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Agenda 09-10-2019Dunn City Council Meeting Agenda Tuesday Evening, September 10, 2019 7:00 p.m., Dunn Municipal Building Call to Order Invocation Pledge of Allegiance 69xN1[�]i! 1) Adjustment and Approval of the September 10, 2019 meeting agenda PRESENTATIONS 2) Presentation to the family of the late William P. "Abe" Elmore 3) Presentation to Police Officer Ricky Jackson 4) Advanced Metering Infrastructure Project Review PUBLIC COMMENT PERIOD 5) Each Speaker is asked to limit comments to 3 minutes and they must sign up on sheet available on the podium within the Council Chambers prior to the start of the meeting. Total comment period limited to 30 minutes. PUBLIC HEARINGS 6) Voluntary Annexation — Willoughby ANX-01-19 CONSENTITEMS 7) Minutes—August 13, 2019 8) Temporary Blocking of Streets — First Presbyterian Church 9) Temporary Blocking of Streets — NC Cotton Festival 10) Consideration of Resolution declaring Badge and Service Weapon carried by Police Officer Ricky Jackson surplus and awarding to him on his Retirement 11) Consideration of Resolution to accept State Loan for WWTP Aeration Project 12) CALEA Crime Analyst Manager ITEMS FOR DISCUSSION AND/OR DECISION 13) Consideration of Voluntary Annexation — Willoughby ANX-01-19 14) Consideration of Ordinance to Demolish — 204 Ammons Rd 15) Acceptance of Golden Leaf Foundation Grant for Inflow and Infiltration Assessment 16) Consider Professional Services Agreement for State Revolving Fund Waterline Rehab Project — Dunn - Erwin Road 14 inch Water Line Abandonment and E Wake Water Line Improvements 17) Authorization for USDA Loan Application — Vehicles and Equipment 18) Tart Park Construction Considerations 19) Consideration of Environmental Enhancement Grant 20) Financial Report/Assessment Update 21) Administrative Reports Public Works Public Utilities Parks & Recreation Library Planning & Inspections Police 22) City Manager's Report 23) Announcements 24) Information 25) Closed Session — If called, the General Statute(s) allowing the Closed Session will be cited in the motion ADJOURNMENT "This institution is an equal opportunity provider and employer" Adjustment and Approval of the September . . r 1 4 DUNN b ca ljjjj� City/ Council Agenda g p 1989 * 2013 Meeting September i SUBJECT TITLE: Special Presentation to the family of William P. "Abe" Elmore Presenter: Mayor Harris and City Council Department: Governing Body Attachment: Yes No Description: Resolution Public Hearina Advertisement Date: PURPOSE: A Resolution will be presented to the family of the late William P. "Abe" Elmore, who served the City of Dunn as Mayor, May 6, 1971 to December 1, 1983 and December 7, 1995 to December 2, 1999. Abe was serving as Harnett County Commissioner for District 2 at the time of his death in May. BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: ®U.0 _ DLUNN D"NN AIFAmeMca City // city of duan X16 a amnntff4 1=411rs 5&6&&_l/ V 1989*3013 9fonoring the Life and Service of the Cate Wiffiam P. `Abe"fECmore WHEREAS, the City of Dunn and its residents lost a dedicated public servant and leader with the death of William P. "Abe" Elmore on May 19, 2019 at the age of 86; and WHEREAS, Abe Elmore has left a legacy of leadership, community and civic service, entrepreneurship, and of strong perseverance with a determination to make a difference in the life of others and the community he loved and called home; and WHEREAS, Abe served our ASI -America City as Mayor for four terms; 1971 to 1983 and again 1995 to 1999. His strong sense of civic duty led him to active roles in not just the City of Dunn, but Harnett County and the State of North Carolina. He served as a US Commissioner from 1960 to 1971; as a member of the Economic Development Board under Governor Jim Martin from 1985 to 1993; and as a Harnett County Commissioner, representing District 2, from 2014 until his death in May; and WHEREAS, Abe was the owner of Elmore Furniture Company in downtown Dunn and enjoyed a successful career in the furniture business that spanned more than 60 years. Maybe it was his passion for business and his appreciation of the entrepreneur spirit that led him to make such an impact in local government and the business community; and WHEREAS, Abe spearheaded efforts in establishing a business incubator in Dunn, Triangle South Enterprise Center, which is the second oldest business incubator in North Carolina, and over the last 30 years has contributed to the creation of more than 150 new businesses and nonprofits and nearly 2,500 jobs. He also was a founding member and served as President of the Dunn Area Committee of 100, a small business lending program to help develop and grow small businesses locally and across the State; and WHEREAS, Abe's efforts in economic development led many to refer to him as "Mr. Economic Development" Abe was instrumental in bringing businesses, industries and jobs to the City of Dunn and Harnett County, leading efforts to establish the Edgerton Industrial Park, and being instrumental in bringing Morganite and the Food Lion Distribution Center here to Dunn; and WHEREAS, Abe's community service has made this gentleman legendary through the many years that he has actively contributed to so many organizations. Abe served as President of the Downtown Organization for Revitalization and spearheaded the campaign to initially save the Stewart Theatre and maintain it as a home for the Harnett Regional Theatre and many other functions. He chaired Dunn's annual Christmas Parade for 52 years; and WHEREAS, Abe was a member of the Dunn Shrine Club for over 50 years serving as Treasurer for 15 years, leading the Club in raising the needed funds to renovate the former Piggly Wiggly into the club's current home, the Dunn Shrine Center, and served many years on the Board of Governors for the Shriners Hospital for Children in Greenville, SC. Abe was also a Mason for more than 55 years, He was a member of the Dunn Kiwanis Club, serving in many offices Including President and Treasurer, and had perfect attendance for 55 years. He also served on the Betsy Johnson Hospital Board for 9 years; and WHEREAS, Abe was an active member and avid supporter of the Dunn Area Chamber of Commerce for more than 60 years, serving as President in 1965. He is also one of only three, who have been awarded the prestigious Man of the Year award twice, 1966 and 2008, and was also awarded the Small Business Person of the Year in 1991. Abe was presented many other honors and awards in his lifetime including the Distinguished Service Award by the Dunn Junior Chamber of Commerce in 1965, Order of the Long Leaf Pine in 1990, the Distinguished Citizen Award from the Boy Scouts of America, and the M. H. "Sack" Brock Memorial Award in 2018 from the Mid -Carolina Council of Governments; and WHEREAS, the charity Abe was most passionate about was the Baptist Children's Home of North Carolina, where he served for more than 43 years and was presented the Heritage Award in 2003; and WHEREAS, and most importantly, Abe married the love of his life, Jackie Campbell, on Christmas Day, 1953 and together they have raised four children, Cathy Elmore Paschal, William Elmore, Carolyn Elmore and Laura Elmore Goodrich and they have 10 grandchildren and 20 great grandchildren with another one on the way. Abe and Jackie were charter members at Westfield Baptist Church where they have been members since 1961 and he served there as a Deacon and as Treasurer; and WHEREAS, Abe's love for the Wake Forest Deacons was no secret to us in Dunn as the "DeacMobile" was stationed right outside his business. Abe attended Wake Forest College and graduated with a Bachelors of Business Administration. He worked his way through college sewing as the Head Equipment Manager for the football team. He was the first non -athlete to be elected President of the Monogram Club and chaired the Wake Forest Has -Been Club, a group of former athletes for 35 years. He was such a fan that at his celebration of life, his grandchildren honored h'nn by playing his beloved Wake Forest University Fight Song and cheering "Go Doses" at the appropriate times. NOW TBIWEFORE BE IT RESOLVED, that I, Oscar N. Harris, Mayor and the Dunn City Council, on behalf of all those who call Dunn home and on behalf of his many friends, express our most sincere gratitude for the life and service of this legendary man, Abe Elmore, and the many contributions that he made to improve our City, County and State; the Council further extends our gratitude to Jackie and her family, for sharing Abe with all of us and offer our deepest condolences. AdopteCtbis, the 10tfi (Day ofSeptem6er, 2019. scar N. Harris, Mayor Attest: ly Williar s, Ci Clerk` DUNN All -America CIV it, of.111,11, a111l City Councilge ,dForm Meeting Date: September 1 $ 1989 * 2013 SUBJECT TITLE: Presentation to Police Officer Ricky Jackson Presenter: City Manager Neuschafer Department: Administration Attachment: Yes X No Description: Public Hearing Advertisement Date: PURPOSE: Presentation to Police Officer Ricky Jackson on his retirement. BACKGROUND: BUDGET IMPACT: RECOMMENDATIONIACTION REQUESTED: ®® north carolina DLJN DUNK AII•Americaeil� city of dunn wore mvzvzt!ir =4ers 19897('2011 Expressing Appreciation to Officer 12ic(y 7. Jackson upon . Cis Retirement WHEREAS, Ricky T. Jackson retired on October 1, 2019 as a member of the Dunn Police Department with more than 22 years of service; and WHEREAS, Ricky began his career in law enforcement serving as an Auxiliary Officer for two years beginning in 1993 and was later hired as a Police Officer I in February of 1997; and WHEREAS, Ricky began serving as a School Resource Officer in 1998 and served in the schools for twenty years, impacting many young lives as a Police Officer before returning to Patrol in 2018. During his service, he was promoted to Police Officer II in 1999, Police Officer III in 2008, and Sergeant in 2012; and WHEREAS, Ricky has proven himself to be a dedicated and efficient public servant who has gained the admiration and respect of his fellow workers and the residents of the City of Dunn; and WHEREAS, Ricky has worked faithfully and diligently; one that you could depend upon to do whatever it took to get the job done; and WHEREAS, the Mayor and City Council of the City of Dunn are desirous on behalf of themselves, the other City officials and employees, and the residents of the City of Dunn, of expressing to Ricky T. Jackson their deep appreciation and gratitude for the service rendered by him to the City over the years. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council that we offer Ricky our very best wishes for success, happiness, prosperity and good health in his future endeavors. This Resolution shall be incorporated into the official Minutes of the City of Dunn, and shall be in fall force and effect from and after this 10111 day of September, 2019. scar N. Harris, a or Attest: k T � Williarr s, City Cleric L —9 DUNN f Y✓ l Councilcity Agenda ,9: Y8;: s Form r 1989 * 2013 Meeting Date: September 10, 2019 SUBJECT TITLE: Advanced Metering Infrastructure Project Review Presenter: Lauren Brown, MeterSYS Department: Public Utilities/Finance Attachment: XYes No Description: Slide Deck Public Nearing Advertisement Date: PURPOSE: MeterSys will provide an update regarding the water meter project and the customer portal. BACKGROUND: BUDGET IMPACT: RECOMMEN DATIONIACTION REQUESTED: 8/30/2019 ®usin norCh UUNN inn ::ity of dttun 21zere C07112n i ??Weeps City of Dunn, NC Advanced Metering Infrastructure Project Review Council Presentation—September 10, 2019 Offiviliffne I illi- - •-Project -AMI Network -Testing and -Full Deployment - AMllnstallation Initiation, Planning, and Oversight Infrastructure Evaluation Installation -Systems Integration -Staff Training Project Closeout -System Acceptance II�i,Y VIII �x9F,{ z 8/30/2019 e- Cellular Data Center i Sensus Software Anaiyucs and RNI Sensus accuSTREAM Meters Basestation 3 Benefits to Utility Customers: • Improved accuracy of meter • Near real-time read data • Proactive issue notification • Future access to data through customer portal Coming soon in customer portal: • Customer self-service • Proactive issue resolution • Prompt customer notification • Improved visibility of consumption trends and patterns • Water conservation benefits Access • Insight t Benefits to the Utility: • Improved system management • Enhanced operational efficiencies • Robust reporting and analytics • Reduced non -revenue water loss • Expandable network functionality Pay Bill Pay Bill i Pay Bill Pay Gilt 6 8/30/2019 J 8/30/2019 Adopted 8-4-05 CITY OF DUNN CITY COUNCIL PUBLIC COMMENT POLICY The City Council for the City of Dunn does hereby adopt a Public Comment Policy to provide at least one period for public comment per month at a regular meeting of the City Council. This policy shall remain in effect until such time that it is altered, modified, or rescinded by the City Council. All comments received by the City Council during the Public Comment Period shall be subject to the following procedures and rules: 1. Anyone desiring to address the City Council must sign up and register on a sign- up sheet available on the podium within the City Council chambers prior to the Mayor calling the meeting to order. The sign-up sheet shall be available thirty (30) minutes prior the beginning of the City Council meeting in the City Council Chambers. Once the Mayor has called the meeting to order, the City Cleric shall collect the sign-up sheet and deliver it to the Mayor. The speaker shall indicate on the sign-up sheet his or her name, address and matter of concern. 2. The Public Comment Period shall be for thirty (30) minutes. 3. Comments are limited to three (3) minutes per speaker. A speaker can not give their allotted minutes to another speaker to increase that person's allotted time. 4. Each speaker must be recognized by the Mayor or presiding member of the City Council as having the exclusive right to be heard. Speakers will be acknowledged in the order in which their names appear on the sign up sheet. Speakers will address the City Council from the podium at the front of the room and begin their remarks by stating their name and address. 5. Individuals who sign up but can not speak because of time constraints, will be carried to the next regular meeting of the City Council and placed first on the Public Comment Period. 6. During the Public Comment Period, a citizen, in lieu of or in addition to speaking may pass out written literature to the City Council, City Staff and audience. 7. Groups supporting or opposing the same position shall designate a spokesperson to address the City Council in order to avoid redundancy. 8. After the citizen has made his or her remarks, he or she will be seated with no further debate, dialogue or comment. 9. The Public Comment Period is not intended to require the City Council to answer any impromptu questions. Speakers will address all comments to the City Council as a whole and not one individual Council member. Discussions between speakers and members of the audience will not be allowed. The City Council will not take action, or respond to questions about, issues raised during the Public Comment Period at the same meeting. 10. Speakers shall refrain from discussing any of the following: matters which concern the candidacy of any person seeking public office, including the candidacy of the person addressing the City Council; matters which involve pending litigation; matters which have been or will be the subject of a public hearing; and matters involving specific personnel issues related to disciplinary matters. If the speaker wishes to address specific personnel issues related to disciplinary matters, he or she should take their comments to the City Manager, who shall share the comments with the City Council. 11. Speakers shall be courteous in their language and presentation. 12. The Mayor and City Manager shall determine, on a month to month basis, where the Public Comment Period will appear on the monthly agenda when developing the agenda, prior to its publication. 13. The Public Comment Period shall only be held during the regularly scheduled monthly meeting of the City Council. There shall not be a Public Comment Period at any other meetings of the City Council, unless specifically approved by the City Council. bcftd I— - 0D D � 0" 11 N- � N"" � 11111.1 City A, Agenda ..�.. A 8.. 1nt 111111l YY 1989 * Meeting Date-, September 10, 2019 I2013 SUBJECT TITLE: Public Hearing for Voluntary Annexation Petition ANX-01.19;1001 Meadowlark Rd, owned by John A. Willoughby Jr. and Clarice Willoughby - PIN #1517.65.0443.000 Presenter: City Manager Neuschafer Department: Admin Attachment: X Yes No Description: Notice of Public Hearing Public Hearinq Advertisement Date:08-29-2019 PURPOSE: The public has been notified that oral and written comments will be heard and received concerning the question of voluntary contiguous annexation petition ANX-01-19; +/-18.96 acres at 1001 Meadowlark Rd, owned by John A. Willoughby Jr. and Clarice Willoughby. The property is identified by the Harnett County Registry as PIN #1517-65-0443.000. The Public Hearing was duly advertised on August 29, 2019. BACKGROUND: At the July meeting, the Council adopted a Resolution Directing the Clerk to Investigate a Voluntary Annexation Petition for ANX-01-19. The Clerk has certified the sufficiency of the petition and Resolution fixing the date of the Public Hearing for September 10, 2019 was adopted at the August 13, 2019 Council meeting. BUDGET IMPACT: RECOMMEN DATIONIACTION REQUESTED: NOTICE OF PUBLIC HEARING ON REQUEST FOR ANNEXATION The public will take notice that the City Council of the City of Dunn has called a public hearing at 7:00 p.m. on the 101 day of September 2019, at the Dunn Municipal Building on the question of annexing the following described territory, requested by petition filed pursuant to G.S. 160A-31: Property owned by John A. Willoughby and wife, Clarice L. Willoughby 1001 Meadowlark Rd, Dunn NC BEING all that tract of land containing a gross area of +/- 18.96 acres (825,834 square feet) located in Averasbom Township, Harnett County, North Carolina; said tract being owned by John A. Willoughby and wife, Clarice L. Willoughby as described in Deed Book 3643, Page 153 of the Harnett County Registry and being more particularly described by courses based on North Carolina Grid Coordinate System (NAD83/2011) and distances according to a survey entitled "ALTA/NSPS Land Title Survey of The Land of Cubem Solar, LLC for Cypress Creek Renewables, LLC" prepared by McKim & Creed, hie. dated October 12, 2018, and being more particularly described as follows: BEGINNING at an iron pipe found having NC Grid (NAD83/11) coordinates of Northing = 574,985.57 feet, Easting = 2,116,547.85 feet; said iron pipe being in the right-of-way line (allowing 60 feet) of Meadowlark Road, the POINT OF BEGINNING, thence departing the right- of-way line (allowing 60 feet) of Meadowlark Road with the eastern line of Dogwood Creek Land Holdings, LLC the following two calls, (1) South 88 deg. 36 min. 58 sec.West 1054.41 feet to an iron pipe found and (2) North 07 deg. 25 min. 34 sec. East 822.52 feet to an iron pipe found in the center of a ditch, said iron pipe being the common corner of Dogwood Creek Land Holdings, LLC; Harnett County Board of Education and William A. Glover, Jr., thence along a ditch comprising the southern line of William A. Glover, Jr. and Emily T. Weaver, Ricky Weaver, and Teresa W. McDaniel, North 80 deg. 55 min. 59 sec. East 858.76 feet to an iron rod set in the right-of-way line (allowing 60 feet) of Meadowlark Road, thence with the right-of-way fine (allowing 60 feet) of Meadowlark Road the following two calls, (1) South 05 deg. 52 min. 56 sec. East 808.67 feet to an iron rod set and (2) with a curve to the left having a radius of 1730.56 feet, on are length of 122.28 feet, a chord bearing of South 07 deg. 56 min. 24 sec. East 122.25 feet to an iron pipe found, the Beginning iron pipe found. Tammy Williams City Clerk Advertise: August 29, 2019 NOTICE OF PUBLIC DARING ON REQUEST FOR ANNEXATION The public will take notice that the City Council of the City of Dunn has called a public hearing at 7:00 p.m. on the 101" day of September 2019, at the Dunn Municipal Building on the question of annexing the following described territory, requested by petition filed pursuant to G.S. 160A-31: Property owned by John A. Willoughby and wife, Clarice L. Willoughby 1001 Meadowlark Rd, Dunn NC 18.96 +/- acres - PIN 41517-65-0443.000 (a metes and bounds description is available in the office of the City Cleric, Dunn Municipal Building, 401 E. Broad Street, Monday -Friday 8:00 a.m.-4:00 p.m.) Tammy Williams City Clerk Advertise: August 29, 2019 Reply [Lc! Reply All H Forward ,. s 5 TUe 820/2019 11.01 ANI classifieds@mydailyrecord.com 11 d Re: Legal Notice To Tammy Nnlliams ;Message j ;, REQUEST FOR ANNEXA40N.jpg (40 KB) Cost is $ 84.89. Thank you. On 8/19/2019 2:42 PM, Tammy Williams wrote: Please publish the attached annexation notice on August 29, 2019. Also, please send me confirmation with proof and price. Thanks! ra*wny walla*nk City Clerk City of Dunn 910-230-3501 Martha Jones -Carter The Daily Record/Mt.Olive Tribune Phone: 910-230-2012 Fax: 910-891-1234 or 910-230-2012 NOTICE OF PUBLIC HEARING ON REQUEST FOR ANNEXATION The public will take notice that the City Council of the City of Dunn has called a public hearing at 7:00 p.m. on the 10th day of September, 2019, at the Dunn Municipal Building on the question of annexing the following described territory, requested by petition filed pursuant to G.S. 160A-31: Property owned by John A. Willoughby and wife, Clarice L. Willoughby 1001 Meadowlark Rd, Dunn NC 18.96 +/- acres - PIN #1517.65-0443.000 (a metes and bounds description Is available in the office of the City Clerk, Dunn Municipal Building, 401 E. Broad Street, Monday -Friday 8:00 a.m.-4:00 p.m.) Tammy Williams City Clerk 8/29/19 DUNN r' .All -America City All -America CIW 11111.1 CityCouncil } Meeting Date: August 13, 2019 1989 * 2013 1999 * 2013 Presenter: Attachment: X Yes No Description: Aug2019 Minutes Public- I. PURPOSE: BACKGROUND: BUDGETIMPACT: RECOMMENDATION/ACTION REQUESTED: Motion to approve the August 13, 2019 Minutes as presented. MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Tuesday, August 13, 2019 at 7:00 p.m. in the Dunn Municipal Building. Present: Mayor Oscar N. Harris, Mayor Pro Tem Frank McLean, Council Members Buddy Maness, Dr. Gwen McNeill, Billy Tart, Chuck Turnage and Dr. David L. Bradham. Also present: Chy Manager Steven Neuschafer, Assistant Cit), Manager Mathes, Boone, Finance Director Jim Roberts, Public Utilities Director Heather Adams, Public Works Director Vince Washington, Planning Director George Adler, Chief Building Inspector Steven King, Chief oj'Police Chuck West, Parks and Recreation Director Brian McNeill, Human Resources Director Anne Thompson, Librarian Mike Williams, Community Planner Tasha McDowell, Administrative Support Specialist Connie Jernigan, Attorney Tilghman Pope, and City Clerk Tammy Williams. Guests recognized by Mayor Harris: Emily Weaver with The Daily Record,- from Boy Scout Troop 711: Leaders Rob Jones and Lee Honeycutt with scouts: Jonathan Honeycutt, Matthew Jones, Cade Ouber, Nicholas Sifuentes and Brady Wilson INVOCATION Mayor I-Iairis opened the meeting at 7:00 p.m, and Rev. Randy Beasley, Pastor at Lee's Grove Pentecostal Freewill Baptist Church gave the invocation. Afterwards, the Pledge of Allegiance was recited. AGENDA ADJUSTMENT AND APPROVAL Motion by Council Member Turnage and second by Mayor Pro Tem McLean to adopt the August 13, 2019 meeting agenda with changes as listed below. Agenda Items Added: • Consent Item: Resolution to declare City owned personal property surplus and disposition of that property • Item for Discussion: Alley Assessment by the City Manager and staff as discussed at the Planning Retreat Motion unanimously approved. PRESENTATIONS: Mark B. Johnson, County Commissioner Mayor Harris made a special presentation to Mark Johnson, who was recently appointed to the Board of Commissioners to replace the late Abe Elmore. Johnson was presented a framed newspaper article announcing his appointment and a framed "Order of the Long Leaf Pine." Many of his family and friends, including his wife, Ruby and son, Matthew Johnson were in attendance as well as members of the Harnett County Board of Commissioners: Chairman Gordon Springle and Commissioner Howard Penny as well as Coley Price, Assistant County Manager. Employee Introductions The following employees were introduced to the Council: Administration - Angela M. (Angie) Wilkins, Custodian; Finance - Kayley B. Hawley, Finance/Customer Service Representative; Police Officers - Christopher M. Eason, Justin T. Jones, Cory A Sellew and Animal Control Manager - Courtney R. Hayter; Parks and Recreation - Kenneth P. (Ken) Stephenson, Maintenance Worker Mayor Harris recessed the meeting for a short break and reconvened the meeting at 7:23 p.m. PUBLIC COMMENT PERIOD The Public Comment Period was opened by Mayor Harris at 7:23 p.m. Having no comments, the Public Comment period was closed. Mayor Harris recessed the meeting to begin Public Hearings. PUBLIC HEARINGS: Closing of Public Streets— 200 block of East Best St and portion of Wilson Avenue Mayor Harris opened the public hearing at 7:23 p.m. The public has been notified that oral and written comments will be heard and received concerning the request to permanently close the public street at the 200 block of East Best Sheet on the west side of South Clinton Avenue and South Wilson Avenue between South Clinton Avenue, CSX Railroad, Cooke Street and Yam Sheet. The Resolution of Intent was adopted at the July Council meeting setting the date for the Public Hearing for August 13, 2019. The public hearing was duly advertised on July 16, 23, 30 and August 6, 2019. Hearing no comments, the public hearing was closed. A copy of the legal notice is incorporated into these minutes as Attachment #1. Rezoning Request RZ-04-19; Jason Carpenter Rentals LLC, 17 J and J Lane, PIN# 1526-04-7459.0000 Mayor Harris opened the public hearing at 7:25 p.m. The public has been notified that oral and written comments will be heard and received concerning the request by Jason Carpenter Rentals, LLC to rezone approximately 1.56+/- acres, located at 17 J and J Lane. The parcel is currently zoned C-3: Highway Commercial District and is proposed to be rezoned to I-10: Restricted Industrial District. The public hearing was duly advertised on July 16, July 23, and July 30, 2019. Hearing no comments, the public hearing was closed. A copy of the legal notice it inewparted into these minutes as Attachment #2. Mayor Harris reconvened the Council meeting at 7:27 p.m. CONSENT ITEMS: Council considered approval of the minutes of June 28, 2019 Special Called Meeting. Council considered approval of the minutes of July 9, 2019 City Council Meeting. Consideration of Resolution declaring certain property surplus and authorizing disposition — score boards, A copy of the Resolution (82019-17) is incorporated into these minutes as Attachment #3. Temporary Blocking of Sheets — Dunn Crime Stoppers' Dunn Public Safety Day CDBG Quarterly Report Budget Amendment #1 — Mayor's FY 2018-2019 Salary to a Special Project Fund - A copy of BA -1 is incorporated into these minutes as Attachment 94. Consideration of Resolution declaring certain property surplus and authorizing disposition - A copy of the Resolution (R2019-18) is incorporated into these minutes as Attachment 115. Motion by Council Member Maness and second by Council Member Bradham to approve all consent items. Motion unanimously approved. ITEMS FOR DISCUSSION AND/OR DECISION: Consideration of Fixing Date of Public Hearing on Question of Annexation ANX-01-19 Request to approve a resolution fixing date of Public Hearing as September 10, 2019 for voluntary contiguous annexation petition ANX-01-19; +/-18.96 acres at 1001 Meadowlark Rd, owned by John A. Willoughby Jr. and Clarice Willoughby. The property is identified by the Harnett County Registry as PIN #1517-65-0443.000. At the July meeting, the Council adopted a Resolution Directing the Clerk to Investigate a Voluntary Annexation Petition for ANX-01-19. The Clerk has certified the sufficiency of the petition and has provided a copy of same. Motion was made by Council Member Tumage and second by Council Member Maness to adopt the Resolution Fixing Date of Public Hearing as September 10, 2019 for Voluntary Contiguous Annexation Petition ANX-01-19. Motion unanimously approved. A copy of the Resolution (82019-19) is incorporated into these minutes as Attachment #6. Resolution and Order to Close Public Streets - 200 block of East Best St and portion of Wilson Avenue To consider Resolution and Order to Close the Public Street at the 200 block of E Best Sheet on the west side of S Clinton Avenue; and S Wilson Avenue between S Clinton Avenue, CSX Railroad, Cooke Street, and Yam Sheet as requested by petition from Marc Phillips representing Dunn Commerce Park. Resolution of Intent was approved at the Dunn City Council meeting on July 9, 2019 and Public Hearing was held on August 13, 2019 and was duly advertised on July 16, 23, 30, and August 6, 2019. Motion by Council Member Tart and second by Council Member Ttunage to approve the Resolution and Order to Close the Public Sheet at the 200 block of East Best Street on the west side of South Clinton Avenue; and South Wilson Avenue between South Clinton Avenue, CSX Railroad, Cooke Sheet, and Yam Street. Motion unanimously approved. A copy of the Resolution (R2019-20) is incorporated into these minutes as Attachment 97. Consideration of Ordinance to Demolish —1004 S King Ave Chief Building Inspector King presented to Council that an inspection at 1004 S King Avenue found the structure in a deteriorated condition that does not meet the requirements of the City of Dunn Minimum Housing Code (MHC). The Chief Building Inspector also found the property dangerous or prejudicial to the public health or public safety and is a nuisance in violation of N.C.G.S. §160A-193. The owner of the property has failed to comply with the Chief Building Inspector's order and the ordinance adopted by City Council on June 12, 2018 to bring the structure on the property into compliance with the City of Dunn MHC and pursuant to N.C.G.S. § 160A-443 within twelve (12) months. At last inspection on July 31, 2019, there had been no notable repairs or no permits have been applied for or issued. King did make the Council aware that the statutes have changed and if the Council adopts an ordinance to have the dwelling at 1004 S. King Ave. demolished, there will be an additional ninety (90) day time period pursuant to N.C.G.S. §160A-443. After the 90 days, if the structure has not been brought up to City of Dunn MHC, then it can be demolished. After discussion, motion by Council Member Tannage and second by Council Member Bradham to adopt the Ordinance authorizing the Chief Building Inspector to demolish structure located at 1004 S. King Ave., (PIN# 1516-35-6103.000) after ninety (90) day time period pursuant to N.C.G.S. §160A-441, ET SEQ. Motion unanimously approved. A copy of the Ordinance (02019-07) is incorporated into these minutes as Attachment #8. Consideration of Ordinance to Demolish —103 E Bay St Chief Building Inspector King presented to Council that an inspection at 103 E. Bay Street found the structure in a deteriorated condition that does not meet the requirements of the City of Dunn MHC. The Chief Building Inspector also found the property dangerous or prejudicial to the public health or public safety and is a nuisance in violation of N.C.G.S. § 160A-193. The owner of the property has failed to comply with the Chief Building Inspector's order and the ordinance adopted by City Council on July 10, 2018 to bring the structure on the property into compliance with the City of Dunn MHC and pursuant to N.C.G.S. §160A-443 within twelve (12) months. The twelve (12) month time period has expired with no notable repairs being made to the property and is now at the City Council's discretion to adopt an ordnance to have the dwelling at 103 E. Bay St. demolished after a ninety (90) day time period expires pursuant to N.C.G.S. §160A-443. Motion by Council Member Maness and second by Council Member McNeill to adopt the Ordinance authorizing the Chief Building Inspector to demolish structure located at 103 E. Bay Street, (PIN# 1516-55-3875.000) after ninety (90) day time period pursuant to N.C.G.& § 160A-441, ET SEQ. Motion unanimously approved. A copy of the Ordinance (02019-08) is incorporated into these minutes as Attachment #9. Resolution adopting tentative Bid Award for the Black River W WTP Aeration Project Public Utilities Director Adams and Engineer Michael Goliber with Davis Martin Powell presented recommendation for Council to tentatively award a contract to low bidder, Laughlin -Sutton Construction for the Black River W WTP Aeration System Replacement Project in the amount of $2,649,400 contingent upon the review and concurrence of the Division of Water Infrastructure. The low bid submitted by Laughlin -Sutton was higher than the estimated construction cost. Davis - Martin -Powell & Associates has worked with staff to identify possible changes to the project to reduce cost. The project included Bid Item A.2 Clarifier Distribution Modifications at a cost of $350,000. By eliminating this component, the overall project cost reduces to $3,173,300. The City originally applied for a $2,500,000 State Revolving Fund Loan and since the project is over the estimated budget, the funding agency (NCDEQ/Division of Water Infrastucture) has indicated that the City's loan could be increased to $2,750,000 without going through the application process again. 'rhe City's approved budget included $458,400 in local funds to be used for the project. The additional $250,000 in loan and eliminating the clarifier modification would allow the project to move forward. The State Revolving Fund Loan is a 0% interest for 20 years. The $2,750,000 loan would have an annual payment of $137,500. Debt Service is expected to begin fiscal year 2020-2021. After discussion, motion by Council Member Maness and second by Council Member Tumage to adopt a resolution tentatively awarding a contract to Laughlin -Sutton Construction in the amount of $2,649,000 for all work except item A.2 in the base bid for the Black River Wastewater Treatment Plant Aeration System Replacement Project, contingent upon the review and concurrence of the Division of Water Infrastucture's approval to increase the loan from $2,500,000 to $2,750,000. Motion unanimously approved. A copy of the Resolution (R2019-21) is incorporated into these nfinutes as Attachment 910. Consideration of Tart Park Bids The City was awarded a PARTF Grant and State Grant Aid to assist with funding for the Tait Park renovation. Once construction plans were completed the project went out for bid with a due date of April 16, 2019. After receiving no bids, the project was up for rebid with a due date of May 16, 2019. Again receiving no bids the project was bided out a thiel time in which three bids were received on June 20, 2019. Bids received were from M&E Contracting, Bridgepoint Civil and Stewart Group. After tabulations, Bridgepoint Civil was the lowest bid at $2,497,400 leaving the City with the additional expense of $2.5 million. City Manager Neuschafer shared that the recommendation of Parks and Recreation Director McNeill, and himself, is to reject all bids and see how the project can be broken down into phases for rebid and to do some work in house. The City may also need to look at reducing the scope of the project with the current bidding environment. After discussion, the staff was asked to study the issue and bring back a recommendation to the Council. Council Member Turnage further requested that McNeill provide a breakdown by season of participation rates over time to show that the numbers support the investment. Motion by Council Member Turnage and second by Council Member McNeill that due to increased cost and upon City Manager Neuschafer and Recreation Director McNeill's recommendation, for the city to reject all bids and for the project to be broken into smaller phases for rebid, removing non-grant required items and items which can be constructed by City staff, and that staff present recommended action at the next Council meeting. Motion unanimously approved. Rezoning Request RZ-04-19; C-3 to I-10, Jason Carpenter Rentals LLC, 17 J and J Lane, PIN# 1526-04-7459.0000 Request to rezone one parcel totaling 1.56+/- acres located at 17 J and J Lane. The property is zoned C-3: Highway Commercial District and is proposed to be rezoned to I-10: Restricted Industrial District. The Planning Board met on July 23, 2019 to review the request and ask for comments from the public. The planning board voted unanimously to approve. Motion by Council Member Tait and second by Council Member Turnage to approve rezoning request RZ-04-19 to rezone one parcel totaling 1.56+/- acres, located at 17 J and J Lane from C-3: Highway Commercial District to I-10: Restricted Industrial District. Motion unanimously approved. Acceptance of Drinking Water State Revolving Funds for the 14 inch water line abandonment and upsizing the water line on East Wake St. The City applied for State Revolving Funds from the State Water Infrastructure Authority for the purpose of funding the replacement of aged water distribution infrastructure in two areas within the City (Dunn-Erwin Road area and E. Wake Street). The City has been notified that the project is eligible to receive funding based on the application that was submitted. Public Utilities Director Adams shared that the 14-inch water line was abandoned from the Dunn Water Plant to the Black River Bridge on Dunn-Erwin Rd several years ago. However, the remaining section of 14-inch water line pipe is still active. The proposed project would begin near the intersection of Bruce Drive to just south of the intersection of S. Wayne Avenue and W. Cumberland Street, Plans are to abandon the 14-inch line and install 6-inch and 8-inch pipe in order to serve the affected areas. The new lines will be installed within the City's right of way. The second pant of the project abandons an existing 2-inch water line along E. Wake from Carolina Drive to E. Johnson St. and replaces with a 6-inch water line for the purpose of meeting current design standards and providing fire flow. This would also include installing fire hydrants on the new water line. The eligible loan amount is $875,750 with a 20-year term and maximum interest rate of 1.89%. Debt service is predicted to begin in fiscal year 2021-2022. The debt service is estimated to be approximately $61,000/year. Motion by Council Member Bradham and second by Council Member McNeill to accept the Drinking Water State Revolving Fund Loan in the amount of $875,750 and proceed in accordance with the schedule that is outlined in the Division of Water Infrastructure's Letter of Intent to Fund, with all being contingent upon the review and concurrence of the Local Govermient Commission. Motion unanimously approved. Consider Change of October Regular Schedule Council Meeting Due to the City election being held on October 8, 2019, the Council considered changing the October regular schedule meeting from October 8, 2019 to October 15, 2019. Motion by Council Member Turnage and second by Council Member McNeill to reschedule the October 8, 2019 Regular City Council meeting date to Tuesday, October 15, 2019. Motion unanimously approved. Leaf Vacuum Truck After researching different options for leaf collection equipment, the City Manager, Public Works Director and Finance Director recommended the City diversify in size of equipment. The City currently has a 2005 Freightliner leaf vacuum (all -in -one) truck, which has been repaired several times, and is approaching the end of its service life. It is staff's recommendation to purchase a smaller pull behind unit and defer purchase of a new all -in -one tuck. Having multiple pieces of equipment will allow collection operations in different areas at the same time, increasing service to the residents according to City Manager Neuschafer. After this purchase, the City will have the option to dispatch either piece of equipment, depending on the situation. If approved, the Finance Director will seek quotes for the financing and return that selection for Council at the September Meeting. The equipment is in stock and the total cost will not exceed $90,000. After discussion, motion by Council Member Maness and second by Council Member McNeill to authorize the Finance Director to solicit bids on financing up to $90,000 for the purchase of a pull behind leaf collection machine and collection box to fit an existing fleet vehicle. Motion unanimously approved. Award CDBG Neighborhood Revitalization Project Legal Service Contract City Manager Neuschafer presented request to award the CDBG Neighborhood Revitalization Project Legal Service contract to Pope Law Group, PA in the amount of $650 title search per house and a $250 hourly rate for other legal services with execution subject to NC Department of Commerce approval. The City advertised for legal services proposals on May 20, 2019 with proposals due on June 3, 2019. Since only one proposal was received, the re - advertisement for proposals ran on June 13, 2019 with proposals due by July 5, 2019. No additional proposals were received so the proposal fiom Pope Law Group was opened, reviewed and ranked. Motion by Council Member Maness and second by Council Member Turnage to award the CDBG Neighborhood Revitalization Project Legal Service contract to Pope Law Group, PA in the amount of $650 title search per house and a $250 hourly rate for other legal services with execution subject to NC Department of Commerce approval. Motion unanimously approved. Authorization of Additional Paving City Manager Neuschafer requested authorization for additional paving due to the doe pavement conditions on the Cascade Circle and Covington Lane. The City has done some patching on these streets two years ago but not in the cul- de-sac areas. The conditions of the roadbed require the removal of the existing base material and placement of new stone prior to the installation of 2 inches of new asphalt. Testing of the cul-de-sacs show existing pavement as thin as I inch. The informal bids received thus far show that the total work will be less than $60,000 and this can be paid out of the current fiscal year budget for street resurfacing. No other projects on the priority list will fit into the budget. After discussion, motion by Council Member Tart and second by Mayor Pro Tem McLean to authorize City Manager Neuschafer to award bids to reconstruct the Cul-de-sac areas of both Cascade Circle and Covington Lane and to use the City Public Works Department as much as possible to maximize cost savings for the paving project. Motion unanimously approved. Sewer Betterment Jonesboro Road (I-95 Project) Public Utilities Director Adams and Engineer Goliber presented recommendation for the City to agree to a sewer line upgrade along Jonesboro Road from Cooper Sheet to Lane Road during the time that the NC Department of Transportation (NC DOT) constructs a new private pump station at Sadler's Travel Plaza and extends a force main along Jonesboro Road as part of the I-95 widening project. The construction of a sewer pump station and force main, which will connect to the City's existing sewer system near Cooper Sheet and Jonesboro Road, will replace an existing private sewer pump station and force main (Sadler Travel Plaza) that is in conflict with the 1-95 roadway improvements. Two design options have been presented by NC DOT's design engineer. Option #1: NC DOT will pay for the utility project as a result of widening I-95 at no cost to the City. Option #2: Betterment to the City as proposed by NC DOT. As the City plans for future growth along the Jonesboro/I95 Corridor, the opportunity to upgrade a portion of the force main to gravity (approximately 2,220 linear feet) from Cooper Street to Lane Road would be most economical during NC DOT's project. Once the utility project is complete, the City would own the sewer lines that are constructed in the public right of way along Jonesboro Road. The total cost to the City is estimated at $116,000. The City would be expected to pay the difference between the betterment design/construction cost and NC DOT's minimum design/construction cost for the utility project. If the City declined the betterment option, a future gravity project along this same route is expected to cost in excess of $500,000. The anticipated let date for this phase of the NC DOT project is July 2020. Much discussion followed concerning the possibility that actual cost could be significantly more than the estimated cost, due to bid issues such as the City is currently experiencing. After discussion, motion by Council Member Maness and second by Council Member Tart to move forward with option #2 and authorize City Manager Neuschafer to direct NC Department of Transportation's design engineer to move forward with a design that includes a betterment to the City's sewer system along Jonesboro Road and furthermore direct the City Manager to budget for the project in fiscal year 2020-2021. Motion unanimously approved. Consideration of Environmental Enhancement Grant Proposal Resolution City Manager Neuschafer requested the Council consider a Letter of Intent be sent to apply for an Environmental Enhancement Grant through the North Carolina Attorney General's Office. The grant would be used to establish a nature park to include Hannah's Pond and the Stoney Run corridor connecting Highway 301 to Interstate 95. Wetland Solutions LLC is prepared to work with the City and lead on design, communication with property owners and formulation of the application. To proceed with application for the grant, a Letter of Intent is needed from the City by August 19, 2019. The deadline for Grant Proposals is September 24, 2019. Neuschafer felt that a work session would need to be scheduled so that Wetland Solutions LLC could expand on the scope of work planned. After discussion, motion by Mayor Pro Tem McLean and second by Council Member Tait to approve a Letter of Intent to apply for an Environmental Enhancement Grant for the purpose of a nature park in the City of Dunn. Motion unanimously approved. Alley Assessment by the City Manager and Staff as discussed at the Planning Retreat Council Member Turnage requested that the staff perform an alley assessment of all alleys in the City of Dunn. After discussion, motion by Council Member Turnage and second by Council Member Maness for the City Manager and staff to conduct an assessment of all commercial and residential alleys in the City of Dunn by December 31, 2019 for the purpose to access the current status: to determine infrastructure that city is responsible for; determine if the alley is being used for access and if some alleys or portions should be closed and turned over to the property owners to assume maintenance; and to determine City's maintenance requirements for those to remain open. Motion unanimously approved. Financial Report/Assessments Update Finance Director Roberts provided the following financial repot for the period ending July 31, 2019: • $3,982,853 cash in the General Fund and $2,329,518 in the Water -Sewer Fund. Through July of 2018, the City had $3,122,691 in the General Fund and $2,275,751 in the Water and Sewer Fund. • Property Tax Collections - $6,700 for FY2019-2020. Estimate for the year is $3,750,000. • Sales Tax Revenue has not been reported for July as of this date. Budget is set at $2,212,000. • Utilities Sales Tax report for the last quarter is due by August 15, 2019. Budget is $747,000. • Building Permit Fees for July were $9,662 or 12% of budget. Our budget for the year is $80,000. • Water and Sewer Revenues - $534,216 or 9.6% of budget. Budget for year is $5,593,000. Income for month was $113,466 more than last year, which is a 27% increase. • Expenditures are at $711,985 or 6.13% of budget in the general fund. The Water and Sewer fund has spent $317,958 or 5.12% of budget. The benchmark for this period is 8.3% of budget. He also presented the Liens and Assessments Update. Discussion followed on the lack of activity in collections over the past year on liens and assessments. Council Member Maness requested a report of those top receivables be given to the Council with an update on the status of those accounts. Motion by Council Member McNeill and second by Council Member Tart to acknowledge receipt of the Financial Report and Assessments Update. Motion carried unanimously. ADMINISTRATIVE REPORTS Reports received: Communications/Public Information, Planning and Inspections Report, Public Works Report, Public Utilities Report, Parks and Recreation Report, Library Report and Police Report. Motion by Council Member Maness and second by Council Member McNeill to acknowledge receipt of Administrative Reports. Motion unanimously approved. City Manager's Report City Manager Neuschafer reported to the Council that the City did receive a Golden Leaf Grant hi the amount of $142,500 under the 2018 Hurricane Florence Disaster Recovery Act for Assessment of Inflow and Infiltration of sewer infrastructure. He will have additional information at the September Council meeting. ANNOUNCEMENTSANFORMATION Mayor Harris announced upcoming events and activities. Council Member McNeill reported that she received a Thank You note from Wilkins Cemetery Committee for the non-profit allocation. Proclamation presented to Carolyn McDougal on her 70'x' Birthday. A copy of the Proclamation (P2019-12) is incorporated into these minutes as Attachment #11. A motion was made by Council Member McNeill and second by Mayor Pro Tem McLean to enter closed session in accordance to [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. The Closed Session ended and with no further business to discuss, a motion was made by Council Member Bradham and second by Council Member Tart to adjourn the meeting at 9:15 p.m. Motion unanimously approved. Oscar N. Mayor Attest: Tammy Williams City Clerk w� W` D k 11111f City Council Agenda Form 1 Meeting Date: September 10, 2019 1989 * 2013 1989 * 2013 SUBJECT TITLE: Temporary Blocking of Street Request - First Presbyterian Church Presenter: City Manager Neuschafer Department: Administration Attachment: X Yes No Description: Letter from First Presbyterian Church Public Hearinq Advertisement Date: PURPOSE: First Presbyterian Church is requesting for the 900 block of N Park Avenue be closed on October 27, 2019 from 3:00 to 9:00 p.m. for their annual Fall Festival. This is the street directly in front of the church. BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Motion to approve Temporary Blocking of Streets for Saturday, October 27, 2019 as requested by the First Presbyterian Church for their annual Fall Festival. First Presbyterian Church 901 North ParkAvenue Dunn, North Carolina 28334 (910) 892-4121 (910) 892-8312 fax fpcdunnoff ce@gmail. corn August 8, 2019 Dunn City Council PO Box 1065 Dunn, NC 28335 Dear Mayor and Council: On behalf of the First Presbyterian Church of Dunn, I am requesting that the 900 block of N. Park Avenue be closed on October 27, 2019 from 3 — 9 pm. We will be having our annual Fall Festival for the community. This is the street directly in front of the church. If you have any questions or comments, please contact Dena Bradham or Lesia Campbell. Thank You. Sincerely, Lesia Campbell Office Administrator First Presbyterian Church of Dunn DUNN DUNN w .y NN ftd All -America Mill All-AmericaCity I If City Council Agenda Form 1 11110 -r 9. 5,i �'�'ASa � a. � A"11�� 1989 * 1999 * 2013 f 13 SUBJECT TITLE: Temporary Blocking of Streets for NC Cotton Festival Presenter: City Manager Neuschafer Department: Admin Attachment: X Yes No Description: Letter from NC Cotton Festival Committee Public Hearina Advertisement Date: PURPOSE: The NC Cotton Festival Committee is requesting that the following streets be closed for the 21St Annual Cotton Festival on November 2, 2019. Friday, Nov. 1 from 6:00 pm until after the festival on Nov. 2 at 8:00 pm • Wilson Ave. from Edgerton St. to the Fire Station on Harnett St. Saturday, Nov. 2 from 6:00 am until 8 pm • Broad St. from Clinton Ave. to Layton Ave. Edgerton St. from Clinton Ave. to Fayetteville Ave. • Wilson Ave, from Cumberland St. to the driveway to the Fire Station • Railroad Ave. from Cumberland St. to Harnett St. • Lucknow Ave. to Broad St. Fayetteville Ave. from Cumberland St. to Edgerton St. • King Ave. from Cumberland St. to Edgerton St. • Harnett St. from Clinton Ave. to Wilson Ave. The committee is also requesting assistance from city personnel (Police, Public Works and Parks and Recreation) and that the street sweeper come through after 6:00 pm on Saturday, Nov. 2 IXeCaXo1Zi111kiI BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Motion to approve the temporary blocking of streets and City assistance as requested for the 2019 NC Cotton Festival. Mr. Steven Ncuschafer Dunn City Manager P.O. Box 1065 Dunn, NC 28335 August 6, 2019 Dear Mr. Neuschafer, The North Carolina Cotton Festival will celebrate its twenty-first year in Dunn on November 2nd, 2019. The festival's goal is to bring recognition to one of North Carolina's prime agricultural products, `cotton," and through this process attract new retail business for Dunn's downtown. The festival is also designed to foster volunteerism, retain local dollars, enhance tourism and provide profits for our local non -profits. This festival has been a great addition to the city and we appreciate your support and encouragement over the past twenty years. We need your help once again in blocking the streets and providing much needed public services to make this festival a success for our great city. We could not do this event without the tremendous cooperation given to us by each department year after year. The employees of the great City of Dunn are awesome! On Friday Night, November 1" we are requesting that you block Wilson Avenue from Edgerton Street to the Fire Station (Harnett St). This street will need to be blocked off by 6:00 pm and remain closed until Saturday Night, November 2"d, 2019 at 8:00 pm. This will allow for the main stage to be built and taken down. On Saturday, Nov. 2"d, we are requesting that you block Broad Sheet from its intersection with Clinton Avenue through its intersection with Layton Avenue, Edgerton Street from Clinton Avenue through the intersection with Fayetteville Ave., Wilson Avenue from its intersection with Cumberland to just in front of the driveway of the Dunn Fire Department, Railroad Avenue from Cumberland Street until its intersection with Harnett Street, Lueknow Avenue to Broad Street, Fayetteville Avenue from Cumberland through Edgerton Street, and Icing Avenue from Cumberland through Edgerton. We are also asking for Harnett Street from Clinton Avenue to Wilson Avenue to be blocked off for usage by the Dunn Shrine's Car Show. This allows overflow from the parking lot at the Shrine Center. We ask that these streets be blocked on Nov. 2"d, 2019 from 6:00 a.m. until 8 p.m. We also ask that the city help with police personnel, public works employees, parks and recreation employees and have the street sweeper come through on Saturday after the event no earlier than 6 p.m. Thanking you in advance and we are looking forward to seeing each of you at the 21" Annual North Carolina Cotton Festival in the beautifully renovated Historic Downtown Dunn. If you have any questions please contact me at 892-3282. Sincerely, � Sharon Stevens NC Cotton Festival Committee North Carolina Cotton Festival PO Box 310 Dunn, North Carolina 28335 910-892-3282 UNN®D '"INN bAd ��Ad All-AmericaGlly city (,f aQ11„ All•AmericaCity 1.� Meeting Date-. September 0, 2019 1989 � 20 t3 L9&9* 2613 SUBJECT TITLE: Consideration of Resolution Declaring the Badge and Service Weapon carried by Police Officer Ricky Jackson Surplus and Awarding to him on his Retirement Presenter: Chief West Department: Police Attachment: x Yes No Description: Resolution Public Hearing Advertisement Date: PURPOSE: The City Council is being asked to adopt the attached resolution declaring the badge and service weapon carried by Police Officer Jackson surplus and awarding to him on his retirement, BACKGROUND: Standard policy is for the City of Dunn to award the Badge and Service Weapon of a retiring Police Officer with long-term service, BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: To adopt the resolution to surplus the badge and service weapon worn by Police Officer Ricky Jackson and award both to him. north earolina ILH-DUNN city of dunn POST OFFICE BOX 1065 ® DUNN, NORTH CAROLINA 28335 (910) 230-3500 ^ FAX (910) 230-3590 www.diinn-nc.org Mayor Oscar N. Harris Mayor Piro Tem Frank McLean Council Members Buddy Maness Dr. Gwen McNeill Billy Tart Chuck Tumage Dr. David L. Bradham City Manager Steven Neuschafer RESOLUTION DECLARING THE BADGE AND SERVICE WEAPON CARRIED BY POLICE OFFICER RICKY T. JACKSON SURPLUS AND AWARDING THEM TO HIM ON HIS RETIREMENT WHEREAS, Ricky T. Jackson served as a member of the Dunn Police Department from February 10, 1997 until October 1, 2019, at which time he retired from the Dunn Police Department and an active career in law enforcement; and WHEREAS, North Carolina General Statute Chapter 20-187.2 authorizes governing boards of law enforcement agencies to award to a retiring member the badge worn by him, as well as his service weapon: Glock, 9mm caliber, Model 17, Serial Number PKY454; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dunn, North Carolina, that the badge and service weapon (Serial # PKY454) with three magazines carried by Ricky Jackson be declared surplus and awarded to him on the occasion of his retirement. Adopted this 10th day of September, 2019. Oscar N. Harris, Mayor ATTEST: Tammy Williams, City Clerk DU1NN d!I-Ameeics City 1 ► malere 1989 *!M3 DUNN PM eWt D U- N' " N' All-AmericaCity it, 'r All -America City 11111f City, Council Agenda Form 111111 Meeting Date: September 10, 2019 1989 -k 2013 1999 * 2013 SUBJECT TITLE: Resolution to Accept State Loan for Wastewater Treatment Plant Aeration Project Presenter: City Manager Neuschafer Department: Finance/Public Utilities Attachment: X Yes No ( Description: Resolution and Offer Letter Public Hearing Advertisement Date: PURPOSE: Resolution required to accept the State Reserve Loan offer of $2,750,000 for the construction of the Wastewater Treatment Plant Aeration Project. BACKGROUND: City Council approved the action to request that the loan amount be increased from $2,500,000 to $2,750,000 at the August 13, 2019 meeting. The Division of Water Infrastructure approved the increase request in the attached offer letter. BUDGET IMPACT: The loan is at 0% for 20 years. RECOMMEN DATIONIACTION REQUESTED: To approve the Resolution to accept the State Reserve Loan offer in the amount of $2,750,000 north UDDUNN city of duan POST OFFICE BOX 1065 ® DUNN, NORTH CAROLINA 28335 (910) 230-3500 a FAX (910) 230-3590 www.ditnn-nc.org RESOLUTION BY GOVERNING BODY OF APPLICANT Mayor Oscar N. Harris Mayor Pro Tem Frank McLean Council Members Buddy Maness Dr, Gwen McNeill Billy Tart Chuck Turnage Dr. David L. Bradham City Manager Steven Neuschafer 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, the North Carolina Department of Environmental Quality has offered a State Reserve Loan in the amount of $2,750,000 for the construction of the Waste Water Treatment Plant Aeration Project, and WHEREAS, the City of Dunn intends to construct said project in accordance with the approved plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUNN: That the City of Dunn does hereby accept the State Reserve Loan offer of $2,750.000. That the City of Dunn does hereby give assurance to the North Carolina Department of Environmental Quality that all items specified in the loan offer, Section II - Assurances will be adhered to. That Steven Neuschafer, City Manager, and successors so titled, is hereby authorized and directed to furnish such information as appropriate State agency may request in connection with such application or the project; to make the assurances as contained above; and to execute such other documents as may be required in connection with the application. That the City of Dunn 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. Adopted this the 1001 day of September, 2019 at Dunn, North Carolina. Attest: Tammy Williams, City Clerk Oscar N, Harris, Mayor ?Here emililZlC?lG ilQefers ROY COOPER Governor MICHAEL S.REGAN Secretary Kim H. Colson Director Mr. Steve Neuschafer, City Manager City of Dunn P.O. Box 1065 Dunn, NC 28335 Dear Mr. Neuschafer: NORTH CAROLINA Environmental Quality August 26, 2019 SUBJECT: Offer & Acceptance for State SRP Loan- Increase DWI Project No. E -SRP -W-17-0106 Black River WWTP Aeration System Replacement Dunn, NC The City of Dunn has been approved for a State (SRP) loan with a 10% increase from the Water Infrastructure Fund in the amount of $2,750,000. This project may be funded with bond proceeds pursuant to S.L. 2015-280. Therefore, the applicant must adhere to the Division's procedures for federal tax compliance. Accordingly, enclosed are two (2) copies of an offer -and -acceptance document, extending a State Reserve Loan in the amount of $2,750,000. This offer is made by the Division of Water Infrastructure (DWI), subject to the assurances and conditions set forth in the enclosed offer -and - acceptance document. Funds will not be disbursed unless this offer is accepted. Priority for obtaining this State Funding was based on the entire (scope of this project. Therefore, City mast complete the project as defined in their application for funding. Upon your acceptance, please submit the following items to Mark Hubbard, Division of Water Infrastructure (DWI), 1633 Mail Service Center, Raleigh, North Carolina 27699433 (copies of the below items were sent in the previous acceptance letter. Let us know if you need another copy): A resolution (sample copy attached), adopted by the governing body, accepting the offer, and making the applicable assurances contained therein; North Carolina Department of Environmental Quality I Division of Water Infrastructure 512 N. Salisbury Street 11633 Mail Service Center I Raleigh, North Carolina 27699-1633 919.707.9160 2. One (1) copy of the original offer -and -acceptance document, executed by the Authorized Representative for the project, along with the signed "Standard Conditions and Assurances for State Projects". Please retain the second copy for your Tiles. 3. Federal Identification Number and DUNS # of the Recipient (Memo attached) 4. Sales Tax Certification (attached) 5. Federal Tax Compliance Questionnaire and Certification regarding tax compliance for projects funded with proceeds from the NC Connect Bond Act of 2015 (attached). Note there is a continued compliance procedure outlined in the instructions with the questionnaire. Once construction of the subject project has commenced, the enclosed "reimbursement request form" must be completed and submitted with all reimbursement requests. You are free to reproduce this form should additional copies be needed. In addition, a memorandum requesting your federal identification number has been included with this offer of funding. You must complete and submit this form no later than the time when you choose to submit your first request for reimbursement. On behalf of the Department of Environmental Quality, I am pleased to extend this offer of State Loan funds, made available by the North Carolina Water Infrastructure Fund. Should you have any questions concerning this offer of funding, or any of the stipulations outlined in this letter, please contact Mark Hubbard, DWI's Grant Management Unit Supervisor, at (919) 707-9162. Sincerely, Kim H. Colson, P.E., Director Division of Water Infrastructure, NCDEQ Enclosures: Offer -and -Acceptance Document (2 copies) CC: Michael Goliber, PE, Davis -Martin -Powell, High Point, NC FILE: SRP Funding Commitment IFnNmwnW. North Carolina Department Of Environmental Quality I MislonofWaterinRastruclure 512 N. Salisbury Street 11633 Mail Service Center I Raleigh, North Carolina 27699-1633 2. One (1) copy of the original offer -and -acceptance document, executed by the Authorized Representative for the project, along with the signed "Standard Conditions and Assurances for State Projects". Please retain the second copy for your files. Federal Identification Number and DUNS # of the Recipient (Memo attached) 4. Sales Tax Certification (attached) 5. Federal Tax Compliance Questionnaire and Certification regarding tax compliance for projects funded with proceeds from the NC Connect Bond Act of 2015 (attached). Note there is a continued compliance procedure outlined in the instructions with the questionnaire. Once construction of the subject project has commenced, the enclosed "reimbursement request form" must be completed and submitted with all reimbursement requests. You are free to reproduce this form should additional copies be needed. In addition, a memorandum requesting your federal identification number has been included with this offer of funding. You must complete and submit this form no later than the time when you choose to submit your first request for reimbursement. On behalf of the Department of Environmental Quality, I am pleased to extend this offer of State Loan funds, made available by the North Carolina Water Infrastructure Fund. Should you have any questions concerning this offer of funding, or any of the stipulations outlined in this letter, please contact Mark Hubbard, DWI's Grant Management Unit Supervisor, at (919) 707-9162. Sincerely, Kim H. Colson, P.E., Director Division of Water Infrastructure, NCDEQ Enclosures: Offer -and -Acceptance Document (2 copies) CC: Michael Goliber, PE, Davis-Martin-Powetl, High Point, NC FILE: SRP Funding Commitment North Carolina Department of Environmental Quality I Division of Water Infrastructure 512 N. Salisbury Street 1 1633 Mall Service Center I Raleigh, North Carolina 27699-1633 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER INFRASTRUCTURE Funding Offer and Legal Name and Address of Award Recipient City of Dunn Post Office Box 1065 Dunn, North Carolina 28335 Project Number: E -SRP -W-17-0106 Drinking Water Wastewater ❑ ® Additional Amount for Funding Increases ` Previous Total Total Offered State Revolving Fund (SRF) ❑ State Reserve Loan (SRP) ® $250,000 $2,500,000 $2,750,000 State Reserve Grant (SRP) ❑ _, — State Emergency Loan (SEL) ❑ Asset Inventory & Assessment Grant (AIA) ❑ Merger/Regionalization Feasibility Grant (MRF) _ ❑ __- _. ----_--- ...________............... .__.-_--_.......-.------. Project Description: Total Financial Assistance Offer: Black River WWTP Aeration System Replacement: Total Project Cost: $ 2,750,000 Replacement of existing aeration system with Estimated Closing Fee*: $ 55,000 new fine bubble, two blowers and controls, piping For Loans between clarifiers and aeration basin. Principal Forgiveness: $ Interest Rate: 0% Per Annum Maximum Loan Term: 20 Years *Estimate closing fee calculated based on grant and loan amount. Pursuant to North Carolina General Statute 159G: • The applicant is eligible under Federal and State law, • The project is eligible under Federal and State law, and • The project has been approved by the Department of Environmental Quality as having sufficient priorityto receive financial assistance, The Department of Environmental Quality, acting on behalf of the State of North Carolina, hereby offers the financial assistance described in this document. For The State of North Carolina: Kim H. Colson, P.E., Director, Division of Water Infrastructure North Carolina Department of Environmental Quality Signature Date On Behalf of: City of Dunn Name of Representative in Resolution: Title (Type or Print): I, the undersigned, being duly authorized to take such action, as evidenced by the attached CERTIFIED COPY OF AUTHORIZATION BY THE APPLICANT'S GOVERNING BODY, do hereby accept this Financial Award Offer and will comply .,;tti tk- A-- —, nnrl tk. Ctanriarri r'nnrlitinnc. Signature Date [STANDARD CONDITIONS & ASSURANCES FOR STATE RESERVE PROJECTS I 1. Specific MBE/WBE (DBE) forms and instructions are provided that are to be Included in the contract specifications. These forms will assist with documenting positive efforts made by recipients, their consultants and contractors to utilize disadvantaged businesses enterprises. Such efforts should allow DBEs the maximum feasible opportunity to compete for sub agreements and subcontracts to be performed. Documentation of efforts made to utilize DBE firms must be maintained by all recipients, and construction contractors, and made available upon request. 2. The Applicant intends to construct the project or cause It to be constructed to final completion in accordance with the Application approved for financial assistance by the Division. 3. The recipient acknowledges that in the event a milestone contained in the Letter of Intent to Fund is missed, the Department of Environmental Quality will rescind this Funding Offer. 4, The Applicant is responsible for paying for the costs ineligible for State funding. S. The construction of the project, Including the letting of contracts in connection therewith, conforms to the applicable requirements of State and local laws and ordinances. 6. As of the acceptance of this Funding Award Offer, steps A -D in the Funding Guidance will be complete. These Assurances, likewise, incorporate the most recent version of the Funding Guidance, and the Applicant hereby certifies by accepting this Funding Award Offerthat it will adhere to the subsequent steps in the Funding Guidance document. The remaining steps generally govern project design, bidding, contracting, inspection, reimbursements, closeout and repayment. 7. The Applicant will provide and maintain adequate engineering supervision and Inspection. 8. The recipient agrees to establish and maintain a financial management system that adequately accounts for revenues and expenditures. Adequate accounting and fiscal records will be maintained during the construction of the project and will be retained and made available for a period of at least three years following completion of the project. 9. All State funds loaned shall be expended solely for carrying out the approved project, and an audit shall be performed in accordance with G.S. 159-34. Partial disbursements on this loan will be made promptly upon request, subject to adequate documentation of Incurred eligible costs, and subject to the recipient's compliance with the Standard Conditions of this Award. The Applicant agrees to make prompt payment to its contractor, and to retain only such amount as allowed by North Carolina General Statute. 10. The applicant will expend all of the requisitioned funds for the purpose of paying the costs of the project within three (3) banking days following the receipt of the funds from the State. Please note that the State is not a party to the construction contract(s) and the Applicant Is expected to uphold its contract obligations regarding timely payment. 11. This project may be funded with bond proceeds pursuant to S.L. 2015-280. Therefore, the applicant must adhere to the Division's procedures for federal tax compliance for projects receiving bond proceeds pursuant to S.L. 2015-280 Connect NC Bond Act of 2015, which assures that the Infrastructure will not be used or operated In a way that would create private business use, unless such use or operation is approved by the State. Acknowledgement of Standard Conditions and Assurances The Applicant hereby gives assurance to the Department of Environmental Quality that the declarations, representations, and statements made in all documents, and communications filed with the Department of Environmental Quality in support of its Signature.......... ................ _......__.............---..................................._... .......... STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER INFRASTRUCTURE Funding Offer and Acceptance Legal Name and Address of Award Recipient City of Dunn Post Office Box 1065 Dunn, North Carolina 28335 Project Number: E -SRP -W-17-0106 Drinking Water ❑ Additional Amount for Previous Total( Total Offered Wastewater ® Funding Increases State Revolving Fund (SRF) ❑ State Reserve Loan (SRP) State Reserve Grant (SRP) ❑ State Emergency Loan (SEL) ❑ Asset Inventory & Assessment Grant (AIA) ❑ Mereer/Reeionalization Feasibility Grant (MRF) ❑ Project Description: Black River WWTP Aeration System Replacement: Replacement of existing aeration system with new fine bubble, two blowers and controls, piping between clarifiers and aeration basin. Total Financial Assistance Offer: Total Project Cost: Estimated Closing Fee*: For Loans Principal Forgiveness: Interest Rate: Maximum Loan Term: :2,750,00 $ 2,750,000 $ 55,000 0% Per Annum 20 Years *Estimate closing fee calculated based on grant and loan amount. Pursuant to North Carolina General Statute 159G: • The applicant is eligible under Federal and State law, • The project Is eligible under Federal and State law, and • The project has been approved by the Department of Environmental Quality as having sufficient prlorityto receive financial assistance, The Department of Environmental Quality, acting on behalf of the State of North Carolina, hereby offers the financial assistance described In this document. For The State of North Carolina: Kim H. Colson, P.E., Director, Division of Water Infrastructure North Carolina Department of Environmental Quality ----------- .......... __ 4-.1-49 ----- ...------- signature Date On Behalf of: City of Dunn Name of Representative in Resolution: Title (Type or Print): I, the undersigned, being duly authorized to take such action, as evidenced by the attached CERTIFIED COPY OF AUTHORIZATION BY THE APPLICANT'S GOVERNING BODY, do hereby accept this Financial Award Offer and will comply v.dth+he A— r—c— and tho StnnrInrd Cnnriltinns. ...._._.._.__........................._..________-------....._____._.. ............... .__...__........ Signature Date STANDARD CONDITIONS & ASSURANCES FOR STATE RESERVE PROJECTS 1. Specific MBE/WBE (DBE) forms and instructions are provided that are to be included In the contract specifications. These forms will assist with documenting positive efforts made by recipients, their consultants and contractors to utilize disadvantaged businesses enterprises. Such efforts should allow DBEs the maximum feasible opportunity to compete for sub agreements and subcontracts to be performed. Documentation of efforts made to utilize DBE firms must be maintained by all recipients, and construction contractors, and made available upon request. 2. The Applicant intends to construct the project or cause it to be constructed to final completion In accordance with the Application approved for financial assistance by the Division. 3. The recipient acknowledges that in the event a milestone contained in the Letter of Intent to Fund is missed, the Department of Environmental Quality will rescind this Funding Offer. 4. The Applicant is responsible for paying for the costs Ineligible for State funding. 5. The construction of the project, including the letting of contracts in connection therewith, conforms to the applicable requirements of State and local laws and ordinances. 6. As of the acceptance of this Funding Award Offer, steps A -D in the Funding Guidance will be complete. These Assurances, likewise, incorporate the most recent version of the Funding Guidance, and the Applicant hereby certifies by acceptingthis Funding Award Offer that it will adhere to the subsequent steps In the Funding Guidance document. The remaining steps generally govern project design, bidding, contracting, inspection, reimbursements, closeout and repayment. 7. The Applicant will provide and maintain adequate engineering supervision and Inspection. 8. The recipient agrees to establish and maintain a financial management system that adequately accounts for revenues and expenditures. Adequate accounting and fiscal records will be maintained during the construction of the project and will be retained and made available for a period of at least three years following completion of the project. 9. All State funds loaned shall be expended solely for carrying out the approved project, and an audit shall be performed in accordance with G.S. 159-34. Partial disbursements on this loan will be made promptly upon request, subject to adequate documentation of incurred eligible costs, and subject to the recipient's compliance with the Standard Conditions of this Award. The Applicant agrees to make prompt payment to its contractor, and to retain only such amount as allowed by North Carolina General Statute. 10. The applicant will expend all of the requisitioned funds for the purpose of paying the costs of the project within three (3) banking days following the receipt of the funds from the State. Please note that the State is not a party to the construction contract(s).and the Applicant is expected to uphold its contract obligations regarding timely payment. 11. This project may be funded with bond proceeds pursuant to S.L. 2015-280. Therefore, the applicant must adhere to the Division's procedures for federal tax compliance for projects receiving bond proceeds pursuant to S.L. 2015-280 Connect NC Bond Act of 2015, which assures that the infrastructure will not be used or operated In a way that would create private business use, unless such use or operation is approved by the State. Acknowledgement of Standard Conditions and Assurances The Applicant hereby gives assurance to the Department of Environmental Quality that the declarations, representations, and statements made in all documents, and communications filed with the Department of Environmental Quality In support of Its I Signature ....... I-,,--, Date..... .............. — --- gg l $ � 11 D 0" t N""' � � N"" All -America City '�it, ,� duan il w Agenda , q y wMeeting September 1 SUBJECT TITLE: CALEA / CRIME ANALYST MANAGER Presenter: City Manager Neuschafer Department: POLICE Attachment: Yes No Description: Public Hearing Advertisement Date: PURPOSE: In November of 2019, the Dunn Police Department will be awarded the CALEA Accreditation for providing professional law enforcement services for the Dunn community. As a result of this significant achievement, the police department is required to maintain records, policies, and standards, in an effort to continue this valuable certification. This requires the police department to create a CALEA / Crime Analyst Manager to navigate and monitor police activities on a daily basis to ensure accurate record keeping and accountability. CALEA Manager -performs a variety of complex administrative and professional assistance work in planning, coordinating and managing the implementation, maintenance and adherence to the police department's Accreditation through CALEA (Commission on Accreditation for Law Enforcement Agencies, Inc.) Crime Analyst -is a law enforcement function that involves systematic analysis for identifying and analyzing patterns and trends in crime and disorder. Information on patterns can help law enforcement agencies deploy resources in a more effective manner, and assist detectives in identifying and apprehending suspects, BUDGET IMPACT: The funding for this requested position will utilize existing funds within the Police Department budget. After conservative police budgeting practices, School Resource Officer funding from Harnett County, and funding from the Dunn Housing Authority; the CALEA / Crime Analyst Manager position requires no additional outside funding. RECOMMENDATION/ACTION REQUESTED: Motion to approve the creation of the CALEA / Crime Analyst position. 1 b0ftd MM3 D yi l � `��y 6t, or d"nn All -America City r rCouncilcity Agenda l Meeting ' 9 Date: . September try p 1`' 1111. 1989 * 2013 1989 * 2013 Fes' SUBJECT TITLE: Consideration of Ordinance to Extend the Corporate Limits of the City of Dunn Voluntary Annexation Petition ANX-01.19, received Under G.S. 160A-31; 1001 Meadowlark Rd, Owned by John A. Willoughby Jr. and Clarice Willoughby PIN #1517.65.0443.000 Presenter: City Manager Neuschafer Department: Admin Attachment: X Yes No I Description: Ordinance and Map Public Hearing Advertisement Date: PURPOSE: To approve an ordinance to extend the corporate limits of the City of Dunn by the voluntary contiguous annexation of +/-18.96 acres at 1001 Meadowlark Rd, owned by John A. Willoughby Jr, and Clarice Willoughby. The property is identified by the Harnett County Registry as PIN #1517-65-0443.000. BACKGROUND: At the July meeting, the Council adopted a Resolution Directing the Clerk to Investigate a Voluntary Annexation Petition for ANX-01-19. The Clerk has certified the sufficiency of the petition and Resolution fixing the date of the Public Hearing for September 10, 2019 was adopted at the August 13, 2019 Council meeting. The Public Hearing was held on September 10, 2019. BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Motion to adopt an ordinance to extend the corporate limits of the City of Dunn by the voluntary Contiguous Annexation of +/-18.96 acres at 1001 Meadowlark Rd, owned by John A. Willoughby Jr. and Clarice Willoughby, PIN #1517-65-0443.000. ®L.U'DUNN north carolina city of dunn POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3500 - FAX (910) 230-3590 www.dunn-nc.org AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF DUNN, NORTH CAROLINA Mayor Oscar N. Ilarris mayorpro Tem Frank McLean Council Members Buddy Maness Dr. Gwen McNeill Bitty Tart Chuck Turnage Dr. David L. Bradham City Manager Steven Neuschafer WHEREAS, the City Council of the City of Dunn has been petitioned under G.S. 160A-31 to annex the area described below; and WHEREAS, the City Council has by resolution directed the City Clerk to investigate the efficiency of the petition; and WHEREAS, the City Cleric has certified the sufficiency of the petition and a public hearing on the question of this annexation was held at the Dunn Municipal Building at 7:00 p.m. on September 10, 2019, after due notice by publication on August 29, 2019; and WHEREAS, the City Council finds that the area described therein meets the requirements of G.S. 160A-31; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dunn, North Carolina that: Section 1. By virtue of the authority granted by G.S. 160A-31, the following described territory is hereby annexed and made part of the City of Dunn as of September 10, 2019: 1001 Meadowlark Rd, PIN #1517-65-0443 DUNN All-Amer[c d 1 Arnie w7onn97 wafters 1989'* 2013 BEING all that tract of land containing a gross area of +/- 18.96 acres (825,834 square feet) located in Averasboro Township, Harnett County, North Carolina; said tract being owned by John A. Willoughby and wife, Clarice L. Willoughby as described in Deed Book 3643, Page 153 of the Harnett County Registry and being more particularly described by courses based on North Carolina Grid Coordinate System (NAD83/2011) and distances according to a survey entitled "ALTA/NSPS Land Title Survey of The Land of Cubero Solar, LLC for Cypress Creek Renewables, LLC" prepared by McKim & Creed, Inc. dated October 12, 2018, and being more particularly described as follows: BEGINNING at an iron pipe found having NC Grid (NAD83/11) coordinates of Northing = 574,985.57 feet, Easting = 2,116,547.85 feet; said iron pipe being in the right-of-way line (allowing 60 feet) of Meadowlark Road, the POINT OF BEGINNING, thence departing the right-of-way line (allowing 60 feet) of Meadowlark Road with the eastern line of Dogwood Creels Land Holdings, LLC the following two calls, (1) South 88 deg. 36 min. 58 sec.West 1054.41 feet to an iron pipe found and (2) North 07 deg. 25 min. 34 sec. East 822.52 feet to an iron pipe found in the center of a ditch, said iron pipe being the common corner of Dogwood Creels Land Holdings, LLC; Harnett County Board of Education and William A. Glover, Jr., thence along a ditch comprising the southern line of William A. Glover, Jr. and Emily T. Weaver, Ricky Weaver, and Teresa W. McDaniel, North 80 deg. 55 min. 59 sec. East 858.76 feet to an iron rod set in the right-of-way line (allowing 60 feet) of Meadowlark Road, thence with the right-of-way fine (allowing 60 feet) of Meadowlark Road the following two calls, (1) South 05 deg. 52 min. 56 sec. East 808.67 feet to an iron rod set and (2) with a curve to the left having a radius of 1730.56 feet, on arc length of 122.28 feet, a chord bearing of South 07 deg. 56 min. 24 sec. East 122.25 feet to an iron pipe found, the Beginning iron pipe found. Section 2. Upon and after September 10, 2019, the above described territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the City of Dunn and shall be entitled to the same privileges and benefits as other parts of the City of Dunn. Said territory shall be subject to municipal taxes according to G. S. 160A-58.10. Section 3. The Mayor of the City of Dunn shall cause to be recorded in the office of the Register of Deeds of Harnett County, and in the office of the Secretary of State at Raleigh, North Carolina, an accurate map of the annexed territory, described in Section 1 above, together with a duly certified copy of this ordinance. Such a map shall also be delivered to the County Board of Elections, as required by G. S. 163-288.1. Adopted this 101h day of September, 2019. Oscar N. Harris, Mayor Attest: Tammy Williams, City Clerk 1, Tammy Williams, City Cleric of the City of Dunn, do hereby certify that the foregoing is a true and accurate copy of an annexation ordinance duly adopted by the City Council of the City of Dunn, North Carolina, at a meeting held September 10, 2019, at 7 o'clock p.m. at the City Hall in the City of Dunn. IN WITNESS WHEREOF, I have here unto set my hand and have caused the official corporate seal of said City to be affixed, this the 10th day of September, 2019. Tammy Williams, City Clerk Harnett GIS W J a cU W J 0 LL f 0 Z DUNN ilikierica Ali•AmericaCity it, ai dua 11111r City Council ci Agenda e ®r 1 ® Meeting eeti "g Date:September __ , - 1989 * 2013 1969 2613 SUBJECT TITLE: Consideration of Ordinance to Demolish House — 204 Ammons Rd. PIN #: 1515-49-8767.000._,__. Presenter: Chief Building Inspector King Department: Planning and Inspections Description: Ordinance to Demolish Property Attachment: X Yes No Property History Pictures of Property Public Hearing Advertisement Date: PURPOSE: Chief Building Inspector Steven King has conducted an inspection at 204 Ammons Rd, and based upon his observations, the structure failed to comply with the minimum standards of fitness established by the Minimum Housing Code of the City of Dunn. The Building Inspector also found the dwelling dangerous or prejudicial to the public health or public safety and is a nuisance in violation of G.S. §160A-193. The owner of the property has failed to comply with the Building Inspector's order and according to N.C.G.S. § 160A-443, the City Council has the power to proceed with the demolition of this property. This item was tabled at the June 11, 2019 meeting to allow the new owner to make necessary repairs to the structure. Should Council decide to proceed with the demolition of the dwelling at 204 Ammons Rd, an ordinance (which is attached) would need approval directing the Building Inspector to remove or demolish said structure. BACKGROUND: BUDGET IMPACT: RECOMMENDATIONIACTION REQUESTED: Allow additional time to make the necessary repairs to the dwelling or drop Condemnation Proceedings entirely on property located at 204 Ammons Rd. (PIN # 1515-49-8767.000). north carolina NN city of dune POST OFFICE BOX 1065 . DUNN, NORTH CAROLINA 25335 (910) 230-3500 - FAX (910) 230-3590 www.dunn-nc.org Mayor Oscar N. Harris Mayor Pro Tem Frank McLean Council Members Buddy Maness Dr. Gwen McNeill Billy Tart Chuck Tannage Dn David L. Bradham City Manager Steven Neuschafer AN ORDINANCE DIRECTING THE BUILDING INSPECTOR TO REMOVE OR DEMOLISH THE PROPERTY HEREIN DESCRIBED AS AN UNSAFE BUILDING PURSUANT TO N.C.G.S. §160A-426, ET SEQ. WHEREAS, that on March 4th, 2019, the Chief Building Inspector for the City of Dunn sent a notice to Ulfet Valerie Thompson, the owner(s) of record of structure located at 204 Ammons Rd. noting that the structure was in a condition that constitutes a fire and safety hazard, and is dangerous to life, health and property and was thereby condemned, pursuant to North Carolina General Statute §160A-426, and noticed the property owner of a hearing on March 14th, 2019 at the office of the Chief Building Inspector located at 102 North Powell Ave., Dunn, North Carolina pursuant to North Carolina General Statute §160A-428; and WHEREAS, on March 14th, 2019 a hearing was conducted by the Chief Building Inspector Steven King, following the completion of the hearing, the Chief Building Inspector entered an Order, pursuant to North Carolina General Statute §160-429, declaring that the structure referenced above is in a condition that constitutes a fire or safety hazard and is dangerous to life, health or other property and ordering the property owner to repair or demolish the structure on the property within sixty (60) days of the date of such Order, being May 24th, 2019; and DUNN All -America Cite III m4ere commune ma.Cters W 1989* 20B WHEREAS, the owner of the above described structure did appeal the Order of the Building Inspector within the ten (10) day time period prescribed in North Carolina General Statute §160A-430. The City Council denied the appeal request unanimously and such Order is therefore a final Order; and WHEREAS, on May 31st, 2019 and June 4th, 2019, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on June 11th, 2019 to consider the adoption of this Ordinance, directing that the Building Inspector proceed with the demolition of the structure described hereby, and that all costs incurred shall be a lien against such property, pursuant to North Carolina General Statute §160A-432; and WHEREAS, the City Council of the City of Dunn, NC tabled this Ordinance on June 11th, 2019 to allow the owner time to make repairs to the structure; and WHEREAS, the City Council of the City of Dunn, NC finds that the structure described herein is dangerous or prejudicial to the public health or public safety and is a nuisance in violation of North Carolina General Statute 160A-193; and WHEREAS, this structure should be removed or demolished, as directed by the Chief Building Inspector, and is an unsafe building condemned as set forth in North Carolina General Statute §160A-426 and constitutes a fire and safety hazard; and WHEREAS, the owner of this structure has been given a reasonable opportunity to repair or demolish the structure pursuant to an Order issued by the Building Inspector on March 25th, 2019 and the owner has failed to comply with this order; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dunn, North Carolina that: Section 1. The Building Inspector is hereby authorized and directed to place a placard on the exterior of the structure described herein, containing the legend: "This building is unfit for human habitation and is a public nuisance; the use or occupation of this building for human habitation is prohibited and unlawful." On the structure at the following address: 204 Ammons Rd. Dunn NC 28334 PIN #: 1515-49-8767.000 PARCEL ID #: 0215150225 Section 2. The Building Inspector is hereby authorized and directed to proceed to remove or demolish the above described structure in accordance with his Order to the owner thereof dated the 25th day of March, 2019 and in accordance with North Carolina General Statute §160A-432, based on the owner's failure to comply with such Order. Section 3. (a) The cost of removal or demolition shall constitute alien against the real property upon which the cost was incurred. The lien shall be filed in the office of the City Tax Collector, and shall have the same priority and be collected in the same manner as the lien for special assessments in Article 10 of Chapter 160A of the North Carolina General Statutes, and such costs shall also be lien against any other real property owned by the owner of the property within the City of Dunn, North Carolina, or within one (1) mile of the City of Dunn city limits, except for the property owner's primary residence. (b) Upon completion of the required removal or demolition, the Building Inspector shall sell the useable materials of the structure and any personal property, fixtures, or appurtenances found in the building and credit the proceeds against the cost of removal or demolition. The Building Inspector shall certify the remaining balance to the Tax Collector. If a surplus remains after sale of the materials and satisfaction of the cost of removal or demolition, the Building Inspector shall deposit the surplus with the Harnett County Clerk of Superior Court where it shall be secured in the manner provided by North Carolina General Statute §160A-432. Section 4. It shall be unlawful for any person to remove or cause to be removed the placard from any building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the occupancy of any building therein declared to be unfit for human habitation. Section S. This ordinance shall become effective upon its adoption Adopted this the 10th day of September, 2019. Oscar N. Harris, Mayor Attest: Tammy Williams City Clerk north carolina IWL)UNN tits' of dunn PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 < DUNN, NORTH CAROLINA 28335 Page 1 of 2 Mayor Oscar N. Harris Mayor Pro Tem Frank McLean Council Members Buddy Maness Dr. Goren McNeill Billy Tart Chuck Turnage Dr. David L Bradham (910) 230-3505 • FAX (910) 230-9005 City Manager www.dunn-nc.org Steven Neuschafer PROPERTY HISTORY: 204 Ammons Road (PIN#: 1515-49-8767.000) Owner: Ulfet Valerie Thompson New Owncr: John Sutton & Richard Cunnius 215 Burke St. 546 Holley Grove Road Dunn, NC 28334 Benson, NC 27504 Overview: The property at 204 Ammons Road was damaged during the hurricane and a structure fire occurred on September 25th, 2018 causing significant damage to the carport and utility room. There is also smoke damage throughout the dwelling. Mrs. Thompson appealed the decision of sixty (60) days and City Council denied her request at the May 2019 Council Meeting. As of May 31st, 2019, no visible repairs have been made to the dwelling. Below is the timeline of actions taken by the City: March 4th, 2019 — Property Condemned. Condemnation and Hearing Notice sent to owner on file with Harnett County GIS. March 14111, 2019 — Hearing held at the Planning and Inspections Department. No one attended hearing. March 25t", 2019 — Order after Condemned Hearing allowing sixty (60) days for repairs to be made sent to owner on file with Harnett County GIS. Letter outlining the appeal process was also included. April 211, 2019 — Appeal letter received from Ms. Ulfet Valerie Thompson requesting additional time from City Council. May 1 st, 2019 — Site inspection performed and updated pictures taken. No visible improvements have been made. May 14th, 2019 — Scheduled for City Council Meeting. City Council unanimously voted to uphold the Building Inspector's decision and the sixty (60) day time period. May 24111, 2019 — Time period of sixty (60) days expires. Building permits have not been obtained from the owner or any contractor to make repairs to dwelling. May 31st, 2019 — Site inspection performed with no repairs being made. The area around the carport has had debris removed and the grass is within regulation. Page 2 of 2 June 11111, 2019 -- Scheduled for City Council Meeting to have Ordinance to Demolish Structure approved. City Council voted to give additional time for the sale and repair of the dwelling and for it to be rescheduled to the September 10`x', 2019 Council Meeting. June 13th, 2019 — Property sold to John Sutton and Richard Cunnnius for approximately $20,000. June 27"', 2019 — Residential Building Permit issued to Richard Cunnius for making repairs to the dwelling. (Permit No: BR -19-00188) (Valuation: $20,000.00) July 30th, 2019 —Framing, Electrical, and Plumbing inspections performed. Aueust 30111, 2019 — Conditional power inspection performed and additional pictures taken of the work that has been done. September 10'h, 2019 — Scheduled for City Council Meeting to consider ordinance to demolish structure or to grant additional time for repairs. May 15t, 2019 May 31St, 2019 August 30th, 2019 Ho u Neto IIOR111 CAROLINA 021515 0226 1615-49.8767,000 4omage: 1.000 LT ac id Acreage: 0.28 ec Number: 1500032103 SUTTON JOHN & CUNNIUS RICHARD Print ihls page Property Description: LOTN5 C A JOHNSON M8410.1 76X160 646 HOLLY GROVE RD BENSON, NO 27604-6357 arty Address: 204 AMMONS RD DUNN, NO 28334 State, Zip: DUNN, NC, 29334 Iing Count: t [ship Code: 02 rax District: Dunn Averesboro I Building Value: $2720 1 Outbuilding Value: $2100 1 Land Value: $11000 .I Special Lend Value : $0 Value :$16820 I Deferred Value ; $0 Assessed Value : $16820 Harnett County GIS Neighborhood: 00200 Actual Year Built: 1962 TotalAculalAreaHeated: 1592 SgIPI Sale Month and Year: 612019 Sale Price: $20000 Deed Book & Page: 3705-0949 Deed Date: 2019100/13 Plat Book & Page: 10-16 Instrument Type: WD Vacant or Improved: Gualilledcode: O Transfer or Split: T Within tmi of Agriculture District: No Prior Building Value: $94600 Prior Outbuilding Value : $2100 Prior Land Value : $11000 Prior Special Land Value : $0 Prior Deferred Value : $0 Prior Assessed Value : $107700 1 D 1 City Council Agenda Form Meeting Date: September i 2019 1989 * 2013 1989 * 2013 SUBJECT TITLE: Acceptance of Golden LEAF Foundation Grant for Inflow and Infiltration Assessment Presenter: Utilities Director Adams Department: Public Utilities Des( Attachment: XYes No and Public Hearing Advertisement Date: Grantee Acknowledgment, Letter of Award PURPOSE: The City applied for and received Hurricane Florence Recovery Grant funds from the Golden LEAF Foundation for the purpose of funding an Inflow and Infiltration assessment of the City's wastewater collection system in order to identify areas of damage, resulting from the effects of Hurricane Florence. The assessment will also include an impact analysis and a recommendation for prioritizing the repair of the identified defects. BACKGROUND: Following Hurricane Florence, the metered average monthly flow of Dunn's wastewater nearly doubled. In the past, when there were heavy rainfall events, the collection system flows would spike but would quickly recover and return to normal conditions after a few days. After Hurricane Florence, the wastewater plant has not seen the flows return to "normal". Even with drier conditions during the month of May and June 2019, the average dry weather flows have increased from 1.5 MGD to 2.0 MGD. Average flows increased from 1.8 MGD to 3.0 MGD and maximum flows increased from 2.75 MGD to 5.0 MGD. BUDGET IMPACT: The City was awarded $142,500 with no local match required. RECOMMENDATION/ACTION REQUESTED: Staff recommends that Council accept the Golden LEAF Grant in the amount of $142,500 and make the applicable assurances contained therein and authorize City Manager Neuschafer to enter into a contract with WithersRavenel to assist the City with completing the Inflow and Infiltration Assessment. TH g N N I V E R 5 A R Y Golden LEAF r� un R:, r Iari BOBBIE RICHARDSON NC (LONG-TERM ECONOMIC ADVANCEMENT FOUNDATION) BOARD OF DIRECTORS August 7, 2019 RANDY ISF.NHOWER Agreement, which includes details regarding administration of the grant, CHAIR including the payment schedule and reporting requirements. Please read NEWTON,NC agreement carefully and take note of special conditions that MURCHISON "BO" BIGGS Mr. Steven Neuschafer LUMBERTON. NC City Manager S. LAWRENCE VENPORI City of Dunn G R ENVILLE, NC PO Box 1065 BARRY Z. DODSON STONEVILLE, NC Dunn, North Carolina 28335 DON FLOW WINSTON-SALEM, NC Dear Mr. Neuschafer: ]IM GARDNER ROCKY MOUNT, NC I am pleased to inform you that the Board of Directors of the Golden TOMMY HESTER LEAF Foundation has approved a giant for your project, "City of Dunn HENDERSON, NC Assessment of Inflow and Infiltration," in the amount of $142,500.00. CAROLYN H. JUSTICE This grant is funded by the 2018 Hurricane Florence Disaster Recovery HAMPSTEAD, NC Act. We trust that this support will enable your recovery from Hurricane ]OHNATHAN L. RHYNE, )R. Florence. LINCOLNT ON, NC BOBBIE RICHARDSON NC Enclosed are two copies of our Grantee Acknowledgement and LOUISBURG Agreement, which includes details regarding administration of the grant, Lee BOBERrS RALEIGH, NC including the payment schedule and reporting requirements. Please read agreement carefully and take note of special conditions that DAVID ROSE your grantee NASHVILLE:, NC may apply to your grant award. THOMAS STITH DURHAM, NC We require that grantees become acquainted with Golden LEAF's TOM TAF( policies governing grants by attending a grants management workshop. GREENVILLE, NC JEROME VICK Disbursement of funds will follow attendance at a workshopand WILSON. NC completion of required documentation. Reporting forms will be ACTING PRESIDENT provided prior to the grant workshop. If you have specific questions TED LORD regarding your report forms, please contact Kasey Ginsberg at 888-684-8404 or at kginsberg_@goldenleaf.org. All publicity and printed materials regarding projects or activities funded in whole or in part by this grant should contain the following language: "This project received support from the Golden LEAF Foundation." The Golden LEAF logo is to be displayed in all of the publicity and printed materials relating to this grant. Please contact Jenny Tinklepaugh (jtinklepaugliggoldenleaf.org) for digital versions of the logo. 301 NORTH W INSTEAD AVENUE • ROCKY MOUNT, NC 27804 c (252) 442-7474 0 (888) 684-8404 • FAX (252) 442-7404 www.goldenleatorg • Email: info(n)goldenleaEorg Mr. Steven Neuschafer August 7, 2019 Page 2 Please let me or Kasey Ginsberg know if you have any questions. We stand ready to be of assistance to you at any time. Once again, on behalf of the Board, congratulations on your grant award. Sincerely, Ted Lord Acting President TL:bs Enclosures: as stated cc: Ms. Heather Adams, Public Utilities Director The Golden LEAF Foundation ("Golden LEAF") GRANTEE ACKNOWLEDGMENT AND AGREEMENT 1. Grantee: City of Dunn 2. Project File Number & Title: FY2020-007 / City of Dunn Assessment of Inflow and Infiltration 3. Purpose of Gant: Following Hurricane Florence, the metered average monthly flow of Dunn's sewer collection system nearly doubled. The town believes that excessive pressure during Hurricane Florence compromised its sewer infrastructure, causing increased inflow and infiltration. Golden LEAF disaster recovery grant funds will be used for professional fees to assess the town's sewer infrastructure, identify areas of damage, and recommend repairs. The town recently received an Asset Inventory Assessment grant award from the N.C. Department of Environmental Quality that will contribute to the success of this project. 4. Amount of Grant: $142,500.00 5. Award Date: 8/1/2019 Start 6, Special Terms and Conditions Applicable to Grant: a) The term of the grant is 12 months, commencing on the Award Date unless the Grantee proposes a later Start Date that is accepted by Golden LEAF. Golden LEAF may extend the term of the Grant. The provisions of this Grantee Acknowledgment and Agreement that by their nature extend beyond the term of the grant will survive the end of the term of the grant. b) Golden LEAF funds may be used for project -related expenses incurred prior to the grant award. c) Grantee agrees to use reasonable efforts to secure funding for these repairs from FEMA, its insurer, and/or other sources of funding typically available to the grantee for similar disaster -recovery projects and will pay any funds received from other sources for these repairs to Golden LEAF, up to the fill amount of grant funds released by Golden LEAF for this project. d) Use of grant funds must comply with the 2018 Hurricane Florence Disaster Recovery Act, including, without limitation, Section 4.2(a) and Section 4.2(b). e) Grantee agrees to comply with applicable requirements of G.S. 143C-6-23. 7. Standard conditions on the release of grant funds: a) Release of grant funds is contingent on Grantee attending a Golden LEAF grants management workshop or participating in satisfactory discussions with Golden LEAF staff to gain training in the management of Golden LEAF grants and reporting requirements. b) Release of funds is contingent on Grantee returning a fully executed original of this Grantee Acknowledgment and Agreement no later than forty-five (45) days after the Award Date, unless Golden LEAF agrees to extend the deadline for its submission. c) Release of funds is contingent on Grantee submitting a project management plan ("PMP") that Golden LEAF has approved. The PMP must be submitted for approval within forty-five (45) days of the Award Date, unless Golden LEAF agrees to extend the deadline. Unless otherwise approved, the PMP must be submitted on Golden LEAF form(s). The PMP will include key activities that are critical to successful implementation of the grant and outcomes that will be used to assess the success and effectiveness of the project. d) Release of funds is contingent on the Grantee submitting a project budget for approval by Golden LEAF. The project budget must be submitted for approval within forty-five (45) days of the Award Date unless Golden LEAF agrees to extend the deadline. Unless otherwise approved, the project budget must be submitted on Golden LEAF form(s). e) If the approved project budget includes funds from other sources that are required for project implementation, Golden LEAF grant funds will not be released until Grantee demonstrates that it has secured those funds. f) Golden LEAF grant funds may not be used for acquisition of interests in real property or for costs of grant administration. g) If the Grantee fails to comply with its obligations under this Agreement, no further grant funds will be released unless such noncompliance is resolved to the satisfaction of Golden LEAF. 8. Confirmation of Eligibility/Permissible use of Funds: The Grantee confirms: (1) that the Internal Revenue Service has determined that the Grantee is an organization described in Section 501(c) (3) of the Internal Revenue Code of 1986, as amended, and that such determination has not been revoked, or (2) that the Grantee is a federal, state or local goverranental unit. Grantee agrees to notify Golden LEAF promptly if the Grantee's tax- exempt status is revoked or modified in any way. The Grantee agrees that it will use the funds from this grant only for charitable, educational, or scientific purposes within the meaning of Section 501(c)(3) of the Code, and that it will not use the funds from this grant in any way that would result in or give rise to private inurement or impermissible private benefit. The Grantee agrees that no funds from this grant will be used to carry on propaganda or otherwise to attempt to influence legislation, to influence the outcome of any public election, or to carry on directly or indirectly any voter registration drive. If grant finds are used to pay for sales tax for which the Grantee receives a refund, Grantee will use the refund for expenses that are consistent with the purpose of the grant and permissible under this Agreement. Unless otherwise agreed by Golden LEAF in writing, no portion of the Grantee's rights or obligations under this Agreement may be transferred or assigned to any other, entity. 9. Compliance with laws/liens: The Grantee is in material compliance with all federal, state, county, and local laws, regulations, and orders that are applicable to the Grantee, and the Grantee has timely filed with the proper governmental authorities all statements and reports required by the laws, regulations, and orders to which the Grantee is subject. There is no litigation, claim, action, suit proceeding or governmental investigation pending against the Grantee, and there is no pending or (to the Grantee's knowledge) threatened litigation, claim, action, suit, proceeding or governmental investigation against the Grantee that could reasonably be expected to have a material adverse effect upon the Grantee's ability to cant' out this grant in accordance with its terms. The Grantee has timely paid all judgments, claims, and federal, state, and local taxes payable by the Grantee the non- payment of which might result in a lien on any of the Grantee's assets or might otherwise adversely affect the Grantee's ability to carry out this grant in accordance with its terms. 10. Conflict of interest: In connection with the project funded by Golden LEAF, no employee, officer, director, volunteer, or agent of the Grantee shall engage in any activity that involves a conflict of interest or that would appear to a reasonable person to involve a conflict of interest. Without limiting the foregoing principle, except as described below, in connection with implementation of the project funded by Golden LEAF, Grantee shall not procure goods or services from any Interested Person or from any individual or entity with which any Interested Person has a financial interest or from any family member of an Interested Person, nor shall Grantee use Golden LEAF grant funds to provide goods, services, or compensation (other than customary and reasonable wages and benefits) to any Interested Person or to any family member of an Interested Person. "Interested Person" includes officers and directors of the Grantee, and employees of the Grantee with authority to procure goods or services for the Grantee related to the project funded by Golden LEAF. For purposes of this section, family members shall include: (1) spouse, (2) ancestor, (3) brother, (4) half-brother, (5) sister, (6) half-sister, (7) child (whether by birth or by adoption), (8) grandchild, (9) great grandchild, or (10) spouse of brother, half- brother, sister, half-sister, child, grandchild, or great grandchild. An Interested Person has a financial interest if the Interested Person has, directly or indirectly, through business, investment, or family: a) an ownership or investment interest in any entity with which the Grantee has a transaction or arrangement; b) a compensation arrangement with the Grantee or with any entity or individual with which the Grantee has a transaction or arrangement; or c) a potential ownership or investment interest in, or compensation arrangement with, any entity or individual with which the Grantee is negotiating a transaction or arrangement. Compensation includes direct and indirect remuneration as well as gifts or favors that are not insubstantial. An Interested Person must inform the Grantee of his or her financial interest upon becoming aware that the Grantee is considering procuring goods or services from any individual or entity with which any Interested Person has a financial interest. The foregoing notwithstanding, if after exercising due diligence, the governing board or committee of the Grantee determines that the Grantee is not reasonably able to secure a more advantageous transaction or arrangement from an individual or entity with which an Interested Person does not have a financial interest, the governing board or committee shall determine by a majority vote of the disinterested directors whether the transaction or arrangement is in the Grantee's best interest, for its own benefit, and whether it is fair and reasonable. In conformity with the above determination the Grantee shall make its decision as to whether to enter into the transaction or arrangement and shall keep written records of the meeting at which that decision was made. The Grantee shall inform all Interested Persons of the requirements set forth in this section. If the requirements set forth in this section conflict with any statute or regulation applicable to the Grantee, the statute or regulation shall control. If the Grantee has a conflict of interest or similar policy that provides more stringent restrictions and protections than those in this section, the Grantee may comply with its policy rather than the policy contained herein. This section does not alter the requirement that Grantee may not use the funds from this grant in any way that would result in or give rise to private inurement or impermissible private benefit It. Procurement: All goods or services acquired using Golden LEAF grant funds must be reasonably necessary to implement the project funded. All procurement transactions involving the use of Golden LEAF grant funds will be conducted to provide, to the extent possible and reasonable, free and open competition among suppliers. The Grantee should use reasonable efforts to procure goods and services from local businesses, small businesses, minority-owned firms, and women's business enterprises. The Grantee will seek competitive offers where possible and reasonable to obtain the best possible quality at the best possible price. Some form of cost or price analysis shall be made and documented in connection with every individual procurement in excess of $1,000.00. Price analysis may be accomplished in various ways, including the comparison of price quotations or market prices, including discounts. For any single procurement of $100,000.00 or more, Grantee will use a competitive bid process that is designed to attract a reasonable number of responsive bidders. The requirements of the bid process may vary depending on the value of the procurement. When evaluating bids received, the Grantee is not required to take the lowest price if other factors are reasonably important to the Grantee; however, the bases for evaluation and selection should be listed in the procurement documents and there should be an objective method for the decision made by the Grantee. The decision should be documented in writing. If the Grantee is subject to statutory or regulatory procurement requirements, those requirements supersede this section. The Grantee may request that the President of Golden LEAF approve the Grantee's use of a procurement policy that varies from the requirements of this section. 12. Project and budget modification: The Grantee will immediately notify Golden LEAF of anything that may materially affect the Grantee's ability to perform the project funded. If the Grantee proposes to modify the budget, the objectives, or any other feature of the project funded, the Grantee shall not encumber or expend any funds from this grant for such purposes unless and until Golden LEAF has approved such proposed modifications in writing. Moreover, no further payments shall be made to the Grantee in connection with the project funded unless and until Golden LEAF has approved such proposed modifications in writing. 13. Use of grant funds/rescission and termination of grants: The Grantee accepts and will retain full control of the disposition of funds awarded to the Grantee by Golden LEAF under this grant and accepts and will retain full responsibility for compliance with the terms and conditions of the grant. Grant funds shall be utilized exclusively for the purposes set forth above. If the Grantee breaches any of the covenants or agreements contained in this Grantee Acknowledgment and Agreement, uses grant funds for purposes other than those set out above, or any of the representations and warranties made by the Grantee are untrue as to a material fact, the Grantee agrees to repay to Golden LEAF the full amount of this grant. Any condition, purpose, term or provision in Golden LEAF's resolution approving funding or in this Agreement shall take precedence over any conflicting provision in the Grantee's application. Grantee shall not use grant funds for any purpose not included in the Grantee's application for funding unless specifically approved by Golden LEAF. If there is a conflict between the purpose of the grant and use of grant funds described in this Grantee Acknowledgment and Agreement and the Grantee's application for funding, this Grantee Acknowledgment and Agreement will control. 14. The Grantee acknowledges receipt of the following policy regarding termination and rescission of grants, which is intended to supplement but not replace or limit the rights and remedies of Golden LEAF set forth elsewhere in this Agreement. The Grantee acknowledges that Golden LEAF may, from time to time, amend its policy regarding termination and rescission of grants, and the Grantee acknowledges that the Grantee will be subject to the policy as amended. Policy Regarding Rescission and Termination of Grants. Rescission of a grant revokes the grant award. When funds have been disbursed to a Grantee by Golden LEAF and a grant is rescinded, the Grantee may be liable for repayment to Golden LEAF for an amount up to the total of grant funds received by the Grantee, in addition to any other remedy available to Golden LEAF. Termination of a grant ends the grant on a going - forward basis, and the Grantee is responsible for repayment to Golden LEAF of only that portion of the grant funds that has been disbursed but not expended by the Grantee in accordance with the terms of the grant. A grant may be rescinded or terminated at any time in the discretion of Golden LEAF for the Grantee's failure to comply with its obligations under this Agreement or if any of the Grantee's representations and warranties in this Agreement are or become untrue as to a material fact. Reasons for rescission or termination of a grant include but are not limited to the following: a. The Grantee has not signed and delivered to Golden LEAF the Grantee Acknowledgment and Agreement within forty-five (45) days of the Award Date set out in Section 5, above. b. The Grantee has failed to complete the project within the grant term established by this Agreement or any extensions thereof. C. The Grantee's tax-exempt status has been modified or revoked. d. The Grantee is unable, or has failed or refused, to comply with a material term or condition of the grant. e. The Grantee has experienced a change in circumstances that is likely to have a material adverse effect upon the Grantee's ability to accomplish fully the purposes of the grant (e.g., loss of collateral funding, loss of key personnel, etc.). f. The Grantee has failed or refused to submit a report, statement, accounting or return required by this Agreement or applicable law. g. The Grantee has materially modified its budget for the project, and such material modification has not been approved by Golden LEAF. h. The Grantee commits a material violation of the Internal Revenue Code or uses grant funds for some purpose not permitted by the Internal Revenue Code or for some purpose not contemplated by the grant. i. The Grantee breaches any of the covenants or agreements contained in this Grantee Acknowledgment and Agreement. j. The Grantee requests that the grant be rescinded or terminated. It is anticipated that a grant will be rescinded in situations in which no grant funds have been disbursed. Where grant funds have been disbursed, it is anticipated that a grant will be rescinded in the case of more serious violations (including, without limitation, use of grant funds for some purpose not contemplated by the grant or in violation of the Internal Revenue Code, or upon other affirmative misconduct of the Grantee), and that termination of a grant will occur in the case of the less serious instances of non-compliance or where the circumstance giving rise to termination is not the result of misconduct of the Grantee. If the Board of Directors of Golden LEAF determines that a grant should be rescinded or terminated, Golden LEAF will notify the Grantee of that decision. Golden LEAF may choose to notify the Grantee that the grant is subject to rescission or termination unless the Grantee remedies the noncompliance, and Golden LEAF may establish deadlines or other limitations on the Grantee's opportunity to remedy the noncompliance. If Golden LEAF allows the Grantee the opportunity to correct the noncompliance, no further grant fiords shall be advanced until the noncompliance is remedied. 15. Release of Funds: Unless otherwise agreed by Golden LEAF, up to twenty percent (20%) of funds may be released in advance after all conditions on the release of funds are satisfied. Funds may be released in additional advances of up to twenty percent (20%) of the grant amount upon receipt of evidence satisfactory to Golden LEAF that funds previously released have been properly expended and accounted for. Funds may also be released on a reimbursement basis, in which case payments may be made in an amount equal to or up to eighty percent (80%) of the grant amount upon receipt of evidence satisfactory to Golden LEAF that funds have been properly expended and accounted for. Unless otherwise approved by the President of Golden LEAF, a sum equal to twenty percent (20%) of the total amount of the grant will be retained by Golden LEAF until the Grantee completes its obligations under this grant, including submission of a satisfactory final report on the project funded. This final twenty percent (20%) retained by Golden LEAF shall be paid to the Grantee on a reimbursement basis. If the grant is conditional or contingent, all conditions and contingencies must be met before any payment will be made. Each request for payment shall be in writing using the approved Golden LEAF form and shall certify that the Grantee has performed in accordance with the terms and provisions of its Grantee Acknowledgment and Agreement, and that such Grantee is entitled under the terms of such Agreement to receive the amount so requested. Each request should be made to President, The Golden LEAF Foundation, 301 N. Winstead Avenue, Rocky Mount, NC 27804. Payment should not be requested until the Grantee has need for actual expenditures of the funds. The Grantee should request payment at least thirty (30) days prior to its desired payment date. 16. Reporting: The Grantee agrees to submit a progress report to Golden LEAF biannually, to be received by Golden LEAF six months from the date of award and every six months thereafter unless some other schedule is approved by Golden LEAF. The Grantee agrees to submit a final Progress Report for receipt by Golden LEAF within sixty (60) days after the completion of all obligations for the project funded or the end date, whichever comes first. The Grantee may be required to report results and accomplishments to Golden LEAF for a period beyond the grant term that is reasonably necessary to evaluate the outcomes of the grant. Report forms may be found on Golden LEAF's website, www.goldenleafor . The Grantee will furnish additional or further reports if requested by Golden LEAF on forms prescribed by Golden LEAF. 17. Records: The Grantee agrees to maintain full, accurate and verifiable financial records, supporting documents, and all other pertinent data for the project funded in such a manner so as to identify and document clearly the activities and outcomes of the project funded and the expenditure of Golden LEAF grant funds. Financial records regarding Golden LEAF's grant shall maintained in such a way that they can be reported separately from monetary contributions, or other revenue sources of the Grantee. The Grantee agrees to retain all financial and programmatic records, supporting documents, and all other pertinent records related to the project funded for a period of five (5) years from the end of the grant term. In the event such records are audited, all project records shall be retained beyond such five-year period until all audit findings have been resolved. The Grantee shall provide to Golden LEAF copies of all financial and other records requested by Golden LEAF and shall make available to Golden LEAF, or Golden LEAF's designated representative, all of the Grantee's records that relate to the grant, and shall allow Golden LEAF or Golden LEAF's representative to audit, examine and copy any data, documents, proceedings, records and notes of activity relating to the grant. Access to these records shall be allowed upon request at any time during normal business hours and as often as Golden LEAF or its representative may deem necessary. The Grantee may be subject to audit by the State Auditor. 18. This Section 18 is applicable if the following blank is marked: Staff Initials & date Intellectual property/new developments: In consideration of its receipt of funds granted by Golden LEAF, the Grantee agrees that during the course of the project funded by the grant, the Grantee, and any recipient of grant funds, will promptly disclose to Golden LEAF any improvements, inventions, developments, discoveries, innovations, systems, techniques, ideas, processes, programs, and other things, whether patentable or unpatentable, that result from any work performed by or for the Grantee in connection with the project funded, or by individuals whose work is funded by the grant (the "New Developments"). If the Grantee provides to Golden LEAF a copy of any Invention Disclosure Reports it receives from Grantee employees that report making inventions under this Agreement, then the Grantee will be deemed to have satisfied the disclosure requirement in the preceding sentence. The Grantee agrees that it, and any recipient of grant funds, shall take all reasonably appropriate actions to assure that the New Developments shall be and remain the sole and exclusive property of the Grantee. In the event that the interests of the public would be served by commercialization of the New Developments, the Grantee agrees to use its best reasonable efforts to pursue the commercialization of any such New Developments in a manner that will serve the interests of the public, including but not limited to the transfer, assignment or licensing of such New Developments; provided, however, that the Grantee, and any recipient of grant funds, shall not transfer, assign or license such New Developments in part or in whole without first having obtained the written consent of Golden LEAF. Any revenue generated as a result of transferring, assigning, or licensing New Developments will be managed by the Grantee in accordance with its published patent, copyright and technology transfer procedures, if any, and in the absence of such procedures such revenue will be managed by the Grantee in accordance with procedures approved by Golden LEAF. Such procedures typically will prioritize the distribution of revenues to ensure that the Grantee first honors its obligation to its inventors and then to cover its own out-of-pocket expenses as necessary to protect its intellectual property. The Grantee and Golden LEAF further agree that should there be any revenue generated greater than that necessary to meet the obligations of the preceding paragraph ("Net Revenue"), the Net Revenue shall be managed by the Grantee as follows: a) 15% of the Net Revenue will be retained by the Grantee as a fee for the management and distribution of funds as required under this Agreement. b) 30% of the remaining Net Revenue will be paid to Golden LEAF. C) 70% of the remaining Net Revenue will be retained by the Grantee and used in accordance with the procedures referenced in the preceding paragraph above. The Grantee's obligations pursuant to this Section will continue beyond the expiration of the funding period 19. Independent entity: The Grantee acknowledges and agrees that the Grantee is an entity independent from Golden LEAF, is not an agent of Golden LEAF, and is not authorized to bind Golden LEAF to any agreement of payment for goods or services. The Grantee is responsible for payment of all its expenses, including rent, office expenses and all forms of compensation to employees. It shall provide workers compensation insurance to the extent required for its operations and shall accept full responsibility for payments of unemployment compensation, social security, income taxes and any other charges, taxes or payroll deductions required by law in connection with its operations, for itself and its employees. All expenses incurred by the Grantee are the sole responsibility of the Grantee, and Golden LEAF shall not be liable for the payment of any obligations incurred in the performance of the project funded. 20. Non-discrimination: The Grantee shall not discriminate by reason of age, race, ethnicity, religion, color, sex, national origin, or handicap related to the activities of a project funded by Golden LEAF. 21. Publicity: All publicity and printed materials regarding projects or activities supported in whole or in part by this grant should contain the following language: "This project received support from The Golden LEAF Foundation." The Golden LEAF logo is to be displayed in all of the Grantee's publicity and printed materials relating to this grant. Please contact Jenny Tinklepaugh (jtinklepaugh t,goldenleaf.org) for digital versions of the logo. 22. Authority to execute/Necessary Approvals Obtained: The individual signing below certifies his or her authority to execute this Agreement on behalf of the Grantee and that the Grantee has received any third -party approval that may be required prior to entering this Agreement. By executing this Agreement, the Grantee, to induce Golden LEAF to snake this grant, makes each of the representations set forth hereinabove and certifies that each of such representations is true, accurate and complete as of the date hereof. IN WITNESS WHEREOF, the Grantee has executed this Agreement as of the date below: Name of Grantee Organization (print): Signature: Name of Person Signing (print): Title of Person Signing (print): Date: DUNN D DUNN LINN All•AmaricaCity ;t,�d„,,, City 1 1 City Council agenda Fortes 1 ®_ eek Date:September ,, 2 I989'�2013 9 I999*26I3 SUBJECT TITLE: Consider Professional Services Agreement for State Revolving Fund Waterline Rehabilitation Project-Dunn/Erwin Road 14 Inch Water Line Abandonment and East Wake Street Water Line Improvements Presenter: Utilities Director Adams Department: Public Utilities Attachment: X Yes No Description: Request for Qualifications, Statement of Qualifications, & Professional Services Proposal Public Hearino Advertisement Date: PURPOSE: To consider a professional services proposal from WithersRavenel for engineering tasks as they relate to the State Revolving Funded project which encompasses the 14 inch water line abandonment along Dunn -Erwin Road and the upsizing of a waterline on E, Wake Street. BACKGROUND: The 14 -inch water line along Dunn -Erwin Rd, was originally installed in 1930's and was the main transmission line into Dunn before the 16 -inch and 24 -inch water lines were constructed. Several years ago the 14 -inch water line was abandoned from the Dunn Water Plant to the Black River Bridge on Dunn -Erwin Rd. However, the remaining section of 14" water line pipe is still active. The proposed project would begin near the intersection of Bruce Drive to just south of the intersection of S. Wayne Avenue and W, Cumberland Street. To mitigate the hazards associated with the age of the infrastructure and current alignment, the 14 -inch line would be abandoned and 6 -inch and 8 -inch pipe will be installed in order to serve the affected areas. The new lines will be installed within the City's right of way and therefore ongoing maintenance and repairs will be possible. The second part of the project abandons an existing 2 -inch water line along E. Wake from Carolina Drive to E. Johnson St. and replaces with a 6 -inch water line for the purpose of meeting current design standards and providing fire flow. This would also include installing fire hydrants on the new water line. At the August 13, 2019, Council Meeting, Council approved to move forward with a State Revolving Fund Loan for the purpose of abandoning the 14 inch water line and the upsizing of a 2 inch line on E. Wake Street. A Request for Qualifications for Professional Services was published in the Dunn Daily Record on the following date(s): July 29, 2019. BUDGET IMPACT: Engineering expenses will be incurred in fiscal years 2019-2020 and 2020-2021 and are reimbursable through the State Revolving Fund loan. RECOMMENDATION/ACTION REQUESTED: Staff recommends that Council approve the Professional Services Agreement with WithersRavenel and authorize City Manager Neuschafer to enter into a contract with WithersRavenel for professional services related to the engineering tasks associated with the abandonment of the Dunn -Erwin Road 14 inch water line and the upsizing of the water line on E. Wake Street. AFFP SRF RFQ -Affidavft of Publication STATE OF NC) SS COUNTY OF HARNETT ) The Undersigned, being duly sworn, says: That she is Representative of the The Dally Record, a weekly newspaper of general circulation, printed and published in Dunn, Harnett County, NC; that the publication, a copy of which Is attached hereto, was published In the said newspaper an the following dates: July 29, 2019 That said newspaper was regularly issued and circulated on those dates, SIGNED: q Rep11 resentative Subscribed to and sworn to me this 29th day of July 2019. `,,, 14161 a, lip 'MPRY p °'�, ` O�j�ywuHe�aurj.sys CL n, r l r C7Tn n;J NOTARV 0o pUBLIG "' My commission expires: July 23, 2022 '''1111111H1``, 00019175 00043990 CITY OF DUNN P.O. BOX 1065 DUNN, NO 28335 40 WithersRavenet V40 Our Peop4e. Your Success, August 23, 2019 City of Dunn 101 E. Cleveland Street Dunn, NC 28334 Attn: Heather Adams RE: WR Project 903190092 Engineering Services Agreement City of Dunn Erwin Rd Area 14 -inch WL Abandonment and East Wake St 2 -inch WL Project Dear Ms. Adams: WithersRavenel is pleased to provide this Agreement for Engineering Services to City of Dunn for the City of Dunn Erwin Rd Area 14 -inch WL Abandonment and East Wake St 2 -inch WL Project. If you have any questions or concerns about the agreement please do not hesitate to call me at the number listed below. Sincerely WithersRavenel 0a, (1. Rick Rudin, P.E. Project Manager 219 Station Road, Suite 1011 Wilmington, NC 28405 Office: 910.256.9277 1 Direct: 919.535.5181 Email: rrudin@withersravenel.com Attachments: Agreement for Professional Services 219 Station Road, Suite 1011 Wilmington, NC 28405 Office: 910.256.9277 1 Fax: 919.467.6008 ( www.withersravenel.corn ( License No. C-0832 Asheville I Cary I Greensboro I Pittsboro I Raleigh ( Wilmington 410 WithersRavenel NOOur People. Y.IV SI 1115. City of City of Dunn Erwin • • 14 -inch Abandonment Projectand East Wake St 2 -inch WL Agreement for Professional Services This AGREEMENT, the Standard Terms and Conditions (Exhibit 1), and Fee and Expense Schedule (Exhibit ll), are hereby included as part of the Agreement for Professional services dated between City of Dunn (CLIENT) and WithersRavenel, Inc. (CONSULTANT) for Professional Engineering Services to be rendered in connection with the City of Dunn Erwin Rd Area 14 -inch WL Abandonment and East Wake St 2 -inch WL Project (PROJECT). A. Project Description The first part of the PROJECT is to abandon approximately 4,000 LF of existing 14 -inch waterline in the City of Dunn from Erwin Road near the intersection with Bruce Drive to just south of the intersection of South Wayne Avenue with West Cumberland Street that runs under and near existing homes and businesses. The PROJECT will include design of approximately 1,000 LF of 6 - inch and 8 -inch waterline segments in order to serve areas that will be cut-off by abandoning the 14 -inch line. The second part of the PROJECT is to abandon approximately 1,100 LF of existing 2 -inch waterline along East Wake Street from Carolina Drive to East Johnson Street. The PROJECT will include design of a new 6 -inch waterline to replace the existing line to provide fire flow to the surrounding area. B. Scope of Services Task I _. Engineering Report (ER) and Environmental Information Documents (EID) Preparation A. CONSULTANT will attend one kickoff meeting/site visit with the CLIENT to discuss a general project approach and preparation of the ER/EID. B. CONSULTANT will review record drawings of the project areas and other information provided by the CLIENT relevant to the PROJECT. C. CONSULTANT will prepare the ER/EID in accordance with NCDEQ Division of Water Infrastructure (DWI) guidelines. The ER/EID will address the PROJECT as described in the "Project Description". D. CONSULTANT will submit a draft of the ER/EID to the CLIENT for review. The CONSULTANT will update the ER/EID based on review comments provided by the CLIENT. City of Dunn - City of Dunn Erwin Rd Area 14 -inch WL Abandonment WR Project No. 03190092.00 and East Wake St 2 -inch WL Project August 23, 2019 Page 2 40 WithersRavenei. Our Poople. Your Success. Task 2 - Land Surveying A. The CONSULTANT will utilize 811 and contact local utility owners to mark existing utilities. B. The CONSULTANT will perform a baseline survey along the PROJECT route to establish profile and location of all pertinent planimetric features and field markings provided by 811. The survey will be for an approximate 50 -foot corridor along the existing/proposed water main alignment. All surveys will be based on State Plane Coordinates and will be listed on plan sheets. Task 3 m Engineering Design A. CONSULTANT will prepare plans and specifications for the PROJECT, which includes the abandonment of the 14 -inch waterline from Erwin Road to Bruce drive and design of 6 - inch and 8 -inch waterline segments to re -connect existing homes/business in the vicinity. In addition, the abandonment of the 2 -inch waterline on East Wake Street and design of a new 6 -inch waterline in the same vicinity is included. The following subtasks will be completed by the CONSULTANT: 1. Design a. Prepare 60% Plans/Technical Specification Table of Contents, 90% Plans/Technical Specifications, and Final Plans/Technical Specifications for the PROJECT. The CLIENT will provide review comments at each stage. 60% Plans/Technical Specification Table of Contents: Plans will include a cover, general notes, plan/profile sheets, project -specific details and standard project details. I^ 90% Plans/Technical Specifications: Contract Documents reflecting review comments in the 60% stage from the CLIENT. ® Final Plans/Specifications: Contract Documents reflecting review comments in the 90% stage from the CLIENT. b. The CONSULTANT will attend one (1) review meeting after the 60% submittal and one (1) review meeting after the 90% submittal with the CLIENT. The CONSULTANT will prepare meeting summaries. B. Submittal to DWI a. Upon approval by the CLIENT, the CONSULTANT will submit final Plans/Technical Specifications to DWI for approval. b. The CONSULTANT will address and incorporate review comments from DWI and re- submit to DWI for final approval. C. Opinion of Construction Cost (OCC) a. The CONSULTANT will prepare and submit to the CLIENT OCC for the PROJECT based on the plans and specifications at the 60% and Final submittals. City of Dunn - City of Dunn Erwin Rd Area 14 -inch WL Abandonment WR Project No. 03190092.00 and East Wake St 2 -inch WL Project August 23, 2019 Page 3 40 WithersRavenel P4io Our People. Your Success. Task 4 - Permitting A. CONSULTANT will prepare and submit the required permits for construction of the PROJECT after approval of the Final Plans/Specifications by the CLIENT. The permits prepared and submitted by the CONSULTANT will include the following: a. NC Public Water Supply (PWS) b. NCDOT Encroachment Permits c. NC Division of Land Resources - Erosion and Sediment Control (if land area disturbed by the PROJECT is greater than 1 acre) Trask 5 - Bidding and Award A. Upon approval by NCDEQ DWI of the final design and authorization from the CLIENT, the CONSULTANT will perform Bidding and Award of the PROJECT, which will generally consist of the following subtasks: 1. Bid Advertisement a. The CONSULTANT will assist the CLIENT in advertising the PROJECT for competitive bids by posting plans and specifications on the CLIENT's website and in various online plan rooms. 2. Pre -Bid Meeting a. CONSULTANT will attend one (1) Pre -Bid Meeting with the CLIENT and prospective bidders and will provide a meeting summary. 3. Addressing Questions a. CONSULTANT will respond to all project -related questions through Addenda during the Bidding Phase. 4. Bid Opening a. CONSULTANT will attend the Bid Opening, tabulate all bids received, and evaluate all bids received and issue a recommendation to the CLIENT for the award of the contract with a Certified Bid Tab. CONSULTANT will screen the low bidder to verify experience, capability, and compliance with funding requirements. 5. Issued for Construction Documents a. CONSULTANT will revised the Construction Documents accordingly and provide Issued for Construction Documents to the CLINET. Tusk 6 - Loan Administration A. The CONSULTANT will provide the following PROJECT -related loan administration tasks: ® Attend the PROJECT kick-off meeting with DWI to review loan requirements I> Review all appropriate State guidelines applying to the PROJECT @ Complete paperwork including State assurances, progress reports, monitoring report forms, and others as required by DWI for the PROJECT City of Dunn - City of Dunn Erwin Rd Area 14 -inch WL Abandonment WR Project No. 03190092.00 and East Wake St 2 -inch WL Project August 23, 2019 Page 4 40 WithersRavenel NOOur People. Yoursu"c ,,. ® Advise the CLIENT as to any accountability requirements P Review certified payrolls for compliance with Davis Bacon wage determination approved for the PROJECT ® Assist the CLIENT's Finance Officer in completing reimbursement requests L Assist the CLIENT's Finance Officer in keeping necessary records W Assist the CLIENT's Finance Officer in close-out procedures and paperwork ® Act as a liaison between the CLINET and NCDEQ DWI C. Additional Services Services that are not included in Section B or are specifically excluded from this AGREEMENT shall be considered Additional Services. The CONSULTANT will furnish or obtain from others Additional Services if requested in writing by the CLIENT and accepted by the CONSULTANT. Additional Services shall be paid by the CLIENT in accordance with the Fee & Expense Schedule outlined in Exhibit II. ® Construction Observation and Administration Services f Additional surveying outside of the PROJECT area ® Environmental Services b Construction Staking/Surveying ® Materials Testing D. Client Responsibilities During the performance of the CONSULTANT's services under this AGREEMENT, the CLIENT will: ® Provide any information needed to complete the PROJECT not specifically addressed in the Scope of Services ® Provide all available information pertinent to the PROJECT, including any GIS information, reports, maps, drawings, and any other data relative to the PROJECT ® Examine all proposals, reports, sketches, estimates and other documents presented by the CONSULTANT and render in writing decisions pertaining thereto within a reasonable period so as not to delay the services of the CONSULTANT ® Give prompt written notice to the CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any defect in the PROJECT ® Pay all permit/review fees directly Handle matters requiring an attorney at law Any changes to the alternatives or PROJECT requirements after CONSULTANT has begun work may require additional fees. E. Compensation for Services A. Lump Sum Fee CONSULTANT proposes to provide the Scope of Services previously outlined on a lump sum fee basis as described in the following table. Compensation shall not exceed the total estimated compensation amount unless approved in writing by CLIENT. City of Dunn - City of Dunn Erwin Rd Area 14 -inch WL Abandonment WR Project No. 03190092.00 and East Wake St 2 -inch WL Project August 23, 2019 Page 5 40 INithersRavenel 40 Ou' p,q)1e. YaursucCe". 1. CONSULTANT may alter the distribution of compensation between individual phases noted herein to be consistent with services rendered but shall not exceed the total Lump Sum amount unless approved in writing by the CLIENT. 2. The Lump Sum includes compensation for CONSULTANT's services. Appropriate amounts have been incorporated in the Lump Sum to account for labor costs, overhead, profit, expenses and Consultant charges. 3. The portion of the Lump Sum amount billed for CONSULTANT's services will be based upon CONSULTANT's estimate of the percentage of the total services completed during the billing period. F. Timeline for Services The professional services described herein shall be completed and submitted within a timeframe mutually agreed upon between the CLIENT and CONSULTANT. CONSULTANT will meet all the following DWI SRF milestones: b ER/EID to DWI on or before the SRF deadline of December 2, 2019. 6 Bid and Design Package to DWI on or before the SRF deadline of November 20, 2020. I> Advertise Project, Receive Bids, Submit Bid Information and Receive Authority to Award to DWI on or before the SRF deadline on July 1, 2021, Executed Construction Contract to DWU on or before the SRF deadline on August 2, 2021. City of Dunn - City of Dunn Erwin Rd Area 14 -inch WL Abandonment WR Project No. 03190092.00 and East Wake St 2 -inch WL Project August 23, 2019 Page 6 Engineering Report (ER) and Environmental Information Documents (EID) Preparation $27,000 1, 2 Land Surveying $23,000 3 Engineering Design $72,000' 4 Permitting $3,000 5 Bidding and Award $4,000 6 Loan Administration $15,000 Total $144,000 1. CONSULTANT may alter the distribution of compensation between individual phases noted herein to be consistent with services rendered but shall not exceed the total Lump Sum amount unless approved in writing by the CLIENT. 2. The Lump Sum includes compensation for CONSULTANT's services. Appropriate amounts have been incorporated in the Lump Sum to account for labor costs, overhead, profit, expenses and Consultant charges. 3. The portion of the Lump Sum amount billed for CONSULTANT's services will be based upon CONSULTANT's estimate of the percentage of the total services completed during the billing period. F. Timeline for Services The professional services described herein shall be completed and submitted within a timeframe mutually agreed upon between the CLIENT and CONSULTANT. CONSULTANT will meet all the following DWI SRF milestones: b ER/EID to DWI on or before the SRF deadline of December 2, 2019. 6 Bid and Design Package to DWI on or before the SRF deadline of November 20, 2020. I> Advertise Project, Receive Bids, Submit Bid Information and Receive Authority to Award to DWI on or before the SRF deadline on July 1, 2021, Executed Construction Contract to DWU on or before the SRF deadline on August 2, 2021. City of Dunn - City of Dunn Erwin Rd Area 14 -inch WL Abandonment WR Project No. 03190092.00 and East Wake St 2 -inch WL Project August 23, 2019 Page 6 40 WithersRavenet VA0 Our People. Your S( .ccess. G. Acceptance Receipt of an executed copy of this agreement will serve as the written agreement between CONSULTANT and CLIENT for the services outlined. Submitted by CONSULTANT: WithersRavenel, Inc. 115 MacKenan Drive Cary, NC 27511 Audirfred Signature Accepted by CLIENT: City of Dunn 101 E. Cleveland Street Dunn, NC 28334 Authorized Signature Jeffrey J. Wing PE LEED AP Steven Neuschafer Printed Name Printed Name Vice President, Director - Utilities City Manager Title Title jwing@withersravenel.com sneuschafer adunn-nc.org Email Address Email Address 919.469.3340 910-230-3507 Phone Phone PREAUDIT STATEMENT: This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act INC G.S. 159-28(a)). Signature of Finance Officer: Printed Name: Date: Exhibit I - Standard Terms and Conditions Exhibit II - Fee & Expense Schedule City of Dunn - City of Dunn Etwin Rd Area 14 -inch WL Abandonment WR Project No. 03190092.00 and East Wake St 2 -inch WL Project August 23, 2019 Page 7 40 WithersRavenel Our People Your Success. EXIIIBIT Standard Terms and Conditions WithersRavenel, Inc. The proposal submitted by WithersRavenel, INC. ("CONSULTANT") is subject to the following terms and conditions (collectively referred to as the "Agreement") and, by accepting the proposal, the services, or any part thereof, the CLIENT agrees and accepts the terms and conditions outlined below: 1. Payment: a) The CLIENT will pay CONSULTANT for services and expenses in accordance with periodic invoices to CLIENT and a final invoice upon completion of the services. Each invoice is due and payable in full upon presentation to CLIENT. Invoices are past due after 30 days. Past due amounts are subject to interest at a rate of one and one-half percent per month (18% per annum) on the outstanding balance from the date of the invoice. b) If the CLIENT fails to make payment to the CONSULTANT within 45 days after the transmittal of an invoice, the CONSULTANT may, after giving 7 days written notice to the CLIENT, suspend services under this Agreement until all amounts due hereunder are paid in full. If an invoice remains unpaid after 90 days from invoice date, the CONSULTANT may terminate the Agreement and/or initiate legal proceedings to collect the fees owed, plus other reasonable expenses of collection including attorney's fees. 2. Notification of Breach or Default: The CLIENT shall provide prompt written notice to the CONSULTANT if CLIENT becomes aware of any breach, error, omission or inconsistency arising out of CONSULTANT's work or any other alleged breach of contract by the CONSULTANT. The failure of CLIENT to provide such written notice within ten (10) days from the time CLIENT became aware of the fault, defect, error, omission, inconsistency or breach, shall constitute a waiver by CLIENT of any and all claims against the CONSULTANT arising out of such fault, defect, error, omission, inconsistency or breach. Emails shall be considered adequate written notice for purposes of this Agreement. 3. Standard of Care: CONSULTANT shall perform Agreement for CLIENT in a professional manner, using that degree of care and skill ordinarily exercised by and consistent with the standards of professionals providing the same services in the same ora similar locality as the project. THERE ARE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE THAT WILL OR CAN ARISE OUT OF THE SERVICES PROVIDED BY CONSULTANT OR THIS AGREEMENT. 4. Waiver of Consequential Damages/Limitation of Liability: CLIENT agrees that CONSULTANT's aggregate liability tar any and all claims that may be asserted by CLIENT is limited to $50,000 or to the fee paid to CONSULTANT under this Agreement, whichever is greater. Both CLIENT and CONSULTANT hereby waive any right to pursue claims for consequential damages against one another, including any claims for lost profits. 5. Representations of CLIENT: CLIENT warrants and covenants that sufficient funds are available or will be available upon receipt of CONSULTANT's invoice to make payment in full for the services rendered by CONSULTANT, and that such payments shall be made in a timely fashion. 6. Ownership of Instruments of Service: All reports, plans, specifications, field data and notes and other documents, including all documents on electronic media, prepared by the CONSULTANT as instrument of service, shall remain the property of the CONSULTANT. The CONSULTANT shall retain all common law, statutory and other rights, including the copyright thereto, In the event of termination of this Agreement and upon full payment of fees owed to CONSULTANT, CONSULTANT shall make available to CLIENT copies of all plans and specifications. 7. Change Orders: CONSULTANT will treat as a change order any written or oral order (including directions, instructions, interpretations or determinations) from CLIENT which request changes in the Agreement or CONSULTANT's scope of work. CONSULTANT will give CLIENT written notice within ten (10) days of a Change Order of any resulting increase in CONSULTANT's fees. 8. Opinion of Cost/Cost Estimates: Since the CONSULTANT has no control over the cost of labor, materials, equipment of services furnished by others, or over methods of determining prices, or over competitive bidding or market conditions, any and all opinions as to costs rendered hereunder, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and qualifications and represent its bestjudgment as an experienced and qualified professional familiar with the construction industry; but the CONSULTANT cannot and does not guarantee the proposals, bids or actual costs and will not vary significantly from opinions of probable costs prepared by it. If at any time the CLIENT wishes greater assurances as to the amount of any costs, he shall employ an independent cost estimator to make such determination. 9. Assignment and Third Parties: Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the CLIENT and CONSULTANT, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the CLIENT and the CONSULTANT and not for the benefit of any other party. Neither the CLIENT nor the CONSULTANT shall assign, sublet, or transfer any rights under or interests in this Agreement without the written consent of the other which shall not be unreasonably withheld. However, nothing contained herein shall prevent or restrict the CONSULTANT from employing independent subconsultants as the CONSULTANT may deem appropriate to assist in the performance of services hereunder. 10. Project Site: Should CLIENT not be owner of the project site, then CLIENT agrees to notify the site owner of the possibility of unavoidable alteration and damage to the site. CLIENT further agrees to indemnify, defend and hold CONSULTANT harmless against any claims by the CLIENT or persons having possession of the site through the Owner which are related to such alteration or damage. 11. Access to Site: CLIENT is responsible for providing legal and unencumbered access to site, including securing all necessary site access agreements or easements, to the extent necessary for the CONSULTANT to carry out his services. 12. Survival: All of CLIENT's obligations and liabilities, including but not limited to, its indemnification obligations and limitations, and CONSULTANT's rights and remedies with respect thereto, shall survive completion of the expiration or termination of this Agreement, 13. Termination: Either party may terminate the Agreement with or without cause upon ten (10) days advance written notice, if the other party has not cured or taken reasonable steps to cure the breach giving rise to termination within the ten (10) day notice period. If CLIENT terminates without cause or if CONSULTANT terminates for cause, CLIENT will pay CONSULTANT for all costs incurred, non -cancelable commitments, and fees earned to the date of termination and through demobilization, including any cancellation charges of vendors and subcontractors, as well as demobilization costs. WithersRavenel, Inc. Standard Terms & Conditions Page 1 Effective September 25, 2017 40 blithe sRave el NOOur People. Your Suess. 14, Severability: If any provision of this Agreement, or application thereof to any person or circumstance, is found to be invalid then such provision shall be modified if possible, to fulfill the intent of the parties as reflected in the original provision, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and each provision of this Agreement shall be valid and enforced to the fullest extent permitted by the law. 15. No Waiver: No waiver by either party of any default by the other party in the performance of any provision of this Agreement shall operate as or be construed as a waiver of any future default, whether like or difference in character. 16. Merger, Amendment: This Agreement constitutes the entire Agreement between the CONSULTANT and the CLIENT and all integrated negotiations, written and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the CONSULTANT and the CLIENT 17. Unforeseen Occurrences: If, during the performance of services hereunder, any unforeseen hazardous substance, material, element of constituent or other unforeseen conditions or occurrences are encountered which, affects or may affect the services, the risk involved in providing the service, or the recommended scope of services, CONSULTANT will promptly notify CLIENT thereof. Subsequent to that notification, CONSULTANT may: (a) if practicable, in CONSULTANT's sole judgment and with approval of CLIENT, complete the original scope of services in accordance with the procedures originally intended in the Proposal; (b) Agree with CLIENT to modify the scope of services and the estimate of charges to include study of the previously unforeseen conditions or occurrences, such revision to be in writing and signed by the parties and incorporated herein; or (c) Terminate the services effective on the date of notification pursuant to the terms of the Agreement. 18. Force Majeure: Should completion of any portion of the Agreement be delayed for causes beyond the control of or without the fault or negligence of CONSULTANT, including force majeure, the reasonable time for performance shall be extended for a period at least equal to the delay and the parties shall mutually agree on the terms and conditions upon which Agreement may be continued. Force majeure includes but is not restricted to acts of God, acts or failures of governmental authorities, acts of CLIENT's contractors or agents, fire, floods, epidemics, riots, quarantine restrictions, strikes, civil insurrections, freight embargoes, and unusually severe weather. 19. Safety: CONSULTANT is not responsible for site safety or compliance with the Occupational Safety and Health Act of 1970 ("OSHA"). Job site safety remains the sole exclusive responsibility of CLIENT or CLIENT's contractors, except with respect to CONSULTANT'S own employees. Likewise, CONSULTANT shall have no right to direct or stop the work of CLIENT's contractors, agents or employees. 20. Dispute Resolution/Arbitration: Any claim or other dispute arising out of or related to this Agreement shall be subject to Arbitration under the Federal Arbitration Act. Such claims and disputes shall first be subject to non-binding mediation, and if mediation is unsuccessful, shall be subject to Arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. Any demand for Arbitration shall be filed in writing with the other party and with the American Arbitration Association, 21. Independent Contractor: In carrying out its obligations, CONSULTANT shall be acting at all times as an independent contractor and not an employee, agent, partner or joint venturer of CLIENT. CONSULTANT's work does not include any supervision or direction of the work of other contractors, their employees or agents, and CONSULTANT's presence shall in no way create any liability on behalf of CONSULTANT for failure of other contractors, their employees or agents to properly or correctly perform their work 22. Hazardous Substances: CLIENT agrees to advise CONSULTANT upon execution of this Agreement of any hazardous substances or any condition existing in, on or near the Project Site presenting a potential danger to human health, the environment or equipment. By virtue of entering into the Agreement or of providing services, CONSULTANT does not assume control of, or responsibility for, the Project Site or the person in charge of the Project Site or undertake responsibility for reporting to any federal, state or local public agencies, any conditions at the project site that may present a potential danger to the public, health, safety or environment except where required of CONSULTANT by law. In the event CONSULTANT encounters hazardous or toxic substances or contamination significantly beyond that originally represented by CLIENT, CONSULTANT may suspend or terminate the Agreement. CLIENT acknowledges that CONSULTANT has no responsibility as a generator, treater, storer, or disposer of hazardous or toxic substances found or identified at a site and CLIENT agrees to defend, indemnify, and hold harmless CONSULTANT, from any claim or liability, arising out of CONSULTANT's performance of work under the Agreement and made or brought against CONSULTANT for any actual or threatened environmental pollution or contamination except to the extent that CONSULTANT has negligently caused such pollution or contamination. 23. Choice of Law: The validity, interpretation, and performance of this Agreement shall be governed by and construed in accordance with the law of the State of North Carolina, excluding only its conflicts of laws principles. 24. Construction Services: If construction administration and review services are requested by the CLIENT, CLIENT agrees that such administration, review, or interpretation of construction work or documents by CONSULTANT shall not relieve any contractor from liability in regard to its duty to comply with the engineering standards for the Project, and shall not give rise to a claim against a contractor's failure to hold in accordance with the applicable plans, specifications or standards. 25. Field Representative: If CONSULTANT provides field services or construction observation services, the presence of the CONSULTANT's field personnel will only be for the purpose of providing observation and field testing of specific aspects of the Project. Should a contractor be involved in the Project, the CONSULTANT's responsibility does not include the supervision or direction of the actual work of any contractor, its employees or agents. All contractors should be so advised. Contractors should also be informed that neither the presence of the CONSULTANT's field representative nor the observation and testing by the CONSULTANT shall excuse contractor in any way for defects in contractor's work. It is agreed that the CONSULTANT will not be responsible for job or site safety on the Project and that the CONSULTANT does not have the right to stop the work of any contractor. 26. Submittals: CONSULTANT's review of shop drawings and other submittals is to determine conformity with the design concept only. Review of shop drawings and submittals does not include means, methods, techniques or procedures of construction, including but not limited to, safety requirements. WithersRavenel, Inc. Standard Terms & Conditions Page 2 Effective September 25, 2017 410 WithersRavenel PAPOur People. Your Success. Engineers I Planners I Surveyors EXHIBIT II Fee & Expense Schedule e FT3.'' P - 0 0 Principal OEM� ' 195 Principal i3 $ 200 Senior Technical Consultant $ 185 Senior Project Manager $ 170 Project Manager $ 155 Assistant Project Manager $ 135 Project Coordinator $ 95 Senior Staff Professional $ 155 Staff Professional IV $ 130 Staff Professional III $ 120 Staff Professional II $ 110 Staff Professional 1 $ 95 Senior Designer $ 135 Designer It $ 115 Designer $ 105 Senior CAD Technician $ 110 CAD Technician 11 $ 95 CAD Technician) $ 85 Senior land Planner $ 120 Land Planner II $ 110 Land Planner 1 $ 100 Planning Technician $ 90 Senior Construction Manager $ 150 Construction Manager 11 $ 130 Construction Manager $ 120 Senior Resident Project Representative $ 110 Resident Project Representative II $ 100 Resident Project Representative 1 $ 95 Administrative Assistant l $ 65 Bond Prints (Per Sheet) $1.75 Mylar Prints (Per Sheet) $11.00 Mileage Per IRS Delivery- Project Specific (Distance & Priority) Subcontractor Feos(Markup) 1 115 Expenses/Refund./ Permits (Markup) 1 1.15 Engineers I Planners I Surveyors EXHIBIT II Fee & Expense Schedule e FT3.'' P - 0 0 Principal $ ' 195 Senior Technical Consultant $ 180 Geomatics Senior Manager $ 170 Geomatics Project Manager 11 (SR PM) $ 140 Geomatics Project Manager I T-13-0 150 Geomatics Project Professional II $ 135 Geomatics Project Professional 1 $ 120 Geomatics CAD III $ 105 Geomatics CAD 11 $ 90 Geomatics CAD 1 $ 70 Geomatics GIS Specialist $ 115 Geomatics GIS Tech III $ 100 Geomatics GIS Tech 11 $ 85 Geomatics GIS Tech l $ 70 Geomatics Remote Sensing Crew (2 Man) $ 250 Geomatics Remote Sensing Crew (1 Man) $ 175 Geomatics Survey Crew 111 (3 Man) $ 195 Geomatics Survey Crew II (2 Man) $ 155 Geomatics Survey Crew I (1 Man) $ 130 Geomatics Survey Tech IV $ 100 Geomatics Survey Tech ill $ 90 Geomatics Survey Tech 11 $ 65 Geomatics Survey Tech l $ 40 spy' Office Administrator 111 $ 95 Office Administrator 11 $ 90 Office Administrator l $ 85 Administrative Assistant 111 $ 80 Administrative Assistant 11 $ 70 Administrative Assistant l $ 65 ffiffiffl-�Nm Principal $ 195 Senior Technical Consultant $ 180 Environmental Project Professional V $ 165 Environmental Project Professional IV $ 150 Environmental Project Professional If $ 135 Environmental Project Professional II $ 125 Environmental Project Professional 1 $ 115 Environmental Staff Professional III $ 110 Environmental Staff Professional It $ 100 Environmental Staff Professional 1 $ 90 Environmental Technician 11 $ 85 Environmental Technician 1 $ 70 Senior Biologist/Wetlands Scientist $ 140 Biologist/Wetlands Scientist 111 $ 120 Biologist/Wetlands Scientist If $ 110 Biologist/Wetlands Scientist 1 $ 100 Senior Hydrogeolotest $ 160 Project Geologist it (Sr. Pro]. Geologist) $ 135 Project Geologist 1 $ 115 Staff Geologist II $ 105 Staff Geologist 1 $ 95 qe•.' WR Martin Principal Consultant $ 160 WR Martin Senior Project Manager II $ 130 WR Martin Senior Project Manager $ 125 WR Martin Project Manager II $ 110 WR Martin Project Manager $ 100 WR Martin Project Consultant 11 $ 95 WR Martin Project Consultant I $ 85 Effective January 1, 2019 - Schedule is subject to change 40 WithersRavenel VAPOur Peopte. Your success. August 19, 2019 Tammy Williams, City Clerk City of Dunn 401 East Broad Street Dunn, North Carolina 28335 Subject: Mater Distribution Rehabilitation Project - DWSRF Dear Ms. Williams, In response to the C ityof Dunn's recent Request for Qualifications for a Water Distribution RehabiIitation Project, WithersRavenel is pleased to submit our enclosed proposal in support of the City. Based on our experience with State Revolving Fund (SRF) programs and our successful work with the City on the grant application, the WithersRavenel (formerly WR -Martin) funding team is well-equipped to assist the City with this vital utility rehabilitation project. By choosing Withers Ravenel, the City can expect the following benefits on this project © An experienced teirn prepared to serve as an extension of the City. WithersRaverel has extensive experience with water rehabilitation and replacement projects. Our project staff includes talented and experienced personnel to take this project across the finish line. From initial field data collection through design and construction observation and administration, we will leverage technology and knowledge to execute your desired scope of services. N cost-effective services arising frorn process efficiencies. Our team's familiarity with water distribution and rehabilitation projects of this kind will enable us to complete the work without overextending the budget or schedule. Our references will attest that we deliver timely, cost-effective, and quality professional services time after time. ® Funding assistance and administration. We have a dedicated group, wholly specialized and focused on identifying, positioning, facilitating and applying for low-cost/no-cost funds on behalf of our clients and then providing the necessary administrative oversight to comply with each funding agency's special requirements. Members of our funding team have secured more than $584 million for public clients since 1988. Specifically, Senior Funding Manager Seth Robertson, PE, is our N.C. Division of Water infrastructure (NCDWl) funding program expert, waith more than 10 years of experience with the. NCDWB, the bast `rouryears leading the SRF section. His expertise with the funding agency and its requirements will be invaluable to the City. N Familiarity with the City. In addition to submitting the grant application for this project, we have also worked with the City of Dunn through the Water and Sewer Asset Inventory and Assessment (AIA) program, among other projects. Our famil iarity with the City and its staff will yield benefits and efficiencies. We invite you to review our enclosed qualifications, and, should you have any questions, please do not hesitate to contact me at (910) 256-9277 or rrtldin@withersravenel.com. We look forward to continuing to work with the City. Sincerely, Rick Rudin, PE Project Manager 115 MacKenan Drive, Cary, NC 27511 t: 919.469.3340 1 www.withersravenel.coni I license No. C-0832 Asheville I Cary I Greensboro I Pittsboro I Raleigh I Wilmington 410 WithersRavenel Our Peopte. Your Success. CONTACT Rick Rudin, PE // Project Manager rrudin@withersravenel.com Eddie Staley, GISP // Client Officer estaley@withersraveneLcom 115 MacKenan Drive Cary, NC 27511 phone: 919.469.3340 www.withersravenel.com LOCATION OF OFFICES WithersRavenel is headquartered in Cary and maintains five branch locations, including: ® Asheville ® Greensboro ® Raleigh ® Pittsboro ® Wilmington This project will be performed from our Cary and Wilmington offices. PROGRAM OF SERVICES Our unparalleled team of engineers, planners, and surveyors will bring your project from start to finish with excellence. We have team members who specialize in local government projects. f Utilities F Construction Administration ® Geomatics, Surveying, and GIS ® Land Planning&Development � Funding Applications and Administration ® Stormwater L Environmental OUR PEOPLE. YOUR SUCCESS. WithersRavenel has helped 50 + numerous utilities across miles of the state address their WATEPXO utility infrastructure needs andWASTEWAT ER and provide construction utility piping oversight. Whether evaluating potential alternatives for rehabilitation or extensions, forecasting system demands, developing hydraulic models, assessing infrastructure conditions, performing flow and pressure testing, completing pump station designs, or generating water and sewer system mapping and inventory databases, WithersRavenel has the necessary experience to successfully complete your project. HISTORY OF THE FIRM Founded in October 1983 as Withers & Ravenel, Inc., WithersRavenel is now an Employee Stock Ownership Plan (ESOP) company equipped with 35 years of serving a wide array of clients and projects through innovative and cost-effective engineering solutions across North Carolina. Our more than 240 employee -owners excel at providing consulting services. SUBCONSULTANT: GEOTECHNICAL ENGINEERING ECS Carolinas, LLP is a premier provider of geotechnical engineering, construction materials testing, environmental consulting and facilities engineering services across the Carolinas, Tennessee, Georgia and Alabama, With more than 430 employees and over 27 years of experience, ECS is equipped to help projects from conception through conservation for both the private and public sectors. WithersRavenel // Water Distribution Rehahilitation Project - DWSRF // City of Dunn 13 D // General Wastewater and Sewer Engineering Experience 11 iijgjjq� 1111111 111111 11 9 0 R111, 1111111 1 Ila Scope of Services White Oak Creek Infrastructure Apex, NC • • • • • • Lynwood Lakes Water and Sewer Greensboro, NC • • + Town of China Grove Water Main Extension China Grove, NC • • o • • e Martin Pond Road Water Main Extension Raleigh, NC ® • • • • Deer Creek Offsite Utilities Apex, NC • • • YMCA Camp Kanata Wake Forest, NC • • • • • Church Road Water Main Extension Apex, NC • • • • • CDBG Water Line Replacement Dublin, NC • • ®- ® • Rougemont Water System Rougemont, NC • • • • • • • Nature Trail MHP Water Main Replacement Chatham County, NC • • • • • WithersRavenel // Witer Distribudion Rehabilitation Project - DWSRF // City of Dunn 3 WithersRavenel has assisted numerous utilities across the state in addressing deficiencies in their existing utility systems through repair or rehabilitation methods, hydraulic analysis, demand projections, flow modeling, condition assessment, alternative analysis, permitting assistance, preparation of contract documents, construction contract administration, and resident project representative services. Water + Sewer Improvements City of Clinton, NC tact d, PE, City Engineer 4905 ofclintonnc.us rurce evance & Sewer' a .tui e lu VU>U VGUU1I WithersRavenel has provided engineering services for design, surveying, easements, permitting, bidding, stakeholder and grant coordination, and construction administration/observation services for the following water and sewer installations: P Water System Infrastructure Improvements: Replacement of 8,000 LF of existing old and undersized water lines throughout older sections of the city with new 6 -inch water lines. > Eliza Lane Water, Sewer, and Streets: Installation of 2,055 LF of 6 -inch water line, 1,590 LF of 8 -inch gravity sewer, 930 LF of 4 -inch force main and 80 GPM lift station, and 2,100 LF of street and drainage repairs to serve existing low -to - moderate income housing areas and eliminate failing septic tanks, wells, or undersized water lines and failing street systems. ® Smith Street Drainage Basin I&I Study: WithersRavenel performed a study of inflow and infiltration in a particular area of town. Services included CCN and NASSCO assessment of approximately 3,000 LF of 8, 10, and 12 -inch gravity sewer pipelines and a desktop analysis of the pump station using runtimes compared to daily rainfall and generally accepted sanitary sewer flow rates. The project resulted in the further pursuit of manhole rehabilitation projects. k Pugh Road Water and Sewer: Installation of 1,510 LF of 8 -inch water line and 680 LF of 8 -inch gravity sewer. ® Russell Street Water and Sewer: Installation of 1,900 LF of 6 -inch water line and 1,730 LF of 8 -inch gravity sewer. 9 Pugh Road Pump Station: Construction of a 180 GPM pump station, 3,600 LF of 6 -inch force main, and 2,600 LF of 8 -inch gravity sewer. WithersRavenel // Water Distribution Rehabilitation Project - DWSRF // City of Dunn E // Recent Projects Water & Sewer Improvements City of Sonford/Lee County, NC Hawkins Avenue Water Main Extension The Hawkins Avenue water line extension project consists of approximately 4.5 miles of 16 -inch waterline in a dense residential, commercial, and industrial corridor from downtown Weatherspoon Street to Deep River Road along Hawkins Avenue/US 15-501 before connecting to the Colon Road elevated water tank. The purpose of this project is to parallel Client Contact Paul Weeks, PE Engineer, City of Sanford (919) 777-1119 paul.weeks@sanfordnc.net Funding Source f 'focal Project Relevance ® Design Phase Services h Surveying ® Permitting existing water mains with the larger main to increase hydraulic capacity to an industrial site and provide additional capacity for the City to serve their interconnection with the Chatham County water system. Withers Ravenel completed design surveys for a 6 -mile alignment for a proposed waterline along Hawkins Avenue. Property boundaries were surveyed along the project alignment for future easement acquisitions. This project involved several unique design challenges to accommodate various dynamic objectives within the City of Sanford. For example, a section of the pipeline in the middle of the alignment had an accelerated schedule as a result of an NCDOT project that was about to begin construction when the design for this project was starting. Additionally, for this section in particular, multiple existing pipelines were combined to result in a larger diameter pipe through this area based on hydraulic modeling. Central Carolina Enterprise Park Sewer Improvements This project consists of approximately 8,500 LF of 8 -inch and 12 -inch gravity sewer that connected to an existing 12 -inch gravity sewer collection system near the intersection of US 1 North. These improvements traveled along three tributaries of the Gum Fork Creek to Clyde Rhyne Drive with guaranteed bores under the NCDOT right-of-way with 16 -inch jack and bores. This project included wetland delineations, NCDOT encroachment coordination and regulatory permitting for gravity sewer systems, erosion control and USACE. Clyde Rhyne Drive Industrial Park Water Main Extension This project consists of 8,200 LF of 16 -inch water inside the NCDOT right-of-way of Clyde Rhyne Drive, with two NCDOT crossings under Clyde Rhyne Drive, and Womack Road with 30 -inch jack and bores. The surveying for this project was performed by unmanned aircraft system (UAS) and required close coordination with NCDOT for the installation of the water line inside the existing right-of-way along with regulatory permitting for water systems, erosion control and USACE. WithersRavenel // Water Distribution Rehabiliti ion Project DWSRF // City of Dunn E // Recent Projects Water Main Replacement (2M) Town of Cary, NC In downtown Cary, the majority of the original water system consists of asbestos cement (AC) mains, some of which are more than 50 years old. Due to the age of the pipes and the potential health risks posed by AC, the Town desired to replace approximately 14,100 LF of AC pipe with ductile iron pipe at 11 sites. The existing 4, 6, and 8 -inch pipes will he replaced with 6,8 and 12 -inch pipes to preserve or increase capacity as needed. Led by Project Manager Rick Rodin, WithersRavenel is providing field surveying, construction plans and specifications, traffic control plans, NCDOT and NCDEQ permitting, bidding services, and construction administration/observation services for the project. Subsurface Utility Engineering (SUE) played a significant role in the project because AC pipe is non-conductive and must be located using ground penetrating radar (GPR). WithersRavenel // Witer Distribution Rehabilitation Project DWSRF // City of Dunn Client Contact Alex Lopez, PE, Utility Engineer (919) 469-7817 alex.lopez@townofcary.org Funding Source V Local Project Relevance F Water Main Design Phase Services t Residential Neighborhood t Survey Services 4 Bid Phase Services Construction Phase Services GRANTS AND LOAN APPLICATION AND ADMINISTRATION WithersRavenel is unique in that we have a dedicated team of funding specialists who are focused on assisting clients with funding identification; application and administration services; and oversight and management to ensure your project is in t �on compliance with specific funding agency requirements. Our team includes staff who in PUBLIC FUNDING for have managed projects with complex funding requirements, including navigating veru ent Chaits the various compliance requirements for each program, managing multiple deadlines, and coordinating with multiple individuals at the agency level. We are familiar with many state and federal initiatives, such as SRF, CDBG, Golden Leaf, and we have worked closely with the state of North Carolina's Department of Commerce and with NCDEQ. Below are examples of grants we have successfully applied for and administered for municipalities across North Carolina. Community Development Block Grant (Infrastructure, Economic 26 Development, Catalyst, etc.) $39,509,549 Asset Inventory & Assessment Grants 31 $4,032,000 Clean Water Mgt, Trust Fund (CWMTF) 24 $40,301,917 Park & Recreation Trust Fund 22 $8,736,303 SRF Grants & Loans -'Water 45 $134,992,488 SRF Grants & Loans- Sewer 49 $155,336,155 Economic Infrastructure (Rural Center) 6 $2,284,255 Clean Water Partners (Rural Center) 48 $15,926,001 Rural Center Misc. (Planning) 6 $273,500 High Unit Cost New 2014 1 $800,000 TAG ".9 $415,000 USDA 17 $34,375,235 ARRA-Water 8 $8,015;173 ARRA-Sewer 6 $6,155,096 ARRA Stormwater 2 $930,902 ARRA-Fire Station Constr. 1 $2,008,515 Flood Mitigation Projects 9 $13,178,356 Other (EDA, STAG, ARC, DOT, GL) 9 $1,749,931 As ofAugust 2019 WithersRavenel // Water Distribution Rehabilitation Project- DWSRF //City of Dunn 11 F // Project Personnel The WithersRavenel team has built a strong work ethic withal I of the selected team members for this project. Having worked together on dozens of projects, our diverse skill set and collaborative project approach will allow us to handle any obstacle that is placed in front of us, allowing us to effectively meet project objectives and deadlines. We are excited about the potential of working with the City of Dunn on this project, and are ready to assist you by helping increase the reliability and design life of your project. Each of our team members were �nrofidhi coIarfod fn nrrniido WITRU997M® Eddie Staley, GISP As your Client Officer, Mr. Staleywill act as a liaison between the City of Dunn and your Project Manager, Rick Rudin, PE, ensuring that as a team we are continually maintaining the highest standards of service and quality. He will have check -ins with the Cityto ensure all project milestones are met and to address any concerns or questions the City may have. WithersRavenel // Wafer Distribution Rehabilitation Project DWSRF // City of Dunn ElF // Project Personnel RICK{ RUOIN, PE PROJECT MANAGER Mr. Rudin specializes in water distribution systems, utility rehabilitation, pump stations, and transmission pipelines. His expertise includes the design and construction of water main replacements/extension, pump stations and control valve applications. He has worked on multiple large-scale transmission pipelines from preliminary design through construction. EDUCATION BS., Civil Engineering, University of Texas PROFESSIONAL REGISTRATION Professional Engineer: NC, #042739 EXPERIENCE V Water Main Replacement (2018), Town of Cary, NC. Project Manager Asset Inventory & Assessment Grant, City of Dunn, NC. Project Manager ® Lee County Industrial Park Water & Gravity Sewer, City of Sanford, NC. Project Manager KYLE POHLE, EI STAFF PROFESSIONAL Mr. Pohle has experience in pump station design and analysis, construction administration for various water and 7t, 90 -law wastewater distribution projects, development of technical specifications, project cost estimation, as well as composition of a variety of state - required permits. He also has hands-on experience in drinking water treatment, sample collection, and testing. Mr. Pohle is involved in AWWA and NCRWA and regularly presents on the design and challenges associated with sewage lift stations. EDUCATION M.S., B.S. Environmental Engineering, Clemson University PROFESSIONAL REGISTRATION Engineer in Training; NASSCO-certified EXPERIENCE P Asset Inventory & Assessment Grant, City of Dunn, NC. Staff Professional I, Lee County Industrial Park Water & Gravity Sewer, City of Sanford, NC. Staff Professional MICHAEL WICKER, PE TECHNICAL ADVISOR Mr. Wicker specializes in water and wastewater systems planning, design, and operation. Aformer NCDEQ employee of 17 years, he is well versed in the regulatory permitting process and is familiar with the financing opportunities available for utility projects. While working in the private sector, he has served as Engineer of Record for many municipal utility projects. EDUCATION MCE, MPA, B.S., Civil Engineering, NC State University PROFESSIONAL REGISTRATION Professional Engineer: NC, #011325 EXPERIENCE P Water and Sewer Projects, City of Clinton, NC. Project Manager ® Hawkins Avenue/US 15-501 Water Main Extension, City of Sanford, NC. Project Engineer K Persimmon Creek Gravity Sewer, City of Sanford, NC. Project Manager JEFFREY J. WING, PE, LEED AP QA1QC Mr. Wing, WithersRavenel Director of Utilities, has experience providing detailed design and coordinating approvals for water mains, gravity sewer mains, force mains, and pump stations for various municipal, residential, commercial, and industrial projects. He has reviewed water, sewer, and stormwater construction plans and coordinated with regulatory agencies regarding permitting and project documentation. He also has construction administration experience. EDUCATION M.S., Environmental Policy and Management, University of Denver; B.S., Civil Engineering, University of Alaska PROFESSIONAL REGISTRATION Professional Engineer: NC, #030056; LEED Accredited EXPERIENCE f Water Main Replacement (2018), Town of Cary, NC. QA/QC ® Hawkins Avenue Water Main Extension, City of Sanford, NC. QA/QC WithersRavenel // Water Distribution RehalAiiation Project - DWSRF // City of Dunn 9 ElF // Project Personnel ANDY JOHNSON CONSTRUCTION OBSERVATION Mr. Johnson specializes in construction supervision, project management, and q� construction observation. He oversees observation services during the construction of the project and keeps a log of construction activities, including digital photographs. He also acts as a liaison between the contractor and client and the contractor and WithersRavenel. Prior to working for WithersRavenel, Mr. Johnson served for 30 years as the Engineering Field Services Manager forthe Town of Cary. EDUCATION A.A.S., Civil Engineering, Wake Technical Community College EXPERIENCE P Water Main Replacement (2018-2019), Town of Cary, NC. Manager/Supervisor of Construction Observers and Resident Project Representatives f Water and Sewer Projects, City of Clinton, NC. Construction Administrator SETH ROBERTSON, PE SENIOR FUNDING MANAGER Mr. Robertson has more than 20 years of progressive engineering and management experience which includes more than 10 years with the N.C. Division of Water Infrastructure, the last four years leading the SRF section. He has experience in process design, remediation engineering, project and program management, environmental permitting, state and federal funding program administration, asset management, and client services. EDUCATION B.S., Environmental Engineering, N.C. State University PROFESSIONAL REGISTRATION Professional Engineer: NC, #018154 EXPERIENCE ® DWSRF Application Simon and Sunset Street, Town of Pilot Mountain, NC. Senior Director ® SRFApplicadon, City of Hickory, NC. Senior Director V DWI Stream Restoration Funding Application, Town of Biltmore Forest, NC. Senior Director It]MARSHALL WIGHT, PLS CONVENTIONAL SURVEY Mr. Wight is a surveyor and survey project manager with a background in conventional and GPS field procedures, research, and data processing. He performs boundary topographic surveys; bathymetric surveys; boundary resolution; as -built; monitoring; planimetric and topographic mapping, recombination, right- of-way dedication, and easement mapping. EDUCATION B.S., Agriculture Environmental Technology, North Carolina State University PROFESSIONAL REGISTRATION Professional Land Surveyor: #L-5034 EXPERIENCE ® Water Main Replacement (2018-2019), Town of Cary, NC. Survey Manager � On -Call Surveying Services, Town of Cary, NC. Project Manager JONATHAN NICHOLS SUBSURFACE UTILITY ENGINEERING Mr. Nichols serves as the SUE Manager and is responsible for operations and manpower allocation. With morethan eight years of experience, he has used a wide range of geophysical equipment to solve complex geophysical and utility mapping problems. He has performed and managed numerous SUE and geophysical investigations for a wide range of clients, including the Department of Defense, state departments of transportation, municipalities, industries, airports, power utilities, environmental and geotechnical firms, and railroads. EDUCATION B.S., Business Administration, Barton College EXPERIENCE & Water Main Replacement (2018), Town of Cary, NC. Field Project Manager ® Hawkins Avenue/US 15-501 Water Main Extension, City of Sanford, NC. Field Project Manager WithersRavenel // Wafer Distribution Rehabilitation Project - DWSRF // City of Dunn 10 .1 W-1 I U""' NN All -America 914 — it, "f 4"nAll-America City jr 1111.1f Tg �September b. 0 q 1989 * 2013 1989 * 2013 SUBJECT TITLE: usbA Loan Application Departments and Police Vehicles Presenter: James 0. Roberts Department: Finance Attachment: XYes No Public Hearinq Advertisement Date: Description: Vehicle/Equipment List PURPOSE: The City request the Council to secure two loans from the United States Department of Agriculture, Rural Development for the purchase of equipment for the Water and Sewer department, enterprise fund, and for the City of Dunn Departments of Public Works, Recreation, and Police Departments. The equipment included in these loans will be for: Tractor, Excavator, Generator, two trucks, and a trailer for the Water Department. Equipment for the City includes: two mowers, leaf collection equipment, and a bunker and field rake. BACKGROUND: The Budget process involved the listing and approval of equipment from all areas above, Public Works, Recreation, Police, and Water/Sewer Departments, to improve or replace existing equipment for use by the City and these departments. We have contacted local banks and compared rates and years of repayment and recommend the use of the USDA for thee loans both with a fixed rate of 3.5% for 10 years for Water/Sewer equipment and 7 years for the other vehicles and equipment. The approximate total funding for these loans combined is $465,000 and repayments will be made through funds available within our current budget. BUDGET IMPACT: The total loans combined will be approximately $465,000 with a repayment of $65,950 per year for the first seven years and then $25,630 for the next three years. This payment is within our budget limits and will be funded through our current income and expense budget process. RECOMMENDATION/ACTION REQUESTED: Motion to approve for the Finance Office to work with the USDA and proceed with the loan process. Equipment for City of Dunn Water/Sewer Tractor Excavator Generator Truck Truck Trailer Taxes, shipping, Delivery Total for Enterprise Fund Public Works Leaf Vacuum Leaf Box freight Mower Parks and Recreation Mower Bunker and Field Rake 1200A Police Cars Video Cameras Thermal printers Shipping Delivery Total for City $ 27,799.84 $ 53,552.00 $ 53,076.52 $ 25,600.00 $ 40,481.00 $ 7,191.00 $ 8,017.08 $ 215,717.44 $ 68,824.00 $ 5,885.00 $ 1,500.00 $ 5,134.93 $ 8,986.63 $ 6,700.00 4 $ 31,000.00 $ 124,000.00 4 $ 5,670.00 $ 22,680.00 4 $ 393.00 $ 1,572.00 $ 4,000.00 $ 249,282.56 Total of Both Loans $ 465,000.00 6(- f w r Council Agenda Form r � 5 9' Meeting Date: " September A n 0„ Aj J p A. SUBJECT TITLE: Tart Park Construction Considerations Presenter: Parks and Rec Director McNeill Department: Parks and Recreation Attachment: x Yes No Public Hearina Advertisement Date: Description: Tart Park Construction The City Manager and the Parks and Recreation department is seeking guidance from City Council on how to proceed with rebidding and project scope modifications for the Tart Park renovation. BACKGROUND: The City was awarded a PARTF Grant and State Grant Aid as assisted funding for Tart Park renovation. Once construction plans were completed the project went out for bid with a due date of April 16, 2019. After receiving no bids, the project was up for rebid with a due date of May 16, 2019. project was bided out a third time in which three bids were received on June 20, from M&E Contracting, Bridgepoint Civil and Stewart Group. After tabulations lowest bid at $2,497,400 BUDGETIMPACT: See attachment RECOMMEN DATIONIACTION REQUESTED: Again receiving no bids the 2019. Bids received were Bridgepoint Civil was the Guidance and approval of the recommended changes to the scope of the project to decrease the overall budget in order to meet project standards set by the PARTF Authority. Below is the full project budget including aspects of the project not covered in the presented bids. Please take note of the following: • 71.44% of the engineering/administration cost has been paid with a remaining balance of $34,550 • Bridgepoint Civil bid: $2,497,400 • Stewart Group bid: $2,704,260.98 • M&E Contracting bid: $2,774,043 Project Cost -August 2019 Clarence Lee Tart Park -City of Dunn Project Element Total Item Cost' Bridgepoint Construction $ 2,497,400.00 Field Lighting $ 700,000.00 Scoreboards $ 50,000.00 Security Cameras $ 7,000.00 Fire Egress $ 20,000.00 Engineering/Administration $ 121,000.00 Furniture/Appliances $ 15,000.00 Project Total $ 3,410,400.00 PARTF Grant $ 350,000.00 State Grant Aid $ 500,000.00 City match $ 2,560,400.00 Project items to be done in house: • Batting Cages • Walking Trail Extension • Disc Golf • Exercise Stations • Landscaping e- 4 t I W-1 I P, 0=0101 I 'I 1 0 1- . 14,� - I= I ID DDUNN 11111f City/ Council Agenda 8 p • A' v Meeting Date: September 10, 2019 1989 * 2013 1989 * 2013 SUBJECT TITLE: Consideration of Environmental Enhancement Grant Application - Presenter: City Manager Neuschafer 7 Department: Admin • Attachment: X Yes No I Description: Letter Public Hearino Advertisement Date: PURPOSE: To consider giving the City Manager authority to approve and to submit an application for an Environmental Enhancement Grant through the North Carolina Attorney General's Office. The grant funds would be used to establish a nature park to include Hannah's Pond and the Stoney Run corridor connecting Highway 301 to Interstate 95. This project will include aesthetic, environmental and storm water improvements. Wetland Solutions LLC is prepared to work with the City and lead on design, communication with property owners and formulation of the application as was presented at today's work session. The Letter of Intent was submitted by the City on August 16, 2019. The deadline for Grant Proposals is September 24, 2019. 1:7341X91M6111,113 1111191:1ih719-1015 RECOMMENDATIONIACTION REQUESTED: To authorize the City Manager to approve and submit an application for the Environmental Enhancement Grant through the North Carolina Attorney General's Office as proposed for the Hannah's Pond to Stoney Run corridor. f 5r city of dunn POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3500 • FAX (910) 230-3590 www.dunn-nc.org August 16, 2019 Ms. Sarah G. Zambon Assistant Attorney General North Carolina Department of justice RE: Environmental Enhancement Grant Dear Ms. Zambon: Mayor Oscar K Harris Mayor Pro Tern Frank McLean Council Members Buddy Maness Dr. GNven McNeill Billy Tart Chuck Turnage Dr. David L. Bradham City Manager Steven Neuschafer The City of Dunn in Harnett County wishes to express our intent to apply for a 2019 Environmental Enhancement Grant. The project will be a shared effort, between the City of Dunn, Campbell University and Wetland Solutions LLC, to establish a nature park within Dunn using funds provided by category 3 - construction, remediation or restoration work in the amount of $500,000. The proposed target area is approximately 192 acres spread across about 20 parcels along the Stony Run corridor, between Highway 301 and Interstate 95 to include the Hannah's Lake area within the Cape Fear River Basin. The proposed park is intended to be designed as a mixture of native natural features, open water and trail based recreational opportunities with educational signage. This project will utilize the educational resources and interests of Campbell University to establish a highly visible and publicly accessible park that benefits the water quality and storm water management concerns of the City of Dunn. Long term ownership of the park will likely be with a newly created non-profit, The park will be developed in phases with the first being the acquisition of the necessary parcels and addressing the immediate engineering and environmental concerns of the Hannah's Lake dam removal. The second phase will be the development of a restoration plan and the establishment of a mitigation bank. The third and final phase will be putting that restoration plan into action and utilizing the bank for additional funding. Other grants will be pursued to fund the second and third phases, which may include the Clean Water Trust Fund and the EPA 319 grants. We feel this will be a great opportunity to provide Dunn area residents and visitors with quality outdoor recreation in an educational wetland environment. Sincer ry Steven Neuschafer City Manager sneuschafer@dunn-nc.org DUNN "•America C 11111.1 w4ere comm ! matters 1999*2013 fa UNN r W_JDUtNN 11111.1 city/ Council Agenda o . 1989 * 2013 Meeting Date: September 10, 2019 SUBJECT TITLE: Financial Report, Tax Report and Assessment Update Presenter: Finance Director Roberts Department: Finance Attachment: XYes No Public Hearina Advertisement Date: Financial and Tax PURPOSE: Attached please find the Financial Report/Assessment and Tax Report as of August 31, 2019. BACKGROUND: BUDGETIMPACT: RECOMMENDATIONIACTION REQUESTED: Acknowledge receipt of the Monthly Financial Reports for August 31, 2019. north Carolina L U N'' N LU. 111 city of dunn POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3500 • FAX (910) 230-3590 www.dunn-nc.org MEMORANDUM To: Honorable Mayor, City Council Members From: James 0. Roberts, Finance Directo i�+Ww Subject: Financial Report Date: September 10, 2019 Mayor Oscar N. I-iarris Mayor Pro Tem Frank McLean Council Members Buddy Maness Dr. Gwen McNeill Billy Tart Chuck Turnage Dr. David L. Bradham City Manager Steven Neuschafer • The City as of August 31, 2019 had $3,613,251 in cash in the General Fund and $2,333,838 in the Water -Sewer Fund. Through August of 2018 the City had $2,596,189 in the General Fund and $2,351,973 in the Water and Sewer Fund. With Both Fund Balances combined we have $998,927 more than we had for the same period last year. • Harnett County, who bills our taxes, has released the Property tax bills for the 2019 year. To date we have received approximately $7,300 for the upcoming year. Our Estimate for the 2019 year is $3,750,000. • Sales Tax Revenue has not been reported for the last quarter of our year as of this date. Our Budget for that income is set at $2,212,000. We expect to receive the Sales Tax Report from the Department of Revenue during this week with payment coming during the month of September. • Utilities Sales Tax report for the last Quarter is due by September 15, 2019. This amount includes Electricity sales tax, Teleommunicaitons Sales Tax and Video Programming Sales Tax. It is budgeted for these three areas at $747,000. This also is a quarterly payment with a report expected this week and payment within 30 days. • Building Permit Fees for August were $9,465 for a total collected for the year of $20,587 or 25.6% of budget. Our budget for the year is $80,000. • Water and Sewer Revenues are currently $534,216 or 9.6% of budget. Our budget for the year is $5,593,000. We bill water and sewer after usage and are tracking consumption carefully to assist customers with continual flow issues that may be caused by leaks on the customer's side of the meter. • Expenditures are at 13% of budget in the general fund. Our Budget is $11,597,100 and we have expended $1,508,000. The Water and Sewer fund has spent 10.1% of budget which was $6,207,200 and we have expended $628,200. The benchmark for this period is 16.7% of budget. DUNN RIRmerieacl� �{J/��}"� L'®�l%nl��L %JZ�GGe}PiT ®t ivss*am4 Expenditures for City of Dunn Budget Amount $ 11,597,100.00 100% 8/31/2019 Expenditures Year to Date $ 1,508,000.00 13.0% Budget Remaining $ 10,089,100.00 87% I m Expenditures Year to Date Budget Remalning 5 ��P I i l Expenditures for Water and Sewer Budget Amount $ 6,207,200.00 100% 8/31/2019 Expenditures Year to Date $ 628,200.00 10.1% Budget Remaining $ 5,579,000.00 90% e Expenditures Year to Date o Budget Remalning -�' north Carolina H-U.LJUNN city of dune POST OFFICE BOX 1065 ^ DUNN, NORTH CAROLINA 28335 (910) 230-3500 • FAX (910) 230-3590 www.dunn-nc.org MEMORANDUM To: Honorable Mayor, City Council Members (� From: James 0. Roberts, Finance Dire Q -yam y 1 ` Subject: Liens and Accounts Receivables Date: September 10, 2019 Mayor Oscar N. Han -is Mayor Pro Tem Frank McLean Council Members Buddy Maness Dr, Gwen McNeill Billy Tail Chuck Tonnage Dr. David L. Bradham City Manager Steven NCaSehater • As reported last month we continue to work on collections for accounts receivable that include weedy lots, demolition of houses, driveways, curb and gutter work, water and sewer line installations and special assessments. • In August we reported $374,776 owed in assessments of all types. The total assessments currently due are $356,100. Our outstanding balances breakdown as follows: Weedy Lots/Demolitions $261,097; General Fund Assessments $124,113; Water and Sewer Assessments $15,888. • Since last month we have collected a total of $22,812. The breakdown of these payments are: $1,379 in General Fund assessments, $2,203 in Water Fund Assessments, and $19,230 in Weedy Lots/Demolitions. • We are maintaining payments on our current billings and have reduced our backlog by over 6%. • We have been informed by our attorneys the collection of fees over 10 years old is not good practice and we will likely not be able to recover those funds. The Attorney's office was to file foreclosure documents on one property last week and are to begin another this week. • The City has identified eight new offenders owing more than $2,000 each and totaling $39,250. We have sent them a notice of pending lien on their property. This lien will happen at 30 days from the date of the letter, August 26, 2019. • We currently have liens placed on 74 properties in the amount of $136,422, totaling 38.3% of the total assessments due. These next eight will bring the total to $175,672 or 49.3% of the total amount due the City. • Our billing process for assessments other than Weedy Lots/Demolitions begins with notifications in writing and then following up with a notice of pending lien. With Weedy Lots/Demolitions, payment is then expected within 30 days and land owners are notified in writing. We do not offer a payment plan but partial payments are accepted. Partial payments however, does not stop the notice of pending lien on the property. • We are continuing to work through our files to complete our review and place more liens on the newest most expensive properties where we have amounts due. X&e co7n7nuni 7naffers 7�sML)UNNI I I I V city/ Council Agenda Form1989 * 2013 Meeting Date: September 10, 2019 SUBJECT TITLE: Administrative Departmental Reports Presenter: Citv Manager Steven Neuschafer Department: Admin Attachment: X Yes No Public Hearing Advertisement Date: Attached please find the following Monthly Reports for your review: - Planning & Inspections Report - Public Works Report Public Utilities Report - Parks & Recreation Report - Library Report Police Report BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Acknowledge receipt of the Monthly Administrative Reports. DUNN July 2019 1 Monthly Development Report Planning & Inspections Department 1 102 N. Powell Ave., Dunn, NC 28334 ( phone 910-230-3503 1 fax 910-230-9005 1 www.dunn-nc.or� Code Enforcement Map July 1" to July 31", 2019 *Please note, that these are all NEW code enforcement items. This does not include items that were followed up on, or are at a later stage in enforcement.** 101 E. Cleveland St., Dunn, NC 28334 1 phone 910-892-2948 1 fax 910-892-8871 1 www.dunn-nc.org *Data from Mobile311 work order system (does not include all work performed) 101 E. Cleveland St., Dunn, NC 28334 1 phone 910-892-2948 1 fax 910-892-8871 1 www.dunn-nc.orR *Data from Republic Services report DuNN z�hom mmnueni maKnv Public Utilities Dept I July 2019 1 Monthly Report 101 E. Cleveland St., Dunn, NC 28334 1 phone 910-892-2948 1 fax 910-892-88711 www.dunn-nc.org pair 13 Water Construction7 1 0 Hydrant Repair 1 epair 4 WiNKIMIMM 45 *Data from Mobile311 work order system (does not include all work performed) *Data from A.B. Uzzle Water Treatment Plant records, and Finance Department billing. DLINN Wire ��,,,u�n�e mae� Total Million Gallons Treated 55.68 5.56 *Data from NC DEQ DMR documents and Black River Wastewater Treatment Plant records Monthly Recreation Report 2019 Dunn Parks & Recreation August Monthly Narrative Report Sports Programs Fall Sports Fall sports registration began July I" and ended August 14th. Sports offered were youth football, soccer, cheer and volleyball. Our total of teams for soccer are four teams for 4U and 6U soccer, five teams for 8U, two teams for 10U boys, one team for 10U girls, 13U boys and 13U girls. The total number of teams for football is two teams for 6U, one team each for 8U, 10U, and 13U. Volleyball teams are two teams for 10U and one team each for 12U and 15U. Cheer teams will be combined together to form one team. Registration for adult volleyball ended July 191h and teams began practice right after in preparation of their first game. Their games started on August 51h with the last regular season game on August 22nd. This season there are a total of four teams. Their season will end in the championship game on August 29th Miracle League Registration began on August 19th and will end on September 191h. Games are predicted to start in the month of October. Summer Camps The last camp held for the summer was the 2 week physical training and conditioning for football which ended on August 8th. There was a total of 141 participants for summer camps this season. Codrington Pool Opening day was on June 28th. The pool attendance for the season was 1111 visitors. The breakdown includes 702 kids, 271 youth, and 138 adults that visited the pool. The pool closed on Friday, August 23`d. We saw an increase in visitors this year (1111) compared to last year (586). Parks and Recreation Advisory Board Parks and Recreation Advisory Board met last on Tuesday, August 13th at 6:00 p.m. in the Dunn Community Center. The next scheduled meeting will be held Tuesday, November 12 at 6:00 p.m. Dunn Parks & Recreation Department Monthly Review N zoig Dunn Parks & Recreation 1205 Jackson Road, Dunn, NC 28334 1 (910) 892-2976 Phone (910) 892-7001 Fax I www.dunn-nc.ore August 2019 July 2019 1 Monthly Library Report Dunn Public Library ( 110 E. Divine St., Dunn, NC 28334 1 phone 910-892-2899 1 fax 910-892-8385 www.dunn-nc.org/library Animal Control Canine Totals for July 2019 CO 52 50 M_. 40 M 30 _ __ _27 20 20 10 _ _... 6 5 4 0 1 1 0 Calls Picked Up ( In Pound Returned Adopted Escaped. Euthanize Bites isolated. �®19Jull, 52 27 6... 5 20 0__.. 4 _I 1 _. 1 60 - _ Animal Control Feline Totals for July 2019 52 30 27 20 11 10 0 0 0 0 0 0 Calls 'Picked Upll In Pound I Returned Adopted I Escaped IEuthanizel Bites Isolated 0 Jul -19I 52 38. 0 ) 0 27 I 0 i 11 ( 0.. 0 Animal Control Other Animals, Warnings and Mileage 4500 4106 4000 E.... 3500 INS 3000 2500 2000 1500 1000 500 0 11 2 0 Other Citations Mileage Mileage Animal Warnings #55 #56_. ®Jul -19 0 11 . 2 1 4106._ ) 0_ Not in Service Total Crimes Reported for July 2019 30 Number of Crimes by Type for July 2019 15 14 12 10 5 1 0 i Homicide Rape LaJUI-19' _0 1 2 1 1 0 .............Larceny _. Aggravate Burglary Burglary from Larceny Simple Robbery dAssault Force Non -Force Motor All Other Assaults Vehicle 1 2 ( 12 ( 0 1..... 24 14... Criminal Investigations Division for July 2019 70 61 60 59.. 40 - 20 10 0 0 Cases Assigned Cases Closed Recovered Property Search Warrants Value Executed ®Jul -19. _.... 59 ......... 61. _.. i..._ 0..... 0 Narcotics Seized for July 2019 12 11.2 10 M9.4 E 8 11111 1011 m Gram Weight Dosage Unit Criminal Investigations Divison Juvenile Report for July 2019 4.s 25 15 1 1 1 1 0.5 _. 0 0 0 0 0 CasesCases Total Total Total Total Total Cases Cases Ex - Filed Filed 1 Cleared Cases Adult Juvenile Felony Misd. Assigned Cleared , Unfound Inactive iby Arrest': Closed 1 Arrests(� Arrests Charges Charges ®Jul-19� 4 : 0.. 1 __� l 0 �. 0 _ 0 ( 1.. U. 1_.. 4 3.5 3 25 15 1 1 1 1 0.5 _. 0 0 0 0 0 CasesCases Total Total Total Total Total Cases Cases Ex - Filed Filed 1 Cleared Cases Adult Juvenile Felony Misd. Assigned Cleared , Unfound Inactive iby Arrest': Closed 1 Arrests(� Arrests Charges Charges ®Jul-19� 4 : 0.. 1 __� l 0 �. 0 _ 0 ( 1.. U. 1_.. Patrol Division for July 2019 5000 _....... 4500 4365 4000 _ _.. _. _..... 3500 3000 _... 2500 EM 2000 _. _ _.. _.. 1500 _. _._. 1000 _.. _ _ _..... 500 63 11 1 34.1 0 3.8 0 0 _..am — _. _ Other US Misd. Felony Firearms Marijuana Cocaine Heroin Drugs Currency Arrests Arrests Seized Seized Seized Sezied Seized Seized. ® Jul -19 63 11 I 1 34.1 0. 3.8 4365 0. Grams I I USD Patrol Division for July 2019 60 _... 50 .. 46 40 30 51 1 I i �a All-Amerina C14 All-Amapica City J r j� City/ Council Agenda 1 r L m Meeting ... 5." �. Date. 9 ember 10, ., Y 'y 1989 * 2013 1989 2013 SUBJECT TITLE: City Manager's Report Presenter: City Manager Neu 3chafer Department: Administration Attachment: Yes x No- 1 11611 Public Hearing Advertisement Date: PURPOSE: City Manager Steven Neuschafer will give a Monthly Update. BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Oage I I Announcements September 10, 2019 City Council Meeting ➢ One Stop Voting for the City of Dunn Elections will begin on September 18 and continue until October 4 at the Board of Elections office in Lillington. ➢ The Family Medical Supply Business Fest hosted by the Dunn Area Chamber of Commerce is set for Tuesday, September 17 from 10:30 a.m. to 4:00 p.m. at the Dunn Community Center and Dr. PK Vyas MD Recreation Center. ➢ The next Boogie on Broad concert is set for Thursday, October 3 from 6:00 to 9:00 p.m. in downtown Dunn and will feature a free concert by the Band of Oz. ➢ Election Day for the City of Dunn is Tuesday, October 8 with polls opening at 6:30 a.m. and closing at 7:30 p.m. ➢ The next regular City Council Meeting is scheduled for Tuesday, October 15, 2019 at 7:00 p.m. • First Responders Appreciation Luncheon The City of Dunn officials and employees are invited. ■ Proclamation — State of Emergency ■ Proclamation — Dr. Ron Spears, Pastor a All-AmedcaCilV UWU'�'VNN w4or 64O1ivt[d!! wlaae d II i DECLARATION OF A STATE OF EMERGENCY WHEREAS, Hurricane Dorian is threatening the City of Dunn corporate limits with possible flooding, high winds and power outages; and WHEREAS, as a result of the above-described disaster, I have determined that there is an imminent threat of, or existing conditions have caused or will cause, widespread or severe damage, injury, or loss of life or property, and public safety authorities will be unable to maintain public order or afford adequate protection for lives or property; and WHEREAS, declaring a State of Emergency is necessary to maintain order and protect public health, safety, and welfare, and to secure property; NOW, THEREFORE, pursuant to the authority vested in me as the Mayor of the City of Dunn under Article IA of Chapter 166A of the North Carolina General Statutes and the City of Dunn Code of Ordinances: Section 1. A State of Emergency is hereby declared within the jurisdiction of the City of Dunn, throughout the municipal city limits of the City of Dunn. Section 2. I hereby order all City of Dunn law enforcement officers and employees and all other emergency management personnel subject to our control to cooperate in the enforcement and implementation of the provisions of this Declaration, all applicable local ordinances, state and federal laws, and the Harnett County Emergency Services Operations Plan. Section 3. 1 hereby order this declaration: (a) to be distributed to the news media and other organizations calculated to bring its contents to the attention of the general public; (b) to be filed with Clerk to the City of Dunn and (e) to be distributed to others as necessary to ensure proper implementation of this declaration. Section 4. This declaration shall take effect on September 5, 2019 at 12:00 a.m. and shall remain in effect until 11:59 p.m. on September 19, 2019 unless modified or extended. Sa 9 aaetaimed, J &6, the fewdir. `.teary of Septernbvc, 2099. Op. ., scar N. Harris, Mayor a1%C'TY ®•® �" = Attest: SEAL p �fY CAROB `. Y h f ;".r "I"eII"I`` Tammy Willia 9, City Clerk north caroIina DUNN ILD DUNN All -America Citi city of Bonn 2d1ere CM11Dtt191G 7Ra&ers 1989 x'2613 Celebrating Dr. lion Spears, (Pastor WHEREAS, Dr. Ron Spears established and is the Senior Pastor of Faith & Power Center with locations in Dunn and Fayetteville, NC, holding the office of Chief Apostle and overseeing many ministries. He is married to the beautiful LaVerne Spears, who also serves the church as Pastor to the international ministry; and WHEREAS, Dr. Spear's passion is ministry and it has carried him around the world preaching and teaching the gospel, birthing several spiritual sons and daughters as founder and overseer of the Faith and Power International Christian Fellowship. His love and passion to please God further inspired him to establish the School of Apostles and Prophets; and WHEREAS, Dr. Spears generously gives of his time and talents to many organizations and events and continues to be a role model for many of our youth. He has spent countless hours as he sought to help them develop the desired traits and attitudes that will make them excellent leaders in the future with one of his primary goals being to empower leaders of today and tomorrow; and WHEREAS, Dr. Spears is actively involved in the NAACP being awarded three times the Minister of the Year award. He is a member of the Rotary Club of Durm and serves on the Board of Directors for the Dunn Area History Museum. He participates in the Harnett County Mentoring Program and is an active member of the Dumr United Ministerial Association, participating in many of their events including the annual Mayor's Prayer Breakfast. NOW, THEREFORE, 1, Oscar N. Harris, Mayor of the City of Dunn, and on behalf of the Dunn City Council, do hereby commend and recognize Dr. Ron Spears and extend our appreciation for his abiding faith and devotion, his continuing love for our city and this community, and for his 27 years of Pastoral service to the Faith & Power Christian Center. We pray that our Lord will continue to bless Pastor Ron's ministry and the ministry of Faith & Power Christian Center International. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Dunn this 17"i day of August, 2019. Oscar N. Harris, Mayor ATTEST: Tammy Williams, City Clerk (Specify one or more of the following permitted reasons for closed sessions) Move that we go into closed session in accordance with: [N.C.G.S. 143-318.11(a)(1)] Prevent the disclosure of privileged information Under the North Carolina General Statutes or regulations. Under the regulations or laws of the United States. [N.C.G.S. 143-318.11(a)(2)] Prevent the premature disclosure of an honorary award or scholarship [N.C.G.S. 143-318.11(x)(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, orjudicial 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 terrorist activity (9).