Town of Dallas Agenda October 8, 2019 6:00 PM BOARD OF ALDERMEN Rick Coleman, Mayor Jerry Cearley, Mayor Pro-Tem  Allen Huggins Stacey Thomas ITEM SUBJECT  Darlene Morrow E.Hoyle Withers  Page  1. Invocation and Pledge of Allegiance to the Flag 2. Approval of Agenda with Additions Or Deletions 4. Recognition of Citizens: Time set by Mayor A. Carr Elementary School Students of the Month 5. Consent Agenda (to be acted on collectively, unless removed for further discussion) A. Community Planning Recognition Proclamation B. Gaston County Schools - Town of Dallas Cooperation Agreement Renewal Resolution Awarding Vehicle. Financing to BB&T D. Town Events - Trick or Treat on the Square and Veteran's Day E. Submission of Written Off Accounts to NCI Debt Setoff  3. Approval of Minutes  A. September 10th Regular Meeting and September 24th Work Session  2  9 11 24 27 30 32 35 51 53 64 68 82 84 88  5. Public Hearings  A. Non-Conforming Uses - Cont'd B. Decriminalization of Zoning Ordinances . C Cemetery Ordinance D. Petition for Annexation - Ollie Way 7. Old Business A. Code Enforcement Position 8. New Business  A. Dallas High School Apartments Managing Member Change  B. Gaston County Toy Run for Kids C. Town Signage D. Power Usage by Vendors at Town Events 9. Manager's Report: 10. Closed Session:    TOWN OF DALLAS SEPTEMBER 10, 2019 6:00PM  MINUTES FOR BOARD OF ALDERMEN MEETING  The following elected officials were present: Mayor Coleman, Alderwoman Thomas, Alderman Huggins, Alderman Withers,  Alderwoman Morrow, and Alderman Cearley.  The following staff members were present: Maria Stroupe, Town Manager; Da'Sha Leach, Town Clerk; Tom Hunn, Town Attorney; Allen Scott, Police Chief; Tiffany Faro, Development Services Director; Doug! Huffman, Electric Director; Jonathan Newton, Finance Director; Garrett Lowery, Recreation Director; Bill Trudnak, Public Works Director; Matthew Knuapp,  Assistant Fire Chief, and Earl Withers III, Fire Chief. Robert Walls, Police Captain was absent.  Mayor Coleman called the meeting to order at 6:00 pm. He opened with the Invocation and the Pledge of Allegiance to the Mayor Coleman read the meeting rules for the audience. He asked ift there were any additions or deletions to amend the agenda. There were two changes: Remove Item 8B until the Work Session on September 24th, and Add a Closed Session. Alderwoman Morrow made a motion to approve the agenda with changes, seconded by Alderman Cearley, and carried  Flag followed. He welcomed everyone to the meeting.  unanimously.  Alderwoman Thomas made a motion to approve the minutes from August 20th, 2019 Regular Meeting and August 27th Work  Session, seconded by Alderman Withers, and carried unanimously.  Recognition of Citizens:  Anne Martin, 3328 Dallas High Shoals Rd., She discussed the back to school drive at the Dallas gym and gave thanks to the  Police Chief, his department, and everyone else involved in making the event great for the children. Curtis Wilson, 438 S. Gaston St., He prayed over the Town, Leadership, and the Employees.  Consent Agenda:  Fire Prevention Week Resolution (Exhibit A) Public Power Week Resolution (Exhibit B) Resolution for Asset Inventory Grant (Exhibit C)  Alderwoman Morrow made a motion to approve the Consent Agenda, seconded by Alderwoman Thomas, and carried  unanimously.  2    Public Hearings:  Item 6A was al Public Hearing for Permitted Uses Chart and Text Amendment Updated. This item was reviewed at the. July 3rd Work Session. A Public Hearing was opened at the August 20th meeting and continued due to ar missing consistency statement. The Development Services Director is recommending an update to our zoning ordinance to provide additional clarity for our permitted usesi in each zoning district. Currently our permitted uses are listed as text under each zone identified, making the ordinance very lengthy and challenging to navigate. By replacing the text list with a permitted use chart- adopted as Appendix Co of our Zoning Code- we will be able to provide a quick reference for residents and businesses on our allowable usesi in each: zone. Along with this formatting change, an update to the permitted usesi is reflected ini the proposed chart. Key changes being proposed include, but are not limited to:(1) Streamlined uses within B-3 Central Business to promote more restaurant/retail activity. (2) Expansion of allowable uses in Business zones to attract new businesses aswe grow. (3) Elimination of zones not currently in use = uses incorporated into existing zones instead. (4) Industrial and Business zones primarily reserved for those uses- new residential in these zones to require conditional approval. (5) Some Industrial zone uses proposed as conditional only (relating to noise levels, odor, andi impact on surroundings. (6) Added uses for additional clarity that were not listed before- adult businesses, solid waste/ septic facilities, bed & breakfasts, smoke shops, fitness centers, etc. Because supplemental regulations are currently within thet text of the permitted uses, Staff and Planning Board are also proposing to relocate those elements to their own: section- instead of within the requirements of each specific zone. This chart, and accompanying text, are proposed to be. reviewed and updated again after analysis of our current land use map, or as needed to accommodate the Town's anticipated growth. The Town will begin community engagement efforts regarding desired land use map updates in this fiscal year. Mayor Coleman asked the Board ift they have any other comments or questions. There were none. Mayor Coleman asked the audience ift they have any other comments or questions. There were none. Alderwoman Thomas made a motion to exit the public hearing, seconded by Alderman Withers, and carried unanimously. Alderman Withers made a motion to approve. the Chart and Text Amendment Update with the Consistency  tatement as presented, seconded by Alderman Cearley, and carried unanimously. (Exhibit D)  Item 6B was al Public Hearing on Non-Conforming Uses Text Amendment. Alderwoman Thomas made a motion to enter the public hearing, seconded by Alderwoman Morrow, and carried unanimously. The Development Service Director Ms. Faro presented that the Planning Board's request recommended for ai text amendment to the Non-Conforming Uses text to expand the allowances for non-conforming uses within the B-3 Central Business District. The current text states that a non- conforming use of any! building or structure which is damaged to an extent exceeding 50% of its then reproduction value, exclusive oft foundations, by fire, flood, explosion, earthquake, war, riots or Act of God, shall be discontinued, and such building ors structure shall thereafter be used only in conformance with the provisions of the zone in which located. The proposed amendment would allow current non-conforming uses that located within B-3 that have been in operation for 5+ years to resume activities at their current location in the event of damages to the building or structure- regardless of the extent, as long as the use was resumed within 9 months. The consistency statements were read to the Board and audience. Mayor Coleman asked the audience ift they have any other comments or questions. Audience member Mike Fields questionedi further consideration of the timeline for repairs due to the timing needed when dealing with lengthy processing with insurance companies. Ms. Faro responded. Town Attorney Mr. Hunn asked for clarification on the timeline to ensure the change is suitable to alli instead of a case by case situation. The Board decided that this item will need moret time to clear up the verbiage before an official vote. Alderwoman Morrow made a motion to continue until October gth, 2019 Regular  Board Meeting, seconded by Alderman Withers, and carried unanimously. (Exhibit E)  3    Public Hearings continued:  Item 6C was al Public Hearing on Ordinance Enforcement: Criminal VS. Civil. Alderwoman Thomas made a motion to enter ep public hearing, seconded by Alderman Withers, and carried unanimously. The Development Services Director Ms. Faro requested at transition from criminal enforcement oft the Town's nuisance ordinances to civil enforcement, which requires the approval of several text amendments. The ordinances read that violators shall, upon conviction, be guilty of a misdemeanor and subject to ai fine not to exceed $50 or imprisonment not to exceed 30 days, and each day that any of the provisions violated shall constitute a separate offense. The enforcement method in place now requires a significant amount of staff time and resources with no guaranteed abatement action. A transition to civil penalties allows Development Services and/or Public' Works to handle both the notice and penalty of these violations. Since civil penalties can accrue daily until cleanup occurs, and are collectable ina a variety ofr methods including court action, NCI Debt Setoff, and/or property liens, staff anticipates increased compliance with the necessary abatement of violations. While iti is legal to retain criminal enforcement while adding civil penalties, the North Carolina Supreme Court has held that ifal local ordinance is criminally enforceable under G.S. 14-4, then the clear proceeds of any civil penalty or fine assessed for a violation of the local ordinance must be remitted to the local school administrative unit(s) int the county in which the penalty or fine was assessed. This item was discussed at the August 27th Work Session andi is ready for approval. Mayor Coleman asked the audience ift they! have any other comments or questions. Mr. Queen said he has a nuisance problem with racoons. Alderman Withers made a motion to exit the public hearing, seconded by Alderwoman Morrow, and carried unanimously. Alderman Withers made a motion to approve as presented, seconded by Alderman Cearley. Yays were Alderman Withers, Alderman Cearley, Alderwoman  Morrow, and. Alderman Huggins. Nay- Alderwoman Thomas. (ExhibitF F)  Old Business: NONE New Business:  Item 8A was a Request for the Annual Crop Walk. This evênt is ai fundraiser and it will be held on Sunday, October 20, 2019 from 2:00pm to 4:30pm at Cloninger Parki in Dallas. The estimated attendance willl be approximately? 110 people. This event has been very successful int the past years andi iti is open to the general public. Alderwoman Morrow made a motion to  approve, seconded by Alderman Cearley, and carried unanimously. (ExhibitG)  Item 8B was the Code Enforcement Position. This item was removed from the agenda and will be discussed on September  24th 2019) Work Session. (ExhibitH)  Manager's Report and General Notices:  -The last Cruise-in and Concert will be on Saturday, September 14thfeaturing 20 Ride.  -FUSE Ground Breaking Ceremony will be on October 3rd at 5pm and they would like an RSVP for any Board members that -NCDOT projects are on hold, including Hwy 279, and 185. The CMAP project has been through processing and the approval  plan to attend.  should come in by the end oft the month.    Closed Session  Alderman Huggins made a motion to goi into Closed Session to discuss instructing the public body's staff or negotiating agents ncerning the position tol bei taken by or on behalf oft the public bodyi in negotiating the price and other material terms ofa contract or proposed contract for the acquisition or real property by purchase, option, exchange, or lease as provided for in Alderman Withers made a motion to exit the Closed Session, seconded by Alderman Cearley, and carried unanimously. (7:20)  G.S. 5143.318.11., seconded by Alderman Withers, and carried unanimously. (6:46)  No Action was taken.  Alderman Withers made a motion to adjourn, seconded by Alderwoman Morrow, and carried unanimously. (7:24)  Rick Coleman, Mayor  Da'Sha Leach, Town Clerk  5    TOWN OF DALLAS SEPTEMBER 24, 2019 5:05 PM  MINUTES FOR BOARD OF ALDERMEN MEETING  The following elected officials were present: Mayor Coleman, Alderman Cearley, Alderwoman Thomas, Alderman Huggins,  Alderman Withers, and Alderwoman Morrow.  The following staff members were present: Maria Stroupe, Town Manager; Da'Sha Leach, Town Clerk; Allen Scott, Police Chief; Tiffany Faro, Development Services Director; Doug Huffman, Electric Director; Jonathan Newton, Finance Director; Garrett Lowery, Recreation Director; Bill Trudnak, Public Works Director; Robert Walls, Police Captain and Earl Withers Il,  Fire Chief. Tom Hunn, Town Attorney was absent.  Mayor Coleman called the meeting to order at! 5:05 pm. He opened withi the Pledge of Allegiance to the Flag. Mayor Coleman asked ift there were any additions or deletions to amend the agenda. Alderwoman Thomas made a motion  to approve the agenda, seconded by Alderman Cearley, and carried unanimously.  New Business:  Item 3A was a discussion on the Cemetery Ordinance Proposal. This item was discussed at the August 27th Work Session and the Board requested that the item be brought back for another discussion to gain clarity on how to go forward. After much iscussion on the proposed change and the example froms the other municipalities, the Board decided have the Cemetery  Ordinance Proposal as an item on the October gth Agenda for a vote. (Exhibit A)  Item 3B was a discussion on Code Enforcement Position. On September 10th 2019 Regular Board Meeting, the Board decided to move this item to the Work Session for further discussion. As growth and development opportunities continue to increase for Dallas, it has become increasingly difficult: fort the Development Services Director to devote. the time needed to pursue economic development for the Town, review and accomplish ordinance revisions, and address code enforcement complaints and violations in our Town. Inorder to maximize the Development Services Director's time and abilities, a proposal to add a Part-Time Code Enforcement Position to work in the Community Development Department is requested for consideration. The position would work approximately 20 hours per week on average and would receive, investigate, and enforce Town ordinances in relation to code enforcement violations and complaints. The addition of this position would facilitate the timeframe within which violations could be remediated. A current listing of complaints and violations received by the Development Services Director was reviewed. Many of the complaints are still waiting to be addressed, while more complaints and violations are received each week. Each violation requires a minimum oft three (3) site visits: 1)1 To verify the initial violation, 2) To follow up aftert the initial deadline, and 3)1 To follow up after abatement to confirm compliance. There are approximately 15 new calls per month concerning code enforcement issues. A proposed. Job Description for the position was reviewed. The Board shared concerns over the salary in reference to other salaries in other departments. Town Manager Stroupe explained some of the difference on skillsets needed for specific jobs and how she arrived at the recommended salary. The Board encouraged Ms. Stroupe to meet with the Department Heads to discuss salary concerns. he Board consensus to move forward with adding item to the October gth Agenda for a vote. There will be a budget  amendment to accompany the approval of the position. (Exhibit B)  6    Item 3F was a discussion and presentation on Safety" Training. Chief Allen Scott facilitated a training andi informational exercise to raise awareness of potential scenarios that could occur during meetings and to help establish procedures for ficials and: staff in the event of such occurrences. Chief Scott played ay video and gave details on how this situation occurred. The purpose of the discussion was to inform the Board and Staff on the potential danger as well as to come up  with ideas on how they should leave the building in the event of ani issue with ai threat.  Break 6:27-6:35  Item 3C was a discussion on Town Signage Proposal. Earlier this spring, a sub-committee oft the Board of Aldermen was formed to coordinate with) Visual Inception on proposed signage to be placed on Highway 321 to designate the Town limits. Ap proposed drawing for the signage was reviewed as well as a quote. Although the original rendering was in black and grey, color options were available for review. The Board decided they would like to have a Yellow Gold Option, noting that Vegas Gold was considered before. They agreed that the font size was acceptable. Itwas decided that the sub-committee would  meet to make a recommendation for thei full board for an official vote. (Exhibitc)  Item 3D was a discussion Density and Development. Gaston. County is poised for significant growth int the near future, and because of that, Dallas is now beginning to see development interest ini increased density. The Development Services Director Ms. Faro currently has several major subdivision projects being explored- all of which are looking to maximize the density of those sites in response to the growth we are experiencing in our area beyond what we currently offer. Ms. Faro asked how would the Board of Alderman like to respond to the demand for density sO she can talk to any prospective eveloper to guide them on what fits fort the Town. Ms. Faro explained to The Board. on the following things to consider: (1) Reduced lot sizes for single family residential (a petition fort text amendment has already been submitted for consideration) permitted by-right. (2) Conditional Use Permits and/or Conditional Zoning - density allowed in certain situations with Board approval. (3) Density credits- increased density in exchange for certain elements (% affordable, commercial, etc.) (4) Accommodations for attached housing. (5) Reduced setbacks (either front, side, rear, or all) within specific zones. (6) Mixed Use and/or Downtown Development" zones for walkable housing options near downtown. The current zoning displays the easiest way for most developers to maximize lots is through the creation of apartment units. Updating the zoning ordinances to respond toi the growth would allow Dallas to promote a variety of housing choices for residents, and helpt to shape the appearance of our Town ina a more diverse way. Ms. Faro stated that the Planning Board would like to see a mixed use to allow for density. The Board shared concerns ons street parking, and to keept this in mind to possibly increase frontage  setbacks.  Item 3E was a discussion Cut Off Procedures/ After Hours Fee. This discussion was to provide information that willl better equip officials and: staff to understand cut off procedures and timelines when they are approached by citizens and/or customers. There is no avenue to assess an after-hours fee in the event an account is reconnected at the customer's request after normal business hours due to payment not being made during business hours. Therefore, after-hours reconnection is only done in extreme circumstances, not by citizen request. A recent scenario was discussed and staff wanted the Board to know all the details of the situation. After much discussion about the timeline and process of the cutoff procedures, the  Poard decided they would leave the procedure as it is. (Exhibit D)  7    Manager's Report and General Notices:  here will be an open house reception for the new Gaston County Manager Kim Eagle, an invitation was given to the Board. -CarrE Elementary School will have their chorus perform in the Carol's on the Square, they will be participating in the Trick or Treat, and they will be participating in the Dallas Parade. Starting in October, there will be recognition for the student oft the month fore each grade during the citizens recognition section ofe each meeting to: show support of the school and the students. The Walk to School Event for the student will be on October 2nd. There are open invitations for guest readers to read al book  with the students in. January and February.  -Veteran's Day Event will be scheduled for November 12th for 10 am start time.  -Ray's Septic is only allowed to dumpi into the Town's system when they pump out the Town's lift station, nothing else. This was to address concerns from the Board about when and why Ray's Septic is dumping in the Town's-system. -Go Fest willl be held in Gastonia on Thursday, September 26th. Staff member Ms. Faro will be representing Dallas and she encouraged" the Board Member to come out. Each Municipality will speak about another Municipality in an effort to show businesses what Gaston County has to offer throughout the county. Food vendors and more will be available.  Closed Session  derman' Withers made a motion to go into Closed Session to discuss instructing the public body's staff or negotiating agents concerning the position to bet taken by or on behalf oft the public body in negotiating the price and other material terms ofa contract or proposed contract for the acquisition or real property by purchase, option, exchange, or lease as provided fori in  G.S.5143.318.11, sèconded by Alderman Cearley, and carried unanimously. (7:27)  Alderman Cearley made a motion to exit the Closed Session, seconded by Alderwoman Morrow, and carried unanimously.  (7:39) No Action was taken.  Alderman Withers made a motion to adjourn, seconded by Alderman Cearley, and carried unanimously. (7:40)  Rick Coleman, Mayor  Da'Sha Leach, Town Clerk  8    TOWN OF DALLAS, NORTH CAROLINA  REQUEST: FOR BOARD ACTION  DESCRIPTION: Community Planning Month Proclamation  AGENDA ITEM NO.5A BACKGROUND INFORMATION:  MEETING DATE: 10/8/2019  The month of October is designated as Community Planning Month in order to recognize the importance of planning in the growth and management of communities. Planning plays a vital  role in directing and supporting the vision ofa a community and its leaders.  MANAGER RECOMMENDATION: Approve the proclamation designating October as  Community Planning Month, as presented. BOARD ACTION TAKEN:  9    Community Planning Month Proclamation 2019  WHEREAS, change is constant and affects all cities, towns, villages, suburbs, counties, boroughs, WHEREAS, community planning and plans can help manage this change in a way that provides better WHEREAS, community planning provides an opportunity for all residents to bei meaningftllyinvolved  townships, rural areas, and other places; and choices for how people work and live; and  in making choices that determine the future oft their community; and WHEREAS, the full benefits of planning requires public offiçials - and demand excellence inj planning and plan implementation; and the United States of America and its territories; and  and citizens who understand, support,  WHEREAS, the month of October is designated as National Community, Planning Month throughout WHEREAS, théAmerican Planning Association; and its professional institute, the. American Institute of Certified Planners, endorse National Community Planning Month as an opportunity to highlight the contributions sound planning and plan implementation make to the guality of our settlements and environment;  and  WHEREAS, the célebration of] National Community Planning Month gives us the opportunity to publicly recognize the participation and dedication oft thei members of planning commissions and other citizen planners who haye contributed theirtime and expertise to the improvément oft the Town ofDallas; and  WHEREAS, wei recognize the mâny valuable contributions made by professional community and regional planners ofthe Town ofDallas and extend our heartfeltthanks for the continued commitment to public  service by these professionals;  NOW,THEREFORE, BE IT PROCLAMED, that the month ofOctober 2019 is hereby designated as  Community Planning Month in the Town ofDallas in conjunction with the celebration ofNational  Community Planning Month.  Adopted this the gth day ofOctober, 2019.  Rick Coleman, Mayor  Attested by:  Da'Sha Leach, Town Clerk  10    TOWN OF DALLAS, NORTH CAROLINA  REQUEST: FOR BOARD ACTION  DESCRIPTION: Gaston County Schools-Town ofDallas Cooperation Agreement Renewal  AGENDA ITEM NO.5B BACKGROUND INFORMATION:  MEETING DATE: 10/8/2019  The Town has an agreement for mutual use of Gaston County Schools' property, Carr Elementary School fields. This agreement is renewed each three years. It is time to renew the agreement for the next three years. The agreement is consistent with the previous agreement  signed in 2016.  MANAGER RECOMMENDATION: Approve the agreement with Gaston County Schools for  mutual use of Carr Elementary School fields, as presented.  BOARD. ACTIONTAKEN:  11    STATE OF NORTH CAROLINA COUNTY OF GASTON  AGREEMENT FOR SCHOOL-COMMUNITI  COOPERATION  AGREEMENT made and entered into on the 1st day of October, 2019, by and between the TOWN OF DALLAS, a body politic and corporate having a charter granted by the General Assembly of North Carolina, ("Town"); and THE GASTON COUNTY BOARD OF EDUCATION, a corporate body created under the orovisions of Chapter 633 of the 1977 Session Laws of North Carolina,  ("Board");  WITNESSETH:  WHEREAS, Town and Board are mutually interested in the welfare of the inhabitants of the Town of Dallas; and WHEREAS; Town. and Board are authorized to enter into agreements with each other and to do any and all things necessary or convenient to aid in the cultivation of citizenship by providing for adequate school and community recreation  programs; and  WHEREAS, Town and. Board each possess facilities located within the confinés of Town that would be beneficial for the  other to use at certain times; and  WHEREAS, in the interest of offering the best service to the most people with the least possible expenditure of public funds, full cooperation between the Town and Board is necessary; NOW, THEREFORE, in consideration of the mutual promises made by Town and Board, these parties do hereby agree as  follows:  I. DEFINITIONS  A. The word "property" shall mean and include both real and B. The term "this agreement" shall include any future written amendments, modifications, or supplements made in  personal property.  accordance with Section XXI, infra.  1  12    C. Each party shall be deemed to be "using" the property of the other during the time requested and approved in accordance with Section IV, infra, or in accordance with any amendment, modification or supplement to this  agreement.  D. Throughout this agreement, wherever the context requires or permits, the neuter gender shall be deemed to include the masculine and feminine and the singular number the plural,  and vice versa.  II. TERM  The initial term of this agreement shall be for a period commencing on October 1, 2019, and ending on September 30, 2022, both dates inclusive, unless sooner terminated as herein  provided.  The term: of this agreement shall be automatically extended for a period of three years beginning on October 1, 2022, upon the same terms and conditions, herein provided, unless one party gives to the other four months before the end of the initial term of the agreement written notice that the agreement shall  not be sO extended.  III.  PROPERTY MADE AVAILABLE  A. BOARD'S PROPERTY. Upon Town's compliance with the  procedures set forth in Section IV.A., infra, Board will make available to Town for community recreation activities that property belonging to Board which is suitable for such  activities.  B. TOWN'S PROPERTY. Upon Board's compliance with the  procedures set forth in Section IV.B., infra, Town will make available to Board, for school events, activities, and/or programs, that property belonging to Town which is  suitable for such activities.  2  13    IV. PROCEDURE  A. TOWN'S USE OF BOARD PROPERTY.  1. Town submits a written proposal to the appropriate school principal requesting that Town be allowed to use certain of Board's property made available to Town under Section III.A., supra. This request will specify the desired property, date(s), time(s) and  intended use(s).  2. The principal then determines whether or not the requested property is available at the desired time and who determines what conditions should govern the use of the requested property. If he approves the request, the principal notifies the Director of Athletics of Board ("Director") to that effect. 3. If Director concurs with the recommendation of the principal, he executes the proposal, retaining two copies for Board's records and forwards two copies to  Town for Town's records.  B. SCHOOL'S USE OF TOWN PROPERTY.  1. Board submits a written proposal to the Recreation Director of Town requesting that Board be allowed to use certain of Town's property made available to Board under Section III.B., supra. This request will specify the desired property, date ( (s), time(s), and  intended use (s).  2. The Recreation Director then determines whether or not the requested property is available at the desired time and who determines what condition should govern the use of the requested property. If he approves the request, the Recreation Director notifies the Town  Manager to that eifect.  3. If Town Manager concurs with the recommendation of the Recreation Director, he executes the proposal, retaining two copies for Town's records, and forwards two copies to Director for Board's records.  3  14    V. PRIORITY  In determining the use of Board's property, school events, activities and/or programs shall have first priority; municipal recreation activities shall have second priority; and all events by any other groups or agencies shall have third priority. In determining the use of Town's property, municipal recreational activities shall have first priority; school events, activities and/or programs shall have second priority; and all events by any other groups or agencies shall have third priority.  VI. SUPERVISION  Board shall be entirely responsible for supervision of any use made of Town's property by Board pursuant to this agreement. Town shall be entirely responsible for supervision of any use made of Board's property by Town pursuant to this agreement.  VII.  EXPENDABLE MATERIAL  Each party hereto will furnish and supply all expendable materials necessary for its use of property belonging to the  other.  VIII. IMPROVEMENTS  Town may improve Board's property by installing sprinkler systems; turfing, lighting, fencing, play and recreation equipment thereon, subject to Board's prior written approval of the location, plans and specifications for the placement of all such improvements upon school premises and of the type, design and construction thereof. Board shall, however, share in such expense to the extent authorized in its annual budget. The cost of maintaining these improved areas and facilities shall be borne proportionally by Town and Board as determined by the relative use thereof, and each party agrees to maintain such areas and facilities in good condition during the periods of its  responsibility therefore.  Board shall have the same right to improve Town's property made available to Board for school events, activities and/or programs, and shall also have the same duties and  4  15    responsiDilities with respect to Town's property as are set forth in the preceding paragraph of this Section VIII.  IX. RIGHT OF REMOVAL  It is agreed that all personal property owned by Town and erected in or upon Board property, even though attached to the realty, as well as all other permanent improvements, may be removed by the Town at any time, provided that: (1) Town shall not then be in default in the performance of the covenants hereof, (2) the removal of any such property and/or improvements shall be effected before the expiration of the term of this agreement, and (3) all damage caused to said premises by such removal shall be repaired by Town on or before said expiration. It is further agreed that Board shall have the same right to remove all personal property belonging to Board which it has erected in or upon any premises belonging to Town even though the same may be attached to the reality under the same terms as are set forth in the preceding paragraph of this Section IX.  X.  RIGHT OF INSPECTION  Board: shall have the right to enter into and upon all its property made available to Town for community recreation activities under this agreement for the purpose of examining and inspecting the: same and determining whether Town shall have complied with its obligations hereunder with respect to the care and maintenance of the premises and repair or rebuilding of the improvements thereon when necessary. Town shall have the same right to enter into and upon its property made available to  Board under this agreement.  XI. MAINTENANCE  Each party, while using the property of the other pursuant to this agreement, shall (1) keep the property in neat order; (2) promptly remove all trash, refuse, garbage and debris of any kind from the said property which accumulates from such use; (3) Ascertain that a sufficient number of receptacles are available in the area for the disposal of such trash, refuse, garbage and debris of every kind; (4) prohibit littering; and (5) systematically and periodically clean the floors and  restroom facilities.  5  16    XII.  REPAIR, REPLACEMENT AND CONDITION AT TERMINATION Each party shall, at the end of its period of use of the property of the other party pursuant to this agreement, surrender such property to the other in as good condition as it was at the time of the commencement of such use, reasonable wear and tear and damage by fire or other casualty excepted. Each party shall, at its own expense, make all repairs and/or replacements necessary to surrender the property of the other in accordance with this Section. All such repairs and/or replacements shall be at least equal in quality and class to the  original work.  XIII. INDEMNIFIFICATION  It is expressly agreed and understood that Board will not be liable for any claims, damages, losses or expenses of any kind whatsoever, whether to persons or property (including, but not limited to, those claims, damages, losses or expenses resulting from or by reason of Board's negligent acts or omissions) arising out of, related to or connected with any accident, occurrence. or event on or about Board's property, when the accident, occurrence or event takes place while Town is using said property pursuant to this agreement. It is also agreed and understood that Town will not be liable for any claims, damages, losses or expenses of any kind whatsoever, whether to persons or property (including, but not limited to, those claims, damages, losses or expenses resulting from or by reason of Town's negligent acts or omissions) arising out of, related to, or connected with any accident, occurrence or event on or about Town's property, when the accident, occurrence or event takes place while the Board is using said property pursuant to this agreement. As a result of this express agreement and understanding, each party will at all times indemnify and hold the other party harmless, and will defend the other at its own expense, with respect to all aforementioned claims, damages, losses or expenses, whether such claims, damages, losses or expenses are covered by the other's  insurance.  XIV.  REMEDIES FOR BREACH  In the event either party shall breach or threaten to breach any provision(s) of this agreement, the other shall be  6  17    entitled to terminate this agreement in accordance with Section XXII.B., infra. Additionally, each party shall indemnify the other against all costs, expenses, liabilities, losses, damages, injunctions, suits, fines, penalties, claims, and demands, including reasonable attorneys' fees, arising out of its breach  of any provisions(s) of this agreement.  XV. ARBITRATION  Mayor of Town ("Mayor") and Chairman of Board ("Chairman") are hereby constituted a Panel of Arbitration. Either party from time to time hereafter, upon ten days written notice to the other party, may substitute any person in lieu of its representative. This panel shall have authority, upon the written concurrence of both of its members, to determine every question which may arise under this agreement. In the event of disagreement, they shall. name a disinterested third party; and the question in dispute shall be submitted to the three. A decision of a majority thereof shall be final and binding upon both parties. However, if they are unable to agree upon any such third party, then the Senior Resident Superior Court Judge of the Judicial District then embracing Gaston County shall name  him.  XVI. ASSIGNMENT  Neither party shall sell or assign its rights under this  agreement.  XVII.  OBLIGATION OF SUCCESSORS  The agreements herein contained shall be binding upon and shall inure to the benefit of the parties hereto and their  respective successors.  XVIII. WAIVER OF BREACH  The waiver by either party of a breach of any provision of this agreement by the other will not be construed as a waiver of  any simultaneous or subsequent breach by the other.  7  18    XIX.  COVENANT OF QUIET ENJOYMENT  Each party hereto agrees that the other's pertormance of the covenants to be performed by it hereunder shall entitle it to peaceably and quietly have, hold and enjoy the premises made  available to it pursuant to this agreement.  XX. ENTIRE AGREEMENT  This instrument contains the complete and exclusive statement of the agreement between Board and Town, which supersedes all proposals, oral or written, and all other communications between Board and Town relating to the subject of this agreement. All prior agreements, understanding, terms or conditions are deemed merged into this contract.  XXI. MODIFICATION  This agreement may not be amended, modified or supplemented orally but only. by written agreement, signed by the party (ies) against whom. enforcement of any amendment, modification or  supplement is sought.  Both parties recognize that conditions peculiar to the property made available to it hereunder, the intended use of the property, the limited availability of the property, and/or proposed improvement of the property may necessitate the execution of amendments, modifications or supplements hereto.  XXII.  TERMINATION FOR CAUSE  Either party may terminate this agreement at any time upon written notice in the event of breach of any provision(s) of this agreement. Termination for cause will be effective ten (10) days after the date notice is given in the event that  during such time the breach is not remedied.  XXIII. CONSTRUCTION  This agreement shall be governed by the laws of the State  8  19    of North Carolina.  XXIV. SEVERABILITY  The invalidity or unentorceabil1ty of any provision(s) of  this agreement shall in no way affect the validity or  enforceability of any other provision(s).  XXV. COUNTERPARIS  This agreement may be simultaneously executed in several counterparts, each of which sO executed shall be deemed to be an original; and such counterparts together shall constitute but  one and the same instrument.  XXVI. INSURANCE  Each party shall be résponsible for maintaining fire, extended coverage, and vandalism and malicious mischief insurance on the property owned by it and made available to the other during the term of this agreement. Board and Town hereby mutually release and discharge each other from all claims or liabilities arising from or caused by fire or other casualty covered by the above insurance on their respective properties. In addition, each party shall maintain a policy of comprehensive general liability insurance with a minimum limit of liability of one-million dollars $1,000,000.00) for bodily injury and for property damage and, an umbrella liability policy with a minimum limit of a liability of one-million dollars $1,000,000.00), to be effective while it is using the property of the other pursuant to this agreement. Within fifteen (15) days after the date hereof, each party shall deliver to the other certificates of insurance certifying that the insurance specified in this paragraph is in full force and effect. Such policies shall contain contractual coverage or name the parties to this agreement as the insured's. All insurance shall be effected by valid and enforceable policies issued by insurers of recognized responsibillty, and all such policies shall, to the extent obtainable, contain an agreement by the insurers that such policies shall not be cancelled without at least thirty  (30) days' prior written notice to the parties.  9  20    XXVII. NOTICES  Every notice, approval, consent or other communication authorized or required by this agreement shall not be effective unless the same shall be in writing and sent postage prepaid by United States registered or certified mail, return receipt requested. (a) If intended for Town, it shall be addressed to:  Ms. Maria Stroupe, Manager Town of Dallas 210 N. Holland Street Dallas, North Carolina 28034  and (b) if intended for Board shall be addressed to:  Chad Duncan Director of Athletics P.O. Box 1397 Gastonia, NC 28053  The Gaston County Board of Education  or to such other address or to such other person, firm or corporation as either party may designate by notice given from time to time in accordance with this Article XXVII. Any notice given in accordance with the provisions of this Article shall be deemed to have been given. as of the date such notice shall have  been placed in the United State Postal Service.  10  21    XXVIII.  LIST OF CURRENT OFFICIALS  Each party will keep posted with the other a current list of all officials of Town and Board who are in any way involved  in the implementation of this agreement.  IN WITNESS WHEREOF, Town and Board have executed this agreement  the day and year first above written.  TOWN OF DALLAS Mayor  By  ATTEST:  Town Clerk  THE GASTON COUNTY BOARD OF EDUCATION  By  Chairman  ATTEST:  Secretary  11  22    STATE OF NORTH CAROLINA COUNTY OF GASTON This  day of  20  personally appeared before me,  who  being duly sworn by me says that he/she knows the common seal of who is the Mayor and presiding member of municipal corporation; and that he/she saw the said Mayor sign the foregoing instrument and saw the said common seal of said municipal corporation affixed to said instrument by said Mayor, and that he/she, the same signed his/her name in attestation of said agreement in the presence of said Mayor of said municipal corporation.  the Town of Dallas and is acquainted with  Witness my hand and notarial seal, this the day and year  first above written  Notary Public  My Commission Expires:  STATE OF NORTH CAROLINA COUNTY OF GASTON I,  a Notary Public, do hereby  certify that W. Jeffrey Booker, personally appeared before me this day, who being by me duly sworn, says that he knows the common seal of The Gaston County Board of Education, a corporate body, and is acquainted: with Brent Moore, who is the Chairman and presiding member of said corporate body, and that he, the said W. Jeffrey Booker, is the Secretary of said corporate body and saw the Chairman sign the foregoing instrument in the name of said corporate body, and saw the said common seal of said corporate body affixed to said instrument by said Chairman of  said corporate body.  Witness my hand and notarial seal, the  day  of  20  Notary Public  My Commission Expires:  12  23    TOWN OF DALLAS, NORTH CAROLINA  REQUEST FOR BOARD ACTION  DESCRIPTION: Resolution Awarding Vehicle Financing tol BB&T  AGENDA ITEM NO.5C BACKGROUND INFORMATION:  MEETING DATE: 10/8/2019  As] provided fori ini the FY2019-20 budget, the Town is purchasing a small trash truck and a replacing #3361 bucket truck at a total cost of $278,862.00. Requests for financing quotes were distributed and BB&T Governmental Financing submitted the lowest interest rate quote (see Quotes were received for six year and eight year terms. Staffi is recommending awarding the financing to BB&T Governmental Financing for a loan with a six year term at an annual interest rate of2.39%. The interest rate for an eight year term would be 2.47%. Based on the cost ofthe vehicles, the debt payments would be split between General Fund (52.6%) and the Electric Fund (47.4%). This would result in annual payments $50,441.30, broken out as follows: $26,532.12 from the Solid Waste Department and $23,909.18 from the Electric Department. In order to proceed with the financing, ai resolution approving the terms must be executed. Attached is thei resolution approving the financing terms with BB&T Governmental Financing  attached).  for the purchase oft two utility vehicles.  MANAGER RECOMMENDATION: Adopt the resolution approving financing terms with  BB&T Governmental Financing, as presented.  BOARD ACTION TAKEN:  24    Resolution Approving Financing Terms  WHEREAS, The' Town ofDallas, NC ("Borrower")! has previously determined to undertake a project for the financing of vehicles and equipment (the "Project"), and thel Finance Officer has now presented aj proposal for the  financing ofs such project; and  BEITTHEREFORE RESOLVED, as follows:  1. Thel Borrower hereby determines to finance the Project through Branch Banking and' Trust Company ("BB&T") ina accordance with the proposal dated September 13, 2019. The amount financed shall not exceed $278,862.00, the annual interest rate (in the absence ofdefault or change in tax status) shall not exceed 2.39%, and the 2. All financing contracts and all relatéd documents for the closing ofthéfinancing (the "Financing Documents") shall be consistent with thei foregoing terms. All officers and employèes ofthe Borrower are. hereby authorized and directed to execute and delivera any Financing Documents, and to take all such further action ast they may consider necessary or desirable, to carry out the financing ofthe Project as contèmplated by thej proposal and this 3. The Finance Officer is hereby authorized and directed to hold executed copies oft the Financing Documents until the conditions fort the delivery ofthel Financing Documents have been completed to such officer's satisfaction. The Finance Officer is authorized to approve changes to any Financing Documents previously signed by Borrower officers or employees, provided that Such changes Shall notsubstantially alter the intent of such documents or certificates from theintent èxpressedi in thef forms exeçuted by such officers, The Financing Documents shall bein such final forms as the Finance Officer shallapprove; with the Finance Officer's release of any Financing Document for délivery constituting conclusive evidence of such officer's final approval oft the 4. Thel Borrower shall nof take of omit tot take any action the faking or omission ofwhich shall cayse its interest payments on this financing tol bei includable inthe gross income for_federal income tax purposes ofthe registered owners oftheinterest payment obligâtions. The Bomoweherby,eignuts: it obligations to make principal and interest payments underthe Financing Documents as "qualified tax-exempt obligations" for thej purpose of 5. Thel Borrower intends that the adoption ofthis resdlition will bea a declaration oft thel Borrower's official intent to reimburse expenditures for the Project that are to be financed from the proceeds oft the BB&T financing described above. The Borrower intends that funds that havè-beén advançed, Orthat may be advanced, from the Borrower's general fund or anyother Borrower fund-related" to the Project, for projèct costs may be reimbursed from the 6. All prior actions of Borrower officers in furtherance of thej purposes oft this resolution are hereby ratified, approved, and confirmed. All other resolutions (or parts thereof) in conflict with this resolution arel hereby  financing term shall not exceed 65 years from closing.  D  resolution.  Document's final form.  4713  Intérnal Revênue Code Section 265(b)(3).  financing proceeds,  repealed, to the extent of the conflict. This resolution shall takeeffect immediately.  Adopted this the gth day of October, 2019.  Rick Coleman, Mayor  Attested by:  Da'Sha Leach, Town Clerk  25    Town of] Dallas Estimated Payment Schedule  Nominal Annual Rate: Event Loan  2.390%  Date 9/13/2019 278,862.00  Amount Number Period End Date  1  2 Payment 9/13/2020 50,441.30  6 Annual 9/13/2025  AMORTIZATION SCHEDULE Normal Amortization, 3601 Day Year  Date Loan 9/13/2019 2020' Totals 2021 Totals 2022 Totals 2023 Totals 2024 Totals 2025 Totals 2026Totals Grand Totals  Payment 0.00  Interest Principal Balance  278,862.00 0.00  0.00  1.9/13/2020 50,441.30 6,664.80 43,776.50 235,085.50 2 9/13/2021 50,441.30 5,618.54 44,822.76 190,262.74 3 9/13/2022 50,441.30 4,547.28 45,894.02 144,368.72 4 9/13/2023 50,441.30 3,450.41 46,990.89 97,377.83 5 9/13/2024 50,441.30 2,327.33 48,113.97 49,263.86 5$ 9/13/2025 50,441.30 1,177.44 49,263.86  50,441.30 6,664.80 43,776.50 50,441.30 5,618.54 44,822.76 50,441.30 4,547.28 45,894.02 50,441.30 3,450.41 46,990.89 50,441.30 2,327.33 48,113.97 50,441.30 1,177.44 49,263.86 302,647.80 23,785.80 278,862.00  0.00  26    TOWN OF DALLAS, NORTH CAROLINA  REQUEST FOR BOARD. ACTION  DESCRIPTION: Town Events - Trick or Treat on the Square and Veteran's Day Event  AGENDA ITEMI NO.5D BACKGROUND INFORMATION:  MEETING DATE: 10/8/2019  Attached is the event application sheet for the next two lown-Sponsored events.  Trick or Treat on the Square will be held on' Thursday, October 31st from 5:00- - 7:00 pm, asi in The Veteran's Day Event will be held on' Tuesday, November 12th at 10:00 am in the monument area oft the Court Square. Light refreshments will be served as wel honor the service ofc our  thej past. This will be the 13th year for the event.  veterans.  MANAGER RECOMMENDATION: Approve the two Town-sponsored events as presented.  BOARD ACTIONTAKEN:  27    Towni of Dallas 210 North Holland Street Dallas, NC 28034-1625 (704)9 922-3176 Fax: (704),922-4701  DALLAS The Crossroads ofGasion County  Special Eventsl Activities Appliçation  The purpose oft this application is top provide information about your event or activity. in order for. the Town of Dallas to best assist you, Dépending on the specific event; a permit application and/or fee(s) from other departments may be required. The applicanti is responsible forp providing complete anda accurate information oni the application, The applicant is responsible for notifying the Town of Dallas ofa any changes. A complete application must be submitted byr no later than 5:00 p.m. on the Tuesdaypreceedingl the date of the Board meeting at which the event is to be approved, for an. event which is to occur  no sooner than 14 days following its date of approval..  APPLICATIONINFORMATION  Name of Event: Appliçant Name: Organization: Mailing Address: City/State! IZip: Daytime Phone: Description of the Event:  Trick or Treat on the Square Sarah Turner Dallas Police Department 207 W Ghurch St Dallas NC 28034 704-922-3116  Facility Requested: 100-300 Block of W Main St 100 Block of S Holland/ Court Square  Cell:  Marfumerasalisnens  Town and local business sponsored Trick or Treat event  Does the event have al Facebook, Twitter, or other social networking page:  no  Ify yes, please list URL(s): Date (s)! Requested for Event: 10/31/20019 Event Start Time: 5pm Road Closure Time Begins (if applicable): 3:30pm Set Up Begins: Preferred Date & Time of Inspéction (if required): NA Estimated Attendance: The Event is:  NA  Event End" Time:7pm Road Closure Time Ends:7:15pm Set Up Ends: 7:15pm  3:30pm -  2500+  Private (byi invitation only)  or X:  Open to General Public  Describe the procedures to be used for selecting vendors and exhibitors for this event: Ihave spoken to all partiçipants and Verballydiscussed general rules and practices ift this èvent.  Applicant's Signature: attend the meeting.  YMNN  Date: 045417  Apre-event meetingmay be required and willl be scheduled to include appropriate staff. The event applicant must  1  28    Town of Dallas 210 North Holland Street Dallas, NC 28034-1625 (704)922-3176 Fax: (704)922-4701  DALLAS The Crosroads ofGaston County  Special Eventsl Activities Application  The purpose oft this application is to provide information about your event or activity in order fort the Town of Dallas to best assist you. Depending on the specific event, ap permit application and/or fee(s) from other departments may be required. The applicant is responsible for providing complete and accurate information ont the application, The applicant is responsible for notifying the Town of Dallas of any changes.. A complete application must be submitted by no later than 5:00 p.m. on the Tuesday preceeding the date of the Board meeting at which the event is to be approved, for an event which is to occur  no sooner than 14 days following its date of approval.  APPLICATION INFORMATION  Name of Event: Applicant Name: Organization: Mailing Address: City/State/Zip: Daytime Phone: Description oft the Event:  Veteran's Day Event Garrett Lowery Town of Dallas 210 N. Holland St. Dallas, NC 28034 704-922-3176  Facility Requested: Court Square  Cell:  E-Mail:  Event tol honor veterans on the Court Square  Does the event have al Facebook, Twitter, or other social networking page: Date (s) Requested for Event: Tuesday, November 12, 2019  No  Ifyes, pleasé list URL(s): Event Start Time: 10:00 AM Road Closure Time Begins (if applicable):  Event End Time:11:00 AM Road Closure Time Ends: Set Up Ends: 10:00A AM  Set Up Begins: Estimated Attendance: The Event is:  8:30AM  Preferred Date & Time of Inspection (if required):  100  Private (by invitation only)  or  X Open to General Public  Describe the procedures to be used for selecting vendors and exhibitors for this event:  No outside vendors or exhibitors Applicant's Signature: Ap pre-event meeting may be attend the meeting.  Date: 10/2/19  be scheduled to include appropriate staff. The event applicant must  BI  1  29    TOWN OF DALLAS, NORTH CAROLINA  REQUEST FOR BOARD ACTION  DESCRIPTION: Uncollectable Accounts in the Amount of$11,215.45 to be Submitted tol NC  Debt Setoff  AGENDA ITEMI NO.5E BACKGROUND INFORMATION:  MEETING DATE: 10/8/2019  For authorization are uncollectable accounts from the months of] June 2019 -. July 2019. These accounts have been notified oftheir outstanding status in writing that ifnot paid within the notified timeframe that they would be forwarded to thel NC Debt Setoff] Program and that this debt would be taken from any State Income Tax Refund they are due, until the debt is satisfied. (Thei individual account listing that generates the total uncollectable amount due are considered  by State statute to be confidential information.)  MANAGER RECOMMENDATION: To authorize uncollectable accounts totaling $11,215.45  bes submitted to thel NC Debt Setoff Program. BOARD ACTIONTAKEN:  30    TOWN OF DALLAS, NORTH CAROLINA  REQUESTI FOR BOARD ACTION  DESCRIPTION: Non-Contorming Uses Text Amendment (Continued)  AGENDA ITEM NO.6A BACKGROUND INFORMATION:  MEETINGDATE: 10/8/2019  This item is continued from the September 10th meeting.  Thel Planning Board has requested and recommended at text amendment to our Non-Conforming Uses text to expand the allowances for non-conforming uses within our B-3 Central Business Our current text states that a non-conforming use ofany building or structure which is damaged to an extent exceeding 50% ofi its then reproduction value, exclusive of foundations, by fire, flood, explosion, earthquake, war, riots or Act of God, shall be discontinued, and such building or structure shall thereafter be used only in conformance with thej provisions ofthe zone in which Thej proposed amendment would allow current non-conforming uses that located within B-3 that have been in operation for 5+ years to resume activities at their current location in the event of damages to thel building or structure- regardless of the extent, as long as the use was resumed  District.  located.  within 9 months.  MANAGER RECOMMENDATION: Approve the Text Amendment as presented.  BOARD ACTIONTAKEN:  32    Consistency Statement: Non-Conforming Uses  The proposed text amendment to 153.045 is consistent with the 2014 Town Center Plan as it protects long-standing small independent businesses that help to provide a' "sense ofp place" to Dallas' historic Town Square, and ist therefore deemed reasonable and in the public's best interest. The proposed text amendment to 153.045 is also consistent with the 2003 Land Use Plan as the continued use of structures on Town Square adds to the economicy vitality oft the area while honoring the historic character of these businesses and thes structures they are contained within, and is therefore  deemed reasonable and in the public's best interest.  Curawrho Curtis Wilson, Chairman  8//19  Date  33    $153.045 NON-CONFORMING USES, BUILDINGS AND STRUCTURES.  (A) Non-conforming uses.  (1) Anon-conforming use shall not be extended; except, however, a non-conforming use of any building may be extended to any portion or portions of said building which were at the time such use (2) No structural alterations shall be made in a building housing a non-conforming use, except those required by law or ordinance or ordered by an authorized officer to secure the safety of the building. (3) The non-conforming use of any building or structure which is damaged to an extent exceeding 50% of its then reproduction value, exclusive of foundations, by fire, flood, explosion, earthquake, war, riots or Act of God, shall be discontinued, and such building or structure shall thereafter be used only in  became non-conforming manifestly arranged or designed for such use.  conformance with the provisions of the zone in which located.  a) Any non-conforming use in existence 5 years prior to October 8, 2019 that is located within the B-3 Central Business District may continue to operate as its current non-conforming use in the event that the building or structure housing the non-conforming use is damaged, regardless of the extent, as long as a zoning and building permit as required for rehabilitation to resume operations is obtained within 9 months of the damage occurrence. (4) Ar non-conforming use shall not be changed to any but a conforming use. When a non-conforming use has been changed to a conforming use it shall not be changed again to any non-conforming use. (5) No changes shall be made in the landscaping, grading of the lot, or external appearances of a non-conforming use without the grant by the Board of Adjustment of a special exception authorizing such change. The Board. shall grant such an exception only upon an affirmative finding that the proposed change willl have no adverse effect upon neighboring properties or upon the public and safeguards upon any such special exception which it grants for the further protection of neighboring properties in the public (B) Non-conforming buildings or structures. Non-conforming: buildings or structures shall be allowed to (1) An non-conforming building or structure shall not be extended unless such extension shall comply (2) An non-conforming building or structure which is damaged to an extent exceeding 75% of its then reproduction value, exclusive of foundation by fire, flood, explosion, earthquake, war, riot or Act of God, shall not be reconstructed except in conformance with the provisions of this chapter. (3) Non-conforming signs or billboards shall be eliminated or changed to conform with the provisions of this chapter within 18 months of the date such signs or billboards become non-conforming.  welfare.  remain subject to the following provisions:  with all the requirements of this chapter for the zone in which it is located.  34    TOWN OF DALLAS, NORTH CAROLINA  REQUEST FOR BOARD ACTION  DESCRIPTION: Decriminalization ofZoning Ordinances  AGENDA ITEM 1NO.6B BACKGROUND INFORMATION:  MEETING DATE: 10/8/2019  Note: In September, The Board of Alderman approved a transition to civil penalties for nuisance violations. This proposed amendment ensures consistent enforcement practices across our The Development Services Director: is requesting a transition from criminal enforcement ofthe Town's zoning ordinances to civil enforcement, which requires the approval of several text Currently, most ofour ordinances read that violators shall, upon conviction, be guilty ofa misdemeanor and subject to a fine not to exceed $50 or imprisonment not to exceed 30 days, and each day that any oft the provisions violated shall constitute a separate offense. A transition to civil penalties would allow Development Services tol handle both the notice and penalty oft these violations. Since civil penalties can accrue daily until cleanup occurs, and are collectable in a variety ofn methods including court action, NCI Debt Setoff, and/or property liens, staff anticipates increased compliance with the necessary abatement of violations. The Plânning Boàrd is recommending approval with the following consistency statement: The proposed update ofthe Town' 's enforcement ordinances guiding land use-minimum housing, floodplain administration, subdivision, and zoning- is consistent with the adopted. 2003. Land Use. Plan in order to maintain and enhance the Town' ' aesthetic qualities and physical character. These text amendments are therefore deemed reasonable and in the public's best interest inc order to ensure compliance with the Town ofDallas' Code of Ordinances guiding land use and development regulations.  ordinances as much as is feasible.  amendments.  MANAGER RECOMMENDATION: Approve the text amendments as presented.  BOARD ACTION TAKEN:  35    S 150.22 ENFORCEMENT OF ZONING REGULATIONS.  (A) Zoning permit required. No use, alteration, remodeling, repair, enclosure, or construction of any building or structure (including fences) shall take place until an application and plans are submitted for review and approval in the form of a (1) Any and all persons sO designated to enforce this Ordinance shall be referred  zoning permit by the town's Administrator to as the Administrator."  (B) If the work does not fall under the requirements of a zoning permit, the town's Development Services Director shall issue a letter exempting the applicant from a zoning permit, although the applicant may still be subject to obtaining a building permit from Gaston County,  according to SS 150.08 and 150.21.  (C) Failure to comply with any provision of this Ordinance is hereby declared unlawful. The following remedies and enforcement powers may be used to administer and enforce this  Ordinance:  1.1 The Administrator may withhold all permits or approvals if there is:  a. A repeat violation of this Ordinance; or issuing body that has not been met.  b. There is a condition or qualification of approval granted by a permit  2. The Administrator may deny or withhold all permits, certificates, or other forms of authorization on any land or structure or improvements owned or being developed by a person who owns, developed or otherwise caused an uncorrected repeat violation of this Ordinance. This provision shall apply whether or not the property for which the permit or other approval is sought is the property in  violation.  3. Any zoning permit or other form of authorization stipulated under this Ordinance 4. With or without revoking permits, the Administrator may order that work be stopped on any land or structure on any land on which there is an uncorrected violation of a provision of this Ordinance or of a permit or other form of authorization issued hereunder, in accordance with the power to stop work pursuant to G.S. 160A-421. The stop work order shall be in writing, directed to the person doing the work, and shall state the specific work to be stopped, the specific reasons thereof, and the conditions under which the work may be resumed. 5. Where a violation of this Ordinance involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the Administrator may, upon notice to the applicant and other known parties in interest (including any holders of building permits affected), revoke the plan approval pursuant to G.S. 160A-422. Any permit mistakenly issued in violation of an  may be revoked for any reason set forth in G.S. 160A-422.  applicable State or local law may also be revoked.  6.All violations of this section shall subject the offender to a civil penalty to be recovered by the city in a civil action in the nature of debt if the offender does not pay  36    the penalty within 30 days after he has been cited for violation of the ordinance, and may be enforced by an appropriate equitable remedy including but not limited to injunctions issued from a court of competent jurisdiction as outlined in 153.999. 6. The Administrator may impose penalties as called for in Section 153.999, and each day's continuing violation shall be a separate and distinct offense.  37    $150.36 EXERCISE OF POLICE POWER; FINDING; PURPOSE.  (A) Pursuant to G.S. S 160A-441, it is hereby found and declared by the Board of Aldermen of the town that there exist in the town dwellings which are unfit for human habitation due to dilapidation, defects increasing the hazards of fire, accidents and other calamities, lack of ventilation, light and sanitary facilities, and due to other conditions rendering the dwellings unsafe or unsanitary, and dangerous and detrimental to the health, safety and morals, and otherwise inimical to the welfare of the residents of the (B) In order to protect the health, safety and welfare of the residents of the town as authorized by G.S. S 160A-19-6, it is the purpose of this subchapter to establish minimum standards of occupancy of all buildings used for human habitation as expressly authorized by G.S. S 160A-444, and to provide procedures for the repair, closing and demolition of buildings not conforming to the minimum standards of fitness, (C) All violations of this section that are not remedied by the deadline given through an order of repair, alteration and improvement, or vacancy, closing and removal or demolition shall subjectt the offender to a civil penalty to be recovered by the Town in a civil action in the nature of debt if the offender does not pay the penalty (D)Each day that the occupancy of the same after the time prescribed in the order of its repair, alteration and improvement, or its vacancy, closing and removal or demolition continues after the prescribed time shall constitute a  town.  as expressly authorized by G.S. S 160A 441.  within 30 days following the given deadline.  separate and distinct offense as outlined in 150.99.  (E)) Violations of this chapter may also be enforced by an appropriate equitable remedy including but not limited to injunctions and orders of abatement issued from a court of competent, jurisdiction issued from a court of competent, jurisdiction as outlined (F) Each day's continuing violation shall be a separate and distinct offense, and  in 150.99.  subject to penalties as outlined in 150.99.  38    $150.99 PENALTY. be-swbjecHo19.9.  A-Anyperonwolelingonrprowaiematsomdsdeperer-taemahyl B-"shal-be-unieumlewiu-forlhne-ownerohomyumsafefe-bwlding-tofelyneglechorrehue-ttorepeityelter and-improve-the-seme-sameperipfloveclepdoxe-oma-removeordemolshtne-somepepon-orderoHtne Housing-nspecterduy-mode-emdsendservedesherehmprovidedwAhirnetime-spedlied-inthe-ordet,end echdeythetne-fetrepmeglechorrelpeHocomplywir-meorder-connverhal-comhtvie-e-separote nd-distincoffense-halbeunkeiu-forthe-owmeroanyumsefebbvlding-wi-rempecHo-which-on orderhas-ben-ssuedpurvomtos394oocwpyorpemmtneoceuoneyoHneseme-aiterthe-time preseribed-in-the-orderohisrepalf,eleration-end-improyementporibveceneyrelesing-and-removel-or cemoliomyendeechdeythcHne-ce-ocupaneyoHese-seme-dfertne-timeprexetbed'inthe-orderotis repaityalteration-amomdmprovememhemtzorilbyocemprdosingenéremovekordemoltiomcontinves-effer-the (G-The-violationeliomofomyprowbionoHHr-Code-halrcomtive-cmidemeenet,orprowidedbyG.S-  prevetbed-mehalkcokemiveeneperseenmédainetoffeme.  1-4-4.  150.99 PENALTY. NEW  (A) It shall be unlawful for the owner of any unsafe building to fail, neglect or refuse to repair, alter and improve the same; or to fail to vacate, close and remove or demolish the same, upon order of the Housing Inspector duly made and served as herein provided, within the time specified in the order, and each day that the failure, neglect or refusal to comply with the order continues shall constitute a separate and distinct offense. (B) It shall be unlawful for the owner of any unsafe building with respect to which an order has been issued pursuant to $ 150.46 to occupy or permit the occupancy of the same after the time prescribed in the order of its repair, alteration and improvement, or its vacancy, closing and removal or demolition, and each day that the occupancy of the same after the time prescribed in the order. of its repair, alteration and improvement, or its vacancy, closing and removal or demolition continues after the prescribed time shall constitute a (C) Any person, firm, or corporation. violating any of the provisions of this chapter for which no other penalty is provided, or failing or neglecting or refusing to comply with same, shall be subject to a civil penalty in the amount of $100 after the given time to correct expires. (D) Each day that a violation continues after a person has been notified that such a violation exists, and that he or she is subject to the penalty specified in subsection (C), shall constitute a (E) The violator shall contact Town Hall for a re-inspection once the violation is remedied in order to stop the accrual of civil penalties. This penalty may be recovered by the Town in a civil action in the nature of debt if the violation persists 30 days after the violator(s) have been cited for violation of the ordinance, or if a balance remains unpaid after a final invoice is mailed. (F) This chapter may also be enforced by any appropriate equitable action, including but not (G) The Town may enforce this chapter by any one or any combination of the foregoing remedies. (H) Violations of the provisions of this chapter shall not be considered a misdemeanor pursuant to  separate and distinct offense.  separate offense once the time to correct has expired.  limited to injunctions or orders of abatement.  G.S.$14-4.  39    S 151.23 CORRECTIVE PROCEDURES.  (A) Violations to be corrected. When the Floodplain Administrator finds violations of applicable state and local laws, it shall be his or her duty to notify the owner or occupant of the building of the violation. The owner or occupant shall immediately remedy each of the violations of law cited (B) Actions in event of failure to take corrective action. If the owner of a building or property shall fail to take prompt corrective action, the Floodplain Administrator shall give the owner written notice, by certified or registered mail to the owner's last known address or by personal (1) The building or property is in violation of the floodplain management regulations; (2) Al hearing will be held before the Floodplain Administrator at a designated place and time, not later than ten days after the date of the notice, at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the (3) Following the hearing, the Floodplain Administrator may issue an order to alter, vacate (C) Order to take corrective action. If, upon a hearing held pursuant to the notice prescribed above, the Floodplain Administrator shall find that the building or development is in violation of this chapter, they shall issue an order in writing to the owner, requiring the owner to remedy the violation within a specified time period, not less than 60 calendar days, nor more than 180 calendar days. Where the Floodplain Administrator finds that there is imminent danger to life or other property, they may order that corrective action be taken in a lesser period as may be  int the notification.  service, stating:  matter; and  or demolish the building; or to remove fill as applicable.  feasible. (D) Appeal.  (1) Any owner who has received an order to take corrective action may appeal the order to the local elected governing body by giving notice of appeal in writing to the Floodplain Administrator and the Clerk within ten days following issuance of the final order. (2) Ini the absence of an appeal, the order of the Floodplain Administrator shall be final. (3) The local governing body shall hear an appeal within a reasonable time and may (E) Failure to comply with order. If the owner of a building or property fails to comply with an order to take corrective action for which no appeal has been made or fails to comply with an order of the governing body following an appeal, the owner shall be wltyokomineemenor mahabepamthadethe-dhretmathecan subject to a civil penalty. This civil penalty may be recovered by the city in a civil action in the nature of debt if the offender does not pay the penalty: within 30 days after he has been cited for violation of the ordinance, and may be enforced by an appropriate equitable remedy including but not limited to injunctions and orders of abatement issued from a court of competent jurisdiction as (E) Each day's continuing violation shall be a separate and distinct offense, and is  affirm, modify and affirm, or revoke the order.  outlined in 151.99.  subject to penalties as outlined in 151.99.  40    S 151.99 PENALTY.  (A) Violation of the provisions of this chapter or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance (B) Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $50 or imprisoned for not more than 30 days, or  or special exceptions, shall constitute a misdemeanor.  both.  (C) Each day the violation continues shall be considered a separate offense. (D) Nothing herein contained shall prevent the town from taking other lawful action as is  necessary to prevent or remedy any violation.  $151.99 PENALTY (NEW)  (A) Any failure to comply with an applicable requirement, prohibition, standard, or limitation imposed by this chapter, including violation of conditions and safeguards established in connection with grants of variance. or special exceptions, is unlawful and shall constitute a  violation of this chapter.  (1) Any person, firm or corporation violating any of the provisions of this chapter, for which no other penalty is provided, or failing or neglecting or refusing to comply with same, shall be subject to a civil penalty as follows after the given time to correct expires, or after the first 10 calendar days following the Notice of Violation where not a. Any violation occurring once within a 12-month period shall be considered a first offense, and the violator shall be subject to a civil penalty of one hundred dollars ($100.00) for each day that the violation remains on the property. b. Any violation reoccurring on the same property by the same violator more than once within a 24-month period shall be considered a repeat offense provided the reoccurrence is a violation of the same Section of this Ordinance. A notice of violation shall be issued by the Administrator and shall have an immediate (2) Each day that a violation continues after a person has been notified that such a violation exists, and that he or she is subject to the penalty specified in subsection (a), shall constitute a separate offense once the time to correct has expired. (3) The violator shall contact Town Hall for a re-inspection once the violation is remedied in order to stop the accrual of civil penalties. This penalty may be recovered by the Town in ao civil action in the nature of debt if the violation persists 30 days after the violator(s) have been cited for violation of the ordinance, or if a balance remains unpaid after a (B) This chapter may also be enforced by any appropriate equitable action, including but not (C) The Town may enforce this chapter by any one or any combination of the foregoing remedies. (D) Violations of the provisions of this chapter shall not be considered a misdemeanor pursuant to  otherwise specified.  civil penalty of three hundred dollars ($300.00).  final invoice is mailed.  limited to injunctions or orders of abatement.  G.S.S 14-4.  41    S 152.005 COMPLIANCE WITH CHAPTER REQUIRED.  (A) All plats fort thes subdivision ofl land shall conform to the requirements of this chapter, and shall be submitted in accordance with the procedures and specifications established herein. (B) All violations of this section shall subject the offender to a civil penalty to be recovered by the city in a civil action in the nature of debt if the offender does not pay the penalty within 72 hours after he has been cited for violation of the ordinance, and may be enforced by an appropriate equitable remedy including but not limited to injunctions issued from a court of competent jurisdiction as outlined in 152.999. (C) Each day's continuing violation shall be a separate and distinct offense, and is  subject to penalties as outlined in 152.999.  42    $152.999 PENALTY.  AF--Affer-terlme-e#ethe-dele-cHis-cheplerrenypersomwhepbelng-he-owmewner-or-agentet he-ownerofamy-lemylomc-oceledwihnn-neterioro-vrahepler,theredfer ubdivides-hisorherkemdin-violaiomolomoHHircheplerorhemsferorsela-emd-by-reference-te, Xbitionetor-emohneruse-ohepletahowing-eswbesionolemd-beforethe-plet-hes-been properly-epprovedunderfne-emmsoFHmi-chepieromcrecordec-intne-Cowty-Deeds-ofice,she" 12-The-dexetplionbymeleroméboundrinhe-minmenkolremierorolherolher-documentused -he-proeessel-selingorfrensterting-ene-ahel-netewempHne-remsecthon-rom-this-penely. 3helownythreughi-alomeyoroheroficedekdesigneledbyte-Town-Seerd-of Aldermen,mey-enjpilwao,remierorsoleoHomebyocionfor-impnetion: 4-Furhet,violeleloro-Hir-chepleshal-besbiedhupor-conviction,te-fine-end/er (8-fn-ecdiion-tthe-alherremediescied-n-hsepler-fertheenforsementofthe-previsions oHhis-cheptet,"he-reguielons-one-standords-conteinee--hi-cheplermeybe-enfeenforeed-hreugh  esultyoromacemecmen  mpriommentorprovdedbyG-14-  the-issuenee-of-edtionsby-the-subdiwision-Administreter, #herecelomsselnneemmohe-ehipendlly  -ThecountymeyrereyreoerspemalyiedMedeminienewredke-debHke fenderdoes-nepenaly-wihin72-hourseferbeing-ched-fore-violation-n-erddlition, albre-opey-the-cwrpemalywihnz2hovr-meyasbecthe-ioleriocnckchorges: 3-ThelolowinghpemaheroreeablaseforodiomtHasetiem:  Waring-cietion First-citation  Gerreet-vioietion-vihinten-deys  $10 $25 $50  Secend-ielion-forseme-offense hire-dind-subseqyent-cicetion-or-seme-offense  14-These-cMi-pndles-are-n-elr-ecelion-o-emyenyelherpenelesywlehmey-be-impesed-bye SMioldtions-oH-theprowBiemsoHnischoplerahdl-o-be-comidered-emisdemecnerpursuentte  court-orviolaton-ono-heprovisionsaofhis-chepter:  G.S.$14-4 (Ord. passed 1-16-2001)  43    3 152.999 PENALTY.(NEW)  (A) (1) After the effective date of this chapter, any person who, being the owner or agent of the owner of any land located within the territorial jurisdiction of this chapter, thereafter subdivides his or her land in violation of this chapter or transfers or sells land by reference to, exhibition of or any other use of a plat showing a subdivision of land before the plat has been properly approved under the terms of this chapter and recorded in the County Deeds office,  shall be found in violation of this chapter.  (2) The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from violation of this Chapter. The Town, through its attorney or other official designated by the Board of Alderman, may enjoin an illegal subdivision, or transfer or sale of land by action for injunction. Building permits required by G.S. 160A-417 may be denied for any lot that has been illegally  subdivided.  (B) (1) In addition to. the other remedies cited in this Ordinance, for the enforcement of the provisions of the Ordinance, the regulations and standards contained in this Ordinance may be enforced through the issuance of citations by the Town. These citations shall be in the form of a civil penalty. The Town may recover this penalty in a civil action in the nature of a debt if the offender does not pay the penalty within seventy-two (72) hours after being cited for a violation. The following civil penalties are established for violations under this section:  Warning Citation 0 dgs. First Citation Second Citation Third and Subsequent Citations Each continuing day in violation after 3rd citation  Correct violation within ten (10) days $50.00 fine plus correct violation within ten (10) days $100.00 fine plus correct violation within ten (10) days $250.00 fine plus correct violation within ten (10) days  $50 per day  (2) These civil penalties are in addition to any other penalties, which may be imposed by a (C) Violations of the provisions of this chapter shall not subject the violator to a criminal penalty or  court for violation of the provisions of this chapter. be considered a misdemeanor pursuant to G.S. $ 14-4.  44    $153.003 ZONING AFFECTS EVERY BUILDING AND USE.  Exeepteshereinefterprevided:  fAF-No-bulclngorlane-ahel-e-umed-orocwppee-ent-me-buNdlingorpert-nereotsheH-be erected,meved-ordleredexeepHtinconfommiy-wi#-he-regeldtioms-hereifertne-zone-in-which- (B-No-buldlingshal-be-ereetectedordieredso-eso-eo-exeeed-ne-height-misyloe-eecommedete orheuse-e-gredteredfermumberolfemiesylo-ercpy-e-greaterpereentegecHme-let-dred,erte heve-nerrowerorsmelerreeryerds-fremtyerdayesyorsieeyeresthom-cre-required-olspeeied-m  is-leceted.  he-regviaioms-hereinferhe-zomeinwhichitislocafed: (Ord. passed 11-3-1970; Am. Ord. passed 7-3- 1972)  153.003 ZONING AFFECTS EVERY BUILDING AND USE. (NEW)  Except as hereinafter provided:  (A) It shall be deemed unlawful to erect, construct, reconstruct, alter, maintain, expand, move or use any building, structure or sign or engage in development or subdivision of land contrary to the provisions of this Ordinance and in conformity with the regulations herein for the zone in which it is located. Any of the following shall be a violation of this Ordinance and shall be  subject to the remedies and penalties provided for in this Ordinance: without all of the approvals required by this Ordinance.  (1) (2) (3) (4) (5) (6) (7) (8) (9)  To place any use, structure, or sign upon land that is subject to this Ordinance To erect, construct, reconstruct, remodel, alter, maintain, move, or use any building, structure or sign, or to engage in development or subdivision of any land contrary to any Zoning, subdivision, sign or other regulation contained in this Ordinance. To engage in any subdividing, development, construction, remodeling or other activity of any nature upon land that is subject to this Ordinance without all of the approvals To engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, certificate or other form of authorization required in order to engage in such activity. To violate, by act or omission or otherwise, any term, condition, or qualification placed by a decision-making body upon any permit or other form of authorization. To reduce or diminish any lot area so that the setbacks or open spaces shall be To increase the intensity of use of any land or structure, except in accordance with To accommodate or house a greater number of families than is allowable in the To fail to perform any act as required, or the performance of any act is prohibited, or a failure to comply whenever any regulation or limitation is imposed on the (10) To remove, deface, obscure or otherwise interfere with any notice required by this  required by this Ordinance.  smaller than prescribed by this Ordinance.  the procedural requirements and substantive standards of this Ordinance.  prescribed zoning district.  use of land and water, or on the erection of a structure  Ordinance.  45    (11) To otherwise undertake any development or to establish any use in a manner which  does not comply with this Ordinance.  (B) Enforcement of this section shall be in compliance with 150.22 "Enforcement of Zoning  Regulations".  (1) All violations of this section shall subject the offender to a civil penalty to be recovered by the city in a civil action in the nature of debt if the offender does not pay the penalty within 30 days after he has been cited for violation of the ordinance, and may be enforced by an appropriate equitable remedy including but not limited to injunctions and orders of abatement issued from a court of competent jurisdiction as (2) Each day's continuing violation shall be a separate and distinct offense, and is subject  outlined in 153.999.  to penalties as outlined in 153.999.  46    153.999 PENALTY.  Anyperson,fimrorcoperetomwowosterheprovhiomsoHHirchoplerahallupor-convieliem: begiiyskomhdemeomoreiatbetadatewsdhpssoerihpisemadnohewceeding 30-deys-Eechdey-theh-iolatiomcominwertoewiatahalbe-comideredeseparete-offense:  (Ord. passed 11-3-1970; Am. Ord. passed7-3-1972)  153.999 PENALTY. (NEW)  (A) This Ordinance may be enforced by any means or any remedy provided for in G.S. 160A- 175 and 160A-389 unless otherwise expressly prohibited in this section. In addition, the Town may seek a mandatory or prohibitory injunction and an order of abatement commanding the responsible person(s) to correct the unlawful condition or cease the unlawful use of the subject premises. Penalties are cumulative, and the Town may pursue any or all of the same either individually or simultaneously at its discretion. (B) For the purposes of this chapter, responsible person(s) shall include but not be limited to: (1) An architect,. engineer, builder, contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes, or maintains a condition that constitutes a violation of this chapter, or fails to take appropriate action, so that a (2) The owner of the land on which the violation occurs, any tenant or occupant of the property, any person, entity, agency, or association who is responsible for stormwater controls or practices pursugnt to a private agreement or public document, or any person, who. has control, over, or responsibility for, the use, development of the property. (C).A Any failure to comply with an applicable requirement, prohibition, standard, or limitation imposed by this chapter, or the terms or conditions of any permit or other development approval or authorization granted pursuant to this chapter, is unlawful and shall constitute a  violation of this chapter results or persists.  violation of this division.  (a) Any person, firm or corporation violating any of the provisions of this section, including both property owner and/or tenant, for which no other penalty is provided, or failing or neglecting or refusing to comply with same, shall be subject to a civil penalty as follows after the given time to correct expires, or after the first 10 calendar days  following the Notice of Violation where not otherwise specified.  (B) Any violation occurring once within a 12-month period shall be considered a first offense, and the violator shall be subject to a civil penalty of one hundred dollars ($100.00) for each day that the violation remains on the Any violation reoccurring on the same property by the same violator more than once within a 24-month period shall be considered a repeat offense provided the reoccurrence is a violation of the same Section of this Ordinance. A notice of violation shall be issued by the Administrator and shall have an immediate (b) Each day that a violation continues after a person has been notified that such a violation exists, and that he or she is subject to the penalty specified in subsection (a), shall constitute a separate offense once the time to correct has expired.  property.  civil penalty of three hundred dollars ($300.00).  47    (b) The violator shall contact Town Hall for a re-inspection once the violation is remedied in order to stop the accrual of civil penalties. This penalty may be recovered by the Town in acivil action in the nature of debt if the violation persists 30 days after the violator(s) have been cited for violation of the ordinance, or if a balance remains unpaid after a (c) This chapter may also be enforced by any appropriate equitable action, including but (d) The Town may enforce this chapter by any one or any combination of the foregoing  final invoice is mailed.  not limited to injunctions or orders of abatement.  remedies.  (D) Stormwater: Any person who erects, constructs, reconstructs, alters (whether actively or passively), or fails to erect, construct, reconstruct, alter, repair or maintain any structure, BMP, practice, or condition in violation of this division shall be subject to the remedies, penalties,  and/or enforcement actions outlined below.  (1) The stormwater administrator or other authorized agent may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on fhe site and served by the stormwater practices in question until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein. (2). As long as a violation of this division continues and remains uncorrected, the Town may deny any request for permit or development approval or authorization provided for by this division or the zoning ordinance for the land on which the violation occurs. (3) The stormwater administrator, with the written authorization of the Town manager, may institute an. action in a court of competent jurisdiction for a mandatory or prohibitory injunction and order of abatement to correct a violation of this division. Any person violating this division shall be subject to the full range of equitable remedies (4) If the violation is deemed dangerous or prejudicial to the public health or public safety and is within the geographic limits prescribed by G.S. 160A-193, the stormwater administrator, with the written authorization of the city manager, may cause the violation to be corrected and the costs to be assessed as a lien against the property. (5) The stormwater administrator may issue a stop work order to the person(s) violating this division. The stop work order shall remain in effect until the person has taken the remedial measures set forth ini the notice of violation or has otherwise cured the violation or violations described therein. The stop work order may be withdrawn or modified to enable the person to take the necessary remedial measures to cure such violation or (6) Civil penalties Violation of this division may subject the violator to a civil penalty to be recovered in a civil action in the nature of a debt if the violator does not pay the penalty within 30 days after notice of the violation is issued by the stormwater administrator. Civil penalties may be assessed up to the full amount of penalty to which the city is subject for violations of its Phase II stormwater permit, in addition to the (7) Revocation of credits. For any site, development, or other property that receives a credit against the stormwater fee as a benefit of ownership, possession, or maintenance  provided ini the General Statutes or at common law.  violations.  penalties as outlined in 153.999 (C).  48    of any structural BMP, violation of this division may be enforced by revocation of that credit. Such revocation shall be effective as of the date of the violation. The violator shall be eligible for all applicable credits upon the abatement of the violation. (8) The remedies and penalties provided for violations of this division shall be cumulative and in addition to any other remedy provided by law, and may be  exercised in any order.  (E) Fire Protection and Fire Prevention: A violation of the fire prevention code which is deemed by the fire official to pose an immediate threat to public life, health or safety shall subject the violator to a civil penalty of $100.00. Any other violation of the fire prevention code shall  subject the violator to a civil penalty of $50.00.  (1) Upon discovery of a violation posing an immediate and serious threat to public life, health or safety, the fire official may issue a citation to the violator with no prior (2) If a violation is not deemed to pose an immediate threat to public life, health or safety, a written notice of violation shall be personally delivered or sent by United States certified mail to the violator. Such notice shall set forth the nature of the violation, direct that such violation be corrected within a specified period of time, not to exceed ten days, and inform the violator of the consequences of the failure to comply. The penalties and remedies provided herein may not be invoked until after the compliance (3) Each day's continuing violation after the compliance period has expired shall (4) Upon expiration of the compliance period, the fire official may issue a civil citation to the violator. If the violator fails to pay the penalty within ten calendar days after being cited for a violation, the penalty may be recovered by the city in a civil action in (5) Notwithstanding subsection (a) above, the provisions of this chapter may be enforced by appropriate equitable remedies issuing from a court of competent jurisdiction.  warning or notice to the violator.  period has expired.  constitute a separate and distinct offense.  the nature of a debt.  (F) Enforcement:  (1) Whenever the Administrator has reason to believe that a person is violating any of the provisions of this Ordinance or any plan, order, or condition that has been approved, issued, or imposed pursuant to this Ordinance, the Administrator shall notify (2) Except as provided above, no penalty shall be assessed pursuant to this Ordinance unless and until the person alleged to be in violation has been notified of the violation in accordance with this chapter, with the exception of violation of a stop work order or illegal placement of a sign in a public street right-of-way. In the case of stop work orders, violations shall be subject the violator to immediate imposition of a penalty. In the case of a sign illegally placed in a public street right-of-way, the Administrator shall (3) The notice of violation shall describe the violation, shall identify the provision(s) of this Ordinance that are alleged as having been violated, shall specify what actions must be taken to correct the violation, shall direct the person to correct the violation within a specified period of time, and shall warn that more severe measures may be brought  that person of this violation.  be authorized to remove such sign immediately without notice.  49    against the person if he fails to take appropriate and timely actions to cure or correct the violation. The notice shall also state that the alleged violator or property owner shall have a period of up to fifteen (15) days from the date the notice was received to either correct the situation or appeal the Administrator's decision to the Board of Adjustment. Depending on the nature of the violation, the Administrator may grant one or more extension of time to cure or correct said violation. Such extension of time shall not be granted unless the alleged violator or property owner can demonstrate to the Administrator that the violation cannot be cured or corrected within the time period specified ini the notice of violation due to extraordinary circumstances or to circumstances (4) If the violation is corrected or cured within the time period specified by the Administrator, the City shall take no further action against the alleged violator. (5) The Administrator may deny or withhold all permits, certificates, or other form of authorization to use or develop any land, structure, or improvement until an alleged violation and, where applicable, assoçiated civil penalty associated with that violation are properly corrected and/or addressed. This provision shall apply whether or not the current owner applicant for the permit or other approval is responsible for the violation. (6) Any development permit, certificate or other form of authorization required under this Ordinance may be revoked by the Administrator if it is determined that:  beyond the control of the alleged violator or property owner.  a. There is a departure from the approved plans, specifications, or conditions as b.T The development permits was procured by false representation. d. Thère is a violation of any provision of this Ordinance as it relates to such  required under such permit.  c.The development permit was issued in error.  permit.  (7) The Administrator shall serve written notice of such revocation upon the alleged  violator or property owner.  (G) Violations of the provisions of this chapter shall not be considered a misdemeanor pursuant to  G.S. $ 14-4.  50    TOWN OF DALLAS, NORTH CAROLINA  REQUEST FOR BOARD. ACTION  DESCRIPTION: Cemetery Ordinance Proposal  AGENDA ITEMNO.6C BACKGROUND INFORMATION:  MEETING DATE: 10/8/2019  The Town has been contacted by aj person that owns an 8-lot family plot that currently has two interments. The owner wants to sell thei remaining 6 lots to another family. Currently, the Town's cemetery ordinance allows one central standing monument on a family plot ($95.05(A)). The purchasing family would like to install an additional standing monument on the plot, which This item was discussed at the July 231d Work Session. It was requested that cemetery ordinances from other Gaston County municipalities be collected and reviewed. Upon review ofc other ordinances and discussion at the August 20th Board Meeting, Staff was directed toj present aj proposed ordinance change to remove the limitation of one standing Thej proposed ordinance change was discussed at the August 27th Work Session. After discussion, the Board requested that this item bel brought back to the September Work Session At the September Work Session there was further discussion concerning thej proposed ordinance change to accommodate more than one monument per plot. After discussion, the Board requested that this item bel brought back for potential ordinance revision at the October Board Meeting. Attached is aj proposed ordinance change to remove the limitation on monuments.  isi not allowed under the Town ordinance.  monument per family plot.  for further discussion.  MANAGER RECOMMENDATION: To preserve the dignity and reverence oft the cemetery for future generations, and to facilitate proper maintenance; the Cemetery Superintendent and  Town Manager recommend upholding the current ordinance.  BOARD. ACTION' TAKEN:  51    $95.05 MONUMENTS, MARKERS AND MEMORIAL ORNAMENTATION.  CURRENT  (A) Above-ground, vertical-face-etched headstones shall. be referred to as "monuments". Flush-to-ground, otzona-OPlaceacned headstones shall be referred to as "markers". Monuments are only allowed on "family plots", which shall comprise or more contiguous, family-related and owned individual lots. Then, only one central  monument is allowed on the family plot.  PROPOSED  (A) Above-ground, verical-face-etched headstones shall be referred to as monuments". Flush-to-ground, onzonta-oplaceetcned headstones shall be referred to as "markers". Monuments are only allowed on "family plots", which shall comprise of more contiguous, family-related and owned individual lots. Fhen-onlyone-central  MORUPeREEaloWeGOR:Re-aRIYP9:  52    TOWN OF DALLAS, NORTH CAROLINA  REQUEST: FOR BOARD ACTION  DESCRIPTION: Annexation Request - Ollie Way  AGENDA ITEMI NO.6D BACKGROUND INFORMATION:  MEETING DATE: 10/8/2019  NVR, Inc. and Katie Summey, owner. PID#170057 (no address assigned), is petitioning for annexation into the Town ofDallas for the development ofa a single family residential  subdivision. This parcel is considered contiguous.  The parcel is currently located outside ofTown ofDallas zoning, but is adjacent to R-10 single family residential. The 2003 Future Land Use Plan highlights this specific parcel for Neighborhood and Community Business, but adjacent parcels are: marked for new: residential development. The Planning Board is recommending the requested zone ofR-6 CDO (Cluster The developer, ifs successful with this annexation, intends to pursue a phased development plan to extend beyond this parcel - some of which is already located within Town limits. At the August Board Meeting, the public hearing to consider annexation was scheduled for the  Development Overlay).  October Board Meeting.  MANAGER RECOMMENDATION: Approve the annexation request as requested and assign  the recommended. R-6 CDO zone to the property.  BOARD ACTION TAKEN:  53    NVR- Business Use Only  Ryan Welcoming families home for over 65years. Tiffany Faro Town of Dallas 210 NI Holland St. Dallas, NC: 28034  June 26, 2019  RE: Summey Property - Dallas, NC  Dear Tiffany,  Please find attached the Annexation Application signed by the Sellers of parcel 170057, a copy oft the $100 check for the application fee, ay preliminary master plan, preliminary phasing and an estimation of Based on current yield calculations by Bohler Engineering, we are estimating that Phase 1 will entail roughly 1001 lots. We estimate that upon delivery of our model lot, this should take approximately two years to sellt through at 50 lots pery year. Upon the completion of Phase 1, we would anticipate already having Phase 2 developed andr ready for construction to continue seamlessly from one Phase to the next and continue as such as we move into the additional phases per the attached plan with ar rough To achieve the yield and absorption that we estimate for this community, we anticipate building our Simply Ryan singlet family detached product on Phase 1 and bringing in our Lifestyle age targeted single family detached product into Phase 2.5 As we develop these two product lines, internally our objective is to dos so in av way in which these two products generally act as their own separate communities while coming together to share the benefits of any amenity and anyf fire access requirements. To achieve this, we will continue to work closely with all interested departments from the Town of Dallas and Gaston County where applicable to determine the community needs during the: site planning process. Ifapproved, we see this community: as a basis for growth in tandem with the Apple Creek Business Park to allow fors safe and affordable housing in close proximity for this growing employment base. With the forthcoming growth over those planned 318 acres, companies will find comfort in knowing that their investment in this Town is not the only one. This community willa allow a coming together across age ranges to allow families with differing needs to be int the same area. This community will allow workers to come home to the Town of Dallas and reinvest ini the economic growth oft the area. Iti is our plan to focus on theset first 30 acres and 100 units with the intention of obtaining consent and creating a development plan for an additional 180 acres that wille eventually be annexed andi rezoned to become additional phasing of this community. Aslo obtain those approvals, Iwill be able to share more  renderings based on our current product assumptions for the community.  estimation of 2 years between the site development of each phase.  54    NVR- Business Use Only  information on the exact parcels, phasing and timing as it relates tot this Phase: 10 opportunity. Int the meantime, Iseek your consideration: for the annexation and rezoning of parcel 170057 fort the lappreciate your time for review and consideration oft this request and am glad to share whatlh have  construction of single family detached residential units.  available in regard to more information on this proposed development.  Thanky you, Nicole Frambach AM Land Manger, NVR, Inc.  55    TOWN OF DALLAS, NORTH CAROLINA PETITION FOR ANNEXATION  PETITION NUMBER: DATE:  Contiguous  Non-Contiguous FEE: $100.00*  - Petitioner understands there will be additional costs associated with this petition such as advertising, postage, etc. and agrees to pay these fees upon receipt ofi invoice(s).  Current Property Use: Requested Zoning:  Planned Property Use:  R-6CDO (Cluster Development Overlay)  To the Board of Aldermen of the Town of Dallas:  We, the undersigned owners of real property, respectfully request that the area described as  DALLAS, NC 28034, further identified as  parcel ID #.  be annexed to the Town of Dallas.  Name of pettioner/property owner: Mailing Address of property owner:  Email: Address:  Phone Number  Attachments included with Petition:  1. Legal description (as noted in property deed) 2. Letter outlining reasons for annexation request  3. $100 Fee  Applicant Signature: Received By:  Date: Date:  56    DocuSign Envelope ID: 8900DB53-AC46-47E6-9E27-441460ADOE9A  TOWN OF DALLAS, NORTH CAROLINA PETITION FOR ANNEXATION  PETITION NUMBER: DATE: 6/24/19  XContiguous  Non-Contiguous FEE: $100.00' *  * Petitioner understands there will be additional costs associated with this petition such as advertising, postage, efc. and agrees to pay these fees upon receipt of invoice(s).  Current Property Use: R-1 Requested Zoning: Single Family  Planned Property Useu Single Family  To the Board of Aldermen of the Town of Dallas:  We, the undersigned owners of real property, respectfully request that the area described as  DadPag  DALLAS, NC: 28034, further identified as  parcel ID #. 170057  be annexed to the Town of Dallas.  Petitioner: Nicole Frambach, NVR, INC. Frances: 212) Whiteoaks Circle, Bluffton, SC 29910  Name of pettioner/properly owner: Frances Summey Kirby and Samuel Thomas Summey Mailing Address of property owner: Samuel: 103 Gordon Drive. Flat Rock. NC28731  Email Address Nrambac@nvinc.com Attachments included with Petition:  Phone Number: 704-887-3075  1.1 Legal description (as noted in property deed) 2. Letter outlining reasons for annexation request  3. $100 Fee  -Docusignedby: 3695A7CC7AB84E1-  usignedby: A-ba.24n0s 3B4A56BBE351492..  Applicant Signgturet Papupn  6/24/2019  Received By:  Date:  57    LEGAL DESCRIPTION  BEING that entire tract of real property owned by Grover F. Summey, which entire tract contains approximately 29.08 acres located on Dallas High Shoals Highway in Dallas Township, Gaston County, North Carolina, bearing Gaston County tax parcel identification number 3548-31-4558, all as more particularly described in the instruments recorded in Estate File No. 96-E-149 int the Office oft the Clerk of Courto of Gaston County andi in Book 358 at Page 2151 int the Gaston County Public Registry. *Grover Francis Summey died a resident of Greenville County, South Carolina, on March 27, 2009. See Greenville County, South Carolina Estate File # 2009ES2300749 (exemplified copies of probate The property! herein above described was acquired by Grantor by instrument recorded in Deed Book 358, Page 215 in the Gaston County Public Registry and in Estate File No. 96-E-149.  proceedings on file with Gaston County Clerk of Court).  1-2  170287.  170057 R-1:  202016  B-1  EALSA9  214259  212567  R-10 208641  58    59    60    TEXT AMENDMENT CONSISTENCYSICYSTATEMENT  The proposed annexqtion of Parcel, ID# 179057 into Town limits as R-6 Cluster. Distriçt Overlgy js technically inconsistent with the 2003 Future Land Use Plan's map designation as neighborhood and community business, however, this petition is deemed reasonable and in the public's best interest as this lot abuts land designated for new residential development, supports an increased demand for housing in light of Dallas' current and anticipated growth, and aligns with the 2003 Land Use Plan's recommendation for new residential to be clustered so as to. preserve open space  and heighten pedestrian accessibility.  Venn XBiatho Glenn Bratton, Planning Board Co-Chairman  yhgkig Date  61    6  62    CERTIFICATE OF SUFFICIENCY  To the Board of Aldermen oft the Town ofDallas, North Carolina:  I,Da'Sha Leach, Town Clerk dol hereby certify that Ihave investigated thej petition attached hereto and have found as a fact that said petition is signed by all owners ofi real property lying in In witness whereof, Ih have hereunto set my hand and affixed the seal oft the' Town ofI Dallas, this  the area described therein, in accordance with G.S. 160A-31.  13th Day of August 2019.  SEAL  A  Town Clerk  Re: Summey Annexation- PID 170057  63    TOWN OF DALLAS, NORTH CAROLINA  REQUESTI FOR BOARD ACTION  DESCRIPTION: Code Enforcement Position  AGENDA ITEM NO. 7A BACKGROUND INFORMATION:  MEETING DATE: 10/8/2019  This item was discussed at the August 27th Work Session and was placed on the agenda for the September 10th Board Meeting for action. At the September 10th Board meeting, it was requested that thei item be placed on the September 24th Work Session agenda for further discussion. The item was discussed at the September 24th Work Session and is being brought As growth and development opportunities continue to increase for Dallas, it is becoming increasingly difficult for the Dévelopment Services Director to devote the time needed to pursue economic development for the Town, review and accomplish ordinance revisions, and address In order to maximize the Development Services Director's time and abilities, we are proposing to add al Part-Time Code Enforcement Position to work in the Community Development Department. This position would work approximately 201 hours per week on average and would receive, investigate, and enforcé Town. ordinances in relation to code enforcement violations and complaints. The addition ofthis position would facilitate the timeframe within which violations Attached is a current listing of complaints and violations received by the Development Services Director. Many of these are still waiting to be addressed, while more complaints and violations are received each week. Each violation requires ai minimum oft three (3) site visits: 1)To verify the initial violation, 2) To follow up after the initial deadline, and 3) To follow up after abatement to confirm compliance. There are approximately 15 new calls per month concerning Also attached is a proposed Job Description for thej position and al budget amendment to fund the  back for action.  code enforcement complaints and violations in our Town.  could be remediated.  code enforcement issues.  additional position for thei remainder of this fiscal year.  MANAGER RECOMMENDATION: Approve the new Part-time Code Enforcement Officer Position; along with the accompanying. job description and budget amendment as presented.  BOARD ACTIONTAKEN:  64    CODE ENFORCEMENT OFFICER- PART-TIME  General Statement of Duties  Performs responsible worki in the enforcement of zoning and other Town ordinances.  Distinguishing Features oft the Class  An employee ini this class is responsible for carrying out a consistent program ofe enforcement of various Town codes within the Town limits, and the ETJ where appropriate. The employee responds to andi investigates issues concerning zoning or public nuisance-types, as well as following up on potential problems discovered during regular patrolling of the community. Initiative and collaborative conflict resolution is required in ensuring property owners, residents, andl business owners comply with regulations. Duties are performed under the supervision of the Development Services Director and are evaluated through observation, reports,  and feedback from the public. Essential Duties and Tasks code violations.  Duties and Responsibilities  Tracks and responds to complaints regarding zoning, nuisance, or minimum housing violations.  Conducts code enforcement operations within the Townt toi identify and address zoning, nuisance, and minimum housing Conducts the necessary research into various matters and coordinates activities with other departments, as applicable.  Interprets the Town's ordinances and regulations toi individuals. Issues violations, notices, warnings, and citations.  Coordinates abatement actions as needed and verifies worki is complete. Creates and processes invoices and/or liens related to code enforcement activities. Serves as a Town Representative at Town Board meetings and/or court proceedings as needed  Removes illegal signs from rights-of-way.  Works with other Town employees, including those within the Police Department and Fire Department, toi further identify  problem/blghted areas and affect a complete enforcement: strategy.  Assists int the development of new policies, procedures, and ordinances as needed.  Additional Job Duties  Performs other duties as required.  Recruitment and Selection Guidelines  Knowledge, Skills, and Abilities  Skills to operate equipment/software/Photography devices, typically used within an enforcement environment; including Microsoft Office applications, entorcement/planning software programs, personal computers, tablets, faxi machines, and phone Ability to learn and apply aspects of federal, state, andl local laws, regulations, policies, procedures, and standards pertinent  systems.  to assigned areas of responsibility.  Ability to interpret codes and ordinances and their application to: specific situations. Ability to prioritize, manage, and organize a variety ofe enforcement activities. Ability to express ideas effectivelyi in oral and written forms.  Ability to develop legal citations and warnings.  Ability to work collaboratively to resolve problems and to enforce regulations tactfully and firmlyi in a consistent manner.  65    Ability to conduct themselves ina aj professional manner, regardless oft thes situation. Ability to perform varied assignments under appropriate degrees of supervision.  Ability to establish and maintain effective working relationships with Town and State officials, developers, property owners  andt the general public. Physical Requirements  Must be ablet to physically perform the basic life operational functions of stooping, kneeling, reaching, standing, walking, Must be able to perform light work exerting up to: 20 pounds off force occasionally, and/or up to 10 pounds oft force Must possess visual acuity to perform reviews, fieldi inspections; prepare and analyze data and statistics, operate a  climbing stairs, pulling, pushing, lifting, fingering, talking, hearing, and repetitive motions. frequently, and/ora ar negligible amount ofi force constantly to move objects.  computer and do extensive reading. Desirable Education and Experience  Requires graduation from High School and two years of experience ini inspections ore enforcement; or any equivalent  combination of experience andt training which provides the required knowledge, skills, and abilities.  Special Requirements  Possession ofa a valid North Carolina driver's! license.  Code Enforcement Officer- -Pg.2  66    Town of Dallas Budget Amendment  Date:  October 8, 2019  Action: Community Development  Purpose: To Appropriate Funds for Part-Time Code Enforcement Officer  Number:  CD-001  Line  Original Amount $224,049 $62,101 $3,900 $913 $120 $0  Amended Amount $241,689 $75,701 $4,743 $1,110 $1,920 $1,200  Fund 10 10 10 10 10 10  Dept 3999 4110 4110 4110 4110 4110  Item Item Description 0000 Fund Balance Appropriated 0200 Salaries 0250 FICA 0251 Medicare 3400 Equipment 3500 Furnishings  Difference $17,640 $13,600 $843 $197 $1,800 $1,200  Approval Signature (Town Manager)  67    TOWN OF DALLAS, NORTH CAROLINA  REQUESTI FOR BOARD ACTION  DESCRIPTION: Dallas High School Apartments Managing Member Change  AGENDA ITEM NO.8A BACKGROUND INFORMATION:  MEETING DATE: 10/8/2019  On October 31, 2002, the Town ofDallas entered into a development agreement with William Farris and Scott Redinger, Co-Managing Partners ofDallas High School Apartments LLC, to seek a $250,000 CDBG Loan to assist the redevelopment oft the Old Dallas High School as 33 Senior apartments. Later, in al Promissory Note, dated. April 12, 2005, the Town loaned the LLC $230,000 oft the funds at 2% interest and a 20-year amortization rate, with only interest due each year, and a balloon payment due on December 10, 2024. Thej project went well and continues to be well managed, maintained, and fully occupied. In early 2015, Mr. William Farris sold his interest to Lutheran Services Carolinas (LSC) and the Town formally approved this change on On August 15, 2019, Mr. Scott Redinger sold his interest to LSC, making them the sole managing member ofthe property. LSC is requesting that the' Town list them as the sole managing member ofthe property for the promissory note on the Dallas High School LSCisaw well-regarded, faith-based owner and operator ofr many quality housing facilities throughout the Carolinas and will be a worthy exclusive owner oft the property. A letter approving LSC as the: solei managing partner is attached. No other terms oft the agreement will  May 12, 2015 within the terms oft the loan agreement.  Apartments.  change as a result oft the ownership change.  MANAGER RECOMMENDATION: Approve the letter of approval for Lutheran Services Carolinas becoming the sole: managing member oft the Dallas High School Apartments.  BOARD ACTION TAKEN:  68    October 9, 2019  Mayor Rick Coleman Aldermen Jerry Cearley Allen Huggins Darlene Morrow Stacey Thomas Hoyle Withers Town Manager Maria Stroupe Town Clerk/HR Da'Shal Leach Finance Jonathan Newton Town Attorney J.T Thomas Hunn Police "en Scott Electrical J.D Doug Huffman Public' Works Bill Trudnak Development Svc Tiffany Faro Fire Chief Earl Withers Recreation Garrett Lowery Town of Dallas 210 N. Holland St. Dallas, NC 28034 Phone: 704-922-3176 Fax: 704-922-4701 Web Page: w.dallasnc.net PublicPower MOWETOMMACRETADIDE  Mr. Ted W. Goins, Jr., CEO and President Lutheran Services Carolinas P.O. Box 947 Salisbury, NC: 28145-0947  Re: LSC as Sole] Managing Member ofl Dallas High School Apartments LLC  Dear Mr. Goins:  Please allow this correspondence to serve as official notice and documentation that the Town ofDallas, North Carolina, as approved by action ofi its Board of Aldermen at a Regular Board Meeting held on October 8, 2019, formally authorized thei replacement of Scott Redinger by LSA Management, Inc. doing business as Lutheran Services Carolinas (LSC), making it the sole managing member under the terms oft the development agreement and $230,000 promissory note held by the' Town ofDallas on the property known as the Dallas High School Apartments (DHS Apartments LLC). We are pleased that LSA Management has taken on this role and believe that your firm will act as effective stewards in managing and maintaining this important source of  quality and affordable housing for thel low income senior  Town of  population in the  Dallas.  If you require additional information or documentation, please don't hesitate to contact  me at your convenience. Sincerely,  Maria Stroupe Town Manager  Cc: Da'Sha Leach, Town Clerk Rick Coleman, Mayor  69    ,---  REALI ESTATE: PURCHASE. AGREEMENT  THIS REAL ESTATEI PURCHASE AGREEMENT (the "Agreement"): is entered  into as ofthe 15 day OfA4LA4-+-,2019 ("Effective. Date"), by and between DHS. Apartments, LLC, al North Carolina limited liability company (the "Seller" and/or the "Company");LSA Management, Inc. d/bla Lutheran Services Carolinas, a North Carolina non-profit corporation, or its nonprofit affiliate assignee ("Purchaser"); and Scott A. Redinger, Inc., al North Carolina corponmtion(Redinger").  RECITALS:  WHEREAS, Redinger owns a forty-five thousandth ofone percent (0.004590memberahip interest WHEREAS, the Purchaser owns a fifty-five thousandth of one percent (0.0055%) membership WHEREAS, Community Equity Fund IXI North Carolina Limited Partnership, a North Carolina limited partnership (the "Investor Member") owns a ninety nine and 99/100ths percent (99.99%)  int the Company;  interest in the Company; and  membership interest int the Company;  WHEREAS, Redinger, the Company, Purchaser and the Investor Member are parties subject to that certain Second. Amended and] Restated Operating Agreement dated] March 10,2003 and as amended by that) First Amendment to Second. Amended and] Restated Operating Agreement dated February 1,2 2014 and that Second. Amendment to Second Amended and Restated Operating Agreement dated February, 2016(the WHEREAS, pursuant to the Operating Agreement, Redinger and Purchaser are collectively the "Managing Member" (as defined and used in the Operating Agreement) of the Company and are the only WHEREAS, pursuant to the terms of Section 13.01 of the Operating Agreèment, Purchaser has duly, exercised the right of first refisal to purchase the Project (as defined in the Operating WHEREAS, the parties hereto desire to enter into this Agreement to memorialize the terms oft the NOW, THEREFORE, for and in consideration oft the mutual covenants and agreements set forth herein, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby 1. Property. Seller hereby agrees to sell and convey to Purchaser and Purchaser hereby agrees to purchase from Seller, the real property consisting of approximately 0.9337 acres as more particularly described on Exhibit A, attached hereto and incorporated herein by this express reference, and all improvements located thereon and all appurtenances thereto, located in Gaston County at 300 WestC Church Street, Dallas, North Carolina 28034, and having a tax parcel identification number: 3547969528 (the Purchase Price. The purchase price (the "Purchase Price") fort the Property shall bè equal to the sumo of: (i)the principal amount ofallo outstandingi indebtedness securedbyt thel Projectincluding: anyaccrued  "Operating Agreement"); Managers thereof;  Agrementhereunder; and purchase oft the Project byl Purchaser.  acknowledged, thej parties hereto covenant and agree asi follows:  "Property" and/or "Project").  2.  1  245937.5  Initials: Puha-16 Seller: 8AR  70    interest; and (ii) thes sum ofa all federal, state, and local taxes payable byt the Investor Member or its] partners attributable tot thes sale; provided, however, that thej prices shall not bel less thant the minimum purchase price defined in Section 42(1)(7)(B) oft the Code. As ofDecember 31, 2018, thel Investor Member anticipated no federal, state or local taxes being attributable to the contemplated sale herein. The Purchase Price shall be payable at Closing as follows: Purchaser's assumption of the outstanding indebtedness secured by the Project owing on1 the first position mortgagel held by Greystone Servicing Corporation, Inc. ("Greystone") Other Costs. At or prior to the Closing, the Company shall pay to thel Investor Member the sum of$5,195.00: in asset management: feesi relating toi thel Project fors services provided prior to Closing. Further, at Closing, Purchaser agrees to pay to the Investor Member the sum of $1,000 for legal fees incurred by  and the second positon mortgage held by Town ofDallas, North Carolina ("Dallas").  3.  Investor Member in connection with the subject transaction. Representations and' Warranties. Purchaser'sp purchase ofthe] Property:  4. a. i. ii. ili. iv. V. vi.  Seller hereby makes the following representations and warranties in connection with Seller is the fee simple owner oft thel Property and Seller hast the right, power, legal Seller has no actual knowledge of any failure to materially comply with all Thej performance oft the Agreement will not resulti in the! breach of, constitute any There are no legal actions, suits or other legal or administrative proceedings Except as may be required by law or consentedi to by) Purchaser (such consent will To the best of Seller's actual knowledge, there are no Special Assessments, as  capacity, and authority necéssary. to ênter into this Agreement and comply with Seller's obligations applicable laws, ordinançes, regulations, statutes, rules and restrictions pertaining to or affecting the default under or1 result int thei imposition ofany lien or encumbrance upon thel Property under any agreement or otheri instrument to which Selleri isa party or by. which Seller or thel Property ist bound; pending or, to1 thel best ofSeller's actual knowledge, threatened: against thel Property, and Seller is not aware ofany facts which might rèsult in any such action, suit or other proçeeding; not bet unreasonably withheld), until the Closing, Seller shall not consent to or enter into any easements or defined herein, either. proposed Or:confirmed against the Property. As used herein, the term "Special Assessments" shall mean any charge against the Property by a governmental authority in addition to ad valorem taxes or by an owners' association in addition to any regular assessment (dues), either of which owners' association(s) and governing documents which impose various mandatory covenants, conditions and restrictions upon the Property and Purchaser's enjoyment thereof, including but not limited to with] Excel Property Management constitutes the onlyagreemoentrelatinge tot ther managementofthel Property. caused or permitted any "Hazardous Materials" (as hereinafter defined) to be placed, held, located or disposed of on, under or at thel Property or any part thereof, and neither thel Property nor any part thereof has ever been used as ac dump or storages site (whether permanent ort temporary)forany! Hazardous Materials. As used herein, the term "Hazardous Materials" includes any hazardous, toxic or dangerous waste, substance or material, defined as such in, or for the purposes of, the Comprehensive Environmental Response, Compensation and Liability Açt (40 U.S.C. section 9601 et. seq., as amended) or any other  hereunder; Property;  other encumbrances upon thel Property.  may be al lien against the Property.  vii. viii. ix. X.  Ownership of thel Property doès nots subject Purchaser to regulation by one or more To the best of Seller's knowledge, there are no known defects on1 thel Property. Seller represents and warrants that thel Management. Agreement dated. July 6, 2009 Neither Seller nor, to the best of Seller's knowledge, any other party has ever  obligations to pay regular assessments (dues) and Special Assessments.  2  245937.5  Initials: Purchaser:  he aBAR  71    :  "superfund" or "superlien" law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any substance or material, as presently in effect ("Environmental Laws"), but shall not include any medicines, drugs, gasses or othér materials plaçed, held, located or disposed of under or at the Property in the conduct ofthe dentistryp practice. Thel Property doesi noto contain asbestos orradon, ora any others substance known or believed by generally accepted authorities to be harmful or injurious tol human health or safety, nor does the Property contain any underground fuel storage tanks. During Seller's ownership of the Property, therel have been no spills, leaks or accidents on thel Property: relatingt to such use of such Hazardous Materials on thel Property. Seller( (a) has complied with alll Environmental! Lawsi in alli material respects, and no action, suit, proceeding, hearing, investigation, charge, complaint, claim, demand, or notice has been filed or commenced against Seller alleging any such failure to comply, (b) has obtained and been in substantial compliance with all of the terms and conditions of all material permits, licenses, and other authorizations that are réquired under thel EnvironmentalIaws, and (c)! has complied in all material: respects with all other limitations, restrictions, conditions, standards, prohibitions, réquirements, obligations, section shall not merge into thel Deed or other closing documents, but shall survive closing for aj period of  schedules, and timetables that are contained in thel Environmental Laws.  xi.  Each of the representations, warranties and covenants made by Seller under this  three (3)years thereafter. b. i. i.  Purchaser hereby makes the following representations and warranties in connection with Purchaser hast the authority necéssary to enteri into this Agreement and comply with Neither Purchaser nor any of its partners, members, shareholders or owners is a  Purchaser's purchase oft thel Property, and no others, express or implied:  Purchaser's obligations hereunder.  person or entity with whom U.S. persons or entities are restricted from doing business under regulations of the Office ofForeign. Asset Control ("OFAC") oft thel Department of the' Treasury (including those named OnOFAC s Specially Designated: and] Blocked] Personsl List) or under any statute, executive order (including the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism), or other governmental action.  5. Title and Survey.  a. Seller agrees to convey fee simple marketable andi insurable titlet tot thel Property! by general -warranty, deed, free and cleaf ofall liens, encumbrances and defects of title other than zoning ordinances affecting the Property, utility easements ofrècord serving the Property, taxes not yet due and payable, road rights-of-way ofrecord andi those other reservations, restrictions, easéments and other exceptions ofrecord, that may be approved by Purchaser in writing all of which may be reviewed and objected tol by Purchaser prior to Closing ("Permitted! Exceptions"). Notwithstanding anything contained in this. Agreement to the contrary, all deeds of trust, liens and other charges against the Property incurred by Seller and not to be assumed by Purchaser, as may be expressly provided hereunder, shall be paid and satisfied by Seller prior to or at Closing such that cancellation may be promptly obtained following Closing. Seller shall remain 10 days prior to Closing), Purchaser shall, at Purchaser's expense, cause at title examination to be made of thel Property. Int the event that] Purchaser objects to any matter affectingt title revealed by thet title examination other than thel Permitted Exceptions, then thel Purchaser shall immediately notify the Seller ofa all such title defects and exceptions, as of the date Purchaser learns oft the title defects, but in no event later than the expiration oft the Investigation Period, and Seller shall have ten (10) days (the "Title Cure) Period") to cure said noticed defects. If Seller does not cure the defects or objections within the Title Cure Period, then Purchaser may terminate this Agreement by written notice to Seller on or before ten (10) days after expiration of the Title Cure Period and receive a return of Earnest Money (notwithstanding that the  obligated to obtain any and all such cancellations following Closing.  b.  During the] Investigation Period (which is defined as thet time from thel Effective Date until  3  245937.5  Initials: Purchaser: 16 Selleri, BAR  72    Investigation: Period may have expired). IfPurchaser fails tot terminate the Agreement within such ten (10) day period, then the Closing shall proceed and such objectionable: matters shall be deemed to be Permitted Property prepared by al land surveyor or engineer registered and licensed in the State of North Carolina. Provided, however, at Purchaser's option, Seller will execute as survey affidavit ini form as may be required by] Purchaser's titlei insurance company in order toi insure Purchaser's: for matters of survey based upon no improvements having been made since and based upon that certain ALTA survey entitled "FINAL-AS- BUILT SURVEY FOR DHS APARTMENTS, LLC" by Franklin E. Tanner, PLS, of Tanner and McConnaughey, P.A., dated January 19, 2004 (the "Current Survey"). If the Survey shows any matter which would affect thei marketability oftitlei tot thel Property (except for thel Permitted! Exceptions and other title matters otherwise permitted hereunder), then Purchaser shall notify Seller in writing of the specific defect within ten (10) days after receipt of the Survey, but in no event later than ten (10) days prior to Closing. Purchaser's failuré to deliver timely notice of survey defects shall be deemed a waiver of  Exceptions. C.  Prior to Closing, Purchaser shall have the right to obtain a new survey ("Survey") oft the  Purchaser'si right to object to survey: matters as provided int this Section.  6.  Investigation Period.  a. - Within ten (10). business days of the Effective Date, Seller shall use its best efforts to deliver to thel Purchaser: (1) the Seller's deedt to thel Property, (2) any prior plats or surveys of or containing the Property, (3) the Seller's title insurance policy, (4) any prior Phase IEnvironmental Assessments or immediately preceding the Closing Date, (the" Investigation Period"), Purchaser shalll havet thei right to enter upon thel Property tomake andj perform alli inspections, inquiries, reviews andinvestigations oft the condition oft the Property: which it may deem neçessary in order to determine that thel Property is acceptable to the Purchaseri ini its solec discretion, all ofwhichi inspections andi inyestigations shalll be undertaken: atl Purchaser's sole cost and expense. After completing its inspection oft thel Property, Purchaser shall, ati its sole cost and expense, repair ànd replace any damage it has caused to the Property. Purchaser shall coordinate any on- site inspections with Seller, and Sellér shall use its reasonable best efforts to accommodate all requests of Purchaser. Alli inspections ofthe Property shall be conducted: in such ai manner as to avoid any interference with any business operations on the Property. To the extent reasonably practicable, all inspections shall be conducted during normal. business hours, with reasonable prior written notice to Sellér. If, prior to1 the end sof.t the Investigation. Period, Purchaser. determines that. the Property. is unsuitable, in Purchaser's sole discretion, and provides written notice to Seller thereof, then this Agreement shall terminate. If the Agreement ist terminated under this section, then Purchaser shall provide Seller with copies ofa any and all  other environmental assessments oft thel Property within Seller's] possession.  b.  For aj period from the Effective Date and terminating at 11:59pm on the tenth day  studies, reports and other due diligence information relating to thel Property. 7. No Other Representations or Warranties;. AS-IS Condition.  a. Subject to the representations and warranties contained int this Agreement, and ini thel North Carolina Special Warranty Deed tol be delivered by Seller to Purchaser at the Closing. Purchaser is hereby purchasing the Property in "AS-IS, WHERE-IS" physicial condition, and agrees that it relies upon no warranties, representations or statements by Seller, or any other persons for Seller, in entering into this Agreement or in. closing the transactions described herein, except for the express representations and warranties set forth in this Agreement. Subject to the survival of any representations and warranties as provided in this Agreement: (A) Purchaser's closing on the acquisition of the Property shall constitute conclusive evidence that Purchaser is satisfied with the condition of and title to thel Property; and (B): in closing and completing thist transaction, Purchaser willl have relied exclusively upon its owni inspections and reviews, and not upon any representation or warrânty of Seller or its agents or employees except those b. Except for the express representations and warranties set forth in this Agreement, Seller  expressly set forthl herein.  4  245937.5  Initials: Purchaser:  Seller:  16  BAR  73    I:  makes no warranties, representations or statements whatsoever, express or implied, concerning or relating toi thel Property. Purchaser acknowledges that no agents, employees, brokers or other persons are authorized  to make àny representations or warrânties on behalf ofSeller.  C. This Section shall survive the closing oft the Agreement.  8. Closing. a.  The closing (the "Closing") oft this transaction shall take place on or beforeforty-five (45)  days following the parties' receipt of written confirmation of approval by Greystone of Purchaser's assumption of Greystone's first position mortgage (the "Greystone Mortgage") and approval by Dallas of Purchaser's assumption of the second position mortgage held by Dallas (the "Dallas Mortgage") (the "Closing Date"). The Closing shall take place at the offices of Purchaser's legal counsel (hereinafter referred to as the "Closing Agent"), or at such other time and place as may be agreed upon by Purchaser Mortgage and the Dallas Mortgage and the release oft the Seller, Redinger and the Investor Member from documents on behalfofP Purchaser has thej power and authority to execute and deliver same; and the parties, required for a legal conveyance of real estate in the state where the Property is located, or as marketable and insurable title to the Property, free and clear of any and all encumbrarices except only the  and Seller.  At Closing, Purchaser shall deliver tot the Closing Agent:  i. ii.  the executed documents to effect Purchaser's full assumption of the Greystone evidence reasonably satisfactory to Seller that thej person executing thet transaction iii. : such otheri instruments, affidavits, resolutions and other documents agréed between  any liability thereunder;  may bei reasonably: requested by the other party.  At Closing, Seller shall deliver tot the Closing Agent:  i. ii. iii. iv.  a North Carolina Special Warranty Deed conveying to Purchaser fee simple all original (or a copy if Seller does not possess the original) licenses and permits an affidavit and indemnification agreement in form satisfactory to Purchaser and  Permitted! Exceptions;  with respect to1 thel Property and inj posséssion or control of Seller;  AFIRPTA affidavit of an authorized agent of Seller;  Purchaser'stitle insurer, ifany, executed by Seller and any person or entity whol has pérformed or furnished labor, services, materials or rental equipment as described in NCGS sec. 44A-81 to the Property within 120 days prior tot the daté ofClosing yerifying that each such person or entity has béen paid in full and agreeing toi indemnify Purchaser, Purchaser'sl lender(s) and Purchaser's title insurer against all loss from any cause rights of possession of any third parties have been lawfully assigned to Purchaser, including without transaction documents on behalf of Seller has thej power and authority to execute and deliver same; and parties, required for al legal conveyance ofi real estate in the state where the Property is located, or as may herein unless thei following conditions have been satisfied or waived by thej parties in writing, at or prior to  orc claim arising therefrom.  V. vi. vii. b. C. Closing: and Dallas Mortgage.  evidence reasonably satisfactory to Purchaser that all leases, rents, licenses and evidence reasonably satisfactory to Purchaser that the person executing the such other affidavits, resolutions and other documents as agreed between the  limitation any leases with a party affiliated with Seller;  ber reasonably requested by the other party.  Possession oft the Property shall be delivéred by Seller tol Purchaser at Closing. Purchaser and Seller shall be under no obligations to close the transaction contemplated  i. ii.  Purchaser shall be approved to, and shall, fully assume the Greystone Mortgage Seller, Redinger and Investor Member shall be released from any and all  5  245937.5  Initials: Purchaser:  Seller: 1h AAR  74    ER 1  obligations under the Greystonel Mortgage and the Dallas Mortgage.  9. Taxes. All general real property taxes and all installments of special assessments payable with respect to the Property for the year of Closing shall be prorated between Purchaser and Seller as oft the Closing, on a calendar year basis. If the precise amount of taxes and assessments payable for the year of closing cannot be ascertained, proration shall be computed on the basis of taxes and assessments on the Property for thei immediately preceding tax year, subject to any revaluation or rate change which may be  known and taken into account for such purpose. (ifapplicable) and prorated through the Closing:  10. Proration ofIncome and Expenses; Security. Deposits; Closing Expenses,  a. Purchaser and Seller acknowledge and agree that, thei following items willl bes made current b. Seller shalll bee entitledi to all rents or rent equivalents payable under anyl leases (the" "Rents") through the Closing. Sellers shall cause any and alll leases, rents, licenses andi rightofpossession withi respect C. Seller shall be: responsible for all operating expenses, including insurance premiums incurred through the Closing and Purchaser shall be responsible for the same subsequent to the Çlosing. Operating expenses and charges shall be prorated to the extent Seller paidi for such expenses priort to Closing that are attributable to the period after Closing or Purchaser paid for such expenses after Closing that are attributable to the period prior to Closing. Either party shall, within five (5) days of its receipt of the d. Seller shall bee entitled tot the amount ofany deposits posted by Seller with utility companies to the extent such. deposits are assignable and are actually assigned to Purchaser at Closing. In the event Purchaser collects such utility deposits attributable tot thej period prior to Closing, Purchaser shall promptly e. Seller shall ber responsible for paying its attorneys' fees and documentary stamps, and/or excise taxes (including any surtax) on the Special Warranty) Deed. Purchaser shalll be responsible forj paying its attorneys' fees, recording fees, titles search fees, titlei insurance premiums, the cost ofi its Survey, the cost ofi municipal lien lettèrs. and any. and all other costs incurred by Purchaser in connection with the subject f., R Notwithstanding anything to the contrary set forth herein, the provisions of this Section 11. Casualty. Priort to Closing, the risk ofl loss shall remain with Seller. Ifthel Property is damaged by fire or other casualty after the Effective Date oft this Agreement but prior to the closing date, such that the cost to restore the Property to its condition immediately prior to the casualty is in excess of twenty-five oft thei insurance proceeds (or the right to receive the same, ifthey are: not received before closing) payable to Seller as a result oft the casualty, or, at Purchaser's election, Purchaser shall have the option to treat the amount ofs such unreceived insurance proceeds as a credit against thel Purchase Pricej payable at Closing; or b. terminate this Agreement by written notice delivered to Seller within ten (10) days after Purchaser receives notice ofthe casualty, in which event thel Earnest Money shall bei refunded tol Purchaser. Ifthel Property is damaged by fire or other casualty priort tot the closing date and the cost of restoration does not exceed twenty-five percent (25%) ofthe Purchase Price, this Agreement shall remain in full: force and effect upon the terms stated herein and at Closing Seller shall assign to Purchaser the insurance proceeds (or the right to receive the same, ift they are: not received before closing): payable to Seller as ai result of the casualty. Alternatively, Purchaser shall have the option to treat the amount of such unreceived insurance  i. ii.  taxes (as described in thei foregoing section entitled' "Taxes");  rents, operating expenses and other current expenses andi revenues oft thel Property.  to the Property to be assigned to Buyer as oft the Closing Date.  foregoing, remit to the other party its proportionate share.  remit them to Seller within five (5) days after Purchaser'si receipt ofs same.  transaction.  shall expressly survive the Closing.  percent (25%) oft the] Purchase. Price, Purchaser shall have the option to:  a.  proceed to close this transaction on the terms contained herein andi receive an assignment  6  245937.5  Initials: Purchaser:  Seller: A BAR  75    proceeds as a credit against thel Purchase Price payable at Closing.  12. Condemnation. Prior to Closing, the risk of loss shall remain with the Seller. If any material portion oft the Property is condemned under the power ofe eminent domain, is the subject ofa a threatened condemnation, or is conveyed to a condemning authority in lieu of condemnation, Seller shall. notify Purchaser in writing of the threat, condemnation or conveyance within five (5) business days of Seller's knowledge of the condemnation. Purchaser shall within ten (10) days of the notice have the option of(a) proceeding with the closing and receiving the award or condemnation payment (or an assignment thereof, ift the same is not received by closing or Purchaser shall have the option to treat the amount of such unreçeived payment as a credit against the Purchase Price payable at Closing), or (b) canceling this 13. Notices. All notices required or permitted to be given hereunder shall be given by certified mail, postage prepaid, or by overnight delivery service, or shall bej personally served, to Purchaser and Seller at  Agréement.  the following addresses: PURCHASER: Lutheran Services Carolinas P.O. Box 947 1416 S. Martin Luther King Jr. Ave. Salisbury, NC 28145 Email: omnson@isaolmasnet With copies to: Kevin C. McIntosh, Esq: Young Morphis Bach & Taylor, LLP P.O.] Drawer 2428 (28603) 858 2nd Street NE Hickory, NC 28601 Email: kevimm@nckoylw.com SELLER: DHS Apartments, LLC Attn: Scott A. Redinger 4553 Technology Drive, Ste. 3 Wilmington, NC28405 Email: REDINGER: Scott A. Redinger, Inc., President Attn: Scott A. Redinger 156Lafayette Street Wilmington, NC28405 With copies to: Deborah L.] McKenney, Esquire Blanco Tackaberry & Matamoros PA 110 South Stratford Road, Suite 500 Winston-Salem, NC27104-4299 Email: lm@blancolaw.com Initials: Purchaser:  7  245937.5  Seller:  A  BAR  76    All notices shall be deemed: received either when actually received or three (3) days after posting (ifr mailed), one business day after deposit with the delivery service (ifs sent by overnight delivery), when actually received via email by notice of receipt, or when delivered (ifp personally delivered). Either party 14. Default. If Seller defaults in the full and timely performance of any of its obligations hereunder, Purchaser may elect to either seek specific performance or other equitable remedies available to it or terminate this Agreement andj pursue any other remedies available under this Agreement, at law or ine equity. 15. Brokers. Sellera and] Purchaser eachl hereby represent and warrant that ith hasi not engaged thes services ofany real estate agent, broker or firmi in connection with thel Property or this real estate transaction. 16. Final Tax Returns and Dissolution. Within 90 days following the Closing Date, the Managing Members shall cause the Company to obtain and submit to the Investor Member the audited financial statements and final tax returns (including Schedule K-1s) for the Seller's taxable year ending on the Closing Date. Thereafter, the Managing Members shall cause the Company to file Articles of] Dissolution with the Office oft the North Carolina Secretary of State and to také all actions deeméd necessary by the 17. Payment to Redinger. At or prior to Closing, Purchaser shall pay to Redinger the sum of $12,500.00 as full and final payment of any and all management fees or Incentive Payments (as defined herein) under that certain Incentive Management Agreement attached as Exhibit E to thé Operating Agreement. Further, Purchaser shall pay for any and all: reasonable legal and/or accounting fees incurred by Redinger in connection" with this Agreement andi thet transactions contemplated hereby. 18. Entire Agreement. This Agreement, including any exhibits or schedules attached hereto, contains the entire agreement between Seller and Purchaser and thère are no other terms, conditions, promises, understandings, statements or representations, express or implied, regarding the transaction contémplated hereby. This Agreement may be amended only by a further written document signed by each ofthe parties. 19. - Successors and Assigns. Thej provisions oft this Agreement shall be binding upon andi inure tot the benefitoftheparties. heretorand theirrespectivel heir, successors, assigns, executors, administrators. and] legal representatives. Upon written notice to, but without further consent of, Seller, Purchaser may assign its rights and delegate all obligations hereunder to a nonprofit entity affiliated with Purchaser. Upon such 20. Captions. The captions oft thej paragraphs in this Agréement havel been inserted: for convenience of reference only and shall ini no way modify or restrict any provision hereof or be used to construe any ofthe 21. Construction. Thej parties acknowledgei that thej parties and their counsell have reviewed andi revised this Agreement and that thei normal rule of construction to the effect that any ambiguities aret tol bei resolved against the drafting party shall not be employed: in the interpretation of this Agreement or any exhibits or 22. Modifications. This Agreement cannot be changed orally, and no executory agreement shall be effective to waive, change, modify or discharge it in whole ori in part unless such executory agreement isi in writing and is signed by the parties against whom enforcement of any waiver, change, modification or  may change the above addresses by written notice tot the other.  Managing Members to effect the dissolution oft the Company.  assignment, Purchaser shall be released ofi further liability hereunder.  provisions hereof.  amendments hereto.  discharge is sought. Initials: Purchaser:  8  245937.5  LMBAR  77    :  23. Severability. Ifany provision oft this Agreement is held invalid or unenforceable, thei invalidity or unenforceability shall be limited to the particular provision(s) involved and shall not affect the validity or 24. Recordation. This Agreement may not be recorded by any party hereto. The provisions of this 25. Appliçable Law. This. Agreement shall be governed by and construed in accordance with thel laws of the State ofNorth Carolina. Purchaser and Seller agree that the provisions oft this Section shall survive 26. Counterparts and Electronic Signatures. This Agreement may be executed in counterparts, all such executed counterparts shall constitute the same agreèment, and the signature of any party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart. Ins addition, this Agreement and documents executedinc connection withi itmayl be éxecuted byany partyl hereto and delivered to. the other party. () by internet electronic signature or consent authorization or (i) by facsimile transmission. Each party herêto represents andy warrantst tot the other that eitbherthieolectronisally: authorized internet signature or consent or facsimile signature is the true and authentic signature of that party. For purposes of executing and enforcing this Agreement, a document signed and transmitted by internet signature or consent or facsimile machine shall be deemed an original document, and the signature ofa any party thereon shall be deemed an original signature. The transmitted document shall be considered tol have the same binding effect as an original signature on an original document. At thei request of any party, any internet or facsimile documents shalll be re-executedi in original form by thej parties who executed thei internet or facsimile document. Noj party may raise the use of signature or consent byi internet or facsimile machine or the fact that anys signature or consent was transmitted through the use of the internet or a façsimile  enforceability oft the remaining provisions.  Section shall survive the Çlosing or any termination oft this Agreement,  the Closing or any termination ofthis Agreement.  machine as a defense to the enforcement of this Agreement.  27. Récitals. The Recitals hereto are fullyincorporated into the Agreement.  [Signatures appear on following page]  9  245937.5  Initials: Purchaser:  2 Seller BAR  78    .  BK3878P6890  EXIBITA Legal Description  BEING a certain tract or parcel ofland lying and being in Gaston County, North Carolina, the BEGINNING at an existing 5/8" rebar located on the western right-of-way of Oalcland Street, (being 66.0 feet in width), said iron being the southeastern corner oft the Town of] Dallas, (D.B. 2756, Pg. 568) as recorded. in the Gaston County Register ofDeeds, said iron also being located South 51°45'17" East, à distance of1118.10: feet from N.C.G.S. Station "Hoffman" having N.C. Grid. Coordinates of N.-175,985.768 meters and E.=411,242.917 meters; thence from said beginning and running with the western right-of-way ofOakland Street, South3 3°30'00" West, a distance of 157.99 feet to a drill hole in concrete located at the northeastern right-of-way interséçtion of Oakland Strect and Church Street; thence. along the northern right-of-way of Church Stréet; (being 60 feet in width), North 86022'42" West, a-d distance of 329,86. feet to an existing %" rebar located at the northeastern right-of-way intersection of Church Street and Maplé Street; thence) running along the eastern right-of-way ofMaple Street; (being 66,0 feet in width), North 3030'02" Bast, a distance ofs 99.97 feet to an existing 5/8" rebar at the southwestern cornér of the First Methodist Church, (D.B. 900, Pg. 654); thence running along their southern line, South 86°21'36" East, 4 distance of 131.95 feet to an existing 5/8" solid iron at the southwéstern corner ofthe Town ofDallas property (D.B. 2756, Pg, 568); thence along three of their linés, (A) South 86021'36" Bast, a distance of64.98 feet to an existing 5/8" rebar, (B)North 3°33'24" Bast, a distance of 57,98 feet to an existing 5/8" rebàr, (C) South 86025'22" East, a distance of132,87 feet toi the point BEGINNING, containing 0.9337 acres, bei it more or less, as shown on a survey prepared by Tanner and McConnaughey, P.A. dated September 18, 2002, and TOGETHER WITH all rights in, and subject to the obligations of that certain non-exclusive access easement as set outi inl Book: 3595, Page 142, Gaston County Registry.  Town ofDallas and being more partioularly described as follows:  last revised October 22,2002;  BTCM/1943172  79    The parties hereto have caused this Agréement to be exécuted as of the day and year first above  written.  SILLER: DHS Apartments, LLC, aNorth Carolinal limited liability company By: SCOTT A. REDINGER, INC.,a North Carolina corporation, a Managing Member By: à HHledapefsoy  Scott A. Redinger, Date ofexecution: PURCHASER:  /19  ISAMANAGEMENI, INC, d/bla LUTHERAN SERVICES CAROLINAS, aNorth Carolina non-profito corpolation   By Ted  (SEAL) President  Date. of execution: 3-15-17 CONSENTED TO AND. AGREED. BY: REDINGER: SCOTT. A. REDINGER, INC., North Carolina corporation, Scott A. Date ofe execution:  By: BafHBdagHmw  7/19  10  245937.5  Initials: Purchaser:,  80    EXBOBIT A Legall Description [To be attachéd.j  11  245937,5  Initials; Purchaser: 1 sayB2  81    TOWN OF DALLAS, NORTH CAROLINA  REQUEST FOR BOARD ACTION  DESCRIPTION: Gaston County Toy Run for Kids  AGENDA ITEM NO. 8B BACKGROUND INFORMATION:  MEETING DATE: 10/8/2019  Gary Buckner, on behalf oft the Gaston County Toy Run for Kids Organization, is requesting to hold the annual Holiday charity motorcycle ride to provide toys for Christmas to underprivileged children in Gaston County. This year's event will bel held on Saturday, December 7th beginning at1 11:45 p.m. and ending at approximately 12:45 p.m. The estimated attendance is 800 to 1400 motorcycles and trucks. The: ride will enter into Town on East Main St. and travel to the Ingles grocery store parking lot where they will hand out toys. The group will then leave the parking lot, turn left on West Trade St., travel. to the Dallas Bessemer City Highway, proceed and out of The group is requesting that 4 trash cans and 2j porta-jons be placed at the west end of the Ingles  Town.  parking lot on the grass, along with 4 portable barricades.  MANAGER RECOMMENDATION: Approve the Gaston County Toy Run for Kids for  Saturday, December 7th, as requested. BOARD ACTION' TAKEN:  82    Town of Dallas 210 North Holland Street Dallas, NC 28034-1625 (704)922-3176 Fax: (704)922-4701  Special Events! Activities  DALLAS The Crosroads ofGason County  Application  The purpose of this application is to provide information about youre event or activity in order for the Town of Dallas to best assist you. Depending on the. specific event, ap permit application and/ori fee(s)f from other departments may ber required. The applicant is responsible forp providing complete and accurate information on the application, The applicant is responsible for notifying the Town of Dallas of any changes. A complete applicâtion must be: submitted by nol later than 5:00 p.m. ont the Tuesday preceding the date oft the Board meeting at which thee event is to be approved, for an event which ist to occur no sooner than  14 days following its date of approval.  APPLICATION INFORMATION  Name of Event: Applicant Name: Organization: Mailing Address: City/ State /Zip: Daytime Phone: Description of the Event: Ingles and pass out toys to area kids  Gaston County" Toy Run for Kids  Facility Requested: Main Street and Ingles Parking lot  Gary Buckner  Gaston County Toy Runi for Kids  704-913-7181  Cell:same  EMarbucne2sBonales  Firststop of 5 stops in Gaston County Motorcycle toy run will stop at  Does the event have al Facebook, Twitter, or other social networking page:  Yes  Ify yes, please list URL(s): Date (s) Requested for Event: Deçember 7th 2019 Event Start Time: 11:45 AM Road Closure Time Begins (if applicable): na Set Up Begins: Preferred Date & Time of Inspection (if required): Estimated Attendance: The Event is: no vendors  Event End Time:12:45A AM Road Closure Time Ends:na Set Up Ends:  na.  800 to 1400 motorcycles Private (by invitation only)  or  Open to Gerieral Public  Describe the procedures to be used for selecting vendors and exhibitors for this event:  Applicant's Signature: attend the meeting.  Date:  Ap pre-event meeting may be required and will be scheduled to include appropriate staff. The event applicant must  1  83    TOWN OF DALLAS, NORTH CAROLINA  REQUEST FOR BOARD ACTION  DESCRIPTION: Town Signage Proposal AGENDA ITEMNO.8C BACKGROUND INFORMATION:  MEETING DATE: 10/8/2019  Earlier this spring, a sub-committee oft the Board of Aldermen was formed to coordinate with Visual Inception on proposed signage tol bej placed on Highway 321 to designate the Town limits. Attached is a proposed drawing, as well as a quote, for the signage. Although the rendering is in black and grey, there are color options available. Mr. Trudnak should have some ofthese color options available for review at the time oft the Work Session, as they were not ready in time for This item was discussed at the September 24th Work Session and several color options were reviewed. The Board asked for color samples in the gold and yellow family in order to reflect our local high school. The Board also asked the Sign Committee to review the samples and Upon review by the Sign Committee, ai recommendation for option #3 is being presented, along  the agenda packet.  bring back ai recommendation to the Board at the October gth meeting. with al budget amendment for purchase and installation oft the signs.  MANAGER RECOMMENDATION: Approve the purchase oftwo (2) signs tol be placed on Hwy. 321 designating thel boundaries ofDallas and the accompanying budget amendment.  BOARD ACTION TAKEN:  84    ESTIMATE  MVSVAL  IncEpbian 261 TREYTRAIL,INCOINICOLNTONNC28092 980.333.1047 ASHLEEOVISVAL-INEPION.COM  Ciy of Dallas Bill Trudnak 700 E. Ferguson: Street Dallas, NC 28034 SIGNAGE  Date 3/21/19 Qty Rate 2 9,298.00  Estimate; # 1308 Total 18,596.00T  Item  Description  CITY OF DALLAS HWY 321 MONUMENT SIGN: 12hX 4wr metalf frame, powdercoated black with chared stained hardwood panels + custom routed 1.5" HDU painted letters, Sign boltedt to a6 6'X4'X4  concrete rebars slab  SHIPPING & HANDLING NSTALLATONHLOCATON  2 300.00 2 1,600.00  600.00 3,200.00T  **Please see attached blue print for sign specifications Wer need 60% deposit to start sign  production  NOTE: PERMITS NOT INCLUDED  Subtotal Sales Tax (7.0%) Total  $22,396.00 $1,525.72 $23,921.72  85    SVTTC  SVTTC  SVTTG  STTC  86    Town of Dallas Budget Amendment  Date:  September 10, 2019  Action: Economic Development  Purpose: To Appropriate Funds for Town Signage  Number:  ED-001  Line  Original Amount $0 $0  Amended Amount $22,396 $22,396  Fund 33 33  Dept 3999 8500  Item Item Description 0000 Fund Balance Appropriated 7500 Cap. Outlay: Construction  Difference $22,396 $22,396  Approval Signature (Town Manager)  87    TOWN OF DALLAS, NORTH CAROLINA  REQUEST FORI BOARD. ACTION  DESCRIPTION: Power Usage by Vendors at Town Events  AGENDA ITEM: NO.8D BACKGROUND INFORMATION: power at Town events.  MEETING DATE: 10/8/2019  Anne Martin has submitted ai request for the Board to consider allowing vendors to utilize Town Historically, the Town has not allowed vendors to plug into Town power due to concerns about the effects ofunknown devices being attached to the Town's power infrastructure. In discussions with Doug Huffman, Electric Director, attached are recommendations iftherei is  interest in allowing power attachments for vendors at Town events.  MANAGER RECOMMENDATION: Ifpower usage by vendors is approved, adopt the  recommendations: presented. BOARD ACTION TAKEN:  88'    Maria Stroupe From: Sent: To: Subject:  Anne Martin <anne33@me.com> Friday, September 27, 2019: 10:26 AM mstroupe@dalasncnet Halloween  Iwould like to put Halloween on the Square using power to decorate. Icall. Jerry and he said just to call u. lwould be happy to pay for power. Ifeel like the business around town are asked to support the Town by giving out Hundreds of  dollars free. Town could provide power. Thanks Anne  Sent from myi iPhone  This email has been checked for viruses by AVG.  ittps/www.avg.com  1  89    Recommendations for Allowing Power Usage by Vendors at Town Events 1. The Town of Dallas will not be responsible for any damages to vendor equipment while attached to 2. All connections and load calculations must be submitted no later than 14 days prior to the event for approval by the Electric Department, who will have the final decision regarding safety and avoiding overloading of circuits at any time leading up to and including the time of the event. 3. Additional items will be subject to Town approval or rejection separately from initial application. 5. Ally vendors will sign a waiver acknowledging responsibility for any damages to the Town of Dallas 6. Af fee of $15.00 per hour is required to be paid by the last business day prior to requested event.  the Town's electric grid.  4. Requests will be reviewed on ai first-come, first-serve basis.  electric grid.  Possible Locations for Power Usage at Town Events  1. NOTOWN DECORATIVE LAMPPOLES AND THEIR RECEPTACLES ARE TO BE UTILIZED -- NO 2. Three areas could be upfit to allow vendor attachments, with a small amount of work: a. On the east side of N. Holland St. along the Court Square across from The Pickle north to Penley b. On the north side of W. Main! St. along the Court Square across from The Gaston County Ont the east side of the 100 block ofs. Oakland St. from the Fire Department south toi the  EXCEPTIONS.  and Associates.  Museum east to thei intersection with N. Gaston St.  intersection with W. Church St.  90