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Agenda 05-12-2020north carolinn Lw-L)UNN cifr of aunty Call to Order— Mayor William P. Elmore, Jr. Invocation — Rev. Len Keever Pledge of Allegiance 1) Adjustment and Approval of the May 12, 2020 meeting agenda Dunn City Council Regular Meeting Tuesday, May 12, 2020 7:00 p.m., Dunn Municipal Building PUBLIC COMMENT PERIOD 2) 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. CONSENT ITEMS 3) Minutes — April 3, 2020 Special Called Meeting 4) Minutes —April 14, 2020 5) Drinking Water Week 2020 Proclamation 6) Request for Destruction of Municipal Records — Administration and Finance 7) Approval of Rules and Regulations for the Dunn -Erwin Trail ITEMS FOR DISCUSSION AND/OR DECISION 8) Resolution for Tart Park Loan Approval a) Public Hearing b) Decision 9) Rezoning Request (CZ-02-PUD) 0-1 to R-10 Single Family Dwelling — Conditional Zoning District, Planned Unit Development a) Public Hearing b) Decision 10) Consideration of Ordinance to Demolish House — 610 E Pope St a) Public Hearing b) Decision 11) Consideration of Ordinance to Demolish- 307 W Johnson St a) Public Hearing b) Decision 12) Server Buyout and Warranty Extension 13) Audit Services Selection for City of Dunn 14) Award Engineering Contract for Stormwater, Sewer, Waterline, and Street Improvements 15) Appoint Voting Delegate for NC League of Municipalities 16) Approval of Loan Acceptance Resolution and Water Distribution Rehabilitation Capital Project Ordinance 17) Set Budget Workshop Meeting 18) NC Department of Transportation Sidewalk Agreement 1-5986B 19) Council Goals/Reports 20) Administrative Reports a) Financial Report/Assessment Update b) City Manager's Report c) Department Reports Communications/Public Information Public Works/Public Utilities Parks & Recreation Library Planning & Inspections Police 21) Announcements 22) Information 23) Closed Session in accordance with [N.C.G.S. 143-318.11(a)(5)] ADJOURNMENT "This institution is an equal opportunity provider and employer" north Carolina UNN L) E city of dunn POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3500 ^ FAX (910) 230-3590 www.dunn-nc.org PUBLIC NOTICE related to Regular Council Meeting Mayor William P. Elmore Jr. Mayor Pro Tern Chuck Turnage Council Members J. Wesley Sills April Gaulden Frank McLean Billy Tart Dr. David L. Bradham City Manager Steven Neuschafer The public is hereby notified that the City Council of the City of Dunn will hold their regular meeting on Tuesday, May 12, 2020 at 7:00 p.m. in the Council Chambers of the Dunn Municipal Building, 401 E. Broad Street, Dunn, NC. Some members of the Council may participate electronically. SPECIAL NOTICE REGARDING MEETING ACCESS DUE TO STATE OF EMERGENCY 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. The Council Meeting will be available for live public viewing on Facebook - The City of Dunn, NC page or the Public can call in to listen - contact the City Clerk at 910-230-3501 or twilliams@dunn-nc.org prior to Monday, May 11, 2020, 1:00 p.m. for instructions. Public access will be limited to 1 person at a time to make comments for the Public Comment Period and Public Hearings Only. Audio will be available while waiting outside Council Chambers. Public Comment Period can be called or emailed in to the Cleric by Monday, May 11, 2020, 1:00 p.m. to be read at the meeting. The person must abide by all rules related to the Public Comment Period, provide name and address and abide by the 3-minute time limit. The person may also call into the meeting to give their comments but they must call the City Clerk to sign up and receive instructions by the above stated time. Public Hearing - Comments can be called in or emailed to the Clerk by Monday, May 11, 2020, 1:00 p.m. and they will be read at the meeting during the Public Hearing. The call and email should include Name, Address of the person filing the comments and the Public Hearing that the comments are in reference to. The person may also call into the meeting to give their comments but they must call the City Clerk to sign up and receive instructions by the above stated time. Tammy Williams City Clerk 910-230-3501 twilliams@dunn-nc.org I1UNN RII•dmeeica Citl t 1 ml- ere --omma matters F989*2GI3 SECTION 1. 1 1all '" 1 1 1 • 1 I 1 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 Clerk shall collect the sign-up sheet and deliver it to the Mayor. The speaker shall indicate on the sign-up sheet his or her name, address and matter of concern. 2. The Public Comment Period shall be for thirty (30) minutes. 3. Comments are limited to three (3) minutes per speaker. A speaker can not give their allotted minutes to another speaker to increase that person's allotted time. 4. Each speaker must be recognized by the Mayor or presiding member of the City Council as having the exclusive right to be heard. Speakers 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. DUNN b,, All -America Ciq it, of d,,, y> g a ." a Form yMeeting Ds` ° ' May00 SUBJECT TITLE: Minutes — April 3, 2020 Special Called Presenter: Attachment: X Yes No Public Hearinq Advertisement Date: BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Motion to approve the April 3, 2020 Minutes as presented. MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Special Called Meeting on Friday, April 3, 2020 at 7:00 p.m. in the Dunn Municipal Building. Present: Mayor William P. Elmore Jr., Mayor Pro Tem Chuck Turnage, Council Members Frank McLean, Billy N. Tart, and Dr. David L. Bradham. Absent: Council Members J. Wesley Sills and April Gaulder. Public Notice for the Special Called Meeting is incorporated into these minutes as Attachment #1. Also present • City Manager Steven Nenschafer, Executive Assistant Connie ,lernigan, and City, Clerk Tannny Williams. Participating electronically: City Attorney Tilghman Pope via telephone. Assistant City Manager Mathew Boone, Finance Director Jim Roberts, and Public Utilities Director Heather Adams via WebEx,'.Oltests attending electronically and recognized by City Manager Nenschafer: Eddy Staley with WithersRavenel, acid Ennly Weaver with The Daily Record. CALL TO ORDER AND INVOCAT ION Mayor Elmore opened the meeting at 2:00 p.m. and Council Member Pledge of Allegiance was recited. Mayor Elmore updated the public on the Covid-19 State of Emergency joining the meeting electronically and streaming the meetings on. Fa( Gaulden was unable to attend due to a death in her family and Council;N AGENDA ADJUSTMENT AND APPROVAL Motion by Mayor Pro Tern Turnage and second by Council Member Bri as presented. Motion unanimously approved. ITEMS FOR DISCUSSION AND/OR BECIS ION: Rules of Procedure for Electronic Meetings of Dunn Cit Due to Covid-19 and the mandate that, public meetings L, Council make efforts to handle City of Dunn matters throt and employees, it has been recommended by, City Attorne; of the Council and PlanninglBoard could be ikine electronic for a majority of the Council to bean attendance if they can count toward a quorum. Afterwards, the and the change of the ineaiiigs, including some ebook. Live. He shared dot'Council Member ember Sills was unable to attend due to illness. adopt the April 3, 2020 meeting agenda ed to 'no more than 10 persons, it is priority that the ;trouic means. For the safety of Mayor, Council, staff to adopt procedures so that, if needed, future meetings a State of Emergency. He told Council that it is better do so. However, those participating electronically will After the procedures were Ireviewed extensively by Pope, motion by Council Member Bradham and second by Council Member Tart t0 adopt the "Rules of Procedure for Electronic Meetings of the Dunn City Council and Planning Board" as presented:"'Motion unanimously, approved. �1 copy of the 'Rates of Procedure for Electronic Meetings of the Dunn City Council�gnd Planning Board" is-b7coiporatedYfato these minutes as Attachment #2. Ratify Utility Service Changes during State of Emergency Due to Covid-19, G,oyetnor Cooper issued a State of Emergency for North Carolina on March 10, 2020, In response to the State of Emergency,,,the North Carolina Attorney General Josh Stein issued a request that all municipal and local government utilities do'the;,following" during the State of Emergency: a) not to disconnect residents from utility services and b) suspend late fees tor, nonpayment of utility services. City Manager Neuschafer asked Council to ratify the steps that have been taken within the City to abide by these requests. Motion by Council Member Tart and second by Council Member McLean to ratify the decision to not disconnect service and to waive late fees for nonpayment of utility services during this state of emergency. Motion unanimously approved. Resolution to accept USDA Loans/Grants Applications Finance Director Roberts presented Resolution for consideration to accept the letter of conditions for USDA Loan/Giant application for Police, Water and Sewer, Public Works and Parks and Recreation vehicles and equipment. Grants will be applied to the Police and Water and Sewer vehicles and equipment in the amounts of $84,000 and $26,000 respectively. The loans will be $70,000 for the Police Department for a term of 7-years, $104,000 for Public Works/Parks and Recreation Departments for a term of 10-years, and Water and Sewer for a term of I0-years. All three loans will be at an interest rate of 2.375%. Debt service payments will begin in FY2020-2021 in the approximate amount of $43,650 annually. Motion by Council Member Bradham and second by Mayor Pro Tom Turnage to adopt the Resolution and authorize the Mayor to execute any and all documents associated with the USDA loan/grant application, Motion unanimously approved. A copy ofthe Resolution (R2020-03) is incorporated into these minutes as Attachment #3. Resolution Authorizing Submittal of an Application to Request Funds from the Additional Supplemental Appropriations Disaster Relief Act of 2019 Public Utilities Director Adams requested Council to approve a Resolution stating that the City intends to pursue an application with the State Water Infrastructure Authority for the purpose of seeking funds from the Additional Supplemental Appropriations Disaster Relief Act of 2019 to relocate/replace critical drinking water infrastructure out of the 100-year floodplain. WithersRavenel will submit the application on behalf of the Citywith their fee of $5,000 to be taken from the FY2019-2020 Water and Sewer Operating Budget. Mr. Staley confnnted;that it is unclear how much the City will be applying for until a study is complete. Systems who meet the floodplain criteria may receive up to a maximum of $3,000,000 in principal forgiveness loading and systems who meet the resiliency criteria may receive up to a maximum of $250,000. Motion by Mayor Piro Tom Turnage and second by Council Member McLean to approve the Resolution adopting the City's intent to request funding through the Additional Supplemental Appropriations Disaster Relief Act of 2019 in order to relocate and replace critical drinking water infrastructure out of the 100-year floodplain:: Motion unanimously approved. A copy ofthe Resohutioua (R2020-04) is iuvcouporated into these urinates as attachment #4.' Motion by Council Member Bradham and second by Mayor Pro TeimTurnage to enter Closed Session in accordance with [N.C.G.S. 143-318.11(a)(6) and [N.C.G.S. 143-318.11(a)(5). Motion unanimously approved. Mayor Elmore recessed the meeting for the Closed Session at 2:40 p.m. Mayor Elmore reconvened the meeting at 3:48 p.m Motion by Council Member Bradham and second by Mayor ;'Pro Tem Turnage to authorize the City Attorney and City Manager to enter into agreement with property owners; to complete' the purchase of the following properties: 108 N Wayne Avenue, PIN# 1516-39-5561.000 and 906 W Broad St Pit' #1516 3976300.000 for a total of $160,000 for both parcels. Motion unanimously approved, With no further business to discuss, motion tby Council Member McLean and second by Mayor Pro Tern 'Turnage to adjourn the meeting at 3:50pan: ,Motion unanimously approved. William P. Elmore Jr. Mayor Attest: Tammy Williams City Clerk UNN b .I yy M i C K 1V1jr City Council AgendaForm SUBJECT TITLE: Minutes — April 14, 2020 Presenter: Attachment: XYes No Public Hearina Advertisement Date: WT` BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Motion to approve the April 14, 2020 Minutes as presented. Draft Minutes MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Tuesday, April 14, 2020 at 7:00 p.m. in the Dunn Municipal Building. Present: Mayor William P. Elmore Jr., Mayor Pro Tern Chuck Turnage, Council Members April Gaulden, Frank McLean, Billy N. Tart, and Dr. David L. Bradham. Council Member J. Wesley Sills participated in the meeting electronically via WebEx for the entirety of the meeting. Public Notice, relating to the Special Meeting Conditions, is incorporated into these minutes as Attachment #1. Also present: City Manager Steven Neuschafer, Executive Assistant Connie Jernigan, and City Clerk Tammy Williams. Participating electronically via WebEx: Assistant City Manager Mathew Boone, Finance Director Jim Roberts, Public Utilities Director Heather Adams, Planning Director George Adler, Chief Building Inspector Steven King, and Heather Lawson, Executive Vice President of the Dunn Area Chamber of Commerce Participating electronically via telephone City Allorney Tilghman Pope, CALL TO ORDER AND INVOCATION Mayor Elmore opened the meeting at 7:00 p.m. and Rev. Tim Rice, Pastor at Glad Tidings Church gave the invocation via WebEx. Afterwards, the Pledge of Allegiance was led by Council Member Gaulden. AGF,NDA ADJUSTMENT AND APPROVAL r Motion by Mayor Pro Tern Turnage and second by Council Member Gaulden to adopt the April 14, 2020 meeting agenda with the following change: add Item 18A - Resolution to sell Real,Paoper[y owned by the City of Dumr. Motion unanimously approved. . PUBLIC COMMENT PERIOD The Public Comment Period was opened by Mayo' Elmore at 7:07 p.m. The City Clerk confirmed no comments were received and no one has signed up to make comments. Havingno, comments, the Public Comment period was closed. CONSENTITEMS: Approval of the minutes of the February 28-29, 2020 Budget Planning Retreat,' Approval of the minutes of.tho Match 2, 2020, Special Called Meeting. Approval of the minutes of the March 10, 2020 Regular City Counpil'Meeting. Proclamation — Declaration of a State of Emergency: 71 oopy of the Proclamation (P2020-06) is incorporated into these minutes as Attachment #2. —National Library ,Week A copy 9f Ilie Proclamation (P2020-07) is incorporated into these minutes as Approval of Budget: Amendment BA-07. A copy of Budget Amendment (BA-07) is incorporated into these minutes as Attachment #4. Approval of NCDOT Use ; nd Occupancy Agreement — Project I-5883 related to I-95 Widening (Exits 75 and 77.) A copy of the Agreement is incorporated into these minutes as Attachment 45. Motion by Council Member Bradham and second by Council Member Sills to approve all consent items. Motion unanimously approved. ITEMS FOR DISCUSSION AND/OR DECISION: Rezoning Request CZ-01-20 from 1-10 to C-3 Conditional Zoning District Public Hearing regarding request to rezone two parcels of land currently zoned 1-10, Restricted Industrial District to C-3 (CZD), Highway Commercial Conditional Zoning District. These properties combined total 0.41 +/- acres. The one parcel is located at 508 N Fayetteville Ave (PIN 1516-68-9953,000); the second parcel (1516-69-9061.000) is adjacent to the north. The Public Hearing was duly advertised on March 17, 24 and 31, 2020. Mayor Elmore opened the Public Hearing at 7:09 p.m. Planning Director Adler shared that the desired rezoning will allow only ten of the 41 uses generally allowed in C-3. The Planning Board met on March 24, 2020 and unanimously recommended approval of the rezoning request. Lucia Turlington of Tu lington Real Estate spoke in support of the rezoning request on behalf of the owner, Steve Malone ofDSC Holdings, LLC. No additional comments have been received by the City Clerk and with no further comments, the Public Hearing was closed. Motion by Mayor Pro Tom Turnage and second by Council Member Tait to approve the request for a conditional zoning at 508 N Fayetteville Avenue from I-10 Restricted Industrial District to C-3 (CZD) Highway Commercial Conditional Zoning to allow 10 of the 41 uses: appliance sales and repairs, auto parts (new), auto sales and service, building supplies (retail), building trades/services, farm implement/heavy machinery sales and service; garden Supplies, indoor machinery sales, offices (general and professional), public utilities with storage and service, ,yards, blind fence, based on the following reasoning: 1) The rezoning request is reasonable based on surrounding conditions,. The industry that had, occupied the area at one time has largely left. What remains are blocks ready for redevelopment,.mauy already cleared. The parcels seeking rezoning to C-3 CZD are each too small for industrial uses. Rezoning to C-3 Commercial, while limiting the allowed uses, increases the utility of the existing building. 2) The impact to the surrounding property owners will be treasonable, Currently the building on the parcel is used for storage. Once commercial uses are established traffic may inarease,but should be limited. Landscape buffering can be required to separate new uses from the adjacent homeowner. 3) When these parcels and the surrounding parcels were zoned industrial, Jhe economy was organized differently. The number of different zoning districts that appear to be converging on the parcels seeking rezoning suggest the changes that have happened have done so incrementally;,without any specific vision for this area in the city. Rezoning to limited commercial is in keeping with the changing times." 4) Rezoning from 1-10 to C-3 CZD varies from the Future Ladd Use Map, as the Future Land Use Map projects these parcels to be industrial. However, the economy has ,;hanged since 2005 and thenize of the parcels given their current zoning, limits their utility. This strategic rezoning intends to achieve the purposes of good planning. Motion unanimously approved., Consideration of Ordinance to Demolish 1fouse — 510 E Townsend St Public Hearing regarding the Consideration to Demolish House located at 510 E Townsend St, PIN #: 1516-87-9728.000. The Public Hearing was duly advertised on April 3 and 7, 2020, 1ayor Elmore opened the Public Hearing at 7:18 p.m. Chief Building luspectur lKipg has conducted inspections and'based on his observations, the structure is unsafe and has been condemned accordance with G.S, §160A-426. The property was also found dangerous or prejudicial to the public health or public safety and is a nuisance in violation of G.S. §160A-193. He shared that the owner has no desire to repair the dwellina. No additional comments have beertreceived by the City Clerk and with no additional comments, the Public Hearing was closed, Motion by Council Member Bradham'and second by Council Member Tart to adopt the ordinance directing the Building Inspector to proceed with the demolition of the dwelling located at 510 E Townsend St (PIN#: 1516-87-9728,000). Motion unanimously approved.'A copy of the Ordinance (02020-04) is incorporated into these minutes as Attachment #6. Consideration of Ordinance to Demolish House — 520 E Townsend St Public Hearing regarding the Consideration to Demolish House located at 520 E Townsend St, PIN #: 1516-87-8975.000, The Public Hearing was duly advertised on April 3 and 7, 2020. Mayor Elmore opened the Public Hearing at 7:21 p.m. Chief Building Inspector King has conducted inspections and based on his observations, the structure is unsafe and has been condenmed in accordance with G.S. §160A-426. The property was also found dangerous or prejudicial to the public health or public safety and is a nuisance in violation of G.S. §160A-193. The owner has no desire to fix the dwelling. They have expressed interest of demolishing the house themselves, but no permit has been applied for at this time. No additional comments have been received by the City Clerk and with no additional comments, the Public Hearing was closed, Motion by Council Member Tart and second by Council Member McLean to adopt the ordinance directing the Building Inspector to proceed with the demolition of the dwelling located at 520 E Townsend St (PIN#: 1516-87-8975.000). Motion unanimously approved. A copy of the Ordinance (02020-05) is hrcorporated into these minutes as Attachment #7. Consideration of Ordinance to Demolish House— 510 S Elm Ave Public hearing regarding the Consideration to Demolish House located at 510 S Elm Ave, PIN #: 1516-65-3160.000. The Public Hearing was duty advertised on April 3 and 7, 2020, Mayor Elmore opened the Public Hearing at 7:25 p.m. Chief Building Inspector King has conducted inspections and based on his observations,ythe structure is unsafe and has been condemned in accordance with G.S. § 160A-426. The property was also found dangerous or prejudicial to the public health or public safety and is a nuisance in violation of G.S, §160A-193. King confit`med that the house has been vacant for several years. He spoke to Mr. Burnett who handles the owners' properties and Mr. Burnett stated that the owner has no desire to make repairs and the property continues to deteriorate. No additional comments have been received by the City Clerk and closed. Motion by Council Member Tart and second by Council Inspector to proceed with the demolition of the dwellir Motion unanimously approved. A copy of the Ordinance #8. the Public Hearing was Sills to adopt the ordinance directing The Building 1 at 510 'S Elm Ave (PIN#: 1516765-3160.000). )o).is incomorated into these minutes as Attachment Consideration of Ordinance to Demolish House.;—;911 Fairground Rd. A Public Hearing was held at the February 11, 2020 Regular Council meeting regarding the Consideration to Demolish House located at 911 Fairground Rd, PIN #: 1517-63-6654,000, Chief Building Inspector King reported at that time he had conducted two inspections and based on his observations, the structure is unsafe and has been condemned in accordance with G.S. §160A-426. The property was also found dangerous or prejudicial to the public health or public safety and is a nuisance in violation of G.S. §160A-193. The property was purchased bya new owner, Lloyd Tom Hamilton, who appeared at the February meeting and asked for additional time to bring the house to code: The ordinance to deirmlish was deferred until the April meeting. Chief Building Inspector King conducted an additional inspection on April 2, 2020 and work has progressed on the house with building permits in place. Motion by Council Member Bradham and second by May Pro Tern Turnage to table the ordinance to demolish for an additional sixty (60) days to allow Mr. Hamilton to make additional repairs and improvements to the dwelling located at 911 Fairground Rd (PIN#: 1517-63-6654.000)> ,Motion unanimously approved. Reimbursement' Resolution for Clarence Lee Tart Park Construction Finance Director Roberts requested Council approve needed Resolution allowing the City to reimburse the General Fund for qualified expenses incurred before'financing is in place for work being done on 'Part Park. The Local Government Commission expressed no;concern regarding the City's audit and capacity to pay for this work. Motion by Mayor Pro Tem Turnage and second by Council Member Gaulden to adopt the Reimbursement Resolution and authorize the Mayor and City' Manager to execute any and all documents associated with this Resolution. Motion carried unanimously. A clip), ofthe Resolution (R2020-05) is incorporated into these minutes as Attachment 99. Award Contract with Strategic Vision Plan Consultant, Arnett Muldrow, Ltd. Planning Director Adler told Council that the City of Dunn and the Dunn Area Chamber of Commerce (DACC) have partnered together to form the Dunn Vision Group (DVG) to conduct a Strategic Vision Plan for the community. The DVG developed a Request for Proposals seeking a consultant firm and after reviewing the proposals selected Arnett Muldrow, Ltd. to assist with the process. He further requested approval of a Memorandum of Understanding (MOU) between the City and the Chamber regarding the payment of the Consultant's fees as the cost will be shared between both. Executive Vice President Heather Lawson of DACC shared that the Chamber is excited to proceed forward and partner with the City and Arnett Muldrow in the Vision Process. She also shared that her board had reviewed the MOU and agreed with its terms. Favorable remarks were also made from Council Members Bradham and Gaulden, who both participated on the DVG. Motion by Council Member Bradham and second by Council Member Gaulden to approve the MOU between DACC and the City of Dunn and to grant City Manager Neuschafer and City Attorney Pope the authority to enter into negotiation with Arnett Muldrow Ltd. and to execute the final contract and scope of work, with a cost to the City not to exceed $50,000. Motion carried unanimously. A copy ofthe MOU is incorporated into these minutes as Attachment 410. Authorization to borrow money to purchase Paving Equipment City Manager Neuschafer requested authorization to move forward with borrowing the needed funds to purchase paving equipment. At the 2020-2021 Budget Planning Retreat, paving repairs were considered .a, priority and staff was directed to move forward with purchasing a paver to handle small paving repairs. Neuschafer added the equipment needed to make this work possible includes a paving machine, hailer, brush for street preparation; tack sprayer and additional small equipment to finalize the project with the estimated cost not to exceed $90,000, The loan, with a 5-year payback, will be repaid through the Powell Bill funds with repayment's not to exceed $19,500 Per year,, ;He shared that the staff further proposes to add an equipment operator position into next year's budget so that stnall paying projects can begin this summer. After discussion, motion by Mayor Pro Tem Turnage and second by. Council Member McLeari to authorize City Manager Neuschafer to move forward with a loan for the funds needed to purchase paving equipment... Motion carried unanimously. . Adopt City of Dunn Water System Capital Improvement Plan Public Utilities Director Adams requested Council to adopt the revised Wafer ystern Capital Improvement Plan that was originally adopted at the March 12, 2019 Councilly1_eeting as part of the Water _System Asset Inventory and Assessment Plan. The Capital Improvement Project matrix has been .updated to include the electrical improvements at the raw water station and the raw water line replacement as presented in the April 3, 2020 Special Called Meeting of the Council. Mayor Pro Tem Turnage stepped out of the chambers duringthe dixcussion. Motion by Council Member Bradham and second by Council Member Tart to adopt the revised Water System Capital Improvement Plan as presented. Mayor E.Imore acknowledged that Mayor ProrTem Turnage's vote will be recorded "for" the motion. Motion carried mmnimously..A copy of the revised Water System Capital Improvement Plan has been filed with the City Clerk Resolution to Sell Real Property owned by the City of Dunn The City has been approached by Wincor Properties LLC regarding the purchase of real property located on Ashe Avenue in Dunn. The property, is a.50 foot section beside the location of the proposed Dog Park. The property would be sold with "Notice to sell Real Property with Invitation for Upset Bids." An offer has been received from Wincor for $8,500 with agreement that Winco''will cover all cost associated with the survey and closing fees. Mayor Pro Tem Turnage returnedto'the meeting during the q"/scussion Motion by Maygr,Pro Tem Turnage grid second by Council Member Tart to approve the Resolution to Sell Real Property pursuant to the Notice and Upset Bids Procedure as set forth in N.C.G.S. § 160A-260. Motion carried unanimously. A copy of the ResolutOna (1i2020 06) has been incorporated into these minutes as Attachment #11. Proposed Summer Hours.;, City Manager Neuschafer presented request for the City to begin summer hours in May and for summer hours to continue through September. Summer "hours have been used by the City for 16 years and lie also confirmed that City staff considers these hours as a benefit. Motion by Council Member McLean and second by Mayor Pro Tom Turnage to adopt summer hours of 7:30 a.m. to 4:00 p.m., beginning May 1, 2020 and ending September 30, 2020. Motion carried unanimously. Reports— Goals and Objectives established by Council City Manager Neuschafer reviewed the administrative reports pertaining to the Goals and Objectives set by the Council at the FY2020-2021 Budget Planning Reheat. Council Member Bradham requested additional detailed information be shared at the meetings on the short term goals. Mayo' Pro Tem Turnage said the hacking mechanism is excellent and asked that they be posted on the City's website. Financial Report/Assessments Update Finance Director Roberts provided the following financial report for the period ending March 31, 2020: • General Fund has $5,296,441 cash in hand with $2,357,922 in the Water and Sewer Fund. As of March 2019: General Fund was at $4,721,377 and Water and Sewer Fund at $2,656,491. • Property Taxes to date are approximately $4,048,111 or 96.8% of budget compared to 2019 - $4,181,600. • Sales Tax Revenues as of January - $1,481,092 or 67% of budget. • Utilities Sales Taxes - $525,935 • Building Permit Fees for the month of March were $13,302 for a total to -date of $102,204 or 128% of budget. • Water and Sewer revenues are at $4,319,766 or 77.24% of budget with $417,224 being collected in March. • Expenditures are 72% of budget or $8,344,169 in the General Fund and 62.5% of budget or $3,898,838 in the Water and Sewer Fund. The benchmark for this period is 75%. 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 Mayor Pro Tern Turnage and second by Council Member Tart to acknowledge receipt of Administrative Reports. Motion unanimously approved. City Manager's Report City Manager Neuschafer updated the Council on the different steps the City, has taken related to the Covid-19 State of Emergency. He shared that staff is carefully watching the finances and expenditures of the City. Staff has been directed to cut spending and travel has also been halted. He told Council the Cjty is anticipating a 20 percent reduction in sales tax revenues due to Covid-19. He also shared that CSX will be doing repairs, on railroad crossings in'the City of Dunn, tentatively the week of April 27. Announcements/Information Mayor Elmore announced upcoming events and activities; He,also shared a Thank You -card received fiom the Maness family related to the loss of the late Oscar N. Harris, forme' Mayor od"the City of Dunn. With no further business to discuss, motion by Mayor Pip Tem'T`urnage and second by Council Member Bradham to adjourn the meeting at 8:29 p.m Motion pnanimously approved. William P. Elmore Jr. Mayor DUNN .. UNN i f D , baftd City Council Agenda Form Y � Meeting Date: May 12,2020 Proclamation —Drinking Water Week 2020 Presenter: !!■ Department: Attachment: X Yes �No Description: Proclamation — National Drinking Water Week Public Hearing Advertisement Date: PURPOSE: To proclaim May 3-9, 2020 as Drinking Water Week in the City of Dunn. BACKGROUND: BUDGET IMPACT: RECOMMEN DATIONIACTION REQUESTED: Recognizing Proclamation for City Records. ® north caroling DUNN UUNN City city of duna 1F zsltere cmnmuni mafferr vs9*ama Mmoe&ma#�w Drinking Water Week2O2O WHEREAS, water is our most valuable natural resource; and WHEREAS, only tap water delivers public health protection, fire protection, support for our economy and the quality of life we enjoy; and WHEREAS, any measure of a successful society — low mortality rates, economic growth and diversity, productivity, and public safety — are in some way related to access to safe water; and WHEREAS, we are all stewards of the water infrastructure upon which future generations depend; and WHEREAS, each resident of our city is called upon to help protect our source waters from pollution, to practice water conservation, and to get involved in local water issues by getting to know their water. NOW THEREFORE BE IT RESOLVED, I, William P. Elmore, Jr., Mayor of Dunn, North Carolina, and on behalf of the City Council and residents of the City of Dunn, do hereby proclaim the week of May 3-9, 2020 as Drinking Water Week in the City of Dunn and encourage all our residents to join us in expressing appreciation to the City of Dunn Public Utilities' employees for all their efforts to provide safe drinking water to all our residents and consumers. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Dunn to be affixed on this ls` day of May, 2020. G p,,%t I I F,,, r6r ��\�Y � 0`S . r 4 ��'GpKPQRAT�C SEAL °e.9TN C ee olaw Oi00 /illilamP. Elmore Jr., M r ATTEST: a y Willi 0s, City Clerk DUNN t l sAll-America City f DiOtNN Council Agenda Form Meeting 0'0 SUBJECT TITLE: Destruction of Municipal Records Presenter: City Manager Neuschafer Department: Finance Attachment: X Yes No Public Hearing Advertisement Date: Description: Destruction of Municipal Records PURPOSE: The documents have exceeded the required retention time and should be destroyed pursuant to the Municipal Disposition Schedule. Requests are attached for the following departments: Finance Administration BACKGROUND: u'0• RECOMMENDATIONIACTION REQUESTED: Approval for Destruction of Municipal Records as presented. Destruction of Records- Administration Department Submitted for the May 12, 2020 City Council Meeting U&IJU Do a am tail Ll lid, I o 1 Deseri Lion ofRecprd`�. ' Retentian'Period Indus veDates '.. Agenda and Meeting Packets 3 years July 1, 2015 — December 31, 2016 and Supporting Documents Advisory Board Applications 1 year after appointment July 1, 2015 — December 31, 2018 expiration Advisory Board records, 2 years July 1, 2015 — December 31, 2017 correspondence and appointment reports Letters/Correspondence Routine after 1 yearAll July 31, 2015 —December 31, 2016 other after 3 years Department/Staff Reports 3 years Jan, 2014— December 31, 2016 General Correspondence 3 years July 1, 2015—June 30, 2016 Public Information Request 2 years after resolution March 2014 — December 31, 2017 January 1, 2013 — December 31, Surplus Property 3 years 2016 Powell Bill Records 3 years 2011— December 31, 2016 Easements and Right of Way 10 years after expiration Any that have expired prior to Agreements December 31, 2009 1 year after ownership All properties sold/donated/traded Land Ownership Records relinquished prior to December 31, 2018 Submitted By: Destruction of Records- Finance Department Submitted for the j` Uwk 20 c I(J City Council Meeting r — REQUEST FOR DISPOSAL OF RECORDS Description of Record Retention Period Inclusive Dates Accounts Payable Check Stubs & Invoices 3 Years July, 2016-June, 2017 Purchase Orders -Yellow Copies 3 Years July, 2016-June, 2017 General Fund Receipt Books 3 Years July, 2016-June, 2017 Payroll Direct Deposit Stubs 3 Years July, 2016-June, 2017 Averasboro Accounts Payable Invoices 3 Years July, 2016-June, 2017 Vendor Statements 3 Years July, 2016-June, 2017 Purchase Order Reports 3 Years July, 2016-June, 2017 Accounts Payable Proof Reports 3 Years July, 2016-June, 2017 Accounts Payable General Ledger Reports 3 Years July, 2016-June, 2017 Check Registers 3 Years July, 2016-June, 2017 Payroll Invoices 3 Years July, 2016-June, 2017 Payroll Reports 3 Years July, 2016-June, 2017 Tax Reports 10 Years July, 2008-June, 2009 Submitted By: Omessia Tatum/ Printed Name/Si ure Department: Finance DUNN b a r, j D 1111V city Council Agenda Form 11110 1. ."2013 TITLE: Rules and Regulations for the Dunn Erwin Rail Trail ManagerSUBJECT Presenter: City Department: Admin Letter requesting approval; List of Regulations Attachment:Description: adopted by the Harnett County Commissioners Public Hearing Advertisement te PURPOSE: To approve and enforce the regulations proposed for the Dunn -Erwin Rail Trail by the Trail's Board of Directors. These regulations have been approved by the County of Harnett, There has been a cooperative effort between the City of Dunn, Town of Erwin and the County since the trail was established. The goal is to make the trail a safe place to walk, run and ride bicycles and to eliminate ATV's and horses that damage the trail and make it unsafe for other users. The trail board has just finished a $50,000 project replacing the granite fines along the trail. BACKGROUND: Since its development, the trail has been used by bicyclists, walkers and runners but the ATV's and horses create an unsafe environment and damage the trail, The Trail's Board of Directors has worked to present Rules and Regulations for approval and to be enforced by local law enforcement, to deter ATVs, horses and other unsafe activities on the trail. BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Approval of the Rules and Regulations and their enforcement in the City of Dunn as adopted by the Harnett County Board of Commissioners for the Dunn Erwin Rail Trail. Dunn Erwin Rail Trail, Inc. PO Box 310 Dunn, North Carolina 28335 910-892-3282 910-893-7518 RAIL ?RAIL; April 28, 2020 Steven Neuschafer City Manager, City of Dunn PO Box 1107 Dunn, North Carolina 28335 Mr. Neuschafer, The Board of Directors of the Dunn Erwin Rail Trail would like for the Dunn City Council to review the new Rail Trail Rules and Regulations. They have been approved by the Harnett County Board of Commissioners and reviewed by the legal department of Harnett County. Once these rules have been approved by The City of Dunn and the Town of Erwin Councils, signs will be made and placed at every entrance along the trail. The Board of Directors of the Dunn Erwin Rail Trail meets bi-monthly with members that are from both municipalities as well as representatives from Harnett County. The Erwin Parks and Recreation Department Staff has in cooperation with the City of Dunn's Public Works staff maintained the trail for the last several years. The Rail Trail board has just had a $50,000 project done in replacing the granite fines along the trail. This was done through donations both in -kind and financially. Our mission is to offer the citizens of our communities a safe, well taken care of place to walk, run, exercise or bike with their families and friends. We would like to see this partnership continue as well as ask for help from your Police Department in enforcing these rules in your jurisdiction along the trail. Thank you for your time and support. Sincerely, Patrick Riley UUAA Dunn Erwin Rail Trail Inc. Chair, Board of Directors `ON ai ' 0 "oa Board Meeting Agenda Item Agenda Item MEETING DATE: August 5, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Consideration of Rules & Regulations for Dunn -Erwin Rail Trail REQUESTED BY: Administration REQUEST: Administration requests consideration and adoption of Rules and Regulations for the Dmm- Erwin Rail Trail. The Dunn -Erwin Rail Trail Authority has asked commissioners to adopt rules and regulations for the Rail Trail to allow for enforcement along the trail by local law enforcement. The Rail -Trail Authority has recommended approval of the attached rules and regulations by the Board of Commissioners. County Administration met with Parks & Recreation, Legal and staff with the Harnett County Sheriffs Office to come up with the proposed rules and regulations, and to discuss enforcement. The most feasible option for enforcement, it was agreed, would be through enforcement of trespassing on the Rail Trail. These rules, upon adoption, will be posted at major trail entrances with an abbreviated list of rules posted at minor trail entrances. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C\Users\gwheeler\AppData\Local\Microsoft\windows\INetCache\ContenLOutlook\OZMK(i6X9\Agenda Request - Rail Trail Rules.doex Page I of I Dunn Erwin Rail Trail Rules and Regulations • Trail and parking areas are open from dawn until dusk. • Permitted uses of the trail: walking, jogging, running, bicycling, roller skating, and skateboarding. • Motorized vehicles are prohibited unless authorized by the Dunn Erwin Rail Trail Authority. Motorized vehicles include, but are not limited to, ATVs, golf carts, motorcycles, motorized bikes and scooters, mini bikes, go-karts, and hobby equipment such as cars, rockets, planes, helicopters, and drones. • Bicyclists, skaters, and skateboarders must yield to pedestrians. • Trail users should travel on the right and pass on the left. • Do not block the trail or trail entrances. • Bicyclists who are 16 years old or younger must wear a helmet. All bicyclists over the age of 16 are encouraged to wear a helmet. • Travel at a safe speed. • No littering. All trash must be collected and placed in trash containers or removed from trail and parking areas. • Pets must be on a leash no longer than 6 feet. Owners are responsible for removing pet waste and depositing it in a trash container. • Collection, removal, or disturbance of any natural or cultural object is prohibited. • Hunting is prohibited on the trail and parking areas. • Use of tobacco products and the possession and/or consumption of alcoholic beverages are prohibited on the trail and parking areas. • Horses are prohibited on the trail. • Fireworks are prohibited on the trail and parking areas. • Camping and fires are prohibited on the trail and parking areas. • Weapons are prohibited except concealed handguns, with proper permit, as allowed by ordinance and the North Carolina General Statutes. • Abusive language and/or behavior is prohibited on the trail and parking areas, • Soliciting and advertising of any kind is prohibited on the trail and parking areas. Please report any vandalism, storm damage, or unsafe conditions to the Dunn -Erwin Rail Trail Authority by calling 910-892-3282. For emergency situations, call 911. If you see suspicious activity along the Trail, contact local law enforcement. These Rules and Regulations may be enforced by any and all remedies authorized bylaw. In addition, any violations of these provisions may result in temporary or permanent expulsion and may subject violators to prosecution for trespassing. Adopted by the Harnett County Board of Commissioners on Aug t 5, 2019. of Gordon Springle, Cha' ma y Harnett County Board o Commis oners Harnett County Dunn -Erwin Rail Trail Rules and Regulations ARTICLE 1- RESTRICTIONS ON RAIL TRAILS AND RAIL CORRIDOR The following restrictions apply to the rail trail(s) and rail corridor(s) built or maintained by the County of Harnett (HC), The City of Dunn (Dunn) and the Town of Ervin (Erwin) and to all rail trail easements and rights of way under the jurisdiction of HC, Dunn and Erwin. 1.1 Motorized vehicles restricted. No motorized vehicles, including automobiles, trucks, farm or agricultural vehicles, motorcycles, motorbikes, motor scooters, go-carts, golf carts, snowmobiles, motorized bicycles, motorized skateboards, mopeds or all -terrain vehicles will be allowed on the rail trail(s) or rail corridor(s) at any time. The following vehicles and uses are exempted from this prohibition: 1.1a Motorized vehicles are restricted to parking areas, driveways and other areas specifically posted for motor vehicle occupancy. 1.1b Government maintenance vehicles, ambulance, law enforcement, fire or other emergency vehicles will be allowed to enter onto rail trail(s) and rail corridor(s) in the course of carrying out their normal duties. 1.1c Construction or maintenance vehicles owned and operated by private contractors may enter onto CCFPD and VCCD rail trail(s) and corridor(s) subject to specific permission from each agency. 1.1d Agricultural, ranch or personal vehicles belonging to specific owners, their employees or assigns, may enter onto and across rail trail(s) and rail corridor(s) subject to the terms of easements or agreements between either HC, Dunn or Erwin and individual landowners. 1.1e Wheelchair or other personal accessibility vehicles that are not wider than 3 feet and not to exceed 5mph 1.2 Allowed Uses. Bicycles, pedestrians, skates, skateboards, non -motorized scooters, and baby strollers are allowed on the rail trail unless specifically prohibited and posted otherwise. All trail users will travel at safe speeds at all times. All trail users must stay within the trail footprint. All off trail use is prohibited. 1.3 Right of Way. In areas of mixed use, i.e. bicycles and pedestrians, bicycle or other wheeled traffic is to yield to pedestrians. 1.4 Fishing. Fishing is not allowed anywhere on or from the trail and its easements. You may only do so where permitted on public land according to the regulations of the State of North Carolina and private land where permitted such as below the trail on the Cape Fear River as permissible by state and local law. A valid license is required. Fishing from trail bridges is not allowed. 1.5 Camping Prohibited. Overnight camping is prohibited on or in the entire rail corridor(s). 1.6 Fires Prohibited. Fires are prohibited at any location and at all times within the rail corridors, trail, trail easements or trail facilities, including, but not limited to, parking areas, trail shoulders and borders, bridges and structures. Fires are allowed in grills if provided by the District(s) in specified areas. The controlled burning by employees of the District(s) is excepted. It is unlawful to burn fires in any location at any time in a careless manner, to leave a fire unattended, to burn any explosive or toxic materials, or to fail to extinguish accidental fires completely. 1.7 Smoking Prohibited. Smoking is prohibited inside of and within 15 feet of any structure or facility including but not limited to restrooms, shelters, pavilions 1.8 Firearms Prohibited. It is forbidden to discharge firearms or projectile weapons of any kind within, onto or across the rail trails) or rail corridor(s) in Erwin and Dunn. This includes paint ball guns or air guns. The exception to this will be law officers discharging weapons in the line of duty. 1.9 Hunting Prohibited. The rail corridor(s) is closed to hunting. 1.10 Closed Areas. Entry onto or use of rail trails) or rail corridor(s) lands posted as closed or no trespassing is prohibited. 1.11 Trespass Prohibited. It is prohibited to trespass from trails or corridors onto adjacent private lands except where specifically authorized by the owners or occupants of private lands. 1.12 Equestrian & Farm Animal Use. Equestrian & Farm Animal use is prohibited In all areas of the rail trails) and rail corridor(s). 1.13 Dogs and Domestic Pets and Livestock. Dogs and other domestic pets must be leashed or on lead, and under the direct control of the owner or keeper at all times. Pets must remain in the footprint of the trail. Domestic Livestock is prohibited on the rail corridor. Posted leash laws or County or municipal laws or ordinances must be obeyed. Dogs or other animals are prohibited in areas specifically posted for such prohibition. Pet waste must be picked up and disposed of off -site in a safe and sanitary manner by owners or keepers. Disturbance of wildlife by pets is prohibited. 1.14 Stop Required. Trail users shall stop at all road and driveway crossings and yield to any motorized traffic, except where the trail or rail corridor takes precedence over a driveway crossing, in which case driveway users shall yield to trail or corridor users. 1.15 Commercial Activities Limited. Commercial activities, provision of services, or any activity for which a fee may be charged are prohibited on rail trail(s) and rail corridor(s) except when specifically authorized by a special use permit or Board approval. 1.16 Disorderly Conduct Prohibited. Disorderly conduct of any kind is prohibited anywhere on the entire rail corridor(s). Disorderly conduct Includes, but is not limited to, making any coarse, annoying, derisive or obviously offensive utterance, gesture or display which tends to incite an immediate breach of the peace. Also fighting, littering or abandonment of private property, making excessive or amplified noise that would tend to disturb the peace and quiet of adjacent residents or occupants, or any other activity that deliberately infringes on the ability of others to use or enjoy the trail or trails facilities. 1.17 Hazardous Activities Prohibited. Hazardous activities of any kind are prohibited on the rail trail(s) and rail corridor(s). Hazardous activities are defined as those activities, which might constitute or contribute to a hazard to the safety of any person or animal. Such activities include, but are not limited to, use of fireworks or other explosives, use of remote -controlled craft, swimming or wading. Exceptions or additions to these restrictions may be made In specific locations or circumstances subject to the Rail Trail Board. 1.18 Vandalism Prohibited. Vandalism, property damage or removal of resources or facilities is prohibited on the entire rail corridor(s). It is unlawful to remove, damage, deface, mutilate or destroy any structure, poster, sign, marker, fence, gate, furniture, vegetation, rock, or any object of scientific or historic value or interest. 1.19 Wildlife Protected. Wildlife is protected within the entire rail corridor(s). Hunting, trapping, chasing, molesting, harming, removing, killing or otherwise disturbing wildlife on the rail corridor(s) is prohibited at all times and under all circumstances, with the exception of fishing (1.4). Damaging or destroying the habitat of any species of wildlife is prohibited. Removing or destroying, native plants, bird or reptile eggs is prohibited. Nothing in this section shall prohibit trapping for research, management and monitoring purposes. 1.20 Littering and Waste Disposal Prohibited. Any disposal, depositing or abandonment of trash, garbage, grass cuttings, brush, tree limbs and branches, yard wastes, litter, waste paper, waste food products, human or animal wastes, toxic materials, oil and other mechanical waste products, animal parts, fire ash or other combustion byproducts, or other waste products on or within the rail corridor(s) other than in designated containers and locations is prohibited. 1.21 Structures and Notices Prohibited. Construction of any kind not specifically authorized by HC, Erwin, Dunn or the Board of Director(s) is prohibited. Activities prohibited include, but are not limited to, excavations, ground clearing or grading, erection of permanent or temporary structures, erection of signs, posting of bills, notices or posters, fencing or clearing of vegetation. 1.22 Other Restrictions. All other rules, regulations, ordinances and restrictions set forth for all other HC, Dunn, and Erwin properties are in effect for the rail trall(s) and corridors. A full listing of rules and regulations for all properties will be available upon request to the Board of Directors. ARTICLE 2 — PERMITS AND SPECIAL USES REVIEW STANDARDS This Article establishes review standards for uses of rail trail(s) and rail corridors) allowed only by permit. HC, Dunn, Erwin and the Board may approve, approve with conditions, or deny applications for special uses of the rail trail and corridor. 2.1 The Board of Director(s) may condition a certification of consistency on the applicant agreeing to provide a surety bond in favor of the Board, HC, Dunn or Ervin in the event that a Special Use Permit is granted, in an amount to be determined by the Board. All Financial Security will be held for the duration of any special use permit. The bond will be conditioned upon: 3.1a Faithful compliance with the terms of special use permit regulations, and policies of HC, Dunn and Erwin. 3.1b The restoration and clean-up of any site affected by the special use. Any revegetation needed to restore the site shall conform to Board directives and or HC, Dunn or Erwin regulation. 2.2 The Board may condition certification on the applicant's agreement to pay a use impact fee which is commensurate with the additional maintenance costs associated with the proposed use. 2.3 The Board shall make a written response to either approve of the proposed special use with or without conditions, or disapprove the proposed special use, within 45 days of receiving a written request for a special use. An applicant may appeal the determination to the Board of Directors/Commissioners within 15 days of receipt of the determination. The Board of Directors/Commissioners must Issue a final determination within 30 days of hearing an appeal pursuant to this section. 2.4 Other Permits and Special Uses. All other HC, Dunn and Erwin rules and regulations pertaining to special use permits must be followed. A full listing of special use permit regulations will be available upon request to the Board of Directors. ARTICLE 3 — EASEMENTS AND AGREEMENTS The terms and conditions of Conservation Covenants, Access, Permanent, Temporary, Utility, or Trail Easements or other approved agreements between HC and the Board of Directors and private property owners, other governments or grantors are incorporated into these regulations by reference. To the extent of any conflict between these regulations and the terms of conservation covenants, access, permanent, temporary, utility, or trail easements, the terms of such covenants or easements will control. Those terms and conditions shall be enforced under the provisions of this regulation as if they were set forth herein. ARTICLE 4 —AMENDMENT HC and the Board of Directors may amend these rules and regulations from time to time. These rules shall apply to existing rail trails and rail corridors as well as future rail trail additions or acquisitions ARTICLE 5 — VIOLATIONS, ENFORCEMENT AND PENALTIES 5.1 Permission to use rail trails and rail corridors. Failure to abide by these rules for use of the rail trails and corridors may be just cause to revoke permission to use or occupy the property. 5.2 Criminal Enforcement. The Board of Directors, HC, Erwin and Dunn shall cooperate with local jurisdictions in reporting and enforcing penalties for violations of Federal, State, County and Municipal Codes occurring on rail trail(s) and rail corridor(s). 5.3 Civil Enforcement. In the event of any activity in violation of these Rules and Regulations, the Board, HC, Dunn or Erwin Attorney(s), in addition to other remedies provided by law or specified herein, may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, or abate any unlawful activity, or to remove any Improvements on construction resulting from such unlawful activity. In the event that such unlawful activity has damaged property, the violator shall be liable for any damage to property resulting from any such unlawful activity, including, but not limited to, compensation for staff time and for use of HC, Dunn or Erwin equipment to repair such damage, as well as replacement costs for damages. Any civil action or proceeding can include a claim to recover all such money damages. ARTICLE 6— POSTING These regulations, or a summary thereof, will be posted at visible locations on rail trail(s). Full text of these regulations shall be available for public inspection at request to the Board of Directors. Adopted by the Dunn -Erwin Rail Trail Board, Harnett Count, the Town of Erwin and the City of Dunn on INSERT DATE HERE. hcIftlil UNN DUNN CouncilAgenda 11110 Meeting 9 Date.- / .i .May, 12, 2020 SUBJECT TITLE: Resolution for Tart Park Loan Presenter: Jim Roberts Finance Director Department: Finance Attachment: X Yes No I Description: Public Notice and Resolution Public Hearing Advertisement Date: 4-28-2020 1 PURPOSE: a) Public Hearing to allow for public comment concerning the City of Dunn entering into a financing agreement obligating the City of Dunn to make installment payments for a principal amount not to exceed $2,200,000 plus interest in reference to the Clarence Lee Tart Park renovations and construction. b) To approve a resolution allowing the Mayor and City Manager to proceed with loan applications for funding necessary to complete the work to be done on Tart Park, BACKGROUND: In June of 2018 the City undertook a planning project to develop plans for the complete renovation of Clarence Lee Tart Park. In November of 2019, final bids were received and in December the City Council approved the project and plans to proceed with the project. Since that time all contracts and permits are in place, and the City has contacted the Local Government Commission (LGC) to gain approval to seek funding for the total project. This LGC approval needed to occur after the City's audit was completed and submitted for acceptance. That took place in March, 2020. This resolution follows the public hearing regarding the loans necessary to pay all expenses relating to work previously described, discussed, and approved related to the renovations to Tart Park, BUDGETIMPACT: The Loans covering expenses over and above the two grants we currently have in place make up approximately $2,200,000. This payback amount with a term of 15 years will be approximately $171,000 per year. The city will finalize the loans within the next month. RECOMMENDATION/ACTION REQUESTED: Motion to adopt the Loan Resolution related to the public hearing for Tart Park Project and authorize the Mayor and City Manager to execute any and all documents associated with this Resolution. AFFP Renovation of Tart Park Affidavit of Publication STATE OF NORTH SS City of Dunn CAROLINA) Notice of Public Hearing COUNTY OF HARNE7T ) Installment Financing Agreement for Renovation of Tart Park The Undersigned, being y sworn, says: s: Y - The City Council of the City of Dunn will hold a public hearing on May .12 2020 at 7.00 p.m. In the courtroom of the Dunn Municipal Building 401E Broad Street, Dunn, NC. It is the desire of the Dunn. City Council to enter into an Installment General That she 1s Representative of the The Daily Record, a financing agreement (the "Agreement') pursuant to Section 16OA-20 of. the Statutes of North Carolina obligating the City to make installment payments -. daily newspaper of general circulation, printed and thereunder in a principal amount not to exceed $2,200,000 plus interest thereon, The Agreement is for the purpose funds, together with other published in Dunn, Harnett County North Carolina; that of providing any available funds to pay the cost of Clarence Lee Tart Park renovations and the publication, a copy of which is attached hereto, was construction (the"Project"). Section 16oA-20(g) of the General Statutes of North published in the said newspaper on the following dates; Carolina. requires that the City hold a public hearing prior to entering into the Agreement. It the City Council so determines, an application will be submitted to the April 28, 2020 Local Government Commission of North Carolina for approval of the Agreement. All persons desiring. to be heard either for or against the proposed Item set forth above are. requested to follow the following procedures due to COVID-19: Public access will be limited to 1 person at a time for in person comments Comments for or against the proposed Item will be read during the Public Hearings, if received by the Finance Director by1:00 p.m. on May l l Comments can be called In, smelled or mailed. : To call In your comments during the public hearing, contact the ., That said newspaper was regularly issued and circulated .9 Y Finance Director no later than 1:00 p.m. on May 11 for Instructions, on those dates. The meetings can be viewed Facebook Live— City at Dunn NC SIGN DI page and will be able to be heard outside chambers for any presenting Inpe person. Written comments may be addressed to: City of Dunn, 401 E. Broad St., PO Box -y 1066 Dunn, NC 28335, Attention: Jim Roberts, Finance. Director or to Joroberls�dunn nc org.. Representative 4/28/2020 Subscribed to and sworn to me this 28th day of April 2020. """aaaaaeaa, r,, �oNRY P 6 0 n NOTAR Y Ha ettCounty No Carolina ' l� PUBLIC,"' Sic: O'1PE; p�FTT c My commission expires: July 23, 2022 COVN� "0 fill 00022733 00183921 CITY OF DUNN P,O. BOX 1065 DUNN, NC 28335 north Carolina UELJUNN city of dune POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3500 • FAX (910) 230-3590 www.dttnn-ne.org Mayor William P. ElmoreJr. Mayor Piro Tem Chuck Turnage Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart Dr. David L. Qradham City Manager Steven Neuschafer A RESOLUTION BY THE CITY OF DUNN AGREEING TO PROCEED WITH LOANS FOR THE COMOPLETION OF CLARENCE LEE TART PARK CONSTRUCTION AND RENOVATIONS WHEREAS, the governing body of the City of Dunn desires to proceed with borrowing in the amount of $2,120,000 for the renovation, construction, and development of Clarence Lee Tart Park. WHEREAS, the interest rate will not exceed 3.5% for terms of fifteen years for the total project and will not have a repayment schedule exceeding $190,000 per year. WHEREAS, the governing body of the City of Dunn authorizes the Mayor and the City Manager to sign all documents relating to the loans and/or grants. THEREFORE BE IT RESOLVED this Resolution will become part of the official minutes of the City Council meeting held on May 12, 2020. ADOPTED BY THE CITY COUNCIL OF DUNN THIS 12Tu DAY OF MAY, 2020. William P. Elmore Jr. Mayor ATTEST: Tammy Williams, City Cleric DUNN �H-Ameeiea City t I allere mmnn nc° 7naffers a r989*21113 DUNK E MUD] D�� baftd DUNK ovl��hvvvvvv .��vv1vv1117information. All -America City !k, 0 d.�„All-AAmerica t I City, CouncilAge 1 Meeting Date: May 12,2020 1999 * 2013 t989 * 2013 SUBJECT TITLE: CZ-02-20: rezoning parcel from 0-I to R-10 SingConditional Zoning District, Planned Unit Development (PUD). Presenter: George Adler Department: Planning Department Attachment: x Yes No Description: Conditest application, staff report, and other pe Public Hearing Advertisement Date: April 21, April 28, and May 5, 2020 PURPOSE: a) Public Hearing regarding request to rezone a parcel of land currently zoned 0-I, Office & Institutional District to R-10, Single -Family Dwelling Conditional Zoning District, Planned Unit Development (PUD). This property is 9.39 acres +/- and is located off Tilghman Dr. (PIN 1516-08-0033.000). The rezoning will permit single-family dwelling units in a development named Dunhaven. The Public Hearing was advertised April 21, April 28, and May 5, 2020 in the Daily Record. The desired Planned Unit Development (PUD) will allow reduction in the setback requirements of R-10. R-10 requires the following setbacks: front=25'; rear=20'; sides=10'. The Conditional Zoning PUD would allow: front=20'; rear=20'; sides=5'. The PUD would establish a Home Owners Association (HOA) with bylaws and restrictive covenants, which would handle lawn maintenance and establish design requirements for homeowners within the PUD. b) Discussion and/or Decision Attached you will find a staff report from the City Planner and other pertinent information for your review. BACKGROUND: At the Dunn Planning Board meeting April 28th, the Planning Board unanimously recommended approval of this rezoning request as submitted. BUDGET IMPACT: None. CITY PLANNER'S RECOMMENDATION OR COMMENTS: The Conditional zoning PUD request for conditional zoning off Tilghman Drive (PIN 1516-08-0033.000) from 0-I, Office & Institution District to R-10, Single -Family Dwelling Conditional Zoning District, Planned Unit Development (PUD) to allow single-family dwelling units is based on the following justification: The rezoning request is reasonable based on surrounding conditions, The market has not responded to the medical office space the original developer had anticipated when the property was zoned 0&I. However, demand for housing has increased and that development is in keeping with the area. 2. The impact to the surrounding property owners will be reasonable. Residential development of 28 units of homeownership housing will not create undue traffic or noise concerns. 3. The site has been vacant for several years with 0&1 zoning. Conditional rezoning to R-10 as a PUD is responding to the growing need for housing and is in keeping with the times and the Future Land Use Map. 4. Rezoning from 0&1 to R-10 PUD is in concert with the Future Land Use Map, as the Future Land Use Map in 2005 projected this parcel to be residential. This strategic conditional rezoning to residential with a PUD achieves the purposes of good planning. RECOMMENDATION/ACTION REQUESTED: ENTERTAIN A MOTION FOR GRANTING/DENYING THE CONDITIONAL ZONING REQUEST BASED UPON THE ABOVE JUSTIFICATION. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a PUBLIC MEETING will be held by the CITY OF DUNN PLANNING BOARD on APRIL 28, 2020 at 6:30 P.M. and a PUBLIC HEARING will be held by the CITY COUNCIL OF THE CITY OF DUNN on MAY 12, 2020 at 7:00 P.M. in the COURTROOM of the DUNN MUNICIPAL BUILDING for the purpose of considering the following item: CONDITIONAL ZONING APPLICATION CZ-02-20 2020 Holdings, LLC (Applicant) Lee Professional Park, LLC (Owner) Pin# 1516-08-0033.000 This is a request to rezone a parcel of land currently zoned 0-1, Office & Institutional District. The request is to rezone this parcel to R-10, Residential Zoning District, Planned Unit Development (PUD). This property is 9.39 acres +/- and is located at TBD Tilghman Dr. The rezoning will permit single-family dwelling units. All persons desiring to be heard either for or against the proposed item set forth above are requested to follow the following procedures due to COVID-19: - Public access will be limited to 1 person at a time for in person comments at either meeting. - Comments for or against the proposed item will be read during the Public Hearings, if received by the City Clerk by 1:00 p.m. on April 27 for Planning Board or May 11 for Council meeting. Comments can be called in to 910-230- 3501 or emailed to twilliams@dunn-nc.org. - To call in your comments during the public hearing, contact the City Clerk no later than 1:00 p.m. on April 27 for Planning Board or May 11 for Council Meeting for instructions. - The meetings can be viewed — FaceBook Live — City of Dunn NC page and will be able to be heard outside chambers for any presenting in person. Copies of the proposed item are available for review at the DEPARTMENT OF PLANNING during normal business hours Monday through Friday. Written comments may be addressed to: PLANNING DEPARTMENT CITY OF DUNN P.O. BOX 1065 DUNN, NC 28335 ADVERTISE: April 21, 2020 April 28, 2020 May 5, 2020 Case: CZ-02-20-PUD George Adler, Planning Director gadler@dunn-nc.org Phone: (910) 230-3505 Fax: (910) 230-9005 i cfLP �J dorm Planning Board Meeting: April 28, 2020 City Council Meeting: May 12, 2020 Requesting rezoning from: OI, Office & Institutional to R-10, Residential Zoning District Planned Unit Development (PUD) Applicant Information Owner of Record: Name: Lee Professional Park, ILLC Address: PO Box 1027 City/State/Zip: Dunn, NC 28335 Property Description PIN (s) : 1516-08-003 3.000 Address: TBD Tilghman Dr. Vicinity Map Applicant: Name: 2020 Holdings, LLC Address: 350 Wagoner Dr. City/State/Zip: Fayetteville, NC 28303 Acreage: 9.4 (approximately) Page 1 of 5 STAFF REPORT Physical Characteristics Map See Attachments for photos of the area. Physical Characteristics Description The parcel seeking rezoning is approximately 9.4 acres with an entrance on Tilghman Drive, located between Erwin Road to the north and Susan Tart Road to the south. The parcel was originally zoned for office development, and was to be called Lee Professional Park. The original developer had installed a street with two cul-de-sacs. There is medical office development immediately adjacent to the west, south and north. The entrance to the site is approximately 1,200 feet from the entrance to Harnett Health System's Betsy Johnson Hospital. There is a concentration of medical office development along Tilghman between Erwin and Susan Tart. However, adjacent to the east and sparsely developed zoning is R-10• adjacent to the northeast sparsely developed, zoning is RM; across Tilghman Drive there is an existing multi -family residential development. Services Available Water: ✓ Public (City of Dunn) ❑ Private (Well) ❑ Other: Unverified Sewer: ✓ Public (City of Dunn) ❑ Private (Septic Tank) ❑ Other: Unverified City of Dunn water and sewer are both available to the site. Transportation The entrance to the parcel is located one quarter mile (0.25 mile) from Erwin Road and three quarters (0.75) miles from the intersection of State Road 421 (Cumberland) and Erwin Road. At that intersection, on Erwin Road near Cumberland the Annual Average Daily Traffic (AADT) count by NCDOT was 9,800 in 2018. In the same year, the AADT on Susan Tart Road near the intersection with Averasboro Road was 1,000. The distance from the parcel's entrance on Tilghman to entrance ramp 73 at 1-95 and Cumberland Road is 1.75 miles. Page 2 of 5 STAFF REPORT Zoning District Compatibility The following is a summary list of general uses, for actual permitted uses refer to the Zoning Ordinance. REQUESTED Zoning: CURRENT R-10, pt73�_ Permitted uses 8i I pup Banks & credit unions X i�mur Churches X ~ Government buildings & uses X Medical offices &clinics X n g r r Public utilities X es `' Offices (general & professional) X r Professional medical X complex Single-family residential X I FORM, 1 The zoning map reveals a combination of medical office and residential, with the hospital in the lower left-hand corner of the image. The Planned Unit Development (PUD) designation will allow greater density with reduction in setback requirements in R-10. R-10 requires front = 25'; rear = 20'; sides = 10'. The PUD would allow: front = 20'; rear = 20'; sides = 5'. The PUD would establish a Homeowners Association (HOA), which would handle lawn maintenance and establish consistent design requirements for homeowners within the PUD. Land Use Classification Compatibility Parcel seeking rezoning Betsy Johnson Hospital The Future Land Use Map, created in 2005, shows a blue, dashed circle that identifies this area as the "medical node." Betsy Johnson Hospital is indicated with an arrow, as is the parcel seeking rezoning. The Future Land Use Map anticipated that this parcel would be residential, which is the base zoning requested. The PUD requested would allow reduced setbacks to increase density along the existing street and cul-de-sacs. Page 3 of 5 STAFF REPORT Evaluation ✓ Yes ❑ No The amendment, if small scale, is reasonable based upon surrounding conditions. REASONING: The rezoning request is reasonable based on surrounding conditions. The market has not responded to the medical office space the original developer had anticipated when the property was zoned 0&I However, demand for housing has developed and is in keeping with the area. ✓ Yes ❑ No The impact to the adjacent property owners and the surrounding community is reasonable, and the benefits of rezoning outweigh any potential inconvenience or harm to the community. REASONING: The impact to the surrounding property owners will be reasonable. Residential development of 28 units of homeownership housing will not create undue traffic or noise concerns. ✓ Yes ❑ No The amendment is warranted due to changed or changing conditions in the area. REASONING: The site has been vacant for several years with 0&1 zoning. Rezoning to R-10 as a PUD is responding to the growing need for housing and is in keeping with the times and the Future Land Use Map. ✓ Yes ❑ No The amendment achieves the purpose and is consistent with the Land Use Plan. REASONING: Rezoning from 0&1 to R-10 PUD is in concert with the Future Land Use Map, as the Future Land Use Map in 2005 proiected this parcel to be residential This strategic rezoning as residential with a PUD achieves the purposes of good planning. Suggested Statement -of -Consistency (Staff concludes that...) Rezoning from 0&1 to R-10 is consistent with the Future Land Use Map made in 2005. This rezoning as a residential Planned Unit Development is consistent with good planning and will make this parcel more productive for the property owner, the area, and for the City Site Photographs See Attachments for photos of the area. Page 4 of 5 STAFF REPORT Traditional Standards of Review and Worksheet The Planning Board shall consider and make recommendations to the City Council concerning each proposed zoning district. The following policy guidelines shall be followed by the Planning Board concerning zoning districts and no proposed zoning district will receive favorable recommendation unless: ❑ Yes ❑ No A. The proposal will place all property similarly situated in the area in the same category, or in appropriate complementary categories. ❑ Yes ❑ No B. There is convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of the individual or small group. ❑ Yes ❑ No C. There is convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) ❑ Yes ❑ No D. There is convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. ❑ Yes ❑ No E. The proposed change is in accordance with the comprehensive plan and sound planning practices. ❑ GRANTING THE REZONING REQUEST Motion to grant the rezoning upon finding that the rezoning is reasonable based on All of the above finding of fact A-E being found in the affirmative and that the rezoning advances the public interest. LJ DENYING THE REZONING REQUEST Motion to deny the rezoning upon finding that the proposed rezoning does not advance the public interest and is unreasonable due to the following: ❑ The proposal will not place all property similarly situated in the area in the same category, or in appropriate complementary categories. ❑ There is not convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of the individual or small group. ❑ There is not convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) ❑ There is not convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. ❑ The proposed change is not in accordance with the comprehensive plan and sound planning practices. ❑ The proposed change was not found to be reasonable for a small scale rezoning. Page 5 of 5 STAFF REPORT t U / 0 \ 0 \ / ( \/_/ a 20 \ \/{\ "Q\ \/\2 Q) CL ® \/�� \ :s > \\/o = E§}_ - /0MM \% \\\ Eu bo cu \{o §� � a m c z / �\M\ E / 3 e t ° t ®5 \ ƒ \ ® » m \ 2 m0 ƒ3 m/±2 GJ \{ u0 /27a 2 / w c: ® e \0 /« b.0 -0 O N CU fl G (U O + @ N o U a) a) f6 N (13 : U '� -0 Z a j a) b0 0 _ � Q J Q O M -O � = III C � +� O ^ a1 G u O N 7 LL 0= CIA•,� O O L L O aI a) L u � L S �— U L Uco C $ k 0 Ln 0 _ CL / / Ln PPP Ya ¢ \_ I n�1 5 yy G\ � I tla s t �I a a z U > // 1 nl 11 // 1 1 11 11 11 II II r/ 1 1 11 / oRs 1 1 11 11 11. qya II I r 1 n 1 a 119 �1�4^FI 11��"a 111��ai Ilrv�=1\ s V A v nowol wN'NNnu NAAVHNNO Ntl9d IIA 101 ONV lOOAV'7 3119 a I 13 \ I \ I \ \ I \ \ \ I \ AA 6 ti G�m� R D p R �2 o �¢¢ ySy HAI�u ' P RC �4a `oh'eC _ pygyg r^41orp�ruo (( pp� au Lug p �OO Ek �eil �ao�f€bW north Carolina 1)UNN city of ilunn For Planning Department Use Only Case Number GZ 02 Date Received 1-F — Z Fee Paid - G C'.K SLh(3 Board Meeting 2t 20 City Council Meeting S1 t 212.0 CONDITIONAL ZONING APPLICATION OWNERSHIP INFORMATION: Applicant: 2020 Holdings, LLC Phone Number: (910 ) 630 - 2100 Applicant's Legal Interest in Property: OTP Contract Applicant's Address: 350 Wagoner Drive Fayetteville, NC. 28303 Property Owner: Lee Professional Park LLC Owner's Address: POB 1027 NC, 28335 Date Property Acquired: October 4, 2010 Deed Reference: Book _2791 Page 0795 Tax PIN Number: 1516 - 08 - 0033 .000 Size (Sq. Ft. or Acres) 9.39 Street Frontage (ft) 274' Location/Address: TBD Tilghman Drive Dunn, NC, 28334 Attach a legal description (Metes and Bounds Description) of the area requested. CONDITIONAL ZONING REQUEST: A. Existing Zoning: 01 Requested Zoning: B. Land Uses 1. Existing Land Uses: Developed for professional office nark 2. Use(s) Requested: Single Family Residential Number of Parking Spaces Provided: Driveway/Road Access: Existingoff ff Tilghman Drive 3. Existing or proposed land uses on all adjoining properties: North MF and 01 South O1 East West MF C. Statements of Justification: (City Code, Article IX of Chapter 22) Attach a statement justifying the following: 1) The use requested is listed among the conditional uses in the district for which the application is made. 2) The requested use is essential or desirable to the public convenience or welfare. 3) The requested use will not impair the integrity or character of the surrounding or adjoining districts, nor be detrimental to the health, morals, or welfare. 4) The requested use will be in conformity with the land development plan. 5) Adequate utilities, access roads, drainage, sanitation, and other necessary facilities have been or are being provided. 1. The Site is adjacent to I2IO and Multi -Family zoning to the East and West 2. The project will provide new construction single family homes at an affordable price. 3. The exterior elevations and finishes will complement the character of the adjoining districts and will influence health, morals and welfare in a positive manor. 4. The proposed project will be a good neighborhood buffer between the exsisting residential, Multi -Family and Office/Industrial uses. 5. Water, sewer and storm water management is existing in the project. INSTRUCTIONS FOR FILING A CONDITIONAL ZONING APPLICATION 1) A petitioner for a conditional zoning request must complete this application in full. This application will not be processed unless all information is provided. 2) Include the filing fee for each conditional zoning request, which is $500. 3) Include a site plan drawn to scale of the entire property and the location of each facility and the uses of the property. The site plan should include parking layout, required landscaping and specifications of installation/construction. 4) The justification statements under Item "C" should be typed or written legibly to answer each condition that applies to the request, Substantial weight is given to the answers provided. Please consider your answers carefully and be prepared to address your answers at each public hearing. 5) The application must be signed by the owner or by an authorized agent of the property requesting the conditional zoning change; the signature shall be notarized. 6) The Planning Board meets regularly on the fourth Tuesday of each month at 6:30 p.m.in the Dunn Municipal Building located at 401 E. Broad St., and shall make recommendations to the City Council on all conditional zoning requests. 7) The City Council meets regularly on the second Tuesday of each month at 7:00 p.m, in the Dunn Municipal Building located at 401 E Broad St., and is the approving authority for all conditional zoning requests. 8) This project is required to go through the commercial site plan review process. This request is for use approval only. In order to ensure specifications, meet the minimum standard(s) for the City of Dunn, a thorough review process must be performed. Reviewers may include, but are not limited to, Public Works, Planning, Inspections, the Fire Department, Environmental Health, etc. For additional information or assistance, call the Planning Department at (910) 230-3503. ADJOINING PROPERTY OWNERS (WITHIN 100 FEET OF REQUESTED CHANGE) NAME MAILING ADDRESS PIN NUMBER 1. Terra Firms Investments, LLC 2533 Umbria Ct Apex, NC 27502 1506 - 97 - 6941 .000 2. New Sand Hill Apartments, LLC POE 23589 Columbia, SC 29224-3589 1506.97 - 1993 .000 3. MSMS Real Estate, LLC 3650 Cape Center Dr Fayetteville, NC 8304 1506 - 98 - 6467.000 4. TQM Development, LLC 500 Old US 421 Dunn, NC 28334 1506 - 99 - 7325 .000 5. Mary Lou Hamilton 830 NC 82 Hwy Dunn, NC 28334 1516 - 08 - 2580.000 6. David Warren Moore 115 Pecan Lane Dunn, NC 28334 1516 - 08 - 2370.000 7. David Warren Moore I l5 Pecan Lane Dunn, NC 28334 1516 - 08 - 3127 .000 8. James Warren Heirs C/O Mary Lou 830 NC 82 Hwy Dunn, NC 28334 Hamilton 1516 - 07 - 5917.000 9. Charles R Stevens & Elizabeth P 188 Canterberry Dr Dunn, NC 28334 Stevens 1516 --n- 5601 .000 10. Tilglanan Medical Associates, LLC 801 Tilghman Drive Dunn, NC 28334 1516 - 07 - 2575 .000 11. Tilghman Medical Associates, LLC 1 801 Tilghman Drive Dunn, NC 28334 12, JUDD Holdings, LLC 1711 Tilghman Drive Dunn, NC 27278 1516 - 07 - 0553 .000 1506 - 97 - 8519 .000 OWNER'S C) RTIFICATION I (We) do hereby certify that: I am (We are) the owners or authorized agent of the property described in this application for conditional use permit and have attached copies of deed, title reports or other documents as proof of ownership. I (we) have read the conditional use procedures, requirements and have truthfully completed this application for a conditional use permit. I (we) understand that the filing fees are non-refundable; the process to review conditional use cases includes public hearing and review by both the Planning Board and the City Council. I (we) understand any action to approve our request is at the discretion of the Planning Board and the City Council and additional requirem_gnts-niapjae imposed as determined necessary. Date Sworn to and subscribed before me this_Z� day of MHA 201� . y� ��'��liliee.eP UClrtAr�'P �d;�h/.aNt7.C;t�;,• fill MtOO My Commission Expires: Adc�mo " J Notary Public DUNN or�h � � ,,,,�, I)UNN �N� All -America icaM4 v r 1,,�, All -America Clip 1 C City Council Agenda For 1 ® Meeting Date® May 12,2020 1989 * 2013 1989 2013 SUBJECT TITLE: Consideration of Ordinance to Demolish House — 610 E. Pope St. PIN #: 1516-74-1768.000 Presenter: Chief Building Inspector Steven King Department: Planning and Inspections Description: Ordinance to Demolish Property Attachment: MYes ❑ No Property History Pictures of Property Public Hearing Advertisement Date: 5/01/2020 & 5/05/2020 PURPOSE: a) Public Hearing: Consideration of Ordinance to Demolish House — 610 E. Pope St. PIN #: 1516-74-1768.000 The Public Hearing was advertised on May 1st, and May 51h, 2020. b) Purpose: Chief Building Inspector Steven King has conducted an inspection at 610 E. Pope St, and based upon his observations, the structure is unsafe and has been condemned in accordance with G.S. §160A-426. The Chief 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-432, the City Council has the power to proceed with the demolition of this property. Should Council decide to proceed with the demolition of the dwelling at 610 E. Pope St. an ordinance (which is attached) would need approval directing the Chief Building Inspector to remove or demolish said structure. BACKGROUND: BUDGET IMPACT: RECOMMENDATIONIACTION REQUESTED: Motion to adopt the ordinance directing the Building Inspector to proceed with the demolition of the dwelling located at 610 E. Pope St. (PIN #: 1516-74-1768.000) LEGAL NOTICE NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF DUNN, NORTH CAROLINA, UNDER AUTHORITY OF CHAPTER 160A, SECTION 364 OF THE GENERAL STATUTES OF NORTH CAROLINA, WILL HOLD A PUBLIC HEARING AT 7:00 P.M. ON MAY 12, 2020 IN THE COURTROOM OF THE DUNN MUNICIPAL BUILDING. THE FOLLOWING ITEMS WILL BE DISCUSSED: PUBLIC HEARING: (1) A HEARING WAS HELD ON MARCH 16, 2020 IN REFERENCE TO THE DWELLING LOCATED AT 307 W. JOHNSON ST. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160A-428. AN ORDER WAS ALSO PLACED TO OWNER(S), ANNIE P. MCNEIL TO REPAIR OR DEMOLISH SAID DWELLING. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE DWELLING REMOVED AND ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY. (2) A HEARING WAS HELD ON MARCH 16, 2020 IN REFERENCE TO THE DWELLING LOCATED AT 610 E. POPE ST. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160A-428. AN ORDER WAS ALSO PLACED TO OWNER(S), JOHN BYRDSOL, HEIRS, C/OL ELAINE JONES, TO REPAIR OR DEMOLISH SAID DWELLING. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE DWELLING REMOVED AND ALL COSTS INCURRED BE A LIEN AGAINST THE PROPERTY. ALL PERSONS DESIRING TO BE HEARD EITHER FOR OR AGAINST THE PROPOSED ITEM SET FORTH ABOVE ARE REQUESTED TO FOLLOW THE FOLLOWING PROCEDURES DUE TO COVID-19: PUBLIC ACCESS WILL BE LIMITED TO ONE (1) PERSON AT A TIME FOR IN -PERSON COMMENTS AT THE MAY 12, 2020 COUNCIL MEETING. COMMENTS FOR OR AGAINST THE PROPOSED ITEM WILL BE READ DURING THE PUBLIC HEARING, IF RECEIVED BY THE CITY CLERK BY 1:00 PM ON MAY 11, 2020. COMMENTS CAN BE CALLED IN TO (910) 230-3501 OR EMAILED TO TWILLIAMSna DUN-NC.ORG. TO CALL IN YOUR COMMENTS DURING THE PUBLIC HEARING, CONTACT THE CITY CLERK NO LATER THATN 1:00 PM ON MAY 11, 2020 FOR INSTRUCTIONS. THE MEETINGS CAN BE VIEWED — FACEBOOK LIVE — CITY OF DUNN, NC PAGE AND WILL BE ABLE TO HEARD OUTSIDE CHAMBERS FOR ANY PRESENTING IN PERSON. STEVEN KING CHIEF BUILDING INSPECTOR CITY OF DUNN Advertise: May I" and May 5th, 2020 city of dunn PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 o DUNN, NORTH CAROLINA 28335 (910) 230-3505 - FAX (910) 230-9005 www.dunn-ne.org r DUNN CITY COUNCIL John Byrdsol Heirs C/O Elaine Jones 2011 Corrinna St. Fayetteville, NC 28301 To Whom It May Concern: LOCATION OF DWELLING: 610 E. Pope St. (PIN #: 1516-74-1768.000) Mayor William P. Elmore, Jr. Mayor Pro Tem Chuck Turnage Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart Dr. David L Bradham City Manager Steven Neuschafer You are hereby notified that a Public Hearing will be held before the City Council of the City of Dunn at its Tuesday, May 12th, 2020 meeting at 7:00 pm at the City of Dunn Municipal Building, located at 401 E. Broad Street. Following the Public Hearing, the City Council will consider for decision, an ordinance to authorize the Chief Building Inspector to demolish said dwelling. This is the 30th day of April, 2020. . EE�? Steven King Chief Building Insp or, City of Dunn north Carolina city of dune POST OFFICE SOX 1065 • DUNN, NORTH CAROLINA 28333 (910) 230-3500 ^ FAX (910) 230-3590 www.dunn-ne.org PUBLIC NOTICE related to Regular Council Meeting Mayor William P. Elmore Jl Mayor Pro "rem Chuck Tumage Council Members J. Wesley Sills April Gaulden Frank McLean Billy Tart Dr. David L. Bradham City Manager Steven Neuschafer The public is hereby notified that the City Council of the City of Dunn will hold their regular meeting on Tuesday, May 12, 2020 at 7:00 p.m. in the Council Chambers of the Dunn Municipal Building, 401 E. Broad Street, Dunn, NC. Some members of the Council may be participating electronically. SPECIAL NOTICE REGARDING MEETING ACCESS DUE TO STATE OF EMERGENCY 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. The Council Meeting will be available for live public viewing on Facebook - The City of Dunn, NC page or the Public can call in to listen - contact the City Clerk at 910-230-3501 or tilliams@dunn-nc.org prior to Monday, May 11, 2020, 1:00 p.m. for instructions. Public access will be limited to 1 person at a time to make comment for Public Comment Period and Public Hearings Only. Audio will be available while waiting outside Council Chambers. Public Comment Period can be called or emailed in to the Clerk by Monday, May 11, 2020, 1:00 p.m. to be read at the meeting. The person must abide by all rules related to the Public Comment Period, provide name and address and abide by 3-minute time limit. The person may also call into the meeting to give their comments but they must call the City Clerk to sign up and receive instructions by the above stated time. Public Hearing - Comments can be called in or emailed to the Clerk by Monday, May 11, 2020, 1:00 p.m. and they will be read at the meeting during the Public Hearing. The call and email should include Name, Address and Public Hearing they are calling in reference to. The person may also call into the meeting to give their comments but they must call the City Clerk to sign up and receive instructions by the above stated time. Tammy Williams City Clerk 910-230-3501 twilliams@dunn-nc.org DUNN RII-A�elsa Bib /�°° r w4ore GO3JZ?lZt! 992Q,ffers 1989*2013 north caroling city of dunn POST OFFICE BOX 1065 ° DUNN, NORTH CAROLINA 25335 (910) 230-3500 • FAX (910) 230-3590 www.dutin-nc.org Mayor William P. Elmore Jr. Mayor Pro Tern Chuck Tonnage Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy N. Tart Dr. David L. Bradham City Manager Steven Neoschater AN ORDINANCE DIRECTING THE BUILDING INSPECTOR TO REMOVE OR DEMOLISH THE PROPERTY HEREIN DESCRIBED AS AN UNSAFE BUILDING CONDEMNED PURSUANT TO N.C.G.S. §160A-426, ET SEQ. WHEREAS, that on March 9th, 2020, the Chief Building Inspector for the City of Dunn sent a notice to John Byrdsol heirs c/o Elaine Jones., the owner(s) of record of structure located at 610 E. Pope St. 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 16th, 2020 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 16th, 2020 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 thirty (30) days of the date of such Order, being April 17111, 2020; and DUNN All-AmericaClt I 2T6re c0797fl n! mafterS a tY84 )}2�E} WHEREAS, the owner of the above described structure did not appeal the Order of the Building Inspector within the ten (10) day time period prescribed in North Carolina General Statute § 160A-430 and such Order is therefore a final Order; and WHEREAS, on May Is', 2020 and May 51h, 2020, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on May 12"', 2020 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 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 3rd, 2020 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: 610 E. Pope St. Dunn, NC 28334 PIN #: 1516-74-1768.000 PARCEL ID 4: 02151612150002 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 18`' day of March, 2020 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 a lien 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 5. This ordinance shall become effective upon its adoption. Adopted this 12t" day of May, 2020. William P. Elmore, Jr., Mayor Attest: Tanury Williams City Clerk north earolina 1WL_,/uNN city of duon PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 , DUNN, NORTH CAROLINA 28335 (910) 230-3505 - FAX (910) 230-9005 www.dtinn-ne.org PROPERTY HISTORY: 610 E. Pope St. (PIN #: 1516-74-1768.000) [Ward 41 Owner: John Byrdsol Heirs CIO Elaine Jones 2011 Corrinna St. Fayetteville, NC 28301 Overview: Mayor William P. Elmore, Jr. Mayor Pro Tem Chuck Turnage Council Members J. Wesley Sills April L. Oaulden Billy Tart Chuck Tumage Dr. David L Bradham City Manager Steven Neuschafer March 9, 2020 — Property condemned due to condition of dwelling on exterior and being vacate for a number of years. Notice of Hearing sent to property owner, John Byrdsol heirs/Elaine Jones. March 16, 2020 — Hearing held at the Planning and Inspections Department. Neither owner(s) nor any party in interest attended the hearing. March 18, 2020 — Order after Condemned Hearing notice allowing thirty (30) days for repairs or demolition of property sent to owner. Appeal letter sent with this notice informing John Byrdsol Heir/Elaine Jones of the appeal process if they desired to do so. March 28, 2020 — Ten (10) day time period for appeal expires. No appeal received. Al2ri117, 2020 —Allowed time period of thirty (30) days expires. Apri130, 2020 —Pictures taken and assessment done of property. No repairs or demolition has taken place at this time. Public Hearing notice posted on property. May 12, 2020 — Scheduled for City Council Meeting. March 10th. 2020 April 30th, 2020 4/30/2020 Harnett County Parcel Report Harnett �� COUNT_Y M0111 (A RO L(t;A 1516-74.1768.000 \creage: 1.000 LT ac ,d Acreage: 0.31 so Number: 200839000 BYRDSOL JOHN HEIRS & C/O ELAINE JONES Print this page Property Description: i LT 610 E POPE ST 90X140 Address: 2011 CORRINNA ST FAYETTEVILLE, NO 28301-0000 ierty Address: 610 E POPE ST DUNN, NO 28334 State, Zip: DUNN, NC, 28334 ding Count: 1 nship Code: 02 Tax District: Dunn Averasbom d Building Value: $34670 it Outbuilding Value : $0 it Land Value: $10000 it Special Land Value : $0 Value : $44670 ii Deferred Value: $0 Assessed Value: $44670 Harnett County GIS Neighborhood: 00212 Actual Year Bulh: 1919 TOtatAcufalAreafleated: 1244 Sq/Fl Sale Month and Year: 111919 Sale Price: $0 Dead Book & Page: 198-0282 Deed Date: 1919/01/16 Plat Book & Page: - Instrument Type; WD Vacant or improved: OualiOedCode: D Transferor Split Within dmi of Agriculture District: No Prior Building Value: $40100 Prior Outbuilding Value : $0 Prior Lend Value: $10000 Prior Special Land Value : $0 Prior Deferred Value : $0 Prior Assessed Value : $50100 gls.hamett.org/EgilApp/Parcels/ParceiReport.aspx?pin=1516-74-1768.000 1/1 DUNN IWU UNN 11111� City Council Agenda Form Meeting i SUBJECT TITLE: Consideration of Ordinance to Demolish House — 307 W. Johnson St. PIN #:1516-69-5687.000 Presenter: Chief Building Inspector Steven Department: Planning and Inspections Attachment: mYes ❑ No Public Hearing Advertisement Date: 5/01/2020 & 5/05/2020 Ordinance to Demolish Property Property History Pictures of Prooertv PURPOSE: a) Public Hearing: Consideration of Ordinance to Demolish House —307 W. Johnson St. PIN #: 1516-69-5687.000 The Public Hearing was advertised on May 1st, and May 5th, 2020. b) Purpose: Chief Building Inspector Steven King has conducted an inspection at 307 W. Johnson St. and based upon his observations, the structure is unsafe and has been condemned in accordance with G.S. §160A-426. The Chief 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-432, the City Council has the power to proceed with the demolition of this property. Should Council decide to proceed with the demolition of the dwelling at 307 W. Johnson St. an ordinance (which is attached) would need approval directing the Chief Building Inspector to remove or demolish said structure. BUDGET IMPACT: RECOMMENDATIONIACTION REQUESTED: Motion to adopt the ordinance directing the Building Inspector to proceed with the demolition of the dwelling located at 307 W. Johnson St. (PIN #: 1516-69-5687,000) City Of duxiii PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 ^ DUNN, NORTH CAROLINA 28335 (910) 230-3505 ^ FAX (910) 230-9005 www.dunn-nc.org ..,.. . •1.0ormnil COUNCILDUNN CITY Annie P. McNeil 606 N. Layton Ave. Dunn, NC 28334 To Whom It May Concern: LOCATION OF DWELLING: 307 W. Johnson St. (PIN #: 1516-69-5687.000) Mayor William P. Elmore, Jr. Mayor Pro Tem Chuck Tumage Council Members J. Wesley Sills April L. Gautden Frank McLean Billy Tart Dr. David L Bradham City Manager Steven Neuschafer You are hereby notified that a Public Hearing will be held before the City Council of the City of Dunn at its Tuesday, May 12th, 2020 meeting at 7:00 pm at the City of Dunn Municipal Building, located at 401 E. Broad Street. Following the Public Hearing, the City Council will consider for decision, an ordinance to authorize the Chief Building Inspector to demolish said dwelling. This is the 301h day of April, 2020. Steven King Chief Building Inspector, City of Dunn N city of Bunn POST OFFICE BOX 1065 ^ DUNN, NORTH CAROLINA 28335 (910) 230-3500 ^ FAX (910) 230-3590 wwwAunn-nc.org PUBLIC NOTICE related to Regular Council Meeting Mayor William P. Elmore Jr Mayor Pro Tern Chuck Tmnage Council Members J. Wesley Sills April Ciaulden Frank McLean Billy Tart Dr. David L. Bradham City Manager Steven Neuschafer The public is hereby notified that the City Council of the City of Dunn will hold their regular meeting on Tuesday, May 12, 2020 at 7:00 p.m. in the Council Chambers of the Dunn Municipal Building, 401 E. Broad Street, Dunn, NC. Some members of the Council may be participating electronically. SPECIAL NOTICE REGARDING MEETING ACCESS DUE TO STATE OF EMERGENCY 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. The Council Meeting will be available for live public viewing on Facebook - The City of Dunn, NC page or the Public can call in to listen - contact the City Clerk at 910-230-3501 or twilliams@dunn-nc.org prior to Monday, May 11, 2020, 1:00 p.m. for instructions. Public access will be limited to 1 person at a time to make comment for Public Comment Period and Public Hearings Only. Audio will be available while waiting outside Council Chambers. Public Comment Period can be called or emailed in to the Clerk by Monday, May 11, 2020, 1:00 p.m. to be read at the meeting. The person must abide by all rules related to the Public Comment Period, provide name and address and abide by 3-minute time limit. The person may also call into the meeting to give their comments but they must call the City Clerk to sign up and receive instructions by the above stated time. Public Hearing - Comments can be called in or emailed to the Clerk by Monday, May 11, 2020, 1.00 p.m. and they will be read at the meeting during the Public Hearing. The call and email should include Name, Address and Public Hearing they are calling in reference to. The person may also call into the meeting to give their comments but they must call the City Cleric to sign up and receive instructions by the above stated time. Tammy Williams City Clerk 910-230-3501 twilliams@dunn-nc.org DUNN pIl-Rleeeiea City I 2Tfiere 6-ORMff97 7naffers 1989*3013 north LUI.JUNN city of done POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3500 ^ FAX (910) 230-3590 www.dunn-nc.org Mayor William P. Elmore Jr. Mayor Pro Tem Chuck Turnage Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy N. Tart Dr. David L. Bradham City Manager Steven NCUschaler AN ORDINANCE DIRECTING THE BUILDING INSPECTOR TO REMOVE OR DEMOLISH THE PROPERTY HEREIN DESCRIBED AS AN UNSAFE BUILDING CONDEMNED PURSUANT TO N.C.G.S. §160A-426, ET SEQ. WHEREAS, that on March 91h, 2020, the Chief Building Inspector for the City of Dunn sent a notice to Annie P. McNeil., the owner(s) of record of structure located at 307 W. Johnson St. 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 161h, 2020 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 16th, 2020 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 thirty (30) days of the date of such Order, being April 17t11, 2020; and DUNN All-Amoriea Giry c�rmmunc maffers 19fl9 * no WHEREAS, the owner of the above described structure did not appeal the Order of the Building Inspector within the ten (10) day time period prescribed in North Carolina General Statute § 160A-430 and such Order is therefore a final Order; and WHEREAS, on May ls', 2020 and May 5"', 2020, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on May 12"', 2020 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 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 3rd, 2020 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: 307 W. Johnson St. Dunn, NC 28334 PIN #: 1516-69-5687.000 PARCEL ID #: 02151607330009 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 18t" day of March, 2020 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 a lien 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 Harriett 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 5. This ordinance shall become effective upon its adoption. Adopted this 121h day of May, 2020. William P. Elmore, Jr., Mayor Attest: Tammy Williams City Cleric 1111 IL north carolina UNN city of dunn PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 ^ DUNN, NORTH CAROLINA 28335 (910) 230-3505 < FAX (910) 230-9005 www.dunn-nc.org PROPERTY HISTORY: 307 W. Johnson St. (PIN #: 1516-69-5687.000) [Ward 21 Owner: Annie P. McNeil 606 N. Layton Ave. Dunn, NC 28334 Overview: Mayor William P. Elmore, Jr. Mayor Pro Tem Chuck Turnage Council Members J. Wesley Sills April L. Gaulden Billy Tart Chuck Turnage Dr. David L Bradham City Manager Steven Neuschafer March 9, 2020 — Property condemned due to condition of dwelling on exterior and being vacate for a number of years. Notice of Hearing sent to property owner, Annie P. McNeil. March 16, 2020 — Hearing held at the Planning and Inspections Department. Hearing was attended by Ms. Annie P. McNeil, Property Owner, Etta McNeil, and Slater Johnson, Building Inspector. Ms. Annie McNeil had no interest in having the property repaired and would like to have it demolished. March 18, 2020 — Order after Condemned Hearing notice allowing thirty (30) days for repairs or demolition of property sent to owner. Appeal letter sent with this notice informing Ms. Annie P. McNeil of the appeal process if she desired to do so. March 28, 2020 — Ten (10) day time period for appeal expires. No appeal received. April 17, 2020 — Allowed time period of thirty (30) days expires. April 30, 2020 — Pictures taken and assessment done of property. No repairs or demolition has taken place at this time. Public Hearing notice posted on property. May 12, 2020 — Scheduled for City Council Meeting. March 61h, 2020 April 301", 2020 4/30/2020 Harnett County Parcel Report Harnett C011NTY 110 ft1 t1 tARO 02151607330009 1516-695687.000 1: 0022666 Acreage: 1.000 LT so ad Acreage: 0,34 so Number: 203012000 MCNEILL ANNIE P Print this page Property Description: 1 LOT 606 N LAYTON AVE 100X150 :606 N LAYTON AVE DUNN, NC 29334-0000 ,any Address: 606 N LAYTON AVE DUNN, NO 28334 State, Zip: DUNN, NC, 28334 ding Count: 1 nship Code: 02 Tax District: Dunn Avemsboro it Building Value: $58470 �I Outbuilding Value : $320 .I Land Value: $20000 it Special Land Value : $0 Value : $78790 ,I Deferred Value : $0 Assessed Value: $78790 Harnett County GIS Neighborhood: 00209 Actual Year Built: 1973 TotalAcutalAreaffeated: 1344 Sq(Ft Sale Month and Year: 312020 Sale Price: $0 Deed Book & Page: 3796-0522 Deed Date: 2020/03/27 Plat Book & Page: - Instrument Type: WD Vacant or Improved: QuailDedCode:C Transfer or Split: Within 1mi of Agriculture District: No Prior Building Value: $64700 Prior Outbuilding Value: $200 Prior Land Value : $20000 _ Prior Special Land Value : $0 Prior Deferred Value : $0 Prior Assessed Value : $84900 gis.hamett.org/E911 App/Parcels/ParcelReport.aspx?pin=1516-69-5687.000 1 /1 fi. h1c" L-- - - W` D � U t N"" " N"" bAtd - City/ Council Agenda 11110. k e m. n. u 0 2013 SUBJECT TITLE: Server Buyout and Warranty Extension Presenter: Steven Neuschafer Administration Attachment: x Yes No Public Hearinq Advertisement Date: Invoices for buyout/warranty PURPOSE: To buyout current server lease and add a 1 year warranty on that equipment as a cost saving measure, while also making sure we are covered in the event our servers were to malfunction. BACKGROUND: The current Dell servers (which are maintained through our Harnett County IT contract) lease expires on May 30, 2020. To purchase new servers, the cost would be in excess of $100,000. In order to make a cost-efficient move, we are asking permission to buyout of the current lease rather than continuing to pay a monthly fee, which would essentially be renting the servers after the lease expired. This further ensures that our documents are properly and securely stored and retrievable. We are also asking to place a 1-year warranty on our current equipment to make sure that we continue to have coverage on all components at all times. This is Harnett County IT's best recommendation outside of purchasing all new servers. BUDGET IMPACT: The cost to buyout the lease and add 1 year warranty is $21,337.33 with $13,869.26 from the General Fund and $7,468.07 from the Water and Sewer Fund. RECOMMENDATIONIACTION REQUESTED: Motion to approve server lease buyout and purchase of a 1 year warranty at a cost of $21,337.33. Page 1 of 1 n PO Address: Dell Marketing, L.P. P.O. Box 149257 Austin, TX 78714 Quote For: Dell Marketing, LP P.O. Box 149257 Austin, TEXAS 78714 UNITED STATES Quote Term: 1 Year HARNETT COUNTY, NORTH CAROLINA (1 Year Quote) System 53506 153507 - Lillington, NC Date: February 07, 2020 Quotation #: QUO-1203632-K2L6 Valid Until: May 31, 2020 Prepared By: Carolyn Curran Customer: HARNETT COUNTY, NORTH CAROLINA 102 E Front St Lillington, NC 27546 US Proposed Contract Dates: Jun 01, 2020 - May 31, 2021 This quote is valid for 30 days unless otherwise stated. If this purchase is for your internal use and you do not have a separate agreement between you and Dell that specifically applies to this order, your order will be subject to and governed by Dell's Commercial Terms of Sale, which can be found at www.dell.comlterms, and which incorporate Dell's U.S. Return Policy, at wwwselloomlreturnpolicythotal. Please note In particular that Dell EqualLogic-branded products, Dell Compellent-branded products, DelIIEMC- and EMC-branded products, PowerVault ML6000 tape libraries, non -Dell -branded enterprise products, enterprise software, and customized hardware or software products may not be returned at any time. If this purchase is intended for resale and you do not have a separate agreement between you and Dell that specifically applies to this order, your order will be subject to and governed by Dell's Terms and Conditions of Sale for Persons or Entities Purchasing to Resell (or Reacher Terms of Sale), which can be found at www.dell.comltermshireseller. If your order includes services, then such services are subject to and governed by the applicable service descriptions and terms located at www.dell.comiservicecontracts. The foregoing applicable online terms are hereby incorporated by reference and available In hardcopy from Dell. You acknowledge having read and agree to be bound by such online terms. Ing, Taxes, and Additional Information lroduct, pricing, and other information is valid for U.S. customers and U.S. addresses only, and is based on the latest information '.table and may be subject to change. Dell reserves the right to cancel quotes and orders arising from pricing or other errors. ot tax on products shipped is based on your "Ship To" address, and for software downloads Is based on your "Bill To" address. ise Indicate any lax -exempt status on your PO, and fax your exemption certificate, including your Customer Number, to the Dell Department at 800-433-9023. Please ensure that your tax -exemption certificate reflects the correct Dell entity name: Dell keting L.P. Note: All tax quoted above is an estimate: final taxes will be listed on the invoice. If you have any questions arcing tax please send an e-mail to Tax_Department@dell.com. certain products shipped to end -users in California, a State Environmental Fee will be applied to your Invoice. Dell encourages omers to dispose of electronic equipment properly. For Information on Dell's Asset Recovery and Recycling Services please our webslte at www.delloomlassetrecovery. 'Anticipated Needs' far Software Expansion Licenses on the Quote are recommendations only and are based upon your active age Centers last Phone Home communication and does not guarantee that the number of recommended or purchased Software ansion Licenses is accurate or adequate to fulfill your actual requirements or needs. ➢rIl Ns,o m er CO mU,1,,tl0, Cunfdenllal 1 VSTMENTS, INC. 126 North Salina Street Suite 320 Syracuse, NY 13202 Phone: (315) 431-4676 www.ontinv.com Bill To: City ofDunn PO Box 1065 Dunn, NC 28335 Make Check Payable/Remit To: Ontario Investments, Inc, 126 North Salina Street Suite 320 Syracuse, NY 13202 Invoice Number: 76518 Contract Number Invoice Date Payment Terms Due Date L1904-3 3/31/20 Upon Receipt 3/31/20 Equipment Description: Dell Server Equipment on L1904 NC, Harnett 7% 4 ) A 1 INVESTMENTS, INC. DETACHAT PERFORATION AND RETURN WITH PAYMENT Make Check Payable/Remit To: Ontario Investments, Inc. 126 North Salina Street Suite 320 Syracuse, NY 13202 Amount 11,999 Subtotal : 11,999.00 Sales Tax : 839.93 Invoice Total : 12,838.93 Invoice Number : 76518 Contract Number : L1904-S Customer Name: City of Dunn Subtotal : 11,999.00 Sales Tax : 839.93 Invoice Total : 12,838.93 `11 DUNN . / 1 ,s All-America� CityI merica City 1CouncilAgenda d_ o r� 'Ye Meeting g Date: May A; Y SUBJECT TITLE: Audit Services Selection for City of Dunn Presenter: Jim Roberts Finance Director Department: Finance Attachment: X Yes No Description: Audit RFP Selection and BRC Proposal Public Hearina Advertisement Date: NIA PURPOSE: The City sent out a request for proposals to audit firms in an effort to select a firm to provide these services for the next three years. BACKGROUND: Each year the city contracts with a certified firm to provide audit services for the city. On March 17th we reached out to 22 Audit firms on the list provided by the Local Government Commission (LGC) and requested them to let the City know if they were interested in receiving a Request for Proposals for providing auditing services for the next three years for the City of Dunn. We received responses from 6 firms. Of these firms, all completed the RFP and were considered for services. One firm is brand new but includes experienced personnel on staff. The firms were from 6 different locations: Cary, (Dunn/Greensboro), Goldsboro, Lumberton, Raleigh, and Zebulon. Costs to provide services ranged from $19,500 to $24,500. All firms included the Audit (CAFR to be compiled by our staff), Financial Statement preparation, and AFIR. All firms will use an initial preparation in June and complete the work in September with all work finalized per LGC requirements and a presentation to our city council in November or a time we determine. This is a three year commitment and has a cost not to exceed included per LGC requirements. The firm we recommend is Bernard Robinson & Company. Their proposal was well presented, the Audit Team includes two licensed CPAs with substantial experience in municipal auditing. Their turnover rate for audit staff is exceptionally low (10% for the past three years). This firm not only provides audit services but they provide peer review of other municipal audit firms. With offices in Greensboro and Dunn, we believe their projected hours and costs to be the best value for the City. BUDGET IMPACT: The cost for this work is $22,500 and is included in our current and projected budget. There is not a substantial increase in expenses from last year for this work. RECOMMENDATION/ACTION REQUESTED: We recommend the Audit firm of Bernard Robinson & Company be approved to provide audit services for the City of Dunn for a three year term beginning with the 2019-2020 fiscal year. Audit firm Review Sheet 5/12/2020 Firm Name Application complete contact Person Location Bernard Robinson& Company Yes Benjamin R Ripple ' Dunn Joyce and Company yes Kelm Joyce Cary Nunn Brashear & Uzzell Yes Danna Layne Goldsboro Petway Mills & Pearson Yes Phyllis Pearson zebulon S Preston Douglass & Associates Yes Lee Grissom Lumberton Sharpe Patel yes Jay Sharpe Raleigh 5/12/2020 Firm Name Bernard: Robinson & Company Joyce and Company Nunn Brashear & Uzzell Petway Mills & Pearson S Preston Douglass & Associates Sharpe Patel Qualifications:: Education Technical qualifications Team All management is CPA with Performed a risk assessment Firm consists of 82 CPAS Two extensive hours of professional process by the firm for the City identified as working on our education Ail members of of Dunn. Drafting financials engagement AICPA - and performing audits for numerous Municipalities AICPA audit quality center, 25 Water/Sewer proprietary Two partners Identified one years municipal auditing funds, All staff are CPAs or senior manager and one staff experience, 146 hours of working toward a CPA accountant assigned to the government elated training designation Dunn Account Management Licensed NC CPA, assisted with financial 8 CPA AICPA, Staff assigned to Dunn statements, payroll, Tax forms include Audit manager, Senior 990 Board training. Accountant, Partner Education in accordance with Currently, they have Done the 25 staff, Realigning staff to standards proscribed by the audit for the City of Dunn for a include Phyllis Pearson CPA, NCSB of CPA examiners and number of years. Micha el Allen, Johnathan AICPA. 24 hours minimum in Glover, Ethan Bmtherton, all governmental auditing CPA candidates standards AICPA member, Extensive Skilled Fraud examiner, ITS Includes a partner and two continuing education In local system auditor. Tourism, managers, government finance including towns, cities, including yellow book, frauds, Annual Lumberton, Fairmont, government update. Marietta, Pembroke New Firm, team built from Experience with fraud auditing, Audit manager, Senior Staff, existing firms. Member of towns and cities Including staff, Partner to perform in AICPA and NC association of general fund and proprietary office reviews. CPAs Staff has 20 years funds. experience in governmental and not for profit organizations. Previously with the Office of the State Auditor. 5/12/2020 Firm Name Bernard. Robinson &: Company Joyce and Company Nunn Brashear & Uzzell Petway Mills & Pearson S Preston Douglass & Associates Sharpe Patel Experience Audit approach Hours Estimated Cities of Randleman, Candor, They will select the audit 128 Pleasant Garden, Kure Beach, + approach that is appropriate to Carolina Beach, Pilot Mountain the risk assessment. Three levels are identified. Apex, Knightdale, Zebulon, Standard government audit 175 Sanford, Broadway programs provided by Practitioners Publishing company, statistical sampling to test accounts, no computer audit specialists. Three year rotation for internal controls. Begin June 22 and work from there. Trial balance by September 30th. Wayne County, Princeville, hompson Reuters' PPC 115 Wayne transportation it program authority [Customized 15 municipalities, Bunn, to meet the City's 162 Scotland Neck, Locama, Begin in June with Wendell, Pikeville, River Bend, rk In September, Averasboro Tourism ion the week of 9/21/20 Multiple Towns and cities, Firm uses Practitioners 195 Lumberton, Maxton, Fairmont Publishing company for audit program and checklists. CaseWare's IDEA data software to perform statistical sampling. Audit fists are tailored for each City. Working with other Firms, Practitioners Publishing 189 Pittsboro, Benson, Kinston, Company, using unique Goldston, Holden Beach programs and risk assessment software allows each individual town to be customized as needed. Statistical Sampling and non statistical sampling. Sample sizes are related to risk. 5/12/2020 Firm Name cost Additional fees Bernard Robinson &'. $22,50000 Additional compliance audit If: $3,000.00 Company needed Joyce and Company $24,000.00 Included flnancial statement none preparation. No other costs expected. Nunn Brashear & Uzzell $23,450.00 Included Financial Statements Petway Mills & Pearson $19,500.00 Included financial Statement none preparation S Preston Douglass & $24,5(1 this included travel and are $3,000 for Single audit if Associates not to exceed amounts. needed Includes Financial Statement Preparation. Sharpe Patel $23,170.00 this includes Audit, assistance If work can be done in less in financial statements, time we will be charged less presentation to the board, travel costs, minor technical questions throughout the year and AFIR Proposal i' • t Services Cost Estimate For the Years Ending June 30, 2020 through 2022 Prepared for April 21, 2020 Item 1 ple, CPA, Partner )brccpa.com ghwoods Blvd, Suite 300 Toro, North Carolina 27410 t-4417 Com - ice' • • �•• • b r cw City of Dunn Proposal for Audit Services Cost Estimate Management Letter (Item 2)............................................................... 3 City's Staff Assistance (Item 3)............................................................ 3 Audit Timeline (Item 4).................................................................. 4-5 TechnicalReview............................................................................ 5 Audit Fees (Item 5)....................................................................... 5-6 Summary of Audit Costs Sheet (Item 7)................................................... 7 Page 2 City of Dunn Proposal for Audit Services Cost Estimate Management Letter (Item 2) Any material weaknesses or significant deficiencies identified for the City of Dunn's internal controls over financial reporting and on compliance and other matters related to GAS audits are required to be reported in a separate letter that is issued as part of your financial audit. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Management letters issued by the Firm will include any deficiencies that do not meet the requirements of a material weakness or significant deficiency and other operational suggestions identified during the audit for management's analysis and discussion. City of Dunn's Staff Assistance (Item 3) During the planning process of the engagement, the Firm will obtain a detailed understanding of the City of Dunn's internal control structure and overall accounting policies and procedures. From this understanding, the engagement team will determine the specific risks associated with the City of Dunn's financial statement audit that will be addressed during the audit. Through the determination of these risks, the Firm will develop a Prepared by Client ("PBC") list that is unique to the City of Dunn, requesting assistance from the City of Dunn in preparing for the audit. The Firm will review and discuss the PBC list with the City of Dunn's management to ensure complete understanding of the information being requested and the availability of the information to meet the City of Dunn's reporting deadlines. For the first year of the audit, the engagement team will plan on testing the opening balances of some of the most significant areas of the City of Dunn in June 2020. With the skills, qualifications and ability of the City of Dunn's staff, we will work with the City of Dunn to design workpapers to be prepared by your staff to ensure the most efficient audit possible to meet your deadlines, but only if determined that those schedules and reports used by the City of Dunn during their normal financial closing process would not provide the necessary audit evidence needed to opine on the City of Dunn's financial statements. Based on the assistance listed within the RFP, we do not believe the City of Dunn will need to provide additional assistance. However, if additional assistance is deemed necessary we will discuss prior to the start of the audit. Page 3 City of Dunn Proposal for Audit Services Cost Estimate Audit Timeline (Item 4) ® o Understand the City of Dunn and Your Organization: Identify processes and controls for material accounts and significant transaction cycles (including various federal and State award programs, if applicable). ✓ This also includes meeting with those in charge of governance to discuss the audit process and potential concerns that could impact the audit process. Assess Overall Controls:• Assign control and inherent risk factors to identified controls to assess risk of ✓ material misstatements. Determine Nature and Extent of Testing: Develop overall planning for risk of material misstatements ✓ identified during planning and steps to address those risks (including development of the PBC request list). Tests of Controls: Perform testing on various controls identified for material accounts and significant transaction cycles to support our planned assessments for control risk. This phase includes ✓ performing required compliance testing on major federal and state financial assistance programs as required by Single Audit, if applicable. Substantive Testing: Perform audit testing on information provided by the City of Dunn's personnel ✓ from the PBC requested workpapers and completion of the open compliance testing items. Management Wrap-up Meeting: Summarize and discuss potential control weaknesses and compliance findings identified during the audit (if any) to ensure ✓ all pertinent information has been reviewed and addressed. Review Draft Financial Statements with note disclosures and draft the audit reports and ✓ compliance section reports and schedules. Release of Final Financial Statements and Opinion: Face to face meeting to discuss various reports, ✓ management's responses to findings and any other open items. City of Dunn Proposal for Audit Services Cost Estimate Meeting with Management and the City of Dunn's Finance Committee and Board at end of audit, time to be determined: to discuss the audit results and reports issued. Technical Review In order to meet the City of Dunn's time line of starting the audit the middle of August and having the reviewing drafted financials statements with comments back to the City of Dunn by the middle of October, technical reviews of the workpapers and financial statements will occur throughout the week, as sections are completed. Audit Fees (Item 5) Financial Audit Fee Quotations Partner 3 3 6 12 $360 $ 4,320 Manager 4 12 8 24 240 5,760 Senior 8 40 4 52 185 9,620 Staff - 40 - 40 155 6,200 Direct Expenses 500 Total 15 95 18 128 $ 26,400 Less Discount (3,900) $22,500 Compliance Audit: Budgeting and pricing a compliance audit is difficult to do without knowing what potential programs would need to be audited. We have given an estimated price below of what our typical compliance audits cost. This price could go up or down depending on the complexities of the programs that need to be included in a compliance audit. Page 5 City of Dunn Proposal for Audit Services Cost Estimate Total all-inclusive maximum price: Base charge: Financial Audit Compliance Audit (if necessary) TOTAL Basis/methodoloev of fee ouote: Based on review of the City of Dunn's June 30, 2019 financial statements, discussion with the City of Dunn's management, and prior experience with similar Towns/Cities funds and grants we determined the engagement hours at our current billing rates. Higher cost associated with normal first year audit have been spread across the three-year contract. The above fees are based on current Firm policy to give governmental and not for profit clients an off-season discount from standard billing rates. Proposed fees are based on an anticipated increase each year not to exceed 5%, assuming no significant changes in the scope of the audit. Basis for determining fee quotes, which would be used in price negotiations after the initial three-year contract. Factors used in determinine anv increases or decreases: Engagement team will evaluate the total engagement hours associated with the audits (financials and compliance) and current billing rates to determine starting point for price negotiations. Engagement team and management then can sit down to determine how to potentially reduce engagement hours to reduce engagement fees, if deemed necessary. These fees for the audit of the City of Dunn include the following services • Financial statement audit. • Travel and other related costs. • Review of the annual financial statements and related notes. • Preparation of management letter (if applicable) and other required communications. • Meetings with the City of Dunn's management to discuss planning, progress of fieldwork, audit reports, letters and suggestions. • Meeting with the City of Dunn Council to present the results of the audit and review issued reports. • Year-round consultation provided that no significant time is involved to respond or develop a solution. Page 6 City of Dunn Proposal for Audit Services Cost Estimate Summary of Audit Costs Sheet 2020 2021 2022 1 Base Charge - Financial Audit $22,500 $23,500 $24,500 Includes Personnel costs, travel, and on -site work. 2 Base Charge - Compliance Audit (if necessary) 3,000 3,000 3,000 3 Extra Audit Service, $175 per hour - - - 4 Other (explain) travel reimbursements, etc. 5 Other (explain) - - TOTAL $25,500 $26,500 $27,500 BIDDER: Bernard Robinson 8 Company, L.L.P. Contact: Ben Ripple, Partner Address: 1501 Highwoods Blvd., Suite 300 Telephone: 336-294-4494 Greensboro, North Carolina 27410 Fax: 336-294-4495 Authorized Signature: / E-mail: bripple@brccpa.com Date: April21, 2020 By Signing above, I Certify that I have carefully read and full understand the information contained in this RFP; and that I have the capability to successfully undertake and complete the responsibilities and obligations of the Proposal being submitted and have the authority to sign Proposal on behalf of my organization. Page 7 I— - " 1 a M D 0"' ( 1 N' � N" " 11111� City Council Agenda Form 111W 1989 - I UBJECT TITLE: Award Engineering Contract for Stormwater, Sewer, Waterline, and Street Presenter: Steven Neuschafer, City Manager Department: Public Works/Public Utilities Attachment: X Yes No Description: Engineering Proposal, Project Maps 2017 Street Resurfacing Program Information Public Hearinq Advertisement Date: PURPOSE: To secure engineering services for a stormwater project along E. Bay Street (from Wilson to Clinton) and a stormwater project in the area of N. General Lee and W. Broad Street. Also included in the scope of work are waterline improvements on W. Broad Street, N. Watauga, and Lakeshore Drive; and sewer line improvements on N. Watauga. BACKGROUND: In 2014, Davis Martin Powell (DMP) evaluated the overall condition and capacity of a portion of the existing stormwater system and identified specific bottlenecks within the system where potential improvements in the system's flow conveyance would be most effective. In the area of General Lee and Broad, the stormwater pipe would be upsized to 36" stormwater pipe in order to convey more flow during heavy rain events. On E. Bay Street, the road is beginning to collapse as a result of the deteriorated stormwater pipe. Due to the condition of roadway, it is also recommended that E. Bay Street be resurfaced from Wilson to Clinton at the completion of the project. In an effort to evaluate infrastructure prior to resurfacing streets, we have identified that a 2-inch galvanized waterline will need to be replaced along N. Watauga from Broad to Vance Street and to meet current design standards, the waterline will need to be upsized to 6- inch. There is also approximately 450 linear feet of sewer main that is in poor condition that needs to be replaced. Since pavement patching on N. Watauga will be greater than 30% of the project, Davis Martin Powell's (DMP's) recommendation is to perform full depth reclamation of the street and pave. The asbestos cement waterline on Lakeshore Drive is approximately 60 years old and within the last several years, we have made fourteen (14) repairs. Due to the number of interruptions to customers, staff recommends replacing the 6- inch asbestos cement water line. BUDGET IMPACT: The stormwater improvements are estimated at $580,000 and the water & sewer improvements are estimated at $970,500. Recommend that the Finance Director solicit lending terms from local banks and bring a recommendation back to Council for financing $1,550,500 with the Water/Sewer fund and Stormwater fund paying the annual debt service. Recommended resurfacing is estimated at $665,000 and would be taken directly from the Powell Bill Fund. RECOMMENDATION/ACTION REQUESTED: Motion authorizing City Manager Neuschafer to solicit financing for $1,550,500 for stormwater, sewer, waterline and street repairs for Bay Street, General Lee and Broad, Watauga Avenue, and Lakeshore Drive and to execute an engineering agreement with Davis Martin Powell in the amount of $162,450 for engineering services related to these projects contingent upon the City receiving local financing. DAMS • MARTIN • POWELLdffip ENGINEERS & SURVEYORS April 27, 2020 Re: City of Dunn 2020 Street, Drainage, and Water System Improvements Engineering Services Proposal Mr. Vincent Washington, PWD Ms. Heather Adams, PUD City of Dunn PO Box 1065 Dunn, NC 28335 _ Dear Vincent and Heather: Davis • Martin • Powell & Associates (DMP) entered an Engineering Services Agreement on June 26, 2017 for Street Improvements planning, design, construction administration, and resident project representative services for a large list of streets located throughout the City. The Initial phase of this project was limited to the evaluation of 24 streets identified by Staff to determine anticipated improvements for each street and to develop initial conceptual budgets for improvements for each of the identified streets. In 2014, DMP, as part of a study partially funded by a grant application from the Division of Water Resources (DWR), evaluated the overall condition and capacity of a portion of the existing major stormwater conveyance systems within the City of Dunn. This study identified specific bottlenecks within the system where potential improvements in the system's flow conveyance would be most effective. Understanding the Project and Project Scope Utilizing the information from both of the studies, along with the Information presented by city staff and DMP staff at the recent Council Budget Retreat, the City desires to proceed with three (3) areas of street, drainage, and water systems improvements as presented In the table below. Area Brief Description Overall Project Budgets Bay Street Complete storm drainage, and Drainage Piping - $230,000 Wilson to Clinton resurface street Resurface - $165,000 General Lee Install 36" RCP and patch, (resurfacing not included) Drainage Piping and patching and Broad and water line improvements Pavement - $350,000 Water system imp $205,000 Watauga Replace 2" water line with Install 6" water main and renew Cumberland to Cole 6" water main, Replace sewer main between Broad services - $195,000 (resurface) Street and Harnett and resurface street with FDR Replace 8" sewer line, manholes and Broad to Vance from Cumberland to Cole services - $65,500 (water/sewer) Resurface - $500,000 (Cumberland to Cole) Lake Shore Drive 6" Water Line & Street Patching $340,000 Water Line $165,000 Patching DMP will conduct detailed site reviews and conduct limited surveying as necessary to provide a combination of GIS and survey based Construction Documents in adequate detail to show the needed Improvements. The Construction Documents will be utilized to procure competitive bids from construction contractors. Base maps will be developed T:336-886-4821 • F:336-886-4458 • License: F-0245 6415 Old Plank Road, High Point, NC 27265 • www.dmp-inc.com 2020 Street, Drainage, and Water System Improvements April27, 2020 Page 2 of 4 utilizing existing GIS data available along with data collected during on -site examinations. Extensive field surveying by DMP is not included as part of this proposal. Project Tasks Based upon the information provided, a summary of the project tasks we anticipate this project will include is as follows: ® Task 1: Final Engineering Design, Permitting and Bidding Services: — Conduct additional field investigations, and limited surveying to help identify critical drainage issues and to determine areas of pavement patch and the slopes and cross slopes of the pavement surfaces. — Develop construction plans, technical specifications and bidding documents. — Coordinate necessary permitting, if necessary. — Provide updated estimate of probable cost based on recent similar projects bids in other areas of the State. — Send out bid documents and respond to questions during the bidding process. Review bids and make recommendation on successful low construction bidder. — Permitting for water line upgrades through Public Water Supply — Erosion Control Permit Task 2: Construction Administration Services; Construction Administration services would include general engineering and office support during construction. — We anticipate that the project will be constructed under a single contract. — Conduct the Pre -Construction meeting and issue meeting minutes. — Review shop drawings and submittals from the Contractor. — Review and respond to requests for information (RFI's) from the Contractor. — Conduct regularly scheduled progress meetings and prepare meeting minutes. — Review change order requests. — Review monthly pay requests and forward to the City for approval. — Coordinate Contract Closeout, to include attendance at final inspection, review of final contract documents, and Engineer's Certification of project completion to the appropriate agencies. — Prepare Record Drawings from plan markups by the Contractor and Field RPR. One (1) hardcopy set of record drawings will be provided in addition to AutoCAD .dwg and .pcIf digital files. • Task 3: Resident Project Representative (RPR) Services: — The Scope includes a Resident Project Representative (RPR) during the construction period to review and observe work of the construction Contractor. The RPR will typically work either half or full days depending on the work being completed; — Coordinate schedules with the City and Contractor to provide a presence during key construction tasks; — Serve as the Engineers' site representative and will serve as field liaison between the Contractor and the City, attend job site meetings, etc.; — Review and observe field work, approve payment quantities, determine acceptability of work items, etc., for compliance with approved contract documents; — Keep a daily log describing the activities and construction progress of the Contractor for each site visit; — RPR shall report directly to the Engineer; — Assist the Contractor in maintaining records of deviations from construction drawings; — RPR shall have no authority regarding the following: • Authorization of any deviation from the contract documents or approval of any substitute materials or equipment; • Performance of any of the responsibilities of Contractor, subcontractors, or Contractor's superintendent; • Expediting work for the Contractor; • Advice or directions relative to any aspect of the means, methods, techniques, sequences, or procedures of construction unless such is specifically called for in the contract documents. 2020 Street Drainage, and Water System Improvements April 27, 2020 Page 3 of 4 Additional Services DMP has the capability to provide the following additional services, however at this time we have not included these services as part of our scope. If any of these services are desired or become a requirement of the project, additional fees will be negotiated. — Construction layout and staking — Material Testing — Geotechnical Analysis Additional (extra) services are defined as any work item not included in the above scope of services that are requested by the client or review agencies. Additional services will be billable at DMP Standard Billing Rates that are current at the time the extra work is identified. Any meetings not included in the scope of services will be considered extra. Extra work, including any adjustments to the Final Development Plan after approval will be identified either in writing or by verbal communication, but must be approved in writing by client before proceeding to perform such additional services. Project Fees Davis • Martin • Powell & Associates proposes to begin this project upon receipt of this signed amendment to complete the design and bidding work for the three areas as described above. Task Fee Type Task 1: Final Engineering Design, Permitting and Bidding $84,600 LS Task 2: Construction Administration $29,200 Hourly Task 3: Resident Project Representative (RPR) $48,650 Hourly TOTAL $162,450 The fee stated above, are based on the anticipated requirements and steps we will need to complete the scope outlined in this proposal based on similar projects. Additional design work due to site changes by the owner, any needed geotechnical analysis, or requirements imposed by any permitting agencies may require adjustments to this fee. Any changes to this fee budget will be reviewed and approved before additional cost is incurred. If needed, a breakdown of the Fees and Project Costs can be provided to assist the City of Dunn with securing a bank loan as necessary. These services will be provided as a Task under the 2019 On -Call Professional Services Agreement. Periodic invoices corresponding to the completed task outlined above will be sent at the beginning of each month, and payment will be due within 30 days. 2020 Street Drainage, and Water System Improvements April 27, 2020 Page 4 of 4 Summary If you have any questions, require additional information or would like to discuss our proposal in more detail, please let us know. If this amendment meets your approval, please return one signed copy to our office and we shall proceed with proposed design improvements and bidding service for the 3 areas described above. We appreciate the opportunity to provide these services, and look forward to the project moving through these Tasks to the construction phase of the project. Sincerely, DAVIS • MARTIN • POWELL & ASSOCIATES, INC Michael Goliber, PE Partner, Senior Project Manager (336) 819-5280, m¢oliber@dmn-inc.com C: File Accepted: City of Dunn, NC By: Date Title: Receipt of this proposal, including the Terms and Conditions and Schedule of Fees attached hereto, is hereby acknowledged and all of the terms and conditions contained therein are accepted. The individual(s) above hereby represent and warrant they have the full and complete authority to enter into this Agreement on behalf of their respective party. IIDMPIIVodlofflcelPAOPOSAI IDunn12010 streetdrainogewater Imp 12010 Street Dminage and Water system Improvements 2020-04-27 F)NAL.doce O C o 0 0 O 0 0 0 0 m C O O `� O 0 O O O 0 O Y O 6 CJ J O C ill O O Lr OI Q b0 O M Ui l0 O Lfl un O O O L<1 Ol to l0 v1 � O d' m ci — 'O N ri M N Ln ci ri M N y J m N O F- vl. C T O O b O O O O C O O O U O O O b O O O O O O o 0 pmp N O Ul h CO Ol W d" Vt Ol i C ti N N M ci N N � � Y C C O O Y O O O O C O O O O E v O O O C C O C O O O a Q m O O 3 CO O' 1, Q O IF M 3 Y H m W O Q (J G N O C O O C O C O O O2{ W O b C O O O Lr L' C O b W O. o va G O C O b G O O C O O a 0 0 o o 0 o c o w '�0 vbi o o <r rn x O N 10 Ln vl fV <t O m M m E Y O U N rl N N d' N N W � C w w O N a a m m b0 m O C C C c s m Q m V v 3 v a a `6 3 ao ai `0 a f6 3 ao m e m a c c =o m a LAPco �,� a c =a m a i v s m -c c on a c ao � v c m c uA -o N 3 wLo al m m 41 m m Y m U m dl V m Y d m m 7 3 vl m: 3 0 m a m a v TD :n O in i a m m 0 0 m Y oq m a m m C C O N � m m C Y y cl m pp m > N Q a c ° c j O c m m m M m m S O Y a v O N > m G m O d m a m Q N U O m N C N N C O W Ul N J m pp = O N OO m N N m >Y >N 0 City of Does -2012 Street Resurfacing Program DAVIS - MARTIN • POWELL with selected Reduced Scope Summary for selected streets E NO Ni R E A 8 U R V E Y O R B East Updated September 18, 2017 Up location Initial Repap Methods Initial Budget ReducedSmpe Repair Methods Reduced Scope Budget - Comments Clinton to Ma rile MITI, atch, tesu face $ 62,OW lust patch al lnteroatUms, no resurfacing S 46,00E Reduced smpe does not include milling or resurfacing Areet EHends fmm Rollingootl Retlal:n; pave 60,�0Reduce rB,..d McKay to General lee Mill, patch, resuface 3R,000 to 2 bloctrantl combine with S block of Ell6 Reduced smpe delays 3rd block repairsReduce Cumberland to Go.mille MITI, patch, tesurfam 830,M to 1 bleog and combine who 2 blocks of Bmad 0educetlscope delays repairs to other blocks of Ell is Combined 2 Ideas Bmad antl l block Ells 344,M swpe over, and meal, usioemlli, E-1, resurface MPalr methods Remove to Currituck claim, paw 219,9E0 0.01,C Ashe to Else. Drive Redalm, pave 1351O00 lam, A t,10I most d0erlorated areas and resurface neat Ash. Intersection 34,000 51gniRmnl MA hold , reduced sore does not indeed reclaim repair methods and does not Indude... oredog entire street Cart Cllnt.merwilaon Patch,,omu re 55.000 Omnge to General lee Patch. out rervdace seem CresNlem to end Redsm, pave 62,W0 Just patch most detedoaled areas, no mouldering 15,000 Reduced scope does not indeed¢ any indent repairs and does at include ramfocing entire street takeshere to Wade Patch, resurface 38,00p HIM to end Fedalr n, pav loB,WO Rococo] scope not provide doe toexuemelydetn-Mad some, candidan rKIM9 Payeuevllie to Railroad good, uMmhce 66,000 Maple to good pavement Patch, resurface 3RW0 Carr eo Johnson Patch, nomoloce 42,000 Cumberland to Pearsall Path, mill, recurs. 1]SMm SIMS Branch to Sampson PaRh, mill, moodoce 340,Wo Coordinate with NCDOT 195 PROJECT Cumberland to Pigeon, Patch, mill, resurface 156p30 Red.. to l block and add Curb&gutter W4pW Camomile with Enangles eSpring Bench to Pearsall Much, mill, remdam 111,W0 Wcknow Cumberland to Brand Patch, mill, rooms se'" Moon Saturn to end Storm pyn,"0' n'p've 601001 Bridge On Johnson Street Remove pavement, wedge, meoface 4BFO9 No change lsswpe 42,. No redm1m. In.rope Steepiechaze KIM. entl Poa[:m, p.:e 140,030 Reduced scope not provided clue to extremely det loraled Ar.moordidw. Washington Elm to Godwin Mill, patch, Jesurface 199,00 Rude-smpe to 1 black, Duke to Godwin using miq patch, ModMe el methods 102,00E Reduced scope lndedes delaying repairs to the, blocks WKHMM Merry to Mardi,' Palch mill, owm%1. 661" Wilson Edgerton to Hamett P.Boomill, ¢smut¢ 119,ex, Total late.$Cansepluai Budget 3,672,000 Reduced Scope Conaepuwl Budget 6B;Oo0 sloe¢. repairs wen nmn.r on Pal memous as comr moe0 aoove on veoa un of mm VIIT VY U NN 2017 PAVING PROGRAM EXHIBIT Legend -- re.aas Jcanmea,w,n N ---aoposee I.", MunWpal Boundary PYwae Mr Fml —O CMP;dmp. m „ DUNN D All -America City City Council Agenda Meeting 1989+2013 SUBJECT TITLE: Designate Delegate to Vote on NCLM Board of Directors Presenter: City Manager Neuschafer Deoartment: Administration Attachment: X Yes No Description: Information from NCLM Delegate Public Hearing Advertisement Date: PURPOSE: Due to the CityVision 2020 annual conference of the NC League of Municipalities being cancelled due to Covid-19, they have asked all their members to designate a voting delegate to cast a vote for the Leagues' Board of Directors. The designee will receive their credentials and voting instructions on or before May 15th and must vote between May 20th and May 25th, BACKGROUND: BUDGET IMPACT: RECOMMENDATIONIACTION REQUESTED: Motion to appoint a designee (Mayor Elmore, Council Member or City Manager Neuschafer) to vote for the NCLM's Board of Directors on behalf of the City of Dunn. Tammy W. Williams From: Karen Waddell, NC League of Municipalities <kwaddell@mail.nclm.org> Sent: Thursday, April 23, 2020 2:21 PM To: Tammy W. Williams Subject: (External] Identify Your Town's NCLM Voting Delegate April 23, 2020 Hello everyone As you may already know, the League's CityVision 2020 annual conference has been cancelled in response to the state's Coronavirus response. Instead, we will hold the event virtually in two parts - the first part includes the annual business meeting on May 28th where the new Board of Directors will be announced. You are receiving this email because each member municipality is eligible to cast a single vote for the League Board of Directors in advance of the annual business meeting. To do this, each member municipality shall designate one voting delegate. The electronic voting process and timeline is as follows • The designated voting delegate shall receive their credentials and voting instructions on or before May 15th, 2020. • The appointed voting delegate shall vote on the slate of candidates via electronic means between May 20 — May 25, 2020. • The election results shall be presented via electronic means at the Business Meeting on May 28, 2020. If you have any questions or need assistance, please feel free to contact me at kwaddell(@ncIm.Org or (919) 715-0950. Best, Karen KAREN WADDELL Public and Government Affairs Coordinator p 919-715-0950 e kwaddell(a)nclm.org 434 Fayetteville Street, Suite 1900, Raleigh, NC 27601 www.ncim.org Stay Connected with the North Carolina League of Municipalities: SUBSCRIBER SERVICES: Manage Subscriptions I Help This email was sent to twilliams@dunn-nc.org using GovDelivery Communications Cloud, on behalf of: North Carolina League of T Municipalities 434 Fayetteville Street, Suite 1900, Raleigh, INC 27601 Phone: (919) 715-4000 g®V®ELIVERY DUNN D � 3 Council e i . ; Agenda p r l 1989+2013 Meeting Date-, May 12,2020 SUBJECT TITLE: Approval of Loan Acceptance Resolution and Water Distribution R Capital Project Ordinance Presenter: Jim Roberts/Heather Adams Finance Director/Public Utilities Director Department: Finance/Public Utilities Attachment: X Yes No Description: Capital Project Ordinance, Resolution Public Hearinq Advertisement Date: N/A Offer & Acceptance Documents PURPOSE: Adoption of.a Water Distribution Rehabilitation Project Capital Project Ordinance and to approve acceptance of the Federal Drinking Water State Revolving Fund Loan offer in the amount of $875,750. BACKGROUND: The Public Utilities Department has identified the Erwin Road Area and East Wake Street Water Distribution Rehabilitation Project and applied for State/Federal funding for this work. The Project includes the abandonment of the 14" (Dunn -Erwin Road Area) and 2" waterline (E. Wake Street) and construction of new waterlines for the connectivity of the water distribution system. The funding for this project comes from the Federal Drinking Water State Revolving Fund (DWSRF). This work has been approved by the State of North Carolina with a budget estimate of $893,750 which includes engineering/administration, construction, contingency and the loan closing fee, The work will be funded by the Water/Sewer fund and reimbursed by the DWSRF loan. We will set up a fund to track all expenses and report quarterly to the Government Loan Division as required. The budget for this work will be included in all budget documents provided to the City Council. The attached Capital Project Ordinance and the Offer Acceptance Resolution are documents required by the Division of Water Infrastructure for loan acceptance. BUDGET IMPACT: The total budgeted cost for this work is $893,750 and will be included in our projected budgets. The $875,750 Loan will be financed for 20 years at 1.89% with a repayment amount of approximately $53,700/year. Payments will begin in the 2021/2022 budget year. RECOMMENDATION/ACTION REQUESTED: Motion to approve the Capital Project Ordinance and to accept the Federal Drinking Water State Revolving Fund Loan in the amount of $875,750 for work to be completed related to project number H-SRF-F-20-1977, Erwin Road Area & East Wake Street Water Distribution Rehabilitation Project. Mayor north Ca.Pojina. William P. Elmore Jr. NNMayorPro Tent Chuck Turnage Council Members city O P d A 11 ri J. Wesley Sills April L. Gaulden Frank McLean POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 Billy Tart (910) 230-3500 • FAX (910) 230-3590 Dr. David L. Bradham www.dtinn-ne.org City Manager Steven Neuschafer RESOLUTION BY GOVERNING BODY OF APPLICANT WHEREAS, the Safe Drinking Water Act Amendments of 1996 and the North Carolina Water Infrastructure Fund have authorized the making of loans and/or grants, as applicable, to aid eligible, drinking - water system owners in financing the cost of construction for eligible, drinking -water infrastructure; and WHEREAS, the North Carolina Deparment of Environmental Quality has offered a Federal Drinking Water State Revolving Loan for the construction of a Water Distribution System Rehablitation Project (Erwin Road Area 14-inch Waterline Abandonment & East Wake 2-inch Waterline) in the amount of $875,750, herafter referred to as the "Project"; and WHEREAS, The City of Dunn intends to construct said Project in accordance with engineering plans and specifications that have been or will have been approved by the North Carolina Public Water Supply Section. NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUNN: That the City of Dunn does herby accept the Federal Drinking Water State Revolving Fund Loan offer in the amount of $875,750; and That the City of Dunn does herby give assurance to the North Carolina Department of Environmental Quality that they will adhere to all applicable items specified in the standard "Conditions" and "Assurances" of the Department's funding offer, awarded in the form of a Federal Drinking Water State Revolving Fund Loan; and That Steven Neuschafer, City Manager for the City of Dunn, 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; and That the City of Dunn has complied substantially or will comply substantially with all Federal, State and Local laws, rules, regulations, and ordiances applicable to the Project, and to Fenderal and State grants and loans pertaining thereto. Adopted this the 121h day of May, 2020 in the City of Dunn, North Carolina. William P. Elmore, Jr., Mayor The undersigned duly qualified and acting City Clerk of the City of Dunn does hereby certify: That the above/attached resolution is a true and correct copy of the resolution authorizing the filing of an application with the State of North Carolina, as regularly adopted at a legally convened meeting of the City Council of the City of Dunn duly held on the 122h day of May, 2020; and, further, that such resolution has been fully recorded in the journal of proceedings and records in my office. IN WITNESS WHEREOF, I have hereunto set my hand this 121h day of May, 2020. (Signature of Recording Officer) City Clerk (Title of Recording Officer) w nmun mo�%rs City of Dunn Water Distribution Rehabilitation Project Capital Project Ordinance Be it ordained by the Governing Board of the City of Dunn, North Carolina, that pursuant to Section 13.2 of Chapter 159 of the North Carolina General Statutes, the following Capital Project Ordinance is hereby adopted: Section 1: The capital project herein authorized "Erwin Road Area (14-inch Waterline Abandonment) & East Wake Street (2-inch Waterline) Water Distribution Rehabilitation Project" is for the construction and/or installation of drinking water infrastructure, to be financed by Federal Drinking Water State Revolving Fund (DWSRF). Section 2: The officers of this unit of local government are hereby directed to proceed with the Project within the terms of the Board resolution, loan documents, and the budget contained herein. Section 3: The following amounts are appropriated for the Project: Construction $652,500 Engineering/Administration $158,000 Contingency $65,250 Loan Closing Fee $18,000 TOTAL $893,750 Section 4: The following revenues are anticipated to be available to complete the Project: Federal DWSRF Loan City of Dunn $875,750 $ 18,000 Section 5: The Finance Officer is hereby directed to maintain within the Capital Project Fund sufficient, specifically detailed accounting records to satisfy the requirements of the funding agency, the funding agreements, and the federal regulations. The terms of the bond resolution also shall be met. Section 6: Funds may be advanced from the General Fund for the purpose of making payments as due. Reimbursement requests should be made to the funding agency in an orderly and timely manner. Section 7: The Finance Officer is directed to report, on a quarterly basis, on the financial status of each Project element in Section 3 and on the total grant/loan revenues received or claimed. Section 8: The Budget Officer is directed to include a detailed analysis of past and future costs and revenues on the Project in every budget submission made this Board. Section 9: Copies of this Capital Project Ordinance shall be furnished by the Clerk to the Governing Board, and to the Budget Officer and the Finance Officer for direction in carrying out the Project. Duly Adopted this the 121h day of May, 2020 (Seal) Attest: Tammy William, City Clerk William P. Elmore, Jr., Mayor ROY COOPER Governor MICHAEL S. REGAN Secretary Kim H. Colson Director Mr. Steven Neuschafer, Manager City of Dunn Post Office Box 1065 Dunn, North Carolina 28335 Dear Mr. Neuschafer: NORTH CAROLINA Environmental Quality April 17, 2020 Subject: Offer & Acceptance Documents for Federal DWSRF Loan DWI Project No.: WIF-1977 Project Scope: Erwin Road Area (14-inch Waterline Abandonment) & East Wake Street (2-inch Waterline) Water Distribution System Rehabilitation Project: 1) Abandon in place (cut, plug and grout) approx. 3,000 LF of an existing 14-inch main (presently situated underneath houses & businesses) in the Erwin Road area (to maintain their structural integrity); 2) Tie-in existing, remaining sections of distribution system in this area with approx. 1,150 LF of proposed 6-inch mains, and; 3) Replace approx.1,000 LF of 2-inch main along East Wake Street with proposed 6-Inch mains The City of Dunn have been approved for loan assistance from the North Carolina Drinking Water State Revolving Fund (DWSRF). Accordingly, enclosed are two (2) copies of an "Offer -and -Acceptance" document extending the City of Dunn a funding award in the amount of $875,750. This offer is made subject to the Assurances and Conditions set forth in the Offer -and -Acceptance document. Please submit the following items to the Division of Water Infrastructure (DWI), 1633 Mail Service Center, Raleigh, North Carolina 27699-1633, as soon as they are prepared: 1. A resolution adopted by the governing body accepting the loan offer and malting the applicable assurances contained therein (see sample copy, attached); 2. One (1) original copy of the "Offer -and -Acceptance" document, executed by the Project's designated Authorized Representative, along with the signed "Acknowledgement of Standard Conditions and Assurances" for federal SRF loans. Retain the other executed, original copy for your files; 3. The Federal Identification Number and DUNS Number of the Applicant (Memo attached); and 4. A Sales -Tax Certification Form (sample copy attached). The Site Certification and a Capital Project Ordinance for a budget ordinance covering the subject project) must be provided to DWI before disbursements can begin. For further assistance, please see the enclosed Guidance Document for a complete list of those items due no later than the project's first reimbursement request. puMm a41 WMry 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 Reimbursement requests (printed sample form enclosed with this transmittal) for drinking -water projects should be forwarded to Teresa Tripp at the address noted below (see the footer on the first page of this transmittal letter). A reference copy of this request form has been enclosed for your convenience, Once construction of the subject project has commenced an updated fully -completed current and signed/dated copy of our Reimbursement Request form must be submitted with all reimbursement reouests. You are fine to reproduce this form should additional copies be needed, On behalf of the Department of Environmental Quality, I am pleased to make this offer of State Revolving Loan funds, made available by the North Carolina Water Infrastructure Fund. Sincerely Z4 - Kim H. Colson, P.E., Director Division of Water Infrastructure, NCDEQ Enclosures: Loan/Grant Offer -and -Acceptance Document (two copies) Resolution to Accept Loan Offer (suggested format) Federal ID & DUNS Number Request Memo Sales -Tax Certification Form Reimbursement Request Form Guidance Document Site Certification Capital Project Ordinance (sample) cc: Rick Rodin, P.E., Withers-Ravenel, Consulting Engineer (Wilmington NC office) Jennifer House / DWI (w/o attachments) Michelle McKay / DWI (w/o attachments) DWSRF Project File/Scan: (COM - LOX) r North Carolina Department of Environmental Quality I Division of Water infrastructure 512 N. Salisbury Street 11633 Mali Service Center I Raleigh, North Carolina27699-1633 919,707.9160 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER INFRASTRUCTURE Funding Offer and Acceptance I Legal Name and Address of Award Recipient (Applicant) City of Dunn Post Office Box 1065 Dunn NC 28335 Fun di Pro ram Project Number: Project Number: CFDA Number: H-SRF-F-20-1977 N/A 66.468 ng g Drinking Water ® Wastewater ❑ Additional Amount for Funding Increases Previous Total Total Offered State Revolving Fund (SRF) ® State Reserve Loan (SRP) ❑ State Reserve Grant(SRP) ❑ State Emergency Loan (SEL) ❑ Asset Inventory & Assessment Grant (AIA) ❑ Merger/Regionalization Feasibility Grant (MRF) ❑ $875,750 I Project Description: Erwin Road Area (14-inch Waterline Abandonment) & East Wake Street (2-Inch Waterline) Water Distribution System Rehabilitation Project: 1) Abandon In place (cut; plug and grout) approx. 3,000 LF of an existing 14-Inch main (presently situated underneath houses & businesses) In the Erwin Road area (to maintain their structural Integrity); 2) Tie-in existing, remaining sections of distribution system in this area with approx. 1,150 LF of proposed 6-inch mains, and, 3) Replace approx. 1,000 LF of 2-Inch main along East Wake Street with proposed 6-inch mains Total Financial Assistance Offer: 875,75 Total Project Cast: $893,750 Estimated Closing Fee*: $17,515 For Loans Principal Forgiveness: $ . 0 - Interest Rate (Per Annum): 1.89% Maximum Loan Term: 20 Years "Estimated closing fee calculated based on total grant and/or loan amount(s). 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 - ' - ------------ ...... i--------- __-----...-- Signature Date On Behalf of: City of Dunn Name of Representative In Resolution: Mr. Steven Neuschafer Title (Type or Print): City Manager 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 !.L aw_ n.....................A ♦L.o C+�nrl�rrl ('nnrlitinnc WIM Me n»u"anw.. ..�... ............. .. ....._._._.._. Signature Date I STANDARD CONDITIONS FOR FEDERAL SRF LOANS I 1. The following super cross -cutters apply to SRF projects and maybe found in the Public Policy Requirements section of the EPA General Terms and Conditions for each year's appropriation. This document can be found at www.epa eov(ogd/tc.htm. Please note that nothing is submitted to the State's SRF program offices regarding compliance with these Items. (a) Title VI of the Civil Rights Act of 1964 (b) Section 504 of the Rehabilitation Act of 1973 (c) The Age Discrimination Act of 1975 (d) Section 13 of the Federal Water Pollution Control Act Amendments of 1972 2. Acquisition of Real Property must comply with all applicable provisions of the Uniform Relocation and Real Property Acquisition Policies Act of 1970 (PL 92-646), as amended. The Applicant shall certify it has or will have a fee simple, or such other estate or interest in the site of the project, including necessary easements and rights -of - way, to assure undisturbed use and possession for purposes of construction and operation for the estimated life of the project using a certification form provided by the Department of Environmental Quality (DEQ). 3. Specific MBE/WBE "disadvantaged businesses enterprise" (DBE) forms and instructions are provided, which are to be included in the contract specifications. These forms will assist with documenting positive efforts made by the Applicant, their consultant(s) and contractor(s) to utilize DBEs. Such efforts should allow DBEs the maximum feasible opportunity to compete for subagreements and subcontracts to be performed. Documentation of efforts made to utilize DBE firms must be maintained by the Applicant and their construction contractor(s), and made available upon request. 4. The Applicant shall comply fully with Subpart C of the Code of Federal Regulations (CFR), Chapter 2, Part 180, entitled, "Responsibilities of Participants Regarding Transactions Doing Business with Other Persons," as implemented and supplemented by 2 CFR Part 1532. The Applicant is responsible for ensuring that any lower -tier covered transaction, as described in Subpart B of 2 CFR Part 180, entitled "Covered Transactions," includes a term or condition requiring compliance with Subpart C. The Applicant Is responsible for further requiring the Inclusion of a similar term or condition in any subsequent lower -tier covered transactions. The Applicant may access suspension and debarment information at: http•//www.sam.ggv. This system allows applicants to perform searches determining whether an entity or individual is excluded from receiving Federal assistance. S. The construction contract(s) require(s) the contractor to adhere to the Davis -Bacon and Related Acts Provisions and Procedures, as listed in the Code of Federal Regulations, Chapter 29, Part 5, Section 5 (29 CFR 5.5). Public Law pertaining to this is also enacted in Title 40, United States Code, Subtitle 11 Section 3141 through Section 3148. 6. As required by H.R. 3547, "Consolidated Appropriations Act, 2014" Section 436, Division G, Title IV, this project is subject to the federal "American Iron -and -Steel" provisions. The State provides detailed requirements, to be included in the construction contract specifications. ASSURANCES 1. 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 of Water Infrastructure. The Applicant acknowledges that in the event a milestone contained within the most recent Drinking Water State Revolving Fund Intended Use Plan and/or the Letter of Intent to Fund is missed, the Department of Environmental Quality will rescind this Funding Award Offer. 2. The Applicant is responsible for paying for those costs that are ineligible for SRF funding. 3. 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. 4. As of the acceptance of this Funding Award Offer, Steps "A-D" In the "North Carolina SRF Program Overview and Guidance (SRF Guidance Document enclosed with the Funding Award Offer) will be complete. These Assurances, likewise, incorporate the most recent version of the SRF Guidance Document, and the Applicant hereby certifies by accepting this Funding Award Offer that it will adhere to the subsequent steps In the SRF Guidance Document. The remaining steps generally govern project design, bidding, contracting, inspection, reimbursements, close-out and repayment. S. The Applicant will provide and maintain adequate engineering supervision and inspection. 6. The Applicant 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 these records will be retained and made available for a period of at least three (3) years following completion of the project. 7. All SRF 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 Applicant's compliance with the "Standard Conditions" of this Funding Award Offer. The Applicant agrees to make prompt payment to Its contractor, and to retain only such amount as allowed by North Carolina General Statute. 8. The Applicant will expend all 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 the State is not a party to the construction contract(s) and the Applicant is expected to uphold its contract obligations regarding timely payment. Acknowledgement of Standard Conditions and Assurances The Applicant hereby gives assurance to the Department of Environmental Quality that the declarations, assurances, representations, and statements made by the Applicant in the Application; and all documents, amendments, and communications filed with the Department of Environmental Quality by the Applicant in support of its request for financial assistance, will be fulfilled. .......... _.......................... .............. Signature Date bcftd I- - " Lgb h —U'- D � 0 " ( " N " � N"" blatild 1111V City Council Agenda Form Meeting ,a � SUBJECT TITLE: Set Meeting Date for Budget Workshop Presenter: City Manager Neuschafer Department: Admin Attachment: Yes No Description: Public Hearino Advertisement Date: PURPOSE: To set a Special Called meeting of the Council for a Budget Workshop for the FY 2020-2021 Budget. BACKGROUND: BUDGET IMPACT: RECOMMENDATIONIACTION REQUESTED: Motion to set Special Called Meeting for Budget Work Shop for Tuesday, May 19, 2020 at 1:00 p.m. in Council Chambers. DUNN MDUINN V City Council Agenda Form Y y Meeting Date-, May 12, 201l'o SUBJECT TITLE: NC Department of Transportation Sidewalk Agreement 1.5986B Presenter: Mathew Boone, Asst. City Manager Department: Administration Description: NCDOT Sidewalk Construction Agreement, Attachment: X Yes No NA-„„ Public Hearinq Advertisement Date: NA PURPOSE: To agree to share costs associated with constructing new sidewalks to be built during the 1-95 Widening project. BACKGROUND: NCDOT has agreed to construct sidewalk as prescribed in various NCDOT policies as part of their construction project. BUDGETIMPACT: This project will be completed at the expense of the NC Department of Transportation. Construction costs will be on an 80% NCDOT and 20% City of Dunn shared match. The estimated minimum cost will be $16,112 and is subject to change, however this municipal agreement program represents a significant cost savings for the City. RECOMMEN DATIONIACTION REQUESTED: Motion to authorize City Manager Neuschafer to execute the Transportation Improvement Project - Municipal Agreement with Sidewalk ID # 9312 between the City of Dunn and the NC Department of Transportation for the shared construction costs associated with sidewalks in NCDOT project 1-5986B. NORTH CAROLINA TRANSPORTATION IMPROVEMENT PROJECT — MUNICIPAL AGREEMENT WITH SIDEWALK HARNETT COUNTY DATE: 4/14/2020 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION AND WBS Elements: 47532.3.3 CITY OF DUNN THIS MUNICIPAL AGREEMENT is made and entered into on the last date executed below, by and between the North Carolina Department of Transportation, an agency of the State of North Carolina, hereinafter referred to as the "Department" and the City of Dunn, a local government entity, hereinafter referred to as the "Municipality". WITNESSETH: WHEREAS, the Department has plans to make certain street and highway constructions and improvements within the Municipality under Project 1-5986B, in Harnett County; and, WHEREAS, the Department and the Municipality have agreed that the municipal limits, as of the date of the awarding of the contract for the construction of the above -mentioned project, are to be used in determining the duties, responsibilities, rights and legal obligations of the parties hereto for the purposes of this Agreement; and, WHEREAS, this Agreement is made under the authority granted to the Department by the North Carolina General Assembly, including but not limited to, the following legislation: General Statutes of North Carolina (NCGS), Section 136-66.1, Section 160A-296 and 297, Section 136-18, and Section 20-169, to participate in the planning and construction of a Project approved by the Board of Transportation for the safe and efficient utilization of transportation systems for the public good; and, WHEREAS, the parties to this Agreement have approved the construction of said Project with cost participation and responsibilities for the Project as hereinafter set out. NOW, THEREFORE, the parties hereto, each in consideration of the promises and undertakings of the other as herein provided, do hereby covenant and agree, each with the other, as follows: Fce7»61Ado1:491Z61l1X" 1. The Project consists of widening 1-95 to eight lanes and improve interchanges at 1-95 AT US 421 (EXIT 73) and SR 1793 (EXIT 72) in Harnett County Agreement ID # 9312 2. At the request of the Municipality, and in accordance with the Department's Pedestrian Policy Guidelines and Complete Streets Policy, the Project will include construction of sidewalk on SR 1793 on the Spring Branch (West) side of 1-95 and through the roundabout on both sides of 1-95, US 421/E. Cumberland Street, and S. Sampson Avenue between US 421/E. Broad Street. Said work shall be performed in accordance with the Department's policies, procedures, standards, and specifications, and the following provisions. PLANNING AND DESIGN 3. The Department shall prepare the environmental and/or planning document, and obtain any environmental permits needed to construct the Project, and prepare the Project plans and specifications needed to construct the Project. All work shall be done in accordance with departmental standards, specifications, policies and procedures. RIGHT OF WAY 4. The Department shall be responsible for acquiring any needed right of way required for the Project. Acquisition of right of way shall be accomplished in accordance with the policies and procedures set forth in the North Carolina Right of Way Manual. 5. It is understood by both parties that all work for the sidewalk shall be performed within the existing right of way. However, should it become necessary, the Municipality, at no expense or liability whatsoever to the Department, shall provide any needed right of way and or construction easements for the construction of the sidewalk, and remove from said rights of way all obstructions and encroachments of any kind or character. Acquisition of any needed right of way shall be performed in accordance with the following state and federal policies and procedures, "Right of Way Acquisition Policy and Land Acquisition Policy, contained in the Federal -Aid Policy Guide, Part 712, Subpart B", and the North Carolina Right of Way Manual (Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970). The Department shall be indemnified and held harmless from any and all damages and claims for damages associated with the acquisition of any construction easements and/or right of way. UTILITIES RESPONSIBILITIES 6. The Municipality shall be responsible for the relocation and adjustment of all municipally -owned utilities in conflict with the Project and shall exercise any rights that it may have under any franchise to effect all necessary changes, adjustments, and relocations of communications and Agreement ID # 9312 electric power lines; underground cables, gas lines, and, and other pipelines or conduits; or any privately- or publicly -owned utilities. UTILITY RELOCATION BY DEPARTMENT T If the Municipality requests the Department to include the relocation and/or adjustment of municipally owned utilities in its construction contract provisions, and the Department agrees, then the Department shall include this work at no cost to the Municipality. If the Municipality requests utility betterments, then a separate utility agreement will be prepared to state the cost estimate and the reimbursement terms. The Municipality shall reimburse the Department all the costs associated with said betterments in accordance with NCGS 136-27.1. Reimbursement will be based on final project plans and actual costs. CONSTRUCTION 8. The Department shall construct, or cause to be constructed, the Project in accordance with the plans and specifications of said Project as filed with, and approved by, the Department. The Department shall administer the construction contract for said Project. MAINTENANCE 9. Upon completion of the Project: A. The Department shall be responsible for all traffic operating controls and devices which shall be established, enforced, and installed and maintained in accordance with the North Carolina General Statutes, the latest edition of the Manual on Uniform Traffic Control Devices for Streets and Highways, the latest edition of the "Policy on Street and Driveway Access to North Carolina Highways', and departmental criteria. B. The improvement(s) shall be a part of the State Highway System and owned and maintained by the Department. 10. The Municipality, at no expense to the Department, shall assume all maintenance responsibilities for the sidewalks and release the Department from all liability relating to such maintenance. COSTS AND FUNDING 11. The Municipality shall participate in the sidewalk costs of the Project as follows: Agreement ID # 9312 A. In accordance with the Pedestrian Policy Guidelines, the Municipality shall reimburse the Department twenty percent (20%), of the actual cost, including administrative costs, of the work associated with the construction of the pedestrian facilities. The Department shall participate in eighty percent (80%) of the actual cost of the pedestrian facilities for that portion of the project within the corporate limits, where new pedestrian facilities are to be installed. The estimated cost of the pedestrian facilities is $80,561. The estimated cost to the Municipality is $16,112. Both parties understand that this is an estimated cost and is subject to change. B. Upon completion of the Project, the Department will invoice the Municipality for their share of the actual costs. Reimbursement to the Department shall be made in one final payment within sixty days of invoicing by the Department. A late payment penalty and interest shall be charged on any unpaid balance due in accordance with NCGS § 147- 86.23. C. :Reimbursement to the Department shall be made in one final payment within sixty days of invoicing by the Department. A late payment penalty and interest shall be charged on any unpaid balance due in accordance with NCGS § 147-86.23. D. In the event the Municipality fails for any reason to pay the Department in accordance with the provisions for payment herein above provided, NCGS § 136-41.3 authorizes the Department to withhold so much of the Municipality's share of funds allocated to said Municipality by NCGS § 136-41.1 until such time as the Department has received payment in full under the reimbursement terms set forth in this Agreement. ADDITIONAL PROVISIONS 12. It is the policy of the Department not to enter into any agreement with another party that has been debarred by any government agency (Federal or State). The Municipality certifies, by signature of this agreement, that neither it nor its agents or contractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal or State Department or Agency. 13. To the extent authorized by state and federal claims statutes, each party shall be responsible for its respective actions under the terms of this agreement and save harmless the other party from any claims arising as a result of such actions. 14. The other party to this Agreement shall comply with Title VI of the Civil Rights Act of 1964 (Title 49 CFR, Subtitle A, Part 21) and related nondiscrimination authorities. Title VI and related Agreement ID # 9312 authorities prohibit discrimination on the basis of race, color, national origin, disability, gender, and age in all programs or activities of any recipient of Federal assistance. 15. All terms of this Agreement are subject to available departmental funding and fiscal constraints. 16. This Agreement contains the entire agreement between the parties and there are no understandings or agreements, verbal or otherwise, regarding this Agreement except as expressly set forth herein. 17. The parties hereby acknowledge that the individual executing the Agreement on their behalf is authorized to execute this Agreement on their behalf and to bind the respective entities to the terms contained herein and that he has read this Agreement, conferred with his attorney, and fully understands its contents. 18. A copy or facsimile copy of the signature of any party shall be deemed an original with each fully executed copy of the Agreement as binding as an original, and the parties agree that this Agreement can be executed in counterparts, as duplicate originals, with facsimile signatures sufficient to evidence an agreement to be bound by the terms of the Agreement. 19. By Executive Order 24, issued by Governor Perdue, and N.C. G.S.§ 133-32, it is unlawful for any vendor or contractor ( i.e. architect, bidder, contractor, construction manager, design professional, engineer, landlord, offeror, seller, subcontractor, supplier, or vendor), to make gifts or to give favors to any State employee of the Governor's Cabinet Agencies (i.e., Administration, Commerce, Environmental Quality, Health and Human Services, Information Technology, Military and Veterans Affairs, Natural and Cultural Resources, Public Safety, Revenue, Transportation, and the Office of the Governor). IT IS UNDERSTOOD AND AGREED upon that the approval of the Project by the Department is subject to the conditions of this Agreement. Agreement ID # 9312 IN WITNESS WHEREOF, this Agreement has been executed, in duplicate, the day and year heretofore set out, on the part of the Department and the Municipality by authority duly given. L.S. ATTEST: ME [91WK4191119PW M TITLE: TITLE: DATE: DATE: N.C.G.S. § 133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any State Employee of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of any response in this procurement, you attest, for your entire organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization. This Agreement has been pre -audited in the manner required by the Local Government Budget and Fiscal Control Act. ME (SEAL) (FINANCE OFFICER) Federal Tax Identification Number Remittance Address: City of Dunn DEPARTMENT OF TRANSPORTATION in (CHIEF ENGINEER) DATE: APPROVED BY BOARD OF TRANSPORTATION ITEM O: Agreement ID # 9312 6 i : � � k w �G1 /7�� Agenda F1.. y 11.f City Council 2013 SUBJECT TITLE: Reports - Goals and Objectives established by Council Presenter: City Manager Steven Neuschafer Department Heads Department: Admin Various Attachment: X Yes No Description: Montt Public Hearino Advertisement Date: PURPOSE: Attached please find the Monthly Reports for the Goals and Objectives established by the Council at the 2020-2021 Budget Retreat. BACKGROUND: Six Month Goals and Objectives for FY 2020-2021 - Complete Dog Park - Trail from Tyler Park to Tart Park Storm Water Drainage — Continue to Clean and Clear out Storm Water Inlets - Paving Projects — Repair of Potholes and Small Scale Paving Projects - Aggressive Code Enforcement — Dilapidated and Boarded up - Residential and Commercial - Start Visioning Process Implement Downtown Main Street Program Four-year Long Term Goals and Objectives - Land transactions for Business Development supporting Community Growth - Address Infrastructure Needs — Paving, Water and Sewer, Storm Water - Water Improvements to support existing and additional Water Sales for Future Growth - Government Facilities Upgrade: Police Locker Rooms, Public Works, Parks and Recreation, City Hall and Water Tower — 301 South Economic Development Team in support of Vision Plan BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Acknowledge receipt of the Monthly Administrative Reports pertaining to the Goals and Objectives set by Council at the FY2020-2021 Budget Retreat. �• 2 ° e . {\ } \\ /\ . / \ ƒ/ kWm \� (\ - /iz wCIO \i °\ \0m _ - { \ff _)\\ _ \\� \ \\�\� _\ _ _ E \\ - 2 (}(/ _ _ \)2f®5/ $>- } _ } \\)- \ \\ «)\\__ - 4£«7§ E/®3§- \� 242E2[3{®®' \) k\ a#/ ))\ a § !«(<)J§ AD s ()/ o }\ »2o of a w aC =esa \\ \ \/ j &a =� am• f . \�}\\\\\ \ _0 \/ _ ( ƒ)/ > _ _ $ �0 \§ �k . § !o \k \\\ \ \\ j\) . _ 2 f{\ \7» {f( p(\ _- §05 /\E �• \�})\\ \ƒ \ \ ) R . a 2/ {f .. \\ \\ \\ \\ \\ = R S ±2 - / 0 » /j _- ® \m __ _ LU - - \ ( / § a- W o f \W \� / LU CL \ ` {/ E/=- 00\ =G ƒ\\\« \\)/ƒ{\\/\ \� ®®/ƒ® ®a\{{\2f>f){/\ \/A\/\/\G\/)ƒ)o<< m ))\ wzgwa«wegwawwwaww3Lu \ . /{: ,af > )® zE m LL - J \ \\ (SS O E N L O C- Ln 0 o g ( a- / 0 O Y 2S ./24 }g \\ 0 3/ : 0- 0 2yE 2 »>}(/ �)) @ (R /\/ \ ( \{ %\a=6: tt0 \(E \{k�\j0- ,;¥<fo: g2q:o =z«e&2 . /§2f £{mf _G=o=or m{=Roe,« \\\0mmm //\ & 3 LU 00, \7$» �) 0 _ //ƒ} ƒ7) � � B .W C / D) / / E G Q 1 / 2)E <>lea- \/ \/ - _; ƒ/_\ E \&§ � ® 2 y 4\� ƒ\$ & /{2/3 \\\- 7/( (0 a\eo + ( / « ( { \ { )r® - - $ ƒ& &:/ \ -2 \\E0\ \\ \\\\/\\\ «®®/ta0E /M2®//s$ E-o aS /)\\»5f§ �ƒ®`\§/{\//» w§)E=�c�ewa aaase= \f \ \ \ 7 q!ƒ y \ \ \W 0 f zao i .N CouncilUNN All -America City itl or 11�1�11 11111f City 'ry SUBJECT TITLE: Administrative Reports Presenter: Citv Manaaer Steven Neuschafer Department: Admin Attachment: X Yes No Public Hearing Advertisement Date: PURPOSE: a) Financial Report, Tax Report and Assessment Update b) City Manager's Report c) Monthly Departmental Reports are provided for your review: - Communications/Public Information - 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, I north carolina Mayor TT William 11. Elmore Jr. NMayor Pro Tern\V, Chuck Turnage city of d u n n Council Members J. Wesley Sills April L. Gaulden Frank McLean POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 Billy Tart (910) 230-3500 • FAX (910) 230-3590 Dr, David L. Bradham www.dunn-ilc.org City Manager Steven Neuschafer MEMORANDUM To: Honorable Mayor, City Council Members From: James 0. Roberts, Finance Director Subject: Financial Report Date: May 12, 2020 • The City, as of April 30, 2020, had $4,813,635 in cash in the General Fund and $2,362,126 in the (NCCMT Term Account) Water -Sewer Fund. Through April of 2019, the City had $4,062,101 in the General Fund and $2,315,884 in the Water and Sewer Fund. We continue to maintain a larger total balance than last year. • Our Taxes for the 2019 year continue to be collected but we are almost complete. To date we have received approximately $4,097,735 in property taxes or approximately 98% of our expected tax income. Our Estimate for the 2019 year is $4,181,600. These totals include Property, Motor Vehicles, and Downtown Service District taxes. • Sales Tax Revenue through February is $1,651,197. Our Budget for that income is set at $2,212,000. Sales Tax Reports from the Department of Revenue are provided at least two months behind actual collections. This is 74.6% of our total expected income. This is the area that will be hit hardest by the "Stay at Home' decree we are under. • Utilities Sales Taxes for three quarters of the year have been received. The total received to date is $525,935, This amount includes Electricity, Natural Gas, Telecommunications, and Video Programming Sales Taxes. It is budgeted for these areas at $747,000. This report covers the quarterly payment for the quarter ending December 31, 2019. We will receive our next tax payment later this month. • Building Permit Fees for the month of April were $11,603, for a total collected for the year of $112,952 or 141% of budget. Our budget for the year is $80,000. • Water and Sewer Revenues for the month of April were $452,354. Our total to date collected is $4,761,893 or 85.14% of budget. Year to Date in 2019 was $3,958,518. Our budget for the year is $5,593,000. • Expenditures are at 82.1% of budget in the general fund. Our Budget is $11,597,100 and we have expended $9,522,713. The Water and Sewer fund has spent 69.1% of budget which was $6,239,950 and we have expended $4,309,059. The benchmark for this period is 83% of budget. IDUNN ztr ere comvzt e' matters �IFdmeN¢i CiO 1 r C9H9 H103 Expenditures for City of Dunn evegmamoum 5 Rs9glmm 3 6 q/3o/zozo c,pe�mwre: rearm Date 5 9 3z8 Buege[Remalning $ 20)q3g610 38M EXPENDITURES FORTH CITY OF DUNN EXPENDITURES YEAR TO DATE O BU DGET REMAINING Expenditures for Water and Sewer a,'agnamo,'m 5 6,zo;omm lmx 0/30/3030 EapenalNres Yea. to Oate $ 9309059 i6 69% Butlget Pemalnln0 $ 18933405q 33% WATER / SEWER EXPENDITURES ,' EXPENDITURES YEAR TO DATE M BUDGET REMAINING north Carolina LLU LJ LINI�1 city of dunn POST OFFICE BOX 1065 e DUNN, NORTH CAROLINA 28335 (910) 230-3500 ° FAX (910) 230-3590 www.dtinn-nc.org MEMORANDUM To: Honorable Mayor, City Council Members From: James 0. Roberts, Finance Director Subject: Liens and Accounts Receivables Date: May 12, 2020 Mayor William P. Union e Jr Mayor Pro Tenn Chuck Turnage Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart Dr. David L. Bradham City Manager Steven Neuschafer • The General Fund assessments, Water and Sewer assessments, and old demolitions total $127,314. Of this more than $82,000 is over 10 years old. This amount does not change from month to month. • For our Weedy Lots and new Demolitions, we have billed out $610,419, made adjustments and received payments totaling $261,104. That leaves us with the amount owed the city of $ 267,559. Down $2,494 from last month. • We have 30 liens in place totaling more than $ 185,000. No new changes for this month. • No new Debt letters were sent this month. ® Of the total amount owed to the city, $360,852, there are $94,131 worth of debts that are over 10 years old and are uncollectable. That leaves us with $266,721 available for collections. 69.4% of this amount has a lien placed on the property. • 140 property owners make up approximately $230,000 worth of the debt. 55 property owners make up $199,000 of this amount. We only have 7 property owners in arrears where we do not have a valid address. • Pope Law Group is currently working on foreclosures for Richard Thompson & Frank Truner Heirs. Currently, they are unable to go into the Courthouse to search Will files but they are working to have all information together so they can proceed once the Courthouse is accessible. I Mr ere mnunt 7n&ers c During the month of April I have worked on the Tyler to Tart Walking Trail presentations and pictures for George to present to the City Council. I have also created 2 videos for our social media viewers to stay engaged with us and to help inform them of a few ordinances that are coming into play. 02- In Progress I am working with department heads to get more videos produced on the things that they want the public to know most. I have asked them to think about the issues they get the most calls about or what they get asked the most and let's hit those topics during these videos. We are getting great response from videos during this pandemic and it helps keep our community involved and updated in what we are doing! 03- Goals My main goal continues to be producing a Social Media Policy. This is something I am taking my time with because it needs to be done right the first time. We were hoping our Campbell intern would help us with this, but we have not heard from him so I am moving forward with where things were left off in the last month. This policy will help insure the integrity of the City while we and our employees are on these social media sites! 04- Stats Facebook: Instagram: Page Likes: 2284 (32 new likes) Page Like: 748 (49 new likes) Reach: 13,470 #1 post: April City Council 6.5K #2 post: Grass Ordinance Video 1.8K Reach:1097 #1 post: Grass Ordinance Video #2 post: Advisory Board Updates DL.INN w� p romnwm� ��malt�� March 2020 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.org _ Di CNN WRe)Y SO /IIIRGRI '�rJP4LL81J Code Enforcement Map March V to March 31", 2020 "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.or� *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.org *Data from Republic Services report WU DUNN m�nr rcnmumr mula.ra 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) *Data from A.B. Uzzle Water Treatment Plant records, and Finance Department billing. DUNN ��u�ma acmnumi maldem *Data from NC DEQ DMR documents and Black River Wastewater Treatment Plant records FY 2019-2020 Water and Sewer Project Update (Council Approved Projects) DL INN eu��a ccmnttm(� �mahSia _—.__ Monthly Recreation Report 2020 Dunn Parks & Recreation April Monthly Narrative Report Sports Programs All Dunn Parks and Recreation activities were suspended until May 15, 2020. The City takes this action as a precaution of COVID-19. The health and well-being of our players is most important to us. This included the following: Indoor soccer Baseball & softball drafts Adult basketball Youth free play basketball Senior pickleball The P K Vyas Recreational Center also closed to the public has a precaution of COVID-19. This included gym members and senior walkers. Sports Registration We don't have any current registrations going on at this time. Recreation Advisory Board Our board met last on Tuesday, February 121h at 6:00 p.m. at Dunn Parks & Recreation. The next scheduled meeting was scheduled to be held on Tuesday, April 14th at 6:00 p.m. We will set a new date once the guidelines for COVID-19 are updated for larger meeting groups. Dunn Parks & Recreation Department Monthly Review I Dunn Parks & Recreation 1205 Jackson Road, Dunn, NC 28334 1 (910) 892-2976 Phone (910) 892-7001 Fax I www.dutin-nc.org April 2020 March 2020 1 Monthly Library Report Dunn Public library 1 110 E. Divine St., Dunn, NC 28334 1 phone 910-892-2899 1 fax 910-892-8385 www.dunn-nc.org/library m a- 60 Animal Control Canine Totals for March 2020 50 48 40 30 20 10 4 3 2 2 2 0 0 Calls Picked Up, In Pound Returned Adopted Escaped Euthanze i Bites Isolated N.20 Mar 48 35 4. 3.. 20 0 2 I 2 1 2 60 Animal Control Feline Totals for March 2020 50 48 40 30 22 20 _.._. 10 4 0 0 0 0 0 calls Picked Up In Pound Returnedi Adopted Escaped Euthanize Bites Isolated N. Mar 20 48 31 1 0 0 �. 22 _ 0 4 0... 0 1400 Animal Control Other Animals, Warnings and Mileage 1243 1200 0 1141_ 1000 800 600 400 INS m 200 ... 1 7 0 Other Mileage Mileage Anima I Warnings ! Citations #55 #56 Calls �®. Mar201...... 1 7 0. 1 1243 1141. Criminal Investigations Divison Juvenile Report for March 2020 3.5 3 3 3 _.... 2.5 2 1.5 0 0 0 0 0 0 11 Cases I Total Total Total Total Total Cases Ex- y Cases Cases Adult Juvenile Felony Misd. Cleared Unfound a b Arrest Closed Arrests Arrests Charges (Charges Cl eare 0 __.. 0 0) 0 ___0 3.. 0 _( 3 Patrol Division for March 2020 100 95 90 82 80 IN _.... 70 - 60 40 30 -- Yd0 28 9 10 4.5 0 2 0 Other Us Misd. Felony Firearms Marijuana Cocaine Heroin's Arrests Arrests Seized Seized Seized SeziedI Drugs Currency Seized Seized ® Mar-201 82 28 0 95 2 4.5 9. ( 0....... Dosage) 1 Units USD Total Incidents Reported for March 2020 200 184 180 160 140 120 100 80 60 40 20 0 20 19 Number of Crimes by Type for March 2020 18 16 14 12 12 10 8 8 6 4 4 _.. 2 1 1 1 0 0_ 0 _ _. _.. Larceny_ Homicide Rape Robbery Aggravates Burglary j Burglary from ( Larceny simple d Assault Force Non -Force, Motor All Other Assaults Vehicle �NMar-201 _. 0 1 1 4.. 12... 0 1 19 8 Criminal Investigations Division for March 2020 8000 5000 4000 3000 2000 1000 49 46 0 Cases Assigned Cases Closed Recovered Property Value Mar-20) 49 46 6,723 0 Search Warrants Executed 0 Narcotics Seized for March 2020 1.2 1 1 q 0.s 0.6 0.4 WIN 0.2 0 0 0 0 0 0 0 Felony Misd, Arrests 1 Arrests �.®Mar 20) ManO ana Coco ine Meth. Heroin Pills'Other Drugs 1 II... 1 I II I Gram Weight Dosage Unit Patrol Division for March 2020 80 70 67 60 _. 53 50 11 40 _.m 39 30 1111 Page I Announcements May 12, 2020 City Council Meeting ➢ City offices will be closed on Monday, May 251 in observance of Memorial Day. ➢ The next regular City Council Meeting is scheduled for Tuesday, June 91h at 7:00 p.m. lip • � ►� .�� -- Dunn Erwin Rail Trail letter of Support for the Dog Park project unn Erwin Rail Trail, Inc. M%s, PO Box 310 r, 4 Dunn, North Carolina 28335 April 28, 2020 Steven Neuschafer City Manager, City of Dunn PO Box 1107 Dunn, North Carolina 28335 Mr. Neuschafer, The Board of Directors of the Dunn Erwin Rail Trail has been approached by Brian McNeill, Dunn Parks & Recreation Director in regards to building a Dog Park and Botanical Garden along the Dunn Erwin Rail Trail on Ashe Avenue in the City Limits of Dunn. Technically the Rail Trail is owned by the County of Harnett but overseen by a volunteer Board of Directors. The Board of Directors is pledging full support to this project, with approval by the Harnett County Board of Commissioners. It is our understanding that all maintenance on this park will be provided by the City of Dunn Parks and Recreation Department. The Board is excited for opportunities that will enhance the trail and make it more user friendly for all our citizens. It is the mission of this Board to offer a safe, well taken care of place to walk, run, exercise or bike with their families and friends. Sincerely, lo Patrick Riley Dunn Erwin Rail Trail Inc. Chair, Board of Directors Lai IIBOA AM Lei" t (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. i Under the regulations or laws of the United States. [N.C.G.S. 143-318.11(a)(2)] Prevent the premature disclosure of an honorary award or scholarship [N.C.G.S. 143-318.11(a)(3)] Consult with the Attorney i To protect the attorney -client privilege. i To consider and give instructions concerning a potential or actual claim, administrative procedure, or judicial action. i To consider and give instructions concerning a judicial action titled vs [N.C.G.S. 143-318.11(a)(4)] To discuss matters relating to the location or expansion of business in the area served by this body. [N.C.G.S. 143-318.11(a)(5)] To establish or instruct the staff or agent concerning the negotiation of the price and terms of a contract concerning the acquisition of real property located at (OR) To establish or instruct the staff or agent concerning the negotiations of the amount of compensation or other terms of an employment contract. [N.C.G.S. 143-318.11(a)(6)] To consider the qualifications, competence, performance, condition of appointment of a public officer or employee or prospective public officer or employee. (OR) To hear or investigate a complaint, charge, or grievance by or against a public officer or employee. [N.C.G.S. 143-318.11(a)(7)] To plan, conduct, or hear reports concerning investigations of alleged criminal conduct. School violence 143-318.11(a)(8) and terrorist activity (9).