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HomeMy WebLinkAboutAgenda 11-12-2024mlDlJNN • NORTH CAROLINA 1Uhere communi{_J he_!}ins! Call to Order-Mayor William P. Elmore, Jr. Invocation -Reverend Roy Johnson Pledge of Allegiance AGENDA Dunn City Council Regular Meeting Tuesday,November12,2024 6:30 p.m., Dunn Municipal Building 1)Adjustment and Approval of the November 12, 2024 meeting agenda PRESENTATIONS 2)FY24 Financial Audit Presentation PUBLIC COMMENT PERIOD 3)Each Speaker should limit comments to 3 minutes and must sign up on sheet available on the podiumwithin the Council Chambers prior to the start of the meeting. Total comment period limited to 30 minutes. CONSENT ITEMS 4)Minutes - 09-24-2024-Regular Meeting 5)Budget Amendment to Close FY24 Vehicle and Equipment Capital Projects ITEMS FOR DISCUSSION AND/OR DECISION 6)Budget Amendment-Fairground Road -Utility Extension 7)NC Youth Sports Grant Acceptance/Budget Amendment8)Consideration of Offer to Purchase 19.68 Acres of City Property 9)Consideration of Inspections Contract Amendment 10)Consideration of BRIC Grant Agreement11)Consideration of Acceptance of a Small Rural Tribal Micro-Grant for Body-Worn Cameras12)Consideration of Tentative Bid Award for Effluent Line -Pump Station Bids 13)Administrative Reportsa)City Manager's Report/Update on Council Goalsb)Financial Report/Assessment Updatec)Department ReportsPublic Information Public Works/Public Utilities Parks & Recreation/Police Planning & Inspections 14)Announcements15)Information16)Closed Session -If called, the General Statute(s) allowing the Closed Session will be cited inthe motionADJOURNMENT "This institution is an equal opportunity provider and employer" Adjustment and Approval Of the November 12, 2024 Meeting Agenda Recommendation: Motion to adopt the November 12, 2024, meeting agenda as presented. Or Motion to adopt the November 12, 2024, meeting agenda as presented with the following changes: Additions: (Assign Number on the Agenda such as 28A) Removal of the following items(s): Move Item of Business from one section to another section (such as moving item from Consent Items to Items for Discussion and/or Decision). =DUNN • NORTH CAROLINA City Council Agenda Item Meeting Date: November 12, 2024 SUBJECT TITLE City of Dunn Financial Audit -Fiscal Year 2024 PRESENTER/DEPARTMENT Cary McNallan/Finance Department ATTACHMENT(S) Three letters as noted below PUBLIC HEARING PUBLISH DATES N/A PURPOSE: The firm of Thompson Price Scott Adams & Company (TPSA) will present the FY 2023-24 audit. The Audit Manager, Austin Eubanks, will provide the presentation . BACKGROUND: This is the second year of a three-year commitment with the firm Thompson Price Scott Adams & Company. The company is based in Wilmington, NC. Attached for your review are the following: • FY24 Audit Transmittal Letter • Independent Aud itor's Report letter • Management's Discussion and Analysis The entire 2024 Annual Comprehensive Financial Report (ACFR) can be found on the City's website under the Finance Department -Reports at www.cityofdunn.org/finance. Should you have any questions please contact the Finance Director, Cary McNallan . BUDGET IMPACT: There is no budget impact. RECOMMENDED MOTION/ACTION REQUESTED OF COUNCIL Motion to accept the FY24 Audit Report as presented . miDUNN • NORTH CAROLINA 401 E Broad St . PO Box 1065 • Dunn, North Carolina 28335 (910) 230-3500 • CityofDunn.org October 25, 2024 Mayor William P. Elmore Jr. Mayor Pro T em J. Wesley Sills Council Members April L. Gaulden Raquel McNeil Billy Tart Alan Hargis Dr. David L Bradham City Manager Steven Neuschafer To the Honorable Mayor, Members of the City Council, and Citizens of the City of Dunn: The Annual Comprehensive Financial Report (ACFR) of the City of Dunn for the fiscal year ending June 30, 2024, has been submitted by the City's Finance Department. It is the comprehensive publication of the City s financial position on June 30, 2024 and the results of operations for the fiscal year. The financial statements must be presented in conformity with generally accepted accounting principles (GAAP) and audited in accordance with generally accepted auditing standards by a firm of licensed certified public accountants. This report is published to fulfill that requirement for the fiscal year ending June 30, 2024, and to provide complete and further accountability to citizens and other interested parties by providing a comprehensive report in lieu of the minimum basic financial statement requirements. Responsibility for both the accuracy of the presented data and the completeness and the fairness of the presentation, including all disclosures, rests with the City s management. We believe the enclosed data and presentation are accurate in a11 material respects and are reported in a manner that fairly represents the financial position and the results of operations of the City's funds over the last fiscal year. The City's financial statements have been audited by Thompson, Price, Scott, Adams & Company, P.A., a firm of licensed certified public accountants based in Wilmington, NC. The independent auditor concluded that the City s financial statements, for the fiscal year ended June 30, 2024 are fairly presented in accordance with accounting principles generally accepted in the United States of America. The independent auditor s report is presented as the first component of the financial section of this report. GAAP requires that management provide a narrative introduction, overview, and analysis to accompany the basic financial statements in the form of Management's Discussion and Analysis (MD&A). This letter of transmittal is designed to complement MD&A and should be read in conjunction with it. The City of Dunn's MD&A can be found immediately following the report of the independent auditors. Where communifJ 6e.3ins! Financial highlights The City's general fund posted a net change in fund balance of $1,938,416 while the total governmental funds, which include the general fund , special revenue funds and governmental capital projects, posted a net change in fund balance of $943 ,142. A portion of the general fund's change in fund balance was due to a one-time transaction involving the sale of USDA funded equipment to enterprise funds causing revenues to be reported of $656 107. This amount was offset by a corresponding expenditure reported in the other Governmental Funds. The timing of capital project grant revenues and expenditures between fiscal years can have a significant impact on the governmental funds net change in fund balance each year. As of 6/30/24 the general fund 's combined assigned and unassigned fund balance totaled $4,591,328 which represented 36.3% of the total FY24 general fund expenditures of$12,665,273. The same figures as of 6/30/2 3 were $4,403,763, 34.0%, and $12,967,028, respectively. For FY24, the Water and Sewer Operating Fund posted a net change in fund balance of ($43,870). When combined with the water and sewer capital projects, the overall net change in fund balance is reported at $8 529,389. This increase is primarily due to the grant-funded water and sewer capital projects. The total Water and Sewer Fund unrestricted net position totaled $6,718,358 as of June 30, 2024, compared to $3,894 561 at the end of June 30, 2023. For FY24, the Stormwater Operating Fund posted a net change in fund balance of $113,045 . When combined with the stonnwater capital projects, the overall net change in fund balance is reported at $540,475. This increase is primarily due to the grant-funded stormwater capital projects and a transfer from the General Fund. The total Stormwater Fund unrestricted net position totaled ($73,378) as of June 30, 2024, compared to ($38,295) at the end of June 30, 2023. The City of Dunn is financially accountable for a legally separate ABC Board, which is reported separately as a discrete component unit within the City of Dunn's financial statements. Additional information on this legally separate entity can be found in Note 1 in the notes to the financial statements. Economic Condition and Outlook The City of Dunn's favorable economic environment and local indicators point to continued stability. Major industries with headquarters or divisions located within the City's boundaries or in proximity include warehouse distribution facility, petroleum product distribution, truck body manufacturers, regional health care facility, and several financial institutions. Tourism continues to have a major impact on the local economy. Dunn is located on the I-95 north/south corridor and the North Carolina Department of Transportation is undergoing a major widening project to improve this roadway throughout North Carolina. In the immediate area there are 12 hotels which offer over 700 rooms. In fiscal year 2024, hotel/motel tax revenues were $626,717 in the Dunn area. The sales tax revenue for the city continues to remain strong and the overall unemployment rate has remained lower than national and state averages. Long-term Financial Planning The City has continued to increase General Fund reserves over the last several years, which has been aided by strong sales tax revenues and decreased operating expenses. The City reduced its long-term debt in FY24 by $729,114 and reported a% of Fund Balance to total debt ratio of74.3%, compared to 90.2% for FY23. The City s Water and Sewer Fund continues its goal of completing capital projects required by the State s special order by consent (SOC) for improvements of the city s sewer system. Many of these projects have state and federal grant funding to help defray some of the construction costs and the remainder of the costs are financed with long-term debt instruments. The City continues to monitor the increasing requirement for debt service payments and the need for future increases in utility rates. The Water and Sewer Fund total long-term debt increased in FY24 by $2.SM and reported a % of unrestricted net position to total debt ratio of 197. 7%, compared to 274.5% for FY23. Any future projects would be funded through either grant applications or low interest borrowing. The tax base of the city is slowly growing but may not be enough to cover increasing governmental operating costs. Further analysis of this will be made during the upcoming budget process. Financial Information Budget Control: The annual budget serves as the foundation for the City of Dunn's financial planning and control. All departments of the City of Dunn are required to submit requests for appropriation to the City Manager on or before March 15th each year. The City Manager and the Finance Director use these requests as the starting point for developing a proposed budget. The City Manager then presents this proposed budget to the council for review prior to June 1st. The council is required to hold a public hearing on the proposed budget and to adopt a final budget no later than June 30th, which is the end of the City of Dunn's fiscal year. The budget is prepared by funds , function (e.g., public safety), and department, (e.g., police). Internal Control: To provide a reasonable basis for making these representations, management of the City of Dunn has established a comprehensive internal control framework that is designed both to protect the government's assets from loss, theft, or misuse and to compile sufficient reliable information for the preparation of the City of Dunn s financial statements in conformity with GAAP. Because the cost ofinternal controls should not outweigh their benefits, the City of Dunn s comprehensive framework of internal controls has been designed to provide reasonable rather than absolute assmance that the financial statements will be free from material misstatement. As management, we assert that, to the best of our knowledge and belief, this financial report is complete and reliable in all material respects. Other Information: Independent Audit: The General Statutes of North Carolina require an annual independent financial audit of all local government units in the State. The City of Dunn's financial statements have been audited by Thompson Price Scott, Adams & Company, P.A., which is a firm of licensed certified public accountants. The finn has examined the financial records of the City and their opinion has been included in this report. Their examination was conducted in accordance with generally accepted auditing standards and, accordingly, included tests of the accounting records and other auditing procedures, as they considered necessary in certain circumstances. The auditor's report on the basic financial statements, both the combining and individual fund statements and schedules, is included in the financial section of this report. As a recipient of federal and state assistance programs, the City is responsible for ensuring that adequate internal controls are in place to ensure compliance with applicable laws and regulations related to those programs. This internal control structure is subject to periodic evaluation by management. For the federal government actual expenses determine the need for a Single Audit. For the fiscal year ending June 30 , 2024, two single audits were required. As part of the City's single audit, tests are made to determine the adequacy of the internal control structure, including a portion related to federal and state financial assistance programs as well as to determine the City has complied with applicable laws and regulations. Acknowledgements: The preparation of this report would not have been possible without the efficient and dedicated services of the entire staff of the finance department. The preparation of this report was also made possible with the assistance of Thompson, Price, Scott, Adan1s & Company, P.A. We would like to express our appreciation to all City departments who assisted and contributed to the preparation of this report. Credit also must be given to the mayor and the governing council for their continued support for maintaining the highest standards of professionalism in the management of the City of Dunn's finances. Steven Neuschafer City Manager allan irector Thompson, Price, Scott, Adams & Co., P.A. 4024 Oleander Drive Suite 103 Wilmington, North Carolina 28403 Telephone (910) 791-4872 Fax (910) 239-8294 Independent Auditor's Report To the Honorable Mayor and Members of the City Council Dunn, North Carolina Report on the Audit of Financial Statements Opinions We have audited the accompanying financial statements of the governmental activities, the business-type activities, the discretely presented component unit, each major fund, and the aggregate remaining fund information of the City of Dunn, No11h Carolina as of and for the year ended June 30, 2024, and the related notes to the financial statements, which collectively comprise City of Dunn's basic financial statements as listed in the table of contents. In our opinion, based upon our audit and the report of the auditors, the accompanying financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, the discretely presented component unit, each major fund, and the aggregate remaining fund information of the City of Dunn as of June 30, 2024, and the respective changes in financial position, and cash flows thereof and the respective budgetary comparison for the General Fund, for the year then ended in accordance with accounting principles generally accepted in the United States of America. We did not audit the financial statements of the City of Dunn's ABC Board, which represent 100 percent, 100 percent, and 100 percent of the assets, net position, and revenues, respectively, of the discretely presented component unit as of June 30, 2024, and the respective changes in financial position, and where applicable, cash flows thereof for the year then ended. Those statements were audited by other auditors whose report thereon has been furnished to us, and our opinion, insofar as it relates to the amounts included for the City of Dunn's ABC board, is based solely on the report of the other auditors. Basis for Opinions We conducted our audit in accordance with auditing standards generally accepted in the United States of America (GAAS) and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are fwiher described in the Auditor's Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the City of Dunn and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to ow· audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Members American Institute of CPAs -N.C. Association of CPAs -A/CPA Division of Firms -1- Responsibilities of Management for the Audit of the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raises substantial doubt about the City of Dunn's ability to continue as a going concern for the twelve months beyond the financial statement date, including any currently known information that may raise substantial doubt shortly thereafter. Auditor's Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free of material misstatement, whether due to fraud or error, and to issue an auditor's report that includes our opinions. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Governmental Auditing Standards will always detect material statement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements. In performing an audit in accordance with GAAS and Governmental Auditing Standards we • exercised professional judgement and maintained professional skepticism throughout the audit. • identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsible to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. • obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City of Dunn's internal control. Accordingly, no such opinion is expressed. • evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements. • conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the City of Dunn's ability to continue as a going concern for a reasonable period of time. We are required to communicate with those charged with governance regarding among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control-related matters that we identified during the audit. -2- Required Supplementary Information Accounting principles generally accepted in the United States of America require that the Management's Discussion and Analysis, and the Other Post Employment Benefit and Law Enforcement Officers' Special Separation Allowance Schedules of Funding Progress and Employer Contributions, and the Local Government Employees' Retirement System Schedules of the Proportionate Share ofNet Pension Asset (Liability) and Contributions, be presented to supplement the basic financial statements. Such information is the responsibility of management, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential pait of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We and the other auditors have applied ce1tain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consist of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Supplementary Information Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City of Dunn's basic financial statements. The combining and individual fund financial statements, budgetruy schedules, other schedules, as well as the accompanying scheduJe of expenditures of federal and state awards as required by Title 2 US. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and the State Single Audit lmplementation Act are presented for purposes of additional analysis and are not a required pait of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting ai1d other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, based on our audit, the procedures described above, and the repo1i of other auditors the combining and individual fund financial statements, budgeta1y schedules, other schedules and the schedule of expenditures of federal and state awards are fairly stated, in all material respects, in relation to the basic financial statements as a whole. -3- Other Information Management is responsible for the other information included in the annual report. The other information comprises the introductory information and the statistical sections but does not include the basic financial statements and our auditor's report thereon. Our opinions on the basic financial statements do not cover the other information, and we do not express an opinion or any form of assurance thereon. In connection with our audit of the basic financial statements, our responsibility is to read the other information and consider whether a material inconsistency exists between the other information and the basic financial statements, or the other information otherwise appears to be materially misstated. If, based on the work performed, we conclude that an uncorrected material misstatement of the other information exists; we are required to describe it in our repott. Other Reporting Required by Government Auditing Standards ln accordance with Government Auditing Standards, we have also issued our report October 14, 2024, on our consideration of the City of Dunn's internal control over financial repotting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of City of Dunn's internal control over financial reporting or on compliance. That report is an integral pa1t of an audit perfo1med in accordance with Government Auditing Standards in considering City of Dunn's internal control over financial reporting and compliance. 7~~--Puu. Stat. r!Mffl4 & & .. N Wilmington, North Carolina October 14, 2024 -4- Management's Discussion and Analysis As management of the City of Dunn (the "City"), we offer readers of the City of Dunn's financial statements this narrative overview and analysis of the financial activities of the City of Dunn for the fiscal year ended June 30, 2024. We encourage n:aders to read the infonnation presented here in conjunction with additional information that we have furnished in the City's financial statements, which follow this narrative. Financial Highlights • The assets and deferred outflows of resources of the City of Dunn exceeded its liabilities and deferred inflows of resources at the close of the fiscal year by $54,045,457 (net position). • Tbe government's total net position increased from tbe prior year by $11,189,874. • As of the close of the current fiscal year, the City of Dunn governmental funds reponed combined ending fund balances of$9,897,539 with a net increase of $943,142 in fund balance. Approximately 33% of fund balance, or $3,248,490 is unassigned. • At the end of the current fiscal year, unassigned fund balance for the General Fund was $4,345,895, or 34% of total general fund expenditures for the fiscal year. The combined unassigned and assigned fund balance for the General Fund was $4,591 ,328 or 36% of total General Fund expenditw·es for the fiscal year. • The City's total long-term debt increased by $1,820,869 during the current fiscal year. Overview of the Financial Statements This discussion and analysis are intended to serve as an introduction to the City of Dunn, North Carolina's basic financial statements. The City's basic financial statements consist of three components; I) government-wide financial statements, 2) fund financial statements, and 3) notes to the financial statements (see Figure I). The basic financial statements present two different views of the City through the use of govenunent- wide stat.:ments and fund financial statements. In addition to the basic financial statements, this report contains other supplemental information that will enhance the reader's understanding of the financial condition of the City of Dunn, North Carolina. I Management's Required Components of Annual Financial Report Figure l I Basic Discussion and Analysis Financial Statements I I I I Governm ent-wide Fund Financial Statements Financial Statements Summary Detail Basic Financial Statements Notes to the Financial Statements TI1e first two statements (Exhibits I and 2) in the basic financial stat.:ments are the Government-wide Financial Statements. They provide both short and long-term information about the City's financial status. The next statements (Exhibits 3 through 8) are Fund Financial Statements. These statements focus on the activities of the individual parts of the City's government. These statements provide more detail than the government-wide statements. There are three parts to the Fund Financial Statements: I) the governmental funds statements; 2) the budgetary comparison statements; and 3) the proprietary fund statements. -5- The next section of the basic financial statements is the notes. The notes to the financial statements explain in detail some of the data contained in those statements. After the notes, supplemental information is provided to show additional details about the City's individual funds. Budgetary infonnation required by the North Carolina General Statutes can also be found in this part of the statements. Government-Wide Financial Statements The government-wide financial statements are designed to provide the reader with a broad overview of the City's finances, similar in forniat to a financial statement of a private-sector business. The government-wide statements provide shon and long-term infonnation about the City's financial status as a whole. The two government-wide statements report the City's uet position and how it has changed. Net position is the difference between the City's total assets and deferred outflows of resources and total liabilities and deferred inflows of resources. Measming net position is one way to gauge the City's financial condition. The government-wide statements are divided into two categories: I) governmental activities; and 2) business-type activities. The governmental activities include most of the City's basic services such as public safety, parks and recreation, and general administration. Property ta,xes and state and federal grant funds fmance most of these activities. The business-type activities are those that the City charges customers to provide. These include the water, sewer, and stonnwater services ofTered by the City of Dunn. The government-wide financial statements are on Exhibits I and 2 of this report. Fund Financial Statements The fund financial statements (see Figure I) provide a more detailed look at the City's most significant activities. A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The City of Dunn, like all other governmental entities in North Carolin a, uses fund accounting to ensure and reflect compliance (or non-compliance) with finance-related legal requirements, such as the General Statutes or the City's budget ordinance. All of the funds of the City can be divided into two categories: governmental fimds and proprietary funds Governmental Funds Governmental funds are used to account for those functions reported as governmental activities in the government-wide financial statements. All of the City's basic services are accounted for in governmental funds. These funds focus on how assets can readily be converted into cash flow in and out, and what monies are left at year-end that will be available for spending in the nex't year. Governn1ental funds are reported using an accounting method called modified accrual accounting that provides a short-tenn spending focus. As a result, the governmental fund financial statements give the reader a detailed short-term view that helps him or her determine if there are more or less financial resources available to finance the City's programs. The relationship between government activities (reported in the Statement of Net Position and the Statement of Activities) and governmental funds is described in a reconciliation that is a part of the fund financial statements. The City of Dunn adopts an annual budget for its General Fund, as required by the General Statutes. The budget is a legally adopted document that incorporates input from the citizens of the City, the management of the City, and the decisions of the City Council about which services to provide and how to pay for them. It also authorizes the City to obtain funds from identified somces to finance these current period activities. The budgetary statement provided for the General Fund demonstrates how well the City complied with the budget ordinance and whether the City succeeded in providing the services as planned when the budget was adopted. The budgetary comparison statement uses the budgetary basis of accowiting and is presented using the same fonnat. language, and classifications as the legal budget document. The statement shows four colunms: I) the original budget as adopted by the Board; 2) the final budget as amended by the Board; 3) the actual resources, charges to appropriations, and ending balances in the General Fund; and 4) the difference or variance between the final budget and the actual resources and charges. Proprietary Fund City of Dunn has one kind of proprietary fund, an Enterprise Fund. The Enterprise Fund is used to report the same functions presented as business-type activiti.es in the government-wide financial statements. The City of Dunn uses an enterprise fund to account for its water, sewer, and stormwater activity. This fund is the same as those functions shown in the business-type activities in the Statement of Net Position and the Statement of Activities. -6- Notes to the Financial Statements -The notes provide additional information that is essential to a full understanding of the data provided in the government-wide and fund financial statements. The notes to the financial statements immediately follow Exhibit 8 of the audit report. Other Information -In addition to the basic financial statements and accompanying notes, this report includes certain required supplementary information concerning the City's progress in funding its obligation to provide pension benefits to its employees. Required supplementary infom1ation can be found immediately following the notes. Jnte1·dependence with other Entities -The City depends on financial resources flowing from, or associated with. both the Federal Government and the State of North Carolina. Because of this dependency, the City is subject to changes in specific flows of intergovernmental revenues based on modifications to Federal and Sate laws and Federal and State appropriations. Government-Wide Financial Analysis City of Dunn, North Carolina's Net Position Figure 2 Governmental Business-Type Activities Activities Total 2024 2023 2024 2023 2024 2023 Assets: Current and other assets $ 14,131,384 $ 14,559,786 $ I 0,394, 779 $ 7,699,767 $24,526,163 $ 22,259,553 Capital assets 18,020,174 17,248,308 46,159,339 37,328,209 64,179,513 54,576,517 Dderred outflows of resources 3,085,799 2,962,136 1,017,106 1,059,393 4,102,905 4,02 1,529 Total assets 35,237,357 34,770,230 57,571,224 46,087,369 92,808,581 80,857,599 Liabilities: Long-tenn liabilities outstanding 15,815,864 15,859,445 14,737,932 10,840,677 30,553,796 26,700,122 Other I iabilities 2,203,571 2,532,244 2,150,714 3,549,685 4,354,285 6,08 1,929 Deferred inflows of resources 2,840,129 3,133,906 1,014,9 14 1,099,207 3,855,043 4,233,113 Total liabilities 20,859,564 21 ,525,595 17,903,560 15,489,569 38,763,124 37,015,164 Net position: Net investment in capital assets 10,668,265 9,167,285 33,022,684 26,741,534 43,690,949 35,908,819 Restricted 7,947,51 I 5,996,612 7,947,51 1 5,996,612 Unrestricted {4,237,9832 {2,906,11 4) 6,644,980 3,856,266 2,406,997 950,152 Total net position $ 14,377,793 $ 12,257,783 $39,667,664 $ 30,597,800 $54,045,457 $ 42,855,583 As noted earlier, net position may serve over time as one useful indicator of a government's financial condition. The assets and deferred outflows of the City of Dunn exceeded liabilities and deferred inflows by $54,045,457 as of June 30, 2024. The City's net position for governmental activities and business-type activities were $14,377,793 and $39,667,664, respectively. The City's net position increased by $11 ,189,874 for the fiscal year ended June 30, 2024. The largest portion of net position $43,690,949, reflects the City's net investment in capital assets (e.g. land, buildings, machinery, and equipment); less any related debt still outstanding that was issued to acquire those items. The City uses these capital assets to provide services to citizens; consequently, these assets are not available for future spending. Although the City's net investment in its capital assets is reported net of the outstanding related debt, the resources needed to repay that debt must be provided by other sources, since tl1e capital assets cannot be used to liquidate tliese liabilities. An additional portion of the City's uet position of $7,947,511 represents resources that are subject to external restrictions on how they may be used. A balance of$2,4,06997 is unrestricted. Several particular aspects of the City's financial operations positively influenced the total governmental net position, notably, the continued diligence in the collection of property taxes by accomplishing a tax collection percentage over 99% aud tl1e continued growth in the tax base. -7- Revenues: Program revenues: Charges for services Operating grants and contributions Capital grants and contributions General revenues: Property taxes Other taxes Grants and contributions not restricted to speci fie programs Investment earnings Other Total re,•enues Expenses: General government Public safety Highways/streets Environmental protection Cultural and recreational Library Interest on long-tern, debt Water and sewer Other Total expenses Increase in net position, before transfers Transfers Increase in net position, after transfers Net position, beginning, previously reported Prior period adjustment Net position, beginning, restated Net position, ending City of Dunn Changes in 'et Position Figure 3 Governmental Activities Business-Type Activities Total 2024 2023 2024 2023 2024 2023 $ 2, I 03, 160 $ 1,882,306 $ 8,462,345 $ 333,155 606,138 357,258 513, I 09 309,762 8,048,632 5,795,813 4,878,929 787,156 325,865 913,115 15,650,302 3,473,268 4,374,530 2,244,777 826,783 1,808,482 474,492 209,160 13,411,492 2,238,810 (1 18,800) 2,120,010 12,257,783 12,257,783 $ 14,377,793 $ 5,702,779 4,993,946 3,767,355 229,540 87,319 17,579,145 3,089,982 5,201,088 1,748,470 915,263 1,608,820 260,809 23 1,7 18 13,056,150 4,522,995 (2,137,716) 2,385,279 9,595,055 277,449 9,872,504 12,257,783 99,339 316,769 17,284,343 8,046,449 286,830 8,333,279 8,95 1,064 118,800 9,069,864 30,597,800 30,597,800 $39,667,664 $ 7,535,217 $10,565,505 $ 9,417,523 450,000 690,413 1,056, 138 3,219,330 8,561 ,741 3,529,092 55,591 136,704 11,396,842 7,082,434 645,274 7,727,708 3,669,134 2,137,716 5,806,850 24,159,333 631,617 24,790,950 30,597,800 5,795,813 4,878,929 787,156 425,204 1,229,884 32,934,645 3,473,268 4,374,530 2,244,777 826,783 1,808,482 474,492 209,160 8,046,449 286,830 21 ,744,771 11,189,874 11 ,189,874 42,855,583 5,702,779 4,993,946 3,767,355 285,131 224,023 28,975,987 3,089,982 5,201 ,088 1,748,470 915,263 1,608,820 260,809 231 ,718 7,082,434 645,274 20,783,858 8,192,129 8,192,129 33,754,388 909,066 42,855,583 34,663,454 $54,045,457 $ 42,855,583 Governmental activities-Governmental activities increased the City's net position by $2,120,010, thereby accounting for 19% of the total increase in the net position of the City. Positive elements affecting net position were an increase in intergovernmental revenue and a strong property tax collection rate over 99%. Business-type activities-Business-type activities of the City reported $39,667,664 in net position, an increase of $9,069,864 before prior year adjustment. Positively impacting net position was a $8,048,632 of revenue from capital grants. -8- Financial Analysis of the City's Funds As noted earlier, the City of Dunn uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. Governmental Funds-The focus of the City's governmental funds is to provide information on near term inflows, outflows, and balances of usable resources. Such inforn1ation is useful in assessing the City's financing requirements. Specifically, unassigned fund balance can be a useful measure ofa government's net resources available for spending at the end of the fiscal year. The General Fund is the chief operating fund of the City of Dunn. At the end of the current fiscal year, unassigned fund balance of the General Fund was $4,345,895, while the total fund balance reached $9,352,274. As a measure of the General Fund's liquidity, it may be useful to compare both unassigned fund balance and total fund balance to total fund expenditures. Unassigned fund balance represents 34% of total General Fund expenditures, while total fund balance is 74% of total General Fund expenditures At June 30, 2024, the governmental funds of the City of Dunn reported a fund balance of $9,897,539 w.ith a net increase in fund balance of $943,142. Tncluded in this change in fund balance is an increase in fund balance in the General Fund totaling $1 ,938,416. General Fund Budgetary Highl ights-During the fiscal year, the City revised the budget on several occasions. Generally, budget amendments fall into one of three categories: I) amendments made to adjust the estimates that are used to prepare the original budget ordinance once exact information is available; 2) amendments made to recognize new funding amounts from external sources, such as federal and State grants; and 3) increases in appropriations that become necessary to maintain services Revenues were more than the budgeted amounts primarily because the City did not expect to receive some oftbe unrestricted intergovernmental funds that became available. Expenditures were held in check to comply with its budgetary requirements Proprietary Fund. The City's proprietary fund provides the same type of infonnation fow1d in the government-wide statements, but in more detail. Unrestricted net position of the Proprietary Fund at the end of the fiscal year amounted to $6.644,980. Other factors concerning the finances of this fund have already been addressed in the discussion of the City's business-type activities Capital Assets and Debt Administration Capital Assets -The City's investment in capital assets for its governmental and business-type activities as of June 30, 2024, totals $64,179,513 (net of accumulated depreciation). These assets include buildings, land, machinery and equipment, park facilities, and vehicles. Major capital asset transactions during the year include the additions of land and funding of capital projects, equipment, vehicles and infrastructure. Disposals included equipment and vehicles. City of Dunn, orth Carolina's Capital Assets (Net of dep,·cciation) Figure 4 Governmental Business-type Activities Activities Total 2024 2023 2024 2023 2024 2023 Land $ 2,587,985 $ 2,560,135 $ 595,395 $ 327,790 $ 3,183,380 $ 2,863,857 Construction in progress 155,722 1,221,304 13,811,281 7,756,492 13,967,003 4,737,057 Buildi ng 3,250,423 3,376,355 173,408 187,403 3,423,83 1 3,620,615 Equipment 422,045 438,096 1,724,736 1,237,687 2,146,781 1,746,898 lmprovernents other than buildings 9,235,340 8,323,544 9,235,340 5,517,256 Plant and Distribution systems 27,734,876 25,688,576 27,734,876 26,537,895 Vehicles 1,708,9 13 1,206,915 1,003,647 I, 122,878 2,712,560 1,468,790 Other 659,746 .12 1,959 1,115,996 1,007,383 1,775,742 1,207,23 1 Total $ 18,020,174 $ 17,248,308 $46,159,339 $ 37,328,209 $64,179,513 $ 54,576,517 Additional information on the City's capital assets can be foW1d in the notes to the Basic Financial Statements. -9- Long-te,·m Debt. As of June 30, 2024, the City had total bonded debt outstanding of $135,000. Th.is amount is backed by the full faith, credit, and taxing power of the City of Dunn. Additionally, the City bad $18,818,776 outstanding for installment purchase debt and $1,534,791 outstanding on water and sewer revolving loans. Governmental Activities Business-type Activities Total 2024 2023 2024 2023 2024 2023 General obligation bonds $ -$ -$ 135,000 $ 273,000 $ 135,000 $ 273,000 Direct borrowing agreements 7,351 ,909 8,08 1,023 11 ,466,867 8,559,631 18,818,776 16,640,654 Direct placement Water and Sewer revolving loans 1,534,791 I, 754,044 1,534,791 1,754,044 Total $ 7,35 1,909 $ 8,08 1,023 $ 13, 136,658 $ 10,586,675 $20,488,567 $ 18,667,698 North Carolina general statutes limit the amount of general obligation debt that a unit of government can issue to 8 percent of the total assessed value of taxable property located within that governmenfs boundaries. The legal debt margin for the City of Dunn is $84,854,387. The City bas no bonds authorized but unissued at June 30, 2024. Additional information regarding the City's lnng-term debt can be found in the notes to the basic financial statements. Economic Factors and ext Year's Budgets and Rates The tollowing key economic indicators reflect the growth and prosperity of the City: • Housing starts, renovations, and developing subdivisions within the City are increasing. • The City's Downtown District continues to experience growth with new business openings and continued commitment from existing busim • New businesses wiU1in the City limits and expansions to existing businesses have provided new jobs opportunities. Requests for Information This report is designed to provide an overview of the City's finances fo r those with an interest in U1is area. Questions concerning any of the infonnation found in this report or requests for additional information should be directed to the Finance Director, Cary McNallau, 401 East Broad Street, Dunn, NC 28334. You can also call (9 I 0) 230-3515, visit our website www.c.ityofdunn.org or send an email to cmcnallan t dunnnc.org for more information. -10- Public Comment Period Adopted 8-4-05 CITY OF DUNN CITY COUNCIL PUBLIC COMMENT POLICY The City Council for the City of Dunn does hereby adopt a Public Comment Policy to provide at least one period for public comment per month at a regular meeting of the City Council. This policy shall remain in effect until such time that it is altered, modified, or rescinded by the City Council. All comments received by the City Counci l during the Public Comment Period shall be subject to the following procedures and rules: 1. Anyone desiring to address the City Council must sign up and register on a sign- up sheet available on the podium within the City Council chambers prior to the Mayor calling the meeting to order. The sign-up sheet shall be available thirty (30) minutes prior the beginning of the City Council meeting in the City Council Chambers. Once the Mayor has called the meeting to order, the City Clerk shall collect the sign-up sheet and deliver it to the Mayor. The speaker shall indicate on the sign-up sheet his or her name, address and matter of concern. 2. The Public Comment Period shall be for thirty (30) minutes. 3. Comments are limited to three (3) minutes per speaker. A speaker can not give their allotted minutes to another speaker to increase that person's allotted time. 4. Each speaker must be recognized by the Mayor or presiding member of the City Council as having the exclusive right to be heard. Speakers wi ll be acknowledged in the order in which their names appear on the sign up sheet. Speakers wi ll address the City Council from the podium at the front of the room and begin their remarks by stating their name and address. 5. Individuals who sign up but can not speak because of time constraints, will be carried to the next regular meeting of the City Council and placed first on the Public Comment Period. 6. During the Public Comment Period, a citizen, in lieu of or in addition to speaking may pass out written literature to the City Council, City Staff and audience. 7. Groups supporting or opposing the same position shall designate a spokesperson to address the City Council in order to avoid redundancy. 8. After the citizen has made his or her remarks, he or she will be seated with no further debate, dialogue or comment. 9. The Public Comment Peri od is not intended to requi re the City Council to answer any impromptu questi ons. Speakers will address all comments to the City Council as a whole and not one individual Council member. Discussions between speakers and members of the audi ence will not be all owed. The City Council will not take action, or respond to questions about, issues raised during the Public Comment Period at the same meeting. 10. Speakers shall refrain from discussing any of the fo ll owing: matters which concern the candidacy of any person seeking public office, including the candidacy of the person addressing the City Council ; matters which involve pending litigation; matters which have been or will be the subj ect of a public hearing; and matters involving specific personnel issues related to di sciplinary matters. If the speaker wishes to address specifi c perso nnel issues related to disciplinary matters, he or she should take their comments to th e City Manager, who shall share the comments with the City Council. 11 . Speakers shall be courteous in their language and presentation. 12. The Mayor and City Manager shall determine, on a month to month basis, where the Public Comment Period w ill appear on the monthly agenda when developing the agenda, pri or to its publication. 13. The Public Comment Period shall onl y be held during the regularl y scheduled monthly meeting of the City Council. There shall not be a Public Comment Period at any other meetings of th e City Council, unl ess specifi cally approved by the City Council. Consent Items Recommendation: Motion to approve all Consent Items as presented. mo UNN • NORTH CAROLINA City Council Agenda Item Meeting Date: November 12, 2024 SUBJECT TITLE Minutes -September 24, 2024 -Regular PRESENTER/DEPARTMENT City Clerk Matti ATTACHMENT(S) Draft Minutes PUBLIC HEARING PUBLISH DATES N/ A PURPOSE: BACKGROUND: BUDGET IMPACT: RECOMMENDED MOTION/ACTION REQUESTED OF COUNCIL Motion to approve Minutes as presented. Minutes Dunn City Council Regular Meeting Tuesday, September 24, 2024 6:30 p.m., Dunn Municipal Building PRESENT: Mayor William P. Elmore Jr., Mayor Pro Tern J. Wesley Sills, Council Members Raquel McNeil, April Gaulden, Billy N. Tart, Alan Hargis, and Dr. David L. Bradham. Also present: City Manager Steven Neuschafer, Assistant City Manager Billy R. Godwin, Finance Director Cary McNal/an, Chief of Police Cary Jackson, Planning Director George Adler, Parks and Recreation Director Brian McNeil/, Human Resources Director Connie Jernigan, Public Works Director Dwayne Williams, Collections and Distribution Manager Billy Cottle, Water Plant Manager Jan Stroud, Wastewater Plant Manager Donrie Dukes, Administrative Support Specialist Sidney McKay, City Attorney Tilghman Pope, and City Clerk Melissa Matti. CALL TO ORDER AND INVOCATION Mayor Elmore opened the meeting at 6:30 p.m. Reverend Cameron Cloud, from Central Baptist Church gave the invocation. Afterwards, Council Member McNeil led in the Pledge of Allegiance. AGENDA ADJUSTMENT AND APPROVAL Motion by Council Member Bradham and second by Council Member Gaulden to adopt the changes to the September 23, 2024, meeting agenda to include adding #9A to award Wayfinding Project and adding #98 Approval of Eastover Sanitary District water storage. Motion unanimously approved. Public Comment Period Gloria Farmer 85 Bell Rd. Benson, NC. Zip code 27540 Ms. Farmer wanted to know why she's being harassed like a dog. if she goes to the store {Walmart}, even the people in the store thought she was stealing. They rushed the door and looked at the cameras. She claimed to have dates and times the occurrence took place and said that she's been keeping a log. She hasn't filed a complaint. She talked to Benson, OK, and it's going a little bit further. Nobody can give her the answer. So, she's going to ask the chief tonight if it's alright with the council member. Why all the harassment? Mayor Elmore advised Ms. Farmer that the council will not be making any comments, and her comments need to be held to three minutes. Ms. Farmer said she has proof that they (Police) chased her down like a drug dealer. They think she's a drug dealer because she drives a nice car. Let them keep on. She's going to consider harassment as of tonight and she will be seeking an attorney. Again, she said she's got proof and video proof of what's going on. She said when she leaves tonight, she hopes she gets home safely. She claimed to have had a police officer break her down the other night outside city limits. Mayor Elmore informed Ms. Farmer, that her time was up and reminded her that the Chief of Police has an open- door policy. He told her If she wanted to go by and see her sometime, make an appointment CONSENT ITEMS • Minutes of the July 23, 2024 -City Council Meeting. • Minutes of August 13, 2024 -City Council Meeting. • Minutes of August 27th, 2024 -City Council Meeting. • Condemnation for Easement Acquisition for East Side Pump Station. A copy of the Resolution of the City Council Authorizing Condemnation Action on A Parcel for the Eastside Pump Station Project (R2024-34) is incorporated into these minutes as Attachment #1. Motion by Council Member Hargis and second by Council Member Tart to approve all consent items as presented. Motion unanimously approved. ITEMS FOR DISCUSSION AND/OR DECISION 1-95/1-40 Crossroads of America Economic Planning Alliance -Revised MOU Harold Keen give a brief history of the alliance and then let Tilghman clarify any questions. A few years ago, the City of Dunn engaged with the Town of Four Oaks to create an Economic Development of clients that run along Interstate 95. Both towns have participated for three years now, and we have some good things happening. We've just announced this past week that the Alliance has partnered with Harnett County on a 65-acre piece of property, and we have a spec building that's going to start out there in early 2025. It's going to be 160,000 square foot building. Were it not for the Alliance folks, this would not be happening. We have the renovation of a building here in town, the old Magnolia School building that's going to be a Workforce Training Center that's going to be somewhere in excess of $13 million that they're all iance has been a key partner in putting this together. The Town of Four Oaks has also put in a Workforce training Center. We had discussion with Benson about them coming in and being a part of it and I'm happy to say tonight that the Town of Benson has decided to join this force. I think it's going to be good for us. The regional outlook along the Interstate is going to pay dividends for many, many years to come. I think it's going to create many jobs. I hope we're go ing to be able to put in industry that will create higher paying jobs and average paying job in this area. I hope our people will be able to stay at home or within just a few miles of Dunn in Four Oaks to work and live here and spend their time and money here. Tilghman is the attorney for the Alliance as well as the City of Dunn. He has participated in rewriting the memorandum. I'll let you go over that previously distributed information to the Council regarding the differences between this memorandum and the original memorandum with Four Oaks at that time. The Alliance was not yet formed, so the original memorandum discussed the formation of that nonprofit entity. Now that that nonprofit entity is in existence, this memorandum of understanding will replace the original and its primary purpose is to bring Benson into and make them a part of the group. Who is currently on the board? David Bradham is the Vice Chair of that group. Walter Massey serves on that board. Jeffrey Dunn from this area serves on the board, and Matthew Smith, a local resident attends on behalf of Dunn. Motion by Council Member Gaulden and second by Council Member Hargis to approve the revised MOU with the Town of Four Oaks for the development of the I-95/I-40 Crossroads of America Economic Planning Alliance Incorporated as presented. Motion unanimously approved. A copy of the Memorandum of Understanding is in corporated into these minutes as Attachment #2. Capital Project Ordinance -Water Asset Inventory & Assessment Finance Director McNallan explained that this item is related to the Water Asset and Inventory and Assessment project. At the last meeting, council approved accepting a grant for that. The grant is $150,000. There's also a $7,500 Match from the City. This agenda item creates that project for that, so we can track that money and then track its related expenditures. Council is being asked to approve the capital project ordinance to establish that. Motion by Council Member Gaulden and second by Council Member Sills to approve the Water Asset Inventory and Assessment Capital Project ordinance and related budget amendment. Motion unanimously approved. A copy of the Capital Project Ordinance -Water Asset In ventory & Assessment (02024-25) and Budget Amendment [BA-2024- 33) is incorporated into these minutes as Attachment#_. Bid Award for Tracy Lane Water & Sewer Improvement Project City Manager Neuschafer explained that this agenda item is a Bid award for Tracy Lane water and sewer improvement project. This will install 600 linear feet of 6-inch water main and over 500 linear feet of gravity sewer along Tracy Lane, connecting to existing utilities on either end. This is going to bolster the service that's already on Tracy Lane and provide new service to five (5) parcels that are already on the line but have no access to water and sewer even though they're in the city limits. We had the project engineered. It was approved by the state. It has to be permitted by the state as well because it is an extension and then the bid came back. The bids are included as attachments in your packet with the low bid of $249,747.55 for the Ascot Corporation. Motion by Council Member McNeil and second by Council Member Gaulden to award the project to the Ascot Corporation so that they can begin construction for the Tracy Lane Water and Sewer Improvement project. Motion unanimously approved. Award of Bid for Wayfinding Project Assistant Manager Godwin addressed council concerning wayfaring signs. Item 9A was added to the agenda and is put before you to ask the council to consider awarding a bid to get our wayfinding project fabricated and installed. The bids were submitted in July. We had four (4) bids and the low bid; it was quite a range from a high of $348,000 to a low of 165,000 dollars. $165,000 is the bid that's been recommended for the council to accept Right Light Signs is a North Carolina corporation. It's a HUD certified business. They are out of Concord, NC and council has previously approved the $250,000 Project Ordinance for this project last year. Right Light anticipates a completion date roughly six to seven months once they get the authority to proceed. You may recall that this wayfinding project is the number one priority of the vision group. This will enable that priority to be fulfilled and that's what's before you. There's also a budget amendment, a project ordinance amendment to just move some money from one line item within the project to another. That's sort of an administrative thing, but that would be part of the motion. Does this mean that we save almost $100,000? It's under budget and it is for change. We'll see how the monies go. Hopefully as the project gets underway and if things hold like I think they will, we may be able to add a few more signs to the project. I'll make a motion to award the wayfinding project fabrication and installation bid to right light signs incorporated in the amount of $165,816 and authorize the City Manager or his designee to execute any necessary documents on behalf of the City of Dunn and to approve the budget amendment as presented. Motion by Council Member Bradham and seconded by Council Member Billy Tart to award the wayfinding project fabrication and installation bid to Right Light Signs Incorporated in the amount of $165,816 and authorize the City Manager or his designee to execute any necessary documents on behalf of the City of Dunn, and to approve the budget amendment as presented. Motion unanimously approved. A copy of the Budget Amendment (BA -2024- 34) into these minutes as attachment #4. Approval of Eastover Water Storage Agreement City Manager Neuschafer explained that this is a simple agreement between the City of Dunn and the Eastover Sanitary District, where the Sanitary District, in order to meet their obligations to the state as far as the amount of storage they have available, would like to designate some storage in our water tanks as part of their overall storage for their water system. Since we sell a significant amount of water to Eastover, we figured it appropriate to allocate a certain amount of storage for them and we took a percentage of the overall number of gallons that we have in storage and divided the maintenance cost for that storage. Because we do have an annual maintenance fee that we pay a company to maintain our storage and it came out to about $3500 for the $100,000 hundred 1000 gallons that we're looking to allocate to their water supply plan. We feel that if we engage in this agreement. That fee and annual fee of $3500 will cover our costs and also allow them room to grow and their ability to grow is going to increase our ability to sell them water as well. You'll see in the agreement there's a couple of caveats to win. They have to make the payment as well as the end of this agreement would be December 31st to 2031 or when they complete their elevated storage tank because their plans are to construct an elevated storage tank so they won't have to have part of ours as their storage system. Mr. N euschafer assured the council that a significant amount of our water is already sold to them. So, it's really just allocating a small percentage of their purchase in our tank. Motion by Council Member Gaulden and second by Council Member Hargis to approve the water storage agreement with the Eastover Sanitary District to authorize the City Manager or his designee to execute the agreement on behalf of the City of Dunn Motion unanimously approved. A copy of the Eastover Water Storage Agreement is in corporated into these minutes as attachment #5. Administrative Reports City Manager Neuschafer Finance Director McNallan provided the following financial report for the period ending August 31, 2024: • The city has $9.8 million cash and investments, compared to $5.9 million last year. The increase is we've received a lot of our grants, construction grants and we're two months into the fiscal year. • Property Taxes collected for July was $60,000, compared to $48,000 last year. • Sales Tax receipts were $310,000 for June, down $7,800 same period last year. That's the second month in a row that we've had a decline for year over year receipts. • Building Permit Fees collected for August were $7,555. To date, we've collected $13,985. Reports were also received as follows : Planning and Inspections Report, Public Works Report, Public Utiliti es Report, Parks and Recreation Report and Police Report. Announcements/Information Mayor Elmore announced upcoming events and activities. Closed Session Motion by Council Member Hargis and second by Council Member Gaulden to go into closed at 7:04 p.m. Motion unanimously approved. No decisions were made, and Closed Session adjourned at 7:37 p.m. Attest: Melissa Matti, CMC, NCCMC City Clerk William P. Elmore Jr. Mayor mlDlJNN • NORTH CAROLINA City Council Agenda Item Meeting Date: November 12, 2024 SUBJECT TITLE Close FY24 Vehicle and Equipment Capital Projects PRESENTER/DEPARTMENT Cary McNallan/Finance Department ATTACHMENT(S) Capital Project Ordinance Amendment Budget Amendment PUBLIC HEARING PUBLISH DATES N/ A PURPOSE: To approve the attached budget amendment to close three vehicle and equipment capital projects. BACKGROUND: The FY24 budget included three capital projects for the purchase of vehicles and equipment related to Police , Public Works, Public Utility, the Water Treatment Plant, and the Wastewater Treatment Plant. These purchases are now complete and installment financing and grant funding has been received from the Unites States Department of Agriculture (USDA). All purchases were completed within their respective capital budget. Funding from the USDA was slightly less than budgeted and therefore the balance will need to be funded by general fund reserves. The attached budget amendment provides for a transfer of $23,404.30 to the three capital projects and will fully fund and close out the related projects. BUDGET IMPACT: General Fund reserves of $23,404.30 will be used to fund the three capital projects. RECOMMENDED MOTION/ACTION REQUESTED OF COUNCIL Motion to approve the attached budget amendment to fund and close vehicle and equipment capital projects . ~ CITY OF ~DUNN 0 TH CA OLINA Capital Project Ordinance Amendment FY24 Vehicle and Equipment Purchases Project WHEREAS, the City Council for the City of Dunn, on June 13, 2023, adopted the annual budget ordinance number 02023-13 for the fiscal year beginning July 1, 2023; and, WHEREAS, the City Council, on June 13, 2023, adopted the capital improvements plan for fiscal year 2023-24; and, WHEREAS, the City Council, on June 13, 2023, approved capital project ordinances for the FY24 Vehicle and Equipment Purchases Projects with appropriated funding of $1,148,861; and, WHEREAS, it is necessary and appropriate to amend this capital project ordinance to reflect the final funding sources; and, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUNN, NC, PURSUANT TO SECTION 13.2 OF CHAPTER 159 OF THE GENERAL STATUTES OF NORTH CAROLINA, THAT: Section 1: Purchases for this project are now complete and the projects are to be closed out with final appropriations of revenue sources as noted in Section 2 and are adopted as follows: Section 2. The amount of funding appropriated, and amounts budgeted for purchases and related costs are approved as follows: Funding Appropriations Installment Financing USDA Grant Funds Transfer from the General Fund Total Funding Expenditures: Po lice Vehicles Public Works Vehicles Public Utility Equipment WTP Vehicles WWTP Vehicles Stormwater Equipment Total Expenditures Previous Budget $1,148,861.00 $1,148,861.00 $ 304,861.00 $ 162,000.00 $ 195,000.00 $ 52,500.00 $ 168,500.00 $ 266,000.00 $1,148,861.00 Budget Amendments $ (219,861.00) $ 145,000.00 $ 23,404.30 $ (51,456.70) $ (30,353.42) $ 4,790.01 $ (5,471.95) $ (7,026.41) $ (12,985.93) $ (409.00) $ (51,456.70) Where communi{_J 6B_Jins/ Revised Budget $ 929,000.00 $ 145,000.00 $ 23,404.30 $1,097,404.30 $ 274,507.58 $ 166,790.01 $ 189,528.05 $ 45,473.59 $ 155,514.07 $ 265,591.00 $1,097,404.30 Hiii CITY OF ~DUNN ~ NORT CAROLINA Section 3: Funds may be advanced from the General Fund for the purpose of making payments as due. Reimbursement requests should be made to the grantor agency in an orderly and timely manner. Section 4: The Finance Director is directed to report periodically on the financial status of each project element in Section 2 and on the total revenues received or claimed. Section 5: Within five (5) days after this ordinance is adopted, the City Clerk shall file a copy of this ordinance with the Finance Director. Section 6: This capital project ordinance amendment shall be effective immediately. Duly adopted this 12th day of November 2 0 24. Attest: Melissa R. Matti City Clerk William P. Elmore, Jr. Mayor Where communi{_J hB_Jins! CITY OF DUNN BUDGET ORDINANCE AMENDMENT Department: Capital Projects Budget Amendment#: 14 FISCAL YEAR ENDING: 6/30/2025 Date: 11/12/2024 Appropriation Amount of Appropriation FUND Acct# LINE ITEM DESCRIPTION Before Amendment After Amendment Increase/ (Decrease) Amendment Capital Fund 062-0931-7401 Capital Outlay-Veh & Equip $ 266,000.00 $ (409.00) $ 265,591.00 Capital Fund 069-0930-7430 Capital Outlay-WS Veh & Equip $ 195,000.00 $ (5,471 .95) $ 189,528.05 Capital Fund 069-0930-7 431 Capital Oullay-WTP Veh & Equip $ 52,500.00 $ (7,026.41 ) $ 45,473.59 Capital Fund 069-0930-7 432 Capital Oullay-WWTP Veh & Equip $ 168,500.00 $ (12,985.93) $ 155,514.07 Capital Fund 102-0910-7404 Capital Outlay-Police Veh & Equip $ 304,861.00 $ (30,353.42) $ 274,507.58 Capital Fund 102-0910-7405 Capital Outlay-PW Veh & Equip $ 162,000.00 $ 4,790.01 $ 166,790.01 General Fund 010-0500-851 0 Oper Trf to Capital Projects $ 118,669.00 $ 23,404.30 $ 142,073.30 $ - EXPENDITURE TOTAL: $ 1,267,530.00 $ (28,052.40) $ 1,239,477.60 Appropriation Amount of Appropriation FUND Acct# LINE ITEM DESCRIPTION Before Amendment After Amendment Increase/ (Decrease) Amendment Capital Fund 062-0399-1400 Installment Financing $ 266,000.00 $ (29,587.00) $ 236,413.00 Capital Fund 062-0399-0200 USDA Grants $ -$ 29,178.00 $ 29,178.00 Capital Fund 069-0399-1400 Installment Financing $ 416,000.00 $ (72,413.00) $ 343,587.00 Capital Fund 069-0399-0200 USDA Grants $ -$ 40,822.00 $ 40,822.00 Capital Fund 069-0399-1401 Oper Trf fr General Fund $ -$ 6,106.71 $ 6,106.71 Capital Fund 102-0399-1400 Installment Financing $ 466,861 .00 $ (117,861.00) $ 349,000.00 Capital Fund 102-0399-0200 USDA Grants $ -$ 75,000.00 $ 75,000.00 Capital Fund 102-0399-1401 Oper Trf fr General Fund $ -$ 17,297.59 $ 17,297.59 General Fund 010-0368-2001 Fund Balance Appropriation $ 696,164.00 $ 23,404.30 $ 719,568.30 $ - REVENUE TOTAL: $ 1,845,025.00 $ (28,052.40) $ 1,816,972.60 CERTIFICATION: I certify this requested budget amendment was approved by the City Council on: City Manager: 11/12/2024 Finance Director: 11/12/2024 JUSTIFICATION: Close FY24 Equipment capital project and allocate general fund I reserves. I FUNDING SOURCE: General Fund Reserves. mlDlJNN • NORTH CAROLINA City Council Agenda Item Meeting Date: November 12, 2024 . SUBJECT TITLE Budget Amendment for Fairground Road Utility Extension Billy Cottle/Distribution & Collections Manager Cary McNallan/Finance Department PRESENTER/DEPARTMENT ATTACHMENT(S) Budget Amendment PUBLIC HEARING PUBLISH DATES N/ A PURPOSE: To approve a budget amendment for a water line extension across Fairgrou nd Road . BACKGROUND: City staff is recommending the extension of a water line across Fairground Road to serve a residential development which will consist of 6 Duplexes equaling 12 units. This water line extension will also provide the City the opportunity to serve utilities to parcels further down Fairground Road. The developer will be extending the existing gravity sewer adjacent to this site to serve these twelve units . The estimated cost of this water line is $52,490. BUDGET IMPACT: Monies from the Water System Development Fee Fund will be appropriated within this fund to construction expense for $52,490. RECOMMENDED MOTION/ACTION REQUESTED OF COUNCIL Motion to approve the attached budget amendment to fund a water line extension across Fairground Road. CITY OF DUNN BUDGET ORDINANCE AMENDMENT FISCAL YEAR ENDING: 6/30/2025 Appropriation FUND Acct# LINE ITEM DESCRIPTION Before Amendment Water Capacity SD Fnd 035-0929-7600 Construction - EXPENDITURE TOTAL: $ Appropriation FUND Acct# LINE ITEM DESCRIPTION Before Amendment Water Capacity SD Fnd 035-0399-0811 Water System Development Fee $ - REVENUE TOTAL: $ CERTIFICATION: I certify this requested budget amendment was approved by the City Council on: City Manager: Finance Director: JUSTIFICATION: Allocate funding for the construction of a water extension across Fairground Road. FUNDING SOURCE: Appropriate Water System Development Fees. I Department: Utility Operations Budget Amendment #: • t t.. Date: Amount of Amendment Increase/ (Decrease) 52,490.00 $ $ 52,490.00 $ Amount of Amendment Increase/ (Decrease) $ 52,490.00 $ $ $ 52,490.00 $ ll-12.-~"( ~ Ori!2ti!0i4 11-1-z.-?.-j 1~22r202• ~0r22t.2024 11-IZ-&&4 Appropriation After Amendment 52,490.00 - - - - 52,490.00 Appropriation After Amendment 52,490.00 - - - - 52,490.00 lml DlJNN • NORTH CAROLINA City Council Agenda Item Meeting Date: November 12, 2024 SUBJECT TITLE NC Youth Sports Grant Acceptance/Budget Amendment PRESENTER/DEPARTMENT Brian McNeill/Parks and Recreation Director ATTACHMENT(S) Yes PUBLIC HEARING PUBLISH DATES PURPOSE: To officially accept NC Youth Sports Grant awarded by NC Youth Outdoor Engagement Commission and approve the attached budget amendment request. BACKGROUND: With the passage of legalized sports betting in NC in 2023 , one of the uses of the dollars coming into the State of NC offers was to grant opportunities for youth sports . The Youth Sports Grant run through the NC Youth Outdoor Engagement Commission are available for non-professional team travel funding and host funding to attract State, regional , area and national sporting events. This past August the Parks Department applied for the grant maximum of $25,000 in support of the 2025 DYB AA World Series that will be hosted in Dunn. Funds awarded will be allocated for chain-link ball field fencing that will be used during the upcoming World Series and future tournaments to come. The budget amendment request is for the following reasons. • On October 28, 2024 , the City received an award confirmation for the NC Youth Sports Grant in the amount of $25,000 by NC Youth Outdoor Engagement Commission . • Funds from NCYOEC will be sent 45 days prior to the event which is July 24, 2025. The budget amendment will allow immediate purchase of the equipment to be later reimbursed through the grant. BUDGET IMPACT: The General Fund revenue and expenditure budget will be increased by $25,000 . RECOMMENDED MOTION/ACTION REQUESTED OF COUNCIL Motion to approve the acceptance of the North Carolina Youth Sports Grant in the amount of $25,000 and approve the attached budget amendment request of $25,000 to be used for equipment for the 2025 DYB AA World Series. Brian C. McNeil! From: Sent: To: Cc: Subject: Dear Brian McNeil!, Wendt, Megan M <megan.wendt@nc.gov> Monday, October 28, 2024 2:09 PM Brian C. McNeil! Law, Mega n N; Steven W. Neuschafer; Cary E. McNallan NC Youth Outdoor Engagement Commission Youth Sports Grant #13 -City of Dunn Parks an d Recreati on Congratulations! We are pleased to award you a Youth Sports Grant application approval of $25,000 for your 2025 Diamond Youth Baseball Division 1 and 2 World Series event costs. I wanted to reach out to thank you for sending the application and to let you know about next steps in the process. A reminder that your Youth Sports Grant reference number is #13, should you need to contact us or complete any forms regarding your grant. How do you plan to acknowledge our organization's participation in the funding of your event? This could include marketing, advertising, news coverage, social media shoutouts, banners at the event, etc. • Megan Law, our Communications Manager, is cc'd on this email. She will be happy to send over any marketing materials you may need! First, we already have the Substitute W-9 on file, so within 45 days from your event we will process and send the funds. You will be notified when the funds are sent. Once you have received the check/direct deposit, these funds must be spent within 60 days of receipt. Second, if at any time you need to make changes to what was awarded, i.e. change in date, location, or supplies purchased, you need to email us for approval and fill out an Amendment Form before any of those changes are made. Also, all unexpended funds need to be returned to us within 30 days of completion of the events. Please make sure you have read and understand our Youth Sports Grant eligibility and guidelines document. Thirdly, when you complete the events, please email us receipts or proof of payment within 30 days of completion along with any pictures, videos, etc. we may use on our website and social media. We highly encourage you to review our Grant Reporting page, linked here, to ensure everything needed is properly sent back. Congratulations again , and please don't hesitate to ask if you need anything from us. We hope your athletes enjoy their World Series tournaments! Best, Megan Wendt Grants Coordinator NC Youth Outdoor Engagement Commission Office: (919) 707-4036 Work Cell: (984) 289-0055 Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official. 1 CITY OF DUNN BUDGET ORDINANCE AMENDMENT Department: Park & Rec Budget Amendment#: 15 FISCAL YEAR ENDING: 6/30/2025 Date: 11/12/2024 Appropriation Amount of Appropriation FUND Acct# LINE ITEM DESCRIPTION Before Amendment After Amendment Increase/ (Decrease) Amendment General 010-0620-7400 Capital Outlay $ 86,000.00 $ 25,000.00 $ 111,000.00 $ - $ - $ - $ - $ - EXPENDITURE TOTAL: $ 86,000.00 $ 25,000.00 $ 111,000.00 Appropriation Amount of Appropriation FUND Acct# LINE ITEM DESCRIPTION Before Amendment After Amendment Increase / (Decrease) Amendment General 010-0367-0003 State Grants $ 25,000.00 $ 25,000.00 $ - $ - $ - $ - $ - $ - REVENUE TOTAL: $ $ 25,000.00 $ 25,000.00 CERTIFICATION: I certify this requested budget amendment was approved by the City Council on: City Manager: 11/12/2024 Finance Director: 11/12/2024 JUSTIFICATION: Grant funds received for the purchase of ballpark fencing at Tart Park. I FUNDING SOURCE: NC Youth Outdoor Engagement Commission grant I mi l) lJNN ~ NORTH CAROLINA City Council Agenda Item Meeting Date: November 12, 2024 SUBJECT TITLE Offer to Purchase 19.68 Acres of City Property PRESENTER/DEPARTMENT Bill y Godwin -Assist ant City M anager ATTACHMENT(S) Assignab le Rea l Estat e Sa les Con tract PUBLIC HEARING PUBLISH DATES n/a PURPOS E: To conside r entering into a real estate sales contract with NVR, INC to sell 19.68 acres of City property for $250,000.00. BACKGROUND: On August 30, 2024 , the City of Dunn received an offer from NVR, INC ., to purchase 19.68 acres of City property for $250,000.00 and on September 10, 2024, th e City Council adopted a Resolution Authorizing the Upset Bid Process under G.S. 160A-269 to adverti se th e Council 's intent to consider accepting the offer and to invite upset bids . The notice was published in the Daily Record on September 20, 2024 , and no upset bids were received during the 10-day upset bid period. The property, Harnett County Pl N 1526-08-5581 .000, is located on the south side of East Johnson Street and is also identified as that 20.00 acres (net) shown on Map 2004, Page 1244, Harnett County Registry. Th e property is currently zoned as R-20. If Council approve this sale, the sale terms in the attached Assignable Real Estate Sa les Contract would apply and its principal terms in clude: • Purchase Price of $250,000. • $12,500 Earnest Money Deposi t; $5,000 non-refundabl e; $7,500 refundable until expiration of 90 Day Due Diligence Period (DDP). • Property must be rezoned to R-7 (application currently pending) during the DDP to allow at least 10 single family attached/detached dwe lling units on the property. • Closing with in 10 business days after satisfaction of all contingencies , including Construction Drawing Approval and subd ivision approval, which mush occur with in 90 Days of DDP's expiration. BUDGET IMPACT: Proceeds of the sale of th is property would go to th e General Fund . RECOMMENDED MOTION/ACTION REQUESTED OF COUNCIL Motion to accept NVR INC's offer to purchase the real property identified as Harnett County PIN 1526-08-5581 .000 and authorize the City Manager, or his designee, to execute the attached Assignable Real Estate Sales Contract and any other documents necessar to close the ro ert sale . Contract pursuant to Paragraph 5 below. References in the Contract to the Deposit means the amount paid to date as provided in this Contract. 3(b) The entire Purchase Price shall be payable by Purchaser in cash or by ce1tified or bank cashier's check or wire transfer of funds on the Closing Date (as hereinafter defined). The Deposit shall be applied against the Purchase Price at Closing. 4. SUBDIVISION OF PROPERTY. 4(a) The Prope1iy is zoned R-20. Promptly after the Effective Date, Purchaser shall submit all necessary documents to cause the Prope1iy to be rezoned to R-7 and, if applicable, annexed into the City (collectively "Rezoning") to obtain final Rezoning beyond all appeal periods ("Rezoning Approval"). Thereafter, Purchaser shall use commercially reasonable effo1is to submit all necessary documents, including the necessary site plans and subdivision construction plans (collectively, "Subdivision Plans"), required to obtain final, non- appealable approval for the development of the Propeliy ("Final Approval"). For purposes of this Contract, Final Approval means that the Subdivision Plans have been fully approved, beyond all appeal periods for the development of approved residential building lots, and any off- site improvements necessary to develop the Prope1iy ("Purchaser's Intended Use"), and the Propeliy is Ready for Development including water and sewer approval and all necessary municipal, state and federal permits to begin construction activity. For purposes of this Contract, the Prope1iy shall be deemed to be "Ready for Development" after Final Approval has been obtained, and development of the Propeliy can commence and be completed, subject only to the following actions: (i) posting the required bonds and escrows and paying all fees relating to the governmental approval and recordation of the subdivision final plat, (ii) preparation, governmental approval, and recordation of the subdivision final plat, and (iii) conveying to any homeowners' association, if applicable, any open space as reflected on the final approved subdivision record plat. Seller, in its capacity as the seller of real propeliy and not in its capacity as the governing body of the City of Dunn agrees to execute any and all documents reasonably necessary to effect the subdivision approval process for Rezoning Approval and Final Approval. Purchaser acknowledges that nothing contained in this Contract shall be construed to require the Seller in its capacity as the governing body of the City of Dunn to grant the Rezoning Approval, Subdivision Plans, allocation of water and sewer or any other governmental action regarding Purchaser's Intended Use. Such applications shall be reviewed and considered by the City of Dunn in the normal course of business in the same manner as all other applications similarly situated. 4(b) If Final Approval does not allow for the development of at least ten (10) single family attached/detached dwelling units (each dwelling unit being an "Approved Residential Lot") within ninety (90) days after the expiration of the Due Diligence Period, then Purchaser may ternlinate this Contract by written notice to Seller, in which event the Secondary Deposit shall be returned to Purchaser and the parties shall have no fu1ther rights or obligations hereunder. 5. DUE DILIGENCE PERIOD; ENTRY ONTO PROPERTY; SELLER DELIVERIES. 6(d) At Closing, Seller shall deliver to Purchaser a "Ce1tification ofNon- Foreign Status" which meets the requirements of Section 1445 of the Internal Revenue Code and Internal Revenue Regulations for the purpose of infom1ing the transferee that withholding of Federal taxes is not required. 6(e) Possession of the Property shall be given to Purchaser or its agents and assigns at the time of settlement, free from any paities in possession. 7. ADJUSTMENTS AT CLOSING. Real estate taxes, general and special, and usual water and sewer charges are to be adjusted to the date of settlement and thereafter assumed and paid for by Purchaser. At Closing, Purchaser shall pay, when and if due, any impact fees imposed by the governmental authorities on development of the Prope1ty. Seller shall pay, when and if due, any agricultural recapture tax or any similai· tax imposed on the Property, whether imposed prior to or subsequent to Closing. 8. CLOSING COSTS. Examination of title, owner's and m01tgagee's title insurance, Survey (as hereinafter defined) (if Purchaser elects to have a Survey prepared), tax certificates, prepai·ation of the deed, notary fees, and recording charges are to be at the cost of Purchaser; provided, however, that if Seller breaches its obligations under Subparagraph 9(c), Seller shall (in addition to its other default obligations under Paragraph 14) pay or reimburse Purchaser for all reasonable title and survey costs actually incuned by Purchaser. Seller shall pay the cost of obtaining releases of all monetary liens encumbering the Property. All documentary stamps and recordation and transfer taxes shall be paid by Seller. Each party shall pay for the cost of their respective legal counsel. 9. TITLE 9(a) At Closing, Seller will convey to Purchaser good and maiketable and insurable fee simple title to the Prope1ty. For the purposes of this Contract, "good and marketable and insurable fee simple title" shall mean fee simple ownership, free of all liens, encumbrances, judgments, covenants, restrictions, easements and rights of way, recorded or unrecorded; subject, however, to those matters (if any) affecting title to the Prope1ty which are set forth in the Title Commitment refened to below and accepted by Purchaser in accordance with Subpai·agraph 9(b) (the "Permitted Exceptions"). Such title shall also be insurable by a recognized and reputable title insurance company selected by Purchaser which is licensed to do business in the State of North Cai·olina, at then-cull'ent standard rates under the standard form of AL TA owner's policy of title insurance in effect on the Closing Date, and without exception other than for the Permitted Exceptions. Notwithstanding anything herein to the contraiy, if the Seller, in its capacity as the governing body of the City of Dunn has utility easements (water, sewer, st01mwater or otherwise) located on the Prope1ty for which there is not a recorded easement, Seller may retain such easements in conveyance of the Prope1ty to the Purchaser and they shall be deemed to constitute Pe1mitted Exceptions .. For purposes of this Contract, the Sanitaiy Sewer Easement shown on that plat entitled, "Survey for Town of Dunn -Shamrock Denning Tract" dated December 2, 2004 by Joyner Piedmont Surveying, recorded in Map Book 2004, Page 1244, Hamett County Registly (the "Sanitary Sewer Easement"), shall constitute a taxes, any deeds of trust, m01tgages, judgment liens, and other monetary liens against the Property shall be deemed Objectionable Exceptions, whether Purchaser gives written notice of such or not, and shall be removed by Seller at or before the time of Closing, and (ii) Purchaser shall have the right to terminate this Contract and receive a complete refund of the Secondary Deposit if any Survey discloses any matter which, in Purchaser's reasonable opinion, would interfere with Purchaser's Intended Use. The term "Survey" shall mean an ALTA/NSPS Land Title Survey of the Property prepared, at Pmchaser's expense, by a registered State land surveyor designated by Purchaser. 9(e) Upon request by Purchaser, Seller shall, at no cost to Seller, execute such affidavits, certifications, and other instruments as are reasonably required by Purchaser's title insurance company for the elimination of any standard or printed exceptions in Purchaser's final policy of title insurance or to comply with tax repo1ting or disclosure requirements. 10. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller represents and wanants to Purchaser as follows: lO(a) Seller is a N01th Carolina municipal corporation, duly organized and validly existing, under the laws of the State ofN01th Carolina, and qualified to do business in the State ofN01th Carolina, in good standing. lO(b) Seller has the full right, power and authority to enter into and cany out and perform this Contract, without obtaining any futther approvals or consents. Seller is the owner of the Prope1ty in fee simple absolute, and has all right, power and authority to enter into this Contract. The entering into this Contract and consummation of this transaction by Seller will not violate any law or governmental regulation, order or decree to which Seller is subject or any agreement or other instrument to which Seller is a paity or by which it is bound. 10( c) Seller has not made any commitments or representations to the applicable governmental authorities, any adjoining or surrounding property owners, any civic association, any utility, or any other person or entity which would in any manner be binding upon Purchaser, except as provided for in this Contract. 10( d) There are no leases, tenancies, licenses, or other rights of occupancy or use for any portion of the Prope1ty. lO(e) There is no threatened or pending annexation, condemnation or other judicial or administrative proceedings against or affecting any pait of the Prope1ty. 1 O(f) Seller has no actual knowledge (i) of any "Hazardous Materials" ( defined below) located on or within the Property; (ii) that the natural topography of the Prope1ty has been excavated or filled with rubble or otherwise; (iii) that the Prope1ty has previously been used for the storage, use, generation, treatment or disposal of Hazardous Materials; or (iv) that there are any underground fuel tanks located upon the Property. The term "Hazardous Materials" means any substance, material or waste that is defined or regulated as hazardous or toxic, or is a pollutant or contaminant, by or that gives rise to liability under, any Law, regulation, permit or 12(a)(i) The Property is Ready for Development (as more specifically defined in Paragraph 4 above). 12(a)(ii) Title to the Prope11y shall be good ofrecord and marketable and fully insurable by a title company at regular rates pursuant to Paragraph 9 above. 12(a)(iii) There is no evidence of hazardous or toxic waste on the Property at the time of Closing, and the Purchaser shall be able to obtain the issuance of a Phase I Environmental Report with regard to the Property acceptable to Purchaser in Purchaser's sole discretion. 12(a)(iv) The representations and warranties made by Seller in this Contract shall be true in all respects as of the Effective Date and as of the Closing Date, and Seller shall have pe1formed all covenants and obligations and complied with all conditions required of Seller under this Conh·act. 12(b) In the event any of the conditions set forth in Subparagraph 12(a) are not satisfied as of the date of Closing, Purchaser shall have the right, in its sole discretion, to hold Seller in default (if any such failure is the result of Seller's breach) or, in all events, terminate this Contract by giving written notice to Seller. In the event Purchaser elects tennination, the Secondary Deposit shall be promptly returned to Purchaser and thereupon the parties shall have no fuither rights or obligations hereunder. 13. PURCHASER'S DEFAULT. If Purchaser fails to tender Closing on the Prope11y due to events within its control and Seller is ready, willing and able to pe1form, or if Purchaser shall otherwise breach or default under any of the provisions of this Contract, then, provided Purchaser has received written notice from Seller specifying the nature of the breach or default and Purchaser fails to cure the specified breach or default within ten (10) days after receipt of the notice, Seller shall retain the Secondary Deposit paid to date to Seller as complete and liquidated damages and as Seller's sole remedy. Thereafter, this Contract shall automatically te1minate and Purchaser and Seller shall be relieved of further liability hereunder, at law or equity. Seller expressly waives all rights of action against Purchaser for specific performance and any other equitable remedies or damages for any matter arising out of or relating to this Contract. Any attendance at Closing by either party shall not nullify this provision for payment of liquidated damages as Seller's sole remedy. 14. SELLER'S DEFAULT. In the event Seller shall fail to tender and complete Closing or otherwise fail to pe1form any of its obligations hereunder, then, provided Seller has received written notice from Purchaser specifying the nature of the breach or default and Seller fails to cure the specified breach or default within ten (10) days after receipt of the notice, Purchaser shall have the right to seek specific performance of this Contract (including ancillary equitable relief) or may, in the alternative, elect to terminate this Contract, whereupon the Seller shall immediately deliver to Purchaser a complete refund of the Secondary Deposit and thereupon the parties shall have no fuither rights or obligations hereunder. In the event that specific performance is not available to Purchaser as a remedy, Purchaser shall be entitled to any and all remedies at law or in equity. 20(a) Purchaser reserves the right to waive any of the terms and conditions of this Contract for its benefit, including, without limitation, conditions precedent to Closing, title, and wananty provisions, and to purchase the Property in accordance with the terms and conditions of this Contract which have not been so waived. Any and all such waiver(s) must be in writing signed by Purchaser. 20(b) All notices and other communications hereunder shall be in writing, and be deemed to have been received (i) immediately upon personal delivery, (ii) electronic mail at the elech·onic mail address listed below; provided however, any notice by electronic mail shall require an active confirmed "receipt" by the recipient (i.e. a person must respond that they received the notice), however, an active confirmed receipt will not be required for notice by Purchaser to terminate this Contract prior to the expiration of the Due Diligence Period, (iii) one (1) business day after being sent by con.fumed overnight mail, or (iv) three (3) days after mailing, if mailed by certified mail, return receipt requested, postage prepaid: Ifto Purchaser: NVR,INC. 10720 Sikes Place, Suite 300 Charlotte, NC 28277 Attn.: David Greminger Email: DGreming@nvrinc.com NVR,INC. 5734 Trinity Road, Suite 200 Raleigh, NC 27607 Attn: Brad Messenger, G. Louis Baker, III, and Joe Schmidtke Email: Bmessenger@nvrinc.com; gbaker@nvrinc.com; JSchmidt@nvrinc.com with a copy, by email only, to: SHULMAN ROGERS, P.A. 12505 Park Potomac, Sixth Floor Potomac, MD 20854 Attn: Lawrence M. Kramer and Sean P. She1man Email: NVR@shulmanrogers.com If to Seller: City of Dunn 401 W. Broad Street Dunn, NC 28334 Attn: Steven Neuschafer Email: sneuschafer@dunn-nc.org City of Dunn 401 W. Broad Street Dunn, NC 28334 Attn: Billy Godwin Email: bgodwin@dunn-nc.org with a copy, by email only, to: Pope Law Group, P.A. 403 W. Broad Street Dunn, NC 28334 Attn: P. Tilghman Pope Email: tilghman@plgpa.com The parties shall be responsible for notifying each other of any change of address, email or facsimile number. 20(c) This Contract contains the entire agreement between the parties regarding the subject matter ofthis Contract. There ai·e no promises, agreements, conditions, undertakings, warranties or representations, oral or written, express or implied, between them, relating to this regarding required notice. Any such attempted amendments without NVR, Inc. 's written consent shall be null and void. 20(k) The relationship of Seller and Purchaser hereunder is and will be that of seller and buyer, and none of the provisions of this Contract are intended to create any relationship other than seller and buyer. No agency, partnership, joint venture or other relationship is intended hereby, and neither party shall be deemed the agent, servant, employee, partner or joint venturer of the other party. Seller and Purchaser shall not, in any way or for any reason be deemed to have become a partner of the other in the conduct of its business or otherwise, or a joint venturer. In addition, by virtue of this Contract, there shall not be deemed to have occurred a merger or any joint enterprise between Seller and Purchaser. 21. RULE AGAINST PERPETUITIES. Solely for purposes of avoiding the rnle against perpetuities, and not to modify any provision of this Contract, Closing shall take place no later than twenty one (21) years from the Effective Date. 22. FORCE MAJEURE. 22(a) If either party hereto shall be delayed, hindered, adversely affected or prevented from the perfmmance of any act required hereunder by reason of labor disputes of any kind, inability to procure materials or unusual delay in deliveries, delays or actions caused by government moratoriums, war, acts of tenorism, civil commotion or other casualty, damage caused by fire, earthquake, flood, hunicane or severe weather, disruptions resulting from a health crisis, such as an epidemic or pandemic, any form of act of God, or any other events of a similar nature not the fault of the party delayed in performing work or doing acts required under the terms of this Contract, whether or not the underlying event is foreseeable at the time of execution of this Contract, then perfo1mance of such act shall be excused for the period of the delay, and thereafter the period for the performance of any such act shall be extended for the a period equivalent to the period of such delay. 22(b) The parties agree that Purchaser's essential purpose in entering this Contract is to acquire the Property Ready for Development and entitled to be sold with improvements to third party buyers. In the event Purchaser's ability to assign the Contract to a third party developer or pursue entitlements (if Purchaser's obligation hereunder) is delayed, hindered or prevented due to the events specified in subsection (a) above, whether or not the underlying event is foreseeable at the time of execution of this Contract, all Purchaser obligations under the terms of this Contract shall be excused for the period of the delay, and thereafter the period for the performance of any such act shall be extended a period equivalent to the period of such delay. Beginning with the expiration of the extension period in either subsection (a) or (b) above, if the required performance remains unperformed or assignment remains unavailable, Purchaser may either waive the foregoing in writing, or Purchaser may at its option either continue to wait for the performance or declare this Contract null and void and in such event the Secondary Deposit shall be returned to Purchaser within ten (10) days and there shall be no finther liability on the pait of either pruty to the other. The parties have signed, sealed and delivered this Contract as of the dates written below each signature. SELLER: THE CITY OF DUNN By: Name: --------------Title: Date: PURCHASER: NVR,INC., a Virginia corporation By: Name: David Greminger Title: Vice President of Operations Date: By: Name: Brad Messenger Title: Vice President/Regional Manager Date: By: Name: G. Louis Baker, III Title: Vice President of Regional Land Operations Date: By: Name: Joe Schmidtke Title: Vice President/Division Manager Date: EXHIBIT "B" PURCHASER'S CERTIFICATE OF INSURANCE --~ ALC ~RD • CERTIFICATE OF LIABILITY INSURANCE I OAU.fW\l~J'fttn) lltlu'.lll3 Tf!I6 Cl!RTll'IC,t.YE IS ISSUED AS A MATTER OF lltFORMATION OlilY AltO C.Ol'fFERS NO ,UGHTS UPON THE CERTIFICAfl! HOLli£R. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXlEJlO on ALTER THE COVERAGE AFFORDED .BY THE POLICIES BELOl<'I, THIS CERflFICAJE OF ,NsURANCE DOES NOT CONSTrrlffE A CQNTAAr;T liJ;1WE N TliE l$$UIN<> INSUl'\eRtSI, AVlHORIUQ RE:PRESl!NTATIVE OR PRODUCER.ANO THI! CERTIFICATE HOLDER. IMPORTANT: If U,a c.rtifin ta holdar is nn ADDITIONAL INSURED, U,e pollcyffH) musl h:,ve ADDITIONAL INSURED pravl•lans or bo 1ndorHd. Ir SUBROGATION 15 WA.IVEO, •u~e1 lo 111• l•r1111 61111 COndlUon, Ol lh& policy-, email, pouc;ea nlBY reqUlrt 110 endor ... mem. 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TJfE 15 R,t,UCC AffORDED BY TliC POUCIES OE~CRl8[(j "' -I IS SUBJECT lO ,t,U TtlE I 0<Cl!U~lCMl NID C()t,C,fl ION~ OF ~t:e11 l'OLICl!ES. LIMIT~ Si 10',\~◄ MAY I v,'JE !)!Erl ;u;uucrn l)y' PAID CUJMll. .". ADDI suo ·=s.\k~~. l~~Wlv, Ul!IU L1R TTPEOF w&u•.,uice l•u•n ,~un POllCYNUM9EJI A X COWWf rtO'..-L OENIJIAl. W.81UTV EfR~l-S'-677-'-t~ 011()1?(~ DL~l.2':~ EAOtOCXUAAEh~ ~ ,co,,rm : 0 t:..AJY .. ,4-Wlf 0 UCL-OJI "G..F-'ABIIS£S· ~•II """"''u s 1to,6:o ... ~ $ku,COOSA u£DOP ll\f.um1:n,m\ s 5,{00 ._t S1,®tO}St~~Y01LY (t.14:~Ct.v.1.4. ~Iii l'lJ\..MY s 1,{W,OXl Fl:~. '10:0AI ~'l'A.l-l'U 11 L I Cf.hEft,,.. A~ht.0.Alf. ' ~W.,,11)) •i!O:!Y [[I iti1 □ LM 11troiJc, S . tt!ur-...-. 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ACORD 25 (2016103) Tile ACORD 11ama end la~o are registered mark& oi /\CORO DUNN CITY OF ParcelID:02151720110025- E JOHNSON ST NC PLAT: / UNIQ ID 229049 SPUTFROM ID 1400013173 ID NO: 1526-08-5581.000 AVEAASBORO SCHOOL TAX (100), DUNN CITY TAX (100), DUNN/AVERASBORO FIRE TAX (100), HARNETT COUN"TY TAX (100) CARD NO. 1 or 1 Reval Year: 2022 Tax Year: 2024 21.49ACS SHAMROCK DENNINGMP#2004-1244 20.0000 AC 19.6800 AC SRC:a Inspection Acoraised Bv 00 on 0110112022 00200K 195 NC 55 E INDUSTRIAL iW-02 Cl-OS FR-EX-CITY AT-LAST ACTION 20220221 use! USE DESCRIPTION IMoDI MODEL DESCRIPTION I STYLE !TOTAL UVING I AYB I EYB CORRELATION OF VALUE AREA CREDENCE TO MARKET 10 I I oo I I I I I DEPR, BUILDING VALUE• CARD 0 DEPR, OB/XF VALUE -CARD MARKET LAND VALUE• CARD 77,930 CATEGORY I CODE I DESCRIPTION I BASE RATE I COUNT RATE TOTAL MARKET VALUE -CARD 77,930 DEPRECATION I NB FACTOR I INORM I I l I TOTAL APPRAISED VALUE -CARD 77,930 TOTAL APPRAISED VALUE• PARCEL 77,930 TOTAL PRESENT USE VALUE• LAND 0 TOTAL VALUE DEFERRED· PARCEL 0 TOTAL TAXABLE VALUE -PARCEL s 77 930 PRIOR APPRAISAL PERMIT BUILDING VALUE 0 CODE! DATE I NO. I OBXFVALUE 0 LAND VALUE 62,970 PRESENT USE VALUE o DEFERRED VALUE 0 ROUT: WTRSHD: TOTAL VALUE 62 970 SALES DATA OFF. RECORD DATE DEED INDICATE BOOKIPAGE MOI YR TYPE 0/U V/I SA.LES PRICE 020261 0104 12 I 2004 WD I V o 002871 0559 X V o 002871 0559 I X V o HEATED AREA NOTES 8 ACRES AS WASTELAND 1208 CODE I DESCRIPTION I COUNT I LTH IWTHI UNITS I UNIT IORIG 0/o IIBLDG #fl I AYB I EYB DEP I I 0/o OB/XF DEPR." I --OVR COND PRICE COND SCH VALUE ITOTAL OB/XF VALUE I I BLDG DIMENSIONS I LAND INFORMATION HIGHEST AND BEST I USE I LOCAL ,IFRONTAGE,DEPTHIIDEPTH 'I LND I COND I OTHER ADJ/NOTES l~~I LAND UNIT TOTAL LAND UNIT TOTAL ADJUSTED LAND VALUE OVERRIDE USE CODE ZONING SIZE MOD FACT RFAC LCTO OT PRICE UNITS TYPE ADlST UNIT PRICE VALUE LAND NOTES WOODI I 6113 I R-20 I I I o.9400 I o I 0.7700 I +oo +00 +00 -23 +00 I I 5,500.00 19.680 AC 0.720 3,960.00 77933 o TOTAL MARKET LAND DATA 19.68 77933 TOTAL PRESENT USE DATA 02151720110025-(7669073} Group:O 8/7 /202411:57:00 AM. I DUNN CITY OF Parcel ID: 02151720110025- 1 1 1400013173 ID NO: 1526-08-5581,000 CARO NO. 1 of l PU Lie· NOTICE SALE OF CITY PROPERTY BY UPSET BllD An o .fe • of $250;000, has been subm·tted for the urchase of certai property owned by ·the Ci y of D nn, more particu arly described as folio ·s: Being1 that 19J.i8 acr s of City property located on the south side of East Johnson Street and further id,entified as Harnett Ooun y PI.N 15-26~oaff5581.000 an.d is also being that 20.00 acre$ (net) shown on ap 200 , Page 12 • ·, Harnett County Registry Persons wishing to upset the offer that has been reoeiv:er, shall submit a. sealed bid with their offe o the City Clerk, Administration Office, Dunn • unicipa1I BuildingJ 401 E Broad St, Dunn, N.C.1 28-33 -by 4:00 pm on Sep ember 30, 2024. At that time the City Cierk shall open th~ bids! ·t -any, and the highest qualifying bid wiU becom the ne~ offer If ther:e is 1more than o.ne bid in ·he highes amountt the first such bid received win !become the new offer. ~ q~alifying higher bid is o.ne• that raises he existin • offer to an amoun not less th.an ten _ ercent (10%) of the first , 1,000.00 of that offer and five percent 1(5%) of the remainder of that offer. A qualifying higher bid must be, accompanied by a de;postt in the amount of five percent (5%) of the bid; the deposit may be made In cash, cashier's check, or certified check. The City will return the d~ppsi • on any b.id npt accepted1 and will return he deposit on an offer subject to upset if a qu lifying higher bid· is rece;ved. The City wm return the de: osit -of the finat hi_gh bidder at -closing .. The buyer must. pay cash at closing. The Qjty Council must if it decides to accep he finaJ high offer, approve the :final h(gh offer before the sale is closed_, -hieh it wm do within 30 days after the final upset bid period has pass•ed. The a~ty reserves the righ , to withdra the property f.rom sale a: any time before the final high -upse bid is accepled _ nd further reserves the rig ht to reject at any time all bids prior to accepting any bid. Further information may be ob· a•ned by the City Clerk Administration Office; Dunn Municipal Building, 401' E Broad St, Dunn, N.C. or at telephone 910-230-3501 during· norm.a.I bus.Iness h_ours. 9/20/.2024 lm DlJNN • NORTH CAROLINA City Council Agenda Item Meeting Date: November 12, 2024 SUBJECT TITLE Amendment #1 to Building Inspection Contract with Harnett County PRESENTER/DEPARTMENT Billy Godwin -Assistant City Manager ATTACHMENTS Contract Documents PUBLIC HEARING PUBLISH DATES n/a PURPOSE: To consider an amendment (Amendment #1) to the City's contract with Harnett County for building inspection services that will end most, but not all, of those services on November 18, 2024 . BACKGROUND: On June 14, 2022, the City Council approved a month-to-month contract with Harnett County whereby the County would provide building inspection services to the City for $7,500.00 per month . The contract was necessary because the City was without a building inspector. The City's recent hiring of a Level Ill Building Inspector has made the need for most of the contracted inspection services unnecessary. Upon approval of Amendment #1 , the City's Building Inspector would, effective November 18, 2024, perform all building inspection services except those Building Level II or Level Ill projects for which the County has already started the inspection process as of November 15, 2024. In those instances, the County would retain the inspection responsibility through the issuance of a Certificate of Occupancy. In addition, any project requiring a Level Ill electrical inspection would have to be conducted by a third-party until the City's Building Inspector obtains a Level Ill electrical certification . BUDGET IMPACT: The City's monthly $7,500.00 fee to Harnett County will cease and the November 2024, fee will be prorated to $3,750.00 representing County services through November 15, 2024. RECOMMENDED MOTION/ACTION REQUESTED OF COUNCIL Motion to approve Amendment #1 to the City's contract with Harnett County for building inspection services and to authorize the Mayor, or his designee, to execute the amendment. Melissa R. Matti From: Sent: To: Tilghman Pope <tilghman@plgpa.com > Wednesday, November 6, 2024 3:48 PM Billy R. Godwin Cc: Subject: Steven W. Neuschafer; Michael S. Johnson; Melissa R. Matti RE: Inspections contract amendment Billy, I have reviewed this document and I am fine with it as it relates to legal form. Just so everyone is clear, as I understand it the County will complete "outstanding inspections" on building project that require Building Level II or Building Level III inspections and once those are completed the Agreement terminates. This would make the City responsible for "new" inspection requests that require those certifications. If we need to discuss, please let me know. Thanks, Tilghman From: Billy R. Godwin <bgodwin@dunn-nc.org> Sent: Monday, November 04, 2024 11:52 AM To: Tilghman Pope <tilghman@plgpa.com> Cc: Steven W. Neuschafer <sneuschafer@dunn-nc.org>; Michael S. Johnson <msjohnson@dunn-nc.org>; Melissa R. Matti <mmatti@dunn-nc.org> Subject: FW: Inspections contract amendment Tilghman - I meant to send this to you at the end of last week. It's an amendment (prepared by the County staff atty) to the City's contract with the County for Building Inspection Services. Now that we've got an inspector, the scope of services needed by the City has diminished and those are modified accordingly in the amendment. This must be approved by the County and City. We plan to put this on the Council Agenda for next Tuesday since the cutoff date is November 18 as currently drafted. Let me know if you see any issues with this Amendment. I've copied Slater Johnson our Building Inspector on this email. Also, Melissa, please add this to the Agenda for next Tuesday. I'll prepare the Abstract ... Billy From: Brad Sutton <bsutton@harnett.org> Sent: Thursday, October 31, 2024 1:14 PM To: Steven W. Neuschafer <sneuschafer@dunn-nc.org>; Billy R. Godwin <bgodwin@dunn-nc.org> Subject: Inspections contract amendment Gentlemen, 1 NORTH CAROLINA COUNTY OF HARNETT BUILDING INSPECTION SERVICES AGREEMENT AMENDMENT #1 THIS BUILDING INSPECTION SERVICES AGREEMENT AMENDMENT #1 ("Amendment #1") is made and entered into with an effective date of November 1, 2024 by and between the COUNTY OF HARNETT, a body politic and corporate of the State ofNorth Carolina (hereinafter referred to as "Harnett"), and CITY OF DUNN, a municipal corporation, organized and existing under the laws of the State ofN01th Carolina., (hereinafter referred to as "City"). WHEREAS, Hamett and City entered into an Agreement on June 1, 2022 (hereinafter referred to as the "Agreement") where HARNETT is to provide Building Inspection Services for the City; and WHEREAS, the City desires to take over building inspection services within its jurisdiction; and WHEREAS, the Parties desire to terminate the Agreement to effectuate an orderly transition of services from Hamett to the City. NOW, THEREFORE, in consideration of the mutual benefits, representations, and agreements contained herein and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Section 3. Services Provided by Inspections Department. The following paragraph shall be added to the end of the Section: Hamett shall cease reviewing plans for all new building projects and performing building inspections for building projects within the City's jurisdiction. as of the strut of business on November 18, 2024. The City shall be responsible for reviewing all plans and conducting code enforcement inspections on all new building projects and existing building projects as of November 18, 2024. Notwithstanding the forgoing, Hainett shall continue to conduct inspections for building projects that require Building Level II or Building Level III Code Enforcement inspections where Hamett has started the inspection process as of the close of business on November 15, 2024. Hamett will complete all inspections through the issuance of a Certificate of Occupancy on all such identified building projects. 1 2. Section 6. Term of the Agreement, Amendment and Termination. The following paragraph shall be added to the end of the Section: Notwithstanding the foregoing, the Term of the Agreement shall be extended until Harnett has completed all outstanding inspections on building projects that require Building Level II or Building Level III Code Enforcement inspections that have been commenced by Hamett. The Agreement shall terminate upon completion of all outstanding inspections, unless te1minated earlier in writing. 3. All other terms of the Agreement not expressly amended by this Amendment #1 will remain unchanged and in effect. IN WITNESS WHEREOF, the parties hereto, through their duly authorized representatives or officers have executed this Amendment #1 as to the date and year first above written. CITY OF DUNN By:--------------William P. Elmore Jr., Mayor Date: -------------- COUNTY OF HARNETT: By:-------------- William Morris, Chaitman Date: -------------- This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Cary McNallan, Dunn Finance Director Kimberly Honeycutt, Harnett County Finance Officer 2 STATE OF NORTH CAROLINA BUILDING INSPECTION SERVICES AGREEMENT COUNTY OF HARNETT This Agreement is made and entered into as of this the 1st day of June 2022 by and between the County of Harnett, a body politic, organized and existing under the laws of the State ofN011h Carolina (hereinafter referred to as "Harnett") and the City of Dunn, a municipal corporation, organized and existing under the laws of the State of North Carolina (hereinafter referred to as "City"). WITNESS ETH: WHEREAS, the Governing Bodies hereby find and declare that interlocal cooperation for building inspection services is a necessity in that such cooperation allows for increased uniformity in the enforcement of the No1th Carolina State Building Code, development of consistent goals and objectives, more efficient coordination, administration and delivery of inspection services; and that as a result the public health, safety, and welfare will be better served by the implementation of this Agreement. NOW THEREFORE, for and in consideration of sums to be paid as provided herein and the performance of the terms and conditions contained in this Agreement, the sufficiency of which is hereby acknowledged by both pa1ties, said parties hereto agree as follows: Section 1. Purpose. The purpose of this Agreement is to provide cooperation for building inspection services and to provide for the administration necessary to effectuate that endeavor. Section 2. Definitions. The words defined in this section shall have the following meanings when used in this Agreement, unless otherwise defined or explained hereafter: A. "Applicable Codes" means the following portions of the N.C. State Building Code: Building, Accessibility, Plumbing, Mechanical, Electrical, Fuel Gas, Energy, Existing Buildings, and Residential Codes, and the No1th Carolina Administration and Enforcement Requirements Code. "Applicable Codes" do not include the Fire Prevention Code; local residential housing codes; and/or minimum housing codes; or general periodic inspections for purposes of condemnation of residential and non- residential structures. B. "County" shall mean the County of Harnett. C. "Inspections Depaitment" means Harnett County Inspections Department. The Inspections Department shall employ or contract with building inspectors certified by 1 the State of N01th Carolina in the trades of Plumbing, Mechanical, Electrical, and General Building. D. "Building Inspection Services" includes review of building plans, issuing or denying permits, making necessary inspections including issuing or denying certificates of compliance, issuing orders to c01Tect violations, and ensuring that inspection results records are kept, all according to the Applicable Codes and North Carolina General Statutes. E. ''North Carolina State Building Code" means the current edition of the No1ih Carolina Building Codes, as adopted by the N01th Carolina Building Code Council (which includes, by reference, the N01ih Carolina Building, Accessibility, Plumbing, Mechanical, Electrical, Fuel Gas, Energy, Existing Buildings, and Residential Codes, and the N01th Carolina Administration and Enforcement Requirements Code). F. "City" shall mean the City of Dunn. Section 3. Services Provided by Inspections Department. The Inspections Department shall provide to City, Building Inspection Services for Applicable Codes in the tenitorial boundaries of the City. The Inspections Department shall provide such management, planning, regulatory, and administrative and support services as are reasonably necessary to provide Building Inspection Services. Section 4. Compensation and Payment. Compensation for Building Inspections Services as provided pursuant to this Agreement shall be Seven Thousand Five Hundred Dollars ($7,500.00) per month, paid by City to County no later than the fifth day of the month in which inspection services are to be provided. All documentation and fees for Building Inspection Services shall be collected by City. Section 5. Legal Representation and Liability. The City Attorney shall provide legal suppo1t and representation for City for all enforcement actions taken by the Inspections Department on behalf of City on issues arising from enforcement actions taken within and on behalf of City's jurisdiction by the Inspections Depa1iment. To the fullest extent allowable by North Carolina law, County shall have no liability regarding such enforcement actions and City shall hold County harmless for any and all claims, liabilities, losses, damages, costs, or expenses arising out of, or relating to the provision of services provided by County to City hereunder, except for those acts caused by the sole negligence of County. City and County waive special, incidental, indirect, or consequential damages, including lost profits, good will, revenues or savings, for claims, disputes or other matters in question arising out of or relating to this Agreement. This limitation of liability will survive the expiration or termination of this Agreement. Section 6. Term of Agreement, Amendment and Termination. The term of this Agreement shall commence on June 1, 2022 and shall run month to month. This Agreement may be amended from time to time upon the mutual consent of City and County expressed in writing. Either pa1ty may terminate this Agreement for any reason upon thirty (30) days written notice to 2 the other party. Termination shall not relieve City of financial obligations incw-red prior to termination. Section 7. Documents and Records. City is the owner and custodian of all records pertaining to City inspections. City shall furnish or cause to be furnished .to Inspections Department all such repo1ts, data, studies, plans, specifications, documents, or other information deemed necessary by Inspections Department for proper performance of County's services. County may rely upon the documents so provided in performing the services required under this Agreement; provided however, County assumes no responsibility or liability for their accuracy. Section 8. No Third-Party Beneficiary. Nothing contained in this Agreement shall create a contractual relationship with or cause of action in favor of a third party against either Party. Section 9. Severance Clause. In the event any provision of this Agreement is adjudged to be not enforceable or found invalid, such provision shall be stricken and the remaining provisions shall be valid and enforceable. Section 10. Entire Agreement. This Agreement represents the entire agreement between County and City and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may only be amended by written instrument signed by County and City. Section 11. Notices. All notices or other communications which shall be made pursuant hereto shall be in writing and shall be deemed to be given and received (a) when hand delivered to the addre$S stated below, (b) three (3) days after being mailed to the address stated below, postage prepaid by certified or registered mail of the United States, return receipt requested to the address set f 01th below: TO: City of Dunn 401 E. Broad St. Dunn, NC 28334 Attn: City Manager With a Copy to: P. Tilghman Pope Pope Law Group, P.A. 403 W. Broad Street Dunn, N01th Carolina 28334 TO: County of Harnett 420 McKinney Parkway (physical) PO Box 65 (mail) Lillington, North Carolina 27546 Attn: Development Services Director 3 With Copy to: County Staff Attorney 455 McKinney Parkway (physical) PO Box 238 (mailing) Lillington, North Carolina 27546 Either party to this Agreement may change its designated person or designated address at any time and from time to time by giving notice of such change to the other paity in the manner set forth above. Section 12.· Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the State of North Carolina. The N01th Carolina State Courts located in Harnett County, Nmth Carolina shall have jurisdiction to hear any dispute under this Agreement and legal or equitable proceedings by either party must be filed in Harnett County, North Carolina. IN WITNESS WHEREOF, the patties hereto, through their duly authorized representatives or officers have executed this Agreement as to the date and year first above written. (The remainder of this page left blank intentionally) 4 COUNTY OF HARNETT By:~~~ £ewis W ~hairman ATTEST: CITY OF DUNN By: ATTEST: This instrument has been pre-audited in the manner required by the Local Government Budget & Fiscal Control Act. 5 STATE OF NORTH CAROLINA COUNTY OF HARNETT I, ,Ja.tme,, C 2:>eJ l Ro.. i~ , a Notary Public, of the County and State aforesaid, certify that Lewis W. Weatherspoon, o being by ·me duly sworn, says that he is Chairman of the Board of Commissioners of Harnett County, and that Melissa Capps is Clerk of said Board, that the seal affixed to the foregoing and attested instrument is the seal of Harnett County, North Carolina, and that said instrument was signed by him as Chairman of the Board of Commissioners of said County and by the Clerk of said Board, who affixed the official seal of Harnett County to said instrument; and that the said Lewis W. Weatherspoon, Chairman of the Board of Commissioners, acknowledged said instrument to be the act and deed of Hamett County, North Carolina. Witness my hand and Notarial Seal, this the \..e¼ day of Ju..\l"Y__ , 2022. Notary Public Printed Name My Commission Expires: C\ • 0\.. c}Dalp 6 NORTH CAROLINA COUNTY OF HARNETT I, :..:,,.CL!.!..JLL>.L....>LL:......>...D,,,,:.L..J....Ju.,..:....µ:::..i-1----' a Notary Public of the County and State aforesaid, certify William P. Elmore, Jr. rsonally came before me this day and acknowledged that he is Mayor of the City of Dunn, a municipal corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Mayor, sealed with its corporate seal and attested by Tammy Williams as its City Clerk. Witness my hand and official stamp or seal, this _J_i_ day of _J" wne ~])-~ ' Notary Public~ Notary Public Printed Name My Commission Expires: D q / Q(p f d()i), 3 I I 7 m l)lJNN • NORTH CAROLINA City Council Agenda Item Meeting Date: November 12, 2024 SUBJECT TITLE Consideration of NC Building Resilient Infrastructure & Communities (BRIC) Grant Agreement PRESENTER/DEPARTMENT City Manager, Steven Neuschafer ATTACHMENT($) Grant Agreement PUBLIC HEARING PUBLISH DATES N/ A PURPOSE: To authorize and name Assistant City Manager, Billy Godwin , as the designated agent for the NC Building Resilient Infrastructure and Commun ities Planning Agreement for the Raw Water Pump Station Improvement Project. BACKGROUND: The City adopted the Capital Budget and Budget Amendment for this project in August of 2024. The City of Dunn intends to make improvements to the Raw Water Pump Station located in Erwin, NC near the Cape Fear River. The City has received a Building Resilient infrastructure and Communities (BRIC) grant of $6,438,975 to be used towards the funding of this project. The City has also received a state funding appropriation in the amount of $7, 1 M that is to be used for water and sewer infrastructure projects, the use of a portion of the state funding to be allocated towards this project. The estimated cost of this project is $9,094 ,222. This first phase of the project, what the planning agreement covers, will include grant administration and engineering. $1 ,154,790. BUDGET IMPACT: This Phase of the project will require approximately $329,940 from the City's approved funding. Project EMA-20022-BR-001-0045 CFDA: 97.047 RECOMMENDED MOTION/ACTION REQUESTED OF COUNCIL Motion to direct Assistant Manager Billy Godwin to execute the North Carolina Building Resilient Infrastructure and Communities Grant Agreement. PROJECT: EMA-2022-BR-001-0045 CFDA: 97.047 NORTH CAROLINA BUILDING RESILIENT INFRASTRUCTURE AND COMMUNITIES GRANT AGREEMENT THIS BUILDING RESILIENT INFRASTRUCTURE AND COMMUNITIES (BRIC) PLANNING AGREEMENT (the Agreement) is entered into by and between the State of North Carolina, Department of Public Safety referred to as the "AGENCY/ GRANTEE"), and the City of Dunn, North Carolina (hereinafter referred to as the "RECIPIENT/ SUBGRANTEE"). WHEREAS, Congress authorized financial assistance to States and communities for pre- disaster mitigation activities; and WHEREAS, the Federal Emergency Management Agency recognizes a need to provide States and communities with much needed source of pre-disaster mitigation funding for cost- effective hazard mitigation activities that are part of a comprehensive mitigation program, and that reduce injuries, loss of life, and damage and destruction of property; and WHEREAS, the Department of Homeland Security and the Federal Emergency Management Agency issued the Notice of Funding Opportunity (NOFO) for the FY 2022 Building Resilient Infrastructure and Communities that makes federal funds available to states, US territories, eligible Indian Tribal govenunents, and local communities for pre-disaster mitigation activities; and WHEREAS, the No11h Carolina Emergency Management Act, N.C.G.S. § 166A-19 et. filill., N.C.G.S. §166A-19.41(b)(2)a.3., N.C.G.S. §143B-1000; §203 and §322, 42 U.S.C. 5133 and 5165, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §5121 et seq., as amended, and the Disaster Mitigation Act of 2000, 42 U.S.C. 5131 et. seq., the Disaster Recovery Reform Act of 2018 (DRAA), et. seq., and the National Flood Insurance Program, 42 U.S.C. 4011 et. seq. authorizes the relationship as described herein; and WHEREAS, the RECJPJENT/SUBGRANTEE represents that it is fully qualified, possesses the requisite skills, knowledge, qualifications and experience to provide the services identified herein, and does agree to perform as described herein; NOW, THEREFORE, the AGENCY/GRANTEE and the RECIPIENT/ SUBGRANTEE do mutuall y agree as follows: Building Resilient Infrastructure and Communities (BRIC) Grant Agreement Page 1 EMA-2022-BR-00 1-0045 City of Dunn Allowable costs shall be determined in accordance with the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §5121 et seq., as amended, and the Disaster Mitigation Act of 2000, 42 U.S.C. 5131 et. seq.; the Disaster Recovery Reform Act of 2018 (DRAA), et. seq; the National Flood Insurance Program, 42 U.S.C. 4011 et. seq.; 2 C.F.R. Part 200; 0MB Circular A- 87 if applicable, N .C.G.S. § l 66A-4 l (b )(2)b., and other applicable Building Resilient Infrastructure and Communities Program (BRIC) guidance. If funding for the BRIC program project is used for an "infrastructure" project, all iron, steel, manufactured products, and construction materials used in the project must be produced in the United States. The RECIPTENT/SUBGRANTEE must also ensure that all contracts (including purchase orders) subject to the Build America Buy America Act (BABAA) include a required contract clause and self- certification of compliance pursuant to HMA Guidance, 2 C.F.R. 200.322, 2 C.F.R. Part 184, and 0MB Memorandum M-24-02, Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure. If funding for the BRIC program project does not involve actual construction but instead involves only planning, engineering, or design work, the Build America Buy America Act (BABAA) does not apply as the project does not involve construction. However, if the project is part of an awarded phased BRIC project that later involves infrastructure construction or if the planning, engineering, or design work contemplates application for a future BRIC program project, the Build America Buy America Act (BABAA) will apply to any subsequent construction of a phased project or will be a requirement for any future BRIC program construction infrastructure project. All planning, engineering, and design work should account for the subsequent BA BAA requirement in any planning, engineering, or design work as it applies to the particular project. The RECIPIENT/SUBGRANTEE shall utilize the designated submission platform to obtain reimbursement funds under this Agreement. RECIPIENT/ SUBGRANTEE shall not receive funds under this Agreement if it does not submit the appropriate documentation. To receive funds under this Agreement, REClPlENT/SUBGRANTEE shall complete the Designated Agent Form and forward it to the appropriate Division of Emergency Management BRIC Program Project Manager. As per Paragraph 12(c) of this Agreement, if RECIPIENT/ SUBGRANTEE designates different representatives or designated agents, REClPlENT/SUBGRANTEE shall notify AGENCY/GRANTEE immediately and update the Designated Agent Form to continue receiving reimbursements. To receive reimbursement funding under this Agreement, the Designated Agent shall sign and submit the appropriate documentation and forms in the designated submission platform. RECTPIENT/SUBGRANTEE shall complete Building Resilient Infrastructure and Communities (BRIC) Grant Agreement Page 3 EMA-2022-BR-00 1-0045 City of Dunn (5) PERIOD OF AGREEMENT/PERIOD OF PERFORMANCE This Agreement becomes effective upon execution of the signatures of all parties. The date of execution shall be the date of the last signature. This Agreement shall terminate 120 days after the expiration of the Period of Performance or unless terminated earlier in accordance with the provisions of paragraphs (6), (8), (11), (13) or (17) of this Agreement. The Period of Performance (POP) expires on January 31, 2027. The POP may be extended beyond the original date by extensions that the State may request, and FEMA may grant. If the City believes it will require a POP extension, the City is required to submit a POP-extension request to the State at least 120 days before the expiration of the POP. All work must be completed by the POP date. Project costs and management costs incurred after the Period of Performance are not eligible for reimbursement. If the initial POP is extended, the State will notify the City of such an extension prior to the expiration of the POP and will seek a Modification per Section 6 of this Agreement. If the original POP is not extended, the State will notify the City of the expiration of the POP. In the event the POP is not extended, the City will be required to submit all documents necessary for closeout contemplated under this Agreement within 30 days of the expiration of the POP. (6) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes, which are mutually agreed upon, shall be valid only when reduced in writing, duly signed by each of the parties hereto, and attached in the original of this Agreement. (7) RECORD KEEPING, PROCUREMENT AND PROPERTY MANAGEMENT (a) If applicable, RECTPIENT/SUBGRANTEE's performance under this Agreement shall be subject to 2 C.F.R. Pa1i 200 "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards", Subpart B "General Provisions." (b) If applicable, all financial and programmatic records, supporting documents statistical records and other records of RECIPIENT/ SUBGRANTEE shall be retained pursuant to 2 C.F.R. Part 200 and 9 NCAC Part 3M. All original records pe1tinent to this Agreement shall be retained by the RECTPTENT/SUBGRANTEE for five years following the date of termination of this Agreement or of submission of the final closeout report, whichever is later, with the following exception: Building Resilient Infrastructure and Communities (BRIC) Grant Agreement Page 5 EMA-2022-BR-00 1-0045 City of Dunn Non-Federal Share. RECIPIENT/SUBGRANTEE shall provide a business plan to AGENCY/SUBGRANTEE regarding the method of procurement of contractors and subcontractors to implement the project in the approved application in accordance with 2 C.F.R. Part 200 and other applicable federal, state, and local requirements. RECTPIENT/SUBGRANTEE shall submit a copy of its Procurement Letter to AGENCY/GRANTEE that identifies the method of procurement and procurement policies and procedures for the procurement of its contractors. RECIPIENT/SUBGRANTEE shall provide AGENCY/GRANTEE copies of RECIPIENT's procurement document (Invitation For Bids, Request For Proposal, etc.), advertisement of the procurement, responses received, selected or awarded bid or contractor, and contracts. RECIPIENT/SUBGRANTEE's Project Management Schedule and its Budget are due to AGENCY/GRANTEE forty-five (45) days from the date of execution of the grant agreement. The Project Management Schedule, Budget, Progress Reports, and other reports shall indicate the status and completion date for each project funded, any problems or circumstances affecting completion dates, or the scope of work, or the project costs, and any other factors reasonably anticipated to result in noncompliance with the terms of the grant award. Interim inspections shall be scheduled by the RECIPIENT/SUBGRANTEE prior to the final inspection and may be requested by the AGENCY/GRANTEE based on information supplied in the progress reports. The AGENCY/GRANTEE may require additional reports as needed. The RECIPIENT/ SUBGRANTEE shall, as soon as possible, provide any additional reports or documentation requested by the AGENCY /GRANTEE. The AGENCY/ GRANTEE contact will be the Division of Emergency Management Hazard Mitigation Grant Program Project Manager or Hazard Mitigation Specialist for all reports and requests for reimbursement. (b) RECTPIENT/SUBGRANTEE shall provide the AGENCY/GRANTEE with a closeout report on forms provided by the AGENCY/GRANTEE. The closeout report, all outstanding reimbursements requests, and all other financial, performance, and other reports as required by the terms and conditions of the Federal award and this Agreement are due no later thirty (30) days after termination of this Agreement or upon completion of the activities contained in this Agreement or upon the expiration of the Period of Performance, whichever is earlier. Building Resilient Infrastructure and Communities (BRIC) Grant Agreement Page 7 EMA-2022-BR-00 1-0045 City of Dunn For purposes of this agreement, RECIPIENT/SUBGRANTEE agrees that it is not an employee or agent of the AGENCY/GRANTEE, but is an independent contractor. (c) RECTPJENT/SUBGRANTEE who is a state agency or subdivision, agrees to be fully responsible for its own negligent acts or omissions or tortious acts. Nothing herein is intended to serve as a waiver of sovereign immunity by any RECIPIENT/ SUBGRANTEE to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of North Carolina to be sued by third parties in any matter arising out of any contract. (11) DEFAULT: REMEDIES: TERMINATION a) If any of the following events occur ("Events of Default"), all obligations on the part of the AGENCY/GRANTEE to make any further payment of funds hereunder shal l, if the AGENCY/GRANTEE so elects, terminate, and the AGENCY/GRANTEE may at its option exercise any of its remedies set forth herein, but the AGENCY/GRANTEE may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the ri ght to exercise such remedies , and without becoming liable to make any fu1ther payment: 1. 2. lf any warranty or representation made by the RECIPIENT/ SUBGRANTEE in this Agreement or any previous Agreement with the AGENCY/GRANTEE shall at any time be false or misleading in any respect, or if the RECTPTENT/SUBGRANTEE shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the AGENCY/GRANTEE and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; lf any material adverse change shall occur in the financial condition of the RECTPTENT/SUBGRANTEE at any time during the term of this Agreement from the financial condition revealed in any repo1ts filed or to be filed with the AGENCY/GRANTEE, and the RECIPIENT/SUBGRANTEE fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the AGENCY/GRANTEE; 3. If any reports required by this Agreement have not been submitted to the AGENCY/GRANTEE or have been submitted with Building Resilient Infrastructure and Communities (BRJC) Grant Agreement Page 9 EMA-2022-BR-00 1-0045 City of Dunn subject to disclosure under N.C. General Statutes. (d) Termination for Convenience: If this contract contemplates deliveries or performance over a period of time, the AGENCY/GRANTEE may terminate this Agreement at any time by providing fifteen (15) days' notice in writing from the AGENCY/GRANTEE to the RECJPJENT/SUBGRANTEE. In that event, any or all finished or unfinished deliverables prepared by the RECJPJENT/SUBGRANTEE or its contractors or subcontractors under this Agreement shall, at the option of the AGENCY/GRANTEE, become its property. lfthe Agreement is terminated by the AGENCY/GRANTEE as provided in this section, the AGENCY/GRANTEE shall reimburse for those eligible items for which such option is exercised, less any payment or compensation previously made. (e) Suspension or termination constitutes final AGENCY/GRANTEE action. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. (f) The RECJPJENT/SUBGRANTEE shall return funds to the AGENCY/ GRANTEE if found in non-compliance with laws, rules, regulations governing the use of the funds or this Agreement. (g) Notwithstanding the above, the RECJPJENT/SUBGRANTEE shall not be relieved of liability to the AGENCY/GRANTEE by virtue of any breach of Agreement by the REClPlENT/SUBGRANTEE. The AGENCY/ GRANTEE may, to the extent authorized by law, withhold any payments to the RECJPJENT/SUBGRANTEE for purpose of set-off until such time as the exact amount of damages due the AGENCY/GRANTEE from the RECIPIENT/ SUBGRANTEE is determined. (12) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement shall be in writing, first class, certified mail, return receipt requested, to the representative or designated agent(s) identified below and said notification attached to the original of this Agreement. If the RECIPIENT/SUBGRANTEE designates different representatives or designated agents, REClPIENT/SUBGRANTEE shall notify AGENCY/GRANTEE immediately and update the Designated Agent Form to continue receiving reimbursements. (b) The name and address of the AGENCY/GRANTEE contract manager for this Agreement is: Building Resilient Infrastructure and Communities (BRIC) Grant Agreement Page 11 EMA-2022-BR-001-0045 City ofDunn filed in State Court in Wake County, North Carolina. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) No waiver by the AGENCY/GRANTEE of any right or remedy granted hereunder or failure to insist on strict performance by the RECIPIENT/ SUBGRANTEE shall affect or extend or act as a waiver of any other right or remedy of the AGENCY/GRANTEE hereunder, or affect the subsequent exercise of the same right or remedy by the AGENCY/ GRANTEE for any further or subsequent default by the RECIPIENT/ SUBGRANTEE. Any power of approval or disapproval granted to the AGENCY/ GRANTEE under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) All National Flood Insurance Program documentation and repetitive loss information will bear the notice: "The information contained in this document is legally privileged and confidential. Its use is protected under the Privacy Act of 1974, 5 U.S.C. § 552(a). Use of this information should be restricted to applicable routine use cited in the systems notice published in 56 FR 26415." (14) AUDIT REQUIREMENTS (a) If applicable, RECIPIENT/SUBGRANTEE shall provide the following completed documentation to the AGENCY /GRANTEE: • Subrecipient Authorized Representative; • State-Applicant Disaster Assistance Agreement; • Private Non-Profit Organization Certification (if required); • Summary of Documentation Form itemizing actual costs expended for large project payment requests; • Monthly Progress Reports; • Hard copies of Single Audit Reports within 60 days of close of fiscal year. lfthe RECIPIENT/SUBGRANTEE fails to provide any of the documentation discussed or requested in this Agreement, the AGENCY/GRANTEE will be under no obligation to reimburse the RECIPIENT/SUBGRANTEE for eligible expenses. Building Resilient Infrastructure and Communities (BRIC) Grant Agreement Page 13 EMA-2022-BR-001-0045 City of Dunn applicable FEMA BRIC Notice of Funding Opportunity (NOFO), whichever is longer. However, if litigation or an audit has been initiated prior to the expiration of the five-year period, the records shall be retained until the litigation or audit findings have been resolved. (15) SUBCONTRACTS (a) If the RECIPIENT/SUBGRANTEE subcontracts any or all of the work required under this Agreement, the RECIPIENT/ SUBGRANTEE agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this Agreement with the AGENCY/GRANTEE. (b) The REClPIENT/SUBGRANTEE agrees to include in the subcontract that the subcontractor shall hold the AGENCY/ GRANTEE and RECIPIENT/ SUBGRANTEE harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. (c) If the RECIPIENT/SUBGRANTEE subcontracts, a copy of the executed subcontract must be forwarded to the AGENCY/ GRANTEE within ten (10) days of execution of said subcontract. (d) If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 CFR 200.321 (b )(1 )-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. (e) Contractual arrangement shall in no way relieve the RECIPIENT/ SUBGRANTEE of its responsibilities to ensure that all funds issued pursuant to this grant be administered in accordance with all state and federal requirements. (16) TERMS AND CONDITIONS This Agreement and any exhibits and amendments annexed hereto, and any documents incorporated specifical ly by reference represents the entire Agreement between the parties and supersedes all prior oral and written statements or agreements. (17) ST AND ARD CONDITIONS The REClPIENT/SUBGRANTEE agrees to be bound by the following standard conditions: Building Resilient Infrastructure and Communities (BRIC) Grant Agreement Page 15 EMA-2022-BR-001-0045 City of Dunn (19) FUNDING/CONSIDERATION All funds shall be requested through the appropriate forms and designated submission platform that are provided by the AGENCY/GRANTEE. (20) LOBBYING PROHIBITION No funds or other resources received from the State in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the N .C. General Assembly or any state department. The RECIPIENT/SUBGRANTEE shall comply with the Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352 (as amended). If applicable, the RECIPIENT/SUBGRANTEE must sign and submit to the State the Certification Regarding Lobbying, attached as Attachment C, and incorporated by reference herein. Refer to Attachment C for additional terms and provisions relating to lobbying. (21) LEGAL AUTHORIZATION The RECIPIENT/SUBGRANTEE certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The RECIPIENT/SUBGRANTEE also certifies that the undersigned possesses the authority to legally execute and bind RECJPIENT/SUBGRANTEE to the terms of this Agreement. Pursuant to the North Carolina Emergency Management Act, N.C.G.S. §166A-19.41(b)(2)a.3.; §203 and §322, 42 U.S.C. 5133 and 5165, respectively, of the Robe1t T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §5121 et seq., as amended, the Disaster Mitigation Act of 2000, 42 U.S.C. 5131 et. seq.; The Disaster Recovery Reform Act of 2018, et seq.; the National Flood Insurance Program, 42 U.S.C. 4011 et. seq.; 44 C.F.R. Parts 201 and 206; communities are eligible to apply for Building Resilient Infrastructure and Communities Grant Program (BRIC). Communities on probation or suspended under 44 C.F.R. Patt 60 of the NFJP are not eligible. (22) ASSURANCES The RECJPIENT/SUBGRANTEE shall execute and comply with the Statement of Assurances incorporated as Attachment D and any additional assurances included as part of the FEMA GO Subapplication which is incorporated into this Agreement by reference. Building Resilient Infrastructure and Communities (BRIC) Grant Agreement Page 17 EMA-2022-BR-001-0045 City ofDunn IN WIT ESS WHEREOF, the AGENCY/GRANTEE and the REClPIE T/SUBGRA TEE have each executed this Agreement, this the _____ _ WITNESS: WITNESS: WITNESS: CONTRACTING AGE CY DTVJSJO OF EJ\lfERGE CY MANAGEJ\lfENT DEPARTME T OF PUBLIC SAFETY BY: _____________ _ WILLIAM C. RAY DIRECTOR & DEP TY HOMEL 'D SECURITY ADVISOR DIVISION OF EMERGENCY MANAGEMENT DATE ___ _ BY: _____________ _ BY: CASANDRAS.HOEKSTRA CHIEF DEPUTY SECRETARY ADM! 'ISTRATION DEPARTJ\lfENT OF PUBLIC SAFETY DTE ___ _ --------------- BILLY R. GODWIN ASSISTANT CITY MANAGER CITY OF DUNN FEDERAL ElVlPLOYER l.D. # 56-6001214 DATE. ___ _ APPROVED AS TO PROCEDURES: BY: _____________ _ SHARO MARSALIS Ph.D., BUDGET DIRECTOR DEPARTMENT OF P BLIC SAFETY DATE ___ _ APPROVED AS TO FORM SUBJECT TO EXECUTION BY CASANDRA S. HOEKSTRA, CHIEF DEP TY SECRETARY ADM! 'ISTRATION OF THE DEPARTMENT OF P BLIC SAFETY. DEPART fE T OF PUBLIC SAFETY Building Resilient Infrastructure and Communities (BRIC) Grant Agreement Page 19 EMA-2022-BR-00 1-0045 City ofDunn A-2 Scope of Work Summary The City of Dunn will utilize project funds to complete the design and engineering required to move forward to Phase 2. No construction activities have been approved for this project. This project will be delivered in accordance with the Scope of Work, Budget, and Schedule outlined in the BRlC2022 Subapplication (EMA-2022-BR-0001-0045) titled "City of Dunn Raw Water Electrical Relocation & 24" Line Replacement" in FEMA GO. This Subapplication is incorporated into this Agreement by reference. Approved Phase 1 Budget Item Amount "' " Construction Admin & Closeout $211,500.00 "' Engineering $888,300.00 Sub-Recipient Management Cost / $54,990.00 Ir" Total $1,154,790.00 The City of Dunn will utilize Phase 1 funds to complete the design and engineering required to move forward with Phase 2. The approved scope of work is for Phase 1 only. which includes surveying, engineering, design, plans preparation, permitting and bidding for the proposed project, for Phase 2 approval. No construction activities for this project have been approved. Phase Federal Share SRMC Total Fed Non-federal Total Project (Project Costs) (Federal Share) Share Share Cost (Project and SRMC) (Project+ SRMC) Status 1 $769,860.00 $54,990.00 $824,850.00 $329,940.00 $1 ,154,790.00 Approved 2 $5 ,239,850.00 $374,275.00 $5,614,125.00 $2,245,650.00 $7,859,775.00 Pending Approval -- The sub-applicant must submit the Phase I deliverables below for FEMA 's review and approval. Once all Phase 1 deliverables are received, reviewed, and approved by FEMA, eligible Phase 2 costs will be amended onto the subgrant. Starting any Phase 2 work, or any other ground disturbing activities or construction, without FEMA's written approval could jeopardize the project funding. Phase 1 Deliverables; In addition to a complete, detailed scope of work, updated budget, and updated milestones, Phase I deliverables should include the below: • Engineering calculation, drawings/design, design repo11s to include at a minimum: • Confirm that the technical solution solves the problem to the level of protection. • A narrative clearly identifying the proposed mitigation action and structures to be mitigated, describing the proposed activities, and a clear explanation of how the project will mitigate risk. Building Resilient Infrastructure and Communities (BRIC) Grant Agreement Page 21 EMA-2022-BR-001-0045 City of Dunn B-1 ATTACHMENT B PROGRAM STATUTES AND REGULATIONS The North Carolina Division of Emergency Management as administrators of this Building Resilient lnfrastructure and Communities Grant are governed by the following statutes, regulations, procedures, and policies: (1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5121 et. seq.; (2) 44 C.F.R. Parts 7, 9, 18, 25, 60, 201 , 206, 44 C.F.R. Part 209, 2 CFR Pati 180, 2 C.F.R. Part 200 and any other applicable FEMA policy memoranda and guidance documents; (3) Chapter 166A of the N.C. General Statutes, N.C.G.S. § 166A-19 et.~-, "The N.C. Emergency Management Act"; (4) State of North Carolina Administrative Plan and policies and procedures of the N.C. Division of Emergency Management; (5) The applicable Department of Homeland Security, Federal Emergency Management Agency Notice of Funding Opportunity (NOFO) for BRIC; (6) All applicable laws and regulations delineated in Attachments D&E of this Agreement; (7) All applicable laws, ordinances, codes, rules, regulations, licensing requirements, and other regulatory matters that are applicable to the work performance under this Agreement, including those of federal, state and local agencies having appropriate jurisdiction. Building Resilient Infrastructure and Communities (BRIC) Grant Agreement Page 23 EMA-2022-BR-00 1-0045 City of Dunn Build America, Buy America Act Self-Certification for Contracts and Subcontracts For FEMA financial assistance programs subject to Build America, Buy America Act (BA.BAA), contractors and subcontractors must sign and submit the following certification to the next tier (e.g., subcontractors submit to the contractor; contractors submit to the non-federal entity) each bid or offer for an infrastructure project that has not been waived by a BA.BAA waiver: The undersigned certifies, to the best of their knowledge and belief, that: BA.BAA requires that no federal financial assistance for ".infrastructure" projects is provided "unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States." Section 70914 of Public Law No. 117-58, §§ 70901-52. The undersigned certifies that for the __________ (Project Name and Location) that the iron, steel, manufactured products, and construction materials used in this contract are in full compliance with the BA.BAA requirements including: 1. All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. 2. All manufactured products purchased with FEMA financial assistance must be produced in the United States. For a manufactured product to be considered produced in the United States, the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55% of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation. 3. All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States. "The [Contractor or Subcontractor], _Name/Title _________ ~ certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the [Contractor or Subcontractor] understands and agrees that the provisions of31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any." Signature of [Contractor's or Subcontractor's] Authorized Official ame and Title of [Contractor's or Subcontractor's] Authorized Official Date Building Resilient Infrastructure and Communities (BRIC) Grant Agreement Page 25 EMA-2022-BR-001-0045 City of Dunn D-2 (e) Where applicable, it will comply with: (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 3701 et seq. -In accordance with 29 CFR 5.S(b)(l)-(4): (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-halftimes the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b )(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watclunen and guards, employed in violation of the clause set forth in paragraph (b)(l) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the oveitime wages required by the clause set forth in paragraph (b)(l) of this section. (3) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b )(2) of this section. Building Resilient Infrastructure and Communities (BR1C) Grant Agreement Page 27 EMA-2022-BR-00 1-0045 City of Dunn subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA. Federal Water Pollution Control Act. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq. The contractor agrees to report each violation to the RECIPTENT/SUBGRANTEE and understands and agrees that the RECIPTENT/SUBGRANTEE will, in turn, report each violation as required to assure notification to the AGENCY /GRANTEE, Federal Emergency Management Agency (FEMA), and the appropriate Environmental Protection Agency Regional Office. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA. (7) Suspension and Debarment. This contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such, the contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). The contractor must comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by RECIPIENT/SUBGRANTEE. If it is later determined that the contractor did not comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, in addition to remedies available to RECIPIENT/SUBGRANTEE, the federal government may pursue available remedies, including but not limited to suspension and/or debannent. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Pait 180, subpart C and 2 C.F.R. Part 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (I) During the performance of this contract, the RECIPIENTISUBGRANTEE agrees it will comply with: (1) The RECIPlENT/SUBGRANTEE will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The RECIPTENT/SUBGRANTEE will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual 7 See 2 C.F.R. Part 200, Appendix II, § C. Contract Provisions Guide 11 Building Resilient Infrastructure and Communities (BRIC) Grant Agreement Page 29 EMA-2022-BR-001-0045 City of Dunn investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for fu11her Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other Contract Provisions Guide 12 sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The RECIPIENT/SUBGRANTEE will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The RECTPTENT/SUBGRANTEE will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The RECIPIENT/SUBGRANTEE further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the RECIPIENT/SUBGRANTEE so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The RECTPTENT/SUBGRANTEE agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Building Resilient Infrastructure and Communities (BRIC) Grant Agreement Page 31 EMA-2022-BR-001-0045 City of Dunn (4) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and election for training and apprenticeship. (g) The REClPIENT/SUBGRANTEE agrees to comply with Titles I, II, III, IV and V of the Americans With Disabilities Act of 1990 (prohibiting discrimination on the basis of disability). (h) The Copeland "Anti-Kickback" Act. Contractor. REClPIENT/SUBGRANTEE shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this Agreement. Subcontracts. The RECIPIENT/SUBGRANTEE or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. (i) It will comply with the provision of the Hatch Act, as amended, 5 U.S.C. 1501 et. seq. and 7324 et. seq. which limits the political activity of employees. U) It will comply with the flood insurance purchase requirements of Section I 02(a) of the Flood Disaster Protection Act of 1973, Pub. L. 93-I 56, 87 Section 975, approved December 31 , 1973, as amended, 42 U.S.C. 40001 et. seq. Further, Section 102 and 103 (42 U.S.C. 4012a and 4015) required, on and after March 2, 1974, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area, that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. Building Resilient Infrastructure and Communities (BRIC) Grant Agreement Page 33 EMA-2022-BR-001-0045 City of Dunn designated items unless the product cannot be acquired competitively within a timeframe providing for compliance with the contract performance schedule, meeting contract performance requirements, or at a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https :/ /www.epa.gov/smm/com prehensive-procurement-guide! ine-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. See also 2 C.F.R. 200.323. (u) Prohibition on Contracting for Covered Telecommunications Equipment or Services. (a) Definitions. As used in this clause, the terms back.haul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1 , Prohjbitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause- (b) Prohibitions. (1) Section 889(b) of the Jolm S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug. 13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or Building Resilient Infrastructure and Communities (BRIC) Grant Agreement Page 35 EMA-2022-BR-00 1-0045 City of Dunn about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional effo1is that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. (v) Domestic Preference for Procurements. As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel , cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. (w) The RECTPIENT/SUBGRANTEE shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. The RECIPIENT/SUBGRANTEE shall include this provision in any subcontracts. (x) RECIPIENT/SUBGRANTEE certifies that it: (1) Is not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from participating in Federal or State grants or awards by any Federal or State department or agency; and (2) Has not within a three-year period preceding this contract been convicted of or had a civilian judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or perfonning a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Building Resilient Infrastructure and Communities (BRIC) Grant Agreement Page 37 EMA-2022-BR-001-0045 City of Dunn RECTPTENT/SUBGRANTEE or under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and State law to perform such work. No person who is serving a sentence in penal or correctional institution shall be employed to work under this Contract. (ee) Program Fraud and False or Fraudulent Statements or Related Acts. RECIPIENT/SUBGRANTEE acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the Contract. (ff) System for Awards Management. Vendor shall be responsible to ensure that it has checked the federal System for Awards Management (SAM) https://www.sam.gov/SAM/ and the State Debarred Vendors Listing, https://ncadmin.nc.gov/documents/nc-debarred-vendors to verify that Contractors or sub-Recipientshave not been suspended or debarred from doing business with federal or State government. Building Resilient Infrastructure and Communities (BRJC) Grant Agreement Page 39 EMA-2022-BR-001-0045 City of Dunn ~DUNN • NORTH CAROLINA City Council Agenda Item Meeting Date: November 12, 2024 SUBJECT TITLE Consideration of the acceptance of a Small Rural Tribal Micro-Grant for Body-Worn Cameras PRESENTER/DEPARTMENT Chief Cary A. Jackson ATTACHMENT(S) None PUBLIC HEARING PUBLISH DATES N/ A PURPOSE: To authorize the Police Department to accept funding from the Small Rural Tribal Body-Worn Camera Micro- Grant Program . BACKGROUND: The Police Department currently requires the use of body-worn cameras by all officers as mandated by departmental policy. This policy follows State and National standards that align with those required by our CALEA accreditation. Body-worn cameras are a critical tool for gathering evidence, providing transparency, and ensuring accountability. The current WatchGuard body camera system was purchased in 2018 and includes a server for video storage and both body-worn and in-car video systems. The current cameras have offered reliable service; however, many of the devices have become non-operational or damaged, requiring replacement. At the end of 2022, the WatchGuard company was acquired by Motorola and currently only offers refurbished cameras as replacements for non-operational cameras. The department has replaced seven cameras since January 2024 at a cost of $3,500.00 for the refurbished replacements. Therefore, it is necessary for the department to upgrade devices to continue to comply with departmental policies and national standards. This will help our agency maintain the high level of integrity and accountability. BUDGET IMPACT: The award is a matching grant up to $16,338.00. RECOMMENDED MOTION/ACTION REQUESTED OF COUNCIL Motion to authorize the Police Department to accept funding from the Small Rural Tribal Body-Worn Camera Micro-Grant Program . ml DUNN • NORTH CAROLINA City Council Agenda Item Meeting Date: November 12, 2024 SUBJECT TITLE Consideration of Tentative Bid Award for Effluent Line & Pump Station Bids PRESENTER/DEPARTMENT City Manager, Steven Neuschafer ATTACHMENT(S) Yes -Resolution and Capital project ordinance PUBLIC HEARING PUBLISH DATES PURPOSE: To tentatively award the Black River Wastewater Treatment Plant Effluent Project. BACKGROUND: There are two contracts associated with the project: Contract 1; is the pipi ng contract which is the pipeline that conveys the treated water back to the Cape Fear River. Contract 2; is for a new electrical building and refurbishment of existing effluent pumps. Bids were received by the City of Dunn on September 19, 2024 for the above referenced Effluent Conveyance Contract 1 and Contract 2 projects. A total of four (4) bids were submitted for Contract 1 (Effluent Forcemain), which included both a Base Bid and an Alternate Bid. A total of three (3) bids were received for Contract 2 (Effluent PS). The City has chosen to award Contract 1 based upon the bid alternate to include over 4,800 feet of directional boring . The tentative award is to allow for the State of North Carolina Department of Environmental Quality to concur with the bidding process, associated approvals and funding allocation of the project. BUDGET IMPACT: The award is a portion of the total project budget, see attachments for the project ordinance breakdown, the total project cost is budgeted at $17,664,715 funded by ARPA and State funding . RECOMMENDED MOTION/ACTION REQUESTED OF COUNCIL Motion to tentatively award Contract 1 to Park Construction of N.C. of Morrisville, NC for the Effluent Forcemain in the amount of $12 ,695,775 and Contract 2 to J. Cumby Construction of Cookeville, TN for the Effluent Pump Station in the amount a-:-m.-~...- of $2,283,000, and approve the related Capital Project Ordinance Amendment. RESOLUTION OF TENTATIVE A WARD WHEREAS, the City of Dunn, North Carolina has received bids, pursuant to duly advertisement notice therefore, for construction of the Effluent Conveyance Improvements for Contract 1 & Contract 2 American Rescue Plan-Earmark Project No. SRP-W-ARP-0288, and WHEREAS Davis-Martin-Powell & Associates (Consulting Engineers) have reviewed the bids; and WHEREAS, Park Construction of N.C. was the lowest bidder for the Effluent Conveyance Contract 1 -Effluent Forcemain (SRP-W-ARP-0288), in the total bid amount of $12,695,775, and WHEREAS, J. Cumby Construction was the lowest bidder for the Effluent Conveyance Contract 2 -Effluent Pump Station (SRP-W-ARP-0288), in the total bid amount of $2,283 ,000 and WHEREAS, the Consulting Engineers recommend TENTATIVE AW ARDS to the lowest bidders. NOW, THEREFORE, BE IT RESOLVED that TENTATIVE AWARDS are made to the lowest bidders in the Total Bid Amount of $14,978,775 BE IT FURTHER RESOLVED that such TENTATIVE AWARDS be contingent upon the approval of the North Carolina Department of Environmental Quality. Upon motion of Council Member _____________ , seconded by Council Member , the above RESOLUTION was unanimously adopted. This the 12th day of November, 2024. Attest: Melissa R. Matti City Clerk William P. Elmore Jr. Mayor CITY 0 DUNN ORT• CAROLI A Capital Project Ordinance Amendment Black River Wastewater Treatment Plant Effluent Project WHEREAS, the City Council for the City of Dunn, on June 8, 2021, adopted the annual budget ordinance number 02021-11 for the fiscal year beginning July 1, 2021; and, WHEREAS, the City Council, on June 8, 2021, adopted the capital improvements plan for fiscal year 2021-22; and, WHEREAS, on March 8, 2022, the City Council amended the capital improvements plan by approving a capital project ordinance number 02022-04 approving the Black River Wastewater Treatment Plant (WWTP) Effluent Project with a budget of $16,100,000; and, WHEREAS, it is necessary and appropriate to amend this capital project ordinance to increase the project's budget by $1,564,715 to provide adequate funding to complete the project; and, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUNN, NC, PURSUANT TO SECTION 13.2 OF CHAPTER 159 OF THE GENERAL STATUTES OF NORTH CAROLINA, THAT: Section 1: Expenditures necessary for the Black River WWTP Effluent Project are authorized to be undertaken until all project activity is completed, and is adopted as follows: Section 2. The amount of funding appropriated, and amounts budgeted for all project expenditures shall be amended and approved as follows: Funding Appropriations SRFR-ARPA Grant Funds State Appropriations Funding Sewer Fund Reserves ARPA Program Income Total Funding Expenditures: Administration Easements Engineering Construction -Piping Construction -Pump Station Contigency Total Expenditures Previous Budget $ 15,350,000 $ 750,000 $ 16,100,000 $ 65,000 $ 1,515,000 $ 12,520,000 $ 2,000,000 $ 16,100,000 Budget Amendments $ 1,564,715 $ (750,000) $ 750,000 $ 1,564,715 $ (64,000) $ 251,000 $ 170,000 $ 175,775 $ 283,000 $ 748,940 $ 1,564,715 Where communif_J hB_Jins! Revised Budget $ 15,350,000 $ 1,564,715 $ $ 750,000 $ 17,664,715 $ 1,000 $ 251,000 $ 1,685,000 $ 12,695,775 $ 2,283,000 $ 748,940 $ 17,664,715 NORT A Section 3: The Finance Director is directed to report periodically on the financial status of each project element in Section 2 and on the total revenues received or claimed. Section 4: Funds may be advanced from the General Fund and/or Water and Sewer Fund for the purpose of making payments as due. Reimbursement requests should be made to the Federal or State grantor agency in an orderly and timely manner. Compliance with all federal and state procurement regulations is required. Section 5: Within five (5) days after this ordinance is adopted, the City Clerk shall file a copy of this ordinance with the Finance Director. Section 6: This capital project ordinance shall be effective immediately. Duly adopted this 12th day of November 2 0 24. Attest: Melissa R. Matti City Clerk William P. Elmore, Jr. Mayor Where communif_J he_Jinsl Jeremy Martin, Project Manager City of Dunn PO Box 1065 Dunn, NC 28335 Dear Jeremy: d-DAVIS • MAR.TIN • POWELL E N G I N E E R S & S U R V E Y O R S _mp October 2, 2024 Re: City of Dunn, NC Effluent Conveyance Improvements Contract 1 & Contract 2 American Rescue Plan-Earmark Project No. SRP-W-ARP-0288 DMP Project 220010 (AL) Bids were received by the City of Dunn on September 19, 2024 for the above referenced Effluent Conveyance Contract 1 and Contract 2 projects. A total of four (4) bids were submitted for Contract 1 (Effluent Forcemain), which included both a Base Bid and an Alternate Bid . A total of three (3) bids were received for Contract 2 (Effluent PS). Both Bids are summarized below: Effluent Conve)lance Contract 1 -Effluent Forcemain Contractor Total of Unit Priced Total of Unit Priced Bids Bids {Base Bid} {Alt Bid} Park Construction of N.C. $9,118,998 $12,695,775 Morrisville, NC Teraflex Group, LLC $9,854,400 $12,966,425 Waynesville, NC Moffat Pipe, Inc. $12,651,940 $13,611,045 Wake Forest, NC JF Wilkerson Contracting $15,911,000 $18,917,000 Morrisville, NC Effluent Conve)lance Contract 2 -Effluent Pum~ Station} Contractor Total of Unit Priced Bids J. Cumby Construction $2,283,000 Cookeville, TN Laughlin Sutton Construction Co. $2,419,000 Browns Summit, NC State Utility Contractors $2,585,000 Monroe, NC Our certified bid tabulation sheets are attached as well for your reference. T: 336-886-4821 • F: 336-886-4458 • License: F-0245 6415 Old Plank Road, High Point, NC 27265 • www.dmp-inc.com City of Dunn -Effluent Conveyance Improvements October 2, 2024 Page 2 of 2 The Low Bidder for Contract 1, Park Construction is a licensed general contractor who has successfully completed similar projects across the State. Per DMP's request, Park Construction has completed a Qualifications Statement including a list of references to provide additional information on their experience. The Low Bidder for Contract 2, J. Cumby Construction, is also a licensed general contractor who has completed projects for other municipalities in North Carolina . Per DMP's request, J. Cumby has completed a Qualifications Statement including a list of references to provide additional information on their experience. We recommend the City of Dunn tentatively award, pending approval from the Division of Water Infrastructure, the contract for Dunn Effluence Conveyance American Rescue Plan -Earmark Project No. SRP-W-ARP-0288 Contract 1 to Park Construction of NC. Prior to the State issuing the Authority to Award, the City will need to determine whether to proceed with either the Base Bid or the Alternate Bid. We recommend that the City of Dunn tentatively award, pending approval from the Division of Water Infrastructure, the contract for Dunn Effluence Conveyance American Rescue Plan -Earmark Project No. SRP-W-ARP-0288 Contract 2 to J. Cumby Construction for their respective low bid We have appreciated the opportunity to assist the City of Dunn on this project and we look forward to the successful implementation for these improvements. If you have any questions, please give me a call. Sincerely, DAVIS• MARTIN• POWELL & ASSOCIATES • ~~ e PE MG/dd c: Fi le P:\2022\220010\Doc\Dunn SRP-W-ARP-0288 Recomendation of Award.docx City of Dunn Black River WWTP Effluent Conveyance Improvements Contract 1 • Effluent Forcemaln Improvements ITEM DESCRIPTION PART A· BASE BID 1 Mobilization 2 30" Forcemain, open cut, DIP, PVC or FRP 3 30" Forcemain, open cut RJ DIP 4 30" Forcemaln, HOD 5 Misc. Fittin2s 6 Ditch Stabilization Stone 7 42" Encasement Pipe, Bore and Jack 8 CAVV in Manhole 9 30" Gate Valve and Box 10 Asphalt Patch for Cart Paths S9.SB 11 Sod Fairways 12 CABC Driveway Stone 13 Silt Fence 14 Stone Outlets 15 Temporary Construction Entrance 16 Donut Inlet Protection 17 25 Waaaies 18 Erosion Control Matting 19 Remove Ex. CAW and Abandon CAW Manhole 20 Removin2 Ex. Aerial 20' Forcemain 21 Undercut 22 Borrow 23 Class 2 Rio Rao 30" Deeo 24 Anti Seep Collar 25 Gravitv Manhole 26 All Work on WWTP Site (STA-0+51 to 0+55) 27 Allowance for Temp. Access Easement Installation & Restoration Total Part A Base Bid Amount Equipment and Material Manufacturers SECTION EOUIPMENTIMATERIALS 33 05 23.13 Guided Boring Subcontractor 40 05 23 Gate Valves 40 05 78.21 Combination Air Vacuum Valves Line A2 Material / Manufacturer DMP PROJECT 220010 CONTRACT 1 QUANTln UNIT 1 LS 10,435 LF 1,250 LF 2,835 LF 63,000 Lbs 16,000 Tons 70 LF 5 Ea 7 Ea 100 Tons 6,000 SY 1,000 Tons 20,000 LF 200 Ea 3 Ea 2 Ea 60 Ea 1,000 SY 2 Ea 1 LS 4,000 CY 2,000 CY 2,000 SY 2 Ea 1 Ea 1 LS 2 Ea BID TABULATION DAVIS . MARTIN. POWELL dmp ENG INEERS & SURVEYORS T:~821 I F:336-186-445& I Uceftse:f.0245 -6415DdPbnkRoad,HtghPoinlNC272&5 I www.Clfl1Hnc_com Park Construction of NC Teranex Group, LLC Moffat Pipe, Inc. JF Wilkerson Contracting PO Box 500 217 Branner Avenue 701 Finger Lakes Drive 10710 Chapel HIii Road Morrisville, NC 27560 Waynesville, NC 28786 Wake Forest, NC 27587 Morrisville, NC 27560 UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT $273,000.00 $273,000.00 $285,000.00 $285,000.00 $379,000.00 $379,000.00 $474,815.00 $474,815.00 $238.40 $2,487,704.00 $290.00 $3,026,150.00 $334.00 $3,485,290.00 $714.00 $7,450,590.00 $395.00 $493,750.00 $610.00 $762,500.00 $725.00 $906,250.00 $930.00 $1,162,500.00 $934.60 $2,649,591.00 $950.00 $2,693,250.00 $1,060.00 $3,005,100.00 $977.00 $2,769,795.00 $5.97 $376,110.00 $6.00 $378,000.00 $16.00 $1,008,000.00 $8.00 $504,000.00 $41.20 $659,200.00 $39.00 $624,000.00 $60.00 $960,000.00 $61.00 $976,000.00 $2,137.00 $149,590.00 $1,500.00 $105,000.00 $1 ,800.00 $126,000.00 $3,200.00 $224,000.00 $25,250.00 $126,250.00 $57,000.00 $285,000.00 $46,600.00 $233,000.00 $36,000.00 $180,000.00 $54,559.00 $381,913.00 $63,000.00 $441,000.00 $73,800.00 $516,600.00 $58,000.00 $406,000.00 $449.00 $44,900.00 $260.00 $26,000.00 $300.00 $30,000.00 $390.00 $39,000.00 $22.00 $132,000.00 $7.00 $42,000.00 $16.00 $96,000.00 $2.50 $15,000.00 $42.00 $42,000.00 $45.00 $45,000.00 $54.00 $54,000.00 545.00 $45,000.00 $4.60 $92,000.00 $4.00 $80,000.00 $4.00 $80,000.00 $3.25 $65,000.00 $134.50 $26,900.00 $250.00 $50,000.00 $250.00 $50,000.00 $125.00 $25,000.00 $3,554.00 $10,662.00 $5,900.00 $17,700.00 $5,500.00 $16,500.00 $4,600.00 $13,800.00 $604.00 $1,208.00 $3,200.00 $6,400.00 $200.00 $400.00 $750.00 $1,500.00 $229.00 $13,740.00 $610.00 $36,600.00 $600.00 $36,000.00 $250.00 $15,000.00 $6.00 $6,000.00 $8.00 $8,000.00 $6.00 $6,000.00 $3.00 $3,000.00 $2,408.00 $4,816.00 $3,500.00 $7,000.00 $3,900.00 $7,800.00 $2,500.00 $5,000.00 $4,752.00 $4,752.00 $102,000.00 $102,000.00 S72,000.00 $72,000.00 $70,000.00 $70,000.00 $96.10 $384,400.00 $20.00 $80,000.00 $66.00 $264,000.00 $100.00 $400,000.00 $31.00 $62,000.00 $20.00 $40,000.00 $26.00 $52,000.00 $58.00 $116,000.00 $112.50 $225,000.00 S83.00 $166,000.00 $96.00 $192,000.00 $150.00 $300,000.00 S3,617.00 $7,234.00 $6,400.00 $12,800.00 $14,500.00 $29,000.00 $3,000.00 $6,000.00 $14,492.00 $14,492.00 $42,000.00 $42,000.00 $43,000.00 $43,000.00 $45,000.00 $45,000.00 $249,786.00 $249,786.00 $293,000.00 $293,000.00 $804,000.00 $804,000.00 $399,000.00 $399,000.00 $100,000.00 $200,000.00 $100,000.00 $200,000.00 $100,000.00 $200,000.00 $100,000.00 $200,000.00 $9,118,998.00 $9,854,400.00 $12,651,940.00 $15,911,000.00 M~l.!F!mRgRl~!.!B~QM~QB MAHUFACTUR~R~!.!B!'.;:QN!BA~B f!!!AN!z!F~!!J!3~!JBCQNTRAgQ!3 MANUFACD,lB;ER/SUB~QNTR.ACTOR Sandy's Sandy's SEGA Sandy's Mueller AFC American AFC Vent-0-Mal Vent-0--Mal Vent-0--Mal Vent-0--Mal PVC / National Pipe PVC/ National Pipe PVC / Diamond PVC/ National Pipe Page 1 of2 City of Dunn Black River WWTP Effluent Conveyance Improvements Contract 1 -Effluent Forcemaln Improvements PART B -ALTERNATE BID 1 Mobilitation 2 30" Forcemain open cut DIP PVC or FRP 3 30 Forcemain ooen cut RJ DIP 4 30" Forcemain, HOD 5 Misc. Fittinl!s 6 Ditch Stabilization Stone 7 42" Encasement Pioe Bore and Jack 8 CAW in Manhole 9 Gravitv Manhole 10 30" Gate Valve and Box 11 CABC Drivewav Stone 12 Silt Fence 13 Stone Outlets 14 Temoorarv Construction Entrance 15 Donut Inlet Protection 16 25' Waddles 17 Erosion Control Matting 18 Remove Ex. CAW and Abandon CAW Manhole 19 Removin~ Ex. Aerial 20" Forcemain 20 Undercut 21 Borrow 22 Class 2 Rio Rao 30" Deeo 23 Anti Seep Collars 24 All Work on WWTP Site (STA -0+51 to 0+55) 25 Allowance for Temp. Access Easement Installation & Restoration Total Part B Alternate Bid Amount Equipment and Material Manufacturers SECTION EOUIPMENT/MATERIALS 33 05 23.13 Guided Boring Subcontractor 40 05 23 Gate Valves 40 05 78.21 Combination Air Vacuum Valves Line B2 Material / Manufacturer DMP PROJECT 220010 CONTRACT 1 ENGINEERS & SURV E YORS BID TABULATION DAVIS. MARTIN. POWELL dmp ~336-8116421 I F:ll6-&815-445a llialnsa:F~2"5 -64 l 5 Old Plank Rold. tligh Point MC 27265 I ww« ttnc,-,h:.com Park Construction of NC PO Box500 Morrisville, NC 27560 1 LS $306,000.00 $306,000.00 8,420 LF $239.10 $2,013,222.00 1,075 LF $396.00 $425,700.00 4,865 LF $1,439.00 $7,000,735.00 52,500 Lbs $5.97 $313,425.00 16,000 Tons $41.20 $659,200.00 70 LF $2,137.00 $149,590.00 4 Ea $25,250.00 $101,000.00 1 Ee $14,492.00 $14,492.00 7 Ea $54,559.00 $381,913.00 1,000 Tons $42.00 $42,000.00 20,000 LF $4.60 $92,000.00 200 Ea $134.50 $26,900.00 3 Ea $3,554.00 $10,662.00 2 Ea $604.00 $1 ,208.00 60 Ea $229.00 $13,740.00 1,000 SY $6.00 $6,000.00 2 Ea $2,408.00 $4,816.00 1 LS $4,752.00 $4,752.00 4,000 CY $96.10 $384,400.00 2,000 CY $31.00 $62,000.00 2,000 SY $112.50 $225,000.00 2 Ea $3,617.00 $7,234.00 1 LS $249,786.00 $249,786.00 2 Ea $100,000.00 $200,000.00 $12,695,775.00 MAN!,lFA~Il!RE!:!l§!.!B!;;QNil!!&!QB Sandy's Mueller Vent-O-Met PVC / National Pipe = . ' ; '4'1,.1, Ct P. Go,,,, .. , .......... ,,, Teraflex Group, LLC Moffat Pipe, Inc. JF Wilkerson Contracting 217 Branner Avenue 701 Finger Lakes Drive 10710 Chapel Hill Road Waynesville, NC 28786 Wake Forest, NC 27587 Morrisville, NC 27560 $310,000.00 $310,000.00 $405,000.00 $405,000.00 $566,225.00 $566,225.00 $290.00 $2,441,800.00 $331.00 $2,787,020.00 $760.00 $6,399,200.00 $590.00 $634,250.00 $721 .00 $775,075.00 $947.00 $1,018,025.00 $1,375.00 $6,689,375.00 $1 ,050.00 $5,108,250.00 $1,450.00 $7,054,250.00 $6.00 $315,000.00 $16.00 $840,000.00 $8.00 $420,000.00 $39.00 $624,000.00 $60.00 $960,000.00 $61.00 $976,000.00 $1,500.00 $105,000.00 $1,800.00 $126,000.00 $3,200.00 $224,000.00 $57,000.00 $228,000.00 $46,600.00 $186,400.00 $36,000.00 $144,000.00 $42,000.00 $42,000.00 $43,000.00 $43,000.00 $45,000.00 $45,000.00 $63,000.00 $441 ,000.00 $73,800.00 $516,600.00 $58,000.00 $406,000.00 $45.00 $45,000.00 S54.00 $54,000.00 $45.00 $45,000.00 $4.00 $80,000.00 $4.00 $80,000.00 $3.25 $65,000.00 $250.00 $50,000.00 $250.00 $50,000.00 $125.00 $25,000.00 $5,800.00 $17,400.00 $5,500.00 $16,500.00 $4,600.00 $13,800.00 $3,200.00 $6,400.00 $200.00 $400.00 $750.00 $1,500.00 $610.00 $36,600.00 $600.00 $36,000.00 $250.00 $15,000.00 $8.00 $8,000.00 $6.00 $6,000.00 $3.00 $3,000.00 $3,500.00 $7,000.00 $3,900.00 $7,800.00 $2,500.00 $5,000.00 $101,000.00 $101,000.00 $72,000.00 $72,000.00 $70,000.00 $70,000.00 S20.00 $80,000.00 $66.00 $264,000.00 $100.00 $400,000.00 $20.00 $40,000.00 $26.00 $52,000.00 $58.00 $116,000.00 $82.00 $164,000.00 $96.00 $192,000.00 $150.00 $300,000.00 $6,300.00 $12,600.00 $14,500.00 $29,000.00 $3,000.00 $6,000.00 $288,000.00 $288,000.00 $804,000.00 $804,000.00 $399,000.00 $399,000.00 $100,000.00 $200,000.00 $100,000.00 $200,000.00 $100,000.00 $200,000.00 $12,966,425.00 $13,611,045.00 $18,917,000.00 MAN!.!F!!&,TUR~R/S!,.!B~Q~~TQ!3 MA.HUFA~!.!RE~!,lB!;:ONTRACTQB MANUFA!;:T!tlRER/SUBCONTRACTOR Sandy's SEGA Sandy's AFC American AFC Vent-O-Mat Vent-O-Mat Vent-O-Mat PVC / National Pipe PVC / Diamond PVC/ National Pipe THIS IS TO CERTIFY THAT THIS TABULATION IS CORRECT AND A TRUE AND ACCURATE COPY OF THE BIDS SUBMITTED, THIS THE 19th DAY OF SEPTEMBER 2024. DAVIS• MARTIN• POWELL & ASSOCIATES, INC. B~~r~ Michael Goliber, PE Page 2 of 2 City of Dunn • Black River WWTP Effluent Conveyance Improvements Contract 2 • Effluent Pump Station Renovations ENGINEERS & SURVEYORS BID TABULATION D AVIS . MARTIN • P OWELL dmp 1'.: 336-88~!21 I F: 336-886-4458 I l.iceftse: F..0245 - 64150ld-Road.H;gl,Pon~t,C272M I wwwdmp-,nc.com PART A -BASE BID 1 Lump Sum Base Bid for all work included, complete as Indicated by the Contract Documents, but not including the base bid items listed below, shall be as follows: 2 New Electrical Building and Gear Construct the new Electrical Building including site work, structure, mechanical, electrical and other work associated to provide a functional effluent pumping system. This item shall also include demolition of existing electrical equipment and renovations to the existing Effluent Pump Station. 3 Refurbishment of existing Effluent Pumps Removal of three (3) existing vertical turbine pumps, testing of existing motors, modifications/replacement of existing valves as shown or specified, refurbishment of each pumping unit, reinstallalion of pumps, and pump startup. 4 Systems Integration Allowance Integration of the new electrical and control gear into the exisitng WWTP SCADa System and work associated solely with these components. Total Base Bid (Items A1 to A4) PART B • BASE BID EQUIPMENT & MATERIAL MANUFACTURERS SPEC EQUIPMENT/MATERIALS 13 34 25 Precast Modular Building 26 05 00 Electrical Panelboard, Disconnects 26 05 00 Automatic Transfer Switch 26 35 26 Active Harmonic Filter 26 9000 Variable Frequency Drives 43 21 13.07 Vertical Turbine Pump Rebuild DMP PROJECT 220010 Contract 2 J. Cumby Construction Laughlin-Sutton Construction Co State Utility Contractors, Inc. 165 W. Broad Street 5855 Rudd Station Road PO Box 5019 Cookeville, TN 38501 Browns Summit, NC 27214 Monroe, NC 281 11 LUMP SUM AMOUNT LUMP SUM AMOUNT LUMP SUM AMOUNT $311,000.00 $936,500.00 $1,900,000.00 $1,329,000.00 $1,074,000.00 $350,000.00 $493,000.00 $233,500.00 $185,000.00 $1 50,000.00 $175,000.00 $150,000.00 $2,283,000.00 S2,419,000.00 S2,585,000.00 MANUFACTURER /VENDOR MANUFACTURER/VENDOR MANUFACTURER /VENDOR Smith -Midland Smith • Midland Smith -Midland Siemens Siemens Siemens ASCO ASCO ASCO Danfoss Danfoss Danfoss Danfoss Danfoss Danfoss CRUNertillne Liqua Flow Pumps Charles R. Underwood THIS IS TO CERTIFY THAT THIS TABULATION IS CORRECT AND A TRUE AND ACCURATE COPY OF THE BIDS SUBMITTED, THIS THE 19th DAY OF SEPTEMBER 2024. ::V1Wd7~ASSOCIATES Michael Goliber, PE Page I of I LEGEND -PROP. FORCEMAIN WATER BODY ••• I EX. FORCEMAIN -EX. GRAVITY MAIN C:J AFFECTED PARCEL TaxParcels CITY A DUNN I CURRENT CAPE FEAR RIVER DISCHARGE CHICORA GOLF COURSE PROJECT: •~-N DRAWN: 1 " 1 000 f t DAT£: 11/17/2022 = • ee DOCUMENT PATIi: P:\2021\210151\GIS\DUNN_EFFWENT_PS&FM.mxd ~"-J,t,1/ttlllliPPl.ll EXISTING EFFLUENT FORCEMAIN ROUTE TO CAPE FEAR RIVER WEEKS FARM I PROP. EFFLUENT PUMP STATION f I OD~ I n!tc,w:I Sour~ Esn. ',lmr. GeoEyt. Eanhstl! Gtograph~. CNESIA1rtus OS. USDA. USGS AeroGRIJ. IGN. and :he G U5er Comm PROPOSED EFFLUENT PUMP STATION & FORCEMAIN ROUTE =DUNN • NORTH CAROLINA City Council Agenda Item Meeting Date: November 12, 2024 SUBJECT TITLE Administrative Reports PRESENTER/DEPARTMENT City Manager Neuschafer ATTACHMENT(S) Monthly Reports PUBLIC HEARING PUBLISH DATES N/A PURPOSE: 1) 2) 3) City Manager's Report/Update on Council Goals Financial Report/Assessment Update Monthly Departmental Reports Included: • Planning & Inspections Report • Public Works Reports • Public Utilities Report • Water Plant Report • Wastewater Treatment Plant Report • Parks & Recreation Report • Police Report • DUNN ~ NORTH CAROLINA 401 E Broad St . PO Box 1065 . Dunn, North Carolina 28335 (910) 230-3500 • CityofDunn.org MEMORANDUM To: From: Subject: Date: Honorable Mayor, City Council Members Cary McNallan, Finance Director October 2024 Financial Report (unaudited) November 1, 2024 Mayor William P. Elmore Jr . Mayor Pro T em J. Wesley Sills Council Members April L. Gaulden Raquel McNeil Billy Tart Alan Hargis Dr. David L. Bradham City Manager Steven Neuschafer • Cash & Investment Balances: Cash and investment balances for all funds totaled $1 0,362,943 as of October 31, 2024, compared to $4,818,136 a year ago. The increase is primarily due to the timing of reimbursements of water and sewer project expenditures. $16,000,000 $14,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 so Cash Balances by Fund I I I I ■ General & Grant Funds+ Misc Projs ■ Powell Sill ■ Sewer/Water Ops & Projs ■ Stonnwater Fund ■ ARPA Fund Cash and Investments 1 $2,021,046.31, ~ 19.S% $7,748,591.20, 74.8% ■ NC Capital Mgmt Trust ■ First Citizen Bank ■ KS Trust Investments ■ Misc Other Where communi{_J hBJinsl • The benchmark for this period is 33.3% of the budget, however, revenues and expenditures will continue to be recorded for the next few weeks. • General Fund Property Taxes collected by the County for the month of September 2024 totaled $361,221 compared to $519,906 for September 2023. FY25 year to date property tax revenues received are $844,987. Our total estimated taxes for 2025 are $5,759,728. These totals include taxes for Property, Motor Vehicles, and Downtown Service District. Ad Valorem Tax Revenues by Month Collected $2,000,000.00 $1,800,000.00 $1,600,000.00 $1,400,000.00 $1,200,000.00 $1,000,000.00 $800,000.00 $600,000.00 $400,000.00 $200,000.00 $-I I I I I • • • I I I I I I • I • I I • For Sales Taxes, our July receipts were $284,369. This is $8,506 less than the same period last year. Our budget for sales tax revenue for FY25 is set at $3,310,000, and so far, this year we have recorded $284,369, or 8.6%. Sales Tax Reports from the Department of Revenue are provided at least two months behind actual collections. Our next sales tax deposit will be November 15th. $400,000.00 $350,000.00 $300,000.00 $250,000.00 $200,000.00 $150,000.00 $100,000.00 $50,000.00 $- Sales Tax Collections by Month • Building Permit Fees for the month of October were $15,397. To date we have collected a total of $43,421 or 27.1 % of the budget. At the same time last year, our year-to-date revenue was $72,098. The budget for the 2025 budget year is $160,000. • The following charts and graphs include Budgeted and Actual, Revenue and Expenditures for the General Fund, Water & Sewer Fund, Storm water Fund, and the Powell Bill Fund. ffli DUNN ~ NORTH CAROLINA Goals and Objectives FY2024/2025 October 15, 2024 Timeline for Start Fund ing Primary Goal Plan of Action Update or Finish needed ----- 1 ' Infrastructure 1a Wastewater • Sewer Plant Substantial completion Completion Millions Signed July, 2024 • Sewer Lines (Repairs sized to As Necessary accommodate growth) 1 b Stormwater • Prioritize Long-term Projects Received Grant of $500,000 for Summer of 24 .. Millions • Clear Annual Priorities for Staff Merry Street project -Engineering • FundinQ/BudQetinQ Pearsall St. Bidding 1c Water • Complete Planning and Bid for Maximum two $3 .5 Million Water Tower US301 S Out for Bid -Fall '24 years • Create an action plan for the Water Not Assigned Need to prioritize Millions Plant progress for decision ,- 1d Street • Prioritize street repairs Preparing engineer selection RFQ Selection Approved $4- Improvements • Allocate fundinq process & USDA application process started . SM Debt. 1e Private • Finish Ordinance and Adopt ISpringof 2025 to Time Property utility • Plan for implementation adoption $100 ,000 Issues 2 Public Relations 2a Improve Public • Training for applicable employees lln -House Existing Personnel Relations • Research PIO position $75 ,000 • Monthly Update of PR Activities In Staff Activity Reports Signage for City projects Summer $1 ,000 • Signage for Active City Projects -24/ Public Works and Utilities Complete 11Page Where communi{_J 6eyins! .~DUNN ~ NORTH CAROLINA Goals and Objectives FY2024/2025 October 15, 2024 Timeline for Start Funding Primary Goal Plan of Action Update or Finish needed 2b 3 Regional Marketing Plan for Sports Events • Communication with Local Businesses early when hosting Sporting Events • Reach out to sporting organizations (baseball, softball) to increase future travel ball events • Market to regional sporting organizations to host major events I Cit Hall Renovations Plumbing Repairs Recreation & Tourism are working to prepare proposal for community benefit. Creation of recreation marketing 24/25 $10,000 24/25 budget $65,000 ---+--------+------------------L--------------'--y_e_a_r _____ -'--1 _____ _ Update UDO 4 5 21Page • Text Amendments to correct typos and implement newer growth recommendation in land use plan • More focus on land use and growth issues during work sessions Business Recruitment and Investments • Actively Recruit Businesses working in partnership with Downtown, the Chamber and Tourism • Market Plan for Business Recruitment • Create and Fund Incentive Pr rivate sector Where communf{_J he_Jins! ongoing Time Ongoing -$50,000 participate with tourism efforts 24/25 budget for $25-$50,000 incentive year .~DUNN ~ NORTH CAROLINA Goals and Objectives FY2024/2025 October 15, 2024 Timeline for Start Funding Primary Goal Plan of Action Update or Finish needed -----------------~--------------------------------------------- 6 6a . Gateways investments specifically for restaurants (fac;;ade grants, permit fee reductions, etc.) • Continue support and involvement with 195/140 Alliance • Research Electricity Accessibility for Food Trucks and Conforming Ordinance Community Character and Beautification • Work with NCDOT to add additional signage through 195 project • Increase Code Enforcement efforts ___________ a_lo-'ng_gatewa s 6b 6c 6b Wayfinding Reuse of City- owned prooerties Beautification Efforts • Bid and proceed with Phase 1 • Develop strategies and funding for future Qhases Identify Issues and Create Action . Plan/updating Council regularly ' • Look for funding and develop plan for specific projects • Seek community involvement and business participation • Look at Public Art Program - partner with schools Ge Redevelopment Develop plan and Study feasibility for Zone Redevelo ment Zone 3IPage 1Uhere communifJ he_Jins! In Process Bid Awarded Annual Alliance dues 24/25 budget for extending electrical access 24/27 depending on 1-95 project ongoing Spring of 2025 completion ongoing Need plan to direct funding 24/25 Consensus to move forward $55 ,000 $10-20,000 $250,000 Time $250,000 budgeted Undetermined Undetermined Undetermined Rr.l DUNN ~ NORTH CAROLINA Goals and Objectives FY2024/2025 October 15, 2024 Timeline for Start Funding Primary Goal Plan of Action Update or Finish needed 7 l Upgrade City Technology l 7a Update Payroll Software and Water Bill Pa ment more user friend I 7b Update Permitting Software In Process and determine area Timekeeper $17,000 software November Active in I $21 ,000 ---+---------+----------------'--------------_..._. ~---~~---7c Prepare Plan for Physical Hardware Met with Harnett IT to discuss 3 yr. computer $60,000 upgrades Hardware Plan replacement plan 8 Senior Citizens Trans ortation Research Grant for fund in 9 __ 1 Increase Walkability/Con_[lecti_yi!y 9a Park to Park • Prepare Plan for Phase 2 Trail • Funding and Implementation 9b Updates Identify small and less expensive projects that can be completed in- house 10 Parks and Recreation 10a Codrington • Upgrade Basketball Court Facilities Park Improvements • Complete Needs Survey for Parks and Recreation • Create plan for renovations • Burke St lmr2rovements 10a Cemeteries • Address Aesthetic Concerns I (Berms) 41Page Proposed $25,000 in annual budget Ribbon Cutting for Basketball Court was held at the Juneteenth Celebration Removal of Mound & Construction of Berm at Resthaven Complete. I 24/25 24/25 develop route Ongoing Complete Survey feedback to direct plan 25/26 Complete $60,000 $500,000+ Budget maintenance of sidewalk $100,000 Time ,-.DUNN ~ NORTH CAROLINA Goals and Objectives FY2024/2025 October 15, 2024 Timeline for Start Funding Primary Goal Plan of Action Update or Finish needed 11 i 11 a Water Plant 11b Public Works/Public Utilities Complex . • Fencing and Lighting • Paving Rei:2airs 1 Facilities • Develop Plan • Find Funding • Develop Plan • Find Funding SI Page Where communif:j 6e.3ins! Pavement crack sealed USDA Grant Application Nearing Completion. Phase II EPA Testina 24/25 budget Summer 24 Set as Priority Grant Application Summer 24 In process $20,000 $50,000 -__J ..... Millions Phase $12M Building Permit Details or Summary with Owner Date Range (inclusive): Date Applies To: Worl{ Class Permit # New BC- Construction 24- 00478- Dunn Remodel BC- 24- 00504- Dunn Sub-Work BC- New Const 24- 00505- Dunn New BR- Construction 24- 00498- Dunn New BR- Construction 24- 00501- Dunn New BR- Construction 24- 00512- Dunn New BR- Construction 24- 00518- Dunn Remodel BR- 24- 00506- Dunn Sub-Work BR- New Const 24- 00494- Dunn Demolition OM- 24- 00492- Dunn Demolition OM- 24- 00496- Dunn Demolition OM- 24- 00508- Dunn New EC- Construction 24- 00514- Dunn Tue Oct 01 2024 to Thu Oct 31 2024 Permit Issue Date Address PIN Status Contractor 2520W 1507-72-I 7878 Cumberland 2820.000 St 1307 W 1516-29-I 9860 Cumberland 3438.000 St 800 1506-86-I 8734 Tilghman 9966.000 Dr 4212 N 1507-94-I 9853 Ashe Ave 0744.000 307 E 1516-97-I 9856 Burke St 5538.000 211 N 1516-99-I Dunkin Jackson St 1163.000 Deals LLC 610W 1516-48-I 9876 Divine St 1044.000 611 W 1516-37-I 9864 Pearsall St 7598.000 1706 1527-11-I 9838 Lakeshore 4473.000 Dr 1404 S Elm 1516-52-C 8944 Ave 1332.000 4212 N 1507-94-I 9853 Ashe Ave 0744.000 122 S 1516-66-I 9869 Wilson Ave 3919.000 1560 1537-17-I 4609 George 7973.000 Perry Lee Rd Valuation $986,170 $178,000 $249,254 $183,262 $140,000 $300,000 $21,920 $80,000 $12,200 $8,000 $10,000 $36,000 $500 Fees Fees Paid Issued Due $0.00 $33,559.00 10/8/24 $0.00 $1,610.00 10/11/24 $0.00 $2,815.00 10/14/24 $0.00 $0.00 10/9/24 $0.00 $571.00 10/9/24 $0.00 $671.00 10/21/24 $0.00 $60.00 10/21/24 $0.00 $810.00 10/14/24 $0.00 $60.00 10/4/24 $0.00 $60.00 10/7/24 $0.00 $60.00 10/9/24 $0.00 $400.00 10/17/24 $0.00 $100.00 10/22/24 , ·ov 5, 2024 3: 13 Pi\1 Lori IJollanu City of Dunn RCOD Owner BC Sorrell-Jackson LLC 350 Thomas Moore And Pamela Turner 350 Harnett Health System 101 Marie Skenandore 101 The Come Up Group The Come Up Group 103 Dunkin Deals LLC 438 Chuck Turnage 106 Jeffery Surles NONE John A Wilkins BC Ruby Singleton 645 Marie Skenandore 649 CAROLINA INVESTMENT PARTNERSHIP LLC BC JPF Properties LLC Sign EC-2271 us 1515-16-I 545 $150 $0.00 $100.00 10/15/24 BC EC 24-301 0072.000 EDGERTON 00499-JR LLC Dunn Sub-Work EC-321 E 1516-76-I 9834 $36,220 $0.00 $400.00 10/7/24 BC Oscar Harris New Const 24-Broad St 1973.000 ONH 00493-Properties, LLC Dunn Sub-Work EC-1003 1517-64-I 9168 $2,500 $0.00 $100.00 10/17/24 BC Bubble Car New Const 24-Fairground 8293.000 Wash Express 00513-Rd Dunn Sub-Work EC-109 S Ellis 1516-48-I 9388 $6,500 $0.00 $200.00 10/25/24 BC Norris Real New Const 24-Ave 6136.000 Estate 00524- Dunn Sub-Work ER-302 Byron 1517-86-C 6818 $800 $0.00 $60.00 10/3/24 NONE Bobby Fowler New Const 24-St 3637.000 00491- Dunn Sub-Work ER-704 1517-C 9851 $650 $0.00 $60.00 10/4/24 NONE Tara Rabitz New Const 24-Friendly Rd 763-Wade Jurney 00495-Lot 15 6255.000 Homes Dunn Sub-Work ER-209 1516-18-I 41 $8,100 $0.00 $60.00 10/16/24 NONE Benjamin New Const 24-Parlament 4479.000 Denning 00510-Pl Dunn Sub-Work ER-290 1527-50-I 7033 $0 $0.00 $0.00 10/23/24 NONE Record Default New Const 24-Jonesboro 1792.000 Data 00522-Rd Unavailable Dunn Sub-Work ER-3026 1527-56-I 9877 $500 $0.00 $60.00 10/25/24 NONE Isaac & Cindy New Const 24-Hobson Rd 3893.000 McNeil 00523- Dunn Sub-Work ER-303W 1516-46-I 6880 $5,500 $0.00 $60.00 10/31/24 NONE Blaine & Donna New Const 24-Pearsall 8827.000 Everhart 00526- Dunn Sub-Work MR-213 Bishop 1517-22-I 9831 $12,700 $0.00 $60.00 10/2/24 NONE Jose And Otillia New Const 24-Ln 4624.000 Iglesias 00477- Dunn Sub-Work MR-109 Tracy 1517-62-I 779 $12,000 $0.00 $60.00 10/3/24 NONE James E & New Const 24-Ln 1496.000 Jennifer K 00490-Wright Dunn Sub-Work MR-209 1516-18-I 179 $8,100 $0.00 $60.00 10/16/24 NONE Benjamin New Const 24-Parlament 4479.000 Denning 00509-Pl Dunn Sub-Work MR-290 1527-50-I 7033 $0 $0.00 $0.00 10/23/24 NONE Record Default New Const 24-Jonesboro 1792.000 Data 00521-Rd Unavailable Dunn Sub-Work MR-303W 1516-46-I 179 $5,500 $0.00 $60.00 10/31/24 NONE Blaine & Donna New Const 24-Pearsall 8827.000 Everhart 00525- Dunn New DV-24-603 S 1516-65-I William $125,000 $0.00 $50.00 10/9/24 102 William Pernon Constructi on 00368-Magnolia 1015.000 Pernon Elmore, Jr. EY25 YID Actuals l!S Bud&ets • Ex11eodltU!llS II Funds• FY25 Depar::tmeotsLEuods General Govt Public Safety Public Works Sanitation & Waste Removal Parks, Recreation, & Cemetery Library GF Debt Service GF Operating Tris Out & Resrvs General Fund Totals W&S Actmin & Finance W&S Distribution/Collection Water Treatment Plant Sewage Treatment Plant W&S Debt Service W&S Operating Tris Out & Resrvs W&S Fund Totals Stormwater Operations Stormwater Debt Service St!W Operating Tris Out & Resrvs Stormwater Totals Powell Bill Operations Powell Bill Debt Service PB Operating Tris Out & Resrvs Powell Bill Totals EY25 f!udeet 3,153,165.15 5,220,746.10 1,988,845.23 857,000.00 1,535,981.75 4,482.00 1,270,499.00 306,169.00 14,336,888.23 1,201,600.81 2,345,780.60 2,247,896.69 2,113,966.56 1,643,553.00 327,284.00 9,880,081.66 424,994.50 52,630.00 44,000.50 521,625.00 296,247.00 665,253.00 961,500.00 General Govt Public Safety Public Works Sanitation & Waste Removal Parks, Recreation, & Cemetery Library GF Debt Service GF Operating Trts Out & Resrvs - W&S Admln & Finance W&S Distribution/Collection Water Treatment Plant Sewage Treatment Plant W&S Debt Service W&S OperatlngTrts Out & Resrvs - Stormwater Operations - Stormwater Debt Service ■ St/WOperatlngTrtsOut& Resrvs • Powell Bill Operations Powell Bill Debt Service PB Operating Trts Out & Resrvs $0 EY24 YID Actuals llS Bud&ets -Expenditures October FY25 All Funds • FY24 October FY24 MID Actuals YID Actuals ~ DepactmenlsLEuods EY24 f!udi:et MID Actuals YID Actuals ~ 138,607.23 954,562.35 30.3% General Govt 2,911,563.22 431,930.42 1,036,670.10 35.6% 332,207.87 1,754,877.19 33.6% Public Safety 5,087,426.02 423,342.00 1,659,450.84 32.6% 157,464.72 640,744.12 32.2% Public Works 2,128,977.22 142,952.17 833,172.70 39.1% (129.13) 202,673.03 23.6% Sanitation & Waste Removal 841,000.00 65,756.34 199,152.54 23.7% 100,215.87 602,032.41 39.2% Parks, Recreation, & Cemetery 1,435,022.50 118,470.69 435,314.30 30.3% 1,896.57 42.3% Library 103,547.00 (157.49) 366.51 0.4% 511,550.71 40.3% GF Debt Service 1,095,864.00 15,684.68 508,120.55 46.4% 91,300.00 29.8% GF Operating Tris Out & Resrvs 764,435.62 15,300.00 49,775.00 6.5% 728,366.56 4,759,636.38 33.2% General Fund Totals 14,367,835.58 1,213,278.81 4,722,022.54 32.9% 65,365.86 438,755.38 36.5% W&S Ad min & Finance 1,122,655.73 67,819.10 292,958.39 26.1% 121,335.84 1,196,376.66 51.0% W&S Distribution/Collection 1,825,127.93 97,828.97 573,306.99 31.4% 84,726.50 703,844.79 31.3% Water Treatment Plant 2,262,739.03 189,736.30 861,773.81 38.1% 145,147.48 785,147.14 37.1% Sewage Treatment Plant 2,082,096.56 125,084.96 432,931.64 20.8% 15,611.16 276,662.63 16.8% W&S Debt Service 2,871,668.00 22,030.16 160,813.60 5.6% 0.0% W&S Operating Tris Out & Resrvs 633,803.00 0.0% 432,186.84 3,400,786.60 34.4% W&S Fund Totals 10,798,090.25 502,499.49 2,321,784.43 21.5% 99,033.36 187,594.14 44.1% Stormwater Operations 373,211.00 51,689.72 13.8% 2,754.92 2,754.92 5.2% Stormwater Debt Service 52,629.00 559.80 2,732.53 5.2% 0.50 0.0% St!W Operating Tris Out & Resrvs #DIV/0! 101,788.28 190,349.56 36.5% Stormwater Totals 425,840.00 559.80 54,422.::5 12.8% 13,436.68 4.5% Powell Bill Operations 269,748.00 509.79 12,760.20 4.7% 107,625.88 107,625.88 16.2% Powell Bill Debt Service 215,252.00 107,625.88 50.0% #DIV/0! PB Operating Tris Out & Resrvs #DIV/0! 107,625.88 121,062.56 12.6% Powell Bill Totals 485,000.00 509.79 120,386.08 24.8% Budget to Actual -FY25 Expenditures $1,000,000 $2,000,000 $3,000,000 $4,000,000 SS,000,000 $6,000,000 YTD Actuals ■ FY25 Budget i CJIYOr DUNN PlAIUllllG AND I I PtCTIOIIS OCTOBER 2024 I Monthly Development Report Planning & Inspections Department I 102 N. Powell Ave., Dunn, NC 28334 I phone 910-230-3503 I fax 910-230- 9005 I www.dunn-nc.org Minimum Housing/Water Cut On Inspections Non-Residential Inspections Improper refuse in container Junk & Debris Violations Household/Indoor Furniture Junk Vehicles Junk Vehicles Removed by City Weeded Lot Violations Overgrowth Dead/Unsafe Trees Misc. Complaints/Public Nuisance Illegal Dumping Illegal Signs Plantings in right of way Large Limbs Yard Waste/Trash Can Permits Issued Permit Fees Collected Inspections Performed Plans Reviewed Certificate of Occupancy's Issued Food Truck Permits Food Truck Renewals ABC Permits Tent Permits L..;.;..--'-----"-...;._-.....;..;;;_;;__..;:;.;._........__...._.~ S~ecial Event/Noise Permit Fire Inspections & Permits • • , - Fire Inspections Performed Fire Permits Issued Fire Invoices Due/unpaid Fire Inspection Fees Collected Development Permits 7 3 0 3 0 1 0 12 0 0 0 0 0 0 0 0 36 7 3 6 2 0 1 0 21/6 92 including reinspections $4,264.73 $ $ Deck/Carport/Pergola/Garage- EY25 YID Actuals vs Budgets -Revenues EY24 YID Actuals vs Budgets -Revenues All Funds -FY25 Revenue Categ11cy.ffi.!lllt GF-Ad Valorem Taxes GF-Sales Taxes GF-Other Taxes GF-Licenses & Permits GF-Charges for Services GF-Other Revenue GF-Operating Trfs In General Fund Totals W&S Utility Chgs-Water W&S Utility Chgs-Sewer W&S Utility Other Rev W&S Utility Oper Trfs In W&S Fund Totals Stormwater Revenues Stormwater Totals Powell Bill Revenues Powell Bill Totals October FY25 All Funds -FY24 FY25 Budget t.1IDActuals YTDActuals ~gt Rellenue Categ11i:ylfund 5,759,728.00 862,516.04 15.0% GF-Ad Valorem Taxes 3,341,000.00 286,518.19 291,672.35 8.7% GF-Sales Taxes 718,150.00 0.0% GF-Other Taxes 548,650.00 19,448.10 172,216.10 31.4% GF-Licenses & Permits 1,563,524.00 137,861.31 549,419.08 35.1% GF-Charges for Services 2,285,330.23 17,233.57 389,957.77 17.1% GF-Other Revenue 120,506.00 0.0% GF-Operating Trfs In 14,336,888.23 461,061.17 2,265,781.34 15.8% General Fund Totals 4,312,325.00 369,207.95 1,323,946.59 30.7% W&S Utility Chgs-Water 3,857,450.00 315,640.35 1,145,575.09 29.7% W&S Utility Chgs-Sewer 1,710,306.66 63,798.69 157,132.89 9.2% W&S Utility Other Rev #DIV/0! W&S Utility Oper Trfs In 9,880,081.66 748,646.99 2,626,654.57 26.6% W&S Fund Totals 521,625.00 29,178.00 130,491.31 25.0% Stormwater Revenues 521,625.00 29,178.00 130,491.31 25.0% Stormwater Totals 961,500.00 288,180.54 30.0% Powell Bill Revenues 961,500.00 288,180.54 30.0% Powell Bill Totals Budget to Actual -FY25 Revenues GF-Ad Valorem Taxes GF-SalesTaxes ■P•-----------­ GF-OtherTaxes - GF-Llcenses & Permits - GF-Charges for Services GF-Other Revenue GF-Operatlng Trfs In ■ W&S Utility Chgs-Water W&S Utility Chgs-Sewer W&S Utility Other Rev ■-------• W&S UtiLity Oper Trfs In StormwaterTotals a... Powell Bill Revenues ■-•--■ EY24 Budget 5,563,300.00 3,125,000.00 703,500.00 575,200.00 1,470,324.00 2,922,280.66 8,230.92 14,367,835.58 4,555,700.00 3,890,700.00 2,351,690.25 10,798,090.25 425,840.00 425,840.00 485,000.00 485,000.00 $0 $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 ■ YTD Actuals ■ FY25 Budget October FY24 t.1IDActua1s YTD Act1rnls !YR !!I 8dgt 519,906.28 739,803.71 13.3% 295,597.14 301,379.31 9.6% 0.0% 49,456.97 219,875.00 38.2% 161,566.71 513,836.90 34.9% 82,156.11 348,114.31 11.9% 0.0% 1,108,683.21 2,123,009.23 14.8% 376,425.80 1,310,911.09 28.8% 309,198.47 1,086,959.72 27.9% 19,660.38 83,434.33 3.5% #DIV/0! 705,284.65 2,481,305.14 23.0% 55,163.32 68,093.39 16.0% 55,163.32 68,093.39 16.0% 15,902.56 195,790.95 40.4% 15,902.56 195,790.95 40.4% Dunn Ave Elmore, Jr. William Elmore William Builders Elmore Builders New DV-24-4212 N 1507-94-I 9853 $183,262 $0 .00 $0.00 10/9/24 101 Marie Construction 00497-Ashe Ave 0744.000 Skenandore Dunn New DV-24-307 E 1516-97-I 9856 $140,000 $0.00 $0.00 10/9/24 101 The Come Up Construction 00500-Burke St 5538.000 Group The Dunn Come Up Group New DV-24-211 N 1516-99-I Dunkin $0 $0.00 $0.00 10/16/24 103 Dunkin Deals Construction 00511-Jackson St 1163.000 Deals LLC LLC Dunn New DV-24-610W 1516-48-I 9874 $21,920 $0.00 $0.00 10/21/24 438 Chuck Turnage Construction 00515-Divine St 1044.000 Dunn New DV-24-240 Bruce 1506-87-I tERRANCE $165,392 $0.00 $0.00 10/21/24 101 tERRANCE Construction 00516-Dr 1981.000 ROBERT ROBERT Dunn ERFORD ERFORD SDH SDH RALEIGH LLC RALEIGH LLC New DV-24-402 Saturn 1526-28-I 8873 $0 $0.00 $0.00 10/31/24 102 Neil Massey Construction 00527-Dr 2019.000 Dunn Sub-Work PR-107 N 1516-39-I 9858 $3,000 $0.00 $60.00 10/11/24 101 MARIA LOPES New Const 24-Watauga 0878.000 00502-Ave Dunn Total Non-Permit $560.00 Paid Fees (from 3 fees) Grand Total for 36 $2,943,100 $0 $42,786.00 Permits Copyright C 2024 CilyView. All rights rese,ved, BulldingDepartmenLcom and BluePrinc:e are trademarks of Harris Computer. CITY OF DUNN 11/5/2024 Case Number Violation Address Owner or Occupant Status or Conditions MINIMUM HOUSING STANDARDS Abandoned, ubstandard housing. Inspection conducted on 04-15-24 with a warrant. Hearing conducted on 06-24-24 and owner did not show. Findings of Fact and Order issued with deadlne of 09-29-24. Memorandum and Odlnance to Demolish to be presented to HC-23-02 125 Sorina Branch Road Stacev Harner Council on November 12th. Substandard housing. Conducted inspection. Hearing postponed per request of owner. Heaing has been rescheduled for 03-11-24 and owner did not show. Findings of Fact and Order issued to Repair or Demolish by a dated not later than 07-07-24 .. Owner is working without permits. Memorandum and Odinance to Demolish to be Zelm LLC & Co., presented to Council on November HC-23-03 824 East Divine Street c/o Lee Alexander Brown 12th. CODE ADMINISTRATION SERVICES REPORT 1 of 9 JOHN E. GANUS CITY OF DUNN 11/5/2024 Substandard and severe housing conditions. City Council adopted the Ordinance to Demolish on July 23, 2024. Obtaining estimates for demolition. Demolished and cleared by owners. CLOSED 10-14 24. HC-23-06 614 East Vance Street Francisco Gerez Caraballo Substandard housing conditions. Owner is deceased. Conducting HC-23-07 101 West Bay Street William Randy Lucas (Deceased) further investigation. Substandard housing conditions. Theodore L Williams Jr & Virginia Will obtain a title search and HC-23-08 211 South Maanolia Avenue Williams schedule Inspection upon receipt. Substandard housing conditions. Will obtain a title search and schedule Inspection upon receipt. 401 South Washington Theodore L Williams Jr & Virginia Condemed by Building Inspections. HC-23-09 Avenue Williams Pending. Substandard housing conditions. Will obtain a title search and schedule Inspection upon receipt. 403-405 South Washington Theodore L Williams Jr & Virginia Condemed by Building Inspections. HC-23-10 Avenue Williams Pending. CODE ADMINISTRATION SERVICES REPORT 2 of 9 JOHN E. GANUS CITY OF DUNN 11/5/2024 I Substandard housing conditions. Will obtain a title search and schedule Inspection upon receipt. 407 South Washington Theodore L Williams Jr & Virginia Condemed by Building Inspections. HC-23-11 Avenue Williams Pending. Substandard housing conditions. 804 South Washington Theodore L Williams Jr & Virginia Will obtain a title search and HC-23-12 Avenue Williams schedule Inspection upon receipt. Substandard housing conditions. HC-23-15 811 East Cumberland Street John Davis Sutton Pending Inspection. Substandard housing conditions. Hearing held with potential buyers and owner did not attend. The seller & buyers are working with attorney to complete the transfer upon completion of the survey. It appears they are still working to get a survey completed but no action yet. Order issued to Repair or Demolish the structure by a date HC-23-16 305 West Greenwood Street Frederick E McNeil not later that 01-06-2025. Substandard housing conditions. HC-23-21 604 East Townsend Street T onv W Surles Pend ing Inspection. CODE ADMINISTRATION SERVICES REPORT 3 of 9 JOHN E. GANUS CITY OF DUNN 11/5/2024 Substandard housing conditions. Inspection conducted and hearing held. Request to continue as a triplex was denied. Working on converssion to SFR and total renovation. Permits were obtained and work is progressing. Inspection conducted on 09-10-24. Building inspection to be scheduled soon. HC-23-22 309 North Wilson Avenue Kris Dolan & David BerQ (04-12-23) Substandard housing conditions. lnspecton scheduled for 10-14-24 307 South Washington Thomas E Strickland (Life Estate) and owners did not show. Pending HC-23-23 Avenue Robbie A Edwards (Grantee) inspection with warrant. Substandard housing. Inspection conducted. Hearing postponed . New owners have obtained permits on 02-29-24 and are working on the renovations. Will continue to HC-23-24 404 North MaQnolia Avenue Roy & ROI (new owners) monitor. CODE ADMINISTRATION SERVICES REPORT 4 of 9 JOHN E. GANUS CITY OF DUNN 11/5/2024 Substandard housing conditions. Owner appears to have abandoned the intent to renovate the structure. Also has failed multiple county inspections In the past. Housinjg inspection conducted and Hearing held on 07-23-24. Order issued to Repair or Demolish by a date not later than 10-23-24. Drafted Memorandum and Ordinance to HC-23-25 407 West Johnson Street Jose Juan Correa Demolish for City Council. Substandard housing. Inspection conducted. Hearing postponed and HC-23-26 408 North MaQnolia Avenue The Finn Group LLC will be rescheduled. Substandard housing conditions. HC-23-27 502 East Surles Street Euaenia McMillian Pending Inspection. Substandard housing conditions. HC-23-28 611 North Wilson Avenue Frank & Lula Clark Will schedule inspection soon. Substandard housing conditions. HC-23-29 711 North Maanolia Avenue James N Wvnn Pendina Inspection. Substandard housing conditions. HC-23-31 807 North Layton Avenue Clayton Davis Pendina lnsoection. CODE ADMINISTRATION SERVICES REPORT 5 of9 JOHN E. GANUS CITY OF DUNN 11/5/2024 Substandard housing. Inspection conducted. Hearing held and conversion to current permitted uses required. Owner worked with Planning concering permitted uses. Order issued to Repair or Demolish with a deadline of 06-30-24. The architect has issued the owner some preliminary drawings with no further action by the owner and no permits have been obtained. Follow up letter issued to owner with a deadline for permit RCC Dawson LLC applications by 09-30-24. Pending HC-23-32 1114 South Clinton Avenue c/o PyraQna Chhasati other enforcement actions. Substandard housing conditions. HC-23-33 413 South Maanolia Avenue Anchor Investment Properties LLC Pendina lnsoection. Substandard housing conditions. HC-23-34 202 South Samoson Ave Caesar A Brewinaton Jr. Pendina lnsoection. Substandard housing conditions. HC-23-35 1607-1609-1611 Erwin Rd Minnie F Webb Pendina Inspection of apartments. Abandoned, substandard housing. Inspection scheduled for 10-14-24 HC-23-37 1001-1003 N Fayetteville Av Chelsi Fawn Boulware tm 10:00. Substandard housing conditions. HC-23-38 901 East Johnson Street Anthonv B & Robert L Ross Pendina Inspection. CODE ADMINISTRATION SERVICES REPORT 6of9 JOHN E. GANUS CITY OF DUNN 11/5/2024 Substandard housing. Hearing conducted and Order issued to Repair or Demolish by 11-15-23. Property has now changed ownership to NW Real Estate Investments LLC. Met with new owners and working with Zoning on NW Real Estate Investments LLC some issues. Permits have been HC-23-40 205 North Washinaton Ave '11 -28-2023) issued. West Properties of NC LLC (11-28-Substandard housing conditions. HC-23-42 1600 Erwin Road 2023) Pendina inspection. Substandard housing conditions. HC-23-43 123 Bruce Drive Salvador Macias Cardenas Pendina inspection. Vacant and substandard housing conditions. Inspection scheduled for 09-11-23 with no one showing. Ownership changed by Trustee Deed on 12-15-23. Owners have obtained required permits and the structure is under full renovation. HC-23-44 1009 West Hamett Street Villaae Capital & Investment LLC Will continue to monitor. Substandard housing. Inspection conducted. Hearing to be HC-23-45 910 East Divine Street Winselow Tucker Sr scheduled soon. CODE ADMINISTRATION SERVICES REPORT 7of9 JOHN E. GANUS CITY OF DUNN 11/5/2024 Substandard housing conditions. Hearing conducted and owners did not show. Order issued to Repair or Demolish by a date not later than 10-04-24. Drafted Memorandum 410 South Fayetteville and Ordinance to Demolish for City Council. HC-23-46 Avenue Winaed Warriors LLC Substandard housing conditions. Inspection conducted and Hearing was scheduled for 03-11-24. Owner did not show but called relating he would be back in county after the 14th and requested a postponement. No response from owner and no permits obtained. Order issued to Repair or Demolish by a date not later than 08-04-24. Received call from second partner/owner and agreed to meet on site and begin work. Met on site on 06-24-24. Permits have now been applied for and a crew is on site cleaning out the structure and painting the exterior. Other work to J and T Properties of Holly Springs begin upon receipt of permits. Will HC-23-47 611 West Pearsall Street LLC continue to monitor. ToTRL -of CODE ADMINISTRATION SERVICES REPORT 8 of 9 JOHN E. GANUS CITY OF DUNN 11/5/2024 NON-RESIDENTIAL BUILDINGS OR STRUCTURES Vacant substandard building. Inspection scheduled and owner advised he was out of country. Requested to schedule when he New Dunn Hotel LLC c/o Amar N returns. Will reschedule inspection NR-23-01 51 O Sorina Branch Road Patel! soon. Vacant substandard building. Inspection conducted with owner. NR-23-02 508 SprinQ Branch Road Munishree LLC c/o Suresh Patel Pending hearing and other actions. r Abandoned storage facility. Inspection conducted with maintenance man concerning the clean up of the property and repair of the building. Follow up visit conducted and observed clean up and maintenance is progressing slowly. Will continue to monitor NR-23-04 506 North McKay Avenue CL Tart Jr & Marv Lee Brece Tart progress. 3 CODE ADMINISTRATION SERVICES REPORT 9 of9 JOHN E. GANUS PUBLIC WORKS DEPARTMENT OCTOBER 2024 MONTHLY REPORT 101 E CLEVELAND ST, DUNN NC 28334 PHONE 910-892-2948 FAX 910-892-8871 www.dunn-nc.org STREET DEPARTMENT TYPE NUMBER ALLEY MAINTENANCE BRUSH-LIMB PICKUP BULK ITEM CATCH BASIN CLEANING CATCH BASIN LID CITY CUT LOTS CLOGGED DRAIN OR INLET CURB REPAIR CUT DEAD ANIMAL DITCH MAINTENANCE DRAINAGE ISSUE DROP OFF EVENT MISSED PICKUP MOWING ON-CALL POT HOLE ROAD MAINTENANCE SAFETY CONCERN SIGN DOWN-DAMAGED TREE REMOVAL TREE TRIM NEEDED TOTAL WORK ORDERS 1 302 117 2 2 14 1 2 8 2 2 1 1 1 3 2 1 119 1 1 2 1 1 586 PUBLIC WORKS DEPARTMENT OCTOBER 2024 MONTHLY REPORT 101 E CLEVELAND ST, DUNN NC 28334 PHONE 910-892-2948 FAX 910-892-8871 www.dunn-nc.org TONNAGE REPORT TYPE SOLID WASTE IN TONS YARD WASTE IN TONS RECYCLING WASTE IN TONS GRAND TOTAL TONS *Data from Republic Services Report NUMBER 238.06 47.59 34.47 PUBLIC WORKS DEPARTMENT OCTOBER 2024 MONTHLY REPORT 101 E CLEVELAND ST, DUNN NC 28334 PHONE 910-892-2948 FAX 910-892-8871 www.dunn-nc.org CEMETERY DEPARTMENT TYPE GRASS MOWING & WEED EATING OPEN/CLOSE TREE TRIMM ING TOTAL WORK ORDERS NUMBER 49 7 3 59 Public Utilities Dept I November 2024 I Monthly Report 101 E. Cleveland St., Dunn, NC 28334 I phone 910-892-2948 I fax 910-892-8871 I www.dunn-nc.org Water/Sewer Department On Call 11 Leak Repair 9 Water Tap 1 New Sewer Tap 1 Sewer Tap Renewals Water Construction Sewer Stoppage 5 Sewer Construction Manhole Inspection 35 Outfall M aintenance Hydrant Repair 1 Utility Locates 693 Water Meter 7 Repair /Investigations Retire Water and Sewer Services Valve Maintenance Taste and Odor Complaint Water Quality Flu sh ing Low Pressure Comp laint 3 Other -Water 4 Other -Sewer 1 Public Utilities Dept-WTP I September 2024 I Monthly Report 101 E. Cleve land St., Dunn, NC 28334 I phone 910-892-2948 I fax 910-892-8871 I www.dunn-nc.org A.B. Uzzle Water Treatment Facility 120 100 80 V') C .2 ro (.9 60 C .Q ~ 40 20 Total Million Gallons Pumped Average Million Gallons Per Day Pumped Total Million Gallons Bulk Sales 83.046 2.7682 46.739 Water Plant Averages and Total Million Gallons Pumped 2023-2024 6 9 9 9 7 1 9 8 57 2 6 7 2 2.14 5 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Sep-24 2023-2024 iii Daily Average Pumped Iii Total Million Ga llons Bul k Sales liil Total Million Gallons Pumped 6 Bulk Chemicals and Rain Fall Totals 2023-2024 90 80 70 60 50 40 30 20 10 0 45200 45231 45261 45292 45323 45352 45383 45413 45444 45474 45505 45536 -Chemicals Used X 1,000lbs -Rain Fall in Inches *Data from A.B. Uzz le Water Treatment Plant records, and Fin ance Department billing. Project Update: lead and Copper Rule Revisions -lead Service line Inventory The Initial Lead Service Line Inventory was successfully submitted. Sand Blasting Equipment Primed interior with Strip Coats Mary Stewart Tank Interior Renovations: Utility Service Company, Inc. performed the interior renovation which included sand blasting the interior to remove all the existing paint and repair any damaged structural components due to corrosion that may have possibly formed. After all the sand blasting and repairs are completed a new coating of paint is applied to protect the exposed metal. Once the new coating cures they finish by doing a final disinfection process before releasing the tank back to the city. The renovation takes approximately 4 weeks to complete. Sand Blasting Media Final Coating: \ Public Utilities Dept I October 2024 I Monthly Report 101 E. Cleveland St., Dunn, NC 28334 I phone 910-892-2948 I fax 910-892-8871 I www.dunn-nc.org Black River Wastewater October Treatment Facility Total Million Ga llons Treated Average Million Gal lons Per Day Treated Rainfall in Inches 109.037 3.517 0.38 *Data from NC DEQ DMR documents and Black River Wastewater Treatment Plant records Construction upgrade seeded with grass. 9 8 7 6 3 2 1 0 C AVERAGE DAILY FLOW 1 2 3 4 5 6 7 8 9 10111213141516171819202122232425262728293031 OCTOBER Rain Fall 0.4 0.35 0.3 ro 0.25 0::: '+-0 V> Cl) ...c 0.2 u C 0.15 0.1 0.05 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 October Total Million Gallons Treated 140 121.757 V) 120 C 0 = 100 ro l9 C 80 0 60 ~ 40 20 0 Jan. Feb . March April May June 1 July Aug . Sept. Oct. Nov. Dec. □DUNN PARKS AND RECREATION 205 Jackson Rd • PO Box 1065 • Dunn, North Caro lina 28335 (910) 892-2976 • CityofDunn.org October Monthly Report Dunn Communi Clarence Lee Tart Memorial Park Nathan Harris Ath letic Complex@ Tyler Park Baseball & Softball Field Rentals Tennis Courts Picni c Shelter Rentals Rae uetball Court 4 2 0 0 0 8 0 2 0 Cemetery Report Section A -F 3,448 1,504 1,83 2 272 272 0 3,336 0 0 Monthly Recreation Report C DUNN PARKS AND RECREATION October Monthly Narrative Report Fall Sports Youth Volleyball (1 OU and 12U) season ended on October 16th. Instructional coed soccer leagues ( 4U, 6U, and 8U) ended up with 11 total teams this year. Five teams in 4U and four teams in 6U season will conclude on Saturday, October 26. There are three teams of 8U soccer, whose season will end on October 28th due to make-up games. Our IOU and 13U leagues compete amongst other leagues throughout Harnett County. IOU Boys Team 1 is 5-1-1, Team 2 is 5-1-1, and Team 3 is 2-5 . IOU Girls record is 5-3. 13U Boys Team 1 is 4-2-1 , Team 2 is undefeated at 7-0, and 13U Girls have lost two games with a record of 5-2. The football season has been busy as well with county competition. Our 13U Team is 2-3 , IOU League 0-6 , and flag football will conclude on October 26th. Basketball Registration Registration began on September 9th and has been extended to November 6th. Mobile Flu Shot Clinic A flu shot clinic was held on October 10th at the Clarence Lee Tart Memorial Park and hosted by Hamett County Health Department. Recreation Advisory Board The last meeting was held on Tuesday, August 20, at 6:00 p.m. in the PK Vyas Recreation Center. The next meeting is on November 19th and will be held at 6:00 p. m. in the Dunn Community Center. Social Media Activity October 2024 There's only 1 week left before you miss our basketball registration deadline. Please register at https :// dunnparks.recdesk.com/Com munity/Home or in our office. Ages 5 -15 with a league age date of January ist. If you have an online account and need help with login or password reset please call our office for assistance before creating a new account. Post Reach 841 Engagement 44 lmDlJNN ~ POLICE DEPARTMENT 401 E Broad St . PO Box 1065 . Dunn, North Carolina 28335 (910) 892-2399 . CityofDunn.org Chief of Police Cary Jackson October 2024 Monthly Crime Stats (1010112024 to 10/31/2024) Assigned Cases 41 Crime Number Homicide ------Rape Robbery ------Aggravated Assault Burglary Forcible Entry Burglary Non-Forced Entry Larceny from Motor Vehicle Larceny all-other Simple Assaults Criminal Investigations Division 0 2 0 3 4 1 3 24 10 Cases Closed Recovered Property Arrests 31 $8,000 7 ------ ------ Search Warrants Executed 6 Cellebrite Forensic Digital Data Extraction Device: 8 Extractions (6 separate cases) Dunn Police Arrest & Citation Stats Month Felony Misdemeanor Citations October 31 48 204 Overdose Stats Month Fatal Non-Fatal Total DPD Narcan Use October Total Plate Reads: 1.5 million 0 7 7 Flock Safety Utilizations Hot List Hits Recovered Property 358 Recovered Stolen Motor Vehicle Leads Established 4 Where communif:j he_Jins! 0 Agencies Assisted 4 Dunn Police Department Community Enhancement Team Monthly Report Month: October 2024 Arrest Charges: Felony: 4 Misdemeanor: 31 Juvenile: 0 Citations/Written Warnings Issued : 47 Calls for Service (Assist Patrol): 70 Traffic Safety Event: 1 Dru~s seized: Marijuana Methamphetamine Crack Cocaine Suboxone Drug Seizure Street Value -$865.00 Guns Seized -1 -Value $1500.00 Community Housing Security Checks: 85 Training: 44 1 3 5 $440.00 $120.00 $300.00 $5 Sgt. Sikorski attended 64 hours of training to include lntoxilyzer Recertification , Firearms, K9 Instructor and In-Service Training and the NCGIA Eastern Carolina Gang Conference. Officer Brodbeck attended Police Law Institute, a 76-hour cou rse of instruction is which teaches about search warrants, arrests, investigative detention , warrantless searches, in-custody and voluntary interviews, eyewitness identifications and non- testimonial and identification orders. She also took a 4-hour Tactical Med ical Course. Lt. K. Moore attended 40 hours of Leadership Development for Law Enforcement Managers at the NC Justice Academy. Officer Dixon attended 16 hours of Firearms Training . 401 East Broad Street • Dunn, NC 28334 • 910-892-2399 Community Events conducted: 10/2/2024 -Officers participated in Coffee with a Cop at Inspirational Grounds Coffee Shop . 10/5/2024 -Officers assisted with the first annual Kristen's Run Against Violence . Later in the day CET Lt. K. Moore and CET Officer J. Dixon attended an event hosted by the N.C. Victim's Assistance Network to honor victims of violence. 10/6/2024 -CET Lt. Moore and SRO Hall attended a service for Law Enforcement held by Central Baptist Church. 10/22/2024 -CET Officers helped receive gift cards from Advance Auto Parts/Carquest as part of a program which seeks to provide motorists with means to fix minor motor vehicle issues. 10/23/2024 -The CET Street Crime Unit along with K9 Apacs performed 3 K9 Demonstrations at Dunn Middle School where officers spoke about the dangers of drugs and alcohol and demonstrated the capabilities of the K9 Officer. 10/31/2024 -CET Officers ran and participated in a Trunk or Treat at the Police Department where candy was distributed in a safe environment for families. Additional information: Officers assisted with the North Carolina State Fair, an event that allows for networking between agencies and provides exposure of how our agency has advanced in professionalism and ability. We assisted many agencies from across the state to provide a safe atmosphere for State Fair Patrons. 401 East Broad Street• Dunn, NC 28334 • 910-892-2399 • K9 Apacs was utilized over 28 times resulting in the seizure of over $51,500.00 of Drugs, Currency and Weapons. CET Officers assisted with Hurricane Helene relief efforts coordinating donations. 401 East Broad Street • Dunn, NC 28334 • 910-892-2399 _Jlnnouncements (J)unn City Counci{ :Meeting !Novem6er 12, 2024 • City of Dunn offices will be closed on Thursday, November 28th and Friday, November 29th to observe the Thanksgiving Holiday. • Dunn's Christmas Parade & City Extravaganza will be held on Saturday, December 7th at 5:30 p.m. in Downtown Dunn. • City Tree Lighting & Caroling begins immediately following the parade. • Horse Drawn Carriage Rides begin immediately following the City Tree Lighting. • The next Regular Session of the Dunn City Council is scheduled for Tuesday, December 10th at 6:30 p.m. DUNN HOUSING AUTHORITY BOARD OF COMMISSIONERS MEETING MINUTES MONDAY, SEPTEMBER 23, 2024 The Commissioners of the Dunn Housing Authority ("DHA") met in regular session at 817 Stewart Street, in Dunn, North Carolina, on Monday, September 23, 2024. Following "Words of Encouragement" by Eddie Draughon, the meeting was called to order at 4:12pm. Upon roll call, the following were present and absent: Present: Board Vice-Chair Eddie Draughon, Commissioners Sharon Gant and Lois Dail and Secretary, Felicia Chester. Absent: Board Chair, Kyle Thrower (Family Matter) and Angela Inman (Business Matter). Public Comment Period: No Public Comments were recorded. There were no challenged elements. Prior to the meeting, Commissioners were presented with copies of the Annual Statement and the 5-Year Plan with supporting documents. After a brief conversation, Lois Dail made a motion to approv~ the Annual Plan Statement and Eddie Draughon seconded the motion. Lois Dail also made a motion to approve the 5-Year Plan with supporting documents and Sharon Gant seconded the motion. Ayes and Nays for both were as follows: Ayes Eddie Draughon Lois Dail Sharon Gant MOTION CARRIED. Resolutions #2024-13 (5-Yr. Plan} #2024-12 (Annual Plan Statement} Approval of Meeting Minutes: The motion to accept the minutes from the regular August meeting was made by Lois Dail and seconded by Sharon Gant. Ayes and Nays were as follows: Ayes Eddie Draughon .Lois Dail Sharon Gant MINUTES OF THE REGULAR AUGUST 2024 BOARD MEETING WERE READ AND ACCEPTED. 1 Occupancy and Rent Report through 09/23/2024: Total dwelling rent charged as of August 31, 2024, was $48,099.00. Based on financial data reported, the total revenue collected was $49,537.00. As of September 23, 2024, there were two (2) vacant units. The Board was made aware that the maintenance staff were working in a unit to prepare it for a new move-in. The motion to accept the O & R report for August was made by Sharon Gant and seconded by Lois Dail. Ayes and Nays were as follows: Ayes Eddie Draughon Lois Dail Sharon Gant 0 & R REPORT AS OF SEPTEMBER Z3, 2024 WAS READ AND ACCEPTED. Review of Financial Balance Report: The monthly financial report ending August 31, 2024 was available for review. Lois Dail commented on the number of months in reserve, and the Board was made aware of the work that had been completed as well as the work that was still in progress. The motion to accept the financial report for August was made by Sharon Gant and seconded by Eddie Draughon. Ayes and Nays were as follows: Ayes Eddie Draughon Lois Dail Sharon Gant FINANCIAL REPORT WAS READ AND ACCEPTED. Business: The topic of buying an agency vehicle or providing all administrative staff with a car allowance was brought before the Board. It was determined that the discussion should be tabled until all five members were present. A motion to table the discussion until the next meeting was made by Lois Dail and seconded by Eddie Draughon. Ayes and Nays were as follows: Ayes Lois Dail Sharon Gant Angela Inman 2 A revised version of the Travel Policy was presented to Board for review prior to the meeting. Revisions to this policy included the following: • Stating the preferred distance and means of travel • Updating the booking procedures A motion to accept the revised Travel Policy as written was made by Eddie Draughon and seconded by Lois Dail. Ayes and Nays were as follows: Ayes Eddie Draughon Lois Dail Sharon Gant MOTION CARRIED. Resolution #2024-11 Communication: Following a brief update regarding the mechanical room closet renovation, Sharon Gant agreed to allow contractors to start the renovation project in her unit. Adjournment: A motion to adjourn was made by Sharon Gant and seconded by Eddie Draughon . All members were in favor and the meeting was adjourned. Felicia Chester, Secretary 3 CLOSED SESSION CRITERIA (Specify one or more of the following permitted reasons for closed sessions) Move that we go into closed session in accordance with: [N.C.G.S. 143-318.11 (a){1)] Prevent the disclosure of privileged information 1 Under the North Carolina General Statutes or regulations. I Under the regulations or laws of the United States. [N.C.G.S. 143-318.11 (a){2)] Prevent the premature disclosure of an honorary award or scholarship [N.C.G.S. 143-318.11 (a){3)] Consult with the Attorney I To protect the attorney-client privilege. I To consider and give instructions concerning a potential or actual claim , administrative procedure, or judicial action. I To consider and give instructions concerning a judicial action titled vs ----------- [N.C.G.S. 143-318.11 (a){4)] To discuss matters relating to the location or expansion of business in the area served by this body. [N.C.G.S. 143-318.11(a){5)] To establish or instruct the staff or agent concerning the negotiation of the price and terms of a contract concerning the acquisition of real property located at --------(OR) To establish or instruct the staff or agent concerning the negotiations of the amount of compensation or other terms of an employment contract. [N.C.G.S. 143-318.11 (a){6)] To consider the qualifications, competence, performance, condition of appointment of a public officer or employee or prospective public officer or employee. (OR) To hear or investigate a complaint, charge, or grievance by or against a public officer or employee. [N.C.G.S. 143-318.11 (a){7)] To plan, conduct, or hear reports concerning investigations of alleged criminal conduct. School violence 143-318.11 (a){8) and potential terrorist activity (9). To discuss and take action regarding plans to protect public safety.