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Agenda 05-09-2017Dunn City Council Meeting Agenda Tuesday Evening, May 9, 2017 7:00 p.m., Dunn Municipal Building Call to Order Invocation Pledge of Allegiance SECTION 1) Adjustment and Approval of the May 9, 2017 meeting agenda 2) Retirement Resolution and The Order of the Long Leaf Pine Award - Ronnie Autry 3) Proclamation — Leaders of Tomorrow PUBLIC COMMENT PERIOD 4) 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 5) Demolition of House — 101 Short Street PIN# 1516-35-0263.000 6) Conditional Use Permit CU-01-17 — RP Wellons Land & Development, LLC - 1700 block of Friendly Road — PIN# 1517-24-6607.000 7) Minutes —March 3, 2017 Budget Retreat/Planning Session 8) Minutes — March 14, 2017 9) Minutes -April 11, 2017 10) Minutes — April 21, 2017 Special Call Meeting 11) Destruction of Records Human Resources ITEMS FOR DECISION 12) Re -Award of Mowing Contract 13) Temporary Blocking of Street — Kellie's Krew Run for a Cure 14) Consideration of Ordinance to Demolish House — 604/606 S. Fayetteville Ave — PIN# 1516-45-7909.000 15) Consideration of Ordinance to Demolish House — 101 Short Street — PIN# 1516-35-0263,000 16) Conditional Use Permit CU-01-17 — RP Wellons Land & Development, LLC - 1700 block of Friendly Road,— PIN# 1517-24-6607.000 17) Benson Water Contract 18) Audit Contract FY 2016-2017 ITEMS FOR DISCUSSION AND/OR DECISION 19) Consideration to Direct City Attorney to Proceed with the Due Diligence Process on 502 E. Edgerton Street _ PIN# 1516-76-7605,000 and 506 E. Edgerton Street — PIN # 1516-76-7652.000 for Purpose of a Land Donation to the City 20) Set Date for Budget Work Session 21) Financial Report 22) Administrative Reports a. Tax Report b. Planning & Inspections Report c. Public Work Report d. Recreation Report e. Library Report f. Police Report 23) City Managers Report 24) Announcements 25) Information 26) Closed Session — If one is called, the General Statute(s) allowing the Closed Session will be cited in the motion ADJOURNMENT "This institution is an equal opportunity provider and employer" SECTION1. Adjustment and Approval of 1, 2017 Meetiwu4 DUN t t, „�,: f}�Jl` N UNN AII•Ameriea Git All-Amerim My .'' I.f City Council e 'car 1111. Aleeting Date-, February 9, 2016 I489'�' 19l3 1989 * 2011 SUBJECT TITLE: Retirement Resolution and The Order of the Long Leaf Pine — Ronnie Autry Presenter: Mayor Harris Department: X Description: Retirement Resolution/The order of the Long Leaf Attachment: Yes No Pine Public Hearing Advertisement Date: Mayor Harris will present a Retirement Resolution and The Order of the Long Leaf Pine to Ronnie Autry, in recognition and appreciation of his 39 years of service to the City of Dunn. BACKGROUND: BUDGET IMPACT: RECOMMEN DATIONIACTION REQUESTED: 1UNN rth cn nI i"a blkd UNN I� OF THE CITY OF DUNN CFFY COUNCIL EXPRESSING APPRECIATION TO RONALD (RONNIE) D. AUTRY UPON HIS RETIREMENT WHEREAS, Ronnie Autry retired on April 1, 2017 as City Manager with the City of Dunn with 39 years of service; and WHEREAS, Ronnie was born and raised in Erwin, North Carolina and attended Fayetteville Technical Institute where he graduated with an Associate's Degree in Civil Engineering, and WHEREAS, Ronnie served honorably in the Navy from August, 1969 to May, 1972 with tours in Vietnam and Greece; and WHEREAS, Ronnie met the love of his life, Jeanne Lane, and they married in April, 1973, now celebrating their 44'h year of marriage; and WHEREAS, Ronnie began his career with the City of Dunn in 1978 as an Assistant Public Works Director; and WHEREAS, in 1979, It was clear that Ronnie displayed superior knowledge and leadership skills and was promoted to the Public Works Director; and WHEREAS, Ronnie served as Interim City Manager in 1989, 2001-2002 and 2006. His level headed decision making and ability to provide leadership in difficult times proved to be invaluable to the City of Dunn; and WHEREAS, on August 3, 2006, Ronnie was appointed as City Manager, where he has served his hometown community, admirably until his retirement; and WHEREAS, in 1989 and 20t3, Ronnie was an integral part of the team that won the "All America City Award" and was involved in all phases of the competition; and WHEREAS, Ronnie has proven himself time and again, to be a dedicated and resourceful public servant who has gained the admiration and respect of his co-workers, employees and residents of the City of Dunn; and WHEREAS, as City Manager, Ronnie was the Budget Officer for the City and he consistently delivered a balanced budget and proved his fiscal responsibility by providing more services to the residents while doing so with less resources. On numerous occasions from the Government Finance Officers Association (National Office), has awarded the City of Dunn a Certificate of Achievement for Excellence in Financial Reporting; and WHEREAS, Ronnie has served on various boards and committees such as: Finance Director to the Dunn Area Tourism Authority, Dunn Rotary Pancake Supper Co -Chair, General William C, Lee Golf Tournament Committee, Program Committee and Paul Harris Fellow, President of the Dunn Shriner's in 1995 and Dunn Chamber Board of Directors in 2009. Ronnie is a member of the Westfield Baptist Church where he is a Deacon, Usher, Treasurer and serves on the Grounds Committee; and WHEREAS, Ronnie's career has not only been limited to Dunn. Ronnie has been an exemplary ambassador for the City and community as he has built and fostered partnerships across eastern North Carolina, earning the respect and admiration of his peers and area officials throughout his career; and WHEREAS, the Mayor and City Council of the City of Dunn are desirous on behalf of themselves, the other City officials, employees and the residents of the City of Dunn, of expressing to Ronnie Autry their deep appreciation and gratitude for the service rendered by him to the City over the years. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Dunn, North Carolina that: 1. We express to Ronnie our deep appreciation and gratitude for the dedicated service rendered during his tenure with the City of Dunn. 2. We offer Ronnie our very best wishes for success, happiness, prosperity and good health in his future endeavors. 3. This Resolution shall be incorporated into the official Minutes of the City of Dunn, and shall be in full force and effect from aqrl after this 11"' day of April, 2017, scar N. Harris, ayor - Attest: y �. of 1 � ��✓i`J ennifer M. Fortin, City Clerk DUNN 1111[f City Council Agenda Meeting + 2017 SUBJECT TITLE: Proclamation Presentation — Leaders of Tomorrow Presenter: Attachment: X Yes No Description: Proclamation Public Hearing Advertisement Date: Mayor Hams will present a Proclamation to the Leaders of Tomorrow teacher and students. BACKGROUND: BUDGET IMPACT: RECOMMEN DATIONIACTION REQUESTED: _ I)LTNN xNN All -America City J!1' t/(- oww 1989 * 2013 2017 WHEREAS, North Carolina students build bridges of learning for the future; and WHEREAS, these 11 students seek instructional opportunities that prepare them for the demand of the changing workplace environment; and WHEREAS, our Leaders of Tomorrow understand the democratic principles that build this nation and how those foundations of freedom are serving as hope for people around the world and in our community; and WHEREAS, teachers like Mr. Wesley Sills are responsible for molding students who have participated in the Advanced Placement US Government class of Triton High School since May 6, 1993 into our "Leaders of Tomorrow"; NOW THEREFORE, BE IT PROCLAIMED that I, Oscar N. Harris, Mayor of the City of Dunn, North Carolina on behalf of the Dunn City Council of the City of Dunn hereby proclaim May 9, 2017 as Leaders of Tomorrow Day —a time for the public to express their appreciation for the fine work our future Leaders of Tomorrow do and to salute these students, who represent an investment in excellence in our community. This the 9t' day of May, 2017. 40 A A A It' Oscar N. Ha is Mayor Attest: jnnifer M Fortin, ty Clerk 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: I. Anyone desiring to address the City Council must sign up and register on a sign-up sheet available on the podium within the City Council chambers prior to the Mayor calling the meeting to order. The sign-up sheet shall be available thirty (30) minutes prior the beginning of the City Council meeting in the City Council Chambers. Once the Mayor has called the meeting to order, the City 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. H JUJ DO" - N N City Council Agenda For wawR 0.en - wxp,xin Meeting Date: May 9, 2017 SUBJECT TITLE: Demolition of House: 101 Short Street PIN # 1516.35.0263,000 Presenter: Chief Buildinq Inspector Steven Kinq Attachment: X Yes No Description: Notice of Public Hearing Public Hearing Advertisement Date: 4/25/17 & 5/02/17 PURPOSE: The Public has been notified that oral and written comments will be heard and received concerning the demolition of the dwelling located at 101 Short Street, Dunn, NC. The public hearing was duly advertised on April 25, 2017 and May 2, 2017. 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. 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 MAY 9, 2017 IN THE COURTROOM OF THE DUNN MUNICIPAL BUILDING. THE FOLLOWING ITEMS WILL BE DISCUSSED. PUBLIC HEARING: (1) A HEARING WAS HELD ON FEBRUARY 20, 2017 IN REFERENCE TO THE DWELLING LOCATED AT 101 SHORT STREET. 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), EDDIE D. SMITH TO REPAIR OR DEMOLISH SAID DWELLING. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE DWELLING REMOVED AND ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY. ALL PERSON DESIRING TO BE HEARD, EITHER FOR OR AGAINST THE PROPOSED ITEMS SET FORTH ABOVE, ARE REQUESTED TO BE PRESENT AT THE ABOVE MENTIONED TIME AND PLACE. STEVEN ICING CHIEF BUILDING INSPECTOR CITY OF DUNN Advertise: April 25, 2017 and May 2, 2017 r)Ut\\ r yw T� y UU�:N Wag City Cvutnci agenda For°... ; Meeting_ ate: May 9, 2017 SUBJECT TITLE: Conditional Use Permit CU-01.17 RP Wellons Land & Development PIN # 1517.24.6607.000 1700 block of Friendly Road Presenter: Samantha Wullenwaber, Planning Director Department: Planning & Zoning Attachment: X Yes No Description: Public Hearing Notice Public Hearing Advertisement Date: A 0 25 & May 2, 2017 94 This is a request for a Conditional Use Permit [Zoning Ordinance Article IX, Division 3] from RP Wellons Land & Development LLC, The conditional use request is for a planned residential development. BACKGROUND: 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 April 25 & May 2, 2017. BUDGETIMPACT: NONE 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 NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY OF DUNN PLANNING BOARD ON MAY 2, 2017 AT 6:30 P.M. AND BY THE CITY COUNCIL OF THE CITY OF DUNN ON MAY 9, 2017 AT 7:00 P.M. IN THE COURTROOM OF THE DUNN MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE FOLLOWING ITEMS: CONDITIONAL USE PERMIT REQUEST CU-01-17 PIN N 1517-24-6607.000 RP WELLONS LAND & DEVELOPMENT, LLC (owner & applicant) This is a request for a Planned Residential Development located on 9+/- acres in the 1700-1800 block of Friendly Rd. ALL PERSONS DESIRING TO BE HEARD EITHER FOR OR AGAINST THE PROPOSED ITEMS SET FORTH ABOVE ARE REQUESTED TO BE PRESENT AT THE ABOVE MENTIONED TIME AND PLACE. COPIES OF PROPOSED ITEMS ARE AVAILABLE FOR REVIEW AT THE DEPARTMENT OF PLANNING DURING NORMAL BUSINESS HOURS MONDAY THROUGH FRIDAY. WRITTEN COMMENTS MAY BE ADDRESSED TO: PLANNING DEPARTMENT CITY OF DUNN P.O. BOX 1065 DUNN, NORTH CAROLINA 28335 ADVERTISE: APRIL 25, 2017 MAY 2, 2017 DUNK _ _ DUNN DUNK All -America City k, 01,,,,,,,, All•AmericaCity City Council Agenda Farm 111 If ® Meeting Date: May 9, 2017 1989 * 2013 1989 * 2013 SUBJECT TITLE: Minutes— Budget Retreat March 3, 2017 Presenter: Department: Attachment: X Yes No Description: March 3, 2017 — Minutes Budget Retreat Public Hearing Advertisement Date: N/A Attached please find the minutes of the March 3, Ml713udget Retreat for your consideration. BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Budget Retreat/Planning Session on Friday, March 3, 2017 from 8:00 a.m. — 3:30 p.m. at the Central Carolina Community College, Dunn Enrichment Center. Council Present: Mayor Oscar N. Harris, Mayor Pro-Tem Billy Barfield, Council Members Buddy Maness, Dr. Gwen McNeill, Billy Tart and Chuck Turnage. Staff Present: City Manager Ronnie Autry, Assistant City Manager Steven Neuschafer, City Clerk Jennifer Fortin, Public Works Director Dean Gaster, Recreation Director Brian McNeill, Police Chief Bill Halliburton, Planning Director Samantha Wullenwaber, Chief Building Inspector Steven King, Human Resources Director Anne Thompson, Librarian Mike Williams and Finance Director Mark Stephens. Also Present: City Attorney P. Tilghman Pope, City Engineers Michael Goliber and Randy McNeill, and Daily Record Reporter Shaun Savarese. Absent: Council Member Frank McLean. Mayor Harris opened the meeting at 8:30 a.m. Mayor Harris gave a brief update on the Harnett Training School Facility and funding. Invocation — Mayor Harris gave the Invocation and the Pledge of Allegiance was repeated. MID -YEAR FINANCIAL REPORT FY 2016-2017/DEBT SERVICE Finance Director Mark Stephens presented the mid -year financial Report: Fund Balance as of 6/30/16 - $3,671,268 and at the end of FY 2011-2012 the Fund Balance was $3,460,282, which has increased $210,986 over the last four fiscal years. Cash/Investment balance as of 6/30/16 was $4,741,655 which is a total of the General Fund, Water & Sewer Fund and Stormwater Fund. This is a significant increase from 6/30/15 at $4,077,219. Some of this amount was due to being able to add money back in and some grants from 2015 for Rooms To Go and Love's Travel Plaza. Sales Tax Distribution was $1,503,668 in 2015 and increased to $1,603,327 in 2016. That number does not include the new Sales Tax Distribution, it is just an increase in sales tax collection throughout the state and within Harnett County. Property Taxes collected as of 1/31/17 was $3,659,969 or 99.03% of budget as where last year property taxes collected as of 1/31/16 was $3,317,334 or 93.76% of budget. The major increase there was Rooms To Go. Sales Tax collected as of 3/3/17 was $948,719 or 56.64% of budget as where last year sales tax collected as of 3/3/16 was $776,039 or 52.60% of budget. The new sales tax distribution is coming at roughly $17,000 month over what we received last year. Utility Franchise Tax as of 1/31/17 was $375,900 or 45.98% of budget as where last year the Utility Franchise Tax as of 1/31/16 was $411,115 or 59.58%of budget. This tax is subject to weather variations because it is based off of everyone's electric bill and natural gas. If there is a mild winter or cool summer it can really affect that number. Water/Sewer Revenue as of 1/31/17 was $2,759,679 or 61.33% of budget as where last year the Water/Sewer Revenue as of 1/31/15 was $2,736,652 or 60.81% of budget, and this is without Sampson County. Expenditures: General Fund expenditures as of 1/31/17 was 55.41%of budget Water/Sewer Fund expenditures as of 1/31/17 was 52.86% of budget Benchmarks for this time of year is 58.33%. General Fund Debt Service For the debt service for FY 2017-2018 $839,993 we have 3 pieces of debt services coming on next year such as public works equipment backhoe loader, 5 police vehicles and the limb truck that was purchased last year. Those are small and not a whole lot of increase over the current year. When you get to FY 2020-2021 your debt service load drops to $621,612. We paid off last year some loans that were getting towards the end of their term and they were small amounts. We paid off a water and sewer loan that saved us about $70,000 in debt service this year as well as a police car loan and a small equipment loan which saved us about $45,000 in this year's budget. Water and Sewer Debt Service For the debt service for FY 2017-2018 $801,541, it slowly drops over the next five years. Finance Director Stephens noted the City applies for the USDA loans because they give us a grant portion and a little longer term which helps the debt service not be so high and those are typically 7 years. With our public works equipment they gave us 10 years because we thought we could get 10 years out of those pieces of equipment. Mayor Harris noted with the last USDA grant through the Community Development we were able to get an extra police car, so instead of 5 we got 6. Finance Director Stephens noted a $29,000 grant was received for the back hoe and front end loader. A year ago there was some public works equipment that needed replacing and we were able to address those needs. The City was able to keep our police car rotation intact and we were able to add to the fund balance and increase our cash flow. We also addressed the assessment and weedy lot issues. Finance Director Stephens noted the City switched to the State Health Plan on January 1st and we will really see that savings in next year's budget. State Health Plan City Manager Autry spoke with Representative David Lewis regarding the state health plan and allowing retirees over 65 on the plan. The state retirees are allowed to be on the state health plan with the regular medical but when they wrote the bill to allow municipalities to join, they denied any pre-65 retirees. We don't know why but I have sent an e-mail requesting they review that portion of the bill and see if they can make an amendment to the bill and put it in. Finance Director Stephens noted last year it was $8,300.00 per person for health, dental and the little bit of life insurance we pay for, this year we are budgeting $6,300.00 per person. With the old plan we paid the premiums but we also were responsible for the HRA part of it. The plan paid up to a certain point and the City was responsible up to another point. We had to budget $100,000 for that and then $50,000 - $60,000 for the retirees. Finance Director Stephens noted he received an email from Council Member Turnage and the state requires the City to have 8% general fund expenditures in your available fund balance and we ended June 301^ with 27.10% so we are three times ahead of what the state requires us to have, but the flip side the state wide average for all the municipalities in North Carolina at June 301° was 46.86%. Our fund balance is adequate. Revaluation Finance Director Stephens stated last year it was discussed the revaluation is this year and will affect us next year in the FY 2017-2018 budget. County has gone through and finished their revaluation on our numbers. The latest number we received from the county was just real property. The current valuation is $696,240,755, the revaluation number is $689,668,725, a decrease of $6,572,030, we have a net loss there of $32,860.15. At $32,000 we are talking about $78,000 less than % a cent on the tax rate. Every year the county has to submit to the state our tax valuation numbers. Going back to January 2014, our total tax valuation of real property was $617,674,000 and in 2015 it moved to $646,108,000 so we had an increase of almost $30,000,000, which was the partial Rooms To Go when it was still in construction. The latest report we have is $696,240,755, so from 2014 to the latest we are looking at almost $80,000,000 that has been added to the tax base. Assistant City Manager Neuschafer noted the Downtown District was one of the few that had an increase from $28,681,909 to $29,666,795. Waste Water — Special Order by Consent (SOC) City Manager Autry stated this is vital to the City as to what it can do for the City and the cost of what it will be to the City. The information you have, about half of it on the SOC you can throw away. We have been thrown a curve by the state with the concept of what we were looking at and the correspondence and meetings in the Fayetteville office the direction they gave us and now with the response we received back last week has totally changed and we don't know what their philosophy is going forward. Dean has contacted them and set up another meeting to find out what exactly is going on. Many years ago we went under an SOC, when we had a lot of violations and overflows. To stop the fines for that, you had to go under an SOC and tell them exactly what you would do to your system to improve it and they would waive any fines during the construction period for a number of years. During the rainy season a year ago, we were being fined constantly. We were fined almost $10,000 in a three month period of overflows. We met with the state and filled out the paperwork with the Fayetteville office and it was sent to the Raleigh office. Instead of doing a mass project we wanted to stretch it out over a number of years and we did the SOC and submitted to them and stage it out and they review it and come back and tell us if they like it or not. We submitted it like we were asked to do so we could move forward and the lady in Fayetteville we were working with retired and we are now working with an interim replacement overseeing it and it appears the comments are coming out of the Raleigh office. We did get a verbal response from them last week and it stated they would not go with the SOC until we had funding for a project we planned to do. This is reverse as to how it was always done We are waiting for the follow up from the verbal contact with a letter and we will schedule a meeting as soon as possible with them. Randy McNeill DMP Engineer noted they asked for an increase through the plant from 3.75 to 4.9 MGD and they said no more flow too. We also asked for at least 300,000 GPD in growth and in exchange for that they offered two projects, a flow equalization project and on rehab project. City Manager Autry noted we were looking at a quick fix with the state for minimal dollars to be spent at this time and that is how we came up with another equalization basin on the eastside of the City where it is overflowing and also it is pumping back to Pope Street where it overflows and then all the way to the plant and overflowing. With that we were looking at a tank. We were looking at a million gallon tank to keep the cost down, but when Randy and them started evaluation everything the volume went up to control as much overflow as we could and it went up to a 3 million gallon tank at $4,000,000. That is something now we need to rethink long term as to what we can do to improve the system and not just have a tank waiting there for a heavy rainfall to pump the sewer in to control the overflow. If we did repair the system the tank would just sit there anyway. Public Works Director Gaster noted if an act of God is declared than we are not fined but it has to be a wide spread event and we were not fined for Hurricane Matthew but we were fined for January, February and September 2016. We had over 10 inches of rain before Hurricane Matthew got here. City Manager Autry noted the City does apply for waivers every time but what feedback we receive which is very vague a lot of times, is there environmental people out here are monitoring what is going to Rhodes Pond and other areas and overflows and when they see in the paper we have dumped millions of gallons of sewer in the streams than all of a sudden they can go and request data to show what did you do with these people. City Manager Autry noted he had a meeting with Dean and Steven to look at taking some of the water that goes to the eastside creating some of the issue back to maybe putting an outfall line on the southern part of the City and go the exit 71 than go over to the plant into that side of it which would open up some major corridors and it would take about 1/3 of the volume off the Eastside Pump Station. It would get it to the plant and the plant can still put more through it but still be limited and we wouldn't have the impact we are seeing now and it would eliminate that Pope Road issue that we have all the time. That would be very expensive. Assistant City Manager Neuschafer noted the other benefit would be that you would have sewer availability all along that line. City Manager Autry noted if we could show a major project we might not have to go into an SOC and get locked into deadlines. Public Works Director Gaster noted we receive a warning letter every time and have a chance to respond with actions we have taken or are taking to improve the system or planning to improve the system so we could include this project as part of that response and it could help us. Mr. McNeill stated we have used federal money coming through the state, but right now that state is in play for about another year. The other funding source is the USDA Rural Development which if a grant funded program. Depending how our rates compare with other system rates and debt service in the surrounding areas. City Manager Autry noted the next grant application is March 31'' but has been extended until April 30`h, so we have a few months to deal with it, but instead of doing what they have done in the past, now before they will even accept an application you have to meet that minimum sewer rate, and we don't meet it. City Manager Autry noted we are at $30.03 and need to be at $33.10 for a 5,000 gallon user. We have been working on how to do that to least impact the minimum user and the number we have come up with there is about $1.50 per month and that is as low as we can go to get that $33.10. Mr. McNeill stated if we raise the rates to $33.10 (or 10.3% increase) for 5,000 gallons per month user now, we qualify for a 25%grant which would be a $1,000,000 grant and would reduce the $4,000,000 project loan need to $3,000,000. The $3,000,000 loan would result in annual payments of $183,500 with $60,000 in closing costs. It would make sense to raise the rates now and qualify for a loan and grant money. City Manager Autry noted when we apply the rates have to be in place and that decision will take place at the April Council Meeting to submit the application in April. Council Member Tart inquired if we went to Exit 71 with new sewer lines would we be able to generate extra revenue that would make it offset some of the cost? City Manager Autry noted you would be opening that corridor up for people interested in property over there where there is currently no sewer. The project debt would not come up for 3-4 years or more by the time you have it completed and that is why you do it in phases. Mr. McNeill noted we don't know the full scope of the project since we are going back to the state and what it will cost. We have three different funding sources and we don't know which one will be the best or it might be a combination of all three of them to make it work. That way we get some grant funds from two of them and a loan from the other. Until we know everything we don't know what debt service to generate. Street Resurfacing Project City Manager Autry noted a $1,000,000 was done 6 years ago and financed for 10 years and the debt service shows 4 more years of payments of about $115,000. We knew back then when we did that type of project that all of the other streets would deteriorate and that is where we are at and we can't wait for that debt to come off. There is just no way. What Dean and his staff has done is rode the streets and picked out and highlighted them on the map given to you that couldn't wait. Ms. Wullenwaber also made you maps for your district and we are asking you to go by and look at your district to see if we missed a vital street that you know that needs to be added to the list. The Mayor and I have talked about this being another $1,000,000 plus project. What will determine the amount we will be doing is if we can pull that $200,000 from the state than that $200,000 will be for our residential areas and other needs. We try to base it on the need of the street and we try to equal it out in the districts and be fair to everyone. Some districts are going to have it a lot worse and the attention has to be directed there. They have done the best they could in picking out the streets they feel are the worse. Mayor Harris stated Council needs to ride their districts with the maps provided and ride with Dean and point out the issues and then come back with a revised plan. Storm Water/FEMA Update City Manager Autry noted the stormwater study was in the packet in different areas and scenarios. Since the Hurricane and working with FEMA, they said unless the Hurricane ripped the pipes out they would not help repair the system, so all the plans we were working on they are on the wayside. When we did talk about upgrading some areas FEMA said it was 404 mitigation through the state. The state has allocated money for Hurricane Matthew but that is going to Lumberton, New Bern and areas that flooded and had major situations. We were looking at Divine Street crossing. Years ago we upgraded everything around Auto Zone and under 421 and then it gets down to Divine and backs up. It has been proposed in the past to put a third pipe in. In our conversations now, it seems like that is not the way to go because of the distance involved with a house sitting right there so we are looking at some box culverts there and Randy is getting some new prices as he is bidding the project. Mr. McNeill noted the Black River/Juniper Creek area, we are trying to make sure there is a larger pipe upstream and larger pipe downstream and the place in between is the bottleneck, so it doesn't allow the lower pipe to carry as much water as the pipe upstream. If we make the whole system stronger without replacing the whole system with something bigger which would be millions of dollars. We are still trying to carry storm events. The pipes upstream and downstream are only carrying 5 years which means we are still at the mercy of the storms. What you see during real big storms, the capacity of the pipes back up and an area floods. On 421 it is higher than Kim's BBQ and the water has to back up. Same thing happened at Westhaven. I spoke with residents over there and they said the water was to the bottom of their mailbox. We have some low lying lands and the water is going to get trapped. City Manager Autry stated that it will be something they continue to work on and come back hopefully with some project that is affordable. 15 minute break 10:32 a.m. —10:47 a.m. CONTRACTS 2017 Waste Removal Contract/Yard Waste Cart Update Assistant City Manager Neuschafer noted there is still a learning process on the carts and there are some issues with pick-up. Also, the largest thing is when it is appropriate to use the cart. The default answer is, put what you can in the cart because that is picked up every week and if it is not picked up call Dean's office and he will have it picked up. We are being very flexible with this because we want to provide and excellent service to the community. We still want everyone to get everything they can into the cart. On the enforcement side, Samantha and the Code Officer have been beginning to enforce and write citations for those not using the cart or using the cart improperly. If people would call and ask or call at all we could start helping them. It is when they start piling it all out there it becomes an issue because then we have to go talk to them about how we could have helped them before the big pile got out there. Planning Director Wullenwaber noted 111 stops have been done about yard waste cans. After citations are sent if the property is not cleaned up then we send Public Works over to clean it up and assess an administration fee of $125.00 and minimum fee of $50.00 for tipping fees. Grass Mowing Contract — Open Proposals Assistant City Manager Neuschafer stated the contract is out for proposal right now and they are due back March 8, 2017 by 4:00 p.m. The end of next week we should have some prices for the grass mowing for all of the interstate intersections, City properties we maintain (Library, City Nall, parking lots and public areas, round -a- bout, etc.) including the cemeteries. We have had approximately 14 interested bidders. When the responses come in from the bidders, we will take a look at where they are at and what their experiences are to make some decision. We will have some information for you for the regular March Council Meeting. Copier Contract Assistant City Manager Neuschafer noted the copier contract will be up in September and we will be putting out an RFP in July and have information at the August meeting. Banking Service Contract Assistant City Manager Neuschafer noted we are over our banking services contract and we will be sending that out for an RFP. 10IT-Ai111M AIA Grant City staff, with the assistance of DMP staff, applied for AIA Grants for the City water distribution system and the City wastewater collection system. The State Water Infrastructure Authority awarded funding grants on January 18, 2017. The City was not awarded a funding grant for its wastewater collection system. The City was awarded a $150,000.00 funding grant for inventory and assessment of its water distribution system. There is a required match of 5% ($7,500.00) which can be used to purchase equipment that will remain as City assets. There is a grant fee of 1.5% ($2,250.00) Mr. McNeill noted DMP would provide GPS surveying services to develop a GIS database of the City of Dunn water system, update the model of the water system and develop an updated CIP for future improvements to the water system. The initial data collection and mapping will include: • Valves and hydrants on raw water mains, WTP yard piping main valves, valves and hydrants on transmission mains, all distribution main valves and hydrants, and ground storage and elevated water tanks are to be GPS located. City staff will assist DMP in locating valves not easily located by visual observations. City staff will locate meters with GPS. • DMP will utilize historical pictorial maps of the water system and their 40 years of age as built project records to help locate valves and water line routes. • Water lines will be inserted to connect GPS located points. City staff will identify water line routes by painting routes near valves where water lines are not obvious. • All graphical information to be delivered in a GIS database. The existing historical pictorial maps, as built project plan records (40 years of which DMP maintains) and staff's knowledge of waterline ages and materials of construction will be added to the GIS database developed during the mapping task described above. City staff will also identify locations or inoperative or problematic valves and hydrants, meters and meter sizes. The AIA project will also include the purchase of an additional computer and tablet with necessary software to supplement the City's existing software and single tablet they have been using to locate and find critical valves on their main water transmission mains extending from the WTP in Erwin, to tanks in Dunn, and continuing to Benson and Eastover at the extremities of the regional system. The model of the existing water system will be updated based upon the more accurate data developed as a part of this Inventory Assessment project and the model will be re -calibrated by conducting updated flow test throughout the water system. After updating the model with then be utilized to predict future flow and pressure needs of the growing regional water system and also considering the age and condition of the water system components previously developed CIP needs can be re-evaluated and updated resulting in an updated CIP for the future. The CIP update will include estimated quantities and sizes of future improvements as well as budgets for their implementation. Other components of the water system including the raw water intake, raw water pump station, WTP, ground storage and elevated tanks, and booster pump stations will also be evaluated and future improvement to these water system components will also be included in the development of the updated CIP. Brownfields Grant Planning Director Wullenwaber discussed the EPA Brownfields Assessment Grant award in 2014. We have applied for another round of funding to continue the program. Scoping and inventory was performed in 2015. There is a Steering Committee, which is our Public Outreach with various community members. The members help with the prioritizing of the different sites. A consultant was hired and they went to the different industrial and commercial sites to find the potential Brownfields properties. Between 2015-2016, there has been 5 Phase I Environmental Site Assessments and 3 Phase it Environmental Site Assessments. The Walker property on Spring Branch Road (Royal Inn), we have spent about $138,000 on that site of the grant money. That consisted of 3 parcels. Phase I consisted of the research of the property. If Phase II is deemed necessary than they will sample and test the property. Phase I was done on all 3 parcels and on parcel 3 there was an old gas station and that was remedied and there was contamination there but it wasn't complete, which has since been settled and completed. Parcel 2 was the old gas station and there were hydraulic lifts in the ground underneath the station. The building was in such foul shape and we couldn't get to the lifts to get them out but we were able to tear the building down. The hotel (parcel 1) a Phase II was done and there is asbestos there. The estimated cost to abate that is about $300,000, which is not in the scope of work for this grant. The City of Dunn was awarded a $400,000.00 fully funded federal grant through the EPA to conduct community wide assessment of potential Brownfields properties. These funds are being used to assess abandoned or under- utilized industrial sites with possible petroleum or hazardous substance pollution. Phase II was done on the Beasley site. Generally when you are near a dry cleaners there is possible contamination because of the chemicals the cleaners use. About $40,000-$50,000 was spent on this site. There was a filling station and it was thought there might have been a tank on the property, so they did ground penetrating radar. Money can't be used to dig up the whole site from the grant and there was no evidence of tanks still being there, so apparently it has been removed. Assistant City Manager Neuschafer inquired if the City could apply for clean-up grants Planning Director Wullenwaber stated yes and that there were clean-up grants, revolving loan funds and there are a lot of EPA grants available that we are going after every year. There are lobbying loan funds that the City can apply for and they will give us up to $1,000,000 and then business owners can come to us and we will loan the money out to help them clean up their property at a very low interest rate and then they pay it back. None of these programs are any cost to the City. The clean-up grant is $250,000 but we did not do that one this time as we applied for another assessment grant. The site at 101 West Duke Street use to have tanks there. The owner of Elite Gymnastics is looking to purchase the property. There was heavy contamination on the property as it was an old oil facility. We spent about $40,000 on this property. Mr. West would like to purchase the property but it could potentially cost him a lot of money. There is something called the Brownfields Agreement, it is through the state and is a legal document that protects the new buyer. We do have about $60,000 left until September and we have applied for another grant cycle. This time it was only $300,000 but hopefully we can use that money to finish up some of these project and possible a new project on Edgerton Street. North Carolina Governor's Highway Safety Program Chief Halliburton noted this was a great grant to receive for help with purchasing equipment and helping running programs. The primary goal of this grant is to reduce traffic accidents by targeting areas of most occurrence. This is done through enforcement of speed, education; via public service announcements on the dangers of speeding and driving while under the influence. They also utilize various media sources such as print media and television, to educate the public. These officers are also part of a region wide team that partner with surrounding agencies to conduct DWI and license checkpoints. This collaboration strengthens relationships with other agencies and is an asset to our campaigns. The grant was accepted in the 2016-2017 budget year. The City's match for the FY 2017-2018 budget year is $35,380.00 which is 30%. Lunch 11:50 a.m. —12:31 p.m. PARTF Grant —Tart Park Recreation Director Brian McNeill noted the Recreation Department is currently in the process of doing a Master Plan. A Master Plan is where they do an overview of their department and the City and see where the department stands and where they want to move forward and gain public input of what the citizens would like to see in the community. The perks of this is to help apply for the PARTF Grant. The PARTF Grant is a 50-50 match but the match could be more. We have completed a survey, had a few staff meetings and had a public forum. There is another public forum this month and we just want to get things prepped and get everything to the representatives for review before we have to do the application submission in May. Mr. McNeill introduced Mr. Del Crawford who is the Park Planner, who has done the research and who will be preparing the application for the Recreation Department. With recent upgrades to Tyler Park there is much to be done at Tart Park to bring this park up to the standards set with Tyler Park. 2004 was the last time any major projects have been done at Tart Park with the addition of the P.K. Vyas Center. Tart Park is much larger than Tyler Park, which will present more opportunities for new features and open spaces. Funds from PARTF Grant along with a dollar match from the City, will be used to renovate Tart Park, much like what was done at Tyler Park. Updating/relocating ball fields with a central tower will be the main concern. Along with that, making use of the recently acquired land and adding new recreation features to further enhance recreation opportunities of our patrons. Mr. Crawford noted the PARTF Grant is up to $500,000 with a match. We were specifically asked to look at Tart Park. There are two existing ball fields and be relocated into more of a quad and then there would be a concession/restroom/meeting space in the middle of all four ball fields. Having a meeting space would help you in applying for the PARTF Grant. There will be a multipurpose field and two existing field and additional parking. There would be a splash pad and volleyball courts. There is an existing walking trail and we would put in fitness/exercise stations. One of the scoring points to the PARTF Grant is links to the downtown district, so we are recommending a sidewalk that would be part of the walking trail. Other components is to replace the existing playground and add a maintenance facility. Where the recreation center is there would be additional parking and new shelter. There were about 120 surveys receied. The surveys follow pretty closely as to what we have here on the design. There were additional items such as disc golf, tennis courts, shuffle board, and horseshoes to name a few. Recreation Director McNeill noted the ballfields for Tart park more softball fields than baseball and these fields will be larger where we could host tournaments for older age groups. With Tyler Park we are limited for 8U and 10U.The fields we are looking at here are around the 250' range as Tyler Park is 205'. Recreation Director McNeill stated the bathrooms are going to be rebuilt in April to replace the ones that were torn down from the electrical fire. City Manager Autry noted this is a two stage deal because of the fire and because last year we shut down the restrooms because they were so bad and we installed port -a -johns. This year we are not going to have port -a - johns so we know that maybe the control tower is several years out with the PARTF Grant and we have to build some bathroom facilities immediately. This is why we wanted to get the design and pick the best location that would look for us this ball season especially. Council Member Barfield inquired about surveillance cameras in the parks. Recreation Director McNeill noted that cameras are included on his capital improvements list and based on what we have right now for Tart Park we are looking at the playground and parking lot. When we renovate the park I will recommend add cameras to look into the ball areas to look at any vandalism going on. Recreation Director McNeill stated after looking at other towns on how they do their grant process, they apply in phases and that is an option for us to do that. Assistant City Manager Neuschafer stated it also helps to spread it out some so we are not asking for $500,000 in one year but just do smaller amounts for multiple years. It was also inquired as to when the plan would be completed for Council. Mr. Crawford noted the application submission deadline is May 1st and he will have everything completed by April 1't. Automated Meter Reading System (Capital Priorities) Finance Director Stephens stated at the December 2016 Council Meeting, Council approved a contract to have a company come in and do our meter reading for us. Looking forward we had talked about having and Automated Meter Reading System. All of our meters are manually read and there are 4,700. Dean, Corky and I had a meeting with a company named MeterSys. The company will look at our current equipment and our meters and see how they are set up and then they will come back with a feasibility study and they will tell us which equipment we can afford and will help us with the procurement of the equipment. The pros would be increase accuracy, better customer service with allowing us to run a daily report and check for leak detection and if so it will help with our water conservation efforts, customer can pull up their own meter and see what their meter is showing, and electronic turnoff. The estimated cost for the system is $1,500,000. The second alternative would be about $900,000 which is a drive by reading where you buy the equipment and drive by the meter and it automatically beeps and gives you a reading. We can continue with what we have now but we would like to move to an automated system. Council Member Maness noted this would be worth exploring because I looked at your numbers and if your numbers are in the ball park, not only is it revenue neutral it will actually make money. Finance Director Stephens noted the warranty battery is 10 years with an estimated life of 20 years. Public Works Director Gaster noted this project was looked at about 8 years ago and the estimate then was $1,000,000, so if this is something we are looking to do the longer we wait the more the cost increases and the battery life 8 years ago was not what it is today. Assistant City Manager Neuschafer stated that price is with labor included and that is a lot of work to ask our guys to do. We wouldn't have time to install all of those meters,up fit and elevate and change the boxes on every single one. Finance Director Stephens noted we had 100 meters we had to send two guys on to cut off their meters for non- payment and with this we could sit in the office and turn a switch to cut off 100 people without someone out there in a truck driving around doing it. There is a company that could do this feasibility study and present it to you so I am asking for permission to proceed with that and they will come back and make the report to you. The cost for the study is $14,000-$18.000, but we can make that back up when they do the procurement and negotiating with the actual cost of the equipment. BUILDING, VEHICLES & EQUIPMENT Vehicle Fleet and Building Needs Assistant City Manager Neuschafer noted City staff feel that some of these things need to be considered as we move forward. The Public Works compound really needs to be looked at. We have shelters that don't fit the equipment that we bought, shelters that are passed their usable life and it is the oldest facility we have. The mechanic shop is relatively new. It is a concern from the insurance agents that come and look at it and a concern of the Building Inspectors. For the investment we are putting into the vehicles and the day to day comfort of work and employee satisfaction that work there, I think it is something we should at least start figuring out what we want to do and how much it will cost and start the process on for the long term consideration. We are looking at metal buildings and maybe some brick. Assistant City Manager Neuschafer noted the City offices and other departments are continually needing more storage for equipment and files. The residual spaces in City Hall are full and it is necessary to begin looking at more building renovations or expansions off site. Council Member Maness inquired about when we say files have we considered scanning and digitizing these documents so we can start eliminating the need to have of this storage space. Assistant City Manager Neuschafer noted we have but a lot of it is evidence and they have to stay as is. I was looking at renovating or clearing out some spaces. If we put the money into hiring staff or a company to do that it would begin the process and we have done that with the minutes. Assistant City Manager Neuschafer stated in the budget packet there is an attachment that shows the roster of pick-up trucks in the City fleet, of the 21 regular duty trucks only 5 are below 60K miles and 12 of them are over100K miles. A new pick-up on state contract is approximately 25K. Staff would like to begin a program of replacement similar to the police patrol vehicle program where we begin to cycle out older vehicles by replacing 3-4 a year. We also will evaluate if pick-up trucks are needed at all. Recently inspections bought a small SUV that gets better gas mileage and was less expensive than a pick-up and is working well for the department. Maybe not do it as aggressive as the Police Department but consider the loans through the USDA that Mark has looked at the possibility of leasing vehicles. Council Member Maness noted it should be part of the Capital Improvements plan for every department. We shouldn't be waiting until the trucks are almost warn out before we start thinking about replacing them. Equipment Purchase Update Public Works Director Gaster gave a status update on the 2005 Freightliner Leaf Vac Truck. The truck has 90,100 miles on it and we spent almost $13,000 in the last 12 months on that truck. The money was spent due to us trying to extend the life of that truck for three more years. From October 4, 2016 to January 31, 2017 we ran that truck 218 hours and 482 mile. With the purchase of the 2017 Freightliner Limb Grapple Truck and from July 20, 2016 to February 16, 2017 we recorded 971 hours and 6,802 miles so we didn't have to put as many miles on the Leaf Vac Truck. At this point I feel the Leaf Vac Truck will give us at least two more seasons. We are running it during the cooler months and we are running way less hours than in the past. The 2009 International Street Sweeper has been giving us some problems and we have spent $7,270 and we had to have some welding done to the chamber that holds the dirt and gravel this week, so that number has probably gone over $10,000. 1 still feel like we can get one more year out of that piece of equipment. The cycle time is approximately 3 months and 10 days to get back to your street. We were doing every other week downtown and switched it back to every week and that is Thursday night so it doesn't run on Friday. Cumberland Street and DOT roads will be done every other week, which means out of a 2 week period he will be during the day in neighborhood's 7 days and when it is wet and cold that truck doesn't run. That schedule is for one truck and one driver and if Council chooses to make that cycle more often than it will take more equipment and more manpower. DEPARTMENT CAPITAL PRIORITIES 2017-2022 Assistant City Manager Neuschafer noted we don't want to put one department over another. Dean has gone through a great amount of effort not only to spell out what his needs are but why his needs are there and also showing which budget year it will come into effect and why. Dean has covered the widest capital priorities between the Water Treatment Plant, Waste Water Treatment Plant, Public Works, the garage and cemeteries. Assistant City Manager Neuschafer noted for the next step of the budgeting process, we take the requests and see where the revenues are coming out and what the priorities based on this conversation is and map out the cost to where those funds are going. Council Member Maness noted the structures need to be looked at especially if we are looking at purchasing new equipment, we don't want to put them in a building that could collapse. Wrap Up Mayor Harris asked for a motion to go into Executive Session for purposes of discussing personnel issues. Motion by Council Member Barfield and seconded by Council Member Turnage to go into Executive Session at 2:31 p.m. Motion unanimously approved. Motion by Council Member Tart and seconded by Council Member Turnage to adjourn the Executive Session at 3:10 p.m. Motion unanimously approved. Oscar N. Harris Mayor Attest: Jennifer M. Fortin, CIVIC City Clerk DUNN iwD �� DUNN AII•Amarica GIV ,.;,,..1 d,,,,,, All -America City 1 f City Council agenda Fora °Meeting ate: May 9, 2017 ° 1989 * 2013 1989 * 2013 SUBJECT TITLE: Minutes —March 14, 2017 Presenter: Department: Attachment: X Yes No Description: March 14, 2017 — Minutes Public Hearing Advertisement Date: N/A PURPOSE: Attached please find the minutes of the March 14, 2017 City Council meeting for your consideration. I7Ta:(el Z0111LII�7i BUDGET IMPACT: RECOMMEN DATIONIACTION REQUESTED: MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Thursday, March 14, 2017, 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 King, Planning Director Samantha Wullenwaber, Chief Building Inspector Steven King, Police Chief Bill Halliburtmt, Recreation Director Brian McNeill, Human Resources Director Anne Thompson, Librarian Mike Williams, Attorney P. Tilghman Pope, City Clerk Jennifer Fortin, Deputy City Clerk Melissa Matti and Daily Record Report Melody Brown -Peyton INVOCATION Mayor Harris opened the meeting at 7:00 p.m. and asked Dr. Reverend Len Keever, Pastor of the First Baptist Church of Dunn and Vice -President of the Dunn United Ministerial Association 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 Barfield to adopt the March 14, 2017 meeting agenda with changes, if any, as listed below. Agenda Items Added: • none Agenda Items Removed: • none Motion unanimously approved. PRESENTATIONS Proclamation — Band Of Oz Mayor Harris and Council Member Turnage presented Band Of Oz with a Proclamation for their 50 years of music and entertainment. A copy of Proclamation (P2017-04) recognizing Band Of Oz is incorporated into these minutes as Attachment #L 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. Scott Clark, 727 Queens Avenue — Mr. Clark presented a petition to Council to reduce the speed limit on Queens Avenue from 35 mph to 25 mph with signs to be installed and also includes children at play signs to be installed. The petition has 34 signatures on it. CONSENTITEMS Minutes — Council considered approval of minutes of the February 7, 2017 City Council Meeting. Consideration of Resolution Authorizing the Disposition of Personal Property. A copy of Resolution (R2017-03) for is incorporated into these minutes as Attachment #2. Weedy Lot/Assessment/Back Taxes Report Motion by Council Member McLean and seconded by Council Member Turnage to approve all consent items. Motion unanimously approved. ITEMS FOR DECISION Resolution Of Intent To Permanently Close A Public Street Adjacent To N. Fayetteville Avenue Across From W. Wake Street Assistant City Manager Neuschafer advised Council that this is really a right-of-way as the street is really not there. An issue has come up for the property owner that uses a portion of the deeded right-of-way and they are requesting it be closed. It is a long process and the monies have been paid and we do have to advertise this for four consecutive weeks before bringing it back to Council for adoption. Motion by Council Member Tart and seconded by Council Member Turnage to adopt the Resolution of intent and call for a public hearing be held at the April 11, 2017 City Council meeting for the purpose of permanently closing the street adjacent to N. Fayetteville Avenue across from W. Wake Street. Motion unanimously approved. A copy of Resolution (R2017-04) is inewporated into these minutes as attachtnent 0. Board Appointment Parks and recreation Department An application was submitted by Brian Allen for the open seat on the Parks and recreation Conunittee Board. Motion by Council Member Turnage and seconded by Council Member Maness to appoint Mr. Allen to the open seat on the Parks and Recreation Committee Board with the expiration date of June 30, 2017 and thank Ms. White -McNeill for her service to the Board. Motion unanimously approved. Ordinance Amendment OA-01-17 Chapter 3, Animals & Fowl TABLED FROM THE FEBRUARY 7, 2017 CITY COUNCIL MEETING This is a request to hereby amend Chapter 3 Animals and Fowl to revise the beehive regulations in the City limits and planning jurisdiction. The General Assembly passed a law, S.L. 2015-246, which created G.S. 106-645 relating to beehive regulation in cities and counties. Beehives can no longer be prohibited anywhere and must be allowed, although restrictions can be placed on them. There is a meeting scheduled with the NC Department of Agriculture and Consumer Services Apiary (Bee Hive) Inspector later this month. Mayor Harris tabled this matter until further information was available. Consideration of Ordinance to Demolish House 604-606 S. Fayetteville Avenue PIN# 1516-45-7909.000 This matter was tabled at the December 2016 Council Meeting to be brought before the City Council at the March 2017 Council Meeting to allow the property owner more time to make repairs on the dwelling. At this time, the property owner has completed additional repairs since the December 2016 Council Meeting. Chief Building Inspector King noted there has been significant progress made since the December 2016 Council meeting. The owner has put about $20,000 into the house at this time. The owner is looking for more time to continue the repairs. Motion by Council Member McNeill and seconded by Council Member Turnage to table this matter to allow 60 days for the property owner to complete repairs. Motion unanimously approved. Consideration of Ordinance to Demolish Structure 510 Spring Branch Road PIN# 1516-71-5790,000 Chief Building Inspector Steven King noted Mr. Patel is continuing to remove the old stuff. We are currently waiting on an agreement between Mr. Patel and the City so he can obtain ownership. Attorney Pope addressed the Council in regards to the Condemnation Estoppell and Hotel Investment Agreement. Per the Council's instructions following the January Council meeting, I contacted Mr. Patel's attorney's to let them know what Council had in mind and what you wanted to see in advance of this upcoming meeting. The intent of this is Mr. Patel cannot gel financed to purchase the property with this condemnation order pending before the City. If you were to adopt this agreement, the City agrees not to adopt a condemnation order prior to July 1, 2017 and that gives him until July 1, to close on the purchase of the property without legally affecting his ability to get financing. In addition to that, it includes a commitment on his behalf to continue working on the property during the interim. if Mr. Patel doesn't follow through with what he says he is going to do, than the condemnation order will cone back before Council. Motion by Council Member Maness and seconded by Council Member McNeill to accept the Condemnation Estoppell and Hotel Investment Agreement. Motion unanimously approved. Adopt Resolution Of The City Council Of The City Of Dunn, North Carolina Making Certain Statements Of Fact Concerning Proposed Bond Issue Adopt Bond Order Authorizing The Issuance Of Not To Exceed $1,275,000 General Obligation Refunding Bonds Of The City Of Dunn, North Carolina Finance Director Stephens stated the City has a General Obligation Bond in the water and sewer fund that can be refinanced at a lower interest rate, thus saving the City interest cost over the remaining 8 years in debt. The projected interest saving over the 8 years would be $80,000 or about $10,000 per year. The current bond is financed at 4% and refinancing it into a 2% interest rate. Motion by Council Member Maness and seconded by Council Member Turnage to Adopt Resolution of the City Council of the City of Dunn, North Carolina making certain statements of fact concerning proposed bond issue. Motion unanimously approved-4 copy of Resolution (R2017-05) is incorporated into these minutes as attachment #4. Attorney Pope noted items 12 and 13 are pertaining to the bond and the motion as unclear if it only included the Resolution or also the Bond Order. The one who made the motion and the one who seconded the motion if Council agrees that the motion included both and there is no objection. There was no objection from Council. Budget Amendment #5 Finance Director Stephens noted Budget Amendment #5 is for security cameras for the three parks installed. We have come up with an estimate of $20,000 and we will use some of the sales taxes as it was presented at the Budget Retreat. Motion by Council Member Maness and seconded by Council Member Barfield to approve Budget Amendment #5 for security cameras for the three parks. Motion unanimously approved. A copy of Budget Amendment #5 is incorporated into these minutes as attachment #5 Budget Amendment #6 Finance Director Stephens noted Budget Amendment #6 is for netting for Tyler Park. The estimate is $30,000 and that too would cone out of the excess sales tax money. Motion by Council Member Turnage and seconded by Council Member. McLean approve Budget Amendment #6 for the installing the netting for the health and welfare of fans and property at the Nathan Harris Sports Complex at Tyler Park, Council Member Barfield stated the plans submitted to Council do not protect the cars by the Greenway or Red Lambeth fields. Signs should be put up saying "PARK AT YOUR OWN RISK". The netting would protect the Kim's BBQ property. Council Member Maness inquired if the City liable for if something should happen, and is that true for any other City property. This question is for Brian, age appropriate teams should be the only ones allowed to play in that park and is part of the problem that there are older people playing and hitting the ball over. Of all the instances we have had is it due to older kids rather than age appropriate kids? Recreation Director McNeill noted during the youth programs there was only one instance and it was a foul ball that hit a lady in the head, but as far as anything else there hasn't been anything during our regular programs. Based on the league we play in, our 12U fit the requirements for the field. It is an open park and that might be something that occur after hours. Attorney Pope stated under North Carolina Law and the park system, if you attend a sporting event you assume the risk for your own protection. In general terms, you are responsible for looking out for your own welfare to make sure you don't get hit. The City would not be liable or responsible for the actions of someone out there not participating in our youth program that cause damage unless we knew of and were aware that they were out there doing something inappropriate and didn't stop them. Council Member Turnage noted some of the patrons at Kim's have had their windshield's hit and Brian has done well to keep it age appropriate but he can't do that all the time. Council Member Tumage withdrew his motion for the netting and is seeking further guidance from the Recreation Director to do a different study, what the options are and maybe replace the trees that were damaged from the storm. Council Member McLean withdrew the second on the motion. Lawn Care Maintenance Contract Bid Public Works Director Gaster noted the bid process too place on March 8, 2017. The low bid for the project including cemeteries was $157,500 and the low bid which removes the cemeteries was $75,000, The low bid falls within our existing budget, which is $162,200 for FY 2016-2017. If the City were to assume the cemetery responsibilities, we do not feel that $82,500 would be sufficient for staff and necessary equipment. Council Member Tart inquired as to why the bid difference. Public Works Director Gaster noted the City doesn't know why there is that much of a difference. Council Member Maness inquired if there were specification and standards contract spelled out specifically for handling the grass cutting? Public Works Director Gaster stated yes Assistant City Manager Neuschafer was very much involved in putting that together and he made sure we covered areas we were lacking with the previous contract. Motion by Council Member Maness and seconded by Council Member Tart to approve the low bid request for the lawn care maintenance. Motion unanimously approved. Appointment of City Manager Mayor Harris asked for consideration for the purpose of amending the agenda to consider the appointment of City Manager. Motion by Council Member Barfield and seconded by Council Member McLean to consider the appointment of City Manager. Motion by Council Member Barfield and seconded by Council Member McLean to appoint Assistant City Manager Steven Neuschafer as the new City Manager effective April 2, 2017 and authorize the Mayor and City Attorney to negotiate the terms of the employment and severance agreement with Mr. Neuschafer for consideration by Council and bring back to Council as soon as possible, hopefully no later than two months. Motion unanimously approved ITEM FOR DISCUSSION AND/OR DECISION Financial Report Finance Director Mark Stephens provided the following financial report for the period ending January 31, 2017: • The City as of January 31, 2017 had $3,493,344in cash in the General Fund and $2,426,563 in the Water and Sewer Fund. In January 2016 the City had $3,426,563 in the General Fund and $2,177,442 in the Water and Sewer Fund. • Property Tax collections were $3,714,070 or 100.49% of budget. Last year property tax collections through February were $3,432,140 or 97.01% of budget. • Sales Tax Revenue is $948,719 or 56.64% of budget. Benchmark for the month is 50.00% 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 $54,721 or 84.19% of budget. Benchmark for this month is 58.33% of budget. • Water and Sewer Revenues were $2,759,679 or 61.33% of budget. Benchmark for this month is 58.33% of budget • Expenditures were 55.41% of budget in the general fund and 52.86% of budget in the water and sewer fund. The benchmark for this period is 58.33% of budget. Motion by Council Member McLean and seconded by Council Member Tart 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 McLean and seconded by Council Member Barfield to accept the Administrative Reports. Motion unanimously approved. ANNOUNCEMENTS The following announcements and/or comments were made. Mayor Harris: ➢ The next regular City Council Meeting is scheduled for Tuesday, April 11, 2017 @ 7:00 p.m. Motion by Council Member Barfield and seconded by Council Member Maness to adjourn the meeting at 8:04 p.m. Motion unanimously approved. Oscar N. Harris Mayor Attest: Jennifer M. Fortin, CIVIC City Clerk DUNN uNN DIJI�IV All -America City it, .,,,,,,,,, AII•AmericaCite 1 City Council agenda Form ®Meeting ate: May 9, 2017 1989 * 2013 1989 * 2013 SUBJECT TITLE: Minutes —April 11, 2017 Presenter: Department: Attachment: X Yes No Description: April 11, 2017 — Minutes Public Hearing Advertisement Date: N/A ilizuell Attached please find the minutes of the April 11, 2017 City Council meeting for your consideration. BACKGROUND: BUDGET IMPACT: TION/ACTION REQUESTED: MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Thursday, April 11, 2017, at 7:00 p.m. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tem Billy Barfield, Council Members Buddy Maness, Dr. Gwen McNeill, Frank McLean, Billy Tart, and Chuck Turnage. Also present was City Manager Steven Neuschafer, Finance Director Mark Stephens, Public Works Director Dean Gaster, Chief Building Inspector Steven King, Planning Director Samantha Wullenwaber, 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 Matti, Daily Record Report Melody Brown -Peyton, and DMP Engineer Randy McNeill, INVOCATION Mayor Harris opened the meeting at 7:00 p.m. and asked Council Member Buddy Maness 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 Tart to adopt the April 11, 2017 meeting agenda with changes, if any, as listed below. Agenda Items Added: none Agenda Items Removed: • none Motion unanimously approved. PPESENTA77ONS Certificate of Achievement for Excellence in Financial Reporting Mayor Harris presented a Certificate of Achievement for Excellence award to the Finance Department for its comprehensive annual financial report for the year ended June 30, 2016. 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 at this time. PUBLICHEARINGS Street Closure Public Street Adjacent to N. Fayetteville Avenue Across From W. Wake Street The public has been notified that oral and written comments will be heard and received concerning the request to permanently close the public street adjacent to N. Fayetteville Avenue across from W. Wake Street. The public hearing was duly advertised on March 20"i, 27d' and April 3`d and April 10", 2017. Hearing no further comments, Mayor Harris closed the public hearing. Rezoning Request RZ-01-17 RP Wellons Land & Development, LLC PIN# 1517-24-6607.000 1700-1800 block of Friendly Road The public has been notified that oral and written comments will be heard and received concerning the request by RP Wellons Land & Development, LLC to rezone approximately 9+/- acres located in the 1700-1800 block of Friendly Road. The property is currently zoned R-20; Single Family Dwelling District and is proposed to be rezoned to R-7; Single Family Dwelling District. The public hearing is the opportunity for the Council to hear comments and opinions from the public to include any party for or against the request. The public hearing was duly advertised on March 21", April 4" and 11"i, 2017, James Tripp 102 Moses Tripp Lane had concerns about the run-off from the property and if the housing being built was going to be subsidized. Dwight Snow, General Counsel for RP Wellons Land & Development, LLC addressed the concerns form Mr. Tripp. Mr. Snow believes there will be a catch basin put in place but also stated an engineer would be at the next meeting. As for the subsidized housing, it is not the plan of the owner to have subsidized housing. Hearing no further comments, Mayor Harris closed the public hearing. Ordinance Amendment OA-01-17 Chapter 3, Animals & Fowl This is a request to hereby amend Chapter 3, Animals & Fowl to revise the beehive regulations in the city limits and planning jurisdiction. The public hearing is the opportunity for the Council to hear comments and opinions from the public to include any party for or against the request. The public hearing was duly advertised on April 4, 2017. Hearing no comments, Mayor Harris closed the public hearing. Ordinance Amendment OA-02-17 Chapter 22; Article II & IX of the Code of Ordinances This is a request to hereby amend Chapter 22; Article II & IX, protest petitions per general statute requirement. The public hearing is the opportunity for the Council to hear comments and opinions from the public to include any party for or against the request. The public hearing was duly advertised on March 21", April 41h and 11111, 2017. Hearing no comments, Mayor Harris closed the public hearing. Ordinance Amendment OA-03-17 Chapter 20; Article III of the code of Ordinances This is a request to amend Chapter 20, Subdivision Ordinance, to amend Article III, performance guarantees. The public hearing is the opportunity for the Council to hear continents and opinions from the public to include any party for or against the request. The public hearing was duly advertised on March 21", April 4ih and I 1 ", 2017. Hearing no comments, Mayor Harris closed the public hearing. Property Unfit For Human Habitation 202-204 W. Divine Street PIN# 1516-5-4115.000 The public has been notified that oral and written comments will be heard and received concerning the declaring of the single family structure owned by JRB Properties, LLC located at 202-204 W. Divine Street, Dunn, NC as Unfit for Human Habitation. The public hearing was duly advertised on March 28" and April 4tb, 2017 Hearing no comments, Mayor Harris closed the public hearing. CONSENTITEMS Minutes — Council considered approval of the minutes of March 3, 2017 Budget Retreat. (Deferred until the May Council Meeting) Minutes — Council considered approval of minutes of the March 14, 2017 City Council Meeting. (Deferred until the May Council Meeting) Proclamation — Dunn Community Clean Up Day was read by City Manager Neuschafer. A copy of Proclamation (P2017-05) for is incorporated into these minutes as Attachment #L Proclamation — National Library Week was read by Council Member Barfield. A copy of Proclamation (P2017-06) for is incorporated into these ininutes as Attachment 42. Motion by Council Member Tart and seconded by Council Member Turnage to approve items 11 and 12 on the consent list. Motion unanimously approved. ITEMS FOR DECISION Consideration of Resolution and Order to Permanently Close a Public Street Adjacent To N. Fayetteville Avenue Across From W. Wake Street The Resolution and Order to close the above referenced street was adopted by the City Council on March 14, 2017 and a public hearing was held tonight. Motion by Council Member Barfield and seconded by Council Member Tart to adopt the Resolution and Order to Permanently close the street adjacent to N. Fayetteville Avenue across from W. Wake Street. Motion unanimously approved. A copy of Resolution (R2017-06) is incorporated into these minutes as attachment #3. Rezoning Request RZ-01-17 RP Wellons Land & Development, LLC PIN# 1517-24-6607.000 1700-1800 block of Friendly Road This is a request to rezone a parcel of land totaling 9+/- acres located at 1700-1800 block of Friendly Road. The property is zoned R-20; Single Family Dwelling District and is proposed to be rezoned to R-7; Single Family Dwelling District. The Planning Board met on March 28, 2017 to review the request and ask for comments from the public. The Planning Board voted unanimously to approve this request. Motion by Council Member Tumage and seconded by Council Member Barfield to approve the rezoning request from R-20 to R-7 for RP Wellons Land & Development, LLC. Motion unanimously approved. Ordinance Amendment OA-01-17 Chapter 3, Animals & Fowl This is a request to hereby amend Chapter 3 Animals and Fowl to revise the beehive regulations in the City limits and planning jurisdiction. The General Assembly passed a law, S.L. 2015-246, which created G.S. 106-645 relating to beehive regulation in cities and counties. Beehives can no longer be prohibited anywhere and must be allowed, although restrictions can be placed on them. The ordinance has been amended to add recommendations from the North Carolina Department of Agriculture Apiary Inspector, Nancy Ruppert. Motion by Council Member Barfield and seconded by Council Member Maness to approve Ordinance Amendment OA-01- 17 Chapter 3 Animals and Fowl. Motion unanimously approved. A copy of Ordinance (02017-09 is incorporated into these n7hudes as attachment #4. Ordinance Amendment OA-02-17 Chapter 22; Article II & IX of the code of Ordinances This request is to hereby amend Chapter 22; Article II & IX, protest petitions per general statute requirements. The ordinance is being amended due to the general assembly decision to appeal and remove protest petitions from zoning ordinances. This also changes the super majority vote for such petitions since they are no longer writing to the clerk of the board. This section was replaced with citizen comments, which still allows property owners to voice their concerns in writing to the clerk of the board. Motion by Council Member Maness and seconded by Council Member Barfield to approve Ordinance Amendment OA-02- 17 Chapter 22 Zoning Ordinance. Motion unanimously approved. A copy of Ordinance (02017-10) is incorporated into these minutes as attachment #5. Ordinance Amendment OA-03-17 Chapter 20; Article III of the Code of Ordinances This is a request to hereby amend Chapter 20, Subdivision Ordinance, to amend Article III, performance guarantees. The ordinance is being amended due to changes from session law 2015-187, which clarifies and places restrictions on the authority for performance guarantees. Bonds and other forms of credit may be required if a developer has not installed the required infrastructure upon final submission and review. These funds may be used to install the missing infrastructure but can no longer be used for maintenance or replacement if something breaks. Motion by Council Member Maness and seconded by Council Member Turnage to approve Ordinance Amendment OA-03- 17 Chapter 20 Subdivision Ordinance. Motion unanimously approved. A copy of Ordinance (02017-11) is incorporated into these minutes as attachment #6. Consideration of Ordinance Declaring Property Unfit for Human Habitation 202-204 W. Divine Street PIN # 1516-57-4115.000 Building Inspector Mike Blackmon has conducted an inspection at 202-204 W. Divine Street and found the structure in a deteriorated condition that does not meet the requirements of the City of Dunn Minimum Housing Code (MHC). The Building Inspector found the property dangerous or prejudicial to the public health or safety and is a nuisance in violation of N.C.G.S.§160A-193. The owner of the property has failed to comply with the Building Inspector's order to bring the structure on the property into compliance with the City of Dunn MHC and pursuant to N.C.G.S. § 160A-443, the City Council has the authority to direct the Chief building Inspector to post on the main entrance of the property a placard that states "This building is unfit for human habitation; the use or occupancy of this building for human habitation is prohibited and unlawful". Motion by Council Member Tumage and seconded by Council Member Tart to adopt ordinance declaring property unfit for human habitation. Motion unanimously approved. A copy of Ordinance (02017-12) is incorporated into these minutes as attachment #7. Amend Rate & Fee Schedule for Sewer Rate Increase Finance Director Stephens noted that at the city Budget Retreat staff had informed City Council that the City's sewer rates would need to be increased in order to qualify for potential grants to help fund the debt service on the sewer project to address inflow and filtration issues. Once the project is funded, the city will also have the option to apply for a Special Order by Consent with the Department of Environmental Quality. At this time staff is recommending a 10.56% sewer rate increase. With the proposed rate increase the City's monthly sewer rate for a 5,000 gallon user would be $33.20. Updated figures from the School of Government shows sewer rates in our area have a median sewer rate for a 5,000 gallon user of $40.05. City Manager Neuschafer explained for clarification that a Special Order by Consent (SOC) is what is issued by the state due to overflows of sewer. Motion by Council Member Barfield and seconded by Council Member Maness to approve the sewer rate increase. Motion unanimously approved. Smart Meter Feasibility Study Finance Director Stephens noted that at the City's Budget Retreat discussion was held concerning convening the City's 4,750 water meters to an automated reading system. To begin this process a Feasibility Study needs to be completed which will help determine which type of automated equipment the city will need to purchase and the cost/benefit analysis of the entire project. The Feasibility Study should take 90 days to complete and will be presented to City Council once completed. The cost of the study is $16,850 and the existing water/sewer budget would be used to pay for the study. Motion by Council Member Maness and seconded by Council Member Turnage approve the Feasibility Study at a cost of $16,850. Motion unanimously approved. Resolution Providing for the Issuance of $1,180,000 GO Refunding Bonds, Series 2017 Finance Director Stephens noted the purpose is to save on interest costs on our current GO Bond in the Water/Sewer fund we are refunding our current GO Bond with BB&T at an interest rate of 2.14%. This would save the City $66,494 interest costs over the next 8 years. Motion by Council Member Maness and seconded by Council Member Barfield to approve Resolution to decrease the interest rate. Motion unanimously approved. A copy of Resolution (R2017-07) is inewporated into these minutes as attachment #8. Proposed Summer Hours City Manager Neuschafer stated that these operating hours are being referred to as Proposed Summer Hours since they coincide closely with Daylight Saving Time. These seasonal hours have worked very well during the past thirteen years. Motion by Council Member Maness and seconded by Council Member Turnage to approve the Proposed Summer Hours. Motion approved 5-1 with Council Member Barfield opposing. Temporary Blocking of Street Boogie on Broad Concert Series A request has been received from the Event Planning Committee of the Dunn Area Chamber of Commerce requesting the closing of E. Broad Street by 2:00 p.m. from Wilson Avenue to Clinton Avenue. At 5:00 p.m. they are requesting to have Wilson Avenue closed from Cumberland Street to Edgerton Street or as best determined by the Dunn Police Department on the following dates for the event, Boogie on Broad Concert Series in Downtown Dunn: • Friday, April 21, 2017 • Thursday, May 18, 2017 • Thursday, June 15, 2017 Motion by Council Member Turnage and seconded by Council Member Barfield to approve the requested temporary blocking of street. Motion unanimously approved. Resolution Designating the Coordinating Entity For the Local Downtown Associate Community Program City Manager Neuschafer noted this is a request to nominate and support the Downtown Dunn Development Corporation in an effort to make an application to the State of North Carolina for assistance through the local Downtown Associate Community Program. This is a new program and if accepted and nominated it would be a three year program where experts are brought in from the state and help the Downtown Development Corporation with their efforts to revitalize and promote the downtown. The cost over the three years is approximately $5,000.00. Motion by Council Member Barfield and seconded by Council Member Turnage to approve Resolution designating the coordinating entity for the local Downtown Associate Community Program. Motion approved 5-1 with Council Member McNeill opposing. A copy of Resolution (R2017-08) is incorporated into these minutes as attachment #9. ITEM FOR DISCUSSION AND/OR DECISION Set Date for Special Call Meeting/ Budget Work Session Council is being asked to set a Special Call Meeting/Budget Work Session for Friday, May 19, 2017 with a suggested time to begin the meeting at 9:00 a.m. Council Member Turnage, Council Member Barfield and Attorney Pope are not able to make this date. Mayor Harris stated council needs to send City Manager Neuschafer the days they are available for a permanent date to be set. Financial Report Finance Director Mark Stephens provided the following financial report for the period ending February 28, 2017: • The City as of February 28, 2017 had $4,321,516 in cash in the General Fund and $2,597,607 in the Water and Sewer Fund. In February 2016 the City had $3,943,481 in the General Fund and $2,233,955 in the Water and Sewer Fund. • Property Tax collections were $3,775,349 or 102.14% of budget. Last year property tax collections through March were $3,510,887 or 99.23% of budget. • Sales Tax Revenue is $1,136,967 or 67.88% of budget. Benchmark for the month is 58.33% of budget. • Utilities Sales Tax is $531,564 or 67.36% of budget, Benchmark for this month is 75.00% of budget. • Building Permit Fees were $59,676 or 91.80% of budget. Benchmark for this month is 67,67% of budget. • Water and Sewer Revenues were $3,100,639 or 68.90% of budget. Benchmark for this month is 67.67% of budget • Expenditures were 63.22% of budget in the general fund and 58.13% of budget in the water and sewer fund. The benchmark for this period is 67.67% of budget. Motion by Council Member Tart and seconded by Council Member Barfield to accept the Financial Report. Motion carried unanimously. ADMINISTRATIVE REPORTS Tax Report Planning & Inspections Report Public Works Report Recreation Report Library Report Police Report Motion by Council Member Maness and seconded by Council Member Tart to accept the Administrative Reports. Motion unanimously approved. City Manager's Report City Manager Neuschafer gave an update on current City projects and issues. Staff is working on the budget and need to set a budget meeting before the end of May. We are working with the Landscape contractor but were unable to get the contractor awarded the bid to execute the contract. We will be bringing that back before you at the May Council meeting. Parks and Recreation Director McNeill has been working hard to get the ballfields ready for opening day on April 29". The first pitch out for baseball is 9:00 a.m. andl1:00 a.m. for softball. The removal of the Royal Inn has begun and will happen over the next several weeks. Public Works Director Gaster gave Council an update on recent issues the Public Works Department and Public Utilities are working on. ANNOUNCEMENTS The following announcements and/or comments were made. Mayor Harris: ➢ 14"i Annual PAL Community Fair April 14" — April 23rd in the new Walmart parking lot ➢ City Offices will be closed Friday, April 14, 2017 in observance of Good Friday ➢ Boogie on Broad will be held on Friday, April 21, 2017 from 6 p.m.-9 p.m. in Downtown Dunn ➢ The Mayor's Prayer Breakfast is scheduled for Thursday, May 4, 2017at 7:30 a.m, in the Gospel Tabernacle Life Center Y Dunn Community Clean Up Day will be held on Saturday, May 6, 2017 — Volunteers are asked to meet at the Dunn Area Chamber of Commerce office located at the General William C. Lee Airborne Museum at 8:30 a.m. ➢ The AP Government Class from Triton High School will be participating in the Leaders of Tomorrow (Shadow) Program and mock City Council Meeting on Tuesday, May 9, 2017 beginning at 9:00 a.m. ➢ The next regular City Council Meeting is scheduled for Tuesday, May 9, 2017 @ 7:00 p.m. Mayor Harris recognized the following Eagle Scouts from Troop 711: Matthew Smith — Scout Leader Cole Sunnier — Eagle Scout Carson Smith — Eagle Scout Jackson Wood — Eagle Scout. Motion by Council Member Maness and seconded by Council Member Tart to adjourn the meeting at 8:20 p.m. Motion unanimously approved. Oscar N. Harris Mayor Attest: Jennifer M. Fortin, CMC City Clerk DUNN — W"d � J DU�` _ DUNN N All -America City All -America Cirl City Council Agenda Form 1 ®Meeting ate: May 9, 2017 1989 * 2013 1989 * 2013 SUBJECT TITLE: Minutes — Special Call Meeting April 21, 2017 Presenter: Department: Attachment: X Yes No Description: April 11, 2017 — Minutes Special Cali Meeting Public Hearing Advertisement Date: N/A Attached please find the minutes of the April 21, 2017 Special Call Meeting for your consideration. 17_Ca:ZdZi111dU71 BUDGET IMPACT: RECOMMENDATIONIACTION REQUESTED: MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Thursday, April 21, 2017, at 4:00 p.m. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tern Billy Barfield, Council Members Buddy Maness, Dr. Gwen McNeill, Frank McLean, Billy Tart, and Chuck Turnage. Also present was City Manager Steven Neuschafer, Finance Director Mark Stephens, Recreation Director Brian McNeill, City Clerk Jennifer Fortin, and Daily Record Report Melody Brown -Peyton. INVOCATION Mayor Harris opened the meeting at 4:00 p.m. and gave the invocation. Afterwards, the Pledge of Allegiance was repeated. AGENDA ADJUSTMENT AND APPROVAL Motion by Council Member Maness and seconded by Council Member Barfield to adopt the April 21, 2017 meeting agenda with changes, if any, as listed below. Agenda ]terns Added.• • none Agenda Items Removed: • none Motion unanimously approved. ITEM FOR DISCUSSION AND/OR DECISION Accept and Approve Parks and Recreation Comprehensive Plan- Tart Park Master Plan Discuss Capital Project Ordinance for Parks Review and Discuss the PARTF Grant Application (Parks and Recreation Grant) City Manager Neuschafer noted there were three items to act up. The draft Comprehensive Plan before you due to each time we apply for a grant we have to adopt a new Comprehensive Plan. A consultant is assisting us in preparing this. This shows what we have in the existing Parks and Recreation system and future ideas. The documents note the staffing, what we offer and what we might offer in the future. This is for guidance, brings in comments from the public as we had several public hearings and surveys and helps guide us in future decisions. The Capital Project Ordinance is an Ordinance that Council has to adopt, which is also part of the application process. If it were to get funded, we would create this capital item account and put the funds necessary to do the project in the account. The total budget is $1,175,000. In the application under Phase I the only construction we are looking at doing is for a control tower, walking trail, multi -purpose field grading, field lighting for all of the ballfields, large field relocation, batting cage, fitness stations, landscaping and disc golf. Those are the only items we are asking Council and the grant to fund. If funded, the money would go towards these specific items. Mayor Harris noted the Comprehensive Master Plan is the same as the previous one we did for Tyler Park. He sat down the Steven and Brian and looked at the basic needs for the park. The basic needs are the relocation of the ballfield and the tower. The tower is one of the most important things needed. That would set the stage for the entire renovation for Tart Park. This is the only recommendation he was willing to bring to Council unless Council wants to do otherwise. He recommended we go forth and apply for a $350,000 grant and commit $350,000 from the City and go back to the public for private funds. The application is due May 1, 2017, Council Member Barfield ingµired if there was a possibility of having all of the baseball fields the same size. Recreation Director McNeill noted Mr. Crawford had surveyors go out and find out how to position the smaller field to fit the other fields and recommended it would not be possible without reconfiguring the parking lot. With the regular programs, we would only play our 8U. If there were any 3`a party tournaments such as travel ball, that field would only suit the 8U. Mayor Harris inquired if the plan is filed for the grant purpose, can we move lines around as long as the concept of the plan doesn't change after the submission is made? Recreation Director McNeill noted yes and an updated the site plan would have to be submitted to the PARTF authority. Council Member Maness inquired about the 12 %% management fee. City Manager Neuschafer noted when we negotiate with whoever is going to do the work that will change. Council Member Tumage inquired about disc golf and if it was supported on the survey and is what people wanted or is it gives us points towards the PARTF Grant? Recreation Director McNeill stated it does give us points and noted other parks throughout the County have disc golf and they have had a lot of positive feedback by adding disc golf to their parks. Council Member Turnage inquired about the funding and asked if this was contingent on getting the PARTF Grant. Mayor Harris noted yes. if we don't get the grant then we can apply again the following year. Council Member Tart inquired about the ditch on the back side of the park through Jackson Road. There are flooding issues now and he suggested we consider enlarging the pipe to relieve the drainage ditch. Motion by Council Member Barfield and seconded by Council Member McLean to accept and approve the Parks and Recreation Comprehensive Plan -Tart Park Master Plan, adopt the Capital Project Ordinance for Parks, and apply for the PARTF Grant. Motion unanimously approved. Motion by Council Member Tart and seconded by Council Member McNeill to adjourn the meeting at 4:24p.m. Motion unanimously approved. Oscar N. Harris Mayor Attest: Jennifer M. Fortin, CIVIC City Clerk DUNN bAd 1 rol; DUidN D hAd All -America Ciq „f k,' n All-kawrica Clly City Council Agenda Farm � I ® Meeting )ate: May 9, 2017 1989 * 2013 1989 * 2013 SUBJECT TITLE: Destruction of Municipal Records Presenter: Department: Admin. Attachment: X Yes No Description: Destruction of Municipal Records Public Hearing Advertisement Date: f1Uallell 1 The documents have exceeded the required retention time and should be destroyed pursuant to the Municipal Disposition Schedule BACKGROUND: BUDGET IMPACT: RECOMMENDATIONIACTION REQUESTED: Destruction of Records - Human Resources Department (Department) Submitted for the May 09, 2017 City Council Meeting Safety Committee Meeting 3 years 01/01/2004 — 04/30/2014 Agendas and Minutes Monthly Department Safety 3years 01/01/2004 — 04/30/2014 Topic Meetings Submitted By: Anne Thompson - Printed Name/Signature Department: Human Resources nor�t rro li ua 6UNw I. �� r}UM1�: rt 1 iunn City Council Agenda Form r Meeting ate: May 9, 2017 SUBJECT TITLE: Re -Award of Mowing Contract Presenter: Dean Gaster Department: Public Works Attachment: Yes X No Description: Re -Award of Mowing Contract Public Hearinq Advertisement Date: 0 PURPOSE: To award the mowing contract for cemeteries and other City sites to Old Mill Stream, Inc. for a period ending June 30, 2018. BACKGROUND: On March 14, 2017, the City Council voted to award the mowing contract to Lane Lawn Care which submitted the lowest bid of $157,500. On April 6, 2017, the City received a request from Mark Lane with Lane Lawn Care that his bid be withdrawn due to medical issues. The second lowest bid was submitted by Season to Season Lawn Care at $185,250. The bid packet did not include a copy of a NC Pesticide Applicator's License which was required for the packet to be qualified. Also, references were checked and they did not include any right-of-way maintenance or cemetery experience. The third lowest bid was submitted by Old Mill Stream at $205,875 for a 15 month period ending June 30, 2018. Old Mill Stream has graciously stepped in during the interim period, and especially during the Easter holiday, to help the City through the process of re -awarding the contract. Due to a (2) month interim period before the item could be properly placed on the Council Agenda, the new contract will be written for a thirteen (13) month period beginning June 1, 2017 and ending June 30, 2018. Old Mill Stream will honor their monthly bid price of $13,725 for a total thirteen (13) month contract of $178,425. BUDGET IMPACT: $178,425 over a thirteen (13) month period. RECOMMEN DATIONIACTION REQUESTED: Request approval for City staff and City attorney to proceed with drafting and securing a thirteen (13) month mowing contract with Old Mill Stream, Inc. 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. SUBJECT TITLE: Temporary Blocking of Streets— 9t" Annual Kellie's Krew Run for a Cure Presenter: Manager Autry Department: Administration Attachment: X Yes No Description: Letter of Request & Mapped Route Public Hearinq Advertisement Date: 0 A request has been received from Kim Schmidlin, on behalf of The Kellie's Krew RUN TEAM, to close portions of certain streets within the City of Dunn as indicated on the attached map on Saturday, August 26, 2017 from approximately 6:00 am until 1:00 pm. This event will start and end at the General Lee Museum. BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Motion to approve the temporary street closings as requested by Kim Schmidlin, to hold the 9" Annual Kellie's Krew Run for a Cure. March 28, 2017 Dunn Police Department PO BOX 1065 Dunn, NC 28335 Re: 9"Annual Kellie's Krew Run for a Cure K-Ihp .: Kr r,w Rut For a CLup 111 S. F,c; oad Ave. ,j ri r). NC 28334 We are pleased to announce the 91h Annual Kellie's Krew Run for a Cure will be held in Dunn again this year on Saturday August 26nd, 2017 at the General Lee Museum. Our event hosted over 500 people last year which included runners, sponsors, volunteers, and survivors. We would first like to thank you and your staff for your support of our run the years. Concern over the safety of our participants has never been an issue since bringing our event to Dunn, due to the diligence and coordination of your staff. As always, a major consideration for our 2017 event is the safety of our participants, volunteers, and spectators from the community. With that in mind, we would sincerely appreciate your support again this year and we solicit any input regarding the best use of city safety staff versus volunteer safety staff to maintain course and participant safety. We would also appreciate your input concerning potential road closings as well. The run course will remain the same as last year. We have enclosed a copy of the certified course. Again this year our run will include a 10k, 5k, and a 1-mile fun run. Registration for the event will start at 7AM at the General Lee Museum. The 10K Run will begin at 8:30AM with the 5K following at 9AM. The One Mile Fun Run will begin at 10AM and end at approximately 10:30.Our awards presentation and community acknowledgements will complete the event at 11:30. At the present time, we anticipate approximately 600 people at the event. Thank you for your help in making this not only a successful event, but also a safe one for our participants and the City of Dunn. Sincerely, Kim Schmidlin and The Kellie's Krew RUN TEAM 'i e'` Ii id1r, ., Ka <� i' — n ''� rent Page 1 of 1 Restriction: On Divine W of Watauga, stay L of center. `' S/f: Pole 2HY11 on S edge of path to museum at 209 W Divine St. O"s, 35.30766,48.61369. 0,17m (utum): On W Divine 78 ft W of McKay and 6 ft E of storm grate. 35.30913, -78.61623. 1 m:10 ft E of pole 2KE21 E of #767. 35.30873, -78.61977. Zm, 2m: 6 ft S of four green utility boxes on W side of road. 35.31031,-78.62471. 3m: 28 ft E of Orange. 35.31002,-78.61775. 4m: 6 ft E of edge of 6-ft diam tree on S side. 35,30936,-78.62076. 6m: 26 ft S of Pope and 16 ft N of Canterbury entrance sign. 35.31107, -78.62401. 6m: 27.6 ft E of Ellis. 35.30947.-78.61684. 4m N,NA3 Stan grate AY//S .spy 4 025 m = a A a �Op 3s n n� �f f c h Qa s N McK AveZ'e ACCRF 10K RUN, DUNN, NC USATF CERT NC15119NW, EFFEC JULY 27, 2015 TO DEC 3' NEVILLE WOOD file:///C:/Userslifortin/AUpData/Local/Microsoft/Windows/Temuoraiv%20Internet%20Piles.._ 5/9/9.017 DUNK nonh c of "Iiva DUNN DUNN q fWM r f City Council Agenda Form Meeting lute: May 9, 2017 SUBJECT TITLE: Consideration of Ordinance to Demolish House — 604/606 S. Fayetteville Ave. PIN #: 1516.45-7909.000 Presenter: Chief Building Inspector Steven Kin Department: Inspections Description: Ordinance to Demolish Property Attachment: X Yes No Photographs of property Ins ection Results Public Hearing Advertisement Date: PURPOSE: Chief Building Inspector Steven King has conducted an inspection at 604/606 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,GS, §160A-443, the City Council has the power to proceed with the demolition of this property. This matter was tabled at the March 14, 2017 Council Meeting to be brought before the City Council at the May 9, 2017 Council Meeting to allow the property owner more time to make repairs on the dwelling. At this time, the property owner has requested no additional inspections for repairs since the March 14, 2017 Council meeting. The repair/renovation of the dwelling is approximately 30% completed. Should Council decide to proceed with the demolition of the dwelling at 604/606 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 allow more time for the renovation to be completed at the dwelling located at 604/606 S. Fayetteville Ave. (PIN # 1516-45-7909.000). 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. not carolina UNN LLD. D I Ci1,y oP dann POST OFFICE BOX 1065 ° DUNN, NORTH CAR.OLINA 28335 (910) 230-3505 < FAX (910) 230-9005 wwtia,.dunn-nc.org Mayor Oscar N. Harris Mayor Pro Tern Billy Barfield Council Members Buddy Maness Dr. Gwen McNeill Frank McLean Billy Tart Chuck Turnage City Manager Steven Neuschafer AN ORDINANCE DIRECTING THE BUILDING INSPECTOR TO REMOVE OR DEMOLISH THE PROPERTY HEREIN DESCRIBED AS AN UNSAFE BUILDING CONDEMNED PURSUANT TO N.C.G.S. §160A-426, ET SEQ. WHEREAS, that on August 26, 2016, the Building Inspector for the City of Dunn sent a notice to ZELM, LLC c/o Lee Brown, the owner(s) of record of property located at 604/606 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, with Lee Brown, property owner, and Samantha Wullenwaber, Planning Director, in attendance. Following the completion of the hearing, the Chief Building Inspector entered an Order, pursuant to North Carolina General Statute § 160-429, declaring that the 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 6, 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 7, 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: 604/606 S. Fayetteville Ave., Dunn, NC 28334 PIN #: 1516-45-7909.000 PARCEL ID # 02151610390002 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 7°i 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) mile of the City of Dunn city limits, except for the property owner's primary residence. (b) Upon completion of the required removal or demolition, the Building Inspector shall sell the useable materials of the 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 9`" day of May, 2017 Oscar N. Harris, Mayor Attest: Jennifer Fortin City Clerk north carollna UCUUUNN City of dunn INSPECTIONS DEPARTMENT POST OFFICE BOX 1.065 < DUNN, NORTH CAROLINA_ 26335 (910) 230-3505 FAX (910) 230-9005 www.dunn-nc.org PROPERTY HISTORY: 604/606 S. Fayetteville Ave. (PIN#: 1516-45-7909.000) Owner: Zelm, LLC - Lee Brown Mayor Oscar N. Harris Mayor Pro Tem Billy Barfield Council Members Buddy Maness Dr. Gwen McNeill Frank McLean Billy Tart Chuck Turnage City Manager Steven Neuschafer Aueust 26, 2016 — The dwelling at 604/606 S. Fayetteville Ave. was condemned by City of Dunn Inspection Department. Condemnation and Notice of Hearing letter was mailed to Zelm, LLC — Lee Brown advising of hearing date of Friday, September 2, 2016. September 2, 2016 — Hearing was held at 102 N. Powell Ave. Condemnation process was explained to Mr. Brown as well as the appeal process. September 7, 2016 — Order after hearing letter was mailed to Mr. Brown advising him to remedy the defective conditions within sixty (60) days. Also, a letter outlining the appeal process was mailed at this time. September 17, 2016 — Time period for appealing Building Inspector's decision expires. October 13, 2016 — Building permit applied for and issued for repairs to structure. November 6, 2016 — Original sixty (60) day time period expires for making repairs or demolishing structure. November 30, 2016 — Site visit performed and work is still continuing on dwellings. Spoke with Mr. Brown on site and he stated that he was still working on the dwelling and would be at the December 13th 2016 Council Meeting. Mr. Brown stated that approximately $15,000 has been spent on the repairs including a new roof covering, new windows and exterior doors, replacement of rotten wood siding, and a new floor system was currently being installed. December 33, 2016 — Scheduled for City Council to adopt ordinance directing the Inspection Department to remove or demolish unsafe building. December 13, 2016 — Property was brought before City Council and an additional sixty (60) days were granted for work to continue. An update of property was then scheduled for the March 14, 2017 Council Meeting. DUNN RCAnerfae Cliy xv ,,,; �,16r r t t c xa�r f ar �. wP January 30, 2016 — Last building inspection performed on structure approving floor system installation. March 1, 2017 — Site visit was performed to take pictures and inspect progress that was being made. Floor system is completed with repairs continuing to exterior walls, replacement of windows, exterior wall sheathing being replaced. Mr. Brown informed me that an additional $5,000 has been put into the repairs on this structure bringing the total amount to approximately $20,000. March 14, 2017 — March City Council meeting to take place. Council voted to extend time until the May 2017 Council Meeting. May 2, 2017 — Site visit was performed to take pictures and inspect progress that has been made. Exterior walls have been repaired and inside walls have been constructed. Plumbing contractor is scheduled to start on Thursday, May 4'h, and the electrical contractor is scheduled to start on Monday, May 8"', 2017, May 9, 2017 — May City Council meeting to take place. DUNN AII�Anenea Cite IM*2013 ` 91- Updated Photos May 2, 2017 Comparisons November 30, 2016 March 1, 2017 b UUNN g City Counet I Agenda For Meeting ate® May 9, 2017 SUBJECT TITLE: Consideration of Ordinance to Demolish House-101 Short Street PIN # 1516.35.0263,000 Presenter: Chief Building Inspector Steven Kin Department: Inspections Description: Ordinance to Demolish Property Attachment: X Yes No Correspondence to property owner Photographs of property Public Hearing Advertisement Date: 04/25/17 & 05/02/17 1211:190114 Chief Building Inspector Steven King has conducted an inspection of 101 Short Street 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 Chief Building Inspector also found the dwelling dangerous or prejudicial to the public health or public safety and is a nuisance in violation of G.S. §160A-193. The owner of the property has failed to comply with the Chief 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 101 Short Street, an ordinance (which is attached) would need approval directing the Chief 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 101 Short Street. (PIN # 1516.35.0263.000) 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. r Mayor t1orIh ca1oliIIrI Oscar M Harris v � rUNN' Mayor ProTern r._ Billy Barfield Dc i t 1' o I' d u n e Council Members Buddy Maness Dr. Gwen McNeill Frank McLean POSTON:FICE LSOX)065 , b'1 'sJT%fslORTH CA ROLINA 28333 Billy Tart Chuck Turnage (916) 230-:'05 4 FAX (910) 2.30-9005 vvvvvk,, 'lrznn-Rc oTg City Manager Steven Nenscltafer 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 February 10, 2017 the Building Inspector for the City of Dunn sent a notice to Eddie D. Smith, the owner(s) of record of property located at 101 Short St., 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 February 20, 2017 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 February 20, 2017 a hearing was conducted by the Chief Building Inspector Steven King and Eddie D. Smith, property owner, 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 April 21, 2017; 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 April 25, 2017 and May 2, 2017, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on May 9, 2017 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 by the Chief Building Inspector, and is an unsafe building condemned as set forth in North Carolina General Statute § 160A-426 and constitutes a fire and safety hazard; and WHEREAS, the owner of this dwelling has been given a reasonable opportunity to repair or demolish the dwelling pursuant to an Order issued by the Building Inspector on February 21, 2017 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: 101 Short St., Dunn NC 28334 PIN #: 1516-35-0263.000 PARCEL ID # 02151610550015 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 21" day of February, 2017 and in accordance with North Carolina General Statute §160A-432, based on the owner's failure to comply with such Order. Section 3. (a) The cost of removal or demolition shall constitute a lien against the real property upon which the cost was incurred. The lien shall be filed in the office of the City Tax Collector, and shall have the same priority and be collected in the same manner as the lien for special assessments in Article 10 of Chapter 160A of the North Carolina General Statutes, and such costs shall also be lien against any other real property owned by the owner of the property within the City of Dunn, North Carolina, or within one (1) mile of the City of Dunn city limits, except for the property owner's primary residence. (b) Upon completion of the required removal or demolition, the Building Inspector shall sell the useable materials of the 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 9°i day of May, 2017 Oscar N. Harris, Mayor Attest: Jennifer Fortin City Clerk NOTICE OF PUBLIC HEARING DUNN CITY COUNCIL TO: Eddie D. Smith 603 S. McKay Avenue Dunn, NC 28334 LOCATION OF DWELLING: 101 Short St., Dunn, NC 28334 (PIN #: 1516-35-0263.000) You are hereby notified that a public hearing will be held before the City Council of the City of Dunn at its May 9, 2017 meeting at 7:00 pm 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 28°' day of April, 2017. Steven King Chief Building Inspector, City of Dunn CERTIFIED MAIL DATE: 04/28/2017 CERT NO: 7016 2070 0000 3716 2224 Mayor �— north carollna OscarN.Harris T YNNMayor Pro Tem Billy Barfield Council Members city of d u rl n Buddy Maness Dr. Gwen McNeill Inspections Department Frank McLean POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 Billy Tart Chuck Tumage (910) 230-3505 • FAX (910) 230-9005 City Manager www.dunn-nc.org Steven Neuschafer PROPERTY HISTORY: 101 Short Street (PIN#: 1516-35-0263.000) Owner: Eddie D. Smith February 91h, 2017 — Property inspected and condemned. February 1011, 2017 — Condemned Notice sent to Mr. Eddie D. Smith notifying him of hearing date of February 201h, 2017 at 2:00 pm. February 201", 2017 — Hearing held with Mr. Eddie D. Smith and Steven King. Mr. Smith was unsure at this time if he would repair or sell the house. Mr. Smith requested that I do a walk through with him to let him know what would need to be done. February 21s1, 2017 — Walk through performed and a summary of what would need to be done was explained to Mr. Smith. February 21a1, 2017 — Order after Hearing letter mailed to Mr. Smith stating he had sixty (60) days to repair or demolish the dwelling. A letter outlining how to appeal the Building Inspector's Order was enclosed as well. March 311, 2017 — Deadline for appeal. No appeal was received. April 21", 2017 — Order allowing sixty (60) days for repairs expires. April 281h, 2017 — Site inspection was conducted and no visual repairs to the dwelling were observed. May 9`h, 2017 -Scheduled for City Council Meeting. DUNN RII &aeNe� gilt 1 1989 * 2013 Harnett County Parcel Report Harnett �L0uKIY e;ang mats • nave growth 'ID:O2151610550015 'IN: 15%-35-0263.000 iEID: 0030394 ed Acreage: 0 an Acreage: 0.16461991 be and Number 204216000 r 1: SMITH EDDIE D Prinl Ihls page Legal Description: 2 LTSR59&60 26X15O EACH MP BK N4/115 : 603 S MCKAY AVE DUNN, NC 26334-WW Property Address: 101 SHORT ST City, State, Zip: DUNN, NC, 28334 Building Count: 1 Township Code: O2 Fire Code: Parcel Building Value: $24970 Parcel Outbuilding Value : $D Parcel Land Value ; $7600 Parcel Spacial Land Value a $0 Total Value :$3247O Percel Warred Value : $0 Total Assessed Vela.: $32470 Legal Land Units, Unit Type : 1, LT Harnett Cou Tax Data Last Modified: Calculated Land Unite / Type: LT as Neighborhood: 002O8 Actual Year Bull; 1929 TofalAcuta lArea Heated: 634 Sq/FI Sete Month and Year: 7 / 1983 Sale Pricet$4500 Deed Book & Page: 0751-0214 Wad Dale: Plat Book & Page: - Instrument Type; WO Vacant or Improved: OualifiedCode: 0 Transfer or Split: Prior Building Value: $3000 Prior Outbuilding Value : $0 Prior Land Value : $7600 Prior Special Land Value : $0 Prior Deferred Value :$0 Prior Assessed Value : $10500 Prior Land Units: i sc Page I of I L http://gis.harnett.org/E91 I App/Parcels/Parcel Report. aspx?pin=1516-35-0263,000 d/l�--e— 4/24/2017 Exterior north ca rolina Mayor Oscar N. Harris 5 [. Mayor Pro Tero fI Billy Barfield r'- -.-"DUNN Council Members city of C a n n Buddy Maness Dr. Gwen McNeill INSPECTIONS DEPARTMENT Frank McLean POST OFFICE BOX 1065 ° DUNN, NORTH CAROLINA. 28335 Billy Tart Chuch Turnage (910) 230-3505 . FAX (910) 230-9005 City Manager wwtv.dunn-neorg Ronald D. Autry February 21,2017 Eddie D. Smith 603 S. McKay Avenue Dunn, NC 28334 Re: Condemned Structure located at 101 Short Street, Dunn, NC 28334 (PIN #: 1516-35-0263.000) 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 101 Short St. Pursuant to North Carolina General Statute 160A-428, a hearing was held on February 20, 2017 at which you were given a time to present plans and/or arguments and evidence pertaining to the matter. The hearing was attended by Steven King, Chief Building Inspector and property owner Eddie D. Smith. 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 April 21, 2017. 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 Certified Mail: Date: 2/21 /2017 Receipt #: 7016 2070 0000 3716 2613 DUNN kxlkd dNt�arVsa Gtly lttia � u north caroling Mayor Oscar N. Harris Mayor Pro Tem -�DUNN rF III Billy Barfield C i t y o I d u n n Council Members Buddy Maness Dr. Gwen McNeill INSPECTIONS DEPARTMENT Frank McLean POST OFFICE BOA 1065 ^ DUNN, NORTH CAROLINA. 28335 Billy Tart Chuck Turnage (910) 230-3505 FAX (910) 230-9005 www.dunn-ne.or City Manager g Ronald D. Autry February 21, 2017 Eddie D. Smith 603 S. McKay Avenue Dunn, NC 28334 RE: Appeal Process Mr. Smith: 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. DUNN bdixg All Aluriga Etly vt(a 19ll9'A n n ,,vrjf�'Ji, n'ri A,7t,frl It ll ft�)'' :krfl�'e a'-i e' r _ ;north cavolina ...,--DUNN c i'C' cif cl).1nn February 20, 2017 The following attendees were present for the Minimum Housing Hearing for 101 Short St. on February 20, 2017 in Dunn, NC. 5h52 9TZE DODO OLD2 9TN N N Q { ® N ug cia0aCZ5 north caioIina UNN city of duorl INSPECTIONS DFPA.RTMENT POST OFFICE LOX 1065 ° DUNN, NORTH CA,ROLIW 28535 (910) 230-3505 - FAX (910) 230-9005 www Aunn-ric.org CONDEMNATION NOTICE February 10, 2017 Eddie D. Smith 603 S. McKay Avenue Dunn, NC 28334 Location of Dwelling: 101 Short Street, Dunn, NC 28334 (PIN # 1516-35-0263.000) Dear Property Owner(s), Mayon Oscar N. Harris Mayor Pro Tern Billy Barfield Council Members Buddy Maness Prank McLean Dr. Gwen McNeill Billy Tart Chuck Tumage City Manager Ronald D. Autry Please be advised that the undersigned is the Chief Building Inspector for the City of Duren, North Carolina and I am writing in reference to the dwelling at 101 Short St. 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 101 Short St. 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 Monday, l*ebruaiy 20, 2017 at 2:00 p.m, in the office of the Chief 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. Sinc r y, � e'n toeven Kmg Chief Building or Certified Mail: Receipt #: 7016 2070 0000 3716 2545 Date: 02/10/2017 RIl�ampt kakfid f r�r - ` loll `il Vrt �m City Council Agenda Form p Meeting ate-, May 9,2017 Conditional Use Permit CU-01.17 RP Wellons Land & Development PIN # 1517.24-6607.000 1700 block of Friendly Road Director Attachment: X Yes No Description: Conditional Use Application, staff report, map Public Hearing Advertisement Date: April 25 & Mav 2. 2017 A request was received from RP Wellons Land & Development LLC for a Planned Residential Development. This property is currently zoned R-7, Single Family Dwelling District. The planning board met on May 2, 2017 reviewed the request and asked for comment 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, PLANNER'S RECOMMENDATION OR COMMENTS: Here are (in BOLD) some example findings for your consideration to amend as needed. The findings need to be stated for the record during the meeting. With due regard to the nature and state of all adjacent structures and uses, the district within which such use is to be located and official plans for future development, the City Council shall make written findings that the following provisions are fulfilled: (1) The use requested is listed among the conditional uses in the district for which the application is made. PER THE ZONING ORDINANCE ARTICLE IX DIVISION 3, THE CONDITIONAL USE IS LISTED IN THE ORDINANCE. (2) The requested use is essential or desirable to the public convenience or welfare. THE REQUESTED USE IS DESIRABLE TO THE PUBLIC CONVENIENCE AND DESIRABLE TO THE WELFARE OF THE PUBLIC. (3) The requested use will not impair the integrity or character of the surrounding or adjoining districts, nor be detrimental to the health, morals, or welfare. THE SURROUNDING PROPERTY IS CURRENTLY RESIDENTIAL AND AGRICULTURAL. THE PROPOSED USE IS RESIDENTIAL IN NATURE. (4) The requested use will be in conformity with the land development plan. THE LOCATION OF THIS REQUEST IS SURROUNDED BY RESIDENTIAL ZONING DISTRICTS AND USES. THE ISSUANCE OF THIS PERMIT WILL BE APPROPRIATE WITH THE ANTICIPATED GROWTH PATTERN OF RESIDENTIAL USE IDENTIFIED IN AREA ONE OF THE 2030 LAND USE PLAN. (5) Adequate utilities, access roads, drainage, sanitation, and other necessary facilities have been or are being provided. ALL FACILITIES WILL BE AVAILABLE AT THIS LOCATION. ANY ADDITIONAL CONDITIONS FOR APPROVAL SHALL BE AGREED TO BY THE APPLICANT OR THEIR REPRESENTATIVE. RECOMMENDED MOTION: BASED ON THE APPLICATION, THE EVIDENCE SUBMITTED, AND THE ABOVE FINDINGS OF FACT AND ANY AGREED CONDITIONS--- ENTERTAIN A MOTION FOR GRANTING/DENYING THE CONDITIONAL USE PERMIT APPLICATION. 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. norih caroling i city o£ dn,)u For Planning Depar Case Number Date Received Fee Paid Board Meeting City Council Meeting 1 I'Iffliel OWNERSHIP INIFORMATION: Applicant: RP Wellons Land & Development, LLC Phone Number: ( 910 ) 892 - 3123 Applicant's Legal Interest in Property: Residential Development - PUD Neighborh000d Applicant's Address: PO Box 730, Dunn, North Carolina 28335 Property Owner: RP Wellons Land & Development, LLC Owner's Address: PO Box 730 Dunn, North Carolina 28335 Date Property Acquired: 2-24-2017 Deed Reference: Book 3482 Page 601 Tax PIN Number: 1517 - 24 - 6607 .000 Size (Sq. Ft. or Acres) 9ac. Street Frontage (ft) 390 ft. Location/Address: Friendly Road Dunn, North Carolina 28334 Attach a legal description (Metes and Bounds Description) of the area requested. CONDITIONAL USE REQUEST: A. Proposed Conditional Use: Planned Residential Develoament Number of parking spaces provided: 144 Driveway/Road Access: 26' back to back citystreet treet B. Land Uses 1. Existing Zoning: R-20: Single Family Dwelling Residential District Existing Land Uses on Property: Agricultural 2. Existing or proposed land uses on all adjoining properties: North Agricultural South Residential East Agricultural West Agricultural/Resid C. Statements of Justification: (City Code, Article IX of Chapter 22) Attach a statement justifying the following: 1) The use requested is listed among the conditional uses in the district for which the application is made. 2) The requested use is essential or desirable to the public convenience or welfare. 3) The requested use will not impair the integrity or character of the surrounding or adjoining districts, nor be detrimental to the health, morals, or welfare. 4) The requested use will be in conformity with the land development plan. 5) Adequate utilities, access roads, drainage, sanitation, and other necessary facilities have been or are being provided. EXHIBIT "A" C. Statement of Justification The use requested is listed among the conditional uses in the district for which the application is made. At the time this application is considered, the zoning classification for the 8.90 acres development site should be R-7 Single Family Dwelling District. The City of Dunn Zoning Ordinance Section 22-501 provides that Planned Development is a unique conditional use that can be applied in this case under Section 22-502 as a residential planned development in a R-7 single family dwelling district. 2. The requested use is essential or desirable to the public convenience or welfare. If the planned residential development conditional use is granted, the applicant intends to develop the 8.90 acre site tract into a planned single family residential development with 36 residential units with each unit composed of at least 1,300 square feet with 3 bedrooms, 2 bathrooms, living/kitchen/dining combo area, single vehicle garage and patio. Newly constructed residential units of this type are in great demand as evidenced by similar sold out sections of the Gleneagles subdivision community located in close proximity to the proposed site. The development of the tract which is located in the midst of a large agricultural area on the north side of Friendly Road would increase the tax base for the site and would begin planned residential growth in one of the last open areas of the City of Dunn. 3. The requested use will not impair the integrity or character of the surrounding or adjoining district, nor be detrimental to the health, morale or welfare. The requested use of single family residential as detailed on the applicant's site plan will not impair the integrity or character of the surrounding area. The ordinance requirements of the planned development conditional use are very particular as mandated by the Dunn City Planner. Those conditions including density, parking, lot size and open space have been complied with pursuant to the engineered site plan. The planned single family residential nature of the proposed site is compatible with the residential developments on the south side of Friendly Road (Westfield and Village Square Subdivisions) and the single family residential communities in the East and West outlying areas. Single family residential use in the manner as presented on the application should have no detrimental effect on the health, morals or welfare of the surrounding community. 4. The requested use will be in conformity with the land development plan. The 2030 Land Use Plan for the City of Dunn includes land use plan maps which show the Friendly Road area. The Future Development Areas Map (p. 85) and the Future Lane Use Map (p. 86) support the proposed planned residential development conditional uses for the subject tract in that these maps show this area as planned for residential use and growth. Therefore the requested planned residential development conditional use is consistent with the City of Dunn Land Use Plan. 5. Adequate utilities, access roads, drainage, sanitation, and other necessary facilities have been or are being provided. The proposed single family planned residential development shall have access to and be served by an access road to Friendly Road which is city maintained and City of Dunn water, sewer and garbage pickup. Drainage for the site has been engineered whereby storm water shall be diverted to a planned detention pond for gradual and proper runoff. 4. Data on Market Potential - Middleton Townes— Planned Residential Development. Attached please find graphs from the Triangle MLS showing the need for new construction housing under 1500sq.ft. in the Dunn, North Carolina market. As of January 2017, there were no new construction homes in the area to fit the criteria of which we propose to build. Newly constructed residential units of this type are in great demand as evidenced by similar sold out sections of the Gleneagles subdivision community located in close proximity to the proposed site, We do not plan to restrict the age requirement to this neighborhood. This Is one of the only remaining residential zoned neighborhoods to be developed within the city. r O N 0 N N m o � E � o � o � a S � m 'irol p rce m N w j o N i C i G i F E ro o � N Z N O N c0 �t N O T t CO m W N W N {,�,�r R � a a g `�... E U A O O 0 t o U m w _........ EO E o: w o LD a< « 1 ro 5 n C 1 tq U N W C G O p , a M O N N N ® O `- ADJOINING PROPERTY OWNERS (WITHIN 100 FEET OF REQUESTED CHANGE) NAME 1. Moses Tripp Jr 2. Nola Woldseth Brenda Vann 3. Myrtle Norris 4. Donald R. Srassbur 5. Stanley F Thompson 6. WJH LLC 7. Latoya D Williams 8. WJH LLC 9. 10. I1. MAILING ADDRESS 7740 Stokes Rd Middlesex, NC 27557 5400 Park St. N - Unit 100 St. Petersburg, FL 33709 PO Box 582 Erwin, NC 28339 311 Westfield Dr Dunn NC 28334 310 Westfield Dr Dunn, NC 28334 PO Box 1368 Clayton, NC 27529 1615 Friendly Rd Dunn, NC 28334 PO Box 1368 Clayton, NC 27529 PIN NUMBER 1517 - 25 - 4641 .000 1517 - 35 - 1125 .000 1517 - 24 - 9416 .000 1517 - 24 - 363 .000 1517 - 24 — 2240 .000 1517 - 24 - 3134 .000 1517 - 24 - 4019.000 1517 - 24 - 4084.000 .000 .000 .000 0 Adjacent Property Owners CU-01-17 John Wesley Johnson 1700 Friendly Road Dunn, NC 28334 Nola Woldseth Brenda Vann 5400 Park St N Unit 100 St. Petersburg, FL 33709 Leonard Tripp Trust Georgiana Trip Trust 774 State Road 58 E Bedford, IN 47421-7674 Moses Tripp, Jr. 7740 Stokes Road Middlesex, NC 27557 Donald Strassburg 311 Westfield Dr Dunn, NC 28334 Stanley Thompson 310 Westfield Dr Dunn, NC 28334 WJH LLC PO BOX 1363 Clayton, NC 27529 Latoya Williams 1615 Friendly Road Dunn, NC 28334 Daniel Smith 1611 Friendly Road Dunn, NC 28334 7— r 000 OWNER'S CERTIFICATION I (We) do hereby certify that: I am (We are) the owners or authorized agent of the property described in this application for conditional use permit and have attached copies of deed, title reports or other documents as proof of ownership. I (we) have read the conditional use procedures, requirements and have truthfully completed this application for a conditional use permit. I (we) understand that the filing fees are non-refundable; the process to review conditional use cases includes public hearing and review by both the Planning Board and the City Council. I (we) understand any action to approve our request is at the discretion of the Planning Board and the City Council and additional requirements may be imposed as determined necessary. Signature f Date Sworn to and subscribed before me this '>1 day of a�1r��,(;<.t h 120 ! 1 p s Notary`Tublic, Commission Expires: > • - NORTH CAROLINA DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS HARNETT COUNTY OF MIDDLETON TOWNES SUBDIVISION THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS, made the _ day of , 2017 by RP WELLONS LAND & DEVELOPMENT, LLC, a North Carolina limited liability company, with its principal office located at P. O. Box 730, Dunn, Harnett County, North Carolina 28335 hereinafter referred to as `DECLARANT' WITNESSETH: WHEREAS, DECLARANT is the owner of certain real property located in Averasboro Township, Harnett County, North Carolina, (hereinafter referred to as the "PROPERTIES") which is more particularly described as follows: Being all of MIDDLETON TOWNES SUBDIVISION, as shown on that plat recorded at Map Number , Harnett County Registry, reference to which is hereby made for a more particular description. NOW, THEREFORE, DECLARANT hereby declares that all of the PROPERTIES described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the real property and be binding on all parties having any right, title, or interest in the described PROPERTIES or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" or "HOA" shall be used interchangeably to mean and refer to Middleton Townes Owners Association, Inc., its successors and assigns, a private non-profit corporation formed or to be formed by the DECLARANT primarily as a Homeowners Association for the lot owners in MIDDLETON TOWNES SUBDIVISION. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot which is part of the PROPERTIES, including contract sellers, by excluding those having such interest merely as security for the performance of any obligation. Section 3. "Properties" shall mean and refer to that certain property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 4. "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Owners, which shall include any real property, improvements thereon, and other amenities conveyed to the Association by the Declarant. Section 5. "Lot" shall mean and refer to any of the numbered lots as shown on plat of MIDDLETON TOWNES SUBDIVISION recorded in the Harnett County Registry, Section 6. "Declarant" shall be used interchangeably with "Developer", and shall mean and refer to RP Wellons Land & Development, LLC, or its successor in interest if such successor should acquire undeveloped property from the DECLARANT for the purpose of development. Section 7. "Declaration" shall mean this instrument as it may be from time to time amended or supplemented. Section 8. "Membership" shall mean and refer to the rights, privileges, benefits, duties, and obligations, which shall inure to the benefit and burden of each member of the Association. Section 9. "Member" shall mean and refer to every person or entity who has a membership in the Association. Section 10. "Mortgagee" shall mean a beneficiary under a mortgage or Deed of Trust. ARTICLE II PROPERTY RIGHTS Section 1. OWNERS' EASEMENTS OF ENJOYMENT. Every owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every lot, subject to the following provisions: a. The right of the Association to suspend the voting rights and privileges of an Owner for any period during which any assessment against his lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations. b. The rights of the Declarant as set forth herein. C. The right of the Association to impose regulations for the use and enjoyment of the Common Area and improvements thereon, which regulations may further restrict the use of the Common Area. d. The right of the Association to mortgage or convey all or part of the common area subject to such conditions as may be agreed to by the Association. No such dedication or transfer shall be effective unless an instrument creating such a dedication or transfer is signed by two-thirds (2/3) of each class or members (which votes may be cast in person or by proxy) and property recorded. Section 2. DELEGATION OF USE. Owner may delegate, in accordance with the By - Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property. ARTICLE III EASEMENTS Section 1. Easements are reserved and may be granted by DECLARANT or the Association as necessary in the Common Areas for installation and maintenance of underground utilities and drainage facilities. Section 2. An easement is hereby granted to all police, fire protection, ambulance and all similar persons, companies or agencies perforating emergency services to enter upon the lots and common area in the performance of their duties. Section 3. In case of an emergency originating in or threatening any lot or the common areas and facilities, regardless of whether any Lot Owner is present at the time of such emergency, the Board of Directors, or any other person authorized by it, shall have the right to enter upon any lot for the purpose of remedying or abating the causes of such emergency and making any other necessary repairs not performed by the Lot Owners, and such right or entry shall be immediate. Section4. The DECLARANT reserves unto itself, its successors and assigns, a perpetual, alienable and releasable easement and right on, over, and under the ground with men and equipment to erect, maintain, inspect, repair and use electric and telephone poles, wires, cables, conduits, sewers, water mains and other suitable equipment for the conveyance and use of electricity, telephone equipment, gas, sewer, water or other public conveniences or utilities on, in, or over each lot and such other areas as are shown on the plat of the PROPERTIES recorded or to be recorded in the office of the Register of Deeds of Hamett County; provided further, that the DECLARANT may cut drain ways for surface water whenever such action may appear to the Developer to be necessary in order to maintain reasonable standards of healthy, safety and appearance. These easements and rights expressly include the right to cut any trees, bushes, or shrubbery, make any grading of the soil, or to take any other similar action reasonably necessary to provide economical and safe utility installation and to maintain reasonable standards of health, safety and appearance. Such rights may be exercised by any licensee of the DECLARANT, but this reservation shall not be considered an obligation of the DECLARANT to provide or maintain any such utility or service. Section S. All easements and rights described herein are easements appurtenant, running with the land, and shall hurre to the benefit of and be binding on the undersigned, its successors and assigns, and any owner, purchaser, mortgagee and other person having an interest in said land, or any part or portion thereof, regardless of whether or not reference to said easement is made in the respective deeds of conveyance, or in any mortgage or trust deed or other evidence of obligation, to the easements and rights described in this Declaration. ARTICLE IV MEMBERSHIP AND VOTING RIGHTS Section 1, Every Owner of a lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any lot which is subject to assessment. Section 2. The Association shall have two classes of voting membership: a. CLASS "A". Class A members shall be all Owners with the exception of the DECLARANT and shall be entitled to one vote for each lot owned. Whenmorethan one person holds an interest in any lot, all such persons shall be members. The vote for such lot shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any lot. CLASS "B". Class B member(s) shall be the DECLARANT or Developer, and DECLARANT or Developer shall be entitled to three (3) votes for each lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (1) when total votes outstanding in the Class A membership equals or exceeds the total votes outstanding in the Class B membership, or (2) on December 31, 2022. ARTICLE V MANAGEMENT AND CONTROL Management of the affairs of the Association shall be the right and responsibility of its Board of Directors in accordance with this Declaration and the By -Laws. PROVIDED HOWEVER, that all of the powers and duties of the Board of Directors may be exercised by the DECLARANT until such time as 90% of the lots in MIDDLETON TOWNES SUBDIVISION are sold and conveyed by the DECLARANT to purchasers or until December 31, 2022, whichever occurs first. Management and control may be transferred to the lot owners at any time but in all events, no later than 120 days after the happening of the earlier of the above events. ARTICLE VI COVENANTS FOR ASSESSMENTS Section I. CREATION OF THE LIEN AND PERSONAL OBLIGATION OF ASSESSMENT. The DECLARANT, for each lot owned within the PROPERTIES, hereby covenants, and each Owner, of any lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed is deemed to covenant and agree to pay to the Association: a. Annual assessments or charges, and b. Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided; e. Insurance assessments; and d. To the appropriate governing taxing authority, a pro rata share of ad valorem taxes levied against the Common Area, if any. The annual, special, and insurance assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of die person who was the Owner of such property at the time when the assessment fee due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. Section 2. PURPOSE OF ASSESSMENTS. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in MIDDLETON TOWNES SUBDIVISION and for the improvement and maintenance of all easements, utilities, and the Common Area, specifically including, but not limited to, the maintenance and repair of all storm water drainage facilities and easements as herein provided, maintenance and repair of all other utility facilities and utility equipment not otherwise maintained and repaired by municipal, public, or private utility authorities, maintenance and operation of all lighting facilities, maintenance and repair of any amenities located upon the common areas, maintenance of the entrance area and subdivision sign, the costs of enforcing this Declaration, and the payment of all other expenses associated with the common areas, including the prompt and full payment of all ad valorem property taxes and insurance for said common area(s), and, in addition, doing any other things necessary or desirable in the opinion of the Association to keep the property in neat and good order, and to provide for the health, welfare, and safety of the Owners and residents of MIDDLETON TOWNES SUBDIVISION. Section 3. MAXIMUM ANNUAL ASSESSMENT. Through and including December 31, 2022 the maximum annual assessment shall be $100.00 per year per lot for lots in MIDDLETON TOWNES SUBDIVISION. The maximum annual assessment for the calendar year beginning January, 2018 and for successive calendar years thereafter, shall be established by the Board and may be increased by the Board without approval by the membership of the Association by an amount per year not to exceed the greater of (i) ten percent (10%) of the amount of the maximum annual assessment of the immediately preceding calendar year or (ii) the percentage increase reflected in the US Bureau of Labor Statistics, Washington, D.C. or such other index as may be the successor to said Consumer Price Index, for the twelve month period ending the immediately preceding July 1, b. The maximum annual assessment for the calendar year beginning January, 2018, and for each successive calendar year thereafter, may be increased without limit by the affirmative vote of two-thirds (2/3) of the votes of each class of membership entitled to be cast by the Members present or represented by proxy at a duly called meeting of the Association at which a quorum is present. The provisions of this subsection shall not apply to nor be a limitation upon any change in the maximum annual assessment undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under this Declaration or its Articles or Bylaws or any applicable laws. Section 4. SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to the year only for the purpose of defraying, in whole or in part, the cost of any reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5. INSURANCE. The Board of Directors, on behalf of the Association, as a common expense, shall at all times keep the property of Association, if any, insured against loss or damage by fire or other hazards and other such risks, including, buy not limited to, directors' liability and public liability insurance, upon such terms and for such amounts as may be reasonably necessary from time to time to protect the PROPERTIES and Common Area, which insurance shall be payable in case of loss to the Association for all members, The Association shall have the sole authority to deal with the insurer in the settlement of claims. Such insurance shall be obtained without prejudice to the right of each member to insure his personal property for his own benefit at his own expense. In no event shall the insurance coverage obtained by the Association be brought into contribution with insurance purchased by members or their mortgagees. Section6. INSURANCE ASSESSMENTS. All insurance policy premiums on the Common Areas for the benefit of the Association purchased by the Board of Directors or its designee and any deductibles payable by the Association upon loss shall be a common expense, (herein called "Insurance Assessment") which shall be in addition to the amounts provided for under Section 3 above, an amount sufficient to pay the annual cost of all such insurance premiums. Section 7. NOTICE AND QUORUM FOR ANY ACTION AUTHORIZED UNDER SECTIONS 3 AND 4. Written notice of any meeting called for the purpose of taking any action authorized under Sections 3 or 4 shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or proxies entitled to cast sixty (60%) percent of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (G) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 8. UNIFORM RATE OF ASSESSMENT. Both annual and special assessments must be fixed at a uniform rate for all lots or units and shall be collected on a quarterly basis. Section 9. DATE OF COMMENCEMENT OF ANNUAL ASSESSMENT AND DUE DATES. The annual assessments provided for herein shall commence as to all lots on the first day following the day of conveyance of the lot to an Owner, except that annual assessments shall not commence for any lot until a certificate of occupancy has been issued for such lot, The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors and the Board of Directors shall have the authority to require the assessments to be paid in pro rata monthly installments. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified house have been paid. Section 10. EFFECT OF NONPAYMENT OF ASSESSMENTS AND REMEDIES OF THE ASSOCIATION. Any assessment not paid within thirty (30) days after the due date shall ben interest from the due date at the maximum legal rate, together with all costs and reasonable attorney's fees associated with their collection, and all such sums shall become a lien upon the Owner's lot. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the lot. No owner may pay the same, or foreclose the lien against the lot. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his home. Section 11. SUBORDINATION OF THE LIEN TO MORTGAGES. The lien of the assessment provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof. ARTICLE VH FIDELITY BONDS Section 1. GENERAL. The Association shall maintain blanket fidelity bonds for all officers, directors, employees and all other persons handling or responsible for funds of the Association. If the Association shall delegate some or all of the responsibility for the handling of its funds to management agent, such fidelity bonds shall be maintained by such management agent for its officers, employees and agents handling or responsible for funds of or administered on behalf of the Association. Section 2. AMOUNT OF COVERAGE. The total amount of fidelity bond coverage required shall be based upon best business judgment and shall not be less than the estimated maximum of funds, including reserve funds, in the custody of the Association or the management agent, as the case may be, at any given time during the term of each bond. However in no event may the aggregate amount of such bonds be less than a use equal to three months aggregate assessments on all units plus reserve funds. Section 3. OTHER REQUIREMENTS. Fidelity bonds required herein must meet the following requirements: a. Fidelity bonds shall time the Association as an obligee. b. The bonds shall contain waivers by the issuers of the bonds of all defenses based upon the exclusion of persons serving without compensations from the definition of "employees", or similar terms or expressions. C. The premiums on all bonds required herein for the Association (except for pan = on fidelity bonds maintained by a management agent for its officers, employees and agents) shall be paid by the Association as a common expense. d. The bonds shall provide that they may not be canceled or substantially modified (including cancellation for non-payment of premium) without at least ten (10) days prior written notice to the Association, to any insurance trustee and each Eligible Mortgage Holder, ARTICLE VIH ARCHITECTURAL CONTROL Section 1. BUILDING AND SITE IMPROVEMENTS. No dwelling or other structure shall be commenced, erected, or maintained upon any lot in the PROPERTIES, nor shall any exterior addition to or charge in or alteration therein (including color of paint or finish) be made until the plans and specifications showing the nature, kind, shape, heights, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the DECLARANT, or its designee, or, after the sale of all lots by the DECLARANT, by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board. In the event the DECLARANT, or it designee, or, if applicable, the Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with, provided that such addition, change, or alteration is in general conformity with the overall plan, design, and appearance of the subdivision in general. Refusal or approval of any such plans, location or specification may be based upon any ground, including purely aesthetic and environmental considerations, that in the sole and uncontrolled discretion of the DECLARANT or Architecturat Control Committee shall be deemed sufficient. One copy of all plans and related data shall be furnished to the DECLARANT or Architectural Control Committee, as the case may be, for its records. Neither the DECLARANT nor the Architectural Control Committee shall be responsible for any structural or other defects in plans and specifications submitted to it or any structure erected according to such plans and specifications. Section2. DEVELOPER'S RIGHTS. All duties and responsibilities conferred upon the Board of the Architectural Control Committee by this Declaration or the Bylaws of the Association shall be exercised and performed by the DECLARANT or its designee, so long as DECLARANT shall own any lot in the Properties or any additions annexed thereto by Supplemental Declaration or Amendment to this Declaration. Section 3. MAINTENANCE BY ASSOCIATION. The Association, at its expense, shall be responsible for maintaining, repairing, and replacing the planting easement areas, the storm water drainage system, including all drainage lines, pipes and ditches, and storm water retention ponds which are located on the PROPERTIES, except those constructed by individual lot owners and located within individual lots. The Association shall have the right to enter upon any lot at reasonable times for the purpose of maintaining, repairing and replacing all utility and drainage lines and pipes which might be located on such lot; and each Owner hereby grants permission to the Association to enter upon his or her lot for such purposes. In the event that such need for maintenance, repair or replacement (other than such being caused by fire, lightening, windstorm, hail, explosion, riot, riot attending a strike, civil commotion, aircraft, vehicles, and smoke, as the foregoing are defined and explained in North Carolina Standard Fire and Extended Coverage Insurance Policies) is caused through the willful or negligent act of the Owner, his family, guests, or invitee, the cost of such maintenance, replacement, or repairs, shall be added to and become a part of the assessment to which such Lot is subject. The Association shall maintain all common areas, including all roadways, plantings, shrubbery, boardwalks, and walkways located thereon, and lighting fixtures, and shall pay all costs of operation thereof including premiums associated with general liability insurance insuring the Association from liability arising from the ownership and operation thereof. ARTICLE IX USE RESTRICTIONS Section 1. LAND USE, BUILDING TYPE AND LEASING REGULATIONS: No lot shall be used except for residential purposes. Approval of residence design and size must be obtained from the DECLARANT. An Owner may lease or sublease his lot unit pursuant to the following conditions: Any lease or sublease must be for at least six (6) months, in writing and contain the following provision: "Tenant shall obey, adhere to and be bound by all provisions of the Declaration of Restrictive and Protective Covenants of Middleton Townes, recorded in the Hamett County Registry. Tenant acknowledges that he has received a copy of such Declaration and is familiar with the provisions of same." If an Owner fails to include said provision in any lease or sublease, it shall be conclusively deemed to be included and part of said lease or sublease. Section2. DWELLING QUALITY AND SIZE. Being the intention and purpose of this covenant to assure that all dwellings shall be of a quality of workmanship and material substantially the same or better than that which can be produced on the date these covenants are recorded for the minimum permitted dwelling size. The ground floor area of the one story main structure, exclusive of open porches and garages, shall not be less than 1200 square feet for a one-story dwelling. Section 3. BUILDING LOCATION. No building shall be located on any lot nearer than 25 feet to the front lot line, 20 feet to the rear line, 10 feet to any interior side line and 20 feet to any side line which abuts a street (excepted from this requirement is the party wall for each unit). These setback requirements are consistent with the recorded subdivision plat. No mobile homes, manufactured homes or modular homes shall be erected, altered, placed or permitted to remain on any lot. No dwelling shall have or contain a metal roof, metal siding, or exposed cinder block; vinyl siding, reasonably maintained, shall be permitted, Such metal or block materials shall be deemed exposed even though the same is painted completely. All materials used in the exterior construction of a dwelling shall be new building materials. The DECLARANT shall have the right to approve the building plans for any residences constructed on the subdivision lots prior to construction. For the purposes of this covenant, eaves, steps and open porches shall not be considered as part of a building, provided; however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot, Section 4. OUTBUILDINGS. No outbuildings or storage building shall be erected, placed or allowed to remain on any lot except those which are incidental to residential use, a minimum of 10' x 10' not to exceed 16' x 20' in size, and are constructed of the same or substantially the same identical materials as the residential dwelling on the lot. Said outbuilding must be architecturally compatible with the residential dwelling on the lot and located no closer to the front boundary line of the lot than the rear wall of the single-family residence located on the lot and no closer to any side boundary line of a lot than the applicable building setback requirements, and which has otherwise been approved by the DECLARANT, Section 5. LOTUSES. No lot shall be used except for single family residential purposes. No lot shall be used for business, manufacturing or commercial purposes. No retail or wholesale businesses shall be permitted, which shall include, but not limited to, antique shops, gift shops, craft shops, beauty shops or auto repair shops. Section 6. NUISANCES OR OFFENSIVE ACTIVITY. No noxious, offensive or environmentally unsound activity, conditions of trade shall be carried on or permitted upon the property, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 'There shall not be maintained any plants or animals, or device or thing of any sort whose normal activity or existence is in any way noxious, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the enjoyment of other property in the neighborhood by the Owners thereof, except as otherwise specifically permitted herein. Section 7. FENCES AND WALLS. No fence or wall shall be erected on any lot nearer to the street than the rear corners of the dwelling house. No chain link fence shall be erected without a wood or vinyl fence installed in front to act as a screen from the public street. No fence, wall or hedge higher than five (5) feet shall be erected or maintained on any lot. All fences or walls on lots shall be professionally installed and maintained at all times in a structurally sound and attractive manner and in good state or repair. Section 8. PETS, Dogs, cats and other household pets shall be permitted on all lots, provided (1) not more than five (5) pets can be kept and maintained upon any lot, and (2) said pets must be kept properly supervised and under control so as to not cause or create a nuisance or menace to others, and (3) said pets must be kept on the lot of their owner and must not be allowed to go upon the property of others or to run free and unrestricted upon the streets of the subdivision property. No livestock or poultry of any kind shall be raised, bred or kept on any lot. Section 9. DRIVEWAYS. Any driveway constructed on any lot shall be paved by asphalt or concrete (cement). Dirt, crush and run and gravel driveways are prohibited. Section 10. SIGNS. No commercial advertising or display signs shall be permitted on any lot, except that the DECLARANT, or its agents, may erect such temporary advertising and display signs as may be reasonably required for development and marketing. This restriction is not meant to restrict the placement of "for sale" or "for rent" signs upon any lot. Section11. TEMPORARY STRUCTURES. No structure of a temporary nature, trailer, camper, van, basement, tent, shack, garage, barn or other outbuilding shall be erected, placed, used or permitted on the property for residential purposes. Section 12. LOT APPEARANCE AND MAINTENANCE. The Buyer or Purchaser of each lot shall keep the lot mowed regularly, including the area from the lot line to the edge of the paved street. The Buyer shall clear any unsightly objects from the lot In the event the Buyer or Purchaser of any lot breaches this restriction, the DECLARANT and Home Owners Association (FICA) reserves the right to enter upon the said lot and mow the grass, clean up the lot, remove unsightly structures and objects and the cost of such work shall become a lien upon said lot, and the Buyer or Purchaser of said lot shall be liable for a payment of said costs to the DECLARANT or HOA as warranted. Where a lot borders on or contains ditches, ponds or streams, the Buyer or Purchaser of such lot shall keep that area, including the slopes, down to the edge of the water, mowed and maintained regularly. Washouts or erosions on the lots shall be promptly and properly tended to by each respective lot Buyer or Purchaser. Section 13. VEHICLEREPAIR. Any major mechanical or repair work performed on any motor vehicle or pleasure boat shall be done in an enclosed garage or carport and shall not be visible from the street. Section 14. JUNKVEHICLES. Nojunked,stripped, abandoned ornon-operational motor vehicle shall be kept upon any lot or within the confines of the planned unit development. Section 15. RECREATIONAL VEHICLES. All boats, travel or utility trailers and recreation vehicles shall be stored and placed in a garage or in the rear of the primary dwelling house. Section16. CLOTHESLINESAND PLAYGROUND EQUIPMENT. All clotheslines and playground equipment, including but not limited to, swings, swing sets, merry-go-rounds, play pens, sand boxes, toys, etc., shall be located to rear of the primary dwelling house. Section 17. COMMUNICATION/SATELLITE DISHES. Communication/satellitedishes shall be positioned in the rear of the primary dwelling house, so that they are not visible from a public street. If they are visible from a public street, they must be screened by fencing and/or shrubs so that they cannot be seen from the public street. Section 18. GARBAGE AND REFUSE DISPOSAL. It shall be the responsibility of each lot owner to prevent the development of any unclean, unsightly, unhealthy or unkempt condition of buildings on grounds on the property which shall tend to substantially decrease the beauty or usability of the lot or adjoining lots. All lots shall be kept clean and free of garbage, junk, trash, debris and any substance which might contribute to a health hazard or the breeding and inhabitant of snakes, rats, insects or other pest or vermin. Each lot owner shall provide receptacles for garbage in an area not generally visible from the public street, or provide underground garbage receptacles or similar facilities in accordance with reasonable standards. Said receptacles shall be so tightly sealed as not to permit the emission of any noxious or offensive odors therefrom. No garbage, trash or debris shall be burned on any lot. Section 19. WATER AND SEWER SYSTEM. All water and sewage systems shall be installed and maintained in conformity with the requirements of the City of Dunn and shall be inspected and approved by same. Section 20. UNDERGROUND CABLES, EXPENSES. The DECLARANT reserves the right to subject the real property in this subdivision to a contract with Duke Energy (or other applicable electricity provider) for the installation of underground electric cables and the installation of street lighting, either or both of which may require an initial payment and/or a continuing monthly payment to the electricity provider by each owner/residential customer. Section 21. SIGHT DISTANCES AT INTERSECTIONS. No hedge or shrub planting which obstructs sight lines at more than three (3) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at pointstwenty (20) feet from the intersection of the street lines or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight line limitation shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. Section 22. HOLIDAY DECORATIONS. Any exterior holiday decorations shall be removed within thirty (30) days following the holiday. ARTICLE X GENERAL PROVISIONS Section 1. NOTICE. Any notice required to be sent to an owner under the provisions of this Declaration shall be deemed to have been properly sent and notice hereby given, when mailed, postage prepaid to the last known address of the person who appears as owner upon the Harnett County Tax Record. Section 2, TERMS AND AMENDMENTS. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years, unless instrument is signed whereby these properties shall be released from any of said covenants by a two-thirds (2/3) majority of the then owners of the lots, has been recorded, agreeing to change said covenants in whole or in part. Section 3. ENFORCEMENT. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or recover damages. The DECLARANT, the HOA or any lot owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. If any action to enforce these covenants is brought in a Court of proper jurisdiction then the prevailing party shall be reimbursed reasonable attorney fees incurred in the prosecution or defense of said Court action from the other party as part of thejudgment award of court costs. Section4. SEVERABILITY. Invalidation ofanyone ofthese covenants byjudgmentor court order shall in no way affect any other provisions which shall remain in full force and effect. Section S. LOTS SUBJECT TO DECLARATION, All present and future owners, tenants and occupants of Lots and their guests or invitee, shall be subject to, and shall comply with the provisions of the Declaration, and as the Declaration may be amended from time to time. The acceptance of a deed of conveyance or the entering into of a lease (approved by the Association or Developer) or the entering into occupancy of any lot shall constitute an agreementthat the provisions of the Declaration are accepted and ratified by such owner, tenant or occupant. The covenants and restrictions of this Declaration shall inure to the benefit of and be enforceable by the Association, or the Owner of any lot, their respective legal representatives, heirs, successors and assigns; and shall run with and bind the land and shall bind any person having at any time any interest or estate in any lot as though such provisions were made a part of each and every deed of conveyance or lease. Section 6. AMENDMENT OF DECLARATION. Except as herein provided, the covenants and restrictions of this Declaration may be amended by an instrument signed by two-thirds (2/3) of each class of members (which votes may be cast in person or by proxy) duly recorded in the Harnett County Register of Deeds. DECLARANT's power to amend this Declaration as provided in Section 5 of this Article shall not require the consent of the Class A members and shall be valid when signed by the DECLARANT and recorded in the Harnett County Register of Deeds. Section7. AMENDMENT BY THE DECLARANT. The following amendments may be effected by the DECLARANT, or the Board, as the case may be, without consent of the members: a. Prior to the sale of the first lot, this Declaration may be amended by the DECLARANT. 11 b. The DECLARANT or the Board may amend this Declaration to correct any obvious error or inconsistency in drafting, typing or reproduction. C. The DECLARANT, so long as it shall retain control ofthe Association, shall have the right to amend this Declaration to conform to the requirements of any law or governmental agency having legal jurisdiction over the Property, or to qualify the property or any lots and improvements thereon for mortgage or improvement loans made, insured or guaranteed by a governmental agency, or to comply with the requirements of law or regulations or any corporation or agency belonging to, sponsored by, or under the substantial control of the United States Government or b State of North Carolina regarding purchase or sale of such lots and improvements, or mortgage interests therein, as well as any other law or regulation relating to the control of property, including, without limitation, ecological controls, construction standards, aesthetics, and matters affecting the public health, safety and general welfare. A letter from an official of any such corporation or agency, including, without limitation, the Veterans Administration, U.S. Department of Housing and Urban Development, the Federal Home Loan Mortgage Corporation, Government National Mortgage Corporation, or the Federal National Mortgage Association, requesting or suggesting an amendment necessary to comply with the requirements of such corporation or agency shall be sufficient evidence of the approval of such corporation or agency, provided that the changes made substantially conform to such request or suggestion. d. The DECLARANT, for so long as it shall retain control of the Association, and thereafter, the Board of Directors may amend this Declaration as shall be necessary, in its opinion, and without the consent of any owner, to qualify the Association or the Property, or any portion thereof, for tax-exempt status: e. The DECLARANT, for so long as it has control of the Board, may amend this Declaration to include any platting change of the Property as permitted herein. IN WITNESS WHEREOF, DECLARANT has caused this instrument to be executed by its Manager, the day and year first above written, RP WELLONS LAND & DEVELOPMENT, LLC By: Robert P. Wellons, Manager 11 NORTH CAROLINA HARNETT COUNTY 1, a Notary Public, do hereby certify that Robert P. Wellons, Manager of RP WELLONS LAND & DEVELOPMENT, LLC, a limited liability company personally came before me this day and acknowledged the execution of the foregoing instrument on behalf of the company Witness by hand and official seal this. day of April, 2017, My commission Notary Public 12 STAFF REPORT To: Planning Board Date: April 28, 2017 Case: CU-01-17 Prepared By: Samantha L. Wullenwaber, Planning Director GENERAL INFORMATION Applicant: RP Wellons Land & Development, LLC PO BOX 730 Dunn, NC 28335 Property Owner: RP Wellons Land & Development, LLC PO BOX 730 Dunn, NC 28335 Location:" Located in the 1700-1800 block of Friendly Ri Requested Action:: Conditional Use Permit to approve a I Middleton Townes Subdivision Tax PIN: PIN # 1517-24-6607.000 Existing Zoning: R-7; Single Family Dwelling District Existing Land Use: Vacant/Agricultural Size: 9 +/- acres Building Square Footage: NA Parking Spaces Required: 2 per dwelling unit. 36 units x 2= 72 parking spaces Parking Provided: 72 Surrounding Land Use and Zoning: N- R-20; Single Family Dwelling District. Residential & Agricultural S- R-10; Single Family Dwelling District. Residential E- R-20; Single Family Dwelling District. Residential & Agricultural W- R-20; Single Family Dwelling District. Agricultural CU-01-17 Page 2 Applicable Regulations: The Zoning Ordinance Section 22; Article III Division 4, R-7; Single Family Dwelling District and Article IX, Conditional Uses, Division 3, Planned Developments. SPECIAL INFORMATION Land Use Plan: The City of Dunn Land Use Plan identifies this area as residential on the future land use map. This property is located in area one of the Land Use Plan. Public Utilities: The property does not currently have water and sewer service but it is available. Public Services: The property is not within the Dunn City Limits. Annexation into the city limits will be required prior to construction. Transportation: The property currently does not have access onto Friendly Road. The proposed entrance would be onto Friendly Road. ANALYSIS The conditional use request is for a planned residential development. The applicant proposes a residential subdivision with 36 dwelling units in 18 buildings on 9+/- acres. The planned residential development proposal contains the following: a Total Lots: 38 (36 for dwelling units, 2 for open space) • Rolled curb and gutter street • All infrastructure installed • Average lot size:.15 acres o Lot sizes range from 5,404sgft to 10,198sgft s Average Dwelling Unit Size: 1,300sgft, 3 bedroom, 2 bathroom with a single car garage and patio. Units can be no smaller than 1,200sgft per proposed covenants. • Solid Waste: Dumpster corral will be constructed with a blind fence and landscaping to accommodate at least 2 dumpsters. ® Declaration of covenants, conditions and restrictions for Middleton Townes Subdivision. Conditions may be placed upon the application, only if the applicant agrees to them. .V.d `szaaut2u uaou 4l� ='Rlfig'a €sg§4A`s8G„3g PH" xgg{{ex8f"a� < B'�55eE2e6�9 8 e£@Qdotbs�..Y:$ k F I I I I I ( I I I I I I I I I I I I I I I I I I ° I ,muve�sna=Ams \ oa ioalloe tlNl"IOISIAICIGn OO a� >T'�w.�,a\�,e�na,«N.,a No�siA�aans k rvavao mlalaai pm,cspn\v S3NM01 N013700/W 9 y 1N3[Nd073A30 3Sn 03NNV7d m $$ a � o ygb £ e I pn I P^Y 1 i N s$ = a a LLI II © Is Z; ~ � l(� x 'A \� I_ X4Y444Y444YYXX4X4XYY4XXYXXYYYX4Y4XXY --aN�ea-e e2vae vaa-aaae e..aaaeaa a U v_ �' Q a Fpdpgpbbdbddb?bgYgFMFdbFgbbqqqbqpqbb i" Z as Z� (n� �1 11c �@3F�_aafi�Eerrn �s�NsYYass§.°� ¢ � p nm.._ '^-PNn N�`.P SWRn #'A xbAFF Z Q C N n �eaos�o'so o°$&oeosoos°e'ao m06B a 6mppild-%illfltr5NOT3A\9[SIW Id..........SOW �(oitl\X , I Y ^® .-9 Proposed Use: Planned Residential Development SUBJECT TITLE: Town of Benson Water Purchase Contract Presenter: Attachment: X Yes No Description: Proposed Contract and Current Contract Public Hearing Advertisement Date: PURPOSE: To enter into a new ten (10) year water purchase contract with the Town of Benson. BACKGROUND: On January 18, 2011 the Town of Benson entered into a ten (10) year contract agreement to purchase water from the City of Dunn. The new revised contract includes new GPD limit changes as requested by the state. Contract Comparison: Existing Contract New Contract Term 10 yrs. 10 yrs. Monthly Maximum Daily Avg. 950,000 GPD 1.2 MGD Daily Maximum 1.25 MGD 1.5 MGD Substantial Volume Change Provision YES YES Minimum Monthly Usage 400,000 GPD 400,000 GPD Benson's average daily water usage since the replacement of the meter in April has been 730,320 GPD. BUDGET IMPACT: None RECOMMENDATIONIACTION REQUESTED: Resolution to adopt the revised ten (10) year water purchase contract agreement between the City of Dunn and the Town of Benson. NORTH CAROLINA CONTRACT BETWEEN THE CITY OF DUNN HARNETT COUNTY AND THE TOWNOF BENSON, THIS CONTRACT, for the sale and purchase of water, is entered into this the 1st day of July 2017, by and between the CITY OF DUNN, NORTH CAROLINA party of the first part, hereinafter, referred to as DUNN (seller), and the TOWN OF BENSON, NORTH CAROLINA party of the second part, hereinafter referred to as BENSON (purchaser). WITNESSETH WHEREAS, BENSON is organized and established under the provisions of Chapter 160A of the North Carolina General Statutes, and BENSON owns and operates a water distribution system providing water supply to system users within and adjacent to the Corporate Limits of the Town of BENSON and has need for a long term supply of treated water. WHEREAS, DUNN is organized and established under the provisions of Chapter 160A of the North Carolina General Statutes, and DUNN owns and operates a water supply and distribution system with a capacity currently capable of serving the present customers of the DUNN system and has excess capacity capable of meeting the long term needs of BENSON. NOW, THEREFORE, in consideration of the foregoing and the mutual agreements herein set forth, the parties hereby agree as follows: 1. DUNN Agrees: a. Quantity and Quality: To furnish BENSON at the existing point of delivery during the term of this contract or any renewal or extension thereof, potable treated water meeting applicable purity standards established under the North Carolina Drinking Water Act, G.S. 130A-311 et. sea. and the rules promulgated thereunder governing Public Water Systems in 15A NCAC Chapter 18C. DUNN agrees to furnish such quantities as may be required by BENSON not to 1 exceed a monthly average of 1,200,000 gallons per day and/or a daily maximum of 1,500,000 gallons. In the event the daily flow exceeds the maximum daily flow contracted, due to excessive use, a break in BENSON'S water system, or other emergency, BENSON is obligated to immediately contact DUNN'S utility personnel and inform them the maximum daily amount will be exceeded. Each of the parties hereto shall immediately notify the other of an emergency or condition which may affect the quality of water in either party's system. BENSON further agrees that their minimum quarterly usage shall not be less than 36 million gallons, or approximately 400,000 gallons per day. To determine quarterly usage, a quarterly running average shall be calculated using a running three billing cycle period; total usage during each period shall be equal to or greater than 36 million gallons. Usage calculations shall be tallied using Dunn's monthly water billing cycle, which occurs on or near the 15tn (fifteenth) day of each month. Should the quarterly running average fall below the established minimum level, an additional billing equal to the established minimum level less the quarterly running average would be in order. b. Point of Delivery and Pressure: That water will be furnished at a reasonably constant pressure calculated at approximately 55 PSI from the existing 16" supply main on Highway 301 south of BENSON at an existing meter vault. If a greater pressure than that normally available at the point of delivery is required by BENSON, the cost of providing such greater pressure shall be born by BENSON; emergency failures of pressure or supply due to main supply line breaks, power failure, flood, fire, and use of water to fight fire, earthquake, or other catastrophe, shall excuse DUNN from this provision for such reasonable period of time as may be necessary to restore service. c. Metering Equipment: The existing metering system owned and maintained by DUNN shall remain in use and shall remain the property of DUNN. It shall be the responsibility of DUNN to calibrate the metering equipment whenever requested by BENSON, but no more frequently than once every twelve months; a meter registering not more than 2% above or below the test results shall be deemed to be accurate. The previous readings of any meter disclosed by test to be inaccurate shall be corrected for the three (3) months previous to such test in accordance with the percentage of inaccuracy found by such test. If any meter 2 fails to register for any period of time, the amount of water furnished for such periods shall be deemed to be the amount of water delivered in the corresponding period immediately prior to the failure, unless DUNN and BENSON shall agree upon a different amount. The metering equipment shall be read monthly by DUNN according to DUNN'S prevailing meter reading schedule. An official of BENSON shall have access to the meter for the purpose of verifying its reading at any reasonable time, upon request. d. Billing Procedure: Furnish BENSON, not later than the 10th day of each month, with an itemized statement of the amount of water furnished BENSON during the preceding month. 2. BENSON Agrees: Rates and Payment Date: To pay DUNN not later than the past due date posted on the statement for water furnished, which said past due date shall be at least 10 days, but not more than 20 days after the date of statement for water delivered in accordance with the lowest prevailing municipal wholesale water rate. Water rates charged by DUNN to BENSON shall be no greater than the prevailing lowest municipal wholesale rate charged by DUNN to its customers. 3. It is further mutually agreed between DUNN and BENSON as follows: a. Terms of Contract: That this contract shall extend for a term of 10 years from the date of its execution and therefore may be renewed or extended upon such terms as may be agreed upon by DUNN and BENSON. b. Failure to Deliver: DUNN, at all times, shall operate and maintain its system in an efficient manner and will take such action as may be necessary to furnish BENSON with quantities of water required by BENSON as stated in this contract. Any failures to deliver water shall be remedied with all possible dispatch. In the event of an extended shortage of water or the supply of water available to DUNN is otherwise diminished over an extended period of time, 3 the supply of water to BENSON shall be reduced or diminished in the same ratio or proportion as the supply to DUNN'S consumers is reduced or diminished. c. Modification of Contract: That requests to modify the provisions of this contract pertaining to the volume of water to be furnished to BENSON may be made by BENSON by written notice to DUNN given at least sixty (60) days prior to the desired effective date of said modifications; that notwithstanding any other provision of this contract, the provisions hereof pertaining to the schedule of rates to be paid to DUNN for water delivery are subject to modification at the end of every fiscal year -period, generally coinciding with annual budget preparation and may be modified by DUNN by written notice to BENSON given at least 60 days prior to the desired effective date of said modification. Further, it is mutually agreed and understood by DUNN and BENSON that due to the 10 year duration of this agreement, the passage of time will likely require modification hereof, Therefore, unless otherwise provided, requests by either party for modifications of this agreement shall be submitted in written form to the other party at least sixty (60) days prior to the desired effective date of the requested modification provided that no such modification shall be permitted except upon the expressed mutual consent of both parties. d. Substantial Volume Change: In the event that a substantial purchase volume change occurs (either increase or decrease), both parties agree to immediately amend the terms of this Contract. Daily, monthly, and quarterly purchase limits (average, minimum, or maximum) shall be adjusted with the mutual agreement of both parties. e. Regulatory Agencies: That this contract is subject to such rules, regulations, or laws as may be applicable in similar agreements in this State, and DUNN and BENSON will collaborate in obtaining such permits, certificates, or the like as may be required to comply therewith. f. Authority to Amend, Modify, or Alter: No officer or agent of DUNN or BENSON, other than the DUNN City Council or BENSON Town Board, shall have the power to amend, modify, or W alter this agreement, or in any way waive any condition or to bind DUNN or BENSON to make any promise or representation not contained herein. g. Responsibility for Quality: It is distinctly understood and agreed by both parties hereto that DUNN'S obligation as to the bacteriological quality of water furnished only applies to the point of delivery. BENSON shall be solely responsible for the bacteriological quality of water beyond the point of delivery. h. Emergency Situations: Not withstanding any other provision of this contract, in the event of an emergency situation created by unexpected events beyond the control of either party, the City Manager or his designee on behalf of DUNN, and the Town Manager or his designee on behalf of BENSON, may agree to a modification or alternation of the terms of this contract in order to address the emergency situation. Any such modifications or change shall continue in effect as long as the emergency continues to exist or the governing Board of either party directs its discontinuance, whichever occurs earlier. I. Address for Notice: Whenever notice or information is to be furnished by DUNN to BENSON, it shall be personally delivered or mailed to the Town Manager at the Town Office Complex, 303 East Church Street, Benson, NC 27504. Whenever notice or information is to be furnished by BENSON to DUNN, it shall be personally delivered or mailed to the City Manager at the Dunn City Hall or PO Box 1065, Dunn, NC 28335-1065. THEREFORE, the parties hereunto have set their hands and seals the said day and year first written above. CITY OF DUNN, NC By: (SEAL) Date: Oscar N. Harris, Mayor Attest: (SEAL) Date: Jennifer Fortin, City Clerk TOWN OF BENSON, NC (SEAL) Date: William W. Massengill,Jr., Mayor Attest: (SEAL) Date: Terry Hobgood, Town Clerk Attachment #7 1-18-11 WATER PURCHASE CONTRACT HARNETT COUNTY AND THE TOWN OF BENSON, NC THIS CONTRACT, for the sale and purchase of water, is entered into this the 18th day of January, 2011 , by and between the CITY OF DUNN, NORTH CAROLINA party of the first part, hereinafter, referred to as DUNN (seller), and the TOWN OF BENSON, NORTH CAROLINA party of the second part, hereinafter referred to as BENSON (purchaser). WITNESSETH WHEREAS, BENSON is organized and established under the provisions of Chapter 160A of the North Carolina General Statutes, and BENSON owns and operates a water distribution system providing water supply to system users within and adjacent to the Corporate Limits of the Town of BENSON and has need for a long term supply of treated water. WHEREAS, DUNN is organized and established under the provisions of Chapter 160A of the North Carolina General Statutes, and DUNN owns and operates a water supply and distribution system with a capacity currently capable of serving the present customers of the DUNN system and has excess capacity capable of meeting the long term needs of BENSON. NOW, THEREFORE, in consideration of the foregoing and the mutual agreements herein set forth, the parties hereby agree as follows: 1. DUNN Agrees: a. Quantity and Quality: To furnish BENSON at the existing point of delivery during the term of this contract or any renewal or extension thereof, potable treated water meeting applicable purity standards established under the North Carolina Drinking Water Act, G.S. 130A-311 et. seq. and the rules promulgated thereunder governing Public Water Systems in 15A NCAC Chapter 18C. DUNN agrees to furnish such quantities as may be required by BENSON not to 1 exceed a monthly average of 950,000 gallons per day and/or a daily maximum of 1,250,000 gallons. In the event the daily flow exceeds the maximum daily flow contracted, due to excessive use, a break in BENSON'S water system, or other emergency, BENSON is obligated to immediately contact DUNN'S utility personnel and inform them the maximum daily amount will be exceeded. Each of the parties hereto shall immediately notify the other of an emergency or condition which may affect the quality of water in either party's system. BENSON further agrees that their minimum quarterly usage shall not be less than 36 million gallons, or approximately 400,000 gallons per day. To determine quarterly usage, a quarterly running average shall be calculated using a running three billing cycle period; total usage during each period shall be equal to or greater than 36 million gallons. Usage calculations shall be tallied using Dunn's monthly water billing cycle, which occurs on or near the 15`h (fifteenth) day of each month. Should the quarterly running average fall below the established minimum level, an additional billing equal to the established minimum level less the quarterly running average would be in order. b. Point of Delivery and Pressure• That water will be furnished at a reasonably constant pressure calculated at approximately 55 PSI from the existing 16" supply main on Highway 301 south of BENSON at an existing meter vault. If a greater pressure than that normally available at the point of delivery is required by BENSON, the cost of providing such greater pressure shall be born by BENSON; emergency failures of pressure or supply due to main supply line breaks, power failure, flood, fire, and use of water to fight fire, earthquake, or other catastrophe, shall excuse DUNN from this provision for such reasonable period of time as may be necessary to restore service. c. Metering Equipment: The existing metering system owned and maintained by DUNN shall remain in use and shall remain the property of DUNN. it shall be the responsibility of DUNN to calibrate the metering equipment whenever requested by BENSON, but no more frequently than once every twelve months; a meter registering not more than 2% above or below the test results shall be deemed to be accurate. The previous readings of any meter disclosed by test to be inaccurate shall be corrected for the three (3) months previous to such test in accordance with the percentage of inaccuracy found by such test. If any meter V fails to register for any period of time, the amount of water furnished for such periods shall be deemed to be the amount of water delivered in the corresponding period immediately prior to the failure, unless DUNN and BENSON shall agree upon a different amount. The metering equipment shall be read monthly by DUNN according to DUNN'S prevailing meter reading schedule. An official of BENSON shall have access to the meter for the purpose of verifying its reading at any reasonable time, upon request. d. Billing Procedure: Furnish BENSON, not later than the 10`h day of each month, with an itemized statement of the amount of water furnished BENSON during the preceding month. 2. BENSON Agrees: Rates and Payment Date: To pay DUNN not later than the past due date posted on the statement for water furnished, which said past due date shall be at least 10 days, but not more than 20 days after the date of statement for water delivered in accordance with the lowest prevailing municipal wholesale water rate. Water rates charged by DUNN to BENSON shall be no greater than the prevailing lowest municipal wholesale rate charged by DUNN to its customers. 3. It is further mutually agreed between DUNN and BENSON as follows• a. Terms of Contract: That this contract shall extend for a term of 10 years from the date of its execution and therefore may be renewed or extended upon such terms as may be agreed upon by DUNN and BENSON, b. Failure to Deliver: DUNN, at all times, shall operate and maintain its system in an efficient manner and will take such action as may be necessary to furnish BENSON with quantities of water required by BENSON as stated in this contract. Any failures to deliver water shall be remedied with all possible dispatch. In the event of an extended shortage of water or the supply of water available to DUNN is otherwise diminished over an extended period of time, 3 the supply of water to BENSON shall be reduced or diminished in the same ratio or proportion as the supply to DUNN'S consumers is reduced or diminished. c. Modification of Contract: That requests to modify the provisions of this contract pertaining to the volume of water to be furnished to BENSON may be made by BENSON by written notice to DUNN given at least sixty (60) days prior to the desired effective date of said modifications; that notwithstanding any other provision of this contract, the provisions hereof pertaining to the schedule of rates to be paid to DUNN for water delivery are subject to modification at the end of every fiscal year -period, generally coinciding with annual budget preparation and may be modified by DUNN by written notice to BENSON given at least 60 days prior to the desired effective date of said modification. Further, it is mutually agreed and understood by DUNN and BENSON that due to the 10 year duration of this agreement, the passage of time will likely require modification hereof. Therefore, unless otherwise provided, requests by either party for modifications of this agreement shall be submitted in written form to the other party at least sixty (60) days prior to the desired effective date of the requested modification provided that no such modification shall be permitted except upon the expressed mutual consent of both parties. d. Substantial Volume Change: In the event that a substantial purchase volume change occurs (either increase or decrease), both parties agree to immediately amend the terms of this Contract. Daily, monthly, and quarterly purchase limits (average, minimum, or maximum) shall be adjusted with the mutual agreement of both parties. e. Regulatory Agencies: That this contract is subject to such rules, regulations, or laws as may be applicable in similar agreements in this State, and DUNN and BENSON will collaborate in obtaining such permits, certificates, or the like as may be required to comply therewith. f. Authority to Amend, Modify, or Alter: No officer or agent of DUNN or BENSON, other than the DUNN City Council or BENSON Town Board, shall have the power to amend, modify, or 4 alter this agreement, or in any way waive any condition or to bind DUNN or BENSON to make any promise or representation not contained herein. g. Responsibility for Quality: It is distinctly understood and agreed by both parties hereto that DUNN'S obligation as to the bacteriological quality of water furnished only applies to the point of delivery. BENSON shall be solely responsible for the bacteriological quality of water beyond the point of delivery. h. Emergency Situations: Not withstanding any other provision of this contract, in the event of an emergency situation created by unexpected events beyond the control of either party, the City Manager or his designee on behalf of DUNN, and the Town Manager or his designee on behalf of BENSON, may agree to a modification or alternation of the terms of this contract in order to address the emergency situation. Any such modifications or change shall continue in effect as long as the emergency continues to exist or the governing Board of either party directs its discontinuance, whichever occurs earlier. i. Address for Notice: Whenever notice or information is to be furnished by DUNN to BENSON, it shall be personally delivered or mailed to the Town Manager at the Town Office Complex, 303 East Church Street, Benson, NC 27504. Whenever notice or information is to be furnished by BENSON to DUNN, it shall be personally delivered or mailed to the City Manager at the Dunn City Hall or PO Box 1065, Dunn, NC 28335-1065. THEREFORE, the parties hereunto have set their hands and seals the said day and year first written above. CITY OF DUNN, NC 1 Ty OFF', /" �• "c�/ G By'OscarN. Harris Mayor JGORPOAq Attest: N!j&�1A. �L).,,,., Debra G. West, City Clerk h OARO\-� ` 5 Date: ' " Ig- d ®// Date: I-18- do// v By:. AL//V/ �,/o11 (SEAL) Date:/ Yvlayor Attest: IW. ota (SEAL) Date: Town Clerk W 1*3 `. City Council Agenda Form Meeting aMay SUBJECT TITLE: Audit Contract FN 2016-2017 Presenter: Mark Step Department: Finance Attachment: X Yes No Description: Audit Contract Public Hearinq Advertisement Date: UT004 Attached for your consideration, please find the proposed FN 2016-2017 Audit Contract from Petway Mills & Pearson, PA. The proposed audit price is $21,300. No change in price from previous year. BACKGROUND: BUDGETIMPACT: $21,300 for FN 2016-2017 RECOMMENDATION/ACTION REQUESTED: Approve the audit contract with Petway Mills & Pearson, PA to conduct the FN 2016-2017 Audit for the City of Dunn. PLEASE PROVIDE: Sixteen (16) copies of all pertinent attachments with the Agenda Clerk no later than noon in accordance with the schedule that you have been given. March 15, 2017 Members of the City Council PETWAY City of Dunn, North Carolina MILLS & We are pleased to confirm our understanding of the services we are to provide the City of PEARSON PA Dunn for the year ended June 30, 2017. We will audit the financial statements of the governmental activities, the business -type activities, the discretely presented component unit, CERTIFIED PUBLrcnccoUNRtAT each major fund, and the aggregate remaining fund information, including the related notes to the financial statements, which collectively comprise the basic financial statements, of the City C. Briggs Petway, Jr. of Dunn as of and for the year ended June 30, 2017. Accounting standards generally accepted Phyllis M. Pearson in the United States of America provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to supplement the City of Dunn's basic financial statements. Such information, although not a part of the basic financial zebulon office statements, is required by the Governmental Accounting Standards Board who considers it to P.G. Box 1036 be an essential part of financial reporting for placing the basic financial statements in an 806 N. ZebuNome 27l 97 appropriate operational, economic, or historical context. As part of our engagement, we will 919.269.7405 597 apply certain limited procedures to the City of Dunn's RSI in accordance with auditing 919.269.8728 standards generally accepted in the United States of America. These limited procedures will 919.269.8728 Fax 9 Y P consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic www,pmpcpa.com financial statements. We will not express an opinion or -pro, d.e any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1) Management's Discussion and Analysis. We have also been engaged to report on supplementary information other than RSI that accompanies the City of Dunn's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themc�=lve , and other additional Memberships: procedures in accordance with auditing standards generally accepted in the United States of America, and we will provide an opinion on it in relation to the financial statements as a whole, North Carolina in a report combined with our auditor's report on the financial str,-;ments, Association of Certified Public 1) Schedule of expenditures of federal and State awards. Accountants 2) Combining individual fund financial statements 3) Budget to actual schedules, including capital projects American Institute 4) Property tax schedules of Certified Public Accountants The following other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and our auditor's Medical Group report will not provide an opinion or any assurance on that other information. Management 1) Statistical schedules Association 2) Transmittal letter and related documents Audit Objectives The objective of our audit is the expression of opinions as to whether your financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. The objective also includes reporting on— • Internal control related to the financial statements and compliance with the provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards. • Internal control related to major programs and an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts or grant agreements that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and OMB Uniform Guidance, Audits of States, Local Governments, and Non -Profit Organizations. The Government Auditing Standards report on internal control over financial reporting and on compliance and other matters will include a paragraph that states (1) that the purpose of the report is solely to describe the scope of testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance, and (2) that the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. The OMB Uniform Guidance report on internal control over compliance will include a paragraph that states that the purpose of the report on internal control over compliance is solely to describe the scope of testing of internal control over compliance and the results of that testing based on the requirements of OMB Uniform Guidance. Both reports will state that the report is not suitable for any other purpose. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of OMB Uniform Guidance, and will include tests of accounting records, a determination of major program(s) in accordance with OMB Uniform Guidance, and other procedures we consider necessary to enable us to express such opinions. We will issue written reports upon completion of our Single Audit. Our reports will be addressed to the governing board of the City of Dunn. We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions or add emphasis -of -matter or other -matter paragraphs. If our opinions on the financial statements or the Single Audit compliance opinions are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or issue reports, or may withdraw from this engagement. Management Responsibilities Management is responsible for the financial statements, schedule of expenditures of federal and State awards, and all accompanying information as well as all representations contained therein. Management is also responsible for identifying all federal and State awards received and understanding and complying with the compliance requirements, and for preparation of the schedule of expenditures of federal and State awards (including notes and noncash assistance received) in accordance with the requirements of OMB Uniform Guidance. As part of the audit, we will assist with preparation of your financial statements, schedule of expenditures of federal and State awards, and related notes. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. You agree to assume all management responsibilities relating to the financial statements, schedule of expenditures of federal and State awards, related notes, and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements, schedule of expenditures of federal and State awards, and related notes and that you have reviewed and approved the financial statements, schedule of expenditures of federal and State awards, and related notes prior to their issuance and have accepted responsibility for them. Further, you agree to oversee the nonaudit services by designating an individual, preferably from senior management, who possesses suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them. Management is responsible for (a) establishing and maintaining effective internal controls, including internal controls over compliance, and for evaluating and monitoring ongoing activities, to help ensure that appropriate goals and objectives are met; (b) following laws and regulations; (c) ensuring that there is reasonable assurance that government programs are administered in compliance with compliance requirements; and (d) ensuring that management is reliable and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles; for the preparation and fair presentation of the financial statements in conformity with U.S. generally accepted accounting principles; and for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is also responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, (2) additional information that we may request for the purpose of the audit, and (3) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. Your responsibilities also include identifying significant vendor relationships in which the vendor has responsibility for program compliance and for the accuracy and completeness of that information. Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the government complies with applicable laws, regulations, contracts, agreements, and grants. Management is also responsible for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts, and grant agreements, or abuse that we report. Additionally, as required by OMB Uniform Guidance, it is management's responsibility to follow up and take corrective action on reported audit findings and to prepare a summary schedule of prior audit findings and a corrective action plan. The summary schedule of prior audit findings should be available for our review on July 1, 2017. You are responsible for preparation of the schedule of expenditures of federal and State awards (including notes and noncash assistance received) in conformity with OMB Uniform Guidance. You agree to include our report on the schedule of expenditures of federal and State awards in any document that contains and indicates that we have reported on the schedule of expenditures of federal and State awards. You also agree to make the audited financial statements readily available to intended users of the schedule of expenditures of federal and State awards no later than the date the schedule of expenditures of federal and State awards is issued with our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the schedule of expenditures of federal and State awards in accordance with OMB Uniform Guidance; (2) you believe the schedule of expenditures of federal and State awards, including its form and content, is fairly presented in accordance with OMB Uniform Guidance; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the schedule of expenditures of federal and State awards. You are also responsible for the preparation of the other supplementary information, which we have been engaged to report on, in conformity with U.S. generally accepted accounting principles. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the supplementary information in accordance with GAAP; (2) you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous financial audits, attestation engagements, performance audits, or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. Audit Procedures —General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be.examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements or noncompliance may exist and not be detected by us, even though the audit is properly planned and performed in accordance with U.S. generally accepted auditing standards and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or major programs. However, we will inform the appropriate level of management of any material errors, any fraudulent financial reporting, or misappropriation of assets that come to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential, and of any material abuse that comes to our attention. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about your responsibilities for the financial statements; schedule of expenditures of federal and State awards; federal award programs; compliance with laws, regulations, contracts, and grant agreements; and other responsibilities required by generally accepted auditing standards. Audit Procedures —Internal Control Our audit will include obtaining an understanding of the government and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. As required by OMB Uniform Guidance, we will perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to OMB Uniform Guidance. An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards, Government Auditing Standards, and OMB Uniform Guidance. Audit Procedures —Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City of Dunn's compliance with provisions of applicable laws, regulations, contracts, and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. OMB Uniform Guidance requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major programs. Our procedures will consist of tests of transactions and other applicable procedures described in the OMB Uniform Guidance Compliance Supplementfor the types of compliance requirements that could have a direct and material effect on each of the City of Dunn's major programs. The purpose of these procedures will be to express an opinion on the City of Dunn's compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to OMB Uniform Guidance. Engagement Administration, Fees, and Other We may from time to time, and depending on the circumstances, use third -party service providers in serving your account. We may share confidential information about you with these service providers, but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures, and safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third -party service provider. Furthermore, we will remain responsible for the work provided by any such third -party service providers. We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any documents selected by us for testing. At the conclusion of the engagement, we will complete the appropriate sections of the Data Collection Form that summarizes our audit findings. It is management's responsibility to submit the reporting package (including financial statements, schedule of expenditures of federal and State awards, summary schedule of prior audit findings, auditors' reports, and corrective action plan) along with the Data Collection Form to the federal audit clearinghouse. We will coordinate with you the electronic submission and certification. If applicable, we will provide copies of our report for you to include with the reporting package you will submit to pass - through entities. The Data Collection Form and the reporting package must be submitted within the earlier of 30 days after receipt of the auditors' reports or nine months after the end of the audit period, unless a longer period is agreed to in advance by the cognizant or oversight agency for audits. We will provide copies of our reports to the City; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. The audit documentation for this engagement is the property of PETWAY MILLS & PEARSON, PA and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to the Office of the State Auditor or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of PETWAY MILLS & PEARSON, PA personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of seven years after the report release date or for any additional period requested by the Office of the State Auditor. If we are aware that a federal awarding agency, pass -through entity, or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. We expect to begin our audit on approximately June 1, 2017 and to issue our reports no later than October 1, 2017, Phyllis M. Pearson, CPA is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. Our fee for these services will be $21,300. Our invoices for these fees will be rendered at the end of the engagement. In accordance with our firm policies, work may be suspended if your account becomes 90 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur, the additional costs. We appreciate the opportunity to be of service to the City of Dunn and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. PETWAY MILLS & PEARSON. PA RESPONSE: This letter correctly sets forth the understanding of the City of Dunn. By: Title: Date: Denning, Herring, Sessoms & Company, P.A. Certified Public Accountants Clinton, NC 28328 J. ANTHONY SESSOMS, CPA 1905 SUNSET AVENUE BOBBY W, HERRING JR, CPA P.O. BOX 2185 IULIA B. HARRISON, CPA (910) 592-8172 1.600-283.8614 PAULA M, CRUMPLER, CPA FAX (910) 590.2380 %Nry dhscomoanycom System Review Report January 27, 2015 To the Shareholders of Petway Mills & Pearson PA and the Peer Review Committee of the NCACPA We have reviewed the system of quality control for the accounting and auditing practice of Petway Mills & Pearson PA (the firm) in effect for the year ended September 30, 2014. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Certified Public Accountants. As a part of our peer review, we considered reviews by regulatory entities, if applicable, in determining the nature and extent of our procedures, The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects, Our responsibility is to express an opinion on the design of the system of quality control and the firm's compliance therewith based on our review, The nature, objectives, scope, limitations of, and the procedures performed in a System Review are described in the standards at www.aima,org/insuminary. As required by the standards, engagements selected for review included audits of employee benefit plans and engagements performed under the Governnsent Auditing Standards. In our opinion, the system of quality control for the accounting and auditing practice of Petway Mills & Pearson PA in effect for the year ended September 30, 2014, has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of pass, pass with deftciency(tes) or fail. Petway Mills & Pearson PA has received a peer review rating of pass, Denning, Herring, Sessoms & Company, P,A, MEMBERS OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS AND NORTH CAROLINA ASSOCIATION OF CERTIFIED PUBLIC ACCOUNTANTS DHS LGC-205 (Rev. 2017) CONTRACT TO AUDIT ACCOUNTS Of City of Dunn Primary Governmental Unit Discretely Presented Component Unit (DPCU) if applicable On this 15th Auditor: Petway Mills & Pearson, PA Zebulon, NC 27597 and Board of Commissioners and (Discretely Presented Component Unit) day of March , 2017 Auditor Mailing Address: Po Box 1036 Hereinafter referred to as The Auditor (Governing Board(s)) of city of Dunn (Primary Government) hereinafter referred to as the Governmental Unit(s), agree as follows: The Auditor shall audit all statements and disclosures required by generally accepted accounting principles (GAAP) and additional required legal statements and disclosures of all funds and/or divisions of the Governmental Unit (s) for the period beginning July 1 2015 and ending June 30 2017 The non -major combining, and individual fund statements and schedules shall be subjected to the auditing procedures applied in the audit of the basic financial statements and an opinion will be rendered in relation to (as applicable) the governmental activities, the business -type activities, the aggregate DPCUs, each major governmental and enterprise fund, and the aggregate remaining fund information (non -major government and enterprise funds, the internal service fund type, and the fiduciary fund types). 2. At a minimum, the Auditor shall conduct his/her audit and render his/her report in accordance with generally accepted auditing standards. The Auditor shall perform the audit in accordance with Government Auditing Standards if required by the State Single Audit Implementation Act, as codified in G.S. 159-34. If required by OMB Uniform Administration Requirements, Cost Principles, and Audit Requirements for Federal Awards, (Uniform Guidance) and the State Single Audit Implementation Act, the Auditor shall perform a Single Audit. This audit and all associated audit documentation may be subject to review by Federal and State agencies in accordance with Federal and State laws, including the staffs of the Office of State Auditor (OSA) and the Local Government Commission (LGC). If the audit and auditor communication are found in this review to be substandard, the results of the review may be forwarded to the North Carolina State Board of CPA Examiners (NC CPA Board). County and Multi -County Health Departments: The Office of State Auditor will designate certain programs that have eligibility requirements to be considered major programs in accordance with OMB Uniform Guidance for the State of North Carolina. The LGC will notify the auditor and the County and Multi -Health Department of these programs. A County or a Multi -County Health Department may be selected to audit any of these programs as major. 3. If an entity is determined to be a component of another government as defined by the group audit standards - the entity's auditor will make a good faith effort to comply in a timely manner with the requests of the group auditor in accordance with AU-6 §600.41 - §600.42. 4. This contract contemplates an unqualified opinion being rendered. The audit shall include such tests of the accounting records and such other auditing procedures as are considered by the Auditor to be necessary in the circumstances. Any limitations or restrictions in scone which would lead to a qualification should be fully explained in an attachment to this contract. 5. If this audit engagement is subject to the standards for audit as defined in Government Auditing Standards, 2011 revisions, issued by the Comptroller General of the United States, then by accepting this engagement, the Auditor warrants that he has met the requirements for a peer review and continuing education as specified in Government Contract to Audit Accounts (cont.) city of Dunn Primary Governmental Unit Discretely Presented Component Units (DPCU) if applicable Auditing Standards. The Auditor agrees to provide a copy of their most recent peer review report regardless of the date of the prior peer review report to the Governmental Unit and the Secretary of the LGC prior to the execution of the audit contract (See Item 22). If the audit firm received a peer review rating other than pass, the Auditor shall not contract with the Governmental Unit without first contacting the Secretary of the LGC for a peer review analysis that may result in additional contractual requirements. If the audit engagement is not subject to Government Accounting Standards or if financial statements are not prepared in accordance with GAAP and fail to include all disclosures required by GAAP, the Auditor shall provide an explanation as to why in an attachment.. 6. It is agreed that time is of the essence in this contract. All audits are to be performed and the report of audit submitted to the State and Local Government Finance Division (SLGFD) within four months of fiscal year end. Audit report is due on: October 31 eon If it becomes necessary to amend this due date or the audit fee, an amended contract along with a written explanation of the delay must be submitted to the secretary of the LGC for approval. 7. It is agreed that generally accepted auditing standards include a review of the Governmental Unit's systems of internal control and accounting as same relate to accountability of funds and adherence to budget and law requirements applicable thereto; that the Auditor will make a written report, which may or may not be a part of the written report of audit, to the Governing Board setting forth his findings, together with his recommendations for improvement. That written report must include all matters defined as "significant deficiencies and material weaknesses" in AU-C 265 of the AICPA Professional Standards (Clarified). The Auditor shall file a copy of that report with the Secretary of the LGC. 8. All local government and public authority contracts for audit or audit -related work require the approval of the Secretary of the LGC. This includes annual or special audits, agreed upon procedures related to internal controls, bookkeeping or other assistance necessary to prepare the Governmental Unit's records for audit, financial statement preparation, any finance -related investigations, or any other audit -related work in the State of North Carolina. Invoices for services rendered under these contracts shall not be paid by the Governmental Unit until the invoice has been approved by the Secretary of the LGC. (This also includes any progress billings.) [G.S. 159-34 and 115C-447] All invoices for Audit work must be submitted by email in PDF format to the Secretary of the LGC for approval. The invoices must be sent via upload through the current portal address: http://nctreasurer.slgfd.leapfile.net Subject line should read "Invoice —[Unit Name]. The PDF invoice marked `approved' with approval date will be returned by email to the Auditor to present to the Governmental Unit for payment. Approval is not required on contracts and invoices for system improvements and similar services of a non -auditing nature. 9. In consideration of the satisfactory performance of the provisions of this contract, the Primary Governmental Unit shall pay to the Auditor, upon approval by the Secretary of the LGC, the fee, which includes any cost the Auditor may incur from work paper or peer reviews or any other quality assurance program required by third parties (Federal and State grantor and oversight agencies or other organizations) as required under the Federal and State Single Audit Acts. (Note: Fees listed on signature pages.) 10. If the Governmental Unit has outstanding revenue bonds, the Auditor shall include documentation either in the notes to the audited financial statements or as a separate report submitted to the SLGFD along with the audit report, a calculation demonstrating compliance with the revenue bond rate covenant. Additionally, the Auditor should be aware that any other bond compliance statements or additional reports required in the authorizing bond documents need to be submitted to the SLGFD simultaneously with the Governmental Unit's audited financial statements unless otherwise specified in the bond documents. Page 2 of 8 Contract to Audit Accounts (coot.) City of Dunn Primary Governmental Unit Discretely Presented Component Units (DPCU) if applicable 11. After completing the audit, the Auditor shall submit to the Governing Board a written report of audit. This report shall include, but not be limited to, the following information: (a) Management's Discussion and Analysis, (b) the financial statements and notes of the Governmental Unit and all of its component units prepared in accordance with GAAP, (c) supplementary information requested by the client or required for full disclosure under the law, and (d) the Auditor's opinion on the material presented. The Auditor shall furnish the required number of copies of the report of audit to the Governing Board as soon as practical after the close of the accounting period. 12. If the audit firm is required by the NC CPA Board or the Secretary of the LGC to have a pre -issuance review of their audit work, there must be a statement added to the engagement letter specifying the pre -issuance review including a statement that the Governmental Unit will not be billed for the pre -issuance review. The pre -issuance review must be performed prior to the completed audit being submitted to the LGC. The pre -issuance report must accompany the audit report upon submission to the LGC. 13. The Auditor shall electronically submit the report of audit to the LGC as a text -based PDF file when (or prior to) submitting the invoice for services rendered. The report of audit, as filed with the Secretary of the LGC, becomes a matter of public record for inspection, review and copy in the offices of the SLGFD by any interested parties. Any subsequent revisions to these reports must be sent to the Secretary of the LGC. These audited financial statements, excluding the Auditors' opinion, may be used in the preparation of official statements for debt offerings, by municipal bond rating services to fulfill secondary market disclosure requirements of the Securities and Exchange Commission and other lawful purposes of the Governmental Unit without subsequent consent of the Auditor. If it is determined by the LGC that corrections need to be made to the Governmental Unit's financial statements, they should be provided within three days of notification unless another time frame is agreed to by the LGC. If the OSA designates certain programs to be audited as major programs, as discussed in item #2, a turnaround document and a representation letter addressed to the OSA shall be submitted to the LGC. The LGC's process for submitting contracts, audit reports and invoices is subject to change. Auditors should use the submission process in effect at the time of submission. The most current instructions will be found on our website: https://www.netreasurer.com/sig/pages/Audit-Forms-and-Resources. asp 14. Should circumstances disclosed by the audit call for a more detailed investigation by the Auditor than necessary under ordinary circumstances, the Auditor shall inform the Governing Board in writing of the need for such additional investigation and the additional compensation required therefore. Upon approval by the Secretary of the LGC, this contract may be varied or changed to include the increased time and/or compensation as may be agreed upon by the Governing Board and the Auditor 15. If an approved contract needs to be varied or changed for any reason, the change must be made in writing, on theAmended LGC-205 contract form and pre -audited if the change includes a change in audit fee. This amended contract needs to be completed in full, including a written explanation of the change, signed and dated by all original parties to the contract, and then must be submitted through the audit contract portal to the Secretary of the LGC for approval. The portal address to upload your amended contract is http://nctreasurer.slgfd.leapfile.net No change shall be effective unless approved by the Secretary of the LGC, the Governing Board, and the Auditor. 16. A copy of the engagement letter, issued by the Auditor and signed by both the Auditor and the Governmental Unit should be attached to the contract, and by reference here becomes part of the contract. In case of conflict between the terms of the engagement letter and the terms of this contract, the terms of this contract will control. Engagement letter terms that conflict with the contract are deemed to be void unless the conflicting terms of this contract are specifically deleted in Item #25 of this contract. Engagement letters containing indemnification clauses will not be approved by the LGC. Page 3 of 8 Contract to Audit Accounts (cont.) of Dunn Primary Governmental Unit Discretely presented component units if applicable 17. Special provisions should be limited. Please list any special provisions in an attachment. 18. A separate contract should not be made for each division to be audited or report to be submitted. If a DPCU is subject to the audit requirements detailed in the Local Government Budget and Fiscal Control Act and a separate audit report is issued, a separate audit contract is required. If a separate report is not to be issued and the DPCU is included in the primary government audit, the DPCU must be named along with the parent government on this audit contract. Signatures from the DPCU Board chairman and finance officer also must be included on this contract. 19. The contract must be executed, pre -audited, physically signed by all parties including Governmental Unit and Auditor signatures and submitted in PDF format to the Secretary of the LGC. The current portal address to upload your contractual documents is http://nctreasurer.s19fd.leapfile.net Electronic signatures are not accepted at this time. Included with this contract are instructions to submit contracts and invoices for approval as of November 2016. These instructions are subject to change. Please check the NC Treasurer's web site at https://www.netreasurer.com/slg/Pages/Audit-Forms-and-Resources.aspx for the most recent instructions. 20. The contract is not valid until it is approved by the LGC Secretary. The staff of the LGC shall notify the Governmental Unit and Auditor of contract approval by email. The audit should not be started before the contract is aaaroved. 21. There are no other agreements between the parties hereto and no other agreements relative hereto that shall be enforceable unless entered into in accordance with the procedure set out herein and approved by the Secretary of the LGC. 22. E-Verify. Auditor shall comply with the requirements of NCGS Chapter 64 Article 2. Further, if Auditor utilizes any subcontractor(s), Auditor shall require such subcontractor(s) to comply with the requirements of NCGS Chapter 64, Article 2. 23. Contractor hereby certifies that Contractor, and all subcontractors, are not on the Iran Final Divestment List ("List") created by the North Carolina State Treasurer pursuant to N.C.G.S. 147-86.58. Contractor shall not utilize any subcontractor that is identified on the List. 25. All of the above paragraphs are understood and shall apply to this contract, except the following numbered paragraphs shall be deleted: (See Item 16 for clarification). SIGNATURE PAGES FOLLOW Page 4 of 8 Contract to Audit Accounts (coot.) City of Dunn Primary Governmental Unit Discretely Presented Component Units (DPCU) if applicable City of Dunn - FEES Year-end bookkeeping assistance — [For audits subject to Government Auditing Standards, this is limited to bookkeeping services permitted by revised Independence Standards] $p $20,300 Total: $21,300 Preparation of the annual financial Statements $1,000 Prior to submission of the completed audited financial report, applicable compliance reports and amended contract (if required) the Auditor may submit invoices for approval for services rendered, not to exceed 75% of the total of the stated fees above. If the current contracted fee is not fixed in total, invoices for services rendered may be approved for up to 75% of the prior year audit fee. The 75% cap for interim invoice approval for this audit contract is $ 15,975 ** NA if there is to be no interim billing Communication regarding audit contract requests for modification or official approvals will be sent to the email addresses provided in the spaces below. Audit Firm Signature: Petway Mills & Pearson, PA Name of Audit Firm By Phyllis M. Pearson, CPA Authorized Audit f-r re presentative name: Type or print Signature of authori7zed audit firm representative Date March 15, 2017 ppearson@pmpcpa.com Email Address of Audit Firm Governmental Unit Signatures: City of Dunn Name of Primary Government By Mayor / Chairperson: Type or print name and title Signature of Mayor/Chairperson of governing board Date By Chair of Audit Committee - Type or print name Signature of Audit Committee Chairperson Date ** If Governmental Unit has no audit committee, mark this section "N/A" City of Dunn PRE -AUDIT CERTIFICATE: Required by G.S. 159-28 (a) This instrument has been pre -audited in the manner required by The Local Government Budget and Fiscal Control Act or by the School Budget and Fiscal Control Act. Additionally, the following date is the date this audit contract was approved by the governing body. By Primary Governmental Unit Finance Officer: Type or print name Primary Government Finance Officer Signature Date (Pre -audit Certi fate must be dated.) Email Address of Finance Officer Date Primary Government Governing Body Approved Audit Contract - G.S. 159-34(a ) Page 5 of 8 bdtid u. 111yly kU-kmedca6itY `'A a„", kii {une�caCOY City Council agenda Form Meeting Date® May 9, 2017 SUBJECT TITLE: Consideration to Direct City Attorney to Proceed with the Due Diligence Process on — 502 E. Edgerton Street •PIN# 1516.76.7605.000 and 506 E. Edgerton Street — PIN# 1516-76.7652.000 for the purpose of a land donation to the City • Presenter: City Manager Neuschafer Department: Administration Attachment: X Yes No Description: Letter and Map Public Hearing Advertisement Date: PURPOSE: The Council is being asked to direct the City Attorney to do due diligence on 502 E. Edgerton Street - PIN# 1516-76-7605.000 and 506 E. Edgerton Street — PIN# 1516-76-7652.000 owned by Ethel Parker. Ms. Parker has offered to donate these lots free and clear of all claims. BACKGROUND: BUDGETIMPACT: None RECOMMENDATION/ACTION REQUESTED: To direct City Attorney to proceed with the due diligence process for 502 E. Edgerton Street - PIN# 1516-76-7605.000 and 506 E. Edgerton Street — PIN# 1516-76-7652.000 and to return findings to Council at the next regular scheduled Council Meeting. May 5, 2017 Dear Mr. Neuschafer, City Manager I am writing you to express my desire to donate my land on East Edgerton Street in Dunn, North Carolina to the City. ® 502 East Edgerton Street — PIN# 1516-76-7605.000 • 506 East Edgerton Street — PIN# 1516-76-5652.000 Thank you for your consideration in this matter. Sincerely, Ethel Parker Ethel Parker Property: 500 block of E. Edgerton St Harnett County Parcel Report Page 1 of 1 Print this page 1 M`�^HarnettC0U NTY Harnett Legal Description: Harnett COUnfiV GIS strong cools •new growth 1 LOT 502 E EDGERTON ST 60140 02151608410008 Tax Data Last Modified: 1516-76-7605.000 Calculated Land Units I Type: LT so I:0025560 Neighborhood: 00206 fivislon: 2-97 Actual year Built: led Acreage: 0 ac TotalACuidlArea Heated: SgIET I Acreage: 0. 19962877 ac Sale Month and Year: i / 1900 mnt Number: 206081000 Sale Price: $6000 or 1: PARKER ETHEL J Deed Book a Page: M86-0260 at 2: PARKER E Deed Date: or Address : 209 BIZZELL ST NEVdfON GROVE, NC 28366-0000 Plat Book 8 Page: - Instrument Type: VJD erty Address: E EDGERTON ST Vacant or Improved: State, Zip: , NC, Ouallfle iCode: Q ling Count: 0 Transfer or Spilt: aship Coca: 02 Code: I Building Value: $0 Prior Building Value: $0 1 Outbuilding Value : $0 Prior Outbuilding Value : $0 I Land Value : $7500 Prior Land Value : $7500 1 Special Land Value : $0 Prior Special Land Value : $0 Value :$7500 1 Deferred Value : $0 Prior Deferred Value : $0 Assessed Value : $7500 Pdor Assessed Value : $7500 Land Units, Unit Type : 1, LT Prior Land Units: i ac littp://gis.liarnett.orelE911AnU/Parcels/ParcelRenortasux?uin=1516-76-7605.000 5/5/2017 Harnett County Parcel Report Page I of I Print this page Harnett Legal Description: �C00t1YV Harnett Countv GIS strong roots • ae v growth 1 LOT 506 E EDGERTON ST 58X140 02161608410007 Tax Data Last Modified: 1516-76 7652.000 Calculated Land Units / Type: LT ac ):0025559 Neighborhood: 00206 Aviator: 2-97 Actual Year Built: led Acreage: 0 ac TotalAcutalAreaHeated: Sq/Et I Acreage: 0. 1957154 ac Sale Month and Year: 3I1979 wnt Number: 206O81000 Sale Price: $0 er 1: PARKER ETHEL J Deed Book & Page: 0686-0260 er 2: PARKER E Dead Date: or Address : 209 BIZZELL ST NEWTON GROVE, NC 28366-0000 Plat Book & Page: - Instrument Type: WD tarty Address: E EDGERTON ST Vacant or Improved: Stare, Zip: , NC, puallfiedCode: D ling Count: 0 Transfer or Split: nshlp Code: 02 Code: I Building Value: $0 Prior Building Value: $0 I Outbuilding Value : $0 Prior Outbuilding Value : $0 1 Land Value : $7500 Prior Land Value : $7500 1 Special Land Value : $0 Prior Special Land Value : $0 Value :$7500 1 Deferred Value : $0 Prior Deferred Value : $0 Assessed Value : $7500 Prior Assessed Value : $7500 Land Units , Unit Type : 1, LT Prior Land Units: i ac http://Qis.liarnett.org/E911AUh/Parcels/ParcelRepotl.aspa?uin=1516-76-7652,000 5/5/2017 r �W� - M`11 D 0" � 1 N " N"' ** City Council Agenda ,uMeeting Date: May 9, 2017 SUBJECT TITLE: Set Date for Budget Work Session Presenter: Citv Manaqer Neuschafer Attachment: Yes X No ( Description: Set Date for Budget Work Session Public Hearinq Advertisement Date: PURPOSE: The Council is being asked to set a Budget Work Session for Thursday, May 25, 2017. Suggested time to begin the meeting is 2:00 p.m.. Prior to the proposed date, you will receive a preliminary budget to review. BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Motion to set a Special Call Meeting/Budget Work Session date for Thursday, May 25, 2017 beginning at 2:00 p.m. DUNN - NN DUNN a " D All America City ,,,, All -America City City Council Agenda Form Meeting Date: May 9, 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 March 31, 2017 for your review BACKGROUND: BUDGETIMPACT: RECOMMENDATION/ACTION REQUESTED: north carolina LMIUNI city of dune FINANCE DEPARTMENT POST OFFICE BOX 1065 • DUNiN, NORTH CAROLINA 28335 (910) 230-3500 • FAX (910) 230-3590 www.dunn-ncorg MEMORANDUM To: Honorable Mayor, City Council Members From: Mark Stephens, Finance Director Subject: Financial Report Date: May 9, 2017 Mayor Oscar N. Harris Mayor Pro Tem Billy Barfield Council Members Buddy Maness Dr. Gwen McNeill Frank McLean Billy Tart Chuck Turnage City Manager Steven Neuschafer • The City as of March 31, 2017 had $4,274,086 in cash in the General Fund and $2,692,285 in the Water -Sewer Fund. In March of 2016 the City had $4,012,122 in the General Fund and $2,293,993 in the Water and Sewer Fund. • Property tax collections were $3,804,804 or 102.94% of budget. Last year property tax collections through April were $3,562,082 or 100.68% of budget. • Sales Tax Revenue is $1,276,103 or 75.29% of budget. Benchmark for this month is 67.67% of budget. • Utilities Sales Tax is $531,564 or 67.36% of budget. Benchmark for this month is 75.00% of budget. • Building Permit Fees were $70,625 or 108.65% of budget. Benchmark for this month is 75.00% of budget. • Water and Sewer Revenues were $3,447,921 or 76.62% of budget. Benchmark for this month is 75.00% of budget. • Expenditures were 70.16% of budget in the general fund and 64.81 % of budget in the water and sewer fund. The benchmark for this period is 75.00% of budget. DUNN All-Aturin City 19a9*2ui3 DL'NN bcftdt UI �l1 V DtjNN All America C¢p ° °"° All. America ClP 1 � City Council Agenda FormMeeting Date- May 9,2017 1989 * 2013 f 989 * 2013 SUBJECT TITLE: Administrative Reports Presenter: City Manaoer Steven Neuschafer Attachment: X Yes No ( Description: Monthly Reports Attached please find the following Monthly Reports for your review: A. Tax Report April, 2017 B. Planning & Inspections Report March and April, 2017 C. Public Works Report March, 2017 D. Recreation Report April, 2017 E. Library Report March, 2017 F. Police Report April, 2017 BACKGROUND: BUDGETIMPACT: RECOMMENDATION/ACTION REQUESTED: Mayor 71. 01' $ �:I C �i. IP O) 1 17 L� Oscar N. Harris Mayor Pro Tern Billy Barfield 1, L U. D '%,-ANN Council Members c i I; y o 1� d It rill Buddy Maness Dr. Gwen McNeill FINANCE NCE DEPARTMENT Frank McLean POST OFFICE BOX 1065 a EiiJNN, NORTH CAR.OLINA 28335 Billy Tart Chuck Tumage (910) 230-3500 v FAX (910) 230-3590 City Manager wvcva.datnn-ne.org Steven Neuscbafer Current Year Tax Collection through April 30, 2017 Downtown City Taxes Total Ad Valorem Levy $ 3,855,230 $ 34,761 $ 3,889,991 Collections thru April 2017 3,804,804 34,349 3,839,153 Taxes Receivable April 2017 50,426 412 50,838 Percentage Collected 98.69% 98.81% 98.69% ULID� UONN' r �rt.r,{y rlPr March 2017 1 Monthly Development Report Planning & Inspections Department i 102 N. Powell Ave., Dunn, NC 28334 1 phone 910-230-3503 1 fax 910-230-9005 1 www.dunn-nc.or� Junk & Debris Violations Junk Vehicles Removed Overgrowth Misc. Com "Please note the above column indicates C. Garvin code enforcement education stops Permits Issued Permit Fees Collected Inspections Performed Plans Reviewed Demolitions Certificate of Occupancy's Issued 20 36 0' 2 10 6: 0,. 54 $15,245.00 134 2 2 (1 permit, 1 demolished) 17 (15 projects, 2 minimum housing) Development Permits 4 Sign Permits 4 Plats Approved 1 Zoning Enforcement 3 Planning & Zoning Cont'd: The City of Dunn was awarded a Bicycle Helmet Initiative Grant through the NCDOT. We will be given 80 helmets to give to low income children at our bike rodeo at Harnett Primary in May. ITRIO DO-N" ,m<nr �m�: n.rn� sip/Gr C Code Enforcement Map March 2017 "Please note, that these are all NEW code enforcement items. This does not include items that were followed up on, or are at a later stage in enforcement." UNN Planning & Inspections Department ( 102 N. Powell Ave., Dunn, NC 28334 1 phone 910-230-3503 1 fax 910-230-9005 1 www.dunn-nc.org Junk & Debris Violations 11 Junk Vehicles Removed 0 51 Misc. Complaints 2 **Please note the above column Indicates C. Garvin code enforcement education stops Permits Issued 24 Permit Fees Collected $2,410.00 Inspections Performed 85 Plans Reviewed 4 Demolitions (1 permit, 1 demolished) Certificate of Occupancy's 3 projects Issued Development Permits 3 Sign Permits 1 Plats Approved 0 Zoning Enforcement 0 Planning & Zoning Cont'd: • The City of Dunn in partnership with the Downtown Dunn Development Corporation submitted a grant application for the Downtown Associate Community Program through the NC Department of Commerce. Tia INN • We are continuing to work on the informational flyer for the utility bill regarding solid waste. • The board of adjustment approved a variance application for a minimum lot size on HWY 55 E. Code Enforcement Map April 2017 t iff ti v i 1101111(C ! a �` (v Dunn was ib feID N � r (,t p "Please note, that these are all NEW code enforcement items. This does not include items that were followed up on, or are at a later stage in enforcement." D'QNN 1. 104110gnflf'''-.,s 101 E. Cleveland St., Dunn, NC 28334 1 phone 910-892-2948 1 fax 910-892-8871 1 www.dunn-nc.org *Data from Mobile311 work order system (may not include all work performed) Inflow/Infiltration 4 Hydrant Repair 3 Leak Repair 7 " Lift Station/Air Relief Valve 29 Maintenance Sewer Cleaning 35 Manhole Inspection 2 Sewer Construction 5 Sewer Stoppage 10 Water Taps 9 Water Construction 1 Water Meter 4 Repair/Replacement Other - Water 16 Other - Sewer 9 WWTP Equipment Maintenance 32 W WTP Building Maintenance 2 Flushing/Sampling 1 *Data from Mobile311 work order system (may not include all work performed) ELJ--1PU-N'N"' 1- 1 • '-0• 101 E. Cleveland St., Dunn, NC 28334 ; phone 910-892-2948 1 fax 910-892-8871 j www.dunn-nc.org *Data from A.B. Uzzle Water Treatment Plant records and Finance Department billing. Total Million Gallons Treated 60.32 Average Million Gallons Per Day 1.95 Treated Rainfall in Inches 2.3 *Data from NC DEQ DMR documents and Black River Wastewater Treatment Plant records. Staff Update Wastewater Treatment Plant Relief Operator Seth Phillips attended a Grade 2 Biological Wastewater Treatment Operators Certification School sponsored by the North Carolina Rural Water Association. He will be testing for Grade 2 certification in the near future. Public Works Cemetery/Beautification Department welcomes Seasonal Worker Zach Dickens to our team. Public Works Water & Sewer Department welcomes Utility Maintenance Worker Brad Maynor to our team. north carolina Ago �--91111116- Mayor Oscar N, Harris Mayor Pro rem ','IrN Billy Barfield 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 28335 Billy Tart Chuck Turnage (910) 230-3500 • FAX (910) 230-3590 City Manager www.dunn-nc.org Steven Neuschafer Recreation Monthly Report: April 2017 OVERVIEW: • Our Instructional League registration ended on March 31�t. • AA, AAA, Majors & all softball leagues started practices the week on March 27th. • 2017 Spring Sports opening ceremony will be Saturday, April 29th starting at 9:00 a.m. at The Nathan Harris Athletic Complex at Tyler Park for baseball and Clarence Tart Memorial Park starting at 11:00 a.m. for softball. • The next Recreation Advisory Board meeting has been scheduled for May 4, 2017. RENTALS: • Dunn Community Building..........................................................................................................................4 • P. K. Vyas BB&T room rentals.....................................................................................................................0 • Picnic Shelter Rentals....................................................................................................................................7 • Field Rentals.......................................................... --........ ............ ....... .......................................................... 2 YOUTH PROGRAMS: • 2017 Indoor Soccer games ended on March 30th. • 2017 Instructional Leagues start games on May Bib. Their games will be played at Tart Park and on the Miracle League at Tyler Park. • 2017 Summer Camp registrations will begin in May and camp activities will vary as years before. P. K. VYAS CENTER: Memberships NewMemberships.........................................................................................................................................4 RenewedMemberships.. .............................................................................................................................. 14 Membership Growth from March 2017 compared to April 2017..........................................................56% Guest Participation from March 2017 compared to April 2017...........................................................: 43% 1 J ,�� _1.DU'N'N l y March 2017 1 Monthly Library Report Dunn Public Library 1 110 E. Divine St., Dunn, NC 28334 1 phone 910-892-2899 1 fax 910-892-8385 www.dunn-ne.org/library FjffjFfiFjffjjEffjEjjIM Door Count 5,204 FINEEMANKEM Hours Open 226 EIREBEINESEEM New Library Cards', 49 Reference Questions 306 Computer/Technology questions 296 Job/Career Questions 5 Material Location 21 Computer Sessions 968 Print Jobs 986 Pages Printed 2,871 Copier/Printer/Fax Help 75 In March 2017 we conducted the final interview for Susan James's replacement as Library Program Specialist. Renea Pedraza accepted the position and began working on Monday March 271i. Renea will be fully trained by the start of our Build a Better World 2017 children's summer reading program, our main programmatic initiative for the year. We are working to have topical books to read, relevant crafts, and entertaining movies for our participants to enjoy. As always, we, along with the Friends of the Dunn Library, cooperate with Harnett County Public Library to provide professional performances each week during the program. Again, as in past years, Harnett Regional Theatre's youth summer workshop is allowing the library kids to attend the final dress rehearsal of their production Madagascar. April 2017 Monthly Development Report Dunn Police Department ; 401 East Broad St., Dunn, NC 28334 phone 910-230-3503 fax 910-230-9005 www.dunn-nc.o UCR CRIMES Crime Arrest Further Investigation Unfounded/ Prosecution declined Total Number Homicide 0 0 0 0 Rape 0 0 0 0 Robbery 0 1 0 1 Aggravated Assault 0 2 1 3 Burglary Forcible Entry 2 13 0 15 Burglary Non -Forcible Entry 1 1 2 1 4 Larceny from Motor Vehicle 0 11 0 11 Larceny All Other 4 11 2 17 Simple Assault 7 1 1 9 Assigned Cases Closed Recovered Property Drugs Seized Search Warrants Executed Cases 50 75 $ 2,805.00 0 0 CID Narrative: 2017-00508 Investigators beginning with nothing more than a tip to keep an eye out for stolen property in March 2017, have been able to follow leads that lead to the arrest of James Hannah Kelly and Debbie Quick. During the course of the investigation, 52 property items have been returned to victims of Harnett, Sampson, Johnston and Cumberland Counties, among the items returned were numerous items of jewelry belonging to multiple victims deceased relatives, this burglary ring was primarily targeting members of the deceased. The investigation has now been concluded and multiple agencies from the Harnett County Sheriffs Office to the Cumberland County Sheriffs Office have been able to solve Burglaries due to the foundation built by the Criminal Investigation Division of Dunn. 1- AMIDUNN L Narcotics Narrative: The Narcotics Unit executed a Search Warrant on E. Bay Street due to information on the subject at the residence selling Narcotics. During the Search Warrant Marijuana, White Liquor and various Paraphernalia were seized. Sgt. Honeycutt worked a case and charged two students at Dunn Middle School with PWISD Marijuana. Students possessed and sold Marijuana at the Middle School during school hours. The unit is continuing to do Narcotic Buys with Ci's in various locations in town and is currently up to around thirty (30) different targets for our "Round -Up" we are planning to do in the next couple months. Over half of the targets sold heroin to Ci's in the city. Patrol Narrative: Officer Crompton made a motor vehicle stop resulting in the seizure of 14.5 grams of marijuana. D squad also produced two cases of Heroin possession netting two grams of heroin. Eu UNN t.� Officer McLeod and Lt. Barefoot responded to 402 W. Johnson Street reference to a solicitation of a minor call. While on scene officers spoke with the minor and family. Officers were made aware of a similar situation that happened to a minor during spring break. Officers were able to obtain information on a suspect. This case was turned over to CID and later determined to be unfounded. On Friday, April 28, 2017 "A" squad responded to the areas of village square and Westfield subdivision reference to a rash of motor vehicles being broken into. All vehicles were left unlocked and contained various items of property. On May 1, 2017 Chief Halliburton issued a Departmental Directive instructing each squad and division come up with plans of actions to be taken in solving these break-in. On May 15, 2017 Command Staff officers will be required to give a presentation on what their squad or Division did to address this problem. JUVENILE MONTHLY REPORT �.julljjm 1 Detective TOTAL JUVENILE CASES CASES ASSIGNED: 03 03 CASES FILED INACTIVE: 00 00 CASES EXCEPTIONALLY CLEARED: 06 06 CASES CLEARED BY ARREST: 07 07 CASES UNFOUNDED: 00 00 TOTAL CASES CLOSED: 13 SPECIAL OPERATIONS WORKED: 0 COMMUNITY SERVICES/PRESENTATIONS: 0 VALUE OF RECOVERED PROPERTY: $0.00 VALUE OF NARCOTICS/MONIES SEIZED: $0.00 ARRESTS: (ADULT) FELONY: 01 (ADULT) MISDEMEANOR: 02 (JUV) FELONY: 00 (JUV) MISDEMEANOR: 07 TOTAL ARRESTS: FEL: 01 MISID: 09 |ƒ /k f0 2LL t0 ± )f� k �« @ \ 0\j of )a G>,§ƒ z0 /� M-122 !7 A $ ul \ J \ a .� April 1, 2017 ANIMAL CONTROL ACTIVITIES March2017 #CALLS LOGGED: 160 (complaints: 85 Citizen assist: 75) #DOGS PICKED UP: 73 #DOGS LEFT IN POUND: February I 1 #DOGS RETURNED: 07 #DOGS ADOPTED: 32 (31 by rescues) #DOGS ESCAPED: 0 #DOGS PUT TO SLEEP: 23 #DOGS IN POUND: 22 #DOG BITES REPORTED: 0 #DOGS QUARANTINED: 0 #CAT BITES: 0 #CATS QUARANTINED: 0 #CATS PICKED UP: 37 #CATS PUT TO SLEEP: 17 #CATS ADOPTED: 07 #CATS ESCAPED: 0 #CATS RETURNED: 0 #OTHER ANIMAL CALLS: 0 #WARNINGS ISSUED: WRITTEN: 24 CIVIL CITATIONS: 07 VERBAL: 20 MILEAGE: End of Month: 105627 End of Month: 153967 Beginning of Month: 104970 Beginning of Month: 153033 Truck #55 657 Truck #56 934 Respectfully Submitted, Patti Lane Collins, Animal Control Officer DUNN- ...... M � -1 D � U"" t N"' ' ' ' N""' nft City Council Agenda Form Meeting 9,2017 TITLE: City Manager's Report Presenter: City Manager Neuschafer Department: Administration Attachment: Yes X No Description: City Update Public Hearing Advertisement Date: TOPIC: The City Manager will have an update on current City projects and issues. Public Works Director Dean Gaster will also be briefing the Council on current happenings in public works and utilities. north carolina Maym N MayOscor Hanes N Mayor Proremd Billy Barfield (Council Members C l t y O f d u n n Buddy Maness Dr. Gwen McNeill PARKS & RECREATION DEPARTMENT Frank McLean art POST OFFICE BOX 1065 d DUNN, NORTH CAROLINA 28335 Chuck Tu Chuck mage (910) 230-3500 « FAX (910) 230-3590 city Manager www.dtmn-ne.org 05-09-17 Steven Neuschafer Attachment #8 January • Basketball games for boys, girls and instructional league practice began January 3rd -total of 210 participants -increase of 15 participants from the previous year -participated in the Jr. Hornets program • Registration for indoor soccer begin February • Spring sports registration began February 1st • Indoor soccer registration ended on February 15th -total of 115 participants -increase of 5 participants from the previous year -an increase in one full team for each age group every year for the past 3 years • We are taking registrations for our 2017 Spring Sports deadline is March 1401 and March 31st for Instructional League. Winter Sports Awards 2017 Pee Wee Girls # 1(Wesley Johnson) Regular Season Champions 2017 Pee Wee Boys 43 Chris Monk) Regular Season Champs & Tournament Runners U 2017 Pee Wee Boys # 2 Russ Warren Tournament Champions 2017 Midget Boys # 1 William Surles) Regular Season & Tournament Champions 2017 Midget Boys # 5 (Vincent Press] ey)Runners Up Tournament Champions March • 2017 Indoor Soccer games began on March 401 with games will end on March 30th. • Spring registration came to an end on March 31st -330 total participants (same amount as previous year) • Held 211d Public Forum on March 20th in the Dunn Community Building. • Indoor Soccer games ended on March 30e1. April • 2017 baseball & softball opening ceremonies were held on April 29th -Rodney Rowland was honored with throwing the first pitch -each team played double headers • Instillation of security cameras at all facilities were completed on April 21st • Staffing of city pool began and a few positions has been filled, and the other advertised • Dunn Parks and Recreation comprehensive master plan, Tart Park master plan and PARTF grant application was submitted on April 28th • Veterans memorial fountain was maintenance and turned on April 270, DUNN @I�R•eeica� � aF ta'��t�" t�,.a'�d��. 19ft9h I(1U P. K. WAS CENTER: Memberships New Memberships......... Renewed Memberships. .............................................20 ............................................141 • Dunn Community Building........................................................................................................................17 • P. K. Vyas BB&T room rentals.....................................................................................................................2 • Picnic Shelter Rentals.................................................................................................................................A0 • Field Rentals................................................................................................................................................A4 May • 2017 summer camp registration begin May Vt -camps will vary as years before • Implementation of Rec Desk • 2017 Instructional Leagues start games on May 811. • Sign-ups for adult league basketball ends and games will begin late May • Final preparations of the pool and inspections will take place prior to opening to the public. • Update on Tart Park Budget Amendment -Bids for bathrooms has been received and contractor chosen • Hurricane Matthews repairs to the splash should be complete and ready in time for memorial day weekend June • The regular season of our baseball, softball and tee -ball programs comes to an end and all-star teams will be selected. • We will be hosting the 2017 Dixie Youth Baseball AAA (10U) & Majors 12U) District Tournament -Games will start on June 24n, and will last through June 29d, (weather pending) -Total number of teams has yet to be determined • City pool @ Codrington Park will open June Td • Start of summer camps -10 total summer camps that will last through August July • Sign-ups for Fall Sports begin July 1se • We will be hosting the 2017 Dixie Youth Baseball AAA (10U) State Tournament -Opening Ceremony on July Th @ Nathan Harris Complex at Tyler Park starting at 7pm -16 teams in total and games will begin July 8t, • Below are dates and sites of the remaining state tournaments and world series are listed below. District Tournaments • AA (8u) Baseball -June 17th Hoke County • AAA (10u) & Majors (12u) Baseball -June 24u, Dunn • All softball leagues -June 1601 Lillington State Tournaments • AA (8u) Baseball -July 15t Richfield, NC • AAA (10u) Baseball -July 711, Dunn • Majors (12u) Baseball -July 1501 Leland, NC • Darlings (8u) Softball -July 7th Beulaville, NC • Angels (10u) & Ponytails (12u) Softball -July 1401 Carthage, NC World Series Tournaments • AA (8u) Baseball -July 29th Cleveland, MS • AAA (10u) & Majors (12u) Baseball -August 5ch Oxford, AL • Darlings (8u) Softball -TBA Sumter, SC • Angels (10u) & Ponytails (12u) Softball -TBA Alexandria, LA Page11 Announcements May 9, 2017 City Council Meeting ➢ Boogie on Broad will be held on Thursday, May 18, 2017 from 6-9 pm in Downtown Dunn. City offices will be closed on Monday, May 29, 2017 in observance of Memorial Day. Meeting�> The next regular City Council . -• for Tuesday, June 13, 117 @ 7:00 • r DUNN UUNLYN �9I��nericaGl �rnua donavuurr6�� nrac'fera e Whereas, the Harnett County Partnership for Children and other local organizations, in conjunction with the National Association for the Education of Young Children (NAEYC), are celebrating the Week of the Young Child, April 24"'- 28"', 2017; and Whereas, these organizations are working to improve early learning opportunities, which are crucial to the growth and development of young children, and to building better futures for everyone Harnett County, NC; and Whereas, all young children and their families across the country deserve access to high -quality early education and care; and Whereas, in recognizing and supporting the people, programs and policies that are committed to high -quality early childhood education as the right choice for kids; I, Oscar N. Harris, Mayor of Dunn, NC, do hereby proclaim April 24"'-28", 2017 as The Week of the Young Child in Dunn, NC and encourage all citizens to work to make a good investment in early childhood. This the 11'h day of April, 2017. Oscar N. Harris, a* U911=1 nifer Fortin, iS' y Clerk LTA UNN C Ord E9" * 2013 i 5121MV971IMP t Recognizing i.•II:'�i.t A'''•• WHEREAS, the Boy Scouts of America is a vital force in the development of our youth through its many programs which encourage the ability of its members to do things for themselves and especially for others; and WHEREAS, one of the major objectives in the Scouting program is to develop citizenship through community involvement, and in addition to working for citizenship merit badges, Scouts are encouraged to participate in community service projects; and WHEREAS, Nathan Piercy was a member of Troop 711 of the Boy Scouts of America and for his community service he will be recognized at the Court of Honor on April 29, 2017;and WHEREAS, Nathan Piercy not only proved himself to be an outstanding member of the Boy Scouts of America, but also attained the highest honor bestowed on a Scout, the Engle Scout Award, a distinction that will follow him throughout life and will be a beacon to others of the leadership quality and commitment this young man has shown. NOW, THEREFORE, 1, Oscar N. Harris, Mayor of the City of Dunn, North Carolina do hereby recognize Nathan Piercy as worthy of this highest of honors and encourage him to continue his commitment to excellence. Sa ✓ wc&in", 5&6, 6U 2916 Day, of ap a 2017. Oscar N. Harris,'Mayor Attest: { iA f Z Jemlifer M. Fortin,)City Clerk .. .D"N k, utN nun„ u m�n tonnn11 mrtttm WHEREAS, William Irvin Warren was born June, 1942 in Sampson County and grew up working on the family tobacco farm; and WHEREAS, Irvin graduated from Sampson Public Schools and Fast Carolina University in 1964 where he earned his bachelor's degree in education He then earned his master's degree at North Carolina State University, where he taught for six years and was one of the youngest professors at the time and WHEREAS, during his college years, Irvin would hitch hike home to help his parents on the family farm and after the passing of his father, found himself commuting every weekend to keep the family farm running; and WHEREAS, Irvin worked for his uncle at W. B. Warren Auto Parts which ignited his entrepreneurial spirit. In 1975, Irvin secured a loan from his mother for $20,000 and founded Warren Oil Company, Inc, where he sold motor oils packaged in his name. Irvin started the company, with three employees; himself, his spouse and a track driver. The company has since grown to approximately 450 employees. His very first employee, the truck driver, is now the Corporate Chief Operating Officer, 42 years later, Irvin has shown tremendous support and goodwill towards his employees and their families; and WHEREAS, in 1987 Irvin was President of the Dunn Area Chamber of Commerce, and in 1988 was named Man of the Year and Warren Oil Company, Inc. was named Business of the Year; and WHEREAS, as business increased for Irvin, his entrepreneurial mind recognized in order to reduce overhead costs he needed to improve the process of purchasing costly plastic bottles and created his own solution. Irvin started producing his own plastic bottles at a fraction of the cost and today almost 85% of all plastic containers used by Warren Oil are produced on site; and WHEREAS, with major oil companies consolidating and restructuring, Irvin used the opportunity to expand out of North Carolina and by 2002 Women Oil had five locations in five stales: North Carolina, Alabama, Illinois, Pennsylvania, and Texas. By late 2003, Warren OiI's largest competitor, Coastal Unilube in Arkansas was placed on the market. Irvin seized the opportunity to purchase a company three limes the size of Warren Oil and increased his company to six locations. Warren Oil holds the distinction of being the largest independent lubricants manufacturer with their six locations, as well as exporting to 49 countries and the entire United Stales with an estimated 2.2 of Warren Oil products being sold every second of every minute, every day; and WHEREAS, Irvin has received numerous honors and awards including the Silver Spoon Award from Methodist University's Center for Entrepreneurship and the Ernst & Young - 2012 Entrepreneur of the Year Award for Commercial and Consumer Products Category for the region of the Carolinas, North and South Carolina, and participated in the National Entrepreneur of the Year awards ceremony in Palm Springs, California, This is the world's most prestigious award for entrepreneurs. WHEREAS, following the 2010 earthquake in Haiti, Irvin offered his time, financial support and use of his corporate jets to transport a team of surgeons and other medical staff for a total of six trips, while personally accompanying them on their journey; and WHEREAS, over the last eight years, Irvin has exemplified his heart for WWII Veterans by sponsoring and hosting all -expense paid overnight bus trips, for over 200 veterans and their guests, to Washington, D.C; near Veteran's Day to visit the memorials built in their honor. In 2013, Irvin was presented a Humanitarian Service Award from the American Legion Post 59 and Veterans of Foreign Wars Post 6767 for his patriotism and devotion for honoring the World War 11 Veterans, other Veterans and their families: by providing them this opportunity to realize their dreams to visit their National Memorials; and WHEREAS, Irvin has a deep love for his hometown. He has purchased and rehabilitated many dilapidated and run down properties in the City of Dunn. This has resulted in a direct contribution to the vitality of neighborhoods throughout our community. These initiatives and his generosities has contributed immensely to the City of Dunn being awarded the "All America City Award", not once but twice; mid WHEREAS, in 2016 Irvin started a new diversified investment company called Warren Company, LLC, also located in Dunn, Warren Company, LLC operates several divisions including Warren Aviation at the Harnett Regional Jetport; Warren Realty, consisting of approximately 100 residential and commercial rental properties; Warren Cattle Company, consisting of over 150 head of livestock in Hamett and Sampson Counties; Shady Brook Stable, which boards and miss horses, and Heath II Steakhouse, which has won numerous awards for excellence in the food industry. Warren Company, LLC currently employs 40 people with more to be hired in 2017; and WHEREAS, Irvin has served can community in numerous capacities by serving on boards for Betsy Johnson Regional Hospital, Dunn Area Chamber of Commerce, Standard Bank & Trust Company, Hamett Industrial Development, New Century Bank and as a Trustee for Campbell University. He has been a member of the Masonic Lodge and Shrine Club for more than 40 years and is past Chairman of the Board of Directors for Divine Street United Methodist Church. Irvin was also an avid supporter of Kate Peacock, our very own Miss Dunn, who became Miss North Carolina and represented our City and North Carolina at the Miss America pageant, which has brought great pride to Dunn; and WHEREAS, while giving a commencement speech Irvin stated, "Entrepreneurs know what qualities they have to possess to become successful. However, what is more important is what we become after our success. We must always stay true to the principles that allowed as to achieve our goals. Cod gives us the tools we need to be a success. What we do with those tools is era responsibility. hh the end, all glory, achievements and prosperity are to honor Him'; and WHEREAS, Irvin is a proud family man with his wife, Dr. Michelle; his three children, Wendy, Bill, and Brandon; and his eight grandchildren, Reed, Colby, Jamie, Haven, Christian, Grayson, Morgan, Benjamin, and Connor. NOW, THEREFORE, DE IT RESOLVED, as Mayor of the City of Dunn, the City Council and the Citizens of Durm along with all who call Dunn home, we recognize Irvin's talents, abilities and many accomplishments and express our deep appreciation for his dedication, loyalty, love and promotion of his hometown and for the untold publicity he and his companies have brought to our "All America City". AND BE IT FURTHER RESOLVED, we hereby appoint William Irvin Women as Ambassador Extraordinaire for the City of Dunn AND BE IT FURTHER RESOLVED, that this proclamation be placed in the official minutes of the City of Dunn, IN WITNESS THEREOF, I hereunto set my hand this thirtieth day of April in the year of our Lord two thousand seventeen. ATTEST: I scar N.Harrie, layer Ana nnifer 1 .. Fo =0 WHEREAS, National Days of Prayer have been part of our country's heritage since the first one was declared by the Continental Congress in 1775; and WHEREAS, the Declaration of Independence, our first statement as Americans of national purpose and identity, made "the Laws of Nature and Nature's God" the foundation of our United States of America and asserted that people have inalienable rights that are God-given; and WHEREAS, while American troops fight for democracy and freedom around the globe and battle the war on terror, citizens of the United States will gather on May 4, 2017 to worship and pray for these brave members of our Aimed Forces and their families, our nation, churches, families, schools and governmental leaders, asking the Lord to grant them wisdom for the challenges they face on a daily basis; and WHEREAS, May 4, 2017 marks the 66"' consecutive observance of the National Day of Prayer; and WHEREAS, it is good that we acknowledge that we are all God's handiwork and that it is appropriate to call upon Him in prayer; and WHEREAS, "For Your Great Name! Hear Us... Forgive Us ... Heal Us!" is the theme for the 2017 National Day of Prayer. To further highlight our theme, we've chosen Daniel 9:19 as our Scripture for this year, "O Lord, Listen! O Lord, Forgive! O Lord, Hear and Act! For Your Sake. O My God..." NOW, THEREFORE, I, Oscar N. Harris, Mayor of the City of Dunn, North Carolina do hereby proclaim Thursday, May 4, 2017 as a "DAY OF PRAYER" in Dunn, North Carolina and urge our citizens to join together in their homes, places of work, and places of worship, to pray for the unity of the hearts of all mankind, and to continue in prayer for our City, State and our Nation. This the 4"' day of May, 2017 VZeAW scar N. Harris, M yor Attest: Je -AA— niter M. rtin, Ci Cl rk DUNN HOUSING AUTHORITY BOARD MEETING 817 STEWART STREET MONDAY, MARCH 20, 2017 CHAIRMAN ERIC SINCLAIR CALLED THE MEETING TO ORDER AT 5:30 PM ON MONDAY, March 20, 2017. UPON ROLL CALL THE FOLLOWING WERE PRESENT: CHAIRMAN SINCLAIR, VICE-CHAIRMAN LEE, COMMISSIONER DAIL, COMMISSIONER EDDIE DRAUGHON, COMMISSIONER HOLLOWAY AND SECRETARY DEBBIE NORRIS. THE MEETING WAS OPENED WITH A PRAYER BY CHAIRMAN SINCLAIR. MINUTES OF THE PREVIOUS MEETING WERE READ AND APPROVED. FIRST MOTION MADE BY VICE CHAIRMAN LEE AND SECONDED BY COMMISSIONER DAIL. AYES AND NAYS WERE AS FOLLOWS: AYES NAY$ CHAIRMAN SINCLAIR VICE-CHAIRMAN LEE COMMISSIONER DAIL NONE COMMISSIONER HOLLOWAY COMMISSIONER DRAUGHON MOTION CARRIED. OCCUPANCY REPORT: TOTAL RENT FOR MARCH WAS $33,063.00. AVERAGE RENT PER UNIT WAS $ 231.21. SINCE THE LAST MEETING THERE WAS ONE MOVE IN, ONE MOVE OUT AND NO TRANSFERS. THERE WERE NO VACANT UNITS. THERE WERE NO CHARGE OFFS FOR THE MONTH OF MARCH. CHARGE OFFS YEAR TO DATE WERE $ 708.00. THERE WERE THREE RECOVERIES FOR THE MONTH OF MARCH, ASHLEY PEARSON $308.00 SYLVIA MCBRYDE 147.00 BRITTANYCAMERON 184.75 $639.75 THE BOARD REVIEWED COPIES OF THE FEBRUARY FINANCIAL BALANCE REPORTS. THERE WERE NO COMMENTS. Ul 'd ISLo 'ON Ndoo;� c[06 'sZ'add wig UNICATIONS: THE BOARD OF COMMISSIONERS READ A LETTER THAT WAS SENT T AWL RESIDENTS CONCERNING THE ANNUAL INSPECTION OF FIRE EXTINGUISHERS. THERE WERE NO COM ENTS. SECRETARY NORRIS SHARED A LETTER WITH THE BOARD THAT HAD BEEN PRESENTED AT THE HUD ROUND TABLE MEETING IN GREENSBORO THAT DEFINED THE RESPONSIBILITIES OF THE BOARD OF COMMISSIONERS. THERE WERE NO COMMENTS. OTHER BUSINESS THE BOARD REVIEWED A LETTER AND ATTACHED PHAS (PUBLIC HOUSING ASSESSMENT SCORES) FROM HUD WHICH STATED DUNN HOUSING AUTHORITY HAS QUALIFIED FOR SMALL HOUSING DEREGULATION BASED ON THE NUMBER OF ACC UNITS AND PREVIOUS PHA SCORES, THE MANAGEMENT AND FINANCIAL PHAS SCORE FOR DUNN HOUSING AUTHORITY FOR FYE 12/31/2016 ARE AS FOLLOWS: FINANCIAL SCORE 15 25.00 (MAXIMUM SCORE POSSIBLE OF 25.00) MANAGEMENT SCORE IS 25,00 (MAXIMUM SCORE POSSIBLE OF 25.00) CAPITAL FUND SCORE IS 10.00 (MAXIMUM SCORE POSSIBLE OF 10.00) PHYSICAL SCORE IS 33.00 (MAXIMUM SCORE POSSIBLE OF 40.00) THE BOARD WAS REMINDED THAT THE PHYSICAL SCORE WAS BASED ON THE LAST REAC INSPECTION IN FEBRUARY2015 AND ANOTHER INSPECTION WILL BE PERFROMED IN FEBRUARY 2018. SHE ADVISED THE BOARD THAT MAINTENANCE WAS WORKING TO IMPROVE REAC SCORES. COMMISSIONER DAIL ASKED ABOUT ROOF REPAIR, SECRETARY NORRIS EXPLAINED THAT ROOF REPLACEMENT WAS IN THE FIVE-YEAR PLAN AND AFTER THE COMPLETION OF HVAC AT HARNETT TERRACE, THE NEXT PROJECT WILL BE ROOF REPAIR. THERE WERE NO OTHER COMMENTS, CHAIRMAN SINCLAIR QUESTIONED RESIDENT COMMISSIONER LEW HOLLOWAY CONCERNING HIS BOARD REAPPOINTMENTAND IF HE WISHED TO SERVEANOTHER'TERM. CHAIRMAN HOLLOWAYSTATED THAT HE DID WISH TO SERVE ANOTHER TERM, CHAIRMAN SINCLAIR QUESTIONED THE COMMISSIONERS ABOUT THE 2017 ANNUAL WORKSHOP. ALL COMMISSIONERS ARE PLANNING ON ATTENDING. HE ADVISED THEM THAT IN THE EVENT THEY COULD NOT ATTEND, TO ADVISE THE EXECUTIVE DIRECTOR AS SOON AS POSSIBLE SO CANCELLATIONS COULD BE MADE, COMMISSIONER SINCLAIR SPOKE ABOUT THE POSSIBILITY OF CONTINUED HEALTH INSURANCE FOR EMPLOYEES OF DUNN HOUSING AUTHORITY WITH 30 OR MORE YEARS OF SERVICE. HE TOLD THE BOARD THAT OTHER HOUSING AGENCIES HAD SUCH PLAN IN PLACE AS WELL AS CITY EMPLOYEES, HE STATED THERE WOULD BE NO VOTE ON THE MATTER AT THIS TIME BUT ASKED THE BOARD TO THINK ABOUT IT FOR LATER DISCUSSION. WITH NO OTHER COMMENTS, THE MEETING WAS ADJOURNED. d-. _ w v✓ ERIC L. SINCLAIR, SR. DEBBIE;). NORRIS U6 'd ISt0'IN Wd00:6 t I OZ 'Sl *I dV CHAAMAN SECRETARY UE 'a tSco 'IN MOO :E LM 'sz ,AV 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 i To protect the attorney -client privilege. To consider and give instructions concerning a potential or actual claim, administrative procedure, or judicial action. To consider and give instructions concerning a judicial action titled vs [N.C.G.S. 143-318.11(a)(4)] To discuss matters relating to the location or expansion of business in the area served by this body. [N.C.G.S. 143-318.11(a)(5)] To establish or instruct the staff or agent concerning the negotiation of the price and terms of a contract concerning the acquisition of real property located at (OR) To establish or instruct the staff or agent concerning the negotiations of the amount of compensation or other terms of an employment contract. [N.C.G.S. 143-318.11(a)(6)] To consider the qualifications, competence, performance, condition of appointment of a public officer or employee or prospective public officer or employee. (OR) To hear or investigate a complaint, charge, or grievance by or against a public officer or employee. [N.C.G.S. 143-318.11(a)(7)] To plan, conduct, or hear reports concerning investigations of alleged criminal conduct. School violence 143-318.11(a)(8) and terrorist activity (9).