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Agenda 11-14-2017
Dunn City Council Meeting Agenda Tuesday Evening, November 14, 2017 7:00 p.m., Dunn Municipal Building Call to Order Invocation Pledge of Allegiance SECTION 1) Adjustment and Approval of the November 14, 2017 meeting agenda PRESENTATIONS 2) Presentation by Clem Medley, President of the Dunn Community Development Corp. 3) Presentation by William Elmore, Chairman of the Downtown Dunn Development Corp. — Main Street Committee 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) Ordinance Amendment OA-05-17; Chapter 4 Buildings and Building Regulations, Non -Residential Building Maintenance Code 6) Resolution Authorizing Issuance of Tax -Exempt Bonds for Pinewood Apartments, LLC CONSENTITEMS 7) Minutes — October 10, 2017 8) Minutes — October 17, 2017 — Special Call Meeting 9) Proclamation — National Hospice Palliative Care Month — November 2017 10) Consideration of Resolution Authorizing the Disposition of Personal Property 11) Temporary Blocking of Streets —Annual Downtown Christmas Tree Lighting Ceremony 12) Temporary Blocking of Streets —Annual Christmas Parade 13) Temporary Blocking of Streets — Another Barber Shop 14) Budget Amendment #5 — BA#5 NCDOT Reimbursement for Dunn Erwin Road 15) Resolution — Retiring Paco a Canine Assigned to the Dunn Police Department ITEMS FOR DECISION 16) Ordinance Amendment OA-05-17; Chapter 4 Buildings and Building Regulations, Non -Residential Building Maintenance Code 17) Consideration of Ordinance to Demolish Structure — 510 Spring Branch Road — PIN# 1516-71-5790.000 18) Board Appointment— Dunn Area Tourism Authority 19) Acceptance of Martin Street Property - PIN# 1517-03-6687.000 20) Settlement Agreement for Hurricane Matthew Damages — Jimmy Coats 21) Contract Award — FEMA Repairs from Hurricane Matthew ITEMS FOR DISCUSSION AND/OR DECISION 22) Consideration of Resolution Authorizing Issuance of Tax -Exempt Bonds for Pinewood Apartments, LLC 23) Bay Street Water/Stormwater Project Update 24) Financial Report 25) Administrative Reports a. Tax Report b. Planning & Inspections Report c. Public Works Report d. Recreation Report e. Library Report f. Police Report g. Weedy Lot/Assessment Report h. Property Report 26) City Managers Report 27) Announcements 28) Information 29) 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" Adjustment 1 Approval of the November . . to 1 1 DAll-America City 'A I,, "f � All -America Cily ii it i4 t� _ 111111 city cou cil Beni � � 1 1 ® Meetingate® November 7 , 1989'�2013 1989*2013 SUBJECT TITLE: Dunn Community Development Corporation presentation by President Mr. Clement Medley, Jr. Presenter: Clement Medley, Jr. Samantha Wullenwaber Department: Planning & Inspections Attachment: Yes X No Description: Public Hearing Advertisement Date: PURPOSE: Nir. Clement Medley, Jr. will provide an update on the Dunn Community Development Corporation and the Dunn Fnrichment Center Campus. BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: LWU LNN city Coun-cil Agenda Form 1989*2013 Meetingate® November e 1989 2013 SUBJECT TITLE: Presentation — Dunn Downtown Development Corp. presentation by Chairman William Elmore Presenter: William Elmore Department: Attachment: Yes X No Description: Public Hearing Advertisement Date: PURPOSE: Mr. Elmore will provide an update on the Dunn Downtown Development Corporation activities. BACKGROUND: BUDGETIMPACT: RECOMMENDATION/ACTION REQUESTED: � � � �' 11 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. CouncilDULMN D" City � a Agenda Form Meeting ay; Date: November 4 2017 a -IIx 81111110l Presenter: Department: Planning & Inspections Attachment: X El Yes ❑ No Public Hearing Advertisement Date: October 4th & 10th, November 7, 2017 PURPOSE: OA-05-17 ; Chapter 4; Buildings & Building 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 4th & 10th, and November 7th, 2017. BACKGROUND: BUDGET IMPACT: 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 NOVEMBER 14, 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 Chapter4; 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. IL-W UUNN j:o. Council "- �: J � Meeting November 2013 1989 SUBJECT TITLE: Resolution Authorizing Issuance of Tax -Exempt Bonds for Pinewood Apartments LLC Presenter: Attachment: x Yes No Public Hearing Advertisement Date: Description: Notice of Public Hearing The public has been notified that oral and written comments will be head and received concerning the request to authorize the Issuance of Tax -Exempt Bonds for Pinewood Apartments LLC. The public hearing was duly advertised on October 31", 2017 BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: NOTICE OF PUBLIC HEARING Notice is hereby given that the City of Dunn, North Carolina (the "Facility Jurisdiction") through its City Council and the Public Finance Authority (the "Issuer") will hold a public hearing at [7:00 p.m.], local time, on November 14, 2017, in [the Council Chambers, Dunn Municipal Building, 401 E. Broad Street, Dunn, North Carolina 28334], regarding a proposal by Pinewood Apartments, LLC, a North Carolina limited liability company, or its successors or assigns (the "Borrower") to the Issuer for the Issuer to issue its Multifamily Housing Revenue Bonds (the "Bonds") in the aggregate principal amount not to exceed $11,200,000. A portion of the proceeds of the Bonds will be loaned to the Borrower for the purpose of (i) financing the acquisition, rehabilitation and equipping of a residential rental housing facility containing 60 apartment units for persons of low and moderate income located at 400 Ponderosa Drive, Dunn, North Carolina 28334 (the "Facility"), and (ii) financing the costs of issuance incurred in connection with the Bonds. The Bonds will be issued as a part of a portfolio consisting of Public Finance Authority Multifamily Housing Revenue Bonds (The Ezekiel Foundation, Inc. North Carolina Portfolio Project) which will also finance two other multifamily residential rental properties in North Carolina. The Bonds are expected to be issued pursuantto Section 66.0304 of the Wisconsin Statutes, as amended, and the proceeds from the sale of the Bonds will be loaned to the Borrower and used to finance the acquisition, rehabilitation and equipping of the Facility. The initial owner, operator or manager of the Facility is expected to be the Borrower. THE BONDS SHALL NOT REPRESENT OR CONSTITUTE A DEBT OR PLEDGE OF FAITH AND CREDIT OR ANY TAXING POWER OF THE FACILITY JURISDICTION, THE AUTHORITY, THE STATE OF NORTH CAROLINA, THE STATE OF WISCONSIN OR ANY POLITICAL SUBDIVISION OF THE STATE OF NORTH CAROLINA OR THE STATE OF WISCONSIN. The public hearing is being held pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended. The public is invited to comment on any of the matters herein noted, and all taxpayers, residents or interested parties who appear will be given a reasonable opportunity to express their views, both orally and in writing, on the proposed plan of financing for the Facility and other matters relating to the Bonds. Written comments may also be submitted to the Issuer and the Facility Jurisdiction through the City Council by delivering such comments clearly marked "Re: Pinewood Apartments" to the [Clerk's Office] at (910) 230-3500 or at 401 E. Broad Street, Dunn, North Carolina 28334 by [COMMENT DELIVERY DATE]. Notice dated [NOTICE PUBLICATION DATE]. 10364818 LD/ACR *,IL-W L)UNN City Council Agenda Form 1 I ° Meeting Date: Novi e 7 1989 50' 2013 1989 * 2013 SUBJECT TITLE: Minutes — October 10, 2017 Presenter: Department: Attachment: X Yes No Description: October 10, 2017 — Minutes Public Hearing Advertisement Date: NIA PURPOSE: Attached please find the minutes of the October 10, 2017 City Council meeting for your consideration. BACKGROUND: BUDGETIMPACT: RECOMMEN DATIONIACTION 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 Tom 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 I{ing, Planning & Inspections Director Samantha Wullenwaber, Police Captain Jenkins, 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 Roy Johnson, Police Chaplain and Director of Pastoral Care for Harnett Health System, to give the invocation. Afterwards, the Pledge of Allegiance was repeated. AGENDA ADJUSTMENT AND APPROVAL Motion by Council Member Turnage and seconded by Council Member McNeill to adopt the October 10, 2017 meeting agenda with changes, if any, as listed below. Agenda Items Added none Agenda Items Removed: • none Motion unanimously approved. PRESENTATION Resolution Presentation Blount Whiteside, Jr. Mayor Harris presented a Proclamation to Blount Whiteside, Jr, in recognition and appreciation for his more than 30 years of service to the City of Dunn Board of Adjustment. A copy of Resolution (R2017-19) recognizing Blount niteside, Jr. is incorporated into these minutes as Attachment #L Proclamation Veterans Day Council Member Turnage read the Veterans Day Proclamation. A copy of Proclamation (P2017-21) in honor of Veterans Day is incorporated into these minutes as Attachment 92. 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. Hearing no comments, Mayor Harris closed the Public Comment portion of the agenda. PUBLIC HEARINGS 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 The public has been notified that oral and written comments will be heard and received concerning the public 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 Sheet. The public hearing was duly advertised on September 18a' & 25th, 2017 and October 2"" & 10's, 2017. Hearing no comments, Mayor Harris closed the public hearing. Demolition of House 803 '/: N. Magnolia Avenue PINY 1516-88-5976.000 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 Avenue, Dunn, NC. The public hearing was duly advertised on September 28, 2017 and October 3, 2017. FIearing no comments, Mayor Harris closed the public hearing. Property Unfit for Human Habitation 1002 N. Fayetteville Avenue PIN# 1517-70-8361.000 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 located at 1002 N. Fayetteville Avenue, Dunn, NC as Unfit for Human Habitation. The public hearing was duly advertised on September 28, 2017 and October 3, 2017. Hearing no comments, Mayor Harris closed the public hearing. Ordinance Amendment— OA-05-17 Chapter 4; Buildings and Building Regulations 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 46 & 10's, 2017. Hearing no comments, Mayor Harris closed the public hearing. CONSENTITEMS Minutes — Council considered approval of the minutes of September 12, 2017 City Council Meeting Proclamation — National Friends of Libraries Week. A copy of Proclamation (P2017-22) is incorporated into these minutes as Attachment #3. Consideration of Resolution Urging a Safe and Courteous Halloween on Tuesday, October 31, 2017. A copy of Resolution (R2017-20) is incorporated into these minutes as Attachment 94. Motion by Council Member Barfield and seconded by Council Member McLean to approve all consent items. Motion unanimously approved. ITEMS FOR DECISION 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 The Resolution of Intent to close the above referenced street was adopted by City Council on September 12, 2017 and the public meeting was held tonight. Motion by Council Member Tart and seconded by Council Member Barfield to adopt the Resolution 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. Motion unanimously approved. A copy of Resolution and Order (R2017-21) is incorporated into these minutes as attachment 95. Consideration of Ordinance to Demolish House 803'/, N. Magnolia Avenue PIN# 1516-88-5976.000 Chief Building Inspector Steven Ding has conducted an inspection at 803 % N. Magnolia 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 Barfield and seconded by Council Member Tart to adopt the Ordinance directing the Chief Building Inspector to proceed with the demolition of the dwelling located at 803 '/2 N. Magnolia Avenue, Dunn, NC, PIN# 1516-88-5976.000. Motion unanimously approved. A copy of Ordinance (02017-31) is incorporated into these minutes as attachment 46. Consideration of Ordinance Declaring Property Unfit for Human Habitation 1002 N. Fayetteville Avenue PIN# 1517-70-8361.000 Chief Building Inspector Steven King has conducted an inspection at 1002 N. Fayetteville Avenue, and found the structure in a deteriorated condition that does not meet the requirements of the City of Dunn Minimum Housing Code WC). 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 Turnage and seconded by Council Member Maness to adopt the Ordinance declaring the property located at 1002 N. Fayetteville Avenue, Dunn, NC, PIN# 1517-70-8361,000 as Unfit for Human Habitation. Motion unanimously approved. A copy of Ordinance (02017-332) is incorporated into these minutes as attachment #7. Consideration of Ordinance to Demolish Structure - 510 Spring Branch Road PIN# 1516-71-5790.000 Chief Building Inspector Steven King has conducted and 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 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 § 160A443, 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 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. Attorney Pope stated this matter has been brought before Council a number of times. Council has previously adopted an Estoppell Agreement twice that gave the property owner time to sell the property and the perspective purchaser time to complete demolition and buy the property. The last Estoppell Agreement expired and provided for it to come back before the Council at this meeting. There is a staff recommendation of allowing 30 more days for the purchase of the property and to obtain building permits. Attorney Pope stated he has not been contacted by an attorney for a request of an additional Estoppell Agreement. Attorney Pope stated to his knowledge the property had not yet been purchased. Amar Patel (perspective purchaser) stated the financial requirements have been met. We were contacted by the Planning and Inspections Department that there were issues going on with I-95. The expansion of I-95 would be taking the current ingress of the property. We are currently working with the seller of the property to get an easement from the adjoining property before we can close with the lender. Council member Maness stated the City Council has been very patient and lenient with this property. Mr. Patel requested a 30 day extension if Council would allow. I did not lmow about the 1-95 issue until about 36 days ago when I received a call from the Planning & Inspections Director Wullenwaber. Mayor Harris asked how the owner's adjoining property affects the property being purchased. Mr. Patel stated the restaurant would be demolished and that would be controlled access land for NCDOT and the widening project and the only piece of land remaining would be wide enough for a driveway to be installed for the use of the proposed hotel. Suresh Patel (owner) stated he is willing to give the easement but wants to be paid for it. Attorney pope stated Council has two choices, you can either adopt the ordinance that is before you or you can table the matter for another period of time. Motion by Council Member Maness and seconded by Council Member Barfield to table this issue until the November 14, 2017 City Council Meeting with the understanding if the perspective buyer does not have ownership of the property in question and of the easement that Council will proceed with the demolition of the property located at 510 Spring Branch Road at 803 '/2 N. Magnolia Avenue, Dunn, NC, PIN# 1516-88-5976.000. Also, the perspective buyer needs to provide City Attorney with documentation (deed and easement) prior to the meeting, that he does own the property. Motion unanimously approved. Consideration of Ordinance to Demolish House 604/606 S. Fayetteville Avenue P110 1516-45-7909.000 Chief Building Inspector Steven King has conducted an inspection at 604/606 S. Fayetteville Avenue and based upon his observations, the structure failed to comply with the minimum standards 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 repairs/renovation of the dwelling remains at approximately 40% completed. Chief Building Inspector King stated the electrician has completed the work but the plumber has not yet started. Mr. Brown has purchased the sheetrock and insulation for the property and is ready to move forward once he finds a plumber. Lee Brown, owner, stated he has approximately $20,000 into the remodel. He also stated he had to halt work on the project for about two months due to a family emergency and had just started back on the project two weeks ago. Mr. Lee would like to have the house occupied by January. Motion by Council Member McLean and seconded by Council Member McNeill to allow to the December 12, 2017 meeting 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. Motion unanimously approved. Ordinance Amendment OA-05-17 Chapter 4; Buildings and Building Regulations This is a request to hereby amend Chapter 4, Buildings and Building Regulations to add the Non -Residential Building Maintenance Code. 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 list in this ordinance. Attorney Tilghman Pope has reviewed the ordinance as presented. City Manager Neuschafer stated this is an ordinance requested by Council. City staff has done research with other communities that have adopted and enforced the ordinance. This ordinance has been tailored for the City of Dunn. Mayor Harris deferred the above issue until the November 14, 2017 City Council Meeting. Motion unanimously approved. Acceptance of PARTF Grant Contract City Manager Neuschafer noted Council was given an amended amount from the previous information received. There is a requirement to execute the acceptance agreement within 45 days. In April 2017 an application requesting a grant amount of $350,000 to help fund the Tart Park Renovation was submitted to Recreation Resources to be presented to the North Carolina PARTF Authority. On August 25, 2017, the Recreation Department learned that the application was accepted for a partial grant. Soon after the PARTF Authority reached back out to the Recreation Department to inform us that we would be receiving the full $350,000 requested in the application. The overall cost of Phase I is $1,175,000 and acceptance of the grant would cover $350,000 or 29% of the project cost. The City does have three years to complete the project. Motion by Council Member Turnage and seconded by Council Member McLean to approve and accept the contract with the PARTF Authority. Motion unanimously approved. A copy of the contract is incorporated into these minutes as Attachment #8. Temporary Blocking of Streets — Cotton Festival The NC Cotton Festival is requesting that the following street be closed for the 19's Annual Cotton Festival on November 4, 2017. Friday November 3 2017 fiom 7 00 m until after the festival on November 4, 2017 at 8:00 u.m. • Wilson Avenue from Edgerton Street to the Fire Station on Harnett Street Saturday, November 4 2017 from 6 00 a m. unti16:00 p.m. • Broad Street fiom Clinton Avenue to Layton Avenue • Edgerton Street from Clinton Avenue to Fayetteville Avenue • Wilson Avenue from Cumberland Street to the driveway at the Fire Station • Railroad Avenue from Cumberland Sheet to FIarnett Street • Lucknow Avenue to Broad Street • Fayetteville Avenue from Cumberland Street to Edgerton Street • King Avenue from Cumberland Street to Edgerton Sheet • Layton Avenue from Cumberland Street to Edgerton Street 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. Motion by Council Member Maness and seconded by Council Member Tart to approve the request to block the streets listed above for the 19n` Annual Cotton festival. Motion unanimously approved. Temporary Blocking of Streets — Dunn Shrine Parade A request has been received from the Dunn Shrine Club requesting the Closing of W. 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 Shrine Parade. Motion made by Council Member Maness and seconded by Council Member Tart to approve the request to block the streets listed above for the Sudan Shrine Parade. Motion unanimously approved. 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 for the Purpose of a Land Donation to the City The City 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 COW, Inc. CGW, Inc. has offered to donate the lot free and clear of all claims. Motion by Council Member Barfield and seconded by Council Member McLean to direct the City Attorney to proceed with the due diligence process on a vacant lot located on Martin Street PIN# 1517-03-6687.000 owned by COW, Inc. Motion unanimously approved. ITEM FOR DISCUSSION AND/OR DECISION Financial Report Finance Director Mark Stephens provided the following financial report for the period ending August 31, 2017: • The City as of August 31, 2017 had $1,895,785 in cash in the General Fund and $2,655,067 in the Water and Sewer Fund. In August 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 the 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. Motion by Council Member McLean and seconded by Council Member McNeill 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 Barfield and seconded by Council Member McLean to accept the Administrative Reports. Motion unanimously approved. City Manager's Report City Manager Neuschafer noted the following: • 12" water main break on E. Bay Street in the 100 block near the railroad tracks, it has taken about 1 '/2 days to repair Public Works Director Gaster gave a brief update from the Public Works Department. • The leaf vacuum truck is scheduled to run from November Ill thru January 15°i — Please remember to place the leaves behind the curbing to help prevent the storm systems from getting stopped up. Please put small amounts of leaves in the can. Any limbs that will not fit into the can, please make sure they meet the criteria of 5 ft. in length and 5 inches diameter and 75 pounds. Please keep away from fire hydrants and light poles. A copy of the report is incorporated into these minutes as Attachment #9. ANNOUNCEMENTS The following announcements and/or comments were made. Mayor Harris: ➢ There will be a Special Call Meeting on Tuesday, October 17, 2017 at 7:00 p.m. to review the MeterSys feasibility Study for the Auto Read Meters ➢ "Trick or Treat" threes will be observed in the City limits of Dunn on Tuesday, October 31, 2017 from 5:00 p.m. to 8:30 P.M. ➢ . The 191h Annual North Carolina Cotton Festival will be held on Saturday, November 4'h from 10: 00 a.m, to 4:00 p.m. in Downtown Dunn ➢ Dunn P.A.L traveled to Lakeland, FL to provide community service helping the victims of hurricane Irma and disaster relief ➢ City offices will be closed on Friday, November 10al in observance of Veterans Day ➢ The Veterans Day service will be held on Sunday, November 1291 at 2;00 p.m. at Tyler Park Veterans Memorial ➢ The next regular City Council Meeting is scheduled for Tuesday, November 14, 2017 @ 7:00 p.m. City Manager Neuschafer requested a closed session to consult with the attorney and discuss an employment issue. Motion by Council Member Maness and seconded by Council Member Barfield to go into closed session pursuant to N.C.G.S. § 143- 318.11 to consult with City Attorney and City Manager regarding personnel matters. Motion unanimously approved. Motion by Council Member Tart and seconded by Council Member McNeill to adjourn the meeting at 8:48 p.m. Motion unanimously approved. Oscar N. Mayor Attest: Jennifer M. Fortin, CMC City Cleric City Counc-11-Agenda Form 11 ® Meeting fro ate® November 14, 2017 1989 * 2013 1989 * 2013 SUBJECT TITLE: Minutes — Special Call Meeting October 17, 2017 Presenter: Department: Attachment: X Yes No Description: October 17, 2017 — Minutes Special Call Meeting Public Hearing Advertisement Date: PURPOSE: Attached please find the minutes of the October 17, 2017 Special Call Meeting for your consideration. BACKGROUND: BUDGET IMPACT: RECOMMENDATIONIACTION REQUESTED: MINUTES CI'PY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Tuesday, October 17, 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, City Cleric Jennifer Fortin, and Daily Record Managing Editor Lisa Farmer. INVOCATION Mayor Harris opened the meeting at 7:00 p.m. and gave the invocation. Afterwards, the Pledge of Allegiance was repeated. AGENDA ADJUSTMENT AND APPROVAL Motion by Council Member Tmnage and seconded by Council Member Maness to adopt the October 17, 2017 meeting agenda with changes, if any, as listed below. Agenda Items Added: Y none Agenda Items Removed: i none Motion unanimously approved. AND/OR DECISION MeterSys feasibility Study Presentation City Manager Neuschafer stated Council authorized the City to engage MeterSys to do a systematic review of our meter system. Representatives for MeterSys are here to present their findings. Finance Director Stephens stated a contract was approved in April to look at an Advanced Meter Assessment Study. Andy Honeycutt — Director of MeterSys Roger Sauls — Business Development Director Cassius Williams Lisa Wynn — Data Analyst Laura Brown — Project Manager — absent Mr. Honeycutt discussed the options. Option 1: Do nothing and keep the current system you have. You wouldn't have to change anything. You would not have to learn new software or invest any money. The benefits are as follows: • No required changes to business process • No increased capital or operational expenditures The challenges are as follows: • Limited and reactive customer service • Resources spent on contract meter reading • Meter reading safety risks • Read errors due to manual read entry • Support current operations by multiple departments • Limited proactive maintenance • No leak detection • Mix of meter types and ages • Financial exposure due to asset degradation Option 2: Automated Meter Reading (AMR) The benefits are as follows: • Improved accuracy due to meter change out • Reduced read time through drive by collection • Limited historical usage profiling (30 days of hourly reads) The challenges are as follows: • Read data collected every 30 days versus every hour/on demand • No remote trouble shooting, alerts or alarms • No leak detection or remote disconnect features • No customer access to data • No ability to track system water production and sales through District Metering Areas (DMAs) Option 3: Advanced Metering Infrastructure (AMI) The benefits are as follows: • Improved accuracy due to meter upgrade • Significant reduction in manual labor • Near real-time read data • Customer access to data (portal) • Alerts and alarms • Expandable network functionality The challenges are as follows: • Significant change management required • Privacy/security protocols need to be established and continually maintained • Need for engaged training and continual system management focus The software is integrated and tested live. The staff would be well trained and very comfortable with the software before we step away. Council Member Turnage stated, if the City went this route, we would need assistance with public information to assist the citizens so they understand. Mr. Honeycutt stated communication planning is part of the project integration. Council Member Maness asked if there are two transmitters and one should go down, how quick can we get another one, or should we have one as a spare? When we talk about reliability, failure or accuracy and what the experiences have been, such as pitfalls. Mr. Honeycutt stated although we partner with them, we do make them take responsibility. The standard we put in RFP's is 98.9% of all reads that are eligible to come in on the system. If a handheld or collector goes down, the read data will be maintained for 30-55 days until the sensor hears the collector again. You will also have the drive by option if the collector goes down. Council Member Maness inquired about from a security stand point, what type of level do we have to prevent from manipulation of the system to maintain the integrity? Mr. Honeycutt stated there are levels of access such as read-only, user I & 2 levels and administrator and that would be up to your IT Department and officials to determine who has which level of clearance. Mayor Harris asked what the City would be looking at for a time line. Mr. Honeycutt noted the procurement typically takes from 4-6 months. We highlighted from start to finish less than 18 months. With two installers we can get done anywhere from 200-250 meters per week, and they would follow your route sequence. This would be a phase -in project. Council Member Maness noted there was $13,500 set aside and over a 10-year period would be $135,000. How many meters does that replace? Mr. Honeycutt stated that is for infrastructure. These units cost $20,000-$40,000 each, and it is not required to set the money aside it is just a recommendation. Mayor Harris inquired about getting a list of other municipalities that have installed the system for the City Manager to contact regarding the functionality. Mr. Honeycutt stated, Belmont, Jonestown and Kannapolis. I will also generate a list for you comparable to the size and age of Dunn. Motion by Council Member Maness and seconded by Council Member Turnage to approve MeterSys to move on to the RFP stage of the process. Motion unanimously approved. A copy of the presentation is incorporated into these minutes as Attachment #L Mayor Harris introduced Mr. Don Lee, Assistant Scout Master at Troop 55 in Spivey's Corner and with him is Jackson Lee who is observing the Council meeting to obtain his Citizenship in the Community merit badge. Stormwater Project and Funding—E. Bay Street City Manager Neuschafer stated Public Works Director Gaster will go through the information in the packet and explain what the issue is. He will also go through some of the repairs that have been discussed and the history of the problems we have had with the system. Public Works Director Gaster stated the 12" water line blew out on the evening of October 7, 2017 in the 100 block of E. Bay Street. There are pictures in the packet provided to you and were taken on Monday during repairs. The small line in picture number 1 is the water line where the line blew out. The 42" line in the back is the stormwater line that runs parallel and these lines run extremely close together. It has always been discussed if we ever work on one or the other we would have to do both because of their proximity to each other. In picture number 3 there was a section of stormwater pipe where a joint separated during the digging process and that portion of the road is caving in. I contacted Randy McNeill with DMP regarding the age of the lines. He stated it was pre DMP, but he estimated it to be late 50's early 60's. With the line down it affected Food Lion Warehouse and the industrial end of our system. The line that goes under E. Vance Street was not able to support the south side of our system during the period of time we were trying to isolate the water break. The areas in red on the map are areas of known issues that have been repaired. The blue areas are areas we have replace the entire block. We have made some repairs on the lines. There are some areas we are not have issues and other areas where we are having many issues with. The water line for those two blocks were engineered in a phase 2 project a few years back and the funding was not available to proceed. The engineering work has been done by DMP for those two blocks for the water line. The stormwater line would have to be looked to and see what it would entail to get that into a project. Since the engineering is over two years old we would have to re -submit the plans to the Public Water Supply Division in Raleigh for approval a second time. The 100 block of E. Bay Street is closed and there is an alley beside the house pictured that makes that house accessible to the residents. Public Works Director Gaster stated he did get a rough estimate, which follows Water Line $125,000 StormwaterLine $175,000 Resurfacing $ 42,000 Misc (bond) $ 17,000 Total $359,000 This would replace 2 blocks, Clinton to Railroad replacement of the 12" water main and replacement of 42" stormwater line. Finance Director Stephens stated there was $100,000 budgeted in the operating budget of the water/sewer fund for a project that was deemed feasible to be done in the City. In June we carried over $75,000 in the Stormwater Fund, We do have about $30,000 of operating money in the Stormwater Fund, There is not enough in the Stormwater Fund to cover the current issue. We need to look at financing options. If we borrow the money we should think about finding another project to do and lump the projects together for financing. It doesn't seem feasible to only borrow $175,000. Mayor Harris received a unanimous consensus from City Council for Public Works Director Gaster to move forward and put together a plan to be considered at the November City Council Meeting. A copy of the map is inempormed into these minutes as Attachment #2. Downtown Parking City Manager Neuschafer stated the maps included show the number of parking spaces for on -street and off-street parking. There is a two-hour time limit for on -street parking. We have talked about the parking issue at previous meetings and retreats about enforcing the two-hour time limit. That would take personnel, time and effort and consistency. There is no time limit for off-street parking. Council Member Tnrnage stated this subject needs to be approached by the Downtown Dunn Development Corporation and help them help us police their own ranks. If we put all this effort into it, they have to be part of the solution and collectively address the parking situation. Council Member Maness stated there is 171 parking spaces the City maintains. Are all those parking lots full on any given day of the week? City Manager Neuschafer stated the least used parking lot at City Hall. The Clinton Avenue parking lot is busy. Council Member Maness stated he would like to know where the complaints are coming from so Council is aware who has the concerns. Mayor Harris suggested talking with Keilah Goff, Director of Downtown Dunn Revitalization and Development Corp., and as part of the Main Street Program have them address this problem and have them tell us how they want us to address it. A copy of the maps is incorporated into these minutes as Attachment 43. Motion by Council Member Barfield and seconded by Council Member McNeill to adjourn the meeting at 8:47 p.m. Motion unanimously approved. Oscar N. Harris Mayor Attest: Jennifer M. Fortin, CMC City Clerk 1 1 City Council Agenda For 1 111. 1 ® Meetingate® November 1 , ` 1 1989 * 2013 1989 * 2013 SUBJECT TITLE: Proclamation Presentation —National Hospice Palliative Care Month —November 2017 Presenter: Mayor Harris Department: Admin. Attachment: a Yes ❑ No Description: Proclamation Public Hearing Advertisement Date: NA Attached you will find a proclamation designating November 2017 as National Hospice Palliative Care Month BACKGROUND: BUDGETIMPACT: RECOMMENDATION/ACTION REQUESTED: ® ort�c a,ro�i na DUNK ILUL)Uj �T1 �TAll-America Ciry cite of dann .6-e con171z!e 7nalte�a �9'VYiCKR/9 1989 * 2013 National Hospice Palliative Care Month — November 2017 WHEREAS, hospice and palliative care empower people facing a serious or life -limiting illness to live as fully as possible, surrounded and supported by family and loved ones; and WHEREAS, hospice and palliative care professionals are dedicated to helping diverse communities access quality end -of -life care and are committed to removing barriers to accessing care; and WHEREAS, hospice and palliative care bring patients and family caregivers the highest quality care delivered by an interdisciplinary team of skilled professionals that includes physicians, nurses, social workers, therapists, counselors, health aides, spiritual care providers and others who make the wishes of each patient and family a priority; and WHEREAS, through pain management and symptom control, caregiver training and assistance, and emotional and spiritual support, allowing patients to live fully and make more meaningful moments until the end, surrounded and supported by the faces of loved ones, friends, and committed caregivers; and WHEREAS, Each year, hospice saves Medicare more than $2 billion by providing solutions for physicians, care to patients and comfort to families anywhere, at any time; and WHEREAS, every year more than 1.5 to 1.6 million Americans living with life -limiting illness, and their families, received care from the nation's hospice programs in communities throughout the United States; and WHEREAS, more than 355,000 trained volunteers contribute 16 million hours of service to hospice programs annually in the U.S.; and WHEREAS, hospice and palliative care providers encourage all people to learn more about options of care and to share their wishes with family, loved ones, and their healthcare professionals; NOW, THEREFORE, I, Oscar N. Harris, Mayor, and members of the City Council, do hereby proclaim November 2017 as National Hospice Palliative Care Month in Dunn, North Carolina and encourage citizens to increase their understanding and awareness of care at the end of life and to observe this month with appropriate activities and programs. IN WITNESS WHEREOF, I have hereunto set my hand this 14' day of November, 2017 and caused this seal to be affixed. scar N. Harris, yor ATTEST: J infer M. ortin, City Clerk rth carolina Lam NN city of dun. 1 1 City Council Agenda_Form1 I ®Meeting ale® November 14, 2017 1989 * 2013 1989 2013 SUBJECT TITLE: Consideration of Resolution Authorizing the Disposition of Personal Property Presenter: City Manager Neuschafer Department: Various Attachment: X Yes No Description: Resolution Declaring Property Surplus Public Hearing Advertisement Date: NIA PURPOSE: The City Council is being asked to adopt the attached resolution authorizing the City Manager to dispose of personal property by electronic means through www.GovDeals.com. ItY.W a11us UZI BUDGETIMPACT: RECOMMENDATIONIACTION REQUESTED: north Car 0 1 1 ri a MayorOscar N. Hama Mayor Pro Tem Billy Barfield Council Members %,-.,4vNN Buddy Maness n Dr. Gwen McNeill city of d U ri Prank McLean Billy Tar[ POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 Chuck Twnage (910) 230-3500 • FAX (910) 230-3590 City Manager www.dunn-nc.org Steven Neuschafer A RESOLUTION OF THE DUNN CITY COUNCIL DECLARING CERTAIN PROPERTY OF THE CITY TO BE SURPLUS AND AUTHORIZING THE DISPOSITION OF SAID PROPERTY WHEREAS, the City Council of the City of Dunn, North Carolina, has determined that the City owns certain personal property that is no longer needed or useable by the City; and WHEREAS, each of the items described below, is declared to be surplus to the needs of the City: ITEM MODEL VIN# HOURS 1998 New Holland 575E 31009749 8160 Baelchoe (Transmission is bad) NOW, THEREFORE, BE IT RESOLVED by the Dunn City Council that the City Manager is hereby authorized to dispose of the listed items by electronic means through www.GovDeals.eoln. With appropriate notice, the date, place and time of the sale will be announced by the City Manager or his designee. The City Clerk shall publish at least once and not less than ten (10) days before the dates of the auctions, a copy of this Resolution or a notice sunuuarizing its contents as required by North Carolina General Statute 160A-270(b). Adopted this 14th day of November, 2017. ATTEST: Jennifer M. Fortin, City Clerk CITY OF DUNN Oscar N. Harris, Mayor DUNN City Council Agenda or Meeting Date-, November 1989 �'2013 , 1989�2013 SUBJECT TITLE: Temporary Blocking of Street — Annual Downtown Christmas Tree Lighting Ceremony Presenter: City Manager Neuschafer Department: Admin. Attachment: X Yes No Description: Letter of Request and map Public Hearing Advertisement Date: PURPOSE: Executive Vice -President Tammy Williams, on behalf of the Dunn Chamber of Commerce, submitted a formal request to close the following portions of E. Broad Street on Thursday, November 30, 2017 to hold the Annual Downtown Christmas Tree Lighting Ceremony, • E. Broad Street from Wilson Avenue to the alley that runs parallel to First Citizens Bank from 4:00 pm until after the event at 9:00 pm. • E. Broad Street from the alley at 111 E. Broad Street to Wilson Avenue and Wilson Avenue beyond the First Citizens Bank entrance at Cumberland Street to the alley in front of the Stewart Theater from 5:45 pm until after the event at 9:00 pm. In addition, they are asking for assistance from the Public Works Department, Parks and Recreation and the Police Department. BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Motion to approve the temporary street closing as requested by the Downtown Dunn Development Corporation and Dunn Chamber of Commerce for the Annual Downtown Christmas Tree Lighting Ceremony. 0 IL nor(h Carolina 0 NN IL tJU nrca Chamher of r.ommcrco 2di gne 1a72&u 777Q.ffen September 21, 2017 Mayor Oscar N. Harris City of Dunn PO Box 1065 Dunn NC 28335 Dear Mayor Harris and Council Members: 209 West Divine Street PO Box 548 Dunn North Carolina 28335 (910)892-4113 Fax: (910)892-4071 The Christmas season is just around the corner and we need your continued support for this year's Christmas Tree Lighting to be held on Thursday, November 30 in Downtown Dunn. This event continues to be a collaboration between the City of Dunn, Downtown Dunn Development Corporation and the Dunn Area Chamber of Commerce and features entertainment by Dunn's young people from Harnett Primary, Wayne Avenue and Dunn Middle Schools. We are asking that the City block off East Broad Street at the intersection of Wilson and Broad Streets to the alley that runs parallel to First Citizens Bank at 4:00 p.m. to allow for setup. We will also need the following blocked from 5:45 p.m. until the program is complete: Broad St from the alley at I I I E Broad St to Wilson Ave and Wilson Ave beyond the First Citizens Bank entrance (to allow their customers to enter bank) at Cumberland St to the alley in front of the Stewart Theatre. The alley will need to be closed directly beside 111 E Broad St for Santa's transportation. Streets should be cleared by 9:00 p.m. We are also asking for assistance from the Public Works Department, Parks and Recreation, as well as the Police Department during the evening. The Public Works and Parks and Recreation Departments have been instrumental in the set up and break down of this event each year and we are very appreciative of their,help. The police are needed to keep cars out of the area and to help with crowd control as Santa arrives. Thank you in advance for your continued support and assistance with the annual Christmas Tree Lighting. Sincerely, Tammy Williams I}UNN Executive Vice President AC- CdtS Web Site — www.dunnchamber.com Email Address — tmmy@dunnehamber.com sas*zo a For Prom r*r City Council Agenda Form Date: i> > ' t> , 14, 2017 SUBJECT TITLE: Temporary Blocking of Streets — Dunn Christmas Parade Presenter: City Manager Neuschafer Department: Admin. Attachment: XYes No Description: Map Public Nearinu Advertisement Date: PURPOSE: To close down W. Broad Street at General Lee Avenue and E. Broad Street at Elm Avenue from 1:30 p.m. until 3:00 p.m. on Saturday, December 2, 2017 for the Dunn Christmas Parade. BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Motion to approve the temporary street closings for the Dunn Christmas Parade. D_ �"11 y -M All -America U N N 111111 City Council Agenda Form f Meeting Date: November d 2017 SUBJECT TITLE: Temporary Blocking of Street — Portion fronting 614 E. Broad Street (Another Barber Shop) Extending from N. Wilmington Avenue to 611 E. Broad Street Presenter: City Manager Neuschafer I Attachment: Yes X No Description: Public Hearing Advertisement Date: PURPOSE: A verbal request has been received from Corey Williams, owner of "Another Barber Shop", to close a portion of E. Broad Street fronting their business at 614 E. Broad Street from N. Wilmington Ave. to 611 E. Broad Street on Saturday, November 18, 2017 from 11 am until 5:00 pm for the purpose of holding an Annual Customer/Community Appreciation Day. BACKGROUND: This same request was approve in November 2015. BUDGET IMPACT: RECOMMENDATIONIACTION REQUESTED: Motion to approve the temporary street closing as requested by Corey Williams. MITI north carolina * at cUMDUNN CouncilAll-America CiW -,it, or 11111. �jjjjf City Agenda Form MeetingDate: November 14, 20 I SUBJECT TITLE: Budget Amendment #5 � Presenter: Mark Stephens Attachment: x Yes No Public Hearinq Advertisement Date: PURPOSE: To record Budget Amendment #5 "BACKGROUND: Budget Amendment #5 The City has completed work on the Dunn -Erwin road water line modification. NC DOT will reimbursement the City for the cost of construction and engineering sei vices. BUDGET IMPACT: The City will receive approximately $112,000 from NC DOT RECOMMENDATIONIACTION REQUESTED: Approve Budget Amendment #5. PLEASE PROVIDE: Sixteen (15) copies of all pertinent attachments with the Agenda Abstract to the Clerk no later than noon in accordance with the schedule that you have been given. T N 0 M W O K 0 O m D U-01-D D U"' t N' � N"" w All -America City �it" f d..� All -America City 111111 City Council Agenda Form 1 1 ® Meeting ate® November 14, 2017 1989 * 2013 013 SUBJECT TITLE: Consideration of a Resolution Retiring Paco A Canine Assigned to the Dunn Police Department Presenter: City Manager Neuschafer Department: Attachment: X Yes No Description: Retirement Resolution Public Hearing Advertisement Date: PURPOSE: The City Council is being asked to adopt the attached resolution retiring Paco from police canine service, to declare him surplus property upon retirement and authorize ownership to his assigned handler, Agent Jason Dickinson. .,q,rffi7tRffW BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Adopt Resolution retiring Paco from police canine service, declare him surplus property and authorize ownership to his assigned handler, Agent Jason Dickinson. DUNN ® north caroliaa LINN All -America city city of dame Rmhdm I989 * 2013 WHEREAS, Police canine Paco has faithfully served the Dunn Police Department since he was placed into service in August 2013 and upon adoption of this Resolution, will retire November 2017; and WHEREAS, Paco, a specially trained Belgian Malinois has rendered a valuable service to the Dunn Police Department along with the community in which he served; and WHEREAS, during his tenure, Paco has assisted in the apprehension of five criminal suspects, located over 11 kilos of cocaine, over 10 pounds of heroin, several hundred pounds of marijuana and over $500,000 in U.S. currency; and WHEREAS, Paco has performed his canine responsibilities as a professional police service narcotics detection K-9 with the highest standards; and WHEREAS, it would be in the best interest of K-9 Paco to retire due to his attachment to his handler and his inability to perform criminal apprehension due to his jaw problems. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dunn in accordance with North Carolina General Statute §160A-266(d) declares Canine Paco to be surplus property upon retirement from service and authorizes his assigned handler, Agent Jason Dickinson, to take ownership of Paco and assume all liability and responsibility for the dog. Adopted this 14th day of November, 2017. Oscar N. Harris, Mayor Attest: Jennifer M. Fortin, City Clerk DUNN DUNN City Council Agenda J IT Meeting Date: ry 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 & 10th & November 7, 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. BUDGET IMPACT: None RECOMMENDATIONIACTION REQUESTED: ADOPT the amended ordinance as presented. 02017- _ (OA-OS-17) Attachment #_ Adopted: 11-14-17 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 or for the installment or repair of equipment or facilities. 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; or the 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 proiected 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 CitV 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 bV 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 maV retain water. Extermination means the control and elimination of insects, rodents or other pests bV 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 around -level open area that provides temporary storage for motor vehicles. Pier means a masonry or other material support extending from the around and footing to and supporting the building or portion thereof. Pier sizes 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. Property means any lot or parcel of land inclusive of any building structures or improvements located thereon. Public authority 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 facilitV 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 bV 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. 4-183. Inspections. For the 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 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 (10) days or more than thirty (30) days afterthe 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 ieopardized 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 any other provision of law, if the nonresidential building or structure is designated as a local historic landmark listed in the National Register 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 may be 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 order to 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 fifty (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 ninety (90) days; or b. If the cost to repairthe nonresidential building or structure to bring it into compliance with the minimum standards exceeds fifty (50) percent of its then current value the ordinance shall require the owner to demolish and remove the building or structure within ninety (90) days. In the case of vacant manufacturing facilities orvacant 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. The citv shall have the option of bringing the building, structure or parking lot into compliance with the code enforcement official's order and this ordinance without waiting for the expiration of the two year or five year periods set forth above if the city determines that it would be a public health or safety hazard to wait for the expiration of these time periods by providing the owner a thirty (30) day advance written notice of the city's intent to repair the property. The cost for anv repairs made by the city shall be alien against the property in accordance with Sec. 4-189 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 anv 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 subiect to review bV proceedings in the nature of certiorari instituted within fifteen (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 thirty (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 long 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 bV the post office within ten days after the 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 anV 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, orvacating 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 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. 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 or to vacate and close and remove or demolish, or to 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 a 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 afterthe 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 subiect 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. d) The civil penalties provided in this Sec 4-192 shall be in addition to the remedies provided in Sec. 4 185 The city may begin imposing these penalties after the time for repair by the owner asset forth in the code enforcement official's order has expired The city does not have to wait until the expiration of the two year and five yeartime periods set forth in Sec. 4-185 to assess civil penalties for non-compliance. 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 (j) intended to be used at the time of inspection• (ij) being used at the time of inspection• or (iij) required by law at the time of inspection are subject 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. 10 (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 decayed 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. 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. 11 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. (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. IVA 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. 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. Anv 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 sunk iunked 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 bV rodents, insects and other pests. 13 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/uneven 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 obstruction a safety hazard or a place of potentially dangerous concealment. h) Swimming Pools Shall comply with the following: (1) Shall have a fence of at least six (6) feet in height around the perimeter of the grounds that include the swimming pool which shall be locked and secured during non -operational hours. (2) Shall comply with all state public health and safety laws and any other regulations whether or not the pool is operational or non -operational. (3) At all times that the swimming pool is non -operational it shall be drained of all water, debris or other material that could present a public health or safety hazard and the swimming pool shall be covered. (4) If the swimming pool is non -operational for a continuous period of twelve (12) months, the swimming pool shall be closed and filled with materials in compliance with the state building code. Sec 4-198. Vacant buildings or structures. a) The interior maintenance standards set forth in section 4-196 shall not apply to vacant nonresidential buildings or structures unless one or more of the following serious conditions is present on the property: (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. (5) 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 '�' north curnlinn � s� c� '>°' I NNN7History ► n : n ► il Agenda IVsf4ln,l HIb S0Y5 Meeting Date: No er 2017 SUBJECT TITLE: Consideration of Ordinance to Demolish Structure — 5 PIN #:1516.71.5790.000 Presenter: Chief Building Inspector Steven King Department: Planning & Inspections Description: PropertAttachment: X Yes ❑ No Update Public Hearing Advertisement Date: PURPOSE: Chief Building Inspector Steven Ding 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, and again on October 10, 2017 the City Council agreed to table this matter until November 14, 2017 in order for Mr. Amar Patel to obtain ownership of the property and obtain a building permit. As of November 1, 2017, a building permit has been acquired by Whittenton Builders and Mr. Amar Patel. The property has not been purchased by Mr. Amar Patel as of November V 2017. 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. :1eT9:(AN6111011�A BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: City Staffreconunends Council adopt Condemnation Ordinance with an effective date of December 29, 2017 to be recorded at the Harnett County Register of Deeds, armless proof of ownership is provided to the City prior to that date. LEVINSON LAw IRM, ®Aa ATTORNEYS AND COUNSELLORS AT LAW JAMES R. LEVINSON SCARLETT V. LEVINSON ROBINSON W. WILLIAMS Attorney Tilghman Pope 403 W. Broad St. Dunn, North Carolina 28334 P.O. BOX 117 124 EAST MAIN STREET BENSON, NORTH CAROLINA 27504 PHONE (919) 894-2518 • (919) 894-3466 FAX (919) 894-4108 email: levinsonlaw@embafqmall.com Re: 510 Springbranch Road, Iv MSHREE, LLC. Dear Mr. Pope, 219 JOHNSTON STREET SMITHFIELD, NORTH CAROLINA 27577 PHONE (919) 934-8553 FAX (919) 894-4108 November 2, 2017 The closing for the buyer on the motel was scheduled for November 3 on short notice and I am enclosing some paperwork from Todd Jones, the Attorney for the bank who is handling the closing. Due to short notice of the closing and some problems on some of the details, it is not going to be able to happen then. I am going to be on a long awaited vacation in Hawaii with my daughter who lives in New Zealand and am on secured leave with all the courts from Nov. 8 through the 18 so it will have to be delayed until at least after I get back. I understand this matter was supposed to come back before the Dunn board on Nov. 14=but I will not be available. Please continue this matter until the December meeting. Both buyer and seller are agreeable to that happening. Yours, R. Levinson JRL.kj Enclosure Cc: Scott Tobin, Todd Jones I n tie J<. cl< o 'Wan: went: To: Cc: subject, Attachments: Parties and Counsel: Please see attached. Todd Jones <Tjones@andersonandjones.com> Wednesday, November 1, 2017 11:06 AM Katie Jackson; Levinson Law Office (Benson) R. Scott Tobin; 'amarnp@gmail.com' Draft Seller Documents NCLTA FORM 1-AFFIDAVIT- INDEMNITYAGMT'(3-2013).pdf; Cancellation of Lease.pdf; Corp Resolution to Sell Real property.pdf; TenantAffidavit.pdf; Certificatenonforeign entity .pdf,, Warranty Deed.pdf 1. Lien waiver —to be Signed and Notarized 2, Cancellation, of Lease —to be Signed by Landlord and Tenant and notarized 3. Corporate Resolution to Sell the Property —to be Signed 4, Tenant Affidavit —to be Signed and Notarized S. Certificate of Foreign Entity— FILL IN THE TAX ID and sign 6. Warranty Deed —to be Signed and Notarized I will send a Draft HUD by separate email. Mr. Benson and Mr. Tobin need to let me know if they have invoices to submit to be paid at closing. rODD A. JONES Ali rORNEY A.'r LAW AT-rOPN�-.Y$� 1305 NAVAHO DR., STE. 303, RALEIGH, NC 27609 PHONE:: (919) 277.2541; FAX: (919) 277-2544 TJONES@ANDERSONANDJONES.COM CONFIDENTIALITY NOTICE THIS E-MAIL IS INTENDED ONLY FOR THE ADDRESSEE NAMED ABOVE. IT CONTAINS INFORMATION THAT MAY BE ATTORNEY -CLIENT PRIVILEGED, CONFIDENTIAL OR OTHERWISE PROTECTED FROM USE AND DISCLOSURE. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THATANY REVIEW, DISCLOSURE, COPYING, OR DISSEMINATION OF THIS TRANSMISSION, OR TAKING OF ANY ACTION IN RELIANCE ON ITS CONTENTS, OR OTHER USE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE REPLYTO THE SENDER LISTED ABOVE IMMEDIATELY AND PERMANENTLY DELETE THIS MESSAGE FROM YOUR INBOX.THANK YOU FOR YOUR COOPERATION. DISCLAIMER OF TAX ADVICE: ANY DISCUSSION CONTAINED IN THIS EMAIL CANNOT BE CONSIDERED TO BE TAX ADVICE. ACTUAL TAX ADVICE WOULD REQUIRE A DETAILED AND CAREFUL ANALYSIS OF THE FACTS AND APPLICABLE LAW, WHICH WE EXPECT WOULD BE TIME CONSUMING AND COSTLY. WE HAVE NOT MADE AND HAVE NOT BEEN ASKED TO MAKE THATTYPE OFANALYSIS IN CONNECTION WITH ANYADVICE GIVEN IN THIS E-MAIL. AS A RESULT, WE ARE REQUIRED TO ADVISE YOU THAT ANY FEDERAL TAX ADVICE RENDERED IN THIS EMAIL IS NOT INTENDED OR WRITTEN TO BE USED AND CANNOT BE USED FOR THE PURPOSE OF AVOIDING PENALTIES THAT MAYBE IMPOSED BY THE IRS. IN THE EVENT YOU WOULD LIKE US TO PERFORM THE TYPE OF ANALYSIS THAT IS NECESSARY FOR US TO PROVIDE AN OPINION, THAT DOES NOT REQUIRE THE ABOVE DISCLAIMER, AS ALWAYS, PLEASE FEEL FREE TO CONTACT US. Tax ID No.: 02151612220014 Parcel Identification No.:1516-71-5790 Revenue Tax: $1,598.00 Mail after recording to: Grantee This instrument was prepared by: Todd A. Bones, Anderson Jones, YLLC, P. 0. Box 20248, Raleigh, NC 27619 Brief Description for the index S 10 Spr ng Branch Road M. GRANTOR Mnnnshree, 1LLC, a North Carolina Limited Liability Company 415 Spring Branch Road Dunn, NC 28334 GRANTEE New Dunn Hotel, L LC A North Carolina Limited 1LiabMty Company 3500 Birkdale Court Fayetteville, NC 28303-4684 Enter in appropriate blook for each party. name, address, and, if appropriate, cherneter of entity, e.a., corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their hens, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby aclmowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the Town of Dunn, Harnett County, North Carolina and more particularly described as follows: All or a portion of the property herein conveyed _includes or X does not include the primary residence of the Grantor. See attached lEx➢nfllrDfltt A The properties hereinabove described were acquired by Grantor by instrument recorded in Book 2754, Page 234. A map showing the above described property. is recorded in Book of Maps 2010, Page 76 and Harnett County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1, Ad valorem taxes for 2017 and subsequent years. 2. Declarations, covenants, restrictions, easements andrights-of-way, if any, of record. IN WITNESS WHEREOF, the Grantor has hereunto set their hand and seal, the day and year first above written. MUNISHREE, LLC. Cai and ;aid, certify that Suresh Patel, lani Lability Company, personally tied of the foregoing instrument. asst ovember,2017. Con The foregoing Certificate(s) of _ Notary Public Printed Name islare certified to be correct. This instnnnent and this certificate are duly registered at the date and time and in the Hook and Page shown on the fint page hereof, OFDEEDSFOR _._._. COUNTY 'iy i \i.l1l:i! q BEING all of Tract B containing 3.43 Acres, as shown on the plat entitled "Recombination Survey for James G. Nordan" by Jordan Piedmont Surveying, dated February 3, 2010, and recorded in leap Book 2010, Page 76, Barnett County Registry and known as 510 Spring Branch Road, Dunn, North Carolina. s its :On� ap 3§p $ a, T . mm—°e. — ND c- s .ffi %s 3aL g ooeF m F IM zp m N ' 0i:.a y z 3 saes ano a m;Eo m j s� SR na a -a. Ewe' US_ j$$§� by ••�.M'c�„` � � �u• �•f� V •�Gp4 J° .i F�^i _!` � � -H M1,✓r:mrr:OP'�v ov £.3 g. ti • , aruoiy m J.1 Nm O no°r 9.� ''[. a 9, oa \ e .C° " ,NR"•44°: ',. ti ,. \\\ •t> . f'. �,. z .. a � � a of m .6 � t: 8 55 o "mf . his IA Women .. IL imej- ��J �a d T Z Z f 8 ,i-65 a8 2Edig 164 O 9 77 III i." u w h'. city 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 Tem Billy Barfield Council Members Buddy Maness Dr. Gwen McNeill Frank McLean Billy Tart Chuck Tumage City Manager 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 Munisbrec, 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 Ding with Suresh Patel, Property Owner, Property Representative, Amar Patel and Samantha Wullenwaber, Planning Director, present. Following the completion of the hearing, the Chief Building Inspector entered an Order, pursuant to North Carolina General Statute §160-429, declaring that the structure referenced above is in a condition that constitutes a fire or safety hazard and is dangerous to life, health or other property and ordering the property owner to repair or demolish the structure on the property within sixty (60) days of the date of such Order, being December 19, 2016; and WHEREAS, the owner of the above described property did appeal the Order of the Chief Building Inspector within the ten (10) day time period prescribed in North Carolina General Statute §160A- 430 and such Order is therefore a final Order; and WHEREAS, Motion by Council Member, Buddy Maness and seconded by Council Member, Chuck Turnage to uphold the condemnation order issued by the Building Inspector giving the current property owner 60 days to make corrective action; and WHEREAS, on December 30, 2016 and January 6, 2017 the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on January 10, 2017 to consider the adoption of this Ordinance, directing that the Chief Building Inspector proceed with the demolition of the structure described hereby, and that all costs incurred shall be a lien against such property, pursuant to North Carolina General Statute §160A-432; and WHEREAS, the City Council of the City of Dunn, NC finds that the structure described herein is dangerous or prejudicial to the public health or public safety and is a nuisance in violation of North Carolina General Statute §160A-193; and WHEREAS, this structure should be removed or demolished, as directed the Chief Building Inspector, and is an unsafe building condemned as set forth in North Carolina General Statute § 160A-426 and constitutes a fire and safety hazard; and WHEREAS, the owner of this structure has been given a reasonable opportunity to repair or demolish the dwelling pursuant to an Order issued by the Chief Building Inspector on October 21, 2016 and the owner has failed to comply with this order; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dunn, North Carolina that: Section 1. The Building Inspector is hereby authorized and directed to place a placard on the exterior of the property described herein, containing the legend: "This building is unfit for human habitation and is a public nuisance; the use or occupation of this building for human habitation is prohibited and unlawful." On the building at the following address: 510 Spring Branch Rd., Dunn, NC 28334 PIN #: 1516-71-5790.000 PARCEL ID # 02151612220014 Section 2. The Chief Building Inspector is hereby authorized and directed to proceed to remove or demolish the above described structure in accordance with his Order to the owner thereof dated the 21" 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 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 14th day of November, 2017 OscarN. Harris, Mayor Attest: Jennifer Fortin City Cleric north Carolina WU LJUNN city of dunn INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 - DUNN, NORTH CAROLINA 28335 (910) 230-3505 • FAX (910) 230-9005 www.dunn-ne.org PROPERTY HISTORY: 510 Spring Branch Road (PIN #: 1516-71-5790.000) Owner: Suresh Patel/Amax Patel Mayor Oscar N. Harris Mayor Pro Tem Billy Barfield Council Members Buddy Maness Dr. Gwen McNeill Frank McLean Billy Tart Chuck Tumage City Manager Steven Neuschafer 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 20th, 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 hispections Department and City Clerk received appeal letter from Mr. Suresh Patel and Mr. Amar Patel. The Appeal Hearing was scheduled for the next City Council meeting date of November 8rh, 2016. November S, 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) day time period expires for making repairs or demolishing structure. December 30, 2016 —Notice of Public hearing scheduled for the January loth, 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. January 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 InvestrnentAgreement 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. City Council granted additional time rmtil the November 10', 2017 Council Meeting for Mr. Amar Patel to obtain ownership of the property. October 30, 2017—Building permit application submitted. November 1, 2017 — Final set of plans approved and building permit issued for reconstruction of motel. November 14, 2017 —November City Council meeting to take place. Iq Cy 7 >z � f c✓ ,1. -1lI,i" "Ol7 'Atd9dfi llINAOR01] DUNN _ DUDNAll•AmericaCity All•AmericaCily 1 If I %�$ly k 1"Ullvzi1 liLgivilux tt; gjV111 1 I ®Meeting ate. November 14, 2017 ]989 2013 1989*2013 SUBJECT TITLE: Board Appointment— Dunn Area Tourism Authority Presenter: City Manager Neuschafer Department: Admin. Attachment: Yes ❑ No Description: Letter from Dunn Area Tourism Authority Public Hearing Advertisement Date: 17117i611 To re -appoint Council Member Billy Tart as Council representative to serve on the Averasboro Township Tourism Development Authority le: Dunn Area Tourism Authority. BACKGROUND: A bill was filed and approved in January 2013, to increase the board of the Dunn Area Tourism Authority from seven (7) members to nine (9) members; this includes an appointment from the Dunn City Council. Council Member Tart's current term will expire on December 31, 2017. BUDGET IMPACT: None RECOMMENDATION/ACTION REQUESTED: Re -appoint Council Member Billy Tail as Council representative on the Dunn Area Tourism Authority with a term expiring on December 31, 2018. October 12, 2017 Steven Neuschafer Dunn City Manager 401 E Broad Sheet Dunn, NC 28334 Dear Steven: ® north curoolliun U —D wu travvel & tourism x4re �7naftrx 103 EAST CUMBERLAND STREET • PO BOX 310 DUNN, NORTH CAROLINA 28335 Phone (910) 892-3282 + Fax(910) 892-5735 www.dunntourisni ore It is time once again for an appointment of one of your City Council Members to be seated on the Board of Directors for the Dunn Area Tourism Authority. This position is for one year as set forth in House Bill 988 of the General Assembly and also in the Rules of Procedures for the Dunn Area Tourism Authority. This is a voting position to determine how the occupancy tax collected in the Averasboro Township is to be spent on marketing our All -America City and area. Please place these matters on your next agenda and we will be awaiting your response. Thank you for your assistance in this matter. If you should require additional information, please do not hesitate to give me a call Sincerely, cl lm ' fn1 EAW Sharon Stevens Community Marketing Director IDUNN All -America 6Ay 1999 * 201J /G Tourism Authority Board Chair: Kim Sclunidlin Vice -Chair: Billy Tait Members: Shannon Taylor, Abe Elmore, Paula Stewart, Anil Ojha, Jolene Thomas, Steven Neuschafer, Meredith Bradham, Finance: Mark Stephens Community Marketing Director: Sharon Stevens 1 IF City Council Agenda Form 1 1 ® Meeting ate® November 14, 2017 1111. 1989 * 2013 1989 * 2013 SUBJECT TITLE: Consideration to Accept a Vacant Lot Located on Martin Street — PIN# 1517-03-6687.000 from CGW, Inc. Presenter: City Manager Neuschafer/Attorne Pope Department: Administration Attachment: X Yes No Description: Letter and Map Public Hearing Advertisement Date: PURPOSE: The Council is being asked to accept a vacant lot located on Martin Street — PIN# 1517-03-6687.000 from CGW, Inc. 3ACKGROUND: 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: None RECOMMENDATION/ACTION REQUESTED: Approve the acceptance of the vacant lot located on Martin Street — PIN# 1517-03-6687.000 from CGW, Inc. POPELAW GROUP PA attorneysat law 403 West Broad Street Dunn, North Carolina 26334 Patrick H. Pope (1944-2003) 910-892-4029 P.D. Box 92B tt John P. Tart Fax: 91D-892-7275 Dunn, N.C. 28335 t P. Tilghman Pope Wiley J. Pope t DRC Certified Mediator E;-Mail: tilgliman@plgpa.com tt Of Counsel November 8, 2017 Mayor Oscar N. Harris Dunn City Council City Manager Steven Neuschafer RE: Proposed Property Donation by CGW, Inc. Martin Street — PIN# 1517-03-6687,000 Dear Mayor Harris, City Council and City Manager Neuschafer; At the October City Council meeting, you directed me to conduct a title search and necessary due diligence regarding the proposed property donation by CGW, Inc. for a lot on Martin Street with PIN# 1517-03-6687.000. 1 have now completed that process and I am writing to provide you with the results of my due diligence. Title to this property is vested in fee simple with CGW, Inc. and does not currently have any liens or encumbrances, other than the 2017 property taxes, which are not past due until January 1, 20M Therefore, if CGW, Inc. executes and delivers a deed to the City of Dunn and the 2017 property taxes are paid, the City of Dunn will have good title to the property. As long as the property is held by the City of Dunn, there will not be any further property taxes beginning 2018, however, someone will have to pay the 2017 property taxes. There is an issue regarding the legal description for the property. Due to the way this lot was originally configured in 1971 when the subdivision was developed and portions of it having been sold since that time, there is no current recorded plat or metes and bounds legal description for the property, Therefore, I would recommend the City get a survey and have it recorded and this survey be. used as the basis for receiving title to the property. If the City Council does not wish to get a survey, I can probably form some legal description from the materials I have available, however, 1 could not guarantee it's accuracy, Any person or entity that makes a contribution or donation to the City of Dunn is eligible for a tax deduction for the value of the contribution or donation. The City provides a letter acknowledging receipt of the contribution or donation. For donations of real property, an appraisal is required. I do not know if there has been any discussion with the property owner regarding who would be responsible for paying for an appraisal for this donation, but that is an issue that needs to be addressed. Page Two November 8, 2017 RE: Martin Street Property Donation (COW, Inc,) If any of you have any questions on this matter, please reel free to contact me at the office or I will be glad to address them during the City Council meeting on November 14, 2017. With best regards to each of you, PTP:cw Very truly yours, DUNN — � °° DUNN LIMN All -America City „n All -America City 1 ►City Council Agenda Form1 1 ®Meeting ate. November 14, 2017 1989'�'2013 1989*2013 SUBJECT TITLE: Settlement Agreement from tthew Damage - Jimmy Coats Presenter: City Manager Neuschafer Department: Admin. L Attachment: ❑ Yes No Public Hearing Advertisement Date: PURPOSE: To approve a settlement agreement with Jimmy Coats for damage done to personal property from sewer backup during Hurricane Matthew BACKGROUND: BUDGETIMPACT: $8,000 deduction from the Water/Sewer Fund Balance RECOMMENDATION/ACTION REQUESTED: Approve the creation and execution of a settlement agreement with Jimmy Coats for damage done to personal property from sewer backup during Hurricane Matthew. Agreement shall be in the amount of IM. ® _ D"��" MR, LLU L)UNN .N DU\IBM 9 1' City Council Agenda Form 111, rrw io a,.aa i..E, A rasa Meeting Date: November 14 2017 SUBJECT TITLE: Awarding of Project for FEMA Areas 2, 5, & 6 Presenter: Dean Gaster, Mark Stephens Department: Public Works, Finance Attachment: X Yes No Description: Award Project for FEMA Areas 2,5, & 6 Public Hearing Advertisement Date: PURPOSE: To award the project for FEMA Areas 2, 5, & 6 to the contractor of recommendation from the November 9 bid opening. BACKGROUND: During the damage assessment by the Federal Emergency Management Agency (FEMA), the following areas were identified to be damaged by Hurricane Matthew: • Area 2 — 900 Block of Carolina Drive — Sanitary Sewer Line Repairs — install one "H" pipe, realign pipe, repair banks, and add rip -rap — project cost estimate $82,400 • Area 5 — 1101 N. Railroad Street — Storm Drainage Repairs — install 24 linear feet of 48" reinforced concrete pipe, concrete end wall, and rip -rap — project cost estimate $86,000 • Area 6 — 1159 N. Wilson Avenue — Aerial Sewer Repairs — Install 2 concrete piers, replace 90 linear feet of 12" pipe, and rip -rap banks —project cost estimate $63,200 The letter of approval for the project application package has been received from FEMA for this project which combines Areas 2, 5, and 6 into one large project. BUDGET IMPACT: None - Project Worksheets equal or greater than $123,100 are considered large projects by FEMA and will be reimbursed based on actual documented expenditures. RECOMMENDATION/ACTION REQUESTED: Request City Council award the project for FEMA Areas 2, 5, & 6 to the contractor of recommendation from the November 9 bid opening. DAMS • MARTIN • POWELL ENGINEERS & SURVEYORS November 9, 2017 Re: City of Dunn, NC FEMA Areas 2, 5 and 6 Recommendation of Award DMP Project 160385(AL) Mr. Dean Gaster, Public Works Director City of Dunn PO Box 1065 Dunn,NC 28335 Dear Dean: Based on the estimated project budget the scope of the project allowed for an informal bid process. Plans and Specifications were sent to the following three local contractors requesting bids for the referenced project: ® Lorman Grading and Utility Construction m Sandy's Hauling and Backhoe TA Loving Wellons Construction After reviewing the plans and specifications, two of the four contractors called and indicated that, due to their current workload, they will not be bidding the project. The other two had indicated they were looking at bidding the project when contacted a couple of weeks before the bid date. Bids were received at 2:00 pm on November 9, 2017. Only one unit priced bid was received, from Lorman Grading and Utility Construction in the total amount of $171,390 ". Our certified bid tabulation sheet is attached. The total amount of the bid is in -line with the Engineer's Estimate and given the current busy construction bid market, the complexity of the work, and the size of this project, the bid is considered acceptable for the scope of work to be completed. Based on the one bid received, we recommend that the City of Dunn award a contract to Lorman Grading and Utility Construction in the amount of $171,390.00 for this project. We appreciate the opportunity to work with you and look forward to the successful implementation of these improvements. If you have any questions, please give me a call. Sincerely, DAVIS • MARTIN • POWELL & ASSOCIATES Michael Caliber, PE MPG/dd c: File P:t2016I1603851 Doc I recommeodadon of award -Areas 2, 6 & 5.docx T: 336-886-4821 • F: 336-886-4458 • License: F-0245 6415 Old Plank Road, High Point, NC 27265 • www.dmp-inc.com CITY OF DUNN HURRICANE STORM DAMAGE REPAIRS FEMA AREAS 2, 6, 5 Lorman Inc. 3475 Jonesboro Road Dunn, NC 28334 ITEM DESCRIPTION QUANTITY I UNIT UNIT PRICE AMOUNT Part 1- FEMA Area 2 - Carolina Drive Sanitary Sewer Line Repairs 1 Mobilization 1 IS $3,000.00 $3,000.00 2 Cut off pile one foot below pipe and remove pile 1 IS $1'500'00 $1,500.00 3 Realign existing pipe 1 LS $2,500,00 $2,500.00 4 Install new "H" pile 40 VF $420.00 $16,900.00 5 Install new "H" pile top 1 Ea $4,200.00 $4,200.00 6 Regrade bank near each manhole 1 LS $4,000.00 $4,000.00 7 Install Rip -Rap lining 18" min. depth with filter fabric sub -base 60 SY $50.00 $3,000.00 8 — Undercut and dispoosal of unsuitable soils, as needed 30 CY $100.00 $3,000,00 9 Borrow Material, as ncessary 30 CY $100.00 $3,000.00 10 Re-establish vegetation in all areas disturbed 1 LS $1,200,00 $1,200.00 Total Part 1 F $42,200.00 Part 2 - FEMA Area 6 - Between Railroad & Wilson Avenue Aerial Sewer Repairs 1 Mobilization 1 Ls $3,000.00 $3,000.00 2 — Remove & dispose of existing sewer pipe and vier 1 LS $900.00 $900.00 3 New Concrete Pier 2 Ea $9,500.00 $19,000.00 4 12" RJ DIP 90 LF $42S.00 $38,250.00 5 Regrade Stream Banks for Rip -Rap Placement 1 Ea $2,400.00 $2,400.00 6 Install Rip -Rap Lining 18" min. depth with filter 60 SY $50.00 $3,000.00 7 Undercut and disposal ofunsuitable soils, as Inceded 40 CY $100.00 $4,000.00 8 Borrow Material, as necessary 40 Cy $100,00 $4,000.00 9 Re-establish vegetation In all areas disturbed 1 LS $1,SOOAO $1,500.00 30 Clear and Grubb Areas needed for Construction 1 LS $2,000.00 $2,000.00 Total Part 2 $78,050A0 Part 3 - FEMA Area 5 - Near Granville Street Storm Drainage Repairs 1 Mobilization 1 LS $2,500.00 $2,500,00 2 Remove & dispose of existing damaged headwall, 1 LS $3,000.00 $3,000.00 3 48" RCP 24 LF $260.00 $6,240.00 4 Concrete Endwall 1 LS $12,400.00 $12,400.00 5 Modify existing Drop Inlet to connect new pipe 1 LS $4,000.00 $4,000A0 6 Regrade area over pipe and under Rip -Rap area 1 LS $2,500.00 $2,So0.00 7 Install Rip -Rap Lining 18" min. depth with filter fabric subbase 30 SY $50.00 $1,500.00 — 8 Undercut and Disposal of unsuitable soils, if 30 CY $100.00 $3,000.00 9 12" Bedding Stone under footing or pipe, or add additional stone If soils below either is 100 Tons $110.00 $11,000.00 10 Borrow Material, as necessary 40 CY $100.00 $4,000.00 it Re-establish vegetation in all areas disturbed 1 LS $1,000.00 $1,000.00 Total Part 3 $51,140.00 Total Bid (Part 1, 2, & 3) $171,390.00 THIS IS TO CERTIFY THAT THIS TABULATION IS CORRECT AND TRUE AND ACCURATE COPY OF THE BIDS SUBMITTED, THIS THE 9TH DAY OF NOVEMBER, 20: DAVIS • MARTIN • POWELL&ASSOCIATES BY: 4*�Vp � Michael Goliber, PE OMP Project 160385 (FEMA AREAS 2, 6, 6) DUNN WD DUN^N1)UiVIV All -America City AIi Amcriea Cite r kj1V V/ �eD C�tSVA.4�i 1'vi "X ® MeetingDate; ©venl-ber 141,, 017 19897t 2U13 1989*2013 SUBJECT TITLE: Consideration of Resolution Authorizing Issuance of Tax -Exempt Bonds for Pinewood Apartments, LLC Presenter: Mark Stephens Department: Finance Attachment: X Yes No Description: Resolution Public Hearing Advertisement Date: Oct. 31, 2017 PURPOSE: To consider resolution authorizing issuance of Tax -Exempt Bonds for Pinewood Apartments, LLC BACKGROUND: Per the Tax Equity and Fiscal Responsibility Act a public hearing is required and approval must be granted by the governing body where the project is located for certain non -profits to issue tax-exempt bonds. This does not obligate the City in any way financially. Other non-profit housing in the City of Dunn are Dunn Housing Authority and Harnett Training School, LLC and both of them either pay taxes or a payment in lieu of taxes. Since January 1, 2017, there has been 216 calls for service to this complex. (Police only) BUDGET IMPACT: The property would be owned by a non-profit and would not pay City property taxes. As the resolution stands there is not a payment -in -lieu of taxes agreement. The taxes for the City of Dunn based upon the current value are $14,641.75 annually. RECOMMENDATION/ACTION REQUESTED: Adoption of the Resolution Authorizing Issuance of Tax -Exempt Bonds for Pinewood Apartments, LLC. Is recommended with the condition that the non-profit pay the City of Dunn per the proposed Section 4 of the Resolution. RESOLUTION WHEREAS, Pinewood Apartments, LLC, a North Carolina limited liability company, or its successors or assigns (the `Borrower") has requested the Public Finance Authority (the "Issuer"), a Wisconsin bond issuing commission created under Sections 66.0301, 66.0303 and 66.0304 of the Wisconsin Statutes (the "Act") issue its Multifamily Housing Revenue Bonds for the benefit of the Borrower (the "Bonds"); WHEREAS, in connection with the financing of the Project described below, the Issuer anticipates issuing the Bonds in the aggregate principal amount of not to exceed $11,200,000, a portion of which will be used for the benefit of the Project and the balance of which will be used to finance two additional multifamily residential rental properties in North Carolina; WHEREAS, a portion of the proceeds of the Bonds will be used for the purpose of (a) financing the cost of acquisition and renovation of a multifamily residential rental property located at 400 Ponderosa Drive in Dunn, North Carolina and known as Pinewood Apartments (the "Project") and (b) paying certain costs of issuance of the Bonds; WHEREAS, in order to achieve interest savings, the Borrower desires that the Bonds be issued in compliance with the requirements of the Internal Revenue Code of 1986, as amended (the "Code") so that interest on the Bonds will be excludable from the gross income of the owners thereof; WHEREAS, pursuant to Section 66.0304(11)(a) of the Wisconsin Statutes, prior to their issuance, bonds issued by the Public Finance Authority must be approved by the governing body or highest ranking executive or administrator of the political jurisdiction within whose boundaries the project is to be located; WHEREAS, the Borrowers have requested that the Dunn City Council (the "Council') approve the financing of the Project and the issuance of the Bonds in order to satisfy the requirements of Section 4 of the Amended and Restated Joint Exercise of Powers Agreement Relating to the Public Finance Authority, dated as of September 28, 2010 (the "Joint Exercise Agreement'), and Section 66.0304(11)(a) of the Wisconsin Statutes; WHEREAS, the TEFRA Notice was published in The Daily Record not less than 14 days prior to the date of the public hearing; WHEREAS, such public hearing was conducted in a manner that provided a reasonable opportunity to be heard for persons with differing views on both the issuance of the Bonds and the location and nature of the Project which is to be finances by the Bonds; WHEREAS, this Council is the elected legislative body of the City and is the applicable elected representative required to approve the issuance of the Bonds within the meaning of Section 147(f) of the Code; WHEREAS, the Council now desires to approve the issuance of the Bonds and the approval is intended to constitute the approval required by Section 147(f) of the Code; and WHEREAS, it is deemed necessary and advisable that this Resolution be adopted. NOW, THEREFORE BE IT RESOLVED BY THE BOARD AS FOLLOWS: SECTION 1. The Project is located within the City of Dunn, North Carolina (the "Jurisdiction"). The Project will be owned by the Borrower. The issuance of the Bonds by the Issuer in an aggregate amount not to exceed $11,200,000 is hereby approved for purposes of Section 147(f) of the Code. SECTION 2. A hearing open to the public was held on November 14, 2017, for which due and reasonable public notice was given to the Jurisdiction in accordance with the provisions of law and the procedures established therefor. SECTION 3. Such approval shall be solely for the purposes of Section 147(f) of the Code. The Jurisdiction shall have no liabilities for the payment of the Bonds nor shall any of its assets be pledged to the payment of the Bonds. SECT! �j z SECTION $ Such approval 'of the Council is conditioned on the Borrower prior to closine on the p}rchase of the Project and the issuance of the Bonds, executing an agreement satisfacto 1 to the Council wherein the Borrower agrees to make an almual navment to the City of Dunn North Carolina equivalent to what would have been the amount owed for ad valorem taxes to the City of Dunn if the Borrower or Project were not tax-exempt, m heu of propel t� taxes in consideration of the services to be provided to the Protect by the Citv of Dunn. SE -A SECTION 5. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. [Remainder of this page intentionally blank] 10364733 LD/ACR THIS RESOLUTION HAVING BEEN DULY CONSIDERED AND VOTED UPON WAS PASSED AND APPROVED THIS 1411 DAY OF November, 2017. ATTEST: By: Name: Title: THE CITY OF DUNN, NORTH CAROLINA By: Name: Title: S-1 ® a north carotins 1)tINN '>"" U NN r�®rr 1 1 ',t,. 01 aa„,Meeting ' City Council Agenda Form I+w 8 N11 Date: November 14,2017 SUBJECT TITLE: Bay Street Water/Stormwater Project Update Presenter: Dean Gaster Department: Public Works Attachment: X Yes No Description: Bay Street Project Update Public Hearing Advertisement Date: UPDATE: Preliminary field work has been conducted on E. Bay Street from S. Clinton Avenue to approximately 140 feet west of S. Wilson Avenue. It has been determined that a 4' X 4' box culvert runs parallel to the 42" corrugated metal pipe (CMP) on the north shoulder of E. Bay Street. This box culvert appears to be in good condition. The project will include replacement of approximately 435' of the 42" CMP with 48" CMP. It has also been determined that a new junction box will have to be built in the 100 block of E. Bay Street approximately 140' west of S. Wilson Avenue to connect the existing 4' X 4' culvert box, the new 48" CMP, and an existing 15" CMP that provides drainage from the north side of the 100 block of E. Bay Street to the storm drain lines that run under CSX railroad to the west side of town. Engineered drawings were previously prepared for Phase II of the E. Bay Street water line project by Davis, Martin, Powell & Associates (DMP). The Phase II project runs from the west side of S. Clinton Avenue to the east side of CSX railroad on E. Bay Street. DMP has provided a project cost estimate to the City for the Phase Il E. Bay Street water line project, the E. Bay Street stormwater project, and the street repaving project. Once bid packets are prepared, formal bids will be obtained for the project. RECOMMENDATIONIACTION REQUESTED: None at this time. DAvis ® MARTIN • POWELL ENGINEERS & SURVEYORS November 6, 2017 Re: City of Dunn Bay Street Infrastructure Improvements Engineering Services Proposal Mr. Dean Gaster Public Works Director City of Dunn PO Box 1065 Dunn, NC 28335 Dear Dean: Davis • Martin • Powell & Associates (DMP) appreciates the opportunity to submit this Engineering Services Proposal for Professional Services for the proposed Bay Street Infrastructure Improvements. Background In 2013, the City of Dunn retained DMP to design water system improvements for multiple blocks of Bay Street: from Railroad Avenue to Elm Avenue. For budgetary purposes, the project was divided into two phases and at that time only Phase I was completed, which included installation of a new water main from just west of Clinton Avenue to Elm Avenue. In the early 2000's DMP conducted an inventory of the storm drainage system that extends through the Bay Street Area. A masonry box culvert and a 42" CMP extended through the area at that time. Since then the most deteriorated downstream section of 42" CMP has been replaced with a 48" RCP. The remaining section of the deteriorated 42" CMP needs to be replaced at this time. The replacement of this CMP was also identified in our 2014 Drainage System Study. In addition, the street surface along this section of Bay Street is deteriorated and failing. Previous water line and CMP failures, and poor drainage in the area have contributed the current condition of the street. Scope of Services After an initial site inspection and conversations with staff, it was determined that existing masonry box culvert is functioning adequately and can remain in service and the scope of storm drainage improvements will include replacement of the deteriorated 42" CMP with a new 48" RCP. The existing junction box under the street will remain and the walls of the box will be repaired where the new 48" pipe connects. The remaining water system improvements will also be completed as part of this project and the planned water line crossing of the two storm drainage culverts will be changed to 90 degrees and shifted away from the area where the two -storm culverts converge in the large junction box. After the water and storm drainage system improvements are completed the street will be rebuilt by removingthe deteriorated pavement and any soft underlying soils, installing a geo-grid to strengthen the sub soils, installing 8" of stone base, and finishing with 2" of asphalt pavement. Shoulders and ditch lines will also be reworked to provide better drainage along the street. T: 336-886-4821 • F: 336-886-4458 • License: F-0245 6415 Old Plank Road, High Point, NC 27265 • www.dmp-inc.com City of Dunn Bay street Infrastructure Improvements November 6, 2017 Page 2 of 4 DMP's engineering services for this project will include field review, supplemental surveying, design, preparation of specifications, drafting, and project management necessary to produce final construction plans, contract documents, and any necessary permit applications. More specifically, our Scope of Workwill include the following phases: Final Design Bidding and Contract Award DMP will be responsible for surveying/design/drafting of civil drawings for the proposed improvements. — Prepare construction plans, contract documents and technical specifications for the project. These will include applicable technical specifications and bidding documents based on the final design. — Prepare applications for the City to obtain necessary permits. — Prepare detailed quantities for bidding, and update the estimate of probable cost, based on final plans and specifications. — Coordinate the issuing of contract documents to prospective bidders, respond to inquiries, issue addenda as necessary, and conduct the bid opening. — Review the bids for conformance, prepare a certified bid tabulation, research the low Bidder's qualifications, and make a recommendation of award to the City to award the contract to the lowest, responsible, responsive bidder. Construction Administration Construction Administration services would include general engineering and office support during construction. — We anticipate that the project will be constructed under a single contract. — Conduct the Pre -Construction meeting and issue meeting minutes. — Review shop drawings and submittals. — Review and respond to requests for information (RFI's) from the bidders. — Conduct periodic progress meetings and prepare meeting minutes. — Review change order requests. — Review monthly pay requests and forward to the City. Coordinate Contract Closeout, to include attendance at final inspection, review of final contract documents, and Engineer's Certification of project completion to the appropriate agencies. — Prepare Record Drawings from plan markups by the Contractor and Field RPR. Three hardcopy sets of record drawings will be provided in addition to AutoCAD .dwg and .pdf digital files. Resident Project Representative (RPR) Services — The Scope includes a Resident Project Representative (RPR) during the construction period to review and observe work of the construction Contractor. The RPR will typically work either half or full days depending on the work being completed; — The RPR will coordinate schedules with the City and Contractor to provide a presence during key construction tasks; — The RPR shall be the Engineers' site representative and will serve as field liaison between the Contractor and the Town, attend job site meetings, etc.; — The RPR will review and observe field work, approve payment quantities, determine acceptability of work items; etc., for compliance with approved contract documents; — The RPR will keep a daily log describingthe activities and construction progress of the Contractorfor each site visit; — The RPR will report directly to the Engineer; — The RPR will assist the Contractor in maintaining records of deviations from construction drawings; — The RPR shall have no authority regarding the following: City of Dunn Page 3 of 4 Bay Street infrastructure improvements November 6, 2017 9 • Authorization of any deviation from the contract documents or approval of any substitute materials or equipment; • Performance of any of the responsibilities of Contractor, subcontractors, or Contractor's superintendent; • Expediting work for the Contractor; • Advice or directions relative to any aspect of the means, methods, techniques, sequences, or procedures of construction unless such is specifically called for in the contract documents. Additional Services or Services Not Included DMP is available to provide additional services in conjunction with this project, which may be unforeseen at this stage of the project. Any additional services requested by the City, which are not specifically outlined in the Scope of Work, can be provided on an hourly basis, or negotiated as an amendment to this proposal. Additional expenses will not be incurred without prior written authorization. Initial Estimate of Probable Project Cost In order to help the City plan an overall budget for this project we have also prepared separate cost projections for each section of work. Initial estimates of probable cost are summarized below and have been broken down by type of work to help the City identify funding sources for the work including water, storm drainage (Powell Bill or storm water funding eligible), or streets (Powell Bill eligible) Total Estimated Total Estimated Construction Cost Budget Project Cost Budget stem Improvements iPartiStreet $92,000 $105,000 ainage System Improvements $195,000 $225,000 rfaceImprovements $116,non $132,000 Compensation DMP will furnish the scope of services as outlined herein for the following lump sum or hourly amounts: Description Fee Type 1. Final Design and Bidding Services $16,000 Lump Sum 2. Construction Administration* $4,700 Hourly 3.RPRServices** $9,100 Hourly **RPR Services budget is based on ninety six (96) hours over a two (2) month construction contract. Based on our review of your project and our evaluation of time and effort required to complete the above services, we would charge certain tasks forthis type of project on an hourly basis. The fees stated above are based on the anticipated requirements and steps we will need to complete the scope outlined in this proposal. Additional design work due to changes by the owner may require adjustments to this fee. Any changes to this fee estimate will be reviewed and approved before additional cost is incurred. Our Standard Terms and Conditions (Attachment A) and Standard Billing Rates (Attachment B) apply to this project. Periodic invoices corresponding to the completed task outlined above will be mailed at the beginning of each month, and payment will be due upon receipt. City of Dunn Bay Street Infrastructure Improvements November 6, 2017 Page 4 of 4 Summary Davis • Martin • Powell appreciates the opportunity to submit this proposal for professional services related to this project. If acceptable, please return one executed copy of this proposal to our office, and we will proceed accordingly. If you have any questions, please let me know. Sincerely, DAVIS-MARTIN-POWELL & ASSOCIATES, INC. Michael Goliber, PE C: File Enclosures: Attachment A —Standard Terms & Conditions Attachment B — Standard Rate Schedule Accepted: City of Dunn, NC By. Date: Printed Name & Title: Dean Gaster, Public Works Director P:1201711703051CIient Contract InfolDunn Bay Street EngineeringFeeProposal20l7-11-06.docx Attachment "A" Davis -Martin -Powell & Associates, Inc. Standard Terms and Conditions These Standard Terms and Conditions are incorporated by reference in the accompanying Proposal or Agreement (Agreement) between Davis -Martin -Powell & Associates, Inc. (Consultant) and its Client for the performance of Engineering, Surveying, Planning, or other services (Services) as indicated. 1. Period of Offer: This Agreement is valid for a period of 60 days from the date unless otherwise extended in writing by Consultant. Consultant may withdraw an Agreement at any time prior to its expiration date. 2. Performance of Services: Consultant shall perform the Services as outlined in this Agreement in consideration of the stated fee and payment methods. 3. Access to Site: Unless otherwise stated, Client shall provide Consultant right -of -access to the project site(s) for activities necessary for the performance of the services. Consultant will take reasonable precautions to minimize damage due to these activities, but has not included in the fee the cost of restoration of any resulting damage and will not be responsible for such costs. 4. Additional Services: In the event Client requests Consultant to provide services not specifically described in the Agreement, or in the event Consultant, or anyone employed by Consultant, is called upon to be deposed or to testify in a matter to which Consultant is not a named party as a result of Services performed hereunder, Client agrees to compensate Consultant in accordance with the Billing Rate Schedule set forth in this Agreement unless both parties agree in writing to a compensation basis. S. Rate Schedule: If no Rate Schedule is set forth, compensation shall be at - the Consultants' then effective Rate Schedule. Consultant may adjust the Rate Schedule annually to reflect equitable changes in the various categories. 6. Period of Service: This Agreement and the compensation set forth herein are established in anticipation of the continuous progress of the services. In the event of suspension of Services by Client, Consultant may at its option terminate this Agreement or request adjustment in amount of compensation. 7. Payment Terms: Client agrees to pay Consultant for all services performed and all costs incurred. Prior to providing services, Client shall deposit a Retainer with Consultant if so specified in Agreement. The Retainer shall be credited on the final invoice and remaining balance, if any, refunded to Client. Invoices for the Consultant's services shall be submitted, at Consultant's option, either upon completion of such services or on a monthly basis. Invoices shall be due and payable upon receipt. If Client reasonably objects to any portion of an invoice, Client shall notify Consultant in writing within 10 days from the date of receipt of invoice, give reasons for the objection, and pay that portion not in dispute. Failure to provide such written notice shall be deemed a waiver of all objections to that invoice. Accounts unpaid 30 days after the invoice date may be subject to a monthly finance charge of 1.5 % on the unpaid balance. If any invoice is not paid within 60 days, Consultant may, without waiving any claim or right against Client, and without liability whatsoever to Client, suspend or terminate the performance of services. In the event any portion of an account remains unpaid 90 days after the billing, Consultant may institute collection action. Client shall pay all costs of collection, including reasonable attorney's fees. 8. Indemnification: Client shall, to the fullest extent permitted by law, indemnify and hold harmless Consultant, his or her officers, directors, employees, agents, and sub -consultants from and against all damage, liability and cost, including reasonable attorney's fees and defense costs, arising out of or in any way connected with the performance of Services under this Agreement, excepting only those damages, liabilities or costs attributable to the negligence or willful misconduct of Consultant. 9. Limitation of Liability: Consultant's liability to Client for any claim, loss or damage asserted by Client, its agents or employees, or any third party claiming through Client, arising out of an alleged breach of this Agreement or any other act, error or omission of Consultant, shall not exceed the greater of $50,000.00 or the fees actually paid Consultant. if Client desires a higher limit of liability, the parties may agree to an increased fee to offset the increased limit of liability. 10. Disclaimer of Consequential Damages: In no event shall Consultant be liable to Client for any special, indirect, incidental or consequential loss or damages, including but not limited to lost profits and loss of use arising from or relating to the Services. 11. Information for the Sole Use and Benefit of the Client: All opinions and conclusions of Consultant, whether written or oral, and any plans, specifications or other documents and services provided by Consultant are for the sole use and benefit of Client on the named project and are not to be provided to any other person or entity without the prior written consent of Consultant. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of any third party against either Consultant or Client. There are no intended third -party beneficiaries of this Agreement. . 12. Ownership of Documents: All documents produced by Consultant under this Agreement are instruments of Consultant's professional service and shall remain the property of Consultant and may not be used by Client for any other purpose without the prior written consent of Consultant. ©2015 DMP Rev.4. 09-2015 Page 1 of 2 Attachment "A" Davis -Martin -Powell & Associates, Inc. Standard Terms and Conditions 13. Assignment: This Agreement may not be assigned by Consultant's monitoring of others performance is not either party without prior written approval by the other intended to include supervision of the others; review of party. Client acknowledges that Consultant may safety procedures; nor is Consultant responsible for subcontract portions of these Services without the the safety or security at the site, other than its own approval of the Client. employees. Consultant is not responsible for the contractor's failure to perform the work in accordance 14. Certifications, Guarantees and Warranties: with the Contract Documents. Consultant does not Consultant will perform Services using the degree of have the right or duty to halt the work of others. skill and care ordinarily exercised under similar conditions by members of the Consultants profession 19. Cost Estimates: Consultant may provide opinions of practicing in the same or similar locality at the time of construction and other project related costs as part of this Agreement. Consultant shall not be required to these Services. Consultant assumes no responsibility execute any document that would result in Consultant for such cost estimates as Consultant has no control certifying, guaranteeing or warranting the existence of over the costs of labor, materials, or services furnished any conditions. This Agreement considers only those by others, or the competitive bidding and market regulations in effect 60 days prior to Agreement date. conditions. No portion of this Agreement or other representations 20. Insurance: Consultant will maintain the following by Consultant, its agents or employees shall be insurance coverage: Workers Compensation; construed or interpreted as a guarantee of approval by Commercial General Liability; Automobile Liability; any board or agency. and Professional Errors and Omissions. Should Client 15. Dispute Resolution: Any claims or disputes between request to be a named insured, or request the Client and Consultant arising out of the services to be Consultant provide additional insurance coverage, provided by Consultant or out of this Agreement shall Client agrees to reimburse the Consultant for any be submitted to non -binding mediation. Client and additional cost associated with such requests. Client Consultant agree to include a similar mediation acknowledges that it cannot be an additional named agreement with all contractors, sub -consultants, sub- insured under any policy of insurance providing contractors, suppliers and fabricators, providing for coverage for Professional Errors and Omissions. mediation as the primary method for dispute 21. Deliverables. Consultant shall select the methods, resolution among all parties. software, and format of any deliverables utilized or 16, Accrual of Actions: As between the parties to this created during performance of the work, unless Agreement: as to all acts or failures to act by either otherwise stated in the Agreement or requested by the party to this Agreement, any applicable statute of Client prior to commencement of work. Electronic limitations shall commence to run and any alleged deliverables shall be compatible with current industry cause of action shall be deemed to have accrued in standards and conversion to other formats shall be the any and all events not later than the relevant Date of responsibility of the recipient. Substantial Completion, and as to any acts or failures 22 Severability: If any part of this Agreement is held to to act occurring after the relevant Date of Substantial be illegal or unenforceable, the validity and Completion, not later than the date of Consultant's enforceability of the remaining parts shall not be final invoice for the Services. affected, and the rights of Consultant and Client shall 17. Termination of Services: This Agreement may be be enforced as if the Agreement did not contain the terminated at any time by either party should the other illegal or unenforceable part. party fail to perform its obligations hereunder. In the These Standard Terms and Conditions and any other event of termination for any reason whatsoever, Client documents expressly referenced in the Agreement shall pay Consultant for all services rendered to the constitute the entire Agreement between the parties. date of termination, and all reimbursable expenses incurred prior to termination and reasonable termination expenses incurred as the result of termination. 18. Site Responsibility: The presence of Consultant's representatives will not relieve any contractor, subcontractor, or consultant not employed by Consultant, of their responsibility to perform their work in accordance with applicable laws and regulations. Client agrees that each contractor, subcontractor, or consultant not employed by Consultant shall solely be responsible for working conditions; security and safety of persons and property; compliance with OSHA regulations; and providing all safety equipment and training necessary for the protection of its personnel. ©2015 DMP Rev,4. 09-2015 Page 2 of 2 Attachment "B" Davis -Martin -Powell &Associates, Inc. STANDARD RATE SCHEDULE Senior Associate...................................................................... $175 Associate................................................................................. $150 Senior Project Manager........................................................... $135 Project Manager...................................................................... $115 Project Engineer/Surveyor...................................................... $100 SeniorTechnician................................................................... $95 Engineering/Surveying Technician I ....................................... $80 Engineering/Surveying Technician II ..................................... $65 Construction Manager............................................................. $110 Senior Construction Representative ........................................ $80 Construction Representative................................................... $70 3-Man Surveying Crew ......................................................... I. $130 Standard Surveying Crew ....................................................... $105 Administrative Assistant......................................................... $50 TravelMileage........................................................................ $0.60 Mealsand Lodging.................................................................. At Cost Reimbursable Expenses (sub -consultants, courier, etc.) ....... At Cost+15% Rev. September, 2015 ........... nmavanimnxx,ne...in:nxabai u.n:LLaas�s,r�snrux+x+Mn.»nmwsix .m mnsrs a r,�nowo xmox'uvna '�/' """. AIMIO]ll3NalM bixsweel oaaesvtnnv SNOA3A8 NS 8 5833 NI'J N3 dwp m ®�° NNna d0 A1I0 = rrl�Ocj • NILUVW • SIAVQ 3 SINIW3AO8dWI W31SAS NJiVM AMIS 08 1SV3 1°s'y ZI'OZtOi 'V1S-00'00t01'V1S W IA Old- 135VHd a asv=ora"v'a°oaa s NOLLtlNILLNO� Y03 I.., .1m 33 Oo'0o+n 'vts xNnxuvry 5 g 4 PI 6 I�—p— MAlP1Y11E sfA osio0.00 sR T115 6N6i Fdt fA11TNU Pllu4 "{�' 7 �T 7� a a m IN ��p m iiRF 19 �N g $vza a PHASE 2 - PLAN VIEW STA.,03.65.44. STA. 10 00.00 ' O EAST BAY STREET WATER SYSTEM IMPROVEMENTS OF OUNN CITYENGINEERS DAMS • MARTIN • POWELL & SURVEYO�RSmp P wmxrv:ma, wwfrr Fuem � n. �lomx Feaouxe + PNSMwr,aRk�ICM¢Mu�Iv.IW lwue lvmwgo-rmllusetWu Ws D1 � . DUNN All -America GIIY All -America GIN AgendaCity Council 5 a MAa.l �> Date: e, November ,( ,., r.. ReportSUBJECT TITLE: Financial •resere r, Finan—ce Director Mark Stephens Finance Attachment: X Yes No Description:Department Public Hearing Advertisement D. PURPOSE: Attached please find the Financial Update as of September 30, 2017 for your review BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: ® north carolina UNN city of dunn FINANCE DEPARTMENT POST OFFICE BOX 1065 a DUNN, NORTH CAROLINA 28335 (910) 230-3500 ° FAX (910) 230-3590 www.diinn-ne.org MLMO UNDUM To: Honorable Mayor, City Council Members From: Mark Stephens, Finance Director Subject: Financial Report Date: November 14, 2017 Mayor Oscar N. Harris Mayor Pro Tem Billy Barfield Council Members Buddy Maness Dr. Gwen McNeill Frank McLean Billy Tart Chuck Turnage City Manager Steven Neusehafer ® The City as of September 30, 2017 had $2,030,314 in cash in the General Fund and $2,784,976 in the Water -Sewer Fund. In September of 2016 the City had $1,870,608 in the General Fund and $2,185,665 in the Water and Sewer Fund. ® Properly tax collections through September were $359,525 or less than 9.36% of budget. Last year property tax collections through September were $447,834 or 12.11% of budget. ® Sales Tax Revenue is $351,817 or 18.28% of budget. Benchmark for this month is 16.67% 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 $17,643 or 27.14% of budget. Benchmark for this month is 25.00% of budget. • Water and Sewer Revenues were $1,156,772 or 24.35% of budget. Benchmark for this month is 25.00% of budget. Expenditures were 21.69% of budget in the general fund and 19.74% of budget in the water and sewer fund. The benchmark for this period is 25.00% of budget. DV»N ® _ DUNN city nl' Aunn i•emeroca vi 1 city CouncilAgenda _ r iseti Date: November � — 1999*2013 Meeting 1989*2013 SUBJECT TITLE: Tax Report, Planning & Inspections Report, Public Works Report, Recreation Report, Library Report, Police Report, Collections Report & Property Report n Neuschafer *PublicHearing No 7A&e;r�tise7ment Description: Monthly Reports ate: NlA PURPOSE: Attachedplease find the following Monthly Reports for your review: A. Tax Report September, 2017 B. Planning & Inspections Report October, 2017 C. Public Works D. Recreation Report E. Library Report F. Police Report G. Collections Report H. Property Report BACKGROUND: BUDGETIMPACT: RECOMMENDATIONIACTION REQUESTED: September, 2017 October, 2017 October, 2017 October, 2017 Through October, 2017 Through October, 2017 Mayor north Carolina Oscar N. Harris Mayor Pro Tern U=U'DUNN Billy Barfield Council Members Buddy Maness city of Cl a ri n Dr. Gwen McNeill FINANCE DEPARTMENT Frank McLean Billy Tart POST OFFICE BOX 1065 ^ DUNN, NORTH CAROLINA 28335 Chuck Tannage (910) 230-3500 ^ FAX (910) 230-3590 City Manager www.dnnn-nc.org Steven Neuschater Current Year Tax Collection through September 30, 2017 2017 TAXES Downtown City Taxes Total Ad Valorem Levy $ 3,750,637 $ 35,668 $ 3,7861305 Collections thru September 2017 359,525 4,187 363,712 Taxes Receivable September 2017 3,391,112 31,481 3,422,593 Percentage Collected 9.59% 11.74% 9.61% DUNN � 2Z naftn AII�AmericeCliy 19s91(3013 DuNN Thin [GIAWBAIF��TIA:t✓tY L� October 2017 I 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.org Permit Fees Collected Plans Reviewed 17 Demolitions 3 Certificate of Occupancy's 2 projects Issued Grant Information: • Began working on the FY17-20 EPA Brownfields Grant. • Planning a bicycle rodeo with the police department at the local elementary school to deliver the grant awarded bicycle helmets. • Installed the Electric Vehicle Charging Station provided by a grant through Duke Energy. �L.1NN du .,r a.. unen �mx;✓enr '1'r..etferz ® Worked with the DDDC on the Downtown Associate Community Grant program. Code Enforcement Map October 20140 n x� 'I Olinh;Ad k VI y� "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." Iw_NN >s�ere rammmnily coulters Public Works Department I September 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) *Data from Mobile311 work order system (may not include all work performed) DLINN duno vr�erz amrznu�nily molten Public Works Department I September 2017 I 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. *Data from NC DEQ DMR documents, Black River Wastewater Treatment Plant records, and Mobile311 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 (w .dunn-nc.org October2017 Dunn Parks & Recreation Facility Rentals, Programs & Etc. Numbers Rentals Facility Dunn Community Building 4 _ Clarence Lee Tart Memorial Park 2 Nathan Hands Athletic Complex @ Tyler Park Baseball & Softball Field Rentals _ 2 6 P K Vyas Center New Memberships___ __ 3 Renewed Memberships 27 � Guest Membership 3 Adult Basketball 53 Batting Cage Rentals 0 I I. Monthly Recreation Report 2017 Dunn Parks & Recreation October Monthly Narrative Report Sports Programs: Our NC Angels World Series Champions were recognized by Representative David Lewis and the NC House on October 41h in Raleigh. They were treated to lunch and a tour of the legislative building. They were also interviewed by WTVD 11 and that interview was aired at 6:00 p.m. that night. Soccer Teams Instructional league finished their regular season and received their trophies on Saturday, October 28th We are finishing with our regular season games, and then we will proceed on to tournament games. Our 1011 & 13U Boys and Girls soccer teams will advance to the playoff round. The top four teams in each age group will advance to the playoffs. The first round of playoffs will be played on Monday, November 61h. Championship games will be on Monday, November 61h at 6:00 for Pee Wee and Midgets at 7:30- Football Teams Our Termites finished their season undefeated. Our Pee Wee clenched the number seed, and they are 5 & 0. The Midgets are currently 3-1-1. We also implemented Yoga in the Park with Emmesha White. Our Miracle League will be starting in early November. Senior Programs The senior prom was held in the Dunn Community Building on Friday, October 6". The prom theme of the prom was the Fifties Rock N Rock. They had some cars outside on display as prom attendees arrived. Winter Registrations: Winter registration for our basketball leagues began on October 2"d and will end on November 21't. The draft dates are as listed: Monday, November 27th @ 6:00 p.m. Pee Wee Boys Tuesday, November 28' @ 6:00 p.m. Midget Boys Thursday, November 30'h @ 6:00 p.m. Pee Wee Girls @ 7:00 p.m. Midget Girls Dunn Parks & Recreation Advisory Board will meet on Thursday, November 2"d at 6:00 p.m. October 2017 1 Monthly Library Report Dunn Public Library 1 110 E. Divine St., Dunn, NC 28334 1 phone 910-892-2899 1 fax 910-892-8385 www.dunn-nc.org/library October 2017 Library Monthly Narrative Report At our quarterly meeting of the Dunn Public Library Board of Trustees on October 10h Library Director Mike Williams raised the issue of transferring what is referred to as the North Carolina Collection to the Dunn Area History Museum. This collection is stored in the library conference room. The rationale is to create space for more topical programming for youth. Subsequently Mike Williams was contacted by Robert Carr and Mark Johnson of the museum. They are agreeable to this offer. The impetus for this dramatic move is to facilitate more relevant programming for preteens and young teens going forward. This is not a group we have served well in the past apart from our book collection. Attendance is down overall and it is not foreseen traditional library programming will attract this audience. Technology programming is something that is likely to appeal to this group. Moreover technology programming offers a foundation for the kinds of digital literacy that will continue to be important in the lives of this group. Examples of such programming are Minecraft clubs, 3-D printing, and computer animation. Over the next month or so, we intend to study our ability to offer such programming in a meaningful way. The idea is not to add technology as an end unto itself. Rather the intention is to use it to develop a skill set or to spark an interest in a particular area such as engineering. If we are able to develop technology programming it is likely it will be useful and well received. If we determine it is not feasible for the library to offer technology programming, we will not go forward with the plan to transfer the collection. DI.INN ]%(6IE fOPOIfI(R[641Rd�iE/J October 2017 ( 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: None dr NIM r Other Co • •Pills i• I us currency Firearms . ••. Felony Arrests 0 Narcotics Narrative: The narcotics division conducted a search warrant on a residence located at 1911 Friendly Road after receiving a complaint from the inspections department in reference to possible drug activity. The home was found in deplorable conditions and several arrest was made as a result of the search. Several purchases of methampheta mines has been made over the last month and the investigation continues on these suspects. " - DuNN � �ia community maflen B ® B 4 Speeding (Infraction) Seat Belt 0 Passenger Seat Belt Juvenile 1 No Operators License 10 Driving while License Revoked 17 Failure to Stop (Stop Sigh) 3 Running Red Light 3 Failure to reduce speed 5 Misdemeanor Arrests 78 Felony Arrests 16 Firearms Seized 0 Marijuana Seized 12A GM Cocaine Seized 2.10 GM Heroin Seized 1 DU Other Drugs Seized 41 DU U.S. Currency Seized 0 Patrol Narrative: 1. ON OCTOBER 20, 2107 LT. C. WHITE RESPONED TO A SUSPICIOUS FIRE LOCATED 311 N. MCKAY AVE. THE STORAGE BUILDING LOCATED NEXTTO THE RESIDENCE WAS BURNING. THE BUILDING CONTAINED SEVERAL TYPES OPF GARDEN TOOLS. THE ASST. FIRE MARSHAL RODENY EASON REQUESTED THE CRIMINAL INVESTIGATIONS DIVISION TO RESPOND DUE TO THE FIRE BEING SUSPICIOUS IN NATURE. THE SCENE WAS TURNED OVER TO CID. 2. ON OCTOBER 27, 2017 OFFICER D. MILLER RESPPONDED TO THE D&H MART 908 N. CLINTON AVE REFERENCE TO A JUVEINLE WHO HAD BEEN LOCATED. THE JUVENILE WAS A 6 YEAR OLD B/M. HE WAS SEEN RUNNING DOWN E. GRANVILLE ST. TOWARD THE D&H MART. THE JUVENILE WAS IDENTIFIED AS KHADEN WORTH. THE JUVENILE WAS SCARED AND CRYING STATING HIS FATHER HAD LEFT HIM ALONE. WHILE OFFICER MILLER WAS ON SCENE THE JUVENILES FATHER SHOWED UP. THE JUVENILE WAS TURNED OVER TO HIS FATER. THE CASE WAS TURNED OVER TO THE CRIMINAL INVEGTIGATIONS DIVISION. 3. ON OCTOBER 29, 2017 OFFICER DEAN RESPONDED TO 500 N. CLINTON AVE. REFERENCE TO SHOTS FIRED. SHE WAS INFORMED BY THE VICIMT RUBEN PLANAS THAT HE WAS SHOT AT BY DEREK WILLIAMS B/M AS HE WAS DRIVING AWAY FROM THE RESIDENCE. OFFICER DEAN WAS UNABLE TO LOCATE ANY EVIDENCE OF SHOT BEING FIRED. JUVENILE MONTHLI REPORT Criminal Investigation Division Detective J. Brannan MONTH OF OCTOBER 2017 CASES ASSIGNED: CASES FILED INACTIVE: TOTAL JUVENILE CASES 09 09 00 00 CASES EXCEPTIONALLY CLEARED: 04 04 CASES CLEARED BY ARREST: 04 04 CASES UNFOUNDED: 00 .01 TOTAL CASES CLOSED: 9 CURFEW WARNINGS 04 CURFEW VIOLATIONS 00 SPECIAL OPERATIONS WORDED: 0 COMMUNITY SERVICES/PRESENTATIONS: 0 VALUE OF RECOVERED PROPERTY: $0.00 VALUE OF NARCOTICS/MONIES SEIZED: $0.00 ARRESTS: (ADULT) FELONY: 00 (ADULT) MISDEMEANOR: 02 (JUV) FELONY: 01 (JUV) MISDEMEANOR: 04 TOTAL ARRESTS: FEL: 01 MISD: 06 s z 6>$e« 3{: :\4 2$ ■ )� \\\\\\)/ \ ■ \ � .. � J - ilk 2)})2N0 ;o}6to:t e f$»$eiQ Ilm \/ 0 it ) ] . )� \ October 1, 2017 ANIMAL CONTROL ACTIVITIES September 2017 #CALLS LOGGED: 111 (complaints: 68 Citizen assist: 43) #DOGS PICKED UP: 55 #DOGS LEFT IN POUND: August 18 #DOGS RETURNED: 03 #DOGS ADOPTED: 17 (13 by rescue) #DOGS ESCAPED: 0 #DOGS PUT TO SLEEP: 31 #DOGS IN POUND: 22 #DOG BITES REPORTED: 1 #DOGS QUARANTINED: 1 #CAT BITES: 0 #CATS QUARANTINED: 0 #CATS PICKED UP: 24 #CATS PUT TO SLEEP: 02 #CATS ADOPTED: 02 #CATS ESCAPED: 0 #CATS RETURNED: 0 #OTHER ANIMAL CALLS: 1 goose #WARNINGS ISSUED: WRITTEN: 16 CIVIL CITATIONS: 08 VERBAL: 24 MILEAGE: End of Month: 109923 End of Month: 159339 Beginning of Month: 109256 Beginning of Month: 158415 Truck #55 667 Truck #56 924 Respectfully Submitted, Patti Lane Collins, Animal Control Officer WEEDY LOTS ASSESSMENTS BACK TAXES INITIALAMOUNT $122,228.91 $185,483.81 $69,756.93 AMOUNT COLLECTED $23,703.90 $123,167.01 $19,363.54 # OF VIOLATORS 96 87 163 # PAID IN FULL 32 32 46 # ON PAYMENT PLAN 9 12 11 # OF LIENS 55 43 0 # OF NO RESPONSE 89 # DEALING W/ ATTORNEY 2 # ON HOLD POSSIBLE COUNTY FORECLOSURE 15 z O U ❑ z w m U Z Y K a 00 w a. 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RD D U N N All -America Cily ®Meeting ale® November 14, 2017, HV 1989*2013 1989*2813 SUBJECT TITLE: City Manager's Report Presenter: City Manager Neuschafer Department: Administration Attachment: Yes X No Description: City Update Public Hearing Advertisement Date: MOO The City Manager will have an update on current City projects and issues. Human Resources Director Anne Thompson will be giving a brief update from the HR Department. Human Resources Director - Anne Thompson - 11/14/2017 Benefits Administration Maintain employee personnel files Administer Health, Dental, Vision, Life, Supplemental benefits Retiree Insurance Local Government Employee Retirement 401-k and 457 plans Family Medical Leave Recruitment Advertise job openings Accept applications and screen for qualifications Interview and refer qualified applicants Complete background checks, license checks, drug screens, and references Conduct New Employee Orientation Risk Management _ Complete incident report, obtain police report and pictures File liability claims for property damage _ Follow through with department heads, adjusters and claimants until settled Workers Compensation File claims with worker's comp carrier and Industrial Commission Follow up with injured employee to ensure quality care Provide light duty when possible Maintain OSHA Logs Policy Administration _ Develop, write and communicate City personnel policies and procedures Confer with department heads on development and interpretation of policy issues Coordinator Conduct Monthly Safety Inspections for all City buildings/departments - check for violations Conduct Monthly Safety Follow-up Inspections ensuring all violations have been corrected Conduct Safety Steering Committee Meetings Monthly Committee members conduct a departmental safety meeting covering a topic each month Committee reviews any accidents and incidents that occured the previous month Random drug screens (3 per month) Training _ Coordinate Employee Training Programs Fire Extinguisher Training _ Harrassment/Sexual Harrassmen_t_T_raining Diversity Training _ CPR/First Aid Fire Evacuation Plan Worker's Comp Procedures mness nual Wellness Fair nual Flu Shot Clinic Special Events _ _ Annual Employee Appreciation Luncheon Page I Announcements November 14, 2017 City Council Meeting The Dunn Shriners Parade will be held on Saturday, November M 2017 at 11:30 a.m. in Downtown Dunn City of Dunn offices will be closed on Thursday, November 23rd and Friday, November 24th to observe Thanksgiving. ➢ The Christmas Annual Tree Ceremony will be Thursday, November pm. Downtown Lighting held on 3 0th at 6 : 00 Page 12 Announcements November 14, 2017 City Council Meeting The Dunn Christmas Parade will be held on Saturday, December 2nd at 2:00 pm in Downtown Dunn. The next regular City Council Meeting is scheduled for Tuesday, December 12, 2017 g 7:00 pm. DUNN AREA HISTORY MUSEUM, INC. PO BOX 578 DUNN, NORTH CAROLINA 28335 October 19, 2017 City of Dunn PO Box 1065 Dunn, NC 28335 On behalf of the Dunn Area History Museum, Inc., I would like to thank you for your recent gift of $10,000. Our purpose is: 1. To collect and preserve artifacts and other historical materials pertaining to the history, culture and heritage of the Dunn area. 2. To assist and inspire people in the understanding of how the past history of the greater Dunn area influences the present and the future. 3. To provide educational programming and services focused on the history of the Dunn area and people and events that have shaped history. 4. To develop, own and operate a Dunn Area History Museum for the display of exhibits and artifacts owned and loaned to promote the other purposes of the corporation. 5. To raise funds and administer the same to carry out the non-profit purposes of the corporation, including, but not limited to the operation of the Dunn Area History Museum. 6. To develop additional charitable and educational services in furtherance of the purposes of the corporation. 7. Any other activity not inconsistent herewith. As you can see, your contribution will be put to good use and is greatly appreciated. Sincerely, Robert B. Carr President Dunn Area History Museum, Inc. This letter is your official receipt acknowledging your gift to the Dunn Area History Museum, Inc. The Internal Revenue Service requires you to keep this receipt as evidence of your gift if you plan to claim it as a deduction. Value provided in return for this gift amounts to $0.00. Harnett County lia Habitat for Humanity PO Box 2157 - 101 West Harnett Street — Dunn, North Carolina 28335 www.hchfh.com — 910-891-7770 October 11, 2017 Honorable Mayor and Members of Council I would like to thank The City of Dunn for your overwhelming support of Habitat for Humanity of Harnett County. Your involvement and contribution to Habitat for Humanity of Harnett County with the non-profit funding of $5000.00 is greatly appreciated. I hope that we can continue to work as partners volunteering to help build adequate and affordable housing for partner families. Sincerely, U66C Mike Blackmon Executive Director Habitat for Humanity of Harnett County. ` e offer o f and-7AY' -- "Not a hand=autt" HCHFH is a 501(c)(3) corporation --- all gifts are tax deductable CITY OF DUNN ABC BOARD Minutes of Meeting Oct. 17, 2017 The Dunn ABC Board met on Oct. 17, 2017. Present at the meeting: Board Members, Lynn Jernigan, Alice Judd and Dal Snipes, Manager, Robert Parker, who served as Secretary to the Board. City Council Member Buddy Maness did not attend. Mr. Parker presented the minutes of the Sept. 19, 2017 meeting that were approved by the Board. Each Board Member was given a copy of the Sept., 2017 Financial Statements. The Board reviewed the statements noting sales in Sept., 2017 are $12573.44 above last year. Year to date sales are $44086.99 above last year. Mixed Beverage sales are $6122.59 above last year. The Board approved replacing one of the heating & air condition units at store #l. Installation is complete. The schools have been paid for 2017-2018 Alcohol Education Program. The 2016-2017 Financial Audit is complete. Copies given to each Board Member. There was no conflict of interest at this meeting. No other business. The next ABC Board Meeting will be Nov. 21, 2017. With no other business, Lynn Jernigan motioned to adjourn which received a second from Alice Judd. Robert S. Parker )age: 1 )ate: 10/10/17 at 10:33 AM DUNN ABC Income Statement From September 1, 2017 Through September 30, 2017 Last Seq. #: 1109 PTD Post %Sales Budget %Budg YTD Post •======= Sales ==� ==== ZEVENUE .IQUOR SALES - STORE #1 69,995.95 36.8 75,611 92.6 204,385.55 IQUOR SALES - STORE #2 113,822.65 59.8 113,417 100.4 328,285.45 .IQUOR SALES - MIXED BEVE 5,282.00 2.8 8,083 65.3 21,531.85 .IQUOR SALES - MB TAX 1,102.50 0.6 0 N/A 4,411.25 NTEREST EARNED 10.84 0.0 11 98.5 34.66 )THER INCOME 0.00 N/A 1,500 N/A 1,500.00 'otal Sales === Cost of Sales ==== AXES BASED ON SALES 190,213.94 100.0 198,622 95.8 560,148.76 I.C. EXCISE TAX 39,859.00 21.0 41,500 96.0 80,742.00 tEHABILITATION TAX 639.17 0.3 658 97.1 1,286.42 MXED BEVERAGE TAX 881.00 0.5 700 125.9 1,654.00 IIXED B. TAX DEPT HUMAN R 88.13 0.0 75 117.5 165.44 'r TAXES BASED ON SALE 41,467.30 21.8 42,933 96.6 83,847.86 ;OST OF SALES 'URCHASES STORE #1 40,778.52 21.4 43,555 93.6 122,308.90 'URCHASES STORE #2 61,772.79 32.5 65,092 94.9 178,212.57 'RUCK DELIVERY COST 120.00 0.1 240 50.0 720.00 WENTORY ADJUSTMENT -1,124.45 ( 0.6) 0 N/A -4,276.39 otal COST OF SALES 101,546.86 53.4 108,887 93.3 296,965.08 otal Cost of Sales 143,014.16 75.2 151,820 94.2 380,812.94 cross Margin 47,199.78 24.8 46,802 100.8 179,335.82 Expenses XPENSES ,ALARIES - DUNN 25,395.54 13.4 20,833 121.9 69,710.28 'AYROLL TAXES - DUNN 1,942.73 1.0 1,584 122.6 5,332.73 I.C. RETIREMENT FUND 807.15 0.4 1,042 77.5 1,784.10 iROUP INSURANCE 861.68 0.5 1,000 86.2 2,685.04 0 FUND 214.08 0.1 221 96.9 473.22 :A -,,VARIANCES -44.89 0.0 0 N/A -42.93 :REDIT CARD CHARGES 1,570.81 0.8 1,550 101.3 4,787.80 iEPRECIATION 1,318.79 0.7 0 N/A 3,813.03 ;EPAIRS & MAINT. 411.38 0.2 417 98.7 983.49 )age: 2 )ate: 10/10/17 at 10:33 AM =PUTER MAINT. JTILITIES 'ELEPHONE NSURANCE iTORE SUPPLIES 'RAVELEXPENSES-PARKER 'RAVEL EXPENSES - SNIPES 'RAVEL EXPENSES - JERNIGA 'RAVELEXPENSES-JUDD 'RAVEL EXPENSES - OTHER 'RAVEL EXPENSES - MARSHAL .ICENSE & OTHER TAXES )FFICE SUPPLIES )UES & SUBSCRIPTIONS IOARD EXPENSES - SNIPES IOARD EXPENSES - JERNIGAN IOARD EXPENSES - OTHER IOARD EXPENSES - JUDD d ^'�HOL EDUCATION SHRINE kL -_D. DUNN AA GROUP TANK CHARGES AW ENFORCEMENT ;ECURITY .otal Expenses let Income After Taxes DUNN ABC Income Statement From September 1, 2017 Through September 30, 2017 Last Seq. #: 1109 PTD Post %Sales Budget %Budg YTD Post 0.00 N/A 875 N/A 0.00 1.436.22 0.8 1,292 111.2 3,320.68 571.05 0.3 508 112.4 1,589,02 862.45 0.5 875 98.6 2,473.98 229.18 0.1 667 34.4 2,087.66 0.00 N/A 39 N/A 0.00 0.00 N/A 28 N/A 0.00 0.00 N/A 28 N/A 0.00 0.00 N/A 28 N/A 0.00 84.19 0.0 115 73.2 225.55 0.00 N/A 39 N/A 0.00 140.00 0.1 55 254.5 140.00 146,12 0.1 250 58.4 404.92 0.00 N/A 83 N/A 882.00 100.00 0.1 100 100.0 200.00 80.00 0.0 80 100.0 160.00 0.00 N/A 15 N/A 0.00 80.00 0.0 80 100.0 160.00 0.00 N/A 0 N/A 150.00 200.00 0.1 200 100.0 400.00 501.84 0.3 567 88.5 1,596.68 2,000.00 1.1 2,000 100.0 2,000.00 543.85 0.3 525 103.6 543.85 39,452.17 20.7 35,096 112.4 105,761.10 7,747.61 4.1 11,706 66.2 73,574.72 CITY OF DUNN ABC BOARD Minutes of Meeting Sept. 19, 2017 The Dunn ABC Board met on Sept. 19, 2017. Present at the meeting: Board Members, Lynn Jernigan and Alice Judd, Manager, Robert Parker, who served as Secretary to the Board. City Council Member Buddy Maness and Board Member Dal Snipes did not attend. Mr. Parker presented the minutes of the Aug. 22, 2017 meeting that were approved by the Board. Each Board Member was given a copy of the Aug., 2017 Financial Statements. The Board reviewed the statements noting sales in Aug., 2017 are $15294.70 above last year. Year to date sales are $31513.55 above last year. Mixed Beverage sales are $6431.55 above last year. The Board approved replacing one of the heating & air condition units at store #1. The first quarter profit distribution has been made to the City of Dunn. There was no conflict of interest at this meeting. No other business. The next ABC Board Meeting will be Oct. 17, 2017. With no other business, Lynn Jernigan motioned to adjourn which received a second from Alice Judd. Robert S. Parker gage: 1 )ate: 09/13/17 at 10:49 AM DUNN ABC Income Statement From August 1, 2017 Through August 31, 2017 Last Seq. #: 1105 PTD Post %Sales Budget %Budg YTD Post Sales 2EVENUE .IQUOR SALES - STORE #1 67,078.30 36.9 75,611 88.7 134,389.60 .IQUOR SALES - STORE #2 104,833.20 57.6 113,417 92.4 214,462.80 .IQUOR SALES - MIXED BEVE 8,343.00 4.6 8,083 103.2 16,249.85 .IQUOR SALES - MIS TAX 1,762.50 1.0 0 N/A 3,308.75 NTEREST EARNED 11.90 0.0 11 108.2 23.82 ETHER INCOME 0.00 N/A 0 N/A 1,500.00 Total Sales __= Cost of Sales =___ (AXES BASED ON SALES 182,028.90 100.0 197,122 92.3 369,934.82 J.C. EXCISE TAX 40,883.00 22.5 41,500 98.5 40,883.00 2EHABILITATION TAX 647.25 0.4 658 98.4 647.25 JIIXED BEVERAGE TAX 773.00 0.4 700 110.4 773.00 AIXED B. TAX DEPT HUMAN R 77.31 0.0 75 103.1 77.31 F TAXES BASED ON SALE 42,380.56 23.3 42,933 98.7 42,380.56 "OST OF SALES PURCHASES STORE #1 40,796.66 22.4 43,555 93.7 81,530.38 DURCHASES STORE #2 56,997.36 31.3 65,093 87.6 116,439.78 (RUCK DELIVERY COST 360,00 0.2 240 150.0 600.00 NVENTORY ADJUSTMENT -1,801.22 ( 1.0) 0 N/A -3,151.94 Total COST OF SALES 96,352.80 52.9 108,888 88.5 195,418.22 Total Cost of Sales 138,733.36 76.2 151,821 91.4 237,798.78 -ross Margin 43,295.54 23.8 45,301 95.6 132,136.04 Expenses EXPENSES SALARIES - DUNN 20,073.26 11.0 20,833 96.4 44,314.74 PAYROLL TAXES - DUNN 1,535.55 0.8 1,583 97.0 3,390.00 N.C. RETIREMENT FUND 976.95 0.5 1,042 93.8 . 976.95 GROUP INSURANCE 874.21 0.5 1,000 87.4 1,723.36 4` FUND 259.14 0.1 221 117.3 259.14 Cn,ri VARIANCES -49.28 0.0 0 N/A 1.96 CREDIT CARD CHARGES 1,670.69 0.9 1,550 107.8 3,216.99 DEPRECIATION 1,318.79 0.7 0 N/A 2,494.24 REPAIRS & MAINT. 160.00 0.1 416 38.5 572.11 gage: 2 )ate: 09/13/17 at 10:49 AM )OMPUTER MAINT. )TILITIES -ELEPHONE NSURANCE )TORE SUPPLIES 'RAVELEXPENSES-PARKER RAVEL EXPENSES - SNIPES 'RAVEL EXPENSES - JERNIGA 'RAVELEXPENSES-JUDD 'RAVEL EXPENSES - OTHER 'RAVELEXPENSES- MARSHAL ICENSE & OTHER TAXES )FFICE SUPPLIES )LIES & SUBSCRIPTIONS IOARD EXPENSES -SNIPES IOARD EXPENSES-JERNIGAN IOARD EXPENSES - OTHER SOARD EXPENSES - JUDD d'HOL EDUCATION SHRINE & 'D. DUNN AA GROUP LANK CHARGES .otal Expenses DUNN ABC Income Statement From August 1, 2017 Through August 31, 2017 Last Seq. #: 1105 PTD Post %Sales Budget %Budg YTD Post 0.00 N/A 875 N/A 0.00 1,565.70 0.9 1,292 121.2 1,884.46 517.55 0.3 509 101.7 1,017.97 862.45 0.5 875 98.6 1,611.53 833.76 0.5 667 125.0 1,858.48 0.00 N/A 39 N/A 0.00 0.00 N/A 28 N/A 0.00 0.00 N/A 28 N/A 0.00 0.00 N/A 28 N/A 0.00 57.74 0.0 115 50.2 141.36 0.00 N/A 38 N/A 0.00 0.00 N/A 55 N/A 0.00 224.02 0.1 250 89.6 258.80 0.00 N/A 84 N/A 882.00 100.00 0.1 100 100.0 100.00 80.00 0.0 80 100.0 80.00 0.00 N/A 15 N/A 0.00 80.00 0.0 80 100.0 80.00 150.00 0.1 0 N/A 150.00 200.00 0.1 200 100.0 200.00 509.44 0.3 567 89.8 1,094.84 31,999.97 17.6 32,570 98.2 66,308.93 let Income After Taxes 11,295.57 6.2 12,731 88.7 65,827.11 CITY OF DUNN ABC BOARD Minutes of Meeting Aug. 22, 2017 The Dunn ABC Board met on Aug. 22, 2017. Present at the meeting: Board Members, Lynn Jernigan and Alice Judd, Manager, Robert Parker, who served as Secretary to the Board. City Council Member Buddy Maness and Board Member Dal Snipes did not attend. Mr. Parker presented the minutes of the July 18, 2017 meeting that were approved by the Board. Each Board Member was given a copy of the July, 2017 Financial Statements. The Board reviewed the statements noting sales in July, 2017 are $16218.85 above last year. Year to date sales are $16219.85 above last year. Mixed Beverage sales are $2911.50 above last year. The Board was given copies of the 2016 - 2017 budget to actual. Copies attached. The Board approved a 6% paid increase for Dunn ABC employees. Increases have been made. There was no conflict of interest at this meeting. No other business. The next ABC Board Meeting will be Sept. 19, 2017. With no other business, Lynn Jernigan motioned to adjourn which received a second from Alice Judd. j0-/t-- Robert S. Parker ,age: 1 )ate: 08/11/17 at 10:95 AM DUNN ABC Income Statement From July 1, 2017 Through July 31, 2017 Last Seq. #: 1101 PTD Post %Sales Budget %Budg YTD Post ______= Sales =_______ tEVENUE IQUOR SALES - STORE #1 67,311.30 35.8 75,611 89.0 67,311.30 IQUOR SALES - STORE #2 109,629.60 58.3 113,417 96.7 109,629.60 IQUOR SALES - MIXED BEVE 7,906.85 4.2 8,083 97.8 7,906.85 IQUOR SALES - MB TAX 1,546.25 0.8 0 N/A 1,546.25 ITEREST EARNED 11.92 0.0 11 108.4 11.92 )THER INCOME 1,500.00 0.8 0 N/A 1,500.00 'otal Sales __= Cost of Sales =___ AXES BASED ON SALES 187,905.92 100.0 197,122 95.3 187,906.92 I.C. EXCISE TAX 0.00 N/A 41,500 N/A 0.00 ;EHABILITATION TAX 0.00 N/A 658 N/A 0.00 IIXED BEVERAGE TAX 0.00 N/A 700 N/A 0.00 IIXED B. TAX DEPT HUMAN R 0.00 N/A 75 N/A 0.00 -AXES BASED ON SALE 0.00 N/A 42,933 N/A 0.00 ;OST OF SALES URCHASES STORE #1 40,733.72 21.7 43,554 93.5 40,733.72 URCHASES STORE #2 59,442.42 31.6 65,092 91.3 59,442.42 RUCK DELIVERY COST 240.00 0.1 240 100.0 240.00 WENTORY ADJUSTMENT -1,350.72 ( 0.7) 0 N/A -1,350.72 otal COST OF SALES 99,065.42 52.7 108,886 91.0 99,065.42 otal Cost of Sales 99,065.42 52.7 151,819 65.3 99,065.42 cross Margin 88,840.50 47.3 45,303 196.1 88,840.50 _____= Expenses XPENSES ALARIES - DUNN 24,241.48 12.9 20,833 116.4 24,241.48 AYROLL TAXES - DUNN 1,864.45 1.0 1,583 117.1 1,854.45 C. RETIREMENT FUND 0.00 N/A 1,042 N/A 0.00 ;ROUP INSURANCE 849.15 0.5 1,000 84.9 849.15 0 7UND 0.00 N/A 221 N/A 0.00 A,,i'VARIANCES 51.24 0.0 0 N/A 51.24 REDIT CARD CHARGES 1,546.30 0.8 1.550 99.8 1,546.30 EPRECIATION 1,175.45 0.6 0 N/A 1,175.45 EPAIRS & MAINT. 412.11 0.2 417 98.8 412.11 ,age: 2 late: 08/11/17 at 10r,05 AM ;OMPUTER MAINT. ITILITIES 'ELEPHONE ISURANCE ;TORE SUPPLIES 'RAVELEXPENSES- PARKER 'RAVEL EXPENSES - SNIPES 'RAVEL EXPENSES - JERNIGA 'RAVELEXPENSES-JUDD 'RAVELEXPENSES - OTHER 'RAVELEXPENSES- MARSHAL ICENSE & OTHER TAXES )FFICE SUPPLIES )LIES & SUBSCRIPTIONS IOARD EXPENSES - SNIPES IOARD EXPENSES - JERNIGAN IOARD EXPENSES - OTHER IOARD EXPENSES -JUDD d- ED. DUNN AA GROUP t, :CHARGES 'otal Expenses let Income After Taxes DUNN ABC Income Statement From July 1, 2017 Through July 31, 2017 Last Seq. #: 1101 PTD Post %Sales Budget %Budg YTD Post 0.00 N/A 875 N/A 0.00 318.76 0.2 1,291 24.7 318.76 500.42 0.3 508 98.6 500.42 749.08 0.4 875 85.6 749.08 1,024.72 0.5 667 153.6 1,024.72 0.00 N/A 39 N/A 0.00 0.00 N/A 28 N/A 0.00 0.00 N/A 28 N/A 0.00 0.00 N/A 28 N/A 0.00 83.62 0.0 115 72.7 83.62 0.00 N/A 38 N/A 0.00 0.00 N/A 55 N/A 0.00 34.78 0.0 250 13.9 34.78 882.00 0.5 83 1062.7 882.00 0.00 N/A 100 N/A 0.00 0.00 N/A 80 N/A 0.00 0.00 N/A 15 N/A 0.00 0.00 N/A 80 N/A 0.00 0.00 N/A 200 N/A 0.00 585.40 0.3 566 103.4 585.40 34,308.96 18.3 32,567 105.3 34,308.96 54,531.54 29.0 12,736 428.2 54,531.54 0 a w � > m 0 0 Qm CL m a w > m 0 E p C. 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Y CDE W X w ` v v 0 Q o = y m w N Q y O 00 O N N O Q l0 O O O L' o1 = u s F m ^ N 00 m-I 1- W N 3 ci ci s-1 M t N N U W a ® Q O O O co N Ln o 0) O O O O Lr N Lr N ci N 00 m-I to w a bbD Kt a d' 00 ++ D v m O N N N 0 v Z z u a O O O m 0 � U Q � J N ci i X Y m 0 d O 30 m > d l0a 0 H 0 0a m w m iri In m u 'u Al W V a+ E 1 o _u .N 0 N o N 'a O O W 0 w c o �— 0 m z u 6 E s v - ° m 3° s t c o 0 0 0 0 U m U o a lo- 0 0 0 0~ CLOSED SESSION CRITERIA (Specify one or more of the following permitted reasons for closed sessions) Move that we go into closed session in accordance with: [N.C.G.S. 143-318.11(a)(1)] Prevent the disclosure of privileged information I Under the North Carolina General Statutes or regulations. i Under the regulations or laws of the United States. [N.C.G.S. 143-318.11(a)(2)] Prevent the premature disclosure of an honorary award or scholarship [N.C.G.S. 143-318.11(a)(3)] Consult with the Attorney I To protect the attorney -client privilege. i 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).