Attachments 08-11-2020north Carolina
EW- CNN
City Of dllllll
POST OFFICE BOX 1065 < DUNN, NORTH CAROLINA 28335
(910) 230-3500 < FAX (910) 230-3590
wwwAunn-ne.org Attachment #1
08/11/2020
Mayor
William P. Elmore Jr.
Mayor Pro Tem
Chuck Turnage
Council Members
J. Wesley Sills
April Gaulden
Prank McLean
Billy Tart
Dr. David L. Bradham
City Manager
Steven Neuschafer
PUBLIC NOTICE related to Regular Council Meeting
The public is hereby notified that the City Council of the City of Dunn will hold their regular
meeting on Tuesday, August 11, 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 reduce the spread of Covid-19, in -person access to the Council meeting is limited to a
total of25 people (less than 14% of occupancy) to include Council and needed staff.
Face Coverings are required by all members of the public entering the Municipal Building.
The Council Meeting will be available for live public viewing on Facebook - The City of Dunn, NC
page. Audio will be available while waiting outside Council Chambers, if maximum occupancy is
reached.
Public Comment Period - Comments can be called in or emailed in to the Clerk by Monday,
August 10, 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, August 10, 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 Cleric to sign up and receive instructions by the above stated time.
Tammy Williams
City Cleric
910-230-3501
twilliams@dunn-nc.org
DUNN
AII•Am®rice Citi
1 1 Where cmmt!f�r ma,tfers
a
J989 tt x�3
CLARKA. WHITE
CHIEF OF POLICE
POST OFFICE Sox 1065
DUNN, NORTH CAROLINA 28335
(910) 230-3533 (OFFICE)
(910) 2303592 (FAX)
Attachment #2
08111/2020
MEMORANDUM OF UNDERSTANDING ("MOU") BETWEEN THE CITY OF DUNN,
A MUNICIPAL CORPORATION AND THE DUNN HOUSING AUTHORITY, PUBLIC
HOUSING AGENCY AS TO THE RELATIVE POSITIONS OF THE CITY AND THE
DUNN HOUSING AUTHORITY FOR A POLICE OFFICER TO BE ASSIGNED TO
THE DUNN HOUSING AUTHORITY
1. It is agreed that the Police Officer shall be employed by the City of Dunn's
Police Department, under the direct control of the Police Department and
his/her duties and working hours will be assigned and monitored by the Police
Department. As an employee of the City of Dunn Police Department he/she
shall be covered by the City's various insurance policies for accidents,
wrongful acts, failure to act, etc.
2. It is further agreed that the services of the Police Officer shall be such that
he/she will be primarily assigned to the Dunn Housing Authority to patrol the
Authorities properties and to work with the Authority's residents in various
resident services programs as further set forth in the MOU. However, the
Police Officer will work at the direction of the Police Department and is and
shall be available to the Police Department to perform other duties separate
and apart from the Dunn Housing Authority properties as needed and
determined by the Police Department.
3. The compensation of the Police officer will be paid by the City of Dunn. The
Dunn Housing Authority agrees to reimburse the City of Dunn in the amount
of $1500.00 per month for this expenditure upon receipt of a monthly invoice
from the City of Dunn. The City of Dunn will provide transportation or the
Police Officer. Reimbursement will be made to the City for any travel
expenses incurred for training and other related duties of the Police Officer,
provided Dunn Housing Authority approves the training and travel in advance
of arrangements being made.
4. It is further agreed that funding for the reimbursement of the Police Officer's
salary is received by the Dunn Housing Authority through the US Department
of Housing and Urban Development (HUD). In the event that funding is not
sufficient to continue to reimburse the City of Dunn for the officer, Dunn
Housing Authority shall notify the City of Dunn as soon as possible. Following
the notification of decreased or insufficient funding to continue
reimbursement for the Police Officer, the City of Dunn shall determine the
future of the officer with the Dunn Police Department or otherwise.
5. It is further agreed that the hours worked by the Police Officer will be varied
so as not have a set pattern of patrol in order to make the Police Officer more
effective in his/her duties. However, it is agreed that the Police Officer will
work no less than twenty-five (25) hours per week at the properties of Dunn
Housing Authority during the term of this MOU.
6. It is further agreed that the Police Officer will be subject to the Personnel
Policy of the City of Dunn and shall meet all training and other requirements
set by the City of Dunn for all police officers. The Police Officer will be
thoroughly familiarized with the same by the Chief of Police of the Dunn
Police Department,
7. Nothing in this MOU shall be deemed to create and employer -employee
relationship between the Dunn Housing Authority and the City of Dunn, nor a
partnership or joint venture. The Dunn Housing Authority shall be
responsible for the actions of its employees and agents and the Dunn Police
Department shall be responsible for the actions of its employees and agents
including the Police Officer. The Police Officer will report and receive
direction from his/her supervising officer.
This MOU is signed by the Executive Director of the Dunn Housing Authority,
the City Manager for the City of Dunn and the Police Chief for the City of
Dunn to express the understandings of the parties with respect to the subject
of the matter of this MOU. /
This agreement shall be effective - _ll
This the 1 D !ay of 2020.
Du Housin Authorrt
- -- ------
Executive Director
4Chio�ONice
Destruction of Records- Finance Department
Submitted for the August 8, 2020 City Council Meeting
Attachment #3
08,11,2020
REQUEST FOR DISPOSAL OF RECORDS
Description of Record
Retention Period
Inclusive Dates
Accounts Payable Check Stubs &
3 Years
July, 2016 —June, 2017
Invoices
Accounts Payable Proof Reports
3 Years
July, 2016—June, 2017
Accounts Payable General
3 Years
July, 2016—June, 2017
Ledger Reports
Check Registers
3 Years
July, 2016—June, 2017
Vendor Statements
3 Years
July, 2016—June, 2017
Averasboro-Accounts Payable
3 Years
July, 2016 —June, 2017
Check Stubs & Invoices
Averasboro-Accounts Payable
3 Years
July, 2016—June, 2017
Proof Reports
Averasboro-Accounts Payable
3 Years
July, 2016—June, 2017
General Ledger Reports
Averasboro-Check Registers
3 Years
July, 2016 —June, 2017
Purchase Orders -Yellow Copies
3 Years
July, 2016 - June, 2017
Purchase Order Reports
3 Years
July, 2016—June, 2017
Submitted By: Brittany BarefootnaA;
Printed Name/Signature
Department: Finance
Destruction of Records- Finance Department
Submitted for the August 8, 2020 City Council Meeting
REQUEST FOR DISPOSAL OF RECORDS
Description of Record
Retention Period
Inclusive
Dates
General Fund Receipt Books
3 Years
July, 2016—June, 2017
Payroll Direct Deposit Stubs
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: Brittany Barefoot _ EGt '
Printed Name/Signature
Department: Finance
02020-17 IAttach #4)
08/11/2020
OA-05-20
• lzmi
mmm
• • m
• . • � � � � read
rree . . . r.a.
MMLII
•
_
_ - Me
eirs M Or-w—MILS MEMS IMM
Adopted this 11" day of'August, 2020.
2�!.•'' Li1, William P. Elmore, Jr
GpRPORgT�'. yor
Attest: _ SEAL
9rN CAPS
1p
Ar
Tammy
Willia;s
City Clerk
city of dunn
POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335
(910) 230-3500 • FAX (910) 230-3590
wvvw.dunn-nc.org
02020-18 (Attach #6)
08111/2020
Mayor
William P. Elmore Jr.
Mayor Pro Tem
Chuck Tumage
Council Members
J. Wesley Sills
April L. Gaulden
Frank McLean
Billy N. Tart
Dr. David L. Bradham
City Manager
Steven Neuschafer
AN ORDINANCE DIRECTING THE BUILDING INSPECTOR TO REMOVE OR DEMOLISH
THE PROPERTY HEREIN DESCRIBED AS AN UNSAFE BUILDING CONDEMNED
PURSUANT TO N.C.G.S. §160A-426, ET SEQ.
WHEREAS, that on May 19111, 2020, the Chief Building Inspector for the City of
Dunn sent a notice to Casper Tart, Jr., the owner(s) of record of the structure located at 1501
Ewrin Rd, noting that the structure was in a condition that constitutes a fire and safety hazard,
and is dangerous to life, health and property and were thereby condemned, pursuant to North
Carolina General Statute §160A-426, and noticed the property owner of a hearing on May 29th
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 May 29th, 2020 a hearing was conducted via telephone 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
June 3rd, 2020; and
DUNN
AII•AlaerlcaCilq
atrhIlere xmm !! matters
1989 * 2013
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 July 31", 2020 and August 4`s, 2020, the City of Dunn published legal
notices that a public hearing would be held before the Dunn City Council on August l hh, 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 June 3`d,
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 structures at the following address:
1501 Erwin Rd. Dunn, NC 28334
PIN #: 1506-79-4334.000
PARCEL ID #: 0215060186
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 3`d
day of June, 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 1 It' day of August, 2020.
rlliam P. Elmore Jr., ayor
-;ti•. SEAL
Attest: p •.•
CAPP
\ 6 1 �oNaa of td��
City
City of Dunn
Utility Payment Plan Terms
EO 124 and EO 142 A 811/1020
This plan covers February, March, April, May and June, 2020 billings for
City of Dunn utility service.
The payment plan period commences August 1, 2020 and concludes
February 26, 2021.
Customers do not have to establish a payment plan by signing a
document. If the account has an outstanding balance for the months
included in EO 124 and/or EO 142, the payments will automatically be
calculated by dividing the affected balance over a six month period of
time.
The first month's payment will be due in September, 2020 and the last
payment will be due in February, 2021.
The payment plan will be equal increments of the past due balance for
February, 2020—June, 2020 billings.
Payment plans will be due by the 20th of the month (if the 201h falls on a
weekend, payment is due the next business day) and considered
delinquent if not paid by the last day to pay to avoid disconnection in the
current month's billing.
Customers may make payments in the following manner:
1. Pay in person. Cash, check, money order, debit or credit is
accepted at the Dunn Municipal Building, located at 401 East
Broad Street, Dunn, NC 28334
2. Pay by night depository. This box is located on the right side the
Municipal building at 401 East Broad Street, Dunn, NC 28334
3. Pay by mail. All payments should be mailed to City of Dunn
Finance Department, Post Office Box 1107, Dunn, NC 28335
4. Pay by phone. Call Off icialPayments at 1-800-272-9829,
Jurisdiction Code 4319, Customer Acct #, followed by #
5. Pay online. Login to www.OfficialPayments. com, Jurisdiction
Code 4319, Customer Account #
All City of Dunn utility customers must remain current on the July, 2020
billing forward to avoid disconnection of service.
If default occurs from the payment plan, utility service will be
disconnected. The current month's bill, the payment plan amount and a
$35.00 administrative fee will be due in full to restore service.
Partial payments may be made towards the payment plan but the full
balance of the payment plan must be paid by the due date monthly to
avoid disconnection of service with a $35.00 administrative fee.
It is the customer's responsibility to ensure he or she is making timely
payments of the Payment Plan. The entire past due balance will appear
on the current months bill and the customer will be responsible for
payment of the payment plan along with the current months bill.
Approved by City Council
DATE: t = I G CQC)
-I
Attachment #7
08/1112020
HARNETT COUNTY, NORTH CAROLINA
REIMBURSEMENT AGREEMENT FOR CORONAVIRUS RELIEF FUND
THIS REIMBURSEMENT AGREEMENT (hereinafter "Agreement"), made and entered
into this day of 2020, by and between the County of Harnett, a body
politic and corporate organized and existing under the laws of the state of North Carolina
(hereinafter referred to as "County") and the City of Dunn, a North Carolina municipal
corporation, organized and existing under the laws of the state of North Carolina (hereinafter
referred to as "Municipality");
WITNESSTH
WHEREAS, North Carolina counties are receiving funding for local governments as part
of the Coronavirus Relief Fund (CRF) established under the federal CARES Act. The CRF
allocation for the County totals $5,101,389.00; and
WHEREAS, pursuant to North Carolina Session Law 2020-80, twenty-five percent
(25%) of the County's CRF funds shall be allocated to municipalities within Harnett County and
that the total amount and method of allocating the funds shall be determined solely by the
County; and
WHERES, the allocation methodology chosen uses a pro rata calculation based on the
Municipality's percentage of the County's total municipal population based on the 2019
population estimates certified to the Secretary of Revenue by the State Demographer with the
Office of State Budget and Management; and
WHEREAS, the County and Municipality mutually desire to establish the means and
method for the allocation of Municipality's portion of these funds through a reimbursement
agreement.
NOW THEREFORE, in consideration of the promises and further consideration of the
mutual agreements contained herein, as well as the financial consideration, the parties hereto
agree as follows:
1. The Recitals set forth above, along with the definitions of certain terms are incorporated
herein by reference as if fully restated.
2. Amount of Funds. The County shall provide Municipality a portion of its CRF allocation
not to exceed the amount of $484,668.00, based on the Municipality's percentage of the County's
total municipal population of the twenty-five percent (25%) of the CRF funds set aside for local
municipalities. Actual funding amount will be allocated in accordance with planned
expenditures described in the Coronavirus Relief Fund Plan, outlined in Section 3.
3. Coronavirus Relief Fund Plan. Municipality shall submit a Coronavirus Relief Fund Plan
(CRF Plan), which is incorporated herein by reference, to the County which details how
Municipality will spend its allocation of the CRF funds. The CRF Plan shall be submitted to the
Page 1 of 6
County no later than August 21, 2020. If the proposed use of the funds in the CRF Plan is not
approved by the County or, the State, Municipality shall submit an amended CRF Plan for
approval.
4. Certification. Any CRF funds to be disbursed to Municipality will only be made as a
reimbursement. Prior to any such disbursement, the Municipality shall make a report that is
compliant with the requirements of the North Carolina Office of State Budget and Management
(OSBM) and certify to the County that the funds being reimbursed:
• Were necessary expenditures incurred due to the public health emergency with
respect to Coronavirus Disease 2019 (COVID-19) and were not accounted for in
the budget most recently approved by Municipality as of March 27, 2020 (the date
of enactment of the CARES Act) for the State or government;
• Were incurred during the period that began on March 1, 2020 and ends on
December 30, 2020 in accordance with the budget proposal submitted to County
by Municipality;
• Were spent in a manner consistent with terms for the CRF set forth by the North
Carolina Pandemic Recovery Office and in accordance with all applicable State
and federal laws; and
• Were spent in accordance with the Municipality's CRF Plan.
County reserves the right to reasonably request additional documentation to demonstrate
compliance with the CARES Act and North Carolina Session Law 2020-4, the "COVID-19
Recovery Act" and 2020-80, the "2020 Coronavirus Relief Fund/Additions & Revisions."
It is the intent of Municipality to use the allocated CARES Act funds to pay salaries and benefits
for the City of Dunn Police Department. According to the NC Pandemic Recovery Office
(NCPRO), "CRF money can be used for payroll expenses for all public health and public safety
employees, such as Health Department managers, EMS, law enforcement, etc ... Per US Treasury
guidance, these are eligible expenses even though the previously approved budget includes funds
for these employees to perform their regular duties because they are working on COVID-19
mitigation or response." However, this intent does not preclude the Municipality from expending
funds in accordance with Municipality's approved CRF Plan.
5. Reimbursement Process. Municipality will only be reimbursed for qualified expenses
that were identified and approved in Municipality's CRF Plan. Municipality shall provide the
monthly report described in Section 4 above to County no later than the 10" day of the month for
the previous month's expenditures. Municipality's first report and certification requesting
reimbursement shall be due on the tenth day of the month immediately following approval of
Municipality's CRF Plan. Following receipt of the report and certification requesting
reimbursement of the Municipality the County shall review for compliance. County will notify
Municipality of its approval or denial not later than the 19th day of the month. Approved reports
will be uploaded to OSBM's portal in accordance with the State's reporting requirements.
Reimbursement payments will be processed and disbursed Net 30 days after receipt of a correct
report. A denial will include a reasonable description of the reason for denial and offer an
Page 2 of 6
opportunity to clue any deficiencies. If Municipality fails to provide a timely monthly report to
County, reimbursement may be delayed or denied. Any portion of the maximum amount of CRF
funds listed as available for reimbursement uses by the Municipality that are not properly and
timely requested for disbursement by the Municipality shall be revert back to the County.
6. Submission of Plan and Reports. All Plans and Reports shall be submitted to Brian
Haney, Assistant County Manager, County of Harnett, via email at bhaney@harnett.org and shall
be submitted in accordance with the timelines and manner outlined in this Agreement.
Municipality shall also be required to submit a final report to County that is compliant with the
requirements of OSBM upon the exhaustion of Municipality's CRF funds or no later than 10
days prior to the submission date required by the State. County will review the final report for
compliance and will upload the approved final report to OSBM's portal in accordance with the
State's reporting requirements.
7. Repayment of Appropriated Funds. Any funds appropriated by the County and
distributed to the Municipality that are found to have been utilized by Municipality for uses in
violation of CRF shall be repaid by Municipality to the County within 30-days upon notice by
the County in the event that the State or Federal government seeks repayment of funds from the
County for a portion of the Municipality's allocation.
8. Access to Persons and Records. The County, the State Auditor, appropriate federal
officials, and their respective authorized employees or agents are authorized to examine all
books, records, and accounts of the Municipality insofar as they relate to transactions and
expenditures that are subject for reimbursement under CRF. The Municipality shall retain any
such books, records, and accounts for a minimum of three (3) years after the completion of this
Agreement and are to be made available for examination upon request. Additional audit or
reporting requirements may be required by the County, if in the County's opinion, such
requirement is imposed by federal or state law or regulation.
MISCELLANEOUS
9. Notice. Any notice, consent, or other communication in connection with this Agreement
shall be in writing and may be delivered in person, by mail, or by facsimile transmission
(provided sender confirms notice by written copy). If hand -delivered, the notice shall be
effective upon delivery. If by facsimile copy, the notice shall be effective when sent. If served
by mail, the notice shall be effective three business days after being deposited in the United
States Postal Service by certified mail, return receipt requested, addressed appropriately to the
address set forth below:
To County
Paula Stewart
County Manager
Post Office Box 759
Lillington, North Carolina 27546
Page 3 of 6
With copy to:
Christopher W. Appel
Senior County Staff Attorney
Post Office Box 238
Lillington, North Carolina 27546
To Municipality
Steven W. Neusehafer
City Manager
Post Office Box 1065
Dunn, North Carolina 28335
With copy to:
P. Tilghman Pope
Pope Law Group, P.A.
Post Office Box 928
Dunn, North Carolina 28335
10. Governing Law. The parties intend that this Agreement shall be governed by the law of
the State of North Carolina.
11. Non -Business Days. If the date for making any payment or the last day for performance
of any act or the exercising of any right shall not be a Business Day, such payment shall be made
or act performed or right exercised on or before the next preceding Business Day.
12. Severability. Each provision in this Agreement is severable. If any provision of this
Agreement will be determined to be invalid or unenforceable by a court of competent jurisdiction,
then: (a) such determination will not invalidate or render unenforceable any other provision of
this Agreement; (b) such provision will be construed as closely as possible to the parties' original
intent in order to render such provision valid or enforceable, as applicable; and (c) the remaining
terms of this Agreement, together with such reconstructed provision, will constitute the parties'
entire agreement.
13. Entire Agreement- Amendments. This Agreement constitutes the entire contract between
the parties, and this Agreement shall not be changed except in writing signed by both parties.
14. Binding Effect. Subject to the specific provisions of this Agreement, this Agreement shall
be binding upon and inure to the benefit of and be enforceable by the parties and their respective
successors and assigns.
15. Time. Time is of the essence in this Agreement and each and all of its provisions.
16. Liability of Directors Officers and Agents. No director, officer, agent or employee of the
County or Municipality shall be subject to any personal liability or accountability by reason of the
Page 4 of 6
execution of this Agreement or any other documents related to the transactions contemplated
hereby. Such officers, agents, or employees shall be deemed to execute such documents in their
official capacities only, and not in their individual capacities. This Section shall not relieve any
such officer, agent or employee from the performance of any official duty provided by law.
17. Confidentiality. The County will keep confidential and will not disclose or publish any of
Municipality's trade secrets as defined in Section 132-1.2(1) of the North Carolina General
Statutes, will keep all records evidencing such trade secrets marked as "confidential trade secrets",
and will keep all such records segregated in the County's files. If the County receives a request,
subpoena or court order to disclose any information or records Municipality or its representatives
have provided or provide in the future relating to this Agreement or the project described in this
Agreement, the County will give Municipality prompt written notice of the request, subpoena or
court order and will discuss any proposed disclosure of such information or records with
Municipality (and, to the extent possible, give Municipality the opportunity to contest any
disclosure of information or records Municipality believes should not be disclosed) before making
any such disclosure.
18. E-Verify. Municipality shall comply with the requirements of Article 2 of Chapter 64 of
the North Carolina General Statutes. Municipality shall also require any and all of its
subcontractors to comply with the requirements of Article 2 of Chapter 64 of the North Carolina
General Statutes.
19. Counterparts. The individual signatories below have the expressed and implied authority
on behalf of their respective Boards to execute this Agreement. The Parties may execute this
Agreement in separate counterparts and the execution of a copy shall have the same effect as the
execution of an original. Such execution may be by facsimile or PDF attachment to an email.
IN WITNESS WHEREOF, the patties hereto have caused this Reimbursement
Agreement to be duly executed pursuant to authorization obtained in a duly adopted resolution or
has otherwise been duly authorized to sign on behalf of their respective organization.
City of Dunn County of Harnett
WOEr
. Elmore, r
Mayor .0` p
ATTEST: 2 . SEAL
-1,91 �, A-, t f\, , C11 t 11 , I I I I t I %,it
Howard Penny
Chairman
ATTEST:
Margaret Regina Wheeler, Clerk
Page 5 of 6
This document has been pre -audited
in the manner required by the Local
Government Budget and Fiscal Control
Act.
*ftinance Director
This document has been pre -audited
in the manner required by the Local
Government Budget and Fiscal Control
Act.
County Finance Director
Page 6 of 6
MEMORANDUM OF UNDERSTANDING
City of Dunn
State of North Carolina
Attachment #8
08/11/2020
Agreement
THIS MEMORANDUM OF UNDERSTANDING (the "Agreement") is entered into on the 28"'
day of July, 2020, by and between the following parties (the "Parties"):
The Parties are the City of Dunn, hereinafter referred to as "City", 401 East Broad Street and the
Downtown Dunn Development Corporation, hereinafter referred to as "Nonprofit".
PURPOSE OF THE MOU
The Purposes of this Memorandum of Understanding are the following:
1. Express the Parties' mutual understanding regarding roles and responsibilities of managing
the Main Street Program.
2. Express the Parties' mutual understanding regarding priority activities, tasks, and decisions
to be achieved in managing the Main Street Program.
Express the Parties' mutual intention to work in good faith to further the redevelopment of
downtown, to spur economic development in the context of historic preservation, in
accordance with Main Street Americ9m as administered by NC Department of Commerce,
NC Main Street & Rural Planning Center.
PRIORITY GOALS AND TASKS
The Parties have identified the following as priority goals and tasks for the redevelopment of
downtown through the management of their Main Street Program:
a. Develop a strategic economic development plan to guide redevelopment.
b. Implement the strategic plan through the Main Street AmericaTM Four -Point
Approach to downtown revitalization.
c. Create a positive image for downtown that spurs investment, business and
residential development, jobs and volunteerism.
d. Identify and convey practical, valuable, and implemental tools for downtown
economic development.
WITNESSETH
That for and in consideration of the mutual promises and conditions set forth below, the City and
the Nonprofit agree to the following roles and responsibilities:
1. Duties of the City: The City agrees to:
A. Employ a full-time employee to direct the downtown revitalization of Dunn that will be
employed 40 hours per week for this activity.
B. Advertise and recruit for applicants for the employee in Item A above.
C. Involve a representative from the Nonprofit in the interview and selection process for the
employee in Section A.
D. Partner with the Nonprofit to meet the annual requirements as outlined in the NC Main
Street Annual Agreement.
E. Partner with the Nonprofit and provide resources and information that may be pertinent
in carrying out its charge.
F. Provide a quarterly report to the Nonprofit on the City's downtown revitalization
activities.
G. Utilize the Main Street' philosophy to partner with the Nonprofit in the development of a
strategic economic development plan for downtown and an implementation work -plan
based on the Main Street AmericarM Four Point Approach' to Downtown Revitalization
that includes: Economic Vitality, Design, Promotion and Organization, for downtown
Dunn, in order to enhance and preserve its status as a North Carolina Main Street
community.
a. Economic Vitality
i. Examine and make suggestions as necessary regarding current zoning,
ordinances, licensing and any other applicable municipal regulatory
requirements or processes in order to facilitate economic development
in the downtown business district.
ii. Partner with the Nonprofit to develop and implement incentives to
spur investment, business and residential development and to create
jobs.
iii. Provide mapping, market and demographic data to develop a market
driven economic development plan.
iv. In collaboration with Harnett County, provide tax base and tax records
information for downtown.
V. In partnership with the Nonprofit, measure the impact of the Main
Street program.
b. Design
i. Plan, contract for and oversee in partnership with the Nonprofit, the
public physical improvements along Main Street, such as sidewalks,
streetscape, parking, and beautification projects.
ii. Enforce state and local ordinances in downtown.
iii. In partnership with the Nonprofit, develop design recommendations
for downtown.
iv. In partnership with the Nonprofit, establish or manage a National
Register District of Historic Places and historic resources with best
practices.
V. Maintain and improve the public property and public space of
downtown to promote a Clean and Safe enviromnent.
c. Promotion
i. Assist with and facilitate the logistics of basic city services (permits,
street closings, police protection, garbage collection, etc.) as they
relate to the events held in downtown.
ii. Partner with the Nonprofit to establish a brand for downtown.
d. Organization
i. Direct the employee described in Section A to act as a liaison
between the City and the Nonprofit in order to better coordinate
downtown revitalization efforts for the City of Dunn. The NC Main
Street Annual Agreement and the requirements within shall serve as
the basis for the Nonprofit.
ii. The City will handle personnel issues with the full support of the city
human resources personnel and if needed, by the city attorney.
iii. The City will annually review the performance of the Main Street
Director in accordance to city human resources policy.
iv. The City will receive input from the Executive Committee of the
Nonprofit as to overall performance of the duties as outlined below as
part of the Main Street Director's annual evaluation.
V. Direct employee to attend all Main Street training as required in
annual agreement
2. Duties of the Nonprofit: The Nonprofit agrees to:
A. Bring the resources of the City, the Nonprofit and the downtown community together,
with the understanding that the Nonprofit's role is to undertake activities which will
assist in, enable, or expedite the development of downtown Dunn adding value to
downtown and the community.
B. Partner with the City to meet the annual requirements as outlined in the NC Main Street
Annual Agreement.
C. Partner with the City and provide resources and information that may be pertinent in
carrying out its charge.
D. Provide a quarterly report to the City on the Nonprofit's downtown revitalization
activities.
E. Utilize the Main Street' philosophy to partner with the City in the development of a
strategic economic development plan for downtown and an implementation work -plan
based on the Main Street AmeriWm Four Point Approach" to Downtown Revitalization
that includes: Economic Vitality, Design, Promotion and Organization, for downtown
Dunn in order to enhance and preserve its status as a North Carolina Main Street
community.
a. Economic Vitality
i. Create and maintain a comprehensive downtown property inventory
database including building images, owner contact information, building
condition, past -current -potential uses, etc.
ii. Create and maintain a comprehensive downtown business and use
inventory database including business owner contact information, goods
and services and hours of operation, etc.
iii. Partner with the City to develop and implement incentives to spur
investment, business and residential development and to create jobs.
iv. Partner with the City to develop and conduct survey of downtown
stakeholders to determine what would better facilitate business
development in downtown.
v. Create a business retention, expansion and recruitment program.
vi. In partnership with the City, measure the impact of the Main Street
program and maintain impact and tax base data to demonstrate
benchmarks.
b. Design
i. In partnership with the City, develop design guidelines for downtown, and
promote the value of, and educate property owners on, appropriate design
improvements for a historic downtown business district.
ii. Provide aid and resources to business and property owners during any type
of business disruptions.
iii. Assist City as needed with public physical improvement projects.
iv. Provide facade improvement assistance to downtown business and
property owners through the NC Main Street & Rural Planning Center.
c. Promotion
i. Partner with the City to establish a brand for downtown.
ii. Work with downtown stakeholders to develop and implement retail
promotion activities.
iii. Develop and manage downtown events to take place in downtown Dunn.
iv. Develop and maintain a comprehensive marketing campaign for
downtown.
v. Promote downtown as a mixed -use center of activity.
d. Organization
i. Maintain a viable Nonprofit in accordance to the organization's articles of
incorporation as fled with the Secretary of State.
ii. Maintain a viable organization composed of the main stakeholders for the
downtown community or if the district has a Municipal Service District
(MSD) an organization composed of stakeholders within the MSD (see
NOTE below in iii).
iii. Maintain a Board of Directors in accordance with the Nonprofit bylaws.
iv. Partner with the City to ensure the completion of the annual program
assessment in accordance with the NC Main Street Annual Agreement.
v. Partner with the City to ensure the completion of the annual program
statistics in accordance with the NC Main Street Annual Agreement.
vi. Develop and coordinate opportunities to spur volunteerism for downtown
and to become involved in the downtown revitalization efforts.
vii. Attend NC Main Street trainings in accordance with the NC Main Street
Annual Agreement.
3. Invoices: The City shall pay the Nonprofit within 30 days of receipt of a valid invoice for any
type of payment agreed upon by both the City and the Nonprofit.
4. Amendments: This Agreement may be amended, in writing, by mutual agreement of the City
and the Nonprofit.
5. Term: This Agreement, unless amended as provided herein, shall be in effect until July 2025
6. "Termination: The City or the Nonprofit each reserve the right to terminate the Agreement
upon 90 days written notice.
7. Non -Discrimination: In matters of employment, provision of services and contracting, the
Nonprofit agrees to act without regard to race, color, sex, religion, age, national origin,
sexual orientation or handicapped status.
IN WITNESS WHEREOF, the parties hereunto cause this agreement to be executed in their
respective names.
CORPORATION
U46�_'t_
TITLE
►�i.� .� VIM
I � •
CITY OF DUNN
MAYOR
ATTEST BY CITY CJ�ERK:
y t
CITY CLERK attests date this the 11°i day of August 2020.
Approved „Io Form xr uthorization
CITf A " ORN Y
STY OF '
SEAL
This instrument has been pre -audited in the manner required by the Local Government Budget
and Fiscal Control Act.
FI ANCE DIRECTOR