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Attachments 12-08-2020north carolina uNN city of dunn POST OFFICE BOX 1065 - DUNN, NORTH CAROLINA 28335 (910) 230-3500 ^ FAX (910) 230-3590 www.dunn-nc.org Attachment #1 12-08-2020 PUBLIC NOTICE related to Regular Council Meeting Mayor William P. Elmore Jr. Mayor Pro Tern Chuck Tumage Council Members J. Wesley Sills April Gaulden Frank McLean Billv Tart Dr. David L. Bradham City Manager Steven Neuschafer The public is hereby notified that the City Council of the City of Dunn will hold their regular meeting on Tuesday, December 8, 2020 at 7:00 p.m. in the Council Chambers of the Dunn Municipal Building, 401 E. Broad Street, Dunn, NC. Some members of the Council may participate electronically. SPECIAL NOTICE REGARDING MEETING ACCESS DUE TO STATE OF EMERGENCY In an effort to reduce the spread of Covid-19, in -person access to the Council meeting is limited to a total of25 people to include Council and needed staff. Face Coverings are required by all members of the public entering the Municipal Building. The Council Meeting will be available for live public viewing on Facebook - The City of Dunn, NC page. Public Comment Period - Comments can be called in or emailed to the City Clerk by Monday, December 7, 2020, 1:00 p.m. to be read at the meeting. The person must abide by all rules related to the Public Comment Period, provide name and address and abide by the 3-minute time limit. The person may also call into the meeting to give their comments but they must call the City Clerk to sign up and receive instructions by the above stated time. Public Hearing - Comments can be called in or emailed to the City Clerk by Monday, December 7, 2020, 1:00 p.m. and they will be read at the meeting during the Public Hearing. The call and email should include name, address of the person filing the comments and the Public Hearing that the comments are in reference to. The person may also call into the meeting to give their comments but they must call the City Clerk to sign up and receive instructions by the above stated time. Tammy Williams, CMC City Clerk 910-230-3501 tM]Iiams@dunn-nc.org DUNN All -America City 1 2s3"4re cm1Tzt! ?Jm&ers IgSq*29i3 ® e north Carolina UNN City of 2,11Wre cmnmun ql ma&t KF I R2020-24 (Attach #2) 12-0s-2020 OF THE CITY OF DUNN CITY COUNCIL EXPRESSING APPRECIATION TO OSCAR DALE JOHNSON UPON HIS RETIREMENT WHEREAS, Oscar Dale Johnson retires on January 1, 2021 as Wastewater Treatment Plant Operations Specialist with the Public Utilities Department with more than 36 years of service; and WHEREAS, Dale began his career on July 2, 1984 as the Plant Operations Specialist, where he has served until his retirement; and WHEREAS, Dale has proven himself to be a dedicated and efficient public servant who has gained the admiration and respect of his fellow workers and the citizens of the City of Dunn; and WHEREAS, Dale has worked faithfully and diligently; one that you could depend upon to do whatever it took to get the job done; and WHEREAS, the Mayor and City Council of the City of Dunn are desirous on behalf of themselves, other City officials and employees, as well as the residents of the City of Dunn, of expressing to Dale Johnson their deep appreciation and gratitude for the service rendered by him to the City over the past 36 years. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council that we offer Dale our very best wishes for success, happiness, prosperity and good health in his future endeavors. This Resolution shall be incorporated into the official Minutes of the City of Dunn, and shall be in full force and effect from and after this 8`1 day of December, 2020. William P. Elmore, Jr. Mayor Attest: Tammy Williams, CMC City Clerk CITY OF DUNN REQUEST FOR BUDGET REVISION FISCAL YEAR ENDING 6/30/2021 BA2021-11(Attach #3) 12-08-2020 Department: Police Budget Amendment#: BA2021-11 Date: FUND LINE ITEM DESCRIPTION Appropriation Before Amendment Amount of Amendment Increase/Decrease General Fund 10-510-1400 Travel & Training $ 11,000.00 $ 5,000.00 FUND LINE ITEM DESCRIPTION Appropriation Before Amendment Amount of Amendment Increase/Decrease General Fund 10-500-5700 Miscellaneous $ 28,950.00 $ (5,000,00) $ 23,950.00 Ia requested budget amendment was approved bAe Cjty PoyIncil on: Date: 12/8/2020 Finance Director: use of non -lethal weaponary and this funding is to allow our staff to take the course to train our officers to be trainers in the use of these munitions. It also provides funding for the purchase of equipment and shells used in the field as well as during training. FUNDING SOURCE: Funding for this training and purchases will come from the general purpose miscellaneous account. CITY OF DUNN REQUEST FOR BUDGET REVISION FISCAL YEAR ENDING 6/30/20i, BA2021-12 (Attach #4) 12-08-2020 Department: Library and Public Utilities Budget Amendment#: BA2021-12 Date: 12/8/2020 FUND LINE ITEM DESCRIPTION Appropriation Before Amendment Amount of Amendment Increase/Decrease Appropriation After Amendment General Fund 10-630-0200 Salary & Wages $ 121,800.00 $ 23,400.00 $ 145,200.00 Water Sewer Fund 30-710-0200 Salary &Wages $ 161,000.00 $ 21,450.00 $ 182,450.00 'Art,W]I Uwe IUTAL $ 2u2,8U0.U0 $ 44,850,00 $ 327,650.00 FUND LINE ITEM DESCRIPTION Appropriation Before Amendment Amount of Amendment Increase/Decrease Appropriation After Amendment General Fund 10-299-0000 Fund Balance $ 3,305,355.00 $ (23,400.00) $ 3,281,956.00 Water Sewer Fund 30-390-4000 Fund Balance $ 329,490.00 $ (21,450.00) $ 308,040.00 I certify this requested budget amendment was on: Date: 12/8/2020 Date: 12/8/2020 expense reductions. Since March, our Ad Velorum Taxes and our Sales Taxes have remained in excess of budgeted amounts. Due to these amounts funding is available to replace these critical positions. SOURCE: Funding for these positions will come from the Fund Balance in both the General and Water and Sewer Funds. Due to budgets, we expect to replace this funding with extra income from tax revenues. The total from Fund Balances is in the amount of $44,850. 02020-26 o8-202(Atta t2- 0ch #5> city of dune FOR REGISTRATION Matthew S. Willis REGISTER OF DEEDS Harnett Count NC 2020 DEC 15 04:4d:28 PM 6K:3910 PG:673-675 FEE:$26.00 INSTRUMENT # 2020023513 TWESTER IIIIIIIIII���aNl�l POST OFFICE BOX 1065 - DUNN, NORTH CAROLINA 28335 (910) 230-3500 ® FAX (910) 230-3590 www.dunn-nc.org Mayor William P. Elmore Jr. Mayor Pro Tern Chuck Turnage Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy N. Tart Dr. David L. Bradham City Manager Steven Neuschaler AN ORDINANCE DIRECTING THE BUILDING INSPECTOR TO REMOVE OR DEMOLISH THE PROPERTY HEREIN DESCRIBED AS AN UNSAFE BUILDING CONDEMNED PURSUANT TO N.C.G.S. §160A-426, ET SEQ. WHEREAS, that on September 14th, 2020, the Building Inspector for the City of Dunn sent a notice to Specialized IRA Service FBO and John Leggett IRA C/O Alberta Peoples, the owner(s) of record of the structure located at 1014 E. Edgerton St. noting that the structure is in a condition that constitutes a fire and safety hazard, and is dangerous to life, health and property and were thereby condemned, pursuant to North Carolina General Statute §160A-426, and noticed the property owner of a hearing on September 21s', 2020 at the office of the Building Inspector located at 102 North Powell Ave., Dunn, North Carolina pursuant to North Carolina General Statute §160A-428; and WHEREAS, on September 21st, 2020 a hearing was conducted by the Building Inspector Slater Johnson in which Alberta Peoples attended. Following the completion of the hearing, the 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 November 21st, 2020; and Wtt LVf Y i 4fL8.L/LSi7fia&9rS WHEREAS, the owner of the above described structure did not appeal the Order of the Building Inspector within the ten (10) day time period prescribed in North Carolina General Statute §160A-430 and such Order is therefore a final Order; and WHEREAS, on November 271h, 2020 and December 1s1, 2020, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on December 8`h, 2020 to consider the adoption of this Ordinance, directing that the 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, the structure should be removed or demolished, as directed by the Chief Building Inspector, and is an unsafe building condemned as set forth in North Carolina General Statute § 160A-426 and constitutes a fire and safety hazard; and WHEREAS, the owner of the structure has been given a reasonable opportunity to repair or demolish the structure pursuant to an Order issued by the Building Inspector on September 22 a 2020 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 structure 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 structure at the following address: 1014 E. Edgerton St. Dunn, NC 28334 PIN #: 1516-95-6297.000 PID #:02152608020025 Section 2. The 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 22nd day of September, 2020 and in accordance with North Carolina General Statute §160A-432, based on the owner's failure to comply with such Order. Section 3. (a) The cost of removal or demolition shall constitute a lien against the real property upon which the cost was incurred. The lien shall be filed in the office of the City Tax Collector, and shall have the same priority and be collected in the same manner as the lien for special assessments in Article 10 of Chapter 160A of the North Carolina General Statutes, and such costs shall also be lien against any other real property owned by the owner of the property within the City of Dunn, North Carolina, or within one (1) mile of the City of Dunn city limits, except for the property owner's primary residence. (b) Upon completion of the required removal or demolition, the Building Inspector shall sell the useable materials of the structure and any personal property, fixtures, or appurtenances found in the building and credit the proceeds against the cost of removal or demolition. The Building Inspector shall certify the remaining balance to the Tax Collector. If a surplus remains after sale of the materials and satisfaction of the cost of removal or demolition, the Building Inspector shall deposit the surplus with the Harnett County Clerk of Superior Court where it shall be secured in the manner provided by North Carolina General Statute § 160A-432. Section 4. It shall be unlawful for any person to remove or cause to be removed the placard from any building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the occupancy of any building therein declared to be unfit for human habitation. Section 5. This ordinance shall become effective upon its adoption. Adopted this 8' day of December, 2020. ®\\\vanerr®r ` e�G11Y OFF° JORPORgTF . SEA1- rrr.........\\� City Clerk William P. Elmore, Jr. Mayor FOR REGISTRATION Matthew S. Willis REGISTER OF DEEDS Harnett Countyy NC 2020 DEC 15 04:4d:28 PM BK:3910 PG:676-678 EE:INSTRUMENT$#62020023514 TWESTER 02D20-27 (Attach #6) 12-08-2020 fi I ^Tia\vkN wu-`AflIS`vNiYLYih'SL Ok 61" city of dunn. POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3500 < FAX (910) 230-3590 wW W.dunn-nc.or- Mayor William P. Ehnore Jr. Mayor Pro Tem Chuck Tonnage Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy N. Tart Dr. David L. Bradham City Manager Steven Neuschafer AN ORDINANCE DIRECTING THE BUILDING INSPECTOR TO REMOVE OR DEMOLISH THE PROPERTY HEREIN DESCRIBED AS AN UNSAFE BUILDING CONDEMNED PURSUANT TO N.C.G.S. §160A-426, ET SEQ. WHEREAS, that on September 3rd1 2020, the Building Inspector for the City of Dunn sent a notice to James R Levinson, the owner(s) of record of the structure located at 1008 E. Harnett St. noting that the structure is in a condition that constitutes a fire and safety hazard, and is dangerous to life, health and property and were thereby condemned, pursuant to North Carolina General Statute §160A-426, and noticed the property owner of a hearing on September 9th, 2020 at the office of the Building Inspector located at 102 North Powell Ave., Dunn, North Carolina pursuant to North Carolina General Statute §160A-428; and WHEREAS, on September 8th, 2020 a hearing was conducted by the Building Inspector Slater Johnson on site with Randal Durham and Tony Woodard, following the completion of the hearing, the 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 November 13th, 2020; and DUNN bcad AIFRmerica City 1 2T4re c ;7Z ff art nr 1999 * 20 B WHEREAS, the owner of the above described structure did not appeal the Order of the Building Inspector within the ten (10) day time period prescribed in North Carolina General Statute § 160A-430 and such Order is therefore a final Order; and WHEREAS, on November 27a', 2020 and December 1', 2020, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on December 8�, 2020 to consider the adoption of this Ordinance, directing that the 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, the structure should be removed or demolished, as directed by the Chief Building Inspector, and is an unsafe building condemned as set forth in North Carolina General Statute § 160A-426 and constitutes a fire and safety hazard; and WHEREAS, the owner of the structure has been given a reasonable opportunity to repair or demolish the structure pursuant to an Order issued by the Building Inspector on September 10, 2020 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 structure 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 structure at the following address: 1008 E. Harnett St. Dunn, NC 28334 PIN #:1516-95-8642.000 PID 9:02152608010021 Section 2. The 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 14' day of September, 2020 and in accordance with North Carolina General Statute § 160A-432, based on the owner's failure to comply with such Order. Section 3. (a) The cost of removal or demolition shall constitute a lien against the real property upon which the cost was incurred. The lien shall be filed in the office of the City Tax Collector, and shall have the same priority and be collected in the same manner as the lien for special assessments in Article 10 of Chapter 160A of the North Carolina General Statutes, and such costs shall also be lien against any other real property owned by the owner of the property within the City of Dunn, North Carolina, or within one (1) mile of the City of Dunn city limits, except for the property owner's primary residence. (b) Upon completion of the required removal or demolition, the Building Inspector shall sell the useable materials of the structure and any personal property, fixtures, or appurtenances found in the building and credit the proceeds against the cost of removal or demolition. The Building Inspector shall certify the remaining balance to the Tax Collector. If a surplus remains after sale of the materials and satisfaction of the cost of removal or demolition, the Building Inspector shall deposit the surplus with the Harnett County Clerk of Superior Court where it shall be secured in the manner provided by North Carolina General Statute § 160A-432. Section 4. It shall be unlawful for any person to remove or cause to be removed the placard from any building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the occupancy of any building therein declared to be unfit for human habitation. Section 5. This ordinance shall become effective upon its adoption. Adopted this 8' day of December, 2020. William P. Elmor , Jr. Mayor ®mesa ea a®a®®a® G�(I 0 F DG�Vit Q�p0RArF :o Attest: gEP� �= 2e Tammy Willia�s, CM City Clerk FOR REGISTRATION REGISiERS6FWDEEOS Harnett Count NC 208K 30101 PG 67B 680 PM FEE:$26.00 INSTRUMENT #.2020023515 TWESTER 02020-28(Attach #7) 12-08-2020 ® north carolinaLW-UUNN E1000. city of dunn POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3500 • FAX (910) 230-3590 www.dunn-nc.org Mayor William P. Elmore Jr. Mayor Pro Tern Chuck Tumage Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy N. Tart Dr. David L. Bradham City Manager Steven Neuschafer AN ORDINANCE DECLARING THE PROPERTY HEREIN DESCRIBED AS UNFIT FOR HUMAN HABITATION PURSUANT TO N.C.G.S. §160A-443, ET SEQ. WHEREAS, that on July 9, 2020 the Building Inspector for the City of Dunn sent a notice to Teresa Parker the owners of record of the property located at 609 S. Sampson Ave. that the property was in a condition that does not meet the requirements of the City of Dunn Minimum Housing Code and served on the property owner of Complaint and Notice of Hearing, that a hearing would be held on July 24, 2020, at the office of the Building Inspector located at 102 North Powell Ave., Dunn, North Carolina pursuant to North Carolina General Statute § 160A-443, et seq.; and WHEREAS, on July 24, 2020, attending the hearing was Teresa Parker, Terry Wood and Code Enforcement Officer, Dwayne Williams, and following the completion of the hearing, the Building Inspector entered an Order, pursuant to North Carolina General Statute § 160A-443, declaring that the property referenced above was deteriorated pursuant to the City of Dunn Minimum Housing Code and ordering the property owner to bring the property into compliance with the City of Dunn Minimum Housing Code within ninety (90) days of the date of such Order, being November 1, 2020 and if necessary, that the property be vacated until the repairs, alterations and improvements to the property were made to bring such property into compliance with the City of Dunn Minimum Housing Code as set forth in Article VII of the Dunn City Code; and WHEREAS, the owner of the above described property did not appeal the Order of the Chief Building Inspector within the ten (10) day time period prescribed in Section 4-186 of the Dunn City Code such Order is therefore a final Order: and DUNN btftd All -America Gilt' III1 ► w4ere C rrff ers 1989 *2013 WHEREAS, on November 27, 2020 and December 1, 2020, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on December 8, 2020 to consider the adoption of this Ordinance, directing the Chief Building Inspector to post on the main entrance of the property a placard that states: This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful;." and WHEREAS, the City Council of the City of Dunn, NC finds that the property described herein is unfit for human habitation and that the Chief Building Inspector shall post the main entrance of such property with the placard provided for herein; and WHEREAS, the owner of this property has been given a reasonable opportunity to repair the property pursuant to an Order issued by the Chief Building Inspector on August 3, 2020, and the owner has failed to comply with the Order; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dunn, North Carolina, that Section 1. The Building Inspector is hereby authorized and directed to place a placard on the main entrance of the building located on the property described herein, containing the legend: "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful." on the structure located at the following address: 609 S. Sampson Ave. Dunn, NC 28334 PIN #: 1516-73-9892.000 PARCEL ID#: 02151612170013 Section 2. It shall be unlawful for any person to remove or cause to be removed the placard from any building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the occupancy of any building therein declared to be unfit for human habitation. Occupation of the building once posted with said placard shall be Class 1 misdemeanor pursuant to North Carolina General Statute § 160A-443. Section 3. This ordinance shall become effective upon its adoption. Section 4. If the owner of the property described herein has not repaired, altered or improved the property to bring it into compliance with Section 4-31 of the Dunn City Code within twelve (12) months of the adoption of this Ordinance, the Building Inspector is directed to bring the matter back before the City Council for further consideration of remedies available to the City of Dunn under North Carolina General Statute § 160A-443. Adopted this the S' day of December, 2020 ? I �C,1TY Op',,. William P. Elmore, Jr. a?•'' OG Mayor Attest: - :•'GORPO •��s �,r, = Z: SEAL ::� Tammy William�"FMC '° dy C'AB®':•``' �+aa+t sane City Clerk