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HomeMy WebLinkAbout12-10-24 Regular0 I* R2024 36 ATT#1 12-10-2024 ..DUNN .• NORTH CAROLINA Tin RESOLUTION DECLARING CERTAIN PROPERTY OF THE CITY TO BE SURPLUS AND AUTHORIZING THE DISPOSITION OF SAID PROPERTY" WHEREAS, the City Council of the City of Dunn, North Carolina, has determined that the City owns certain personal property that is no longer usable by the City; and WHEREAS, each of the items described below, is declared to be surplus to the needs of the City: Burk Playground Set NOW, THEREFORE, BE IT RESOLVED by the Dunn City Council that the City Manager is hereby authorized to dispose of the listed items by electronic means through www.GovDeals.com. With appropriate notice, the date, place and time of the sale will be announced by the City Manager or his designee. The City shall publish at least once. and not less than 10 days before the date of the auction: the dates of the auctions and a copy of this Resolution or a notice summarizing its contents as required by North Carolina General Statute 160A-270(b). Adopted this the I Oth 1day of December, 2024. Attest: Melissa Matti, City Clerk William P. Elmore, Jr., M r �00�®®BOOOOOp� ® 1 ®®° G\v ®p �. ®tea ems® OBPORA • ° o py SEAL, aM s'1 •. • 'd p �jn • a � � "eel, ' +� �� 02024-28 ATT#2 1 .w_ Y CITY � � 12-10-2024 in 'U U'L.. DUNN Att�f RO Capital Project Ordinance Amendment I Machine and Welding Outfall Sewer Line Improvements Project WHEREAS, the City Council for the City of Dunn, on June 14, 2022, adopted the annual budget ordinance number 02022-08 for the fiscal year beginning July 1, 2022; and., WHEREAS, the City Council, on March 8, 2022, approved a capital project ordinance for the Eastside Pump Station, Forcemain, and Outfall line Improvements; and, WHEREAS, on March 8, 2022, a budget of $15,850,000 was approved for this project; and, WHEREAS, on January 10, 2023, a budget amendment was approved that reduced the overall project budget by $8,856,100; and, WHEREAS, on April 11, 2023, a budget amendment was approved to reflect a transfer of $2,347,102 of funding from the General Fund; and, WHEREAS, on May 28, 2024, an amendment to the original capital project ordinance was approved to eliminate the Outfall Line portion of the project, so that it could be accounted for and constructed as its own separate capital project, and changes to the revenue and expenditure budgets were adjusted accordingly; and, WHEREAS, on May 28, 2024, the Machine and Welding Outfall Sewer Line Improvements Capital Project ordinance was established and approved; and, WHEREAS, it is now necessary to amend this project to reflect adjustments to the project budget; 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: Construction for the Machine and Welding Outfall Sewer Line Improvements capital sewer project is 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 construction and related costs are amended and approved as follows: Wkere communi� 6Tins! • 0 a - q OF f LDUNN s N Funding Appropriations SRFR-ARPA Grant Funds ARPA Program Income Transfer from the General Fund Total Funding Expenditures: Administration Easements Engineering Construction Contigency Total Expenditures Previous Budget Revised Budget Amendments Budget $ 6,243,900 $ 6,243,900 $ 750,000 $ 750,000 $ 2,347,102 $ (1,927,383) $ 419,719 $ 8,591,002 $ (1,177,383) $ 7,413,619 $ 10,522 $ 10,522 $ 57,751 $ 57,751 $ 500,000 $ 57,500 $ 557,500 $ 8,091,002 $ (1,626,387) $ 6,464,615 $ 323,231 $ 323,231 $ 8,591,002 $ (1,177,383) $ 7,413,619 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 shall be effective immediately. Duly adopted this 10th day of December 2024. ••r�, � ,• 'William P. Elmor, , r. 0�- o' Q Silgayor Attest: c �° ROO ® 88888119AA0® Melissa R. Matti City Clerk ?iltiere commcmif� bTinsf ;VE�` 02024-29 ATT#3 --- J J 12-10-2024 777� Capital Project Ordinance Amendment III FY24 & FY25 Water and Sewer Equipment 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, on June 13, 2023, the City Council adopted a capital project ordinance for the FY24 Water and Sewer Vehicle and Equipment Project at a total cost of $416,000; and, WHEREAS, on October 17, 2023, the City Council adopted a capital project ordinance amendment to increase the project's budget by $185,200; and, WHEREAS, the City Council for the City of Dunn, on June 25, 2024, adopted the annual budget ordinance number 02024-13 for the fiscal year beginning July 1, 2024; and, WHEREAS, the City Council, on June 25, 2024, adopted the capital improvements plan for fiscal year 2024-25; and, WHEREAS, on November 12, 2024, the City Council adopted a capital project ordinance amendment to increase the project budget; and, WHEREAS, it is necessary to amend the capital project ordinance to include additional funding for the purchase of a valve exerciser; 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: The purchase of a valve exerciser will be completed and is authorized to be undertaken until all project activity is completed, and is adopted as follows: 0 Where cammuni� 6�)-nsf 0 l 3Y X x L • s I UN-N� ORIM k Section 2. The amount of funding appropriated, and amounts budgeted for capital outlay are approved as follows: Funding Appropriations Installment Financing USDA Grant Funds Transfer from the General Fund Operating Transfer fr W&S Fund Total Funding Expenditures: Capital Outlay-W&S Equipment Capital Outlay-WTP Equipment Public Utility Vehicles WTP Vehicles WWTP Vehicles Contigency Total Expenditures Previous Budget Revised Budget Amendments Budget $ 343,587.00 $ 343,587.00 $ 40,822.00 $ 40,822.00 $ 6,106.71 $ 6,106.71 $ 255,200.00 $ 12,365.00 $ 267,565.00 $ 645,715.71 $ 12,365.00 $ 658,080.71 $ 70,000.00 $ 17,765.00 $ 87,765.00 $ 179,800.00 $ 179,800.00 $ 189,528.05 $ 189,528.05 $ 45,473.59 $ 45,473.59 $ 155,514.07 $ 155,514.07 $ 5,400.00 $ (5,400.00) $ - $ 645,715.71 $ 12,365.00 $ 658,080.71 Section 3: Funds may be advanced from the Water and Sewer Fund for the purpose of making payments as due. 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 shall be effective immediately. Duly adopted this 10th day of December 2024. 0®B®A@BSSppgr 'Vvy• 0.✓ ® :•CJORp®� jlliam P. Elmore, J o Mayor Attest: Melissa R. Matti �dSSaS`rR'i! City Clerk Where cammuni� blinsf CITY OF DUNN BUDGET ORDINANCE AMENDMENT Department: Police Budget Amendment #: 19 FISCAL YEAR ENDING: 6/30/2025 Date: 12/10/2024 Appropriation Amount Approp`iiatiori .FUND Acct #- LINE.ITEM'DESCRIPTION Before Amerid'meni After, rriendment fi ',Increas'e f(D,e;crease) Amendment, %4 Water and Sewer 030-0710-8500 Oper Trfs to Capital Projects 327,284.00 12,365.00 $ 339,649.00 W&S Capital 069-0930-7430 Capital Outlay-W&S Ops Veh & Equip 259,528.05 17,765.00 277,293.05 W&S Capital 069-0930-0002 Contingency 5,400.00 (5,400.00) - EXPENDITURE TOTAL: _ $ 592;212.05 $ 24,730.00 $ . 616,942:05 propriat ion Ap Amo iarit:of.` Appropriation' :FUND,:'. .. , ... ,: . Acct:# , ... ;. ;. LINE,ITEM;DESCRIP,TION Before Arrendrrient After.' �.. " A". _mendrrient; , Increase-% (Decrease) ' ` Amendmenf Water and Sewer 030-0378-0001 Water Storage Rental $ - $ 3,500.00 $ 3,500.00 Water and Sewer 030-0381-0000 Interest Income $ 65,290.00 $ 8,865.00 74,155.00 W&S Capital 069-0399-1430 Oper Trfs fr W&S Fund $ 255,200.00 $ 12,365.00 267,565.00 $ - KtVCNUL, I,UTAL:: 0AU&UU.UU p; Lff+,rau. .UU, 4AV ...-.. CERTIFICATION: I certify this requested budget amendment was ap/oyep6y the City Council on: City Manager: A 12/10/2024 Finance Director: A A 1 —,V I A ,Q A 12/10/2024 JUSTIFICATION: Allocate,funding.for the pu`&d ;,6f avalVei turning machine FUNDING SOURCE: FY24'increase in,water storage.rental:revenueand: interest earnings.. W ATT#4 12-10-2024 0 AGREEMENT BETWEEN MID-CAROLINA REGIONAL COUNCIL and CITY OF DUNN for the provision of Technical Service Assistance: FEMA BR1C Raw Water Project: Project & Grant Administration, This AGREEMENT, entered into on December 10, 2024 by and between Mid -Carolina Regional Council (hereinafter referred to as the "Council") and the City of Dunn, North Carolina (hereinafter referred to as the "Local Government"); WITNESSETH THAT: WHEREAS, the Council is empowered to provide technical assistance by the North Carolina General Statutes and by resolution passed by the Council on April 17,1972. Technical assistance shall consist ofthe provisions of services as described in Attachment A, which is herein made part of this AGREEMENT; WHEREAS, the Local Government has requested the Council to provide such technical assistance to the Local Government and; WHEREAS, the Council desires to cooperate with the Local Government in every way possible to the end that the proposed activities are carried out in an efficient and professional manner; NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Personnel That during the period of this Contract, the Council will furnish the necessary trained personnel to the Local Government to perform the tasks outlined in Attachment A Work Program. 2. Compensation That for the purpose of providing funds for carrying out this Contract, the Local Government will pay the Council a flat rate percentage of five (5) percent of the project cost for project and grant administration not to exceed, $420,265. t The Council shall invoice the Local Government on a monthly basis for the services provided forthe prior month during the entirety of the project. The first invoice shall be sent in December 2024 based on the schedule in Attachment A. 3. Materials/Work Product All work product will -be property of the Local Government, 4. Time of Performance The contract shall begin December 10, 2024 until project completion or until terminated by either party according to the specification in item number 5. City of Dunn Local Technical Assistance FEMA BRIC Raw Water Project: Project & Grant Administration 5. Termination/Modifications The Local Government may from time -to -time may request changes in the'scope of work of services to be performed by the Council hereunder. Such changes, including any increases or decreases in the Council's compensation, which are mutually agreed upon by and between the Local Government and Council, shall be incorporated as written -amendments to the Contract. The Local Government or the Council may terminate this AGREEMENT by giving a thirty (30) days written notice (electronic or paper). 6. Interest of -Members, Officers, or Employees of the Council, Members of the Local Government, or Other Public Officials No member, officer, or employee of the Council or its agents; no member of the governing body of the locality in which the program is situated; and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his or her tenure or for one year thereafter, shall have any financial interests, either direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. Immediate family members of said members, officers, employees; and officials are similarly barred from having any financial interests in the program, The Council shall incorporate, or cause to be incorporated, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to the purpose of this section. 7. Nondiscrimination Clause No person in theUnited -States shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination with any program or activity funded in whole or in part with funds available under the Housing and Development Act of 1974, Section 109. 8. Age Discrimination Act of 1975, as amended No qualified person shall on the basis age be excluded from participation in, denied the benefts of, or otherwise be subjected to discrimination under any program or activity which receives benefits from federal financial assistance. 9. Section 504, Rehabilitation Act of 1973, as amended No qualified handicapped person shall, on the basis. of handicap be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity, which receives or benefits from federal financial assistance. is 10. E-Verify Provision Pursuant to G.S.143-48.5 and G.S.147-33.95(g), the undersigned hereby certifies that the Contractor named below, and the Contractor's subcontractors, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify -the work authorization of its employees through the federal E-Verify system, E-Verify System Link: www.uscis,_ ov 2 0 0 Cltv of Dunn By. Title: _ City Manager Date: 17f 267., FEW City of Dunn Local Technical Assistance A BRIG Raw Water Project: Project & Grant Administration Mid -Carolina Regional Council By: Title: Executive Director Date: This instrument has been pre -audited in the manner required by the Local Government Budget and Fiscal Control Act. . Finance Officer Date 3 City of Dunn Local Technical Assistance FEMA BRIC Raw Water Project: Project & Grant Administration ATTACHMENT A ^' CITY OF DUNN TECHNICAL SERVICE ASSISTANCE FEMA BRIC Raw Water Project: Project & Grant Administration 1. WORK PROGRAM/BUDGET This is an agreement attached to and made part of the December 10, 2024 AGREEMENT between the City of Dunn, North Carolina (hereinafter referred to as "Local Government") and Mid -Carolina Regional Council (hereinafter referred to as "Council') providing for technical assistance for project and grant administration of the FEMA BRIC Raw Water Project. The Raw Water Project is the design and installation of a new 24" Raw Water pipeline from the drinking water intake on the edge of the Cape Fear River near Erwin, NC and to replace, relocate, and elevate critical electrical structures, components, and generator out of the 100 year flood plain to an adjacent location on the same site. The basic services to be provided by Council are outlined below. 2. WORK PROGRAMISCOPE OF SERVICES The intent of this AGREEMENT is for the Council to provide qualified professional personnel as technical assistance to the Local Government consistent with applicable federal laws, state laws, and City ordinances beginning December 10, 2024. Leveraging experience and resources possessed by Council staff, the Council will administer the FEMA BRIC Raw Water Project. 3. SERVICES TO BE PROVIDED The Council shall provide complete grant and project administration services for the FEMA 2022 BRIC Raw Water Project to include but not be limited to the items below: o Schedule, facilitate, follow-up all meetings related to the FEMA BRIC Raw Water project. o Act as the project liaison to the City of Dunn between FEMA, North Carolina Department of Public Safety, design professionals and all other parties as needed. o Prepare and send all, correspondence, electronic or paper, on behalf of the City of Dunn. o Prepare and submit all documentation related to the project to the North Carolina Department of Public Safety and FEMA on behalf of the City of Dunn. o Prepare and submit all reporting and compliance documentation. o Prepare all procurement documents and complete the procurement process based on project guidelines. o Close out the grant project. 4. PAYMENT SCHEDULE The Council shall invoice the Local Government on a Monthly basis based on the following schedule: First Invoice December 2024 Last Invoice December 2027 City of Dunn Local Technical Assistance FEMA BRIC Raw Water Project: Project & Grant Administration The project is split into two phases; preconstruction and construction. The grant administration amount for phase one is $54,990. This amount will be split equally into fourteen (14) invoices beginning in December 2024 and ending in January 2026 in the amount of $3,927.86 a month. The grant administration amount for phase two is $374,275. This amount will be split equally into twenty-four (24) invoices beginning in February 2026 until February 2028 or the project is finished construction and grant closeout, whichever comes first. 0 U 5 DUNN kere communi R2024-37 ATT#5 12-10-2024 RESOLUTION ADOPTING THE 2025 REGULAR MEETING SCHEDULE FOR THE CITY OF DUNN CITY COUNCIL WHEREAS, the North Carolina General Statute 160A-71 allows the City Council to fix a specific time and place for their regular meetings; and WHEREAS, the North Carolina General Statute 143-318.12(a) requires that the City Council's schedule of regular meetings be kept on file with the City Clerk. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Dunn, North Carolina that the following meeting schedule be adopted: Tuesday January 14, 2025 6:30 p.m. Dunn Municipal Building Tuesday January 28, 2025 6:30 p.m. Dunn Municipal Building Friday - 2024-2025 Budget Retreat 8:00 a.m. to Lumina on Wrightsville Beach, Saturday February 7-8, 2025 5:00 P.M. Wrightsville Beach, NC Tuesday February 25, 2025 6:30 p.m. Dunn Municipal Building Tuesday March 11, 2025 6:30 p.m. Dunn Municipal Building Tuesday March 25, 2025 6:30 p.m. Dunn Municipal Building Tuesday April 8, 2025 6:30 p.m. Dunn Municipal Building Tuesday April 22, 2025 6:30 p.m. Dunn Municipal Building Tuesday May 13, 2025 6:30 p.m. Dunn Municipal Building Tuesday May 27, 2025 6:30 p.m. Dunn Municipal Building Tuesday June 10, 2025 6:30 p.m. Dunn Municipal Building Tuesday June 24, 2025 6:30 p.m. Dunn Municipal Building Tuesday July 8, 2025 6:30 p.m. Dunn Municipal Building Tuesday August 12, 2025 6:30 p.m. Dunn Municipal Building Tuesday August 26, 2025 6:30 p.m. Dunn Municipal Building Tuesday September 9, 2025 6:30 p.m. Dunn Municipal Building Tuesday September 23, 2025 6:30 p.m. Dunn Municipal Building Tuesday October 14, 2025 6:30 p.m. Dunn Municipal Building Tuesday October 28, 2025 6:30 p.m. Dunn Municipal Building Tuesday November 11, 2025 6:30 p.m. Dunn Municipal Building Tuesday December 9, 2025 6:30 p.m. Dunn Municipal Building Duly adopted by the City Council of the City of Dunn, meeti g in regular session this the 10th day of December, 2024. e69g9eQ9aQ,,Ap8g0 e a ' Y OA- .`, William P. Elmore, Jr., Vayor Attest: 'c,0 8P0 a Melissa R. Matti, City Clerk `•? &'� o� fBQQOBb® ie 02024-30 ATT#6 12-10-2024 • CITY GP DUNN 401 East Broad Street Dunn, North Carolina 28334 -Verses- STACEY HARPER 3916 Morvan Way Raleigh, North Carolina 27612-3728 Matthew S. Willis Register of Deeds Harnett County, NC Electronically Recorded 12/19/2024 04:37:11 PM NC Rev Stamp: $0.00 Book: 4265 Page: 2177 - 2178 (2) Fee: $26.00 Instrument Number: 2024022638 Ordinance Fide Number: HC-23-02 02024-30 AN ORDINANCE DIRECTING THE CODE .ADMINISTRATOR TO REMOVE OR DEMOLISH THE PROPERTY HEREIN DESCRIBED AS UNFIT FOR HUMAN HABITATION AND DIRECTING THAT A NOTICE BE PLACED THEREON THAT THE SAME MAY NOT BE OCCUPIED WHEREAS, the City Council of the City of Dunn finds that the structure described herein is unfit for human habitation under the City Minimum Housing Code and that all of the procedures of the Minimum Housing Code have been complied with; and WHEREAS, this dwelling should be removed or demolished as directed by the Code Administrator and should be placarded by placing thereon a notice prohibiting use for human habitation; and WHEREAS, the owner of this structure has been given a reasonable opportunity to bring the structure up to the standards of the City ofDunn Minimum Housing Code in accordance with NCGS 160D Article 12 pursuant to an order issued by the Code Administrator on June 24, 2024 and the Owner has failed to comply with the Order; NOW, THEREFORE, BE ITORDAINED by the City Council of the City of Duna, that: Section 1. The owner of such building(s), dwelling(s) and premises is hereby ordered to vacate any occupants and/or personal property therein on or before December 29, 2024. Section 2. The Code .Administrator is hereby authorized and directed to place placards containing the legend: "'Phis building is unfit for human habitation. The use or occupation of this building for human habitation is prohibited and unlawful." on. the building located at the following address: 125 Spring Branch Road, (PIN-1516-74-5198.000) submitted electronically by "Pope Law Group, PA" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Harnett County Register of needs. ,, ..BK 4265 PG 2178 DOC# 2024022638 Section 3. The Code Administrator is hereby authorized and directed to proceed to remove or demolish the above -described structure in accordance with his order to the owner thereof dated the 24"' day of June 2024, the City of Dunn Minimum lousing Code, and NCGS 160D, Article 12; Section 4. (a) The cost of removal or demolition shall constitute a lien against the real properly upon which the cost was incurred, as well as any other real property of the owner located. within. the city limits or within one mile thereof except for the owner's primary residence. The lien shall be filed in the office of the Clerk of the Court, and shall have the sane priority and be collected in. the same manner as the lien for special assessments in Article 10 of NCGS Chapter 160A; (b) Upon completion of the required removal or demolition, the Code Administrator shall sell the materials of the dwelling and credit the proceeds against the cost of removal or demolition. The Code Administrator shall certify the remaining balance; to the Tax collector. If a surplus remains after the sale of the materials and satisfaction. of the cost of removal or demolition, the Code Administrator shall deposit the surplus in the Superior Court where it shall be secured and disbursed in. the manner provided by NCGS 1601), Article 1.2. Section 5. It shall be unlawful for any person to remove or cause to be removed the placard. from any building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the occupancy of any building therein declared to be unfit ,for human habitation. Section 6. This Ordinance shall become effective upon its adoption.. ADOPTED this day of .._. &M , C,oa L. William P. Elmore Tr. , .l ayor� ATTEST:ff, Y 0�, C.1 . .. Melissa M Matti, City Clerk rll,ISPi(#' (t841�a� 0 • 02024-31 ATT#7 12-10-2024 CITY OF DUNN 401 East Broad Street Dunn, North Carolina 28334 -Verses- Zelm LLC & Co., e% Lee Alexander Brown 105 Wade Avenue Dunn, North Carolina 28334 Matthew S. Willis Register of Deeds Harnett County, NC Electronically Recorded 12/19/2024 04:37:13 PM NC Rev Stamp: $0.00 Book: 4265 Page: 2181 - 2182 (2) Fee: $26.00 Instrument Number: 2024022640 File Dumber: HC-23-03 Ordinance 02024-31 AN ORDINANCE DIRECTING THE CODE ADMINISTRATOR TO REMOVE OR DEMOLISH THE PROPERTY HEREIN DESCRIBED AS UNFIT FOR HUMAN HABITATION AND DIRECTING THAT A NOTICE BE PLACED THE, REON THAT THE SAME MAY NOT BE OCCUPIED WHEREAS, the City Council ofthe City of Dunn finds that the structure described herein is unfit for human habitation under the City Minimum Housing Code and that all of the procedures of the Minimum Housing Code have been complied with; and WHEREAS, this dwelling should be removed or demolished as directed by the Code Administrator and should be placarded by placing thereon a notice prohibiting use for human habitation; and WHEREAS, the owner of this structure has been given a reasonable opportunity to bring the structure up to the standards of the City of Dunn Minimum Housing Code in accordance withNCOS 160D Article 12 pursuant to an order issued by the Code Administrator on April x, 2024 and the owner has failed to comply with the Order; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dunn, that: Section 1. The owner of such building(s), dwelling(s) and premises is hereby ordered to vacate any occupants and/or personal property therein on or before December 29, 2024. Section 2. The Code Administrator is hereby authorized and directed to place placards containing the legend: "This building is unfit for human habitation. The use or occupation of this building for human habitation is prohibited and unlawful.." on the building located at the following address: 824 East Divine Street (PIN - 1516-84-4796.000) submitted electronically by "Pope Law Group, PA" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Harnett county Register of Deeds. BK 4265 PG 2182 DOC# 2024022640 Section 3. The Code Administrator is hereby authorized and. directed to proceed to remove or demolish. the above -described structure in accordance with his order to the owner thereof dated the I" day of April 2024, the City of Dunn Minimum Housing Code, and NCGS 160D, Article 12; Section 4. (a) The cost of removal or demolition shall constitute a lien against the real. property upon which. the cost was incurred, as well as any other real property of the owner located within the city limits or within one mile thereof except for the owrner`s primary residence. The lien. shall be filed in the office of the Clerk of the Court; and shall have the same priority and be collected. in the same manner as the lien for special assessments in Article 10 of NCGS Chapter 160A.; (b) Upon completion of the required removal. or demolition., the Code Administrator shall sell the materials of the dwelling and credit the proceeds against the cost of removal or demolition. The Code Administrator shall certify the remaining balance to the Tax collector. If a surplus remains after the sale of the materials and satisfaction of the cost of removal or demolition, the Code Administrator shall deposit the surplus in the Superior Court where it shall be secured and disbursed in the manner provided. by NCGS 160D, Article 12. Section 5. It shall be unlawful for any person to remove or cause to be removed the placard from any building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the occupancy of any building therein declared to be unfit for human. habitation. Section 6. This Ordinance shall become effective upon its adoption.. ADOPTED this � Q � day .•'' 'UVr�. Mayor p0R47: ' ATTEST: SEM LD Melissa R. Matti, City Clerk CAS �t�P1Pl4,Ik � 0202 4-32ATT#8 ,^ ^ ` 10 2024 0 CITY OF DUNN 401 East Broad Street Dunn, Forth Carolina 28334 -Verses- Jose Juan Correa 1009 North Fayetteville Avenue Dunn, North Carolina 28334 Matthew S. Willis Register of Deeds Harnett County, NC Electronically Recorded 12/19/2024 04:37:12 PM NC Rev Stamp:. $0.00 Boob: 4265 Page: 2179 - 2180 (2) Fee: $26.00 Instrument Number: 2Q24022639 File Number: HC-23 25 Ordinance 02024-32 AN ORDINANCE DIRECTING THE CODE ADMINISTRATOR TO REMOVE OR DEMOLISH THE PROPERTY HEREIN DESCRIBED AS UNFIT FOR HUMAN HABITATION AND DIRECTING THAT A NOTICE DE PLACED THEREON THAT THE SAME MAY NOT BE OCCUPIED WHEREAS, the City Council of the City of Duon finds that the structure described herein is unfit for human habitation under the City Minimum Housing Code and that all of the procedures of the Minimum Housing Code have been complied with; and WHEREAS, this dwelling should be removed or demolished as directed by the Code Administrator and should be placarded by placing thereon a notice prohibiting use for human habitation; and WHEREAS, the owner of this structure has been given a reasonable opportunity to bring Oe structure up to the standards of the City of Dunn Minimum Housing Code in accordance with NCGS 160D Article 12 pursuant to an order issued by the Code Administrator on July 23, 2024, and the owner has failed to comply with the Order; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dunn, that: Section 1. The owner of such building(s), dwelling(s) and premises is hereby ordered to vacate any occupants and/or personal property therein on or before December 29, 2024. Section 2. The Code Administrator is hereby authorized and directed to place placards containing the legend: "This building is unfit for human habitation. The use or occupation of this building for human habitation is prohibited and unlawful." on the building located at the following address: 407 'Vest Johnson Street (PIN 1516-69-3 809.000) submitted electronically by "Pope Law Group, PA" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Harnett county Register of Deeds. W P BK 4265 PG 2180 DOC# 2024022639 Section 3. The Code Administrator is hereby authorized. and directed to proceed to remove or d.emoli.sh the above -described structure in accordance with his order to the owner thereof dated the 23`1 clay of July 2024, the City of Dunn Minimum Dousing Code, and NCGS 160D, Article 12; Section. 4. (a) The cost of removal or demolition shall constitute a lien against the real property upon which the cost was incurred, as well as any other real property of the owner located within the city limits or within one mils thereof except fox the owner's primary residence. "]the lien shall be filed in the office of the Clerk. of the Court,, and shall have the same priority and. be collected in the same manner as the lien for special assessments in Article 10 of NCGS Chapter 160A; (b) Upon completion of the required removal. or demolition, the Code .Administrator sba.11 sell the materials of the dwelling and credit. the proceeds against the cost of removal or demolition. The Code Administrator shall certify the remaining balance to the Tax. collector. If surplus remains after the sale of the materials and satisfaction of the cost of removal or demolition, the Code Administrator shall deposit the surplus in the Superior Court where it shall be secured and disbursed in the manner provided by NCGS 1.64I)a, Article 12, Section 5. It shall be unlawful for any person to remove or cause to be removed the placard from any building to which it is affixed. It shall likewise be unlawful for any person, to occupy or to permit the occupancy of. any building therein declared to be unfit for human habitation. Section 6. This Ordinance shall become effective upon its adoption, ADOPTED t>zas gay of William P. Elmore :! Mayor FATTEST: ,,ak �, � f, �,!♦Q r�, r �d�Mr V`Y !JJ Melissa Matti, City ClerkSEAL Al fs �. • ...... u • 02024-33ATT#9 12-10-2024 • CITY OF DUNK 401 East Broad Street Dunn, North Carolina 28334 -Verses- Winged Warriors LLC 207 East Main. Street Fremont, North Carolina 2783 0 Matthew S. Willis Register of Deeds Harnett County, NC Electronically Recorded 12/19/2024 04:37:14 PM NC Rev Stamp: $0.00 Book: 4265 Page: 2183 - 2184 (2) Fee: $26.00 Instrument Number: 2024022641 Ordinance File Number: HC-23-46 02024-33 AN ORDINANCE DIRECTING THE CODE ADMYNISTRATOR TO REMOVE OR DEMOLISH THE PROPERTY HEREIN DESCRIBED AS UNFIT FOR HUMAN HABITATION AND DIRECTING THAT A NOTICE BE PLACED THEREON THAT THE SAME MAY NOT BE OCCUPIED WIMRE AS, the City Council of the City of Dunn finds that the structure described herein is unfit for human habitation under the City Minimum Housing Code and that all of the procedures of the Minimum Housing Code have been complied with; and 'WHEREAS, this dwelling should be removed or demolished as directed by the Code Administrator and should be placarded by placing thereon a notice prohibiting use for human habitation; and WHEREAS, the owner of this structure has been given a reasonable opportunity to bring the, structure up to the standards of the City of Dunn Minimum Housing Code in accordance with NCGS 160D Article 12 pursuant to an order issued by the Code Administrator on April 29, 2024, and the owner has failed to comply with the Order; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dunn, that: Section 1. The owner of such building(s), dweUing(s) and premises is hereby ordered to vacate any occupants and/or personal property therein on or before December 29, 2024. Section 2. The Code Administrator is hereby authorized and directed to place placards containing the legend: "This building is unfit for human habitation. The use or occupation of this building for human habitation is prohibited and unlawful." on the building located at the following address: 410 South Fayetteville Avenue (PIN: 1516-56-,0439.000) submitted electronically by "Pope Law Group, PA" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Harnett county Register of Deeds. " . 0 BK 4265 PG 2184 DOC# 2024022641 Section 3. The Code Administrator is hereby authorized .and directed to proceed to remove or demolish the above -described structure in accordance with his order to the owner thereof dated the 29' clay of April 2024, tho City of Dwin Minim -am Housing Code, and NCGS 160D, Article 1.2; Section 4. (a) The cost of removal or demolition shall. constitute a lien against the real property upon which the cost was incurred, as well as any other real property of the owner located within. the city limits or within one mile thereof except for the owner's primary residence. The lien shall be filed in the office of the Clerk of the Court, and shall have the same priority and be collected in the saine manner as the lien for special assessments in Article 10 of NCGS Chapter 160A; (b) Upon completion of the required. removal or demolition, the Code Administrator shall sell the materials of the dweIling and credit the proceeds against the cost of removal or demolition. The Code Administrator shall certify the remaining balance to the Tax collector. If a surplus remains after the sale of the materials and satisfaction of the cost of removal or demolition, the Code Administrator shall deposit the surplus in. the Superior Court where it shall be secured and disbursed in the marurer provided by NCGS 1601), Article 12. Section 5. It shall be unlawful for any person. to remove or cause to be removed the placard from .any building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the occupancy of any building therein declared to be unfit for hum. an habitation. Section 6. This Ordinance shall become effective apon its adoption. A.norrfl) this Oday of al -I P. .0 ��i'`William P. EHmore Tr. ayor ATTEST: ��� oTy Melissa Matti, City Clerkoc I I* R2024-30 ATT#10 ' NN ANX-03-24 12-10-2024 DU RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S.160A-31 WHEREAS, a petition was received on November 12, 2024 by the Dunn City Council, requesting annexation of a contiguous area described in said petition located at 504 Moon Circle, at the intersection of Moon Circle and Jupiter Drive, Dunn, NC, PIN # 1526-39- 2104.000, owned by Gabrielle Jones; and WHEREAS, G.S.160A-31 provides that the sufficiency of the petition shall be investigated by the City Clerk before further annexation proceedings may take place; and WHEREAS, the City Council of the City of Dunn, deems it advisable to proceed in response to this request for annexation; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dunn that the City Clerk is hereby directed to investigate the sufficiency of the above described petition and to certify as soon as possible to the Dunn City Council the result of the investigation. Adopted this 10th day of December, 2024. d,101. - I William P. Elmo Mayor ATTEST: n,• �f c. ORPO Melissa R. Matti, CMC CAROB City Clerk a g9,sa��baaoan®°° `4Ufiere cammuni� hyMS.l CITY OF DUNN 13UDGET.ORDINANCE AMENDMENT FISCAL YEAR ENDING: 6/3012025 Department Police Budget Amendment 9: 17 Date., 12/10/2024 11 propritiffon: -Ap --­­Amountof`:: Appropriation. ETRiP ION Be ore :After -:.-Ahiefidi bfit* m. ncre ecrease General 010-0510-4500 Contract Services 80,370.02 93,038.00 $ 173,40 - 8.02 General 010-0900-9509 USDA FY24 Police Veh-Principal 52,000.00 (52,000.00) - General 010-0900-9809 USDA FY24 Police Veh-Interest 10,500.00 (10,500.()0) - General 010-0900-9521 USDA FY24 PWVeh-Principal 29,800.00 (14,200.00) 15,600.00 6133-8.00• $ ... 189,008.02 - .-...Appropriation..-.. • Amount of Appropriation ..FUND A6&t -.::LINE ITEM 'DESCRI PION:Before`**, mant.-.. rid hcratte:1 (Ddc­r­e*`aW'. General 010-0359-0000 Federal Grants $ 25,000.00 16,338.00 41,338.00 General .16,338.00 CERTIFICATION: I certify this requested budget amendment was ap ,froyfX by the City Council on: Finance Director- JUSTIFICATION: Allocate funding for the polk OdY camera "video as a service" FUNDING SOURCE: FY24 Debt Service" budget tffat is not needed until �?26. 12/10/2024 12/10/2024 0 0 I* Body Camera Upgrades MOrOROLA SOLUTIONS 1. Upgrade 50 body worn cameras total cost $282,172.50. Total amount to be paid over a period of 5 years. This price includes a discount of $75,991.25. Breakdown listed below: a. Year 1 upfront equipment cost and subscription fee $93,038.11 i. Upfront cost includes cost of hardware, accessories and implementation. b. Year 2 Subscription Video as a Service $56,035.52 c. Year 3 Subscription Video as a Service $56,035.52 i. Brand new camera refresh at year 3. All cameras will be replaced with new equipment. This is included in the price. d. Year 4 Subscription Video as a Service $38,531.68 e. Year 5 Subscription Video as a Service $38,531.68 2. Unlimited Cloud Storage of Video footage 3. Any damages to the camera or repairs for a faulty device is covered at no expense during the 5-year period. 4. The cameras and operating system will integrate with our current fleet of in -car cameras. It also includes unlimited storage for our in -car fleet for 3 years. 5. The operating system and cloud will also integrate with our interview/interrogation room system R2024-38 ATT#12 CIT 'a- 12-10-2024 .. _ .._.. UN NORTH (_`-'AR0L1NA RESOLUTION OF TENTATIVE AWARD City of Dunn West Pearsall Street Culvert Replacement Project LASII Stormwater Construction -American Rescue Plan Act Grant DWI Project # SRP-SW-ARP-0030 and # SRP-SW-ARP-0003 WHEREAS, the City of Dunn, North Carolina has received bids, pursuant to duly advertised public notice therefore, for construction of the West Pearsall Street Culvert Replacement Project, a portion of which is related to the Division of Water Infrastructure project numbers SRP-SW-ARP-0030 and SRP-SW-ARP-0003; and, WHEREAS, the consulting engineers of WithersRavenel Inc have reviewed the bids; and, WHEREAS, T2 Contracting, Inc was the lowest responsible, responsive bidder for this project in the amount of $1,989,988 (including the $10,800.00 alternate bid); and, WHEREAS, the consulting engineers recommend TENTATIVE AWARD to the lowest bidder, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUNN, that TENTATIVE AWARD is made to the lowest bidder in the Total Bid Amount of $1,989,988; and, BE IT FURTHER RESOLVED that such TENTATIVE AWARD be contingent upon the approval of the apparent low bidder by the North Carolina Department of Environmental Quality Division of Water Infrastructure, and the City's approved funding sources and budget. It Upon motion of Council Member seconded by Council • W U Member he above RESOLUTION was unanimously adopted. This the 10th day of December 2024 at City of Dunn, North Carolina. ly William P. Elmo e ., Or ,,Mayor ATTEST: ��••° ' 06 PO f ' n SEM, Melissa R. Matti a ���° ° ° b City Clerk A®d nQAnr;o''� W&re cammuni� 61ins! I T Y O " 02024-34 ATT#12 12-10-2024 HIM. DUN. 11 vil UNORTH CAROUNA 401 E Broad St • PO Box 1065 . Dunn, North Carolina 28335 (910) 230-3500 - CityofDunn.org CAPITAL PROJECT ORDINANCE AMENDMENT III PEARSALL STREET STORMWATER CULVERT gft LOCAL ASSISTANCE FOR STORMWATER INFRASTRUCTURE INVESTMENT PROGRAM (LASII) FY22 AMERICAN RESCUE PLAN ACT GRANT (ARPA) PROJECT # SRP-SW-ARP-0003 PROJECT # SRP-SW-ARP-0030 PROJECT # SRP-SW-ARP-0098 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 December 12, 2023, approved a grant capital project ordinance for the Pearsall Street Culvert Project with a budgeted amount of $400,000; and, WHEREAS, the City Council, on March 26, 2024, approved a capital project ordinance amendment to increase the project budget by $490,340 for construction costs to be funded from the North Carolina Department of Environmental Quality (NCDEQ) Division of Water Infrastructure (DWI) grant funding from the Local Assistance for Stormwater Infrastructure Investments (LASII) American Rescue Plan Act; and, WHEREAS, on August 27, 2024, the City Council approved an amendment to the capital project ordinance to increase the project's budget by $870,560; and, WHEREAS, it is necessary to amend this project's capital project ordinance to increase the project's budget by$894,750 to provide adequate funding to complete the project; and, NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Dunn, North Carolina, that pursuant to section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following Grant Project Ordinance amendment is hereby adopted. Section 1: The Pearsall Street Culvert Capital Project is to be amended to include $230,102 of funding from the Water and Sewer Fund for related utility costs, $956,208 in funding from the General Fund for street and bridge related costs, and $499,000 of installment ryUhea^e commcrni� h!yins! financing for stormwater related costs not covered by grants. The project is authorized to be undertaken until all project activity is completed. Section 2: The officers of this unit are hereby directed to proceed with the grant project within the terms of the board resolution, grant documents, the rules and regulations of the Division of Water Infrastructure (DWI), and the budget contained herein, until all project activity is completed and is adopted as noted in Section 3. Section 3: The amount of funding appropriated, and amounts budgeted for engineering and construction are approved as follows: Funding Appropriations NCDWI ARPA Grant 0098 NCDWI ARPA Grant 0030 NCDWI ARPA Grant 0003 Transfer fr the Water & Sewer Fund Transfer from the General Fund Installment Financing-Stormwater Total Funding Expenditures: Administration Engineering Easements Construction Contingency Total Expenditures Previous Budget . Revised Budget Amendments Budget $ 329,000 $ 329,000 $ 490,340 $ 490,340 $ 151,000 $ 151,000 $ 249,784 $ (19,682) $ 230,102 $ 78,669 $ 877,539 $ 956,208 $ 462,107 $ 36,893 $ 499,000 $1,760,900 $ 894,750 $ 2,655,650 $ 38,375 $ (36,463) $ 1,912 $ 498.1900 $ 30,400 $ 529,300 $ 34,950 $ 34,950 $1,223,625 $ 766,363 $1,989,988 $ 99,500 $ 99,500 $1,760,900 $ 894,750 $ 2,655,650 Section 4: The finance officer is hereby directed to maintain within the Pearsall Street Culvert Project, sufficient specific detailed accounting records to satisfy the requirements of the grantor agency, the grant agreements, and federal regulations. Section 5: Funds may be advanced from the General Fund and/or Stormwater Fund for the purpose of making payments as due. Reimbursement requests should be made to the State grantor agency in an orderly and timely manner. Compliance with all federal and state procurement regulations is required. Section 6: The finance officer is directed to report, on a quarterly basis, on the financial status of each project element in section 3 and on the total grant revenues received or claimed. • Section is Within five (5) business days after this ordinance is adopted, the City Clerk shall File a copy of this ordinance with the City of Dunn Finance Director. Adopted this, the loth day of December 2024 in the City of Dunn, North Carolina. • �2ac�000uoeRO ��� GjY �, iam P. Elmore J ayor �% ATTEST: ° 0 o ° ° CAL Melissa R. Matti City Clerk 0 CITY OF OR NORTH CAROLINA 401 E Broad St . PO Box 1065 . Dunn, North Carolina 28335 (910) 230-3500 - CityofDunn.org R2024-39 ATT#12 12-10-2024 Mayor William P. Elmore Jr. Mayor Pro Tom J. Wesley Sills Council Members April L. Gaulden Raquel McNeil Billy Tart Alan Hargis Dr. David L. Bradham City Manager Steven Neuschafer RESOLUTION DECLARING OFFICIAL INTENT TO REIMBURSE EXPENDITURES FROM PROCEEDS OF BORROWING WHEREAS; the City of Dunn desires to undertake certain improvements for the replacement and improvements of the Pearsall Street and Culvert, and WHEREAS; it is the intent of the City to finance those improvements through a long terns loan or other suitable financing and that the financing will be obtained as a result of a process involving Local Government Commission oversight, if necessary, and approval by the City Council, and WHEREAS; this Resolution and declaration (the "Declaration") is made pursuant to the requirements of the United States Treasury Regulations Section 1.150-2 and is intended to, constitute a Declaration of Official Intent to Reimburse under such Treasury Regulations Section, and WHEREAS: the City Council of the City of Dunn is authorized to resolve and declare the official intent of the City of Dunn, North Carolina with respect to the matters contained herein. NOW THEREFORE BE IT RESOLVED; that the City of Dunn proposes to undertake the Project as described below, to incur the related and necessary project expenditures, and to finance the cost of the Project with the proceeds of debt to be issued by the City for the project all as described below: 1. Expenditures to be incurred. The City of Dunn anticipates incurring maximum expenditures (the "Expenditures") of $2,655,650 for the Pearsall Street Culvert Project of the City of Dunn. 2. Plan of Finance. The City intends to finance the project costs with the proceeds of a long-term loan or other suitable form of debt; to be issued by the City (the "Borrowing"), the interest on which is to be excluded from gross income for Federal income tax purposes. 3. Maximum Principal Amount of Debt to be issued. The maximum principal amount of the Borrowing to be incurred by the City to finance the Project is $499,000. 4. Declaration of Official Intent to Reimburse. The City of Dunn, NC, hereby declares its official intent to reimburse itself with the proceeds of the Borrowing for any of the Expenditures incurred by it prior to the issuance of the Borrowing. 5. Unavailability of Long -Term Funds. No fiends for payment for the Pearsall Street Culvert project, from sources other than the borrowed Rinds, are or are reasonably expected to be, reserved, allocated on a long -tern basis, or otherwise set aside by the City pursuant to its budget or financial policies. 6. Public Availability of Official Intent Resolution. The Resolution shall be made available for public inspection at the'office of the City Finance Officer within 30 days after its I* Where communIN 6!�fnsf a • r • i approval in compliance with the applicable state law governing the availability of records of official acts and shall remain available for public inspection until the borrowed fiends are issued. t 7. Effective Date. This Resolution shall be effective upon its adoption and approval by the City Council. BE IT FURTHER RESOLVED, that such evidence of debt, checks, and drafts will be signed of authorized by any two of said officials. Adopted this, the 10'11 day of December 2024 at City of Dunn, North Carolina. • aaaa4aa-�Qnoe�o C' -g6 Y A/�r �6®eo r a °William P. Elmore, Jr. ®CP( �yor Attest: " �' �° " ` AL. d ✓'4„�, . oo� GG p, e 9 0 Melissa R. Matti City Clerk DUNNR2024-40 ATT#13 12-10-2024 RESOLUTION BY GOVERNING BODY OF RECIPIENT City of Dunn Sewer Collection System Rehab Project CS370417-06 WHEREAS, the North Carolina Clean Water Revolving Loan and Grant Act of 1987 has authorized the making of loans and grants to aid eligible units of government in financing the cost of construction of wastewater treatment works, wastewater collection systems, and water supply systems, water conservation projects, and WHEREAS, at the December 10, 2024, State Water Infrastructure Authority (SWIA) meeting, the Authority voted to award the City of Dunn additional funds. This resolution to accept is being adopted in anticipation of receiving a revised Funding Offer package from the North Carolina Department of Environmental Quality Division of Water Infrastructure as a Clean Water State Revolving Fund (CWSRF) Loan in the amount of $9,666,274 for the construction of wastewater collection system improvements project, and WHEREAS, . the City of Dunn intends to perform said project in accordance with the agreed scope of work, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUNN: That the City of Dunn does hereby accept the CWSRF Loan offer of $9,666,274. That the City of Dunn does hereby gives assurance to the North Carolina Department of Environmental Quality that any Conditions or Assurances contained in the Award Offer will be adhered to, has substantially complied or will substantially comply with all Federal, State and local laws, rules, regulations, and ordinances applicable to the project and to Federal and State grants and loans pertaining thereto. That City Manager Steve Neuschafer, the Authorized Official, and successors so titled, are hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with this project; to make the assurances as contained above; and to execute such other documents as may be required by the Division of Water Infrastructure. Adopted this the 10th day of December 2024 at City of Dunn, North Carolina. ®��eaeaaaoQ,°° ®°a GX-Ty OF ••cjORPORq • a� ��6tT lli-im P. Elmore, Ma ST• SEAL C ARO\� a Melissa R. Matti, City Clerk °®°eeoa�za6°� 'lUhere cammuni� kTins! 02024-35 MITT#13 12-10-2024 ka r DUN- �. ,ems �:� - A �,. � �. a _^°� � }� Capital Project Ordinance Amendment Sewer Collection System Rehab Project WHEREAS, the City Council for the City of Dunn, on June 8, 2 02 1, adopted the annual budget ordinance number 02021-11 for the fiscal year beginning July 1, 2021; and, WHEREAS, on September 14, 2021, the City Council approved a capital project ordinance for the Sewer Collections System Project in the amount of $2,000,000 with funding from the North Carolina Clean Water State Revolving Fund (CWSRF), loan project number CS370461- 06; and, WHEREAS, on July 12, 2022, the City Council approved a capital project ordinance amendment for this project to amend the budget to a total of $3,120,000; and, WHEREAS, on December 10, 2024, the State Water Infrastructure Authority approved additional CWSRF loan funding of $6,546,274 contingent on approval by the North Carolina Local Government Commission; and, WHEREAS, it is necessary and appropriate to amend the project budget in order to award the construction bid and reflect additional funding; 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: The Project authorized is the Sewer Collection System Rehab Project (loan project number CS370461-06) to be financed by the Clean Water State Revolving Fund (CWSRF) awarded to the City of Dunn by the North Carolina Department of Environmental Quality (DEQ) Division of Water Infrastructure (DWI) and is authorized to be undertaken until fall project activity is completed. Section 2: The officers of this unit are hereby directed to proceed with the grant project within the terms of the council resolution, grant/loan documents, the rules and regulations of the Division of Water Infrastructure (DWI), and the budget contained herein. The amount of funding appropriated, and amounts budgeted for construction and related costs, are approved as follows: FundinLy Aunronriations Installment Financing - SRF Loan Forgiveness Grant - SRF Operating Transfer for W&S Fund Total Funding Previous Budget Revised Budget Amendments Budget $ 2,620,000 $ 6,546,274 $ 9,166,274 $ 500,000 $ 500,000 $ 193,326 $ 193,326 $ 3,120,000 $ 6,739,600 $ 9,859,600 Where cammunf� 61m'sf ^n `Y to F J J.zUNN Expenditures: Administration $ 55,000 $ 138,326 $ 193,326 Engineering $ 405,000 $ 96,700 $ 501,700 Construction $ 2,395,264 $ 6,332,901 $ 8,728,165 Contingency $ 264,736 $ 171,673 $ 436,409 Total Expenditures $ 3,120,000 $ 6,739,600 $ 9,859,600 Section 3: The finance officer is hereby directed to maintain within the Sewer Collections System Project Fund sufficient specific detailed accounting records to satisfy the requirements of the funding agency, the grant agreements, and federal regulations. Section 4: Funds may be advanced from the Enterprise Fund or General Fund for the purpose of making payments as due. Reimbursement requests should be made to the State funding agency in an orderly and timely manner. Compliance with all federal and state procurement regulations is required. Section 5: The finance officer is directed to report, on a quarterly basis, on the financial status of each project element in section 2 and on the total grant revenues received or claimed. Section 6: The Budget Officer is directed to include a detailed analysis of past and future costs and revenues on this capital project in every budget submission made to this city council. Section 7: Within five (5) days after this ordinance is adopted, the City Clerk shall file a copy of this ordinance with the Finance Director. Suction 8: This capital project ordinance shall be effective immediately. Duly adopted this 10th day of December 2024. William P. Elmore 9�®0®@BOBBOBBpO� Mayor �® Attest: �jtYY (op�® s� �°° �� 4 CJORPOR4 SEAL 4 Melissa R. Matti �e�'°• °•'�, o City Clerk ' �oa,a Wkere comrnanz L!psi 0 r -. �' I T Y � � R20 2 O ATT#13 �VJDUNN 2024 RESOLUTION OF TENTATIVE AWARD City of Dunn Sewer Collection System Rehab Project CS370417-06 WHEREAS, the City of Dunn, North Carolina has received bids, pursuant to duly advertisement notice therefore, for construction of the Sewer Collection System Rehab Project; and, WHEREAS, the consulting engineers of WithersRavenel Inc have reviewed the bids; and, WHEREAS, Bio-Nomic Services, Inc was the lowest responsible bidder, in the amount of $8,728,164.10 (including the $164,102.40 alternate bid); and, WHEREAS, the consulting engineers recommend TENTATIVE AWARD to the lowest bidder, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUNN, that TENTATIVE AWARD is made to the lowest bidder in the Total Bid Amount of $8,728,164.10; and, BE IT FURTHER RESOLVED that such TENTATIVE AWARD be contingent upon the approval of the North Carolina Department of Environmental Quality and the City's approved funding sources and budget. Upon motion of Council Member �)v • V ! d- seconded by Council Member' �' the above RESOLUTION was unanimously adopted. This the 101h day of December 2024 at City of Dunn, North Carolina. ®0aaaeooaaeeeB ®� GO -Ty OP ®°`e William P. Elmor �4ayor ATTEST: o CJ0Bpoaq ® 9 • moo — SEAL Melissa R. Matti AAs CAPO-oa City Clerk 9rsaasaaaaa�� 'Mere coynmunii� 6e�insf Mayor CITY OF William P. Elmore Jr. R2024-42 ATT#13 Mayor Pro Tern 12-10-2024 J. Wesley Sills DUNNCouncil Members April L. Gaulden NOR T C R Raquel McNeil Billy Tart 401 E Broad St . PO Box 1065 . Dunn, North Carolina 28335 Alan Hargis (910) 230-3500 • CityofDunn.org Dr. David L. Bradham City Manager Steven Neuschafer RESOLUTION DECLARING OFFICIAL INTENT TO REIMBURSE EXPENDITURES FROM PROCEEDS OF BORROWING WHEREAS; the City of Dunn desires to undertake certain improvements for the replacement and improvements of the City of Dune's Sewer Collection System, and WHEREAS; it is the intent of the City to finance those improvements through a long term loan or other suitable financing and that the financing will be obtained as a result of a process involving Local Government Commission oversight, if necessary, and approval by the City Council, and WHEREAS; this Resolution and declaration (the "Declaration") is made pursuant to the requirements of the United States Treasury Regulations Section 1.150-2 and is intended to constitute a Declaration of Official Intent to Reimburse under such Treasury Regulations Section, and WHEREAS: the City Council of the City of Dunn is authorized to resolve and declare the official intent of the City of Dunn, North Carolina with respect to the matters contained herein. NOW THEREFORE BE IT RESOLVED; that the City of Dunn proposes to undertake the Project as described below, to incur the related and necessary project expenditures, and to finance the cost of the Project with the proceeds of debt to be issued by the City for the project all as described below: 1. Expenditures to be incurred. The City of D-Lum anticipates incurring maxim -um expenditures (the "Expenditures") of $9,859,600 for the Sewer Collection System Rehab Project of the City of Dunn. 2. Plan of Finance. The City intends to finance the project costs with the proceeds of a long-term loan or other suitable form of debt, to be issued by the City (the "Borrowing"), the interest on which is to be excluded from gross income for Federal income tax purposes. 3. Maximum Principal Amount of Debt to be issued. The maximum principal amount of the Borrowing to be incurred by the City to finance the Project is $9,666,274. 4. Declaration of Official Intent to Reimburse. The City of Dunn, NC, hereby declares its official intent to reimburse itself with the proceeds of the Borrowing for any of the Expenditures incurred by it prior to the issuance of the Borrowing. 5. Unavailability of Long -Term Funds. No fiends for payment for the Sewer. Collection System Rehab project, from sources other than the borrowed funds, are or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside by the City pursuant to its budget or financial policies. Where commani� 6ifnsl • • '6. Public Availability of Official Intent Resolution. The Resolution shall be made available for public inspection at the office of the City Finance Officer within 30 days after its approval in compliance with the applicable state law governing the availability of records of official acts and shall remain available for public inspection until the borrowed funds are issued. 7. Effective Date. This Resolution shall be effective upon its adoption and approval by the City Council. BE IT FURTHER RESOLVED, that such evidence of debt, checks, and drafts will be signed or authorized by any two of said officials. Adopted this, the 101h day of December 2024 at City of Dunn, North Carolina. 9®��p9BBBBPg®0 GITY 0 CjORPO Attest: w a 0 Melissa R. Matti City Clerk William P. Elmore, J . Mayor J x 0 R2024-43 ATT#14 CIT 12-10-2024 r 11L.-J" -L-1 U ell s DUNN • . RESOLUTION FOR A RESPONSE TO THE INDEPENDENT AUDITOR'S (AND LOCAL GOVERNMENT COMMISSION) FINDINGS, RECOMMENDATIONS, AND FISCAL MATTERS FOR A FINANCIAL PERFORMANCE INDICATOR OF CONCERN FOR THE FY24 ANNUAL COMPREHENSIVE FINANCIAL REPORT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUNN THAT: Section 1: The governing body and city staff have received and reviewed the Annual Comprehensive Financial Report (ACFR) for fiscal year ending June 30, 2024, and is aware of a financial performance indicator of concern (FPIC) as noted by the audit firm and the North Carolina Local Government Commission (LGC). Section 2: The Mayor and City Councilmembers have been presented with the information in .Section 1 above and city staff have provided a response to this FPIC (see attached letter). Section 3: The governing body and city staff acknowledge the FPIC and agree with the statement as presented in the attachment noted in Section 2. Section 4: This resolution is effective upon adoption by the City Council and signed by the members of the governing board, City Manager, and Finance Director. Section 5: Within five (5) days after adoption of this resolution the City Clerk shall file a copy of this resolution with the Finance Officer. Adopted this 10th day of December 2024. 0�9®9BBVBBBOBBO _ William P. Elmore Jr. �ORPO,�q o � ;�, o0 6Nrgyor ATTEST: SEAL xt� 7 CARD �aa Melissa R. Matti City Clerk I* 'Hl&re commani� 6!qinsl 0 I* RESOLUTION FOR A RESPONSE TO THE INDEPENDENT AUDITOR'S (AND LOCAL GOVERNMENT COMMISSION) FINDINGS, RECOMMENDATIONS, AND FISCAL MATTERS FOR A FINANCIAL PERFORMANCE INDICATOR OF CONCERN FOR THE FY24 ANNUAL COMPREHENSIVE FINANCIAL REPORT (cont.) !� a J. Wesley Sills Councilmember - District 1 r �G Raqu cNeil Councilmember - District 3 r Alan argis Councilmember - District 5 City Manager April Gaulden Councilmember - District 2 Billy Tart Councilmember - District 4 i Dr. David Bradham Councilmember - District 6 Vfiere community bTinsf T - D N IJN� NORTH R NA 401 E Broad St - PO Box 1065 . Dunn, North, Carolina 28335 (910) 230-3500 - CityofDunn:org December 5, 2024 North Carolina Department of State Treasurer State and Local Government Finance Division Local Government. Commission 3200 Atlantic Avenue Raleigh, NC 27604 Dear Local Government Commission and Mr. Eubanks: Mayor William P. Elmore Jr. Mayor Pro Tern J.'Wesley Sills Council Members April L. Gaulden Raquel -McNeil Silly Tart Alan Hargis Dr. David L. Bradham City Manager Steven'Neuschafer Thompson, Price, Scott, Adams & Co., P.A. Attn: Austin Eubanks, CPA,'CFE —Audit Manager 4024 Oleander. Drive Suite 3 Wilmington, NC 2840.3 This letter is in response to the Financial Performance1ndicators and Responses (FPIC) related to the FY24 Annual Comprehensive Financial Report (ACFR) for the City of Dunn, NC. The Data Input Workbook (DIW) indicated an "operating net loss excluding depreciation, including debt service principal'and interest" for -the City's Water and Sewer Fund. The net -loss reported on'the DIW is ($471,465). The reason for this deficit was due to a $1;4.36,-000 debt payment on.a bond anticipation note which was simultaneously replaced with a $1,436,000 United States Department of Agriculture (USDA) loan for a sewer construction project. The proceeds from the USDA loan are not factored in ,the formula for this line of the DIW.. If these proceeds were included in this calculation, the actual DIW figure would be a net profit of $964,535. Therefore, it is the opinion -of the city staff that"this cash .flow indicator from the DIW does not represent a concern regarding the current water -and sewer service revenue rates or current expenditures. The City of Dunn is closely monitoring our future debt payments and has increased water and sewer rates for fiscal year.2025. Please accept this letter as our response to the FPIC related to the FY24 ACFR. If you have any questions, please contact us. Since Steven Neuschafer Cary M' allan City Manager Financ irector 0 lure commuwn &!'Yi1S! EPIC b 1, :rl - csg- tpsa cpasxom > Aus5lin PU MS <aeubaffl To CatyE. twlcMallan (@YOLfTEPIPdtlOthlS MRSS-Zlge On 12jU-21U14 TO:58AM. Q pfRe PRey 21Y Ali There was an input error ,ors the Data input where the Princlp& Payment on Long Term RecelvabLe %va-s inserted intothe PrIncippLPayment on LongTerm Debt tine -item. The arCtuaL:LTDPflnCl'P-a'IP d amount was significantly higher and has caused a PPIC to be shmm, that Witt need to be addressed and signed by the Beard. Please see betow foythie,lodlotor. Thdillksl fist "banes, tPAr Audit Manage . r TOSA" IWIM-Ofigton 4024 Oleander Drive Suite 103 'qton- N -rnih CONFIDEN,T,,IAUTYSTATEt,A�-Eiismessage uding,amyzl,,tx-&,met ts)may cc.,it,afnconfident-aBdter.tfnf6rmaUcn.-d'beihlbrmaftn,gsfnteidedc,,nkf,brtheuse .,ot'theindfvidual.c.re,nt't.y*.c zRidtWit Ois; isk,&-a5Cd"'lfy.oyj, are h&.thtaddress &the e-m8ll WAO—nktmded recipient ybu are hL-*byrzw-'HfItM,fh6tarqr review, use�.dMenlnatlon, distrfbuftri� dlsdo-sure,lco;;y[rTg rlOfn atv I this inform iy action ilh r6lla%.e �Om lbe COM4"Is d' -atTen -str;id pr6N.blted.. TrA7i7F»h iRL)iPcLMUCAiW 11r.A DALE i r�a> avILL, CPA QENARTMENT ®F STATE TR.EASUkER. STATE AND LOCAL GOVERNMENT.FINAN. CE DIVISION AND THE LQ A1. G6' Itl iWENT COMMISSION ;Date: December 4, 2024 To: City of Dunn.-- crncnallan@dunn-nc.org - Cary NcNallan Thompson, Price, Scott, Adams & Co., P.A. — aeubanks@tpsacpas.com From: Becky Dzingeleski, financial reviewer — BeckyDzingeleski(a-_)nctreasurer.com The June 30, 2024 financial statements for the above -named unit have been received. Additional ;review was required since the City is planning to come to the LGC for Debt approval. The item on the ;following.. page, related to the unit's financial statements, has been noted and will require your review =and possible re -submission of the Data Input W, - orkbook. :Corrections -must be sent through the portal. The portal address to upload your corrected document is https:HlgcDortal.ndtre-asurer.com/. Please note: All modificationsor corrections to the audit report or Data Input Workbook must be identified as 'a resubmission on the LGC Portal. Audit reports should be resubmitted using the Audit Reports selection on the portal and Data Input Worksheets should be .resubmitted using the Data nput Worksheet selection. The instructions .outlining he resubmission -process are available at: https ,//wwwmdtreasurer.com/links/state=and--local-govemment-finance/lgc/local-fiscal- management/annual-audit/submitting-your=0#resubmitting=audit-reports=and-data 3200 Atlantic Avenue - Raleigh, North Carolina 27604 Courier #56-20-45 Telephone: (91.9) 814-4300 - Fax: (919) 855-5812 www.NCTreasurer.com 0 • 0 Audit Report Communication December 4, 2024 Page 2 Financial Items that Need Attention This Fiscal Year General Area S ecific slue DIW — Data Input Workbook: "Unit The answer to the question in cell F162 "Principal: Data from Audit worksheei" tab paid on long-term debt. Amount should be reduced by principal payments for debt refunding"does not appear to agree to Exh. 8 (pg. 19) or the "Changes in Long -Term Liabilities" note -(pg. 38). Please review, correct appropriate then. re -submit the DIW. If this correction is appropriate, then cell G118 on the Performance Indicator of Concern tab may indicate an "Operating Net Loss excluding depreciation, including debt se:ervice principal and interesf'. The City will be required--to.-provide a detailed respond; address this concern. Before the LGC meeting for deb approval a FPIC response letter must be received and reviewed by LGC staff. The guidance on the FPIC response can be found on our website. Submitting Your 2024 Audit I NC Treasurer_— scroll down to F nair� aa[ �e.rf�rrn,ance ndicator and_R' s t : he:L :�C FYI - NC Administrative Code-20-NCAC 03 .0508`RESPONSE.TO THE';INDEPENDENT AUDITOR'S FINDINGS, requires that the FRIC response must be signed by a majority of the members of the governing body. CITY OF DUNN BUDGET ORDINANCE AMENDMENT Department: Admin Budget Amendment #: 20 FISCAL YEAR ENDING: 6/30/2025 Date: 12/10/2024 ,propne noun -o ropna o FUND: Acct # LINE ITEM. DESCRIPTION `' p Before lon Amendment PP,After n .. r.,Amendment ;, ; ".Increase % (D.ecrease) Amendment General 010-0500-4510 Professional Services - 8,616.00 $ 8,616.00 Water and Sewer 030-0710-4510 Professional Services - 4,784.00 4,784.00 EXPENDITURE�.TOTAL. $,;_.v $::,13,40000 $�'� 1340000.:� 'Appropriation " °� � Amounts"of �:' Appropriation FUND: Acct# LINE'ITEM DESCRIPTION Before Arriendment After =.Arr�entlment :"" ,:Increase / (Decrease),.Amendment General 010-0368-2001 Fund Balance Reserves $ 719,568.30 $ 8,616.00 $ 728,184.30 Water and Sewer 030-0390-4000 Fund Balance Reserves $ 865,534.00 $ 4,784.00 870,318.00 `REVENUE -TOTAL: $, 1,58t, 0 CERTIFICATION: I certify this requested budget amendment was 4apved e City Council on: City Manager: -70 Finance Director: JUSTIFICATION: Allocate funding fog: survey or `'related to�the:fib"er line ksetween City f �Hall'Eihd the`LibfaN.- The survey is required ,by the, NCDOT. FUNDING SOURCE: s"FY24 funtl balance reserves I I$ _ $; : 13 400 00 . •$' 1 598'30 ,502: 12/10/2024 12/10/2024 W it