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Attachments 04-03-2020—� north caroling LW UNN city of dunn POST OFFICE BOX 1065 e DUNN, NORTH CAROLINA 28335 (910) 230-3500 < FAX (910) 230-3590 www.dunn-nc.org Attachment #1 04-03-2020 Amended PUBLIC NOTICE Mayor William P. Elmore Jr. Mayor Pro Tem Chuck Turnage Council Members J. Wesley Sills April Gaulden Frank McLean Billy Tart Dr. David L. Bradham City Manager Steven Neuschaler The public is hereby notified that the City Council of the City of Dunn will hold a special called meeting on Friday, April 3, 2020 at 2:00 p.m. in the Council Chambers of the Dunn Municipal Building, 401 E. Broad Street, Dunn, NC. The purpose of this meeting is to discuss and/or take action on the following items of business: 1) Approve Rules of Procedure for Electronic Meetings of Dunn City Council and Planning Board 2) Ratify Utility Service Changes during State of Emergency 3) Resolution to accept USDA Loans/Grants Applications 4) Resolution Authorizing Request of Funds from State Water Infrastructure for Raw Water Station 5) Closed Session in accordance with [N.C.G.S. 143-318.11(a)(6)] and [N.C.G.S. 143- 318.11(a)(5)] 6) Decision on Closed Session Property Item SPECIAL NOTICE REGARDING MEETING ACCESS DUE TO STATE OF EMERGENCY In an effort to continue with City business and to serve the residents of the City of Dunn, the Mayor and City Council will have a Special Meeting on April 3, 2020 at 2:00 p.m. in Council Chambers at City Hall. In an effort to abide with the Governor's Executive Order and to reduce the spread of Covid-19, in -person access to the Council meeting is limited to a total of 10 people to include our Council and needed staff. We are taking extra steps to give our residents access to the Council Meeting. The Dunn Council will continue to do what they can to keep our City services moving forward. We appreciate your patience and understanding as the City maneuvers through these unprecedented times. - The Special Called Council Meeting will be available for live public viewing on Facebook Live - The City of Dunn, NC page. - The Public can call in to listen - please call or email the City Clerk for instructions no later than 9:00 a.m. on Friday, April 3, 2020. Tammy Williams City Clerk 910-230-3501 twilliams@dunn-nc.org Posted on principal bulletin board and City website: April 1, 2020, 10:00 a.m. DUNN All -America City 1 1 2Tfiere C=7nu Ina fters 1989 *EU13 REQUEST FOR SPECIAL MEETING OF THE DUNN CITY COUNCIL In accordance with N.C.G.S. 160A-71 and 143-318.12 et.seq. and Part I -Section 3.6 of the Dunn City Code, the undersigned hereby requests a special meeting of the Dunn City Council to be held on Friday, April 3, 2020 at-6-Wp.m. in the Council Chambers, Dunn Municipal Building, 401 E. Broad Street, Dunn, NC. a 00 J-1 The purpose of the Meeting is: ITEMS FOR DISCUSSION AND/OR DECISION - To Approve Rules of Procedure for Electronic Meetings of Dunn City Council - Ratify Utility Service Changes during State of Emergency - Resolution to accept USDA Loans/Grants Applications - Resolution Authorizing Request of Funds from State Water Infrastructure for Raw Water Station - Closed Session in accordance with [N.C.G.S. 143-318.11(a)(6)] and [N.C.G.S. 143-318.11(a)(5)] al Uf lgk William P. Elmore Jrcj Mayor Hand delivered Date: Posted on principal bulletin board at City Hall: ffior , 3QQc) (0'.DG .�4p Posted on City of Dunn website: FcCY1 ap-ao, `a coa t~. 50 ............................ .................................................... l 1 r W4ITTEN WAIVER OF NOTICE 1/U AM L_.-'bU,Lj of 4 , Council Member of the Dunn City Council, do hereby give notice to the Dunn City Council that I am unable to attend the called meeting of the Council on April 3, 2020 at m. P�uant to North Carolina General Statute §160A-71(b) (2), 1 am ereby si, 1 ing w�'it eh' fiver of notice. This the day of V26 Z, OF DU"',,i Council Member y�!:' '?0 7A F'•. OP ATTEST: m q� SeP� xn ,^ !'°✓a 'V. ..... ••' 1Pl1®v� '~X `JJP't�y j P ;t�..��....�1f `a� .. 4 X.1 t.. ;�.✓ "2'e g1'ell0 Ci C'`` `C`lerk %;' REQUEST FOR SPECIAL MEETING OF THE DUNN CITY COUNCIL In accordance with N.C.G.S. 160A-71 and 143-318.12 et.seq. and Part I -Section 3.6 of the Dunn City Code, the undersigned hereby requests a special meeting of the Dunn City Council to be held on Friday, April 3, 2020 at 5--Wp.m. in the Council Chambers, Dunn Municipal Building, 401 E. Broad Street, Dunn, NC. a:C'o PAx- VP The purpose of the Meeting is: ITEMS FOR DISCUSSION AND/OR DECISION - To Approve Rules of Procedure for Electronic Meetings of Dunn City Council - Ratify Utility Service Changes during State of Emergency - Resolution to accept USDA Loans/Grants Applications - Resolution Authorizing Request of Funds from State Water Infrastructure for Raw Water Station - Closed Session in accordance with [N.C.G.S. 143-318.11(a)(6)] and [N.C.G.S. 143-318.11(a)(5)] U( ak William P. Elmore Jr6/1 Mayor Hand delivered Date: Posted on principal bulletin board at City Hall: Ur , 3,C)Q a , t 0 ' D0 z w, Posted on City of Dunnwebsite: (�2r1 , apa0, O'%DOd-`-" ...................... a ......................................................... WRITTEN WAIVER OF NOTICE 1, �i U(/Q t� ), I h Council Member of the Dunn City Council, do hereby give notice to the Dunn City Council that I am unable to attend the called meeting of the Council on April 3, 2020 at Z-3P m. Psuant to North Carolina General Statute §160A-71(b) (2), 1 am hereby submi ing w it�e&n fiver of notice. This the day of Vk Co ncil Member ........•Ci,�'o, ATTEST: e r�opP?o TF •• SEA\' l ` �.OgTH CPQ® City Clerk «s1eItNN t -. 50 RULES OF PROCEDURE Attachment 2020 2 FOR ELECTRONIC MEETINGS OF DUNN CITY COUNCIL AND PLANNING BOARD APRIL 3, 2020 VERSION FOR COUNCIL CONSIDERATION The City Council of the City of Dunn, North Carolina, recognizes that Article 33C of Chapter 143 of the North Carolina General Statutes contemplates that official meetings of public bodies, such as the Dunn City Council, may take place by electronic means. In fact, §143-318.10(d) of the North Carolina General Statutes states that an official meeting can, "mean a meeting, assembly, or gathering together at any time or place or the simultaneous communication by conference telephone or other electronic means of a majority of the members of a public body for the purpose of conducting hearings, participating in deliberations, or voting upon or otherwise transacting the public business within the jurisdiction, real or apparent, of the public body." The Rules of Procedure for Electronic Meetings are a guide for how Council will conduct meetings featuring electronic participation. 1. Meetings to Which These Rules Apply These Rules of Procedure for Electronic Meetings ("Electronic Rules") shall apply only to meetings of the Dunn City Council and to the City of Dunn Planning Board, and not to any other public bodies existing under the authority of the City of Dunn. The Electronic Rules are supplemental to the Rules of Procedure approved by the City Council for its meetings. Electronic Meetings can take place for any regular, special, or emergency meeting of the Dunn City Council, subject to the conditions governing the use of Electronic Meetings. 2. Conditions Necessary for Electronic Meetings The City Council agrees that electronic meetings will only be permitted when any of the following entities declare that a state of emergency or a disaster exists in an area including the City of Dunn: the federal government of the United States of America; the Government of the State of North Carolina through the Governor of the State of North Carolina or other method permitted by Chapter 166A of the North Carolina General Statutes; Harnett County, North Carolina; or the City of Dunn, through the Mayor or other methods permitted by Chapter 7 of the Dunn City Code. The state of emergency declaration or disaster declaration must be related to a distinct event that reasonable persons can agree directly affects the City of Dunn (for example, a determination that an emergency exists under the National Emergencies Act related to piracy conducted by Somali pirates would not reasonably be related to the City of Dunn and carmot support use of electronic meetings). If no state of emergency or disaster exists, then the Electronic Rules may not be used. Definition of an Electronic Meeting An Electronic Meeting is any meeting where one or more members of the City Council participates through telephonic communication, or a telecommunications application which allows simultaneous communication by multiple parties, or other similar means that allows the members of the City Council to hold a meeting without all members being physically present in the same room. I I P a g e 4. Notice of Electronic Meeting If an Electronic Meeting is necessary, a public notice of the electronic meeting shall be sent as part of any notice required by North Carolina General Statutes § 143-318.12. The public notice, in addition to the information required by North Carolina General Statutes §143-318.12, shall provide: a. The location of the physical meeting (which is where any Councilmembers and Staff able to attend the meeting in person shall gather); and b. The location of where a member of the public, member of the media, or others, may listen to the Electronic Meeting in accordance with § 143-318.13 of the North Carolina General Statutes. The notice shall be provided in the manner required by Article 33C of Chapter 143 of the North Carolina General Statutes. If the Electronic Meeting is being used for any part of a regular meeting that is on the meeting schedule adopted by the City Council, then the information required above shall be provided in a separate notice to be provided in accordance with Article 33C of Chapter 143 of the North Carolina General Statutes. Any notice provided may also be posted on the City of Dunn's bulletin board, website and social media accounts, if possible. 5. Quorum Councilmembers present in person or electronically, shall be included in the calculation for determining if a quorum exists of the City Council. If a Councilmember who participates electronically withdraws from the meeting, the rest of the meeting may be completed provided there is still a quorum of the City Council present either in person or electronically. Any Councilmember withdrawing fiom the meeting shall no longer be included for purposes of the quorum calculation. 6. Process of Opening Meeting Immediately prior to opening the meeting, the Mayor, Mayor Pro Tern, or other presiding officer shall communicate with the Councilmember(s) who is (are) participating electronically and ensure that he/she is prepared to go forward. From that time forward until the adjournment of the meeting, the communication fine or application shall be kept open. At the start of the meeting, the Mayor, Mayor Pro Tem, or presiding official shall state which Councilmembers are participating electronically. Voting and Discussion Councilmembers present for the meeting through electronic means are eligible to vote for all items considered by the City Council during the meeting. However, Councilmembers present for the meeting through electronic means will not be permitted to vote on any quasi- judicial matters corning before the Council. Also, a member voting must indicate verbally with a "yes," "no," "yea," "nay," "or "abstain" (when that is permitted) such that the City 21Page Clerk or her designee may record the vote. Prior to taking a vote on any issue, the Mayor, Mayor Pro Tem, or other presiding officer shall inquire of the Councilmembers participating electronically if he or she has been able to adequately monitor the discussion, including comments from the public, if any, and shall allow those Councilmembers to make any comments he or she desires, if they chose to not avail himself or herself of the opportunity to discuss the matter before the vote. However, it is the responsibility of the member to gain the attention of the Mayor or the presiding officer in order to be recognized for discussion. A Councilmember attending through electronic means that withdraws from the meeting without being excused from further attendance shall not be considered an affirmative vote on items before Council. If a Councilmember attending through electronic means becomes disconnected from the meeting, the Councilmember will not be counted as an affirmative or negative vote. Minutes The minutes of the meeting shall designate the name of each Councilmember who participated electronically, the nature of the electronic communication, and the duration of the Councilmember's participation. 31Page 11 north Carolina city of dunn POST OFFICE BOX 1065 - DUNN, NORTH CAROLINA 28335 (910) 230-3500 • FAX (910) 230-3590 www.dtinn-nc.org R2020-03lAttach #3) 04-03-2020 Mayor William P. Elmore Jr, Mayor Pro 'rein Chuck Turnage Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy'rart Dr. David L. Bradhant City Manager Steven Neuschafer A RESOLUTION BY THE CITY OF DUNN AGREEING TO LETTER OF CONDITIONS FROM THE USDA RELATING TO LOANS AND GRANTS WHEREAS, the governing body of the City of Dunn desires to accept conditions provided by the USDA for loans/grants in the amount of $469,000 for the purchase of Police vehicles, Public Works, Park and Recreation equipment, and Water and Sewer vehicles and equipment. WHEREAS, the interest rate will not exceed 2.375% for terms of five years for police vehicles and ten years for all other equipment and vehicles. WHEREAS, the governing body of the City of Dunn authorizes the Mayor and the City Manager to sign all documents relating to the USDA Rural Development loan and/or grant including but not limited to: Form RD-NC 1942-47-1, "Loan Resolution'; Form RD 400-4, "Assurance Agreement; and Form RD 400-1 "Equal Opportunity Agreement'. THEREFORE BE IT RESOLVED this Resolution will become part of the official minutes of the City Council meeting held on April 3, 2020. ADOPTED BY THE CITY COUNCIL OF DUNN THIS 3rd DAY OF APRIL, 2020. srteu �+n,,a i William P. Onore Jr. ::Cj0RPOR,j :� Mayor ATTEST: y'. SEAL : s r OAFt`a,,e Tamt)Jy Williar , City Clerk city of dunn POST OFFICE BOX 1065 ^ DUNN, NORTH CAROLINA 28335 (910) 230-3500 e FAX (910) 230-3590 www.dunn-nc.org R2020-04 (Attach #4) 04-03-2020 RESOLUTION BY GOVERNING BODY OF APPLICANT Mayor William P. Elmore Jr. Mayor Pro Tern Chuck Turnage Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart Dr. David L. Bradham City Manager Steven Neuschafer WHEREAS, The Federal Clean Water Act Amendments of 1987 and the North Carolina the Water Infrastructure Act of 2005 (NCGS 159G) have authorized the making of loans and grants to aid eligible units of government in financing the cost of construction of drinking water treatment works, and WHEREAS, The City of Dunn has a need for and intends to construct a drinking water treatment works project and will relocate/replace critical raw water pump station infrastructure from the 100 year flood plain to a site outside the 100 year flood plain. In addition, approximately 3,000 linear feet (LF) of 16-inch abestos cement raw water line will be replaced, WHEREAS, The City of Dunn intends to request state (loan or grant) assistance for the project, NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUNN: That the City of Durm, the Applicant, will arrange financing for all remaining costs of the project, if approved for a State (loan or grant) award. That the Applicant will adopt and place into effect on or before completion of the project a schedule of fees and charges and other available fluids which will provide adequate funds for proper operation, maintenance, and administration of the system and the repayment of all principal and interest on the debt. That the governing body of the Applicant agrees to include in the loan agreement a provision authorizing the State Treasurer, upon failure of the (unit of government) to make scheduled repayment of the loan, to withhold from the (unit of government) any State funds that would otherwise be distributed to the local government unit in an amount sufficient to pay all sums then due and payable to the State as a repayment of the loan, That the Applicant will provide for efficient operation and maintenance of the project on completion of construction thereof. That William P. Elmore, Jr., Mayor, the Authorized Official, and successors so titled, is hereby authorized to execute and file an application on behalf of the Applicant with the State of North Carolina for a (loan or grant) to aid in the construction of the project described above. DUNN bcad AI! tt�eelcaCitg r r ® Alere ommu maffers 1989$ 2613 That the Authorized Official, and successors so titled, is hereby authorized and directed to furnish such information as the 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 Applicant 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 3`d day of April 2020, in the City of Dunn, North Carolina \o 11tIt11 p01j ® ; O©RPOF?A m Boa •• SEAL ATTEST: p ' William P. Elmore, Jr., Mayor