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Agenda 10-10-2017Dunn City Council Meeting Agenda Tuesday Evening, October 10, 2017 7:00 p.m., Dunn Municipal Building Call to Order Invocation Pledge of Allegiance SECTION 1) Adjustment and Approval of the October 10, 2017 meeting agenda PRESENTATIONS 2) Proclamation Presentation — Blount Whiteside 3) Proclamation — Veterans Day 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) Street Closure — Cooke Street on the Western Side of 204 Cooke Street at the Gate Entering the Storage Facility and S. Wilson Avenue from Duke Street to Cooke Street 6) Demolition of House - 803'/ N. Magnolia Avenue — PIN# 1516-88-5976.000 7) Property Unfit for Human Habitation - 1002 N. Fayetteville Avenue — PIN# 1517-70-8361.000 8) Ordinance Amendment OA-05-17; Chapter 4 Buildings and Building Regulations, Non -Residential Building Maintenance Code CONSENT ITEMS 9) Minutes — September 12, 2017 10) Proclamation — National Friends of Libraries Week 11) Consideration of Resolution Urging a Safe and Courteous Halloween on Tuesday, October 31, 2017 _ ITEMS FOR DECISION 12) Consideration of Resolution and Order to Permanently Close the Public Street Between Cooke Street on the Western Side of 204 Cooke Street at the Gate Entering the Storage Facility and S. Wilson Avenue from Duke Street to Cooke Street 13) Consideration of Ordinance to Demolish House - 803 % N. Magnolia Avenue — PIN# 1516-88-5976.000 14) Consideration of Ordinance Declaring Property Unfit for Human Habitation - 1002 N. Fayetteville Avenue — PIN# 1517-70-8361.000 15) Consideration of Ordinance to Demolish Structure - 510 Spring Branch Road — PIN# 1516-71-6790.000 16) Consideration to Demolish House - 604/606 S, Fayetteville Avenue — PIN# 1516-45-7909.000 17) Ordinance Amendment OA-05-17; Chapter 4 Buildings and Building Regulations, Non -Residential Building Maintenance Code 18) Acceptance of the PARTF Grant for Phase I of the Tart Park Reconstruction 19) Temporary Blocking of Streets — Cotton Festival 20) Temporary Blocking of Streets - Shrine Parade ITEMS FOR DISCUSSION AND/OR DECISION 21) Consideration to Direct City Attorney to Proceed with the Due Diligence Process on the Vacant Lot on Martin Street - PIN# 1517-03-6687.000 for Purpose of a Land Donation to the City 22) Financial Report 23) Administrative Reports a. Tax Report b. Planning & Inspections Report c. Public Works Report d. Recreation Report e. Library Report f. Police Report 24) City Managers Report 25) Announcements 26) Information 27) 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" SECTION 1. Adjustment 1 Approval of the October DUNN LLU_D UNN All -America GO 'ity �r City CouncilAgenda. . 1 Octobero1, 0 2017 SUBJECT TITLE: Resolution —Blount Whiteside Presenter: Mavor Harris Attachment: X Yes No Description: Resolution Public Hearing Advertisement Date: PURPOSE: Mayor Hams ry will present a Resolution to Blount Whiteside, in recognition and appreciation of his more than 30 years of service to the City of Dunn on the Board of Adjustment. BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: ® north caroI ii nu DUN UNNcity of d�l![fl1 OF THE CITY OF DUNN CITY COUNCIL 1989ic2013 EXPRESSING APPRECIATION TO BLOUNT WBMSIDE, JR. WHEREAS, Blount Whiteside stepped down from the Board of Adjustment on June 30, 2017 as Chairman with the City of Dunn after more than 30 years of service as a board member; and WHEREAS, Blount was born in New Bern, North Carolina and attended North Carolina State University where he graduated with a Degree in Civil Engineering; and WHEREAS, Blount served honorably in the Air Force from 1942 to 1946, with a tour in the Pacific and a military rank of Sergeant; and WHEREAS, Blount moved to Dunn in 1954 and served as a State Highway Resident Engineer for the State of North Carolina; and WHEREAS, Blount met the love of his life, Jennett Bramble, and they married in August, 1955, now celebrating their 62nd year of marriage and have two daughters; and WHEREAS, Blount Volunteered for the Board of Adjustment in 1987 and served as Chairman for over 30 years; and WHEREAS, during his tenure as a Board of Adjustment Member, Blount served the City of Dunn with devotion, distinction and has represented the citizens of the City of Dunn to the utmost of his ability; and has always conducted said business with the best interest of the citizens of Dunn in mind; and WHEREAS, Blount is a long time member of the Lions Club and is a member of the North Carolina Society of Engineers. NOW, THEREFORE, BE IT RESOLVED, 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 Blount Whiteside their deep appreciation and gratitude for his service and devotion as Board of Adjustment Chairman. BE IT FURTHER RESOLVED this Resolution shall be incorporated into the official minutes of the City of Dunn. This the loth day of October, 2017. Oscar N. Harris, Mayor Attest: v nnifer M. ortin, Cites Jerk 1 I City Council Agenda For- ®Meeting Date., October 10,. 2017 1989 2013 1989 * 2013 SUBJECT TITLE: Proclamation — Veterans Day Presenter: Department: Administration Attachment: X Yes No Description: Veterans Day Proclamation Public Hearing Advertisement Date: PURPOSE: Attached you will find a proclamation recognizing November 11, 2017 as Veterans Day BACKGROUND: BUDGETIMPACT: RECOMMENDATIONIACTION REQUESTED: D1Uh ca ro1 inn TYTATR.T NN 1Jf11V1`V �it, of Juan AII•AmerieaGIW aA'm emnnunti matters ' r e 1989 * 2113 - • WHEREAS, Veterans Day is an annual holiday in the United States honoring military veterans and is observed on November 1 Ith; and WHEREAS, November l It' is the anniversary of the signing of the Armistice that ended World War I; and WHEREAS, on Veterans Day, we reflect upon the invaluable contributions of our country's veterans and reaffirm our commitment to provide them and their families with the support they have earned; and WHEREAS, on Veterans Day, we pay tribute to the service and sacrifice of the men and women who bravely defended our freedom; and WHEREAS, these remarkable individuals have helped to make our nation secure and to advance the cause of freedom worldwide. By answering the calls of duty and risking their lives to protect their fellow countrymen, these patriots have inspired the nation with their courage and dedication; and WHEREAS, the restoration of the observance of Veterans Day not only preserves the historical significance of the date, but helps focus attention on the important purpose of Veterans Day: A celebration to honor America's veterans for their patriotism, love of country, and willingness to serve and sacrifice for the common good. NOW THEREFORE BE IT RESOLVED, I, Oscar N. Harris, Mayor of Dunn, North Carolina, and on behalf of the City Council do hereby proclaim November 11, 2017 as "Veterans Day" and encourage all fellow Americans to recognize the valor and sacrifice of our veterans through appropriate ceremonies and prayers. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Dunn to be affixed on this 11"' day of November, 2017. 1h - !,wlvm ATTEST: mifer Fortin, Cit �Ierk Adopted 8-4-05 CITY OF DUNN CITY COUNCIL PUBLIC COMMENT POLICY The City Council for the City of Dunn does hereby adopt a Public Comment Policy to provide at least one period for public comment per month at a regular meeting of the City Council. This policy shall remain in effect until such time that it is altered, modified, or rescinded by the City Council. All comments received by the City Council during the Public Comment Period shall be subject to the following procedures and rules: 1. Anyone desiring to address the City Council must sign up and register on a sign-up sheet available on the podium within the City Council chambers prior to the Mayor calling the meeting to order. The sign-up sheet shall be available thirty (30) minutes prior the beginning of the City Council meeting in the City Council Chambers. Once the Mayor has called the meeting to order, the City Clerk shall collect the sign-up sheet and deliver it to the Mayor. The speaker shall indicate on the sign-up sheet his or her name, address and matter of concern. 2. The Public Comment Period shall be for thirty (30) minutes. 3. Comments are limited to three (3) minutes per speaker. A speaker can not give their allotted minutes to another speaker to increase that person's allotted time. 4. Each speaker must be recognized by the Mayor or presiding member of the City Council as having the exclusive right to be heard. Speakers will be acknowledged in the order in which their names appear on the sign up sheet. Speakers will address the City Council from the podium at the front of the room and begin their remarks by stating their name and address. 5. Individuals who sign up but can not speak because of time constraints, will be carried to the next regular meeting of the City Council and placed first on the Public Comment Period. 6. During the Public Comment Period, a citizen, in lieu of or in addition to speaking may pass out written literature to the City Council, City Staff and audience. 7. Groups supporting or opposing the same position shall designate a spokesperson to address the City Council in order to avoid redundancy. 8. After the citizen has made his or her remarks, he or she will be seated with no further debate, dialogue or comment. 9. The Public Comment Period is not intended to require the City Council to answer any impromptu questions. Speakers will address all comments to the City Council as a whole and not one individual Council member. Discussions between speakers and members of the audience will not be allowed. The City Council will not take action, or respond to questions about, issues raised during the Public Comment Period at the same meeting. 10. Speakers shall refrain from discussing any of the following: matters which concern the candidacy of any person seeking public office, including the candidacy of the person addressing the City Council; matters which involve pending litigation; matters which have been or will be the subject of a public hearing; and matters involving specific personnel issues related to disciplinary matters. If the speaker wishes to address specific personnel issues related to disciplinary matters, he or she should take their comments to the City Manager, who shall share the comments with the City Council. 11. Speakers shall be courteous in their language and presentation. 12. The Mayor and City Manager shall determine, on a month to month basis, where the Public Comment Period will appear on the monthly agenda when developing the agenda, prior to its publication. 13. The Public Comment Period shall only be held during the regularly scheduled monthly meeting of the City Council. There shall not be a Public Comment Period at any other meetings of the City Council, unless specifically approved by the City Council. ® ,o,ti, a,•ouna UNN6t, of City Council AgeeForm 111111 ° Meeting ate® October 10, 17 ° 1989�2013 1989'�2013 SUBJECT TITLE: Street Closure -Cooke Street on the Western Side of 204 Cooke Street at the Gate Entering the Storage Facility and S. Wilson Avenue from Duke Street to Cooke Street Presenter: City Manager Neuschafer Department: Administration Attachment: X Yes No Description: Notice of Public Hearing Public Hearing Advertisement Date: September 18th & 25th, 2017 & October 2nd & 10th, 2017 PURPOSE: The public has been notified that oral and written comments will be heard and received concerning the request to permanently close the public street between Cooke Street on the western side of 204 Cooke Street at the gate entering the storage facility and S. Wilson Avenue from Duke Street to Cooke Street. The public hearing was duly advertised on September 18th & 25th, 2017 & October 2°d & loth, 2017. BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: NOTICE OF PUBLIC HEARING ON STREET CLOSING The public will take notice that the City Council of the City of Dunn will hold a public hearing at the Dunn Municipal Building, located at 401 E. Broad Street, Dunn, NC at 7:00 p.m. on October 10, 2017, on the question of closing the public street described below, pursuant to North Carolina General Statute 160A-299: Public Street between Cooke Street on the western side of 204 Cooke Street at the gate entering the storage facility and S. Wilson Avenue from Duke Street to Cooke Street All persons owning property on said street and all residents of the City of Dunn will be given an opportunity to be heard at the above mentioned time and place. Jennifer M. Fortin City Clerk Advertise: 09/18/2017 09/25/2017 10/02/2017 10/09/2017 ® — D ""t" DUNN j1�✓I1NN enrn�innAHearing �. casd City Couuncil AgendaMeeting 2417 Date-, October 10, 2017 SUBJECT TITLE: Demolition of House: 803YzN. Magnolia Ave., PIN # Presenter: Chief Building Inspector Steven King Department: Planning & Inspections Attachment: X Yes ❑ No Description: Notice of P Public Hearing Advertisement Date: 9/28/17 & 10/03/17 The Public has been notified that oral and written comments will be heard and received concerning the demolition of the dwelling located at 803% N. Magnolia Ave., Dunn, NC. The public hearing was duly advertised on September 28, 2017 and October 3, 2017. BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: LEGAL NOTICE NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF DUNN, NORTH CAROLINA, UNDER AUTHORITY OF CHAPTER 160A, SECTION 364 OF THE GENERAL STATUTES OF NORTH CAROLINA, WILL HOLD A PUBLIC DARING AT 7:00 P.M. ON OCTOBER 10, 2017 IN THE COURTROOM OF THE DUNN MUNICIPAL BUILDING. THE FOLLOWING ITEMS WILL BE DISCUSSED. PUBLIC HEARING: (1) A HEARING WAS HELD ON JULY 7, 2017 IN REFERENCE TO THE DWELLING LOCATED AT 803'% N. MAGNOLIA AVE. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT TIIE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160A — 428. AN ORDER WAS ALSO PLACED TO OWNER(S), JAMES HERRING C/O LAVONNE HERRING HEINTZ, TO REPAIR OR DEMOLISH SAID DWELLING. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE DWELLING REMOVED AND ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY. (2) A HEARING WAS HELD ON MAY 17, 2017 IN REFERENCE TO THE DWELLING LOCATED AT 1002 N. FAYETTEVILLE AVE. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160A — 428. AN ORDER WAS ALSO PLACED TO OWNER(S), QUALITY CAPITAL, LLC, TO REPAIR, CLOSE OR DEMOLISH SAID DWELLING. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE DWELLING CLOSED AND DEEMED UNFIT FOR HUMAN HABITATION. ALL 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: September 28, 2017 and October 3, 2017 City Council Agenda 1 Meeting Date: October ° 0. 2017 SUBJECT TITLE: Property Unfit for Human Habitation-1002 N. Fayetteville Ave., PIN# 1517-30.8361.000 Building Inspector Steven King W Attachment: XYes ❑ No Public Hearing Advertisement Date: September 28, 2017 & October 3, 2017 mug16mg Description: Notice of Public Hearing 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 Quality Capital, LLC located at 1002 N. Fayetteville Ave., Dunn, NC as Unfit for Human Habitation. The public hearing was duly advertised on September 28, 2017 and October 3, 2017 BACKGROUND: 4111CI i 7112_ of RECOMMEN DATIONIACTION REQUESTED: LEGAL NOTICE NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF DUNN, NORTH CAROLINA, UNDER AUTHORITY OF CHAPTER 160A, SECTION 364 OF THE GENERAL STATUTES OF NORTH CAROLINA, WILL HOLD A PUBLIC HEARING AT 7:00 P.M. ON OCTOBER 10, 2017 IN THE COURTROOM OF THE DUNN MUNICIPAL BUILDING. THE FOLLOWING ITEMS WILL BE DISCUSSED. PUBLIC HEARING: (1) A HEARING WAS HELD ON JULY 7, 2017 IN REFERENCE TO THE DWELLING LOCATED AT 803% N. MAGNOLIA AVE. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160A — 428. AN ORDER WAS ALSO PLACED TO OWNER(S), LAMES HERRING C/O LAVONNE HERRING HEINTZ, TO REPAIR OR DEMOLISH SAID DWELLING. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE DWELLING REMOVED AND ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY. (2) A HEARING WAS HELD ON MAY 17, 2017 IN REFERENCE TO THE DWELLING LOCATED AT 1002 N. FAYETTEVILLE AVE. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160A— 428. AN ORDER WAS ALSO PLACED TO OWNER(S), QUALITY CAPITAL, LLC, TO REPAIR, CLOSE OR DEMOLISH SAID DWELLING. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE DWELLING CLOSED AND DEEMED UNFIT FOR HUMAN HABITATION. ALL PERSON DESIRING TO BE HEARD, EITHER FOR OR AGAINST THE PROPOSED ITEMS SET FORTH ABOVE, ARE REQUESTED TO BE PRESENT AT THE ABOVE MENTIONED TIME AND PLACE. STEVEN KING CHIEF BUILDING INSPECTOR CITY OF DUNN Advertise: September 28, 2017 and October 3, 2017 DUNN DUNN City Council Agenda Form Meeting Date: October 1i 2017 SUBJECT TITLE: Ordinance Amendment OA-05.17 ; Presenter: Samantha Wullenwaber Department: Planning & Inspections Attachment: X ❑Yes ❑ No Public Hearing Advertisement Date: October 4th & 10th. 2017 PURPOSE: Description: Notice of Public Hearing This is a request to hereby amend Chapter 4, Building and Building Regulations to add the Non -Residential Building Maintenance Code. 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 October 4t1 & 10th, 2017 BACKGROUND: 19��i11,71IZL0E RECOMMENDATION/ACTION REQUESTED: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL OF THE CITY OF DUNN ON OCTOBER 10, 2017 AT 7:00 P.M. IN THE COURTROOM OF THE DUNN MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE FOLLOWING ITEMS: ORDINANCE AMENDMENT REQUEST—OA-05-17 Chapter 4; Building & Building Regulations: Non -Residential Building Maintenance Code This is a request to amend Chapter 4, Building and Building Regulations to add the Non -Residential Maintenance Code. DUNN YUNN LWUUNN f City Council Agenda Form SUBJECT TITLE: Minutes — September 12, 2017 Attachment: X Yes No Description: S-, 4 • . . Advertisement .. - PURPOSE: Attached please find the minutes of the September 12, 2017 City Council meeting for your consideration. BACKGROUND: BUDGET IMPACT: RECOMMENDATIONIACTION REQUESTED: MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Tuesday, September 12, 2017, at 7:00 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, Public Works Director Dean Gaster, Chief Building Inspector Steven King, Planning & Inspections Director Samantha Wullenwaber, Police Lt. Barefoot, Recreation Director Brian McNeill, Human Resources Director Anne Thompson, Librarian Mike Williams, Attorney Tilghman Pope, City Clerk Jennifer Fortin, and Daily Record Reporter Melody Brown -Peyton. INVOCATION Mayor Harris opened the meeting at 7:00 p.m. and asked Pastor Beth Gaines, Pastor of the Divine Street Methodist Church, to give the invocation. Afterwards, the Pledge of Allegiance was repeated. AGENDA ADJUSTMENT AND APPROVAL Motion by Council Member Maness and seconded by Council Member Turnage to adopt the September 12, 2017 meeting agenda with changes, if any, as listed below. Agenda Items Added: • none Agenda Items Removed: • none Motion unanimously approved. PRESENTATION Proclamation Presentation Dixie Youth NC All -Stars (10-Under) Girls Angels World Series Champions Mayor Harris presented a Proclamation to the Dunn Youth NC All -Stars (10-Under) Girls Angels World Series Champions, in recognition of winning the Softball World Series for their age group in Alexandria, Louisiana. A copy of Proclamation (P2017-16) recognizing the Dunn Youth NCAll-Stars (10-Under) Girls Angels World Series Champions is incorporated into these minutes as Attachment #1. Proclamation Presentation Triangle South Enterprise Center 301h Anniversary Mayor Harris presented a Proclamation to Abe Elmore and Mari-inetta Pavlic, in recognition of Triangle South Enterprise Center 301' Anniversary. A copy of Proclamation (P2017-17) recognizing Triangle South Enterprise Center 301" Year Anniversary is incorporated into these minutes as Attachment#2. 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. Kedah Goff, Director for Downtown Development for Downtown Dunn, stated the City of Dunn was one of three communities across the state selected by the North Carolina Main Street and Rural Planning Center to be a Downtown Associate Community. Representatives from the North Carolina Main Street & Rural Planning Center, (Rural Economic Development Division and NC Department of Commerce) will present information about the Downtown Associate Community Program, on Wednesday, September 27, 2017 in the Stewart Theatre. The public portion of the meeting is scheduled from 8:00 a.m. to 9:30 a.m. After a short break, there will be a facilitation session from 9:40 a.m. to 11:15 a.m., which the public is also welcome to attend. This is an important meeting that involves the entire Downtown District. Please plan to attend so that you may learn about the Downtown Associate Community Program, and all of the opportunities it has to offer for our revitalization efforts. William Elmore, President of the Downtown Development, thanked the City Council for giving Downtown Development the opportunity to apply for the Downtown Associate Community Program, Mr. Elmore stated Downtown Development looks ; forward to working with the City. Hearing no further comments, Mayor Harris closed the Public Comment portion of the agenda. PUBLICHEARINGS Demolition of House 901 N. Magnolia Avenue PIN4 1516-89-7135.000 The public has been notified that oral and written comments will be heard and received concerning the demolition of the dwelling located at 901 N. Magnolia Avenue, Dunn, NC. The public hearing was duly advertised on August 31, 2017 and September 5, 2017.. Hearing no comments, Mayor Harris closed the public hearing. Demolition of House 106 S. Washington Avenue PIN# 1516-76-5159,000 The public has been notified that oral and written comments will be heard and received concerning the demolition of the dwelling located at 106 S. Washington Avenue, Dunn, NC. The public hearing was duly advertised on August 31, 2017 and September 5, 2017. Hearing no comments, Mayor Harris closed the public hearing. Property Unfit for Human Habitation 401B S. Clinton Avenue PIN# 1516-65-2951.000 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 Quality Capital, LLC & Randy Dickens, LLC located at 401B S. Clinton Avenue, Dunn, NC as Unfit for Human Habitation, The public hearing was duly advertised on August 31, 2017 and September 5, 2017. Hearing no comments, Mayor Harris closed the public hearing. CONSENTITEMS Minutes — Council considered approval of the minutes of August 15, 2017 City Council Meeting Resolution by the City of Dunn to apply for financial assistance from USDA (police cars) - A copy of Resolution (R2017-14) is incorporated into these minutes as Attachment #3. Resolution by the City of Dunn to apply for financial assistance from USDA (vehicles) - A copy of Resolution (R2017-15) is incorporated into these minutes as Attachment #4. Budget Amendment #4 - A copy of Budget Amendment is incorporated into these minutes as Attachment #5. Approve purchase of JCB Backhoe Proclamation — Employ Older Workers Week - A copy of Proclamation (P2017-18) recognizing Employ Older Workers Week is incorporated into these minutes as Attachment #6 Proclamation — Constitution Week - A copy ofProclarnation (P2017-19) recognizing Constitution ?Peek is incorporated into these minutes as Attachment V. Proclamation — Declaring September as Attendance Awareness Month - A copy of Proclamation (P2017-20) declaring September as Attendance Awareness Month is incorporated into these minutes as Attachment #8. Motion by Council Member Tumage and seconded by Council Member Barfield to approve all consent items. Motion unanimously approved. ITEMS FOR DECISION Consideration. of Ordinance to Demolish House 901 N. Magnolia Avenue PIN# 1516-89-7135.000 Chief Building Inspector Steven King has conducted and inspection at 901 N. Magnolia Avenue, and based upon his observations, the structure failed to comply with the minimum housing 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 Chief Building Inspector's order and according to N.C.G.S. §160A- 432, the City Council has the power to proceed with the demolition of the property Motion by Council Member Tart and seconded by Council Member Maness to adopt the Ordinance directing the Chief Building Inspector to proceed with the demolition of the dwelling located at 901 N. Magnolia Avenue Dunn, PIN# 1516-89- 7135.000 Motion unanimously approved. A copy of Ordinance (02017-28) is incorporated into these minutes as attachment#9. Consideration of Ordinance to Demolish House 106 S. Washington Avenue PIN# 1516-76-5159.000 Chief Building Inspector Steven King has conducted an inspection at 106 S. Washington Avenue, and based upon his observations, the structure failed to comply with the minimum standards of fitness established by the Minimum Housing Code of the City of Dunn. The 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- 432, the City of Dunn has the power to proceed with the demolition of the property. Motion by Council Member Tumage and seconded by Council Member Barfield to adopt the Ordinance directing the Chief Building Inspector to proceed with the demolition of the dwelling located at 106 S. Washington Avenue, Dunn, NC, PIN# 1516-76-5159.000. Motion unanimously approved. A copy of Ordinance (02017-29) is incorporated into these minutes as attachment #10. Consideration of Ordinance Declaring Property Unfit for Human Habitation 401B S. Clinton Avenue PIN# 1516-65-2951.000 Chief Building Inspector Steven King has conducted an inspection at 401B S. Clinton Avenue, and found the structure in a deteriorated condition that does not meet the requirements of the City of Dunn Minimum Housing Code (MHC). 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. § 1610A-193. The owner of the property has failed to comply with the Chief Building Inspector's order to bring the structure on the property into compliance with the City of Dunn MHC and pursuant to N.C.G.S. §160A-443, the City Council has the authority to direct the Chief Building Inspector to post the main entrance of the property a placard that states "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful". Motion by Council Member Maness and seconded by Council Member Tart to adopt the Ordinance declaring the property located at 401B S. Clinton Avenue, Dunn; NC, PIN# 1516-65-2951.000 as Unfit for Human Habitation. Council Member Barfield inquired how to handle the other three apartments in the building when one is being declared unfit for human habitation? Chief Building Inspector King stated the Ordinance makes it so no one can move into that apartment when the current occupant moves out. I would have to get an administrative search warrant and go through the other three units. Council Member Barfield stated he would like Chief Building Inspector King get the administrative order and go through the other three units. Motion unanimously approved. A copy of Ordinance (02017-30) is incorporated into these minutes as attachment #11. Consideration of Ordinance to Demolish House 604/606 S. Fayetteville Avenue PIN# 1516-45-7909.000 Mayor Harris stated this property has been brought back before Council for status review of the project. Chief Building Inspector King stated progress has been made. The vinyl siding is almost complete and the electrical is about 80% complete. Chief Building Inspector King recommends more time to complete the renovations. Motion by Council Member Barfield and seconded by Council Member Maness to allow more time for the renovation to be completed at the dwelling located at 604/606 S. Fayetteville Avenue, PIN# 1516-45-7909,000 not to go past the October 10, 2017 Council Meeting. Motion unanimously approved. Resolution of Intent to Permanently Close a Public Street Between Cooke Street on the Western Side of 204 Cooke Street At the Gate Entering the Storage Facility and S. Wilson Avenue from Duke Street to Cooke Street The adjoining property owners have submitted a petition requesting that the street between Cooke Street on the western side of 204 Cooke Street at the gate entering the storage facility and S. Wilson Avenue from Duke Street to Cooke Street be permanently closed. City Manager Neuschafer stated City staff has done its due diligence on reviewing the request to close the streets and has determined closing the streets will not harm the City as a whole. Motion by Council Member Tart and seconded by Council Member Turnage adopt the Resolution of Intent and call for a public hearing to be held at the October 10, 2017 City Council Meeting for the purpose of permanently closing the public street at Cooke Street on the western side of 204 Cooke Street at the gate entering the storage facility and S. Wilson Avenue from Duke Street to Cooke Street. Motion unanimously approved. A copy of Resolution (R2017-16) is incorporated into these minutes as attachment #12. Sewer Asset & Inventory Assessment Grant Resolution Public Works Director Gaster stated this is a request to approve a Resolution stating that the City intends to request state grant assistance from the NC Division of Water Infrastructure for the purpose of performing a sewer asset and inventory assessment of its wastewater collection system. The City applied for the water and sewer grant at the same time last fall and we received the water grant. City staff has been gathering GPS coordinates on wastewater Collection system assets for the past few years, due to other job duties, they have not been able to gather data for the entire system. This grant would allow the City to contract with an engineering form to complete this task and evaluate the condition of the entire wastewater collection system. The City applied for a sewer AIA Grant from the NC Division of Water Infrastructure in September 2016 and the grant was not awarded. The recent increase in sewer rates is expected to improve the City's overall score this grant cycle. Mayor Harris asked what the possibility was to receiving the grant, if the City had already been turned down once. Public Works Director Gaster stated the City was going to re-evaluate and meet with the state. Also, the City had a sewer increase in the rates since we last applied. Motion by Council Member Tumage. and seconded by Council Member Barfield to approve the Resolution of Intent for the City to request grant assistance. Motion unanimously approved. A copy of Resolution (R2017-17) is incorporated into these minutes as Attachment #13. Wastewater Treatment Plant Aeration System Replacement Loan Resolution Public Works Director Gaster stated this is a request to approve a Resolution stating that the City intends to request state loan assistance for the propose of replacing the aeration system at the Black River Wastewater Treatment Plant. The City of Door's Black River W WTP has a severely deteriorated aeration system which is in need of replacement to avoid a major disruption of the City's wastewater treatment process and potential NPDES permit violations and fines. The existing aeration system was installed in the early 1980's and has reached the end of its useful life. Over the past several years, the aeration piping has deteriorated and there are numerous air leaks in the underground and in -basing piping. There are approximately 64 individual diffuser drops and these are failing with increased frequency. Outdated blower and motor technology also adds to the inefficiency of the existing system. The approval of this Resolution will allow staff to apply for state loan assistance for this project. Public Works Director Gaster the estimated cost for the project was $2.1 million dollars. This Resolution will allow us to look for loan and grant opportunities for the project. Motion by Council Member Barfield and seconded by Council Member McLean to approve the Resolution of Intent for the City to request state loan assistance for this project. Motion unanimously approved. A copy of Resolution (R2017-18) is incorporated into these minutes as Attachment #14. Sole Source Equipment Procurement Agreement Public Works Director Gaster stated this is a request to authorize City Staff to sole source equipment procurement when replacing the travelling water screen at the City's raw water pumping station at the A. B. Uzzle Water treatment Plant. The existing travelling water screen is an US Filter Envirex System that was installed in 1999 and is in dire need of replacement. The initial unit and this unit have proven to be very effective and durable in a very harsh environment. It is the desire of the City staff to replace this unit with a similar screen made from stainless steel that will fit into the existing concrete structure. US Filter has been acquired by EVOQUA Water Technologies which continues to manufacture and support the original Envirex product line. The benefits to installing the Envirex System include: • Direct -fit compatibility with the existing concrete structure • Operator familiarity with equipment • Proven durability of existing equipment • Established relationship with vendor's field staff The cost of the equipment is approximately $115,000 and the City would go out to bid for the removal of the existing equipment and the replacement of the new piece of equipment, which will entail a large crane and large staff. We are also looking at materials that will last longer than the current piece of equipment. Council Member Turnage asked if the $115,000 cost of the project is currently in the 2017-2018 budget. Finance Director Stephens stated the aeration project and infiltration project would be loan/grants. We would like to do a Budget Amendment and pull it out of the Fund Balance. It looks like we will end the fiscal year 2016-2017 with a surplus in the water and sewer fund. Motion made by Council Member Turnage and seconded by Council Member Maness to agree to allow staff to sole source equipment procurement when replacing the travelling water screen at the City's raw water pumping station. Motion unanimously approved. Approval of Limited English Proficiency Language Access Plan City Manager Neuschafer stated as the City continues to seek funding, the Federal Government is requiring all agencies applying for loans/grants to have an updated Limited English Proficiency Language Access Plan. The USDA has reviewed and approved the plan as written. Motion by Council Member Maness and seconded by Council Member Turnage to approve the Limited English Proficiency Language Access Plan. Motion unanimously approved. A copy of the Limited English Proficiency Language Access Plan is incorporated into these minutes asAttachrnent #15. Voting Delegate for 2017 NCLM Business Meeting The Annual Business Meeting of the North Carolina League of Municipalities will be held at 3:00 p.m. on Friday, September 22, 2017 at the Greenville Convention Center, Greenville, NC. Any Municipality that plans to attend must have their governing board authorize a voting delegate and an alternate voting delegate to attend this meeting in order for them to cast a vote. City Manager Neuschafer will be attending the NCLM Annual Conference in Greenville, NC. Motion by Council Member Barfield and seconded by Council Member Turnage to designate City Manager Neuschafer as voting delegate for the 2017 NCLM Annual Business Meeting. Motion unanimously approved. Non -Profit Applications Motion by Council Member Turnage and seconded by Council Member Barfield that the City does not exceed the $20,000 approved in the current budget for non-profit organizations requesting support from the City and that amount be divided as follows based upon the submitted requests justifications: • Dunn Area History Museum - award $10,000 • Habitat for Humanity of Harnett County — award $5,000 • Special Olympics of Harnett County — award $3,000 • Harnett Regional Theatre — award $2,000 All the documentation needs to be in place prior to release of the donations. Motion approved with Council Member's Maness, McLean, Tart, Turnage and Barfield voting "aye" and Council Member McNeill voting "nay". ITEM FOR DISCUSSION AND/OR DECISION Financial Report Finance Director Mark Stephens provided the following financial report for the period ending July 31, 2017: • The City as of July 31, 2017 had $2,359,178 in cash in the General Fund and $2,537,805 in the Water and Sewer Fund. In July 2016 the City had $2,016,150 in the General Fund and $2,011,601 in the Water and Sewer Fund. • Property Tax collections through July were $0.00 or 0% of budget. Last year property tax collections through June were $0.00 or 0% of budget. • Sales Tax Revenue is $0.00 or 0% of budget. Benchmark for the month is 0% of budget. • Utilities Sales Tax is $0.00 or 0% of budget. Benchmark for this month is 0% of budget. • Building Permit Fees were $5.568 or 8.56% of budget. Benchmark for this month is 8.33% of budget. • Water and Sewer Revenues were $374,411 or 7.88% of budget. Benchmark for this month is 8,33% of budget • Expenditures were 6,99% of budget in the general fund and 5,65% of budget in the water and sewer fund. The benchmark for this period is 8.33% of budget. Motion by Council Member Tart and seconded by Council Member McLean 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 Barfield to accept the Administrative Reports. Motion unanimously approved. City Manager's Report City Manager Neuschafer noted the following: • We currently have three projects with FEMA: 1. One is at Tyler Park, which is almost complete. 2. There is one on S. McKay Avenue that is pending and a contract has been signed 3. There is the sewer line on Carolina Drive and we are waiting on the final design from the engineer on the sewer line that was damaged • We have a Brownfields Project that will be closing the sheet next to Sherry's Bakery within the next week or two and we have notified the business owners. There is an underground tank that is in the street right-of-way that we will be moving with the Brownfields funds. • There is an NCDOT project on Erwin Road that is going to dead end a water line for the future bridge replacement. That will leave 11 residents and 1 business without water for a short period of time. We have supplied them with water and they are aware of the project. Y We were awarded a PARTF Grant hi the amount of $254,592 and we are still working with the Parks & Recreation Authority to reach our goal of $350,000 Finance Director Stephens gave a brief update from the Finance Department A copy of the report is incorporated into these minutes as Attachment 416. ►Ifq►`C@ J►CN7o rL�i�RM The following announcements and/or comments were made. Mayor Harris: ➢ Grand Celebration for two milestones — Triangle South Enterprise Center — 30 years of service and the Magnolia School — 100 years of existence, Wednesday, September 20, 2017 from 4:00 p.m. to 6:00 p.m. at 600 S. Magnolia Avenue. ➢ The Annual Business Fest is Tuesday, September 26, 2017 from 10:30 to 4:30 p.m. at the Dunn Community Building 205 Jackson Road The next regular City Council Meeting is scheduled for Tuesday, October 10, 2017 @ 7:00 p.m. Council Member Barfield inquired about appointing Recreation applicants City Manager Neuschafer asked for direction from the Council as to what they wanted to be brought back at the next meeting. The Board has met and made some ordinance recommendations governing the Recreation Board. Once there is clarification if there will be any changes then we will have direction on Board appointments. Council Member Tumage asked if there was a utility in having a Recreation Advisory Committee, then the Parks and Recreation Director come to the next Council Meeting and recommend it or not. If the group says they still need to have one, then they come with specifics as to what they do and have a set meeting schedule. Mayor Harris stated he feels the City needs the Advisory Board but it also needs to be effective and leadership from the Recreation Department. Council Member Maness has a concern about operating under rules and regulations that no longer pertain and that was for a Commission before the City took it over and funded it. Council Member McLean would like to City Manager and Recreation Director to come up with a resolution and bring it before Council. Motion by Council Member McLean and seconded by Council Member Barfield to adjourn the meeting at 8:23 p.m. Motion unanimously approved. OscarN. Harris Mayor Attest: Jennifer M. Fortin, CMC City Clerk 1 1ity CouncilAgenda 1 1 ® eetin _ Date-, October 1989 �(2073 1989*2fi13 SUBJECT TITLE: Proclamation — National Friends of Libraries LLibraries Presenter: Department: Administration Attachment: X Yes No Description: National FrProclamation Public Nearing Advertisement Date: PURPOSE: Attached you will find a proclamation designating October 15-21, 2017 as National Friends of Libraries Week. BACKGROUND: BUDGETIMPACT: RECOMMENDATIONIACTION REQUESTED: l - Ff mw 1 iJ no WHEREAS, Friends of the Dunn Public Library raise money that enables our library to move from good to great - providing the resources for additional programming, much needed equipment, support for children's summer reading, and special events throughout the year; and WHEREAS, the work of the Friends highlights on an on -going basis the fact that our library is the cornerstone of the community providing opportunities for all to engage in the joy of life-long learning and connect with the thoughts and ideas of others from ages past to the present; and WHEREAS, the Friends understand the critical importance of well -funded libraries and advocate to ensure that our library gets the resources it needs to provide a wide variety of services to all ages including access to print and electronic materials, along with expert assistance in research, readers' advisory, and children's services; and WHEREAS, the Friends' gift of their time and commitment to the library sets an example for all in how volunteerism leads to positive civic engagement and the betterment of our community; NOW, THEREFORE, BE IT RESOLVED THAT 1, Oscar N. Harris, Mayor, and members of the City Council proclaim October 15-21, 2017, as Friends of the Library week in Dunn, North Carolina and urge everyone to join the Friends of the Library and thank them for all they do to make our library and community so much better. This the loth day of October, 2017. Oscar N. Harris, Mayor ATTEST: Jennifer M. Fortin, City Cleric LOU UN aits of d,um 1 ► City Council Agenda Form t r Meeting Date: October 10. 2017 1989 * 2013 1989 * 2013 SUBJECT TITLE: Consideration of Resolution Urging a Safe and Courteous Halloween on Tuesday, October 31, 2017 Presenter: City Manager Neuschafer Department: Admin. Attachment: X Yes No Description.: Resolution Public Hearing Advertisement Date: PURPOSE: To urge residents of the City of Dunn to observe a safe & courteous Halloween on Tuesday, October 31, 2017 and children under the age of 13 participate in Trick -or -Treating from 5:00 p.m. until 8:30 pm. BACKGROUND: BUDGETIMPACT: RECOMMEN DATIONIACTION REQUESTED: ®1v � ft U-7m� uorth�•aTrot�tn1a 0l V1 V 2J/Gw MID!(LilL iROftrS 0 (90 The Dunn City Council Urging Residents to Observe a Safe & Courteous Halloween BE IT RESOLVED BY THE City Council of the City of Dunn that residents who desire to participate in traditional Halloween Trick -or -Treating observe certain safety, courtesy and common sense guidelines to protect participants and preserve the peace for non -participants. And, be it resolved that the City Council suggests the following guidelines: (1) That Halloween Trick -or -Treating should take place on Tuesday, October 31, 2017 and should be restricted to children under the age of 13. (2) That all children taking part in Trick -or -Treating should be clothed in safe costumes, featuring materials that can be seen in the dark by motorists and masks that do not obstruct the children's vision. (3) That all children or groups of children taking part in Trick -or -Treating should be accompanied by a responsible older person who can protect the children from harm. (4) That Trick -or -Treating be conducted during reasonable hours, preferably between 5:00 p.m. and 8:30 p.m. (5) That those who choose not to participate in Halloween indicate so to others by leaving thew porch lights off; and, that participants respect the wishes of those who choose not to participate in Halloween by not visiting homes where porch lights are off. (6) That children Trick -or -Treat in their own neighborhoods, visiting only familiar homes. (7) That parents and/or guardians inspect collected treats carefully before they are consumed by children, (8) That suspicious activities or collected treats that show signs of tampering be reported immediately to the Dunn Police Department. (9) That teenagers (ages 13-19) refrain fiom participating in Trick -or -Treating. Adapted 56b, tke 1016 Dcuy of OcWvc, 2017, Oscar N. Harms, Mayor Attest: Jennifer M. Fortin, City Clerk DUNN a- north ensoline gy g�lq Fig D UNNAll•6mericaCitp AtFAxteeieaCitf 1 1 I City/ Council .geed Farm ® Meeting ate: October 10, 2017 IY89 '20/9 1989*2013 SUBJECT TITLE: Consideration of Resolution and Order to Permanently Close the Public Street Between Cooke Street on the Western Side of 204 Cooke Street at the Gate Entering the Storage Facility and S. Wilson Avenue from Duke Street to Cooke Street Presenter: City Manager Neuschafer Department: Admin. Description: Resolution and Order w/map Attachment: X Yes No Alley Closing Petition Public Hearing Advertisement Date: September 18th & 25th, 2017 & October 2nd & 101h, 2017 40 PURPOSE: The Resolution of Intent to close the above referenced street was adopted by the City Council on September 12, 2017 and the public hearing was held tonight. Should Council wish to proceed with the closing of this street, a Resolution and Order is attached for consideration. Also the petition requesting closure of this street from all abutting property owners and a map of the area is included for your review. BACKGROUND: BUDGETIMPACT: RECOMMENDATION/ACTION REQUESTED: Motion to adopt the Resolution and Order to close the public Street between Cooke Street on the western side of 204 Cooke Street at the gate entering the storage facility and S. Wilson Avenue from Duke Street to Cooke Street. north caroling Mayor Oscar N. Harris Mayor Pro Tern Billy Barfield IL -.401F Council Members UNN Buddv Maness Dr. dwen city of d u n n Frank McLean McNeill Billy Tart POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 Chuck Turnage (910) 230-3500 • FAX (910) 230-3590 City Manager www.dunn-ne.org Steven Neuschafer RESOLUTION AND ORDER THIS MATTER came before the City Council of the City of Dunn on the 12"' day of September, 2017. After conclusion of the proceedings, the City Council finds the following: 1. This is a petition for the closing of the City's right-of-way of the PUBLIC STREET BETWEEN COOK STREET ON TILE WESTERN SIDE OF 204 COOK STREET AT THE GATE ENTERING THE STORAGE FACILITY AND S. WILSON AVENUE FROM DUKE STREET TO COOK STREET (AS SHOWN ON THE ATTACHED MAP "EXHIBIT A"). 2. The City Council met on September 12, 2017 at which time they by unanimous vote, adopted a resolution declaring the intent to permanently close the street, more particularly described above. 3. The Council further set a public hearing on this question for the loth day of October, 2017 at 7:00 p.m. in the Municipal Building at City Hall. 4. The resolution declaring an intent to permanently close the PUBLIC STREET BETWEEN COOK STREET ON THE WESTERN SIDE OF 204 COOK STREET AT THE GATE ENTERING THE STORAGE FACILITY AND S. WILSON AVENUE FROM DUKE STREET TO COOK STREET was published once a week for four consecutive weeks prior to the hearing. A copy thereof was sent by registered or certified mail to all owners of property adjoining this property as was shown on the county tax record. IDUNN kll�A®eNea City 1 1m4re C' 1989*M3 5. A notice of the closing and public hearing was prominently posted in at least two places along the property. 6, The property in question was not under the authority and control of the Department of Transportation and therefore it was not necessary to forward a copy of the resolution to the Department of Transportation. T The public hearing commenced at the scheduled time on October 10, 2017. 8. The closing would not be detrimental to the public interest or the property rights of any individuals. BASED ON THE FOREGOING FINDINGS OF FACT, it is concluded to the satisfaction of the City Council that closing the described right-of-way is not contrary to the public interest and no individual owning property in the vicinity of the property would be deprived of reasonable means of ingress and egress to its property. IT IS THEREFORE RESOLVED AND ORDERED by the City Council at the meeting duly assembled on October 10, 2017 that: 1. The right-of-way designation of the PUBLIC STREET BETWEEN COOKE STREET ON THE WESTERN SIDE OF 204 COOKS STREET AT THE GATE ENTERING THE STORAGE FACILITY AND S. WILSON AVENUE FROM DUKE STREET TO COOKE STREET be closed. 2. By the closing of this street the City of Dunn does hereby close the street as a public thoroughfare, the City does reserve an easement in the same for purposes of maintenance of public utilities including but not limited to storm water, water, and sewer lines. 3. The City of Dunn reserves its right, title and interest in any utility improvement or easement within this property closed pursuant to this Order. 4. This Order shall be filed in the office of the register of Deeds of Harnett County, North Carolina. IN WITNESS WHEREOF, the City of Dunn has caused this Resolution and Order to be signed in its corporate name by its Mayor, attested to by authority of the City Council duly given on the 10' day of October, 2017. Oscar N. Harris, Mayor ATTEST: Jennifer M. Fortin, CMC City Clerk PETITION REQUESTING THE CLOSING OF A PUBLIC STREET OR ALLEY In accordance with GS 160A-299 P. O. Box 1065, Dunn NC 28335 910/230-3505 Date: /&/9 We, the undersigned owner(s) of adjacent property, do hereby request the City of Dunn to close the following 2rstreet or ❑ alley or portion(s) thereof: / - 000/LE �6'e a� Ces�ic� Si Gfzz� OtgLf S-r' o C' �(c-IE_<,i. A street/alley closing fee in the amount of $500.00 is hereby enclosed. Petitioner Contact Information: Name: State Zip (Make additional copies if necessary) Individual: Name: Address: (/sbx XU029 Signature(s): Individual: Name: Address: Signature(s): Individual: Name: Address: Signature(s): Individual: Name: Address: Signature(s): (Make additional copies if necessary) Limited Liability Company(ies) Company(ies) Name: u Srd't" ll i CY Address: U� �u lggo pkJ e�0—, � 5� By: Si �2 U nage ember Signature: N Limited Partnership(s): Partnership Name: Address: By: Managing Partner(s) Signature: Partnership(s): Partnership(s) Name: Address: By: Partner IC Partner Signature: Managing Partner(s) Partner Partner Corporation: Corporate Name: Address: By: Name Title Signature: Attest: SEAL Secretary Harnett C G U N T Y Find address or place 01, fV -g-m 0 -41 m. eee -� Eta 35.302 -78.615 Degrees County GIS' 3ral,ik'?R=Piz . City Council Agenda a Y`Form Meeting Date: October 10, SUBJECT TITLE: Consideration of Ordinance to Demolish House 803'/z N. Magnolia Ave., PIN # 1516.88.5976.000 Presenter: Chief Building Inspector Steven King Attachment: X Yes ❑ No Public Hearing Advertisement Date: 09/28/17 & 10/03/17 171IN9CI Ordinance to Demolish Property Correspondence to property owner Photoaraohs of oroperty Chief Building Inspector Steven King has conducted an inspection of 803% N. Magnolia 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 Chief Building Inspector also found the dwelling dangerous or prejudicial to the public health or public safety and is a nuisance in violation ofG.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-432, 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 803'% N. Magnolia Ave., an ordinance (which is attached) would need approval directing the Chief Building Inspector to remove or demolish said structure. BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Motion to adopt the ordinance directing the Chief Building Inspector to proceed with the demolition of the dwelling located at 803% N. Magnolia Ave. (PIN # 1516-88-5976.000) f s ry y Rum- citv of dunn POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3505 • FAX (910) 230-9005 www.dunn-nc.org Mayor Oscar N. Harris Mayor Pro Tern Billy Barfield Council Members Buddy Maness Dr. Gwen McNeill Frank McLean Billy Tart Chuck Tannage 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 June 29, 2017 the Chief Building Inspector for the City of Dunn sent a notice to James Herring c/o Laverne Hering Heintz, the owner(s) of record of property located at 803 '% N. Magnolia 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 July 7, 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 July 7, 2017 a hearing was conducted by the Chief Building Inspector Steven Ding. 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 September 10, 2017; and WHEREAS, the owner of the above described property did not appeal the Order of the Building Inspector within the ten (10) daytime period prescribed in North Carolina General Statute § 160A- 430 and such Order is therefore a final Order; and WHEREAS, on September 28, 2017 and October 3, 2017, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on October 10, 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 July 12, 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: 803'% N. Magnolia Ave., Dunn, NC 28334 PIN #: 1516-88-5976.000 PARCEL ID # 02151608340003 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 12a' day of July, 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 properly 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 10' day of October, 2017 Oscar N. Harris, Mayor Attest: Jennifer Fortin City Clerk sD nortli carolit PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 ^ DUNN, NORTH CAROLINA 28335 (910) 230-3505 ^ FAX (910) 230-9005 www.dunn-ne.org PROPERTY HISTORY: 803'/z N. Magnolia Ave. (PIN#: 1516-88-5976.000) Owner:, James Herring C/O Lavorme Hering Heintz March 21, 2017 —Property inspected and condemned. Mayor Oscar N. Harris Mayor Pro Tem Billy Barfield Council Members Buddy Maness Dr. Gwen McNeill Frank McLean Billy Tail Chuck Turnage City Manager Steven Neuschafer March 24, 2017 —Condemned Notice sent to Mr. James Hering C/O Lavonne H. Heintz notifying them of hearing date of March 31, 2017 at 3:30 pm. March 31, 2017 — Hearing was held with no party of interest or owner in attendance. April 7, 2017 —Order after Hearing letter mailed to owner(s) stating they 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. April 11, 2017 — Received fast class and certified letters back from Post Office and undeliverable. Research done to find current address of owner(s). Being both letters came back, the process will have to be started over. June 29, 2017 — Condemned Notice sent to Mr. James Hering C/O Lavonne H. Heintz notifying them of hearing date of July 7, 2017 at 2:00 pm. July 7, 2017 — Hearing was held with no party of interest or owner in attendance. July 12, 2017 —Order after Hearing letter mailed to owner(s) stating they 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. July 22, 2017 — Deadline for appeal. No appeal has been received. September 10, 2017 — Sixty (60) days expires. No response from owner(s) have been made. September 26, 2017 — Follow-up inspection made and pictures taken of current property conditions. October 10, 2017 —Scheduled to be heard at City Council Meeting. L5 J .} ,n�V Tth�onTa�llnTa DUNS l 11 ill u of rti n ca city Council Agenda Form � i Meeting_ e 1 a i^xs�$8n1a lre�w �'�n 1.3 SUBJECT TITLE: Consideration of Ordinance Declaring Property Unfit for Human Habitation — 1002 N. Fayetteville Ave.— PIN #1517.70.8361.000 - PARCEL #02151719010021 Presenter: Chief Building Inspector Steven Kin Department: Planning & Inspections Description: Ordinance Declaring the Property Attachment: X Yes No Herein Described As Unfit for Human Habitation, Photographs of subject Property Public Hearing Advertisement Date: 9/28/17 & 10/3/17 PURPOSE: Chief Building Inspector Steven King has conducted an inspection at 1002 N. Fayetteville Ave., and found the structure in a deteriorated condition that does not meet the requirements of the City of Dunn Minimum Housing Code (MHC). The Chief Building Inspector also found the property dangerous or prejudicial to the public health or public safety and is a nuisance in violation of N.C.G.S.160A-193. The owner of the property has failed to comply with the Chief Building Inspector's order to bring the structure on the property into compliance with the City of Dunn MHC and pursuant to N.C.G.S. 160A-443, the City Council has the authority to direct the Chief Building Inspector to post on the main entrance of the property a placard that states "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful". If the owner of the property has not repaired, altered or improved the property to bring it into compliance with Section 4-31 of the Dunn City Code within twelve (12) months of the adoption of this ordinance, the Building Inspector is directed to bring the matter back before the City Council for further consideration of remedies available to the City of Dunn under N.C.G.S. 160A-443. BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Motion to adopt the Ordinance Declaring the Property located at 1002 N. Fayetteville Ave., (PIN# 1517-70-8361.000) as Unfit for Human Habitation Pursuant to N.C.G.S. 160A-441, ET SEQ. north caroling Mayor Oscar N. Harris Mayor Pro Tem Of Billy Barfield Council Members Buddy Maness city of B u n n Dr. Gwen McNeil Frank McLean Billy Tart POST OFFICE BOX 1065 a DUNN, NORTH CAROLINA 28335 Chuck Tumage (910) 230-3500 ^ FAX (910) 230-3590 City Manager www.dunn-ne.org Steven Neusehafer AN ORDINANCE DECLARING THE PROPERTY HEREIN DESCRIBED AS UNFIT FOR HUMAN HABITATION PURSUANT TO N.C.G.S. §160A-441, ET SEQ. WHEREAS, that on April 28, 2017 the Chief Building Inspector for the City of Dunn sent a notice to Quality Capital, LLC, the owners of record of the property located at 1002 N. Fayetteville Ave., that the property was in a condition that does not meet the requirements of the City of Dunn Minimum Housing Code and served on the property owner of Complaint and Notice of Hearing, that a hearing would be held on May 17, 2017, at the office of the Building Inspector located at 102 North Powell Ave., Dunn, North Carolina pursuant to North Carolina General Statute § 160A-441, et seq.; and WHEREAS, on May 17, 2017, attending the hearing was Chief Building Inspector Steven Ding and Angela Chigail and following the completion of the hearing, the Building Inspector entered an Order, pursuant to North Carolina General Statute § 160A-443, declaring that the property referenced above was deteriorated pursuant to the City of Dunn Minimum Housing Code and ordering the property owner to bring the structure on the property into compliance with the City of Dunn Minimum Housing Code within ninety (90) days of the date of such Order, being August 17, 20t7 and if necessary, that the property be vacated until the repairs, alterations and improvements to the property were made to bring such property into compliance with the City of Dunn Minimum Housing Code as set forth in Section 4-31 of the Dunn City Code; and DUNN 1 I c Stu! �4R9�IOII WHEREAS, the owner of the above described property did not appeal the Order of the Chief Building Inspector within the ten (10) day time period prescribed in Section 4-31 of the Dunn City Code such Order is therefore a final Order; and WHEREAS, on September 28, 2017 and October 3, 2017, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on October 10, 2017, to consider the adoption of this Ordinance, directing the Chief Building Inspector to post on the main entrance of the property a placard that states: "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful;." and WHEREAS, the City Council of the City of Dunn, NC finds that the dwelling described herein is unfit for human habitation and that the Chief Building Inspector shall post the main entrance of such property with the placard provided for herein; and WHEREAS, the owner of this dwelling has been given a reasonable opportunity to repair the dwelling pursuant to an Order issued by the Chief Building Inspector on May 19, 2017, and the owner has failed to comply with the Order; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dunn, North Carolina, that: Section 1. The Building Inspector is hereby authorized and directed to place a placard on the main entrance of the building located on the property described herein, containing the legend: "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful." on the building located at the following address: 1002 N. Fayetteville Ave, Dunn, NC 28334 PIN #: 1517-70-8361.000 PARCEL ID#: 02151719010021 Section 2. It shall be unlawful for any person to remove or cause to be removed the placard from any building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the occupancy of any building therein declared to be unfit for human habitation. Occupation of the building once posted with said placard shall be Class 1 misdemeanor pursuant to North Carolina General Statute § 160A-443. Section 3. This ordinance shall become effective upon its adoption, Section 4. If the owner of the property described herein has not repaired, altered or improved the property to bring it into compliance with Section 4-31 of the Dunn City Code within twelve (12) months of the adoption of this Ordinance, the Building Inspector is directed to bring the matter back before the City Council for further consideration of remedies available to the City of Dunn under North Carolina General Statute § 160A443. Adopted this the 10th day of October, 2017 Oscar N. Harris Mayor Attest: Jennifer Fortin City Clerk - D U'lor"N"c"'Nol"a LW city of duyin PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3505 e FAX (910) 230-9005 www.dunn-nc.org PROPERTY I3ISTORY: 1002 N. Fayetteville Ave. Owner: Quality Capital, LLC Mayor Oscar N. Hams Mayor Pro Tern Billy Barfield Council Members Buddy Maness Dr. Gwen McNeill Frank McLean Billy Tart Chuck Tumage City Manager Steven Neuschater April 10, 2017 — Minimum Housing Petition received fi-om tenant, Ms. Tiffany McClarin, requesting that a minimum housing inspection be performed. April 12, 2017 — Minimum Housing inspection performed by Mike Blackmon. April 28, 2017 — Complaint and Notice of Hearing letter sent to Quality Capital, LLC informing them of the hearing date of May 9, 2017 at 2:00 pm. Certified letter was received by Quality Capital, LLC employee on May 1, 2017. May 17, 2017 — The original heating date of May 9' was rescheduled by Property Manager, Angela Chiquil. Hearing was held at 3:00 p.m. by Steven King with Property Manager, Angela Chiquil, in attendance. May 19, 2017 — Order and Finding of Fact letter mailed to Quality Capital, LLC informing them that a hearing was held and ninety (90) days were being granted to make the necessary repairs. May 29, 2017 — Deadline for appeal. No appeal has been received. August 17, 2017 — Ninety (90) days expires with no permits issued or follow-up inspection requested. September 18, 2017 — Exterior inspection done on house with no significant repairs made. September 25, 2017 — Public Notice hearing sent to Quality Capital, LLC informing them that this property will be going to the October 1 Ott', 2017 City Council Meeting. September 29, 2017 — Exterior pictures taken for City Council Meeting. October 10, 2017 — Scheduled to be heard at City Council Meeting. Yr r a a � c 3 x � . ✓ten, x r td HNl 14/Ipi� 1 }� M � � v s K zy om t6 .nrolinn DUNN 11 'i1 �T�T DUNN dcl �.'t �! r as cin h City Council Agenda Forme p® �p ® �6¢ rosr#you ivxr#wu Meeting ei tin Mime October 10, 2017 SUBJECT TITLE: Consideration of Ordinance to Demolish Structure — 510 Spring Branch Road PIN #:1516.71.5790.000 Presenter: Chief Building Inspector Steven King Department: Planning & Inspections Description: Property History Attachment: X Yes ❑ No Updated photographs of property Public Hearing Advertisement Date: PURPOSE: Chief Building Inspector Steven King has conducted an inspection at 510 Spring Branch Road and based upon his observations, the structure is in a condition that constitutes a fire and health hazard. The Building Inspector also found the structure dangerous or prejudicial to the public health or public safety and was condemned. The owner of the property has failed to comply with the Building Inspector's order and according to N.C.G.S. § 160A-443, the City Council has the power to proceed with the demolition of this property. This matter was tabled at the January 2017 Council Meeting to be brought before the City Council at the March 2017 Council Meeting to allow the property owner and prospective buyer to make additional repairs on the structure and to obtain a legal agreement to achieve certain milestones by specific dates. Since the March 2017 Council Meeting, the property owner and prospective buyer have completed some of the required repairs. On March 14, 2017 a Condemnation Estoppell and Hotel Investment Agreement was made and signed by the City of Dunn Mayor, Oscar N. Harris and New Dunn Hotel, LLC, Amar N. Patel, Manager. On July 11, 2017, the City Council agreed to table this matter until October 2017 in order for Mr. Patel to obtain ownership of the property and obtain a building permit. As of October 2, 2017, neither has been accomplished. Should Council decide to proceed with the demolition of the structure at 510 Spring Branch Road, an ordinance (which is attached) would need approval directing the Building Inspector to remove or demolish said structure. BACKGROUND: BUDGETIMPACT: RECOMMENDATION/ACTION REQUESTED: Allow 30 days for purchasing of property and obtaining building permits. city of dunn POST OFFICE BOX 1065 ^ DUNN, NORTH CAROLINA 28335 (910) 230-3505 - FAX (910) 230-9005 www.dunn-ne.org Mayor Oscar N. Harris Mayor Pro Tern Billy Barfield Council Members Buddy Maness Dr. Given McNeill Frank McLean Billy Tart Chuck Tmnage CityManager Steven Neuschafer AN ORDINANCE DIRECTING THE BUILDING INSPECTOR TO REMOVE OR DEMOLISH THE STRUCTURE HEREIN DESCRIBED AS AN UNSAFE BUILDING CONDEMNED PURSUANT TO N.C.G.S. §160A-426, ET SEQ. WHEREAS, that on October 12, 2016, the Chief Building Inspector for the City of Dunn sent a notice to Munishree, LLC, the owner(s) of record of structure located at 510 Spring Branch Rd., noting that the structure was in a condition that constitutes a fire and safety hazard, and is dangerous to life, health and property and was thereby condemned, pursuant to North Carolina General Statute §160A-426, and noticed the property owner of a hearing on October 20, 2016 at the office of the Chief Building Inspector located at 102 North Powell Ave., Dunn, North Carolina pursuant to North Carolina General Statute § 160A- 428; and WHEREAS, on October 20, 2016, a hearing was conducted by the Chief Building Inspector Steven King with Suresh Patel, Property Owner, Property Representative, Amar Patel and Samantha Wullenwaber, Planning Director, present. Following the completion of the hearing, the Chief Building Inspector entered an Order, pursuant to North Carolina General Statute §160-429, declaring that the structure referenced above is in a condition that constitutes a fire or safety hazard and is dangerous to life, health or other property and ordering the property owner to repair or demolish the structure on the property within sixty (60) days of the date of such Order, being December 19, 2016; and WHEREAS, the owner of the above described property did appeal the Order of the Chief Building Inspector within the ten (10) day time period prescribed in North Carolina General Statute § 160A- 430 and such Order is therefore a final Order; and WHEREAS, Motion by Council Member, Buddy Maness and seconded by Council Member, Chuck Trunage to uphold the condemnation order issued by the Building Inspector giving the current property owner 60 days to make corrective action; and WHEREAS, on December 30, 2016 and January 6, 2017 the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on January 10, 2017 to consider the adoption of this Ordinance, directing that the Chief Building Inspector proceed with the demolition of the structure described hereby, and that all costs incurred shall be a lien against such property, pursuant to North Carolina General Statute § 160A-432; and WHEREAS, the City Council of the City of Dunn, NC finds that the structure described herein is dangerous or prejudicial to the public health or public safety and is a nuisance in violation of North Carolina General Statute §160A-193; and WHEREAS, this structure should be removed or demolished, as directed the Chief Building Inspector, and is an unsafe building condemned as set forth in North Carolina General Statute § 160A-426 and constitutes a fire and safety hazard; and WHEREAS, the owner of this structure has been given a reasonable opportunity to repair or demolish the dwelling pursuant to an Order issued by the Chief Building Inspector on October 21, 2016 and the owner has failed to comply with this order; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dunn, North Carolina that: Section 1. The Building Inspector is hereby authorized and directed to place a placard on the exterior of the property described herein, containing the legend: "This building is unfit for human habitation and is a public nuisance; the use or occupation of this building for human habitation is prohibited and unlawful." On the building at the following address: 510 Sprin¢ Branch Rd., Dunn, NC 28334 PIN #: 1516-71-5790.000 PARCEL ID # 02151612220014 Section 2. The Chief Building Inspector is hereby authorized and directed to proceed to remove or demolish the above described structure in accordance with his Order to the owner thereof dated the 21sr day of October, 2016 and in accordance with North Carolina General Statute § 160A-432, based on the owner's failure to comply with such Order. Section 3. (a) The cost of removal or demolition shall constitute a lien against the real property upon 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 Chief Building Inspector shall sell the useable materials of the structure and any personal property, fixtures, or appurtenances found in the building and credit the proceeds against the cost of removal or demolition. The Chief Building Inspector shall certify the remaining balance to the Tax Collector. If a surplus remains after sale of the materials and satisfaction of the cost of removal or demolition, the Chief Building Inspector shall deposit the surplus with the Harnett County Cleric of Superior Court where it shall be secured in the manner provided by North Carolina General Statute § 160A-432. Section 4. It shall be unlawful for any person to remove or cause to be removed the placard from any building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the occupancy of any building therein declared to be unfit for human habitation. Section 5. This ordinance shall become effective upon its adoption Adopted this the 10a' day of October, 2017 Oscar N. Harris, Mayor Attest: Jennifer Fortin City Cleric INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 a DUNN, NORTH CAROLINA 28335 (910) 230-3505 o FAX (910) 230-9005 www.dunn-nc.org PROPERTY HISTORY: 510 Spring Branch Road (PIN #: 1516-71-5790.000) Owner: Suresh Patel/Amar Patel Mayor Oscar N. Harris Mayor Pro Teri Billy Barfield Council Members Buddy Maness Dr. Gwen McNeill Frank McLean Billy Tart Chuck Tmnage City Manager Steven Neuschater October 12, 2016 — The structure known as Highway Inn was condemned due to flooding from Hurricane Matthew. A Condemnation Notice was sent to owner, Suresh Patel and potential buyer, Amar Patel notifying them of a hearing which was scheduled for October 20a`, 2016 at 3:00 pm. October 20, 2016 — Hearing was held at 102 N. Powell Ave. Condemnation process was explained to Mr. Suresh Patel and Mr. Amar Patel as well as the appeal process. October 21, 2016 — Order after hearing letter was mailed to Mr. Suresh Patel and Mr. Amar Patel advising him to remedy the defective conditions within sixty (60) days. Also, a letter outlining the appeal process was mailed at this time. October 27, 2016 — The City of Dunn Inspections Department and City Clerk received appeal letter from Mr. Suresh Patel and Mr. Amar Patel. The Appeal Heating was scheduled for the next City Council meeting date of November 8a', 2016. November 8, 2016 — Mr. Suresh Patel and Mr. Amar Patel asked for additional time to make the repairs to the structure at 510 Spring Branch Road. City Council denied their request and upheld the Chief Building Inspector's decision and the original sixty (60) day time period December 19, 2016 — Original sixty (60) daytime period expires for malting repairs or demolishing structure. December 30, 2016 —Notice of Public hearing scheduled for the January 10', 2017 City Council Meeting sent to Mr. Suresh Patel and Mr. Amar Patel. January 10, 2017 — Property is scheduled to be heard before the City Council to adopt ordinance directing the inspection department to remove or demolish unsafe building. DUNN anaae�c�em f s r JanuarV 10, 2017 — Property was discussed by City Council and additional time was granted for work to continue and an agreement to be composed and approved by City Council at the March 2017 Council meeting. March 1, 2017 — Site visit performed to take pictures and inspect progress on building. A lot of the rooms and hallways have all interior components removed. (i.e. electrical, walls, carpet, plumbing, etc.) The rooms, hallways, and exterior were being pressure washed and cleaned. March 2, 2017 — Received update from Mr. Amar Patel concerning the progress and agreement for City Council to review and approve. Mr. Patel is currently taking bids for construction and materials for the renovation of the motel. Mr. Patel informed us that the agreement has not been completed at this time. March 14, 2017 —March City Council meeting to take place. A Condemnation Estoppell and Hotel Investment Agreement approved by City Council. June 8, 2017 —Site visit performed to check on current status of motel. July 11, 2017 —City Council Meeting to take place. City Council agreed to grant Mr. Amar Patel until the October 2017 Council Meeting to obtain ownership of motel and obtain building permits. September 27, 2017 — Mr. Amar Patel dropped off final set of plans for review. October 3, 2017 — Final set of plans reviewed and results have been sent to Mr. Amar Patel. Building permit application has not been received as of this date. October 10, 2017 — October City Council meeting to take place. DUNN AIIA®etisa6lty WLV L+ 1999 i 2 3 DUNN — nme], nruJj,,, DUNN 1 1 el tY of tuo®u � 6 7 City Council Agenda i45tkltl Ll I?HbLi L% Meeting Date: October 10, 2017 SUBJECT TITLE: Consideration of Ordinance to Demolish House — 6041606 S. Fayetteville Ave. PIN #: 1516.45.7909.000 Presenter: Chief BuildingInspector Steven King Department: Planning & Inspections Description: Ordinance to Demolish Property Attachment: X Yes ❑ No Photographs of property Inspection 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.G.S. §160A-443, the City Council has the power to proceed with the demolition of this property. This matter was tabled at the May 9, 2017, the July 11, 2017, and the September 12, 2017 Council Meetings to be brought before the City Council at the October 10, 2017 Council Meeting to allow the property owner more time to make repairs on the dwelling. At this time, no additional inspections for repairs have been documented since the March 14, 2017 Council meeting. The repair/renovation of the dwelling remains at approximately 40% completed. Should Council decide to proceed with the demolition of the dwelling at 6041606 S. Fayetteville Ave., an ordinance (which is attached) would need approval directing the Building Inspector to remove or demolish said structure. 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). Mayor ® north CaYOl1I1a Oscar N. Hams Mayor Pro Tern NN Billy Barfield city of d u n e Council Members Buddy Maness POST OFFICE BOX 1065 ^ DUNN, NORTH CAROLINA 28335 F r. Gwen McNeill Frank McLean (910) 230-3505 e FAX (910) 230-9005 Billy Tart Chuck Tumage www.dunn-nc.org City Manager Steven Neuscharer 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 properly 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 Ding, 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) daytime 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 71 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 Cleric of Superior Court where it shall be secured in the manner provided by North Carolina General Statute § 160A-432. Section 4. It shall be unlawful for any person to remove or cause to be removed the placard from any building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the occupancy of any building therein declared to be unfit for human habitation. Section 5. This ordinance shall become effective upon its adoption Adopted this the 10' day of October, 2017 OscarN. Harris, Mayor Attest: Jennifer Fortin City Cleric city of Bunn PLANNING AND INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 ^ DUNN, NORTH CAROLINA 25335 (910) 230-3505 ^ FAX (910) 230-9005 www.dunn-nc.org 604/606 S. Fayetteville Ave. (PIN#: 1516-45-7909,000) Owner: Zelm, LLC - Lee Brown Mayor Oscar N. Harris Mayor Pro Tern Billy Barfield Council Members Buddy Maness Dr, Gwen McNeill Frank McLean Billy Tart Chuck Tumage City Manager Steven Neuscbafer August 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 Mn Brown as well as the appeal process. September 7, 2016 — Order after hearing letter was mailed to Mr. Brown advising hum 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) daytime 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 13tb, 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 13, 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 kzftd kN�CII► (fLr 7lZ 1489 {Y E06 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 4a', and the electrical contractor is scheduled to start on Monday, May 8a', 2017. May 9, 2017 — May City Council meeting to take place. Council voted to grant additional time for repairs until the July 2017 Council Meeting. June 29, 2017 — Spoke with Mr. Brown by telephone to get an update on the property being there has been no progress since the May Council Meeting. He stated that he was having a hard time trying to find contractors since the ones he had originally backed out. He stated he would start installing vinyl siding on the dwelling after July 4a, 2017. July 11, 2017 — July City Council meeting to take place. Council voted to grant additional time for repairs until the September 2017 Council Meeting. September 1, 2017 — Site visit was performed and photos of exterior were taken. September 5, 2017 — Spoke with Mr. Lee Brown by telephone to get an update on the property. Approximately 90% of the vinyl siding has been installed and the electrician is 80% completed on the rough -in. Mr. Brown's mother's passing has delayed progress on the dwelling. He stated he hoped to get back started on it in the coming weeks and was ready to get it completed. September 12, 2017 — September City Council meeting to take place. Council voted to grant additional time for repairs until the October 2017 Council meeting. October 3, 2017 — Met with Mr. Brown at dwelling unit to go over everything that has been done. The electrician is now complete with the rough -in portion and he is still waiting on the plumber to start the rough -in. Mr•. Brown has purchased all the insulation for the house as well as the sheetrock. He is hoping the plumber will start any day. October 10, 2017 — October City Council meeting to take place. 8 SIX a,Y'``� �Y a. ....., t. r tS�U. cc w � R V R_ Updated Photos May 2, 2017 Comparisons November 30, 2016 March 1, 2017 44 �' 6fWY MAW, r, > r w yy�� ii I ✓ e y Y rn' v M Zvi ,�Nz mot,. Leif e^star "p r <v> I u I lm -ml 113 REVIEW. SOME AREAS MAY OR MAY NOT HAVE CHANGES. YOU MAY ' l9-0 5 a I 1 WIN mi won �T•�NN II OI'L�i ill l'�l�l ii.t UN Y fJ [CS! UN, T 6%Cy ULU 1 N � r City CouncilForm(16Y4 i9L5 f9AL@ PdtY MeetingDate. October 10, 2017 SUBJECT TITLE: Ordinance Amendment OA-05-17 ; Chapter 4; Buildings & Building Regulations Presenter: Samantha Wullenwaber Department: Planning& Inspections Attachment: X []Yes ❑ No Description: Text Amendment for Code of Ordinances Public Hearing Advertisement Date: October 4th & 101h, 2017 PURPOSE: This is a request to hereby amend Chapter 4, Buildings and Building Regulations to add the Non -Residential Building Maintenance Code. BACKGROUND: As with all of the text amendments the underlined is new text. The Non -Residential Building Maintenance Code is very similar to the minimum housing code but for all non- residential buildings. It is also commonly referred to as a commercial maintenance code. The code will be used to ensure non-residential buildings are in compliance with current building code standards and the standards listed in this ordinance. City Attorney Tilghman Pope has reviewed the ordinance as presented. fIfil11"91?i i ZT11ti =1 RECOMMENDATION/ACTION REQUESTED: ADOPT the amended ordinance as presented. 02017-_ (OA-05-17) Attachment #_ Adopted: 10-10-17 The City of Dunn Code of Ordinances is hereby amended by revising Chapter 4, Buildings and Building Regulations Chapter 4 - BUILDINGS AND BUILDING REGULATIONS ARTICLE VII. NON-RESIDENTIAL BUILDING MAINTENANCE CODE DIVISION 1. - GENERALLY Sec. 4-179. - Purpose and authority. Pursuant to G.S. 160A-439. it is the purpose of this article to establish minimum standards for the maintenance sanitation and safety of all nonresidential buildings and structures within the corporate limits of the city. This article does not replace or modify requirements or standards otherwise established for the construction, repair, alteration or use of buildings, equipment or facilities, except as provided in this article Sec. 4-180. — Scope and applicability. a) The provisions of this article shall apply to all nonresidential buildings or structures which are now in existence or which may be built within the corporate limits of the city. b) Every nonresidential building or structure and the property on which it is situated shall comply with the provisions of this article whether or not such building or structure shall have been constructed altered or repaired before or after the enactment of this article, and irrespective of any permits or licenses which have been issued for the use or occupancy of the building or structure orfor the installment or repair of equipment orfacilities. Sec. 4-181. Definitions. The following words, terms and phrases when used in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning; Alteration as applied to a building or structure, means a change or rearrangement in the structural parts or in the exit facilities; as enlargement, whether by extending on a side or by increasing in height; orthe moving from one location or position to another; and the term "alter" in its various moods and tenses and its participle refers to the making of an alteration. Approved as applied to a material, device or mode of construction, means approved by the inspector under this article or by other authority designated by law to give approval in the matter in question. Area: (1) As applied to the dimensions of a building means the maximum horizontal projected area of the building. (2) As applied to the dimensions of a room means the total square footage of floor area between finished walls. Basement means a story with 50 percent or more of its cubical volume below finished grade. Building means for the purposes of this article any structure built for the shelter or enclosure of persons animals or property of any kind The term "building" shall be construed as if followed by the phrase "or part thereof." City council means the City Council of the City of Dunn. Close means securing the building or structure so that unauthorized persons cannot gain entrance. Code enforcement official means the person who has been designated by the city manager to enforce this article. Demolish means the demolition and removal of the entire building or structure, leaving the property free and clear of any debris and without holes or pockets which may retain water. Extermination means the control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food by poisoning spraying fumigating trapping or by any other recognized and legal pest elimination methods approved by the inspector. Garbage means waste materials including without limitation the byproduct of animal or vegetable foodstuffs paper, rags cartons boxes wood excelsior, rubber, leather, tree branches, yard waste, tins metals mineral matter, glass crockery, dust and the residue from the burning of wood, coal, coke and other combustible material. Infestation means the presence within or around a building or structure of any insects rodents or other pests in such number as to constitute a menace to the health, safety or welfare of the occupants or public. Inspector means any person who is authorized by the code enforcement official to conduct inspections for the purpose of this article. Nonresidential means any building or structure that is not a dwelling lodging establishment, manufactured home or similar residential structure. Owner means the holder of title In fee simple and every mortgagee of record. Party in interest means all individuals associations and corporations who have interests of record in a nonresidential building or structure and any who are in possession thereof. Parking Lot means an off-street ground -level open area that provides temporary storage for motor vehicles. Pier means a masonry or other material support extending from the ground and footing to and supporting the building or portion thereof. Piers lzes and spacing shall conform to the specifications of the state building code. Plumbing means and includes all of the following supplied facilities and equipment: gas pipes, gas - burning equipment water pipes mechanical sink grinders waste pipes water closets sinks installed dishwashers lavatories bathtubs shower baths installed clothes washing machines, catchbasins, drains vents and any other similar supplied fixtures together with all connections to water, sewer or gas lines. PropertV means any lot or parcel of land inclusive of any building structures or improvements located thereon. Public authoritV means any authority or officer of any department or branch of the government of the city county or state who is in charge of administering and enforcing regulations relating to health, fire public safety buildings or other activities concerning buildings or structures in the city. State building code means the North Carolina State Building Code or any superseding regulation. Swimming Pool (commercial) means a water -filled enclosure permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land, or an above -surface pool having a depth of more than 30 inches designed used and maintained for swimming and recreational uses. Vacant means that a building or structure has not been used for its intended purpose or for any lawful purpose for a period of at least 180 consecutive days. Vacant industrial warehouse means any building or structure designed for the storage of goods or equipment in connection with manufacturing processes which has not been used for that purpose for at least one year and has not been converted to another use. Vacant manufacturing facility means any building or structure previously used for the lawful production or manufacturing of goods which has not been used for that purposes for at least one year and has not been converted to another use. DIVISION 2. -ADMINISTRATION AND ENFORCEMENT Sec. 4-182. Duties and powers of the code enforcement official. It shall be the duty of the code enforcement official to: (1) Investigate the conditions of and inspect buildings and structures in the city in order to determine whether they have been properly maintained in compliance with the minimum standards established by this article so that the safety or health of the occupants or members of the general public are not jeopardized: (2) Enter upon property for the purpose of making examinations and inspections provided that such entries shall be made in accordance with law and in such a manner as to cause the least possible inconvenience to the persons in possession, if any; (3) If permission to enter is not granted by the owner, the owner's agent, a tenant, or other person legally in possession of the property, obtain a duly issued administrative search warrant in accordance with G.S. 15-27.2; (4) Appoint and fix the duties of officers agents and employees necessary to carry out the purposes of this article; (5) Delegate any of his or her functions and powers under this article to other officers and agents• (6) Take such action together with other appropriate departments and agencies public and private as may be necessary to effect compliance of nonresidential buildings or structures which are in an unsafe condition; (7) Administer oaths and affirmations examine witnesses and receive evidence,• (8) Issue notices of violation and impose civil penalties; (9) Keep a record of the results of inspections made under this article; and (10) Perform such other duties as may be prescribed in this article. (11) No utility service The city shall not provide nor permit another to provide (either public or private) utility services such as water, gas electricity sewer, etc., to any substandard building which becomes vacant until such building or dwelling unit has been inspected, brought into compliance with this code and the building code and a valid certificate of compliance, as required has been issued This requirement shall not preclude the temporary use of such utility as may be deemed necessary during construction repair or alteration. The code enforcement official shall be responsible for making the determination as to when such "temporary services" may be necessary. Sec. 4-18 3. Inspections. Fort he purpose of making inspections the code enforcement official is hereby authorized to enter and examine and survey, at all reasonable times all property after sufficiently identifying himself. The owner or occupant of every property or the person in charge thereof, shall give the code enforcement official free access to such property, at all reasonable times for the purpose of such inspection examination and survey. Sec. 4-184. Administrative liability. Except as may otherwise be provided by statute or local law or ordinance no city officer, agent or employee charged with the enforcement of this article shall be personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this article unless he acted with actual malice. Sec. 4-185. Procedure for enforcement. a) Preliminary investigation Whenever it appears to the code enforcement official that any nonresidential building or structure has not been properly maintained so that the safety or health of its occupants or members of the general public is jeopardized for failure of the property to meet the minimum standards established by this article, he shall undertake a preliminary investigation. b) Complaint and hearing If the preliminary investigation discloses evidence of a violation of the minimum standards established by this article the code enforcement official shall issue a complaint and cause it to be served upon the owner of and parties in interest in such 4 nonresidential building or structure The complaint shall state the charges and contain a notice that a hearing will be held before the code enforcement official at a place therein fixed, not less than ten days or more than 30 days after the serving of such complaint. The owner or anv party in interest shall have the right to correct the violation or to file an answer to the complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint. Any person desiring to do so may attend such hearing and give evidence relevant to the matter being heard The rules of evidence prevailing in courts of law or equity shall not be controlling in the hearing before the code enforcement official. c) Procedure after hearing; issuance of order. (1) If, after notice and hearing provided for in subsection (b) the code enforcement official determines that the nonresidential building or structure has not been properly maintained so that the safety or health of its occupants or members of the general public is jeopardized for failure of the property to meet the minimum standards established in this article, the code enforcement official shall state in writing findings of fact in support of that determination and shall issue and cause to be served upon the owner an order. (2) if the code enforcement official determines that the cost of repair, alteration or improvement of the nonresidential building or structure would not exceed 50 percent of its then current value then the code enforcement official shall state in writing the findings of fact in support of such determination and issue an order that requires the owner, within a reasonable time specified in the order, to either: a. Repair, alter or improve the nonresidential building or structure in order to bring it into compliance with the minimum standards established in this article; or b. Vacate and close the nonresidential building or structure for any use. (3) If the code enforcement official determines that the cost of repair, alteration, or improvement of the nonresidential building or structure would exceed 50 percent of its then current value,, then the code enforcement official shall state in writing the findings of fact in support of such determination and issue an order that requires the owner, within a reasonable time specified in the order, to either: a. Remove or demolish the nonresidential building or structure; or b. Repair, alter or improve the nonresidential building or structure to bring it into compliance with the minimum standards established in this article. d) Limitations on orders. (1) Notwithstanding anv other provision of law, if the nonresidential building or structure is designated as a local historic landmark listed in the National Resister of Historic Places, or located in a locally designated historic district or in a historic district listed in the National Register of Historic Places and the city council determines after a public hearing as provided by ordinance that the nonresidential building or structure is of individual significance or contributes to maintaining the character of the district and the nonresidential building or structure has not been condemned as unsafe the order may require that the nonresidential building or structure be vacated and closed until it is brought into compliance with the minimum standards established In this article. (2) An order may not require repairs alterations or improvements to be made to vacant manufacturing facilities or vacant industrial warehouse facilities to preserve the original use. The order may require such building or structure to be vacated and closed, but repairs maybe required only when necessary to maintain structural integrity or to abate a health or safety hazard that cannot be remedied by ordering the building or structure closed for any use. e) Action by city council upon failure to comply with order. (1) If the owner fails to comply with an order to repair, alter, or improve or to vacate and close the nonresidential building or structure the city council may adopt an ordinance ordering the code enforcement official to cause such building or structure to be repaired, altered or improved in order to bring it into compliance with the minimum standards established by this article or to be vacated and closed for any use. The property or properties shall be described in the ordinance The ordinance shall be recorded in the office of the register of deeds and shall be indexed in the name of the property owner or owners in the grantor index Following adoption of an ordinance the code enforcement official may cause the building or structure to be repaired altered or improved or to be vacated and closed. The code enforcement official may cause to be posted on the main entrance of any nonresidential building or structure so closed a placard with the following words: "This building is unfit for any use; the use or occupation of this building for any purpose is prohibited and unlawful." Any person who occupies or knowingly allows the occupancy of a building or structure so posted shall be guilty of a Class 3 misdemeanor. (2) If the owner fails to comply with an orderto remove or demolish the nonresidential building or structure the city council may adopt an ordinance ordering the code enforcement official to cause such building or structure to be removed or demolished No ordinance shall be adopted to require removal or demolition of a nonresidential building or structure until the owner has first been given a reasonable opportunity to bring it into conformity with the minimum standards established in this article. The property or properties shall be described in the ordinance The ordinance shall be recorded in the office of the register of deeds and shall be indexed in the name of the property owner or owners in the grantor index Following adoption of an ordinance the code enforcement official may cause the building or structure to be removed or demolished. f) Action by city council upon abandonment of intent to repair. (1) If the city council has adopted an ordinance or the code enforcement official has issued an order requiring the building or structure to be repaired or vacated and closed and the building or structure has been vacated and closed for a period of two years pursuant to the ordinance or order, the city council may make findings that the owner has abandoned the intent and purpose to repair, alter, or improve the building or structure and that the continuation of the building or structure in its vacated and closed status would be inimical to the health, safety, and welfare of the city in that it would continue to deteriorate would create a fire or safety hazard would be a threat to children and vagrants would attract persons intent on criminal activities or would cause or contribute to blight and the deterioration of property values in the area Upon such findings the city council may, after the expiration of the two-year period, enact an ordinance and serve such ordinance on the owner, setting forth the following: a. If the cost to repair the nonresidential building or structure to bring it into compliance with the minimum standards is less than or equal to 50 percent of its then current value the ordinance shall require that the owner either repair or demolish and remove the building or structure within 90 days; or b. If the cost to repair the nonresidential building or structure to bring it into compliance with the minimum standards exceeds 50 percent of its then current value, the ordinance shall require the owner to demolish and remove the building or structure within 90 days. In the case of vacant manufacturing facilities or vacant industrial warehouse facilities, the building or structure must have been vacated and closed pursuant to an order or ordinance for a period of five years before the city council may take action under this subsection. The ordinance shall be recorded in the office of the register of deeds in the county wherein the property or properties are located and shall be Indexed in the name of the property owner in the grantor index. (2) If the owner fails to comply with the ordinance the code enforcement official shall cause the building or structure to be removed or demolished. Sec. 4-186. Appeals from order of code enforcement official to the City Council. a) An appeal from any decision of the code enforcement official may be taken by any person aggrieved thereby to the City Council Any appeal from the code enforcement official must be taken within ten days after the rendering of the decision or service of the order by filing with the code enforcement official and with the City Council a notice of appeal which shall specify the grounds upon which the appeal is based Upon the filing of any notice of appeal the code enforcement official shall forthwith transmit to the City Council all the papers constituting the record upon which the decision appealed from was made When an appeal is from a decision of the code enforcement official refusing to allow the person aggrieved thereby to do any act, the code enforcement official's decision shall remain in force until modified or reversed. When an appeal is from a decision of the code enforcement official requiring the person aggrieved to do any act the appeal shall have the effect of suspending the requirement until the hearing of the Council unless the code enforcement official certifies to the Council, after the notice of appeal is made that by reason of the fact stated in the certificate a copy of which shall be furnished to the appellant and other parties in interest a suspension of this requirement would cause imminent peril to life or property. When the code enforcement official issues such a certificate the requirement shall not be suspended except by a restraining order which may be granted for due cause shown upon not less than one day's written notice to the code enforcement official by the Council or by a court of record upon petition made pursuant to G.S. 160A-446(c) and subsection (c) of this section. The Council shall fix a reasonable time for the hearing of all appeals and cross appeals shall give due notices to all parties in interest and shall render its decision within a reasonable time Any party may appear in person or by agent or attorney and present evidence The Council may reverse affirm wholly or partly, or modify the decision or order appealed from and may make such decision and order as in its opinion ought to be made in the matter. All Council meetings shall have a quorum present of at least four members and the vote of at least four members shall be required for a decision on an appeal or cross appeal The board shall have the power in passing upon appeals and cross appeals where there are practical difficulties or hardships to adopt the application of this chapter to the necessities of the individual case to the end that the general purposes of the law and justice shall be done. b) Every decision of the Council shall be subject to review by proceedings in the nature of certiorari instituted within 15 days of the service of the decision of the Council on the person who filed the appeal. c) Any person aggrieved by an order issued by the code enforcement official or a decision rendered by the Council shall have the right within 30 days after issuance of the order or rendering of the decision to petition the superior court for a temporary injunction restraining the code enforcement official pending a final disposition of the cause as provided by G S 160A-446(f) Sec. 4-187. Methods of service of complaints and orders. a) Complaints or orders issued by the code enforcement official pursuant to this article shall be served upon persons either personally or by registered or certified mail so lone as the means used are reasonably designed to achieve actual notice When service is made by registered or certified mail a copy of the complaint or order may also be sent by regular mail Service shall be deemed sufficient if the registered or certified mail is refused but the regular mail is not returned by the post office within ten days afterthe mailing If regular mail is used a notice of the pending proceedings shall be posted in a conspicuous place on the property affected b) If the identities of any owners or the whereabouts of persons are unknown and cannot be ascertained by the code enforcement official in the exercise of reasonable diligence, and the code enforcement official makes an affidavit to that effect the serving of the complaint or order upon the owners or other persons may be made by publication in a newspaper having general circulation in the city at least once no later than the time at which personal service would be required under this article When service is made by publication a notice of the pending proceedings shall be posted in a conspicuous place on the property affected Sec. 4-188. Lis pendens. Any complaint and notice of hearing or order issued pursuant to this article may be filed in the notice of lis pendens in the office of the clerk of the superior court A copy of the complaint containing a notice of hearing or a copy of the order shall be attached to the lis pendens When the lis pendens is filed with the clerk it shall be indexed and cross-indexed in accordance with the indexing procedures of G.S. 1-117 and it shall be served on the owners of and parties in interest in the building or structure From the date and time of indexing the complaint and notice of hearing or order, it shall be binding upon the successors and assigns of the owners of and parties in interest in the building or structure The code enforcement official may cancel the lis pendens upon his determination that the owner of the building or structure has fully complied with the code enforcement official's order, Sec. 4-189. Costs a lien on the property. a) As provided by G S 160A-4390) the amount of the cost of any repairs, alterations, or improvements or vacating and closing or removal or demolition caused to be made or done by the code enforcement official pursuant to the provisions of this article shall be a lien against the real property upon which such cost was incurred Such lien shall be filed, have the same priority, and be collected as the lien for special assessment provided in G S ch. 160A art 10. b) The amount of the cost of repairs alterations or improvements or vacating and closing, or removal or demolition expended by the code enforcement official is also a lien on any other real property of the owner located within the city limits except for the owner's primary residence. The additional lien provided in this subsection is inferior to all prior liens and shall be collected as a money judgment. c) If the nonresidential building or structure is removed or demolished by the code enforcement official he shall offer for sale the recoverable materials of the building or structure and any personal property fixtures or appurtenances found in or attached to the building or structure and shall credit the proceeds of the sale if any, against the cost of the removal or demolition, and any balance remaining shall be deposited in the superior court by the code enforcement official, shall be secured in a manner directed by the court and shall be disbursed by the court to the persons found to be entitled thereto by final order or decree of the court. Nothing in this article shall be construed to impair or limit in any way the power of the city council to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise. Sec. 4-190. Alternative remedies. Enforcement by any remedy provided in this article shall not prevent enforcement by any other remedy provided in this article or in other ordinances or laws With the exception of subsection 4-185(e)(1), however, a violation of any provision of this article shall not constitute an infraction or misdemeanor punishable under G.S. 14-4. Sec. 4-191. Conflict with other provisions. If any provision standard or requirement of this article is found to be in conflict with any other city ordinance the provision which establishes the higher standard or more stringent requirement for the promotion and protection of the health and safety of the residents of the city shall prevail. Sec. 4-192. Violations; penalty. a) It shall be unlawful for the owner of any nonresidential building or structure to fail, neglect or refuse to repair, alter or improve the building or structure orto vacate and close and remove or demolish orto vacate and close the building or structure upon order of the code enforcement official duly made and served as provided in this article within the time specified in such order; and each day that any such failure neglect or refusal to comply with such order continues shall constitute a separate and distinct offense. b) It shall be unlawful for the owner or agent of the owner of any nonresidential building or structure with respect to which an order has been issued to occupy or permit the occupancy of the building after the time prescribed in such order for its repair, alteration or improvement or its vacation and closing and removal or demolition and each day that such occupancy continues after such prescribed time shall constitute a separate and distinct offense. c) Any owner who fails to comply with an order of the code enforcement official to repair, alter or improve the building or structure or to vacate and close and remove or demolish the building or structure or vacate and close the building or structure within the time specified in the order, shall be subject to a civil penalty in the amount of $150 00 for the first day of noncompliance and $50 00 for each day thereafter until the building or structure is brought into compliance with the order. The civil penalty may be recovered by the city in a civil action In the nature of a debt if the owner does not pay the penalty within 30 days after the initial day of noncompliance. Sec. 4-193. Ejectment. If any occupant fails to comply with an order to vacate a nonresidential building or structure, the code enforcement official may file a civil action in the name of the city to remove the occupant. Such action shall be filed in the nature of summary ejectment and conducted in accordance with G.S. 160A-439(i). DIVISION 3. - MAINTENANCE STANDARDS Sec. 4-194. Maintenance standards in general. Only electrical mechanical and plumbing devices and systems which are (i) intended to be used at the time of inspection• (ii) being used at the time of inspection• or NO required by law at the time of inspection are subiect to the applicable portions of this article. Sec. 4-195. External maintenance standards. a) Exit Requirements (1) Minimum number of exits shall conform to the requirements of the state building code as applicable. (2) Every stairway, deck porch and balcony, and all appurtenances attached thereto including without limitation handrails and guardrails shall be maintained in a structurally sound condition in good repair. Each shall be properly anchored and capable of supporting live or dead loads. b) Electrical facilities. (1) No receptacles ceiling fixtures or other fixtures shall be hanging loose, unless designed and rated for that purpose. (2) All switches and receptacles shall be safe. (3) There shall be no unsafe wiring. (4) There shall be no drop or extension cords in excess of six feet in length used in place of permanent wiring. (5) No circuits shall be overloaded. (6) Fuses shall be sized correctly and not bridged out. (7) All wiring shall be in accordance with the National Electrical Code. c) Exterior walls. (1) There shall be no unsafe wall conditions such that the plumbline from the top center of studs falls outside the base plate at any point along the wall. (2) Maximum spacing for studding providing they show signs of being weak or overloaded, shall comply with the requirements of the state building code. (3) Studs or other structural members shall be structurally sound and not likely to cause structural weakness in the future. (4) There shall be no broken or cracked structural members. (5) All siding shall be reasonably weathertight with no holes or excessive cracks or decaved boards, or siding material. (6) There shall be no loose siding. (7) There shall be no deterioration because of lack of preventative maintenance consisting of painting, waterproofing and repair. d) Roofs. (1) All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the dead and live loads. (2) The roof and flashing shall be sound tight and not have defects which admit water or rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior of the structure Roof drains gutters scuppers, and downspouts shall be maintained in good repair, and free from obstructions Roof water shall not be discharged in a manner that creates a health or safety hazard. t0 e) Porches, vestibules and external covered areas (1) The floor, ceiling and roof shall be equal to requirements set forth in this article, except sills joists and floors need not be level if providing drainage of floors; floors need not be weathertight. (2) Every stairway, deck porch and balcony, and all appurtenances attached thereto including without limitation handrails and guardrails shall be maintained in a structurally sound condition in good repair. Each shall be properly anchored, and capable of supporting imposed loads. f) Windows where provided including frames sash components, and glazing shall maintain in good condition with no broken, cracked, or missing glazing. g) Property maintenance. (1) Building structure Exterior wood surfaces not inherently resistant to deterioration shall be treated with a protective coating of paint or other suitable preservative with sufficient frequency to prevent deterioration. (2) Open areas. There shall be no heavy undergrowth or accumulation of plant growth which is noxious or detrimental to health or because it is overgrown, may provide harborage for criminal activity. (3) Infestation. Grounds buildings and structures shall be maintained free of infestation by rodents, insects and other pests. (4) Chimneys and towers All chimneys cooling towers smoke stacks and similar appurtenances shall be maintained structurally safe and sound and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather coating materials such as paint or similar surface treatment. Sec. 4-196. Interior maintenance standards. In general The interior of a structure and equipment therein shall be maintained in good order, shall be structurally sound and be in a sanitary condition Occupants shall keep that part of the building or structure which they occupy or control in a clean and sanitary condition. a) Exit requirements Minimum number of exits shall conform to the requirements of the state building code as applicable. b) Plumbing systems and facilities. (1) In general all fixtures and piping shall be properly installed and maintained in working order, and shall be kept free from obstructions leaks and defects All plumbing shall be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe sanitary and functional condition (2) Plumbing fixtures shall have adequate clearance for usage and cleaning. (3) Where it is found that a plumbing system in a building or structure creates an unsafe condition that is hazardous to the occupants or by reason of inadequate service, inadequate venting cross connection backsiphonage improper installation deterioration or damage or for similar reasons the code enforcement official shall require the defects to be corrected to eliminate the unsafe condition. c) Heating facilities. (1) Building shall be weatherproof. 11 (2) Heating systems shall be maintained in good order and repair and shall be of sufficient capacity so as to heat all occupied areas in accordance with the state building code. (3) All safety controls and all clearances to combustible materials for electrical equipment which produces heat shall be maintained in effective operation. (4) Other heating facilities where provided shall meet the requirements of the state building code. (5) All electric gas and heating oil heating equipment installed on the property shall be listed by Underwriters' Laboratories Inc or American Gas Association and installed in accordance with the provisions of the state building code. (6) All mechanical appliances shall be properly installed and maintained in a safe working condition and shall be capable of performing the intended function. (7) All fuel burning equipment or appliances shall be connected to an approved chimney or vent Fuel burning equipment and appliances labeled for unvented use are an exception to this requirement. (8) All required clearances to combustible materials shall be maintained. (9) All safety controls for fuel burning equipment shall be maintained in effective operation. d) Electrical facilities. (1) No receptacles ceiling fixtures or other fixtures shall be hanging loose unless designed and rated for that purpose. (2) All switches and receptacles shall be safe. (3) There shall be no unsafe wiring. (4) There shall be no drop or extension cords in excess of six feet in length used in place of permanent wiring. (5) No circuits shall be overloaded. (6) Fuses shall be sized correctly and not bridged out. (7) All wiring shall be in accordance with the National Electrical Code. e) Structural standards. (1) Foundation. a. Beneath the building or structure there shall be firm ground which is reasonably dry, properly drained and no water shall be running under the building or structure. b. There shall be sound footings and adequate bearing. c. There shall be sound piers and no loose mortar or masonry. d. There shall be no piers in which the plumbline from the top center falls outside the middle one-third of the pier base. e. There shall be no isolated masonry piers exceeding in height ten times the least dimension of the pier. f. There shall be no wood stiff -knee piers. (2) Floors. a. Flooring shall be weathertight without holes or excessive_ cracks which permit air to penetrate rooms. b. Flooring or floor covering shall be reasonably smooth and not decayed, fire damaged or worn through. c. There shall be no loose flooring. d. Floors shall be reasonably level. e. All structural members shall be maintained free from deterioration and shall be capable of safely supporting the dead and live loads. (3) Interior load bearing walls. 12 a. There shall be no unsafe wall conditions such that the plumbline from the top center studs falls outside the base plate at any point along the wall. b. Maximum spacing for studding, providing the studs show signs of being weak or overloaded, shall comply with the requirements of the state building code. c. Studs or other structural members, including posts and columns, shall be structurally sound and not likely to cause structural weaknesses in the future. d. There shall be no broken or cracked structural members. (4) Interior porches, landing and vestibules. a. The floor and ceiling shall be equal to the requirements set forth in this article. b. Every stairway deck porch and balcony and all appurtenances attached thereto, including without limitation, handrails and guardrails, shall be maintained in a structurally sound condition and in good repair. c. Any interior porch landing or vestibule shall be properly anchored and capable of supporting live and dead loads. Sec. 4-197. Property maintenance standards. a) Building Structure Storage of combustible materials is prohibited unless the building or structure is designed for that purpose. b) Open areas (1) Surface and subsurface water shall be appropriately drained to protect buildings and structures and to prevent development of stagnant pools. (2) Fences sheds signs outbuildings, and other accessory buildings shall be maintained in a safe and functional condition or removed or demolished. (3) Yards courts parking lots and driveways shall be kept clean and free of physical hazards garbage junk, junked vehicles, vehicle parts and other similar material. (4) There shall be no heavy undergrowth or accumulation of plant growth which is noxious or detrimental to health or because it is overgrown, may provide harborage for criminal activity. (5) There shall be adequate lighting to prevent harborage for criminal activity. c) Infestation Grounds buildings and structures shall be maintained free of infestation by rodents, insects and other pests. d) Garbage There shall be adequate sanitary facilities and methods for the storage handling and disposal of garbage generated on or by the property All trash receptacles shall be in accordance with the zoning code of the City of Dunn. e) Storm drainage Drainage of paved areas, yards, courts and other open areas on the property shall not be discharged in a manner that creates a health or safety hazard. f) Parking lots Where a parking lot is constructed as part of a non-residential business or as a business itself and covered by an impermeable surface, the parking lot and all curbing, surfacing, sidewalks and other parts thereof shall be maintained free of broken/cracked surfaces, holes or other similar conditions All non-residential parking lots so described herein, shall be repaired with like material. g) Landscaping. All landscaping shall be kept in good condition shall not obstruct pedestrian walkways vehicle movement areas, or signs, and does not constitute a vehicle sight distance 13 Sec. 4-198. Vacant buildings or structures. a) The interior maintenance standards set forth in section 4-196 shall not applV to vacant nonresidential buildings or structures unless one or more of the following serious conditions is present on the propertV: (1) Overall conditions present a serious health or safety hazard. (2) The building or structure is a breeding area for rodents or insects. (3) The building or structure presents a fire hazard. (4) The building or structure is structurally unsafe and presents a threat to the safety of code enforcement personnel, fire department personnel and law enforcement officers or members of the general public. (S) The building or structure is frequented by vagrants. (6) The building or structure is not properly secured to prevent unauthorized access. b) If the code enforcement official orders a nonresidential building or structure vacated and closed pursuant to this article, the owner shall board and secure such building or structure in accordance with the guidelines for boarding and securing a building or structure provided by the code enforcement official 14 c_m DUNN �o,tl, nrnliunLcontract LWW UUNN All -America CIq City Council Agenda Fh[eetin Date; C?e ober 1 r989 * 2013 SUBJECT TITLE: Acceptance of PARTF Grant contract Presenter: Brian McNeill De artment: Recreation Attachment: Yes X No Description: PARTF Public Hearing Advertisement Date: PURPOSE: To officially accept grant awarded by Parks and Recreation Trust fund (PARTF) In order to officially accept the awarded grant from the PARTF Authority completion of the contract must be submitted. BACKGROUND: Late April 2017 an application requesting a grant in the amount of $350,000 to help fund Taut Park renovation was submitted to Recreation Resources to be presented to the North Carolina PARTF Authority. On August 25t" the recreation department learned that our application was accepted for a partial grant. Soon after the PARTF Authority reached back out to the recreation department to inform us that we will be funded the fall 350k requested in the application BUDGET IMPACT: Overall cost of phase one is $1,175,000 and acceptance of the grant would cover $350,000 — 29% of project cost RECOMMENDATION/ACTION REQUESTED: Approval of acceptance and submission of contract '. 1}'bTYx�ll STATE PARKS `-^ ` w YfgY ,. North Carolina Division of Parks and Recreation Governor Roy Cooper Secretary Susi H. Hamilton September 21, 2017 Mr. Brian McNeil Parks and Recreation Director Town of Dunn P.O. Box 1065 Dumi, NC 28355 Dear Mr. McNeil: Recently Mr. Neal Lewis, Chairman of the North Carolina Parks and Recreation Authority, sent a letter to Mr. Oscar Harris announcing that the Town of Dunn received a grant from the N.C. Parks and Recreation Trust Fund (PARTF) for $350,000 to fund the Clarence Lee Tart Park Improvements. I am writing to provide additional details about administering the grant. The first step of the process is to execute a contract between the Town of Dunn and the N.C. Department of Natural and Cultural Resources (DNCR). DNCR has enclosed two copies of the contract. Please have your chief elected official sign and return both copies of the contract to DNCR. A representative of DNCR will then sign the contracts and return a copy of the executed contract to you for your files. Please do not begin work on the PARTF project until you have received your copy of the contract that is signed by your local government and DNCR. PARTF grants are paid on a reimbursement basis. A local government must first spend its own funds toward completing the project, and then it will be reimbursed for up to 50 percent of the expenses. Your regional park and recreation consultant will invite you to a PARTF accounting workshop. It is very important for your finance officer and project manager to participate in this workshop. If you have any questions about your project, please contact Jenn Beedle at 919-513-3937. Sincerely, .Brendan Adams Grant Administrator Michael A. Murphy, Director NC Division of Parks and Recreation 1615 MSC - Raleigh, NC 27699-1615 919.707.9300 / ncparks.gov NORTH CAROLINA STATE PARKS /VLl6vw&l6 Wol7Lkjole STATE OF NORTH CAROLINA CONTRACTOR'S FEDERAL I.D. COUNTY OF WAKE XXXX 01214 N.C. Parks and Recreation Trust Fund Project Agreement Grantee: City of Dunn Project Number: 2018 - 858 Project Title: Clarence Lee Tart Park Improvements Period Covered By This Agreement: 11/1/2017 to 10/31/2020 Project Scope (Description of Project): This project includes the development of Scoreboard, Walking Trail, Multi -Purpose Field, Ballfield, Lighting, Lighting, Lighting, Batting Cage, Fitness stations, Disc Golf Course (9 Holes), Landscaping, Contingency, and Planning Costs. Project Costs: PARTF Amount $ 350,000 Local Government Match $ 825,000 Conditions The North Carolina Department of Natural and Cultural Resources (hereinafter called the "Department") and City of Dunn (hereinafter referred to as "Grantee") agree to comply with the terms, promises, conditions, plans, specifications, estimates, procedures, project proposals, maps, and assurances described in the North Carolina Parks and Recreation Trust Fund (PARTF) administrative rules and grant application which are hereby by reference made a part of the PARTF grant contract and which are on file with the Division of Parks and Recreation. In addition, the Department and the Grantee agree to comply with the State of North Carolina's Terms and Conditions as listed in "Attachment A" to this contract. Now, therefore, the parties hereto do mutually agree as follows: Upon execution of this grant agreement, the Department hereby promises, in consideration of the promises by the Grantee herein, to obligate to the Grantee the grant amount shown above. The Grantee hereby promises to efficiently and effectively manage the funds in accordance with the approved budget, to promptly complete grant assisted activities described above in a diligent and professional manner within the project period, and to monitor and report work performance. The parties to this contract agree and understand that the payment of the sums specified in this contract is dependent and contingent upon and subject to the appropriation, allocation and availability of funds for this purpose to the Department. Section I. Eligible Project Costs and Fiscal Management 1. The PARTF grant amount must be matched on at least a dollar -for -dollar basis by the Grantee. To be eligible, project costs must be incurred during the contract period, be documented in the grant application, and described in the project scope of this agreement, and initiated and/or undertaken after execution of this agreement by the Grantee and the Department. 2. PARTF assistance for land acquisition will be based on the fair market value of real property or the sales price, whichever is less. Value must be based upon an independent appraisal by a licensed appraiser holding a general or residential certification from the North Carolina Appraisal Board. The Department shall review the appraisal as to content and valuation. Approval of appraised amounts rests with the Department. The Grantee agrees to begin development on PARTF acquired land within five (5) years of the date this contract is signed by the Department and Grantee in order to allow general public access and use. 3. Payment shall be made in accordance with the contract documents as described in the Scope of Work (Attachment B). Payment for work performed will be made upon receipt and approval of invoice(s) from the Grantee documenting the costs 135; Unifonn Relocation Assistance Act (G.S. 133-5 to 133-18); Conflict of Interest (G.S. 14-234); Contractors Must use E-Verify (G.S. 143-48.5); Americans With Disabilities Act of 1990 (P.L. 101-336) and ADA Accessibility Guidelines; N.C. State Building Code; and the North Carolina Environmental Policy Act (G.S. 113A-1 to G.S. 113A-12), and Sales Tax Refund (G.S. 105-164.14(c)). The Grantee agrees it provides a drug -free workplace in accordance to the requirements of the Drug -Free Workplace Act of 1988 (43 CFR Part 12, Subpart D). 8, The Grantee agrees to permit periodic audits and site inspections by the Department to ensure work progress in accordance with the approved project, including a close-out inspection upon project completion. After project completion, the Grantee agrees to conduct grant contract compliance inspections at least once every five (5) years and to submit a Department provided inspection report to the Department. The Grantee agrees land acquired with PARTF assistance shall be dedicated in perpetuity as a recreation site for the use and benefit of the public, the dedication will be recorded in the deed of said property and the property may not be converted to other than public recreation use without approval of the Department. The Grantee agrees to maintain and manage PARTF assisted development/ renovation projects for public recreation use for a minimum period of twenty-five (25) years after project completion. 10. The Grantee agrees to operate and maintain the project site so as to appear attractive and inviting to the public, kept in reasonably safe repair and condition, and open for public use at reasonable hours and times of the year, according to the type of facility and area. 11. The Grantee shall agree to place utility lines developed with PARTF assistance underground. 12. If the project site is rendered unusable for any reason whatsoever, the Grantee agrees to immediately notify the Department of said conditions and to make repairs, at its own expense, in order to restore use and enjoyment of the project by the public. 13. The Grantee agrees not to discriminate against any person on the basis of race, sex, color, national origin, age, residency or ability in the use of any property or facility acquired or developed pursuant to this agreement. 14. The Grantee certifies that it: (a) Has neither used nor will use any appropriated funds for payment to lobbyists; (b) Will disclose the name, address, payment details, and purposes of any agreement with lobbyists whom Grantee or its sub -tier contractor(s) or sub-grantee(s) will pay with profits or non -appropriated funds on or after December 22,1989;and, (c) Will file quarterly updates about the use of lobbyists if material changes occur in their use. Section III. Proiect Termination and Applicant Eligibility The Grantee may unilaterally rescind this agreement at anytime prior to the expenditure of funds on the project described in this contract. 2. If through any cause, the Grantee fails to fulfill in a timely and proper manner the obligations under this contract, the Department shall thereupon have the right to terminate this contract by giving written notice to the Grantee of such termination and specifying the reasons thereof. In that event, the Grantee shall be entitled to receive just and equitable compensation for any satisfactory work completed in an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Grantee covered by this contract. Failure by the Grantee to comply with the provisions and conditions set forth in the formal application, PARTF administrative rules and this agreement shall result in the Department declaring the Grantee ineligible for further participation in PARTF, in addition to any other remedies provided by law, until such time as compliance has been obtained to the satisfaction of the Department. General Terms and Conditions, Governmental Eothles May 1, 2011 DEFINITIONS Unless Indicated otherwise from the context, the following terms shall have the following meanings in this Contract. All definitions are from 9 NCAC 3M.0102 unless otherwise noted, if the rule or statute that is the source of the definition Is changed by the adopting authority, the change shag be incorporated herein, (1) "Agency' (as used in the context of the defiaWons below) means and includes every public office, public officer or official (Slate or local, elected or appointed), Institution, board, commission, bureau, council, department, authority or other unit of government of the Stale or of any county, unit, special district or other political sub -agency of government. For other purposes in this Contract, 'Agency' means the entity identified as one of the parties hereto. (2) 'Audit" means an examination of records or financial accounts to verify their accuracy: (3) 'Certffrcaton of Compliance' means a report provided by the Agency to the Office of the Stale Auditor that states that the Grantee has met the reporting requirements estabrished by . this Subchapter and Included a statement of certification by the Agency and (4) and Local Government Finance Agency within the North Carolina Department of State Treasurer that has been developed in cooperation with agencies to assist the local auditor in identifying program compliance requirements and audit procedures for testingthose requinu ents. (6) `Contract' means a legal Instrument that is used to retied a talellonshlp between the agency, grantee, and sub -grantee. (6) 'Fiscal Year' means the annual operating year of the non -State entity, (7) 'Financial Assistance' means assistance that non, State entities receive or administer to the form of grants, loans, loan guarantees, property (including donated surplus property), cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations, and all assistance. Finarelal assistance does not include amounts received as reimbursement for services rendered to individua_ Is for Medicare and Medicaid patient services. (6) 'Finenciol Statement" means a report providing financial statistics relative to a given pad of an organization's operations or status, (9) 'Grant" means financial assistance provided by an agency, grantee, or sub -grandee to carry out activities whereby the grantor anticipates no programmatic involvement with the grantee or sub-granlee during the performance of the grant. (10) 'Grantee' has the meaning in G.S. 143.6.2(b): a non•Slate entity that receives a grant of Stale funds Attachment A from a Stale_ agency, department, or institution but does not include any non -State entity subject to the audit and other reporting requirements of the Local Government Commission. For other purposes in this Contract, 'Granteeshall mean the entity identified as one of the parties hereto. For purposes of this contract, Grantee also includes other State agencies (11) "Grantee means an entity that provides resources, generally financial, to another entity in order to achieve a specified goal or objective. (12) 'Non -State Entity' has the meaning in N.C.G.S. 143• 6.2(a)(1): A firm, corporation, partnership, association, county, unit of focal government, public authority, or any other person, organization, group, or governmental entity that is not a Slate agency, department, or institution. (13) "Public Authority" has the meaning in N,C.G.S. 143. 6.2(6)(3): A municipal corporation that is mots unit of local govemment or a local governmental authority, board, commission, council, or agency that (1) fs not a municipal corporator and (It) operates on an area, regional, or multiunit basis, and the budgeting and accounting systems of which are not fully a part of the budgeting and accounting systems of a unit of local (14) "Single Audit' means an audit that includes an examination of an organization's financial statements, internal controls, and compliance with the requirements of Federal or State awards. (16) "Special Appropriation' means a legislative act authorizing the expenditure of a designated amount of public funds for a specific purpose. (16) 'Stale Funds° means any funds appropriated by the North Carolina Geperal Assembly or collected by the State of North Carolina. State funds include federal financial assistance received by the State and transferred or disbursed to non -State entities. Both Federal and State funds maintain their Identity as they are sub -granted to other organizations, Pursuant to N.C.G.S.143-6.2(b), the terms 'State grant funds` and "Stale grants" do not includs any payment made by the Medicaid program, the Teachers' and State Employees' Comprehensive Major Medical Plan, or other similar medical programs. (17) "Sub•grantae has the meaning in G.S.143-6.2(b): a non -State entity that receives a grant of State funds from a grantee or from another sub,grantee but does not include any non -State entity subject to the audit and other reporting requirements of the Local Government Commission. Availability of Funds: The parties to this Contract agree and understand that the payment of the sums specified in this Contract is dependent and contingent upon and subject to the appropriation, allocation, and availability of funds for this purpose to the Agency. Force Majeure: Neither party is in default of its obligations hereunder if and it is prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or ad of God. Survival of Promises: All promises, requirements, !arms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the contract expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable federal of Slate statutes of limitation. Intellectual Property Rights Copyrights and ownership of Deliverables: Any and all copyrights resulting from work under this agreement shell belong to the Grantee. The Grantee hereby grants to the North Carolina Department of Environment and Natural Resources a royalty -free, non-exclusive, paid -up license to use, publish and distribute results of work under this agreement for North Carolina State Government purposes only. Compliance with Applicable Laws Compliance with Laws: The Grantee understands and agrees that is subject to compliance with all laws, ordinances, codes, rules. regulations, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction andfor authority. Equal Employment Opportunity: The Grantee understands and agrees that it Is subject to compliance with all federal and Stale laws relating to equal employment opportunity. Confidentiality Confidentiality: As authorized by law, the Grantee keeps confidential any information, data, instruments, documents, studies or reports given to or prepared or assembled by the Grantee under this agreement and does not divulge or make them available to any individual or organization without the prior written approval of the Agency. The Grantee acknowledges that in receiving, storing, processing or otherwise dealing with any confidential information it will safeguard and not further disclose the information except as otherwise provided in this Contract or without the prior written approval of the Agency. Oversight Access to Persons and Records: The State Auditor and the using agency's internal auditors shall have access to persons Attachment A and records as a result of all contracts or grants entered into by State agencies or political subdivisions in accordance with General Statute 147-64.7 and Session Law 2010.194, Section 21 (i.e., the State Auditors and internal auditors may audit the records of the contractor during the term of the contract to verify accounts and data affecting fees or performance). The Contractor shall retain all records for a period of three years following completion of the contract or until any audits begun during this period are completed and findings resolved, whichever is later. Record Retention: The Grantee may not destroy, purge or dispose of records without the express written consent of the Agency. State basic records retention policy requires all grant records to be retained for a minimum of Eye years or until all audit exceptions have been resolved, whichever is longer, If the contract Is subject to Federal policy and, regulations, record retention may be longer than five years since records must be retained for a period of three years following submission of the final Federal Financial Status Report, if applicable, or,lhree years following the submission of a revised final Federal Financial Status Report. Also, If any litigation, claim, negotiation, audit, disaliawance aWon, Or other action involving this Contract has started before expiration of the five-year retention period described above, the records must be retained until completion of the action and resolution of all issues which arise from R, or until the end of the regular five-year period described above, whichever is later. Time Records: The Grantee will maintain records of the time and effort of each, employee receiving compensation from this contract, in accordance with the appropriate OMB circular. Miscellaneous Choice of law: The validity of this Contract and any. of its terms or provisions, as well as the rights and duties of the parties to this Contract, are governed by the laws of North Carolina. The Grantee, by signing this Contract, agrees and submits, solely for matters concerning this Contract, to the exclusive jurisdiction of the courts of North Carolina and agrees, solely for such purpose, that the exclusive venue for any legal proceedings shall be Wake County, North Carolina. The place of this Contract and all transactions and agreements relating to, it, and their silus and forum, shall be Wake County, North Caroline, where all meters, whether sounding in contract or tort, relating to the validity, construction, interpretation, and enforcement shall be determined. Amendment: This Contract may not be amended orally or by performance. Any amendment must be made in written form and executed by duly authorized representatives of the Agency and the Grantee. Severabllity: in the event that a court of competent jurisdiction holds that a provision or requirement of INS Contract violates any applicable law, each such provision or requirement shall continue to be enforced to the extent it is not In violation of law or is not otherwise unenforceable and all other provisions and requirements of this Contract shall remain in full force and effect. Attachment B Scope of Work North Carolina Division of Parks and Recreation Parks and Recreation Trust Fund - Grants Program for Local Governments Grantee: City of Dunn Title of Project: Clarence Lee Tart Park Improvements Project Number: 858 Contract Number: 2018-858 Amount of Grant: $ 350,000 Amount of Match: $ 825,000 Contact Person for Project: Title: Address: Telephone: Contact email address: Brian McNeil Parks and Recreation Director City of Dunn P.O. Box 1065 Dunn, NC 28355 910-892-2976 bmcneil@dunn-nc.org Scope of Project: This project includes the development of Scoreboard, Walking Trail, Multi -Purpose Field, Ballfield, Lighting, Lighting, Lighting, Batting Cage, Fitness stations, Disc Golf Course (9 Holes), Landscaping, Contingency, and Planning Costs. Length of Project: 36 months (11/1/2017— 10/31/2020) Schedule for Reimbursements: Grantee may submit bills quarterly after a significant portion of work has been completed on the project element(s). Not more than 90% of the grant will be reimbursed until the grantee completes the project elements specified in the grant (refer to detailed budget submitted with grant application). 11 The City of Dunn grant application and support documentation are, by reference, part of the contract. The administrative rules of the N.C. Parks and Recreation Trust Fund are, by reference, a part of the contract. DUNN ®® j ,arjlh cn,olina DgJy�y l'r l .iNN All•A�erieaCtt� �;,, 1 � � „ All -America City 1 1 t/ Council Agenda. Form ® Meeting ng Date: October 10, 2017 19R9 2013 1989 2013 SUBJECT TITLE: Temporary Blocking of Streets — Cotton Festival Presenter: City Manager Neuschafer Department: Administration Attachment: X Yes No Description: Letter of Request from the NC Cotton Festival Committee Public Hearing Advertisement Date: hl1J[7111b1 1 The NC Cotton Festival Committee is requesting that the following streets be closed for the 1911 Annual Cotton Festival on November 4, 2017. Friday, Nov. 31 from 7:00 pm until after the festival on Nov. 41h at 8:00 pm • Wilson Ave. from Edgerton St. to the Fire Station on Harnett St. Saturday, Nov. 411 from 6:00 am until 6 pm • Broad St. from Clinton Ave. to Layton Ave. • Edgerton St. from Clinton Ave. to Fayetteville Ave. • Wilson Ave. from Cumberland St. to the driveway to the Fire Station. • Railroad Ave. from Cumberland St. to Harnett St. • Lucknow Ave. to Broad St. • Fayetteville Ave. from Cumberland St. to Edgerton St. • King Ave. from Cumberland St. to Edgerton St. • Layton Ave. from Cumberland St. to Edgerton St. In addition, they also ask for assistance from city personnel (police, public works and parks and recreation) and that the street sweeper come through after the event on Saturday. Attached is a letter from the NC Cotton Festival Committee detailing this request. BACKGROUND: BUDGET IMPACT: RECOMMENDATIONIACTION REQUESTED: Approve the temporary blocking of streets as requested for the 1911 Annual NC Cotton Festival. Mr. Steven Neuschafer Dunn City Manager P.O. Box 1065 Dunn, NC 28335 September 1, 2017 Dear Mr. Neuschafei The North Carolina Cotton Festival will celebrate its nineteenth year hi Dunn on Nov.4°i The festival's goal is to bring recognition to one of North Carolina's prime agricultural products, "cotton," and through this process attract new retail business for Dunn's downtown. The festival is also designed to foster volunteerism, retain local dollars, enhance tourism and provide profits for our local non -profits. This festival has been a great addition to the city and we appreciate your support and encouragement over the past thirteen years. We need your help once again in blocking the streets and providing needed public services to make this festival a success for our great city. We could not do this event without the tremendous cooperation given to us by each department year after year. The employees of the great All America City of Dunn are awesome! On Friday Night, November Yd we are requesting that you block Wilson Avenue from Edgerton Street to the Fire Station (Harnett St). This street will need to blocked off by 7:00 pm and remain closed until Saturday Night, November 4, 2017 at 8:00 pm. This will allow for the stage to be built and taken down. On Saturday, Nov. 4th, we are requesting that you block Broad Street from its intersection with Clinton Avenue through its intersection with Layton Avenue, Edgerton Street from Clinton Avenue through the intersection with Fayetteville Ave., Wilson Avenue from its intersection with Cumberland to just in front of the driveway of the Dunn Fire Department, Railroad Avenue from Cumberland Sheet until its intersection with Harnett Sheet, Lucknow Avenue to Broad Street, Fayetteville Avenue from Cumberland through Edgerton Sheet, King Avenue from Cumberland through Edgerton and Layton Avenue from Cumberland through Edgerton. We ask that these streets be blocked on Nov. 4, 2017 from 6:00 a.m. until 6 p.m. We also ask that the city help with police personnel, public works employees, parks and recreation employees and have the street sweeper come through on Saturday after the event no earlier than 6 p.m. Thanking you in advance and we are looking forward to seeing each of you at the 19th Annual North Carolina Cotton Festival in the beautifully renovated Historic Downtown Door. If you have any questions, please contact me at 892-3282. Sincerely, Sharon Stevens NC Cotton Festival Dt1NN ► City Council Agenda Form eetiu ate® October 10, 017 1989 * 2013 SUBJECT TITLE: Temporary Blocking of Streets — Dunn Shrine Parade LShrime Presenter: City Manager Neuschafer Department: Admin. Attachment: XYes No Description: Letter of Request from Dun Public Hearing Advertisement Date: PURPOSE: A request has been received from the Dunn Shrine Club requesting the closing of E. Broad Street at General Lee Avenue and Broad Street at Elm Avenue from 10:00 a.m. until 12:30 p.m. on Saturday, November 18, 2017 for the Sudan Shriners Parade. �e[�3:(d7�1111U11 BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Motion to approve the temporary street closings as requested by the Dunn Shrine Club for the Sudan Shriners Parade. Donald Smith Dunn Shrine Club 309 Briarcliff Drive Dunn, NC 28334 September 27, 2017 Steven Neuschafer P 0 Box 1065 Dunn, NC 28335 Dear Steven Neuschafer: The Dunn Shrine Club has been awarded the distinct honor of hosting the 2017 Sudan Shriner fall Ceremonial in Dunn, this is both an honor for the Dunn Shrine Club and the City of Dunn. This Ceremonial will bring approximately one thousand people from out of town into our local restaurants and hotels to spend money helping our economy. The Dunn Shrine Club is requesting a parade permit in which Broad Street will need to be closed from approximately 10:00AM until 12:30PM, Saturday, November 18, 2017. The parade will start at 11:30AM from corner of Broad and General Lee Streets and go east on Broad Street ending at the corner of Broad anclg4seff. If you have any questions or concerns, please do not hesitate to give me a call at 910-984-4763. Sincerely, Donald Smith d l D ,- l S ! r 1 C CGS Tune ohce (All Information Must Be Printed Or Typed) 1. Type of permit: 2. Name of applicant: Address: Parade Donald Smith k+ 41:� p©ny�\d Sc,'4� voN tsJa©c� Phone: 910 984-47631Cd 3. Name of organization or group: Shrine 4. Date of event: Nov. 1812017 5. Proposed time: From ✓/ ' OX),Grn M, to ki® p .M. ST(W'T Orr t 8+421�R &ir: N eel Cerr`,e2 : 6. Proposed place: BfY7,ta e, %t tcsmaLee. --Vb (If parade, designate route) 7. Numberofpeople: lob r--)GUpL'dpk 8. Number of automobiles: a 401 East RmAd straat a n mn NC 7R43d c Ck1n_Ag9_94a0 i i 9, Purpose of event: 10. Will any minors below the age of 18 years participate? 12 S 11, Name of person in charge of the event: t:CoL�'� 1Y�'i`i(��� 73bq Address: �u Phone: C l b —Ce ' Li— 12. Date of application:"1 13. Signature of applicant: ********FOR DEPT. USE ONLY******** Application Received Dater 26 1 / Hr. Name & Rank or Office: oa �' Demonstration, Parade, Picket Line or March Approved: Parade, Picket Line or March Disapproved: Date, L) T / l2 / ' r7 J I � UJI r,Ql� Q7���DHE �0��mELI I Ell tmLW TM 7 I�I ��EH 11 HIA ETI =,JFT EEI UtNN city of dvun City CouncilAgenda ® ffi 1989 * 2013 1989 2013 SUBJECT TITLE: Consideration to Direct City Attorney to Proceed with the Due Diligence Process on — a Vacant Lot Located on Martin Street — PIN# 1517-03.6687.000 and 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: The Council is being asked to direct the City Attorney to do due diligence on a Vacant Lot Located on Martin Street - PIN# 1517-03-6687.000 owned by CGW, Inc. CGW, Inc. has offered to donate the lot free and clear of all claims. BACKGROUND: This property will allow the City to have the property perpendicular to the acreage we already own and would allow for the improvement of the rail trail crossing and access to our existing property. BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: To direct City Attorney to proceed with the due diligence process for the Vacant Lot Located on Martin Street - PIN# 1517-03-6687.000 and to return findings to Council at the next scheduled Council Meeting. Jennifer Fortin From: Steven Neuschafer Sent: Thursday, September 28, 2017 8:08 AM To: Jennifer Fortin Subject: FW: Lot in Dunn to be gifted to the city Attachments: Lot to be gifted to City of Dunn.pdf From: Wellons Ent. Office[mailto:wellons@wellonsenterprises.com] Sent: Thursday, August 31, 2017 9:37 AM To: Steven Neuschafer <SNeuschafer@dunn-nc.org> Cc: 'Joy Moore' <joy@wellonsenterprises.com> Subject: Lot in Dunn to be gifted to the city Dear Steven, We have a lot in Dunn, which is near the property that we gave to the City of Dunn at the end of 2015. We are interested in gifting Parcel ID 021507 0091 09, which is located on the corner of N Ashe Ave. and Martin St. We think that this lot could be used for improving the railroad walkway for the enjoyment of all of the citizens of Dunn. We would like to donate the land to the City of Dunn at no cost, but, also, at no expense on our behalf. It is our intent that the City of Dunn would bear all expenses for the transfer of the deed, property taxes, and other fees that may be accrued during the transaction. Attached you will find a copy of the parcel report for the above mentioned parcel. Please let us know if there are any further actions that we need to take at this time, and we look forward to speaking with you soon. Thank you for taking our offer into consideration. Respectfully, Joy W. Moore ioyL&wellonsenterprises.com office: 252-726-2151 ext. 221 cell: 252-241-5895 Harnett County Parcel Report Page 1 of 1 Harnett C0 U NT_Y 0()R l I{ (Aim .;A 021507 0091 09 1517-03-6687.000 :d Acreage: 0.35 ac Acreage: 0.36400809 ac unt Number: 1500014452 ra: COW INC Print this page Legal Description: RESERVED LT WESTFIELD ESTSEC 1 : 30251 BRIDGES ST MOREHEAD CITY, NC 28557 lefty Address: MARTIN ST NC State, Zip;, NC, iing Count:0 nship Code: 02 Code: I Building Value: $0 .I Outbuilding Value 1 $0 1 Land Value: $22000 1 Special Land Value : $0 Value : $22000 4 Deferred Veto.: $0 Assessed Value : $22000 Land Units, Unit Type : 0.35, AC Harnett Countv GIS Tax Data Last Modified: Calculated Land Units / Type: AC an Neighborhood: OD234 Actual Year Built: TotalAculalareaHedted: Sq/Ft Sale Month and Year: 1212014 Sale Price: $0 Deed Book & Page: 3271-0599 Deed Date: Plat Book & Page: - Inslrument Type: OD Vacant or Improved: QuailfiedCode: E Transfer or Split: T Prior Building Value: $0 Prior Outbuilding Value : $0 Prior Land Value : $20000 Prior Special Land Value :so - Prior Deferred Value : $0 Prior Assessed Value : $20000 Prior Land Units: ac httn://eis.harnett.oi-g/T;911Arm/Parcels/ParcelRennrt-asnx?nin=1517-04-6687.000 919XI 117 111111 city Council Agenda Form Meeting Date: li 10, 2017 i SUBJECT TITLE: Financial Report Presenter: Finance Director Mark Ste Department: Finance Attachment: X Yes No Public Hearina Advertisement Date: PURPOSE: Description: Financial Update Attached please find the Financial Update as of August 31, 2017 for your review BACKGROUND: BUDGET IMPACT: RECOMMEN DATIONIACTION REQUESTED: city of dunn FINANCE DEPARTMENT POST OFFICE BOX 1065 a DUNN, NORTH CAROLINA 28335 (910) 230-3500 ^ FAX (910) 230-3590 www.dunn-nc.org MEMORANDUM To: Honorable Mayor, City Council Members From: Mark Stephens, Finance Director Subject: Financial Report Date: October 10, 2017 Mayor Oscar N. Harris Mayor Pro Tom Billy Barfield Council Members Buddy Maness Dr. Gwen McNeill Frank McLean Billy Tart Chuck Turnage City Manager Steven Neuschafer • The City as of August 31, 2017 had $1,895,785 in cash in the General Fund and $2,655,067 in the Water -Sewer Fund. In August of 2016 the City had $1,538,095 in the General Fund and $1,984,248 in the Water and Sewer Fund. • Property tax collections through August were $11,558 or less than 1 % of budget. Last year property tax collections through August were $124,395 or 3.37% of budget. • Sales Tax Revenue is $183,130 or 9.51% of budget. Benchmark for this month is 8.33% of budget. • Utilities Sales Tax is $166,376 or 22.39% of budget. Benchmark for this month is 25.00% of budget. • Building Permit Fees were $11,383 or 17.51 % of budget. Benchmark for this month is 16.67% of budget. • Water and Sewer Revenues were $738,087 or 15.54% of budget. Benchmark for this month is 16.67% of budget. • Expenditures were 14.80% of budget in the general fund and 13.53% of budget in the water and sewer fund. The benchmark for this period is 16.67% of budget. DUNN All•Amerisa Cih D1NN DLINN All -America Mill city or dull" 1111I.F Ulty UoUnC11 Agenda YOM 1989*2013 Meeting te® October 10, 2017 1989*2013 SUBJECT TITLE: Tax Report, Planning & Inspections Report, Public Works Report, Recreation Report, Library Report & Police Report Presenter: City Manager Steven Neuschafer Department: Attachment: X Yes No Description: Monthly Reports Public Hearing Advertisement Date: N/A PURPOSE: Attached please find the following Monthly Reports for your review: A. Tax Report August, 2017 B. Planning & Inspections Report September, 2017 C. Public Works August, 2017 D. Recreation Report September, 2017 E. Library Report September, 2017 F. Police Report September, 2017 BACKGROUND: BUDGET IMPACT: RECOMMENDATIONIACTION REQUESTED: city of Bunn FINANCE DEPARTMENT POST OFFICE BOX 1065 ^ DUNN, NORTH CAROLINA 28335 (910) 230-3500 ^ FAX (910) 230-3590 www.dunn-nc.org Current Year Tax Collection through August 31, 2017 2017 TAXES Ad Valorem Levy Collections thru August 2017 Taxes Receivable August 2017 Percentage Collected Downtown 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 City Taxes Total $ 3,768,003 $ 35,668 $ 3,803,671 11,558 - 11,558 3,756,445 35,668 3,792,113 0.31% 0.00% 0.30% Dl 1NN x�[r. nmrn� nefAn September 2017' Monthly Development Report Planning & Inspections Department 1 102 N. Powell Ave., Dunn, NC 28334 1 phone 910-230-3503 1 fax 910-230-9005 1 www.dunn-nc.ora DORM Permit Fees Collected $6,026.50 Inspections Performed 63 Plans Reviewed 4 Demolitions 0 Certificate of Occupancy's S projects Issued Sign Permits 0 Plats Approved 2 Zoning Enforcement 1 Grant Information: • Completed the last project for FY 14-17 EPA Brownfields Grant. This included the renovation of E. Edgerton St. sidewalk project due to an underground storage tank. • Planning a bicycle rodeo with the police department at the local elementary school to deliver the grant awarded bicycle helmets. „.,, N wlrc <osmmu mrt!&rz Code Enforcement Map September 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.” ILUUDUNN 111, -f Junn Mere rmnr�nlh matleia Public Works Department I August 2017 1 Monthly Report 101 E. Cleveland St., Dunn, NC 28334 1 phone 910-892-2948 1 fax 910-892-8871 ( www.dunn-nc.org *Data from Mobile311 work order system (may not include all work performed) After Hours Call Out 5 Leak Repair 12 Hydrant Maintenance/Repair 55 Sewer Construction 6 Water Taps 1 Water Meter 6 Repair/Replacement Other —Sewer 10 *Data from Mobile311 work order system (may not include all work performed) �IIY D� INN u[ A���nmaw Mne!y Public Works Department I August 2017 1 Monthly Report 101 E. Cleveland St., Dunn, NC 28334 1 phone 910-892-2948 1 fax 910-892-8871 1 www.dunn-nc.or� *Data from A.B. Uzzle Water Treatment Plant records and Finance Department billing. WWTP Building Maintenance 1 *Data from NC DEQ DMR documents, Black River Wastewater Treatment Plant records, and Mobile311 Staff Accomplishments Pam Gibbons, Water Treatment Plant Superintendent, recently taught "Laboratory Procedures and Water Sampling" at the McKimmon Center in Raleigh during the annual American Water Works Association B-Surface Water Operators School. Dunn Parks & Recreation Department Monthly Review 12017 Dunn Parks & Recreation 1205 Jackson Road, Dunn, NC 28334 1 (910) 892-2976 Phone (910) 892-7001 Fax I wAunn-nc,arg September 2017 Dunn Parks & Recreation i Facility Rentals, Programs & Etc. Numbers Rentals Facility Dunn Community Building 4 Clarence Lee Tart Memorial Park 0 Nathan Harris Athletic Complex @ Tyler Park Baseball & Softball Field Rentals 2 2 P K Vyas Center — New Memberships 0 Renewed Memberships 30 Guest Memberships 3 Batting Caize Rentals 2 Monthly Recreation Report Dunn Parks & Recreation September Monthly Narrative Report Sports Programs: Mayor Oscar Harris treated our 2017 Angel s World Series Champions and their parents to a dinner held in their honor on September 121h followed by presentation of the proclamation at the monthly council meeting. Instructional soccer leagues began practice on Saturday, September 9` and games will begin on Saturday, September 301h. Our 101-1 and 13U boys and girls soccer leagues began practices the first week of September. Both leagues will begin games on September 28`h. Football leagues and cheer teams will begin games on September 26`h. Their picture day is schedule for October 9`^ Miracle League We began taking registrations for our Fall League. Once again Marathon Petroleum has sponsored the team waiving registration fees for parents. We have contacted previous participants and schools to encourage them to register. The splash pad is scheduled to close on Sunday, October 1s` Dunn Business Fest Family Medical's business festival was held on Tuesday, September 26 in the Dunn Community Building and the P. K. Vyas Center. Winter Registrations: Winter registration for our basketball leagues will begin on October 2"d Dunn Parks & Recreation Advisory Board will meet on Tuesday, October P at 6:00 p.m. September 2017 1 Monthly Library Report Dunn Public Library 1 110 E. Divine St., Dunn, NC 28334 ( phone 910-892-2899 1 fax 910-892-8385 www.dunn-nc.org/library September 2017 Library Monthly Narrative Report This is a follow-up to last month's report. The book box is now in place by the flagpole at Harnett Training School Senior Apartments. The library has placed a combination of academic titles and popular fiction that were donated to the library and were duplicates or were otherwise not suitable to be added to the library collection. It is properly called a Little Free Library and is affiliated with that organization which counts Little Free Libraries throughout the world as affiliates. Our particular one will serve residents of the apartments and students attending Central Carolina Community College programs on the campus. The Friends of the Dunn Public Library have paid for all of the expenses and compliments are due to Larry Benson for constructing an attractive Little Free Library City Manager Steven Neuschafer is to be credited with the direction to go ahead with the project and Planning Director Samantha Wullenwaber has promoted it to Senior Apartment residents and CCCC students alike. The library has restocked the Little Free Library twice. On the latter occasion, a resident commented favorably about its appearance and benefit to the library director. LLUJUNN vu✓wa romman' �� �malh� September 2017 1 Monthly Development Report Dunn Police Department 1 401 East Broad St., Dunn, NC 28334 1 phone 910-230-3503 fax 910-230-9005 1 www.dunn-nc.org CID Narrative: On June 6th, 2017, Officers responded to a female subject that had been kidnapped from her home and then beaten with a bat. She suffered multiple breaks to her right arm. The suspect was quickly charged and finally located in September and arrested. Narcotics Narrative: The narcotics division with the assistance of the ATF and U.S. Marshal's fugitive task force conducted surveillance over several days on locations where a suspect wanted for multiple felony drug warrants that were issued by our agents had been seen. The suspect was located in Fayetteville and was transported by our agents to the Harnett County Jail where he is being held under a $1 million dollar DUNN 6" o, d.— W/fC)E fOIA)R,5r va&F bond. Our agents provided mutual aid to Sampson County Sheriff's Office during the week of September 18-22 for a criminal interdiction operation that was conducted in their county. A search warrant was conducted at a residence located at 1000 South King Avenue after receiving information about drug activity at the residence. Agents located an outbuilding at the residence where the tenant used for selling alcohol and controlled substances. The tenant was not on scene during the execution of the search warrant and a warrant for arrest was issued for him for multiple charges. • •• •• ig Running Red Light Failure to reduce speed Misdemeanor• �I \rrests SeizedFirearms Marijuana Seized Cocaine Seized Heroin• .- - Other Drugs Seized SeizedU.S. Currency • Patrol Narrative: 1. ON 09/26/2017 AT APPROXIMATELY 3:47 AM, OFFICER Z. JACOBS, RESPONDED TO A BREAKING AND ENTERING CALL AT 609 W. JOHNSON STREET. UPON ARRIVAL, I MADE CONTACT WITH MR. DONALD LEE, OF SAID ADDRESS, AND HE STATED AN UNKNOWN SUBJECT CAME INSIDE HIS RESIDENCE AND GRABBED HIM. 2. ON 09/30/2017 OFFICER C.M. DEAN RESPONDED TO 800 SOUTH MCKAY AVENUE IN REFERENCE TO AJUVENILE CARDIAC ARREST. OFFICER DEAN AND LT. J. BAREFOOT ARRIVED ON SCENE ALONG WITH EMS. OFFICER DEAN SPOKE WITH, DAVID SMITH, B/M WHO REPORTS THAT HIS GRANDSON, KALEB WATLINGTON, B/M HAD HUNG HIMSELF IN THE HIS BEDROOM. CRIMINAL INVESTIGATION DIVISION WAS CONTACTED. 3. ON 09/20/2017 AND 09/22/2017 BLEECKER AUTOMOTATIVE REPORTED LARCENY OF RIMS AND TIRES OFF OF VEHICLE'S LOCATED ON THERE LOT. THE TIRES AND RIMS WERE VALUED AT $8917.81. \` d ) \ i//)\ao} k ei/ $ @ � (\\ 000 \\ J E . �k k , \ \ 1-1 > ,\ ) ° a C) )r/>\g\ 3{zl:o:y fi:i2\\ ) { : � k AN JUVENILE MONTHLY REPORT Criminal Investigation Division Detective J. Brannan MONTH OF SPEPTEM 3ER 2017 TOTAL JUVENILE CASES CASES ASSIGNED: 06 06 CASES FILED INACTIVE: 00 00 CASES EXCEPTIONALLY CLEARED: 00 00 CASES CLEARED BY ARREST: 03 03 CASES UNFOUNDED: 01 01 TOTAL CASES CLOSED: 4 CURFEW WARNINGS 00 CURFEW VIOLATIONS 00 SPECIAL OPERATIONS WORDED: 0 COMMUNITY SERVICES/PRESENTATIONS: 0 VALUE OF RECOVERED PROPERTY: $0.00 VALUE OF NARCOTICS/MONIES SEIZED: $0.00 ARRESTS: (ADULT) FELONY: 00 (ADULT) MISDEMEANOR: 00 (JUV) FELONY: 00 (JUV) MISDEMEANOR: 04 TOTAL ARRESTS: FEL: 00 MISD: 04 September 1, 2017 ANIMAL CONTROL ACTIVITIES #CALLS LOGGED: (complaints: 83 Citizen assist: 71) #DOGS PICKED UP: #DOGS LEFT IN POUND: July #DOGS RETURNED: #DOGS ADOPTED: #DOGS ESCAPED: #DOGS PUT TO SLEEP: #DOGS IN POUND: #DOG BITES REPORTED: #DOGS QUARANTINED: #CAT BITES: #CATS QUARANTINED: #CATS PICKED UP: #CATS PUT TO SLEEP: #CATS ADOPTED: #CATS ESCAPED: #CATS RETURNED: #OTHER ANIMAL CALLS: #WARNINGS ISSUED MILEAGE: Respectfully Submitted, August 2017 154 64 32 r1R 36 (32 by rescue) 0 37 3 c 1 1 38 24 07 0 0 1 snake 1 possum WRITTEN: 29 VERBAL: 22 End of Month: 109256 Beginning of Month: 108504 Truck #55 752 Patti Lane Collins, Animal Control Officer CIVIL CITATIONS: 07 End of Month: 158415 Beginning of Month: 157444 Truck #56 971 bcft" fl-M' D U"kh-N"' b1W All•AmericaCig pity or 1„n AlhAmericaCity 1 1 City,Counc.11 Agenda Form 1 f 1111. ® Meeting Date; October 10, 2017, 1989 * 2013 1989 * 2013 SUBJECT 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. Finance Director Stephens will be giving a brief update from the Finance Department. Page I 1 Announcements October 10, 2017 City Council Meeting ➢ There will be a Special Call Meeting on Tuesday, October 17, 2017 @ 7:00 p.m. to review and discuss the MeterSys Feasibility Study for the Auto Read Meters ➢ "Trick or Treat" times will be observed in the City limits of Dunn on Tuesday, October 31 st from 5 :00 p.m. until 8 : 3 0 pm. ➢ 19th Annual North Carolina Cotton Festival will be held on Saturday, November 4th from 10 am until 4 pm in Downtown Dunn. Page (2 Announcements October 10, 2017 City Council Meeting City offices will be closed Friday, November 10' in observance of Veterans Day. ➢ The next regular City Council Meeting is scheduled for Tuesday, November 14, 2017 @ 7:00 pm. DUNN HOUSING AUTHORITY BOARD MEETING 817 STEWART STREET MONDAY, JUNE 19, 2017 5:30 PM CHAIRMAN ERIC SINCLAIR CALLED THE MEETING TO ORDER AT 5:30 PM ON MONDAY, JUNE 19, 2017, UPON ROLL CALL THE FOLLOWING WERE PRESENT; CHAIRMAN SINCLAIR, VICE-CHAIRMAN LEE, COMMISSIONER DAIL, COMMISSIONER 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 WAS MADE BY VICE CHAIRMAN LEE AND SECONDED BY COMMISSIONER DAIL, AYES AND NAYS WERE AS FOLLOWS: AYES NAYS CHAIRMAN SINCLAIR VICE-CHAIRMAN LEE COMMISSIONER DAIL NONE COMMISSIONER HOLLOWAY COMMISSIONER DRAUGHON MOTION CARRIED, OCCUPANCY REPORT: TOTAL RENT FOR MAY WAS $31,352.00, AVERAGE RENT PER UNIT WAS $223.94. SINCE THE LAST MEETING THERE WAS ONE MOVE -IN, FOUR MOVE -OUTS AND NO TRANSFERS. THERE WERE THREE VACANT UNITS, THE BOARD APPROVED FOUR CHARGE OFFS IN THE AMOUNTS OF $250.00 (CLARISSA SMITH); (271.00 (DANIELLE WHITE); $635,00 (STARKILA LETT) AND $591.00 (DASHAWN DOUGLAS) FOR THE TOTAL AMOUNT OF $1,747.00. SECRETARY NORRIS TOLD THE BOARD TWO ACCOUNTS WERE EVICTIONS FOR NON-PAYMENT OF RENT AND JUDGEMENTS HAD BEEN AWARDED TO DHA. ALL ACCOUNTS HAVE BEEN SENTTO THE NC DEBT SETOFF CLEARINGHOUSE, CHARGE OFFS YEAR TO DATE ARE $ 3605.00. THERE WAS ONE RECOVERY IN THE MONTH OF JUNE IN THE AMOUNT OF $197.00 (BRANDY OWENS- ROGERS). TOTAL RECOVERIES YEAR -TO DATE ARE $1134.75. THE BOARD REVIEWED COPIES OF THE WORK ORDER SUMMARIES FOR THE MONTH. CHAIRMAN SINCLAIR ASKED ABOUT OUTSTANDING WORK ORDER WHICH WERE FOR THREE RECENTLY VACATED 6 'a OLU 'ON Wd :6 LM 'z( Ad S UNITS THAT WERE UNDER RENOVATION AND ANOTHER WORK ORDER THAT WAS CALLED INTO THE OFFICE THAT WAS TO BE COMPLETED BY HVAC CONTRACTOR, THERE WERE 72 WORK ORDERS CALLED IN AND COMPLETED FOR THE MONTH. THE FINANCIAL BALANCE SHEETS WERE NOPT AVAILABLE FOR REVIEW AND WILL BE PRESENTED ATJULY MEETING. COMMUNICATIONS: A LETTER FROM PHADA (PUBLIC HOUSING AUTHORITY DIRECTOR'S ASSOCIATION) WAS REVEIWED BY THE BOARD. SECRETARY NORRIS TOLD THE BOARD SHE HAD TALKED WITH SEVERAL OTHER AGENCIES AND THERE WERE NONE THAT HAD RECEIVED ANY COMPENSATION FROM THE PRIOR LAWSUIT. THERE IS A $1000 FEE THAT MUST BE PAID TO PHADA TO BE INCLUDED IN THE LAWSUIT. AFTER SOME DISCUSSION IT WAS THE DECISION OF THE BOARD TO NOT PARTICIPATE. THE BOARD READ AND BRIEFLY DISCUSSED A COPY OF A LETTER THAT WAS SENT TO ALL RESIDENTS OF DHA. THE LETTER WAS AN INTRODUCTION TO A NEW SMOKE -FREE HOUSING RULE THAT IS TO BE IMPLEMENTED IN ALL PUBLIC HOUSING NO LATER THAN JULY 18, 2018, SECRETARY NORRIS ADVISED THE BOARD THERE WILL BE MEETING HELD IN ALL COMMUNITIES OVER THE NEXT FEW MONTHS TO ALLOW RESIDENTS TO BECOME EFAMILIAR WITH THE NEW POLICY. CHAIRMAN DAIL ASKED IF THE HEALTH DEPARTMENT WOULD BE INVITED TO SPEAK ON THE MATTER. SECRETARY NORRIS EXPLAINED THAT SHE HAD SPOKEN WITH BELINDA RAYNER OF THE HARNETT COUNTY HEALTH DEPARTMENT AND THE FIRST MEETING IS PLANNED FOR AUGUST 08, 2017 AND MRS. RAYNER WILL BE THE SPEAKER ON HEALTH ISSUES. A LETTER WILL BE SENT TO ALL RESIDENTS WITHIN 2 WEEKS PRIOR TO MEETING. THE BOARD ALSO REVIEWED A COPY OF A 48-HOUR REQUIRED NOTICE SENTTO RESIDENTS OF HARNETT TERRACE WHICH INFORMED THEM OF AN INSPECTION OF THE RECENTLY INSTALLED HVAC SYSTEMS, THERE WERE NO COMMENTS. OTHER BUSINESS A MATTER CONCERNING CABLE/SATELLITE/INTERNET INSTALLATION THAT WAS TABLED FROM THE MAY MEETING WAS DISCUSSED, A NEW POLICY REQUIRING MAINTENANCE/OFFICE STAFF TO BE NOTIFIED PRIOR TO INSTALLATION WAS PRESENTED. AFTER REVIEWING THE NEW POLICY, VICE-CHAIRMAN LEE STATED THE POLICY NEEDED SOME CLARIFICATION ON THE DISTANCE REQUIREMENTS FOR SATELLITE POLES. THE BOARD AGREED IT COULD BE CONFUSING, SECRETARY NORRIS TOLD THE BOARD SHE WOULD MAKE THE CORRECTION IMMEDIATELY. A FIRST MOTION WAS MADE BY VICE-CHAIRMAN LEE AND SECONDED BY COMMISSIONER HOLLOWAY TO APPROVE THE POLICY WITH CLARIFICATION OF DISTANCE REQUIREMENTS. AYES AND NAYS WERE AS FOLLOWS: AYES NAYS CHAIRMAN SINCLAIR VICE-CHAIRMAN LEE COMMISSIONER DAIL NONE COMMISSIONER HOLLOWAY E 'd OLE 'ON W S:6 c106 '61 AOS COMMISSIONER DRAUGHON MOTION CARRIED, RESOLUTION # 2017-03 CHAIRMAN SINCLAIR TOLD THE BOARD THERE WAS ANOTHER ISSUE THAT HE WOULD LIKE TO MENTION THATWAS NOT ON THE AGENDA. HE STATED THAT SOME OF THE OTHER HOUSING AUTHORITY BOARDS HAD MEALS CATERED DURING MEETINGS AND WOULD LIKE TO GET THEIR INPUT ON THE MATTER. ALL MEMBERS OF THE BOARD DECLINED, WITH NO OTHER COMMENTS, THE MEETING WAS ADJOURNED. ERIC L. SINCLAIR, SR. DEBBilEJ, N01 IS CHAIRMAN SECRETARY b 'd OCOI 'ON Wd :6 L 10Z '6l A9S DUNN HOUSING AUTHORITY I1'�i�7i�1jiC7��� • � Board Approval of Policy for Cable/Satellite and Cable Installation WHEREAS, the Dunn Housing Authority Board of Commissioners have received a copy of a proposed policy concerning satellite/cable and internet installation; WHEREAS, the Board of Commissioners have agreed to accept and implement the policy concerning new requirements for satellite/cable and internet installation; NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the Dunn Housing Authority meeting in regular session, Monday, June 19, 2017 at 5:30 PM that said Installation Policy become effective immediately. 4 � Eric L. Sinclair, Sr. Board Chairman Secretary 101 "-'somork eb W s 'd ocol'IN Wd :Z M6'61 "S RESOLUTION 2017-4 APPROVAL OF 2017.2018 UTILITY ALLOWANCE SCHEDULE Whereas, HUD regulations require Dunn Housing Authority to conduct an annual update of utility allowance schedule; Whereas, a thirty (30) day notice of review and comment period to all residents is required by HUD prior to implementing any change in utility allowances by Dunn Housing Authority; Whereas, an update of all utilities have been conducted by the housing authority; Whereas, all residents have been notified of the 2017-2018 Utility Allowance for a period of thirty (30) days for review and comment; Whereas, the Executive Director has presented the 2017-2018 Utility Allowance Schedule to the Board for review; Now, Therefore Be It Resolved by the Board of Commissioner meeting in regular session on Monday, July 17, 2017 at 530 pm, 817 Stewart Street, Dunn, NC, the 2017.2018 Utility Allowance Schedule be approved as presented, accepted and made effective September 01, 2017. Eric Sinclair, Sr. Board Chairman Executive Director 9 'd oLd) 'IN Wd :6 LIE 'a) AOS COMMUNICATIONS; THE BOARD WAS INFORMED OF THE MONTHLY CONSTRUCTION MEETING WITH STOGNER ARCHITECTURE AND MASER MECHANICAL, SECRETARY NORRIS TOLD THE BOARD THERE WERE SOME PROBLEMS THAT HAD NOT BEEN ADDRESSED AND UNTIL CORRECTED PAYMENT COULD NOT BE RELEASED. STOGNER WAS AWAITING A RESPONSE FROM MOSER MECHANICAL CONCERNING DAILY LOGS AND OTHER HUD REQUIREMENTS THAT HAD TO BE MET, OTHER BUSINESS THE BOARD OF COMMISSIONERS REVIEWED A COPY OF THE 2017 ENERGY AUDIT THAT WAS RECENTLY PERFORMED. AFTER A FEW COMMENTS ABOUTTHE AUDIT, SECRETARY NORRIS INFORMED THE BOARD THAT IT WAS REQUIRED EVERY FIVE YEARS AND RECOMMENDATIONS WERE USUALY MADE CONCERNING REPLACEMENT OF EQUIPMENT, THE AUDIT MADE ONE RECOMMEDNATION CONCERNING REPLACE OF LIGHTING WITH LED LIGHTING WHEN FEASIBLE. THERE WERE FEW OTHER COMMENTS. SECRETARY NORRIS SPOKE TO THE BOARD ABOUT A CONCERN WITH CABLE/SATELLITE COMPANIES INSTALLATIONS, SHE SAID THERE HAD BEEN SOME PROBLEMS WITH INSTALLATIONS BY DIFFERENT COMPANIES AND SHE WOULD LIKE TO IMPLEMENT A POLICY CONCERNING INSTALLATION, SECRETARY NORRIS SAID ON SOME OF THE INSTALLS, WIRES WERE BEING PULLED THROUGH WINDOW SCREENS, SOME LEFT ON THE GROUND ETC. AND IT HAD BECOME AN EYE SORE. VICE CHAIRMAN LEE SAID HE HAD VISITED THE DIFFERENT PROPERTIES AND HAD SEEN SOME OF THE PROBLEMS AS WELL. COPIES OF POLICIES FROM THREE OTHER HOUSING AUTHORITIES WERE REVIEWED, AFTER MUCH DISCUSSION CHAIRMAN SINCLAIR ADVISEDTHE SECRETARY TO WRITE UP A POLICY CONCERNING THE ISSUE AND BRING IT BACK BEFORE THE BOARD FOR APPROVAL, THE BOARD AGREED TO REVIEW THE ISSUE AT THE JUNE MEETING. WITH NO OTHER COMMENTS, THE MEETING WAS ADJOURNED, W Y ERIC L. SINCLAIR, SR, DEB CHAIRMAN SECRETARY s 'a it01 'IN MOL<V 'Z� AaS Sep, 19, 2017 2:35PM DUNN HOUSING AUTHORITY BOARD MEETING No, 1090 P, 2 617 STEWART STREET MONDAY, JULY 17, 2017 5:30 PM CHAIRMAN ERIC SINCLAIR CALLED THE MEETING TO ORDER AT 5:30 PM ON MONDAY, JULY 17, 2017. UPON ROLL CALL THE FOLLOWING. WERE PRESENT: CHAIRMAN SINCLAIR, VICE-CHAIRMAN LEE, COMMISSIONER DAIL, COMMISSIONER DRAUGHON, COMMISSIONER HOLLOWAY AND SECRETARY DEBBIE WOODELL, THE MEETING WAS OPENED WITH A PRAYER BY CHAIRMAN SINCLAIR, MINUTES OF THE PREVIOUS MEETING WERE READ AND APPROVED, FIRST MOTION WAS MADE BY VICE CHAIRMAN LEE AND SECONDED BY COMMISSIONER DRAUGHON, AYES AND NAYS WERE AS FOLLOWS: AYES NAYS CHAIRMAN SINCLAIR VICE-CHAIRMAN LEE COMMISSIONER DAIL NONE COMMISSIONER HOLLOWAY COMMISSIONER DRAUGHON MOTION CARRIED. OCCUPANCY REPORT: TOTAL RENT FOR JULY WAS $31,105.00. AVERAGE RENT PER UNIT WAS $217.52. SINCE THE LAST MEETING THERE WERE FOUR MOVE -INS, ONE MOVE -OUT AND NO TRANSFERS, THERE WERE NO VACANT UNITS. THERE WERE NO CHARGE -OFFS FOR THE MONTH, CHARGE OFFS YEAR TO DATE ARE $ 3693.00. THERE WAS ONE RECOVERY IN THE MONTH OF JULY IN THE AMOUNT OF $25.00 FROM BRITANY CAMERON. TOTAL RECOVERIES YEAR -TO DATE ARE $1159,75. THE BOARD REVIEWED COPIES OF THE WORK ORDER SUMMARIES FOR THE MONTH, CHAIRMAN SINCLAIR ASKED ABOUT ONE OUTSTANDING WORK ORDER AS OF 06/30/2017, SECRETARY WOODELL ADVISED THE BOARD THAT THE ORDER WAS PENDING UNIT TURNAROUND FOR A MOVE -OUT AND IT HAD SINCE BEEN CLOSED OUT. Sep. 19, 2017 1 2, 35PML BALANCE SHEETS WERE REVIEWED FOR THE MONTH OF MAY At 10K 20�P;. 3JICE- CHAIRMAN LEE MENTIONED THE DIFFERENCES IN THE BEGINNING BALANCES OF TENANT ACCOUNTS RECEIVABLE. THE SECRETARY ADVISED THE BOARD THAT THERE WAS A DIFFERENCE IN EACH MONTH'S BEGINNING BALANCE OR CREDIT, DEPENDING ON HOW MUCH RENT AND OTHER TENANT ACCOUNTS WERE PRE -PAID PRIOR TO THE NEW RENT BEING CHARGED. THERE WERE NO OTHER COMMENTS. COMMUNICATIONS: HUD LETTER OF APPROVAL FOR $236,209.00 FOR FY 2017 CAPITAL FUNDS WAS REVIEWED BY THE BOARD. SECRETARY WOO DELL REMINDED THE BOARDTHATTHE CAPITAL FUND GRANT WOULD BE USED ACCORDING TO THE 2017 ANNUAL PLAN WHICH HAS BEEN DESIGNATED FOR ROOF REPLACEMENT AT ALL BUILDINGS, ALSO, A PORTION OF THE 2018 GRANT MONEY WOULD BE USED TO COMPLETE ROOF REPLACEMENT ONCE APPROVED BY HUD IF 2017 FUNDS WERE NOT SUFFICIENT TO COVER THE COSTS. ANY REMAINING BALANCE OF 2018 WOULD BE DESIGNATION ACCORDING TO HUD GUIDELINES. OTHER BUSINESS SECRETARY WOODELL EXPLAINED TO THE BOARD THAT EFFECTIVE SEPTEMBER 01, 2017, THERE WOULD BE A CHANGE IN UTILITY ALLOWANCES AS REQUIRED BY HUD. SHE TOLD THE BOARD THAT AN ENERGY AUDIT, WHICH IS REQUIRED EVERY FIVE (5) YEARS HAD BEEN COMPLETED AND IT HAD MADE SOME MINOR CHANGES IN THE UTILITY ALLOWANCES IN COMPARISON TO THE LAST COUPLE OF YEARS, THEREFORE RENTS WOULD FLUCTUATE DEPENDING ON WHICH SITE THE RESIDENT LIVED IN. FOR EXAMPLE A RESIDENT WHO PAID ELECTRIC BILL ONLY WOULD NOT BE ENTITLED TO AS MUCH UTILITY ALLOWANCE AS A RESIDENT THAT PAID THEIR ELECTRIC AND WATER BILL. A COPY OF THE NEW ALLOWANCES WERE PRESENTED TO THE BOARD MEMBERS FOR A RESOLUTION. A FIRST MOTION WAS MADE BY VICE-CHAIRMAN LEE AND SECONDED BY COMMISSIONER DAIL TO APPROVE THE NEW UTILITY ALLOWANCES EFFECTIVE SEPTEMBER 01, 2017, AYES AND NAYS WERE AS FOLLOWS: AYES NAYS CHAIRMAN SINCLAIR VICE-CHAIRMAN LEE COMMISSIONER DAIL NONE COMMISSIONER HOLLOWAY COMMISSIONER DRAUGHON MOTION CARRIED, RESOLUTION # 2017-04 THE COMMISSIONERS REVIEWED A NEW GABLE/SATTELITE/INTERNET INSTALLATION POLICY WHICH HAD BEEN TABLED FROM THE JUNE 2017 MEETING. AFTER REVIEWING THE POLICY, COMMISSIONER DAIL MADE FIRST MOTION AND COMMISSIONER HOLLOWAY SECONDED THE MOTION TO ACCEPT NEW POLICY. AYES AND NAYS WERE AS FOLLOWS: AYES NAYS Sep. 19, 2017.1f 2:35PKICLAIR VICE-CHAIRMAN LEE COMMISSIONER DAIL COMMISSIONER HOLLOWAY COMMISSIONER DRAUGHON MOTION CARRIED. RESOLUTION#2017.05 No.1090 P, 4 CHAIRMAN SINCLAIR MENTIONED THAT FOR THE AUGUST 2017 REGULAR BOARD MEETING, ALL COMMISSIONERS AND THE BOARD SECRETARY WERE SCHEDULED FOR OUT OF STATE TRAINING. THE BOARD DECIDED TO CANCEL THE AUGUST MEETING AND CONTINUE IN SEPTEMBER (WHICH WILL INCLUDE THE MONTH OF AUGUST AND SEPTEMBER MATERIAL). WITH NO OTHER COMMENTS, THE MEETING WAS ADJOURNED, ERIC L. SINCLAIR, SR, CHAIRMAN v GQ�. DEBBIKN. Woodell SECRETARY CLOSED SESSION CRITERIA (Specify one or more of the following permitted reasons for closed sessions) Move that we go into closed session in accordance with: [N.C.G.S. 143-318.11(a)(1)] Prevent the disclosure of privileged information i Under the North Carolina General Statutes or regulations i Under the regulations or laws of the United States. [N.C.G.S. 143-318.11(a)(2)] Prevent the premature disclosure of an honorary award or scholarship [N.C.G.S. 143-318.11(a)(3)] Consult with the Attorney To protect the attorney -client privilege. To consider and give instructions concerning a potential or actual claim, administrative procedure, or judicial action. i To consider and give instructions concerning a judicial action titled vs [N.C.G.S. 143-318.11(a)(4)] To discuss matters relating to the location or expansion of business in the area served by this body. [N.C:G.S. 143-318.11(a)(5)] To establish or instruct the staff or agent concerning the negotiation of the price and terms of a contract concerning the acquisition of real property located at (OR) To establish or instruct the staff or agent concerning the negotiations of the amount of compensation or other terms of an employment contract. ' [N.C.G.S. 143-318.11(a)(6)] To consider the qualifications, competence, performance, condition of appointment of a public officer or employee or prospective public officer or employee. (OR) To hear or investigate a complaint, charge, or grievance by or against a public officer or employee. [N.C.G.S. 143-318.11(a)(7)] To plan, conduct, or hear reports concerning investigations of alleged criminal conduct. School violence 143-318.11(a)(8) and terrorist activity (9).