0764BABD-4930-47D6-A76C-8091E1ABEBFD ACKNOWLEDGMENTOF RECEIPT OF MONIES Seller: Cityof Dorm _ ("Seller") Buyer: Lucknow Homes LLC ("Buyer") PropertyAdd oss: 415 S illaquol a Ave, Dann, NC 28334 ("Property") ❑ LISTING AGENT ACIQNOWLEDGt41ENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph l(d) of the Offer to Purchase and Contract behveen Buyer and Seller for the sale of the Property provides for the payment to Seller of a Due Diligence Fee in the amount of $ , receipt of which Listing Agent hereby acknowledges, Date: Finn: By: (Signa(ure) (Print uame) -------- ❑ SELLER ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE PEE Paragraph 1(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Seller of a Due Diligence Fee in the amount of $ _ �, receipt of which Seller hereby acknowledges. Date: Seller: (Signature) City of Drum Date: Seller: ------ — ❑ ESCROW AGENT ACI{NOWLEDGMENT OF RECEIPT OF INITIAL EARNEST MONEY DEPOSIT Paragraph I (d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Escrow Agent of an Initial Earnest Money Deposit in the amotwt of $ . Escrow Agent as identified in Paragraph Ili) of the Offer to Purchase and Contract hereby acknowledges receipt of the Initial Earnest Money Deposit and agrees to hold and disburse (Ire same in accordance with the terms of (lie Offer to Purchase and Contract. Date: Firm: Attorney of buyers choice By: .._(Signature) (Print name) ----------------------------------------------------------------------------------- ❑ESCROW AGENT ACKNOWLEDGAUNT OF RECEIPT OF (ADDITIONAL) EARNEST MONEY DEPOSIT Paragraph l(d) of (he Offer to Purchase and Contract behveen Buyer and Seller for the sale of the Property provides for the payment to Escrow Agent of an (Additional) Earnest Money Deposit in the amount of $ _. Escrow Agent as identified in Paragraph 1(0 of the Offer to Purchase and Contract hereby acknowledges receipt of the (Additional) Earnest Money Deposit and agrees to hold and disburse the same in accordance with tire terms of the Offer to Purchase and Contract. Date: Time: Firm: Atforucy of buyers choice AM. []PM By: Page 12 of 12 Produced11!ffi 1pF0.e)byz!PLNlx I8070FIRmnldio Road,Frosor.tdichl9004002Gy4%V.&LbA1x.b (Signature) uame) STANDARD FORM 12-T Revised 7l2020 © 712020 Print thl. page Harnett C0_UNTY :;ti'1H tARi)I.tta PID:02151611170007 PIN: 151665-4531.000 REID: 0018669 %creage: 1.000 IT ac :d Acreage: 0.25 ac Number: 1500008519 DUNN CITY OF Property Description: 1 LOT 415 S MAGNOLIA AV &E POPE STREET Owner Address : 401 E BROAD ST DUNN, NC 28335 Property Address: 415 S MAGNOLIA AVE DUNN, NC 28334 City, State, Zip: DUNN, NC, 28334 Building Count: 0 Township Code: 02 Fire Tax District: Dunn Averasboro 1 Building Value: $0 1 Outbuilding Value : $0 I Land Value : $7500 1 Special Land Value: $0 Value : $7500 1 Deferred Value $0 Assessed Value : $7500 Harnett County GIS Neighborhood: 00212 Actual Year Built: TotalAcutalAreaHeated: SglFt Sale Month and Year: 5 / 2013 Sale Price: $0 Deed Book & Page: 3113-0435 Deed Date: 1367452800000 Plat Book & Page: - Instrument Type: WD Vacant or improved: QualifiedCode: I Transfer or Split: T Within 1mi of Agriculture Dlstricc No Prior Building Value: $0 Prior Outbuilding Value : $0 Prior Land Value ; $7500 Prior Special Land Value : $0 Prior Deferred Value : $0 Prior Assessed Value : $7500 `°.,...."- B3f 13 - P435 ._ ..... I-{ WETT COUNTY � 1-: FOR REGISTRATION Kimberly S. Hargrove REGISTER OF DEEDS Harnett CountyY NC 2013 MAY 02 01:6'%:26 AM 8K.-3113 E2fi4-437 00 INSTRUMENT a 2013007533 AUMCNEILL I12013007533 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax $-0- Recording Time, Book and Page Real Estate ID No. 18669 Parcel Identifier No. 02-1516-11-17.0007 Mail after Recording to: R Allen Lytch, PA, P.O. Box 157 Duna, NC 28335 This instrument was prepared by: R. Allen Lytch, Attorney at Law Brief description for the Index: 75XI40 It, lot 415 S. Magnolia Avenue, Dunn, NC 28334 No Title Search done, nor opinion given by the preparer of this deed. THIS GENERAL WARRANTY DEED, made this 22cd day of January, 2013, by and between GRANTOR GRANTEE Fredrick V. Whams and City of Drum Joseph S. Williams, by and through his 401 E. Broad Street Attorney -in -Fact, Fredrick V. Williams Dunn, North Carolina 28335 305 Autumn Way Yorktown, VA 23693 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WiTNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain and convey unto The Grantee in fee simple, all that certain lot or parcel of land situated in Grove Township, Harnett County, North Carolina and more particularly described as follows: BEGINNING at a intersection of the Northern margin of East Pope Street, with the Eastern margin of South Magnolia Avenue, in the Town of Dunn, and runs thence Easterly with Pope Street 140 feet to an alley; thence Northwardly parallel with Magnolia Avenue and with the alley 75 feet to a stake; thence Westwardly parallel with Pope Street 140 feet to Magnolia Avenue; thence Southwardiy with Magnolia Avenue 75 feet to the BEGINNING; thence being a lot 75 feet by 140 feet and being in Block "Bla according to the map and plan of the Town of Dunn, North Carolina. This is the same land described in deed recorded in Book 273, Page 521, Harnett County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. B3113 - P436 And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: RIGHTS OF WAY, EASEMENTS, COVENANTS, RESTRICTIONS AND OTHER MATTERS OF RECORD. HARNETT COUNTY AD VALOREM TAXES AND SUBSEQUENT YEAR TAXES. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals the day and year first above written. GRANTOR(S): I i I L�(SEAL) 4dd I n� Fredrick V. Williams O DI (SEAL) ()Joseah S. Williams, by and through his Attorney -in -Fact, Fredrick V. Williams 313-P3 STATE OF -r COUNTY OF��� I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Fredrick V. Williams. Date; 1 TARY PUBLIC ( A )inn 'nn Notary's printed or typed name My commission expires: O t STATE OF J( 'sr COUNTY OF I, a Notary Public in and for said County and State, do hereby certify that Fredrick V. Williams, Attorney -in -fact for Joseph S. Williams, personally appeared before me this day and acknowledged the due execution of the foregoing instrument for and in behalf of Joseph S. Williams and that the authority of Fredrick V. Williams to execute and acknowledge said instrument is contained in an instrument duly executed, acknowledged and recorded in Book3.16Y Page 632 in the Office of Register of Deeds in the County of Harnett, State of North Carolina, on the � day of 2013, and that this instrument was executed under and by virtue of the authority given by said instrument granting power of attorney; that the said Fredrick V. Williams acknowledged the due execution of the foregoing deed for the purposes therein expressed for and in behalf of the said Joseph S. Williams. Witness my hand and official seal, this the _@Fjl� day of �&n, 2013. (OFFICIAL SEAL) O cial Signature of Notary Not 's Printed or Typed Name: Commission Expires: ..rraorrbrrr.. loxi M7816M ;'t DUNN g m WM3 D 0- 1 N­ - N"­ DUNN 1.k City Council 3 1111. Meeting Date: December 8, 2020 SUBJECT TITLE: Election of Mayor Pro Tem 'resenter: Mayor ElmoreDepartment: Governing Body ' No Public Hearing Advertisement PURPOSE: To elect a Mayor Pro Tem BACKGROUND: North Carolina General Statute § 160A-70. At the organizational meeting, the council shall elect from among its members a mayor pro tempore to serve at the pleasure of the council. A councilman serving as mayor pro tempore shall be entitled to vote on all matters and shall be considered a councilman for all purposes, including the determination of whether a quorum is present. During the absence of the mayor, the council may confer upon the mayor pro tempore any of the powers and duties of the mayor. If the mayor should become physically or mentally incapable of performing the duties of his office, the council may by unanimous vote declare that he is incapacitated and confer any of his powers and duties on the mayor pro tempore. Upon the mayor's declaration that he is no longer incapacitated, and with the concurrence of a majority of the council, the mayor shall resume the exercise of his powers and duties. In the event both the mayor and the mayor pro tempore are absent from a meeting, the council may elect from its members a temporary chairman to preside in such absence According to City of Dunn Ordinance Sec. 2-27. The mayor shall preside at all meetings of the city council, and in his absence the mayor pro tempore shall preside, According to City of Dunn Ordinance Sec. 3-2. The city council shall choose one of its number to act as mayor pro tempore, and he shall perform the duties of the mayor in the mayor's absence or disability. The mayor pro tempore, as such, shall have no fixed term of office, but shall serve in such capacity at the pleasure of the remaining members of the council. BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Motion to elect as Mayor Pro Tem. i9 LNtV '°-.Dis" tI L�:,Pali" �J L'V1� UNN All -America City All -America C� 1City Council Agenda Form 1 I 1111.r1111. Meeting Date: December , 20 1989 * 2013 I999 * 2013 SUBJECT TITLE: Reports - Goals and Objectives established by Council Presenter: City Manager Steven Neuschafer Department Heads Department: Admin Various Attachment: XYes No Description: Monthly Reports Public Hearing Advertisement Date: PURPOSE: Attached please find the Monthly Reports for the Goals and Objectives established by the Council at the 2020-2021 Budget Retreat. Changes are highlighted in yellow. BACKGROUND: Six Month Goals and Objectives for FY 2020-2021 Complete Dog Park - Trail from Tyler Park to Tart Park - Storm Water Drainage — Continue to Clean and Clear out Storm Water Inlets - Paving Projects — Repair of Potholes and Small Scale Paving Projects - Aggressive Code Enforcement— Dilapidated and Boarded up - Residential and Commercial - Start Visioning Process - Implement Downtown Main Street Program Four-year Long Term Goals and Objectives - Land transactions for Business Development supporting Community Growth - Address Infrastructure Needs — Paving, Water and Sewer, Storm Water - Water Improvements to support existing and additional Water Sales for Future Growth - Government Facilities Upgrade: Police Locker Rooms, Public Works, Parks and Recreation, City Hall and Water Tower — 301 South - Economic Development Team in support of Vision Plan Administration — Planning — Inspections — Parks and Recreation — Public Utilities — Public Works — Police Construction Projects BUDGET IMPACT: RECOMMENDATIONIACTION REQUESTED: Acknowledge receipt of the Monthly Administrative Reports pertaining to the Goals and Objectives set by Council at the FY2020-2021 Budget Retreat. Four -Year Long Term Goals •. 0/ / � • •• • /. III ®® •. • • 1 Land Transactions for Business 1.Research specific requirements — Research Requirements and Unknown at Phased Development supporting other municipalities what other municipalities are this point Approach Community Growth 2.Develop Plan Identifying Properties doing Development (most likely after Vision Process has Plan been completed) By: 11/30/2020 3.Develop Phased Approach for By:12/31/2021 Purchasing and Develo ment 2 New City Hall 1.Develop plans and Architectural Discussed process for Develop Plan/Research Design Construction Loans with other City Halls and Get 2.Council Approval to proceed USDA. Plans Designed — Council 3.RFP's Meeting with Architect to Approval maybe needed for develop process. design phase By: 12/31/2021 3 Economic Development Team 1.Research specific requirements Research Depending on related to municipalities and research Council what other municipalities are doing By: 12/31/2020 Approval 2. Develop Cost Analysis 3. Council Approval of positions and By: 07/01/2021 facilit costs 4 Implement Vision/Strategic Plan This will occur after the Plan has Kick off was July 28. This will begin once the The Vision Plan should be been completed and adopted. Survey is in progress Strategic Plan is complete. Strategic completed by All Vision Reports are under Plan - 12/31/2020 Plannin . $50,000 Updated December 20 Goals and Objectives FY2020-2021 NEMMMOMZ=� Short -Term Goals IBM Tyler Park to Tart Park Trail """ne Ill I � I� ' III ll ��elop proposed route al with cost estimates cil for approval .usequest for Bids 5. Open bids 6. Finalize contract(s) 7. Begin work 8. Complete work 1. Proposed route developed. 2. Produced proposal with cost estimates.1 3. Presented to Council June 9; received comments 1. Develop Signage Plan 2. Seek Funding Unknown at this 12/31/2020 point 1. Select consultant 1. Consultant selected 6. Continue outreach to 2. Obtain Council Approval for CM to proceed 2. Council Approval for CM to stakeholders. 3. Finalize contract wlconsultant & MOU proceed obtained 7. Design charrette set for w/Chamber 3. Contract wlconsultant & second week in December 4. Establish process schedule MOU w/Chamber finalized 8. Design charrette will be 5. Initiate outreach to stakeholders, focus groups, 4. Established process Facebook Live Dec 7-9 and general public schedule: July 2020-April with consultant team in 6. First draft of Vision, goals, & objectives shared 2021 Dunn at Dunn Community with stakeholders & public 5. A. Set Kickoff date: July 28 Center, 3 full days 7. Final deliverables delivered 6. July 28 kickoff a success: 8. Council approval of Vision/Strategic Plan 107 people watched it on Complete draft 9. Implementation of Strategic Plan begins Facebook of Strategic Plan 2 Visioning Process 7. Developed outreach plan $50,000 by (8-28) and are continuing 4131/2021 outreach to stakeholders 8. Tested marketing & format for outreach meeting at a neighborhood clubhouse. Used what was learned to plan communitywide meeting at Dunn Community Center Oct 19 9. Held successful community meeting Oct 19 with 28 attendees; as of Oct 31, 780 Updated December 20 surveys completed; planning in process for 6-8 stakeholder focus group mtgs Nov 17-18 with consultant physically present; remote meetings schedules with Campbell students and middle/high school students 10, Consultant came to Dunn and conducted 9 focus group sessions over two days at Dunn Community Center with total of 50 + participants; completed surveys now at 830+; marketing underway for design chairette Dec 7 9 1. Complete checklist 1. Checklist complete 2. Maintain implementation of 2. Maintain implementation schedule of Plan of 2 .Achieved Main Street Status Plan of Work per Main Work 3. Established Committee to Street program 3. Achieve Main Street Designation: 7/1/2020 Oversee Project. requirements 4. Implement mural project 4. Tree Lighting; Planning 3. Find buildings for Mural 3 Main Street a. Establish committee to oversee project 4. Tree; Lighting to be held Unknown at this 12/31/2020 Program b. Select location for mural w/property owners Friday, December4th from point c. Publish RFP for artists. 5:30-8:00pm. d. Artist proposals due e. Interview / select artist f. Finalize contractw/artist 5. Events Updated December 20 January 1- November 30, 2020 1 Aggressive Code Enforcemf Dilapidated and Boarded up Residential and Non -Residential 2 Update Non -Residential Maintenance Code and Minimum Housing Code Inspections Short -Term Goals 1. Identify substandard properties 2. Inspection of property 3. Communicate options with owner 4. Bring into compliance or demo 1. Research NCGS and other jurisdictions ordinances 2. Draft and make changes to City's ordinance in accordance with NCGS 3. Have City Admin and City Attorney approve drafted ordinance. 4. Have City Council approve and adopt changes to ordinance. Continue identifying substandard properties and bringing up to code or having removed. • Research other Draft and make c jurisdictions across the City's ordinances State. to 12/31/2020 6/30/2021 Short -Term Goals Four -Year Long -Term Goals Updated December 20 Goals and Objectives FY2020-2021 Public Utilities Four -Year Long -Term Goals •. BB ' 0 0 0 1. Complete Preliminary 0 0. Request for Contract with "0rde Design and 1 Infrastructure Needs —Water Plant improvements to Engineering Report (PER). Qualifications due Engineering Firm andConstruction enhance water sales and to Submit draft PER to USDA October 30, 2020 Complete PER (TBD)handle future growth 2. Secure funding/Council Interviewed shortlist approval with a 3. Design/permitting/bid recommendation by 4. Award/construction mid -December to Council. 2 Infrastructure Needs — Sewer 1. Complete Preliminary PER is complete- Secure funding for Phase 1- 2022 Collection System Engineering Report (PER) Submit submitted draft PER to Council approval $2,651,250 Rehabilitation -Phase 1 Areas- draft PER to USDA USDA in August 2020. • Powell Ave -Joy St. 2. Secure funding/Council Responding to USDA crossing Dunn Erwin approval comments. Rd to Hwy 421 E8- 3. Design/permitting/bid E13A 4. Award/construction • Carolina Drive at Lakeshore 01-02B, 027-029A • Joy Street and Powell to Sue E8-E22 • Best Street P136-P56 • Commerce Drive F109-F108 • Erwin Rd, Sue Ave west E15-E26 • Clinton Ave -Pope to end of force main JC34-G29, G29-G34D 3 Water Tower 301 South 1. Meet with funding agencies SRF grant and loan Secure funding for $3,000,000 2023 2. Secure funding/Council application and NC Council approval approval DOC application 3. Design/permitting/bid submitted. 4. Award/construction WOMEN•; - Public Works Short -Term Goals EM MEZRIMEgalm 1. Set up schedule to wash and clean Have cleaned and washed Clean and wash at least, ®- - E $ 1 Storm Water Drainage — Cleaning and Clearing out storm drains 5 storm drains 5 storm drains, a month Storm Water Inlets 2 Paving Projects to include filling 1.Hiring of Employees for Asphalt The personnel for the Continue to repair potholes and small scale Paver paving crew has been potholes as needed. projects — worst first hired and is currently in training 2.Do potholes at lease, Once a Week. 21 potholes For the month Updated December 20 Public Works Four -Year Long Term Goals ``III plmi� Street Repairs: Bay Street, General DMP has been hired as the Bidding $665,000 for • 06/30/2021' 1 Paving Projects Lee Ave, Broad St, Watauga Ave and engineer for these projects. resurfacing Lakeshore Dr to include other infrastructure repairs. 2 Storm Water Projects — Juniper Street Repairs: Bay Street, General 1. Land purchased on Creek Lee Ave, Broad St, Watauga Ave and Watauga Ave. Lakeshore Dr to include other 2. Hired DMP to Design infrastructure repairs. and Evaluate 3 Public Works Facility 1. Advertise Request for Circulating draft RFQ Advertise and select TBD TBD Qualifications (RFQ) to select internally Firm to design and Engineer/Architect for 30% design renderings & renderings 2. Secure funding/Council approval 3. Final design/permifting/bid 4. Award/construction Updated December 20 yrM RM Four -Year Long Term Goals Updated December20 Capital Projects FY2020-2021 Construction Projects • • / 1 Storm Water Repairs — East Bay 1. Design Approval for Design Bids Due Nov IT' Public Works Street from S Clinton to Wilson Ave 2. Bid In Design December approval $200K 3. Construction 2 Storm Water Repairs — N General 1. Design Approval for Design Bids Due Nov 171h Public Works Lee 2. Bid In Design December approval $270K 3. Construction 3 Water Improvements — W Broad 1. Design Approval for Design Bids Due Nov 17th Public Utilities 2. Bid In Design December approval $170K 3. Construction 4 Water Improvements — N Watauga 1. Design Approval for Design Bids Due Nov 17N Public Utilities 2. Bid In Design December approval $215K 3. Construction 5 Water Improvements — Lakeshore 1. Design Approval for Design Under construction Public Utilities Drive 2. Bid Bid Scheduled for August20 $200k 3. Construction Bid Complete 6 Sewer Improvements — N Watauga 1. Design Approval for Design Bids Due Nov 171h Public Utilities 2. Bid In Design December approval $85K 3. Construction 7 Resurface N Watauga from W Cole 1. Design Approval for Design Bids Due Nov 17th Public Works to W Cumberland 2. Bid In Design December approval $460K 3. Construction Updated December20 W` D U­­ t 1 N­ " N"" A' r All -America City it, ,I 'h"", All-AmePics City City Council Meeting 8 :A Date: December AgendaA A. 8 2020 0 SUBJECT TITLE: Administrative Reports Presenter: City Manaqer Steven Neuschafer Department: Admin Attachment: X Yes No Description: Monthly Reports Public Hearing Advertisement Date: 1) City Manager's Report 2) Financial Report/Assessment Update 3) Monthly Departmental Reports included: - Communications/Public Information - Planning &Inspections Report - Public Works Report - Public Utilities Report - Parks & Recreation Report - Library Report - Police Report 11341101 111110:191Pi1]e«IA RECOMMENDATIONIACTION REQUESTED: Acknowledge receipt of the Monthly Administrative Reports. north Carolina Mayor William I . Elmore Jr. NNChock Pro TernChuck Tumage city of d u u n Council Members J. Wesley Sills April L. Gaulden Frank McLean POST OFFICE BOX 1065 e DUNN, NORTH CAROLINA 28335 Billy Tail (910) 230-3500 • FAX (910) 230-3590 Dr. David L. 13radham www.dtuut-ne.org City Manager Steven Neuschafer MEMORANDUM To: Honorable Mayor, City Council Members From: James 0. Roberts, Finance Director Subject: Financial Report Date: December 8, 2020 • The City, as of November 30, 2020, had $6,506,247 in cash from the General Fund and the Water -Sewer Fund combined. As of October 31, 2020, the city had had $6,261,147 in cash including the General Fund and the (NCCMT Term Account) Water -Sewer Fund. As you can see, this is an increase of $245,100. On November 30, 2019 we had $5,323,064. We continue to have over $370,000 expended on PJ's project and we are still waiting on DOT to reimburse us. • We continue to receive our tax dollars. Through October 30, 2020, we have received $929,245. Last October's funds received were $924,014. There is a one month lag in reporting taxes received. This month is slightly more than 22% of our estimate for the 2020 tax year which is $4,213,600. We should have a large collection in the Month of November and will be over $1.6 Million at our next report. These totals include Property, Motor Vehicles, and Downtown Service District taxes. • Sales Tax Revenue continues to be very strong. Our September receipts were $202,714. For July through September, we have received $670,047. That is up from $4.47,392 as of last month. We are up 6.43% from the same time last year. Last year we had Sales Tax Revenue of $582,325, Our Budget for that income for the 2021 budget year is set at $2,212,000. Sales Tax Reports from the Department of Revenue are provided at least two months behind actual collections. Our next sales tax report will be December 15th. • Utilities Sales Taxes are reported quarterly. This report is for the quarter ending June 30, 2020 and was $144,370. In 2019 we had received $160,754 for this same time period. This amount includes Electricity, Natural Gas, Telecommunications, and Video Programming Sales Taxes. Our next report will be received on December 15th. Our budget for 2021 for these four areas is $739,000. W241;9.Y"e -mmn�T 9illatffers • Building Permit Fees for the month of November were $6,919. In October they were $16,128. In September, they were $13,246. This year we have collected a total of $52,887 or 53% of budget. Last year we had collected $55,120. Our budget for this year is $100,000. • Water and Sewer Revenues for the month of November were $503,664, up from $482,629 in October. Last year in November we had collected $505,696. Our total collected to date is $2,503,584 or 42.8% of budget. Year to Date in 2019 was $2,570,033. This $66,450 difference is directly related to COVID-19 payment deferrals. Our budget for the year is $5,850,000. • Expenditures are at 38.7% of budget in the general fund. Our Budget is $11,641,100 and we have expended $4,502,128. Last month we had expensed $3,469,381. For 2019 we had expended $4,675,584. • The Water and Sewer fund has spent 30.2% of budget. This month we are at a total of $2,197,973. Last month we had expended $1,663,963. Last year we had expended $1,852,689. The total water and sewer budget is now $7,275,490. The benchmark for this period is 42% of budget. • No Debt Service payments from the General Fund were made in November. Expenditures to date are $551,605 out of our total budgeted amount of $796,560. One interest payment for Water/Sewer Debt Service was made this month. Our total for the year is $204,119 for all Debt Service payments. Debt Service for the Water/Sewer Fund is budgeted at $1,015,200. This is the first year for showing these payments in this format. Expenditures for City of Dunn BuagetAmount $ 11.691.100.W tW% 1>/1/nom c.penalm,errea,mw,e $ 9so;]zero 3e J% 6utlSel demalning $ J.333,9]306 bL3% EXPENDITURES FOR THE CITY OF DUNN $4,502,128.00 EXPENDITURES YEAR TO DATE + BUDGET REMAINING .... Expenditures for Water and Sewer O dga[Am... t $ ].3]3,950.00 1006 t]/1/3030 [epenallures Vearto oale $ ].l9]9J30] 30.1% e�ege�Remamme 5 s,onslzao s9.e% WATER / SEWER EXPENDITURES '.£ EXPENDITURES YEAR TO DATE R./'. BUDGET REMAINING north caroling Ik WU uNN Lim city of dunn POST OFFICE BOX 1065 m DUNN, NORTH CAROLINA 28335 (910) 230-3500 e FAX (910) 230-3590 www.dunn-nc.org MEMORANDUM To: Honorable Mayor, City Council Members From: James 0. Roberts, Finance Director Subject: Liens and Accounts Receivables Date: December 8, 2020 Mayor William P. Elmore Jr. Mayor Pro Tem chuck Twnage Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart Dr. David L. Bradham City Manager Steven Neusehafer • The General Fund assessments, Water and Sewer assessments, and old demolitions total $127,314. Of this more than $82,000 is over 10 years old. This amount involves 41 individuals and does not change from month to month. • For our Weedy Lots and new Demolitions, the amount owed the city as of November 30, 2020 is $ 303,304. • We have 31 liens in place totaling more than $ 83,000. We have 8 liens in place with $20,150 on Assessments and another $34,500 on properties. No new changes for this month. • There were 38 accounts owing for weedy lots in the amount of $11,595. We received three payments for these in the amount of $650. Three owners have been identified as deceased. • Pope Law Group is continuing to work on foreclosures for several property owners. DUNN hftd 2tr ere 6=7nm ne ma&ers yRl4Amerisa Cityy t P 19Ya {[101] 01-Achieved During the month of November I planned our Christmas Tree Lighting that will be held on Friday, December 4`h. 1 visited and promoted Small Business Saturday for Downtown businesses. I also worked on the Cemetery press release for the clean-up. 02- In Progress Christmas Tree Lighting planning is almost complete and will be executed on Friday, December 41h. Meeting with the different downtown sub committees throughout this month to plan the first half of 2021. 03- Goals To create COVID friendly events to bring downtown businesses visitors. To wrap up the State of the City. 04- Stats Facebook: Instagram: Page Likes: 3,119 (102 new likes) Page Like: 907 (19 new likes) Reach: 24,231 Reach: 564 #1 post: Dog Park Ribbon Cutting (8.2k) #1 post: Face Mask Event #2 post: Food Pantry Box (7.9k) #2 post: Bulk Leaf Pick -Up Kaitlin Adkins kadkins@dunn-ncorg 910-230-3s00 DuNN of Qunn az��< wnmiunW mat6e�a October 2020 ( Monthly Development Report Planning & Inspections Department 1 102 N. Powell Ave., Dunn, NC 28334 1 phone 910-230-3505 1 fax 910-230-9005 www.dunn-nc.org DLINN u( don ]J/f2]Z !6]/I]11tlRIfp ZIQl1LTJ L Code Enforcement Map October 1" to October 31", 2020 "Please note, that these are all NEW code enforcement items. This does not include items that were followed up on, or are at a later stage in enforcement." 101 E. Cleveland St., Dunn, NC 28334 1 phone 910-892-2948 1 fax 910-892-8871 1 www.dunn-nc.org *Data from Mobile311 work order system (does not include all work performed) 101 E. Cleveland St., Dunn, NC 28334 1 phone 910-892-2948 1 fax 910-892-8871 1 www.dunn-nc.ora *Data from Republic Services report DLINN o�.�unn x��ra �aonnunr matlem 101 E. Cleveland St., Dunn, NC 28334 1 phone 910-892-2948 1 fax 910-892-8871 1 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. DuNN m�i�e <.mmmn! maE6en *Data from NC DEQ DMR documents and Black River Wastewater Treatment Plant records Water and Sewer Project Update (Council Approved Projects) DNN :J/l82 f41R lR/[RI n nfREfBIJ USDA Application for Collection Submitted 'application to USDA- Fall 2022 System Rehabilitation Phase 1 August 2020, Addressing USDA comments.' Black River WWTP Septic Off- 30% Design Complete TBO loading Station' Dunn Parks & Recreation Department Monthly Review 12020 Dunn Parks & Recreation 1205 Jackson Road, Dunn, NC 28334 ( (910) 892-2976 Phone (910) 892-7001 Fax I www.dunn-nc.m November 2020 Monthly Recreation Report 2020 Dunn Parks & Recreation November Monthly Narrative Report COVID-19 Our offices opened to the public on Monday, September 2111. Guidelines were set in place to maintain a safe environment for employees and patrons. The office lobby has been limited to one person at a time, facemasks are required and individuals waiting outside must remain 6 feet apart. Sports Programs Adult volleyball was scheduled to end October 20`h with the last regular season game. But with success and overwhelming request the season was extended for a 2-day single elimination tournament. Youth volleyball camp ended on October 26th and youth baseball camp on November 3rd. Overall all programs and camps were successful and safe. There were no reported cased of COVID-19 from participants and their families. Tart Park Renovation The total project is 65 percent complete. Recently sunshade post was installed as well as central tower passing inspections. Upcoming milestones include complete grading to address drainage issues at the multipurpose field, interior park flatwork, batting cages, trail extensions, sheetrock and siding of central tower. Estimated completion of project is April 2021. Dunn Dog Park The ribbon cutting was held on Tuesday, November 10th at 11:00 a.m. As the first and only dog park in Harnett County the park has been well received by the community. Features of the park include separate play areas for small and large dogs, wash/drinking stations, decorative fire hydrants, tennis ball vending machine and play tunnels. The balls used in the vending machine are donated by Campbell University tennis program and proceeds will go towards the Dunn Animal Shelter. There is also a blessing box located at the park. A blessing box is a pantry for anyone who want to donate or receive perishable items. Recreation Advisory Board Last meeting was held on Tuesday, November 10t' 6:00 p. m. at Dunn Community Center. The next meeting is scheduled for February 9, 2021 at 6:00 p. m. October 2020 1 Monthly Library Report Dunn Public Library 1 110 E. Divine St., Dunn, NC 28334 1 phone 910-892-2899 ( fax 910-892-8385 www,dunn-nc.org/library r p v STATISTICAL REPORT: October 2020 TOTAL INCIDENTS REPORTED CRIMES Y TYPE 238 HOMICIDE 0 RAPE 2 ROBBERY 2 AGGRAVATED ASSAULT 5 BURGLARY (BY FORCE) 44 BURGLARY (NON -FORCE) 0 LARCENY FROM VEHICLE 19 LARCENY (ALL OTHER) 36 SIMPLE ASSAULT 15 CRIMINAL INVESTIGATIONS CASES ASSIGNED 118 CASES CLOSED 70 RECOVERED PROPERTY VALUE $19570.00 SEARCH WARRANTS EXECUTED 2 JUVENILE INVESTIGATIONS CASES ASSIGNED 7 CASES FILED INACTIVE 0 CASES EX -CLEARED 1 CASES CLEARED BY ARREST 4 CASES UNFOUNDED 1 TOTAL CASES CLOSED ADULT ARREST TOTAL 0 JUVENILE ARREST TOTAL 11 FELONY CHARGES TOTAL 9 MISDEMEANOR CHARGES TOTAL 2 RECOVERED PROPERTY VALUE $L520.00 SPECAL OPERATIONS WORKED 0 COMMUNITY SERV./PRESENTATIONS 0 VALUE OF NARCOTICS/MONIES SEIZED 0 CURFEW WARNINGS 0 CURFEW VIOLATIONS 0 NARCOTICS INVE ST. SEIZURES MARIJUANA 601.8 grams COCAINE 1.5 grams METHAMPHETAMINE 105.4 grams HEROIN 6.4 grams PILLS 2354 grams OTHER DRUGS 43 du FELONY ARREST TOTAL 20 MISDEMEANOR ARREST TOTAL 24 FIREARMS SEIZED 1 PROPERTY VALUE $560.00 US CURRENCY 0 SEARCH WARRANTS 2 STREET VALUE OF DRUGS SEIZED $1203.00 TOTAL DROP BOX MEDS COLLECTEDO 2,354 grams PATROL DIVISION SPEEDING 75 SEAT BELT VIOLATION 2 PASSENGER SEAT BELT JUVNILE 0 NO OPERATOR'S LICENSE 22 DRIVE WHILE LIC. REVOKED 41 FAILURE TO STOP AT STOP SIGN 3 RUNNING RED LIGHT FAILURE TO REDUCE SPEED 0 MISDEMEANOR ARREST TOTAL 48 FELONY ARREST TOTAL 27 FIREARMS SEIZED 7 MARIJUANA SEIZED 29.3 grams COCAINE SEIZED .7 grams HEROIN SEIZED 10.4 OTHER DRUGS SEIZED 17 du US CURRENDY SEIZED 0 COUNTERFEIT CURRENCY 0 ANIMAL CONTROL & SHELTER Total Calls Logged: 56 CANINE' PICKED UP 29 IN POUND 6 RETURNED 3 ADOPTED 21 ESCAPED 0 EUTHANIZED 6 BITES I ISOLATED I FELINE' PICKED UP 27 IN POUND 18 RETURNED 0 ADOPTED IO ESCAPED 0 EUTHANIZED 0 BITES 0 ISOLATED 0 ANIMALES, WARNINGS AND MILEAGE OTHER ANIMAL CALLS 0 Other Animals: NSA WARNINGS (Verbal) 11 CITATIONS 0 ANIMAL CONTROL VEHCLES VEHICLE #55 Mileage 851 VEHICLE #56 Mileage 1706 Page I 1 Announcements December 8, 2020 City Council Meeting ➢The City of Dunn offices will be closed for Christmas on Thursday, December 24th, Friday, December 251 and Monday, December 28th for Christmas and on Friday, January 1st for New Year's Day. ➢The next regular City Council meeting is scheduled for Tuesday, January 12th at 7:00 p.m. ABC Board Minutes NIEV 0 L12 ' C fN116351NN Minutes of Meeting, October 20, 2020 The Dunn ABC Board met on October 20, 2020. Present at the meeting: Board Members, Dal Snipes, Lynn Jernigan, Alice Judd, Cindy Smith, Marc Phillips, and Manager, Charles Willis, who served as Secretary to the Board. Mr. Willis presented the minutes of the September 15, and 29, 2020 meetings that were approved by the Board. Each Board Member was given a revised copy of August, 2020 Financial Statements. Each Board Member was given a copy of September, 2020 Financial Statements. The Board reviewed the statements noting sales in September 2020 were $54,810.35 above last year. Year to date sales are $124,794.70 above last year. Mixed Beverage sales are $1,418.45 above last year. Each Board Member was given copies of Auditor's Statements and the completed Audited Financial Statements for 2019-2020, that were approved by the Board. Mr. Willis reported to the Board that the initial stages of the POS and Inventory Management Systems upgrades have been completed, with the final phase for accounting to be completed at year end. The Board was informed that the conversion from Century Link to Spectrum had been completed at Store # 1, with Store # 2 anticipated to be completed this month. The Board was given a condensed version of Foundations for Customer Service which had been prepared by Cindy Smith. It was unanimously agreed that this is a great guideline for Mr. Willis to use for training the employees in customer relations. Mr. Willis updated the Board on the progress with employee uniforms. Each Board Member was given a copy of NC Laws and Regulations, A Guide for ABC Board Members. There was no conflict of interest at this meeting. The next ABC Board Meeting will be November 19, 2020. With no other business, Dal Snipes motioned to adjourn, seconded by Marc Phillips. Charles P. Willis Page: 1 Date: 11/10/20 at 3:33 PM DUNN ABC Income Statement From October 1, 2020 Through October 31, 2020 Last Seq.#: 1288 PTO Post %Sales Budget %Budg YTD Post ======== Sales ======== ,G�kwo LIQUOR SALES - STORE #1 102,095.40 34.8 88,683 115.1 368,976.10 LIQUOR SALES - STORE #2 175,344.30 59.8 133,025 131.8 631,117.00 LIQUOR SALES - MIXED BEVE 12,102.20 4.1 11,250 107.6 42,030.75 LIQUOR SALES - MB TAX 2,307.03 0.8 0 N/A 8,025.88 INTEREST EARNED 4.37 0.0 17 25.7 16.86 OTHER INCOME 1,500.00 0.5 0 N/A 3,000.00 Total Sales 293,363.30 100.0 232,975 125.9 1.053,166.59 ==== Cost of Sales ==== TAXES BASED ON SALES N.C. EXCISE TAX 55,259,00 18.8 48,750 113.4 166,984.00 REHABILITATION TAX 762.12 0.3 817 93.3 2,317.43 MIXED BEVERAGE TAX 1,072.00 0.4 1,000 107.2 2,861.00 MIXED B. TAX DEPT HUMAN R 107.13 0.0 100 107.1 292.70 Total TAXES BASED ON SALE 57,200.25 19.5 50,667 112.9 172,455.13 COST OF SALES PURCHASES STORE#1 61,117.36 20.8 51,764 118A 221,440.23 PURCHASES STORE #2 94.207.63 32.1 77,647 121.3 341,309.56 TRUCK DELIVERY COST 330.00 0.1 0 N/A 2,635.00 INVENTORY ADJUSTMENT -99.85 0.0 0 N/A -6,267.61 Total COST OF SALES 155,555.14 53.0 129,411 120.2 559,117.18 Total Cost of Sales 212,755.39 72.5 180,078 118.1 731,572.31 Gross Margin 80,597.91 27.5 52,897 152.4 321,594.28 ======= Expenses EXPENSES SALARIES - DUNN 25,382.59 8.7 24,167 105.0 102,985.86 PAYROLL TAXES - DUNN 1,941.81 0,7 1,834 105.9 7,878.49 N.C. RETIREMENT FUND 972.66 0.3 1,042 93.3 4,404.61 GROUP INSURANCE 1,615.46 0.6 1,625 99.4 6,461.84 401KFUND 477.28 0.2 308 155.0 2,161.26 CASH VARIANCES -24.78 0.0 0 N/A -225.10 CREDIT CARD CHARGES 2,642.23 0.9 2,500 105.7 10,262.92 DEPRECIATION 845.13 0.3 0 N/A 3,380.52 REPAIRS & MAINT. 268.00 0.1 833 32.2 3,863.31 Page: 2 Date: 11/10/20 at 3:33 PM DUNN ABC Income Statement From October 1, 2020 Through October 31, 2020 Last Seq. #: 1288 PTO Post %Sales Budget %Budg YTD Post COMPUTER MAINT. 30,890.90 10.5 833 3708.4 30,890.90 UTILITIES 1,501.94 0.5 1,583 94A 5,627.32 TELEPHONE 140.99 0.0 667 21.1 1,921.27 INSURANCE 1,556.00 0.5 917 169.7 3,820.01 STORE SUPPLIES 971.43 0.3 750 129.5 4,128.95 UNIFORMS 73.41 0.0 0 N/A 73.41 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 0.00 N/A 129 N/A 0.00 LICENSE & OTHER TAXES 0.00 N/A 55 N/A 170.00 OFFICE SUPPLIES 633.29 0.2 333 190.2 741.02 PROFESSIONAL SERVICES 7,500.00 2.6 0 N/A 7,500.00 DUES & SUBSCRIPTIONS 583.00 0.2 83 702.4 934.00 BOARDEXPENSES- SNIPES 200.00 0.1 100 200.0 400.00 BOARD EXPENSES - PHILLIPS 160.00 0.1 0 N/A 320.00 BOARD EXPENSES - JERNIGAN 160.00 0.1 80 200.0 320.00 BOARD EXPENSES - SMITH 160.00 0.1 0 N/A 320.00 BOARD EXPENSES - JUDD 160.00 0.1 80 200.0 320,00 ALC. ED. ERWIN ELEMENTARY 0.00 N/A 400 N/A 0.00 ALC. ED. DUNN AA GROUP 200.00 0.1 200 100.0 600.00 BANKCHARGES 577.93 0.2 542 106.6 2,143.62 LAW ENFORCEMENT 0.00 N/A 0 N/A 500.00 SECURITY 0.00 N/A 700 N/A 730.74 Total Expenses 79,589.27 27.1 39,883 199.6 202,534.95 Net Income After Taxes 1,008.64 0.3 13,014 7.8 119,059.33 Page: 1 Date: 1l1%10/20 at 3:40 PM Acct. # DUNN ABC Trial Balance Period 4, 2020 Last Seq. #: 1288 Account Description Current Activity End Bal 10100 CHECKING ACCOUNT - FIRST CITIZENS -7,161.40 451,627.70 10200 CHECKING ACCOUNT - BB&T 0.00 0.00 10300 MONEY MARKET - BB&T 0.00 0.00 10800 PETTY CASH 0.00 250.00 11000 CHANGE FUND 0.00 2,400.00 12100 A/R - RETURNED CHECKS 0.00 0.00 13000 PREPAID INSURANCE 0.00 6.791.99 13100 PREPAID OFFICE EQUIPMENT 0.00 0.00 14100 INVENTORY 13,644.42 264,252.49 14400 401 K RECEIVABLE 0.00 0.00 14500 A/R OTHER 0.00 0.00 14700 A/R BREAKAGE 77.68 354.32 15000 LAND 0.00 191,571.78 15100 LAND IMPROVEMENTS 0.00 13,343.75 16000 BUILDINGS 0.00 374,655.31 '17000 STORE EQUIPMENT 0.00 144,228.40 17100 OFICE EQUIPMENT 0.00 22,904.82 17500 VEHICLES 0.00 0.00 19000 ACCUM. DEPRECIATION -845.13 -433,237.63 20100 A/P - DISTILLERIES 0.00 0.00 20300 A/P - OTHER 0.00 0.00 21000 A/P - INSURANCE WITHHELD 0.00 0.00 22000 A/P - FEDERAL TAX WITHHELD -542.00 -542.00 22100 A/P - FICA TAX WITHHELD -770.10 -770.10 22200 A/P - NC INCOME TAX WITHHELD -330.00 -1,354.00 22300 A/P -401KWITHHOLDINGS -169.32 -846.60 22400 A/P - RETIREMENT -143,19 -715.95 23200 ALCOHOLIC REHABILITATION TAX 0,00 0.00 23300 SALES TAX PAYABLE -2,752.32 -19,439.62 24200 ACCRUED INTEREST 0,00 0.00 24400 ACCRUED OTHER 0.00 0.00 27000 LOAN PAYMENT BB&T 0.00 0.00 27100 LOAN PAYMENT CAROLINA DATA 0.00 0.00 30000 RETAINED EARNINGS 0.00 -896,415.33 31000 CITY OF DUNN PROFIT DISTRIBUTION 0.00 0.00 39900 P&L SUMMARY 0.00 -118,050,69 40100 LIQUOR SALES - STORE #1 -102,095.40 -368,976.10 40200 LIQUOR SALES - STORE #2 -175,344.30 -631,117.00 40300 LIQUOR SALES - MIXED BEVERAGE -12,102.20 -42,030.75 40400 LIQUOR SALES - MB TAX -2,307.03 -8,025.88 41000 INTEREST EARNED -4.37 -16.86 41500 MISC. REFUNDS 0.00 0.00 42000 OTHER INCOME -1,500.00 -3,000.00 Page: 2 Date: 11t10/20 at 3:40 PM Acct. # DUNN ABC Trial Balance Period 4, 2020 Last Seq. #: 1288 Account Description Current Activity End Bal 42500 BREAKAGE 0.00 0.00 53100 N.C. EXCISE TAX 55,259.00 166,984.00 53200 REHABILITATION TAX 762.12 2,317.43 53300 SALES - USE TAX 0.00 0.00 53400 MIXED BEVERAGE TAX 1,072.00 2,861.00 53500 MIXED B. TAX DEPT HUMAN RES. 107.13 292.70 60100 PURCHASESSTORE#1 61,117.36 221,440.23 60200 PURCHASES STORE #2 94,207.63 341,309.56 60300 TRUCK DELIVERY COST 330.00 2,635.00 61200 INVENTORY ADJUSTMENT -99.85 -6,267.61 70100 SALARIES - DUNN 25,382.59 102,985.86 70200 PAYROLL TAXES - DUNN 1,941.81 7,878.49 70300 N.C. RETIREMENT FUND 972,66 4,404.61 70400 GROUP INSURANCE 1,615.46 6,461.84 70500 401KFUND 47T28 2,161.26 70800 CASH VARIANCES -24.78 -225.10 70900 CREDIT CARD CHARGES 2,64223 10,262.92 71000 RENT 0.00 0.00 71100 DEPRECIATION 846.13 3,380.52 71200 REPAIRS & MAINT. 268.00 3,863.31 71201 COMPUTER MAINT, 30,890.90 30,890.90 71300 LEASE EXPENSE 0.00 0.00 71400 UTILITIES 1,501.94 5,527.32 71500 TELEPHONE 140.99 1,921.27 72000 INSURANCE 1,556.00 3,820.01 72200 STORE SUPPLIES 971.43 4,128.95 72300 UNIFORMS 73.41 73.41 72400 TRAVEL EXPENSES - PARKER 0.00 0.00 72401 TRAVEL EXPENSES - SNIPES 0.00 0.00 72402 TRAVEL EXPENSES - JERNIGAN 0.00 0.00 72403 TRAVEL EXPENSES -JUDD 0.00 0.00 72404 TRAVEL EXPENSES - OTHER 0.00 0.00 72405 TRAVEL EXPENSES - MARSHALL 0.00 0.00 72500 UNEMPLOYMENT INSURANCE 0.00 0.00 72600 LICENSE & OTHER TAXES 0.00 170.00 73000 OFFICE SUPPLIES 633.29 741.02 74000 PROFESSIONAL SERVICES 7,500.00 7,500.00 74200 DUES & SUBSCRIPTIONS 583.00 934.00 74400 BOARD EXPENSES - SNIPES 200.00 400.00 74401 BOARD EXPENSES - PHILLIPS 160.00 320.00 74402 BOARDEXPENSES-JERNIGAN 160.00 320.00 74403 BOARD EXPENSES - SMITH 160.00 320.00 74404 BOARD EXPENSES - JUDD 160.00 320.00 Page: 3 Date: 11710/20 at 3:40 PM Acct. # DUNN ABC Trial Balance Period 4,2020 Last Seq. #: 1288 Account Description Current Activity End Bal 75000 ALC. ED. TRITON NEWSPAPER 0.00 0.00 75500 ALCOHOL EDUCATION SHRINE 0.00 0.00 75501 ALC. ED. WAYNE AVE. SCHOOL 0.00 0.00 75502 ALC. ED. TRITON HIGH SCHOOL 0.00 0.00 75503 ALC, ED. DUNN MIDDLE SCHOOL 0.00 0.00 75504 ALC, ED. HARNETT PRIMARY SCHOOL 0.00 0.00 75505 ALC. ED. ERWIN ELEMENTARY SCHOOL 0.00 0.00 75506 ALC. ED. GENTRY ELEM. SCHOOL 0.00 0.00 75507 ALC. ED. DUNN AA GROUP 200.00 600.00 75508 ALC. ED. COATS-ERWIN MIDDLE SCHOOL 0.00 0.00 75509 ALC. ED. OTHER 0,00 0.00 75510 ALC. ED. TEACHERS 0.00 0.00 75511 ALC. ED SOLD OUT YOUTH MINISTRIES 0.00 0.00 75600 VEHICLE EXPENSES 0.00 0.00 77000 INTEREST EXPENSE 0.00 0.00 78000 MISCELLANEOUS EXPENSE 0.00 0.00 78100 BANK CHARGES 577.93 2,143.62 78500 EDUCATION -REHABILITATION 0.00 0.00 79000 LAW ENFORCEMENT 0.00 500.00 79100 FED. TAX STAMP 0.00 0.00 79200 ABANDONMENT LOSS 0.00 0.00 79300 SECURITY 0.00 730.74 79400 CITY OF DUNN - FIRE 0.00 0.00 79500 CONTINGENCIES 0.00 0.00 79900 GAIN/LOSS - SALE OF ASSET 0.00 0.00 Total YTD balances for All Accounts: -118,050.69 Less YTD Net Income: -118,050,69 0.00 0.00 MONTHLY AND YTD REPORT October, 2020 Sales - 2020 311427.27 Sales - 2019 219961.76 Total: +/- 91465.51 YTD Sales: 216260.21 MB Sales - 2020 14409.23 MB Sales - 2019 13028.76 Total: 1380.47 YTD MB Sales 2798.92 Bank Balance 451627.70 (Specify one or more of the following permitted reasons for closed sessions) Move that we go into closed session in accordance with: [N.C.G.S. 143-318.11(a)(1)] Prevent the disclosure of privileged information Under the North Carolina General Statutes or regulations. Under the regulations or laws of the United States. [N.C.G.S. 143-318.11(a)(2)] Prevent the premature disclosure of an honorary award or scholarship [N.C.G.S. 143-318.11(a)(3)] Consult with the Attorney i To protect the attorney -client privilege. i To consider and give instructions concerning a potential or actual claim, administrative procedure, orjudicial action. 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).