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Agenda 02-07-2017Dunn City Council Meeting Agenda Tuesday Evening, February 7, 2017 7:00 p.m., Dunn Municipal Building Call to Order Invocation Pledge of Allegiance A:*AILeL 1) Adjustment and Approval of the February 7, 2017 meeting agenda PUBLIC COMMENT PERIOD 2) Each Speaker is asked to limit comments to 3 minutes, and the total comment period will be 30 minutes. Citizens must sign up and register on a sign-up sheet available on the podium within the City Council Chambers prior to the start of the meeting. PUBLIC HEARINGS 3) Property Unfit for Human Habitation — 407 E. Pearsall Street — PIN# 1516-65-7757.000 4) Ordinance Amendment OA-01-17 Chapter 3, Animals & Fowl CONSENT ITEMS 5) Minutes —January 10, 2017 6) Proclamation — Black History Month 7) Consideration of Resolution Authorizing the Disposition of Personal Property 8) Budget Amendment #3, 4 ITEMS FOR DECISION 9) Consideration of Ordinance Declaring Property Unfit for Human Habitation — 407 E. Pearsall Street — PIN# 1516-65-7757.000 10) Authorization to Accept NC Rural Economic Development Grant — Building Reuse Program — The Organic Butcher Shop 11) Ordinance Amendment OA-01-17 Chapter 3, Animals & Fowl ITEMS FOR DISCUSSION AND/OR DECISION -1?)___financial Report 13) Administrative Reports a. Tax Report b. Building Report c. Police Report 14) Announcements 15) Information 16) Closed Session — If one is called, cited in the motion ADJOURNMENT the General Statute(s) allowing the Closed Session will be "This institution is an equal opportunity provider and employer" a Us"Lli Adjustment1 Approval i Februaryof the .. , I'• �� Adopted 8-4-05 CITY OF DUNN CITY COUNCIL PUBLIC COMMENT POLICY The City Council for the City of Dunn does hereby adopt a Public Comment Policy to provide at least one period for public comment per month at a regular meeting of the City Council. This policy shall remain in effect until such time that it is altered, modified, or rescinded by the City Council. All comments received by the City Council during the Public Comment Period shall be subject to the following procedures and rules: 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 Comment Period. 6. During the Public Comment Period, a citizen, in lieu of or in addition to speaking may pass out written literature to the City Council, City Staff and audience. 7. Groups supporting or opposing the same position shall designate a spokesperson to address the City Council in order to avoid redundancy. 8. After the citizen has made his or her remarks, he or she will be seated with no further debate, dialogue or comment. 9. The Public Comment Period is not intended to require the City Council to answer any impromptu questions. Speakers will address all comments to the City Council as a whole and not one individual Council member. Discussions between speakers and members of the audience will not be allowed. The City Council will not take action, or respond to questions about, issues raised during the Public Comment Period at the same meeting. 10. Speakers shall refrain from discussing any of the following: matters which concern the candidacy of any person seeking public office, including the candidacy of the person addressing the City Council; matters which involve pending litigation; matters which have been or will be the subject of a public hearing; and matters involving specific personnel issues related to disciplinary matters. If the speaker wishes to address specific personnel issues related to disciplinary matters, he or she should take their comments to the City Manager, who shall share the comments with the City Council. 11. Speakers shall be courteous in their language and presentation. 12. The Mayor and City Manager shall determine, on a month to month basis, where the Public Comment Period will appear on the monthly agenda when developing the agenda, prior to its publication. 13. The Public Comment Period shall only be held during the regularly scheduled monthly meeting of the City Council. There shall not be a Public Comment Period at any other meetings of the City Council, unless specifically approved by the City Council. DUNN h cncnTlrolinn DUNN R6 I city of dnvl � City Council Agenda Far licvklMl} Niro A]s19 Meeting ate. February i, 201 SUBJECT TITLE: Property Unfit for Human Habitation- 407 E. Pearsall St. PIN # 1516.65.7757.000 Presenter: Steven Kin Department: Inspections Attachment: Yes X No Description: Notice of Public Hearing Public Hearing Advertisement Date: January 24,2017 & January 31,2017 PURPOSE: The public has been notified that oral and written comments will be heard and received concerning the declaring of the single family structure owned by Gary E. Strickland located at 407 E. Pearsall St., Dunn, NC as Unfit for Habitation. Thr. nnhlir. hearino was duly advertised on .Tanuary 24. 2017 and Iannary31. 2017. FTT-TK�193 PLEASE PROVIDE: Sixteen (16) copies of all pertinent attachments with the Agenda Abstract to Clerk no later than noon in accordance with the schedule that you have been given. 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 FEBRUARY 7, 2017, IN THE COURTROOM OF THE DUNN MUNICIPAL BUILDING LOCATED AT 401 EAST BROAD STREET, DUNN, NORTH CAROLINA. THE FOLLOWING ITEMS WILL BE DISCUSSED. PUBLIC HEARING: (1) A HEARING WAS HELD ON OCTOBER 6, 2016 IN THE OFFICE OF THE CHIEF BUILDING INSPECTOR IN REFERENCE TO A SINGLE FAMILY DWELLING LOCATED AT 407 E. PEARSALL ST. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF SECTION 4-31 OF THE DUNN CITY CODE, CITY OF DUNN MINIMUM HOUSING CODE, AND N.C.G.S. 160A — 441, ET SEQ. AN ORDER WAS ISSUED TO OWNER(S), GARY E. STRICKLAND, TO REPAIR, ALTER OR IMPROVE SAID DWELLING IN ORDER TO BRING IT INTO COMPLIANCE WITH SUCH CODE AND STATUTORY PROVISIONS. TO DATE THE OWNER(S) HAVE FAILED TO COMPLY WITH SUCH ORDER. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL FOR CONSIDERATION OF AN ORDINANCE DECLARING THE PROPERTY AS UNFIT FOR HUMAN HABITATION PURSUANT TO N.C.G.S. §160A-441, ET SEQ. ALL PERSON DESIRING TO BE HEARD, EITHER FOR OR AGAINST THE PROPOSED ITEMS SET FORTH ABOVE, ARE REQUESTED TO BE PRESENT AT THE ABOVE MENTIONED TIME AND PLACE. STEVEN KING CHIEF BUILDING INSPECTOR CITY OF DUNN Advertise: January 24, 2017 January 31, 2017 DUNN " [It D U"' 1 N- " N' DUNN Rill. City Council Agenda till Meeting Date: February SUBJECT TITLE: Ordinance Amendment OA-01.17 Chapter 3, Animals & Fowl Presenter: Planninq Director Attachment: X Yes No Description: Public hearing notice Public Hearing Advertisement Date: January 31.2017 11177011 This is a request to hereby amend Chapter 3 (Animals and Fowl) to revise the beehive regulations in the city limits and planning jurisdiction. The public hearing is the opportunity for the Council to hear comments and opinions fi-om the public to include any party for or against the request. The public hearing was duly advertised on January 31, 2017. BACKGROUND: BUDGETIMPACT: RECOMMEN DATIONIACTION REQUESTED: PLEASE PROVIDE: Sixteen (16) copies of all pertinent attachments with the Agenda Abstract to the City Clerk no later than noon in accordance with the schedule that you have been given. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL OF THE CITY OF DUNN ON FEBRUARY 7, 2017 AT 7:00 P.M. IN THE COURTROOM OF THE DUNN MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE FOLLOWING ITEMS: ORDINANCE AMENDMENT — OA-01-17 Chapter 3, Article 1 Animals and Fowl This is a request to amend section 3-14, beehive regulations per NC General Statutes. ALL PERSONS DESIRING TO BE HEARD EITHER FOR OR AGAINST THE PROPOSED ITEMS SET FORTH ABOVE ARE REQUESTED TO BE PRESENT AT THE ABOVE MENTIONED TIME AND PLACE. ADVERTISE: JANUARY 31, 2017 DUNN DUNK UN All -America City „ of ,,,,,,, All -America City 111[f City council ,agenda Form �11110 1 Meeting _ ate: February 7, 2017 1989'k 2013 1989* 2013 SUBJECT TITLE: Minutes — January 10, 2017 Presenter: Department: Attachment: X Yes No Description: January 10, 2017 — Minutes Public Nearing Advertisement Date: NIA Attached please find the minutes of the Janaury 10, 2017 City Council meeting for your consideration. BACKGROUND: BUDGETIMPACT: RECOMMENDATION/ACTION REQUESTED: MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Thursday, January 10, 2017, at 7:00 p.m. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tern Billy Tart, Council Members Buddy Maness, Gwen McNeill, Frank McLean, Billy Tart and Chuck Turnage. Also present was City Manager Ronnie Autry, Assistant City Manager Steven Neuschafer, Finance Director Mark Stephens, Public Works Director Dean Gaster, Chief Building Inspector Steven King, Chief Building Inspector Steven King, Police Chief Bill Halliburton, Recreation Director Brian McNeill, Librarian Mike Williams, Attorney P. Tilghman Pope, City Clerk Jennifer Fortin, Deputy City Clerk Melissa Dudley and Daily Record Repot Melody Brown -Peyton Absent: Council Member Billy Barfield, Planting Director Samantha Wullenwaber and Human Resources Director Anne Thompson Mayor Harris spoke with Mrs. Barfield and noted Council Member Barfield's procedure went well and is expected to return home on Thursday. INVOCATION Mayor Harris opened the meeting at 7:00 p.m. and asked Reverend Roy Johnson, Chaplain and Director of Pastoral Care for Harnett Health System, to give the invocation. Afterwards, the Pledge of Allegiance was repeated. AGENDA ADJUSTMENT AND APPROVAL Motion by Council Member Maness and seconded by Council Member McLean to adopt the January 10, 2017 meeting agenda with changes, if any, as listed below. Agenda Items Added.• o Item for Decision — Consideration of rotating the Mayor Pro Tern position Agenda Items Removed,- 0 none Motion unanimously approved. PUBLIC COMMENT PERIOD Each speaker is asked to limit comments to 3 minutes, and the total comment period will be 30 minutes. Citizens must sign up and register on a sign-up sheet available on the podium within the City Council Chambers prior to the start of the meeting. Mayor Harris read the City of Dunn City Council Public Comment Policy. There were no public comments. PUBLIC HEARINGS Demolition of Structure 510 Spring Branch Road PIN# 1516-71-5790.000 The Public has been notified that oral and written continents will be heard and received concerning the demolition of the structure located at 510 Spring Branch Road, Dunn, NC. The Public Hearing was duly advertised on December 30, 2016 and January 6, 2017. Arnar Patel 3500 Birkdale Court Fayetteville, NC spoke in opposition of the demolition process. Mr. Patel noted the property is getting cleaned out and a franchise has been secured. Mayor Harris inquired the property is being cleaned, a franchise was secured and ownership of the property has been secured. Mr. Patel stated ownership of the property has not been secured due to the condemnation order and the property cannot be closed on until this matter is resolved. We have provided a copy of the franchise letter stating it is secured. We are going in the right direction. Assistant City Manager Neuschafer noted all supporting documentation is in the packet. Council Member Maness noted at the last meeting we deferred the issue so you could get the land purchase and you had indicated you wanted that done by the end of the year. Mr. Patel noted it was posed to the bank that there was an order pending and they said before we go any further this has to be resolved. Mayor Harris closed the Public Hearing Minutes — Council considered approval of minutes of the December 13, 2016 City Council Meeting. Budget Amendment — BA #2 — A copy of BA #2 is incorporated into these minutes as Attachment #1 Weedy Lot/Assessment Report Request for Disposal of Records - Library Consideration of Resolution authorizing the disposition of personal property - A copy of Resolution (R2017-01) is incorporated into these minutes as Attachment #2. Consideration of Ordinance Rescinding an Ordinance declaring the property unfit for human habitation located at 211 W. Harnett Street, Dunn, NC. - A copy of Ordinance (02017-01) is incorporated into these minutes as Attachment 43. Consideration of Ordinance Rescinding an Ordinance declaring the property unfit for human habitation located at 303-A S. Magnolia Avenue, Dunn, NC, -A copy of Ordinance (02017-02) is incopor^ated into these minutes asAttachnhent #4. Consideration of Ordinance Rescinding an Ordinance declaring the property unfit for human habitation located at 1000 S. King Avenue, Dunn, NC. -A copy of Ordinance (02017-03) is ineoporated into these minutes asAttachrnent #5. Consideration of Ordinance Rescinding an Ordinance declaring the property unfit for human habitation located at 300 N. Clinton, Dunn, NC. - A copy of Ordinance (02017-04) is incoporated into these minutes as Attachment #6. Consideration of Ordinance Rescinding an Ordinance directing the Building Inspector to remove or demolish the property herein described as unfit for human habitation and directing that a notice be placed thereon that the same may not be occupied located at Ashe Avenue (structure behind church), Dunn, NC. - A copy of Ordinance (02017-05) is incorporated into these minutes as Attachment #7. Motion by Council Member McLean and seconded by Council Member McNeill to approve all consent items. Motion unanimously approved. ITEMS FOR DECISION Reimbursement Agreement for Plug -In Electric Vehicle Charging Station By Duke Energy Assistant City Manager Neuschafer stated the City of Dram was awarded an Electric Vehicle Charging Station Grant in the amount of $5,000.00 for one charging port. Duke Energy has stated that the grant was designed to fully cover the cost of the Electric Vehicle Charging Station. If funds from the City of Dunn are required once bids are received, the item will come before the Council for further consideration. We are looking at the Clinton Avenue public parking lot as there are transformers there already. City Attorney Tilghman Pope has reviewed the reimbursement agreement provided by Duke Energy, Council Member Turnage noted in other cities there are directional signs pointing them to the charging station. Council Member Tart inquired about cost to the City as far as a monthly bill Assistant City Manager Neuschafer noted the City can opt to cover the maintenance and replacement cost to the charging station in an agreement. Some places charge nothing while others charge $2.00/hour. Sometimes there is a limit so someone doesn't stay there all day or night and the price increases as the hours go by. Council Member Maness noted to be fair for anyone who uses the station pay for the power as opposed it costing the City. Council Member Maness stated he would like to see what other areas do. Council Member Turnage agreed that more data is needed from cities of comparable size such as Smithfield Mayor Harris noted the cities should be along I-95. Attorney Pope noted procedurally it was fine for Council to accept the grant and later impose fees once you receive further feedback from staff. Motion by Council Member Maness and seconded by council Member Turnage to approve the Reimbursement Agreement for a Plug -In Electric Vehicle Charging Station by Duke Energy. Motion unanimously approved. Consideration of Ordinance to Demolish House 605-607 S. Fayetteville Avenue PIN #1516-45-7888.000 Chief Building Inspector Steven King has conducted an inspection at 605-607 S. Fayetteville Avenue and based upon his observations, the structure failed to comply with the minimum standards of fitness established by the Minimum Housing Code of the City of Dunn. The 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-443, the City Council has the power to proceed with the demolition of this property. This matter was tabled at the December 13, 2016 Council Meeting to be brought before the City Council at the January 10, 2017 Council Meeting to allow the property owner more time to make repairs on the dwelling. At this time the property owner has not completed any repairs since the December, 2016 Council Meeting. Building Inspector King noted since his last inspection with Mr. Joyner, no repairs have been made and no permit has been issued. The only thing Building Inspector King noticed was the yard had been cleaned up. Should Council decide to proceed with the demolition of the dwelling located at 605-607 S. Fayetteville Avenue, an ordinance would need approval directing the Building Inspector to remove or demolish said structure. Motion by Council Member Maness and seconded by Council Member McNeill to adopt the proposed Ordinance Directing the Building Inspector to proceed with the demolition of the dwelling located at 605-607 S. Fayetteville Avenue PIN #1506- 88-3051.000. Motion unanimously approved. A copy of Ordinance (02017-06) is incorporated into these mintaes as attachment #8. Consideration of Ordinance to Demolish House 117 Bruce Drive PIN# 1506-88-3051.000 Building Inspector Mike Blackman has conducted an inspection at 117 Bruce Drive and based upon his observations, the structure failed to comply with the minimum standards of fitness established by the Minimum Housing Code of the City of Dunn, The 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-443, the city Council has the power to proceed with the demolition of this property. This matter was tabled at the December 13, 2016 Council Meeting to be brought before the City Council at the January 10, 2017 Council Meeting to allow the property owner more time to make repairs on the dwelling. At this time the property owner has not completed any repairs since the December, 2016 Council Meeting, Building Inspector King noted there has not been progress made and I have not heard from the owner Should Council decide to proceed with the demolition of the dwelling at 117 Bruce Drive, an ordinance would need approval directing the Building Inspector to remove or demolish said structure. Motion by Council Member Tumage and seconded by Council Member McNeill to adopt the proposed Ordinance Directing the Building Inspector to proceed with the demolition of the dwelling located at 117 Bruce Drive PIN #1506-88-3051.000. Motion unanimously approved. A cop), of Ordinance (02017-07) is incorporated into these minutes as attachment #9. Consideration of Ordinance to Demolish Structure 510 Spring Branch Road PIN# 1516-71-5790.000 Chief Building Inspector Steven King has conducted an inspection at 510 Spring Branch Road and based upon his observations, the structure is in a condition that constitutes a fire and health hazard. The 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-443, the city Council has the power to proceed with the demolition of the property. Building Inspector King noted Mr. Patel has done a lot of work as far as cleaning out the building. He is in constant contact with myself and Planning Director Wullenwaber. I have made several site visits and the pool has been removed and about 70% of the motel cleaned out including furniture, In my opinion he has made a good faith effort. Mayor Han is inquired if Council deferred action they could still proceed with the improvements. Attorney Pope noted the options to Council would be to table the matter as with others in the past for some period of time to see what sort of progress is made and continue down that path if you see sufficient progress. The problem that Mr. Patel is probably having is most banks will not lend money to buy and do repairs with this hanging out there. Other alternatives would be to look down the ordinance and the current condemnation proceedings would be over and if he didn't follow through with what he said he would do Building Inspector King could start a new one and that would require some time. The other possibility would be whether or not if it is the wishes of the Council, his attorney, the banks attorney and myself were able to get together and come up with some type of agreement that Council would forebear so long as he met certain miles stones and progress along with renovations or something of that nature where we would be able to craft something that the lawyers could live with, which that such agreement would require Council approval in the future. If you were going to table it for additional time to see additional progress, I would suggest at least 60 days based on progress made to date maybe more, to give us time to talk with the lawyers from the bank and his attorney to see if there was something that could be brought back to the Council by the time that time period ran out. Mayor Harris inquired if Council deferred action for 60 days it would give Attorney Pope and the other attorney's time to draft such a document to move forward. Attorney Pope noted it would be imperative for Mr. Patel's attorney and whatever lender he is working with to get with the City to get that done. Mr. Patel stated he would agree to that. Council Member Maness noted this is to protect the City and this order is all we have to guarantee that this will be fixed or be tom down. Should Council decide to proceed with the demolition of the structure at 510 Spring Branch Road, an ordinance would need approval directing the Building Inspector to remove or demolish said structure. Motion by Council Member Maness and seconded by Council Member McNeill to table this matter until the March Council Meeting with the understanding and stipulation that all of the parties will get together to work out all of the necessary legal contract or requirements dealing with contingencies to be brought back to Council and that it has been to where lie is able to obtain financing and purchase the property. Motion unanimously approved. Set Date for Budget Retreat FY 2017-2018 The Budget Retreat for Fiscal Year 2017-2018 will be held on Friday, March 3, 2017 at the Dunn Enrichment Center 660 East Johnson Street, Dunn, NC with a proposed time to convene at 8:30 a.m. The Budget Retreat will prioritize goals of the City and how to accomplish them for FY 2017-2018 and beyond Motion by Council Member McLean and seconded by Council Member Turnage to accept the proposed Budget Retreat date of Friday, March 3, 2017, Motion carried unanimously. ITEM FOR DISCUSSION AND/OR DECISION Financial Report Finance Director Mark Stephens provided the following financial report for the period ending November 30, 2016: • The City as of November 30, 2016 had $1,526,094 in cash in the General Fund and $2,416,790 in the Water and Sewer Fund. In November 2015 the City had $1,393,531 in the General Fund and $2,123,768 in the Water and Sewer Fund. • Property Tax collections were $1,242,288 or 33,61% of budget. Last year property tax collections through November was $1,304,061 or 36.86% • Sales Tax Revenue is $626,452 or 37.40% of budget. Benchmark for the month is 33.33% of budget. • Utilities Sales Tax is $375,900 or 47.64% of budget. Benchmark for this month is 50.00% of budget. • Building Permit Fees were $38,895 or 59.83% of budget. Benchmark for this month is 41.67% of budget. • Water and Sewer Revenues were $2,053,172 or 45,63% of budget. Benchmark for this month is 41.67% of budget • Expenditures were 39,70% of budget in the general fund and 33.31% of budget in the water and sewer fund. The benchmark for this period is 41.67% of budget. Motion by Council Member McLean and seconded by Council Member Maness to accept the Financial Report. Motion carried unanimously. ADMINISTRATIVE REPORTS Tax Report Building Report, Planning, Recreation and Library Reports Police Report Motion by Council Member Tart and seconded by Council Member McLean to accept the Administrative Reports. Motion unanimously approved. AGENDA ADDITION Mayor Pro Tem Motion by Council Member Tart and seconded by Council Member McLean to nominate Council Member Barfield as Mayor Pro Tem. Motion unanimously approved. Tammy Williams Executive Vice -President of the Dunn Area Chamber of Commerce thanked the City Council, Department Heads and staff for all of the support they have given the Dunn Chamber in 2016. Ms. Williams noted the annual banquet is Tuesday, January 31, 2017 at 6:00 p.m. at the Dunn Shrine Center. There will be awards given away. There will also be a ribbon cutting on Friday, January 20°i at 10:50 a.m. and it will be the grand re -opening celebration of Kim's Barbeque. ANNOUNCEMENTS The following announcements and/or comments were made. Mayor Harris: ➢ The City of Dunn offices will be closed Monday, January 16"1 for Martin Luther King, Jr. Day. ➢ The amoral Marlin Luther King, Jr. Parade will be held on Monday, January 16°i @ 11:00 a.m. in Downtown Dunn. ➢ Mayor Harris noted the Harnett County NAACP would like to thank the City for sponsoring the 19t' Annual Martin Luther King, Jr. and invite the City to breakfast @ 8:00 a.m. Monday, January 16°i at 205 Jackson Road (Dunn Community Center) and the guest speaker will be Anthony Davis — Forward together not one step back. ➢ The Mid -Carolina Council of Governments Annual Dinner Meeting will be held on Thursday, January 26`n @ 6:30 p.m. at Coharie Country Club 101 Coharie Lane, Clinton, NC. ➢ DACC Annual Banquet will be held at the Dunn Shrine Center on Tuesday, January 31, 2017 @ 6:00 p.m. ➢ The next regular City Council Meeting is scheduled for Tuesday, February 7, 2017 @ 7:00 p.m. Motion by Council Member McNeill and seconded by Council Member Maness to adjourn the meeting at 7:45 p.m. Motion unanimously approved. Oscar N. Harris Mayor Attest: Jennifer M. Fortin, CMC City Clerk DUNN _ niu „a DUNN UNN All -America Ciq All -America City 1 r City Council Agenda Fortin 1 1 11110 Meeting Date: February 7, 2017 1989 iC20t3 — t989 �' 2013 SUBJECT TITLE: Proclamation — Black History Month Presenter: Manager Autry Department: Administration Attachment: X Yes No Description: Black History Month Proclamation Public Hearing Advertisement Date: Attached please find a proclamation designating the month of February as Black History Month in the City of Dunn. BACKGROUND: BUDGETIMPACT: RECOMMENDATIONIACTION REQUESTED: north carolina U=U-UUNN city of dunn POST OFFICE BOX 1065 a DUNNi, NORTH CAROLINA 28335 (910) 230-3500 - FAX (910) 230-3590 wrvw.dunn-nc.org Mayor Oscar N. Harris Mayor Pro Tern Billy Barfield Council Members Buddy Maness Dr. Gwen McNeill Frank McLean Billy Tart Chuck Tumage City Manager Ronald D. Autry WHEREAS, the 2017 theme for National Black History Month is "The Crisis in Black Education" chronicling the important places in the United States that evoke a sense of black culture and history; and WHEREAS, Black History Month is the observance of a special period to recognize and honor the determination and commitment of generations of African Americans in pursuing the promises of America; and WHEREAS, it was initiated in 1926 by Dr. Carter G. Woodson as Negro History Week; and WHEREAS, since 1976 it has been celebrated the entire month of February; and WHEREAS, African American leaders such as Sojourner Truth, Phyllis Wheatley, Harriet Tubman, Ida B. Wells, Rosa Parks, Shirley Chisholm, Booker T. Washington, Martin Luther King, Jr. and Leon Sullivan caused America to examine its heart and to respect the dignity and equality of all people, regardless of race; and WHEREAS, African Americans have made significant contributions as leaders at the highest levels of the military, business, education, law, government, the arts, sports, and religion; and WHEREAS, Barack Obama was the first man of color elected President of the United States. NOW, THEREFORE BE IT RESOLVED, that the Mayor and City Council of the City of Dunn, North Carolina, do hereby proclaim the month of February as Black History Month and urge all citizens of our community to give full regard to the past and continuing service of African Americans in our city, our state and our nation. This the 7°i day of February, 2017. Oscar N. Harris, Mayor Attest: Jennifer M. For , City Clerk DUNN hCall AItA®erica Clly r 11 wx9*2.13 DUNN �i 1 � ThrT DUNN It�lil\`JI11\VI ui uenuary • City Council Agenda Form 19flY j1301J IMY* 10�) Meeting ate: February 7, 2017 SUBJECT TITLE: Consideration of Resolution Authorizing the Disposition of Personal Property Presenter: Manager Autry Department: Various Attachment: X Yes No Description: Resolution Declaring Property Surplus Public Hearing Advertisement Date: N/A PURPOSE: The City Council is being asked to adopt the attached resolution authorizing the City Manager to dispose of personal property by electronic means through www.GovDeals.com. BACKGROUND: BUDGETIMPACT: RECOMMENDATION/ACTION REQUESTED: ' north Carolina ANNIEWEENNESERM UNN'r u.u. L) N city of dunn POST OFFICE BOX 1065 . DUNN, NORTH CAROLINA 28335 (910) 230-3500 • FAX (910) 230-3590 wwwAunn-nc.org Mayor Oscar N. Harris Mayor Pro Tern Billy Barfield Council Members Buddy Maness Dr. Gwen McNeill Frank McLean Billy Tart Chuck Tumage City Manager Ronald D. Autry A RESOLUTION OF THE DUNN CITY COUNCIL DECLARING CERTAIN PROPERTY OF THE CITY TO BE SURPLUS AND AUTHORIZING THE DISPOSITION OF SAID PROPERTY WHEREAS, the City Council of the City of Dunn, North Carolina, has determined that the City owns certain personal property that is no longer needed or useable by the City; and WHEREAS, each of the items described below, is declared to be surplus to the needs of the City: Item Model Serial # 8 — A/C Units KK91936484 Whirlpool and Frigidaire Units A1180886 IK82708267 KK90201619 IK82718838 NOW, THEREFORE, BE IT RESOLVED by the Dunn City Council that the City Manager is hereby authorized to dispose of the listed items by electronic means through www.GovDeals.com. With appropriate notice, the date, place and time of the sale will be announced by the City Manager or his designee. The City Clerk shall publish at least once and not less than ten (10) days before the dates of the auctions, a copy of this Resolution or a notice summarizing its contents as required by North Carolina General Statute 160A-270(b). Adopted this 7`l' day of February, 2017 ATTEST: Jennifer M. Fortin, City Clerk DUNN gAlbAmeeiaa Gtyg 1 19n * 2013 CITY OF DUNN Oscar N. Harris, Mayor W676 mmc Nafta k tt City Council Agenda r e , 1 1 SUBJECT TITLE: Budget Amendment #3,4 Presenter: Mark Stephens Attachment: x Yes No Public Hearinq Advertisement Date: PURPOSE: To record budget amendments #3,4 Description: Budget Amendment #3,4 N/A BUDGET IMPACT: Please see justification on Budget Attachments. RECOMMENDATION/ACTION REQUESTED: Approve Budget Amendment #3,4 for fiscal year 2016/2017. PLEASE PROVIDE: Sixteen (16) copies of all pertinent attachments with the Agenda Abstract to the City Clerk no later than noon in accordance with the schedule that you have been given. CITY OF DUNN REQUEST FOR BUDGET REVISION FISCAL YEAR ENDING 6/30/2017 Department: Police Department Budget Amendment# BA-3 Date: 2/7/2017 FUND BUDGET CODE LINE ITEM DESCRIPTION Appropriation Before Amendment Amount of Amendment Increase/Decrease Appropriation After Amendment General 10-510-5910 Drug Forfeiture Money $ - $ 113,000.00 $ 113,000.00 ❑J NUJ I UK= I IAL: Y Y IIJ,VUV.Uu a I IJ,VVV.VV FUND BUDGET CODE LINE ITEM DESCRIPTION Appropriation Before Amendment Amount of Amendment Increase/Decrease Appropriation After Amendment General 10-360-1000 Drug/Tax Seizure $ - $ 26,000-00 $ 26,000.00 General 10-368-0000 Fund Balance -Drug Seizure - 87,000.00 87,000.00 KIzVCNUC IU IA : Y - Y I w,VVV-VV .➢ i io,uVV.w CERTIFICATION: I certify this requested budget amendment was approved by the City Council on: City Manager: Date: Finance Director: Date: JUSTIFICATION: To purchase cars for the Police Department's Drug Unit FUNDING SOURCE: Drug Seizure Monies that are restricted for use only In the drug enforcement unit CITY OF DUNN REQUEST FOR BUDGET REVISION FISCAL YEAR ENDING 6/30/2017 Department: Police Department Budget Amendment# BA-4 Date: 2/7/2017 FUND BUDGET CODE LINE ITEM DESCRIPTION Appropriation Before Amendment Amount of Amendment Increase/Decrease Appropriation After Amendment General 10-520-3301 Uniforms $ - $ 7,700.00 $ 7,700.00 General 10-520-7400 Capital Outlay 5,000.00 400.00 $ 5,400.00 I=AFLNUIIUK& IUTAL: $ b,000.UU $ b,1uu.UU $ 13,1uu.UU FUND BUDGET CODE LINE ITEM DESCRIPTION Appropriation Before Amendment Amount of Amendment Increase/Decrease Appropriation After Amendment General 10-399-0401 Gov Hwy Safety Grant $ 82,700.00 $ 8,100.00 $ 90,800.00 FUNDING SOURCE: REVENUE TOTAL: $ 82,700.u0 $ 8,tuu.0u $ 9u,8Uu.Uu City Manager: Finance Director: the govemors hwy safety grant Governor's Hwy Safety Grant on: Date: Date: Under Section 1 -Adjustment and Approval of the Agenda **MOTION TO ADOPT THE February 7, 2017 MEETING AGENDA WITH THE FOLLOWING CHANGES: • SkiIIsUSA Week DUNN U,nrih�nroilnn l V 1 V RII AAnterica cif 2ZCmuVtlr nlaffera p , 1989 * 2013 SkillsUSA Week WHEREAS; Feb. 5-11, 2017, has been designated by the national SkillsUSA Association as SkillsUSA Week; and WHEREAS, profound economic and technological changes in our society are rapidly reflected in the structure and nature of work, thereby placing new and additional responsibilities on our educational system; and WHEREAS, career and technical education provides students with a school -to -careers connection and is the backbone of a strong, well-educated workforce, which fosters productivity in business and industry and contributes to our leadership in the national and international marketplace; and WHEREAS, career and technical education gives high school students experience in practical, meaningful applications of basic skills such as reading, writing and mathematics, thus improving the quality of their education, motivating at -risk students and giving all students leadership opportunities in their fields and in their communities; and WHEREAS, career and technical education offers individuals lifelong opportunities to learn new skills, which provide them with career choices and potential satisfaction; and WHEREAS, the ever-increasing cooperative efforts of career and technical educators, business and industry stimulate the growth and vitality of our economy and that of the entire nation by preparing graduates for career fields forecast to experience the largest and fastest growth in the next decade; WHEREAS, Ski11sUSA — a national organization for students preparing for technical, skilled, and service occupations in high schools and colleges/technical schools — helps its members become world -class workers and responsible Americans; and WHEREAS, SkillsUSA is preparing more than 300,000 students to be high-performance workers, NOW, THEREFORE, I, Oscar N. Harris, Mayor of the City of Dunn, do hereby proclaim the week of Feb. 5-11, 2017, as SkillsUSA WEEK in the City of Dunn and urge all its citizens to acquaint themselves with the purposes and activities of SkillsUSA and to give help and encouragement to the members who are working hard to achieve the goals that will make them outstanding skilled workers in our communities. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the City of Dunn to be affixed this 7°i day of February, in the year of our Lord 2017. scar N. Harris, is or Attest: T mifer M. ortin, Cit Clerk ® inrr6 aaT1rolinn l Mftachy city of <li nn pW@IM '� City Council Agenda Form i 1 Meeting Date-, February 7, 2017 SUBJECT TITLE: Consideration of Ordinance Declaring Property Unfit for Human Habitation - 407 E. Pearsall St. — PIN # 1516-65-7757.000 - PARCEL # 02151611140009 Presenter: Chief Building Inspector Steven King Department: Inspections Description: Ordinance Declaring the Property Herein Described As Unfit for Human Attachment: X Yes No Habitation, Photographs of subject property, Correspondence from the City of Dunn to the Property Owner Public Hearing Advertisement Date: 1/24/17 & 1/31/17 PURPOSE: Building Inspector Mike Blackmon has conducted an inspection at 407 E. Pearsall St. and found 're structure in a deteriorated condition that does not meet the requirements of the City of Dunn Minimum Housing Code (MHC). The 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 Building Inspector's order to bring the structure on the property into compliance with the City of Dunn MHC 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 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 N.C.G.S. 160A-443. BUDGETIMPACT: RECOMMENDATION/ACTION REQUESTED: Motion to adopt the Ordinance Declaring the Property located at 407 E. Pearsall St. (PIN# 1516-65-7757.000) as Unfit for Human Habitation Pursuant to N.C.G.S. 160A-441, ET SEQ. PLEASE PROVIDE: Sixteen (16) copies of all pertinent attachments with the Agenda Abstract to the City Clerk no later than noon in accordance with the schedule that you have been given. north carolina 'wN D v4,.AN city of dune POST OFFICE BOX 1065 , DUNtN, NORTH CAROLINA 28335 (910) 230-3500 ° FAX (910) 230-3590 wwwAunn-ne,org Mayor Oscar N. Harris Mayor Pro Tem Billy Tart Council Members Buddy Maness Dr. Gwen McNeil Frank McLean Chuck Turnage Billy Barfield City Manager Ronald D. Autry AN ORDINANCE DECLARING THE PROPERTY HEREIN DESCRIBED AS UNFIT FOR HUMAN HABITATION PURSUANT TO N.C.G.S. §160A-441, ET SEQ. WHEREAS, that on September 23, 2016, the Building Inspector for the City of Dunn sent a notice to Gary E. Strickland, the owner of record of the property located at 407 E. Pearsall St., 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 October 6, 2016, at the office of the Building Inspector located at 102 North Powell Ave., Dunn, North Carolina pursuant to North Carolina General Statute §160A-441, et seq.; and WHEREAS, on October 6, 2016, attending the hearing was property owner, Gary E. Strickland and Mike Blackmon, Building Inspector 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 Dum7 Minimum Housing Code and ordering the property owner to bring the structure on the property into compliance with the City of Dunn Minimum Housing Code within ninety (90) days of the date of such Order, being January 8, 2017 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 Dumi Minimum Housing Code as set forth in Section 4-31 of the Dunn City Code; and bild An-Amedcacnr 7zml CC%7t lt ane xa&er 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 4-31 of the Dunn City Code such Order is therefore a final Order; and WHEREAS, on January 24, 2017 and January 31, 2017, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on February 7, 2017, 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 dwelling described herein is unfit for human habitation and that the Chief Building Inspector shall post the main entrance of such property with the placard provided for herein; and WHEREAS, the owner of this dwelling has been given a reasonable opportunity to repair the dwelling pursuant to an Order issued by the Chief Building Inspector on October 11, 2016 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 entrance 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 building located at the following address: 407 E. Pearsall St., Dunn, NC 28334 PIN #: 1516-65-7757.000 PARCEL ID#: 02151611140009 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 7th day of February, 2017 Oscar N. Harris Mayor Attest: Jennifer Fortin City Clerk north carolina U.V'-DUNN city of dunn Inspections Department POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA. 28335 (910) 230-3505 . FAX (910) 230-9005 www.dann-nc.org January 17, 2017 PROPERTY HISTORY: 407 East Pearsall Street (PIN#) 1516-65-7757.000 Gary E. Strickland: Owners Phyllis C. Strickland September 14, 2016 — Complaint was received from tenant Mrs. Denise Green Mayor Oscar N. Harris Mayor Pro Tem Billy Barfield Council Members Buddy Maness Dr. Gwen McNeil Frank McLean Billy Tart Chuck Tumage City Manager Ronald D. Autry September 20, 2016 — Minimum Housing Inspection was conducted at 407 East Pearsall Street. September 23, 2016 — Letter of inspection and notification of hearing letter was mailed to owners. October 6, 2016 — Hearing date. In attendance at hearing were Mike Blackmon, Gary Strickland and Kelly Mathis. October 11, 2016 — Finding of Facts and Order letter was mailed to owners along with instructions on appeal process. 90 days was given to correct all violations. October 21, 2016 — Deadline for appeal. No appeal was received. January $, 2017 — 90 days expired January 17, 2017.— Site inspection was conducted and no visual changes were noticed. February 7, 2017 - Scheduled for City Council Meeting. Should you have additional questions please call the City of Dunn Inspection Department at 910-230- 3505. Sincerely4�� Mike Blackmon Building Inspector DUNN Y r (07nrturrr.iC rnars AllAaerfaa CItpIp 1 1989 * 2013 NOTICE OF PUBLIC HEARING DUNN CITY COUNCIL TO: Gary E. Strickland 280 Bailey Road Coats, NC 27521 LOCATION OF DWELLING: 407 E. Pearsall St., Dunn, NC 28334 On, October 11, 2016 an Order was entered by the Building Inspector for the City of Dunn for the repair, alteration, improvement, removal or demolition of the above referenced property by January 8, 2017, based on said property being deteriorated within the meaning of Section 4-31 of the Code of the City of Dunn and/or being a public nuisance within the meaning of North Carolina General Statute § 160A-193. The time for completing such repairs, alterations, improvements, removal or demolition has now expired and the Order of the Building Inspector has not been complied with. You are hereby notified that a public hearing will be held before the City Council of the City of Dunn at its February 7, 2017 meeting at the City of Dunn Municipal Building, located at 401 East Broad Street at :00 p.m. Following the public hearing, the City Council will consider for decision, an ordinance to authorize Building Inspector to post on the main entrance of said dwelling 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." Said ordinance shall also include a directive that if the dwelling has not been brought into compliance with Section 4-31 of the Code of the City of Dunn within one (1) year, that the Building Inspector shall return the matter to the Dunn City Council for further consideration under the terms of North Carolina General Statute §60A-443. This the 13' day of January, 2017. 0 Steven King Chief Building Inspec or, City of Dunn ( } CERTIFIED MAIL DATE: 01/13/2017 CERT NO: 7016 2070 0000 3716 1951 FINDINGS OF FACT AND ORDER BY THE CITY OF DUNN BUILDING INSPECTOR TO: Gary E. Strickland 280 Bailey Road Coats, NC 27521 LOCATION OF DWELLING: 407 E. Pearsall St., Dunn, NC 28334 Pursuant to North Carolina General Statute § 160A-441, et seq, North Carolina General Statute § 160A-193, and the regulations of the City of Dunn, a hearing was held by the undersigned Building Inspector at the time and place stated in the Complaint and Notice of Hearing heretofore issued and served on \Gary E. Strickland on September 25, 2016. At said hearing, the Answer, if any, was filed by the owners and parties in interest was read and considered, and the evidence, contentions, and views of the owners and parties in interest were carefully analyzed and considered by the undersigned. In addition to other evidence presented, the undersigned personally inspected the dwelling described above, and such inspection and examination has been considered, along with the other evidence offered, at this hearing. Upon the record and all of the evidence offered and contentions made, the undersigned Building Inspector does hereby make the following: FINDINGS OF FACT The above -named owners and parties in interest with respect to the dwelling, located at the place specified above, were duly served with a written Complaint and Notice of Hearing, which sets forth the complaint that the dwelling is unfit for human habitation, and is dangerous or prejudicial to the public health or public safety. 2. The hearing was attended by Mike Blackmon, Building Inspector, Kelly Mathis, Building Inspector and Property Owner, Gary E. Strickland and the following evidence was presented. (M. H. Survey attached.) 3. The owner, nor any party in interest has remedied the conditions found by the Undersigned Building Inspector, as specified in the Complaint by repairing the same, or by demolishing and removing the same. 4. The building described above is unfit for human habitation, does not meet the Minimum Housing Standards, and is dangerous or prejudicial to the public health or public safety, by reason of the conditions found to be present and to exist in and about said dwelling, as set forth on the attached page. BASED ON THE FOREGOING FINDING OF FACTS and the evidence presented, the Building Inspector finds that the dwelling is unfit fort human habitation and is dangerous or prejudicial to the public health or public safety and is: {X} "deteriorated." within the meaning of Section 4-31 of the Code of the City of Dunn. { } a "public nuisance" with the meaning set forth in North Carolina General Statute § 160A-193. IT IS THEREFORE ORDERED that the owners of the dwelling named above and designated be and are hereby ordered and required to bring such dwelling into compliance with Section 4-31 of the Code of the City of Dunn within 90 days. In accordance with Section 4-31 of the Code of the City of Dunn, an appeal from this Order may be taken within ten (10) days fiom issuance or service by filing a written notice of appeal with the Building Inspector and the City Clerk for hearing by the Dunn City Council. Entered this the 111h day of October, 2016 Me Blackmon Building Inspector City of Dunn SERVED BY: { } CERTIFIED MAIL DATE: 10/11/2016 CERT NO.:7013 3020 0000 4563 9140 r!�fIJld��1F tl�l�Aip��� �OFA�rDS'��td9'���V3d�'�71 ��?J!' 1➢.%J�a.�ia�?. :3Akli.. .�t�L-��,. batS�Iw � �JsPs�.,9m�'�,' T I I f m.' <a N �5 tv M ar m w d N�M O No, O a- m .n L+1 O 0 m nj m m a 0 N a q w ro �a t_ (O m i.n LIJ fJ Y 0 w m . m U O Io (N 0 iD N ii 4: a b; r•:y ,� ur M ial tra IV Mayor Oscar N. Harris 7 city of dunn INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3505 ^ FAX (910) 230-9005 www.dunn-nc.org October 11, 2016 Gary E. Strickland 280 Bailey Road Coats, NC 27521 RE: Appeal Process Dear Property Owner: Mayor Pro Tern Chuck Tonnage Council Members Buddy Maness N. Camel] Robinson Frank McLean Billy Tart Billy Barfield City Manager Ronald D. Autry Should you wish to appeal the building inspection order after hearing these are the following steps you should take. Upon receiving the order to take corrective action letter giving you 90 days to remedy the defective conditions of the structure by repairing or demolishing, you may at that time appeal the Inspection Department's lecision by addressing a letter stating that you wish to appeal the Inspection Department's decision of 90 days. I'he letter must be addressed to the City Clerk and to the Chief Building Inspector. Jennifer Fortin (City Clerk) P.O. Box 1065 Dunn, NC 28335 Steven King (Chief Building Inspector) P.O. Box 1065 Dunn, NC 28335 This letter must be received in the inspection office within ten (10) days of you receiving the order to take corrective action. Once the City receives the appeal letter you will be placed on the next regularly scheduled City Council Meeting for you to present your plans. Should you have any questions please contact the City of Dunn Inspection Department at 910-230-3505. Mike Blac on Building Inspector DUNN AII�Areerle! Cdy 1989*2013 citv of dunn INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 . DUNN, NORTH CAROLINA 28335 (910) 230-3505 • FAX (910) 230-9005 www.dunn-ne.org October 6, 2016 The following attendees were present for the M H hearing for 407 E. Pearsall St. on October 6, 2016 in Dunn, NC. COMPLAINT AND NOTICE OF HEARING BEFORE THE CITY OF DUNN BUILDING INSPECTOR TO: Gary E. Strickland 280 Bailey Road Coats, NC 27521 LOCATION OF DWELLING: 407 E. Pearsall Street, Dunn, NC 28334 TAKE NOTICE and YOU ARE HEREBY NOTIFIED, that pursuant to the Provisions of North Carolina General Statute §160A-441, et seq., North Carolina General Statute §160A-193, and the regulations of the City of Dumi, the City of Dunn Building Inspector has made an inspection of your dwelling (or dwelling unit) as designated above, and his investigation has revealed that said dwelling is in a such a condition that it does not meet Minimum Housing Standards, is unfit for human habitation, and is dangerous or prejudicial to the public health or public safety, based on the following general particulars, as noted on the attached page. YOU ARE FURTHER NOTIFIED that a hearing will be held before the City of Dunn Building Inspector, at his office, located in the Dunn Municipal Annex at 102 N. Powell Avenue, Dunn, North Carolina, at 2:00 (p.m.) on the 6th day of October, 2016, for the purpose of making findings of fact, as relates to the violations referenced in paragraph one above. At this time, you will have the right to file an answer to this Complaint and to be heard in person or by counsel upon all legal or factual questions relating to this matter and shall be entitled to offer such evidence as you may desire which is relevant to the questions sought to be determined or the remedies to be effected. The rules of evidence prevailing in courts of law or equity shall not be controlling in this hearing before the Building Inspector. YOU ARE FURTHER NOTIFIED that if, upon such hearing, the Building Inspector shall find that the conditions described above do in fact violate North Carolina General Statute §160-A-441 et seq. or North Carolina General Statute § 160-A-193 or the regulations of the City of Dunn, the Building Inspector will issue an Order, in writing, directed to you, requiring you to remedy such conditions so found to exist by repairing the same, or by vacating and demolishing and removing the same, or by taking such other steps as may be necessary to remedy the conditions within a period, not to exceed ninety (90) days. If necessary, the Order may also direct and require the owner or occupant to vacate and close the dwelling until such repairs, alterations, or improvements have been made. Further information on this matter may be obtained by contacting the undersigned at his office, at the following number (910) 230-3505. This the 23`d day of September, 2016 SERVED BY: (X) CERTIFIED MAIL DATE: 09/23/2016 CERT NO.: 7013 3020 0000 4563 8921 il paw , Mike Black&W Building Inspector, City of Dunn (ONXcG xafta ,q ru Ir m e _Ul a Postage $ Cedltlod Fee 3. 3 O p Return Receipt Fee p (Endorsement Required) p Reslristed delivery Fee (Endmemonl Required) p ru •'� p Total Postage & Fees $ & 9 m 6 m Sent To p or PO Box No. PO or Apl. No; aJ-o �y .G.K[��e. t7 C o o 0O O m o_ to r✓ w o cu'il .ta t.l Rl f7 4it imI k N Here In 00 O N In m H I :.. Itl lu VJi w w - u, Q �rw fa J fl .^ ZI ni a_ p ��Q1r' In Ol 11l N City of Dunn Minimum Housing Survey Address: 407 East Pearsall Street Date of inspection: September 20, 2016 Owner: Gary E. Strickland Phone Number: unknown 280 Bailey Road Coats, NC 27521 Tenant: Denise Green Phone Number: (910) 580-2148 Type: One Story Single Family Dwelling Tax Value of structure: $51,100.00 Construction Type: Crawlspace/Frame Zoning District/Ward: R7/3 Page 1 of 7 This is the inspection results of a Minimum Housing Inspection that was performed on August 24, 2016. All violations in this report will need to be corrected and a follow-up inspection will need to be performed to ensure compliance with the City of Dunn's Minimum Housing Code. Any permits that are required will need to be issued prior to beginning repairs. Please contact the City of Dunn Inspection Department if you have any questions. " � s A SIDING - Brick appears to be OK B STEPS - Appears OK D. ROOF - Appears OK E. ROOF CVRG - Appears OK. Metal Roofing F. A CES DR. - Appears OK. G VENTS= Appears OK I -WINDOWS - Appears OK L.-FOOTINGS - Appears OK M INSULATION N SCREEN = Appears OK 0. YARD - Provide general yard maintenance and clean-up. P. ACC.-BLDG.- N/A Page 2 of 7 A, -WALLS Appears OK. Paneling on the walls. B. CEILING Appears OK C. FLOOR i [ouf v,W and" -]t .u, ! , D - F L R. C �G- Appears OK. E--ELECTRICAL - Appears OK. NOTES: BEDRDOM # I First onrigh—t A. —WALLS-- Appears OK. B. CEILING - Appears OK. C—F=R-- Appears OK _DFLR.-CVRG. - Appears OK. E.-WINDOWS- Appears OK. F. ELECTRICAL. - Appears OK. —GDOOR --- J, 'iool i I 01 )&, hU, H. KN OB/LOCK - Vd, 1- I-CEL[NG FIXTURE - Appears OK. Notes: Page 3 of 7 A. -WALLS Appears OK B CEILING - Appears OK C F OR - Appears OK D. FLR CVRG - Appears OK WINDOWS - Appears OK F. ELECTRICAL-- Appears OK G. DOOR - Appears OK Iq. KN B I OCK I. CEILIN FIXTURE - Appears OK. A WALLS -Appears OK B. CEILING -Appears OK C. FLOOR -Appears OK D FLR CVRG, - Appears OK E WINDOWS -Appears OK F. ELECTRICAL - Appears OK G. DOOR sty i "i i �,�;iv. HJKNOB/LOCK - Appears OK. LC FIXTURE -Appears OK. Page 4 of 7 Notes: A. WALLS - Appears OK B. CEILING - Appears OK C. FLOORI , , , l / �� li-ll -- f c��k i'v�:'� l< ;d,'iw edlff' 'A mw" 'i� � "h; "' , 'i D. FLRCVRG�- )l WO E.—JUB= Appears OK. F,TUB FAUCET - Appears OK. IRM111,131110011IN CFZ1193�9 1 H--LAVATORY -- Appears OK I. COMMODE - Appears OK 1. PLUMBING - sp- j[ld( K. DOOR - Appears OK L. KNOB LOCK - OK M, ELECTRICAL -- N--CE ILING Appears OK. NOTES: A. WALLS: N/A B. CEILING: N/A Page 5 of 7 C-ELOOR- N/A D, FLQDR--C—VR-G - N/A E—WindQws--- N/A F—Etearii-ca - N/A G. CefinFixture: - N/A KITCHEN & WALLS B. CEILUNG - Appears OK. C. —FLOOR - Appears OK. D__FLR_CVR—G- Appears 0K. E. —SINK EFAU CET-- k-o G. PLUMBING H STOVE - ( _W_ATERHEATER - Appears OK. 1 ELECTRICAL , t)cY j; K,-CEI Appears OK. Page 6 of 7 A. HEAT Appears OK B. WATER City water. C. SEWER-7 City sewer. dic M► 9 �9ro EXTERMUNATE—E .. ... F. SMOKE -DETECTORS - Worked at time of inspection. G. PROPERTY Provide general maintenance on property. NOTES: 12 INSPECTOR'S SIGNATURE Page 7 of 7 Form # 1 PEA TITION City of Dunn Inspections Department 102 N. Powell Avenue Dunn, NC 23334 1�,/ Date: c5c 1 TO: CITY OF DUNN CODE ENFORCEMENT DIVISION FOR OFFICE USE: Verification of Residency: By Whom: Date: (0 fi Method: Phone Book: Other: (, )R;?%.='.- I.. The undersigned hereb reams. pectfully charge that the structure, dwelling, or dwelling unit located at 40 2— ffr<r,I is unsafe and unsanitary for human habitation because of the conditions shown on Exhibit A, attached hereto and incorporated herein by reference and ask that an investigation be made by the City of Dunn's Code Enforcement Division a.s provided for in the Citv's Minimum Housing standards, Section 4-31v For this petition to be valid, it must be signed by a public authority, OR five (5) residents of the City of Dunn. All signatures and residency must be verified for this petition to be valid. A. Public Authority (Signature) (Agency) (Telephone Number) Occupant of Dwelling gna re) ,,-)Pr(;�Ltl� (Address) (Telephone Number) B. City of Dunn Residents I hereby certify by signing below that I am a current resident of the City of Duran and a party to the referenced petition. I authorize the city to verify my residence in Dunn. 2. (Signature) (Signature) (Address) (Telephone Number) (Address) (Telephone Number) No. of Years Resident No. of Years Resident. 4. Signature) (Address) (Telephone Number) No. of Years Resident: 21 (Signature) (Address) (Telephone Number) (Signature) (Address) (Telephone Number) No. of Years Resident: (Signature) (Address) (Telephone Number) No of Years Resident: No. of Years Resident. - BRIEFLY DESCRIBE THE CONDMONS YOU FEEL NEED TO BE ADDRESSED Code Enforcemen:Peadon Revised 12116109 Harnett County Parcel Report Page 1 of 1 Print this page -Wiarnett U NTY Legal Description: G Harnett County GIS slseng .is • no. qmo h 6OX1601 LOT 407 FAST PEARSALL ST 02151611140009 1516-65-7757.ODO division: 2-97 ded Acreage: 0 ac PI Acreage: 0.21696757 ac ount Number: 1500006066 ie 1: STRICKLAND PHYLLIS C is 2: STRICKLAND GARY E ier Address 1: 280 BAILEY ROAD Per Address 2: Par Address 3: State, Zip: COATS, NO, 27521 ding count: i nship Code: 02 Code:FR22 Party Address: 407 E PEARSALL ST of Building Value: $61100 at Outbuilding Value : $600 at Land Value : $7500 eI Special Land Value : $0 I Veto. :$591OO el Deferred Value : $0 [A .... sod Value : $59100 I Land Units, Unit Type :1, LT Tax Data Last Modified: Calculated Land Units / Type: 0 an Neighborhood: O0212 Actual Year Built: 1966 TotalAcutalAreaNeated: 1026 SgIFt Sale Month and Year: 8 / 2012 Sale Pd..:$25000 Deed Book & Page: 3025-0794 Dead Data: Plat Book B Page: - Instrument Typo: WD Vacant or Improved; OualifiedCode: E Transfer or Split: T Prior Building Value: $44370 Prior Outbuilding Value : $0 Prior Land Value : $7500 Prior Special Land Value : $0 Prior Deferred Value : $0 Prior Assessed Value : $51870 Prior Land Units: i ac httn-//gi stool hox.harnett.orglF_91 1 Browserann/Parcels/ParcelReport.aspx7pin=1516-65-77... 9/15/2016 CouncilAll-America My d,,, Agenda Form Meeting1February — Building Reuse Program — The Organic Butcher Shop Presenter: Planning Director Wullenwaber Department: Administration Description: Rural Economic Development Grant Attachment; X Yes No Documents Public Hearino Advertisement PURPOSE: At the October 11, 2016 Council Meeting, the Council approved a Resolution to authorize the Mayor to file an application of behalf of the City of Dunn with Rural Economic Development for a Building Reuse Grant to assist in the construction of The Organic Butcher Shop located at 219 E. Broad Street. Upon completion, The Organic Butcher Shop will create five full-time jobs. The Council is now being asked to approve acceptance of the grant and authorize execution of all associated documents. BACKGROUND: Rural Economic Development has provided funding of $25,000.00 to correspond with the number of 5 new full-time jobs at $5,000.00 per job. BUDGETIMPACT: j_ $21500.00 — The local government must contribute a cash match of at least 5% of the grant amount. i TIONIACTION REQUESTED: Accept NC Rural Economic Development Grant — Building Reuse Program for The Organic Butcher Shop and authorize staff to execute all associated documents. Rural Economic Development Grant Agreement, Private Owner BUILDING REUSE PROGRAM 2017-099-3201-2587 The North Carolina Department of Commerce ("Commerce"), an agency of the State of North Carolina ("State"), enters into this Rural Economic Development Grant Agreement ("Grant Agreement") with the City of Dunn (the "Governmental Unit" and, together with Commerce, the "Parties"). WHEREAS, the North Carolina General Assembly ("General Assembly") has determined that it is the policy of the State to stimulate economic activity and to create new jobs for citizens of the State by providing matching grants or loans to specific local governmental units so as to productively reuse certain buildings and properties or expand rural health care facilities subject to the requirements of N.C.G.S. §§ 14313-472.127 and .128; and WHEREAS, under MC.G.S. § 14313-472.128, the General Assembly created the North Carolina Rural Infrastructure Authority ("Rural Authority") to review applications for and, where appropriate, authorize such matching grants or loans, and, under N.C.G.S. §§143B- 472.126 and .127, the General Assembly authorized Commerce to administer such grants or loans; and WHEREAS, pursuant to N.C.G.S. §§ 14313-472.127 and .128, and based on the terms, conditions and representations in this Grant Agreement's Exhibits A (Scope of Project), Exhibit B (Payment Schedule), Exhibit C (Reporting Schedule), Exhibit D (Closeout Schedule/Job Requirements), Exhibit E (LBC), Exhibit F (Promissory Note) and Exhibit G (Waiver of Confidentiality ("Waiver")), the Rural Authority has approved a grant (the "Grant") to the Governmental Unit; and WHEREAS, without limitation, the Rural Authority awarded the Grant: (1) based on the application filed by the Governmental Unit and any subsequent materials supporting the application that have been approved of by Commerce in writing, all of which are incorporated by reference herein; (2) based on the representation in the application that Dorothy Adkins (the "Owner") owns certain real property located at: 219 E. Broad Street Dunn, NC 28334 in Harnett County, North Carolina (the "Property"); (3) based on Commerce's Grant requirements and guidelines, which are incorporated herein and which may be amended, modified or supplemented and applied accordingly to this Grant Agreement by Commerce in its sole discretion; and for (4) the creation and retention of certain jobs in the course of completing certain renovations/construction work at the Property (altogether, the "Project," as summarized in Exhibit A to this Grant Agreement). NOW, THEREFORE, in consideration of the mutual promises and such other valuable consideration as set out herein, the Parties mutually agree to the following terms and conditions: Rural Economic Development Grant Agreement, Private Owner BUILDING REUSE PROGRAM 2017-099-3201-2587 Scope of Program/Agreements to be Executed. (a). As conditions of the Grant Agreement: i. The highest elected official of the Governmental Unit shall execute two originals of this Grant Agreement in its exact form (unless Commerce approves of a change to its terms in writing) and shall return one of them to Commerce; ii. The Governmental Unit shall ensure that its highest elected official and a duly authorized representative of the Owner execute two originals of the Rural Economic Development Loan Agreement and Legally Binding Commitment ("LBC") in its exact form (unless Commerce approves of a change to its terms in writing) and shall return one such original to Commerce with the one executed original of the Grant Agreement; iii. The Governmental Unit shall ensure with the Owner that every individual or entity that has any ownership interest in the real property which is the subject of the Project executes two originals of the Promissory Note attached as Exhibit F in its exact form and shall return one such original to Commerce with the one executed originals of the Grant Agreement; and iv. Exhibit A refers to the entity (or entities, as applicable) required to create and maintain certain full-time new jobs ("New Jobs") to complete the Project as the "Company," the "Employer" and the "Business" (together and hereinafter, the "Business"). The Governmental Unit shall ensure that an authorized representative of each Business executes a Waiver of Confidentiality ("Waiver"), attached as Exhibit G, and shall return the original of any such Waiver to Commerce with the executed originals of the Grant Agreement. The Governmental Unit shall also ensure that any additional Business which becomes involved in the Project after the Grant Agreement is finalized executes a Waiver upon its involvement, the original of which the Governmental Unit shall promptly forward to Commerce. (b). The Governmental Unit shall provide Commerce with any information obtained pursuant to the LBC and allow Commerce to execute any rights of the Governmental Unit under the LBC, including the Governmental Unit's rights of access, review or monitoring and Commerce's rights as a third -party beneficiary thereunder. (c). The Governmental Unit shall exercise all of its rights and duties under the LBC in a prudent and timely manner to ensure the use of the Grant funds for the intended purposes and objectives and to preserve the rights of Commerce in this Grant Agreement and the LBC. (d). The LBC specifies how many New Jobs the Business must create and maintain in the performance of the Project and, if the Business fails to do so, those Grant funds that the Owner must repay to the Governmental Unit for return to Commerce or else repay directly to Commerce, upon request and as directed. If such New Jobs are not created or maintained, then the Governmental Unit shall return to Commerce any Grant funds it has not already disbursed to the Owner, make a timely demand for repayment from the Owner and, if such repayment is not forthcoming, initiate and fully litigate legal proceedings against the Owner to recover such repayment. Rural Economic Development Grant Agreement, Private Owner BUILDING REUSE PROGRAM 2017-099-3201-2587 (e). Without limitation, failure by the Governmental Unit to timely demand repayment from and, if necessary, initiate and fully litigate such legal proceedings against the Owner may affect the future consideration of the Governmental Unit for grant programs administered by Commerce. Further, and without limitation, if the Governmental Unit fails to timely initiate legal proceedings against the Owner for such repayment and Commerce elects to do so instead, the Governmental Unit is responsible and agrees to reimburse Commerce for all litigation costs and reasonable attorneys' fees that Commerce incurs in pursuing repayment. 2. Changes in the Project or Other Conditions. (a). A "Project Change" is any material alteration, addition, deletion or expansion of the Project, including (without limitation) material changes to construction or rehabilitation, the terms or conditions of the loan under the LBC ("Loan"), the required number of New Jobs, the matching investment in the Project, any cessation of business by the Owner or any Business and any filing of bankruptcy by the Governmental Unit, the Owner or any Business. There shall be no Project Changes unless expressly approved of by Commerce in a separate, prior written agreement stating, if applicable, the costs and schedule for completing the Project Change. Notwithstanding the foregoing and wherever referred to in this Grant Agreement, "cessation of business," "ceasing to do business" and "ceases to do business" shall not include (1) ceasing operations to maintain, service or upgrade real or personal property of the Owner, (2) seasonal shutdowns of operations as long as such cessation do not exceed a total of four (4) weeks in any calendar year (excluding time attributable to an event of force majeure as described below) and (3) under the circumstances of for the period of time described in Paragraph 17 below. (b). Additionally, the Governmental Unit shall immediately notify Commerce of any change in conditions or local law, or any other event, which may significantly affect its ability to oversee, administer or perform this Grant Agreement, the LBC or the Project. In its sole and unreviewable discretion, Commerce may deem such a change in conditions, local law or other event to constitute a Project Change. Term of Grant Agreement. The effective period of this Grant Agreement shall commence on 12/15/2016 ("Effective Date") and shall terminate on 12/15/2018 unless terminated on an earlier date under the terms of this Grant Agreement (either one of which dates shall constitute the "Termination Date") or unless extended for an express term in writing by the Governmental Unit. 4. Funding. The Rural Authority grants to the Governmental Unit an amount not to exceed $25,000.00 for expenditures directly relating to the Project. The Governmental Unit hereby represents and warrants that all Grant funds shall be utilized exclusively for the purpose of the Project and consistent with all applicable laws, rules, regulations and requirements, and that the Governmental Unit shall not make or approve of any improper expenditure of Grant funds (including Loan funds). Administrative expenses of the Governmental Unit Rural Economic Development Grant Agreement, Private Owner BUILDING REUSE PROGRAM 2017-099-3201-2587 are not eligible for Grant funding and any such use of Grant funds will violate this Grant Agreement. Independent Status of the Governmental Unit. (a). The Governmental Unit is an entity independent from the Rural Authority and Commerce. The Grant Agreement, the LBC, the Project and any actions taken pursuant to them shall not be deemed to create a partnership or joint venture between or among Commerce, the Rural Authority, the Governmental Unit or any third party (including, without limitation, the Owner or any Business). Nor shall the Grant Agreement, the LBC or the Project be construed to make the Governmental Unit (including its employees, agents, members or officials) or any third party (including, without limitation, the Owner or any Business) employees, agents, members or officials of Commerce or the Rural Authority. Neither the Governmental Unit nor any third party (including, without limitation, the Owner or any Business) shall have the ability to bind Commerce or the Rural Authority to any agreement for payment of goods or services or represent to any person that they have such ability. (b). The Governmental Unit shall be responsible for payment of all of its expenses, including rent, office expenses and all forms of compensation to employees. The Governmental Unit shall provide worker's compensation insurance to the extent required for its operations and shall accept full responsibility for payments of unemployment tax or compensation, social security, income taxes, and any other charges, taxes or payroll deductions required by law in connection with its operations, for itself and its employees who are performing work pursuant to this Grant Agreement. All expenses incurred by the Governmental Unit are its sole responsibility, and neither Commerce nor the Rural Authority shall be liable for the payment of any obligations incurred in the performance of the Project. 6. Method of Payment. Commerce shall pay the Grant funds to the Governmental Unit in accordance with the Payment Schedule attached hereto as Exhibit B after receipt of written requests for payment from the Governmental Unit certifying that the conditions for such payment under this Grant Agreement have been met and that the Governmental Unit is entitled to receive the amount so requested and any other documentation that may be required by Commerce. Obligation of Funds. The Governmental Unit shall not obligate Grant funds prior to the Effective Date or subsequent to the Termination Date of this Grant Agreement. All obligations outstanding as of the Termination Date shall be liquidated within thirty days. Project Records. (a). The Governmental Unit shall maintain full, accurate and verifiable financial records, supporting documents and all other pertinent data for the Project in such a manner as to clearly identify and document the expenditure of the State funds provided under this Grant Agreement separate from accounts for other awards, monetary Rural Economic Development Grant Agreement, Private Owner BUILDING REUSE PROGRAM 2017-099-3201-2587 contributions or other revenue sources for this Project. (b). The Governmental Unit shall retain all financial records, supporting documents and all other pertinent records related to the Project for a period of five (5) years from the Termination Date. In the event such records are audited, all Project records shall be retained beyond the five-year period until the audit is concluded and any and all audit findings have been resolved. 9. Monitoring, Reports and Auditing. (a). The Governmental Unit agrees to ensure compliance and provide its assistance with such monitoring and auditing requirements as the State may request, including following the Termination Date of this Grant Agreement. Additionally, the Governmental Unit shall regularly monitor all performance under Grant -supported activities, including activities performed by the Owner and any Business, to ensure that time schedules are being met, New Jobs are being created and maintained and other performance goals are being achieved. (b). The Governmental Unit shall furnish Commerce detailed written progress reports according to the time periods specified in Exhibit C or as otherwise requested by Commerce. Such reports should describe the progress made by the Governmental Unit, the Owner and any Business toward achieving the purpose(s) of the Project, including specifically the goals of New Job creation and maintenance. Such descriptions should include the successes and problems encountered during the reporting period. Failure to submit a required report by the scheduled submission date will result in the withholding of any forthcoming payment until Commerce is in receipt of the delinquent report and the report meets with Commerce's approval, in Commerce's sole discretion. (c). The Governmental Unit acknowledges and agrees that, with regard to the Grant funds, it will be subject to the audit and reporting requirements prescribed by N.C.G.S § 159-34, Local Government Finance Act - Annual Independent Audit; rules and regulations. Such audit and reporting requirements may vary depending upon the amount and source of Grant funding received by the Governmental Unit and are subject to change from time to time. Upon completion, the Governmental Unit shall forward to Commerce one copy of any audited financial statements and accompanying reports generated covering the period between the Effective Date and Termination Date of this Grant Agreement. (d). Within thirty (30) days after the Termination Date, the Governmental Unit shall submit a final report to Commerce describing the activities and accomplishments of the Project. The final report shall include a review of performance and activities over the entire Project period. In the final report, the Governmental Unit should describe the Project, how it was implemented, to what degree the established Project objectives were met and the difficulties encountered, what the Project changed and its cost. (e). The Governmental Unit grants the State and any of its related agencies, commissions or departments (including, without limitation, Commerce, the North Carolina State Rural Economic Development Grant Agreement, Private Owner BUILDING REUSE PROGRAM 2017-099-3201-2587 Auditor and the North Carolina Office of State Budget and Management) and any of their authorized representatives, at all reasonable times and as often as necessary (including after the Termination Date), access to and the right to inspect, copy, monitor, and examine all of the books, papers, records and other documents relating to the Grant Agreement, the LBC or the Project. Likewise, the Governmental Unit shall ensure that the Owner and any Business provide the same access. In addition, the Governmental Unit agrees to comply at any time, including after the Termination Date, with any requests by the State (including, without limitation, the Rural Authority or Commerce) for other financial and organizational materials to permit the State to comply with its fiscal monitoring responsibilities or to evaluate the short- and long-range impact of its programs. 10. Termination; Availability of Funds. (a). If the Governmental Unit fails to fulfill in a timely and proper manner its obligations or violates any of the covenants or stipulations under this Agreement, if the Owner fails to fulfill in a timely and proper manner its obligations or violates any of its covenants or stipulations under the LBC or if any Business fails to fulfill those requirements applicable to it in the LBC, the Governmental Unit agrees that Commerce has the right to terminate this Grant Agreement and/or the LBC by giving, as applicable, the Governmental Unit or the Governmental Unit and the Owner written notice specifying the Termination Date, which Commerce may determine in its sole discretion. Upon such termination, Commerce shall have no responsibility to make additional Grant payments. Upon such termination, the Governmental Unit shall not expend any Grant funds (including Loan funds) without Commerce's express written authorization and shall return all unspent Grant funds to Commerce upon demand. (b). The obligations of the Rural Authority and/or Commerce to pay any amounts under this Grant Agreement are contingent upon the availability and continuation of funds for such purpose. If funds for the Grant (and therefore the Loan) become unavailable, the Governmental Unit agrees that Commerce has the right to terminate this Grant Agreement and/or the LBC by giving written notice specifying the Termination Date, which Commerce shall determine in its sole discretion. Upon such termination, the State shall have no responsibility to make additional Grant payments. Further, upon such termination, the Governmental Unit shall not expend any Grant funds (including Loan funds) without Commerce's express written authorization and shall return all unspent Grant funds to Commerce upon demand. 11. Liabilities and Loss. The Governmental Unit hereby agrees to release, indemnify and hold harmless the State (including, without limitation, the Rural Authority and Commerce), and their respective members, officers, directors, employees, agents and attorneys (together, the "Indemnified Parties"), from any claims of third parties (including, without limitation, the Owner and the Business) arising out of any act or omission of the Governmental Unit or any third party (including, without limitation, the Owner and the Business) in connection Rural Economic Development Grant Agreement, Private Owner BUILDING REUSE PROGRAM 2017-099-3201-2557 with the performance of this Grant Agreement, the LBC or the Project, and for all losses arising from their implementation. Without limiting the foregoing, the Governmental Unit hereby releases the Indemnified Parties from, and agrees that such Indemnified Parties are not liable for, and agrees to indemnify and hold harmless the Indemnified Parties against, any and all liability or loss, cost or expense, including, without limitation, reasonable attorneys' fees, fines, penalties and civil judgments, resulting from or arising out of or in connection with or pertaining to, any loss or damage to property or any injury to or death of any person occurring in connection with the Project, or resulting from any defect in the fixtures, machinery, equipment or other property used in connection with the Project or arising out of, pertaining to, or having any connection with, the Project or the financing thereof (whether arising out of acts, omissions, or negligence of the Governmental Unit or of any third party (including, without limitation, the Owner and the Business), or of any of their agents, contractors, servants, employees, licensees, lessees, or assignees), including any claims and losses accruing to or resulting from any and all subcontractors, material men, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the Project. 12. Governmental Unit Representations and Warranties. The Governmental Unit hereby represents and warrants that: (a). The execution and delivery of this Grant Agreement have been duly authorized by all necessary Governmental Unit action and are not in contravention of law or in contravention of the provisions of any indenture agreement or undertaking to which the Governmental Unit is a party or by which it is bound. (b). There is no action, suit proceeding, or investigation at law or in equity or before any court, public board or body pending, or to the knowledge of the Governmental Unit, threatened against or affecting it, the Owner or the Business, that could or might adversely affect the Project or any of the transactions contemplated by this Grant Agreement or the validity or enforceability of this Grant Agreement or the abilities of the Governmental Unit or the Owner to discharge their obligations under this Grant Agreement. If it is subsequently found that an action, suit, proceeding, or investigation did or could threaten or affect the development of the Project, the Governmental Unit shall be liable to Commerce for repayment of the entire amount of the Grant and this Grant Agreement may be terminated by Commerce effective upon notice. (c). No consent or approval is necessary from any governmental authority as a condition to the execution and delivery of this Grant Agreement by the Governmental Unit or the performance of any of its obligations hereunder, or all such requisite governmental consents or approvals have been obtained. The Governmental Unit shall provide Commerce with evidence of the existence of any such necessary consents or approvals at the time of the execution of this Grant Agreement. (d). The Governmental Unit is solvent. (e). A cash match grant, loan or other funding ("Cash Match") equal to the amount of the Loan shall have been unconditionally committed to the Project. The Governmental Rural Economic Development Grant Agreement, Private Owner BUILDING REUSE PROGRAM 2017-099-3201-2587 Unit shall have procured and contributed at least five percent (5%) of this Cash Match, but no part of this 5% contribution can have derived, either directly or indirectly, from any other State or federal source. All Cash Match funds shall be utilized exclusively for the purpose of the Project, and there shall be no improper expenditures of Cash Match funds. All Cash Match funds shall be expended prior to or simultaneously with and at the same rate as the Owner's expenditure of Loan funds. (f). Upon the Governmental Unit's reasonable inquiry of and receipt of supporting evidence from the Owner, both the Owner and any Business are duly authorized to do business under North Carolina law and are not delinquent on any federal, state or local taxes, licenses or fees. 13. Cessation/Termination, Bankruptcy, Dissolution or Insolvency. (a). Under the LBC, the Owner agrees at all times to preserve its legal existence, except that it may merge or consolidate with or into, or sell all or substantially all of its assets to, any entity that expressly undertakes, assumes for itself and agrees in writing to be bound by all of the obligations and undertakings of the Owner contained in the LBC. If the Owner so merges, consolidates or sells its assets without such an undertaking being provided, it agrees in the LBC to repay to the Governmental Unit or Commerce, upon request and as directed, all unspent Loan funds. Further, a merger, consolidation or sale without such an undertaking shall constitute a material default under the LBC, and the Governmental Unit or Commerce may terminate the LBC upon written notice to the Owner and hold the Owner liable for any other repayment provided for under the LBC. (b). Other than as provided for in Paragraph 13(a) above, if the Owner or any Business ceases to do business or becomes the subject of any bankruptcy, dissolution or insolvency proceeding prior to the Termination Date, it shall be the sole responsibility of the Governmental Unit to (i) immediately notify Commerce and (ii) pursue any claim for Grant funds owed the State by the Owner or Business, including in any legal proceeding, to obtain the maximum payment allowed by law. To the extent the Governmental Unit fails to pursue repayment of the Grant funds in such a proceeding and obtain the maximum payment allowed by law, and without limitation, the Governmental Unit shall be liable to Commerce for all amounts that should have been awarded to the Unit in the proceeding if it had taken the necessary action (notwithstanding whether such amounts would have actually been paid by the Owner or Business). Alternatively, without limitation, if the Governmental Unit fails to pursue repayment of the Grant funds in such a proceeding and Commerce elects to do so instead, the Governmental Unit is responsible and agrees to reimburse Commerce for all legal costs and reasonable attorneys' fees that Commerce incurs in pursuing repayment. (c). If the Governmental Unit fails to provide Commerce notice of the Owner or any Business ceasing to do business or becoming the subject of any bankruptcy, dissolution or insolvency proceeding prior to the Termination Date, it shall constitute Rural Economic Development Grant Agreement, Private Owner BUILDING REUSE PROGRAM 2017-099-3201-2587 a material default under this Grant Agreement. If there is such a cessation or such a proceeding, Commerce may terminate the Grant Agreement upon written notice to the Governmental Unit. If there is such a cessation or such a proceeding, the Governmental Unit agrees that Commerce has the right to terminate this Grant Agreement and/or the LBC by giving, as applicable, the Governmental Unit or the Governmental Unit and the Owner written notice specifying the Termination Date, which Commerce may determine in its sole discretion. Upon such termination, the Governmental Unit, the Owner and any Business shall not expend any Grant or Loan funds without Commerce's express written authorization and shall return all unspent Grant or Loan funds to Commerce upon demand and if permissible under applicable bankruptcy, dissolution or insolvency law. 14. Additional Repayment Requirements and Remedies. (a). The repayment requirements and remedies addressed in this Paragraph 14 are in addition to those repayment requirements and other remedies set forth elsewhere in this Grant Agreement, including the requirements to repay unspent Grant funds. No remedy conferred or reserved by or to the State is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy provided for in this Grant Agreement, or now or hereinafter existing at law, in equity, or by statute, and any such right or power may be exercised from time to time and as often as may be deemed expedient. (b). If there is a breach of any of the requirements, covenants or agreements in this Grant Agreement or the LBC, or if there are any representations or warranties which are untrue as to a material fact in this Grant Agreement, the LBC or in relation to the LBC or the Project (including the performance thereof), the Governmental Unit agrees that Commerce has the sole discretion to require repayment from the Governmental Unit of an amount of Grant funds to be determined in Commerce's sole discretion but not to exceed the amount of Grant funds the Governmental Unit has already received under this Grant Agreement. Such requirements, covenants or agreements include but are not limited to Paragraphs 1, 2(a), 4, 10(a), 12 and 13 of this Grant Agreement and include but are not limited to the creation and retention of the New Jobs and the retention of the Baseline Number of jobs under the LBC. 15. No Waiver by the State. Failure of the State (including, without limitation, the Rural Authority and Commerce) at any time to require performance of any term or provision of this Grant Agreement or the LBC shall in no manner affect the rights of the State at a later date to enforce the same or to enforce any future compliance with or performance of any of the terms or provisions hereof. No waiver of the State of any condition or the breach of any term, provision or representation contained in this Grant Agreement or the LBC, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of that or any other term, provision or representation. Rural Economic Development Grant Agreement, Private Owner BUILDING REUSE PROGRAM 2017-099-3201-2587 16. Waiver of Objections to Timeliness of Legal Action. The Governmental Unit knowingly waives any objections it has or may have to timeliness of any legal action (including any administrative petition or civil action) by the State (including, without limitation, the Rural Authority or Commerce) to enforce its rights under this Grant Agreement. This waiver includes any objections the Governmental Unit may possess based on the statutes of limitations or repose and the doctrines of estoppel or laches. 17. Force Majeure. If (a) during the term of this Grant the real or personal property located on or constituting the Property suffers damage or destruction caused by acts of God, fires, floods, storms, insurrection, riots, acts of the public enemy, national catastrophe, or similar unexpected events, (b) such damage or destruction was not principally caused by the negligence, willful misconduct or violation of applicable law by the Owner, (c) the Owner uses reasonable efforts to repair, or to work around, such damage or destruction reasonably promptly, and (d) as a direct result of such damage or destruction the Owner cannot satisfy the requirements and obligations of Sections 3 of the LBC as and when the LBC requires, then the Owner will be entitled to an extension of time not to exceed sixty (60) days to satisfy the requirements and obligations of Section 3 of the LBC; provided that the Governmental Unit in its sole discretion with respect to the obligations it is owed by the Owner, may elect to extend that sixty day period to give the Owner additional time to satisfy those requirements. 18. Special Provisions and Conditions. (a). Non-discrimination. The Governmental Unit agrees not to discriminate by reason of age, race, religion, color, sex, national origin or disability related to the activities of this Grant Agreement. (b). Conflict of Interest. The Governmental Unit shall forward to Commerce along with the executed copies of this Grant Agreement a copy of its policy and any ordinance or resolution it has adopted addressing conflicts of interest that may arise involving the members of the Governmental Unit's governing body and/or any of its employees or officers involved in the Grant, the LBC or the Project. Such policy, ordinance or resolution shall address situations in which any of these individuals may directly or indirectly benefit, other than through receipt of their normal compensation in their capacities as the Governmental Unit's employees, officers or members of its governing body, from the Grant, the LBC or Project, and shall include actions to be taken by the Unit or the individual, or both, to avoid conflicts of interest and the appearance of impropriety. Additionally, the Governmental Unit certifies that, as of the date it executes this Grant Agreement, no such individuals have such a conflict of interest or will directly or indirectly benefit, except in the capacities described above, from the Grant, LBC or Project. Throughout the duration of this Grant Agreement, the LBC and the Project, the Governmental Unit has the duty to promptly inform Commerce of any such conflict of interest or direct or indirect benefit of which it becomes aware. 10 Rural Economic Development Grant Agreement, Private Owner BUILDING REUSE PROGRAM 2017-099-3201-2587 (c). Compliance with Laws. The Governmental Unit shall at all times observe and comply with all laws, regulations, codes, rules, ordinances and other requirements (together, "Laws") of the state, federal and local governments which may in any manner affect the performance of the Grant Agreement, the LBC or the Project. (d). Non-Assi nubility. The Governmental Unit shall not assign or transfer any interest in the Agreement without the prior written consent of Commerce; provided, however, that claims for money due to Governmental Unit from Commerce under this Agreement may be assigned to any commercial bank or other financial institution without such approval. (e). Personnel. The Governmental Unit represents that it has, or will secure at its own expense, all personnel required to monitor, carry out and perform the scope of services of this Agreement. Such employees shall not be employees of Commerce. Such personnel shall be fully qualified and shall be authorized under state and local law to perform such services. 19. Notice. All notices required or permitted to be delivered hereunder and all communications in respect hereof shall be in writing and shall be deemed given when personally delivered or when deposited in the United States mails, certified, return receipt requested, first class, postage prepaid and addressed as follows: If to the Rural Authority or Commerce: If to the Governmental Unit: Attn: Hazel Edmond North Carolina Department of Commerce Rural Economic Development Division 301 North Wilmington Street 4346 Mail Service Center Raleigh, North Carolina 27699-4346 Attn: The Honorable Oscar N. Harris City of Dunn PO Box 1065 Dunn, NC 28335-1065 or addressed to such other address or to the attention of such other individual as Commerce or the Governmental Unit shall have specified in a notice delivered pursuant to this subsection. 11 Rural Economic Development Grant Agreement, Private Owner BUILDING REUSE PROGRAM 2017-099-3201-2587 20. Entire Agreement. This Grant Agreement supersedes all prior agreements between or among the Rural Authority and/or Commerce and the Governmental Unit with regard to the Project and expresses their entire understanding with respect to the transactions contemplated herein, and shall not be amended, modified or altered except pursuant to a writing signed by both Commerce and the Governmental Unit. 21. Execution. This Grant Agreement may be executed in one or more counterparts, each of which, when executed, shall be deemed an original, and such counterparts, together, shall constitute one and the same Grant Agreement which shall be sufficiently evidenced by one of such original counterparts. 22. Construction. This Grant Agreement shall be construed and governed by the laws of the State of North Carolina. 23. Severability. Each provision of this Grant Agreement is intended to be severable and, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect or impair any other provision of this Grant Agreement, but this Grant Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein. 12 Rural Economic Development Grant Agreement, Private Owner BUILDING REUSE PROGRAM 2017-099-3201-2587 24. Acceptance. If the Governmental Unit agrees to the Grant conditions as stated, please return the executed documents specified in Paragraph 1(a). This Grant may be withdrawn if Commerce has not received such documents within thirty (30) days from the date of the cover letter from Commerce to the Governmental accompanying this Grant Agreement and its Exhibits. IN WITNESSETH WHEREOF, the parties hereto have executed this Grant Agreement as of the date first above written. City of Dunn Signature: Printed Name: Title: Date: North Carolina Department of Commerce Signature: Printed Name: Susan Fleetwood Title: Executive Director of Economic Development Date: ,�Ivj 1 1 13 BUILDING REUSE PROGRAM - Vacant 2017-099-3201-2587 City of Dunn The Organic Butcher Shop Project EXHIBIT A SCOPE OF PROJECT Summarv: The City of Dunn requests assistance to support the reuse of an 1,848 sq. ft. building located at 219 E. Broad Street. The building was constructed in 1926, The Organic Butcher Shop is a start-up, family owned farm. The owners are first -generation farmers who plan to retail fresh certified and non -certified organic beef, pork, and chicken. The company offer delivery services with a 60-mile radius and will offer their products through web -based sales. Renovations include HVAC, roofing, plumbing, electrical, and flooring. EXHIBIT B PAYMENTSCHEDULE Eligible Expenditures: Vacant Building Category: within the existine building footprint Existing Business Building Category: within the existing building and/or additions Rural Health Care Category: within the existine building, additions and/or new construction Eligible costs under all funding categories include, but are not limited to: materials and labor to install HVAC, electrical, plumbing, fire alarm/suppression systems, roofing, flooring, carpentry, drywall, paint, etc. This is not an exhaustive list; grantees should contact the Rural Development Division for questions about whether a specific expense is eligible under the program. The following costs are specifically prohibited under the program and may not be submitted for reimbursement or the matching funds requirement: building purchase, architectural costs, engineering costs, permit fees, surveys, legal fees, machinery & equipment, telephone hardware and software, computer hardware and software, furnishings, paving, fencing, kitchen equipment, refrigeration equipment, etc. This is not an exhaustive list; grantees should contact the Rural Development Division for questions about whether a specific expense is eligible under the program. Any company in which any project partner has an ownership or management interest in may act as a contractor for the renovation project only if the company holds a valid NC General Contractors license. The relationship must have been disclosed to the Rural Development Division and a copy of the company's license must have been included in the application. Licensed contracting companies owned or operated by any project partner that are used in the renovation project will be required to submit original invoices from the provider for all labor, materials, services and subcontracted work plus proof that those invoices have been paid in full. Reimbursement Requirements: The Department of Commerce will reimburse 50% of eligible expenditures up to the total grant amount upon receipt of the following: 1. A completed financial request form, 2. Evidence that the 5% local government match has been satisfied (first payment request), 3. Copies of eligible project invoices that support the request amount, 4. Evidence that the invoices submitted for reimbursement have been paid -in -full. Evidence may include copies cleared checks, wire transfer or ACH receipts, and/or credit card receipts. Invoices paid with cash and those not paid in full will not be reimbursed, and 5. Satisfaction of reporting requirements according to Exhibit C below. Eligible expenditures may not be incurred prior to the effective date or subsequent to the termination date of the grant. Payments are subject to the availability of funds. BUILDING REUSE PROGRAM - Vacant 2017-099-3201-2587 City of Dunn The Organic Butcher Shop Project EXHIBIT C REPORTING SCHEDULE Progress reports are due on January 15" and July 15" for each year that the grant remains open. The final report and job verification documentation are due at the time of project completion or no later than 30 days after the grant end -date, whichever is sooner. The reporting schedule remains in effect for the duration of the grant including time extensions. Failure to submit progress reports as required: 1. Will result in non-payment of payment requests, 2. Can result in the immediate termination of the grant, 3. Can result in the demand for immediate repayment of any funds paid by The Department of Commerce, and 4. Will negatively impact the grantee's eligibility for future Commerce grants. EXHIBIT D JOB VERIFICATION AND CLOSE OUT REQUIREMENTS Building Reuse and Rural Health Care loans are eligible for forgiveness once the creation and maintenance of the full-time jobs committed for the project, as well as, all reporting requirements are approved by Commerce. Below are the requirements and procedure for approval. Job Verification To be considered eligible, a full-time job must be filled with one employee who works at least 35 hours per week and is paid at least minimum wage. Part-time, full-time equivalents, or contract/consulting positions are not eligible. Grantees should submit the following as evidence of job creation and maintenance: 1. Job Certification Form —both the grantee and the participating business are required to complete respective sections of this form that attests to the creation of the number of jobs full-time jobs committed to receive the grant. The form must be signed by the authorized representatives of the local government grantee and the participating business. 2. NCUI 101 Forms —The grantee should submit copies of each company's Employer's Quarterly Tax and Wage Report (NCUI 101 forms) that have been submitted to the North Carolina Employment Security Commission according to the requirements below. • NCUI 101 Forms should be submitted to Commerce. • The forms must include the appropriate number of quarters to show that the company maintained the required employment level for six -consecutive months. • The employment level reported must meet or exceed the baseline number of employees reported at the time of the application plus the number of new, full-time jobs committed for the grant. • The jobs created and the baseline must be maintained concurrently during the same six-month period. • If the NCUI 101 forms include employees from other locations in North Carolina, the names of the employees working in the grant funded project facility should be highlighted, and a multi -site report should be provided. • If the NCUI 101 forms include both full and part-time employees an "f' should be written next to the name of each full-time employee and a "p" should be written next to the name of each part-time employee. 3. Final Report —the grantee must submit the Final Report Form that describes the activities and outcomes of the project. 4. Photos —the grantee must submit digital photos on CD that show a variety of views of the completed project. All reporting and job verification forms can be found on the Commerce website at http://www.necommerce.com/rd/rural-grants- proprams/forms. Email completed forms and reports to rgpreportsOnccommerce.com . Rural Economic Development Loan Agreement and EXHIBIT E Legally Binding Commitment, Private Owner BUILDING REUSE PROGRAM 2017-099-3201-2587 (the "Governmental Unit") enters into this Loan Agreement and Legally Binding Commitment (the "LBC," including the "Loan," defined below with (the "Owner" and, together with the Governmental Unit, the "Parties" WHEREAS, pursuant to N.C.G.S. §§143B-472.127 and .128, the North Carolina Rural Infrastructure Authority (the "Rural Authority") of the State of North Carolina ("State") has awarded a grant (the "Grant") to the Governmental Unit, and the North Carolina Department of Commerce ("Commerce"), an agency of the State, will administer the Grant; and WHEREAS, the Grant is memorialized in an agreement (the "Grant Agreement") between Commerce and the Governmental Unit, and the Grant Agreement includes Exhibit A (Scope of Project), Exhibit B (Payment Schedule), Exhibit C (Reporting Schedule), Exhibit D (Closeout Schedule/Job Requirements), Exhibit E (this LBC, which incorporates by reference the Grant Agreement and its other Exhibits), Exhibit F (Promissory Note) and Exhibit G (Waiver of Confidentiality ("Waiver")); and WHEREAS, without limitation, the Rural Authority awarded the Grant: (1) based on the application filed by the Governmental Unit and any subsequent materials supporting the application that have been approved of by Commerce in writing, all of which are incorporated into the Grant Agreement by reference; (2) based on the representation in the application that the Owner owns certain real property located at: in County, North Carolina (the "Property"); (3) based on Commerce's Grant requirements and guidelines, which are incorporated herein and which may be amended, modified or supplemented and applied accordingly to the Grant Agreement and this LBC by Commerce in its sole discretion; and for (4) the creation and retention of certain jobs in the course of completing certain renovations/construction work at the Property (altogether, the "Project," as summarized in Exhibit A to this Grant Agreement); and WHEREAS, the Governmental Unit and the Owner are required to enter into this LBC as a condition of the Governmental Unit loaning the Grant funds to the Owner. NOW, THEREFORE, in consideration of the mutual promises and such other valuable consideration set out herein, the Parties mutually agree to the following terms and conditions: Rural Economic Development Loan Agreement and EXHIBIT E Legally Binding Commitment, Private Owner BUILDING REUSE PROGRAM 2017-099-3201-2587 1. Third -Party Beneficiary. The Parties agree that the State (including, without limitation, Commerce and the Rural Authority) is an intended third -party beneficiary of this LBC (including the Loan) and may, at its option, enforce the terms of this LBC or appear as a party in any litigation concerning the LBC. 2. Loan. (a) The Governmental Unit hereby loans to the Owner the sum of $25,000.00 (the "Loan"), which consists entirely of State Grant funds, to fund the Project. Exhibit A to the Grant Agreement refers to the entity (or entities, as applicable) required to create and maintain certain full-time new jobs, as defined in Paragraph 3(a), to complete the Project under this LBC as the "Company," the "Employer" and the "Business" (together and hereinafter, the "Business"). The Owner specifically acknowledges that: it must repay the Loan in accordance with the terms of this LBC if the Business does not create and maintain the new jobs required by Paragraph 3(a) below; and as evidence of its obligation to repay the Loan, the Owner has executed the Promissory Note, Exhibit F to the Grant Agreement, which the Owner represents, acknowledges and agrees has been signed by every individual or entity that has any ownership interest in the Property and is fully binding on the Owner. (b). As conditions of receiving the Loan: i. The highest elected official of the Governmental Unit and a duly authorized representative of the Owner shall execute two originals of the LBC in its exact form (unless Commerce approves of a change to its terms in writing), and the Governmental Unit shall return one such original to Commerce; ii. Every individual or entity that has any ownership interest in the Property shall execute two originals of the Promissory Note in its exact form, and the Governmental Unit shall return one such original to Commerce; and iii. The Owner and the Governmental Unit shall ensure that an authorized representative of each Business executes a Waiver, Exhibit G to the Grant Agreement, and the Governmental Unit shall forward the original of any such Waiver to Commerce. (c). The Owner hereby represents and warrants that all Loan funds shall be utilized exclusively for the purpose of the Project and that it shall not make or approve of any improper expenditures of Loan funds. 3. New Job Creation, Maintenance of New Jobs and Baseline Number of Jobs and Verification. (a). New Job Creation and Maintenance of New Jobs and Baseline Number of Jobs. A "New Job" shall mean a full-time job (consisting of at least 35 hours per week of employment and eligibility for all benefits generally available for full-time employees of the Business) which is with the Business, is located in North Carolina, has a wage at least equal to the minimum wage, is created and maintained by the Business in order to complete the Project and is over and above the 0 full-time jobs in North Carolina ("Baseline Number") that the Business reported having at the time of the application for the Project. The Owner agrees that the Business shall be required to create and maintain in existence for six (6) consecutive months 5 New Jobs prior to the Termination Date, unless this term is extended pursuant to Paragraph 5. Separate and apart from these New Jobs, the Owner agrees that the Business shall be required Rural Economic Development Loan Agreement and EXHIBIT E Legally Binding Commitment, Private Owner BUILDING REUSE PROGRAM 2017-099-3201-2587 to maintain in existence its Baseline Number of jobs for as long as it takes the Business to create and maintain its required number of New Jobs. (b). Verification. When the New Jobs required by Paragraph 3(a) have been created and maintained for six (6) consecutive months, the Owner shall notify the Governmental Unit so that it and/or Commerce can verify their creation and maintenance, as well as the maintenance of the Baseline Number of jobs and the satisfaction of all other conditions and terms of this LBC and the Project. The Owner shall cause any Business to provide to the Governmental Unit and Commerce, or their respective designees, full and complete access to all records of the Business necessary to verify the number and types of jobs created and maintained, the wages paid to employees and all other conditions and terms of this LBC and the Project. Failure of any Business to provide such access upon request shall constitute a material default by the Owner under the terms of this LBC and, in the sole discretion of the Governmental Unit and/or Commerce, may subject the Owner to repayment in an amount calculated under Paragraph 13 below. 4. Changes in the Project or Other Conditions. (a). A "Project Change" is any material alteration, addition, deletion or expansion of the Project, including (without limitation) material changes to construction or rehabilitation, the terms or conditions of the loan under the LBC, the required number of New Jobs, the matching investment in the Project, any cessation of business by the Owner or any Business and any filing of bankruptcy by the Owner or any Business. There shall be no Project Changes unless expressly approved of by Commerce and the Governmental Unit in a separate, prior written agreement stating, if applicable, the costs and schedule for completing the Project Change. (b). Additionally, the Owner shall immediately notify the Governmental Unit of any change in conditions or local law, or any other event, which may significantly affect the ability of it or any Business to perform the LBC or the Project. In their sole discretion, the Governmental Unit or Commerce may deem such a change in conditions, local law or other event to constitute a Project Change. 5. Tenn of LBC. The effective period of this LBC shall commence 12/15/2016 ("Effective Date") and shall terminate 12/15/2018 unless terminated on an earlier date under the terms of this LBC (either one of which dates shall constitute the "Termination Date") or unless extended for an express term in writing by the Governmental Unit. 6. Independent Status of the Governmental Unit. (a). The State (including, without limitation, the Rural Authority and Commerce) and the Governmental Unit are independent entities from one another and from the Owner and any third party (including, without limitation, any Business). The Grant Agreement, the LBC, the Project and any actions taken pursuant to them shall not be deemed to create a partnership or joint venture between the State and the Governmental Unit or between or among either of them and the Owner or any third party (including, without limitation, any Business). Nor shall the Grant Agreement, the LBC or the Project be construed to make any employees, agents or members of the Owner or any third party (including, without limitation, any Business) into employees, agents, members or officials of the Governmental Unit or the State or to Rural Economic Development Loan Agreement and EXHIBIT E Legally Binding Commitment, Private Owner BUILDING REUSE PROGRAM 2017-099-3201-2557 make employees, agents, members or officials of the Governmental Unit into employees, agents, members or officials of the State. Neither the Owner nor any third party (including, without limitation, any Business) shall have the ability to bind the Governmental Unit or the State to any agreement for payment of goods or services or represent to any person that they have such ability. Nor shall the Governmental Unit have the ability to bind the State to any agreement for payment of goods or services or represent to any person that it has such ability. (b). The Owner and any third party (including, without limitation, any Business) shall be responsible for payment of all their expenses, including rent, office expenses and all forms of compensation to their employees. The Owner and any third parties (including, without limitation, any Business) shall provide worker's compensation insurance to the extent required for their operations and shall accept full responsibility for payments of unemployment tax or compensation, social security, income taxes, and any other charges, taxes or payroll deductions required by law in connection with their operations, for themselves and their employees who are performing work pursuant to this LBC or the Project. All expenses incurred by the Owner or any third party (including, without limitation, any Business) are their sole responsibilities, and neither the Governmental Unit nor the State (including, without limitation, Commerce and the Rural Authority) shall be liable for the payment of any obligations incurred in the performance of the Project. 7. Project. Records. (a). The Owner shall maintain and cause any Business to maintain full, accurate and verifiable financial records, supporting documents and all other pertinent data for the Project in such a manner as to clearly identify and document the expenditure of the State funds provided under this LBC separate from accounts for other awards, monetary contributions or other revenue sources for this Project. (b). The Owner shall retain and cause any Business to retain all financial records, supporting documents and all other pertinent records related to this LBC, the Loan and the Project for a period of five (5) years from the Termination Date. In the event such records are audited, all such records shall be retained beyond the five-year period until the audit is concluded and any and all audit findings have been resolved. 8. Monitoring, Reports and Auditiin. The Owner agrees to generate and to cause any Business to generate such reports regarding the LBC or the Project as may be requested by the Governmental Unit or the State (including, without limitation, the Rural Authority or Commerce) in such form as they may request, including after the Termination Date. The Owner further grants and shall cause any Business to grant the Governmental Unit or the State (including any of its agencies, commissions or departments such as Commerce, the North Carolina State Auditor and the North Carolina Office of State Budget and Management) and any of their authorized representatives, at all reasonable times and as often as necessary (including after the Termination Date), access to and the right to inspect, copy, monitor and examine all of the books, papers, records and other documents relating to the LBC or the Project. In addition, the Owner agrees to comply and to cause any Business to comply at any time, including after the Termination Date, with any requests by the State (including, without limitation, the Rural Authority or Commerce) for other financial and organizational materials to permit the State to comply with its fiscal Rural Economic Development Loan Agreement and EXHIBIT E Legally Binding Commitment, Private Owner BUILDING REUSE PROGRAM 2017-099-3201-2557 monitoring responsibilities or to evaluate the short- and long-range impact of its programs. Termination; Availability of Funds. (a). If the Owner fails to fulfill in a timely and proper manner its obligations or violates any of its covenants or stipulations under the LBC or if any Business fails to fulfill those requirements applicable to it in the LBC, the Owner agrees that the Governmental Unit or Commerce has the right to terminate the LBC by giving the Owner written notice specifying the Termination Date, which shall be determined by the Governmental Unit or Commerce in their sole discretion. Upon such termination, neither the State nor the Governmental Unit shall have any responsibility to make Loan payments. Further, upon such termination, the Owner shall not expend any Loan funds without the express written authorization of the Governmental Unit and Commerce and shall return all unspent Loan funds to either the Governmental Unit or Commerce, upon request and as directed. (b). If the Governmental Unit fails to fulfill in a timely and proper manner its obligations or violates any of the covenants or stipulations under its Grant Agreement with Commerce, the Owner agrees that Commerce has the right to terminate its Grant Agreement with the Governmental Unit and/or terminate this LBC by giving, as applicable, the Governmental Unit or the Governmental Unit and the Owner written notice specifying the Termination Date, which Commerce may determine in its sole discretion. Upon such termination, neither the State nor the Governmental Unit shall have any responsibility to make Loan payments. Further, upon such termination, the Owner shall not expend any Loan funds without the express written authorization of the Governmental Unit and Commerce and shall return all unspent Loan funds to either the Governmental Unit or Commerce, upon request and as directed. (c). The obligations of the Rural Authority and/or Commerce to pay any Grant funds to the Governmental Unit and for the Governmental Unit to pay any Loan amounts to the Owner under this LBC are contingent upon the availability and continuation of funds for such purpose. If funds for the Grant and therefore the Loan become unavailable, the Owner agrees that either Commerce or the Governmental Unit has the right to terminate this LBC by giving written notice specifying the Termination Date, which either the Governmental Unit or Commerce may determine in their sole discretion. Upon such termination, neither the State nor the Governmental Unit shall have any responsibility to make Loan payments. Further, upon such termination, the Owner shall not expend any Loan funds without the express written authorization of the Governmental Unit and Commerce and shall return all unspent Loan funds to the Governmental Unit or Commerce, upon demand and as directed. 10. Liabilities and Loss. The Owner hereby agrees to release, indemnify and hold harmless the Governmental Unit and the State (including the Rural Authority and Commerce), and their respective members, officers, directors, employees, agents and attorneys (hereinafter collectively referred to as "Indemnified Parties"), from any claims of third parties (including, without limitation, any Business) arising out of any act or omission of the Owner or any third party (including, without limitation, any Business) in connection with the performance of this LBC or the Project, and for all losses arising from implementation of this LBC or the Project. Without limiting the foregoing, the Owner hereby releases the Indemnified Parties from, and agrees that such Indemnified Parties are not liable for, and Rural Economic Development Loan Agreement and EXHIBIT E Legally Binding Commitment, Private Owner BUILDING REUSE PROGRAM 2017-099-3201-2589 agrees to indemnify and hold harmless the Indemnified Parties against, any and all liability or loss, cost or expense, including, without limitation, reasonable attorneys' fees, fines, penalties and civil judgments, resulting from or arising out of or in connection with or pertaining to, any loss or damage to property or any injury to or death of any person occurring in connection with the Project, or resulting from any defect in the fixtures, machinery, equipment or other property used in connection with the Project or arising out of, pertaining to, or having any connection with, the Project or the financing thereof (whether or not arising out of acts, omissions or negligence of the Owner or of any third party (including, without limitation, any Business), or of any of their agents, contractors, servants, employees, licensees, lessees, or assignees), including any claims and losses accruing to or resulting from any and all subcontractors, material men, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the Project. 11. Owner Representations and Warranties. The Owner hereby represents and warrants that: (a). The Owner and every Business are duly authorized to do business under North Carolina law and are not delinquent on any federal, state or local taxes, licenses or fees. (b). This LBC has been entered into and executed on behalf of the Owner by an individual with full actual and apparent authority to bind the Owner to the terms hereto, and the execution and delivery of this LBC have been duly authorized by all necessary action, and are not in contravention of law nor in contravention of any certificate of authority, bylaws or other applicable organizational documents of the Owner, nor are they in contravention of the provisions of any indenture, agreement or undertaking to which the Owner is a party or by which it is bound. (c). The Promissory Note has been executed by every individual or entity that has any ownership interest in the Property and is fully binding on the Owner. (d). There is no action, suit, proceeding or investigation at law or in equity before any court, public board or body pending, or, to the Owner's knowledge, threatened against or affecting the Owner, that could or might adversely affect the Project, the creation of the New Jobs or any of the transactions contemplated by this LBC, or the validity or enforceability of this LBC or the Owner's ability to discharge its obligations under this LBC. (e). Upon the Owner's reasonable inquiry of any Business, there is no action, suit, proceeding or investigation at law or in equity before any court, public board or body pending, threatened against or affecting any Business that could or might adversely affect the Project, the creation of the Jobs or any of the transactions contemplated by this LBC or the validity or enforceability of this LBC or the ability of any Business to create the Jobs specified herein. (f). No consent or approval is necessary from any governmental authority as a condition to the execution and delivery of this LBC by the Owner or the performance of any of its obligations hereunder, or else all such requisite governmental consents or approvals have been obtained. The Owner shall provide the Governmental Unit or Commerce with evidence of the existence of any such necessary consents or approvals at the time of the execution of this LBC. (g). The Owner is solvent and has inquired of and received reasonable evidence from any Business of the solvency of that Business. Rural Economic Development Loan Agreement and EXHIBIT E Legally Binding Commitment, Private Owner BUILDING REUSE PROGRAM 2017-099-3201-2587 (h). A cash match grant, loan or other funding ("Cash Match") equal to the amount of the Loan shall have been unconditionally committed to the Project. The Governmental Unit shall have procured and contributed at least five percent (5%) of this Cash Match, but no part of this 5% contribution can have derived, either directly or indirectly, from any other State or federal source. The Owner hereby represents and warrants that all Cash Match funds shall be utilized exclusively for the purpose of the Project and that it shall not make or approve of improper expenditures of Cash Match funds. The Owner shall expend all Cash Match funds prior to or simultaneously with and at the same rate as its expenditure of Loan funds. 12. Cessation/Termination, Bankruptcy, Dissolution or Insolvency. (a). The Owner shall at all times preserve its legal existence, except that it may merge or consolidate with or into or sell all or substantially all of its assets to any entity that expressly undertakes, assumes for itself and agrees in writing to be bound by all of the obligations and undertakings of the Owner contained in this LBC. If the Owner so merges, consolidates or sells its assets without such an undertaking being provided, it agrees to repay to the Governmental Unit or Commerce, upon request and as directed, all unspent Loan funds. Further, any merger, consolidation or sale without such an undertaking shall constitute a material default under this LBC, and the Governmental Unit or Commerce may terminate the LBC upon written notice to the Owner and hold the Owner liable for any other repayment provided for under this LBC. (b). Other than as provided for in Paragraph 12(a), if the Owner or any Business ceases to do business or becomes the subject of any bankruptcy, dissolution or insolvency proceeding prior to the Termination Date, the Owner shall give the Governmental Unit immediate notice of the event, shall not expend any Loan funds without the express written authorization of the Governmental Unit and shall return all unspent Loan funds to the Governmental Unit or Commerce, upon demand and as directed and if permissible under applicable bankruptcy, dissolution or insolvency law. (c). If the Owner fails to provide the Governmental Unit notice of the Owner or any Business ceasing to do business or becoming the subject of any bankruptcy, dissolution or insolvency proceeding prior to the Termination Date, it shall constitute a material default under this LBC. If there is such a cessation or such a proceeding, the Governmental Unit or Commerce may terminate the LBC upon written notice to the Owner. Upon such termination, the Owner shall not expend any Loan funds without the express written authorization of the Governmental Unit and shall return all unspent Loan funds to the Governmental Unit or Commerce upon demand and as directed and if permissible under applicable bankruptcy, dissolution or insolvency law. d). Notwithstanding the foregoing and wherever referred to in this LBC, "ceases to do business" shall not include (1) ceasing operations to maintain, service or upgrade real or personal property of the Owner, (2) season shutdowns of operations as long as such cessation does not exceed a total of four (4) weeks in any calendar year (excluding time attributable to an event of force majeure as described below) and (3) under the circumstances for the period of time described in Paragraph 22 below. Rural Economic Development Loan Agreement and EXHIBIT E Legally Binding Commitment, Private Owner BUILDING REUSE PROGRAM 2017-099-3201-2587 13. Additional Repayment Requirements and Remedies. (a). The repayment requirements and remedies addressed in this Paragraph 13 are in addition to those repayment requirements and other remedies set forth elsewhere in this LBC, including the requirements to repay unspent Loan funds. No remedy conferred or reserved by or to the State or the Governmental Unit is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy provided for in this LBC, or now or hereinafter existing at law, in equity, or by statute, and any such right or power may be exercised from time to time and as often as may be deemed expedient. (b). The Owner acknowledges that the Grant by the Rural Authority and the Loan by the Governmental Unit are predicated upon the creation and maintenance of the New Jobs and maintenance of the Baseline Number of jobs required by Paragraph 3(a) and that failure to create and/or maintain them will constitute a material default of this LBC. i. If the Business fails to create and maintain such New Jobs, then the Owner shall repay to the Governmental Unit or Commerce, as directed, an amount equal to the product of (i) $5,000.00 (the amount of Loan funds divided by the number of New Jobs required to be created in Paragraph 3(a) and (ii) the number of New Jobs required to be created in Paragraph 3(a), minus the number of New Jobs actually created, above the Baseline Number reported, that have been in existence for six (6) consecutive months. ii. Additionally, in the event that the Business fails to maintain its Baseline Number of jobs as required under Paragraph 3(a), the Business shall lose credit for any qualifying New Jobs under this LBC by the same number of jobs that the Baseline Number is short. For example, if the Baseline Number of jobs falls short by three (3) jobs as of the date the Business has created and maintained all required New Jobs, the number of New Jobs deemed created and maintained shall be reduced by three (3). The amount the Business must repay shall then be calculated in accordance with Paragraph 13(b)i. iii. Either Commerce or the Governmental Unit shall notify the Owner in writing of the amount to be repaid and direct the Owner whether to repay such amount to the Governmental Unit for return to Commerce or repay the amount directly to Commerce. All such amounts shall be due immediately upon demand by the Governmental Unit or Commerce. If not paid within thirty (30) days following demand, the unpaid amount due hereunder and under the Promissory Note shall bear interest at the rate of 10% per annum after demand until paid. Upon default in such payment, the Governmental Unit or Commerce may employ an attorney to enforce their respective rights and remedies, and the Owner hereby agrees to pay the legal costs and reasonable attorneys' fees of the Governmental Unit and Commerce plus all other reasonable expenses incurred by such party in exercising any of its rights and remedies upon such defaults. (c). If there is a breach of any of the requirements, covenants or agreements in this LBC (including, without limitation, a failure to repay the amount required under Paragraph 13 (b) within the time required), or if there are any representations or warranties which are untrue as to a material fact in this LBC or in relation to the LBC or the Project (including the performance thereof), the Owner agrees that the Governmental Unit or Rural Economic Development Loan Agreement and EXHIBIT E Legally Binding Commitment, Private Owner BUILDING REUSE PROGRAM 2017-099-3201-2587 Commerce may require repayment from the Owner of an amount of Loan funds to be determined in their sole discretion but not to exceed the amount of Loan funds the Owner has already received under this LBC. Such requirements, covenants or agreements include but are not limited to Paragraphs 2, 3, 4, 9, 11 and 12 of this LBC. 14. No Waiver by Governmental Unit or the State. Failure of the Governmental Unit or the State (including, without limitation, the Rural Authority and Commerce) at any time to require performance of any term or provision of this LBC shall in no manner affect the rights of the Governmental Unit or the State at a later date to enforce the same or to enforce any future compliance with or performance of any of the terms or provisions hereof. No waiver of the Governmental Unit or the State of any condition or the breach of any term, provision or representation contained in this LBC, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of that or any other term, provision or representation. 15. Waiver of Objections to Timeliness of Legal Action. The Owner knowingly waives any objections it has or may have to timeliness of any legal action (including any administrative petition or civil action) by the Governmental Unit or the State (including Commerce) to enforce their rights under this LBC. This waiver includes any objections the Owner may possess based on the statutes of limitations or repose and the doctrines of estoppel or laches. 16. Special Provisions and Conditions. (a). Nondiscrimination. The Owner agrees that it will not, and will ensure that the Business will not, discriminate by reason of age, race, religion, color, sex, national origin or disability related to the activities of this LBC or the Project. (b). Compliance with Laws. The Owner shall at all times, and shall cause any Business at all times to, observe and comply with all laws, regulations, codes, rules, ordinances and other requirements (together, "Laws") of the state, federal and local governments which may in any manner affect the performance of the LBC or the Project. (c). Non -Assignability. The Owner shall not assign or transfer any interest in the LBC without the prior written consent of the Governmental Unit and Commerce; provided however, that claims for money due to the Owner from the Governmental Unit under this LBC may be assigned to any commercial bank or other financial institution without such approval. (d). Personnel. The Owner represents that it and any Business have or will secure at their own expense all personnel required to monitor, carry out and perform the scope of services of this LBC and the Project. Such employees shall not be employees of the State (including, without limitation, the Rural Authority or Commerce) or the Governmental Unit. Such personnel shall be fully qualified and shall be authorized under state and local law to perform such services. Rural Economic Development Loan Agreement and EXHIBIT E Legally Binding Commitment, Private Owner BUILDING REUSE PROGRAM 2017-099-3201-2587 17. Notice. All notices required or permitted hereunder and all communications in respect hereof shall be in writing and shall be deemed given when personally delivered or when deposited in the United States Mail, certified, return receipt requested, postage prepaid, and addressed as follows: If to the Governmental Unit: Attn: To the Owner: Attn: or addressed to such other address or to the attention of such other individual as either party above shall specify in a notice pursuant to this subsection. 18. Entire Agreement. This LBC supersedes all prior agreements between the Governmental Unit and the Owner with regard to the Loan and the Project and expresses their entire understanding with respect to the transactions contemplated herein, and shall not be amended, modified or altered except pursuant to a writing signed by both Parties. 19. Execution. This LBC may be executed in one or more counterparts, each of which, when executed, shall be deemed an original, and all such counterparts, together, shall constitute one and the same LBC which shall be sufficiently evidenced by one of such original counterparts. 20. Construction. This LBC shall be construed and governed by the laws of the State of North Carolina. 21. Severability. Each provision of this LBC is intended to be severable and, if any provision of this LBC is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect or impair any other provision of this LBC, but this LBC shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein. [[7 Rural Economic Development Loan Agreement and Legally Binding Commitment, Private Owner BUILDING REUSE PROGRAM EXHIBIT E 2017-099-3201-2587 22. Force Maieure. If (a) during the Grant Term the real or personal property located on or constituting the Property suffers damage or destruction caused by acts of God, fires, floods, storms, insurrection, riots, acts of the public enemy, national catastrophe, or similar unexpected events, (b) such damage or destruction was not principally caused by the negligence, willful misconduct or violation of applicable law by the Owner, (c) the Owner uses reasonable efforts to repair, or to work around, such damage or destruction reasonably promptly, and (d) as a direct result of such damage or destruction the Owner cannot satisfy the requirements and obligations of Sections 3 of this Agreement as and when this Agreement requires, then the Owner will be entitled to an extension of time not to exceed sixty (60) days to satisfy the requirements and obligations of Section 3 of this Agreement; provided that the Governmental Unit in its sole discretion with respect to the obligations it is owed by the Owner, may elect to extend that sixty day period to give the Owner additional time to satisfy those requirements. IN WITNESS WHEREOF, the parties hereto have executed this LBC as of the date first above written. Governmental Unit Name: Signature: [SEAL] Printed Name: Title: Owner Name: Signature: [SEAL] Printed Name: Title: Promissory Note, Private Owner BUILDING REUSE PROGRAM EXHIBIT F 2017-099-3201-2587 For VALUE RECEIVED and subject to the terms of and secured by the Rural Economic Development Loan Agreement and Legally Binding Commitment — Private -Owner Building Reuse Program, Reference Number 2017-099-3201-2587 ("LBC," which is incorporated by reference herein), the undersigned borrower[s] (the "Owner") jointly and severally promise[s] to pay to lender the City of Dunn or its assigns (together, the "Governmental Unit") or to the intended third -party beneficiary of this Promissory Note, the North Carolina Department of Commerce ("Commerce"), upon demand and as directed by either the Governmental Unit or Commerce, an amount of principal loan ("Loan") funds under the LBC up to and including $25,000.00 Dollars but which amount shall not exceed the amount of Loan funds the Owner has actually received under the LBC, plus interest and attorney's fees as addressed below. Unless otherwise specified herein, capitalized terms in this Promissory Note shall have the same meaning as those set forth in the LBC. The Owner acknowledges and represents that: (i) the undersigned is or are the only person(s), entity or entities who or that have any ownership interests in the certain real property located at: in County, North Carolina (the "Property"); and (ii) the undersigned shall be jointly and severally liable for any and all debts secured by this Promissory Note. The Owner further acknowledges that: (i) in order for the Owner to receive the Loan, the LBC requires the Owner to complete a "Project"; (ii) in order for the Owner to receive the Loan, what the LBC identifies as the "Business" must maintain certain jobs and create and maintain certain other jobs in working with the Owner to complete the Project; (iii) the Loan from the Governmental Unit to the Owner under the LBC consists entirely of a grant from the State of North Carolina to the Governmental Unit, subject to certain clawback provisions; (iv) Commerce is an intended third -party beneficiary to the LBC and to this Promissory Note; and (v) the LBC specifies those circumstances in which the Governmental Unit or Commerce can terminate the LBC and require the Owner to repay an amount of Loan funds according to a formula or else in an amount to be determined in the sole discretion of the Governmental Unit or Commerce but which amount shall not exceed the amount of Loan funds the Owner has actually received under the LBC. Upon default, the Governmental Unit and/or Commerce may employ attorneys to enforce their rights and remedies under this Promissory Note and the LBC, and the Owner agrees to pay their reasonable attorneys' fees, plus all other reasonable expenses they incur in exercising their rights and remedies upon default. The rights and remedies of the Governmental Unit and Promissory Note, Private Owner EXHIBIT F BUILDING REUSE PROGRAM 2017-099-3201-2587 Commerce, as described in this Promissory Note and the LBC, shall be cumulative and may be pursued singly, successively or together against the Owner (including each of the undersigned), the Property, or any other funds, property or security held by the Owner for payment or security, in the sole discretion of the Governmental Unit and Commerce. The failure to exercise any such right or remedy shall not be a waiver or release of such rights or remedies or the right to exercise any of them at another time. The Owner hereby waives protest, presentment, notice of dishonor and notice of acceleration and maturity and agrees to remain bound for the payment of principal, interest and all other sums due under this Promissory Note and the LBC, notwithstanding any change or changes by way of release, surrender, exchange, modification or substitution of any security for this Promissory Note, or by way of any extension or extensions of time for the payment of principal and interest; and the Owner waives all and every kind of notice of such change or changes and agrees that the same may be made without notice of or consent to any of them. This Promissory Note may not be amended, changed or altered except in writing executed by the Owner, the Governmental Unit and Commerce. If not repaid within 30 days following demand hereunder, the Loan funds demanded by the Governmental Unit or Commerce under this Promissory Note shall bear interest at the rate of 10% per annum after demand until repaid. If either the Governmental Unit or Commerce initially demands Loan repayment from the Owner ("First Demand") in an amount less than the Loan funds the Owner has actually received under the LBC but, failing to receive repayment and, in its discretion under the LBC, increases the Loan repayment demand ("Second Demand") to the full amount the Owner has received under the LBC, then such interest on the difference between the First and Second Demands shall begin to accrue as of the date of the Second Demand. For example, if under the terms of the LBC, a Business engages in an improper expenditure of Loan funds, the Governmental Unit has the discretion to require in a First Demand the partial repayment of Loan funds received by the Owner. Interest will begin to accrue at 10% per annum on whatever portion of the sum is not repaid as of the 31" day after the First Demand. Further, if the Owner fails to repay the First Demand in full, the Governmental Unit retains the discretion under the LBC to terminate the LBC and issue a Second Demand for the full repayment by the Owner of all Loan funds. Interest will continue accruing at 10% per annum on the original principal amount still unpaid from the First Demand and, following the expiration of 30 days from the Second Demand, interest will begin to accrue at 10% per annum on the additional unpaid principal Loan amount in the Second Demand. Payment shall be made in lawful money of the United States of America via United States Mail First Class, Federal Express or UPS to the attention of the person at the address or in person at the address of the Governmental Unit or Commerce as directed in writing. This Note shall be governed by, and construed in accordance with, the laws of the State of North Carolina. Promissory Note, Private Owner BUILDING REUSE PROGRAM EXHIBIT F 2017-099-3201-2587 IN WITNESS WHEREOF, the undersigned has (have) caused these presents to be executed under seal, pursuant to authority duly given, the day and year first above written. EVERY SIGNATORY BELOW EXPRESSLY REPRESENTS THAT ALL INDIVUDALS OR ENTITIES WITH ANY OWNERSHIP INTERESTS IN THE PROPERTY HAVE EXECUTED THIS PROMISSORY NOTE. Dated as of: If by Individual: , 20 Signature: [SEAL] Printed Name: Dated as of: If by Entity: Signature: Printed Name: 3 , 20 Limited Waiver of Confidentiality EXHIBIT G Unemployment Tax and Wage Records BUILDING REUSE PROGRAM 2017-099-3201-2587 Name of Taxpayer Address: City: State: Zip: Phone: NC Unemployment Insurance Acct #: Fed Tax ID #: I hereby waive any right to confidentiality, as found in N.C.G.S. 96-4 or otherwise, for the limited purpose of authorizing disclosure of certain information contained in the quarterly unemployment insurance tax records of the above -named taxpayer (hereinafter, "Company") filed with the Division of Employment Security ("DES") of the North Carolina Department of Commerce to the City of Dunn ("Governmental Unit") and to the employees of the Rural Economic Division of the North Carolina Department of Commerce ("Rural Division") and members of the North Carolina Rural Infrastructure Authority ("Rural Authority") for the limited purpose of evaluating the issuance of and, in the event of such issuance, administering and ensuring compliance with, a grant and loan pursuant to N.C.G.S. 14313-472.127 and .128. I recognize that DES is authorized to provide this information to the public officials of the Governmental Unit, the Rural Division and the Rural Authority in the performance of their public duties and that the verification of employment information for the purpose of administering the grant and loan at issue is within the scope of the public duties of the Governmental Unit, the Rural Division and the Rural Authority. I hereby authorize DES to disclose information contained in the Company's quarterly unemployment insurance tax records (the NCUI-101 or successor form) to the Governmental Unit, the Rural Division and/or the Authority for these purposes. I recognize that unemployment insurance tax information provided in the aggregate to DES and disclosed to the Governmental Unit, the Rural Division and/or the Authority, and the Company's aggregated tax and wage information provided to or otherwise in possession of the Governmental Unit, the Rural Division and/or the Authority, may be treated as public information. This waiver is not intended to release the Governmental Unit, the Rural Division and/or the Authority from any obligation they may have under North Carolina law to maintain the confidentiality of any and all information which could reveal or permit someone to ascertain the identity of any individual employee or that employee's line item unemployment insurance tax or other tax or wage information. Signature Chief Financial Officer or Other Authorized Company Official Print Name Date Title Iran Divestment Act Certification BUILDING REUSE PROGRAM EXHIBIT H-1 Local Government Certification Name of Entity: City of Dunn Address of Entity: IRAN DIVESTMENT ACT CERTIFICATION REQUIRED BY N.C.G.S. 147-86.59 2017-099-3201-2587 As of the date listed below, the entity listed above is not listed on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S.147-86.58. The undersigned hereby certifies that he or she is authorized by the entity listed above to make the foregoing statement. Signature Date Printed Name Title Notes to persons signing this form: N.C.G.S. 143C-6A-5(a) requires this certification for bids or contracts with the State of North Carolina, a North Carolina Local government, or any other political subdivision of the State of North Carolina. The certification is required at the following times: • When a bid is submitted • When a contract is entered into (if the certification was not already made when the vendor made its bid) • When a contract is renewed or assigned N.C.G.S. 143-6A-5(b) requires that contractors with the State, a North Carolina local government, or any other political subdivision of the State of North Carolina must not utilize any subcontractor found on the State Treasurer's Final Divestment List. The State Treasurer's Final Divestment List can be found on the State Treasurer's website at the address www.nctreasurer.com/Iran and will be updated every 180 days. DUNN DUNN D 0' c7o 4'UlfunI o,�y oa w *k iF Meeting ate: February 7, 2017 SUBJECT TITLE: Ordinance Amendment OA-01.17 Chapter 3, Animals & Fowl Presenter: Planning Director Wullenwaber Department: Planning & Zoning Attachment: X Yes No Description: Ordinance amendment language Public Hearing Advertisement Date: January 31, 2017 1 07- 904 This is a request to hereby amend Chapter 3 (Animals and Fowl) to revise the beehive regulations in the city limits and planning jurisdiction, BACKGROUND: The General Assembly passed session law, S.L. 2015-246, which created G.S. 106-645 relating to beehive regulation in cities and counties. Beehives can no longer be prohibited anywhere and must be allowed, although restrictions can be placed on them as outlined in the attached proposed ordinance amendment. PLANNER'S RECOMMENDATION OR COMMENTS: Approve the attached ordinance amendment. "LEASE PROVIDE: Sixteen (16) copies of all pertinent attachments with the Agenda Abstract to the City ;lerk no later than noon in accordance with the schedule that you have been given. 02017- _ (OA-01-17) Attachment #_ Adopted: 2-07-17 The City of Dunn Code of Ordinances is hereby amended by revising Chapter 3 Article I, Section 3-14 Section 3-14.- Urban Beekeeping It shall be unlawful for any person to maintain within the city or to allow to be maintained upon any lot owned by him any hive of bees, exeept that the provisions of this seetieR Shall Rat apply tG bona fide farms, , except for bona fide farms or under the following conditions: (a) No more than five (5) hives permitted per parcel within the city limits and planning iurisdiction. (b) Such bee hive shall be at ground level or securely attached to an anchor or stand. (c) No hive shall be located in the front yard. (d) Hive(s) shall be at least seventy-five (75) feet from any property line. (e) The area wherein the hive(s) are located shall be enclosed by a blind fence or wall of not less than six (6) feet in height. (f) All beekeeping equipment and hives must be maintained in good order and condition. If the owner of the hive(s) no longer maintains it, the hive(s) shall be removed from the property. (g) If it is necessary to protect the health safety, and welfare of the public, the property owner shall remove the hive and if the property owner fails to do so after written notice from the city, the city may remove the hive and assess all costs against the property owner. (Ord. No. 02011-05, 4-12-11) J1411TI D -"" --l'- #-;tz-0 Council UNN 11111f City Agenda 1Form MeetingDate: February SUBJECT TITLE: Financial Report Presenter: Finance Director Mark Ste Department: Finance Attachment: X Yes Nc Public Hearinq Advertisement Date: PURPOSE: Description: Financial Update Attached please find the Financial Update as of December 31, 2016 for your review BACKGROUND: BUDGETIMPACT: RECOMMENDATION/ACTION REQUESTED: Mayor - north C a r O l i II 8. Oscar N. Harris �NN Mayor Pro Tem Billy Barfield Council Members City of d u rin Buddy Maness Dr. Gwen McNeill FINANCE DEPARTMENT Frank McLean POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 Billy Tart Chuck Turnage (910) 230-3500 • FAX (910) 230-3590 City Manager www.dunn-ne.org Ronald D. Autry fib//li�[U:7Id/IIdi7] To: Honorable Mayor, City Council Members From: Mark Stephens, Finance Director Subject: Financial Report for Period Ending 12/31/2016 Date: February 7, 2017 • The City as of December 31, 2016 had $2,070,756 in cash in the General Fund and $2,439,151 in the Water -Sewer Fund. In December of 2015 the City had $2,054,927 in the General Fund and $2,189,687 in the Water and Sewer Fund. • Property tax collections were $2,451,580 or 66.33% of budget. Last year property tax collection through December were $2,650,672 or 74.92% of budget. • Sales Tax Revenue is $782,070 or 46.69% of budget. Benchmark for this month is 41.67% of budget. • Utilities Sales Tax is $375,900 or 47.64% of budget. Benchmark for this month is 50.00% of budget. • Building Permit Fees were $48,260 or 74.24% of budget. Benchmark for this month is 50.00% of budget. • Water and Sewer Revenues were $2,396,970 or 53.27% of budget. Benchmark for this month is 50.00% of budget. • Expenditures were 47.67% of budget in the general fund and 39.61 % of budget in the water and sewer fund. The benchmark for this period is 50.00% of budget. DUNN AII•AlesNr� City 1989*2013 CouncilAll-America City i,, �f Agenda Form MeetingFebruary SUBJECT TITLE: Tax Report Presenter: Mark Stephens Department: Finance Attachment: X Yes No Public Hearing Advertisement Date: Description: Monthly Tax Collection Report PURPOSE: Tax Collection Report for the month of December 2016, for your consideration. BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: north Carolina Mayor Oscar N. Harris Mayor Pro Tern UNIN Billy Barfield Council Members city of d ll II 11 Buddy Maness Dr. Gwen McNeill FINANCE DEPARTMENT Frank McLean POST OFFICE BOX 1065 - DUNN, NORTH CAROLINA 28335 Billy Tart Chuck Tumage (910) 230-3500 . FAX (910) 230-3590 City Manager www.dunn-nc.org Ronald D. Autry Current Year Tax Collection through December 31, 2016 2016 TAXES Downtown City Taxes Total Ad Valorem Levy $ 3,904,661 $ 34,761 $ 3,939,422 Collections thru December 2016 2,451,580 20,997 2,472,577 Taxes Receivable December 2016 1,453,081 13,764 1,466,845 Percentage Collected 62.79% 60.40% 62.76% D""' --l'- 11111f City Council Agenda MeetingDat2017e: SUBJECT TITLE: Building Report, Planning Report, Recreation Report & Library Report Presenter: Assistant City Manager Steven Neuschafer Attachment: X Yes No Description: Monthly Reports Public Hearing Advertisement Date: N/A PURPOSE: + Attached please find the following Monthly Reports for your review: Building Report Planning Report January, 2017 January, 2017 Recreation Report January, 2017 Library Report =G1....•.1I BUDGETIMPACT: December 2016 RECOMMENDATION/ACTION REQUESTED: >...... t .. Bppi i 11..r a UNN �n Planning & Inspections Department 1 102 N. Powell Ave., Dunn, NC 28334 ( phone 910-230-3503 1 fax 910-230-9005 1 www.dunn-nc.org Permits Issued 40 Permit Fees Collected $9,011.00 Inspections Performed 191 Plans Reviewed 6 Demolitions 1 Certificate of Occupancy's 2- (2 completed permit Issued projects) Development Permits 5 Sign Permits 3 Plats Approved 0 Zoning Enforcement 2 Wj. LUNN v�> m mr diy r alEma v Code Enforcement Map January 2017 ti IV , n i a ^_ DOE: u' F +r e If, s " :on it d 41 1, o io t 4 .V, ( `� "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." north Carolina WIL)UNIN city of clunn PARKS & RECREATION DEPARTMENT POST OFFICE BOX 1065 > DUNN, NORTH CAROLINA 28335 (910) 230-3500 • FAX (910) 230-3590 www.dunn-ne.org Recreation Monthly Report: January 2017 Mayor Oscar N. Harris Mayor Pro Tern Billy Barfield Council Members Buddy Maness Dr. Gwen McNeill Frank McLean Billy Tart Chuck Tumage City Manager Ronald D. Autry OVERVIEW: • Our 2017 Winter Sports games for Pee Wee and Midget teams began the week of January 3. • Our 2017 Instructional League will begin games on February 11th. • Picture Day for Winter Sports will be February 4th. • Our next Recreation Advisory Board meeting has been scheduled for February 2, 2017 and February 7, 2017 dependent upon attendance of members that can be present. RENTALS: • Dunn Community Building.........................................................................................................................A • P. K. Vyas BB&T room rentals.....................................................................................................................0 • Picnic Shelter Rentals....................................................................................................................................0 YOUTH PROGRAMS: • 2017 Instructional League teams will began practices on January 14, 2017. The winter weather delayed their league starting on the original date of January 7th. • The games scheduled for January 21st were rescheduled due to Harnett County Schools scheduling a makeup day. o Our Indoor Soccer registrations will begin January 31d and end on February 15th. • Our 2017 Spring Sports Registration will begin on February 1st. P. K. VYAS CENTER: Memberships NewMemberships.........................................................................................................................................6 RenewedMemberships................................................................................................................................33 Membership Growth from December 2016 compared to January 2017...... ........................................... 9% Guest Participation from December 2016 compared to January 2017........................................no change DUNN eAII Aiurin City 1 1989 * 2013 north Carolina Mayor Oscar N. Harris Ulu Liu Mayor Pro Tem IN Billy Barfield Council Members city o f d u n n Buddy Maness Dr. Owen McNeill Frank McLean DUNN PUBLIC LIBRARY Billy Tart POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 Chuck Tumage (910) 892-2899 • FAX (910) 892-8385 City Manager Ronald D. Autry www.dunn-ne.org Library Monthly Report: December 2016* For Comparison Dunn Lillington (Main) Door Count 3,768 N/A New Patrons N/A N/A Hours Open 184 N/A Total Circulations of books & other N/A N/A materials Holds Received from HCPL System & N/A N/A NC Cardinal Consortium Libraries Holds sent form Dunn to system & N/A N/A consortium libraries Computer Sessions N/A N/A Print Jobs N/A N/A Pages Printed N/A N/A Reference Questions 47 N/A Technology/Computer Subset 45 N/A Job/Career Subset 2 N/A *Data from Harnett County Public Library forthcoming. DUNN 19F9*]01J DUNN " : WQ:' D- n.,(hh c.T.lina All America CityU 1 I City Council Agenda Form Meeting eetin ate® February 7 207 SUBJECT TITLE: Police Report Presenter: Attachment: X Yes No PURPOSE: Description: Monthly Police Report Attached please find the Police Report for the month of January, 2017 for your review. BACKGROUND: BUDGETIMPACT: RECOMMENDATIONIACTION REQUESTED: Ail-Asirica City r 1999 * 2013 — d :VV�11 O 6 LL — A a o r p M N r a W M e{ N N m N N N m 6 N 'C 6 O C a a c 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 J O (n C le ® v= M E o O o 0 0 0 0 0 0 0 0 0 o O o 0 0 0 0 0 �•CN ed r ® m ae M d o- d ® 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o ca r C r p y ®o O 7 o 0 0 0 0 0 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 CL O O O O O O O O O O O O O O O O ^ Wda O ci d o 0 0 0 0 0 o a o o v o 0 0 0 0 0 0 0 0 0 ® 5 N c > N C O N U Q o� N x N = _N c C H N o N .. N O. E U a d t c o O 5 � 5 1N o m E W V Cl O J �/, N O rG N C O L C L Q U 'N Q U 'U, Q y-' 'O IL 0] L Q o o 0 a~i w a a LL Z .°ca (n 2 LL LL Q @� N r « B N L d s t m O z L m O z iI ¢ U .v °' O U N > N N C C C C % d d d N N O N N y n Q, m $ $ o o n n a n c LL p1 c c m o m 5 o o E E E E E �^ 0 0 0 A A m m f2 d U) .I^ N c .�Q. C Y " U J � «: U G L s+ ra ® `0 d t r u u N ° l ® t9 d a r a L r 8 C o U t ,® ® fA O c CCL ® C O c ® oc oC. t o V 0� ® a c dtG N rn O N O W O O O N O O O O O (D O IL '.. N N N m N sf m N r O O O O O O O O O O O O O O O O O O O O N O 0 O O O O O 0 O O O O O O O O O O 0 O O O O O O O O O 0 O O O O O O O O O O O O O O 0 0 0 o O o 0 0 0 o O o 0 0 0 0 0 0 0 0 0 0 O O 0 0 0 O O 0 O O o 0 0 0 0 O O 0 0 0 0 O 0 O O O O O O O O O 0 0 O 0 O O 0 0 0 N O O O O N m W O O 0 O O O M 0 V O T N 0 N C C G ._ 9 N O r f d L IL o 5 W d > rn 2 N o o m n LL 0 0 y 10 Q c E c 0 0 v m ? C U o c c E c ? o o m v O 01 L 0 � 0u n E c O m m n m �, c S O ` N 'O C 5 5 a 5 Z Q Q 2r 0 o ny L 100 N - 'c t 2 Q0 2 c % 'n N° LL L° LL L° LL 2 LL 0 a U O O c O 2 0 :EZ U O O N — Q 0 Y E 1- Q Q O o 0 m 0 r C; ao o rn 0 M 0 o 0 rn o a a y r> u N 0 o m 0 a 0 o o O o o N o r 0 rn 0 o y m M < N aD O W M - N N N N (rn� N N N N N 'OV m O Arrest Arresting Officer: Felony Totals by Officer Dunn Police Department (01/0112017 - 01/31/2017) Total Charges On All Total Felony Felony Arrests: Charges: Total Felony Arrests: 123 - Angela M. Hinson 1 1 1 9356 - C. M. Dean 2 2 1 176-James W. Brannan 3 3 3 439 - Jason W. Dickinson 4 3 1 420 - Johnathan A. Butler 2 1 1 560 - Joshua D. Akers 7 5 3 7845 - Matthew V. Matos 1 1 1 522 - Phillip G. Bass 3 2 1 1834 - Robert W. Gautier 3 1 1 155 - Sgt. Jeffrey A. Honeycutt 3 3 1 Total: 29 22 14 Date: 02/01/2017 -- Time: 11:41 Page 1 Arrest Misdemeanor Totals by Officer Dunn Police Department (01/01/2017 - 01131/2017) 9356 - C. M. Dean 9 7 3554 - Carnell N. Campbell, Jr 1 1 211 - Harold D. Collins 4 4 7325 - Holly M. Pendergraph 1 1 176 - James W. Brannan 3 3 420 - Johnathan A. Butler 4 4 560 - Joshua D. Akers 5 2 4318 - Justin R. McLeod 5 4 086 - Lt. Cary A. Jackson 2 1 315 - Lt. James A. Barefoot 1 1 7845 - Matthew V. Matos 4 4 071 - Nicholas J. Parrilla 1 1 522 - Phillip G. Bass 2 1 596 - PO I Nicholas J. Simmons 5 4 0576 - Rebecca J. Gipson 3 2 1834 - Robert W. Gautier 3 3 0380 - Seth J. Crompton 10 9 197 - Sgt Joseph E. Byrd 5 4 155 - Sgt. Jeffrey A. Honeycutt 3 2 172 - Sgt. Ricky T. Jackson 2 1 Total: 76 61 Date: 02/01/2017 -- Time: 11:41 Page 1 Citation Totals by Charge Dunn Police Department (01/01/2017-01/3112017) Charge: Number of Charges: Speeding (Infraction) 43 Seat Belt 3 Passenger Seat Belt- Juvenile 1 DWI 1 No Operator License 10 Driving While License Revoked 36 Expired Registration 37 Inspection 3 Unsafe Movement 5 Failure To Stop (Stop Sign/Flashing Red Light) 4 Running Red Light 3 No Insurance 8 Possess/Consume Alcohol - Passenger 2 Failure To Reduce Speed 1 Other (Misdemeanor) 4 Other (Infraction) 42 Other (2nd Charge - Misdemeanor) 2 Other (2nd Charge - Infraction) 67 Total: 272 Date: 02/01/2017 -- Time: 11:42 Page 1 CID — Monthly Report — January 2017 Lt. B. Tyndall 4 1 0 --- 0 1 2 0 Lt. A. M, Hinson 17 --- 11 --- 12 3 --- 3 29 -- 0 --- Sgt. K. Barbour 8 --- 1 --- 0 0 6 9 --- 2 Inv. M. Smith 0 --- 2 --- 0 0 --- 0 3 --- 1 Inv. . Brannan 18 12 1 1 2 4 2 0 4 0 9 5 0 0 CSI B. Halpin 8 -- 0 --- 0 --- 1 --- 6 --- 7 --- 0 Sgt. Honeycutt 0 3 --- 1 --- 0 0 --- 4 --- 0 --- GRAND TOTALS 55 12 19 1 15 4 6 tO 20 L_!J 63 5 3 0 2a1bi' A Lilt- Arri se Iiil:,; A l Arrests #ei' wv' 1Uy Arrests Mtsi$ r ►rrtn= ter; Lt. B. Tyndall 0 0 --- --- 0 Lt. A. M. Hinson 21 1 0 0 22 Sgt. K. Barbour --- --- --- --- 0 Inv. M. Smith 0 0 --- --- 0 Inv. J. Brannan 2 1 6 0 9 CSI B. Halpin 0 0 --- --- 0 Sgt. J. Honeycutt 2 0 --- 2 GRAND TOTALS 25 2 6 0 33 RECOVERED PROPERTY Lt. B. Tyndall $ 0.00 Lt. A. M. Hinson $ 0.00 Sgt. K. Barbour $ 45,000.00 Inv. M. Smith $ 0.00 Inv. J. Brannan $ 600,00 CSI B. Halpin $ 0.00 Sgt. J. Honeycutt $ 0.00 TOTAL PROPERTY $ 45,600.00 SEIZED DRUGS Marijuana $ 0.00 Cocaine $ 0.00 Meth $ 0.00 TOTALDRUGS $ 0.00 ) JUVENILE MONTHLI REPORT Detective J. Brannan TOTAL JUVENILE CASES CASES ASSIGNED: 12 12 CASES FILED INACTIVE: 00 00 CASES EXCEPTIONALLY CLEARED: 01 01 CASES CLEARED BY ARREST: 04 04 CASES UNFOUNDED: 00 00 TOTAL CASES CLOSED: 05 CURFEW WARNINGS 00 SPECIAL OPERATIONS WORKED: 0 COMMUNITY SERVICES/PRESENTATIONS: 0 VALUE OF RECOVERED PROPERTY: $0.00 VALUE OF NARCOTICS/MONIES SEIZED: $0.00 ARRESTS: (ADULT) FELONY: 00 (ADULT) MISDEMEANOR: 01 (JUV) FELONY: 00 (JUV) MISDEMEANOR: 06 TOTAL ARRESTS: FEL: 00 MISD: 07 I ' I TiTl1611d J Mummuffffum ••�� JANUARY Search Warrants - 0 ABC Inspections - 0 ABC Violations - 0 ABC Compliance Check - 0 ABC Assists - 0 Arrests Felony Arrests - 16 Misd. Arrests - 8 Narcotics Seized Marijuana - 19.6 pound Cocaine - .5grams Meth - 0 grams Heroin — 1.9 grams Pills — 1 Oxycodone Ecstacy- Other- 900 GRAMS promethazine LIQUID /1 STOLEN MAIL AND IDENTITY THEFT SEIZURE. K-9 Utilizations- 15 Property Seized US Currency - $ 383 Firearms -4 Pill Drop Box - 6.2 Lbs. of Prescription Pills 401 East Broad Street Dunn, North Carolina 28334 (910) 230-3562 January 1,2017 ANIMAL CONTROL ACTIVITIES #CALLS LOGGED: (complaints: 56 Citizen assist: 53) #DOGS PICKED UP: #DOGS LEFT IN POUND: November December 2016 109 56 14 03 #DOGS RETURNED: #DOGS ADOPTED: #DOGS ESCAPED: 0 #DOGS PUT TO SLEEP: 06 35 (29 by rescues) #DOGS IN POUND: 26 #DOG BITES REPORTED: 2 #DOGS QUARANTINED: 2 (1 by owner) #CAT BITES: 0 #CATS QUARANTINED: 0 #CATS PICKED UP: 18 #CATS PUT TO SLEEP: 14 #CATS ADOPTED: 12 #CATSESCAPED: 0 #CATS RETURNED: 0 #OTHER ANIMAL CALLS: Turkey 2 Possum 1 #WARNINGS ISSUED: WRITTEN: 11 CIVIL CITATIONS: 07 VERBAL: 16 MILEAGE: End of Month: 103683 End of Month: 151395 Beginning of Month: 102864 Beginning of Month: 151065 Truck #55 819 Truck #56 330 Respectfully Submitted, Patti Lane Collins, Animal Control Officer Page 11 Announcements February 7, 2017 City Council Meeting The City Council will hold their Annual Budget Retreat/Planning Session on Friday,March2017 at the Central Carolina Community College Dunn Enrichment Center -41 Street. The meeting will convene at 8:00 a.m. Meeting�> The next regular City Council _d .d for Tuesday, March 14, 201711 Jan, 20. 2011 10.00AM DUNN HOUSING AUTHORITY BOARD MEETING No, 0584 P, 2 817 STEWART STREET MONDAY, DECEMBER 19, 2015 7:D0 PM CHAIRMAN ERIC SINCLAIR CALLED THE MEETING TO ORDER AT 7:00 PM ON MONDAY, DECEMBER 19, 2016, UPON ROLL CALL THE FOLLOWING WERE PRESENT; CHAIRMAN SINCLAIR, COMMISSIONER DAIL, COMMISSIONER EDDIE DRAUGHON, COMMISSIONER HOLLOWAY AND SECRETARY DEBBIE NORRIS. VICE-CHAIRMAN LEE WAS EXCUSED, THE MEETING WAS OPENED WITH A PRAYER BY CHAIRMAN SINCLAIR. MINUTES OF THE PREVIOUS MEETING WERE READ AND APPROVED. FIRST MOTION MADE BY COMMISSIONER DRAUGHON AND SECONDED BY COMMISSIONER HOLLOWAY, AYES AND NAYS WERE AS FOLLOWS; AYES NAYS CHAIRMAN SINCLAIR COMMISSIONER DAIL NONE COMMISSIONER HOLLOWAY COMMISSIONER DRAUGHON MOTION CARRIED. OCCUPANCY REPORT; TOTAL RENT FOR NOVEMBER WAS $31,863,00. AVERAGE RENT PER UNIT WAS $ 227.59. SINCE THE LAST MEETING THERE WERE THREE MOVE -INS, FOUR MOVE OUTS AND FIVE TRANSFERS, THERE WERE THREE VACANT UNITS. THERE WERE THREE TENANT ACCOUNTS TO BE CHARGED OFF IN THE AMOUNT WHICH TOTALED $1659.00. (BRANDY BRIDGES $1486,00; KRISTINA MEDLIN $145.00 AND MONEE DRAYTON $28.00) COMMISSIONER DRAUGHON MADE FIRST MOTION FOR THE CHARGE OFF AND WAS SECONDED BY COMMISSIONER HOLLOWAY. AYES AND NAYS WERE AS FOLLOWS: AYES NAYS CHAIRMAN SINCLAIR COMMISSIONER DAIL NONE COMMISSIONER HOLLOWAY COMMISSIONER DRAUGHON CHARGE OFFS YEAR -TO - DATE TOTALED $4806.00. 1 Jan. 20, 2011 10.00AM No.0584 P. 3 THERE WAS ONE RECOVERY FOR THE MONTH OF DECEMBER IN THE AMOUNT OF $18.00 (DAPHNE WILLIAMS) YEAR TO DATE RECOVERIES TOTAL $ 930.00 FINANCIAL BALANCE SHEETS FOR THE MONTH OF OCTOBER 2016 WERE REVIEWED WITH NO COMMENTS. COMMUNICATIONS: AWEMAIL FROM CPA, BRENT UMPHLETT WAS BRIEFLY DISCUSSED. AT THE DECEMBER SPECIAL MEETING, VICE-CHAIRMAN LEE QUESTIONED THE INCREASE IN PILOT FROM $13,800 TO $19,500. THE EMAIL EXPLAINED THE CALCULATION OF PILOT AS NET TENANT REVENUE LESS TOTAL UTILITY EXPENSE MULTIPLIED BY TEN PERCENT. SECRETARY NORRIS EXPLAINED THAT DUNN HOUSING AUTHORITY HAD ALSO MADE SIDEWALK AND CURB REPAIRS AND THE COST WOULD ALSO BE DEDUCTED FROM THE 2016 PILOT AS ALLOWED BY HUD. SECRETARY NORRIS HAD SPOKEN WITH GENE RAHUBA CONCERNING THE MATTER. THERE WERE NO COMMENTS. THE BOARD VIEWED A COPY OF THE LETTER FROM RAQUEL HARDIN, HUD DIVISION DIRECTOR, STATING THE DUNN HOUSING AUTHORITY FYB 2017 PHA PLAN. THERE WERE NO COMMENTS. THERE WERE NO COMMENTS CONCERNING A NOTICE TO RESIDENTS REMINDING THEM OF THE HOUSUNG AUTHORITY HOLIDAY SCHEDULE AND EMERGENCY CONTACT NUMBERS. OTHER BUSINESS THE BOARD WAS ASKEDTO REVIEW THE 2017 ORIGINAL OPERATING BUDGET WHICH HAD BEEN TABLED FROM THE SPECIAL MEETING HELD IN DECEMBER. AFTER SOME DISCUSSION, FIRST MOTION WAS MADE BY COMMISSIONER HOLLOWAY AND SECONDED BY COMMISSIONER DRAUGHON TO ACCEPT THE 2017 BUDGET AS PREPARED. AYES AND NAYS WERE AS FOLLOWS; AYES NAYS CHAIRMAN SINCLAIR COMMISSIONER DAIL NONE COMMISSIONER HOLLOWAY COMMISSIONER DRAUGHON MOTION CARRIED. Jan, 20, 20111.1110:00%. 2016-06 No, 0584 F. 4 THE COMMISSIONERS WERE REMINDED OF THE OPENING OF RE -BIDS FOR CFP NC 79.50116 THAT WOULD BE HELD ON DECEMBER 20, 2016 AT 10:30 AND INVITED TO ATTEND, WITH NO FURTHER BUSINESS TO DISCUSS, CHAIRMAN SINCLAIR ADJOURNED THE MEETING. ERIC L, SINCLAIR, SR. CHAIRMAN o DEBB .. NORKS SECRETARY Jan. 20. 2017 10:00AM No.0584 P. 5 DUNN HOUSING AUTHORITY RESOLUTION NO. 2016-06 Board Approval of the 2017 Operating Budget WHEREAS, Brent Umphlett, CPA for Dunn Housing Authority has prepared the FYE 2017 Operating Budget in compliance with HUD requirements; WHEREAS, the Dunn Housing Authority Board of Commissioners have received a copy and have reviewed the FYE 2017 Operating Budget; NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the Dunn Housing Authority meeting in regular session, Monday, December 19, 2016 at 7:00 PM that the revised 2017 Operating Budget for Dunn Housing Authority be approved with a 3% employee raise across the board. Eric L. Sinclair, Sr. Debbi . Nor . Board chairman Secretary January 17, 2017 Honorable Oscar N. Harris, Mayor City of Dunn 401 E. Broad Street Dunn, NC 28334 Dear Official(s): Mr. Ronald D. Autry, Manager City of Dunn 401 E. Broad Street Dunn, NC 28334 We feel like this needs to be said. Communities across America, including our own, have spent plenty of time talking about racism, and instances of police brutality. Those concerns are real and need to be corrected. We must never turn a blind eye to these problems. But at the same time, I think sometimes we fail to say thank you to the brave souls who do put their lives on the line to help ensure a safe society. Police officers daily see the worst elements of humanity and operate under extreme pressure with professionalism and show respect to those who do not always return the favor. That is a credit to them. Yesterday the very best was on display in the City of Dunn. Everybody we talked to was immensely impressed with how the Dunn police conducted themselves. Sgt. Clark White and others were as courteous and professional as we have ever encountered. Yes, the police have always been good on MLK parade day, but it was something a little different this year. We want to say thank you to the City of Dunn and the many good police officers at the police department who serve our community, keep us safe, keep getting up and going every day and do it all for low pay and little thanks. Please consider this letter is our applause to the City of Dunn and the police department. We appreciate you. With respect, The Harnett County Martin Luther King, Jr. Committee cc: Dunn City Council Members Capt. J Royal Capt. L. Jenkins Sgt. Clark White ROY COOPER Governor Office of the Governor January 20, 2017 The Honorable Oscar N. Harris, Mayor City of Dunn PO Box 1065 Dunn, North Carolina 28335 Subject: Final Closeout CDBG 13-E-2604 / Rooms To Go Water & Sewer Project Dear Mayor Harris: We have reviewed the final audit submitted to close the above referenced grant. The company has created the jobs pledged in the Legally Binding Commitment and the construction of the water and sewer lines, and two water storage tanks has been completed. The FY 2016 audit accounted for all CDBG funds expended. The grant is officially closed effective the date of this letter. HUD regulations require all records relating to the grant be retained until January 20, 2022. Congratulations on the completion of your economic development project. We look forward to working with the City on other CDBG projects in the future. Sincerely, George Sherrill Director, CDBG Programs c: Skip Green Nothing Compares_ State of North Carolina I Office of the Governor I East Edenton Street 1 20301 Mail Service Center I Raleigh, NC 27699-0301 919 814 2121 T P2017-01 02/02/17 DUNN north e.o roll nn U1 V AII�Amerlsa Cily 7aaem rmnmuni maCtert 0 1989'k 2013 .'` l .......� ..� j/. of the City of Dunn, North Carolina Recognizing Kenden Mark Godwin As an Eagle Scout Award Recipient WHEREAS, the Boy Scouts of America is a vital force in the development of our youth through its many programs which encourage the ability of its members to do things for themselves and especially for others; and WHEREAS, one of the major objectives in the Scouting program is to develop citizenship through community involvement, and in addition to working for citizenship merit badges, Scouts are encouraged to participate in community service projects; and WHEREAS, Kenden Mark Godwin was a member of Troop 39 of the Boy Scouts of America and for his community service he will be recognized at the Court of Honor on March 26, 2017; and WHEREAS, Kenden Mark Godwin not only proved himself to be an outstanding member of the Boy Scouts of America, but also attained the highest honor bestowed on a Scout, the Eagle Scout Award, a distinction that will follow him throughout life and will be a beacon to others of the leadership quality and commitment this young man has shown. NOW, THEREFORE, 1, Oscar N. Harris, Mayor of the City of Dunn, North Carolina do hereby recognize Kenden Mark Godwin as worthy of this highest of honors and encourage him to continue his commitment to excellence. Sa ✓ ^chimed, .l &6, fi'2e 2,,d Day. o f Se&uaw 2017. Attest: *eniferM. ortin, Cit Clerk Ca1115i114-OW*,*Kelk1I AAA (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 i Under the North Carolina General Statutes or regulations. i Under the regulations or laws of the United States. [N.C.G.S. 143-318.11(a)(2)] Prevent the premature disclosure of an honorary award or scholarship [N.C.G.S. 143-318.11(a)(3)] Consult with the Attorney To protect the attorney -client privilege. i To consider and give instructions concerning a potential or actual claim, administrative procedure, or judicial 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).