Agenda 01-10-2017Dunn City Council
Meeting Agenda
Tuesday Evening, January 10, 2017
7:00 p.m., Dunn Municipal Building
Call to Order
Invocation
Pledge of Allegiance
SECTION
1) Adjustment and Approval of the January 10, 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) Demolition of Structure — 510 Spring Branch Road — PIN# 1516-71-5790
CONSENT ITEMS
4) Minutes — December 13, 2016
5) Budget Amendment #2
6) Weedy Lot/Assessment Report
7) Request for Disposal of Records
8) Personal/Surplus Property Disposal Request
9) Ordinance Rescinding An Ordinance — 211 W. Harnett Street
10) Ordinance Rescinding An Ordinance — 303-A S. Magnolia Avenue
11) Ordinance Rescinding An Ordinance - 1000 S. King Avenue
12) Ordinance Rescinding An Ordinance - 300 N. Clinton Avenue
13) Ordinance Rescinding An Ordinance — Ashe Avenue (structure behind church)
ITEMS FOR DECISION
14) Reimbursement Agreement For Plug -In Electric Vehicle Charging Station By Duke Energy
16) Consideration of Ordinance to Demolish House — 605-607 S. Fayetteville Avenue — PIN# 1516-45-
7888.000
16) Consideration of Ordinance to Demolish House — 117 Bruce Drive — PIN# 1506-88-3051
17) Consideration of Ordinance to Demolish Structure — 510 Spring Branch Road — PIN# 1516-71-
5790.000
18) Set Date for Budget Retreat — FY 2017-2018
ITEMS FOR DISCUSSION AND/OR DECISION
19)_ Financial Report._
20) Administrative Reports
a. Tax Report
b. Building Report
c. Police Report
21) Announcements
22) Information
23) 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"
SECTION 1.
Adjustmentand Approval
1
of the January 10, 2017
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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modified, or rescinded by the City Council.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.
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City Council Agenda Forte
Meeting Tate® January 10, 2017
SUBJECT TITLE: Demolition of Structure -510 Spring Branch Road
PIN #1516.71.5790,000
Presenter: Chief Building Inspector Steven King
Department: Inspections
Attachment: X Yes No
Description: Notice of Public Hearing
Public Hearing Advertisement Date:
12/30/16 & 1/06/17
The Public has been notified that oral and written comments 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.
BACKGROUND
BUDGET IMPACT:
RECOMMENDATION/ACTION 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.
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 JANUARY 10, 2017 IN THE COURTROOM
OF THE DUNN MUNICIPAL BUILDING.
THE FOLLOWING ITEMS WILL BE DISCUSSED.
PUBLIC HEARING:
(1) A HEARING WAS HELD ON OCTOBER 20, 2016 IN REFERENCE TO
THE STRUCTURE LOCATED AT 510 SPRING BRANCH ROAD.
AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE
PROPERTY IS IN VIOLATION OF N.C.G.S. 160A — 428. AN ORDER WAS
ALSO PLACED TO OWNER(S), MUNISHREE, LLC TO REPAIR OR
DEMOLISH SAID STRUCTURE. TO DATE, NO RESPONSE HAS BEEN
MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO
ADOPT AN ORDINANCE TO HAVE THE STRUCTURE REMOVED AND
ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY.
ALL PERSON DESIRING TO BE HEARD, EITHER FOR OR AGAINST THE
PROPOSED ITEMS SET FORTH ABOVE, ARE REQUESTED TO BE PRESENT
AT THE ABOVE MENTIONED TIME AND PLACE,
STEVEN KING
CHIEF BUILDING INSPECTOR
CITY OF DUNN
Advertise:
December 30, 2016
January 6, 2017
DUNN
DUNNDUNN
All•AmericaC14
All -America City
1 I
City Council agenda Form 1 1
Meeting date: January 10, 2017
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SUBJECT TITLE:
Minutes— December 13, 2016
Presenter:
Department:
Attachment: X Yes No
Description: December 13, 2016 — Minutes
Public Hearing Advertisement Date: N/A
PURPOSE:
Attached please find the minutes of the December 13, 2016 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, December 13, 2016, at 7:00 p.m. in the
Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tem Billy Tart, Council Members Buddy
Maness, Gwen McNeill, Frank McLean, Billy Tart, Chuck Turnage and Billy Barfield. 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 Mug, Planning Director Samantha Wullenwaber, Chief
Building Inspector Steven King, Police Chief Bill Halliburton, Recreation Director Brian McNeill, Human Resources
Director Anne Thompson, Librarian Mike Williams, Attorney P. Tilghman Pope, City Clerk Jennifer Fortin, Deputy
City Clerk Melissa Dudley and Daily Record Report Melody Brown -Peyton
Mayor Harris introduced the new Police Chief, William Halliburton
INVOCATION
Mayor Harris opened the meeting at 7:00 p.m. and asked Reverend Dennis Manuel, Police Chaplain and Apostle of East
Granville Street Church 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 December 13, 2016 meeting
agenda with changes, if any, as listed below.
Agenda Items Added:
• none
Agenda Items Removed:
• none
Motion unanimously approved.
PRESENTATION
Proclamation Presentation — Clem Medley
Mayor Harris noted he presented a proclamation to Mr. Clem Medley at his retirement party on December 12, 2016. A copy
ofProcimnation (P2016-26) is incorporated into these minutes as Attachment #1.
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.
PUBLICHEARINGS
Conditional Use Permit — Cu-03-16
James D. West
110 S. Wilson Avenue & 12 E. Broad Street
PIN# 1516-67-4017.000 & 1516-67-3195.000
This is a request for a Conditional Use Permit [Zoning Ordinance Article IX Section 22-461 (6)(m)] from James D. West.
The conditional use will allow the operation of a banquet hall/event venue.
The Public Hearing is the opportunity for the Council to hear sworn testimony and receive specific evidence from the public
to include any party for or against the request. During the deliberation for decision questions may only be asked to clarify
previous testimony.
The Public Hearing was duly advertised on November 10, 29 and December 6, 2016,
Attorney Pope introduced CU-03-16, a request from James D. West for a Conditional Use Permit to allow for the operation
of a banquet hall/event. The hearing on this matter is judicial in nature and will be conducted in accordance with special due
process safeguards.
Swearing -In:
Attorney Pope administered oaths to:
Planning Director Samantha Wullenwaber
dannesD. West
Attorney Pope explained that testimony will first be given by City Planner Director Samantha Wullenwaber, then from the
applicant and their witnesses, and then from opponents to the request. Parties may cross-examine witnesses after the witness
testifies when questions are called for. If you want the Council to see written evidence, such as reports, maps, or exhibits, the
witness who is familiar with the evidence should ask that it be introduced during or at the end of his or her testimony. Reports
from persons who are not present to testify will not be accepted. Attorneys who speak should not give factual testimony but
may summarize their client's case. Before beginning your testimony, please clearly identify yourself for the record.
Attorney Pope opened the hearing on Case #CU-03-16 Conditional Use Permit Application and asked for testimony from
City Planner Samantha Wullenwaber.
Testimony from the Planner
Planning Director Samantha Wullenwaber asked that the documents contained behind tabs #4 and #17 in the City Council
packet which includes the conditional use application, Planning Department staff report, statement of justification from the
applicant, maps and all other material be entered as evidence. (A copy of these documents entered as evidence for Case CU-
03-16 Conditional Use Pen nit is incorporated into these minutes as Attachment #2).
Planning Director Wullenwaber stated that the property is located at 110 S. Wilson Avenue and 120 E. Broad Street and is
currently zoned C-1, Central Commercial District. The property is currently vacant. The applicant would like to have a
banquet hall/event venue at this location. The property is the former Rhett House Interiors building. One building is
approximately 5,400 sq. ft. and the other building is approximately 3,300 sq. ft. There are no parking spaces required because
in the Central Commercial District does not require parking because there is on street parking. There are about 75 on street
parking spaces in the downtown area of Broad Street and Wilson Avenue and this does not include the two public parking
lots.
Everything around this property is zoned C-1, Central Commercial District. There is retail businesses, a bank, and restaurants
with there being a variety of commercial uses in the area. The Land Use Plan does identify this area as commercial on the
2030 Land Use Plan and is located in area three.
Water and sewer services are available to this site.
The properties is within the Dunn City limits and all public services would be available.
The properties are downtown and have frontage on S. Wilson Avenue and E. Broad Street.
The conditional use request is to allow the operation of a banquet hall/event venue. The properties are currently vacant and
they are connected internally, although there are two PIN numbers. The parking requirement is waived in the Central
Commercial District per the zoning ordinance. All parking will be on street and using public parking lots.
Conditions may be placed upon the application, only if the applicant agrees to them
Attorney Pope inquired if anyone that was sworn in had any questions for the City Planner.
There were no public questions at this time.
Attorney Pope inquired if Council had any questions for the City Planner.
Council Member Tentage asked if the applicant was aware of the challenges for garbage pick-up. Council Member Tumage
was given a head nod of yes by the applicant.
Mayor Harris inquired if the applicant was also the owner.
City Planner Wullenwaber believed so but the applicant would be better to answer the question.
Testinnonyfr'on theApplieant/Proponents
Attorney pope explained that we will now here from the applicant and other proponents. If there are attorneys or other
representatives who will give a general summary of the client's position, we'd like for you to go first.
James D. West, applicant noted that as far as the trash goes, he takes care of that himself.
Attorney Pope inquired if anyone had questions for the applicant.
Mayor Harris inquired if the applicant was going to be the owner and operator of the facility.
Mr. West indicated he will be the operator and will have someone be in charge of the day to day operations
Testimony from Opponents
Attorney pope explained that we will now here from people opposing the request. If there are attorneys or other
representatives who will give a general summary of the client's position, we'd like for you to go first.
There were no oppositions to the request.
Attorney pope stated hearing no more testimony, we will now entertain any further questions from the City Council Members
for the applicant, proponents or opponents at this time. Once the public hearing is closed, the only questions posed to the
applicant, proponents or opponents shall be for clarification. No new evidence can be introduced after closing the Public
Hearing. Additionally, if there are any conditions that the Council would like to consider on the granting of the conditional
use permit, they must be agreed to by the applicant and they must be asked that the applicant here at this time whether or not
he will agree to them. Are there any other questions of the Council of anybody before we close the Public Hearing?
Council Member Barfield inquired if either street or one street would be used for entering and exiting the property.
Mr. West replied that both streets would be used.
Council did not have any conditions for the applicant to consider for the granting of the conditional use application.
Mayor Harris inquired to entertain a motion to close the Public Hearing.
Motion by Council Member Barfield and seconded by Council Member Tumage to close the Public Hearing. Motion
unanimously approved.
Demolition of House
604-606 S. Fayetteville Avenue
PIN# 1516-45-7909.000
The public has been notified that oral and written comments will be heard and received concerning the demolition of the
dwelling located at 604-606 S. Fayetteville Avenue, Dunn, NC.
The public hearing was duly advertised on November 29, 2016 and December 6, 2016.
Lee Brown, owner of the property noted he has put a lot of money into the renovation and he is half way through from a total
re -gut. I am asking for a 60-day extension to complete the renovations.
Chief Building Inspector Steven King noted Mr. Brown has worked very hard on getting this property up to code and I would
recommended another 60 days to complete the renovation.
There were no other comments at this time.
Demolition of House
117 Bruce Drive
1506-88-3051.000
The public has been notified that oral and written continents will be heard and received concerning the demolition of the
dwelling located a 117 Bruce Drive, Dunn, NC.
The public hearing was duly advertised on November 29, 2016 and December 6, 2016.
Derek Ryals 121 Bruce Drive and Donald Ryals 121 Bruce Drive noted the property does need a lot of work and that the
materials have been purchased to bring the property to code. We are currently in the deconstruction phase of the property and
are here to ask for more time. The property is not an eye sore.
Chief Building Inspector Steven King noted there has been some exterior paint done and a few windows were replaced. Some
clean-up has been done but not a whole lot.
Mr. Ryals stated they have several thousand dollars of material for the house for floor joists and all the sheetrock, vinyl
siding and paint and I am asking for more time approximately 3-6 months.
Council Member Maness inquired as to when the project started.
Mr. Ryals stated he has been gathering the materials for a while.
Council Member Maness stated if we gave you a maximum of 6 months would the property be done in that time frame.
Mr. Ryals stated he wasn't sure if it would be done but it would be livable.
Council Member Turnage inquired if the property was going to be rented or not.
Mr. Ryals stated that decision hasn't been made yet.
Council Member Turnage inquired to Building Inspector King since the property is not livable they would need to get a
certificate of occupancy once they have met the requirements.
Building Inspector King stated yes.
Mayor Harris stated that communication and keeping the Building Inspector informed was key.
Council Member Tart commented on the previous comment by Mr. Ryals when he stated the property was not an eye sore.
Council Member Tart stated to him the property was an eye sore when there is debris outside, but he would like to see the
property cleaned up outside within the first 30 days.
There were no public comments at this time.
Demolition of House
605-607 S. Fayetteville Avenue
1516-45-7888.000
The public has been notified that oral and written comments will be heard and received concerning the demolition of the
dwelling located at 605-607 S. Fayetteville Avenue, Dunn, NC.
The public hearing was duly advertised on November 29, 2016 and December 6, 2016,
J. Jaison Joyner, Jr. 6264 Mt. Olive Hwy Mt. Olive, NC and owner of 605-607 S. Fayetteville Avenue. Mr, Joyner noted he is
trying to fix the property. I do need to do some electrical work and safety work inside. I have contacted electricians and have
been told it is too close to Christmas and don't have time until after the first of the year. I am here asking for time to get the
electrician in there and get some other work done. I am asking for a few months.
Council Member Turnage noted the property has been boarded up for quite some time.
Chief Building Inspector Steven King stated Mr. Joyner has kept him up to speed with everything and Mr. Joyner is working
on buying out the other owner and make all the repairs himself. Mr. Joyner did apply for a permit on September 30, 2016 to
repair the porches and doors. I also stated to Mr. Joyner the work on the outside would not be enough to bring the property up
to code, but as of today 1 haven't been in to complete an inspection of the house and there is no current permit issued for any
repairs.
Council Member Barfield inquired about the time frame given to the property owner.
Building Inspector King noted the General Statutes notification is within 10 days.
Council Member Maness asked if 2 months was realistic to get the work done.
Building Inspector King stated 2 months would be good, if they got in there and started working.
There were no public comments at this time,
CONSENTITEMS
Minutes — Council considered approval of minutes of the November 8, 2016 City Council Meeting.
Consideration of Ordinance Rescinding an Ordinance directing the Building Inspector to remove or demolish the property
located at 411 East Cleveland Street, Dunn, NC - A copy of Ordinance (02016-24) is incorporated into these minutes as
Attachment #3.
Consideration of Ordinance Rescinding an Ordinance directing the Building Inspector to remove or demolish the property
located at 808 North King Street, Dunn, NC - A copy of Ordinance (02016-25) is incorporated into these minutes as
Attachment #4.
Consideration of Ordinance Rescinding an Ordinance directing the Building Inspector to remove or demolish the property
located at 912 North Ellis Avenue, Dunn, NC - A copy of Ordinance (02016-26) is incorporated into these minutes as
Attachment 0.
Consideration of Ordinance Rescinding an Ordinance directing the Building Inspector to remove or demolish the property
located at 507 North Ellis Avenue, Dunn, NC - A copy of Ordinance (02016-27) is incorporated into these minutes as
Attachment #6
Consideration of Ordinance Rescinding an Ordinance directing the Building Inspector to remove or demolish the property
located at 405 North Washington Avenue, Dunn, NC - A copy of Ordinance (02016-28) is incorporated into these minutes as
Attachment #7.
Consideration of Resolution authorizing the disposition of personal property - A copy of Resolution (R2016-25) is
incorporated into these rninutes as Attachment 118.
Motion by Council Member Barfield and seconded by Council Member McLean to approve all consent items. Motion
unanimously approved.
ITEMS FOR DECISION
Audit Report
FY 2015-2016
Phyllis Pearson from Petway, Mills & Pearson, PA, presented the Audit Fiscal Year 2015-2016 to Council. Ms. Pearson
noted a single audit was conducted under government auditing standards and those were also unmodified and there were no
significant deficiencies non-compliance that were required to be reported to the state or federal government.
Mayor Harris stated there were no corrected or uncorrected misstatements and there were no disagreements with management
and they we did not seek any second opinions of management representation as far as other auditors concerns. There was no
difficulty in completing the audit and no questionable items.
Motion by Council Member Tart and seconded by council Member Maness to approve the Audit for Fiscal Year 2015-2016
as presented. Motion unanimously approved.
Consideration of Resolution adopting the
2017 Regular Meeting Schedule for the
City of Dunn City Council
Mayor Harris stated a Council Member noted that the February meeting falls on Valentine's Day and if there is no objection
by Council we should move that to first Tuesday in February, which is the 7".
Council Member Barfield stated he would not be present if the meeting was moved to February 7, 2017.
Motion by Council Member Tart and seconded by Council Member Maness to change the meeting date on Tuesday,
February 14, 2017 to Tuesday, February 7, 2017 and adopt the schedule as presented. Motion unanimously approved. A
copy of Resolution (R2016-26) is incorporated into these minutes as attachment #9.
Conditional Use Permit CU-03-16
James D. West
110 S. Wilson Avenue & 120 E. Broad Street
1516-67-4017.000 & 1516-67-3195.000
A request was received from James D. West for the operation of a banquet hall/event venue at 110 S. Wilson Avenue and 120
E. Broad Street. This property is currently zoned C-1, Central Commercial District.
The Planning Board met on November 17, 2016, reviewed the request and asked for comments from the public. The
applicant was present and spoke on behalf of the request and there was no opposition from the public. The Planning Board
recommended in a unanimous vote to approve this request.
Motion by Council Member Turnage and seconded by Council Member Maness to grant the Conditional Use Application
CU-03-16 with no additional conditions and to include the finding of facts as follows:
• Per Zoning Ordinance Article IX Division 1 Section 22-461 (6) M, the Conditional Use is listed in the Ordinance.
• The requested use is desirable to the public convenience and desirable to the welfare of the public.
• The property and surrounding property is currently commercial. The property uses are commercial in nature.
• The location of the request is surrounded by Central Commercial Zoning Districts and uses. The issuance of this
permit will be appropriate with the anticipated growth pattern of commercial use identified in area three of the 2030
Land Use Plan.
• All facilities are available at this location.
Motion unanimously approved.
Consideration of Ordinance to Demolish House
604-606 S. Fayetteville Avenue
PIN# 1516-45-7909.000
Chief Building Inspector Steven King has conducted an inspection at 604-606 S. Fayetteville Avenue and based upon his
observations, the structure failed to comply with the minimum standards for fitness established by the Minimum Housing
Code of the City of Dunn. The Building Inspector also found the dwelling to be 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 the N.C.G.S. §160A-
443, the City Council has the power to proceed with the demolition of this property.
Should Council decide to proceed with the demolition of the dwelling at 604-606 S. Fayetteville Avenue, an ordinance would
need to be approved directing the Building Inspector to remove ore demolish said structure.
Council Member Barfield noted this property location is an eye sore and a problem for years.
Building Inspector King stated he was in favor of granting a 60 day extension.
Attorney Pope stated this property does not include a one year waiting period and you could table the matter for 60 days.
Council Member McLean stated it would be in poor taste now after the owner has spent thousands of dollars on the property
to fix it to not table the matter for 60 days.
Motion by Council Member McLean and seconded by Council Member McNeill to table this matter for 60 days. Motion
unanimously approved.
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.
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.
Building Inspector King noted there has not been a lot of progress on this property.
Mayor Harris noted the first thing Council Member Tart addressed was to get the outside cleaned up and then get in touch
with you and keep you informed and try to see if we can work out a situation where we give him time to bring the property
into compliance.
Attorney Pope noted this property does not have a one year waiting period. If you wanted to give it time the proper procedure
would be to table it for some period time.
Motion by Council Member Maness and seconded by Council Member Turnage to table this issue until the next Council
meeting and get an update and see how progress is being made and if progress is not being made we can take other action.
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 the property.
Should Council decide to proceed with the demolition of the dwelling 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 table this issue until the next Council
meeting and get an update and see how progress is being made and if progress is not being made we can take other action.
Motion unanimously approved.
Mayor Harris noted communication with Building Inspector King is very important.
Adoption of Resolution for a
Special Order by Consent/proposed Engineering Report
Council is being asked to adopt a Resolution for a Special Consent by Order with the State of North Carolina Department of
Environmental Quality Division of Water resources along with the Special Order by Consent Application. Also approve the
Engineer Services to perform the proposed Engineering Report (PER) required for the Special Order by Consent Application.
The City of Dunn has continued to have Sewer System Overflows (SSO) hen significant rain events have occurred. The most
recent events were in November and December 2015 and January and February 2016 and Hurricane Matthew in September
2016. The City was levied fines for all overflow except Hurricane Matthew.
The City staff along with engineers from DM met with staff from NC Department of Environmental Quality Division of
Water Resources on June 29, 2016 on how the City was going to handle decreasing some of these overflows. During the
discussion, it was recommended that the City apply for a SOC which would allow us time to address the overflows and
eliminate the fines that we are receiving.
City Manager Autry noted this topic has been discussed for several years. What is before you is a proposal that we discussed
at the last retreat in reference to a preliminary engineer's report that is required by the state before we can do anything
anymore. We were looking at a full in depth report/evaluation that would also include an expansion of the wastewater plant
several years down the road. We met with staff at North Carolina Department of Environmental Quality Division of Water
Resources in June and talked with them about the overflows and situation about what was going on. In the conversation we
are continuing to work with them and stating that the funds are not available to do all the things they are looking at us to do.
IN our discussions we were looking at phases on how to do these repairs and eliminate all the overflows that we can. Fines
have been assessed at just under $10,000 for the rain events in November and December 2015 and January and February
2016 and Hurricane Matthew in September 2016. A strong possibility would be to put another 3 million gallon retention tank
over at the Eastside Pump Station. That would hold a considerable rain event. And that would be Phase 1. Phase 2 would be
that they want us to upgrade some wastewater lines, and we would move forward with that portion of the project when DOT
moves forward with the I-95 widening project and DOT would replace those lines for us. We have to submit a Special Order
by Consent and time lines need to be listed that you are going to meet. This is starting the process for the state to review and
we would go back and forth with them. The initial study that was proposed to include the wastewater plant and the expansion
$125,000 so that is why we went back to the state and they agreed that we could cut it back to do our first phase. The funds
would be coming out of our Water/Sewer Fund Balance.
Mayor Harris inquired if the City had received proposals from engineering companies in reference to preparing this.
City Manager Autry noted that other engineering firms are in line with the hourly rate.
Mayor Harris inquired if $54,000 for the study if the projects were accepted be added to the project itself and be reimbursed
for the $54,000 we have to advance to get the study done?
City Manager Autry stated yes and we will be going after grants and low interest loans.
Council Member Turnage stated at the next retreat I would like Dean and Mike to go over the maps with Council and what it
means to us so we can more visual it and what is the plan of action this is associated with and the cost associated with it too.
Mike Goliber — Davis Martin Powell stated he can bring maps and show the targeted areas to the next retreat
Motion by Council Member Maness and seconded by Council Member Barfield to adopt the Resolution of Special Order by
Consent as presented and to include the budget amendment. Motion unanimously approved. A copy of Resolution (R2016-
27) is incorporated into these minutes as attachment #10.
Consideration of Cemetery Flower Guidelines
Assistant City Manager Neuschafer noted the Cemetery Advisory Board has met and approved the following language,
which is common language used by other local municipal cemeteries:
FLOWER GUIDELINES
• WITHIN 7 DAYS AFTER FUNERAL SERVICES, ALL FRESH AND ARTIFICIAL FLORAL
ARRANGEMENTS EXCEPT ONE, SHALL BE REMOVED.
• ONLY I FLORAL ARRANGEMENT PER GRAVE SPACE SHALL BE PERMITTED.
• ALL HOLIDAY FLORAL ARRANGEMENTS SHALL BE REMOVED WITHIN 3 WEEKS AFTER THE DATE
OF THE SAID HOLIDAY.
• AFTER APPROPRIATE TIME LIMITS AFTER FUNERAL AND HOLIDAYS, THE CITY OF DUNN WILL
REMOVE ALL ARRANGEMENTS, EXCEPT ONE.
• FLORAL ARRANGEMENTS SHALL BE PLACED SO AS TO BE SECURE ON TOP OF MONUMENTS,
SECURE IN FLOWER VASES IN THOSE MARKERS SO DESIGNED, OR ON TRIPODS AVAILABLE FROM
FLORIST.
• THE CITY OF DUNN WILL NOT BE RESPONSIBLE FOR FLORAL ARRANGEMENTS THAT ARE: LOST,
STOLEN, BLOWN AWAY FROM GRAVESITE BY WIND OR DAMAGE DURING MAINTENANCE
PROCEDURES BECAUSE OF IMPROPER PLACEMENT.
• THE CITY OF DUNN WILL REMOVE ALL FLOWERS THAT, ONCE FRESH HAVE DIED OR WILTED, OR
ARTIFICIAL, HAVE DISCOLORED OR DETERIORATED AND ARE NO LONGER ATTRACTIVE.
Motion by Council Member Barfield and seconded by Council Member McLean to accept the cemetery. Motion
unanimously approved.
Consideration of Street Light Conversion
The purpose of this request is to look at a proposed project to convert every streetlight in the City to LED technology.
Resulting in a monthly savings for the City. Moreover, the City will be trying to achieve a more uniform streetlight coverage
and quality for the traveling public. City Staff will review the current accounting or streetlights before proceeding with the
project if authorized.
In an effort to reduce energy usage Duke Energy Progress has offered a program for municipalities to swap out older fixtures
and install LED type fixtures. The City did a pilot project with the streetlights on US 421 from Powell Avenue to the
"Walmart bridge" last year. Currently there are three types of light bulbs lighting the City sheets; High Pressure Sodium,
Metal Halide, and LED (light emitting diode). There are 1480 street lights that are currently billed to the City and a project to
convert the light would spam approximately three months.
There is a one-time cost for fixtures whose initial contract period is not yet expired; 163 lights are newer and there will be a
one-time charge of $13,735 to convert those lights. Changing out all of the lights will reduce our monthly charge for
streetlights from $16,997 to $15,210 ($1,787 [11%] savings per month) the initial charge for conversion will be covered with
the first 8 months of savings.
Motion by Council Member Maness and seconded by Council Member Barfield to authorize the City Manager to enter into
an agreement with Duke Energy Progress to convert all the existing streetlights throughout the City to LED. Motion
unanimously approved.
Resolution Adopting the Harnett County Comprehensive Transportation Plan Update
The Harnett County Comprehensive Transportation Plan was adopted in 2011. An update needed to be completed to reflect
the growth and changes in the County. During the past year the North Carolina Department of Transportation has worked
with each municipality and county planning staff to update the plan.
Planning Director Wullenwaber noted this plan is in conjunction with all the different municipalities and Harnett County as
well as Harnett County Planning. The plan was adopted in 2011 and this is an update to add pedestrian and bicycle runs.
Motion by Council Member McLean and seconded by Council Member Barfield to adopt the Resolution of the
Comprehensive Transportation Plan Update for Harnett County. Motion unanimously approved. A copy of Resolution
(R2016-28) is incorporated into these minutes as attachment #11.
Resolution to apply for an
EPA Brownfield's Assessment Grant
The City is looking for approval to apply for a US Environmental Protection Agency (EPA) Brownfield's Grant. This is a
100% federally funded grant and is designed to work together with the EPA in a timely manner to prevent, asses, and create
the opportunity for reuse abandoned or contaminated properties.
IN 2013 the City successfully applied for and won a $400,000 grant and we are seeking another round of funding to continue
the EPA Brownfield's Program in our community. This grant cycle is for $300,000.
The City of Dunn has multiple abandoned industrial sites, old gas stations, and other areas with potential hazardous
substances and petroleum pollution. This grant would allow for the assessment of those properties and create a plan that
would demonstrate precisely what was needed to clean up the site and redevelop it. This is a great tool that could potentially
create new parks, greenways, museums, etc. and attract new business to Dunn. The possibility of growth, change, and
redevelopment is endless.
There are no matching funds required by the City of Dunn and all funds will be available up front or as needed.
Motion by Council Member Turnage and seconded by Council Member Maness to adopt the Resolution authorizing an
application for Environmental Protection Agency Brownfield Assessment Fund. Motion unanimously approved. A copy of
Resolution (R2016-28) is incorporated into these minutes as attachment #12.
Election of Mayor Pro Tern
Mayor Harris deferred this issue until a later date.
Meter Reading Contract with Envirolink
Finance Director Mark Stephens noted the City has two meter reading positions. Currently, one of those positions is vacant.
We have had difficulty in recruiting and retaining these positions within the last year. We began to look at other alternatives.
One alternative was to contract a portion of the City's meter reading. We discovered there were some potential savings and
this would be the first step in going to a full automated meter reading system.
The City would still keep one meter reading position and Envirolink would read approximately 3,100 meters. By going with
this contract the City could have a potential savings of $15,153 from benefits and removing the truck expenses. The contract
is for 5 years with a 90 day out if we feel it is not working for us.
Motion by Council Member Barfield and seconded by Council Member McLean to accept going into a contract with
Envirolink for meter reading. Motion unanimously approved.
ITEM FOR DISCUSSION
AND/OR DECISION
Financial Report
Finance Director Mark Stephens provided the following financial report for the period ending October 31, 2016:
• The City as of October 31, 2016 had $1,502,786 in cash in the General Fund and $2,241,137 in the Water and
Sewer Fund. In September 2015 the City had $1,446,887 in the General Fund and $2,011,681 in the Water and
Sewer Fund.
• Property Tax collections were $734,378 or 19.87% of budget. Last year property tax collections through
September were $699,626 or 19.77%
• Sales Tax Revenue is $465,014 or 27.76% of budget. Benchmark for the month is 25.00% of budget.
• Utilities Sales Tax is $160,500 or 20,34% of budget. Benchmark for this month is 25.00% of budget.
• Building Permit Fees were $28,997 or 44.61 % of budget. Benchmark for this month is 33.33% of budget.
• Water and Sewer Revenues were $1,678,059 or 37.29% of budget. Benchmark for this month is 3333% of
budget
• Expenditures were 30.88% of budget in the general fund and 27.20% of budget in the water and sewer fund.
The benchmark for this period is 33.33% of budget.
Mayor Harris noted he would like to see a more current report at the next meeting.
Motion by Council Member Tart 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 Barfield and seconded by Council Member McLean to accept the Administrative Reports.
Motion unanimously approved.
ANNOUNCEMENTS
The following announcements and/or comments were made.
Mayor Harris:
➢ Mayor Harris received a letter on behalf of a citizen from a retired Doctor who wrote a check to me personally and I
endorsed it over to the City for deposit. The Doctor had a flat tire and a citizen help him get it fixed. The Doctor was
from the School of Medicine at UNC and at one time was in charge of Department of Pathology and Laboratory
Medicine. I would like to turn this letter over to the press and see if they can find out who the person was helped the
Doctor and we could recognize this individual for that particular event.
➢ City offices will be closed on Friday, Monday and Tuesday December 23`d, 26", and 2T" for Christmas and
Monday, January 2nd 2017 for New Year's Day
➢ The next regular City Council meeting is scheduled for Tuesday, January 10, 2017 @ 7:00 p.m.
➢ Mayor Harris noted of the non -profits the City has supported over the years, especially the Dunn United Ministerial
Association and just today they served 213 people at the food pantry. I would like to thank them, all the churches
and all the volunteers and individuals who make contributions throughout the year.
Council Member Tumage offered a birthday celebration greeting to the Army National Guard on December 13, 1636,
Council Member McLean wished everyone a good and prosperous holiday.
Council Member Maness noted he helped at the Food Pantry and wanted to thank the businesses and churches that made a
special effort financially to be able to acquire in excess of 200 turkeys. He also wished everyone a very Merry Christmas and
a very prosperous and Happy New Year. I apologize to our City employees for not being able to attend the luncheon for
them. He thank the City employees, department heads and staff for the job they do every day of the year.
Mayor Harris noted on behalf of the Mayor's office and Council, City Attorney and City Manager and staff we wish each and
everyone one of you a very Merry Christmas and a safe, healthy, happy and prosperous New Year.
Council Member Barfield thanked the Mayor and his family for their contribution to the Dunn museum.
Motion by Council Member Barfield and seconded by Council Member McNeill to adjourn the meeting at 8:30 p.m. Motion
unanimously approved.
Oscar N. Harris
Mayor
Attest:
Jennifer M. Fortin, CMC
City Clerk
wu_D
1 1 City Council ,Agenda Form 11111f
Meeting Date.: January, 10 2017
SUBJECT TITLE: Budget Amendment #BA-2
Presenter: Mark Stephens
Department: Finance
Attachment: Yes x No
Description: Budget Amendment # 2
Public Hearing Advertisement Date:
N/A
PURPOSE: To have funds available for capital improvements to Tart Park facilities.
Funds would be used to demolish the existing concession / bathroom building and build a stand-alone bathroom at
Tart Park off of the Elm Street entrance. Additionally, city staff will let contracts to renovate the Dr. P.K. Vyas M.D.
Recreation Center and the Dunn Community Center buildings to include LED lighting replacement program and
consolidating Recreation Dept. office space into the P.K. Vyas. M.D. Recreation Center.
BACKGROUND:
In the evening of November 8'h, 2016 there was an electrical fire in the concessions / bathroom building
at Tart Park. Due to the age and condition of the building we will be razing the structure.
BUDGET IMPACT: Please see justification on Budget Attachments,
RECOMMENDATIONIACTION REQUESTED: Approve Budget Amendment #2 for fiscal year 2016/2017.
CITY OF DUNN
REQUEST FOR BUDGET REVISION
FISCAL YEAR ENDING 6/30/2017
Department: Recreation
Budget Amendment# BA-2
Date: 1/1012017
FUND
BUDGET CODE
LINE ITEM DESCRIPTION
Appropriation
Before
Amendment
Amount of
Amendment
Increase/Decrease
Appropriation
After
Amendment
General
10-620-7401
Parks/Building Capital Improvements
$ -
$ 100,000.00
$ 100,000.00
General
10-500-5500
Deductible Reimbursement
50,000.00
(40,000.00)
10,000.00
General
10-510-0600
Employee Insurance
340,300.00
(35,000.00)
305,300.00
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a 0Uu,0uu.uv y GQ,vvv.vv. y ' 15,JVv.w
FUND
BUDGET CODE
LINE ITEM DESCRIPTION
Appropriation
Before
Amendment
Amount of
Amendment
Increase/Decrease
Appropriation
After
Amendment
General
10-399-0800
Insurance Proceeds
$ -
$ 25,000.00
$ 25,000.00
REVENUE TOTAL: $ - $ 25,000.00 $ 25,000.00
CERTIFICATION: I certify this requested budget amendment was approved by the City Council on:
City Manager: Date:
Finance Director. Date:
JUSTIFICATION: To make necessary renovations at Tart Park and PK Vegas Center.
FUNDING SOURCE: Insurance proceeds from fire damage at park building of $25,000.
Cost savings from switching health insurance mid -year
A MM DD
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131 ❑Church, place of worship
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429 ❑Multi -family dwelling 615 ❑ Electric generating plant
213 ❑Elementary school or kindergarten
439 ❑ Rooming/boarding house 629 ❑ Laboratory/science lab
215 ❑High eehool or junior high
449 ❑ Commercial hotel or motel 700 []Manufacturing plant
241 []College, adult education
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DES O4306 11/08/2016 16-0004990
04306 INC I 1 11 U 2016 DE1 16-0004998 000 complete
MID * state .A. Incident Data .A. station Incident 11u ftr * LXpenare * NHcr861V0
Narrative:
(11/08/2016 20:28:47 : pos2 : HWILKINS)
DUKE ENERGY ONS
[11/08/2016 20:14:51 : pos4 : JLITTLE)
DUKE ENERGY ADV 20 MIN ETA ON S ELM
(11/08/2016 20:11:03 : pos2 : HWILKINS)
DUKE ADV WILL CALL WITH ETA
[11/08/2016 19:56:35 : pos2 : HWILKINS]
DUKE ENERGY ADV
(11/08/2016 19:55:08 : pos2 : HWILKINS)
BENSON ADV
[11/08/2016 19:54:30 : pos2 : HWILKINS]
XCEL BENSON
[11/06/2016 19:47:54 : pos2 : HWILKINS]
SINGLE STORY BRICK STRUCTURE SMOKE SHOWING
[11/08/2016 19:45:48 pos6 : AKOZIK)
BENSON ADV
(11/08/2016 19:45:35 posl i BPAGE0671]
(Calls 1611-130461,1611-130482 are related.)
(11/08/2016 19:45:23 pos2 : HWILKINS)
** EFD Case Complete **
Determinant; COMMERCIAL/INDUSTRIAL building
[11/08/2016 19:44:45 : pos2 : HWILKINS]
** EFD Key Questions Finished **
Determinant: COMMERCIAL/INDUSTRIAL building
Key Questions:
6. No one is trapped inside the structure.
7, The exact location of the fire is: CONCESSION STAND
8. No one is reported to be injured.
(11/08/2016 19:44:15 : pos2 HWILKINS)
** EFD Recommended Dispatch **
Response Text: Code 3
Dispatch Level: 69D03
CAD Incident Code: FIRE COM SIR
Determinant: COMMERCIAL/INDUSTRIAL building
Key Questions:
1. The caller is on scene (2nd party).
. Smoke is visible.
3. The incident involves a COMMERCIAL/INDUSTRIAL building.
4. No hazardous materials are reported.
5. A single -level structure is involved.
DES 04306 11/08/2016 16-0004996
04306 LNCJ 111 j B1 2016 D21 16-0004998 000 complete
MID * state * Incident Date * statien Ineldent jhU ar * DK pome * Narrative
INarratlVa:
(11/08/2016 19:43:10 : pos2 HWILKINS)
** EFD Case Entry Finished **
Chief Complaint Number: 69
Chief Complaint: Structure Fire
Problem Statement: STRUCTURE
(11/08/2016 19:42:22 : pos2 : HWILKINS]
CONCESSION STAND IS SMOKING NO ONE INSIDE SAME
(11/08/2016 19:41:48 : pos2 : HWILKINS)
Cross streets: S WASHINGTON AVE//CRESTVIEW DR
Landmark: TART PARK
ALI X Coordinate:-078.610311
ALI Y Coordinate: 035.295907
**Nearest Address: None
------------------------------
11/08/2O16 22:56:18 dwallace
District 15 fire dispatched to the concession stand at Tark Park in reference to a structure
fire. 1542 arrived on location to find a single story brick structure light smoke showing
from division c/d corner 1504 I/C. The park director was on location with a key to the doors
and the doors were accessed by 1542 crew who made entry in the electrical room where the fire
was located and same was knocked down. Once the room was visible through the smoke, the fire
was coming from the electrical panel on the wall. 1542 crew and 543 crew made access through
the attic apace noting that the fire was still burning inside the pvc pipe that the wire was
in. 1504 deem not to put the fire out until Duke energy arrived on scene. Duke Energy
arrived on scene and disconnected the power from the transformer and stated same was safe to
put water on. 1542 crew made access into the attic and was able to extinguish the fire.
Building turned back over to the Director of the park.
Brian McNeill
910-391-9975
Recreational Director
Rudy Dennis
Duke Energy Representive
DES O4306 11/08/2016 16-0004990
DUNN
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1 r
City Council Agenda Form 1 r
°
Meeting Date. January 10, 2017 °
1989 * 2013
19891If 2013
SUBJECT TITLE: Weedy Lot/Assessment Report
Presenter:
Department:
Attachment: X Yes
No
Description: Weedy Lot/Assessment Report
Public Hearing Advertisement Date:
PURPOSE:
For your information, regarding the amount of money collected for weedy lots and assessments.
BACKGROUND:
The collection of the weedy lot fees and assessments have been stagnant for some time with residents
failing to comply and pay what is owed. The clerk has started the process of collecting what is owed
and has started placing liens on the property for non-compliance.
BUDGET IMPACT:
RECOMMENDATION/ACTION REQUESTED:
north carolina
URDUNN
city of dunn
POST OFFICE BOX 1065 ^ DUNN, NORTH CAROLINA 28335
(910) 230-3500 • FAX (910) 230-3590
www.dunn-ne.org
1 on i a January 3, 2017
Collection Report Update between November 1, 2016 and January 3, 2017
WEEDY LOT REPORT
Mayor
Oscar N. Harris
Mayor Pro Tem
Billy Tart
Council Members
Buddy Maness
Dr. Gwen McNeill
Frank McLean
Chuck Turnage
Billy Barfield
City Manager
Ronald D. Autry
AS OF THIS DATE THE CITY HAS COLLECTED $7,259.90 for an increase of
870.64.
CURRENTLY THERE ARE 9 INDIVIDUALS ON A PAYMENT PLAN. 7
ASSESSMENT REPORT
AS OF THIS DATE THE CITY HAS COLLECTED $120,090.09 for an increase
of 4 023.50.
CURRENTLY THERE ARE -7 INDIVIDUALS ON A PAYMENT PLAN. 5
JENNIFER M. FORTIN, CMC
CITY CLERK
DUNN
4►®eMee CrfY
1989}3013
DUNN
a D
i"�tle Tom'"T DUNN
\VI Il\VI
WJ-
i I V of doon
1 f
City Council Agenda Form
19P9 {Y 1011
IwM{+61\
Meeting Date, Jan. 10, 2017
SUBJECT TITLE:
Request for Disposal of Records
Presenter: Mike Williams
Department: Library
Attachment:
Yes No
Description: Outline of records for disposal
Public Hearing Advertisement Date: N/A
PURPOSE: Department wishes to dispose of old, unused business records.
BACKGROUND: Space considerations make removal of records described herein desirable. Said records
are to be destroyed in accordance with 2015 Municipal Records Retention Disposition Schedule.
BUDGET IMPACT: -0-
RECOMMENDATION/ACTION REQUESTED: Approve destruction/disposal of described records.
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.
Destruction of Records- Libra Department
(Department)
Submitted for the Janua 10 2017 City Council Meeting
REQUEST FOR DISPOSAL OF RECORDS
v
Invoices and packing lists
Destroy in office after 3
July 1, 2011 thru Dec. 31,
years
2013
Routine correspondence &
Destroy in office routine
July 1, 2011 thru Dec. 31,
memoranda
administrative
2013
correspondence &
memoranda when
administrative value endsf
Agency policy: Destroy in
office after 3 years.
Bank statements, canceled
Destroy in office after 3
July 1, 2000 thru Dec. 31 2013
checks, deposit slips,
years
reconciliations, and
warrants.
May include credit card and
purchase card statements
and receipts.
Submitted By: Mike Williams
Printed Name/Signature
Department: Library
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City CouncilAgenda
•1
19P9fi'3013
Meeting late. January 10, 201
SUBJECT TITLE: Persona I/Surplus Property Disposal Request
Presenter: Manager Autry
Department: Various
Attachment: Yes No
Description: Personal/Surplus Property Disposal
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:
RECOMMENDATIONIACTION REQUESTED:
�Dnorth carolina
UNN
city of dune
POST OFFICE BOX 1065 > DUNN, NORTH CAROLINA 28335
(910) 230-3500 • FAX (910) 230-3590
www.dunn-nc.org
Mayor
Oscar N. Harris
Mayor Pro Tern
Billy Tart
Council Members
Buddy Maness
Dr. Gwen McNeill
Frank McLean
Chuck Tumage
Billy Barfield
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 #
Dell Monitor (4)
CN-OF7170-47606-510-ARKQ
CN-OD4840-74261-83M-3 WCS
CN-OF7170-47606-521-A6HE
CN-OUH837-48220-866-04P1
Boston Speakers (2) (white)
0766609
Dell Keyboards (3)
CN-OIHF24-71616
CN-OIHF24-71616
CN-04G481-71616-576-1 GDS
Gateway Keyboard
A715427
Dell CPU
OKXJUD
Gateway CPU
0028277763
Computer Stand
Linksys Wireless Router
CDFDIGIF566
Duraband TV
V23576945
LEA Body Pager
Streamlight Charger
Set of Dell Speakers
Dell Mouse
Acer Laptop with bag
LXTHAOZ0097210D2CB 1601
GE Recorder
018784
GE Recorder Silver
Portable Recorder
750088
Radio Shack Vox Recorder
Jack Daniels Camera Ball Cap
Sony Cassette Tapes 13)
Micro Cassettes (2
Green Tackle Box
Sony Video Recording System
in Black Case
1033330
Misc. Cables and cords
DUNN
WIAmetkaCipl W& (ON=ilk
IIR
1989*2013 1[[
LEA Repeater in Black Case
10140
LEA Speaker System &
Recorder in Black Case (2)
XE3KC28716
XE4BC29887
JVC TV
11820267
Magnavox DVD Recorder
ZC352MW8
White wall plug with speaker
US 1000 Digital Scale
APC Black Phone Jack with
CD in Bag
Samsung Recorder HDMI
SWC407206
First Alert Digital Video
Recorder
R120103235
First Alert Camera (8)
R120151069
R120102820
R120151126
R120102818
R120102804
R120102792
R120150951
R120151071
Waterproof Security Camera
(3)
CMOS Mini Camera (4)
(bronze)
Honeywell Security Camera
P06042030631
Black & White Monitor (2)
4811-36903-0962
4811-36903-1956
Sony Camcorder
114904
HP Cleaning Kit (3)
LIND Power Conversion
Automobile Adapter (3
Dell Monitor Speaker
CN-OUH837-48220-867-02UW
Dell Adapter
CN-OHD062-48643-874-7750
Microsoft Keyboard
0150200673699
Logitech Keyboard (2)
DF3290QM3
DF3290QM5
4-Channel Receiver RC416
Sony Multi -Function DVD
Recorder
5092801
Kodak Camera in Case
KCGG264502640
Samsonite Black Bag
Logitech Wireless Mouse (2
Trontex Radio AV Receiver
Olympus Brio Camera
207101798
HP Lithium Ion Battery
Tape Dispenser
Canon Camcorder
632442060202
HP Blank Inkjet Print
Cartridge
Camera Tripod
Advantage P 100 CS/CN (6)
Sony Hand cam DVD-RW
Sony Remote
Ault-o-matic Battery Charger
12 Volt
LEA Pager Recorder System
in Black Case
08958
HP OfficeJet Pro 8500A
Printer
CN147BROBD
HP Laserjet 2100 Printer
USGZ088474
HP Laserjet PISOSn Printer
CNBK500768
Dell Tower
H5Q8Y61
Honeywell Dehumidifier
17000TGT
Dell
Opti lex GX280
4C73Y61
Dell
Optiplex 755
6038VG1
3138VG1
G538VG1
FRR9G1
4538VG1
Hewlett Packard
Desk'et970Cxi
MYOC21MIGY
Hewlett Packard
Laserjet P1505n
VND3CO0277
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 10`h day of January, 2017
CITY OF DUNN
Oscar N. Harris, Mayor
ATTEST:
Jennifer M. Fortin, City Clerk
DUNN
DUNK _ D ON N hnald
All -America City �i,,, �1 a,,,,,, All-Aflae= GllY
r ► City Council Agenda Farm r 1
Meeting Date. January, 10, 2017
1989 * 2013 1989 * 2013
SUBJECT TITLE: Consideration of Ordinance Rescinding An Ordinance Declaring The Property Unfit For
Human Habitation Located At 211 W. Harnett Street, Dunn, NC
Presenter: City Manager Autry
Department: Admin.
Attachment: X Yes No
Description: Ordinance Rescinding An Ordinance
Public Hearing Advertisement Date:
PURPOSE:
This Ordinance rescinds an Ordinance adopted by the City Council on April 13, 2010, which declared
the property unfit for human habitation located at 211 W. Harnett Street.
BACKGROUND:
The Ordinance adopted on April 13, 2010 was recorded on April 19, 2010
BUDGET IMPACT:
RECOMMEN DATIONIACTION REQUESTED:
The structure that was on the property has been demolished and removed from the property by the City
or the owner of the property and all fees and assessments associated with such demolition and removal
have been paid in full. Based upon these facts, the City Council is being asked to adopt the Ordinance
to rescind the Ordinance which was adopted April 13, 2010 and to record the same with the Harnett
County Register of Deeds.
north Carolina Mayor
Oscaz N. Hams
Mayor Pro Tem
IN
UNN Billy Tart
Council Members
Buddy Maness
WIDE
Dr. Gwen McNeill
city of Cl U n R
Frank McLean
POST OFFICE BOX 1065 > DUNN, NORTH CAROLINA 28335 Chuck THilly Barfield Chuck
(910) 230-3500 • FAX (910) 230-3590 City Manager
www.dunn-nc.org Ronald D. Autry
ORDINANCE RESCINDING AN ORDINANCE DECLARING THE PROPERTY
HEREIN DESCRIBED AS UNFIT FOR HUMAN HABITATION PURSUANT TO
N.C.G.S. §160A-441, ET SEQ.
WHEREAS, on April 13, 2010, the City Council for the City of Dunn, NC adopted an ordinance
titled "An Ordinance Declaring The Property Herein Described As Unfit For Human Habitation
Pursuant To N.C.G. S. § 160A-441, Et. Seq." regarding the property owned by Elwyn Dudley and
located at 211 W. Harnett Street, Dunn, North Carolina and having PIN# 1516-68-0246.000 and
Parcel 1D# 102151607110004 (the "Ordinance"); and
WHEREAS, the Ordinance was recorded on April 19, 2010 at Book 2733, Page 100-102 of the
Harnett County Registry; and
WHEREAS, the owners of the property described in the Ordinance have rehabilitated it to
comply with applying building codes and it is now fit for human habitatio ; and
WHEREAS, based on the foregoing, the City Council of the City of Dunn has determined that
the Ordinance should be rescinded and that such rescission should be recorded with the Harnett
County Registry of Deeds; and
DUNN
;l-Norio 1 e m waam
19ft9 mID
NOW, THEREFORE, BE IT ORDAINED by the City Council of the Cityof Dunn, NC that:
Section 1. The Ordinance, as defined in the preambles, is hereby rescinded and declared to be
null and void and no further legal affect either against the owner or the property identified and
described in the preambles.
Section 2. The Building In is hereby directed to have this Ordinance recorded with the
Harnett County Register of Deeds.
Section 3. This Ordinance shall become effective upon its adoption.
Adopted this 10°i day of January, 2017.
Oscar N. Harris
Mayor
Attest:
Jennifer M. Fortin
City Clerk
DUNN �,"ni`!h ��_�, +�� DUNN
1,,,,INN
Ail•AMCHCOCib } ,f AII•AmerieaCiq
1 r City Council Agenda Form 1 1
Meeting Date: January 10, 2017
1989 * 2013 1989 * 2013
SUBJECT TITLE: Consideration of Ordinance Rescinding An Ordinance Declaring The Property Unfit For
Human Habitation Located At 303-A S. Magnolia Avenue, Dunn, NC
Presenter: City Manager Autry
Department: Admin.
Attachment: X Yes No
Description: Ordinance Rescinding An Ordinance
Public Hearing Advertisement Date:
PURPOSE:
This Ordinance rescinds an Ordinance adopted by the City Council on January 12, 2016, which
declared the property unfit for human habitation located at 303-A S. Magnolia Avenue.
BACKGROUND:
The Ordinance adopted on January 12, 2016 was recorded on January 19, 2016,
BUDGETIMPACT:
RECOMMENDATIONIACTION REQUESTED:
The structure that is on the property was issued a permit to repair and a Certificate of Occupancy was
issued on January 3, 2017. Based upon these facts, the City Council is being asked to adopt the
Ordinance to rescind the Ordinance which was adopted January 12, 2016 and to record the same with
the Harnett County Register of Deeds.
Mayor
� �- north carollna Oscar N. Harris
Mayor Pro Tern
Billy Tart
Council Members
W.IUNN Buddy Maness
City of dunix Dr. Gwen McNeill
Frank McLean
Chuck Tumage
POST OFFICE BOX 1065 - DlJi\N, NORTH CAROLINA 28335 Billy Barfield
(910) 230-3500 - FAX (910) 230-3590 City Manager
vww.dunn-nc.org Ronald D. Autry
ORDINANCE RESCINDING AN ORDINANCE DECLARING THE PROPERTY
HEREIN DESCRIBED AS UNFIT FOR HUMAN HABITATION PURSUANT TO
N.C.G.S. §160A-441, ET SEQ.
WHEREAS, on January 12, 2016, the City Council for the City of Dunn, NC adopted an
ordinance titled "An Ordinance Declaring The Property Herein Described As Unfit For Human
Habitation Pursuant To N.C.G.S. §160A-441, Et. Seq." regarding the property owned by Robert
Dougald, Thomas and located at 303-A S. Magnolia Avenue, Dunn, North Carolina and having
PIN# 1516-65-7932.000 and Parcel ID# 02151611140004 (the "Ordinance"); and
WHEREAS, the Ordinance was recorded on January 19, 2016 at Book 3370, Page 656-657 of the
Harnett County Registry; and
WHEREAS, the owners of the property described in the Ordinance have rehabilitated it to
comply with applying building codes and it is now fit for human habitatio ; and
WHEREAS, based on the foregoing, the City Council of the City of Dunn has determined that
the Ordinance should be rescinded and that such rescission should be recorded with the Harnett
County Registry of Deeds; and
DUNN
1 t E f comma
19fl9 *]013
NOW, THEREFORE, BE IT ORDAINED by the City Council of the Cityof Dunn, NC that:
Section 1. The Ordinance, as defined in the preambles, is hereby rescinded and declared to be
null and void and no further legal affect either against the owner or the property identified and
described in the preambles.
Section 2. The Building In is hereby directed to have this Ordinance recorded with the
Harnett County Register of Deeds.
Section 3. This Ordinance shall become effective upon its adoption.
Adopted this 10' day of January, 2017.
Oscar N. Harris
Mayor
Attest:
Jennifer M. Fortin
City Clerk
DUNN
DUNN DuNN
AIRA erisaCity 6" 1 d�,,,, All•AmerisaCity
111111 City Council agenda Form 1 1
11110
° Meeting late: January 10, 2017
1989 * 2013 1989 �' 2013
SUBJECT TITLE: Consideration of Ordinance Rescinding An Ordinance Declaring The Property Unfit For
Human Habitation Located At 1000 S. King Avenue, Dunn, NC
Presenter: City Manager Autry
Department: Admin.
Attachment: X Yes No
Description: Ordinance Rescinding An Ordinance
Public Hearing Advertisement Date:
PURPOSE:
This Ordinance rescinds an Ordinance adopted by the City Council on March 10, 2015, which declared
the property unfit for human habitation located at 1000 S. King Avenue.
BACKGROUND:
The Ordinance adopted on March 10, 2015 was recorded on March 12, 2015
BUDGETIMPACT:
RECOMMENDATIONIACTION REQUESTED:
The structure that is on the property was issued a permit to repair and a Certificate of Occupancy was
issued on December 31, 2016. Based upon these facts, the City Council is being asked to adopt the
Ordinance to rescind the Ordinance which was adopted March 12, 2015 and to record the same with the
Harnett County Register of Deeds.
north carolina Mayor
ANWAMBINEMNEENELOscar N. Hams
Mayor Pro Tern
LUDUNN Billy Tart
Council Members
Buddy Maness
city of d U rl n Dr. Gwen McNeill
Frank McLean
POST OFFICE BOX 1065 + DUNN NORTH CAROLINA 28335 Chuck Tumage
Billy Barfield
(910) 230-3500 e FAX (910) 230-3590 City Manager
www.dunn-nc.org Ronald D. Autry
ORDINANCE RESCINDING AN ORDINANCE DECLARING THE PROPERTY
HEREIN DESCRIBED AS UNFIT FOR HUMAN HABITATION PURSUANT TO
N.C.G.S. §160A-441, ET SEQ.
WHEREAS, on March 10, 2015, the City Council for the City of Dunn, NC adopted an ordinance
titled "An Ordinance Declaring The Property Herein Described As Unfit For Human Habitation
Pursuant To N.C.G.S. §160A-441, Et. Seq." regarding the property owned by Sharon Bell and
located at 1000 S.King Avenue, Dunn, North Carolina and having PIN# 1516-35-6273.000 and
Parcel ID# 02151610540004 (the "Ordinance"); and
WHEREAS, the Ordinance was recorded on March 12, 2015 at Book 3289, Page 181-182 of the
Harnett County Registry; and
WHEREAS, the owners of the property described in the Ordinance have rehabilitated it to
comply with applying building codes and it is now fit for human habitatio ; and
WHEREAS, based on the foregoing, the City Council of the City of Dunn has determined that
the Ordinance should be rescinded and that such rescission should be recorded with the Harnett
County Registry of Deeds; and
DUNN
III` -AmMra!!C m mac '
198Y*1All
NOW, THEREFORE, BE IT ORDAINED by the City Council of the Cityof Dunn, NC that:
Section 1. The Ordinance, as defined in the preambles, is hereby rescinded and declared to be
null and void and no further legal affect either against the owner or the property identified and
described in the preambles.
Section 2. The Building In is hereby directed to have this Ordinance recorded with the
Harnett County Register of Deeds.
Section 3. This Ordinance shall become effective upon its adoption.
Adopted this 10`h day of January, 2017.
Oscar N. Harris
Mayor
Attest:
Jennifer M. Fortin
City Clerk
DUNN _� DUNN
��`
N
All -America Cily it,�f d,,,,,, All -America City
1 f City Council agenda Form 1 1
11110
Meeting late: January. 10, 2017
1989 * 2013 1989 * 2013
SUBJECT TITLE: Consideration of Ordinance Rescinding An Ordinance Declaring The Property Unfit For
Human Habitation Located At 300 N. Clinton Avenue, Dunn, NC
Presenter: City Manager Autry
Department: Admin.
Attachment: X Yes No
Description: Ordinance Rescinding An Ordinance
Public Hearing Advertisement Date:
This Ordinance rescinds an Ordinance adopted by the City Council on July 12, 2016, which declared
the property unfit for human habitation located at 300 N. Clinton Avenue.
BACKGROUND:
The Ordinance adopted on July 12, 2016 was recorded on July 19, 2016
BUDGETIMPACT:
RECOMMENDATIONIACTION REQUESTED:
The structure that was on the property has been demolished and removed from the property by the City
or the owner of the property and all fees and assessments associated with such demolition and removal
have been paid in full. Based upon these facts, the City Council is being asked to adopt the Ordinance
to rescind the Ordinance which was adopted July 12, 2016 and to record the salve with the Harnett
County Register of Deeds.
north Carolina Mayor
Oscar N. Harris
R IL
Mayor Pro Tear
UIUUUNN Billy Tart
Council Members
Buddy Maness
city of Cl U ll ri Dr. Gwen McNeill
Frank McLean
POST OFFICE BOX 1065 . DUNN, NORTH CAROLINA 28335 Chuck T
urnagc Billy Barfield
(910) 230-3500 a FAX (910) 230-3590 City Manager
www.dunn-ne.org Ronald D. Autry
ORDINANCE RESCINDING AN ORDINANCE DECLARING THE PROPERTY
HEREIN DESCRIBED AS UNFIT FOR HUMAN HABITATION PURSUANT TO
N.C.G.S. §160A-441, ET SEQ.
WHEREAS, on July 12, 2016 the City Council for the City of Dunn, NC adopted an ordinance
titled "An Ordinance Declaring The Property Herein Described As Unfit For Human Habitation
Pursuant To N.C.G.S. §160A-441, EL Seq." regarding the property owned by Platinum Properties
of NC, LLC and located at 300 N. Clinton Avenue, Dunn, North Carolina and having PIN# 1516-
77-4527.000 and Parcel ID# 02151608110011 (the "Ordinance"); and
WHEREAS, the Ordinance was recorded on July 19, 2016 at Book 3420, Page 546-547 of the
Harnett County Registry; and
WHEREAS, the structure that was on the property described in the Ordinance has been
demolished and removed from the property by the City or the owner of the propertyand all fees
and assessments associated with such demolition and removal have been paid in full; and
WHEREAS, based on the foregoing, the City Council of the City of Dunn has determined that
the Ordinance should be rescinded and that such rescission should be recorded with the Harnett
County Registry of Deeds; and
DUNN
bcftd
1989*2m3
NOW, THERE, FORE, BE IT ORDAINED by the City Council of the Cityof Dunn, NC that:
Section 1. The Ordinance, as defined in the preambles, is hereby rescinded and declared to be
null and void and no further legal affect either against the owner or the property identified and
described in the preambles.
Section 2. The Building In is hereby directed to have this Ordinance recorded with the
Harnett County Register of Deeds.
Section 3. This Ordinance shall become effective upon its adoption.
Adopted this 10"' day of January, 2017.
Oscar N. Harris
Mayor
Attest:
Jennifer M. Fortin
City Clerk
DUNN;II•AmEIYCC
DUNN northDUNN
Cl IIbAmCMCC City
City Council agenda Form ' f
® Meeting Date: January 10, 2017
1989 * 2013 1989 * 2013
SUBJECT TITLE: 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
Presenter: City Manager Autr
Department: Admin.
Attachment: X Yes No
Description: Ordinance Rescinding An Ordinance
Public Hearing Advertisement Date:
PURPOSE:
This Ordinance rescinds an Ordinance adopted by the City Council on December 7, 2006, which
directed the Building Inspector to remove or demolish the property located at Ashe Avenue (structure
behind church).
BACKGROUND:
The Ordinance adopted on December 7, 2006 was recorded on December 19, 2006.
BUDGET IMPACT:
RECOMMEN DATIONIACTION REQUESTED:
The structure that was on the property has been demolished and removed from the property by the City
or the owner of the property and all fees and assessments associated with such demolition and removal
have been paid in full. Based upon these facts, the City Council is being asked to adopt the Ordinance
to rescind the Ordinance which was adopted December 7, 2006 and to record the same with the Harnett
County Register of Deeds.
Mayor
north caroling Oscar
Oscar N. Hams
Mayor Pro Tern
I.WDUNN Billy Tart
Council Members
Buddy Maness
city of d u n n Dr. Gwen McNeill
Frank McLean
POST OFFICE BOX. 1065 ^ DUNN, NORTH CAROLINA 28335 Chuck Tumage rfield
Billy Barfield
(910) 230-3500 • FAX (910) 230-3590 City Manager
www.duiin-nc.org Ronald D. Autry
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
WHEREAS, on December 7, 2006, the City Council for the City of Dunn, NC adopted an
ordinance titled "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" regarding the property owned by Wendell
Woolford and located at Ashe Avenue (structure behind church), Dunn, North Carolina and
having PIN# 1507-94-16115.000 and Parcel ID# 021507 0034 (the "Ordinance"); and
WHEREAS, the Ordinance was recorded on December 19, 2006 at Book 2318, Page 973-975 of
the Harnett County Registry; and
WHEREAS, the structure that was on the property described in the Ordinance has been
demolished an removed from the property by the City or the owner of the property and all fees
assessments associated with such demolition and removal have been paid in full; and
WHEREAS, based on the foregoing, the City Council of the City of Dunn has determined that
the Ordinance should be rescinded and that such rescission should be recorded with the Harnett
County Registry of Deeds; and
DUNN
All-A®erincity
11111,
1989 A u"
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dunn, NC that:
Section 1. The Ordinance, as defined in the preambles, is hereby rescinded and declared to be
null and void and no further legal affect either against the owner or the property identified and
described in the preambles.
Section 2. The Building In is hereby directed to have this Ordinance recorded with the
Harnett County Register of Deeds.
Section 3. This Ordinance shall become effective upon its adoption.
Adopted this 101 i day of January 2017.
Oscar N. Harris
Mayor
Attest:
Jennifer M. Fortin
City Clerk
DUNK UUDUNN
NN
City Council Agenda Form
Meeting Date: January 10, 2017
SUBJECT TITLE: Reimbursement agreement for Plug-in Electric Vehicle Charging Station by Duke Energy
Presenter: Steven Neuschafer
Department: Planning & Zoning
Attachment: X Yes No
Description:
Public Hearing Advertisement Date:
NA
PURPOSE:
To approve a reimbursement agreement for a plug-in electric vehicle charging station provided by Duke Energy.
BACKGROUND:
The City of Dunn was awarded an electric vehicle charging station grant in the amount of $5,000 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. City Attorney Tilghman Pope has reviewed the reimbursement agreement provided by
Duke Energy.
The location and specific details such as the fee structure will be discussed at a later City Council meeting. The
electric vehicle charging station will be installed and fully operational by the end of 2017.
PLANNER'S RECOMMENDATION OR COMMENTS:
Approve the reimbursement agreement.
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.
REIMBURSMENT AGREEMENT
FOR
PLUG-IN ELECTRIC VEHICLE CHARGING STATION PROJECTS
This Reimbursement Agreement for Plug -In Electric Vehicle Charging Station Projects (this
"Agreement") is made and entered into as of this 9th day of December, 2016 (the "Effective Date"),
by and between Duke Energy Carolinas, LLC ("Duke Energy"), and City of Dunn ("Performing
Party"). Each of Duke Energy and Performing Party may be referred to herein as a "Party" and
collectively as "Parties".
RECITALS:
WHEREAS, as set forth in that certain Consent Decree entered into by Duke Energy on
October 20, 2015 (the "Consent Decree"), Duke Energy is required to spend $3,000,000 to
implement environmental mitigation projects in the State of North Carolina designed to reduce air
emissions from reduced vehicle emissions or reduced use of fossil -fueled electricity generation;
WHEREAS, of the aggregate amounts required to be spent pursuant to the Consent Decree,
Duke Energy has allocated up to $1,000,000 for the reimbursement of costs inured by certain Duke
Energy customers to purchase and install electric vehicle charging stations;
WHEREAS, this project is designed to provide direct financial support to Duke Energy
customers (and, in certain instances, customers of those customers) that wish to install and own
electric vehicle charging stations, including, without limitation, the charge ports associated therewith
(collectively, the "Charging Stations") and require assistance funding such purchase and
installation;
WHEREAS, the Performing Party has expressed a desire to procure and install certain
Charging Stations and has requested that Duke Energy reimburse the Performing Party for the costs it
incurs to procure, construct and install such Charging Stations; and
WHEREAS, Duke Energy has agreed to reimburse the Performing Party for the costs it
incurs to procure, construct and install the Charging Stations in the manner set forth herein;
NOW THEREFORE, in consideration of the recitals, the mutual promises and conditions
set forth in this Agreement and other good and valuable consideration, Duke Energy and Performing
Party agree as follows:
AGREEMENT
1. Proiect. The Performing Party covenants to Duke Energy that the Performing Party
shall, in accordance with the terms and conditions set forth herein, (a) purchase and install all
Charging Stations for each Project (as defined below) set forth on Exhibit A and (b) continue own,
operate and maintain such Charging Stations after the purchase and installation thereof. The
Performing Party shall be responsible for all ongoing costs of ownership associated with each
Charging Station, including, but not limited to, associated energy, maintenance, repair and
connectivity costs.
2. Project Descriptions and Requirements.
a. Project Descriptions. Exhibit A further describes each project to be
completed by the Performing Party hereunder and specifically sets forth the general locations
at which the Charging Stations are permitted to be installed, the aggregate number of charge
ports to be installed at each such location, and the aggregate amount of funds reserved by
Duke Energy for such project (collectively, a "Project"). Exhibit B contains a map detailing
the approved locations for each Project. The Performing Party may only install the Charging
Stations at an approved location and shall not change or modify the location of any Project
(outside of the approved locations) or the aggregate number of charge ports to be installed at
any Project without the prior written consent of Duke Energy.
b. Charging Station Requirements.
(i) All Charging Stations purchased by the Performing Party shall be new
and unused and shall be owned by the Performing Party.
(ii) The Performing Party shall install proper signage at each Project
location indicating that parking spaces at which any charge port is located are for
"Plug -In Electrical Vehicle Use Only."
(iii) The Charging Stations shall be either AC level 1 (provided cord set is
hardwired), AC level 2, or DC Fast Charge and shall be installed at locations
designed to support charging of plug-in electric vehicles while parked for several
hours.
(iv) The location of each Project must be well -lit and safe, shall be in
compliance with the Americans with Disabilities Act, and shall meet all requirements
of Exhibit C.
(v) Each Project shall be located in an area reasonably accessible to the
public and may not be located in a privately owned parking lot or in a Park N Ride
lot.
3. Term. This Agreement will commence on the Effective Date and continue until the
third (3`a) anniversary of the date the last Reimbursement is made hereunder or until otherwise
terminated earlier pursuant to this Agreement. The Performing Party hereby acknowledges that all
Projects must be completed in their entirety by no later than December 31, 2017 and that all
Reimbursement Requests (as defined below), together with all required supporting information, must
be received by no later than March 31, 2018. Any Reimbursement Request received after such date
shall not be eligible for reimbursement hereunder without the prior consent of Duke Energy.
4. Award Amount. Subject to the terms and conditions set forth herein, Duke Energy
will reimburse the Performing Party for the Eligible Costs (as defined herein) directly incurred by the
Performing party to complete each Project; provided, however, that in no event shall the aggregate
amount reimbursed by Duke Energy hereunder exceed the "Funds Reserved" amount contained in
Exhibit A (such amount, the "Maximum Reimbursement Amount'). The payment made by Duke
Energy to the Performing Party is sometimes referred to herein as the "Reimbursement." The actual
amount of the Reimbursement may be less than any component of the Maximum Reimbursement
Amount.
5. Use of Funds. The Performing Party shall apply the Reimbursement solely and
exclusively towards approved Eligible Costs.
6. Reimbursement Procedures. Subject to the terms and conditions of this Agreement,
the Performing Party shall be reimbursed for work completed for each Project in the following
manner.
a. Eligible Costs. The Reimbursement may be made to reimburse the
Performing Party for Eligible Costs for each Project. For purposes of this Agreement, the
term "Eligible Costs" shall mean only those costs associated with the procurement,
construction, and installation of the Charging Stations, including, but not limited to,
reasonable costs associated with placing the Charging Stations in service, including the
charging station equipment, installation labor, related materials and supplies, permitting fees,
and utility service extension costs, which costs the Performing Party has paid in full as
evidenced by cancelled checks, payment confirmations or other similar documentation. For
the avoidance of doubt, in no event shall any costs associated with network connectivity or
data subscriptions be considered Eligible Costs hereunder and all such costs shall be deemed
to be outside of the scope of this Agreement and not subject to reimbursement by Duke
Energy. The Performing Party shall review all invoices and evidences of payment prior to
requesting reimbursement from Duke Energy and shall ensure the accuracy thereof prior to
providing such invoices and evidences of payment to Duke Energy, Duke Energy may reject
the request for Reimbursement if it fails to demonstrate that all such costs are Eligible Costs
or if it fails to conform to the requirements of this Agreement. The Reimbursement under
this Agreement shall be payable only after Eligible Costs are approved by Duke Energy.
b. Reimbursement Request. Promptly, but no more than 90 days following
completion of the purchase, installation, and commissioning of the Charging Infrastructure
for any Project, the Performing Party shall submit to Duke Energy a reimbursement request
with respect to all Eligible Costs incurred and paid by the Performing Party in connection
with such Project (a "Reimbursement Request"). By submitting the Reimbursement
Request, the Performing Party is certifying that the costs are accurate, eligible for
reimbursement, have been paid in full by the Performing Party and are consistent with the
terms and conditions of the Agreement. At the written request of Duke Energy, the
Performing Party shall provide Duke Energy with such other information and materials as
Duke Energy may reasonably require to substantiate the Performing Party's right to the
Reimbursement.
C. Payments. Subject in all respects to Section 6.d below, Duke Energy shall
review and approve the Reimbursement as soon as practicable, but not later than forty-five
(45) days after the complete Reimbursement Request has been received, provided that
complete and accurate supporting documentation has been submitted to Duke Energy.
d. Maximum Reimbursement Amount. Under no circumstances shall the
Reimbursement made by Duke Energy hereunder exceed any component of the Maximum
Reimbursement Amount. All costs incurred by the Performing Party in excess of any
component of the Maximum Reimbursement Amount shall not be subject to reimbursement
hereunder.
7. Performing Party Obligations.
a. Licenses and Permits. The Performing Party hereby certifies that, prior to the
commencement of any work for any Project, it has secured, and shall maintain and renew all
permits, licenses, approvals and certifications required by any party, including, without
limitation, any owner of such Project location or governmental or regulatory agency, for
proper execution and completion of such work.
b. Compliance with Laws. The Performing Party shall comply, and shall cause
all of its subcontractors to comply, with all applicable state, Federal and local laws relating to
each Project and any of the work related thereto.
C. Audit Riebts. Performing Party shall, for at least three (3) years after the
completion of any Project, keep and maintain such records or accounts of the Performing
Party as are necessary to verify and support any and all charges paid for with respect to such
Project using the Reimbursement. This includes verification that any and all material,
services, labor, and other expenses incurred for such Project have been paid. All books and
records shall be maintained in accordance with generally accepted accounting principles.
Such books and records shall be made available, on mutually agreeable dates and times, at
the Performing Party's facility for verification, copying, audit and inspection by
representatives of Duke Energy. Any such audit shall be at Duke Energy's expense and
conducted during the Performing Party's normal working hours; provided, however, that the
Performing Party shall provide reasonable assistance necessary to enable Duke Energy to
conduct such audit and shall not be entitled to charge Duke Energy for any such assistance.
d. Optional Data Collection. From time to time, Duke Energy may contact the
Performing Party to participate in Duke Energy's data collection on PEV charging practices
in order to better understand the needs of electric vehicle drivers. The Performing Party may
elect to participate in such collection process its sole discretion but shall not be required to do
so.
8. Representations and Warranties. The Performing Party hereby represents and
warrants to Duke Energy that:
a. it is duly organized and validly existing under the laws of its jurisdiction of
incorporation or formation and is qualified to do business in all other jurisdictions in which
the nature of the business conducted by it makes such qualification necessary;
b. it has all requisite legal power and authority to carry on its business and to
execute this Agreement and to perform the terns, conditions and provisions hereof, as
evidenced pursuant to N.C. Gen. Stat. 160A-11, et seq.;
C. the execution, delivery and performance of this Agreement have been duly
authorized by all requisite corporate action;
d. this Agreement constitutes the legal, valid and binding obligation of it,
enforceable in accordance with the terms hereof;
e. there is no action, suit, proceeding or order now pending or, to its knowledge,
threatened against it before any government authority that could reasonably be expected to
materially and adversely affect the ability of the Performing Party to perform its obligations
hereunder; and
I. it hereby ratifies, adopts, and agrees to all representations in the approved
application and deliverables it has provided to Duke Energy during the proposal process and
agrees to give prompt written notice to Duke Energy if there is any material change in these
certifications or deliverables.
9, Performing Party Certifications.
a. The Performing Party has not otherwise committed to acquire or install
associated electric vehicle charging stations (without project funding support) and is not
using and shall not use any portion of the Reimbursement hereunder to satisfy any
obligations that it may have under other applicable regulations or requirements of law.
b. The Performing Party is a retail or wholesale customer of Duke Energy or
Duke Energy Progress, LLC (or is a customer of a wholesale customer of Duke Energy or
Duke Energy Progress, LLC) and is located within the State of North Carolina.
10. Indemnification. To the maximum extent permitted by applicable law, the
Performing Party shall indemnify, defend and hold harmless Duke Energy (including its parent,
subsidiary and affiliate companies), its officers, employees, agents, and any other party with an
ownership interest in the premises, from and against all liability, loss, costs, claims, damages,
expenses, judgments, and awards, whether or not covered by insurance, in any way related to or
arising or claimed to have arisen in whole or in part from the acts or omissions of the Performing
Party, its employees, volunteers, subcontractors, agents or assignees in its performance of, or failure
to perform under, this Agreement. This indemnification shall include all costs including attorney's
fees reasonably incurred in pursuing indemnity claims under or enforcement of this Agreement.
Performing Party waives all rights of recovery, including for contribution, against Duke Energy and
its directors, officers, employees, affiliates and subcontractors for any matters to which this Section
may apply. The provisions of this Section 10 shall survive the termination of this Agreement.
11. Insurance.
a. Without limiting any obligations or liabilities of the Performing Party under
this Agreement, the Performing Party shall provide and maintain, and shall require its
subcontractors to provide and maintain, for the tern of this Agreement, at its own expense,
insurance coverages, to the extent applicable, in forms and amounts no less than the
following: (i) Workers' Compensation specific to the applicable statutory requirements for
the work to be performed; (ii) Employer's Liability Insurance of not less than $1,000,000
each accident/employee/disease; (iii) Commercial General Liability Insurance having an
available limit of at least $1,000,000 per occurrence/$2,000,000 in the aggregate for
contractual liability, personal injury, bodily injury to or death of persons, and/or loss of use or
damage to property; (iv) Commercial/Business Automobile Liability Insurance (including
owned, non -owned or hired autos) having an available limit of at least $1,000,000 each
accident for bodily injury, death, property damage, with any fellow employee exclusion
removed, and contractual liability; and (v) Umbrella/Excess Liability insurance with
available limits of at least $1,000,000 per occurrence and follow form of the underlying
Employer's Commercial General and Auto Liability insurance, and provide at least the same
scope of coverages thereunder.
b. All insurance policies provided and maintained by the Performing Party and
each subcontractor shall: (i) be underwritten by insurers which are rated A.M. Best "A- VII"
or higher; (ii) specifically include Duke Energy and its directors, officers, employees,
affiliates, and subcontractors as additional insureds, with respect to Performing Party's or its
subcontractors' acts, omissions, services, products or operations, whether in whole or in part,
excluding, however, for Worker's Compensation/Employer's Liability and E&O; (iii) be
endorsed to provide, where permitted by law, waiver of any rights of subrogation against
Duke Energy and its directors, officers, employees, affiliates and subcontractors; (iv) provide
that such policies and additional insured provisions are primary with respect to the acts,
omissions, services, products or operations of Performing Party or its subcontractors, whether
in whole or in part, and without right of contribution from any other insurance, self-insurance
or coverage available to Duke Energy and its affiliates; and (v) contain a standard cross
liability clause and separation of insured and severability of interest provisions except with
respect to the limits of the insurer's liability. Evidence of such coverage shall be provided
via Performing Parry's certificate of insurance furnished to Duke Energy prior to the start of
any work, upon any policy replacement or renewal and upon Duke Energy's request. All
insurance policies shall provide that the insurer will provide at least thirty (30) days' written
notice to the Performing Party, who in turn shall provide at least thirty (30) days' written
notice to Duke Energy prior to cancellation or non -renewal of any policy (or ten (10) days'
notice in the case of non-payment of premium). Performing Party's compliance with these
provisions and the limits of insurance specified herein shall not constitute a limitation of
Performing Party's liability or otherwise affect Performing Party's indemnification
obligations pursuant to this Agreement.
12. Default and Termination.
a. If Duke Energy determines, in its sole discretion, that the Performing Party
has failed to comply with any term or condition in this Agreement, Duke Energy may
terminate this Agreement immediately upon written notice by Duke Energy to the
Performing Party. If this Agreement is so terminated, the Performing Party shall be liable to
repay to Duke Energy all of the Reimbursements distributed to it under this Agreement.
b. If notified by Duke Energy in writing that it is in violation of any of the
terms, conditions or provisions of this Agreement, and a default has occurred, and Duke
Energy elects not to terminate the Agreement immediately pursuant to Section 12.a above,
the Performing Party shall have thirty (30) days from the date of such notification to remedy
the default or, if Duke Energy believes the remedy will take in excess of thirty days to
complete, the Performing Party shall have thirty days to satisfactorily commence a remedy of
the causes preventing its compliance and curing the default situation. Expiration of the thirty
days and failure by the Performing Party to remedy, or to satisfactorily commence the
remedy of, the default whether payment of funds has been fully or partially made, shall result
in Duke Energy at its discretion, declining to make any further payments to the Performing
Party, or in the termination of this Agreement by Duke Energy. If this Agreement is
terminated, the Performing Party shall be liable to repay to Duke Energy all of the
Reimbursements made to it under this Agreement.
C. If Performing Party becomes insolvent, or fails generally to pay its debts as
they become due, or admits in writing its inability to pay its debts as they become due, or
makes a general assignment for the benefit of creditors; commences any case, proceeding or
other action seeking reorganization, arrangement, adjustment, liquidation, dissolution or
composition of itself or its debts or assets, or adopts an arrangement with creditors, under any
bankruptcy, moratorium, rearrangement, insolvency, reorganization or similar law of the
United States or any state thereof for the relief of creditors or affecting the rights or remedies
of creditors generally, Duke Energy may terminate this Agreement immediately upon written
notice by Duke Energy to the Performing Party.
d. Upon receipt of notice of termination from Duke Energy, the Performing
Party shall immediately stop work on the terminated portion of the Agreement unless
otherwise directed by Duke Energy. If so requested by Duke Energy, the Performing Party
shall provide to Duke Energy a report with supporting information describing the status of
any Project as of the date of such termination.
e. No remedy herein conferred upon or reserved by Duke Energy is intended to
be exclusive of any other available remedy, but each and every such remedy shall be
cumulative and shall be in addition to every other remedy given under this Agreement or now
or hereafter existing at law or in equity. No delay or omission to exercise any right or option
accruing to Duke Energy upon any default by the Performing Party shall impair any such
right or option or shall be construed to be a waiver thereof, but any such right or option may
be exercised from time to time and as often as may be deemed expedient by Duke Energy.
13. Miscellaneous.
a. Assignability. Neither this Agreement nor any right, interest or obligation
hereunder may be assigned by the Performing party without the prior written consent of Duke
Energy, and any attempt to do so shall be null, void and ineffective.
b. Governing Law. The laws of the State of North Carolina shall govern this
Agreement, except that the North Carolina conflict of law provisions shall not be invoked in
order to apply the laws of any other state or jurisdiction.
C. Disputes. The Parties shall attempt to resolve any claims, disputes and other
controversies arising out of or relating to this Agreement (collectively, "Disputes") promptly
by negotiation between executives who have authority to settle the Dispute and who are at a
higher level of management than the persons with direct responsibility for administration of
this Agreement. A Party may give the other Party written notice of a Dispute which has not
been resolved in the normal course of business. Executives of both Parties shall meet at a
mutually acceptable time and place, and as often as they reasonably deem necessary, to
attempt to resolve the Dispute. All negotiations pursuant to this clause are to be deemed
confidential and shall be treated as compromise and settlement negotiations for purposes of
applicable rules of evidence. If the Dispute has not been resolved by negotiation within sixty
(60) Days of the disputing Party's initial notice, then either Party may initiate
litigation. Venue for any such action shall lie exclusively in the appropriate state or federal
courts in and for the State of North Carolina, Performing Party and Duke Energy agree to
relinquish and waive their rights to a trial by jury in any action brought hereunder.
d. Notices. All notices, requests, consents and other communications hereunder
shall be in writing and shall be dispatched by nationwide overnight courier service, such as
(without limitation) Federal Express, or by United States Certified Mail, Return Receipt
Requested, postage prepaid, address to the parties as follows:
If to Duke Energy:
Duke Energy Carolinas, LLC
400 S. Tryon Street
14`h Floor
Charlotte, NC 28202
Attn: Stacy Phillips
Email: stacy.nhillius(iilduke-energv.com
With a copy to: (which will not constitute as notice)
Duke Energy Carolinas, LLC
550 S. Tryon Street
451h Floor
Charlotte, NC 28202
Attn: Andre Rose, Deputy General Counsel
Email: andre.rose@duke-energy
If to the Performing Party:
City of Dunn
PO BOX 1065
Dunn, NC 28335
Attn: Samantha Wullenwaber, Grant Administrator and
Project Contact
Email: SWullenwaber@dune-nc.org
Notices under this Agreement shall be deemed given upon the earlier of the date of delivery
or the date upon which delivery is refused. Any changes in the names or addresses set out in
this Section 13A, shall be through written notice in conformity with the requirements set
forth herein.
e. Section Headings. The headings of the several sections of this Agreement are
inserted solely for the convenience of reference and are not a part of and are not intended to
govern, limit or aid in the construction of any term or provision of this Agreement.
f. Entire Agreement, This Agreement is the entire agreement between the
parties hereto with respect to the subject matter hereof and supersedes all prior agreements
between the parties. No claim of waiver, modification, consent or acquiescence with respect
to any of the provisions of this Agreement shall be made against either party, except on the
basis of a written instrument executed by and on behalf of such parties. The parties
acknowledge and agree that the recitals provided above constitute an integral part of this
Agreement and shall be given the same force and effect as any other provision in this
Agreement.
g. Severability. If any provision of this Agreement or the application thereof to
any person or circumstance shall be invalid or unenforceable to any extent, the remainder of
this Agreement and the application of such provisions to other persons or circumstances shall
not be affected thereby and shall be enforced to the greatest extent permitted by law.
h. Other Parties. Nothing in this Agreement shall be construed as giving any
person, fit -in, corporation or other entity, other than the parties hereto, any rights, remedy or
claim under or in respect to this Agreement or any provision thereof.
i. No Waiver. Neither the failure of either party to exercise any power given
such party hereunder or to insist upon strict compliance by the other party with its obligations
hereunder, nor any custom or practice of the parties at variance with the terms hereof, shall
constitute a waiver of either party's right to demand exact compliance with the terms hereof.
j. Survival. All of the warranties, covenants and representations of Performing
Party, including, but not limited to Section 8, shall survive the termination of this Agreement.
[Signatures on following page]
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed by
its duly authorized representative as of the date first above written.
City of Dunn Duke Energy Carolinas, LLC
By:
Name: Melisa
Title: Vice President- Business and Product
Development, Distributed Energy Technology
Exhibit A
Project Descriptions
Locations Approved by Duke Energy for Installation of ports: Downtown Dunn
Quantity of Ports Awarded: 1
Funds Reserved: $5,000
Exhibit B
Project Location Maps
Exhibit C
Accessibility Requirements
(See Attached)
ChargePoint CT4000 Family
CT4021 Bollard charging station
CT4023 Wall Mour
charging station
--char epoin+
ChargePoint, Inc.
1692 Dell Avenue I Campbell, CA 1 95008-6901 USA
+1.408.370.3802 or toll free 877.370,3802
chargepolnt.com
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charilln5 �R,4.
Ordering Information
Specify model number followed by the applicable code(s).
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Model
single Port Bollard Mount
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Dual Port Bollard Mount
CT4021
Single Port Wall Mount
CT4013
Dual Port Wall Mount
CT4023
Options
Integral Gateway Modem - USA
-GWt
Integral Gateway Modem - Canada
-GW2
Warranty
Single Port Extended Hardware -Only
CT4010-EXWn'
Warranty - 2, 3, 4 or 5 year term
Dual Port Extended Hardware -Only
CT4020-EXWn'
Warranty - 2, 3, 4 or 5 year term
' Where n is
the total number of years In the term
Order Code Examples
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Dual Port Bollard Mount USA Gateway Station
CT4021-GWI
Single Port Wall Mount Station with
CT4013
5 Year Warranty
CT4010-EXW5
Dual Port Wall Mount Canada Gateway Station
CT4023-GW2
with 2 Year Warranty
CT4020-EXW2
For More Information
Visit chargepoint.com
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Copyright Cg 2013 ChargePoint, Inc. All rights reserved. Cl IARGEPOINT is a U.S. registered trademark/service mark, and an EU
registered logo mark of ChargePoint, Inc. All other products or services mentioned are the trademarks, service marks, registered
trademarks or registered service marks of their respective owners. PN 73-001020 01 Rev 4
Printed on paper made with 100%post-consumer fiber and listed by Underwriters C @us
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► City Council Agenda Form
Meeting Date: January 10, 2017 1
SUBJECT TITLE: Consideration of Ordinance to Demolish House —605/607 S. Fayetteville Ave.
PIN # 1516.45.7888.000
Presenter: Chief Building Inspector Steven King
Department: Inspections
Description: Ordinance to Demolish Property
Attachment: X Yes No
Correspondence to property owner
Photographs of property
Public Hearing Advertisement Date:
PURPOSE:
Chief Building Inspector Steven King has conducted an inspection at 6051607 S. Fayetteville Ave 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 dwelling. At this time
property owner has not completed any repairs since the December, 2016 Council Meeting.
Should Council decide to proceed with the demolition of the dwelling at 605/607 S. Fayetteville Ave., an ordinance
(which is attached) would need approval directing the Building Inspector to remove or demolish said structure.
BACKGROUND:
BUDGETIMPACT:
RECOMMENDATION/ACTION REQUESTED:
Motion to adopt the ordinance directing the Chief Building Inspector to proceed with the demolition of the dwelling
located at 605/607 S. Fayetteville Ave. (PIN # 1516-45-7888,000).
rLEASE 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
AMEMBEEMBOWMENM
WIL)UNN
city of dunn
POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335
(910) 230-3505 - FAX (910) 230-9005
www.dunn-ne.org
Mayor
Oscar N. Harris
Mayor Pro Tern
Billy Tart
Council Members
Buddy Maness
Dr. Gwen McNeill
Frank McLean
Chuck Tumage
Billy Barfield
City Manager
Ronald D. Autry
AN ORDINANCE DIRECTING THE BUILDING INSPECTOR TO REMOVE OR DEMOLISH
THE PROPERTY HEREIN DESCRIBED AS AN UNSAFE BUILDING CONDEMNED
PURSUANT TO N.C.G.S. §160A-426, ET SEQ.
WHEREAS, that on August 26, 2016, the Chief Building Inspector for the City of Dunn sent a
notice to Mary Elizabeth Ratliff and J. Jaison Joyner, Jr., the owner(s) of record of property located at
605/607 S. Fayetteville Ave., noting that the property was in a condition that constitutes a fire and safety
hazard, and is dangerous to life, health and property and was thereby condemned, pursuant to North
Carolina General Statute § 160A-426, and noticed the property owner of a hearing on September 2, 2016 at
the office of the Chief Building Inspector located at 102 North Powell Ave., Dunn, North Carolina pursuant
to North Carolina General Statute § 160A-428; and
WHEREAS, on September 2, 2016, a hearing was conducted by the Chief Building Inspector
Steven King and no property owner or property representative was present, following the completion of the
hearing, the Chief Building Inspector entered an Order, pursuant to North Carolina General Statute §160-
429, declaring that the property referenced above is in a condition that constitutes a fire or safety hazard and
is dangerous to life, health or other property and ordering the property owner to repair or demolish the
structure on the property within sixty (60) days of the date of such Order, being November 14, 2016; and
WHEREAS, the owner of the above described property did not appeal the Order of the Chief
Building Inspector within the ten (10) day time period prescribed in North Carolina General Statute § 160A-
,430 and such Order is therefore a final Order; and
WHEREAS, on November 29, 2016 and December 6, 2016, the City of Dunn published legal
notices that a public hearing would be held before the Dunn City Council on December 13, 2016 to consider
the adoption of this Ordinance, directing that the Chief Building Inspector proceed with the demolition of
the property described hereby, and that all costs incurred shall be a lien against such property, pursuant to
North Carolina General Statute § 160A-432; and
WHEREAS, the City Council of the City of Dunn, NC finds that the dwelling described
herein is dangerous or prejudicial to the public health or public safety and is a nuisance in violation of North
Carolina General Statute §160A-193; and
WHEREAS, this dwelling should be removed or demolished, as directed the Chief Building
Inspector, and is an unsafe building condemned as set forth in North Carolina General Statute §160A-426
and constitutes a fire and safety hazard; and
WHEREAS, the owner of this dwelling has been given a reasonable opportunity to repair or
demolish the dwelling pursuant to an Order issued by the Chief Building Inspector on September 15, 2016
and the owner has failed to comply with this order;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dunn, North
Carolina that:
ection 1. The Building Inspector is hereby authorized and directed to place a placard on the exterior of
the property described herein, containing the legend:
"This building is unfit for human habitation and is a public nuisance; the use or occupation of this building
for human habitation is prohibited and unlawful."
On the building at the following address:
605/607 S. Fayetteville Ave., Dunn, NC 28334
PIN #: 1516-45-7888,000
PARCEL ID # 0215161040005
Section 2. The Chief Building Inspector is hereby authorized and directed to proceed to remove or
demolish the above described dwelling in accordance with his Order to the owner thereof dated the 15`h day
of September, 2016 and in accordance with North Carolina General Statute §160A-432, based on the
owner's failure to comply with such Order.
Section 3. (a) The cost of removal or demolition shall constitute a lien against the real property upon
which the cost was incurred. The lien shall be filed in the office of the City Tax Collector, and shall have
the same priority and be collected in the same manner as the lien for special assessments in Article 10 of
Chapter 160A of the North Carolina General Statutes, and such costs shall also be lien against any other real
property owned by the owner of the property within the City of Dunn, North Carolina, or within one (1)
pile of the City of Dun city limits, except for the property owner's primary residence.
(b) Upon completion of the required removal or demolition, the Chief Building Inspector shall sell the
useable materials of the dwelling and any personal property, fixtures, or appurtenances found in the building
and credit the proceeds against the cost of removal or demolition. The Chief Building Inspector shall certify
she remaining balance to the Tax Collector. If a surplus remains after sale of the materials and satisfaction
of the cost of removal or demolition, the Chief Building Inspector shall deposit the surplus with the Harnett
County Clerk of Superior Court where it shall be secured in the manner provided by North Carolina General
Statute §160A-432.
Section 4. It shall be unlawful for any person to remove or cause to be removed the placard from any
building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the
occupancy of any building therein declared to be unfit for human habitation.
Section 5. This ordinance shall become effective upon its adoption.
Adopted this the 10`h day of January, 2017
Oscar N. Harris, Mayor
Attest:
Jennifer Fortin
City Clerk
LEGAL NOTICE
NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF
DUNN, NORTH CAROLINA, UNDER AUTHORITY OF CHAPTER 160A, SECTION
364 OF THE GENERAL STATUTES OF NORTH CAROLINA, WILL HOLD A
PUBLIC HEARING AT 7:00 P.M. ON DECEMBER 13, 2016 IN THE COURTROOM
OF THE DUNN MUNICIPAL BUILDING.
THE FOLLOWING ITEMS WILL BE DISCUSSED.
PUBLIC HEARING:
(1) A HEARING WAS HELD ON SEPTEMBER 2, 2016 IN REFERENCE TO
THE DWELLING LOCATED AT 605-607 S. FAYETTEVILLE AVENUE.
AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE
PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM
HOUSING CODE AND N.C.G.S. 160A - 428. AN ORDER WAS ALSO
PLACED TO OWNER(S), MARY ELIZABETH RATLIFF AND J. JAISON
JOYNER., JR., TO REPAIR OR DEMOLISH SAID DWELLING. TO DATE,
NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE
THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE
DWELLING REMOVED AND ALL COSTS INCURRED BE A LIEN
AGAINST THE PROPERTY.
(2) A HEARING WAS HELD ON SEPTEMBER 2, 2016 IN REFERENCE TO
THE DWELLING LOCATED AT 604-606 S. FAYETTEVILLE AVENUE,
AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE
PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM
HOUSING CODE AND N.C.G.S. 160A - 428. AN ORDER WAS ALSO
PLACED TO OWNER(S), ZELM, LLC, C/O LEE BROWN TO REPAIR OR
DEMOLISH SAID DWELLING, TO DATE, NO RESPONSE HAS BEEN
MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO
ADOPT AN ORDINANCE TO HAVE THE DWELLING REMOVED AND
ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY.
(3) A HEARING WAS HELD ON JUNE 23, 2016 IN REFERENCE TO
THE DWELLING LOCATED AT 117 BRUCE DRIVE, AT SAID HEARING,
EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN
VIOLATION OF THE CITY OF DUNN MINIMUM HOUSING CODE AND
N.C.G.S. 160A - 428. AN ORDER WAS ALSO PLACED TO OWNER(S),
DEREK RYALS TO REPAIR OR DEMOLISH SAID DWELLING. TO DATE,
NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE
THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE
DWELLING REMOVED AND ALL COSTS INCURRED BE A LIEN
AGAINST THE PROPERTY.
® north Carolina
city of dunn
INSPECTIONS DEPARTMENT
POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335
(910) 230-3505 - FAX (910) 230-9005
www.dunn-nc.org
PROPERTY HISTORY:
605/607 S. Fayetteville Ave. (PIN#: 1516-45-7888.000)
Owner: Mary E. Ratliff and J. Jaison Joyner, Jr.
Mayor
Oscar N. Harris
Mayor Pro Tom
Billy Tan
Council Members
Buddy Maness
Dr. Owen McNeill
Frank McLean
Chuck Tonnage
Billy Barfield
City Manager
Ronald D. Autry
Aueust 26, 2016 — The dwelling at 605/607 S. Fayetteville Ave. was condemned by City of Dunn
Inspection Department. Condemnation and Notice of Hearing letter was mailed to Mary Ratliff and J.
Jaison Joyner, Jr. advising of hearing date of Friday, September 2, 2016.
September 2, 2016 — Hearing was held at 102 N. Powell Ave. Neither owner nor any party in interest
attended hearing.
September 15, 2016 — Order after hearing letter was mailed to Mary Ratliff and J. Joyner, Jr. advising
them to remedy the defective conditions within sixty (60) days. Also, a letter outlining the appeal process
was mailed at this time.
September 25, 2016 — Time period for appealing Building Inspector's decision expires.
September 29, 2016 — Mr. Joyner came in the office and applied for a building permit. Mr. Joyner also
stated he was planning on selling the property but would have to get his sister's approval before doing so.
He stated he would make the necessary repairs to the dwelling.
October 4, 2016 — The building permit application was denied and a letter was drafted and mailed to Mr.
Joyner stating that additional repairs not called for on the building permit application would need to be
done.
November 14, 2016 — Original sixty (60) day time period expires for making repairs or demolishing
structure.
November 30.2016 — Site visit was performed and minimal repairs have been done to the outside of the
dwelling.
December 13, 2016 — Scheduled for City Council to adopt ordinance directing the inspection department
to remove or demolish unsafe building.
DUNN
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DUNK bdid
City of dunn
City Council Agenda Form
Meeting Date: December 13, 2016
TITLE: Demolition of House: — 6051607 S. Fayetteville
PIN #1516-45.7888.000
Chief Build
Attachment: X Yes No
Public Hearing Advertisement Date:
11/29/16 & 12/06/16
PURPOSE:
Description: Notice of Public Hearing
The Public has been notified that oral and written comments will be heard and received concerning the demolition
of the dwelling located at 605/607 S. Fayetteville Ave., Dunn, NC.
The public hearing was duly advertised on November 29, 2016 and December 6, 2016,
BACKGROUND
BUDGETIMPACT:
RECOMMENDATIONIACTION 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.
Comparisons
November 30, 2016 December 30, 2016
NOTICE OF PUBLIC HEARING
DUNN CITY COUNCIL
TO: Mary Elizabeth Ratliff
J. Jaison Joyner, Jr.
6264 Mt. Olive Hwy.
Mt. Olive, NC 28365
LOCATION OF DWELLING: 605/607 S. Fayetteville Ave., Dunn, NC 28334 (PIN # 1516-45-7888.000)
You are hereby notified that a public hearing will be held before the City Council of the City of Dunn
at its December 13, 2016 meeting at the City of Dunn Municipal Building, located at 401 East Broad Street.
Following the public hearing, the City Council will consider for decision, an ordinance to authorize
Building Inspector to demolish said dwelling
This the 22nd day of November, 2016.
Steven King
Chief Building Inspector, City of Dunn
CERTIFIED MAIL
DATE: I 1 /22/2016
CERT NO: 7013 3020 0000 4563 9362
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® north carolina
"'UNN
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 4, 2016
J. Joyner
Mary Ratliff
6264 Mount Olive Hwy
Mount Olive, NC 28365
Re: Permit Application for 605/607 S. Fayetteville Ave.
Dear Property Owner(s),
Mayor
Oscar N. Harris
Mayor Pro Tem
Billy Tart
Council Members
Buddy Maness
Dr. Gwen McNeill
Frank McLean
Chuck Tumage
Billy Barfield
City Manager
Ronald D. Autry
I have reviewed the permit application for 605/607 S. Fayetteville Ave. The description of proposed work you
have listed is for "Repair porches, replace doors on under access, etc." Being this property has been condemned
and has been vacant for some time, additional items will need to be included on your permit application and the
work will need to be completed prior to the City of Dunn Inspections Department issuing a Certificate of
Occupancy. A time period of sixty (60) days was granted on September 15`h, 2016 and no appeal has been received.
Therefore, the time period to make all repairs will expire on November 1411, 2016.
This property is required to be in compliance with the City of Dunn's Minimum Housing Code and Zoning
Ordinances. A few of the items that will need to be completed are: Hardwired smoke detectors installed in each
bedroom of the dwellings, Carbon Monoxide detector installed outside of each sleeping area, working bathroom
fixtures and kitchen fixtures, all windows are to be operable and have screens provided, driveways meeting the City
of Dunn Zoning requirements are to be installed, etc. A licensed electrician will need to secure a permit prior to
installing the required smoke detectors.
For a complete list of what repairs and improvements that is required to be done to this dwelling, please
contact me to set up an inspection time and date at your convenience. I can be reached at (910) 230-3505 during the
hours of 8 am to 5 pm, Monday through Friday. Thank you for your time concerning this matter.
Sincerely
Steven Kin
Chief Building Inspector
north caroling City of Dunn Inspections Department
NN 102 N. Powell Ave. P.O. Box 1065
Dunn, NC 28335
U U Main:(910) 230-3505 Fax: (910) 230-9005
city of dunn www.dunn-nc.org
Application for Residential Construction
Project Address:
Applicant Name:1
Property Owner Na
Address: 13,2 t- '
-Inside City Limits: Dyes ❑No
Phone:
l one:
s
Ile- State:Q)CZipv� j
Project Contact: 7� .1A e Phone: Email:
Address:
City: State: _ Zip:
Total Project Cost: d
Description of Proposed Work:
f!
Construction Type: ❑New UFCenovation ❑ Addition ❑ Other:
Total Building Area:,4z96 sq. ft.
Total Heated Area.: sq.ft.
Area per Floor:
Number of Stories: F---
Utilities Approval:
Water: Pu ic, O'Privpte - Health Dept. Permit Number:
Sewer: Public ❑ Private - Health Dept, Permit Number:
sq. ft.
Name: - 64Gr r X .4Ur-.-6Phone: (_) _ Email:
Address: City: �A•t. LQID tiG State: IY'(Zip:.?
N.C. License Number: Class: Expiration of Workman's Comp:
License HolderSignature:
Si P S iO�NA Ar ;h t ;E a e> R 1V ,r h.. ;,bffip'
7FR-
Address:
N.C. License Number: Email:
Phone: (_) _
City: State: Zip:
"The City of Dunn is an Equal Opportunity Provider and Employer"
Name:
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north carolina
`NN
city of dunn
Phone: (_) _ _ Email:
Address: City: State: _ Zip:
N.C. License Number: Class: Expiration of Workman's Comp: _
License Holder Signature:
1�ilonews
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Name:
Address:
Phone: (_) _ _ Email:
City:
State: _ Zip:
N.C. License Number: Class: Expiration of Workman's Comp:
License Holder Signature:
Name:
Address:
Phone: (_) — _ Email:
City:
State: — Zip:
N.C. License Number: Class: Expiration of Workman's Comp:
License Holder Signature:
Name:
Address:
Phone:(_)_- Email:
City:
State: _ Zip:
N.C. License Number: Class: Expiration of Workman's Comp:
License Holder Signature:
Please note that additional permit applications and approvals may be required for your project
which include but are not limited to: Swimming pool, Accessory structure, fence, etc. Please
contact the Inspections Dept. with any questions.
I hereby certify that all information in this application is correct and all work will
comply with the State Building Code and any other applicable State and Local
laws, ordinances, and regulations. The Inspection Department shall be notified of
any changes in the approved plans and specifications for the project submitted
herein.
Applicant Signatur �2LDate: SG�t
"The City of Dunn is an Equal Opportunity Provider and Employer"
® north carolina
ELUDUNN
city of dunn
INSPECTIONS DEPARTMENT
POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335
(910) 230-3505 • FAX (910) 230-9005
www.dunn-nc.org
September 15, 2016
Mary Elizabeth Ratliff
J. Jaison Joyner, Jr.
3 Periwinkle Court
Johnson City, TN 37615
Mayor
Oscar N. Harris
Mayor Pro Tem
Billy Tart
Council Members
Buddy Maness
Dr. Gwen McNeill
Frank McLean
Chuch Turnage
Billy Barfield.
City Manager
Ronald D. Autry
Re: Condemned Structure located at 605/607 S. Fayetteville Ave., Dunn, NC 28334 (PIN #: 1516-45-7888.000)
Dear Property Owner(s):
The undersigned is the Chief Building Inspector for the City of Dunn and I am writing in reference to the condemned
structure located at 605/607 S. Fayetteville Ave.
Dursuant to North Carolina General Statute 160A-428, a hearing was held on September 2, 2016 at which you were given a
1me to present plans and/or arguments and evidence pertaining to the matter, The hearing was attended by Steven King,
Chief Building Inspector.
The Building Inspector finds that the structure is in a condition that constitutes a fire or safety hazard and is dangerous to life,
health, or other property.
The City of Dunn advises you to remedy the defective conditions by repairing or demolishing the structure within 60 days
from the date of this con•espondence, which will be November 14 , 2016.
Failure to comply with this order will result in the demolition of said structure by the City of Dunn and appropriate legal
action will follow to recover all expenses, including demolition costs and tipping fees at landfill.
Should you have any questions in regard to this matter please contact my office at (910) 230-3505.
Sincere ,
ev n g
Chief Building ec r
Certified Mail:
Date: 9/15/2016
Receipt #: 7013 3020 0000 4563 8846
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® north Carolina
wu L) UNN
city of dunn
INSPECTIONS DEPARTMENT
POST OFFICE BOX 1065 - DUNN, NORTH CAROLINA 28335
(910) 230-3505 - FAX (910) 230-9005
www.dunn-nc.org
September 15, 2016
Mary Elizabeth Ratliff
J. Jaison Joyner, Jr.
3 Periwinkle Court
Johnson city, TN 37615
RE: Appeal Process
Mr. Ratliff:
Mayor
Oscar N. Harris
Mayor Pro Tom
Billy Tart
Council Members
Buddy Maness
Dr. Gwen McNeill
Frank McLean
Chuck Turnage
Billy Barfield
City Manager
Ronald D. Autry
Should you wish to appeal the Building Inspector's Order after Hearing, these are the following steps you
should take:
Upon receiving the order to take corrective action letter giving you 60 days to remedy the defective
conditions of the structure by repairing or demolishing, you may at that time appeal the Building
Inspector's decision by addressing a letter stating that you wish to appeal the Building Inspector's
decision of 60 days. The 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
The appeal letter must be received in the Inspection's office within 10 days of issuance of 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.
Sincere ,
ven King
Chief Building for
DUNN
® north carolina
waDuNN
citv of dunn
INSPECTIONS DEPARTMENT
POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335
(910) 230-3505 • FAX (910) 230-9005
www.dunn-ne.org
September 2, 2016
The following attendees were present for the Condemnation hearing for
605-607 S. Fayetteville Ave. on September 2, 2016 in Dunn, NC.
® north carolina
UD-L)uNN
city of dunn
INSPECTIONS DEPARTMENT
POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335
(910) 230-3505 • FAX (910) 230-9005
www.dunn-nc.org
September 15, 2016
Mary Elizabeth Ratliff
J. Jaison Joyner, Jr.
6264 Mt. Olive Hwy.
Mt. Olive, NC 28365
Mayor
Oscar N. Harris
Mayor Pro Tern
Billy Tart
Council Members
Buddy Maness
Dr. Gwen McNeill
Frank McLean
Chuch Tumage
Billy Barfield
City Manager
Ronald D. Autry
Re: Condemned Structure located at 605/607 S. Fayetteville Ave., Dunn, NC 28334 (PIN #: 1516-45-7888.000)
Dear Property Owner(s):
The undersigned is the Chief Building Inspector for the City of Dunn and I am writing in reference to the condemned
structure located at 605/607 S. Fayetteville Ave.
Pursuant to North Carolina General Statute 160A-428, a hearing was held on September 2, 2016 at which you were given a
me to present plans and/or arguments and evidence pertaining to the matter. The hearing was attended by Steven King,
Chief Building Inspector.
The Building Inspector finds that the structure is in a condition that constitutes a fire or safety hazard and is dangerous to life,
health, or other property.
The City of Dunn advises you to remedy the defective conditions by repairing or demolishing the structure within 60 days
from the date of this correspondence, which will be November 14, 2016.
Failure to comply with this order will result in the demolition of said structure by the City of Dunn and appropriate legal
action will follow to recover all expenses, including demolition costs and tipping fees at landfill.
Should you have any questions in regard to this matter please contact my office at (910) 230-3505.
Sine
Steven Kin
Chief Building Inspector
Certified Mail:
Date: 9/15/2016
Receipt #: 7013
3020 0000 4563 8839
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city of dunn
INSPECTIONS DEPARTMENT
POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335
(910) 230-3505 • FAX (910) 230-9005
www.dunn-ne.org
CONDEMNED NOTICE
August 26, 2016
Mary Elizabeth Ratliff
Jaison J. Joyner, Jr.
3 Periwinkle Court
Johnson City, TN 37615
Location of Dwelling: 605/607 S. Fayetteville Ave. (PIN # 1516-45-7888.000)
Dear Property Owner(s),
Mayor
QscarrN. Harris
Mayor Fro Tem
B41Y Tarr
COnna b$embers
Buddy Maness
Dr. Gmn McNeill
Frank McLean,
Chuck Turuage
Billy Barfield
City Manager
Ronald D. Autry
Please be advised that the undersigned is the Chief Building Inspector for the City of Dunn, North Carolina and I am writing
l reference to the dwelling at 605/607 S. Fayetteville Ave.
Pursuant to North Carolina General Statute 160A-426, I am serving notice that on the date of this correspondence, the
dwelling located on the property at 605/607 S. Fayetteville Ave. is hereby condemned. Based on my inspection of the
property, it appears that the structure is in a condition that constitutes a fire and safety hazard, and is dangerous to life, health,
and property and is a public nuisance.
In accordance with MC.G.S. 160A-428, a hearing will be held on Friday, September 2, 2016 at 2:00 p.m. in the office of the
Building Inspector located at 102 N. Powell Ave. in Dunn, at which time you shall be entitled to be heard in person or by
counsel and to present plans and/or arguments and evidence pertaining to the matter.
Following the hearing, I shall issue order to repair or demolish the structure at such timetable as appears appropriate.
I urge you to give this matter your immediate attention.
Sincerely,
Steven Kin
Chief Building Inspector
Certified Mail:
Receipt #: 7013 3020 0000 4563 8402
Date: 8/26/2016
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Presenter: Chief
Department: Ins
Attachment:
Public Hearing A
PURPOSE:
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City Council Agenda Form
eet nt! Date: January 10, 2017
Consideration of Ordina
PIN # 1506.88.3051.000
ldino Inspector Steven Kin
X Yes No
Date:
ce to Demolish House —1
Description: Ordinance to Demolish Property
Correspondence to property owner
Photoqraphs of property
Building Inspector Mike Blackmon 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 dwelling. At this time
property owner has not completed any repairs since the December, 2016 Council meeting or made contact with
Inspection office.
Should Council decide to proceed with the demolition of the dwelling at 117 Bruce Drive, an ordinance (which is
attached) would need approval directing the Building Inspector to remove or demolish said structure.
BACKGROUND:
BUDGET IMPACT:
RECOMMENDATION/ACTION REQUESTED:
Motion to adopt the ordinance directing the Chief Building Inspector to proceed with the demolition of the dwelling
located at 117 Bruce Drive. (PIN # 1506-88-3051.000),
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 caroling
Asommmommmmom
waDUNN
city of dunn
POST OFFICE BOX 1065 - DUNNT, NORTH CAROLINiA 28335
(910) 230-3505 . FAX (910) 230-9005
v,,A,w.dunn-nc.org
Mayor
Oscar N. Hams
Mayor Pro Tear
Billy Tart
Council Members
Buddy Maness
Dr. Gwen McNeill
Frank McLean
Chuck Tumage
Billy Barfield
City Manager
Ronald D. Autry
AN ORDINANCE DIRECTING THE BUILDING INSPECTOR TO REMOVE OR DEMOLISH
THE PROPERTY HEREIN DESCRIBED AS AN UNSAFE BUILDING CONDEMNED
PURSUANT TO N.C.G.S. §160A-426, ET SEQ.
WHEREAS, that on June 17, 2016, the Building Inspector for the City of Dunn sent a notice
to Derrek Ryals, the owner(s) of record of property located at 117 Bruce Drive, noting that the property was
in a condition that constitutes a fire and safety hazard, and is dangerous to life, health and property and was
thereby condemned, pursuant to North Carolina General Statute § 160A-426, and noticed the property owner
of a hearing on June 23, 2016 at the office of the Chief Building Inspector located at 102 North Powell
Ave., Dunn, North Carolina pursuant to North Carolina General Statute § 160A-428; and
WHEREAS, on June 23, 2016 a hearing was conducted by the Building Inspector Mike
Blackmon, Kelly Mathis, Codes Administrator, Derrek Ryals, property owner and another property
representative, following the completion of the hearing, the Chief Building Inspector entered an Order,
pursuant to North Carolina General Statute §160-429, declaring that the property referenced above is in a
condition that constitutes a fire or safety hazard and is dangerous to life, health or other property and
ordering the property owner to repair or demolish the structure on the property within sixty (60) days of the
date of such Order, being November 20, 2016; and
WHEREAS, the owner of the above described property did not appeal the Order of the
Building Inspector within the ten (10) day time period prescribed in North Carolina General Statute §160A-
430 and such Order is therefore a final Order; and
WHEREAS, on November 29, 2016 and December 6, 2016, the City of Dunn published legal
notices that a public hearing would be held before the Dunn City Council on December 13, 2016 to consider
the adoption of this Ordinance, directing that the Building Inspector proceed with the demolition of the
property described hereby, and that all costs incurred shall be a lien against such property, pursuant to North
Carolina General Statute §160A-432; and
WHEREAS, the City Council of the City of Dunn, NC finds that the dwelling described
herein is dangerous or prejudicial to the public health or public safety and is a nuisance in violation of North
Carolina General Statute 160A-193; and
WHEREAS, this dwelling should be removed or demolished, as directed the Chief Building
Inspector, and is an unsafe building condemned as set forth in North Carolina General Statute §160A-426
and constitutes a fire and safety hazard; and
WHEREAS, the owner of this dwelling has been given a reasonable opportunity to repair or
demolish the dwelling pursuant to an Order issued by the Building Inspector on September 21, 2016 and the
owner has failed to comply with this order;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dunn, North
Carolina that:
>ection 1. The Building Inspector is hereby authorized and directed to place a placard on the exterior of
the property described herein, containing the legend:
"This building is unfit for human habitation and is a public nuisance; the use or occupation of this building
for human habitation is prohibited and unlawful."
On the building at the following address:
117 Bruce Drive, Dunn, NC 28334
PIN #: 1506-88-3051.000
PARCEL ID # 0215060163
Section 2. The Building Inspector is hereby authorized and directed to proceed to remove or demolish the
above described dwelling in accordance with his Order to the owner thereof dated the 2111 day of September,
2016 and in accordance with North Carolina General Statute §160A-432, based on the owner's failure to
comply with such Order.
Section 3. (a) The cost of removal or demolition shall constitute a lien against the real property upon
which the cost was incurred. The lien shall be filed in the office of the City Tax Collector, and shall have
the same priority and be collected in the same manner as the lien for special assessments in Article 10 of
Chapter 160A of the North Carolina General Statutes, and such costs shall also be lien against any other real
property owned by the owner of the property within the City of Dunn, North Carolina, or within one (1)
ile of the City of Dunn city limits, except for the property owner's primary residence.
(b) Upon completion of the required removal or demolition, the Building Inspector shall sell the useable
materials of the dwelling and any personal property, fixtures, or appurtenances found in the building and
credit the proceeds against the cost of removal or demolition. The Building Inspector shall certify the
,.remaining balance to the Tax Collector. If a surplus remains after sale of the materials and satisfaction of
the cost of removal or demolition, the Building Inspector shall deposit the surplus with the Harnett County
Clerk of Superior Court where it shall be secured in the manner provided by North Carolina General Statute
§160A-432.
Section 4. It shall be unlawful for any person to remove or cause to be removed the placard from any
building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the
occupancy of any building therein declared to be unfit for human habitation.
Section 5. This ordinance shall become effective upon its adoption.
Adopted this the 10' day of January, 2017
Oscar N. Harris, Mayor
Attest:
Jennifer Fortin
City Clerk
® north Carolina
L) I UNN
city of dunn
Inspections Department
POST OFFICE BOX 1065 e DUNN, NORTH CAROLINA 28335
(910) 230-3500 e FAX (910) 230-3590
www.dunn-nc.org
PROPERTY HISTORY:
117 Bruce Drive (PIN#: 1506-88-3051.000.000)
Owner: Derrek Ryals
Mayor
Oscar N. Hams
Mayor Pro Tern
Billy Tart
Council Members
Buddy Maness
Dr. Gwen McNeil
Frank McLean
Chuck Tumage
Billy Barfield
City Manager
Ronald D. Autry
June 17, 2016 — The dwelling at 117 Bruce Drive was condemned by City of Dunn Inspection
Department. Condemnation and Notice of Hearing letter was mailed to Derrek Ryals advising of hearing
date of Thursday, June 23, 2016.
June 23, 2016 — Hearing was held at 102 N. Powell Ave. Condemnation process was explained to Mr.
Ryals, as well as the appeal process.
September 21, 2016 — Order after Hearing letter was mailed to Mr. Ryals advising him to remedy the
defective conditions within sixty (60) days. Also, a letter outlining the appeal process was mailed at this
time.
October 1, 2016 — Time period for appealing Building Inspector's decision expires.
November 20, 2016 — Original sixty (60) daytime period expires for making repairs or demolishing
structure.
November 29, 2016 — Site visit was performed and minimal visual changes have been made.
December 13, 2016 — Scheduled for City Council to adopt ordinance directing the Building Inspector
to remove or demolish unsafe dwelling.
DUNN
1•ldetMnEip
elf
1999*2013
LEGAL NOTICE
NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF
DUNN, NORTH CAROLINA, UNDER AUTHORITY OF CHAPTER 160A, SECTION
364 OF THE GENERAL STATUTES OF NORTH CAROLINA, WILL HOLD A
PUBLIC HEARING AT 7:00 P.M. ON DECEMBER 13, 2016 IN THE COURTROOM
OF THE DUNN MUNICIPAL BUILDING.
THE FOLLOWING ITEMS WILL BE DISCUSSED.
PUBLIC HEARING:
(1) A HEARING WAS HELD ON SEPTEMBER 2, 2016 IN REFERENCE TO
THE DWELLING LOCATED AT 605-607 S. FAYETTEVILLE AVENUE.
AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE
PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM
HOUSING CODE AND N.C.G.S. 160A - 428. AN ORDER WAS ALSO
PLACED TO OWNER(S), MARY ELIZABETH RATLIFF AND J. JAISON
JOYNER., JR., TO REPAIR OR DEMOLISH SAID DWELLING. TO DATE,
NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE
THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE
DWELLING REMOVED AND ALL COSTS INCURRED BE A LIEN
AGAINST THE PROPERTY.
(2) A HEARING WAS HELD ON SEPTEMBER 2, 2016 IN REFERENCE TO
THE DWELLING LOCATED AT 604-606 S. FAYETTEVILLE AVENUE.
AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE
PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM
HOUSING CODE AND N.C.G.S. 160A - 428. AN ORDER WAS ALSO
PLACED TO OWNER(S), ZELM, LLC, C/O LEE BROWN TO REPAIR OR
DEMOLISH SAID DWELLING. TO DATE, NO RESPONSE HAS BEEN
MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO
ADOPT AN ORDINANCE TO HAVE THE DWELLING REMOVED AND
ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY.
(3) A HEARING WAS HELD ON JUNE 23, 2016 IN REFERENCE TO
THE DWELLING LOCATED AT 117 BRUCE DRIVE. AT SAID HEARING,
EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN
VIOLATION OF THE CITY OF DUNN MINIMUM HOUSING CODE AND
N.C.G.S. 160A - 428. AN ORDER WAS ALSO PLACED TO OWNER(S),
DEREK RYALS TO REPAIR OR DEMOLISH SAID DWELLING. TO DATE,
NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE
THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE
DWELLING REMOVED AND ALL COSTS INCURRED BE A LIEN
AGAINST THE PROPERTY.
north caroling
LINN
U,wac it, of dung ;1
1I ' City Council Agenda Farm I
Meeting Date: December 13, 2016
TITLE: Demolition of House: —117 Bruce Drive
PIN #1506.88-3051.000
Chief Build
Attachment: X Yes No
Public Hearing Advertisement Date:
11/29/16 & 12/06/16
PURPOSE:
Description: Notice of Public Hearing
The Public has been notified that oral and written comments will be heard and received concerning the demolition
of the dwelling located at 117 Bruce Drive, Dunn, NC.
The public hearing was duly advertised on November 29, 2016 and December 6, 2016.
BACKGROUND
BUDGETIMPACT:
RECOMMENDATION/ACTION 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
DUNN CITY COUNCIL
TO: Derek Ryals
121 Bruce Drive
Dunn, NC 28334
LOCATION OF DWELLING: 117 Bruce Drive, Dunn, NC 28334 (PIN # 1506-88-3051.000)
You are hereby notified that a public hearing will be held before the City Council of the City of Dunn
at its December 13, 2016 meeting at the City of Dunn Municipal Building, located at 401 East Broad Street.
Following the public hearing, the City Council will consider for decision, an ordinance to authorize
Building Inspector to demolish said dwelling
This the 22" a day of November, 2016.
_& a
Steven King
Chief Building Inspector, City of Dunn
CERTIFIED MAIL
DATE: 11 /22/2016
CERT NO: 7013 3020 0000 4563 9393
IN Complete items 1, 2,and 3,
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® north Carolina
UNN
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city of dunn
INSPECTIONS DEPARTMENT
POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335
(910) 230-3505 • FAX (910) 230-9005
www.dunn-nc.org
September 21, 2016
Derrek Ryals
121 Bruce Drive
Dunn, NC 28334
Re: Condemned Structure located at 117 Bruce Dr, Dunn, NC 28334 (PIN #: 1506-88-3051.000)
Mayor
Oscar N. Harris
Mayor Pro Tem
Billy Tart
Council Members
Buddy Maness
Dr. Gwen McNeill
Frank McLean
Chuch Turnage
Billy Barfield
City Manager
Ronald D. Autry
Dear Property Owner(s):
The undersigned is the Building Inspector for the City of Dunn and I am writing in reference to the condemned structure
located at 117 Bruce Dr.
Pursuant to North Carolina General Statute 160A-428, a hearing was held on June 23, 2016 at which you were given a time to
present plans and/or arguments and evidence pertaining to the matter.
'he hearing was attended by Mike Blackmon, Building Inspector, Kelly Mathis, Code Administrator Inspector, Derrek Ryals,
and William Bates, Jr.
The Building Inspector finds that the structure is in a condition that constitutes a fire or safety hazard and is dangerous to life,
health, or other property.
The City of Dunn advises you to remedy the defective conditions by repairing or demolishing the structure within 60 days
from the date of this correspondence, which will be November 20, 2016.
Failure to comply with this order will result in the demolition of said structure by the City of Dunn and appropriate legal
action will follow to recover all expenses, including demolition costs and tipping fees at landfill.
Should you have any questions in regard to this matter please contact my office at (910) 230-3505.
Sincerely
Mike Blackmon
Building Inspector
Certified Mail:
Date: 09/21/2016
Receipt #: 7013 3020 0000 4563 8907
DUNN
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® north Carolina
city of dunn
INSPECTIONS DEPARTMENT
POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335
(910) 230-3505 • FAX (910) 230-9005
www.dunn-nc.org
September 212016
Derrek Ryals
121 Bruce Drive
Dunn, NC 28334
RE: Appeal Process
Mr. Ryals:
Mayor
Oscar N. Harris
Mayor Pro Tem
Billy Tart
Council Members
Buddy Maness
Dr. Gwen McNeill
Frank McLean
Chuck Turnage
Billy Barfield
City Manager
Ronald D. Autry
Should you wish to appeal the Building Inspector's Order after Hearing, these are the following steps you
should take:
Upon receiving the order to take corrective action letter giving you 60 days to remedy the defective
conditions of the structure by repairing or demolishing, you may at that time appeal the Building
Inspector's decision by addressing a letter stating that you wish to appeal the Building Inspector's
decision of 60 days. The 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
The appeal letter must be received in the Inspection's office within 10 days of issuance of 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.
Sin er y,
ike Blackmon
Building Inspector
DUNN
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® north carolina
'ff N %' 'v
L) U N
city of dunn
INSPECTIONS DEPARTMENT
POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335
(910) 230-3505 • FAX (910) 230-9005
www.dunn-nc.org
June 23, 2016
The following attendees were present for the Condemnation hearing for
117 Bruce Dr. on June 23, 2016 in Dunn, NC.
® rZ Ilk north carolina
ULU,
city of dunn
INSPECTIONS DEPARTMENT
POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335
(910) 230-3505 • FAX (910) 230-9005
www.dunn-ne.org
CONDEMNATION NOTICE
June 17, 2016
Derrek Ryals
121 Bruce Drive
Dunn, NC 28334
Location of Dwelling: 117 Bruce Dr., Dunn, NC 28334 (PIN # 1506-88-3051.000)
Dear Property Owner(s),
Mayor
Oscar N. Hams
Mayor Pro Tern
Billy Tart
Council Members
Buddy Maness
Frank McLean
Dr. Gwen Mceill
Chuck Tumage
Billy Barfield
City Manager
Ronald D. Autry
Please be advised that the undersigned is the Building Inspector for the City of Dunn, North Carolina and I am writing in
reference to the dwelling at 117 Bruce Drive.
ursuant to North Carolina General Statute 160A-426, I am serving notice that on the date of this correspondence, the
dwelling located on the property at 117 Bruce Drive is hereby condemned. Based on my inspection of the property, it appears
that the structure is in a condition that constitutes a fire and safety hazard, and is dangerous to life, health, and property and is
a public nuisance.
In accordance with N.C.G.S. 160A-428, a hearing will be held on Thursday, June 23, 2016 at 2:00p.m. in the office of the
Building Inspector located at 102 N. Powell Ave. in Dunn at which time, you shall be entitled to be heard in person or by
counsel and to present plans and/or arguments and evidence pertaining to the matter.
Following the hearing, I shall issue order to repair or demolish the structure at such timetable as appears appropriate.
I urge you to give this matter your immediate attention.
Sincerely,
//a�&11,-
Mike Blackmon
Building Inspector
Certified Mail:
Receipt #: 7016 0750 0001 1268 1836
Date: 6/17/2016
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Comparisons
June 15, 2016 November 29, 2016
1 117 Bruce Drive
Comparisons
November 29, 2016 December 30, 2016
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City Coui M.A.gendapoi
SUBJECT TITLE: Consideration of Ordinance to Demolish Structure— 510 Spring Branch Road
PIN # 1516-71.5790.000
Presenter: Chief Building Inspector Steven King
Department: Inspections
Description: Correspondence to property owner
Attachment: X Yes No
Updated photographs of property
Public Nearing Advertisement Date:
PURPOSE:
Chief Building Inspector Steven Icing 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
Rrilrlinu Tnsnector also found the structure daneerous or prejudicial to the public health or public safety
and was condemned.
The owner of the property has failed to comply with the Building Inspector's order and according to
iV.C.G.S. § 160A-443, the City Council has the power to proceed with the demolition of this property.
Should Council decide to proceed with the demolition of the structure at 510 Spring Branch Road, an
ordinance (which is attached) would need approval directing the Building Inspector to remove or
demolish said structure.
E .. O .: _ .._ ` ...
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.
City
ui(.Y oI (Iaurl
PCC l , Cl 1§0,k 1065, 'r''UNIN, 11,10A H A , OUI_ ! 2-833P;
{AYE) ',30 3505 , FA,), (910) 230 900S
�R=rn=�a=.dux2n ncorg
Mayor
Oscar N. Harris
Mayor Pro Tem
Billy Tin
Council Members
Buddy Maness
Dr, Gwen McNeill
Frank McLean
Chuck Turnage
Billy Barfield
City Manager
Ronald D. Autry
AN ORDINANCE DIRECTING THE BUILDING INSPECTOR TO REMOVE OR DEMOLISH
THE STRUCTURE HEREIN DESCRIBED AS AN UNSAFE BUILDING CONDEMNED
PURSUANT TO N.C.G.S. §160A-426, ET SEQ.
WHEREAS, that on October 12, 2016, the Chief Building Inspector for the City of Dunn sent
a notice to Munishree, LLC, the owner(s) of record of structure located at 510 Spring Branch Rd., noting
that the structure was in a condition that constitutes a fire and safety hazard, and is dangerous to life, health
and property and was thereby condemned, pursuant to North Carolina General Statute §160A-426, and
noticed the property owner of a hearing on October 20, 2016 at the office of the Chief Building Inspector
located at 102 North Powell Ave., Dunn, North Carolina pursuant to North Carolina General Statute §160A-
428; and
WHEREAS, on October 20, 2016, a hearing was conducted by the Chief Building Inspector
Steven King with Suresh Patel, Property Owner, Property Representative, Amar Patel and Samantha
Wullenwaber, Planning Director, present. Following the completion of the hearing, the Chief Building
Inspector entered an Order, pursuant to North Carolina General Statute §160-429, declaring that the
structure referenced above is in a condition that constitutes a fire or safety hazard and is dangerous to life,
health or other property and ordering the property owner to repair or demolish the structure on the property
within sixty (60) days of the date of such Order, being December 19, 2016; and
WHEREAS, the owner of the above described property did appeal the Order of the Chief
Building Inspector within the ten (10) day time period prescribed in North Carolina General Statute §160A-
430 and such Order is therefore a final Order; and
WHEREAS, Motion by Council Member, Buddy Maness and seconded by Council Member,
Chuck Turnage to uphold the condemnation order issued by the Building Inspector giving the current
property owner 60 days to make corrective action; and
WHEREAS, on December 30, 2016 and January 6, 2017 the City of Dunn published legal
notices that a public hearing would be held before the Dunn City Council on January 10, 2017 to consider
the adoption of this Ordinance, directing that the Chief Building Inspector proceed with the demolition of
the structure described hereby, and that all costs incurred shall be a lien against such property, pursuant to
North Carolina General Statute §160A-432; and
WHEREAS, the City Council of the City of Dunn, NC finds that the structure described
herein is dangerous or prejudicial to the public health or public safety and is a nuisance in violation of North
Carolina General Statute §160A-193; and
WHEREAS, this structure should be removed or demolished, as directed the Chief Building
Inspector, and is an unsafe building condemned as set forth in North Carolina General Statute §160A-426
and constitutes a fire and safety hazard; and
WHEREAS, the owner of this structure has been given a reasonable opportunity to repair or
demolish the dwelling pursuant to an Order issued by the Chief Building Inspector on October 21, 2016 and
the owner has failed to comply with this order;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dunn, North
Carolina that:
Section 1. The Building Inspector is hereby authorized and directed to place a placard on the exterior of
the property described herein, containing the legend:
"This building is unfit for human habitation and is a public nuisance; the use or occupation of this building
for human habitation is prohibited and unlawful."
On the building at the following address:
510 Spring Branch Rd., Dunn, NC 28334
PIN #: 1516-71-5790.000
PARCEL ID # 02151612220014
Section 2. The Chief Building Inspector is hereby authorized and directed to proceed to remove or
demolish the above described structure in accordance with his Order to the owner thereof dated the 21s` day
of October, 2016 and in accordance with North Carolina General Statute §160A-432, based on the owner's
failure to comply with such Order.
Section 3. (a) The cost of removal or demolition shall constitute a lien against the real property upon
hich the cost was incurred. The lien shall be filed in the office of the City Tax Collector, and shall have
the same priority and be collected in the same manner as the lien for special assessments in Article 10 of
Chapter 160A of the North Carolina General Statutes, and such costs shall also be lien against any other real
property owned by the owner of the property within the City of Dunn, North Carolina, or within one (1)
mile of the City of Dunn city limits, except for the property owner's primary residence.
(b) Upon completion of the required removal or demolition, the Chief Building Inspector shall sell the
useable materials of the structure and any personal property, fixtures, or appurtenances found in the building
and credit the proceeds against the cost of removal or demolition. The Chief Building Inspector shall certify
the remaining balance to the Tax Collector. If a surplus remains after sale of the materials and satisfaction
of the cost of removal or demolition, the Chief Building Inspector shall deposit the surplus with the Harnett
County Clerk of Superior Court where it shall be secured in the manner provided by North Carolina General
Statute §160A-432.
Section 4. It shall be unlawful for any person to remove or cause to be removed the placard from any
building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the
occupancy of any building therein declared to be unfit for human habitation.
Section 5. This ordinance shall become effective upon its adoption.
Adopted this the 10"' day of January 2017
Oscar N. Harris, Mayor
Attest:
Jennifer Fortin
City Clerk
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 JANUARY 10, 2017 IN THE COURTROOM
OF THE DUNN MUNICIPAL BUILDING.
THE FOLLOWING ITEMS WILL BE DISCUSSED.
PUBLIC HEARING:
(1) A HEARING WAS HELD ON OCTOBER 20, 2016 IN REFERENCE TO
THE STRUCTURE LOCATED AT 510 SPRING BRANCH ROAD.
AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE
PROPERTY IS IN VIOLATION OF N.C.G.S. 160A — 428. AN ORDER WAS
ALSO PLACED TO OWNER(S), MUNISHREE, LLC TO REPAIR OR
DEMOLISH SAID STRUCTURE. TO DATE, NO RESPONSE HAS BEEN
MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO
ADOPT AN ORDINANCE TO HAVE THE STRUCTURE REMOVED AND
ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY.
ALL PERSON DESIRING TO BE HEARD, EITHER FOR OR AGAINST THE
PROPOSED ITEMS SET FORTH ABOVE, ARE REQUESTED TO BE PRESENT
AT THE ABOVE MENTIONED TIME AND PLACE.
STEVEN KING
CHIEF BUILDING INSPECTOR
CITY OF DUNN
Advertise:
December 30, 2016
January 6, 2017
NOTICE OF PUBLIC HEARING
DUNN CITY COUNCIL
TO: 1VMunishree, LLC
415 Spring Branch Road
Dunn, NC 28334
Amar N. Patel
3500 Birkdale Court
Fayetteville, NC 28303
LOCATION OF DWELLING: 510 Spring Branch Rd., Dunn, NC 28334 (PIN #: 1516-71-5790.000)
You are hereby notified that a public hearing will be held before the City Council of the City of Dunn
at its January 10, 2017 meeting at the City of Dunn Municipal Building, located at 401 East Broad Street.
Following the public hearing, the City Council will consider for decision, an ordinance to authorize
Building Inspector to demolish said dwelling.
This the 29th day of December, 2017
D22-
Steven King
Chief Building nspector, City of Dunn
CERTIFIED MAIL
DATE: 12/30/2016
CERT NO: 7013 3020 0000 4563 9577 Munishree, LLC
Hand Delivery: Amar N. Patel 12/29/2016
n FRONT ELEVATION
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Spring Branch •
Inspection Update
MUNISHREE, LLC
Thursday, October 27, 2016
To: City Council, City of Dunn
Attn: Mr. Steven King -City of Dunn -Chief Building Inspector
Attn: Ms. Jennifer Fortin, City of Dunn -Clerk.
Re: Appeal/Highway Inn Dunn
Dear Steven & Jennifer,
I appreciate the chance to bring our case before you on October 20th, 2016. I
wish to appeal the decision at hand regarding the 60-day period to have the work
completed.
Pursuant to discussion on October 20th, Munishree, LLC, has an executed
contract to sell. We are under obligation via contract terms to assist and allow for
purchaser to appeal the 60-day process.
We remain ready to assist to in any way possible to allow the closing and
redevelopment process occur.
Please advise.
Most Sincerely,
Suresh Patel
Manager, Munishree, LLC
4�.
SURESH PATEL
510 SPRING BRANCH ROAD- DUNN, NC • 28334
P: (910) 658-9001
E-MAIL: SURESH_02000@YAHOO.COM
K2M.
Date: November 16, 2016
Client: Mr. Amar Patel
Design K2M Design, Inc.
Professional: 1435 West Morehead Street
Suite 135
Charlotte, NC 28208
PW: KCC
Project: Country Inn & Suites Hotel Renovation, Dunn, NC
I. Scope of Services
A. Design Professional shall provide architectural, prototypical interior design, MEP engineering and
structural engineering as described herein for the renovation of an existing 2 story, 80 unit hotel
of approximately 54,000 SF, in Dunn, NC to a Country Inn & Suites. The hotel will be based on the
Generation 4 prototype and PIP, dated 9/21/16. The scope of work includes design development,
construction / "for permit' documents for submission to agencies having jurisdiction over the
project and limited construction administration services. Throughout project the Design
Professional shall coordinate with representatives or other consultants employed by Client.
Refer to Appendix A for an expanded scope of work.
II, Conditions
A. Refer to APPENDIX B for hourly rates assigned by staffing type for K2M Design, Inc, and only
applies for services authorized beyond that as defined in Appendix A. Hourly rates quoted are
for the current calendar year and are subject to change thereafter.
B. Refer to APPENDIX C for Stipulations, Exclusions, & Additional Services.
C. Refer to APPENDIX D for Terms & Conditions.
0. Design Professional will carry Professional Liability Insurance in the amount of$1,000,000.00 per
claim/ aggregate maximum
Ili. Compensation
A. For services described in Section IA, the Client agrees to pay a fixed fee of SIXTY TWO THOUSAND
DOLLARS($62,000).
B. In addition to compensation in Paragraph Ill (A), Client shall pay Design Professional for any and
all reimbursable expenses. Reimbursable expenses are defined as the actual expenses increased
by 10% incurred by the Design Professional in connection with the Project, such as expenses for:
travel, reproduction of reports, drawings, and specifications; renderings; all taxes levied on
professional services and on reimbursable expenses; and similar Project -related items.
BUILDING RELATIONSHIPS BASED ON TRUST AND RMILTS.
K 2 M D E S I G N. C O M 1435 W. Morehead Street, Suite 135 ® Chadotte.. NC 2?208
F: 704.765,3533 e F: 216.357.2796
K2M_T
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C. Any items beyond those specifically outlined and described herein, are considered to be
Additional Services and are chargeable at the standard hourly rate as shown in Appendix B.
D. A deposit of FIVE THOUSAND DOLLARS ($5,000) is required with this signed agreement in order
for services to commence. This deposit will be applied against the last Construction Document
invoice.
APPENDIX A: SCOPE OF WORK
The following page outlines an expanded Scope of Work (fee includes):
The following page outlines an expanded Scope of Work (Included in base fee):
SCHEMATIC DESIGN PHASE — 2 week duration.
a Kick off coordination with Client.
a Review Project Requirements. (Program)
a Review of Country Inn & Suites prototypical design information.
a Architectural design documents to include:
o Schematic level floor plans and exterior elevations including preliminary coordination with
engineering disciplines.
o Code Analysis.
a Country Inn & Suites Preliminary Plans submittal for brand review.
** Upon completion of schematic design phase, Client shall, in writing, authorize the design team to
proceed to the next phase.
CONSTRUCTION DOCUMENTS - 5 week duration.
a Architectural construction documents and specifications to align with prototype requirements.
a Architectural documents to include:
o Project data sheet with room matrix.
o Plans and exterior elevations.
o Enlarged Plans.
o Reflected ceiling plans.
o Building sections.
o Exterior details of existing wall renovation scope.
a Structural Engineering ll
o Limited to structural modifications of existing structure in the public area. 9 Crtv4 ur d;'JkkS
a Mechanical and Plumbing Engineering
o Review of prototype HVAC criteria including air conditioning for occupied areas, heating and
ventilation for non -conditioned areas, and exhaust systems where required per code.
o Review of prototype Plumbing criteria including sanitary sewer, domestic cold water, hot
water, building storm drainage and gas distribution piping, and specification of all plumbing
fixtures and equipment.
o Cooling and heating load calculations- COMCheck
o Preliminary HVAC plans and equipment schedules
o Preliminary plumbing plans including sewer, potable water, and storm
6Un DING R[L TKONSHIPS nAS@D 014 TRUST AND RESULTS.
K 2 M D E S I G N. C O M 1435 w. Morehead Street, Suite 135 > Charlotte, NC 28208
P: 704.765.3533 c F: 216.3572796
K2M.
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Mechanical engineering construction drawings and specifications — system design, HVAC
calculations, ventilation and makeup air analysis, equipment selection (thru wall ViAC/PTAC for
all rooms), air distribution system design, toilet exhaust system design and energy code
compliance documentation.
Plumbing engineering construction drawings and specifications — BASED ON EXISTING SYSTEMS -
domestic hot and cold water systems, sanitary system, gas piping, roof drain and storm sewer
layoutwithin building, wall hydrant locations, public restrooms, backflow prevention, all required
coordination / location of water riser rooms.
Electrical engineering construction drawings and specifications— BASED ON EXISTING ELECTRICAL
SERVICE - coordination with utility company and site engineer for size and location of transformer,
parking lot/trellis/flag pole/accent building lighting, sizing of secondary wire and conduits, sizing
and selection of switch gear, sizing of conduits for low voltage wiring, sizing and selection of
distribution panels, power and lighting design, parking lot lighting, lighting controls, power
distribution design, emergency lighting, fire alarm, load summary, emergency generator power
for life safety equipment if required, and rough in for data / tele / security / CAN / Intercom /
and audiovisual.
o Review of prototype Electrical criteria
o Coordination with the utility company
o Sizing of electrical service and general layouts for power and lighting
o Exterior building and site lighting design.
Fire Protection design - performance design criteria for permitting purposes only.
All work shall be distributed through the K2M Design Sharefile site and updated accordingly with
project timeline.
BIDDING AND PERMITTING — 6 week duration
• Bidding — provide client electronic documents for submission to potential contractors. Respond
to bidders requests for information.
• Permitting Coordination.
• Project Management — coordination with Client and their representatives.
• 100% CD's Country Inn & Suites Brand Submittal.
• All work shall be distributed through the K2M Design Sharefile site and updated as required, at
no additional cost to Client.
CONSTRUCTION ADMINISTRATION —12 month duration
• Review of Shop Drawings and Material Submittals - Process, Review, and Redistribution of
Submittals requested by the Design Professional.
• Respond to Requests for Information (RFI)
• Interface with the brand for any specific design drawing issues from those produced by Design
Professional. Any coordination outside of this is by the Client including Brand changes.
• Site visits are not included in this scope of services and are considered additional services.
SCHEDULE
The Design Professional shall perform its services as expeditiously as is consistent with professional skill
and care and the orderly progress of the Work. The Client acknowledges that the completion of Design
Professional's services is dependent upon third -parties not under the control of the Design Professional
as well as the cooperation of the Client. The Design Professional will make all reasonable efforts to
BURDWO RELATIONSHIPS BASED ON TRUST AND RESUM.
K 2 M D E S I G N C O M 1435 SAS Morehead Street, Suite 135 ® Chariotte, NC 26208
P; 704.765.3533 e F: 216,357.2796
K2Mm
complete its work within the Client's Time of Performance constraints. However, the Design
Professional's inability to satisfy the Client's Time of Performance constraints for reasons beyond the
control of the Design Professional will not be deemed a breach of this Agreement.
The following schedule is proposed:
Schematic Design Phase: 2 weeks
100% Construction Documents completed: 5 weeks
Bidding and Permitting : 6 weeks*
Construction Administration ` 12 months
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Design Professional cannot uarantee permit issuance within a given time frame.
This agreement represents the entire integrated agreement between Client and Design Professional and
supersedes all prior negotiations, representations or agreement, whether written or oral. This agreement
may be amended only in writing and signed by both Client and Design Professional. This proposal remains
valid for thirty days after which time Design Professional reserves the right to modify or amend the
Agreement.
Please sign and return this proposal for the work to proceed.
e
a I 11/16/16
SignatureSignatureV,j Dat K2M Design, Inc. Date
1 , , Kevin Coulter, AIA
L' ` JPrtnC� N-64-, l Director
Mw\as�a—
BUILDING RrIATIONSHIPS BASED ON TRUST AND RESULTS.
K 2 M D E S I G N C O M ;43S VV Morehead Streat, Suite 135 o Charlotte, NC 28208
P: 704.765.3533 • r: 216.357.2796
KR � N
QQQ...sssryryryvv�Pkkk ' DESIGN SERVICES AGREEMENT
APPENDIX 8: HOURLY RATES
The following is a listing of hourly rates assigned by staffing type for K2M Design, Inc. and only applies for
services authorized beyond that as defined in Appendix A. Hourly rates quoted are for the current
calendar year and are subject to change thereafter.
ARCHITECTURE
Principal
$225.00/hour
INTERIOR DESIGN
Director
$180.00 / hour
Director
$180.00 / hour
Senior Project Manager
$165.00 / hour
Senior Project Manager
$165.00 / hour
Project Manager
$140.00 / hour
Project Manager
$140.00 / hour
Senior Architect
$165.00 / hour
Interior Designer 111
$125.00 / hour
Architect III
$140.00 / hour
Interior Designer II
$105.00 / hour
Architect 11
$125.00 / hour
Interior Designer 1
$ 85.00 / hour
Architect 1
$115.00 / hour
ID Intern
$ 65.00 / hour
Designer 111
$125.00 / hour
Designer 11
$110.00 / hour
ASSET MANAGEMENT
Designer 1
$ 95.00 / hour
Director
$155.00 / hour
Architectural Intern
$ 85.00 / hour
Senior Asset Manager III
$135.00 / hour
Intern
$ 50.00 / hour
Asset Manager II
$115.00 / hour
Asset Managers
$ 90.00 / hour
ENGINEERING
Senior Planner 111
$135.00/hour
Principal
$225.00/hour
Planner 11
$115.00/hour
Director
$180,00/hour
Planner
$ 90.00/hour
Senior Engineer 111
$170.00 / hour
Engineer 11
$125.00/ hour
GENERAL
Engineer I
$11S.00 / hour
Drafter 111
$105.00 / hour
Engineering Designer III
$11S.00 / hour
Drafter 11
$ 80.00 / hour
Engineering Designer II
$100.00 / hour
Drafter 1
$ 65.00 / hour
Engineering in Training
$105.00 / hour
Administration
$ 75.00 / hour
Engineering Intern
$ 90.00/ hour
Clerical
$ 60.00 / hour
WILDING RELATION5111PS EASCD ON TRUST AND K$WS.
K 2 M D E S I G N C O M 1435 W. Morehead Street, Suite 35 e Charlotte, NC 28208
P: 704,765.3533 e F: 216.35T2796
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APPENDIX C: STIPULATIONS, EXCLUSIONS & ADDITIONAL SERVICES — HOTEL NEW CONSTRUCTION
Stipulations:
• Client should provide Design Professional with link to the BRAND site where all ACAD drawings,
FF&E / CSI Specifications, and Design standards can be downloaded.
• Client shall provide written approval of the Design Professional's Schematic Design and
Construction Document submissions to the Design Professional within a reasonable time from
receipt of each submission. Client shall inform the Design Professional of sequence and timing
of the solicitation of construction bids for the Project.
• Any revisions to scope of services, design criteria or changes requested which result In any
redesign after 50% complete will be considered additional services. Written authorization will be
required from the Client prior to proceeding with additional services.
• Construction Document Phase — the Design Professional will design utility services to a point 5'-
0" beyond the building perimeter, and coordinate with existing utilities for size and location or
with Owner's selected civil engineer.
• All submittal fees, application fees, permit fees, and impact fees to be provided by Client.
• Bidding —assist the Client in distributing the Contract Documents for bids and issue clarifications
or changes in the Project to bidders as requested by the Client.
o Maximum (8) RFIs totaling 8 hours is included in the fee
• Construction Administration fees are based on the following:
o Maximum (15) RFIs totaling 16 hours,
o Maximum (10) submittal reviews totaling 16 hours.
® 2nd submittal re -review and beyond will be automatically billed to client at the
appropriated hourly rated defined in the base contract unless the client states
otherwise.
o Maximum (16) hours of contractor coordination.
o No site visits are included in basic scope of work and will be considered additional
services.
Construction Administration Phase — provide shop drawings review of contractor's approved
submittals for the limited purpose of checking for conformance with the information and quality
given in the Contract Documents. Provide consultation to answer question, respond to inquiries
and assist in resolving issues arising from the work. All contractors' submittals, where
applicable, are to be forwarded to the Architect in electronic format.
Construction process is anticipated to be 12 months.
In providing opinions of probable construction cost, the Client understands that the Design
Professional has no control over the cost or availability of labor, equipment or materials, or over
market conditions or the Contractor's method of pricing, and that the Design Professional's
opinion of probable construction costs are made on the basis of the Consultant's professional
judgment and experience. The Design Professional makes no warranty, express or implied, that
the bids or the negotiated cost of the Work will not vary from the Design Professional's opinion
of probable construction cost.
• Special Inspection services are by Client. Requirements for such services shall be defined per
the NCBC.
• Structural Fees are for buildings with seismic design category of 'C' or less. Please note seismic
design category cannot be determined until receipt of appropriate information defined in a
geotechnical report.
BUILDING RELATIONSHIPS BASED ON TRUST AND RESULTS.
K 2 M D E S I G N. C O M 1435 W. Morehead Street, Suite '35 • Charlotte, NC 28208
P: 704.765.3533 • F: 216.357.274E
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• Interior Design For Ground Floor— Interior design services for the ground floor public areas is to
be solely prototypical based on furnished information from Country Inn & Suites.
• Interior Design shall match the prototype for all guestrooms.
• Purchasing coordination shall be provided by Client's preferred Procurement Agent.
• Detailed and / or defined Fire Alarm and Fire Suppression deferred submission documents are to
be provided by the Client's contractor based on Design Professional's general design criteria,
code, and other requirements from the AHJ. A registered design professional hired by the
Client's contractor shall design, sign, and seal the documents for permitting and AHJ approval.
Design Professional will not sign, seal, stamp, certify, or otherwise approve these drawings, but
Design Professional may review for general compliance with the contract documents' Intent.
• Door hardware including locks to be documented by Design Professional. Client to provide
preferred Lock System cut sheets/specification data, for incorporation into Construction
Documents set.
• All stacks are to be aligned and consistent throughout hotel.
• To keep costs down a Sharefile site will be established and files will be transferred electronically.
Exclusions
• Pool engineering including piping, pumps, pump rooms, chemical storage, and all other
equipment specifications by Client's design / build contractor.
• Data, telephone, CAN, security, and audio/visual system design and specification shall be by
Client.
• Design of site -work elements not part of the building structural system, such as retaining walls,
culverts, etc.; as well as support for site improvements such as flagpoles, lighting poles, benches,
fountains, pools, signs, etc.
• Services related to special dynamic analysis such as; spectrum or time -history response to
seismic forces, or floor -response analysis for foot -fall or vibratory equipment; wind tunnel
analysis; etc.
• Design or review related to contractor's construction related equipment; e.g., cranes, hoists,
etc.
• Dimensioning location of secondary support framing for rooftop mechanical units.
• Pre-engineered structural systems including skylights, curtain walls, wood trusses, etc. The design
of these components is the responsibility of specialty engineers through the supplier or
manufacturer.
• The design or field observation of any temporary shoring or bracing required for support of the
existing structure and/or for bracing or support of new construction during erection including
shoring and bracing for excavations, or underpinning of adjacent structures is not included and
is the responsibility of the contractor.
• No speaker systems, audio systems, or Audio/Visual equipment included in base agreement
• Curtain wall design is not included in the proposal but available (if necessary) for an additional
fee.
• Site -work elements not part of the building structural system, such as retaining walls, culverts,
bridges, etc.; as well as support for site Improvements such as flagpoles, lighting poles, benches,
fountains, pools, signs etc. are by civil engineer.
• Design review hearings with the Jurisdiction, if required, are by Client.
• Civil, Landscape Lighting, and Landscape Design, including landscape lighting and
sprinkler/irrigation systems, shall be provided by Client.
• Dimming control system beyond brand standard is not included.
BUILDING RELATIONSHIPS BASED ON TRUST AND RESULTS.
K 2 M D E S I G N C O M 1435 W. Morehead Street; Suite 135 • Charlotte, NC 2.8208
P: 704765.3533 ® F: 216 357.2'46
K2MO
DESIGN SERVICES AGREEMENT
® A domestic water booster system is not included in the fee but available (if necessary) for an
additional fee.
® Sound / Acoustical engineering is not included in this proposal but available (if necessary) for an
additional fee.
® Design of security systems is not included in base agreement.
Additional Services
® Additional services are those which arise as a result of unforeseen circumstances during the
design of a project and which,therefore, cannot be included in the basic services agreement. Such
additional services, when requested in writing by Client, shall be performed at an hourly rate per
the Design Professional rates above. Additional Services are as defined in the AIA Document B101
— 2007 Edition —Standard Form of Agreement Between Owner and Architect, Article 4.
® Providing services in connection with evaluating substitutions proposed by the contractor, and
making subsequent revisions resulting therefrom, and deciding disputes between Owner and
Contractor(s) are an additional price.
• Providing consulting concerning replacement of work damaged by fire or other cause during
construction, and furnishing services required in connection with the replacement of such Work
are an additional service.
• Preparing documents for alternate, separate, phased or sequential bids or providing service in
connection with bidding, negotiation or construction prior to the completion of the Construction
Documents phase is an additional price.
s If renderings are required they shall be billed at the Design Professional's standard rate for
renderings: $3400 for 3D rendering and $2400 for 2D rendering.
® Record Drawings — Record drawings will be prepared utilizing Contractor "as-builts" on an hourly
rate basis only. The drawings will be prepared by Design Professional's drafting staff only. Design
Professional will maintain electronic files for this project and provide one digital set to Client.
BUILDING MATIONSHWS BASCD ON 7RU5T AND RESULTS.
K 2 M D E S I G N C O M 1435 `M. Morehead Street, SURD 135 . Charlotte, NC 28208
P: 704.765.3533 c F: 216.3571796
1
APPENDIX D: TERMS AND CONDITIONS
This proposed scope of services and professional fees are valid for a period of thirty days form the date of this Agreement.
The services outlined In this Agreement cover the scope of work for the subject property as defined In this Agreement. Design Professional will
complete the service outlined in this Agreement for the fees outlined, In the event hat we encounter situations that Include a need for revision
or modification In the fees, we will discuss with you the courses and likely effects of the required modification, both in terms oftlming and fees,
Both parties agree to negotiate in good faith should a situation arise which requires a modification In the fees.
fee
Where the fee arrangement is to be on an hourly basis, the rates shall be those that prevail at the time services are rendered, Hourly rates are
valid through current calendaryear.
Blllings/Payments
Invoices for services and reimbursable expenses shall be submitted, at the Design Professional's option, either upon completion of the services
or on a monthly basis. Invoices shall be payable within 30 days after the Invoice date, A service charge of L5%(or the maximum legal rate) per
month will be applied to the unpaid balance after 30 days from the invoice date. Design Professional shall have the right to suspend/terminate
services if payment is not received within 60 days after the invoice date and the Design Professional shall have no liability for any resultant delays
or damages Incurred by Client as a result of such suspenslonAermination. Retainers shall be credited on the final Invoice. The Client agrees to
pay all costs of collection, Including reasonable attorney's fees,
For any payment to Design Professional over sixty (60) days past due, Design Professional will have the right to suspend work until Design
Professional account Is brought current, or to use unapplied payment funds to bring the amount current.
In the event the project is suspended by the Client for more than 30 days, before work ran resume on the project, the Client must pay all unpaid
Design Professional invoices plus a remobilization fee equal to ten percent (10%) of Design Professional fees for services remaining to be
performed after project suspension. The Client understand and agrees that there may be a delay before Design Professional Is able to resume
work on the project and that changes to Design Professional project team may occur. The project schedule will be equitably adjusted to
accommodate time lost due to suspension.
Standard of Care
In providing services under this agreement, the Design Professional will endeavor to perform In a manner consistent with that degree of care and
skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. Design Professional will perform
Its services as expeditiously as is consistent with professional skill and care and the orderly progress of Design Professional's part of the Project.
Regardless of any other term or condition of this Agreement, Design Professional makes no express or implied warranty of any sort. All warranties,
Inducting warranty of merchantability or warranty of fitness for a particular purpose, are expressly disclaimed.
Assigned Consultants
A 30%fee will be added to fees of consultants retained by or assigned to Design Professional in recognition of the added liability and coordination
burden.
Indemnification
Client and Design Professional each agree to Indemnify and hold the other harmless, and their respective officers and employees from and against
liability for losses, damages and expenses, to the extent such losses, damages, or expenses are caused by indemnifying parts negligent acts,
error or omissions. In the event claims, losses, damages or expenses are caused by the joint or concurrent negligence of Client and Design
Professional, they shall be borne by each party in proportion to Its negligence.
Consequential Damages
Notwithstanding any other provision to the contrary, and to the fullest extent permitted by law, neither the Client northe Design Professional
shall be liable to the other for any Incidental, indirect or consequential damages arising out of or connected in any way to the Project or this
Agreement. This mutual waiver of consequential damages shall Include, but not be limited to, loss of use, loss of profit, loss of business or Income
or any other consequential damages that either party may have Incurred from any muse of action whatsoever.
Hidden Conditions
A condition is hidden If concealed by existing finishes arts not capable of Investigation by reasonable visual observation. If the Design Professional
has reason to believe that such a condition may exist, the Client shall authorize and pay for all costs associated with the Investigation of such a
condition. If (1) the Client falls to authorize such Investigation after such due notification, or (2) the Design Professional has not reason to believe
that such a condition exists, the Design Professional shall not be responsible for the existing conditions or any resulting damages or losses resulting
therefrom.
Hazardous Materials/Mold
The Design Professional shall have no responsibility for the discovery, presence, handling, removal, disposal or exposure of persons to hazardous
materials of any form including mold. The existing or constructed building may, as a result of post -construction, use, maintenance, operation or
occupation, contain or be caused to contain mold substances which can present health hazards and result In bodily Injury, property damage
and/or necessary remedial measures and costs for which the Design Professional shall have no responsibility.
BUILDING RELATIONSHIP5 BASCO Old TRUST AND RESULTS.
K 2 M D E S I G N C O M 1435 VV. Morehead Street. Suite I3S e Charlotte, NC 28208
P: 704. 705.3533 • p: 216,357,2796
K2? M.8
Risk Allocation
Notwithstanding anything to the contrary herein in recognition of the relative risks and benefits of the project to both the Client and the Design
Professional, the Client agrees, to the fullest extent permitted by law, to limit the Design Professional's total liability to the client or anyone
making claims through the client, for any and all damages or claim expenses (Including attorneys fees) adsing out of this Agreement, from any
and all causes, to the total amount of the Design Professional's fee. It is stated that the liability limit applies to any and all liability or cause of
action however alleged or arising, unless otherwise prohibited by law.
Opportunity to Cure
Prior to any claim for damages being made, Client must provide Architect with reasonable notice of any alleged deficiencies In performance and
Architect shall have a reasonable opportunity to cure any alleged defect in performance.
Termination of Services
This agreement may be terminated upon 10 days written notice by either party should the other fail to perform their obligations hereunder. In
the event of termination, the Client shall pay the Design Professional for all services rendered to the date of termination, all reimbursable
expenses, and reasonable termination expenses.
In the event of termination not the fault of Design Professional, in addition to compensation for services preformed prior to termination, Design
Professional will be compensated for Termination Expenses. Termination Expenses are in addition to compensation for services ofthe Agreement
and include expenses directly attributable to termination for which Design Professional is not otherwise compensated, plus an amount equal to
ten percent (10%) of Design Professional fees for services remaining to be performed after termination.
Ownership of Documents
All documents produced by the Design Professional under this agreement, Including electronic files, shall remain the property of the Design
Professional and may not be used by this Client for any other purpose without the written consent of the Design Professional. Anysuch use or
reuse shall be at the sole risk of Client who shall defend, Indemnity and hold DESIGN PROFESSIONAL and Its subconsultants harmless from any
and all claims and/or damages arising therefrom. Electronic Flies are not contract documents and cannot be relied upon as Identical to contract
documents because of changes orerrors induced by translation,transmission, or alterations while under the control of others. Useofinformation
contained In the electronic files is at the user's sole risk and without IlabiRlyto Design Professional and Its consultants.
Defects in Service
The Client shall promptly report to the Design Professional any defects or suspected defects in the Design Professional's services. The Client
further agrees to Impose a similar notification requirement on all contractors in Its Client/Contractor contract and shall require all subcontracts
at any level to contain a like agreement. Failure by the Client and the Client's contractors or subcontractors to notify, the Design Professional
shall relieve the Design Professional of the costs of remedying the defects above the sum such remedy would have cost had prompt notification
been given when such defects were first discovered.
Construction Activities
The Design Professional shall not be responsible for the acts or omissions of any person performing any of the Work or for instructions given by
the Client or Its representatives to any one performing any of the Work, nor for means and methods or Job -site safety. Responsibility for
defidencles during construction not observed by Design Professional is strictly excluded.
Dispute Resolution
Any claim or dispute between the Client and the Design Professional shall be submitted to non -binding mediation, subject to the parties agreeing
to a medlator(s). If the Parties cannot agree upon a mediator the claim or dispute shall be submitted to the American Arbitration Association
(AAA) for mediation In accordance with the Construction Arbitration and Mediation Rules of the AAA then in effect. Unless otherwise specified,
the laws of the State where the work Is performed shall govern this agreement.
Relationship of the Parties
All services provided by Design Professional are for the sole use and benefit of the Client. Nothing in this Agreement shall create a contractual
relationship with or a cause of action in favor of a third parry against either the Client or the Design Professional. All Items have been fairly
negotiated and that the client had the option of altering or foregoing the terms and conditions In exchange for an equitable adjustment In the
Design Professional's fee.
Finish Selections
The Design Professional shall prepare conceptual boards showing the Client samples of materials including color, texture and pattern schemes
from which the Client shall base Its final selection. The Client understands that there will be variations between the samples and the actual final
material due to differing lighting conditions, production runs, production processes, avail abill ty of materials, and the like. Additional base material
changes with which the finish is applied 0 different from the original sample will alter the appearance of the actual final finish. Design Professional
shall not bear any responsibility for any variations that might arise.
Permit Costs
The Design Professional will, as a reimbursable expense (Refer to Section III B) to Client, pay the building permit application and plan check fees
for costs under $2,500. For fees surpassing this amount, the Client will prepare a check payable to the Authorities Having Jurisdiction (AHJ). Once
received, the Design Professional will submit the check along with our Contract Documents for plans review.
DUb,OING RELATIONSHIPS BASED ON TRUST AND RESULTS.
K 2 M D E S I G N C O M 'IA35 kM Morehead Street, Suite 135 a Charlotte, NC 28208
P; 704.765.3533 ® F: 216.357.2746
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CARLSON
REZIDUOIR
H O T E L G R O U P
August 24, 2016
VIA EMAIL TO: AmarNP@gmaii.com
VIA FEDEX OVERNIGHT DELIVERY
510 Spring Branch, LLC
Attention: Amar Patel
3500 Birkdale Court
Fayetteville, NC 28303
Dear Mr. Patel:
701 Carlson Parkway
Minnetonka, MN 55305, U.S.A.
t: +1 (763) 212-5000
f: +1 Q63) 212-5886
www.carlsonrezidor.com
We are pleased to inform you that your Application for a franchise has been approved by
Country Inns & Suites By Carlson, Inc. ("Licensor"). Pursuant to Kevin O'Neil's request, I have
enclosed duplicate originals of the License Agreement, Personal Guaranty of License
Agreement, and Corporate Guaranty of License Agreement for your proposed Country Inn &
Suites By Carison® hotel, and an Acknowledgment of Receipt of License Agreement
("Acknowledgment"). Also, for your convenience, I have enclosed "redlined" pages with
underlining and over -striking showing the changes from the standard form License Agreement
included in the Licensor's 2016 Franchise Disclosure Document ("FDD") you received on May
26, 2016. Please review the changes and the License Agreement to make sure they are
accurate and reflect your understanding of the proposed agreement.
We are sending these documents directly to you because we have not been informed that you
are represented by legal counsel with respect to this proposed transaction. If you are
represented by legal counsel in this matter, please provide me with your attorney's name,
address (including email address) and telephone number.
Transmittal of the enclosed documents does not constitute an offer by Licensor and, among
other things, is made subject to all of the following conditions:
No material change in Applicant's financial position, the interests comprising Applicant's
ownership or in any of the other information furnished with the Application, or which
comes to Licensor's attention between the date of the Application and the execution of
the License Agreement.
QUORVUS P
o<<E o" �/ ap)rR4ae�• apflsl6ae 2gVs4at� PazkPlaza rkfnn counTRY
Amar Patel
510 Spring Branch LLC
August 24, 2016
Page 2
2. Satisfactory information obtained by the background investigation of the Applicant
and/or its principals.
3. Payment of the non-refundable Initial Fee consistent with Paragraph 6.1 of the License
Agreement.
Return of the Acknowledgment properly completed, signed and dated.
The process of signing the License Agreement is highly regulated. Applicable laws and
regulations require that there be at least seven full calendar days between the date you receive
the License Agreement and the date you sign and return the executed originals to us. In
addition, there must be at least fourteen full calendar days between the date you received the
FDD and the date you sign and return the executed original License Agreements. The
referenced waiting periods may run concurrently. Consequently, assuming that you received
Licensor's amended FDD on August 8, 2016 and that you receive the enclosed License
Agreements via email on August 24, 2016, the earliest you can sign the agreements is
September 1, 2016. This requirement cannot be waived by you or by Licensor.
After you have carefully reviewed the enclosed documents and the applicable waiting periods
have passed, please do the following:
Fill in all of the blanks on the Acknowledgment and then sign and date it in all places
indicated. Please note that in one case you are signing on behalf of the Prospective
Licensee and in the other, you are signing personally.
Sign and date both originals of the License Agreement, Corporate Guaranty of License
Agreement and Personal Guaranty of License Agreement where indicated. Do not fill in the
effective date on the first page of the License Agreement. The Personal Guaranty should
be signed by Navnit Dhana, Manjula Patel and Hemangini Patel. The Corporate
Guaranty must be signed by a duly authorized representative of New Dunn Hotel, LLC.
3. Return both originals of the License Agreement and the Personal Guaranty of License
Agreement, along with the Acknowledgement and the $50,000 Initial Fee, payable to
Country Inns & Suites By Carlson, Inc., to my attention.
Licensor advises and recommends that each potential franchisee consult with an attorney,
accountant or other professional advisor for advice with respect to the decision of whether to
enter into this contract.
Please be advised that Licensor has no obligation to sell you a franchise or to sign the License
Agreements. That final decision will be made by Licensor when the agreements are presented
to the appropriate officer for signature. Until both you and Licensor sign the agreements and all
of the conditions set forth in this letter are met, there is no license for you to operate under the
System or use the Marks (as defined in the License Agreement). Everything must be returned
to Licensor on or before September 30, 2016, at which time the License Agreements will be
presented to the appropriate officer of Licensor for final approval and signature.
Amar Patel
510 Spring Branch LLC
August 24, 2016
Page 3
If you have any questions, please feel free to contact me.
JANE WOODBURY, Senior Paralegal, Americas
t: +1 (763) 212-6286 f: +1 (763) 212-1080 1 iwoodburv@carlsonrezidor.com
701 Carlson Parkway ( MS 8256 1 Minnetonka, MN 55305 1 U.S.A. I www.carlsonrezidor.com
Enclosure
cc: Fred Schwartz
Kevin O'Neil
Jeffrey Freund
Michelle Masters
Chris Ardolino
Jennifer Matheny
Jean Kampa
Tina McCormick
Whitney Anderson, Esq.
Highway Inn Asset Purchase Agreement between Munishree, LLC and New Dunn Hotel, LLC;1uly 1st,
2016
This writing serves to terminate the Asset Purchase Agreement referenced above effective immediately
absent an extension of the Due Diligence Period provided for in Section 1.5 of the Agreement through
August 30th, 2016. Accordingly and absent such extension, Seller releases Buyer from any terms and
conditions within the Asset Purchase Agreement.
A copy of this email has been sent to Munishree, LLC with a request that the Seller acknowledge the
extension of the due diligence period by executing the following modification to the Agreement:
Seller hereby understands Buyer is reviewing terms and conditions of Loan Agreement/Term Sheet and
agrees to modify the Asset Purchase Agreement referenced above to extend the Due Diligence Period
referenced at Section 1.5 through and including October 31st, 2016.-
Executed this r—�rfiil day of September, 2016.
Munishree, LLC
BY:Suresh Patel
Manager
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INSPECTIONS DEPARTMENT
POST OFFICE BOX 1065 � DUNN, NORTH CAROLINA 28335
(910) 230-3505 , FAX (910) 230-9005
www.dunn-ne.org
October 21, 2016
Munishree, LLC
415 Spring Branch Road
Dunn, NC 28334
Re: Condemned Structure located at 510 Spring Branch Road (PIN #: 1516-71-5790.000)
Dear Property Owner(s):
Mayor
Oscar N. Han -is
Mayor Pro Tem
Billy Tart
Council Members
Buddy Maness
Dr, Gwen McNeill
Frank McLean
Chuch Tumage
Billy Barfield
City Manager
Ronald D. Autry
The undersigned is the Chief Building Inspector for the City of Dunn and I am writing in reference to the condemned
structure located at 510 Spring Branch Road.
Pursuant to North Carolina General Statute 160A-428, a hearing was held on October 20, 2016 at which you were given a
time to present plans and/or arguments and evidence pertaining to the matter. The hearing was attended by Amar Patel,
Suresh Patel, Samantha Wullenwaber, and Steven King,
The Building Inspector finds that the structure is in a condition that constitutes a fire or safety hazard and is dangerous to life,
health, or other property.
The City of Dunn advises you to remedy the defective conditions by repairing or demolishing the structure within sixty (60)
days from the date of this correspondence, which will be December 19"', 2016.
Failure to comply with this order will result in the demolition of said structure by the City of Dunn and appropriate legal
action will follow to recover all expenses, including demolition costs and tipping fees at landfill.
Should you have any questions in regard to this matter please contact my office at (910) 230-3505.
Sincerely,
Steven Kin
Chief Building Inspector
CC: New Dunn Hotel, LLC
Certified Mail:
Date: 10/21 /2016
Receipt #: 7013 3020 0000 4563 9249
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Oscar N. Harris
UNN
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Billy Tail
city of dune Council Members
Buddy Maness
Dr. Gwen McNeill
INSPECTIONS DEPARTMENT Frank McLean
POST OFFICE BOX 1065 ^ DUNN, NORTH CAROLINA 28335 Billy Bald Chuck Trfield
(910)230-3505 ° FAX (910) 230-9005
City Manager
www.dunn-nc.org Ronald D. Autry
October 21, 2016
Munishree, LLC
415 Spring Branch Road
Dunn, NC 28334
RE: Appeal Process
Dear Property Owner(s),
Should you wish to appeal the Building Inspector's Order after Hearing, these are the following steps you
should take:
Upon receiving the order to take corrective action letter giving you sixty (60) days to remedy the
defective conditions of the structure by repairing or demolishing, you may at that time appeal the
Building Inspector's decision by addressing a letter stating that you wish to appeal the Building
Inspector's decision of sixty (60) days. The 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
The appeal letter must be received in the Inspection's office within 10 days of issuance of 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.
Sincerely,
Steven King
Chief Building Inspector
Dt.NN
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city of dunn
INSPECTIONS DEPARTMENT
POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335
(910) 230-3505 < FAX (910) 230-9005
www.dunn-ne.org
October 20 2016
The following attendees were present for the Condemnation Hearing for
510 Spring Branch Road on October 20, 2016 in Dunn, NC.
W
H
,g'"A , C�a�IIAcw er
north Carolina Mayor
Oscar N. Harris
Mayor Pro Teen
Billy Tart
Council Members
LW-.DUNN Buddy Maness
City of dunn Dr. Gwen McNeill
Frank McLean
INSPECTIONS DEPARTMENT Chuck Tumage
POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 Billy Barfield
(910) 230-3505 > FAX (910) 230-9005 City Manager
www.dunn-nc,org Ronald D. Autry
October 12, 2016
Munishree, LLC
415 Spring Branch Road
Dunn, NC 28334
Location of Structure: 510 Spring Branch Road, Dunn, NC 29334 (PIN # 1516-71-5790.000)
Dear Property Owner(s),
Please be advised that the undersigned is the Chief Building Inspector for the City of Dunn, North Carolina and I am writing
in reference to the structure at 510 Spring Branch Rd..
zrsuant to North Carolina General Statute 160A-426, I am serving notice that on the date of this correspondence, the
structure located on the property at 510 Spring Branch Rd. is hereby condemned. Based on my inspection of the property, it
appears that the structure is in a condition that constitutes a fire and safety hazard, and is dangerous to life, health, and
property and is a public nuisance.
In accordance with N.C.G.S. 160A-428, a hearing will be held on October 20, 2016 at 3:00 p.m. in the office of the Building
Inspector located at 102 N. Powell Ave. in Dunn at which time, you shall be entitled to be heard in person or by counsel and
to present plans and/or arguments and evidence pertaining to the matter.
Following the hearing, I shall issue order to repair or demolish the structure at such timetable as appears appropriate.
I urge you to give this matter your immediate attention.
Since ely,
Steven Kin
Chief Building Inspector
Cc:
New Dunn Hotel, LLC
Certified Mail:
Receipt #: 7013 3020 0000 4563 9164
Tate: 10/12/16
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DUNN
DUNN DUNN
W_JAll-AmericaCia
it,f ,,,,,, All -America City
1 r
City Council Agenda Form �
°
Meeting Date: January 10, 017 °
1989 * 2013
1989 * 2013
SUBJECT TITLE: Set Date for Budget Retreat- FY 2017.2018
Presenter: Mana erAutr
Department: Administration
Attachment: Yes X
No
Description:
Public Hearing Advertisement Date:
91 5M
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. Proposed time to convene is 8:30 am.
This Budget Retreat will prioritize goals of the City and how to accomplish them for FY 2017-2018 and
beyond.
BACKGROUND:
BUDGET IMPACT:
RECOMMENDATION/ACTION REQUESTED:
Authorize approval of the proposed Budget Retreat date as March 3, 2017 at the Dunn
Enrichment Center.
DUNN _ Dnorth carolina UNN DUNN
All•AmericaCIW city of dunn All -America
1 ► City Council Agenda Form 1
° Meeting Date.: January/ 10, 2017 °
1989 * 2013 1989 * 2013
SUBJECT TITLE: Financial Report
Presenter: Finance Director Mark Stephens
Department: Finance
•
Attachment: X Yes No
Description: Financial Update
Public Hearing Advertisement Date:
PURPOSE:
Attached please find the Financial Update as of November 30, 2016 for your review
BACKGROUND:
BUDGET IMPACT:
RECOMMEN DATIONIACTION REQUESTED:
® north carolina
LWDUNN
city of dune
FINANCE DEPARTMENT
POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335
(910) 230-3500 • FAX (910) 230-3590
www.dunn-nc.org
MEMORANDUM
To: Honorable Mayor, City Council Members
From: Mark Stephens, Finance Director
Subject: Financial Report for Period Ending 11/30/2016
Date: January 10, 2017
Mayor
Oscar N. Harris
Mayor Pro Tern
Billy Tart
Council Members
Buddy Maness
Dr. Gwen McNeill
Frank McLean
Chuck Turnage
Billy Barfield
City Manager
Ronald D. Autry
• The City as of November 30, 2016 had $1,526,094 in cash in the General Fund and
$2,416,790 in the Water -Sewer Fund. In November of 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
collection through November were $1,304,061 or 36.86% of budget.
• Sales Tax Revenue is $626,452 or 37.40% of budget. Benchmark for this 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.
DUNN
AII�Aleeriw Cip�
1989*38)a
DUNK
��Dnorth Carolina DUNy�
LINN
AII•AMINCIGHY
city of dann AII-AMIC8914
111111
City Council Agenda Forth'11111
°
Meeting Date. January 10, 2017 °
1989*2013
1989 *2013
SUBJECT TITLE: Tax Report
Presenter: Mark Stephens
Department: Finance
•
Attachment: X Yes
No
Description: Monthly Tax Collection Report '
Public Hearing Advertisement Date:
PURPOSE: Tax Collection Report for the month of November 2017, for your consideration.
BACKGROUND:
BUDGETIMPACT:
RECOMMENDATION/ACTION REQUESTED:
north carolina Mayor
Oscar N. Harris
Mayor Pro Tem
Billy Tart
.DUNN Council Members
city of Cl U ri ri Buddy Maness
Dr. Gwen McNeill
FINANCE DEPARTMENT Frank McLean
POST OFFICE BOX 1065 o DUNN, NORTH CAROLINA 28335 Chuck Tannage
Billy Barfield
(910) 230-3500 • FAX (910) 230-3590
City Manager
www.dunn-nc.org Ronald D. Autry
Current Year Tax Collection through November 30, 2016
2016 TAXES
Ad Valorem Levy
Collections thru November 2016
Taxes Receivable November 2016
Percentage Collected
DUNN
A�AIaeNee CITY
1989*3UU
Downtown
City Taxes Total
$ 3,905,036 $ 34,761 $ 3,939,797
1,242,289 4,924 1,247,213
2,662,747 29,837 2,692,583
31.81% 14.17% 31.66%
comma
'!!�r Nam
_ _ DUNN
AlftedcaClty M-A medca0v
11111f City Council Agenda Form 1 1
Meeting Date: January 10, 2017 ••
SUBJECT TITLE: Building Report, Planning Report, Recreation Report & Library Report
Presenter: Assistant City Manager Steven Neuschafer
Department:
'
Attachment: X Yes No
Description: Monthly Reports
Public Hearing Advertisement Date: NIA
PURPOSE:
Attached please find the following Monthly Reports for your review:
Building Report December, 2016
Planning Report December 2016
Recreation Report December, 2016
Library Report
BACKGROUND:
BUDGETIMPACT:
RECOMMENDATIONIACTION REQUESTED:
�n „
uNN
w�iuc ramnrcm' malEirr
December 2016 ( Monthly Development Report
Planning & Inspections Department 1 102 N. Powell Ave., Dunn, NC 28334 1 phone 910-230-3503 1 fax
910-230-9005 ( www.dunn-nc.org
Sign Permits 4
Zoning Enforcement 4
Planning & Zoning Information (Cont'd):
• EPA Brownfields Grant:
o Completed the phase II on property on S. Fayetteville Avenue and S. Railroad Avenue.
• Agreed to begin work on a Brownfields Agreement for the potential buyer of the
property at S. Fayetteville Avenue/S. Railroad Avenue. This will allow the
J IIIIINN
�rz sommun' n macEen
potential owner to develop the property in the future and provide some
safeguards.
o Submitted The FY17 Brownfield Assessment Grant Application
Code Enforcement Map December 2016
ry
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north carolina
Mayor
Oscar N. Harris
D UINN
Mayor Pro Tern
Billy Tart
Council Members
city of d u n n Buddy Maness
Dr. Gwen McNeill
PARKS & RECREATION DEPARTMENT Frank McLean
POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 25335 Chuck Tannage
Billy Barfield
(910) 230-3500 • FAX (910) 230-3590 City Manager
www.dunn-nc.org Ronald D. Autry
Recreation Monthly Report: December 2016
OVERVIEW:
• Our 2017 Winter Sports games for Pee Wee and Midget teams will begin the week of January 3.
• Our next Recreation Advisory Board meeting will be January 12, 2017.
RENTALS:
• Dunn Community Building/P. K. Vyas BB&T room rentals......................................................................2
• Picnic Shelter Rentals....................................................................................................................................1
YOUTH PROGRAMS:
• 2017 Instructional League teams will begin practices on January 7, 2017.
• Our Indoor Soccer registrations will begin January 3rd and end on February 15th.
P. K. VYAS CENTER:
Memberships
NewMemberships.........................................................................................................................................3
RenewedMemberships................................................................................................................................47
Membership Growth from November 2016 compared to December 2016.................. ....................... 27%
Guest Participation from November 2016 compared to December 2016.........................................133%
DUNN
11114merin C"
r I f
1989*2013
DU
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— D UN
All•AmericaCity
6t,, of d n,,„ AII•AmericaCily
f I'
City Council Agenda Form I i
°
Meeting ' Date: January10 2017
1989*2013
1989*2013
SUBJECT TITLE: Police Report
Presenter:
Department: Police
Attachment: X
Yes No
Description: Monthly Police Report
Public Hearing Advertisement Date:
PURPOSE:
Attached please find the Police Report for the month of December, 2016 for your review.
1ACKGROUND:
BUDGETIMPACT:
RECOMMENDATION/ACTION REQUESTED:
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Arrest Misdemeanor Totals by Officer
Dunn Police Department
(12/01/2016 - 12/31/2016)
Total Charges On All Total
Arresting Officer: Misdemeanor Arrests: Misdemeanor Arrests:
469 - Alex K. Godwin 7 3
9356 - C. M. Dean 4 4
3554 - Carnell N. Campbell, Jr
8
4
211 - Harold D. Collins
9
5
7325 - Holly M. Pendergraph
7
4
176 - James W. Brannan
4
2
420 - Johnathan A. Butler
3
2
560 - Joshua D. Akers
4
3
4318 - Justin R. McLeod
5
3
086 - Lt. Cary A. Jackson
13
7
7845 - Matthew V. Matos
7
4
071 - Nicholas J. Parrilla
3
1
522 - Phillip G. Bass
1
1
596 - PO I Nicholas J. Simmons
8
4
596 - P01 Nicholas J. Simmons
1
1
0576 - Rebecca J. Gipson
1834 - Robert W. Gautier
2
4
2
4
0380 - Seth J. Crompton
2
2
098 - Sgt John M. Parker
15
7
197 - Sgt Joseph E. Byrd
1
1
577 - Sgt. Clark White
155 - Sgt. Jeffrey A. Honeycutt
1
3
1
3
Total: 112
68
Date: 01/03/2017 -- Time: 09:37
Page 1
Arrest
Arresting Officer:
Felony Totals by Officer
Dunn Police Department
(12/01/2016 - 12/3112016)
Total Charges On All Total Felony
Felony Arrests: Charges:
Total Felony
Arrests:
123 - Angela M. Hinson
11
11
4
7325 - Holly M. Pendergraph
3
1
1
176 -James W. Brannan
560 - Joshua D. Akers
1
8
1
4
1
2
4318 - Justin R. McLeod
1
1
1
086 - Lt. Cary A. Jackson
5
2
1
596 - PO I Nicholas J. Simmons
2
1
1
1834 - Robert W. Gautier
2
2
1
0380 - Seth J. Crompton
7
5
2
098 - Sgt John M. Parker
5
3
1
155 - Sgt. Jeffrey A. Honeycutt
7
Total: 52
7
38
3
18
Date: 01/03/2017 -- Time: 09:37 Page 1
Citation Totals by Charge
Dunn Police Department
(12/01/2016 - 12/31/2016)
Charge: Number of Charges:
Speeding (Misdemeanor)
1
Speeding (Infraction)
25
Seat Belt
4
Passenger Seat Belt - Juvenile
2
DWI
6
No Operator License
10
Driving While License Revoked
31
Expired Registration
23
Inspection
2
Unsafe Movement
3
Failure To Stop (Stop Sign/Flashing Red Light)
2
Running Red Light
7
No Insurance
5
Possess/Consume Alcohol- Passenger
3
Failure To Reduce Speed
4
Other (Misdemeanor)
2
Other (Infraction)
17
Other (2nd Charge - Misdemeanor)
5
Other (2nd Charge - Infraction)
50
Total:
202
Date: 01/03/2017 -- Time: 09:39 Page 1
CID — Monthly Report — December 2016
2016
Adult
Assn'd
Cases
Juv-
Assn'd
- Cases
C/E
Adult
C/E
Juv
C/B/A
Adult
C/B/A
Juv
UNF
Adult
UNF
Juv
Leads
Ext'd
Adult
Leads
Ext'd
Juv -
Closed
Cases
Adult
Closed
Cases
Juv
I/A
Adult
I/A
Juv
Lt. B. Tyndall
2
--
0
--
1
--
0
--
5
--
6
--
0
--
Lt. A. M. Hinson
15
2
1
0
0
3
0
Sgt. K. Barbour
2
--
1
--
2
--
0
--
3
--
6
--
0
--
Inv. M. Smith
0
2
4
1
3
11
1
Inv. J. Brannan
15 .
12
2
2
3
6
0
0
2
0
7
8
0
0
CSI B. Halpin
11
--
1
--
0
1
8
--
10
0
Sgt. Honeycutt
1
--
0
--
0
--
0
0FT
--
0
0
--
GRAND TOTALS
46
12
8
2
11
6
2
0
21
0
43
8
1
0
2016
Adult
Arrest
Misd
Adult
Arrests
Fel
Juv
Arrest,
Misd
Juv
Arrests
Fei
Total
Arrest
1t. B. Tyndall
0
3
3
Lt. A. M. Hinson
3
4
--
--
7
Sgt. K. Barbour
1
2
--
--
3
Inv. M. Smith
2
8
--
--
10
Inv. J. Brannan
0
10
7
0
17
CSI B. Halpin
0
0
0
0
0
Sgt. J. Honeycutt
0
0
0
0
0
GRAND TOTALS
6
27
7
0
40
RECOVERED PROPERTY
Lt. B. Tyndall
$
0.00
Lt. A. M. Hinson
$
0.00
Sgt. K. Barbour
$
0.00
Inv. M. Smith
$
0.00
Inv. J. Brannan
$
4.00
CSI B. Halpin
$
0.00
Sgt. J. Honeycutt
$
0.00
TOTAL PROPERTY
$
4.00
SEIZED DRUGS
Marijuana
$
0
Cocaine
$
0
Meth
$
0
TOTALDRUGS
$
0
TOTAL RECOVERED;
$
4.00
JUVENILE MONTHLI
REPORT
Criminal Investigation Division
Detective J. Brannan
MONTH OF DECEMBER 2016
TOTAL
JUVENILE CASES
CASES ASSIGNED: 12 12
CASES FILED INACTIVE: 00 00
CASES EXCEPTIONALLY CLEARED: 02 02
CASES CLEARED BY ARREST: 06 06
CASES UNFOUNDED: 00 00
TOTAL CASES CLOSED: 08
CURFEW WARNINGS 00
CURFEW VIOLATIONS 00
SPECIAL OPERATIONS WORKED: 0
COMMUNITY SERVICES/PRESENTATIONS: 0
VALUE OF RECOVERED PROPERTY: $4.00
VALUE OF NARCOTICS/MONIES SEIZED: $0.00
ARRESTS: (ADULT) FELONY: 00 (ADULT) MISDEMEANOR: 03
(JUV) FELONY: 00 (JUV) MISDEMEANOR: 04
TOTAL ARRESTS: FEL: 00 MISD: 07
Dunn Police
115Wcorics INSIox
nt
Narcotics Unit Monthly Report
December 2016
Search Warrants - 0
ABC Inspections - 0
ABC Violations - 2
ABC Compliance Check - 0
ABC Assists - 0
Arrests
Felony Arrests - 8
Misd. Arrests - 17
Narcotics Seized
Marijuana -1 pound Cocaine - 0 Meth -
Heroin — %2 ounce heroin
Pills — 10 hydrocodone pills 8 oxycotin pills
Ecstacy- 2 grams
Other- 6 promethazine tablets
K-9 Utilizations-4
Property Seized
0 grams
US Currency - $ 0
Firearms -2
Pill Drop Box - 0.00 Lbs. of Prescription Pills
401 East Broad Street Dunn, North Carolina 28334 (910) 230-3562
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December 1, 2016
ANIMAL CONTROL ACTIVITIES
#CALLS LOGGED:
(complaints: 91 Citizen assist: 78)
#DOGS PICKED UP:
#DOGS LEFT IN POUND: October
#DOGS RETURNED:
#DOGS ADOPTED:
#DOGS ESCAPED:
#DOGS PUT TO SLEEP:
#DOGS IN POUND:
#DOG BITES REPORTED:
#DOGS QUARANTINED:
#CAT BITES:
#CATS QUARANTINED:
#CATS PICKED UP:
#CATS PUT TO SLEEP:
#CATS ADOPTED:
#CATS ESCAPED:
#CATS RETURNED:
#OTHER ANIMAL CALLS
#WARNINGS ISSUED:
MILEAGE:
Respectfully Submitted,
November 2016
169
63
13
03
27
1
31
14
0
III
1
1
31
21
12
0
0
0
WRITTEN: 14
VERBAL: 22
End of Month: 102864
Beginning of Month: 102176
Truck #55 688
Patti Lane Collins, Animal Control Officer
CIVIL CITATIONS: 09
End of Month: 151065
Beginning of Month: 150209
Truck #56 856
Page I 1
Announcements
January 10, 2017
City Council Meeting
➢ City of Dunn offices will be
closed Monday, January 16' for
Martin Luther King, Jr. Day
➢ Annual Martin Luther King, Jr.
Parade will be held on Monday,
January 16th at 11:00 am
Downtown Dunn
➢ Mid -Carolina Council of
Governments Annual Dinner
Meeting will be held on Thursday,
January 26th @ 6 : 3 0 pm at the
Coharie Country Club 101 Coharie
Lane, Clinton, NC.
Page 12
Announcements
January 10, 2017
City Council Meeting
➢ DACC Annual Banquet will be
held at the Dunn Shrine Center on
Tuesday, January 31, 2017 at 6:00
pm.
➢ The next regular City Council
Meeting is scheduled for Tuesday,
February 7, 2017 @ 7:00 pm
CLOSED SESSION CRITERIA
(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
(O R)
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).