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Agenda 05-11-2021city of duon Call to Order— Mayor William P. Elmore, Jr. Invocation — Rev. Len Keever Pledge of Allegiance 1) Adjustment and Approval of the May 11, 2021 meeting agenda PRESENTATIONS 2) New Employee Introductions Dunn City Council Regular Meeting Tuesday, May 11, 2021 7:00 p.m., Dunn Municipal Building PUBLIC COMMENT PERIOD 3) Each Speaker is asked to limit comments to 3 minutes and they must sign up on sheet available on the podium within the Council Chambers prior to the start of the meeting. Total comment period limited to 30 minutes. CONSENT ITEMS 4) Minutes —April 13, 2021 5) Temporary Blocking of Streets — First Presbyterian Church 6) Temporary Blocking of Streets — Harnett St 7) Temporary Blocking of Streets — Wilkins Cemetery Community Committee 8) Temporary Blocking of Alley — Stewart Theatre 9) Budget Amendment — Lakeshore Drive Waterline Replacement Project ITEMS FOR DISCUSSION AND/OR DECISION 10) Consideration of 195/140 Crossroads of America Economic Planning Alliance MOU a) Public Hearing b) Decision 11) Consideration of Conditional Use Request— CUP-02-21 to allow for RV Park/Campground a) Public Hearing b) Decision 12) Consideration of Ordinance to Demolish —405 N Elm Ave a) Public Hearing b) Decision 13) Consideration of Ordinance to deem property Unfit for Human Habitation — 119 E Broad St a) Public Hearing b) Decision 14) Consideration of Ordinance to deem property Unfit for Human Habitation— 100 W Edgerton St a) Public Hearing b) Decision 16) Consideration of Resolution Fixing Date of Public Hearing for Voluntary Annexation Petition ANX-01-21; 1001 Susan Tart Rd and parcels on Bruce Dr 16) Consideration of Solid Waste Contract Extension 17) Consideration of Landscape Maintenance Contract Extension 18) Advisory Board Appointments 19) Council Goals/Reports 20) Administrative Reports a) City Manager's Report b) Financial Report/Assessment Update c) Department Reports Communications/Public Information Public Works/Public Utilities Parks & Recreation Library Planning & Inspections Police 21) Announcements 22) Information 23) Closed Session - If 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" REEMMERLHUM Recommendation: Motion to adopt the May 11, 2021 meeting agenda as presented Or Motion to adopt the May 11, 2021 meeting agenda as presented with the following changes: Additions: (Assign Number on the Agenda such as 14a) Removal of the following item(s): Move Item of Business from one section to another section (such as moving Item from Consent Items to Items for Discussion and/or Decision) rr D All -America 1 3t Council1f city Agenda Meeting :' SUBJECT TITLE: New Employee Introductions Presenter: City Manager13 \ Public1Advertisement Date:I PURPOSE: Police Mitchell D. Ashley — Police Officer I Chase B. Serlick — Police Officer I BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: 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. Recommendation: Motion to approve all Consent Items as presented. D, ,L;m � WM D U"' t N"" " N'" &&a ✓ n City Council Agenda Form M 2 Meeting a µi SUBJECT TITLE: Minutes — April 13, 2021 Attachment: X Yes No i Description: Draft Minutes Hearing13 Public Advertisement Date: PURPOSE: BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Motion to approve the Minutes as presented. Dunn City Council Regular Meeting Tuesday, April 13, 2021 7:00 p.m., Dunn Municipal Building Minutes PRESENT: Mayor Pro Tem Dr. David L. Bradham, Council Members J. Wesley Sills, April Gaulden, Frank McLean, Billy N. Tart, and Chuck Turnage. Absent: Mayor William P. Elmore Jr. Notice, relating to the Special Meeting Conditions, is incorporated into these minutes as Attachment #1. Also present: City Manager Steven Neuschafer, Assistant City Manager Mathew Boohe, Finance Director Jim Roberts, Public Utilities Director Heather Adams, Public Works Director Vince Washington; Planning Director George Adler, Chief Building Inspector Steven King, Chief of Police Clark White, Parks and Recreation Director Brian McNeill, Human Resources Director Anne Thompson, Librarian Mike Williams, Executive Assistant Connie Jernigan, Communications Coordinator Kaitlin Adkins, CityAttorney Tilghman Pope, and City Clerk Tammy Willians. CALL TO ORDER AND INVOCATION Mayor Pro Tern Bradham opened the meeting at 7:00 p.m. Baptist Church gave the invocation. Afterwards, Council Mem AGENDA ADJUSTMENT AND APPROVAL Motion by Council Member Turnage and second by Council agenda as presented with the following adjustment: Add item #26A for discussion and/or decision • Consideration of Resolution Directing the 1001 Susan Tart Rd and parcels on western Motion unanimously approved. PUBLIC COMMENT PERIOD The Public Comment Period was o • Joy Williams, Co -President of the Wilkins Cemetery anytjm June 19 to remember the free with the Harnett Co Africari`Ai • Rodney Lanierrequostedthat at the Westhaven'subdivision, With no additional comments, flip CONSENT ITEMS • Minutes of'tteMarch 9, 2021 • National Library -Week Procla as Attach men t #2 I Ray, Pastor'at'M 1 in the Pledge of A] to adopt the April Zion Missionary 2021 meeting AuntacyAnnekation Petition ANX-01-21 - owned bySusan Tart Property, LLC. hed'by Mayor Pro Tem Bradham at 7:05 p.m. 'ilkips`.'Cemetery Community Committee, invited the Council to tour and view She also requested theit.attendance at the Memorial Day event to be held on m of'slaves from the injustice of slavery. This event will be held in conjunction dealing with the flooding and storm drainage issues was closed. Council Meeting on. A copy of the Proclamation (P2021-03) is incorporated into these minutes • Temporary Bloclong_of Streefs - Wedding Party • Temporary Blocking of'Streets - Dunn Shriners Car Show • Budget Amendment - loans. A copy of the Budget Amendment (BA2021-17) is incorporated into these minutes asAttachment #3. • Budget Amendment - Solid Waste Study. A copy of the Budget Amendment (BA2021-18) is incorporated into these minutes as Attachment #4. • Proposed Summer Hours Motion by Council Member Tart and second by Council Member Gaulden to approve all consent items. Motion unanimously approved. ITEMS FOR DISCUSSION AND/OR DECISION Rezoning RZ-03-21; 600 W Broad St Planning Director Adler presented request to rezone one parcel totaling .21 acres +/- located at 600 West Broad Street. The parcel is currently zoned 0&I, Office & Institutional District and proposed to be rezoned to C-4, Neighborhood Business District. He reviewed the justifications for the rezoning. The Planning Board met on February 23, 2021 and voted unanimously to approve this request. Mayor Pro Tern Bradham opened the Public Hearing at 7:14 p.m. With no comments, the Public Hearing was closed. Motion by Council Member Turnage and second by Council Member Sills to approve the request to rezone a parcel of land totaling 0.21+ j- acres, located at 600 West Broad Street from 0&1, Office & Institutional District to C-4, Neighborhood Business District based on the following justifications: 1. C-4 rezoning at the corner of Broad and Ellis is consistent with the expected intensity of development anticipated in the 2030 Future Land Use Plan for this neighborhood near thedowntown. 2. The potential uses in C-4 are limited and small scale. The rezoning reuuest.is reasonable given the current conditions of the built environment in the surrounding area. 3. The parcel is on a busy corner with a steady flow of traffic. A beauty so on, bat bershop, or bakery will provide services for both passing traffic and those living and working:;in the immediate, neighborhood. Available parking appears adequate for these types of uses. This rezoninglas the potential to'add.welcome amenities to the area. Motion unanimously approved. Conditional Use CUP-01-21; 105 E Broad St Mayor Pro TernBradham opened the Public Hearing at 7:16 p m and.yielded to„City Attorney Pope to handle the proceedings for the conditional use request. Council Member Tart recused himself due to conflict of interest and thole,were no objections. (City Attorney Pope's script is transcribed in italics.) The next matter is Case #CUP-01-21, a request by BNT. Investments,_ LLC, for a Conditional Use Permit to allow for a banquet hall and event venue as a conditional use of a property zoned:C-1, Cenyr'al Commercial District. The hearing on this matter is judicial in nature and will be conducted in accordance with special due process safeguards. All persons who wish to testifyin this case, please approach the podium to be sworn in orgiveyour affirmation. City Attorney Pope administered oath to G,e'orge Adler, Planning Director. In this hearing, we will first i earTool City Planning Director George Adler, then from the applicant and their witnesses, and then from.oppone,hts to'the, request:, Parties may cross-examine witnesses after the witness testifies when questions are"balled for„Ifyou tivant the Council to see written evidence, such as reports, maps, or exhibits, the witness who i§familiar with the evidence should ask that it be introduced during or at the end of his or her testimony. We cannota'ccept reports orstate nents froth persons who are not hereto testify. No attorneys are present. Testimony front, the Planning Director I now open the hearing on Case #CUP.-01-21 Conditional Use Permit Application and ask for testimony from the City Planning Director. . Planning Director Adler'",Thank you very much. I'd like to enter into evidence the staff report that has been submitted" So received. Adler: "And drawing from the staff report, the use requested, which is banquet hall and event venue is listed among the conditional uses in Dunn City Code at Section 22-461. Permitting this space to function as a venue will offer a desirable public convenience that will draw visitors to the central commercial district and add to the public welfare. An event venue will not negatively impact the integrity or the character of the central commercial district. Allowing this space to function as a venue will not be detrimental to the health, morals, or welfare of the city's residents or visitors. The Future Land Use Map identifies 105 E Broad as commercial. Permitting this property to function as a venue conforms with that zoning. All utilities and other necessary facilities are in place currently or are being provided. This conditional use will have no impact on impervious surfaces or storm drainage. Are there any questions?" Any questions from the council for the planning director?Any questions from anyone else that's been sworn to provide testimony of the planning director. To Planning Director Adler, Thankyou sir. We will now hearfrom the applicant and other proponents for the request of the conditional use permit Hearing none and seeing none, we will now hearfrom people opposing the request. Hearing none and seeing none, we will now entertain any further questions from the,,City Council members for the applicant proponents or opponents at this time. Once the public hearing is closed, the mil questions that you may ask shall be for clarification. No new evidence can be introduced after the Public,Hearing is closed. Does anyone on the council have any questions for the planning director or applicant? Any conditions the Council would like to place upon the use of the land by, the applieant, must be agreed on by the applicant. So if any Council Member has a requestfor a condition, you/should state at this time so that the applicant can be asked if they voluntarily agree to accept that condition. Do, l,he'ar any conditions that tl e,council wishes to ask the applicant to consider? Hearing none and seeing none, it would be appropriate to entertain,"d:motion to close the public hearing Mr. Mayor Pro Tem. Motion by Council Member Sills and second by Council Membee;Turnage t('close the public;hearing. Motion unanimously approved. Motion by Council Member Gaulden and secoud;by.Council Member McLean to grant the conditional use as an event venue to 105 E Broad Street based on the applicatiop, the evidence submitted„and the following findings of fact: 1. The use requested is listed among the condition use requested —banquet hall & event venue (i.e., in the Dunn City Code at Section;22-461(6)(m). 2. The requested use is essential or: desirable to th spaces downtown for weddings, parties, etc. Per public convenience that:wA draw visitors to the 3. The requested use`will not impair the>integrity detrimental to the health morals or welvfare,,A: character of. the central comet' 'ercial district A frequently iri the `evehinjz or oh. weekends, a businesses. Off-streetparlcng is 'i Allowing this space to function as a residents or visitors. 4. The requested use will be m confon in 2005, identifies 105 E Broad„i(or conforms with that zoning for which the application is made. The is listed among the conditional uses ° public convenience or welfare. There are only a few event nitting this space to function as a venue will offer a desirable :entral commercial district and add to the public welfare. )r character of the surrounding or adjoining districts, nor be i event:venue will not negatively impact the integrity or the ny increase in traffic or need for parking will be periodic, al' will have minimal negative impact to the surrounding for developments in the C-1, Central Commercial District. ,t be detrimental to the health, morals, or welfare of the city's itywth the land development plan. The Future Land Use Map, completed page 86) as commercial. Permitting this property to function as a venue S. Adequate utihties;;access roads, drainage, sanitation, and other necessary facilities have been or are being provided. The structure adjoins buildings on either side and has existing impervious surfaces in front and back, so this conditional use will have no impact on impervious surfaces or storm drainage. The parcel fronts on Broad Street and has`a rear door allowing access from behind the building. The dumpster for the building is located in the service/ delivery/parking area behind the building and appears to be shared by several of the buildings in that block of Broad Street. Motion unanimously approved. A copy of the evidence submitted is incorporated into these minutes as Attachment #S. CDBG Relocation Skip Green presented, for Council's consideration, a CDBG project amendment to allow for acquisition and relocation activities and the addition of 106 E Surles St as a project activity. The City has been unable to treat the severely deteriorated housing situation at 411 N Magnolia Avenue through substantial rehabilitation or reconstruction activities. To treat the housing needs of the owner -occupied house (7 residents), this amendment will need to be added to the CDBG project's scope of activities and the budget amended to enable activities to occur. Since the City, using CDBG funds, cannot provide the owner/occupants a safe/standard dwelling through rehabilitation or reconstruction activities, the City will consider acquiring 411 N Magnolia Avenue and then provide assistance to the owners to be relocated to a safe and standard dwelling. At this time, the City has located a newly renovated comparable house at 503 E Carr Street, in close proximity to the current house. The Carr Street property owner desires to develop 411 N Magnolia Avenue into a residential property for sale, if the City as the agent for the CDBG project, acquires it and removes a partial building (storage shed). In consideration of acquiring the 411 N Magnolia Avenue property at no charge, the 411 N Magnolia Avenue owners currently can acquire 503 E Carr St for approximately $123,000. Moving, recording, and other associated costs are eligible for CDBG payments. This amendment will also add 106 E Surles St to the City's CDBG-NR program to include the clearance of this property and the reconstruction of the removed house. Mayor Pro Tem Bradham opened the Public Hearing at 7:33 p.m. With no comments, the Public Hearing was closed. _ After discussion and clarifications, motion by Council Member Gaulden and secondby Council Member McLean to approve the submittal of a formal project amendment to the State for review and approval as presented. Motion unanimously approved. Ordinance to Demolish - 402 E Pope St Chief Building Inspector King presented consideration of Ordlnaa Hearing was advertised on March 30 and April 6, 202,1. Build inspection and based upon his observations, the structure is unsi G.S. §160A-426. The Building Inspector also found the structure public safety and a nuisance in violation of G.S. §160A-193. King years with no improvements. to Demolish House - 402'E'Pope St. The Public Mayor Pro Tem Bradham opened the Public Hearing at 7;35 pm, Julia additional two months to allow her sufficient timo.to re oye:hcr additional comments, the Public Hearing was closed ',', Discussion followed remove items from t Motion by Council Mi Building Inspector to 3450.000. Motion on; as Attachment:#6. Ordinanceto Demolish - 4081 Chief Bdildipg, Inspector King Or The Public Hearing was adver conducted aninspection and condemned in accordance with prejudicial to the publie,health i improvements have bee n,made , structures on the vrooerty if the ordinance is or Slater Johnson has conducted an been condemned in accordance with or prejudicial to the public health or the house has been vacant for many sr of the property, requested an storage at the house. With no owner will have at least sixty days to and second by Council Member Turnage to adopt the ordinance directing the ith the:; demolition of the ,dwelling located at 402 E Pope St, PIN #:1516-65- approved. A Copy.'bf thg,=Ordinance (02021-05) is incorporated into these minutes ?ape ;tinted consideration of Ordinance to Demolish Two Structures - 408 E Pope St. sed on March 30 and April 6, 2021. Building Inspector Slater Johnson has rsed upon his observations, the two structures are unsafe and have been &;:§160A-426. The Building Inspector also found the structures dangerous or public safety and a nuisance in violation of G.S. §160A-193. King added that no ith the sixty days running out. He clarified that the ordinance is to demolish both Mayor Pro Tem Bradham<apened the Public Hearing at 7:46 p.m. Alisha Radcliffe, spoke on behalf of her mother, Judy Utley, requesting additional time for the family to remove personal belongings from the building used for storage. With no additional comments, the public hearing was closed. Motion by Council Member Turnage and second by Council Member Gaulden to adopt the ordinance directing the Building Inspector to proceed with the demolition of the two structures located at 408 E Pope St, PIN #:1516-65- 4370.000. Motion unanimously approved. A copy of the Ordinance (02021-06) is incorporated into these minutes as Attachment #7. Ordinance to Deem Property Unfit for Human Habitation -102 Short St Chief Building Inspector King presented consideration of Ordinance to deem property Unfit for Human Habitation -102 Short St. The Public Hearing was advertised on March 30 and April 6, 2021. Building Inspector Dwayne Williams has conducted an inspection and found the structure in a deteriorated condition that does not meet the requirements of the City of Dunn's Minimum Housing Code. The Chief Building Inspector also found the property dangerous or prejudicial to the public health or public safety and a nuisance in violation of N.C.G.S. §160A-193. King added that Inspections received a complaint for a minimum housing inspection. The owner is aware this is before council and, if passed, tenants will have to move out. He is having issues getting in to make repairs due to tenants. He will be allowed one year to make repairs, which he is planning on completing. Mayor Pro Tern Bradham opened the Public Hearing at 7:52 p.m. With no comments, the Public Hearing was closed. After discussion, motion by Council Member Tart and second by Council Member'Turnage to adopt the ordinance directing the Chief Building Inspector to post the property Unfit for Human; Habitation at 102 Short St, PIN #: 1516-35-1312.000. Motion unanimously approved. A copy of the Ordinance (2021<07) is incorporated into these minutes as Attachment #8. Ordinance to Deem Property Unfit for Human Habitation -1007 S McKay Ave Chief Building Inspector King presented consideration of Ordinance to deem property Unfit,f ir,Human Habitation -1007 S McKay St. The Public Hearing was advertised on March,30 and April 6, 2021. Building Inspector Dwayne Williams has conducted an inspection and,i'ound the structure tifa deteriorated condition that does not meet the requirements of the City of Dunn s:Min inum Housing Code. The Chief Building Inspector also found the property dangerous or prejudicial to the public, health or public safety and a nuisance in violation of N.C.G.S. §160A-193. King added that:this is the same owner, with the same scenario as 102 Short St. The owner has started making progress on the exterlor of this house. Mayor Pro Tem Bradham opened the Public Hearing at '7 54;p,m, With no comments, the Public Hearing was closed. z` Motion by Council Member Gaulden and; second by Council Member McLean to adopt the ordinance directing the Chief Building Inspector to;post the property Unfit for'Human Habitation at 1007 S McKay St, PIN #:1516-35- 1312.000. Motion unanimously approyel. A copy of the Ordinance (02021-08) is incorporated into these minutes as Attachment #9. NCDOT Utility Construction AgreementProject l'5878,:: Utilities Director Adams 1presented Utiiity Construction Agreement with NCDOT for consideration. As part of the 195 widening project, NCD,OTts,paying torelocate and replace the City's water and sewer lines that are in conflict with their.'widening project.:This agree ment,wili;,allow the City to take advantage of cost savings under DOT's design build:contract. This ts:a;N,CDOT design/build project and payment will be due at the completion of the highway project. The City's estimated porticu`of the project is $260,498. This amount of funding will be budgeted in the 2021-2022 fiscal year and will be maintained each budget cycle until the project is complete and funds are paid to NCDOT.' Motion by Council Member Turnage and second by Council Member Tart to Authorize the City Manager to execute the Utility Construction Agreement between the City of Dunn and the NC Department of Transportation for the water and sewer improve'meuts identified in Exhibit A. Motion unanimously approved. A copy of Exhibit A and theAgreementare incorporated into these minutes as Attachment #10. Engineering Services Agreement for USDA Phase I Collection System Utilities Director Adams presented request to approve the Engineering Services Agreement for the USDA Wastewater Collection System Rehabilitation Project. The USDA has reviewed Davis Martin Powell's engineering fees associated with the project and they are within the set percentage guidelines. Motion by Council Member Turnage and second by Council Member Gaulden to approve for City Manager Neuschafer to execute the Engineering Services Agreement with Davis Martin Powell in the amount of $328,859 for engineering services related to Phase 1 of the USDA Collection System Rehabilitation Project, Motion unanimously approved. Resolution Authorizing Submittal of a Grant/Loan Application to the NC Division of Water Infrastructure for Improvements at the Black River Wastewater Treatment Plant Utilities Director Adams presented a resolution for approval stating that the City of Dunn intends to pursue an application with the State Water Infrastructure Authority for the purpose of seeking loan and grant funds for the design and construction of improvements at the Black River Wastewater Treatment Plant. The recommended improvements include Clarifier Refurbishment, Clarifier Addition, Chlorine Contact Tank Improvements and associated Site Piping in an effort to increase the capacity of the existing treatment plant. The engineering estimate for the project is $3.7 million. Motion by Council Member Tart and second by Council Member McLean to approve the resolution adopting the City's intent to request grant and/or loan funding through the Division of Water Infrastructure State Revolving Loan Program for the design and construction of improvements at the Black River Wastewater Treatment Plant and authorize City Manager Neuschafer to enter into a contract with Davis Martin'Powell`to prepare the grant and loan application for the lump sum of $5,000. Motion unanimously approved:'"!A copy of the Resolution (R2021- 10) is incorporated into these minutes as Attachment#11. Resolution Authorizing Submittal of a Grant/Loan Application fo the.,,NC Division of Water Infrastructure for Sewer Collection System Improvements Public Utilities Director Adams presented a resolution for approval stating that the City of Dunn,intends to pursue an application with the State Water Infrastructure Authority for the purpose of seeking funds'for• the design and construction of improvements to the City's sanitary sewer collection system! The engineering estimate for this collection system project is $2 million. Motion by Council Member Tart and second by Council Member McLean to approve the resolution adopting the City's intent to request grant and/or loan funding.through the Division of -Water Infrastructure State Revolving Loan Program for the design and construction of samtac g g ', y sewer collection,systemmprovements and authorize City Manager Neuschafer to enter into a contract vvith'WitliersRavenel to preparefhe grant and loan application for the lump sum of $5,000. Motion unanimously approvedi A copy of the Resolution (R2021-I1) is incorporated into these m inutes as Attachment #12. Resolution Authorizing Acceptance of Merger/Regionalization Feasibility Study Grant Public Utilities Director Adams present6d'a resolution for" approval stating that the City of Dunn intends to accept a Water Merger/Regionalization Feasibdity'Study (MRF) Giant through the State Water Infrastructure Authority. The City applied for the grant funds in the fall of 2020 to evaluate the regional water needs prior to designing a new water treatment plant The'citys 1,5°1,o.grantfee will be $750 for the $50,000 grant. Motion by the Meree Manager the asf Resolution to Approve the 2021 Public Utilities DlreetO,r,,Adams F Capital Improvement'Plan:.The Ca water and wastewater capital nee e and.second by Council Member McLean to approve the resolution accepting ility Study grant and make the applicable assurances contained therein and to enter,'into a;contract with WithersRavenel to assist the City with completing ?proved:,A,copy of the Resolution (R2021-12) is incorporated into these minutes tewater System Capital Improvement Plan ited request for council to adopt the updated 2021 Wastewater System Improvement Plan is a plan used as a tool when budgeting and planning for Motion by Council Member Sills and second by Council Member Gaulden to approve the Resolution, adopting the 2021 Wastewater System Capital Improvement Plan as presented. Motion unanimously approved. A copy of the Resolution (R2021-13) is incorporated into these minutes as Attachment#14. Paving Contract Award Recommendation City Manager Neuschafer presented request for council to award the bid for the Paving Project to include street improvement work for Bay St and Watauga Avenue. This project was initially bid with the utilities and paving together. The city did not receive enough bids and the project was rebid with the paving and utilities separated and bids have been received on both and the utilities work is currently in progress. Neuschafer also pointed out that lighting on Watauga Avenue has been placed by Duke Energy and is also part of this project. After discussion, motion by Council Member McLean and second by Council Member Sills to award a contract to Turner Asphalt, Inc. for the Watauga Base Bid and Bay Street Alternate Bids for a total amount of $397,020 (unit based bid) and authorizing the City Manager to fund the construction from the Powell Bill paving and resurfacing budget line. Motion unanimously approved. Authorization to proceed with loan for Street, Stormwater, Water and Sewer Improvements Finance Director Roberts presented request to move forward with borrowing the needed funds to complete the Water, Sewer and Stormwater repairs to Bay Street, Broad Street, General Lee Avenue, and Watauga Avenue. Staff was authorized to seek loans for this work in the amount of $785,000 and have received responses from four banks for a repayment term of 10 years. The lowest rate proposed is from BB&T (Truist) for 2.07%. This funding will be split between the Water and Sewer fund and the Stormwater fund. Motion by Council Member Sills and second by Council Member Tart to approve the resolution authorizing the Mayor and the City Manager to move forward with a loan with BB&T (Truist) for,$785,000 for the Water, Sewer, and Stormwater work underway on Bay, Broad, Lee and Watauga. Motion unanimously approved. A copy of the Resolution (R2021-14) is incorporated into these minutes as Attachment #15, Accounting Software Contract - Finance Finance Director Roberts presented request to authorize City Manag move forward with contracting with Tyler Technologies for;the Fim their Enterprise Resource Planning (ERP) software. Staff;comp(etec companies. This ERP software is designed for municipal use as the collection for utilities, and access to data for decision makers. Incod financial record keeping, reporting, and personnel management. ' months to install and will require substantial time from the staff du licensed, not purchased, and will be hosted on site with the City. r Neuschafer and Finance Director Roberts to racial Software "Incode for ase_by the City as an extensive review on various' products and currently using this software for reference. The total ccsi4or,.this software cost is $23,721. es multiple.funds, billing and f system designed to improve will take between 9 and 16 :ion process. This software is five different municipalities 306 and the annual recurring Motion by Council Member Turnage and second by,;Council 'Membsoftware ei McLean to approve the soware recommendation of the City's administtiation of Tyler Technologies Incode and authorize the City Manager to move forward with the contract for.its installation. Motion unanimously approved. Westhaven Stormwater" Randy McNeill with Davis Martin;:Powell'presented three possible solutions with estimated cost for improved storm drainage in the Westhaveh ,subdivision areatoreduce'fhe flooding. Poor Drainage'and short tcrm flooding have been persistent in the Merry Street area for some time. The explanation` is that the exisflpk;pipes are; not of :a size to have the capacity to transmit the water from a 2yr intensity.storm. There have been ;;multiple studies over the years to search for options to add capacity and to minimize 'the impacts of larger rain storm events. McNeill reviewed the three possible routes for the storm drain to be improved diul the estimated cost associated with each one. Council Member Slisasked about;the size of easements that will be needed if using option A-2. McNeill said they are not sure that the easements there were properly recorded but the total easement needed will probably be 20- 25 IT with an additional'10 ft on> "ne side for construction. He also pointed out that concrete drives, out buildings, carports and some large "trees will be impacted. Council Member Sills confirmed that fourteen houses will be impacted. Six of the homeowners are for the project and one against. One he spoke with is a renter, one is concerned about their yard being torn up but in favor of the repairs. He did not know about the easement so would like to go back to residents and survey them on this. He believes A-2 is the best option. Council Member Turnage suggested that council needs to determine if the city can afford this at this time due to the sewer issue that the city is currently facing. This is an issue but is it the biggest issue or should a more pressing project be considered first. He further stated that Council needs to make the most informed decision even if a work session is needed to discuss further. Motion by Council Member Sills and second by Council Member Turnage to table until the next meeting. Motion unanimously approved. Consideration of Resolution Directing the Clerk to Investigate Voluntary Annexation Petition ANX-01-21 - 1001 Susan Tart Rd and parcels on western margin of Bruce Drive, owned by Susan Tart Property, LLC. City Manager Neuschafer presented petition requesting the voluntary contiguous annexation of property included in a +/-65.36 acres lot, owned by Susan Tart Property, LLC. A portion of the property is already located within the city limits. Motion by Council Member Turnage and second by Council Member Tart to adopt the Resolution Directing the Clerk to Investigate a Voluntary Annexation Petition ANX-01-21 consisting of property included in a +/-65.36 acres, located at 1001 Susan Tart Rd and parcels on the western margin of Bruce Dr, PIN #1506-77-7440.000, 1506-88-2105.000 and 1506-88-1668.000 and owned by Susan Tart Property, LLC. Motion unanimously approved. A copy of the Resolution (R2021-15) is incorporated into these minutes as Attachment #16. Council Goals/Reports Motion by Council Member Tart and second by Council Member Gaulden to acknowledge receipt of the Monthly Goals and Objectives Reports. Motion carried unanimously. Administrative Reports Council Member Turnage thanked Brian McNeill for preparing the Park$ and Recreatran:Tournament Marketing Report, Finance Director Roberts provided the following financial'report for the period endf!. March 31, 2021: • As of March 31, 2021, city had $10,175,643 in cash from the General Fund and the Water -Sewer Fund combined compared to $7,654,363 as of March 31, 2020 • Tax payments received through February 28, 2021, $4187,1'L'3,,,or,approximately 102.20/( bf our projected budget compared to $4,048,111 in 2020. • Sales Tax Revenue continues to be very strong. January receipts were,,$245,179 for total received $1,533,590 compared to $1,381,734 last year. • Utilities Sales Taxes for the first three quarters is $49J,,922 compared to $525,935 last year. • Building Permit Fees for the month of March were $24;8,77,for total collected.of $125,906 or 126% of budget, compared to last year's total collected $102,204: • Water and Sewer Revenues for the month of March were $460,043_xwth'total collected to date of $4,371,108 or 74.72% of budget. Year to Date in 2020 was $4,315,964. • General Fund expenditures inMarch.were $896,897 with total expensed to date of $7,725,709 or 66.23% of Budget. Total for 2020 was $8,344,169. • The Water and Sewer fund,expenditures in January were $487,736 with total expensed to date of $4,337,223 or 59.44% of budget. For 202,0, total expensed was $3,545 340. • The benchmark for this period is750/6 of budget Finance Report also included debt setyice update'aml liens and accounts receivables update. Reports were also received asJollows -Qommunications/Public Information, Planning and Inspections Report, Public Works Report, Public Utilities Report, Pa'rk`s and Recreation Report, Library Report and Police Report. Motion by" Council Member McLean and' second by Council Member Turnage to acknowledge receipt of Administrative'R6pprts. Motion unanimously approved. Announcements/lufonmation Mayor Pro Tern Bra diramannounced upcoming events and activities. With no further business't9 discuss, motion by Council Member Sills and second by Council Member McLean to adjourn the meeting at 842 p.m. Motion unanimously approved. William P. Elmore Jr. Mayor Attest: Tammy Williams City Cleric M ID � Q­t 1 N'' N' rCity Council Agenda ,h o- G Y' Meeting Date: n SUBJECT TITLE: Temporary Blocking of Street Request - First Presbyterian Church Presenter: City Manager Neuschafer Department: Administration Attachment: X Yes No Description: Letter from First Presbyterian Church Public Hearina Advertisement Date: PURPOSE: First Presbyterian Church is requesting for the 900 block of N Park Avenue be closed on Tuesday, May 18, 2021 from 4:30 p.m. to 8:30 p.m. for a church dinner outside on the lawn with a local food truck. This is the street directly in front of the church. BACKGROUND: BUDGET IMPACT: RECOMMEN DATIONIACTION REQUESTED: Motion to approve Temporary Blocking of Streets for Tuesday, May 18, 2021 as requested by the First Presbyterian Church. 901 North Park Avenue Dunn, North Carolina 28334 (910) 892-4121 (910) 892-8312 fax fpcdunnoffice fgntail.cona May 2, 2021 Dunn City Council PO BOX 1065 Dunn, NC 28335 Dear Mayor and Council: On behalf of the First Presbyterian Church of Dunn, I am requesting that the 900 block of N. Park Avenue be closed on Tuesday, May 18, 2021 from 4:30 pm — 8:30 pm. This is the street directly in front of the church. We will be hosting a Church dinner outside on the lawn with a local food truck. If you have any questions or comments, please contact the church office. Thank You. Sincerely, RM V agars C`� Rev. Meagan Greene Associate Pastor of Christian Education First Presbyterian Church of Dunn, NC 1 3sn-iv93'I 210d lom **a DUNN ULTIFUNN .�y City Council Agenda . 9! ry d` �i i r sF. rm Meeting h May 11, 2021 SUBJECT TITLE: Temporary Blocking of Street Request— Harnett Street Presenter: City Manager Neuschafer Department: Administration Attachment: X Yes No Description: Request from Felica Blue, Map Public Hearina Advertisement Date: PURPOSE: Felica Blue is requesting for E Harnett Street to be blocked from N Sampson Ave to N Lee Ave, as depicted in the attached map, on Saturday, May 15, 2021 from 12:00 p.m. to 6:00 p.m. She is coordinating a community Covid-19 testing and vaccination event. BACKGROUND: �1I7c7�i1i41]_[�i RECOMMENDATIONIACTION REQUESTED: Motion to approve Temporary Blocking of the section of N Harnett St for Saturday, May 15, 2021 as requested. Email received 05-03-2021 by the City Clerk with contents below: Good morning, I am writing to request the block of N. Sampson Avenue and Harnett Street and N. Lee Avenue in Harnett Street to be close May 15 2021 from 12 PM to 6 PM. As we know Covid-19 has hit the world pretty hard and we would like to bring testing and vaccination to the community. To the community that we live in. We feel like bringing this to the people we love and care about, they will be more likely to be tested and or vaccinated. It's all about keeping the city of DUNN safe overall and this will be open to the entire city. We will be using DHW, LLC diagnostics Mobil state approved company will be doing the antibody test (finger prick) and the Covid-19 nose swab along with a RN giving the vaccine. Their website is WWW.DHWLLC.ORG phone number is 919-404-9006. We also will be giving away free masks. Once again we just wanted to make the city we stay in and love safer and give everybody the opportunity to be tested and vaccinated. Any other questions or concerns, please contact Felica Blue 910-890-8062 or by email felica_blue@yahoo.com. Thank you for your time and consideration. cn 0 3sn ION UN ME -DUNK ��� ftd Ali -America City 6t, ..r All•AmericaCity City Councila - 1 Meeting Date: May 11, 2021 1999 * 2013 1989 * 2013 SUBJECT TITLE: Temporary Blocking of Street Request — Wilkins Cemetery Community Committee Presenter: City Manager Neuschafer Department: Administration Attachment: X Yes No Description: Request from Joy Williams, Map Public Hearing Advertisement Date: PURPOSE: The Wilkins Cemetery Community Committee requf Saturday, June 19, 2021 from 9:00 a.m. until 2:00 p.m. the freeing of American slaves. This event will be American Resource Center. F_T_'T4'TffzT91UN BUDGET IMPACT: :st the north end of Wilson Avenue be closed on They will be hosting a special event to commensurate held in conjunction with the Harnett County African RECOMMENDATION/ACTION REQUESTED: Motion to approve Temporary Blocking of the section of N Wilson Ave for Saturday, June 19, 2021 as requested. I WILKIN'S CEMETARY COMMUNITY COMMITTEE 400 N. WILSON AVE. DUNN, NC 28334 910-892-3492 TAX #043785404 Lf✓`re, I r� cry a c L- co :■ 3sn -mwi 110d ION DUNN D �r x �A 1 r 1 1Y city Council Agenda Y x fi Meeting g Date: May SUBJECT TITLE: Temporary Blocking of Alley — Stewart Theater Presenter: City Manager Neuschafer Department: Administration Attachment: X Yes No Description: Request from Jacob Godwin Public Hearina Advertisement Date: PURPOSE: The Stewart Theater is planning a Pop -Up Alley Concert on Saturday, June 19, 2021 as a fundraiser for the Theater's revitalization project. They are requesting the alley behind the Stewart Theater be closed on that Saturday from 6:00 p,m. to 11:00 p.m. BACKGROUND: BUDGETIMPACT: RECOMMEN DATIONIACTION REQUESTED: Motion to approve Temporary Blocking of the alley behind the Stewart Theater on Saturday, June 19, 2021 as requested. GODWIN CREATIVE GROUP. April 28, 2021 City of Dunn Mayor and Council PO Box 1065 Dunn NC 28335 RE. Street Closure for Stewart Theater Events Mayor and City Council, Please allow this letter to serve as a request to temporarily close the alley behind the Stewart Theater (114 N. Wilson Avenue, Dunn, NC 28334) on the below date. The Stewart Theater will host a pop-up alley concert series —a fundraiser for the Stewart Theater revitalization. Pop -Up Alley Concert featuring John Dupree & Kevin Wing Saturday, June 19, 2021 Requested Closure: 6:OOPM-11:OOPM My contact information is below if further information is needed to approve this request. Thank you for your consideration. Sincerely, Jacob Godwin 910.984.7533 jacobg@godwincreativegroup.com DUNN DL1NN ��'�� All America Cfiy All A�artea City 1 f i a 1 1 Meeting Date: May 11, 2021 [989 * 2013 1989 2013 SUBJECT TITLE: Budget Amendment — Lakeshore Drive Waterline Replacement Project Presenter: Jim Roberts, Finance Director Department: Finance Department • Description: Budget amendment to establish funds for Attachment: X Yes No loans completed since 2020/2021 Budget approval. Public Hearing Advertisement Date: N/A 0 PURPOSE: To amend the budget, establishing funds to pay for loans approved by the City Council since the last budget (2020/2021) was approved. BACKGROUND: Loans from BB&T, were approved by the City Council for work on Lakeshore Drive waterline replacement. This loan did not close until the fall of 2020. Due to payments to be made in this month, we need to set up accounts and include them in the budget to allow funds to be paid for principal and interest. This fund will be set up in the Debt Service area of our budget to pay off the loans used to make these repairs. BUDGET IMPACT: We will use the excess funds from water sales and fees to cover all expenses related to these loans as planned and approved in previous council actions from 2020. RECOMMENDATIONIACTION REQUESTED: Motion to approve the Budget Amendment setting up funds to pay debt service on the previously approved loan for the 2020/2021 Budget Year. :1. `- c c o 0 O _ N O O O O 0 E D N a = a O V O Q a E Q fA fA N O O O O m m N O U m (V C 3 D ❑ O d Q E N U _C fA E9 c o c m E m Eo o E O Q fA ffl Z O d a N � U N U m w CL = ❑ m m w C C J N 0 Z N `o N `O L L m m J J O O � N C? C? O O M M D D c c ti li z 3 3 N m N N v� n 0 0 0 c o o o o c coo m O O O 6 E O O U M W Q n Q Q � � M O O O O O O U N O O O m � O O O � U d v O) W C � a ❑ O N Q Q N U C Fp EA f9 0 0 0 0 0 0 o c 0 0 0 6 E c c O m U r a Q Q Z O a_ U U W w W h W N Z N J �y, N C LL LL' J O O O O O O O O O M M M O 00 M M M a LL ❑ 3 Dm LL N N J 0 O f W D Z W O m D m w O O O m m N N c� N 'O e -C O N �.m.. �n �L,3Nc Dcm G N N C h zd O .mU O ❑ n a a w E c m m m m m 3 m D T c' 3�a N .mc dw wm aNi � m ❑` T a _ 'O O N c N a m o o Y d m O D_O O.N rm o o y 9 m m N E E m~ s 0 c Y N O m N c O O N E j N N O (0 m N U N ❑ N N L J U 3" N- 6 'o m a m c O N m N c c m m N x m m U (L f lL Co ..L. T F N J N rn a a d N N D• N N r N U W U Z Z D O O O � U � O LL K N Z W D DUNN DUNN Councilb3&d ;: --; WMI D � 0' t 1 N­ " N' � � � City Agenda Meeting Da SUBJECT TITLE: 195/140 Crossroads of America Economic Planning Alliance Memorandum of Presenter: City Manager Neuschafer and City Attorney Tilghman Pope Department: Admin Attachment: X Yes No Description: Draft MOU, Draft Bylaws, Articles of Incorporation, and Map Public Hearina Advertisement Date: 04-30-2021 PURPOSE: a) Public Hearing: Approval of MOU between the City of Dunn, Town of Benson and Town of Four Oaks for the development of a non-profit corporation 1-95/1-40 Crossroads of America Economic Development Alliance, Inc. The MOU includes an annual expenditure of $50,000 to be paid to the organization to fund its operational expenses. The purpose of the Alliance is to recruit new industries, incentivize the expansion of existing industries, and promote economic development opportunities to increase the tax base and create jobs for the residents within and surrounding the City of Dunn, Town of Benson, and Town of Four Oaks, North Carolina. The Public Hearing was duly advertised on April 30, 2021. b). Decision BACKGROUND: The 1-95/1-40 Crossroads of America Economic Development Alliance, Inc. is a non-profit corporation organized in conjunction with the Town of Benson and the Town of Four Oaks. The purpose of the Alliance is to recruit new industries, incentivize the expansion of existing industries, and promote economic development opportunities to increase the tax base and create jobs for the residents within and surrounding the City of Dunn, Town of Benson, and Town of Four Oaks, North Carolina. BUDGET IMPACT: $55,000 has been put in the Proposed Budget for Membership and Expenses. RECOMMENDATION/ACTION REQUESTED: Motion to approve the MOU with the Town of Benson and Town of Four Oaks for the development of the 1-95/1-40 Crossroads of America Economic Development Alliance, Inc. as presented. NOTICE OF PUBLIC HEARING Economic Development (N.C.G.S. §158-7.1(a)) Notice Date: April 30, 2021 NOTICE IS HEREBY PROVIDED, pursuant to N.C. General Statute § 158-7.1(c), that the Dunn City Council shall hold a PUBLIC HEARING to consider the appropriation and expenditure of city funds for economic development purposes. The public hearing shall be held at the Regular Meeting of the City of Dunn Council Meeting scheduled for 7 p.m. May 11, 2021 in Council Chambers, Dunn Municipal Building, 401 E Broad St, Dunn NC for the purpose of considering: A $50,000.00 annual expenditure to be paid to the I-9511-40 Crossroads of America Economic Development Alliance, Inc., a non-profit corporation organized in conjunction with the Town of Benson and the Town of Four Oaks. The proposed expenditure shall be paid to the Alliance to fund its operational expenses. The purpose of the Alliance is to recruit new industries, incentivize the expansion of existing industries, and promote economic development opportunities to increase the tax base and create jobs for the residents within and surrounding the City of Dunn, Town of Benson, and Town of Four Oaks, North Carolina. Comments, not in -person, can be called in, delivered or emailed to the City Clerk by Monday, May 10, 2021, 1:00 p.m. and should include name and address of the person filing the comments. Tammy Williams, City Clerk tilliams@dulm-ne.org 910-230-2500 Legal Ad: Publication: Dunn Daily Record; Notice Date: April 30, 2021 MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into this day of , 2021, by and between the City of Dunn, North Carolina, a municipal corporation ("Dunn"), the Town of Benson, North Carolina, a municipal corporation ("Benson") and the Town of Four Oaks, North Carolina, a municipal corporation ("Four Oaks"). Each of Benson, Dunn and Four Oaks may be referred to as a "Party" or collectively as the "Parties. WITNESSETH: WHEREAS, the City of Dunn is located in Harnett County, North Carolina and the Town of Benson and Town of Four Oaks are each located in Johnston County, North Carolina and all of them are located on Interstate 95 ("I-95") and are either on or in close proximity to Interstate 40 ("I40"); and WHEREAS, each of Benson, Dunn and Four Oaks recognize the value and importance of economic development through the recruitment of new industries and encouraging the expansion existing industries to provide jobs for their residents and to add to the tax base of their municipalities to enable them to provide services to their citizens; and WHEREAS, Benson, Dunn and Four Oaks have identified a corridor located on I-95 and 1-40 extending from south of the City of Dunn to north of the Town of Four Oaks, as more particularly described on Exhibit A attached hereto and incorporated herein by reference (the "Alliance Corridor") in which the recruitment and location of industry will be mutually beneficial to each of Benson, Dunn and Four Oaks and their citizens; and WHEREAS, Dunn, Benson and Four Oaks have determined that each of their economic development recruitment and activities will be enhanced and strengthened by forming a 501(c)(3) non-profit North Carolina corporation for purposes of recruiting industries and promoting economic development within the Alliance Corridor to be named the I-95/I-40 Crossroad of America Economic Development Alliance, Inc. (the "Alliance"), on the terms set forth in this MOU; and WHEREAS, Benson, Dunn and Four Oaks desire to provide funding and resources to support the mission and operations of the Alliance and to provide contributions to each of the municipalities for property tax revenues resulting from the industrial recruitment by the Alliance for industries that locate within the municipal districts of any of Benson, Dunn or Four Oaks as hereinafter set forth; and WHEREAS, Benson, Dunn and Four Oaks desire to enter into this MOU to express their understandings with respect to the foregoing; NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties have the following understandings: 1. Preambles. The preambles to this MOU are incorporated herein by reference. 2. Formation of the Alliance. Benson, Dunn and Four Oaks approve of the formation of the Alliance, as hereinafter set forth. A. Articles of Incorporation. P. Tilghman Pope is authorized and directed to execute as Incorporator the Articles of Incorporation in the form of Exhibit B, attached hereto and incorporated herein by reference (the "Articles") and file the same with the North Carolina Secretary of State. B. Board of Directors. (i) Voting Members. The initial members of Board of Directors of the Alliance (`Board") shall consist of nine (9) voting members. Each of Benson, Dunn and Four Oaks shall select three (3) members for the Board. One Board member to be selected by each of Benson, Dunn and Four Oaks shall be a member of the town or city council as applicable and the remaining two (2) members to be selected shall be private citizens. The Board members to be designated by each of Benson, Dunn and Four Oaks shall be designated within forty-five (45) days of the approval and execution of this MOU by all parties. The members of the Board that are private citizens shall be selected by each of Benson, Dunn and Four Oaks from applications received by each town or city council as applicable. (ii) Ex-Officio Members. The mayor of each of Benson, Dunn and Four Oaks shall be designed as ex-offrcio, non -voting members of the Board. The current mayors of Benson, Dunn and Four Oaks, being Jerry M. Medlin, William P. Elmore, Jr. and Linwood Parker, shall serve as ex-offrcio non -voting members for three (3) years following the formation of the Alliance, even if they are no longer serving as mayor of their respective towns or city during this time period to promote continuity of the Alliance. The town or city manager for each of Benson, Dunn and Four Oaks shall serve as ex-offrcio, non -voting members of the Board. Upon formation and organization, the Board may elect to have other ex-offrcio, non -voting members as determined by the Board. C. By -Laws. The initial Board shall be presented with proposed by-laws in the form of Exhibit C attached hereto and incorporated herein by reference for their consideration. However, Benson, Dunn and Four Oaks understand and acknowledge that the Alliance is a private non-profit corporation and the Board may amend or alter the proposed by-laws in their discretion. D. Members. The Alliance will not have members. E. 501(c)(3) Application. Once the Articles have been filed with the North Carolina Secretary of State and the Board had adopted by-laws, elected officers and taken such other actions as are necessary to perfect the incorporation of the Alliance, Four Oaks shall be responsible for submitting a Form 1023 or other necessary application or documentation to the United State Internal Revenue Service and processing the same to have the Alliance approved as a 501(c)(3) non-profit corporation pursuant to the Internal Revenue Code. 3. Contributions to the Alliance. Benson, Dunn and Four Oaks recognize that initial funding for the operations of the Alliance will be required from each of them. The parties expect the Alliance to seek funding from other sources, including, but not limited to the State of North Carolina, Harnett and Johnston Counties and private businesses and industries. The parties further expect the Alliance shall eventually become self-sustaining as a result of contributions to be made by each of them from property tax revenues that result from the economic recruitment efforts of the Alliance, as hereinafter set forth. The parties believe that it is in their best interests to provide funding for the Alliance until it is self-sustaining from other revenue source. Within forty-five (45) days after perfecting the incorporation of the Alliance and submitting the 501(c)(3) Application as set forth above, each of Benson, Dunn and Four Oaks agree to contribute to the Alliance fifty thousand dollars ($50,000.00) (the "Initial Contribution"). The Alliance shall use the Initial Contribution as determined by the Board, to include, but not be limited to hiring an executive director and expenses associated therewith. Benson, Dunn and Four Oaks agree to make annual future contributions of fifty thousand dollars ($50,000.00) per fiscal year for aperiod of two (2) years following the Initial Contribution. 4. Facilities for Alliance. Benson agrees that it shall provide office and conference room facilities for the operations of the Alliance immediately after formation for Board meetings and for staff hired by the Alliance. These facilities shall contain approximately seven hundred (700) square feet and shall be located at the Benson Town Hall facilities located at 303 E. Church Street, Benson, North Carolina 27504 and are more particularly shown on Exhibit D, attached hereto and incorporated herein by reference (the "Facilities"). Included in the Facilities are the following utilities: water, electricity, intereet and telephone. The Alliance shall be responsible for any other utilities as approved by the Board. Benson shall not charge rent or any other fee to the Alliance for the use of the Facilities or included utilities during the first twelve (12) months of the Alliance's operations. After the first twelve (12) months of operations the Alliance and Benson may agree to mutually acceptable terms for the continued use of the Facilities. If mutually agreed by the Alliance and Benson, the Alliance may relocate to other facilities provided by Benson. The Alliance shall have sole discretion to relocate, at any time, to other facilities not owned by Benson, as determined by the Board. 5. Alliance Corridor and Industrial Recruitment. A. The purpose for the Alliance shall be for the recruitment of manufacturing, industrial, retail and other business to locate in the Alliance Corridor or for businesses already located within the Alliance Corridor to expand their operations to create jobs and tax base for Benson, Dunn, Four Oaks, Harnett and Johnston Counties. Benson, Dunn and Four Oaks acknowledge that substantial portions of the Alliance Corridor are not located in any of their municipal districts, however, each of them agree that the location or expansion of businesses anywhere in the Alliance Corridor is beneficial to their citizens. B. The Alliance shall be eligible to assist in the recruitment of all types of businesses. However, for purposes of sharing of property tax revenues by Benson, Dunn and Four Oaks, as hereinafter set forth, the types of business shall be limited to manufacturing, distribution, call centers and similar type businesses. This shall not include retail or office facilities that are not directly related to associated manufacturing, distribution facilities, call center and similar type businesses. If a recruited business has a blend of retail with manufacturing or distribution (for example the Rooms to Go located in the City of Dunn), then it shall be considered as a distribution center. The types of recruited businesses that are eligible for sharing of property taxes revenues shall be referred to as an "Eligible Target." C. In the event the Alliance is Directly Involved in the recruitment of an Eligible Target resulting in the Eligible Target purchasing or leasing real property located in the Alliance Corridor, it shall be referred to as a "New Industry." "Directly Involved" shall mean the Alliance had substantial direct contact with the Eligible Target prior to their decision to locate in the Alliance Corridor, whether in person, by phone, email or other electronic methods. General marketing campaigns or marketing campaigns that are directed toward specific industries, but not to a specific company shall not be considered as Directly Involved. 6. Property Taxes Associated with New Industry. A. "Property Taxes" for purposes of this MOU shall mean all ad valorem or property taxes, whether for real or personal property, received by any of Benson, Dunn or Four Oaks as a result of a New Industry. In determining Property Taxes Benson, Dunn and Four Oaks shall take in consideration any incentives provided to the New Industry that involve a rebate of property taxes. For purposes of illustration only, if a New Industry locates within the municipal limits of Benson that generates annual property taxes for both real and personal property in the amount of $100,000.00, but Benson agreed, as an incentive to the New Industry to rebate eighty percent (80%) of property taxes per year, for a period of five (5) years, then the calculated Property Taxes for purposes of this MOU would be $20,000.00 for each of the first five (5) years after the New Industry became subject to property taxes. B. Contribution to the Alliance. For each New Industry, Benson, Dunn and Four Oaks agree, to contribute twenty percent (20%) of the Property Taxes received by any of them to the Alliance for so long as the Alliance is in existence and has not been dissolved.. This contribution shall be in addition to and not in substitution of the contributions required by Section 3. C. Contribution to Other Parties. For each New Industry, Benson, Dunn and Four Oaks agree, to contribute twenty percent (20%) of the Property Taxes received by any of them to each other Party for so long as the Alliance is in existence and has not been dissolved. D. Illustration. For purposes of illustration only, if a New Industry locates in Benson, resulting in Property Taxes of $100,000.00 per fiscal year, then Benson shall contribute $20,000.00 per fiscal year to each of the Alliance, Dunn and Four Oaks for the number of fiscal years set forth in paragraphs B. and C. above. 7. Dissolution of Alliance. If the Board of Directors of the Alliance votes to dissolve, after paying all remaining outstanding liabilities of the Alliance, any remaining funds, if any, shall be distributed equally to Benson, Dunn and Four Oaks. This agreed distribution shall be included in the Articles. 8. Relationship of the Parties. Nothing contained in the MOU shall be deemed to create a partnership, joint venture or any other legal relationship between the Parties. The purpose of the MOU is to express the understandings of the Parties regarding the formation and creation of the Alliance, the Alliance Corridor, funding and support of the Alliance and the commitment of the Parties regarding Property Taxes. 9. Industrial Recruitment by the Parties. The Parties recognize the value and benefit of economic development and industrial recruitment through the Alliance and other county, regional and state economic development governmental agencies and private organizations. It is for this purpose the Parties enter this MOU. All parties agree to refer Eligible Targets to the Alliance for the Alliance's assistance in recruiting the Eligible Target. Notwithstanding the foregoing, nothing contained in this MOU shall prohibit any Party from marketing their municipality for economic development or engaging in recruitment of businesses and industries to locate in their municipality. The parties further acknowledge that the Alliance may be Directly Involved in recruiting business and industry that elect to locate in areas outside of the Alliance Corridor, whether within or outside of the municipal boundaries of any Party. 10. Preparation of MOU and Formation of Alliance. A. The Parties agree that P. Tilghman Pope and Pope Law Group, P.A. (collectively "Pope Law") will prepare the MOU to set forth the understandings of the Parties and to perform the necessary legal work to incorporate the Alliance and related legal work to include the preparation of bylaws and organizational minutes. The Parties agree that Pope Law will invoice and be paid by the Alliance for these services. B. The Parties acknowledge that Pope Law is legal counsel for Dunn and the performance of the legal services as set forth above is or could be a conflict of interest under the North Carolina Rules of Professional Conduct, including, but not limited to Rule 1.7. The Parties, by their approval of this MOU and execution by their duly authorized representative, waive any and all current or future conflicts of interest, if any, related to the services already provided or to be provided by Pope Law as set forth above. C. Benson and Four Oaks acknowledge that they have been represented by independent legal counsel in connection with the agreements and understandings set forth in this MOU, separate from Pope Law. Benson and Four Oaks acknowledge that they have had the opportunity to and have consulted with and obtained the advice of their own separate legal counsel and any other advisors they have deemed advisable in connection with all matters set forth in this MOU. D. Nothing contained in this MOU shall prevent or prohibit Pope Law from providing, now, or in the fixture, legal representation to Dunn, whether or not such representation relates to any matter set forth in this MOU and all Parties hereby consent to any current or future representation and waive any present for future conflicts of interest, if any, associated with or related to such representation. 11. Entire Agreement. This MOU constitutes the entire agreements and understandings among the Parties with respect to the matters contemplated by this Agreement and supersedes any prior understandings, agreements, or representations by or among the Parties, written or oral, to the extent they relate in any way to the matters contemplated by this Agreement. 12. Counterparts. This MOU may be executed in one or more counterparts (including by means of facsimile or other electronic transmission), each of which shall be deemed an original but all of which together shall constitute one and the same instrument. A signed copy of this MOU delivered by facsimile, e-mail or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement. 13. Headings. The section headings contained in this MOU are inserted for convenience only and shall not affect in any way the meaning or interpretation of this MOU. 14. Governing Law. This MOU shall be governed by and construed in accordance with the laws of the State of North Carolina. 15. Amendments and Waivers. No amendment of any provision of this MOU shall be valid unless the same shall be in writing and signed by the Mayors of all the Parties after approval by the City or Town Council of each Party. No waiver by any Party of any provision of this MOU shall be valid unless the same shall be in writing and signed by the Party malting such waiver. 16. Severability. Any term or provision of this MOU that is invalid or unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction. 17. Construction. The Parties have participated jointly in the negotiation and drafting of this MOU. In the event an ambiguity or question of intent or interpretation arises, this MOU shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this MOU. 18. Incorporation of Exhibits. The Exhibits identified in this MOU are incorporated herein by reference and made a part hereof. Remainder of Page Left Blank Intentionally Signature Pages to Follow IN WITNESS WHEREOF, this MOU has been approved by the Town Council for the Town of Benson as of and is executed by its Mayor and Town Clerk with authority duly given and as an act of the Town of Benson. TOWN OF BENSON Jerry M. Medlin Mayor ATTEST: Town Clerk IN WITNESS WHEREOF, this MOU has been approved by the City Council for the City of Dunn as of and is executed by its Mayor and City Cleric with authority duly given and as an act of the City of Dunn. CITY OF DUNN William P. Elmore, Jr. Mayor ATTEST: Tarrany Williams City Cleric IN WITNESS WHEREOF, this MOU has been approved by the Town Council for the Town of Four Oaks as of and is executed by its Mayor and Town Clerk with authority duly given and as an act of the Town of Pour Oaks. ME ATTEST: Martha Garris Town Clerk TOWN OF FOUR OAKS Linwood Parker Mayor Exhibit A SEE ATTACHED ALLIANCE CORRIDOR 1 1 • f 1 i • Exhibit B SEE ATTACHED ARTICLES OF INCORPORATION FOR I-95/I-40 CROSSROADS OF AMERICA ECONOMIC DEVELOPMENT ALLIANCE, INC. p¢enami,r NORTH L INA Department of the Secretary of State To all whom these presents shall come, Greetings: I, ELAINE F. MARSHALL, Secretary of State of the State of North Carolina, do hereby certify the following and hereto attached to be a true copy of ARTICLES OF INCORPORATION OF I-95/I-40 CROSSROADS OF AMERICA ECONOMIC DEVELOPMENT ALLIANCE, INC. the original of which was filed in this office on the 28th day of April, 2021. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Raleigh, this 28th day of April, 2021. Scan to verify online. Certification# C202111803952-1 Reference# C202111803952-1 Page: 1 of 5 Verify this certificate online at https://Nvww.sosnc.gov/verification Secretary of State SOSID: 2180668 Date Filed: 4/28/20213:19:00 PM Elaine E Marshall North Carolina Secretary of State C2021 118 03952 ARTICLES OF INCORPORATION OF I-95/I-40 CROSSROADS OF AMERICA ECONOMIC DEVELOPMENT ALLIANCE, INC. A NON-PROFIT CORPORATION Pursuant to North Carolina General Statute §55A-2-02, the undersigned corporation does hereby submit these Articles of Incorporation for the purpose of forming a non-profit corporation. ARTICLE I The name of the corporation is: I-95/I-40 Crossroads of America Economic Development Alliance, Inc. ARTICLE II The corporation is organized as a nonprofit corporation pursuant to Chapter 55A of the General Statutes of North Carolina and is intended to qualify for tax exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986 (herein the "Code") (or the corresponding provisions of any future United States Internal Revenue Code) and corresponding provisions of the revenue laws of the State of North Carolina and shall be operated exclusively for purposes and shall exercise those powers consistent therewith granted to nonprofit corporations by the laws of North Carolina that are not inconsistent with the requirement of Section 501(c)(3) of the Code, which shall include, but not be limited to, lessening the burdens of the Town and City governments along the North Carolina Interstate 95 Corridor ("Corridor"), specifically the Town of Four Oaks, The Town of Benson, and the City of Dunn, by (i) encouraging, enhancing, and fostering economic development in the Corridor region, (ii) assisting in the formulation, promotion, and support of programs designed to encourage, enhance and foster economic development within the Corridor region, and (iii) engaging in any and all lawful activities necessary or incident to the foregoing purposes including the following activities: (a) To ensure that all economic development programs are properly focused and directed; (b) To develop and implement both short and long — range economic development marketing plans and strategies for the region; (c) To secure adequate public and private sector funding for the economic development programs; Certification# C202111803952-1 Reference# C202111803952- Page: 2 of 5 (d) To be directly accountable to the governmental funding units for the expenditure of public appropriations; (e) To set and implement a program of action; (f) To establish annual operating budgets and oversee the collection and expenditure of all funds; (g) To organize committees and task forces to implement specific economic development marketing programs and activities or to oversee other organizational objectives; and (h) To undertake any and all lawful activities necessary or incident to the foregoing purposes, and to exercise any other powers granted nonprofit corporations under the laws of the State of North Carolina. ARTICLE III No part of the net earnings of the corporation shall inure to the benefit of, or be distributable to its directors, officers, or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for the services rendered and to make payments and distributions in furtherance of Section 501(c)(3) purposes. No substantial part of the activities of the corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in the opposition to any candidate for public office. ARTICLE IV The corporation shall have all the powers granted nonprofit corporations under the laws of the State of North Carolina. Notwithstanding any other provisions of these Articles of Incorporation, the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from Federal Income Tax under Section 501(c)(3) of the Internal Revenue Code of 1986 (or corresponding provision of any future United States Internal Revenue Law) or (b) by a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code of 1986 (or corresponding provision of any future United States Internal Revenue Law). ARTICLE V The street address and county of the initial registered office of the corporation is: 303 E. Church Street, Benson, Johnston County, North Carolina 27504. Certification# C202111803952-1 Reference# C202111803952- Page: 3 of 5 ARTICLE VI The mailing address of the initial registered office is: 303 E. Church Street, Benson, Johnston County, North Carolina 27504. ARTICLE VII The name of the initial registered agent is Mayor Jerry M. Medlin. ARTICLE VIII The name and address of the incorporator is as follows: P. Tilghman Pope 403 West Broad Street Dunn, North Carolina 28334 ARTICLE IX The location of the principal office of the corporation is 303 E. Church Street, Benson, Johnston County, North Carolina 27504. The mailing address of the principal office of the corporation is 303 E. Church Street, Benson, North Carolina 27504. ARTICLE X The corporation shall not have members and shall not have any capital stock. ARTICLE XI Upon dissolution of the corporation, the Board of Directors shall, after paying or making provision for the payment of all of the liabilities of the corporation, dispose of all of the assets of the corporation exclusively for the purposes of the corporation, in such manner, or to such organizations organized and operated exclusively for charitable, educational, scientific or literary purposes as shall at the time qualify as an exempt organization or organizations under section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law) as the Board of Directors shall determine, or to federal, state or local governments to be used exclusively for public purposes. All remaining funds of the corporation, after the payment of all outstanding liabilities shall be distributed equally to the Town of Benson, Town of Four Oaks and City of Dunn in the event of dissolution. Any such assets not so disposed of shall be disposed of by the Superior Court of the county in which the principal office of the corporation is then located, exclusively for such purposes or to such organizations, such as the court shall determine, which are organized and operated exclusively for such purposes, or to such governments for such purposes. Certification# C202111803952-1 Reference# C202111803952- Page: 4 of 5 ARTICLE XII To the fullest extent permitted by the North Carolina Nonprofit Corporation Act, as it exists or may hereafter be amended, no person who is serving or who has served as a director of the corporation shall be personally liable for monetary damages for breach of any duty as a director. No amendment or repeal of this article nor the adoption of any other amendment to these Articles of Incorporation inconsistent with this article, shall eliminate or reduce the protection granted herein with respect to any matter that occurred prior to such amendment, repeal or adoption. ARTICLE XIII The Board of Directors shall be chosen in the manner provided in the Bylaws. ARTICLE XIV The period of duration of the corporation is perpetual. ARTICLE XV The Articles of Incorporation shall be effective immediately upon filing with the North Carolina Secretary of State. This the 28'h day of April 2021, r P. Tilghman P e, Inc rporato Certification# C202111803952-1 Reference# C202111803952- Page: 5 of 5 Exhibit C SEE ATTACHED PROPOSED BYLAWS FOR I-95/I-40 CROSSROADS OF AMERICA ECONOMIC DEVELOPMENT ALLIANCE, INC. BY-LAWS OF THE I-95/I-40 Crossroads of America Economic Development Alliance, Inc. ARTICLE I Name The name of this organization shall be I-95/I-40 Crossroads of America Economic Development Alliance, Inc. ("Corporation") ARTICLE II Offices The principal office of the Corporation shall be located in Johnston County, and may establish other office(s) within Harnett County as the Board of Directors may designate, or as the business of the Corporation may require from time to time. The registered office of the Corporation shall be maintained in the State of North Carolina according to provisions under Article 5, of NC General Statute 55A-5-01, Registered Office and Registered Agent, and shall be identical with the principal office of the Corporation. The address may be changed from time to time by the Corporation as deemed necessary to operate effectively. ARTICLE III Organization The Corporation is a non — profit corporation established and operated in accordance with the provisions of 26 U.S.C. ("Internal Revenue Code") and Section 501(c)(3) of the Internal Revenue Code of 1986 (or corresponding provisions of any future Internal Revenue code provision) and the regulations thereunder, and NC General Statutes, Chapter 55A, North Carolina Nonprofit Corporation Act. ARTICLE IV Purposes The purposes for which the Corporation is established and shall operate are as follows. The Corporation is organized and operated exclusively for the purpose of lessening the burdens of the Town and City governments along the North Carolina Interstate 95 Corridor ("Corridor"), specifically the Town of Four Oaks, The Town of Benson, and the City of Dunn, by (i) encouraging, enhancing, and fostering economic development in the Corridor region, (ii) assisting in the formulation, promotion, and support of programs designed to encourage, enhance and foster economic development within the Corridor region, and (iii) engaging in any and all lawful activities necessary or incident to the foregoing purposes including the following activities: (a) To ensure that all economic development programs are properly focused and directed; (b) To develop and implement both short and long — range economic development marketing plans and strategies for the region; (c) To secure adequate public and private sector funding for the economic development programs; (d) To be directly accountable to the governmental funding units for the expenditure of public appropriations; (e) To set and implement a program of action; (f) To establish annual operating budgets and oversee the collection and expenditure of all funds; (g) To organize committees and task forces to implement specific economic development marketing programs and activities or to oversee other organizational objectives; and (h) To undertake any and all lawful activities necessary or incident to the foregoing purposes, except as limited in the Corporation's Articles of Incorporation. 2. The Corporation is organized and shall operate exclusively for the aforesaid purposes, provided, however, that an activity shall not be engaged in if such activity would jeopardize the federal income tax exemption under Section 501(c)(3) of the Internal Revenue Code. ARTICLE V Finances The Corporation shall raise funds by collection and receipt of gifts of money, property, grants, contributions, donations, bequests, receipts, and fees for services; provided, however, all such funds must be accepted by the Board of Directors or officers of the Corporation. All funds collected and received by the Corporation, together with the income therefrom, shall be held, retained, managed and conserved in funds and administered, used and applied by the Corporation in the sole discretion of the Board of Directors in accordance with the purposes described in Article IV and Article VI of these By -Laws and the Corporation's Articles of Incorporation. The Board of Directors may accept revenues and properties which are qualified, limited or restricted in their use; provided, however, such qualifications, conditions, limitations and/or restrictions shall not conflict with the purposes of the Corporation set forth in Article IV of these By -Laws and the Corporation's Articles of Incorporation. Unless otherwise specifically required, such restricted revenues and/or property may be mingled with other funds of the Corporation. 2 ARTICLE VI Application and Use of Funds Revenues received by the Corporation shall be held in an account or accounts in the name of the Corporation in such location(s) as may be designated by the Board of Directors. The Corporation shall hold, manage, invest, and reinvest its funds in accordance with the investment policies of the Corporation and shall collect and receive the income therefrom. After deducting all necessary expenses incident to the operation and administration of the Corporation, such funds shall be utilized in accordance with the purposes set forth in these By -Laws and the Corporation's Articles of Incorporation. The Board of Directors may establish a committee within itself for the purpose of supervising and managing investments. All such revenues received and held by the Corporation shall be distributed to such persons and in such amounts as the Board of Directors shall deem appropriate, in keeping with the purposes of the Corporation. The Corporation shall be the sole entity or person responsible for the application and use of its assets, including payment of its expenses in accordance with such operating guidelines as may be established by the Board of Directors; and it shall operate as an independent and autonomous entity for the purposes of meeting its financial obligations. ARTICLE VII Members The Corporation shall have no members. ARTICLE VIII Board of Directors Section 1. General Powers. The business and affairs of the Corporation shall be managed under the direction of its Board of Directors. Section 2. Number, Tenure, and Qualifications. The initial Directors named in the Articles of Incorporation are authorized to appoint additional Directors consistent with the provisions of Article VIII, Section 2. Each Director shall hold office until his/her successor shall have been elected and qualified or until his/her earlier resignation, removal from office, death or incapacity. The Corporation shall be managed by a Board of Directors of not less than nine (9) persons consisting of three (3) members selected by each of the Town of Benson, City of Dunn and Town of Four Oaks, comprised of one (1) "public sector" Director, who shall be a member of the Town or City Council as applicable, and two (2) "private sector" Directors, who shall be private citizens, to include the President of the Corporation. The foregoing Directors shall be voting Directors as set forth below: (a) Initial Directors and Qualifications: (b) Terms: (i) The following members of the initial Board of Directors shall have an initial four (3) year term: and . The following members of the initial Board of Director shall have an initial two (2) year term: , and . The following members of the initial Board of Directors shall have an initial one (1) year term: and (ii). Except for the initial terms as set forth above, each director shall be elected for a term of two (2) years, with three (3) directors being elected every year (beginning in 2021). Directors shall be elected in the month of April. (e) Qualifications: Members of the Board of Directors should be persons of good character willing to devote the necessary amount of time to the duties of a director to carry out the purposes of the Corporation. Section 3. Elections. Elections shall be held during the regular meeting of the Board of Directors for April of each year for any Director position whose term is expiring. If a Director is from the "public sector" the applicable Town or City Council shall select the Director for such position at their regular March meeting, with the term beginning at the expiration of the current "public sector" Director's term. If the term of a "private sector" Director is expiring, Nominations shall be received during the April meeting of the Board of Directors and thereafter the Board of Directors shall vote and the candidate with the most votes for each open position shall be elected. All voting members of the Board of Directors shall be eligible to vote in such elections. Section 4. Regular Meetings. The Board of Directors may provide, by resolution, the time and place, either within or without the State of North Carolina, for the holding of regular meetings. Section 5. Special Meetings. Special meetings of the Board of Directors may be held at any time and place upon the call of the Chairman of the Board of Directors ("Chair") or of any three (3) Directors. Section 6. Notice. Notice of that time, date and place of any special meeting shall be given at least two (2) days previously thereto. Such notice shall be given in writing unless oral notice is reasonable under the circumstances. Notice may be communicated in person, by telephone, or other form(s) of wire or wireless communication or by mail or private carrier or any other lawful means. A Director's attendance at or participation in a meeting shall constitute a waiver of notice of such meeting, unless the Director at the beginning of the meeting (or promptly upon his/her arrival) objects to holding the meeting or transacting business at the meeting and does not thereafter vote for or assent to action taken at the meeting. Notice of an adjourned meeting need not be given if the time and place are fixed at the meeting adjourning. 0 Section 7. Quorum. Majority of the number of the voting members of the Board of Directors fixed as provided in Section 2 of this Article VIII shall constitute a quorum for the transaction of business at any meeting of the Board of Directors, but if less than such majority is present at a meeting, a majority of the Board of Directors present may adjourn the meeting from time to time without further notice. Section 8. Manner of Acting. The act of the majority of the Board of Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors, except as otherwise provided in these By -Laws. Section 9. Vacancies. Except as otherwise required by law, or the Corporation's Articles of Incorporation, any vacancy occurring on the Board of Directors may be filled by the respective member who appointed the position initially, if applicable and if not, the vacancy shall be filled by a vote of the Board of Directors.. A Director elected to fill a vacancy shall hold office until a successor shall be elected and qualified. Section 10. Informal Action by Directors. Action required or permitted to be taken at a meeting of the Board of Directors may be taken without a meeting if the action is assented to by all members of the Board of Directors. Section 11. Order of Business. For each meeting of the Board of Directors, the Chair shall set the agenda, which may include the following items, as appropriate, as well as others as the Chair deems appropriate: 1. Reading and approval of any unapproved minutes 2. Reports of officers (committee reports) 3. Financial Report A. Marketing activity report 5. Unfinished business 6. New business 7. Executive session 8. Adjournment Section 12. Committees. The Chair and Vice Chair then in office may create one or more committees of the Board of Directors and appoint members of the Board of Directors to serve on them. Each committee must have three (3) or more members. Between meetings of the Board of Directors and subject to such limitations as may be required by law, the Corporation's Articles of Incorporation, these By -Laws or imposed by resolution of the Board of Directors, such committees may exercise such authority of the Board of Directors in the management of the Corporation as may be delegated to such committee by the Board of Directors or these By -Laws. Meetings of the committees may be held at any time on call of the Chair or of any member of the committee. A majority of the members of any committee shall constitute a quorum for all meetings. Committees shall keep minutes of their proceedings and submit them to the next meeting of the Board of Directors for approval. Section 13. Ex-Officio Directors. In addition to the Directors serving under the provisions of Article VII, Section 2, Paragraphs (a) there shall be ex-officio members of the Board. Such ex- offrcio members shall be the Mayor of each of the Town of Benson, Town of Four Oaks and City of Dunn, the Town Manager from each of the Town of Benson and Town of Four Oaks and the City Manager from the City of Dunn. . Such ex-officio members shall serve as long as they hold the positions of Mayor or Town Manager or City Manager as applicable. Current Mayors Jerry M. Medlin, William P. Elmore, Jr. and Linwood Parker from each of the Town of Benson, City of Dorm and Town of Four Oaks shall serve as ex-officio members for a period of three (3) years, even if they are no longer serving as Mayor of their respective Town or City to promote continuity of the Corporation. Ex-officio members of the Board shall have all rights and privileges of a Director of the Corporation, save the right to vote on questions. There shall be as many ex-officio members as shall from time to time be determined by the Board. Section 14. Voting Rights, Attendance, Proxies. Consistent attendance at Board meetings is recognized as critical to the success of the Corporation and to the implementation of all policies and programs. To promote attendance, the following provisions are made: (a) The members of the Board holding public office may designate others from their respective town organization to attend Board meetings, either as representatives of their organization in the Board member's absence or as additional representatives for the purpose of coordination and communication. However, such designees shall not have the authority to cast the vote of the Director in his/her absence. ARTICLE IX Officers and Staff Section 1. Designating Officers. The Officers of the Corporation shall be the Chair, the Vice Chair, Treasurer, and Secretary, all of whom, beginning in the term commencing on their election and shall serve for a two (2) year term and until such time as their successors are duly elected and qualified. The President shall also be an officer of the Corporation. Section 2. Duties of Officers. (a) Chair: The Chair shall serve as the Chair of the Board of Directors and shall preside at all meetings of the Board of Directors. The Chair shall determine committee chairs and assist in the selection of committee personnel. (b) Vice Chair: The Vice Chair shall exercise the powers and authority and perform the duties of the Chair in the absence or disability of the Chair. (c) The Treasurer is responsible for the monitoring of receipts and disbursements of all funds by the Corporation. The Treasurer shall cause quarterly reports to be submitted to the Board and cause an annual audit of finances to be conducted by a Certified Public Accountant as the Board of Directors may authorize. (d) Secretary: The Secretary shall be responsible to ensure accurate and timely recording of the minutes of each meeting of the Board of Directors. The Secretary is responsible to ensure minutes are prepared and presented to the Board for review and approval with modifications as may be necessary. Section 3. Officers: The officers of the Corporation shall be vested with authority to administer and implement duties, responsibilities and directives in conformity with their respective offices in furtherance of the purposes set forth in the By -Laws and the Corporation's Articles of Incorporation. The officers of the Corporation shall be assisted in the performance of their duties by the President. Any person selected by the Board of Directors may be removed by the Board of Directors, whenever in its judgement the best interests of the Corporation would best be served thereby, the Board making recommendation to the appointing Board, but such removal shall be without prejudice to the contract rights, if any, of the person so removed. Section 4. Duties of the President. The President shall be the chief executive officer of the Corporation and, subject to the control of the Board of Directors and the Executive Committee, shall in general supervise and control the day — to — day business and affairs of the Corporation. The President may sign any deeds, mortgages, bonds, contracts, or other instruments which the Executive Committee has authorized to be executed, except in cases where the signing and execution thereof shall be expressly delegated by the Board of Directors or by these By -Laws to some other officer or agent of the Corporation, or shall be required by law to be otherwise signed or executed; and in general shall perform all duties incident to the office of President and such other duties as may be prescribed by the Board of Directors from time to time. ARTICLE X Contracts, Loans, Checks, and Deposits Section 1. Contracts. The Board of Directors may authorize any officer or officers or agent or agents to enter into any contract or execute and deliver any instruments in the name and on behalf of the Corporation, and such authority may be general or confined to specific instances. Section 2. Loans. Except for loans which are incurred in the ordinary course of business, no loans shall be contracted on behalf of the Corporation and no evidences of indebtedness shall be issued in its name unless authorized by a resolution of the Board of Directors. Such authority may be general or confined to specific instances. Section 3. Checks and Drafts. All checks, drafts or other orders for the payment of money, notes or other evidences of indebtedness issued in the name of the Corporation shall be signed by 7 the Treasurer and the Chair of the Corporation and in such manner as shall from time to time be determined by the Chair or by resolution of the Board of Directors. Section 4. Deposits. All funds of the Corporation not otherwise employed shall be deposited from time to time to the credit of the Corporation in such banks, trust companies, or other depositories as the Board of Directors, the Chair, or the President may select. ARTICLE XI Indemnification Section 1. Authority. The Corporation shall to the fullest extent permitted by the State of North Carolina Nonprofit Corporation Act of 1993 indemnify the Directors and officers and all persons whom it may indemnify pursuant thereto so long as such persons have conducted themselves in good faith and reasonably believed their conduct not to be opposed to the Corporation's best interests. Section 2. Insurance. The Corporation shall purchase and maintain insurance on behalf of any person who is or was a Director, officer, employee or agent of the Corporation, or who, while a Director, officer, employee or agent of the Corporation is or was serving at the request of the Corporation as a Director, officer, partner, trustee, employee, or agent or another corporation, partnership, joint venture, trust, employee benefit plan or other enterprise against liability asserted against or incurred by him or her in that capacity or arising from his or her status as such, whether or not the Corporation would have the power to indemnify him or her against the same liability under § 55A-8-51, Authority to Indemnify, (a— f) of the North Carolina Nonprofit Corporation Act of 1993. ARTICLE XII Amendments These By -Laws may be amended or repealed and new By -Laws may be adopted by the vote of two-thirds (2/3)of all members of the Board of Directors. Any notice of a meeting of which these By -Laws are to be amended or repealed or new By -Laws adopted shall include notice of such proposed action. The Board of Directors may authorize, amend, or restate operating guidelines, plans, practices, and/or procedures from time to time in order to effectively implement the purposes of the Corporation. ARTICLE XIII Regulation The regulation of the business and conduct of the affairs of the Corporation shall conform to federal and state income tax laws and any other applicable federal and state law, and such regulation shall be determined by these By -Laws, as they may be amended from time to time. In M the interpretation of these By -Laws, wherever reference is made to the United States Code (U.S.C.), the Internal Revenue Code, The North Carolina Code, or any other statute, or to any section thereof, such reference shall be construed to mean such Code, statute or section thereof, and the regulations thereunder, as the case may be, as heretofore or hereafter amended or supplemented or as superseded by laws covering equivalent subject matter. ARTICLE XIV Seal The Corporation may have a corporate seal as determined by the Board of Directors, including inscription thereon of the name of the Corporation, the year of its incorporation, and the name of North Carolina pursuant to the laws of which the Corporation was organized. ARTICLE XV Tax Exempt Status Section 1. Prohibitions. No part of any earnings of the Corporation may accrue to the benefit of or be distributed to its members, directors, or other persons, except that the Corporation is authorized and empowered to pay reasonable compensation for services rendered to its employees, consultants, and contractors and to make payments for services and supplies in furtherance of its purposes. The Corporation may not engage in activities concerned with propaganda or other attempts to influence legislation, and may not participate or intervene in political campaigns or activities on behalf of any candidates for public office. Notwithstanding any other provisions of the By-laws, the Corporation may not carry on any other activities not permitted to be carried on by a corporation: (a) exempt from federal Income tax under Section 501(c)(3) of the Internal Revenue Law; (b) exempt from taxation under State law, or (c) contributions to which are deductible under Federal or State law. Section 2. Dissolution. The Corporation may be dissolved and its business and affairs terminated upon a vote of two-thirds majority of its members at a meeting of which published notice or written notice mailed to each member shall be given. Such notice shall state the purpose of the proposed meeting. A certificate stating such facts shall be filed with the Secretary of State. In the event of dissolution of the Corporation, the Board, after paying or making provisions for the payment of all liabilities, must dispose of all assets of the Corporation exclusively for the purpose of the Corporation, as set forth in Article IV, in such manner as the Board deems appropriate. This disposition may include disposition to any other organization(s) organized and operated exclusively for charitable purposes, which at the time is qualified as an exempt organization or organizations under Section 501(c)(3), and 170(c)(2) of the Internal Revenue Code or any similar provision of North Carolina law and any corresponding future United States Internal revenue Law or North Carolina law. All remaining funds of the Corporation, after the payment of all outstanding liabilities shall be distributed equally to the Town of Benson, Town of Four Oaks and City of Dunn in the event of a dissolution. Any assets not so disposed must be disposed by the appropriate court in the county in which the principal office of the Corporation is located, exclusively for the Purposes stated in Article IV. w ARTICLE XVI Fiscal Year The fiscal year of the Corporation shall end on June 30 of each calendar year unless otherwise determined by the Board of Directors. ARTICLE XVII Waiver of Notice Except as otherwise provided by law, whenever any notice is required to be given to any Member or Director of the Corporation under the provisions of the North Carolina Code, or under the provisions of the Articles of Incorporation or By -Laws of the Corporation, a waiver thereof in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein, and delivered to the Corporation for inclusion of filing with the minutes or corporate records, shall be equivalent to the giving of such notice. ARTICLE XVIII Miscellaneous Any male noun or pronoun that may appear in these By -Laws shall be understood to refer to persons of either sex. ARTICLE XIX Conflict of Interest Sectionl. Purpose. The purpose of the conflict of interest policy is to protect the Corporation's tax exempt interest when the Corporation is contemplating entering into a transaction or arrangement that might benefit the private interest of a Director or an Officer or might result is a possible "excess benefit transaction". This policy is intended to supplement but not replace any applicable state and federal laws governing conflict of interest applicable to nonprofit and charitable organizations. Section 2. Definitions. For the purposes of this Article, the following terms have the meanings as ascribed. (a) "Board" means the Board of Directors and includes committees with Board of Directors — delegated powers. (b) "Compensation" means direct and indirect remuneration as well as gifts or favors that are not insubstantial. 10 (c) "Financial interest' means a situation in which a person has, directly or indirectly, through business, investments, or family: an ownership or investment in any entity with which the Corporation has a transaction or arrangement; ii. a Compensation (defined below) arrangements with the Corporation or with any entity or individual with which the Corporation has a transaction or arrangement; iii, a potential ownership or investment in, or Compensation arrangement with, any entity or individual with which the Corporation is negotiating a transaction or arrangement. (d) "Interested Person" means any Director or Officer who has a direct or indirect Financial Interest (defined below) The existence of a Financial Interest is not necessarily a conflict of interest, Under Section 3, subpart (b), a person who has a Financial Interest may have a conflict of interest only if the Board decides that a conflict of interest exists. Section 3. Procedures. (a) Duty to Disclose. In connection with any actual or possible conflict of interest, an Interested Person must disclose the existence of the Financial Interest and be given the opportunity to disclose all material facts to the Directors considering the proposed transaction or arrangement. (b) Determining Whether a Conflict of Interest Exists. After disclosure of financial interest and all material facts, and after any discussion with the Interested Person, the Interested Person must leave the Board meeting while the determination of a conflict of interest was voted on. The remaining Directors shall decide if a conflict of interest exists. (c) Procedures for Addressing the Conflict of Interest. An Interested Person may make a presentation at the Board meeting, but after the presentation, the Interested Person must leave the meeting during the discussion of, and the vote on, the Transaction or arrangement involving the possible conflict of interest. ii. The Chairperson of the Board shall, if appropriate, appoint a disinterested person or committee to investigate alternatives to the proposed transaction or arrangement. 11 iii. After exercising due diligence, the Board shall determine whether the Corporation can obtain, with reasonable efforts, a more advantageous transaction or arrangement from a person or entity that would not give rise to a conflict of interest. iv. If a more advantageous transaction or arrangement is not reasonably possible under circumstances not producing a conflict of interest, the Board shall determine by a majority vote of the disinterested Directors whether the transaction or arrangement is in the Corporation's best interest, for its own benefit, and whether it is fair and reasonable. In conformity with the above determination it shall make its decision as to whether to enter into the transaction or arrangement. (d) Violations of the Conflict of Interest Policy. i. If the Board has reasonable cause to believe a Director has failed to disclose actual of possible conflicts of interest, it shall inform the Director of the basis for that belief and afford the Director an opportunity to explain the alleged failure to disclose. ii. If after hearing the Director's response and after making further investigation as warranted by the circumstances, the Board determines the Director has failed to disclose an actual or possible conflict of interest, it shall take appropriate disciplinary and corrective action. Section 4. Records of Proceedings. The minutes of the Board shall contain: (a) The names of the persons who disclosed or otherwise were found to have a Financial Interest in connection with an actual or possible conflict of interest, the nature of the Financial Interest, any action to determine whether a conflict of interest was present, and the Board's decision as to whether a conflict of interest in fact existed. (b) The names of persons who were present for discussion and votes relating to the transaction or arrangement, the content of the discussion, including any alternatives to the proposed transaction or arrangement, and a record of any votes taken in connection with the proceedings. Section 5. Compensation. (a) A Director who receives Compensation, directly, or indirectly, from the Corporation for services is precluded from voting on matters pertaining to that Director's Compensation. 12 (b) A Director, whose jurisdiction includes Compensation matters and who receives Compensation, directly or indirectly, from the Corporation, either individually or collectively is prohibited from providing information to the Board regarding Compensation and is precluded from voting on matters pertaining to that Director's Compensation. Section 6. Annual Statements. Each Director and Officer shall annually sign a statement which affirms that that person: (a) Has received a copy of the conflicts of interest policy; (b) Has read and understands the policy (c) Shall disclose any potential conflict(s) of interest (d) Has agreed to comply with the policy; and (e) Understands the Corporation is a nonprofit entity and to maintain its federal tax exemption it must engage primarily in activities which accomplish one or more of its tax — exempt purposes. Section 7. Periodic Reviews. To ensure the Corporation operates in a manner consistent with charitable purposes and does not engage in activities that could jeopardize its tax — exempt status, the Board shall conduct periodic reviews. The periodic reviews must, at a minimum, include the following: (a) whether Compensation arrangements and benefits are reasonable, based on competent survey information, and the result of arm's length bargaining; and (b) whether partnerships, joint ventures, and arrangements with management organizations conform to the Corporation's written policies, are properly recorded, reflect reasonable investment or payments for goods and services, further nonprofit purposes and do not result in inurement, impermissible private benefit or in an excess benefit transaction. Section 8. Use of Outside Advisors. When conducting the periodic reviews as provided for in Section 7, the Corporation may, but need not, use outside advisors. If outside advisors are used, their use shall not relieve the Board of its responsibility for ensuring periodic reviews are conducted. IN ADOPTED this day of 20201. I-95/I-40 Crossroads of America Economic Development Alliance, Inc. 10 Chair m Exhibit D SEE ATTACHED DIAGRAM AND DEPICTION OF ALLIANCE FACILITIES DUNN LW_DQNN ti City Council Agenda Meeting a11Date; N 2021 1 SUBJECT TITLE: Conditional Use Request CUP-02.21 Adams & Hodge Engineering (Applicant) Ropestar Events, LLC (Owner) PIN:1526.25-9378.000 and 1526-26.4072.000 NC 55 EaTrT= Presenter: George Adler Department: Plannina & Zonina Description: Notice of Public Hearing, Staff Report, Pictures Attachment: X Yes No & Maps and Rezoning Application Public Hearing Advertisement Date: April 20th and April 27th, 2021 0g70611 a) Public Hearing: This is a request to allow an RV park/Campground as a conditional use of property zoned 1-100, Industrial District. These two parcels total approximately 55.22+/- acres and are located off NC 55 East beside Rooms to Go. Attached you will find the Staff Report, a map of the property, a draft site plan, and other pertinent information for your review. b) Decision BACKGROUND: The Planning Board met on April 27, 2021 to review the request and ask for comments from the public. The Planning Board voted unanimously to approve this request. BUDGET IMPACT: None PLANNER'S RECOMMENDATION or COMMENTS Here (in BOLD) are some example findings of fact for your consideration to amend as needed, The findings need to be stated for the record during the meeting. With due regard to the nature and state of all adjacent structures and uses, the district within which such use is to be located and official plans for future development, the City Council shall make written findings that the following provisions are fulfilled: 1. The use requested is listed among the conditional uses in the district for which the application is made, The use requested —RV parks/Campground—is listed among the conditional uses in the Dunn City Code at Section 22.461(11)(a). 2. The requested use is essential or desirable to the public convenience or welfare. The properties are located between 1.95 and NC 55, providing easy access to 1.95 Exit 73 less than a mile away via NC 55. Approximately half the property is a 22-acre pond. This location on 1.95, between population centers to the north and Florida to the south is well situated as a resting place for the RV traveling public. The closest RV parks currently are approximately 10 miles to the north near Benson and 14 miles to the south near Wade. An RV park at this location in Dunn will enhance public convenience and should increase tourism that will benefit local businesses in Dunn. 3. The requested use will not impair the integrity or character of the surrounding or adjoining districts, nor be detrimental to the health, morals, or welfare. An RV campground will not detract from the character of the adjoining districts and should preserve the rural feel of the area. The pond will remain and, combined with proposed improvements, create "viewscapes" to enhance the view from roadways and adjacent properties. The parcels' wooded areas will be altered only enough to establish the campsites and road system, leaving a large portion for walking trails and buffering. Extra buffering will be required between the RV park and adjacent residential parcels. 4. The requested use will be in conformity with the land development plan, The Future Land Use Map anticipated the area east of 1.95 in the vicinity of the property to remain agricultural/open space in 2030. But the Future Land Use Map, completed in 2005, couldn't foresee the changes the economy would go through. The zoning was changed to 1.100 in 2013 to amend the zoning map to reflect the current use of properties and the 2030 land use plan. An RV park is a permitted conditional use in the 1-100 Industrial District. The preliminary site plan developed for the RV park, as of April 23, 2021, conforms to the requirements in Chapter 22, Article VIII: Travel Trailers and Trailer Campgrounds and meets all requirements to allow for a conditional use permit. 5. Adequate utilities, access roads, drainage, sanitation, and other necessary facilities have been or are being provided. City water is accessible to the site from a water line near 1-95; sewer as well. Access to the property will be from NC 55, where a NCDOT approved drive way access currently is. Storm water conveyance, storage, and treatment will be designed to meet the City of Dunn's storm water requirements. Solid waste will be collected by a private company. Access to all utilities currently exist or can be provided. RECOMMENDATION/ACTION REQUESTED: Motion to grant/deny the conditional use of an RV Park/Campground to the parcelspresented for consideration based on the application, the evidence submitted, and the findings of fact as presented. NOTICE OF PUBLIC HEARINGS # 1 NOTICE IS HEREBY GIVEN that a PUBLIC MEETING will be held by the CITY OF DUNN PLANNING BOARD on APRIL 27, 2021 at 6:30 P.M. and a PUBLIC HEARING for the Conditional Use Application will be held by the CITY COUNCIL OF THE CITY OF DUNN on MAY 11, 2021 at 7:00 P.M. in the COURTROOM of the DUNN MUNICIPAL BUILDING for the purpose of considering the following item: CONDITIONAL USE APPLICATION CUP-02-21 Adams & Hodge Engineering, PC (Applicant) Ropestar Events, LLC (Owner) PIN#i 1526-25-9378.000 and 1526-26-4072.000 This is a request to allow a RV Park/Campground as a conditional use of a property zoned 1-100, Industrial District. This property is 55.22 +/- acres and is located near NC 55 East beside Rooms to Go. Public Comment Period- Comments, not in -person, can be called in, delivered or emailed to the City Cleric by Monday, May 10, 2021, 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, not in -person, can be called in, delivered or emailed to the City Clerk by Monday, May 10, 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 Cleric to sign up and receive instructions by the above stated time. #2 NOTICE IS HEREBY GIVEN that PUBLIC MEETINGS will be held by the CITY OF DUNN PLANNING BOARD on APRIL 27, 2021 at 6:30 P.M. and on May 25, 2021 and a PUBLIC HEARING will be held by the CITY COUNCIL OF THE CITY OF DUNN on June 8, 2021 at 7:00 P.M. in the COURTROOM of the DUNN MUNICIPAL BUILDING for the purpose of considering the following item: ORDINANCE AMENDMENT REQUEST OA-01-21 Chapters 20 & 22 and Chapters 2 & 9 of the City of Dunn Code of Ordinances This is a request to amend the Dunn City Code to comply with Chapter 160D requirements of the North Carolina General Statutes. Amendments will be reviewed by the Planning Board in two parts: Part A: April 27 at 6:30 pm: Chapter 20-Subdivision of Land and Chapter 22-Zoning; and Part B: May 25 at 6:30 pm: Chapter 9--Flood Damage Prevention and Chapter 2-Administration, Article IV. Boards, Commissions, and Committees. The PUBLIC HEARING for all these Ordinance Amendments (Parts A & B) will be held June 8, 2021 during the regularly scheduled City Council meeting. Public Comment Period for ZONING AMENDMENT - Comments, not in -person, can be called in, delivered or emailed to the City Clerk by Monday, June 7, 2021, 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 for ZONING AMENDMENT - Comments, not in -person, can be called in, delivered or emailed to the City Cleric by Monday, June 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. SPECIAL NOTICE REGARDING MEETING ACCESS DUE TO STATE OF EMERGENCY In an effort to reduce the spread ofCovid-19 and to abide by the Governor's Executive Order204, in - person access to the Council meeting will continue to be limited to allow far social distancing. Face Coverings are required by all in attendance. The Council Meeting will be available for live public viewing on Facebook - The City of Dunn, NC page. Copies of the proposed items are available for review at the DEPARTMENT OF PLANNING during normal business hours Monday through Friday. Written comments may be addressed to: PLANNING DEPARTMENT CITY OF DUNN P.O. BOX 1065 DUNN, NC 28335 ADVERTISE: April 20, 2021 April 27, 2021 REZONING STAFF REPORT Case: CUP-02-21 George Adler, Planning Director gadler@dunn-nc.org Phone: 910-624-6749 Fax: 910-230-9005 ®_ ) N'N Planning Board Meeting: April 27, 2021 City Council Meeting: MaV 11, 2021 Requesting Conditional Use: RV Park/Campground as a conditional use of properties zoned 1-100, Industrial District. Applicant Information Owner of Record: Name: Ropestar Events, LLC Address: 111 West Main Street City/State/Zip: Garner, NC 27529 Applicant: Name: Adams & Hodge Engineering, PC Address: 1910 South Elm Avenue City/State/Zip: Dunn, NC 28334 Property Description PIN(s): 1526-25-9378.000 Acreage: 55.22 acres (2,405,383 square feet) Address: INC 55 East (beside Rooms to Go) —No address has been assigned These properties are accessed from NC 55 East. The parcel closest to 1-95 is wetlands. Approximately half the property consists of a large pond. The property is currently unimproved, with a sanitary sewer easement running from NC 55 to 1-95. Page 1 of 5 STAFF REPORT Vicinity Map Physical Characteristics Maps / Photos See Attachments 1, 2, and 6. Physical Characteristics Description These properties are located east of 1-95. They are vacant and unimproved. In addition to a large open area, the parcels include wooded wetlands and an approximatelV 22-acre body of water. The uses surrounding the subject properties to the northwest, west, and northeast are industrial. The properties to the south southeast along NC 55 are residential. Services Available Water: ✓ Public (City of Dunn) ❑ Private (Well) ❑ Other: Unverified Dunn public utilities are available. Transportation Sewer: ✓Public (City of Dunn) ❑ Private (Septic Tank) ❑ Other: Unverified 0.4 miles east of the proposed site on NC 55 East, at West Core Road, the NCDOT average annual daily traffic count (AADT) was 4,100 in 2019 1.73 mile away at 421 and White Line Road, the AADT was 11,000 in 2019. The entrance to 1-95 Exit 73, is less than a mile west of the proposed site. Zoning District Compatibility The following is a summary list of general uses, for See Current Zoning Attachment 3. actual permitted uses refer to the Zoning Ordinance. CURRENT Industrial REQUESTED Conditional Use requested Warehousing X Freight terminal offices & warehouses X See Building trades & services X Attachments Outside storage X 1 and 2. Brewery X Convenience stores/ gasoline service stations X Manufacturing X RV Park/Campground X Page 2 of 5 STAFF REPORT Evaluation -1/ ® The amendment, if small scale, is reasonable based upon surrounding Yes No conditions. REASONING: Current uses in the immediate area include: adjacent to the southwest residential near NC 55, unimproved woods near 1-95; to the northwest is 1-95• to the northeast Rooms to Go is on the other side of the pond; south of Rooms to Go are a few residential dwellings; across NC 55 there are a few residential dwellings. The RV Park should not negatively impact the surrounding area. The improvements made on the Property should enhance the area. V L3 The impact to the adjacent property owners and the surrounding Yes No community is reasonable, and the benefits of rezoning outweigh any potential inconvenience or harm to the community. REASONING: Minimal to no impact to adjacent property owners is anticipated Buffering will be required wherever the RV Park abuts residential parcels. The benefit to the community of recreational and local business opportunities outweighs any inconveniences. I/ F1 The amendment is warranted due to changed or changing conditions Yes No in the area. REASONING: The conditional zoning use requested is permitted by the Dunn CitV Code at 22-461 (11) a. Adding this conditional use as an RV Park supports good planning. I/ ❑ The amendment achieves the purpose and is consistent with the Land Yes No Use Plan. REASONING: The Future Land Use Map (see Attachment 5) was amended in 2013 to zone these parcels 1-100 (see Attachment 4). RV Parks are a permitted conditional use in 1-100. The addition of a conditional use for an RV Park on these parcels does conform to the Future Land Use Plan. Suggested Statement -of -Consistency (Staff concludes that...) The Future Land Use Map on page 86 of the 2030 Land Use Plan, completed in 2005,_anticipated the parcels on NC 55 next to Rooms to Go as agricultural/open space. However, the Land Use Plan was amended in 2013 to show the area as 1-100 to reflect the current use of properties and the 2030land use plan Adding the conditioned use of RV Park is a permitted conditional use in the Dunn City Code at Section 22-461 (11) a Staff concludes that allowing the conditioned use to this property is consistent with the Land Use Plan and is anticipated to create no foreseeable negative impact to adjacent property owners. Page 3 of 5 STAFF REPORT Site Photographs Please see Attachment 1, 2, and 6. Page 4 of 5 STAFF REPORT Traditional Standards of Review and Worksheet The Planning Board shall consider and make recommendations to the City Council concerning each proposed zoning district. The following policy guidelines shall be followed by the Planning Board concerning zoning districts and no proposed zoning district will receive favorable recommendation unless: ❑ ❑ A. The proposal will place all property similarly situated in the area in the same Yes No category, or in appropriate complementary categories. ❑ ❑ B. There is convincing demonstration that all uses permitted under the proposed Yes No district classification would be in the general public interest and not merely in the interest of the individual or small group. ❑ ❑ C. There is convincing demonstration that all uses permitted under the proposed Yes No district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) ❑ ❑ D. There is convincing demonstration that the character of the neighborhood will Yes No not be materially and adversely affected by any use permitted in the proposed change. ❑ ❑ E. The proposed change is in accordance with the comprehensive plan and sound Yes No planning practices. ❑ GRANTING THE REZONING REQUEST Motion to grant the rezoning upon finding that the rezoning is reasonable based on All of the above finding of fact A-E being found in the affirmative and that the rezoning advances the public interest. ❑ DENYING THE REZONING REQUEST Motion to deny the rezoning upon finding that the proposed rezoning does not advance the public interest and is unreasonable due to the following: ❑ The proposal will not place all property similarly situated in the area in the same category, or in appropriate complementary categories. ❑ There is not convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of the individual or small group. ❑ There is not convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) ❑ There is not convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. ❑ The proposed change is not in accordance with the comprehensive plan and sound planning practices. ❑ The proposed change was not found to be reasonable for a small scale rezoning. Page 5 of 5 STAFF REPORT Findings of Fact: CUP-02-21 ✓ Yes ❑ No The use requested is listed among the conditional uses in the district for which the application is made. REASONING: The propertV is currently zoned 1-100, Industrial District. RV Campgrounds (Trailer Parks) are listed as a permitted conditional use in 1-100 districts in the Dunn City Code at Section 22-461 (11) (a). ✓ Yes ❑ No The requested use is essential or desirable to the public convenience or welfare. REASONING: The properties are located between 1-95 and NC 55, next to Rooms to Go, providing easV access to 1-95 Exit 73 less than a mile away via NC 55. Approximately half the propertV is a 22-acre pond providing recreational opportunities and aesthetic views These parcels' location on 1-95, between the population centers to the north and Florida to the south is well situated as a resting place for the RV traveling public. The closest RV parks currently are approximately 10 miles to the north near Benson and 14 miles to the south near Wade. An RV Park atthis location in Dunn will enhance public convenience. An RV Park at this location should increase tourism that will benefit local businesses in Dunn. ✓ Yes ❑ No The requested use will not impair the integrity or character of the surrounding or adjoining districts, nor be detrimental to the health, morals, or welfare. REASONING: An RV campground will not detract from the character of the adjoining districts and should preserve the rural feel of the area. The pond will remain and, combined with proposed improvements create "viewscapes" to enhance the view from roadways and adjacent properties. The parcels' wooded areas will be altered only enough to establish the campsites and road system, leaving a large portion for walking trails and buffering. Buffering will be required between the RV Park and the adjacent residential parcels. ✓ Yes ❑ No The requested use will be in conformity with the land development plan. REASONING: The Future Land Use map anticipated the area east of 1-95 in the vicinity of the propertV to remain agricultural/open space in 2030. But the Future Land Use Map completed in 2005 couldn't foresee the changes the economy would go through. The zoning was changed to 1-100 in 2013 to amend the zoning map to reflect the current use of properties and the 2030land use plan An RV park is a permitted conditional use in the 1-100 Industrial District. The preliminary site plan developed for the RV Park, as of April 23 2021 conforms to the requirements in Chapter 22, Article Vill: Travel Trailers and Trailer Campgrounds and meets all requirements to allow for a conditional use permit. CUP-02-21 NC SS East beside Rooms to Go STAFF REPORT ✓ Yes ❑ No Adequate utilities, access roads, drainage, sanitation, and other necessary facilities have been or are being provided. REASONING: CitV water is accessible to the site from a water line near 1-95; sewer as well Access to the property will be from NC 55, where a NCDOT approved drive way access currently is. Storm water conveyance, storage and treatment will be designed to meet the City of Dunn's storm water requirements. Solid waste will be collected by a private company. Access to all utilities currentlV exist or can be provided. CUP-02-21 NC 55 East beside Rooms to Go STAFF REPORT Eli N m h IQ c 0 N c a) L i U ZY N w N in bA M W 3 0 =_ > -0to m cc s s on ON O O O CL N y N y i H a -� a c s Q. Ti C�• 4.1 U north carolinn I�Lu of tV of, Clllnn For Planning Department Use Only Case Number CUP-VZ V Date Received Fee Paid j(JD Board Meeting 2" t 2i City Council Meeting t 1 21 CONDITIONAL USE APPLICATION OWNERSHIP INFORMATION: Applicant: Adams & Hodge Engineering, PC ) 243 - 1332 Applicant's Legal Interest in Property: Owner's Agent Applicant's Address: 314 E Main St., Clayton, NC 27520 Property Owner: Ropestar Events, LLC Phone Number: ( 919 Owner's Address; III W Main St, Garner, NC 27529 Date Property Acquired: 9/3/2019 Deed Reference: Boole 3732 Page 0821 Tax PIN Number: 1526 - 25 - 9378 .000 Size (Sq. Ft. or Acres) 55_22 Street Frontage (ft) 967.6 Location/Address: NC 55 E Beside Rooms To Go (No address listed Attach a legal description (Metes and Bounds Description) of the area requested. CONDITIONAL USE REQUEST: A. Proposed Conditional Use: Campground Number of parking spaces provided: 143 Driveway/Road Access: Yes off NC 55 E B. Land Uses Existing Zoning: I-100: Industrial District Existing Land Uses on Property: Vacant 2. Existing or proposed land uses on all adjoining properties: North Interstate 95 South NC 55 East Commercial West Vacant C. Statements of Justification: (City Code, Article IX of Chapter 22) Attach a statement justifying the following: 1) The use requested is listed among the conditional uses in the district for which the application is made. 2) The requested use is essential or desirable to the public convenience or welfare, 3) The requested use will not impair the integrity or character of the surrounding or adjoining districts, nor be detrimental to the health, morals, or welfare. 4) The requested use will be in conformity with the land development plan. 5) Adequate utilities, access roads, drainage, sanitation, and other necessary facilities have been or are being provided. 0 ADJOINING PROPERTY OWNERS (WITHIN 100 FEET OF REQUESTED CHANGE) NAME MAILING ADDRESS PIN NUMBER 1. Rooms To Go Distribution Co 400 Perimeter Center Terrace 1526 - 46 - 8343 .000 Suite 800, Atlanta GA 30346 LLC 2, Earl W Jones & Buck Jones 720 Viewmont Dr. Asheboro. 1526 - 15 - 378 .000 NC 27205 3, Carolina Power and Light & PO Box 1551, Raleigh, i, NC 1526 - 15 - 7130 .000 27602 Attn: Tax Dept. 4, Corbett F Blackman 13 t 8 Arrowhead Rd, Dunn, NC 1526 - 14 - 9526.000 28334 S. Alfredo Titocci 11223 NC 55 E, Dunn, NC 1526 - 73 — 73 .000 28334 6. Lakeside Pike Properties 1 Ile 400 Perimeter Center Terace Ste 1526 - 45 - 4121 .000 800, Atlanta, GA 30346 7. Date Robertson Lucas & Kim 11477 NC 55, Dunn, NC 28334 1526 - 44 -1696 .000 Shawn Lucas 8. Dorothy J Godwin 230 Dorman Rd. Dunn, NC 1526 - 43 - 8881 .000 28334 9, Tony Paul Beasley & Sandra 2002 E Elm Ave, Dunn, NC 1526 - 33 - 7535 .000 28334 Beasley 10. Ronnie Denton & Mary Denton 11280 NC 55 E Dunn, NC 1526 - 34 - 2123 .000 28334 11. Guy Richard Beretich Jr. & 220 HI Elizabeth St., Chapel 1526 - 23 - 8913 .000 NBC 27514 Hill Melissa Anne Beretich 12. .000 OWNER'S CERTIFICATION I (We) do hereby certify that: I am (We are) the owners or authorized agent of the property described in this application for conditional use permit and have attached copies of deed, title reports or other documents as proof of ownership, I (we) have read the conditional use procedures, requirements and have truthfully completed this application for a conditional use permit, I (we) understand that the filing fees are non-refundable; the process to review conditional use cases includes public hearing and review by both the Planning Board and the, City Council. I (we) understand any action to approve our request is at the discretion of the Planning Board and the City Council and additional requirements may be imposed as determined necessary, 14;�7 '�/ 1,121 S' nature Date D_ Sworn to and subscribed before me this r day of 20 f' . AMYCORDRY Notary Public, North Ceroiina Wake County My CcrnMIS SIeR Expires Apr1l 23, 20M My Comr RV Campground Dunn, North Carolina March 21, 2021 Item Not The use requested is listed among the conditional uses in the district for which the application is made. The existing zoning of the property is 1-100 Industrial. RV Campgrounds (Trailer Parks) are listed as a use by issuance of a conditional use permit. In addition, recreational uses (campground) are a permitted use in the 1-100 district. Item No 2 The requested use is essential or desirable to the public convenience or welfare. The property is located adjacent to Interstate 95 and NC 55 which provides an excellent location for a RV campground to not only serve the traveling public on 1-95 but will also serve the local population. Approximately one half of the property is comprised of a lake that will not only provide recreational opportunities but will provide aesthetic enhancement to the RV campground and adjacent properties. Dunn is almost half way between the population centers of the Northeast and Florida and is ideally positioned to provide a resting place for the RV traveling public. As a result, Dunn should experience an increase in tourism and local businesses (primarily restaurants and shops) should benefit from the construction of the RV campground. Item No 3 The requested use will not impair the integrity of character of the surrounding or adjoining districts nor be detrimental to the health, morals or welfare. The RV campground will actually support and enhance the character of the surrounding districts by preserving much of the existing character of the tract of land. First the lake which exists on the property is to remain and be enhanced by cleaning up unwanted vegetation and creating 'viewscapes' that will enhance the view from the roadways and adjacent properties, The wooded area that presently exists will be impacted only enough to establish the campsites and drives with a large portion being retained for walking trails and buffering. Health and welfare of the public are taken Into consideration by providing properly designed stormwater, public water and public sewer systems for the campground, protecting the campground user as well as the adjacent properties. Solid waste will be collected daily and stored in bulk containers and then disposed of on a regular basis. Item No 4 The requested use will be in conformity with the land development plan. The land development plan calls for the general area of the property to be developed into an agricultural/open space use. The existing zoning (1-100), at first glance may appear to be in conflict with the agricultural/open space use stated in the land use plan, but not really. Recreation is a permitted use In the 1-100 district and a campground is definitely a recreational use. Trailer parks are also allowed as a conditional use in the 1-100 district. Since a RV campground is a specialized trailer park that caters to the traveling public it qualifies as a condition use in the 1-100 district. Therefore, by zoning an approval of a RV campground is allowed. In addition, the land use plan calls for uses in the ETJ to be at least 50% open space. The proposed design of the RV campground accomplishes this by the retention of the existing lake and the use of the wood area for walking trails. The location of the campground also places it near the proposed corridor in the Comprehensive Transportation Plan of the US 421 By -Pass. Alternate "D" of the By -Pass intersects NC 55 in the vicinity of West Care Road. The land use plan designates the future intersection of US 421 By -Pass and NC 55 as a Commercial Node. With the designation of the Commercial Node the development of the RV campground should be in keeping with the type of development that could be expected. Item No 5 Adequate utilities access roads drainage, sanitation and other necessary facilities have been or are being provided. Water and sewer that will serve the campground will tie into the City of Dunn water and wastewater system. Access to the property will be from NC 55 therefore NCDOT will permit and inspect the access point improvements to the property. NCDOT will determine if turn lanes will be required. Any roadway improvements will be designed and constructed to NCDOT standards. Storm water conveyance, storage and treatment will be designed to meet the City of Dunn's stormwater requirements. Solid waste will be collected daily from individual camp sites and place into a commercial solid waste containers and removed as necessary transferring the waste to a landfill or recycling facility. Otl 'a Nltl 33 N13 N3 1Vid ANtlNIWl3tld 9 {i d d ,... ..,.„.,m.,. aJOOH'G O� y3 Sava na NNna 8M d311S @B lg kAd B s�: 9 oa '.NlummmlmNm xn: x., ltlldAi3tlNIWIl3Hd { i 9�JOOH IS ® X8V I AU NNna�� amna3iis 88i���ii� : i 9 " § \n il W i It x 1 0 0 °�b Mo�S y��a/ RQ E x I x x >w xx x x i x ao x x Y+ R4 � x x l p ' ❑ x x x x x xl' �,� oa 0 000 all 15 x , � x x•�x x x x x x x x x x /i x x� x ®® �� �.,.+u: x x x�9'u \'�'\ x x x � �W � Of\ \has• -7tl 'a NltlaaNINN3-wimuinernm NVd3"090V1 aEJOOHIS Nf�atdnaNNnOm� avNiwnaad 8ai��A -dtO LIJ 9 9iis$3 �'/ ��,✓f' �,„ '".� .'1Sb3 SS �N ifs lied Q O all. $a° ok g� i�3gg A5'x 5 4 .§i' � e o o /� in inga F E M Him AM 41 I- S,891W % DUN1tl D 0` `u� oll„�i l9 �J iVl'� All•AmericaCity ,,(v , NN All -America City 1 1 City Council Agenda Form 1 ® Meeting ate. y , 0 i sav � zais luau * zats SUBJECT TITLE: Consideration of Ordinance to Demolish — 405 N. Elm Ave. PIN #: 1516-87-0692.000 Presenter: Chief Building Inspector Steven King Department: Planning and Inspections Description: Ordinance to Demolish Property Attachment: Was ❑ No Property History Pictures of Property Public Hearing Advertisement Date: 04/30/2021 & 05/04/2021 PURPOSE: a) Public Hearing: Consideration of Ordinance to Demolish Condemned Structure — 405 N. Elm Ave. (PIN #: 1516-87-0692,000). The Public Hearing was advertised on April 30th, and May 4rh, 2021. b) Purpose: Building Inspector Slater Johnson has conducted an inspection at 405 N. Elm Ave. and based upon his observations, the structure is unsafe and have been condemned in accordance with G.S. §160D-1117. The Building Inspector also found the structure 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. § 160D-1123, the City Council has the power to proceed with the demolition of this property. 1) Should Council decide to proceed with the demolition of the structures at 405 N. Elm Ave. an ordinance (which is attached) would need approval directing the Chief Building Inspector to remove or demolish said structures. 11eTi1:(el:Tell li!I BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Motion to adopt the ordinance directing the Building Inspector to proceed with the demolition of the structure located at 405 N. Elm Ave. (PIN #: 1516-87-0692,000) LEGAL NOTICE NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF DUNN, NORTH CAROLINA, UNDER AUTHORITY OF CHAPTER 160D, SECTION 601 OF THE GENERAL STATUTES OF NORTH CAROLINA, WILL HOLD A PUBLIC HEARING AT 7:00 P.M. ON MAY 11, 2021 IN THE COURTROOM OF THE DUNN MUNICIPAL BUILDING. THE FOLLOWING ITEMS WILL BE DISCUSSED: PUBLIC HEARING: (1 (2) A HEARING WAS HELD ON AUGUST 3, 2020 IN REFERENCE TO THE BUILDING(S) LOCATED AT 119 E. BROAD ST. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN'S NON-RESIDENTIAL MAINTENANCE CODE AND N.C.G.S. 160D-1129 AN ORDER WAS ALSO PLACED TO OWNER(S), DARLENE S. MCLEOD AND TERRY G. MCLEOD, TO REPAIR OR DEMOLISH SAID STRUCTURE. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE BUILDING(S) VACATED, CLOSED, AND DEEMED UNFIT FOR HUMAN HABITATION. (3) A HEARING WAS HELD ON JUNE 29, 2020 IN REFERENCE TO THE BUILDING(S) LOCATED AT 100 W. EDGERTON ST. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN NON-RESIDENTIAL MAINTENANCE CODE AND N.C.G.S. 160D -1129. AN ORDER WAS ALSO PLACED TO OWNER(S), WREN INDUSTRIES, LLC, TO REPAIR OR DEMOLISH SAID STRUCTURE. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE BUILDINGS(S) CLOSED AND VACATED, CLOSED, AND DEEMED UNFIT FOR HUMAN HABITATION. ALL PERSONS DESIRING TO BE HEARD EITHER FOR OR AGAINST THE PROPOSED ITEM(S) SET FORTH ABOVE ARE REQUESTED TO FOLLOW THE FOLLOWING PROCEDURES DUE TO COVID-19: - PUBLIC ACCESS WILL BE LIMITED TO ALLOW FOR SOCIAL DISTANCING. FACE COVERINGS ARE REQUIRED BY ALL IN ATTENDANCE. - COMMENTS FOR OR AGAINST THE PROPOSED ITEM WILL BE READ DURING THE PUBLIC HEARING, IF RECEIVED BY THE CITY CLERK BY 1:00 PM ON MAY 10, 2021. COMMENTS CAN BE CALLED IN TO (910) 230-3501 OR EMAILED TO TWILLIAMSA-),DUNN-NC.ORG. - TO CALL IN YOUR COMMENTS DURING THE PUBLIC HEARING, CONTACT THE CITY CLERK NO LATER THAN 1:00 PM ON SEPTEMBER 7, 2020 FOR INSTRUCTIONS. - THE MEETINGS CAN BE VIEWED — FACEBOOK LIVE — CITY OF DUNN, NC PAGE AND WILL BE ABLE TO HEARD OUTSIDE CHAMBERS FOR ANY PRESENTING IN PERSON. STEVEN ICING CHIEF BUILDING INSPECTOR CITY OF DUNN Advertise: April 30" and May 4"', 2021 - �...._.. -T 1 fi a w J vF = city of dunn PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3505 ° FAX (910) 230-9005 www.dunn-nc.org NOTICE OF PUBLIC HEARING DUNN CITY COUNCIL Terrance G. Snead Charles G. Malloy 2603 Swansong Lane Charlotte, NC 28213-2158 To Whom It May Concern: LOCATION OF DWELLING: 405 N. Elm Ave. (PIN #: 1516-87-0692.000) Mayor William P. Elmore, Jr. Mnyor Pro Tern Dr. David L. Bradham Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart Chuck Turnage City Manager Steven Neuschafer You are hereby notified that a Public Hearing will be held before the City Council of the City of Dunn at its Tuesday, May 11th, 2021 meeting at 7:00 pm at the City of Dunn Municipal Building, located at 401 E. Broad Street. Following the Public Hearing, the City Council will consider for decision, an ordinance to authorize the Chief Building Inspector to demolish said dwelling. This is the 30th day of April, 2021. Steven King Chief Building In ctor, City of Dunn DUNN AIFAmeNca Cib 1989'A'2013 � � + north Carolina D U N N City of dune PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3505 ° FAX (910) 230-9005 www.dtinn-nc.org PROPERTY HISTORY: 405 N. Elm Ave. (PIN #: 1516-87-0692.000) [Ward 2] Owner: Terrence G. Malloy Charles G. Malloy 2603 Swansong Lane Charlotte, NC 28213-2158 Overview: Mayor William P. Elmore, Jr. Mayor Pro Tem Dr. David L Bradham Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart Chuck Turnege City Manager Steven Neuschafer January 29, 2021— Property burned and significant fire damage occurred at the dwelling. Property has been vacant for some significant amount of time. February 4, 2021— Condemnation Notice sent to property owners notifying them of hearing date of February 121h, 2021. February 12, 2021— Hearing held at City of Dunn Planning and Inspections Department. Neither owner nor any party in interest attended the hearing. March 17, 2021 — Notice after hearing sent to property owners notifying them of a thirty (30) day time period in which they had to repair or demolish the structure. A letter explaining the process to appeal the Building Inspector's decision within ten (10) days was also sent at this time. March 27, 2021— Appeal time period of ten (10) days expire. No appeal received. April 26, 2021— Original time period of thirty (30) days expire. April 29, 2021— Site visit performed to check the status of dwelling. No action has been taken to repair or secure the dwelling and no one has contacted the Inspection Department in reference to this dwelling. May 11, 2021— Scheduled for City Council meeting. January 29t", 2021 Mayor north C a r o .l S n a William P. Elmore Jr. NN Mayor Pro'rem mbe Dr. David L Bradham Council Members DUJ. Wesley Sills city . 0 f d ll n n April L. Gaulden Frank McLean Billy N. Tart POST OFFICE BOX 1065 ^ DUNN, NORTH CAROLINA 25335 Chuck Turnage (910) 230-3500 a FAX (910) 230-3590 City Manager www.ditnn-ne.org 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. §160D-1117, ET SEQ. WHEREAS, that on February 4, 2021, the Building Inspector for the City of Dunn sent a notice to Terrance G. Snead and Charles G. Malloy, the owner(s) of record of the structures located at 405 N. Elm Ave. noting that the structures are in a condition that constitutes a fire and safety hazard, and are dangerous to life, health and property and were thereby condemned, pursuant to North Carolina General Statute §160D-1117, and noticed the property owner of a hearing on October 271h, 2020 at the office of the Building Inspector located at 102 North Powell Ave., Dunn, North Carolina pursuant to North Carolina General Statute §160D-1119; and WHEREAS, on February 12th, 2021 a hearing was conducted by the Building Inspector, Slater Johnson. Neither owner nor any party in interest attended the hearing. Following the completion of the hearing, the Building Inspector entered an Order, pursuant to North Carolina General Statute §160D-1120, declaring that the structures referenced above are in a condition that constitutes a fire or safety hazard and are dangerous to life, health or other property and ordering the property owner to repair or demolish the structures on the property within thirty (30) days of the date of such Order, being March 17th, 2021; and DUNN All -America Cite 1 I Am car mlinc 7na�Gers a 19N9 $ 2Qli WHEREAS, the owner of the above described structures did not appeal the Order of the Building Inspector within the ten (10) day time period prescribed in North Carolina General Statute § 160D-1121 and such Order is therefore a final Order; and WHEREAS, on April 301h, 2021 and May 41h, 2021, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on May IIth, 2021 to consider the adoption of this Ordinance, directing that the Building Inspector proceed with the demolition of the structures described hereby, and that all costs incurred shall be a lien against such property, pursuant to North Carolina General Statute § 160D-1123; and WHEREAS, the City Council of the City of Dunn, NC finds that the structures 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 structures should be removed or demolished, as directed by the Chief Building Inspector, and are 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 structures have been given a reasonable opportunity to repair or demolish the structures pursuant to an Order issued by the Building Inspector on December 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 structures 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 structures at the following address: 405 N. Elm Ave. Dunn, NC 28334 PIN #:1516-87-0692.000 PID #:02151608160004 Section 2. The Building Inspector is hereby authorized and directed to proceed to remove or demolish the above described structures in accordance with his Order to the owner thereof dated the 17th day of March, 2021 and in accordance with North Carolina General Statute § 160D-1123, 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 § 160D-1123. 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 11 "'day of May, 2021. William P. Elmore, Jr. Mayor Attest: Tammy Williams, CMC City Clerk 'Print this pagei. Harnett C. 0_ U_N T Y r ltitfil it CAR011f:i� 02151608160004 1516-87-0692.000 1: 0037757 Acreage: 1.000 LT ac id Acreage: 0.16 ac Number: 217771000 SNEAD TERRANCE G & MALLOY CHARLES G Property Description: i LT 405 NORTH ELM ST 5OX140 Address: 2603 SWANSONG LN CHARLOTTE, NC 28213-2158 Property Address: 405 N ELM AVE DUNN, NC 28334 City, State, Zip: DUNN, NC, 28334 Building Count: 1 Township Code: 02 Fire Tax District: Dunn Avemsboro Parcel Building Value: $24510 Parcel Outbuilding Value : $5000 Parcel Land Value: $7500 Parcel Special Land Value : $0 Total Value: $37010 Parcel Deferred Value : $0 Total Assessed Value: $37010 Harnett County GIS Neighborhood: 00202 Actual Year Built: 1939 TotalAcutalAreaHeated: 1127 SglFt Sale Month and Year: 10 / 1996 Sale Price: $0 Deed Book & Page: 97E-0035 Deed Date: 846460800000 Plat Book & Page: - Instrument Type: WL Vacant or improved: QualifiedCode: Transfer or Split: Within 1mi of Agriculture District: No Prior Building Value: $20620 Prior Outbuilding Value : $5000 Prior Land Value : $7600 Prior Special Land Value : $0 Prior Deferred Value : $0 Prior Assessed Value : $33120 1 i,. bcftd City Council Agenda Form pMeeting SUBJECT TITLE: Consideration of Ordinance to deem property Unfit for Humai 119 E. Broad St. PIN #: 1516-67-4382.000 Presenter: Chief Building Inspector Steven King Department: Planning and Inspections Description: Unfit for Human Attachment: ■Yes ❑ No Property History Pictures of Prop Advertisement Date: 04/30/2021 & 05/04/2021 a) Public Hearing: Consideration of Ordinance to deem property Unfit for Human Habitation —119 E. Broad St. (PIN #: 1516-67-4382,000) The Public Hearing was advertised on April 3011, and May 41h, 2021. b) Purpose: Code Enforcement Officer, Dwayne Williams has conducted an inspection at 119 E. Broad St. and found the structure in a deteriorated condition that does not meet the requirements of the City of Dunn's Non -Residential Building Maintenance Code. The Code Enforcement Officer also found the property dangerous or prejudicial to the public health or public safety and is a nuisance in violation of N.C.G.S. §160A-193. The owner of the property has failed to comply with the Chief Building Inspector's order to bring the structure on the property into compliance with the City of Dunn Non -Residential Building Maintenance Code and pursuant to N.C.G.S, §160D-1127, the City Council has the authority to direct the Chief Building Inspector to post on the main entrance of the property a placard that states "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful". If the owner of the property has not repaired, altered or improved the property to bring it into compliance with Chapter 4, Article VII of the Dunn City Code within twenty-four (24) months of the adoption of this ordinance, the Building Inspector is directed to bring the matter back before the City Council for further consideration of remedies available to the City of Dunn under N.C.G.S. §160D-1127. BACKGROUND: BUDGET IMPACT: RECOMMEN DATIONIACTION REQUESTED: Motion to adopt the ordinance directing the Chief Building Inspector to vacate, close, and post the property Unfit for Human Habitation at 119 E. Broad St. (PIN #: 1516- 67-4382,000) LEGAL NOTICE NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF DUNN, NORTH CAROLINA, UNDER AUTHORITY OF CHAPTER 160D, SECTION 601 OF THE GENERAL STATUTES OF NORTH CAROLINA, WILL HOLD A PUBLIC HEARING AT 7:00 P.M. ON MAY 11, 2021 IN THE COURTROOM OF THE DUNN MUNICIPAL BUILDING. THE FOLLOWING ITEMS WILL BE DISCUSSED: PUBLIC HEARING: (1) A HEARING WAS HELD ON FEBRUARY 12, 2021 IN REFERENCE TO THE DWELLING LOCATED AT 405 N. ELM AVE. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160D -1119. AN ORDER WAS ALSO PLACED TO OWNER(S), TERRANCE G. SNEAD AND CHARLES G. MALLOY, TO REPAIR OR DEMOLISH SAID DWELLINGS. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE DWELLING REMOVED AND ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY. (2)' (3) A HEARING WAS HELD ON JUNE 29, 2020 IN REFERENCE TO THE BUILDING(S) LOCATED AT 100 W. EDGERTON ST. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN NON-RESIDENTIAL MAINTENANCE CODE AND N.C.G.S. 160D -1129. AN ORDER WAS ALSO PLACED TO OWNER(S), WREN INDUSTRIES, LLC, TO REPAIR OR DEMOLISH SAID STRUCTURE. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE BUILDINGS(S) CLOSED AND VACATED, CLOSED, AND DEEMED UNFIT FOR HUMAN HABITATION. ALL PERSONS DESIRING TO BE HEARD EITHER FOR OR AGAINST THE PROPOSED ITEM(S) SET FORTH ABOVE ARE REQUESTED TO FOLLOW THE FOLLOWING PROCEDURES DUE TO COVID-19: PUBLIC ACCESS WILL BE LIMITED TO ALLOW FOR SOCIAL DISTANCING. FACE COVERINGS ARE REQUIRED BY ALL IN ATTENDANCE. COMMENTS FOR OR AGAINST THE PROPOSED ITEM WILL BE READ DURING THE PUBLIC HEARING, IF RECEIVED BY THE CITY CLERK BY 1:00 PM ON MAY 10, 2021. COMMENTS CAN BE CALLED IN TO (910) 23 0-3 501 OR EMAILED TO 'FWILLIAMS(c�DUNN-NC.ORG. TO CALL IN YOUR COMMENTS DURING THE PUBLIC HEARING, CONTACT THE CITY CLERIC NO LATER THAN 1:00 PM ON SEPTEMBER 7, 2020 FOR INSTRUCTIONS. THE MEETINGS CAN BE VIEWED — FACEBOOK LIVE — CITY OF DUNN, NC PAGE AND WILL BE ABLE TO HEARD OUTSIDE CHAMBERS FOR ANY PRESENTING IN PERSON. STEVEN KING CHIEF BUILDING INSPECTOR CITY OF DUNN Advertise: April 301h and May 4", 2021 r s r city of dung PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3505 • FAX (910) 230-9005 www.dunn-ne.org NOTICE OF PUBLIC HEARING DUNN CITY COUNCIL Darlene S. McLeod Terry G. McLeod 303 Prospect Church Rd. Dunn, NC 28334-7086 To Whom It May Concern: LOCATION OF STRUCTURE: 119 E. Broad St. (PIN #: 1516-67-4382.000) Mayor William P. Elmore, Jr. Mayor Pro Tern Dr. David L. Bradham Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart Chuck Tumage City Manager Steven Neuschafer You are hereby notified that a Public Hearing will be held before the City Council of the City of Dunn at its Tuesday, May 11th, 2021 meeting at 7:00 pm at the City of Dunn Municipal Building, located at 401 E. Broad Street. Following the Public Hearing, the City Council will consider for decision, an ordinance to authorize the Chief Building Inspector to have the building vacated, closed, and deemed unfit for human habitation. This is the 30th day of April, 2021. Steveg Chief Build n Esec :r,City of Dunn DUNN All -America C14 1 cmmun " m I9391t'10U -dgg'%- D north Carolina U N N city of dunn PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3505 a FAX (910) 230-9005 www.dunn-nc.org PROPERTY HISTORY: 119 E. Broad St. (PIN #: 1516-67-4382.000) [Ward 3] Owner: Darlene S. Mcleod Terry G. Mcleod 303 Prospect Church Rd. Dunn, NC 28334-7086 Overview: Mayor William P. Elmore, Jr. Mayor Pro Tern Dr. David L nradham Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart Chuck Tumage City Manager Steven Neuschafer July 2, 2020 — Non -Residential Building Maintenance inspection performed on the exterior of building. July 20, 2020 — Complaint and notice of hearing letter was mailed to Darlene S. Mcleod and Terry G. Mcleod. Letter sent to owner(s) with hearing date of August 3, 2020. August 3, 2020 — Hearing scheduled at Planning and Inspections Department. Hearing was held with Terry G. Mcleod and Joe Kennedy. August 31, 2020 — Order after Hearing notice allowing ninety (90) days for repairs, alterations and improvements of property sent to owner(s). Appeal letter sent with this notice informing owner(s) of the appeal process if they desired to do so. September 10, 2020 — Ten (10) day time period for appeal expires. No appeal received. November 29, 2020 — Allowed time period of ninety (90) days expires. December 11,2020 — Phone conversation with Terry G. Mcleod. He is in the process of selling the property. January 27,2021— Posted Stop Work Order. Work was being done without any inspections to inside of the building and no trade permits issued. March 15, 2021— Site visit performed at the property to see if any improvements have been made. Interior pictures of the dwelling taken to update file. May 11, 2021— Scheduled for City Council Meeting. DUNN AIF&meriea Bite 1984 �(30t1 JuIV 2, 2020 March 15.202 north carolina U=U-DUNN city of C unn 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 Dr. David L. Bradham Council Members L Wesley Sills April L. Gaulden Frank McLean Billy N. Tart Chuck Turnage City Manager Steven Neuschafer AN ORDINANCE DECLARING THE PROPERTY HEREIN DESCRIBED AS UNFIT FOR HUMAN HABITATION PURSUANT TO N.C.G.S. §160D-1127, ET SEQ. WHEREAS, that on July 20", 2020 the Building Inspector for the City of Dunn sent a notice to Darlene S. McLeod, the owner(s) of record of the property located at 119 E. Broad St. that the property was in a condition that does not meet the requirements of the City of Dunn Non -Residential Building Maintenance Code and served on the property owner of Complaint and Notice of Hearing, that a hearing would be held on August 3`d, 2020, at the office of the Building Inspector located at 102 North Powell Ave., Dunn, North Carolina pursuant to North Carolina General Statute § 160D-1127, et seq.; and WHEREAS, on August 3`d, 2020, attending the hearing was attended by Terry G. McLeod, Joe Kennedy, Code Enforcement Officer, Dwayne Williams, and Chief Building Inspector, Steven King and following the completion of the hearing, the Chief Building Inspector entered an Order, pursuant to North Carolina General Statute §160D-1127, declaring that the property referenced above was deteriorated pursuant to the City of Dunn Non -Residential Building Maintenance Code and ordering the property owner to bring the property into compliance with the City of Dunn Non -Residential Building Maintenance Code within ninety (90) days of the date of such Order, being August 31", 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 Non -Residential Maintenance 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 b:aRII-Amerl nd a re eowl m ers t985 �(20(3 WHEREAS, on April 30"', 2021 and May 4"', 2021, the City of Dumr published legal notices that a public hearing would be held before the Dunn City Council on May I1", 2021 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 31", 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 building located at the following address: 119 E. Broad St. Dunn, NC 28334 PIN #: 1516-67-4382.000 PARCEL ID#: 02151608010005 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 § 160D-1203. 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 4-185 of the Dunn City Code within twenty-four (24) 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 §160D- 1203. Adopted this the 11" day of May, 2021. William P. Elmore, Jr. Mayor Attest: Tammy Williams, CMC City Clerk 'Print this page' Harnett COUNTY .6.,1N t: AR 01.1b'A PID:02151608010005 PIN: 1516-67-4382.000 REID: 0022659 Subdivision: Taxable Acreage: 1.000 LT ac Caclulated Acreage: 0.08 ac Account Number: 1500034845 Owners: MCLEOD DARLENE S Property Description: 1 LOT CROMARTIE HARDWARE 24X150 Address: 303 PROSPECT CHURCH RD DUNN, NC 28334-7086 ,erty Address: 119 E BROAD ST DUNN, NO 28334 State, Zip: DUNN, NC, 28334 ding Count: 1 nship Code: 02 Tax District: Dunn Averasboro it Building Value: $77490 d Outbuilding Value : $0 d Land Value : $28800 d Special Land Value : $0 Value : $106290 u Deferred Value $0 Assessed Value : $106290 Harnett County GIS Neighborhood: 00203 Actual Year Built: 1900 TotalAcutalAreaHeated: 3600 Sq/Fl Sale Month and Year: 2 / 1967 Sale Price: $0 Deed Book S Page: 496-0043 Deed Date:-90979200000 Plat Book 8 Page: - Inslrument Type: WD Vacant or improved: QuallfiedCodo: D Transfer or Split: T Within tmi of Agriculture District: No Prior Building Value: $64800 Prior Outbuilding Value : $0 Prior Land Value : $28800 Prior Special Land Value : $0 Prior Deferred Value : $0 Prior Assessed Value : $93600 DUNN ILLIDU(NN All-Amepica City ;it, 11111f City CouncilH a Form Date:Meeting SUBJECT TITLE: Consideration of Ordinance to deem property Unfit for Human Habitatio 100 W. Edgerton St. PIN #:1516-67-4811.000 Presenter: Chief Building Inspector Steven King Department: Planning and Inspections Description: Unfit for Human Habitation Attachment: ■Yes ❑ No Property History Pictures of Property Public Hearing Advertisement Date: 04/30/2021 & 05/04/2021 a) Public Hearing: Consideration of Ordinance to deem property Unfit for Human Habitation —100 W. Edgerton St. (PIN #: 1516-67-4811.000) The Public Hearing was advertised on April 30th, and May 4(h, 2021. b) Purpose: Code Enforcement Officer, Dwayne Williams has conducted an inspection at 100 W. Edgerton St. and found the structure in a deteriorated condition that does not meet the requirements of the City of Dunn's Non -Residential Building Maintenance Code. The Code Enforcement Officer also found the property dangerous or prejudicial to the public health or public safety and is a nuisance in violation of N.C.G.S. §160A-193. The owner of the property has failed to comply with the Chief Building Inspector's order to bring the structure on the property into compliance with the City of Dunn Non -Residential Building Maintenance Code and pursuant to N.C.G.S. §160D-1127, the City Council has the authority to direct the Chief Building Inspector to post on the main entrance of the property a placard that states "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful". If the owner of the property has not repaired, altered or improved the property to bring it into compliance with Chapter 4, Article VII of the Dunn City Code within twelve (12) months of the adoption of this ordinance, the Building Inspector is directed to bring the matter back before the City Council for further consideration of remedies available to the City of Dunn under N.C.G.S. §160D-1127. BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Motion to adopt the ordinance directing the Chief Building Inspector to vacate, close, and post the property Unfit for Human Habitation at 100 W. Edgerton St. (PIN #: 1516-67-4811.000) LEGAL NOTICE NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF DUNN, NORTH CAROLINA, UNDER AUTHORITY OF CHAPTER 160D, SECTION 601 OF THE GENERAL STATUTES OF NORTH CAROLINA, WILL HOLD A PUBLIC HEARING AT 7:00 P.M. ON MAY 11, 2021 IN THE COURTROOM OF THE DUNN MUNICIPAL BUILDING. THE FOLLOWING ITEMS WILL BE DISCUSSED: PUBLIC HEARING: (1) A HEARING WAS HELD ON FEBRUARY 12, 2021 IN REFERENCE TO THE DWELLING LOCATED AT 405 N. ELM AVE. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160D -1119. AN ORDER WAS ALSO PLACED TO OWNER(S), TERRANCE G. SNEAD AND CHARLES G. MALLOY, TO REPAIR OR DEMOLISH SAID DWELLINGS. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE DWELLING REMOVED AND ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY. (2) A HEARING WAS HELD ON AUGUST 3, 2020 IN REFERENCE TO THE BUILDING(S) LOCATED AT 119 E. BROAD ST. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN'S NON-RESIDENTIAL MAINTENANCE CODE AND N.C.G.S. 160D-1129 AN ORDER WAS ALSO PLACED TO OWNER(S), DARLENE S. MCLEOD AND TERRY G. MCLEOD, TO REPAIR OR DEMOLISH SAID STRUCTURE. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE BUILDING(S) VACATED, CLOSED, AND DEEMED UNFIT FOR HUMAN HABITATION. (3) ALL PERSONS DESIRING TO BE HEARD EITHER FOR OR AGAINST THE PROPOSED ITEM(S) SET FORTH ABOVE ARE REQUESTED TO FOLLOW THE FOLLOWING PROCEDURES DUE TO COVID-19: - PUBLIC ACCESS WILL BE LIMITED TO ALLOW FOR SOCIAL DISTANCING. FACE COVERINGS ARE REQUIRED BY ALL IN ATTENDANCE. COMMENTS FOR OR AGAINST THE PROPOSED ITEM WILL BE READ DURING THE PUBLIC HEARING, IF RECEIVED BY THE CITY CLERK BY 1:00 PM ON MAY 10, 2021. COMMENTS CAN BE CALLED IN TO (910) 230-3501 OR EMAILED TO TWILLIAMS0)DUNN-NC.ORG. TO CALL IN YOUR COMMENTS DURING THE PUBLIC HEARING, CONTACT THE CITY CLERK NO LATER THAN 1:00 PM ON SEPTEMBER 7, 2020 FOR INSTRUCTIONS. THE MEETINGS CAN BE VIEWED — FACEBOOK LIVE — CITY OF DUNN, NC PAGE AND WILL BE ABLE TO HEARD OUTSIDE CHAMBERS FOR ANY PRESENTING IN PERSON. STEVEN KING CHIEF BUILDING INSPECTOR CITY OF DUNN Advertise: April 301h and May 41h, 2021 MOT;,; fV-15,101,01 city of dunn PLANNING Ba INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3505 • FAX (910) 230-9005 www.dunn-ncaorg NOTICE OF PUBLIC HEARING DUNN CITY COUNCIL WREN Industries, INC. P.O. Box 447 Siler City, NC 27344 To Whom It May Concern: LOCATION OF STRUCTURE: 100 W. Edgerton St. (PIN #: 1516-67-4811.000) Mayor William P. Elmore, Jr. Mayor Pro Tem Dr. David L. Bradham Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart Chuck Tumage City Manager Steven Neuschafer You are hereby notified that a Public Hearing will be held before the City Council of the City of Dunn at its Tuesday, May 11th, 2021 meeting at 7:00 pm at the City of Dunn Municipal Building, located at 401 E. Broad Street. Following the Public Hearing, the City Council will consider for decision, an ordinance to authorize the Chief Building Inspector to have the building vacated, closed, and deemed unfit for human habitation. This is the 30th day of April, 2021. DUNN All -Americo City I' I 11. ► 1989*2013 Steven King Chief Buildingnspctor, City of Dunn i JI / -"'&&�'D north caroling ILI! .INN city of dunn PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 a DUNN, NORTH CAROLINA 28335 (910) 230-3505 ® FAX (910) 230-9005 www.diinn-ne.org PROPERTY HISTORY: 100 W. Edgerton St. (PIN #: 1516-67-4811.000) [Ward 3] Owner: WREN Industries Inc PO Box 447 Siler City, NC 28344 Overview: Mayor William P. Elmore, Jr. Mayor Pro Tern Dr, David L Bradham Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tait Chuck Tumage City Manager Steven Neuschafer June 12, 2020 — Non -Residential Building Maintenance inspection performed. Survey with all violations mailed to WREN Industries Inc. June 29, 2020 — Hearing scheduled at Planning and Inspections Department. Hearing was held with Cecil B. Jones. Aueust 31, 2020 — Order after Hearing notice allowing sixty (90) days for repairs, alterations and improvements of property sent to owner(s). September 10, 2020 — Ten (10) day time period for appeal expires. No appeal received. November 30, 2020 — Allowed time period of sixty (90) days expires. December 29, 2020 — Site visit performed at the property to see if any improvements have been made. Met with contractor on site to discuss. Exterior pictures of the dwelling taken to update file. March 24, 2021— Site visit performed to check the status of repairs. It appears a lot of structural damage has been covered rather than repaired. May 11, 2021— Scheduled for council meeting 6 9 2020 12/29/2020 I 1 • •, - a to] 3 24 2021 north Carolina Mayor William P. Elmore, Jr. NN Mayor Pro Tern ILUDUDr. David L. Bradham Council Memmbebe rs J. Wesley Sills c i t y o f d u n n April L. Gaulden Frank McLean Billy N. Tait POST OFFICE BOX 1065 o DUNN, NORTH CAROLINA 28335 Chuck Turnage (910) 230-3500 • FAX (910) 230-3590 City Manager wwwAunn-ne.org Steven Neuschafer AN ORDINANCE DECLARING THE PROPERTY HEREIN DESCRIBED AS UNFIT FOR HUMAN HABITATION PURSUANT TO N.C.G.S. §160D-1127, ET SEQ. WHEREAS, that on June 12"', 2020 the Building Inspector for the City of Dunn sent a notice to WREN Industries, Inc., the owner(s) of record of the property located at 100 W. Edgerton St. that the property was in a condition that does not meet the requirements of the City of Dunn Non -Residential Building Maintenance Code and served on the property owner of Complaint and Notice of Hearing, that a hearing would be held on June 29`f, 2020, at the office of the Building Inspector located at 102 North Powell Ave., Dunn, North Carolina pursuant to North Carolina General Statute § 160D-1127, et seq.; and WHEREAS, on June 29"i, 2020, attending the hearing was attended by Attorney Cecil B. Jones, Code Enforcement Officer, Dwayne Williams, Building Inspector, Slater Johnson, and Chief Building Inspector, Steven King and following the completion of the hearing, the Chief Building Inspector entered an Order, pursuant to North Carolina General Statute § 160D-1127, declaring that the property referenced above was deteriorated pursuant to the City of Dunn Non -Residential Building Maintenance Code and ordering the property owner to bring the property into compliance with the City of Dunn Non -Residential Building Maintenance Code within ninety (90) days of the date of such Order, being August 31", 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 Non -Residential Maintenance 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 All -America City 1 1 ,�ere 6-07,7711 e =fferS a 1999 * 2013 WHEREAS, on April 30"i, 2021 and May 41', 2021, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on May 11"i, 2021 to consider the adoption of this Ordinance, directing the Chief Building Inspector to post on the main entrance of the properly 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 properly 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 31 ", 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 building located at the following address: 100 W. Edgerton St. Dunn, NC 28334 PIN 4: 1516-67-4811.000 PARCEL ID#: 02151607140001 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 § 160D-1203. 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 4-185 of the Dunn City Code within twenty-four (24) 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 §160D- 1203. Adopted this the I I" day of May, 2021. William P. Elmore, Jr. Mayor Attest: Tammy Williams, CMC City Clerk Print this page 1 Harnett CObNTY AORi iII 0i id" 1516-674811.000 :0038574 Acreage: 1.000 LT ac ad Acreage: 0.17 ac Number: 210064000 WREN INDUSTRIES INC Property Description: PAR#A TR4182 56X140 WREN MAP#2002-1327 Address : PO BOX 447 SILER CITY, NC 27344-0000 ,arty Address: 100 W EDGERTON ST DUNN, NO 28334 Stale, Zip: DUNN, NC, 28334 ling Count: 1 eship Code: 02 Tax District: Dunn Averasboro it Building Value: $94660 it Outbuilding Value: $0 d Land Value : $43700 it Special Land Value: $0 Value: $138360 ,I Deferred Value : $0 Assessed Value : $138360 Harnett County GIS Neighborhood: 00209 Actual Year Built: 1930 TotalAcutalAreaNeated: 7840 Sq/Fl Sale Month and Year: 10 / 1985 Sale Price: $28000 Deed Book & Page: 790-0490 Deed Date: 496972800000 Plat Book & Page: 2002-1327 Instrument Type: WD Vacant or improved: QuallfiedCode: Q Transfer or Split: Within 1ml of Agriculture District: No Prior Building Value: $94660 Prior Outbuilding Value : $0 Prior Land Value : $50100 Prior Special Land Value: $0 Prior Deferred Value : $0 Prior Assessed Value : $144760 I- - " � WD D 0- t 1 N­ - N"' b:&d All -America Gi� rvAll-America Meeting Date: May 11, 2021 City Council Agenda Form SUBJECT TITLE: Consideration ofResolutionFixing DateofPublic• for Voluntary1 Petition ANX-01-21; 1001 Susan Tart Rd and parcels on Bruce Dr Presenter: City Manager Neuschafer ME Department: Admin Attachment: XYes No Public Hearinq Advertisement Date: Description: Resolution fixing date of Certificate of Sufficiencv and Petition PURPOSE: To approve a resolution fixing date of Public Hearing as June 8, 2021 for voluntary contiguous annexation petition ANX-01-21; +/-65.36 acres lot, owned by Susan Tart Property, LLC. The property is identified by the Harnett County Registry as PIN #1506-77-7440.000, 1506-88-2105.000 and 1506-88-1668.000. A portion of the property is already located within the city limits. z This is the location for a proposed development. The property was rezoned to R-7, Single -Family Dwelling District at the March 9, 2021 City Council meeting. The clerk was directed to investigate the petition at the April 13, 2021 Council meeting. The clerk's certification is in the attached documents. BUDGET IMPACT: RECOMMENDATIONIACTION REQUESTED: Motion to adopt the Resolution Fixing Date of Public Hearing as June 8, 2021 for the Voluntary Contiguous Annexation Petition ANX-01-21. Unorth caroling LL UI-DNN city of dune POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3500 ° FAX (910) 230-3590 www.dunn-nc.org RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S.160A-31 Mayor William P. Elmore Jr. Mayor Piro Tern Dr. David L. Bradham Council Members J. Wesley Sills April Gaulden Prank McLean Billy Tart chuck Tumage City Manager Steven Neuschafer WHEREAS, a petition requesting annexation of the area described herein has been received; and WHEREAS, the City Council has by resolution directed the City Cleric to investigate the sufficiency of the petition; and WHEREAS, certification by the City Clerk as to the sufficiency of the petition has been made; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dunn, North Carolina that: SECTION 1. A public hearing on the question of annexation of the area described herein will be held at the City of Dunn Municipal Building at 7:00 p.m. on June 8, 2021. SECTION 2. The area proposed for annexation is described as follows: First Parcel: 1001 Susan Tart Rd, PIN #1506-77-7440.000 BEGINNING at an existing concrete monument in the western margin of Bruce Drive right of way, the southeast corner of property now or formerly owned by Donald W. Satterfield and wife, Theresa B. Satterfield, Book 870, Page 509, Thence continuing with the western margin of Bruce Drive S 00°14'29"E 1402.89 feet to an existing concrete monument; Thence S O5°14'11 "W 731.74 feet to an existing iron stake in the northern margin of the S R 1844 right of way, Thence S 05°11 '42"W 118.71 feet to an existing iron stake in the southern margin of S R 1844 right of way, Thence S OS°10'38"W 160.24 feet to an existing iron pipe, Thence S 61°09'38"W 1042.00 feet to a point; Thence N 05°48'30"E 182.00 feet to a point; Thence N 09°49'30"E 114.00 feet to a point; Thence N 13°41'30"W 152.00 feet to a point; Thence N 60°16'30"W 218.00 feet to a point; Thence N 64°36'30"W 158.00 feet to a point; Thence N 65°21 '30"E 262.00 feet to a point; Thence N 00°15'39"W 1784.80 feet to an existing iron pin; Thence N 01°24'54"W 408.23 feet to an existing iron pin; DUNV` All -America CiN I Am cORV210 matters 11111�1989*2013 Thence S 85°08' 43"E 297.82 feet to an existing iron pin; Thence N 88°49'40"E 292.38 feet to an existing iron stake; Thence N 88°49'40"E 290.00 feet to a point; Thence N88°26'58"E 230.14 feet to an existing concrete monument, the Point and Place of Beginning. (Portion of this parcel is currently already located within the City of Dunn limits.) Second Parcel: Bruce Drive, PIN# 1506-88-2105.000 BEGINNING at the northeast corner of the property owned by Susan Tart Property, LLC as depicted in Book of Maps 2020 page 353, Harnett County Registry, thence; South 4 degrees 58 minutes 18 seconds East for a distance of 116.00 feet to the point of Beginning: thence, South 4 degrees 58 minutes 18 seconds East for a distance of 1100.50 feet; thence North 83 degrees 48 minutes 49 seconds East for a distance of 24.86 feet; thence North 4 degrees 46 minutes 56 seconds West for a distance of 1100.62 feet: thence South 83 degrees 43 minutes 55 seconds West for a distance of 28.5 feet to the point and place of Beginning containing 0.67 acre, more or less. Third Parcel: Bruce Drive, PIN#1506-88-1668.000 BEING a parcel 28.5' x 116' of lot No.50 of the J B Rouse Jr. subdivision, BEGINNING in the southern line of a thirty-foot street which extends into the old Dunn - Erwin Road at a point approximately two miles west of Dunn; said point being South 87 degrees 55 minutes West across said street 30 feet from the southeastern corner of Lot No. 2, owned by the Gene D. McLeod (now or formerly) herein; runs thence, South 87 degrees 55 minutes West 28.5 feet to Dunn Meat Packers, Inc. fence; thence North 00 degrees 15 minutes West with Dunn Meat Packers, Inc. 116 feet to corner of fence; thence North 87 degrees 55 minutes East 28.5 feet the southern line of the said thirty-foot street; thence South 00 degrees 15 minutes East with said street 116 feet to the beginning. SECTION 3. Notice of the Public Hearing shall be published once in The Daily Record, newspaper having general circulation in the City of Dunn, at least ten (10) days prior to the date of the Public Hearing. This the 11th Day of May, 2021. William P. Elmore, Jr, Mayor ATTEST: Tammy Williams, CIVIC City Clerk `N �T 3Sf1 -Itl93-1 110d ION north carolina UEDUNN city of dunn POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3500 - FAX (910) 230-3590 www.dxtnn-nc.org PETITION FOR VOLUNTARY ANNEXATION CERTIFICATE OF SUFFICIENCY Owners: Susan Tart Properties LLC Annexation File No: ANX-01-21 To the City Council of the City of Dunn, North Carolina: Mayor William P. Elmore, Jr. Mayor Pro Tern Dr. David L. Bradham Council Members J. Wesley Sills April Gaulden Frank McLean Billy Tart Chuck Tannage City Manager Steven NCUSchalaer I, Tammy Williams, City Clerk, do hereby certify that I have investigated the attached petition and hereby make the following findings: a. The petition contains an adequate property description of the area proposed for annexation. b. The area described in the petition is contiguous to the City primary corporate limits, as defined by G.S.160A-31. c. The petition is signed by and includes addresses of all owners of real property lying in the area described therein. In witness whereof, I have hereunto set my hand and affixed the seal of the City of Dunn, North Carolina, this 161h c gy,pf,� ril, 2021. O1TY GORPp�r'.2�=® 7 . SEAL Tzimmy Willa s, CMC ®'.o�Tj' •.......• �Q ,®® City Cleric '>, i CARO�;,%s% DUNK AIFAmeeiea Gi(y 110 C 7.c3f ere Comm wza&ers f 4/9/2021 1 City of Dunn City /. Attn:ll) Planning Directo "i Box 1065 Dunn NC 28335 RE: Petition Requesting Annexation By the City of Dunn Contiguous P Pursuant to the provisions of Sections 16OA•31of the North Carolina General Statutes, we the undersigned owners of all the real property described below do hereby request that said property 1001 susan Tart Rd and parcels on western margin of Bruce Dr } 1506-77-7440.000, 1506-88-2105.000, 1506-88-1668.000 be annexed into the City of Dunn. We certify: that the property to be annexed is contiguous to the present corporate limits of the City of Dunn and the annexation would, therefore, be a contiguous annexation; that a legal description (metes and bounds —submitted electronically) is attached as ", _ "" and a survey map of said property showing the proposed contiguous area in relation to the primary corporate limits of the City of Dunn is attached and denoted as " .. ` "". Name of Company: susan Tart Property, LLC By: Zachary Angle, Member -Manager r (Print Name and Title) Signat lyr Address: 126 N Ennis St, Fuquay-varina, NC 27526 Phone: 919-602-2351 Email: zact�9ay19�d�1 ne}7.com :S-0 Attest: m �� e� �PpY ®¢ Uz® Secretary �\� PU® Je' Sworn to and subscribed by me on this the day of ....... , a0� Notary Public y commission expires: XR4a Date Received by Planning Dept. fii�'�a ° a ( By: at 7 Date Received by City Clerk ° i S By: Annexation Fee: $125 per parcel EXHIBIT A Description of the Property BEGINNING at an existing concrete monument in the western margin of Bruce Drive right of way, the southeast corner of property now or formerly owned by Donald W. Satterfield and wife, Theresa B. Satterfield, Book 870, Page 509, Thence continuing with the western margin of Bruce Drive S 00014'29"E 1402,89 feet to an existing concrete monument; Thence S 05114'11"W 731.74 feet to an existing iron stake in the northern margin of the S R 1844 right of way, Thence S 05111'42"W 118.71 feet to an existing iron stake in the southern margin of S R 1844 right of way, Thence S 05110'38"W 160.24 feet to an existing iron pipe, Thence S 61"09'38"W 1042.00 feet to a point; Thence N 05°48'30"E 182.00 feet to a point; Thence N 09°49'30'B 114.00 feet to a point; Thence N 13°41'30"W 152.00 feet to a point; Thence N 60116'30W 218.00 feet to a point; Thence N 64136'30"W 158.00 feet to a point; Thence N 65�21'30'B 262.00 feet to a point; Thence N 00° 15'39"W 1784.80 feet to an existing iron pin; Thence N 01 °24' 54"W 408.23 feet to an existing iron pin; Thence S 85°08'43"E 297.82 feet to an existing iron pin; Thence N 88°49'40"E 292.38 feet to an existing iron stake; Thence N 88149'40"E 290.00 feet to a point; Thence N88°26'58"E 230.14 feet to an existing concrete monument, the Point and Place of Beginning. [continued on following page(s)] 13 BEGINNING at an iron stake corner, said corner being South 89 degrees 49 minutes West 230 feet from the northeast corner of the tract of land owned by the Dunn Meat Packers, Inc. (now or formerly), and runs thence South 0 degrees I I minutes East 300 feet to a corner, an iron stake; thence South 89 degrees 49 minutes West 290 feet to an iron stake comer; thence North 0 degrees I I minutes West 300 feet to an iron stake comer; thence North 89 degrees 49 minutes East 290 feet to the Beginning, and containing 2 acres, more or less, and being a part of the tract of land purchased by the Dunn Meat Packers, Inc. from Caster Tart, and being a rectangular shaped tract of land 290 feet by 300 feet. TOGETHER with each and every casement, covenant, agreement, right, hereditament, and appurtenance thereunto belonging or in any way appertaining owned by the Grantor. BEING part of the same lands and premises conveyed to M-B Farms Sub, LLC, a Delaware limited liability company, by Premium Standard Farms, LLC, a Delaware limited liability company, by Deed dated August 21, 2007 and recorded August 27, 2007, in the Hartnett County Register of Deeds Office in Book 2417 at Pages 935-948. AND ALSO BEING that certain 2-acre parcel conveyed by Greenville Livestock, Inc., a North Carolina corporation, to Boneless Hams, Inc„ a North Carolina corporation, by Deed dated July 7, 1998 and recorded October 23, 1998 in the Hamett County Register of Deeds Office in Book 1305 at pages 81-82. 14 HARNETr COUNTY TAX ID# 021606 0104 12-29-2020 BY SB For Registration Matthew S. Willis Register of Deeds Harnett County, NC Electronically Recorded 2020 Dec 29 02:45 PM NC Rev Stamp: $ 0.00 Book: 3916 Page:318 - 319 Fee: $ 26.00 Instrument Number: 2020024400 Submitted electronically by Henderson Law in compliance with NLortb Carolina statutes governing recordable documents and the terms of the submitter agreement with the Harnett County Register of Deeds. This instrument should be mailed to the No title Certification Excise Tax: S0.00 preparer, Trinity M. Henderson, Attorney No tax advice 132 Partlo Street Gamer, NC 27529 0.67 acres on Bruce Drive Parcel Identifier Brief Indux Description: Number; 0215060104 This instrument prepared by Trinity }lenderson, a licensed North Carolina attorney. Delinquent taxes, if any, to be paid byclosing attorney to tax collector upon disbursement of closing proceeds. NORTH CA ROLINA QUITCLAIM DEED THIS QUITCLAIM DEBD is made December 17, 2020 by and between: William A. Rouse and wife, Paula Ir. Rouse and Jesse B. Rouse, III and wife, Virginia A. Rouse Address: 1 ® s- 3e `� (hereinafter referred to in the neuter nhngutar an "the Grantor") and Susan Tart Property LLC I'ZtQ N e 11ni 5 5� (hereinafter referred to in the nouter singular as "the Granted') : WITNESSRI'H, that the Grantor, tar a valooble consideration paid by tire Grantee, the receipt of which is hereby acknowledged, has and by these presents does hereby give, grant, bargain, sail and convey unto the Grantee, its hefts, successors, Administrators and assign, any Interest it may have in all ofthal certain piece, parent or (mot of land situated in Harnett County, North Carolina, and more particularly described as follows: BEGINNING at the northeast corner of the property owned by Susan Tart Property, LLC As depicted in Book of Maps 2020 page 353, Harnett County Registry, thence; South 4 degrees 58 minutes 18 seconds Rest for a distance of 116.00 feat to the point of Beginning: thence, South 4 degrees 5B minutes 18 seconds East for u distance of 1100.50 feet; thence North 83 degrees 48 minutes 49 seconds East for a distance of 24.86 feet; thence' North 4 degrees 46 minutes 56 sexmds West for a distance of 1100.62 feet; thence South 83 degrees 43 minutes 55 setwnds West for a distance of 28.5 fleet to the point and place of Beginning containing 0.67 acre, more or less. The pmpedy herein described was acquired by the Grantor by deed recorded in Book 394 at 3923 - P 311 BEING a parcel 28.5' x 116' of lot No. 50 subdivision, which subdivision was surveyed by Surveyor, on May 7, 1960, and said parcel described as follows: of the J.B. Rouse, Jr. James W. Lee, Registered being more particularly BEGINNING in the southern line of a thirty-foot street which extends into the old Dunn -Erwin Road at a point approximately two miles west of Dunn; said point being South 87 degrees 55 minutes West across said street 30 feet from the southeastern corner of Lot No. 2, owned by the Gene D. McLeod (now or formerly) herein; runs thence, South 87 degrees 55 minutes West 28.5 feet to Dunn Meat Packers, Inc. fence; thence North 00 degrees 15 minutes West with Dunn Meat Packers, Inc. 116 feet to corner of fence; thence North 67 degrees 55 minutes East 28.5 feet the southern line of the said thirty-foot street; thence South 00 degrees 15 minutes East with said street 116 feet to the beginning. This being the same property conveyed by deed dated November 14, 1973 from J.B. Rouse, JR. at ux to Gene D. McLeod which was recorded in Deed Book 600, Page 195, Harnett County Registry. For further reference see: Estate of Gene D. McLeod, Harnett County Clerk of Court Estate File No. 2017 E 339; Estate of Darlene Smith McLeod, Harnett County Clerk of Court Estate File No. 2019 E 321. 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 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: RIGHTS OF WAY, EASEMENTS, COVENANTS, RESTRICTIONS AND OTHER MATTERS OF RECORD. 2021 COUNTY OF HARNETT AD VALOREM TAXES AND SUBSEQUENT YEAR TAXES. (REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] V �5 ys S 8l $8 s h l•. �: A M�v let In. 8Q PIA B8 RE i ®® ae og l g f spit ag p ee ��� Ittc¢lwaswa�aa gill f 1�V11 91 g o I� g��a 11H Do It illjo �g u ® w: ate-�NSE€&g�€ o HIM 5f _E s kge i '5r ry ✓ CouncilL-- " Lgft-U'- D Q" N`- - � N""' � City Meeting Date: May 11, 2021 IM I SUBJECT TITLE: Consideration of Solid Waste Contract Extension Presenter: City Manager Neuschafer I ow7 Administration Attachment: X Yes No Public Hearina Advertisement Date: PURPOSE: To approve a four-year contract extension with Republic Services with the maximum increase of 2% annually for period beginning July 1, 2021. BACKGROUND: After extensive review and discussion at the Budget Planning Retreat and Budget Workshop, Council has agreed that extension of the current contract was in the best interest for the city. The current contract with Republic Services is competitive compared to other recently bid contracts. The council also agreed that continuing with the yard debris carts was the best option available to prevent additional storm drainage issues. BUDGET IMPACT: Amount for the contract is already included in the proposed budget, $778,000 annual expenditure for the 21- 22 fiscal year. RECOMMENDATION/ACTION REQUESTED: Motion to authorize City Manager Neuschafer to execute a four (4) year extension of the current solid waste contract with Republic Services beginning July 1, 2021 after review and concurrence from the City Attorney. l h1w D 0'"N"N All-AmericCiiii lit, ic' .0 �n• N A City r Council • qq i 9, i` v y q ip Meeting 82 SUBJECT TITLE: Approve Mathew BooneZ -Presenter: Department:Administration O Attachment: X Yes No Description: Lan• .•' Contractor Public•Advertisement Date: PURPOSE: To approve a one-year contract extension with Old Mill Stream, Inc for $182,000, from July 1, 2021 to June 30, 2022. BUDGET IMPACT: $182,000.00 - covered in the existing FY2021-2022 Proposed Budget. RECOMMENDATION/ACTION REQUESTED: Motion to authorize City Manager Neuschafer to execute a one (1) year extension of Old Mill Stream's current contract beginning July 1, 2021 and ending on June 30, 2022. LLUUUNN All -America 11111.f City Council 5 Meeting Date-, April 13,2021 SUBJECT TITLE: Advisory Board Appointments - Presenter: City Manager Neuschafer Department: Administration Description: Information for each Board, Updated Advisory Attachment: X Yes No t) Board Rosters and Applications for consideration Public Hearing Advertisement Date: i PURPOSE: To fill vacancies on various advisory boards. Advertisements for the vacancies have been posted in The Daily Record, on the City's Facebook page, Website, and Government Channel since January. Applications received: First Choice Second Choice Third Choice Blaine Everhart Planning Angela Godwin Library Courtney Kerchner Parks & Rec Appearance Planning Rodney Lanier Planning Housing Kalpesh Patel ABC Joshua Walsh Planning Appearance Parks & Rec Please see the attached for appointment information for each board. Dunn Housing Authority Dunn Housing Authority members are appointed by the Mayor. Those whose terms end June 30, 2021 are highlighted on the attached roster. All three would like to be considered for reappointment and letters of recommendation have been attached from the Dunn Housing Authority. Lester Lee and Eddie Draughon wish to serve another term ending 06-30-2026 Sadie McLamb wishes to serve another term ending 06-30-2022 No applications received for first choice. Mayor Elmore will state the appointments for the record. Ra y Z N N N N N O O O O O N N N N N O O O O O m m m m m W �o \o Co Cb F o 0 0 0 0 0 A :W O �o N 'o N0� m O H. N O N O O O O O O O O O N N N N N N N N N c? MN Mci NC, o �o HCD F000 �o vO rn �o r" �o CD H t T c» o? w N" r- N za, a, a, a, co co co co n 0 0 0 xao 'P. rn a, rn a, rn 0 o u O F (li c m c zr F p P Y � ro W w ° Q y N O N O 0 co a u U H A: N coN m H Qr. M E > _ (Z 0 "Gao Ca cz m o � r. 0 w 0cz 0 m G 1�unn �-,{0UJI)29 c-,4utfior.ilt BOARD OF COMMISSIONERS LESTER E. LEE, JR., CHAIRMAN EDDIE R. DRAUGHON, VICE-CHAIRMAN E. LOIS DAIL FRANCES W. PIERCE SADIE M. MCLAMB March 01, 2021 The Honorable Mayor William Elmore City of Dunn P O Box 1065 Dunn, NC 28335 Dear Mayor Elmore, 817 STEWART STREET P.O. BOX 1028 DUNN, NORTH CAROLINA 28335 TELEPHONE: (910) 992-5076 FAX: (910) 992-2483 DEBBIE N. WOODELL EXECUTIVE DIRECTOR MARSHA D. BASS OCCUPANCY MANAGER PATRICIA M. 'PAT" MOORE SECRETARY I am writing this letter on behalf of the Dunn Housing Authority Board of Commissioners. As you are aware, Chairman Lester E. Lee, Jr.'s term on the Dunn Housing Board will expire on June 30, 2021. We would like to request the re -appointment of Mr. Lee to the Board. Thank you in advance for your consideration. Respectfully, N. Woo ell Executive Director 2�unn (::�40ulinq o4utfiorzlty BOARD OF COMMISSIONERS LESTER E. LEE, IR„ CHAIRMAN EDDIE R. DRAUGHON, VICE-CHAIRMAN E. LOIS DAIL FRANCES W. PIERCE SADIE M. MCLAMB March 01, 2021 The Honorable Mayor William Elmore City of Dunn P 0 Box 1065 Dunn, NC 28335 Dear Mayor Elmore, 817 STEWART STREET P.O. BOX t028 DUNN, NORTH CAROLINA 28335 TELEPHONE: (910) 892-5076 FAX: (910) 892-2483 DEBBIE N. W OODELL EXECUTIVE DIRECTOR MARSHA D. BASS OCCUPANCY MANAGER PATRICIA M. "PAT' MOORE SECRETARY I am writing this letter on behalf of the Dunn Housing Authority Board of Commissioners. As you are aware, Vice -Chairman, Eddie Draughon's term on the Dunn Housing Board will expire on June 30, 2021. We would like to request the re -appointment of Mr. Draughon to the Board. Thank you in advance for your consideration. Re�sp�ectf�ully, '/ Debbie N. Woodell Executive Director 2J )2)2 �0UIt q c 4ut20'ZLL� BOARD OF COMMISSIONERS LESTER E. LEE, JR., CHAIRMAN EDDIE R. DRAUGHON, VICE-CHAIRMAN E. LOIS DAIL FRANCFS W. PIERCE SADIE M. MCLAMB March 16, 2021 The Honorable Mayor William Elmore City of Dunn P 0 Box 1065 Dunn, NC 28335 Dear Mayor Elmore, 917 STEWART STREET P.O. BOX 1028 DUNN, NORTH CAROLINA 28335 TELEPHONE: (910) 892-5076 FAX: (910) 892-2483 DEBBIE N. WOODELL EXECUTIVE DIRECTOR MARSHA D. BASS OCCUPANCY MANAGER PATRICIA M. "PAT" MOORE SECRETARY I am writing this letter on behalf of the Dunn Housing Authority Board of Commissioners. As you are aware, Commissioner Sadie McLamb's term on the Dunn Housing Board will expire on June 30, 2021, The regular monthly board meeting was held on March 15, 2021 at 5:30 PM. The Board voted to request the re -appointment of Mrs. McLamb to the Board. (Resolution # 2021-08) Thank you in advance for your consideration. Respectfully, Debbie N. Woodell Executive Director Dunn Planning Board Council to consider 4 board positions, all terms ending June 30, 2024. Unexpired term of Brian Hudson ends June 30, 2022 Those whose terms end June 30, 2021 and additional vacancies are highlighted on the attached roster. Douglas Godwin Jr. would like to be considered for reappointment. Gary Beasley (ETJ) was recently appointed to the Planning Board from the Board of Adjustments and would like to be considered for reappointment. There can only be 1 ETJ member. Joe Miriello, after serving since 2013, needs to resign. Brian Hudson has moved out of the city limits and needs to resign. New applications received and attached: Blaine Everhart Rodney Lanier Joshua Walsh (ETJ) — can only be 1 ETJ member so if Gary Beasley is reappointed, Mr. Walsh is not eligible, Recommendation: Motion to reappoint (------- and -------) and appoint (------- ), effective immediately to fill Mr. Miriello's position, and (--------) to the Planning Board for term ending June 30, 2024. Special Note: ETJ appointment is also to be approved by the Harnett County Board of Commissioners. y 0 M N N iZJ.i O O O O 0 0 0 N N N N N N N O 86 O 666 M M M M M M M W �0 C0 C0 C0 C0 l0 F o 0 0 0 CO 0 0 0 WtnO O O MO] a, O E O N r rt c H e N Z 0 0 O O O O O 0 0 i..� N N N N N N N N N 0. N O c-I O M m M c-I O Qw 99 ry ry H O ry c-I — lD �o �D c �4 L� H lD M O O O c-1 1- CDHCDO x 0 3 3 c0-I dM' 00 H a, dam' m W N co H 0 N N N d" z O� CO 0, m a, 0� m oco�r 0000 co coin 0 0 0 0 O 0 0 0 G`rnrn rn rn rn rn rnrn E E 0 0 o0 o Y V OCD N O O O u 'C = Ln Ste" c U N U h dcz .0 A u W Ul O o A co C <n A o 0 o 0 o o� rn in 0 o o 0 o v 0 w x o F w U �zu t'! Y N b E sv. x � v Oo F w 9 0 Dunn ABC Board Council to consider 1 board position ending June 30, 2024 and to designate Chairman. Those whose terms end June 30, 2021 are highlighted on the attached roster. Dal Snipes, who is currently serving as Chairman, would like to be considered for reappointment. His letter is attached. New applications received and attached: Kalpesh Patel Recommendation: Motion to reappoint J. Dal Snipes to the ABC Commission as Chairman for term ending June 30, 2024. ClLn N N N N N w O 0 0 0 0 N N N N N O O O O O �y M m M m m R1 �o ko �o �o ko F O 0 0 0 0 'W 0� -Ft 0 0 E+ O rl rl ri . N N z O O O O O O O N N N N N N O m m O c O �1,y O ry O �-1 T- r-1 ci Qw i l0 �-1 l) ko � I, n Qi O �-1 O O O O O O m C)OJ m l" co d' CO �-1 M W to O It N r- M d' N O M O W N N N N O N z O 0� 0� m N O OJ N CO OP OF OO 0 x� (D C) C) CDm C) � ,� a, � � � 0 u O C 0 •� V O 0 u G o @) m �1 N <M SUi U (C N � Ll s. buq u CA W C E U A, A LO N O O O N O co c E � s. on U O a u c. 0 0 0 O a rD i (91 SNIPES INSURANCE VI KEYS ONE March 8, 2021 The Honorable William Elmore Mayor City of Dunn PO Box 1065 Dunn. NC 28335 Re: ABC Board Appointment Dear Mayor Elmore: This is to notify you that I would like to be reappointed to the Dunn ABC Board. As you know, we have a new general manager, Charles Willis, and we are in the process of making several changes in our system. We have upgraded our POS system, our warehousing system, and remerchandising our entire retail (shelf) system. In addition, we are in the process of making physical modifications to the entrance to store #1. All these changes and improvements are really benefitting our system and I certainly want to see all of them come to fruition. We are experiencing record growth and sales at both of our stores and I would appreciate the opportunity to continue to serve the Dunn ABC Board. G J. Dal Snipes Chairman Dunn ABC Board Dunn Raleigh Roanoke Rapids (800) 849-8032 www.snipesinsurance.com Morehead City P.O. Box 1165, Dunn, NC 28335 Dunn Parks and Recreation Advisory Board There is 1 vacancy on the Board with term ending June 30, 2024. This position must be filled by a resident of the City of Dunn and no eligible applicants have applied. Parks and Recreation is limited to maximum of 2 who reside outside the city limits and currently, they already have two board members filling those positions. Those whose terms end June 30, 2021 are highlighted on the attached roster. A N N N M M M Z N N N N N N N w 0 O O O O O O N N N N N N N O O O O O O O M M M M m m m w F o 0 0 0 0 0 0 Wo �ornd^rn000 E� N �--I r-1 O �-i N N N f. O O O O O O O o ,�..� N N N N N N N N o.. 4 ri O O o a h �D lO M M (h 0 0 0 0 0 0 0 0 N X OM ON O � N �M :: to o I-1 O M l0 iLi C Ell N io O M z. O� M of LO N N W N co 1-1 N n O C F o C u 0 o o a m co CO C N m O y 0 N 0 5 3 Ca W 0 fl z x A 2 rn Lo d Ga o 0 CD rn CD �i. N n o rl N co 0� c-I b o N y>1 o r o m > A G b � H O H O 0 O U G if C Ll N � � � M Y 4 C �+ � � a o 0 O ro 3 N O o z Rf C N � Q o o C � o� � 0 w � s. y � w E3 N s. � v � o � U N cz a N O h 0 N O =1 � 0 O W m W 9 Library Board of Trustees Council to consider 2 board positions with term ending June 30, 2024. Those whose terms end June 30, 2021 are highlighted on the attached roster. Delano Blaizes is eligible and would like to be considered for reappointment. Linda Monds has served 6 consecutive years on the board and her term is expiring. New applications received and attached: Angela Godwin Ms. Gloria Gulledge would also like to be considered for reappointment to the Harnett County Library Board as the Dunn Library representative. Recommendation: Motion to reappoint Delano Blaizes and Gloria Gulledge for another term and to appoint Angela Godwin to the Library Board of Trustees for a term ending June 30, 2024. Special Note: Ms. Gulledge will be presented to the Harnett County Board of Commissioners for their approval. V) CU -J V Ecz 4-� F�1 cz ;-4 r-4 14 A N N M co co z N N N N N N N W O O O O O O O N N N N N" N O 66 O O 66 �!;M MM MM MM W. �o �o m �o .o ko ko 1E" O O O O Cl O O W O�o (0� O [-, O O Ln co O N N N N Z O 0 0 0 0 0 0 0 0 O i..� N N N N N N N N N N O. ri N rl 6 M O 4C), M d' 71 O c-1 O ry O ry ry 4'0 0Oo 000 0 0 rl O m OJ to to m tl Ln Ln W N c-I OW rn '.: N M to c-1 0� t\ 0� It N Ln [" co M0� N m W: O co co d' r-I O N O '..z. N Ln dt a N C� 0� 0� T lD Ln l0 T W N OJ x�� O l-1 O O 0 0 O as m �o co (71 0� 0� 0� ON �o e0 o 0 uo o ro O bA U .� ro Cja rn Cja ro U� z tC > ro o b p H ) •� tcq N [ G 3 O a T 9 "a V V1 O o A A w u a � Q: N O h �o r- a, O O O N O N N N m W N 1 c-I 'c1 ro � N ro PC o O W o O p, ro G 9 0 N O z:94 Q w z F w FS Community Appearance Committee No term limits have been set for this committee. Roster is attached for information purposes. A a IWO o 0 o N 00000 N N N N N o a+ N :.Z O N O N O N 0 N 0 N 0 N 0 N 0 N 0 N L. O O N H C0 W N 00 W 00 O0 00 00 �" 00 Qa O O O O O O O O O O 4 0, O, 0� a, a, O, 0� 0� C� 4 C3, O O O O O O O O O u 0 N ,D d' N O O -t M 00 r-I ,D 0 0 N M 1 O O 11 .--I O N o, �t ,O O N 00 O W ci N 00 N O ,D N N O ,D Z O N LO O, m m m O M t+� 00 M ,O co 00 h N O, N h O 0 0 O O O, O O, O 00 Q+ O CY, m 01 0! m O m m 0� G E CC F O O 0 0 O .� F O o O cz 'ro N 'O V G6 CZ O aJ O cq 00 (ZL r w as cz u ra ra: w (�� 1:J G' ca d N 'O Y D � 5 b ?� O o N O cn o o ro o a s tin a x a z x Ln n AoNno� y oO CDn,DHo O, H �-1 00 ,D O, �1 M [n Lo Lo N \O h \D N .Y C .+ b N N O O O 0 N W> w w ro o a z O .":3 W m 0 C7 z F w a DUNN DUNN - - W" 11 D �N N Aft America City All -America GiN 1 I City Council Agenda Form 1 I ®Meeting Date.- May y 1, 2021 1989 * 2013 1989 * 2013 SUBJECT TITLE: Reports - Goals and Objectives established by Council Presenter: City Manager Steven Neuschafer Department Heads Department: Admin Various Attachment: X Yes No Description: Monthly Reports Public Hearing Advertisement Date: PURPOSE: Attached please find the Monthly Reports for the Goals and Objectives as established by the Council at the 2021-2022 Budget Planning Retreat to include Goals not finalized from this current fiscal year. Changes are highlighted in yellow. BACKGROUND: Short-term Goals (FY2021.22 Completion) - Finalize and Support 195/140 Crossroads of America Economic Planning Alliance formation - Personnel Pay & Classification Study/Retention Plan/Training Programs (to include documentation) - Finalize Imagine Dunn Strategic Vision Plan and begin implementation/plans - Begin implementing Wayfinding System once rebrand is complete - One pager document for builders/developers (Planning & Inspections) - Lobby for Black River dredging - Initiate regularjoint meetings with Education officials - Trail from Tyler Park to Tart Park - Comprehensive Land Use Plan - Storm Water Drainage — Continue to Clean and Clear out Storm Water Inlets - Watauga Project Findings — Investigate and Determine Direction - Plan for Design, Phases and Cost for Juniper Creek project/Seawall Bulkheads for repairs - Paving Projects — Repair of Potholes and Small Scale Paving Projects - Aggressive Code Enforcement — Dilapidated and Boarded up - Residential and Commercial - Ordinance Revisions — Minimum Housing and Non -Residential - Purchase Sewer Jet for Storm Drain repair - Complete Technology Updates for Finance and Library - Merger Regionalization Study, Design and Determine Funding of Water Treatment Plant Long Term Goals and Objectives - Land transactions for Business Development supporting Community Growth - Address Infrastructure Needs — Paving, Water and Sewer, Storm Water Juniper Creek Improvements - Street Improvements - Water Treatment Plant - Government Facilities Upgrade: Police Locker Rooms, Public Works, Parks and Recreation, City Hall, Library and Water Tower — 301 South - Implement Strategies in the Vision Plan - Codrington Park Improvements Administration — Finance — Library — Planning — Inspections — Parks and Recreation Public Utilities and Public Works RECOMMENDATION/ACTION REQUESTED: Acknowledge receipt of the Monthly Goals and Objectives Reports. N O CD N N c Ln O co (� .p 0 •V > N_ 4-j CC_ I Q . 0 U) I I ® m a� ® N N N E N N O, O Ni N( N f2 N O am N M_ i f0 m O (7 m m I >. o Zi o U) j A 0 O • � a N O N O _ e a U � (n W EPr N o � a — O o 0 - (D w d N N - N cG � � 0 (n. m v mo Q I a • p_ �ji� � G � U 'a -dy �� � N C 0 w_ p w V V o � N -W N CO O p O j. 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Q2 _ m L o`015 roc a Sao cn N M d S 6 y "' D U-N'N"- CouncilCity Agenda 9q ba y. pp l h m � f rm r x MeetingDate: 2021 SUBJECT TITLE: Administrative Reports Presenter: City Manager Steven Neuschafer lpAdmin Attachment: X Yes No Description: Reports Public Hearing A PURPOSE: 1) City Manager's Report 2) Financial Report/Assessment Update 3) Monthly Departmental Reports included: - Communications/Public Information - Planning & Inspections Report - Public Works Report - Public Utilities Report - Parks & Recreation Report - Library Report - Police Report BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Acknowledge receipt of the Monthly Administrative Reports. north Carolina LW'DUNN city of dunn POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3500 • FAX (910) 230-3590 www.durn-ne.org MEMORANDUM To: Honorable Mayor, City Council Members From: James 0. Roberts, Finance Director Subject: Financial Report Date: May 11, 2021 Mayor William P. Elmore Jr. Mayo• Pro Tern Dr. David L. Bradham Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart Chuck Tumage City Manager Steven Neuschafer • The City, as of April 30, 2021, had $9,152,109 in cash from the General Fund and the Water -Sewer Fund combined. As of March 31, 2021, the city had had $10,175,643 in cash including the General Fund and the Water -Sewer Fund. As you can see, this is a decrease of $1,023,534. On April 30, 2020 we had $7,175,161. This is $1,976,948 less than we have currently. • We continue to received our tax payments and have received approximately 103% of our projected Property Tax budgeted revenue. Through March 31, 2021, we have received $3,882,488. In 2020 the March's property tax revenues received were $3,812,901. Total Taxes received through the end of March were $4,244,952. In 2020 we had received $4,097,735. We have received approximately $147,217 more in taxes this year than last year. There is a one month lag in reporting taxes received. This month is slightly more than 100% of our estimated receipts for the 2020 tax year which is $4,213,600. These totals include Property, Motor Vehicles, and Downtown Service District taxes. • Sales Tax Revenue continues to be very strong. Our February receipts were $215,604. For July through February, we have received $1,749,193, We are up $97,996 or 5.9% from the same time last year. Last year we had Sales Tax Revenue of $1,651,197. Our Budget for that income for the 2021 budget year is set at $2,160,000. Sales Tax Reports from the Department of Revenue are provided at least two months behind actual collections. Our next sales tax report will be May 15th. • Utilities Sales Taxes are reported quarterly. For the first Three Quarters we have received $491,922. For 2019 we had received $525,935, $34,012 more than this year. This report is for the quarter ending December 31, 2020 and the amount received for this quarter was $154,228. In 2019 we received $174,992 for this same time period. This amount includes Electricity, Natural Gas, Telecommunications, and Video Programming Sales Taxes. Our next report will be received on June 15th. Our budget for 2021 for these four areas is $739,000. DUNN 411-dmaeieaCill 110 1 1 Am cownu mailers 1984 * 2013 • Building Permit Fees for the month of April were $19,286, for March they were $24,877. In February they were $8,767, January they were $14,563. This year we have collected a total of $145,193 or 145% of budget. Last year we had collected $102,204.Our budget for this year is $100,000. • Water and Sewer Revenues for the month of April were $488,334, and March was $460,043. In February they were $460,330, and January they were $475,233. Last year in April we had collected $452,353. Our total collected to date is $4,858,633 or 83% of budget. Year to Date in 2020 was $4,761,892. We have surpassed last year's collection by $96,740. Our budget for the year is $5,850,000. • General Fund expenditures in April were $979,361. The total expensed to date is $9,767,569 or 83.7% of Budget ($11,664,500). For 2020 we had expended $9,436,392. • The Water and Sewer fund expenditures in April were $689,841. The total expensed to date is $5,027,063 or 68.9% of budget ($7,296,940). For 2019 we had expensed $4,371,348. The benchmark for this period is 84% of budget. • $62,336 Debt Service payments from the General Fund were made in April. Expenditures to date are $817,598 out of our total budgeted amount of $910,130. • $249,403 Debt Service payments for Water/Sewer were made this month. Our total for the year is $737,865 for all Water/Sewer Debt Service payments. Debt Service for the Water/Sewer Fund is budgeted at $1,015,200. Expenditures for City Of Dunn BudgetPmounl $ ft.66G�5W IWX 0/30/2021 E,pentlltu,es Ye arlo Bate $ 9.]0]$]0 g3.T.g Budget 0e malnln6 $ 1.g96�930 163A EXPENDITURES FOR THE CITY OF DUNN EXPENDITURES YEAR TO DATE NBUDGET REMAINING Expenditures f rWaterand Sewer B udgel Pmount 4/30/2021 Ependltutes Year to Date $ 5.027.069 609i Budget flema1nN6 $ 2.269.6]6 331y. WATER / SEWER EXPENDITURES $5,027,064 Ai EXPENDITURES YEAR TO DATE A5 BUDGET REMAINING City Council Financial Report Background Data DATE: 5/11/2021 General Fund Accounts iron Citizens Bank Acmnnt# HAVnttf O eudn Aeeonm 2a42612d49 S .. ja98,D0,031 Plrst Cif ns Wealth Mumrenu¢ 4LM68951 United CammuN BaWr Gherkin Attounl 2184103903 $ 1.70$ R-08' Wan 0731 General 47/93453 $ 4.4&1,21034i Dm Tar 47183868 $ 7099436 P-11Bill 4719A46 $ 56e,6ML:DS° Select BUS CrID&,o fDe oral 486031 IS 313.87610 Total for Month Ending 4/30/20211 1 $ 9,152,109,61; 3/31/2021 2/28/2021 1/31/2020 12/31/2020 Total 6e NI-11, End 4/30/20201 IS 7,175761,16- $ 7,6A,36500 $ ],]53,087.W $ 6,913,152. $ 6,925,8A92 Dift,-r $ -'1,976,D835 $ 2,521280,19 $ I,47,82169 $ 1,105,6M,70 $ 2,226,261,59 Water Sewcr Fund Accounts Account# Ha4nu' dreonnt Closed due m NCCdQ dasmg dtisore" NCChrf 65731 Tesm 620IJ521 $ Total for month ending 12/31 22020 $.. - Tumlb.mnntl endt. '12/31/s0W lard ded above DiElesntt 1not dad abr,,e . Water and Sewer Fund Revenue IJondr- Yaartobat, :Year.➢aleo00 : Budge12021 Water 30.371-0 $ `38,13830 $ 2twaa.31 S= 2.608,3)H4]. $: 3,2W,CW.W Seov 3n3720020 $ '`2ID$0645 $ 1213.7d8.8? $ d 2,15394,45 5' xtrot, t w Total Revenue $ 488744.75 $ 4658,632,93 $ 4,761,892.92 $ 5,850000A6l Parxnmfbud t 835% 89,0542 83,33% S : 96740.ol General Fund Revenue A,d Adl Anonercn8eemd Lm tC Iketed Bodget2021 Ysario Dam;JA1 Stunt Dre,20r0 Pm e Tar CuWcuons t0.301-0WO $ 9.8$2,48836, $2 317505W.W 1015/ 10.301-0W1 $ 35,4GAM $. 334,Sfo.w 1U301-WIO $ 231,4.899 ° 3' 36GWO.UO 10.901-01W $ 36.48k21 `$: 'z0'b.W 10.301-0101 I0.301-0210 $ 1'W.33 16301-0601 $ 20.33110a 10317.W S 18,7Td81 5` 18,W12W: S gtLt2150 $ - 4,0],735,00 S` `42186W.W 1 100.74% S : 147,27.50 don' a.." Ian ➢dr'.reh-lan cv S HIUD,50 3,59% ear Atrarrea Nooad Anteater, C 8e and Btdge1202t Ym3;i D...2021. Year to Date_020 S,ks Tae R-ne, 10.345A $ 21560117 $ - 1,,749.193,77 $ 1651197.00 $: 2160d00,00 81.0% $ '"97,99677 Iles Saes Tae lleavme 10.3374 S dRfi38177 S 560,WOW' 10.337-0 1 $... 454NM $ 66,300W 103374M 16.71501 $ 3$,00a(to itr3374o03 1 43597.79 $ 78.00om: Is 491.92E64 $ 5+i,935W $:. 739,000W 6L61/. f34,0133L Mundt Aano rtiC011med Am C $ rmd BudgetoWl yeaFODate1021 .Ytarm Da[e2020 Beiloo Prnnin 10.3554q(q $ -'19 tot $ 14519175 $ 11295200 $I 'IW,otom 145% E.peralittarr. il[ontL'' Amoi.,r dad roa n Es ended 83% Y efo Dar mDt :.:Yearaa2020 Gene,al Fond 10 $ 97936124 S-%767t%9.62 $'- 9,436,3'Y191 $' 116615W.W SON% %x',1,/Se,-Food 30 $ 68984103 $ 9 51M703A. $ 4371,M342' $.: 7.i96,94600 68.89% north carolina J IM L..�NN city of Bunn POST OFFICE BOX 1065 - DUNN, NORTH CAROLINA 28335 (910) 230-3500 a FAX (910) 230-3590 www.dtinn-lic.org U U i :. \ l U To: Honorable Mayor, City Council Members From: James 0. Roberts, Finance Director Subject: Liens and Accounts Receivables Date: May 11, 2021 Mayor William P. Elmore Jr. Mayo. Pro Tem Dr. David L. Bradham Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy fart Chuck Turnage City Manager Steven Neuschafer • The General Fund assessments, Water and Sewer assessments, and old demolitions total $127,314. Of this more than $82,000 is over 10 years old. This amount involves 41 individuals and we have not received any payments this month. Nothing new has been billed to these accounts so it has not changed from last month. • For our Weedy Lots and new Demolitions, the city has billed $485,485, we adjusted 9 and received payments of $158,130. This amount is over the last 20 years. The amount owed the city as of May 3, 2021 is $ 327,355. Much of this is in excess of 10 years old and not recoverable. • We have 181 liens in place totaling more than $ 320,000. Of these $13,041 are more than 10 years old leaving current charges of $307,072. • This month we invoiced 3 account for junk, and debris. This totaled $5,580. Only one payment was received in the amount of $50. • For Weedy Lots we billed $7,180. No payments received to date. Pope Law Group is continuing to work on foreclosures for several property owners. Two of these are on East Edgerton Street and East Duke Street. DUNN All-AMMCR Cltg mfiere comm tanL 7na&ers 1989 * 2013 •r • • 01-Achieved During the month of April I held meeting with each department to review a new online form software that will allow residents to fill out and sign forms through our website online. I also planned and completed our 1" Dunn Fun Run for Downtown. 02- In Progress I will soon begin training each department on our new online form software so they can start creating their forms for their department page on the website. I am applying for grants to beautify our alleyways and help with our caboose project downtown. 03- Goals My goal for this month is to get all departments trained on the form software. 04- Stats Facebook: Instagram: Page Likes: 3,494 (19 new likes) Page Like: 992 (28 new likes) Reach:7159 Reach:829 #1 post: Public Utilities Clean up (2k) #1 post: PU Clean Up #2 post: Spring Litter Sweep Postponed(1.6k) #2 post Litter Sweet Postponed Kaitlin Adkins kadkins@dunn-nc.org 910-230-350Q DuNN w�ma rmrznum! matteru March 2021 1 Monthly Development Report Planning & Inspections Department 1 102 N. Powell Ave., Dunn, NC 28334 1 phone 910-230-3503 1 fax 910-230-9005 www.dunn-nc.org �rd��n DuNN >s�eia tmnavml nmllem Code Enforcement Map March 1"to March 31", 2021 "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." 101 E. Cleveland St., Dunn, NC 28334 1 phone 910-892-2948 1 fax 910-892-8871 1 www.dunn-nc.ora *Data from Mobile311 work order system (does not include all work performed) 101 E. Cleveland St., Dunn, NC 28334 ( phone 910-892-2948 1 fax 910-892-8871 1 www.dunn-nc.org *Data from Republic Services report D0"NN aih ui "vo 1JhElY (OPtI4t!!l( ]lt�il(Y1J Public Utilities Dept 9 March 20211 Monthly Report 101 E. Cleveland St., Dunn, NC 28334 1 phone 910-892-2948 1 fax 910-892-8871 1 www.dunn-nc.org Leak Repair 10 Water. Construction 2 Sewer Construction 3 rant Repair 0 Vater Meter Repair/Investigations 175 Other —Sewer 11 *Data from Mobile311 work order system (does not include all work performed) *Data from A.B. Uzzle Water Treatment Plant records, and Finance Department billing. Dt_ INN � aun� >s�rz �omnnmifv maflers C Total Million Gallons Treated 117.49 *Data from NC DEQ DMR documents and Black River Wastewater Treatment Plant records Water and Sewer Project Update (Council Approved Projects) Golden LEAF Grant- Inflow and In progress -Flow monitoring and October 2021 Infiltration Study and Sewer Rehab smoke testing complete, Golden Project LEAF increased grant award to $456,086 to include replacement Hof 2,230 LFof sewer main. Council approved Grantee Acknowledgement and Agreement. Project is currently in permitting. 9 No bids were received on 4/15/21 so 2nd Bid Date is 5/20/21. 141nch Water line Abandonment In design phase-90%Complete. Fall 2022 ProjectSubmitted permits and expect to bid May/June 2021, Watauga Avenue, Bay Street, & Project awarded to Lorman July 2021 Broad Street Water & SewerConstruction, Construction started Project 3/1/21. Construction is 24 Complete. USDA Collection System Submitted application to USDA Fall 2022 Rehabilitation Phase 1 August 2020. Council approved conditions at March 2021 Council' Meeting. Engineering agreement approved at April 2021 Council Meeting Black River WWTP Septic Off Received Authorization to TBD IoadingStationi Construct Permit from ..NCDEQ. Bid date is 5/6/21. Dunn Parks & Recreation Department Monthly Review 1 Dunn Parks & Recreation 1205 Jackson Road, Dunn, NC 28334 1 (910) 892-2976 Phone (910) 892-7001 Fax I www.dunn-nc.oEg April 2021 �Ily Recreation Report 2021 Dunn Parks & Recreation April Monthly Narrative Report COVID-19 Our offices opened to the public on Monday, September 21". Guidelines were set in place to maintain a safe environment for employees and patrons. The office lobby has been limited to one person at a time, facemasks are required and individuals waiting outside must remain 6 feet apart. We continue to exhibit COVID rules and guidelines set for sports programs as well as limit program spectator attendance based on the department of human health services recommendations. Spring Sports Registration Softball season kicked off on April 19th for the Ponytails (12u) league. Darlings (8u) and Angels (10u) games began the following week. All baseball leagues (Majors 12u, AAA 10u, and AA 8u) games started on April 201h. Due to the lower number of teams, all baseball and softball teams will be participating in regular -season play with teams from other cities throughout the county. All home games are being hosted at Tyler park as construction continues at Tart Park. Instructional leagues (A 6u and T-ball 4u) began to practice on April 26`h. Their practices and games are taking place at Tart Park beside the P.K. Vyas Recreational Center. COVID guidelines are in place for all leagues to create a safer environment for park patrons to better reduce the chance of a COVID spread or outbreak. Picture day is scheduled for Saturday, May 151h for instructional leagues and Thursday, May 20' for baseball and softball leagues. All game schedules have been uploaded to the city's website. Tart Park Renovation The City was granted a six-month extension by the PARTF Authority for the project deadline. This extends the deadline from April 301h to October 31", 2021. The total project is 90 percent complete. The central complex is near completion as the general contractor prepares for the final inspection. Exterior park flatwork has been completed and park landscaping is progressing with trees, shrubbery, and sod. Upcoming milestones include batting cages, trail extensions, completion of the central tower, and dugouts. Special Events On April 16`h Harnett Health decided to hold their final vaccination clinic at the Dunn Community Center. They expressed their gratitude for the City's assistance in vaccinating the citizens of Harnett County and the surrounding areas during this pandemic. Recreation Advisory Board The last meeting was held on Tuesday, April 13, 2021, at 6:00 p. m. at Dunn Community Center. The next meeting is scheduled for August 10, 2021, at 6:00 p. m. at the Dunn Community Center. March 20211 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 0 *Peak live views/On-demand views. pauce� STATISTICAL REPORT: MARCH 2O21 TOTAL INCIDENTS REPORTED CRIMES BY TYPE 197 HOMICIDE 0 RAPE 2 ROBBERY 0 AGGRAVATED ASSAULT 4 BURGLARY (BY FORCE) 19 BURGLARY (NON -FORCE) 0 LARCENY FROM VEHICLE 5 LARCENY (ALL OTHER) 28 SIMPLE ASSAULT CRIMINAL INVE STIOATItNS CASES ASSIGNED 81 CASES CLOSED 81 RECOVERED PROPERTY VALUE $3 000.00 SEARCH WARRANTS EXECUTED 0 DRUGS SEIZED 0 JUVENILE INVESTIGATIONS CASES ASSIGNED 2 CASES FILED INACTIVE 0 CASES EX -CLEARED 0 CASES CLEARED BY ARREST 0 CASESUNFOUNDED 1 TOTAL CASES CLOSED 2 ADULT ARREST TOTAL 0 JUVENILE ARREST TOTAL 0 FELONY CHARGES TOTAL 1 MISDEMEANOR CHARGES TOTAL 0 RECOVERED PROPERTY VALUE 0 SPECAL OPERATIONS WORKED 0 COMMUNITY SERV./PRESENTATIONS 0 VALUE OF NARCOTICS/MONIES SEIZED 0 CURFEW WARNINGS 0 CURFEW VIOLATIONS 0 NARCOTICS INVEST. SEIZURES MARIJUANA 71 Grams COCAINE 1 Gram METHAMPHETAMINE 61.9 Grams HEROIN 21.2 Grams PILLS 0 OTHER DRUGS 6.8 Grams FELONY ARREST TOTAL 4 MISDEMEANOR ARREST TOTAL 18 FIREARMS SEIZED 0 PROPERTY VALUE 0 US CURRENCY $3,260.00 SEARCH WARRANTS 0 STREET VALUE OF DRUGS SEIZED $52X0.00 TOTAL DROP BOX MEDS COLLECTED 3,609 Grams of Pills PATROL DIVISION SPEEDING 67 SEAT BELT VIOLATION 1 PASSENGER SEAT BELT JUVNILE 0 NO OPERATOR'S LICENSE 22 DRIVE WHILE LIC. REVOKED 30 FAILURE TO STOP AT STOP SIGN 3 RUNNING RED LIGHT 6 FAILURE TO REDUCE SPEED 5 MISDEMEANOR ARREST TOTAL 52 FELONY ARREST TOTAL 16 FIREARMS SEIZED 7 MARIJUANA SEIZED 104.7 Grams COCAINE SEIZED 2.2 Grams HEROIN SEIZED 1.6 Grams OTHER DRUGS SEIZED 25.1 Grams US CURRENCY SEIZED $2,119.22 COUNTERFEIT CURRENCY $20 Bills # not known ANITNIAL CONTROL & SHELTER Total Calls: 39 CANINE PICKED UP 16 IN POUND 3 RETURNED 7 ADOPTED 14 ESCAPED 0 EUTHANIZED 0 BITES 2 ISOLATED 2 FELINE PICKED UP 34 IN POUND 19 RETURNED 0 ADOPTED 28 ESCAPED 0 EUTHANIZED 1 BITES 0 ISOLATED 0 ANIMALES, WARNINGS AND MILEAGE OTHER ANIMAL CALLS 1 Deceased Cat Other Animals: 1 Raccoon WARNINGS (Verbal) 4 CITATIONS 0 ANIMAL CONTROL VEHCLES VEHICLE #55 Mileage 886 VEHICLE #56 Mileage 1426 Pagel Announcements May 11, 2021 City Council Meeting ➢Dunn Chamber Concert featuring the Band of Oz will be held on Thursday, May 20' from 6:00 to 9:00 pm at the Shrine Center Parking lot. ➢ City offices will be closed on Monday, May 31 st in observance of Memorial Day. ➢ The next regular City Council Meeting is scheduled for Tuesday, June 8tn at 7:00 p.m. INFORMATION ■ Dunn Housing Authority Minutes ■ Community Appearance Committee Minutes ■ Thank You Letter — Passion Week DUNN HOUSING AUTHORITY BOARD MEETING 817 STEWART STREET SPECIAL MEETING MONDAY, APRIL 05, 2021 RESOLUTION # 2021-10 A SPECIAL MEETING WAS HELD ON MONDAY, APRIL 05, 2021, AT 10:00 AM TO DISCUSS THE AWARD OF BID FOR CAPITAL FUND CONTRACT NC 50119 FOR DOOR REPLACEMENT AND NC-1. UPON ROLL CALL, THE FOLLOWING WERE PRESENT: CHAIRMAN LESTER E. LEE, JR, VICE-CHAIRMAN EDDIE DRAUGHON, COMMISSIONER SADIE MCLAMB, AND BOARD SECRETARY DEBBIE N. WOODELL. COMMISSIONERS LOIS DAIL AND FRANCES PIERCE WERE NOT AVAILABLE. THE MEETING WAS CALLED TO ORDER BY CHAIRMAN LEE. VICE-CHAIRMAN DRAUGHON GAVE INVOCATION. CHAIRMAN LEE EXPLAINED THAT THE MEETING WAS TO DISCUSS THE BID TABULATION FROM STOGNER ARCHITECTURE. ALL MEMBERS OF THE BOARD VIEWED A COPY OF THE BOARD TABULATION AND HUD FORM-5369 (INSTRUCTIONS TO THE BIDDERS). IT WAS ACKNOWLEDGED THAT THE LOW BIDDER WAS STE GENERAL CONTRACTORS OF DUNN, NC; HOWEVER, ALL REQUIRED PAPERWORK WAS NOT IN THE SEALED PACKAGE AS REQUIRED, THEREFORE, THE BOARD NEEDED FURTHER GUIDANCE. THE BOARD ASKED THAT SECRETARY WOODELL DISCUSS THE ISSUE WITH HUD AND TO FIND OUT IF THE REQUIRED CONTRACTOR'S FIRM CERTIFICATION FOR NC RENOVATION, REPAIR, AND PAINT RULE COULD BE OBTAINED WHEN THE NEXT CLASS WAS OFFERED, WHICH WOULD BE APRIL 15, 2021. THE BOARD AGREED TO TABLE THE DECISION UNTIL A LATER DATE, FIRST MOTION TO TABLE THE DISCUSSION WAS MADE BY VICE-CHAIRMAN DRAUGHON AND SECONDED BY COMMISSIONER MCLAMB. AYES AND NAYS WERE AS FOLLOWS: AYES NAYS CHAIRMAN LESTER LEE VICE-CHAIRMAN EDDIE DRAUGHON NONE COMMISSIONER SADIE MCLAMB • • a ; RESOLUTION #: 2021-10 11VITH NO FURTHER BUSINESS TO DISCUSS, THE MEETING WAS ADJOURNED. �yAwrwM 1--m—mW..e4y -0. X"m SWIM w m DEB N. WO DLL SECRETARY DUNN HOUSING AUTHORITY BOARD MEETING 817 STEWART STREET SPECIAL MEETING THURSDAY, MARCH 25, 2021 A SPECIAL MEETING WAS HELD ON MARCH 25, 2021 TO DISCUSS THE 2021 LAWN CARE CONTRACT. UPON ROLL CALL THE FOLLOWING WERE PRESENT: CHAIRMAN LESTER E. LEE, JR, VICE-CHAIRMAN EDDIE DRAUGHON, COMMISSIONER SADIE MCLAMB, AND BOARD SECRETARY DEBBIE N. WOODELL. THE MEETING WAS CALLED TO ORDER BY CHAIRMAN LEE. VICE-CHAIRMAN DRAUGHON GAVE INVOCATION. CHAIRMAN LEE ADVISED THE BOARD THE REASON FOR THE MEETING WAS TO DISCUSS THE LAWN CARE CONTRACT FOR 2021, THE LOWEST BIDDER WAS.CALEB SILLS OF BENSON, NC IN THE AMOUNT OF $18,500.00. FIRST MOTION TO ACCEPT THE BID WAS MADE BY VICE-CHAIRMAN DRAUGHON AND SECONDED BY COMMISSIONER MCLAMB. AYES AND NAYS WERE AS FOLLOWS: AYES NAYS CHAIRMAN LESTER LEE VICE-CHAIRMAN EDDIE DRAUGHON NONE COMMISSIONER SADIE MCLAMB. MOTION CARRIED. RESOLUTION #: 2021-09 WITH NO FURTHER BUSINESS TO DISCUSS, THE MEETING WAS ADJOURNED, LESTER E. LEE, JR. CHAIRMAN 11 bEBBIE'N. WOODELL SECRETARY DUNN HOUSING AUTHORITY BOARD MEETING `.% 817 STEWART STREET DUNN, NC 28334 MONDAY, MARCH 15, 2021 5:30 PM THE DUNN HOUSING AUTHORITY BOARD MEETING WAS CALLED TO ORDER ON MONDAY, MARCH 15, 2021 AT 5:30 PM BY CHAIRMAN, LESTER E. LEE, JR. VICE-CHAIRMAN DRAUGHON GAVE INVOCATION. UPON ROLL CALL, THE FOLLOWING WERE PRESENT: CHAIRMAN LESTER E. LEE, JR, VICE-CHAIRMAN EDDIE DRAUGHON, COMMISSIONERS SADIE MCLAMB, LOIS DAIL AND FRANCES PIERCE. SECRETARY DEBBIE N, WOODELL AND HOUSING MANAGER, MARSHA BASS, WERE ALSO PRESENT. MINUTES OF THE JANUARY BOARD MEETING WERE READ AND APPROVED. FIRST MOTION TO ACCEPT THE MINUTES WAS MADE BY VICE-CHAIRMAN DRAUGHON AND SECONDED BY COMMISSIONER PIERCE. AYES AND NAYS WERE AS FOLLOWS: AYES NAYS CHAIRMAN LEE NONE VICE-CHAIRMAN DRAUGHON COMMISSIONER FRANCES PIERCE COMMISSIONER SADIE MCLAMB COMMISSIONER LOIS DAIL MOTION CARRIED. RESOLUTION #: 2021.06 OCCUPANCY REPORT: TOTAL RENT FOR THE MONTH WAS $34,391.00. THE AVERAGE RENT PER UNIT WAS $240.50. SINCE THE FEBRUARY BOARD MEETING, THERE WERE THREE MOVE -INS AND FIVE MOVE OUTS. THERE WERE NO TRANSFERS. THERE WAS ONE TENANT ACCOUNT TO CHARGE OFF: CLARISTA WEST IN THE AMOUNT OF $103.00 FIRST MOTION TO APPROVE THE CHARGE OFF WAS MADE BY COMMISSIONER DAIL AND SECONDED BY VICE-CHAIRMAN DRAUGHON. AYES AND NAYS WERE AS FOLLOWS: 11 AYES CHAIRMAN LEE VICE-CHAIRMAN DRAUGHON COMMISSIONER FRANCES PIERCE COMMISSIONER SADIE MCLAMB COMMISSIONER LOIS DAIL MOTION CARRIED. RESOLUTION #: 2021.07 THERE WERE TWO RECOVERIES FOR THE MONTH OF MARCH: 03/09/2021 BRANDY BRIDGES $109.00 09/09/2021 QUANETTAJOHNSON 61.00 $170.00 NAYS f► 4IN i RECOVERIES OF OLD ACCOUNTS YEAR-TO-DATE WERE $ 1034.00 CHARGED -OFF ACCOUNTS YEAR-TO-DATE WERE $0.00 THE FEBRUARY FINANCIAL REPORTS WERE UNAVAILABLE. THE BOARD WILL REVIEW THE REPORTS AT THE NEXT BOARD MEETING, BUSINESS: SINCE LAWN CARE WAS RE-BIDDED, THREE BID PACKETS WERE RECEIVED AND OPENED. BIDS ARE AS FOLLOWS: 1. JOSHUA NORRIS NC LAWN MAINTENANCE, LLC 52 WARRIORS WAY ANGIER, NC 27501 2. ROOKS LAWNCARE LLC 2025 JONESBORO ROAD DUNN, NC 28334 19 BID TOTAL FOR 9 MTHS: $109,440.00 $57,600.00 K 3. CALEB A. SILLS 1231 SHADE TREE ROAD 18,500.00 BENSON, NC 27504 AFTER SOME DISCUSSION, CHAIRMAN LEE ASKED SECRETARY WOODELL TO CONTACT CALEB SILLS FOR A MEETING WITH THE EXECUTIVE DIRECTOR AND THE BOARD OF COMMISSIONERS. SECRETARY WOODELL WILL CONTACT CHAIRMAN LEE AND OTHER BOARD MEMBERS TO SET UP THE MEETING. LETTERS TO REAPPOINT CHAIRMAN LESTER E. LEE, JR AND VICE-CHAIRMAN EDDIE R. DRAUGHON WERE SENT TO MAYOR ELMORE AFTER BOTH EXPRESSED THEIR DESIRE TO MAINTAIN THEIR POSITIONS ON THE DHA BOARD. BOTH TERMS WOULD HAVE ENDED ON JUNE 30, 2021. ONCE APPROVED BY THE MAYOR, THE HOUSING AUTHORITY AND COMMISSIONERS WILL BE NOTIFIED IN WRITING. THE RESIDENT -COMMISSIONERS TERM WILL ALSO END ON JUNE 30, 2021. COMMISSIONER MCLAMB STATED THAT SHE WOULD ALSO LIKE TO REMAIN ON THE HOUSING AUTHORITY BOARD. FIRST MOTION TO REAPPOINT COMMISSIONER MCLAMB WAS MADE BY COMMISSIONER LOIS DAIL AND SECONDED BY VICE- CHAIRMAN DRAUGHON. AYES AND NAYS WERE AS FOLLOWS: C ; AYES NAYS Au/ CHAIRMAN LEE NONE VICE-CHAIRMAN DRAUGHON COMMISSIONER FRANCES PIERCE COMMISSIONER LOIS DAIL MOTION CARRIED. RESOLUTION #: 2021-08 A LETTER FOR THIS REQUEST WILL BE MAILED TO MAYOR ELMORE BEFORE MARCH 31, 2021. COMMUNICATIONS: THE BOARD REVIEWED THE 2021 CAPITAL FUND AWARD. COMMISSIONER PIERCE ASKED QUESTIONS CONCERNING THE USE OF GRANTS. SECRETARY WOODELL EXPLAINED THE USE OF THE GRANTS AS WELL AS THE IMPORTANCE AND HUD REQUIREMENTS OF THE ANNUAL PLAN AND FIVE-YEAR PLANS. THERE WAS ALSO SOME DISCUSSION OF THE POSSIBILITY OF DIFFERENT RENOVATIONS, DEMOLITION, AND NEW CONSTRUCTION. SECRETARY WOODELL TOLD THE BOARD THAT ONCE SUCH REQUESTS WERE INCLUDED IN THE FIVE-YEAR PLAN AND THE ANNUAL PLAN, EVERYTHING WAS PUT IN PLACE BY THE ARCHITECT AND THEN APPROVED BY HUD BEFORE IT THE HOUSING AUTHORITY BEGAN THE ACTION ON IT. 3 CHAIRMAN LEE SPOKE ABOUT THE PRE -BID CONFERENCE THAT WAS HELD ON MARCH 10, 2021. THE PRE - BID CONFERENCE ALLOWS CONTRACTORS TO ENTER DIFFERENT UNITS FOR THE PURPOSE OF PRICING BIDS, CHAIRMAN LEE SAID HE AND MAINTENANCE SUPERVISOR, RICKY STEPHENSON WENT THROUGH SOME UNITS WITH THE CONTRACTORS AND ARCHITECT, DAVID STOGNER. THERE WERE LOTS OF QUESTIONS ANSWERED. HE ADVISED THE BOARD MEMBERS THAT THE BID OPENING WOULD BE HELD BY A ZOOM MEETING ON MARCH 24, 2021 AT 3:00 PM, SECRETARY WOODELL TOLD THE BOARD THAT THE OPERATING SUBSIDY APPLICATION HAD BEEN PRESENTED FOR THEIR REVIEW AND WAS DUE IN THE HUD OFFICE ON MARCH 09, 2021. SHE STATED THAT BRENT UMPHLETT'S OFFICE PREPARES AND SUBMITS THE SUBSIDY CALCULATION FORM. THERE WERE NO QUESTIONS OR COMMENTS, WITH NO FURTHER BUSINESS TO DISCUSS, THE MEETING WAS ADJOURNED. LESTER E. LEE, JR. CHAIRMAN DEBBIE'N. WOODELL SECRETARY m Minutes Community Appearance Committee Monday, March 8, 2021 at 6:00 p.m., Dunn Municipal Building PRESENT: Chairman Meredith Bradham, Ann Fairley, John Frazee, Linda James, Elyse Johnson, Tasha McDowell and Lynwood Massengill. City Staff: Assistant City Manager Mathew Boone and City Clerk Tammy Williams. Absent: Cindy Atkins, Wesley Johnson and Marian McDonald. Chairman Bradham called the meeting to order at 6:00 p.m. Motion by Frazee and second by Fairley to approve the minutes as presented. The motion carried Reports: Cemeteries Clean Up Boone updated the committee on the cemeteries cleanup. He reported that old flowers and materials are being removed according to guidelines. They are holding materials in good shape for 30 days to allow time for families to pick up before discarding. Hoping to be finished before Easter. Anti -Litter Campaign/ Community Clean Up Bradham shared that the Dunn Spring Litter Sweep has been planned for Saturday, April 24 from 9:00 a.m. to 11:00 a.m. Having one meeting location to make distribution of supplies easier. She shared that she will be giving update at council meeting and asking for their support as the goal is to cover areas in each ward. Also need committee members to volunteer to help for each ward station. Volunteers from meeting: Bradham, Fairley (Ward 3), W Johnson, E Johnson, Massengill and McDowell. Promotions are going to be through City and they will reach out to Chamber, Tourism and Media. Need committee members to reach out to others in the community. Contacts as follows: Bradham - Lucknow, DUMA (through Pastor Howard), and Triton; McDowell - Woman's Club and Central Baptist Scouts; Fairley - Greeks of Harnett County; E Johnson - HarnettArts and Simply Girls; and she volunteered W Johnson for Dunn Rotary; Massengill will reach out to see if information can be included in the Gleneagles newsletter. Dunn PAL was also mentioned and Williams has already reached out to the Dunn -Erwin Rotary Club and Rob Jones has already committed his scout troop. Williams updated that the anti -litter theme chosen through the vote was "Every Litter Bit Hurts'! She also reported on the Keep Harnett Beautiful meeting. Dunn cleanup is the last day of the litter sweep and she has added that partnership to the flyer. E Johnson suggested adding hashtags to the flyer: #EveryLitterBitHurts, #KeepHarnettBeautiful, and #WeLiveHere (Harnett's campaign theme). E Johnson also mentioned that some of the Imagine Dunn banners were starting to look bad, being twisted. Williams shared that they will look into getting that handled. Williams added that she will meet with the Communications Coordinator Adkins and come up with a proposed plan for the Anti -Litter Campaign and bring back to the committee. Bradham added that it would be great if some committee members will be at the Council meeting to be recognized during her presentation. It will be the first thing on the agenda and then everyone could leave. Murals/ Visual Arts E Johnson presented idea to contribute bottle -cap art for display somewhere in the city (maybe downtown). McDowell added that the committee needs to collaborate with the Downtown Dunn Development Corporation since they are working on the same things. Boone added that with both committees working together, the art may happen quicker. Johnson shared that she will donate the art, which will be completed by her art students, but she might need the wood for it to hang on. Frazee stated that with the current economic times that we might need to focus on projects that are low cost or donated. Johnson reminded committee that art is a business and she and other artist cannot always afford to donate everything. Various suggestions for the art included downtown, the library, and Dog Park. Frazee added that he would be willing to donate a sign for the art, if needed. Johnson and McDowell will work together to come up with a plan - concept, size, what will be needed from the committee, etc., so that this project can move forward and we can find the right location for the art. Frazee added that art is a great part of attracting people and beautifying the city and talked about the artwork in Beaufort. James complained about furniture and mattresses being left beside the road all weekend that was put out on Friday. She also shared complaint about the city leaving her a note concerning where she left a mattress. Bradham recommended promoting rules concerning pickup and when these pickups are made. McDonald added that it will be helpful to see some visual results from the committee. The next meeting will be held on April 12, 2021 at 6:00 p.m. With no additional business, the meeting was adjourned at 7:10 p.m. Respectively Submitted, Tammy WilliUls, CMC City Clerk 6050 PLAIN VIEW HWY DUNN, NC 28334 5) 910 892 7914 ` , WWW.CBCDUNN.COM F&@ April 14, 2021 Steven Neuschafer PO Box 1065 Dunn, NC 28335 Dear Mr. Neuschafer and City Council Members, I would like to thank you for the privilege of using the city property for our annual Easter Passion Week services. The services were a joy. To see the many churches represented and to hear from our area speakers was wonderful. The weather was excellent for most of the week. We deeply appreciate your consideration of area churches and Christian citizens. God Bless You! Sincerely, Tom Wagoner Lead Pastor on behalf of the Passion Week Council f t 1 0- TOM WAGONER CAMERON CLOUD JAMES NEAL DARREN HUGHES JEREMY AUTRY CHUCK MEADE LEAn PASTOR co-Pd0$"P' R IGW'?LBCG."MN PASTOR JtDMMISIRATPE/ CHWDREWS PA.gro'i st DDI"T ,b°}10R WORSHIP PASTOP 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 Under the North Carolina General Statutes or regulations. Under the regulations or laws of the United States. [N.C.G.S. 143-318.11(a)(2)] Prevent the premature disclosure of an honorary award or scholarship [N.C.G.S. 143-318.11(a)(3)] Consult with the Attorney To protect the attorney -client privilege. To consider and give instructions concerning a potential or actual claim, administrative procedure, orjudicial action. To consider and give instructions concerning a judicial action titled vs [N.C.G.S. 143-318.11(a)(4)] To discuss matters relating to the location or expansion of business in the area served by this body. [N.C.G.S. 143-318.11(a)(5)] To establish or instruct the staff or agent concerning the negotiation of the price and terms of a contract concerning the acquisition of real property located at (OR) To establish or instruct the staff or agent concerning the negotiations of the amount of compensation or other terms of an employment contract. [N.C.G.S. 143-318.11(a)(6)] To consider the qualifications, competence, performance, condition of appointment of a public officer or employee or prospective public officer or employee. (OR) To hear or investigate a complaint, charge, or grievance by or against a public officer or employee. [N.C.G.S. 143-318.11(a)(7)] To plan, conduct, or hear reports concerning investigations of alleged criminal conduct. School violence 143-318.11(a)(8) and terrorist activity (9).