01-09-2018 AgendaDunn City Council
Meeting Agenda
Tuesday Evening, January 9, 2018
7:00 p.m., Dunn Municipal Building
Call to Order
Invocation
Pledge of Allegiance
SECTION
1) Adjustment and Approval of the January 9, 2018 meeting agenda
PRESENTATIONS
2) Presentations— New Employees
3) Presentations— Employee Recognition
PUBLIC COMMENT PERIOD
4) Each Speaker is asked to limit comments to 3 minutes, and the total comment period will be 30
minutes. Citizens must sign up and register on a sign-up sheet available on the podium within the
City Council Chambers prior to the start of the meeting.
CONSENT ITEMS
5) Minutes — December 12, 2017
6) Budget Amendment — BA #8 — Traveling Screen Purchase for Water Plant
7) Budget Amendment — BA #9 — Brownfields Grant
8) Adopt a Resolution to Authorize an Application and Accept the Agreement of Conditions for the NC
Governor's Highway Safety Program Grant
ITEMS FOR DISCUSSION AND/OR DECISION
9) Consideration of Telephone Agreement
10) Board Appointments
11)--Financial Report----------------------- ------------------
12) Administrative Reports
a. Tax Report
b. Planning & Inspections Report
c. Public Works Report
d. Recreation Report
e. Library Report
f. Police Report
13) City Manager's Report
14) Announcements
15) Information
16) Closed Session — If one is called, the General Statute(s) allowing the Closed Session will be
cited in the motion
ADJOURNMENT
"This institution is an equal opportunity provider and employer"
SECTION 1.
Adjustment1 Approval
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Meeting Date: Januarl
1989
SUBJECT TITLE: New Employee Introductions
Presenter: City Manager Neuschafer
Attachment: Yes X No
Public Nearing Advertisement Date:
PURPOSE:
Police Department
Dustin Miller — Police Officer
Public Works Department
Joe Jones — Fleet Maintenance Mechanic
ACKGROUND:
BUDGET IMPACT:
RECOMMENDATION/ACTION REQUESTED:
Description: New Employee Introductions
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SUBJECT TITLE: Employee Recognition
Presenter: City Manager Neuschafer
Department:
Attachment: Yes X No
Description: Employee Recognition
Public Hearing Advertisement Date:
Plannine & Inspections Department
Melissa Matti — Certified Municipal Cleric
Police Department
Lt. Rodney Rowland — Advanced Law Enforcement Certificate
BACKGROUND:
BUDGETIMPACT:
RECOMMENDATIONIACTION REQUESTED:
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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
tale 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.
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SUBJECT TITLE: Minutes — December 12, 2017
Presenter:
Department:
Attachment: X Yes No
Description: December 12, 2017 — Minutes
Public Hearing Advertisement Date: N/A
PURPOSE:
Attached please find the minutes of the December 12, 2017 City Council meeting for your
consideration.
BACKGROUND:
BUDGET IMPACT:
RECOMMENDATION/ACTION REQUESTED:
MINUTES
CITY OF DUNN
DUNN, NORTH CAROLINA
The City Council of the City of Dunn held a Regular Meeting on Tuesday, December 12, 2017, at 7:00 p.m. in the
Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tem Billy Barfield, Council Members
Buddy Maness, Dr. Gwen McNeill, Frank McLean, Billy Tart, and Chuck Turnage. Also present was City Manager
Steven Neuschafer, Finance Director Mark Stephens, Public Works Director Dean Gaster, Chief Building Inspector
Steven King, Planning & Inspections Director Samantha Wullenwaber, Police Chief Chuck West, Recreation Director
Brian McNeill, Human Resources Director Anne Thompson, Librarian Mike Williams, Attorney Tilghman Pope, City
Clerk Jennifer Fortin, and Daily Record Reporter Melody Brown -Peyton.
INVOCATION
Mayor Harris opened the meeting at 7:00 p.m. and Reverend Dennis Manuel, Police Chaplain and Apostle of East Granville
Street Church, to give the invocation. Afterwards, the Pledge of Allegiance was repeated.
AGENDA ADJUSTMENT AND APPROVAL
Motion by Council Member Tart and seconded by Council Member Turnage to adopt the December 12, 2017 meeting agenda
with changes, if any, as listed below.
Agenda Items Added:
• none
Agenda Items Removed:
• none
Motion unanimously approved.
PRESENTATION
Oath of Office — Police Chief
Wake County Sheriff Donnie Harrison administered the Oath of Office to Police Chief Charles L. "Chuck" West II
5 Minute Recess
PUBLIC COMMENT PERIOD
Each speaker is asked to limit comments to 3 minutes, and the total comment period will be 30 minutes. Citizens must sign
up and register on a sign-up sheet available on the podium within the City Council Chambers prior to the start of the meeting.
Mayor Harris read the City of Dunn City Council Public Comment Policy.
Hearing no comments, Mayor Harris closed the Public Comment portion of the agenda.
PUBLICHEARINGS
Rezoning request RZ-04-17
City -Initiated Large Scale Rezoning Phase 5 —Final Phase
The public has been notified that oral and written comments will be heard and received concerning the City -Initiated
rezoning of properties in the southern portion of our jurisdiction, with boundaries as follows: W. Cumberland Sheet south to
the end of the City of Dunn jurisdiction and west of Railroad Avenue. The City is initiating the rezoning to amend the
rezoning mal to reflect the current use of properties and the 2030 land use plan.
The public hearing was duly advertised on November 21" and 28, 2017 and December 5c`, 2017.
Hearing no comments, Mayor Harris closed the public hearing.
Ordinance Amendment — OA-06-17
Chapter 15 Parks and Recreation
This is a request to hereby amend Chapter 15, Parks and Recreation of the City of Dunn Code of Ordinances.
The public hearing is the opportunity for the Council to heat comments and opinions from the public to include any party for
or against the request.
The public hearing was duly advertised on Wednesday, November 29, 2017.
Hearing no comments, Mayor Harris closed the public hearing
CONSENTITEMS
Minutes — Council considered approval of the minutes of November 14, 2017 City Council Meeting
Budget Amendment #6 — BA #6 — Repairs to W WTP from a Lightning Storm. A copy of BA 46 is incorporated into these
mimites as Attachment #1.
Budget Amendment #7 —BA #7 —FEMA Repairs Caused by Hurricane Matthew. A copy of BA #7 is incorporated into these
minutes as Attachment #2.
Motion by Council Member McLean and seconded by Council Member Barfield to approve all consent items. Motion
unanimously approved.
ITEMS TOR DECISION
Audit Report
Fiscal Year 2016-2017
Phyllis Pearson fiom Petway, Mills & Pearson, PA, presented the Audit Fiscal Year 2015-2016 to Council. Ms. Pearson
noted a single audit was conducted under government auditing standard. It was an unmodified audit opinion, which is the
best audit report to be given.
Motion by Council Member Barfield mid seconded by council Member McNeill to accept and approve the Audit for Fiscal
Year 2016-2017 as presented. Motion unanimously approved.
Sampson County Water Purchase Contract Amendment
Public Works Director Gaster stated that on January 4, 1996 the Sampson County Water and Sewer District entered into a
forty (40) year contract with the City of Dunn to purchase water. There was no guaranteed minimum of gallons to be
purchased in the original contract. On October 4, 2014 the original contact was amended to include a guaranteed minimum
quarterly usage (based on a running three (3) billing cycle period) of not less than thirty (30) million gallons per quarter, or
approximately 333,333 gallons per day. On April 28, 2015 the City received notice from Edwin Causey, Sampson County
Manager, that the County had installed a well system to provide water to the Sampson County Water and Sewer District 2
and requested the existing interconnections be available for emergency use after July 1, 2015.
Due to water quality issues in the northern portion of the Sampson County Water and Sewer District 2, Sampson County has
requested an amendment to the original contract to include a guaranteed minimum quarterly usage (based on a running three
(3) billing cycle period of not less than 10.5 million gallons or approximately 116,667 gallons per day. With NC Public
Water Supply approval, the provision of water to Sampson County Water and Sewer District 2 would begin on January 2,
2018.
This would bring revenue to the City of approximately $84,000 annually.
Motion by Council Member Turnage and seconded by Council Member Maness to amend the January 4, 1996 Water
Purchase Contract between the City of Dunn and the Sampson County Water and Sewer District 2.
Council Member Maness asked if all the other terms of the contract remain the same.
Public Works Director Gaster stated yeas and the City has also asked for access to their system so the City will know the
amount of water they are using at any given time, and they have agreed to that condition.
Council Member Maness asked if we could accurately measure the flow.
Public Works Director stated once the valve is open we will re -calibrate the both meters as it has been sitting dormant for
over two years.
Motion unanimously approved.
Consideration of Resolution
Adopting the 2018 Regular Meeting
Schedule for the City of Dunn
City Council
A resolution establishing the City Council meeting dates for 2018 was considered by the Council.
Motion by Council Member Maness and seconded by Turnage to adopt a Resolution Establishing the 2018 Regular Meeting
Schedule for the Dunn City Council. Motion unanimously approved. A copy of Resolution (R2017-25) Establishing the
2018 regular meeting schedule is incorporated into these minutes as Attachment #3.
Rezoning Request — RZ-04-17
City -Initiated Large Scale Rezoning Phase 5 —Final Phase
Planning and Inspections Director Wullenwaber stated the zoning map is being amended to reflect the current use of
properties as well as the 2030 land use plan. Some examples of properties that are affected include the following situations:
1) There are some properties zoned residential but are being used for commercial businesses or industrial use and they
should be zoned to what they are being used for a restaurant, business, manufacturing plant, etc.
2) A couple years ago the Planning Board and City Council approved the creation of RA-40 District. This district was
created for the ETI to use for larger tracts of land that are residential but also agricultural. The RA-40 District has
not been implemented in this area on the zoning map and should be in place where applicable.
3) The C-2 Shopping Center District is designed to be for one owner shopping centers not strip malls that are divided
into much smaller parcels, therefore those were changed to C-3; Highway Commercial District.
4) Some properties are not being affected by the zoning changes. None of the proposed zoning changes are detrimental
to the area or inconsistent with the land use plan.
The public has been notified that oral and written consent will be heard and received concerning the City -Initiated rezoning
of properties in the southern portion of our jurisdiction, with boundaries as follows: W. Cumberland Street south to the end of
the City of Dunn jurisdiction and west of Railroad Avenue.
The City is initiating the rezoning to amend the zoning map to reflect the current use of properties and the 2030 land use plan.
The Planning Board met on November 28, 2017 to review the request and ask for comments fiom the public. There was no
one present to speak for or against the request. The Planning Board voted unanimously to recommend approval of the
request.
Motion by Council Member Barfield and seconded by Council Member McLean to approve the request to rezone parcels in
the southern portion of our jurisdiction with the following justification: The City of Dunn Land Use Plan is reflected in the
proposed zoning changes. The areas affected are not in area four of the land use plan. The amendments are not inconsistent
with the adjoining and surrounding land uses nor are they considered detrimental. The changes should not negatively impact
property owners. The permitted uses in the districts are not considered detrimental to the area and would be beneficial to the
entire community. A copy of the staff report and map are incorporated into these minutes as Attachment #4.
Ordinance Amendment — OA-06-17
Chapter 15, Parks and Recreation
Council Member Turnage stated the updating of the Parks and Recreation Conunission to an Advisory Board was an
ordinance and bylaws for the government process. As a Council Representative on the Advisory Board, there is a lack of
attendance of members and lack of scope and focus of the Advisory Board and has been a detriment to the group and the
Director. We as a Council must first select Advisory Board members willing to make the commitment to attend meetings,
serve the citizens of Dum and participate in the planning for the future Parks and Recreation Facilities and activities for our
children. The new direction is proposed for the Advisory Board to advise the Director and Council on Parks and Recreation
future requirements, assess the feasibility, develop and consider funding approaches. Additionally, the Advisory Board must
work with other City Departments, Boards and groups when developing long range plans, specifically to Sections 15-32 and
15-33 of the ordinance presented tonight. Council Member Turnage recommends to allow for the seven members with no
alternates. The reason for the proposed two alternates is to ensue a quorum for meetings in order to approve an action.
I would like it to be enforce that the Advisory Board stick to the attendance of scheduled meetings and members relinquish
their seat on the Board if they miss two consecutive meetings, as stated in the ordinance.
Council Member McLean stated he would like to hear from the Director and City Manager.
Recreation Director McNeill stated the changes being recommended in the ordinance is to update the ordinance from where it
was as the Recreation Commission in the early 1970's to what the Board would represent today. The main concerns are
including out of town residents to be able to apply for positions on the Board. The Board and I feel a qualified individual
whether living in the City limits or outside can provide a good perspective of things that could improve our programs and
parks. They could also help build relationships and partnerships outside the City limits.
Regarding the alternate members, we have been having issues with having a quorum at the meetings. The last Meeting was
April 2017. We are recommending alternate members, which they are able to vote in the absence of a regular member. They
would not have a vote when all regular members are present. We would like to reduce the board size down to five regular
members with two alternates, because of the quorum issues. We are also recommending to add in an attendance policy,
where we require a member to relinquish their seat if they miss two consecutive meetings.
Council Member Maness inquired as to how many members are on the Recreation Commission.
Recreation Director McNeill stated seven positions
Council Member Maness asked if there were other municipalities that have provisions for people who live outside their
municipal limits.
Recreation Director McNeill stated Lillington requires to have two positions for non-resident, What I am recommending is
for the ability for non-residents to apply. The Town of Smithfield require one position for out of town and they also require
the position for a high school student to bring in a youth perspective.
Motion by Council Member Turnage and seconded by Council Member McLean to approve Ordinance Amendment OA-06-
17, Chapter 15 Parks and Recreation Ordinance with the change of.deleting the alternate member and have all seven as
primary members and changing the quorum from three to four members. Motion approved with Council Members
Turnage, Barfield, Tart and McLean voting "aye" and Council Members Maness and McNeill voting "nay". A copy of
Ordinance (02017-34) OA-06-17, Chapter 15 Parks and Recreation is incorporated into these minutes as Attachment #5.
Consideration of Ordinance to Demolish House
604/606 S. Fayetteville Avenue
PIN# 1516-45-7909.000
Chief Building Inspector Steven King has conducted an inspection at 604/606 S. Fayetteville Avenue and based upon his
observations, the structure failed to comply with the minimum standards of fitness established by the Minimum Housing
Code of the City of Dunn. The Building Inspector also found the dwelling dangerous or prejudicial to the public health or
public safety and is a nuisance in violation of G.S. §160A-193.
The owner of the property has failed to comply with the Building Inspector's order and according to N.C.G.S. §160A-443,
the City Council has the power to proceed with the demolition of this property.
This matter was tabled at the May 9, 2017, the July 11, 2017, the September 12, 2017, and the October 10, 2017 Council
Meetings to be brought before the City Council at the December 12, 2017 Council Meeting to allow the property owner more
time to make repairs on the dwelling. At this time, no additional inspections for repairs have been documented since the
October 10, 2017 Council Meeting. The repairs/renovation of the dwelling remains at approximately 40% completed.
Chief Building Inspector King noted there has been no progress since the last meeting. The owner has stated he is having
financial problems and he is still trying to find a plumber. The electrical was completed in October. Chief Building Inspector
King recommended until February.
Mayor Harris deferred this issue until the February 20, 2018 meeting with no objection.
ITEM FOR DISCUSSION
AND/OR DECISION
Consideration of Resolution Authorizing Issuance of
Tax -Exempt Bonds for Pinewood Apartments, LLC
Finance Director Stephens stated this issue was brought before Council at the last meeting. An offer was made to make a
payment in lieu of taxes. Since then they have come back to the City Manager with an offer to pay ten years in lieu of taxes
for a total of $99,814 and once that ten years have passed they will make a payment in lieu of what equates to the property
taxes.
Mayor Harris inquired as to how that compilation for that amount was reached.
Mr. Garcia - advisor for the company stated the calculation was based on the property tax amount that was owed this year
and added an arbitrary 3% for the next ten years and then took the net present value at a 10% discount.
Attorney Pope stated the city cannot bind future property owners to this agreement, it is specifically for this company.
Motion made by Council Member Tart and seconded by Council Member McLean to approve the Resolution submitted by
the City Attorney in reference to the bond request for Pinewood Apartments, LLC. Motion unanimously approved. A copy
of Resolution (R2017-26) is incorporated into these neinutes as Attachment #6.
Financial Report
Finance Director Mark Stephens provided the following financial report for the period ending October 31, 2017:
• The City as of October 31, 2017 had $1,950,562 in cash in the General Fund and $2,703,792 in the Water and
Sewer Fund. In October 2016 the City had $1,502,786 in the General Fund and $2,241,137 in the Water and
Sewer Fund.
• Property Tax collections through October were $670,231 or less than 17.46% of budget. Last year property tax
collections through October were $734,378 or 19.87% of budget.
• Sales Tax Revenue is $538,785 or 27.57% of budget. Benchmark for the month 25.00% of budget.
• Utilities Sales Tax is $166,376 or 22.39% of budget. Benchmark for this month is 25.00% of budget.
• Building Permit Fees were $25,168 or 38.72% of budget. Benchmark for this month is 33.33% of budget.
• Water and Sewer Revenues were $1,521,800 or 32.04% of budget. Benchmark for this month is 33.33% of
budget
• Expenditures were 29.94% of budget in the general fund and 30.25% of budget in the water and sewer fund.
The benchmark for this period is 33.33% of budget.
Motion by Council Member Barfield and seconded by Council Member McLean to accept the Financial Report. Motion
carried unanimously.
ADMINISTRATIVE REPORTS
Tax Report
Planning & Inspections Report
Public Works Report
Recreation Report
Library Report
Police Report
Motion by Council Member Tart and seconded by Council Member McLean to accept the Administrative Reports. Motion
unanimously approved.
City Manager's Report
City Manager Neuschafer noted the following:
• The Public Works Department is working diligently to keep the up with bulls leaf pick-up.
• As the New Year approaches, the City will be looking at budget preparations and planning for the next fiscal year.
There are several outstanding projects that will be completed in the second half of this fiscal year such as paving,
stonnwater and water and sewer projects.
Librarian Mike Williams gave a brief update from the Library Department. A copy of the report is incorporated into these
minutes as Attachment V.
ANNOUNCEMENTS
The following announcements and/or comments were made.
Mayor Harris:
➢ City of Dunn offices will be closed on Monday December 256', Tuesday, December 26' and Wednesday, December
2711' to observe Christmas and Monday, January 1, 2018 for New Year's Day
➢ The next regular City Council Meeting is scheduled for Tuesday, Monday, January 9, 2018 @ 7:00 p.m.
➢ In reference to the Board vacancies that exist as of today there are three vacancies on the Cemetery Board, two
vacancies on the Board of Adjustment and there are four vacancies on the Recreation Board.
Motion by Council Member Turnage and seconded by Council Member McLean to adjourn the meeting at 8:41 p.m. Motion
unanimously approved.
Oscar N. Harris
Mayor
Attest:
Jennifer M. Fortin, CMC
City Clerk
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1989 * 2013 198!11
SUBJECT TITLE: Budget Am ment #8
Presenter: Mark Stephens r9
Department: Finance
Attachment: x Yes No
Budget Amendment #8
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Public Hearing Advertisement Date:
PURPOSE:
To record Budget Amendment #8
BACKGROUND:
The traveling water screen at the water plant needs replacing. This item was discussed at the August
2017 Council Meeting.
BUDGETIMPACT:
The cost of the traveling water screen is $115,300 plus estimated installation cost of 85% of the cost of
the screen gives us a total cost of $215,000. We are using the water/sewer surplus from
fiscal year 2016-2017 to fund this project.
RECOMMENDATIONIACTION REQUESTED:
Approve Budget Amendment #8.
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SUBJECT TITLE: Budget An^dment
#9
Presenter: Mark Stephens
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Attachment: XYes
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Budget Amendment#9
Public Hearing Advertisement Date:
PURPOSE:
To record Budget Amendment #9
BACKGROUND:
The City was award a Brownfields grant through the EPA.
BUDGET IMPACT:
None. The grant requires no match.
RECOMMENDATION/ACTION REQUESTED:
Approve Budget Amendment 99.
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JanuaryMeeting Date:
SUBJECT TITLE: Adopt a Resolution to Authorize an Application and Accept the Agreement of Conditions
NC Gover s Highway Safety Program Grant
Presenter: Mark Stephens j _
Department: Finance
Attachment: X Yes No Resolution & Agreement of Conditions
Public Hearino Advertisement Date:
[••
To adopt the "Local Government Resolution and accept the Agreement of Conditions authorizing
the Police Department to file an application and accept a grant through the NC Governor's Highway
Safety Program for year 3 of a 4 year grant.
BACKGROUND:
BUDGETIMPACT:
50% Local Match in Year 3 of $57,250 which has been budgeted in the police department.
RECOMMENDATIONIACTION REQUESTED:
Motion to adopt the resolution authorizing the police to apply and accept a grant through the NC
Governor's Highway Safety Program.
North Carolina Governor's Highway Safety Program
LOCAL GOVERNMENTAL RESOLUTION
WHEREAS, the Dunn Police Department
"Agency")
(herein called the
Resolution
(The Applicant Agency)
has completed an application contract for traffic safety funding; and that City of Dunn
(The Governing Body of the Agency)
City Council (herein called the "Governing Body") has thoroughly considered the problem
identified and has reviewed the project as described in the contract;
THEREFORE, NOW BE IT RESOLVED BY THE City of Dunn IN OPEN
(Governing Body)
MEETING ASSEMBLED IN THE CITY OF Dunn NORTH CAROLINA,
THIS 09 DAY OF January 20 18 , AS FOLLOWS:
1. That the project referenced above is in the best interest of the Governing Body and the general public; and
2. That Captain J.F. Royal is authorized to file, on behalf of the Governing
(Name and Title of Representative)
Body, an application contract in the form prescribed by the Governor's Highway Safety Program for federal
funding in the amount of $ 57,750 to be made to the Governing Body to assist in defraying
(Federal Dollar Request)
the cost of the project described in the contract application; and
3. That the Governing Body has formally appropriated the cash contribution of $ 57,750 as
(Local Cash Appropriation)
required by the project contract; and
4. That the Project Director designated in the application contract shall furnish or make arrangement for other
appropriate persons to furnish such information, data, documents and reports as required by the contract, if
approved, or as may be required by the Governor's Highway Safety Program; and
5. That certified copies of this resolution be included as part of the contract referenced above; and
6. That this resolution shall take effect immediately upon its adoption.
DONE AND ORDERED in open meeting by
ATTESTED BY
DATE 01 /09/2018
Rev. 7/11
(Chairperson/Mayor)
SEAL
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North Carolina Governor's Highway Safety Program
Agreement of Conditions
INITIALS Revised 08/2017
This Agreement is made by and between the North Carolina Department of Transportation, hereinafter referred to
as the "Department", to include the Governor's Highway Safety Program, hereinafter referred to as "GHSP"; and
the applicant agency, for itself, its assignees and successors in interest, hereinafter referred to as the "Agency".
During the performance of this contract, and by signing this contract, the Agency agrees as follows:
A. Federal Provisions
1. Equal Opportunity/Nondiscrimination. The Agency will agree to comply with all Federal statutes and
implementing regulations relating to nondiscrimination concerning race, color, sex, religion, national
origin, handicaps, and age. These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d at seq., 78 stat. 252);
(b) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U,S.C.
4601)
(c) Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments
of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686);
(d) Non -Discrimination in Federally -assisted programs of the United States Department of Transportation
- Effectuation of Title VI of the Civil Rights Act of 1964 (49 CFR Part 21), hereinafter referred to as
"USDOT", as amended;
(a) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 at seq.), as amended, and 49 CFR Part
27;and
(f) The Age Discrimination Act of 1976, as amended (42 U.S,C. 6101 at seq.);
(g) The Civil Rights Restoration Act of 1987, (Pub. L. 100-209);
(h) Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189);
(1) Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations
and Low -Income Populations;
(j) Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency
2. Drug Free Workplace. The Agency agrees to comply with the provisions cited in the Drug -Free
Workplace Act of 1988 (41 U.S.C. 8103).
3. Federal Grant Requirements and Contracts. The Agency shall comply with the following statutes and
implementing regulations as applicable:
(a) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2
CFR Part 1201);
(b) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2
CFR Part 200) and all other relevant Federal regulations covering the Highway Safety Program;
(c) NHTSA Highway Safety Grant Funding Guidance, as revised, July 2015 (www.nhtsa,gov) and
additions or amendments thereto,
4. Political Activity (Hatch Act) The Agency will comply with provisions of the Hatch Act (5 U.S.C. 1601-
1508), which limits the political activities of employees whose principal employment activities are funded
in whole or in part with Federal funds,
6, Lobbying.
(a) Certification Regarding Federal Lobbying. The undersigned certifies, to the best of his or her
knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
(ii) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
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shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
(Ili) The undersigned shall require that the language of this certification be included in the award
documents for all sub -award at all tiers (including subcontracts, subgrants, and contracts under
grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering Into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure
(b) Restriction on State Lobbying. None of the funds under this program will be used for any activity
specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of
any specific legislative proposal pending before any State or local legislative body. Such activities
include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does
not preclude a State official whose salary is supported with NHTSA funds from engaging in direct
communications with State or local legislative officials, in accordance with customary State practice,
even if such communications urge legislative officials to favor or oppose the adoption of a specific
pending legislative proposal.
6. Audits.
(a) Audit Required. Non -Federal entities that expend $760,000 or more in a year in Federal awards
shall have a single or program -specific audit conducted for that year in accordance with the
provisions of 2 CFR, Subpart F, §200.500. Guidance on determining Federal awards expended is
provided in 2 CFR, Subpart F, §200.502.
(b) Single Audit. Non -Federal entities that expend $750,000 or more in a year In Federal awards shall
have a single audit conducted in accordance with 2 CFR, Subpart F, §200.501, except when they
elect to have a program -specific audit conducted in accordance with 2 CFR, Subpart F, §200.501,
paragraph (c).
(c) Non -Governmental Entities. Non -governmental entities (not -for -profit and for -profit entities) must
adhere to North Carolina General Statute 143C-6.22 and 09 NCAC Subchapter 03M.
7. instructions for Lower Tier Certification.
(a) By signing and submitting this proposal, the prospective lower tier participant (the Agency) is
providing the certification set out below and agrees to comply with the requirements of 2 CFR Parts
180 and 1300.
(b) The certification In this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition to other remedies available to
the Federal government, the department or agency with which this transaction originated may pursue
available remedies, including suspension and/or debarment.
(c) The prospective lower tier participant shall provide immediate written notice to the person to which
this proposal is submitted If at any time the prospective lower tier participant learns that its
certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
(d) The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person,
primary tier, principal, and voluntarily excluded, as used in this clause, have the meanings set out In
the Definition and Coverage sections of 2 CFR Part 180. You may contact the person to whom this
proposal is submitted for assistance In obtaining a copy of those regulations.
(e) The prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, It shall not knowingly enter into any lower tier covered
transaction with a person who Is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred,
suspended, declared ineligible, or voluntarily excluded from participation In this covered transaction,
unless authorized by NHTSA.
(f) The prospective lower tier participant further agrees by submitting this proposal that it will include the
clause titled "instructions for Lower Tier Certification" Including the "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction,"
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without modification, In all lower tier covered transactions and in all solicitations for lower tier covered
transactions and will require lower tier participants to comply with 2 CFR Parts 160 and.1300.
(g) A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, Ineligible, or voluntarily excluded from the covered transaction, unless It knows
that the certification is erroneous. A participant may decide the method and frequency by which it
determines the eligibility of its principals. Each participant may, but is not required to, check the List of
Parties Excluded from Federal Procurement and Non -procurement Programs.
(h) Nothing contained in the foregoing shall be construed to require establishment of a system of records
in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
(i) Except for transactions authorized under paragraph 7(e) of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, the department or agency with which this
transaction originated may disallow costs, annul or terminate the transaction, issue a stop work order,
debar or suspend you, or take other remedies as appropriate.
Q) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower
Tier Covered Transactions.
(1) The prospective lower tier participant (the Agency) certifies, by submission of this contract
proposal, that neither it nor Its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal Department or Federal Agency.
(11) Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participants shall attach an explanation to this contract proposal.
8. Buy America Act. The Agency and each subrecipient will comply with the Buy America requirement (23
U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient,
to purchase only steel, iron and manufactured products produced in the United States with Federal funds,
unless the Secretary of Transportation determines that such domestically produced items would be
Inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory
quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more
than 25 percent. In order to use Federal funds to purchase foreign produced Items, the State must submit
a waiver request that provides an adequate basis and justification to and approved by the Secretary of
Transportation.
9. Prohibition On Using Grant Funds To Check For Helmet Usage. The Agency and each subrecipient
will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints
that specifically target motorcyclists.
% Conditions for State, Local and Indian Tribal Governments. State, local and Indian tribal government
Agencies shall adhere to the standards established by 2 CFR Part 225, Cost Principles for State, Local,
and Indian Tribal Governments and additions or amendments thereto, for principles for determining costs
applicable to grants and contracts with state, local and Indian tribal governments.
11. Conditions for Institutions of Higher Education. If the Agency is an institution of higher education, It
shall adhere to the standards established by 2 CFR Part 215 Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit
Organizations and 2 CFR 220 Cost Principles for Educational Institutions for determining costs applicable
to grants and contracts with educational Institutions.
12. Gonditlons for Non -Profit Organizations. if the Agency is a non-profit organization, it shall adhere to
the standards established by 2 CFR Part 215 Uniform Administrative Requirements for Grants and
Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations and 2
CFR Part 230 Cost Principles for Non -Profit Organizations for determining costs applicable to grants and
contracts with non-profit organizations.
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13. Conditions for Hospitals. If the Agency Is a hospital, it shall adhere to the standards established by 2
CFR Part 215 Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Non -Profit Organizations and .
B. General Provisions
1. Contract Changes, This document contains the entire agreement of the parties. No other contract, either
oral or implied, shall supercede this Agreement. Any proposed changes in this contract that would result
in any change in the nature, scope, character, or amount of funding provided for in this contract, shall
require a written addendum to this contract on a form provided by the Department.
2. Subcontracts Under This Contract. The Agency shall not assign any portion of the work to be
performed under this contract, or execute any contract, amendment or change order thereto, or obligate
itself in any manner with any third party with respect to its rights and responsibilities under this contract
without the prior written concurrence of the Department. Any subcontract under this contract must include
all required and applicable clauses and provisions of this contract. Subcontracting does not relieve the
Agency of any of the duties and responsibilities of this agreement. The subcontractor must comply with
standards contained in this agreement and provide information that is needed by the Agency to comply
with these standards. The Agency must submit any proposed contracts for subcontracted services to the
Governor's Highway Safety Program for final approval no less than 30 days prior to acceptance.
3. Solicitation for Subcontracts, Including Procurements of Materials and Equipment. In all
solicitations, either by competitive bidding or negotiation, made by the Agency for work to be performed
under a subcontract, including procurements of materials or leases of equipment, each potential
subcontractor or supplier shall be notified by the Agency of the Agency's obligations under this contract.
Additionally, Agencies making purchases or entering into contracts as provided for by this contract must
adhere to the policies and procedures of 2 CFR Part 200 and North Carolina General Statute 143-128.4.
Historically underutilized business defined; statewide uniform certification as it pertains to Historically
Underutilized Businesses,
4. Incorporation of Provisions in Subcontracts. The Agency shall include the provisions of section A-1
through A-13 of this Agreement in every subcontract, including procurements of materials and leases of
equipment, unless exempted by the regulations, or directives issued pursuant thereto, The Agency shall
take such action with respect to any subcontract or procurement as the Department, the State of North
Carolina, hereinafter referred to as the "State", the National Highway Traffic Safety Administration,
hereinafter referred to as "NHTSA", or the Federal Highway Administration, hereinafter referred to as
"FHWA", may direct as a means of enforcing such provisions including sanctions for noncompliance.
Provided, however, that in the event the Agency becomes involved In, or is threatened with, litigation with
a subcontractor or supplier as a result of such direction, the Agency may request the Department or the
State to enter into such litigation to protect the interests of the Department or the State. In addition, the
Agency may request the NHTSA or FHWA to enter into such litigation to protect the Interests of the
United States.
6, Outsourcing. All work shall be performed in the United States of America. No work will be allowed to be
outsourced outside the United States of America.
6. Property and Equipment.
(a) Maintenance and inventory. The Agency shall maintain and Inventory all property and equipment
purchased under this contract.
(b) Utilization. The property and equipment purchased under this contract must be utilized by the
Agency for the sole purpose of furthering the traffic safety efforts of the Agency for the entire useful
fife of the property or equipment.
(c) Title Interest. The Department and NHTSA retain title interest in all property and equipment
purchased under this contract, In the event that the Agency fails or refuses to comply with the
provisions of this Agreement or terminates this contract, the Department, at Its discretion, may take
either of the following actions:
(1) Require the Agency to purchase the property or equipment at fair market value or other mutually
agreed to amount; or
(if) Require the Agency to transfer the property or equipment and title of said property or equipment,
if any, to the Department or to another Agency, as directed by the Department.
(d) Non -expendable Property. Non -expendable property is defined as property or equipment having a
value of $5000 or more with a life expectancy of more than one year. Non -expendable property
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purchased under this contract cannot be sold, traded, or disposed of in any manner without the
expressed written permission of the Department.
7. Promotional, Educational or other Materials. If allowed, any promotional, educational or other
materials developed using funds from this contract must be reviewed and approved by the GHSP prior to
their production or purchase. The cost of these materials is generally limited to a maximum of $5.00 per
item.
8. Review of Reports and Publications. Any reports, papers, publications, or other items developed using
funds from this contract must be reviewed and approved by the GHSP prior to their release.
9. Reimbursement,
(a) General. Payments are made on a reimbursement basis. There Is no schedule of advance payments.
Only actual allowable costs are eligible for reimbursement. Claims for reimbursement must be made
a minimum of quarterly and no more than once a month via the Grants Management System. Claims
for reimbursement not made within the three month threshold are subject to denial. The itemized
invoice shall be supported by documentation of costs as prescribed by the Department.
Reimbursements will not be processed if other required reports are incomplete or have not been
submitted. Failure to submit complete reports by the required deadline may result in denial of
reimbursement.
(b) Approval. The Governor's Highway Safety Program and the Department's Fiscal Section shall
approve the itemized invoice prior to payment.
(c) Unapproved Costs. Any rejected or unaccepted costs shall be borne by the Agency. The Agency
agrees that in the event the Department determines that, due to Federal or State regulations that
grant funds must be refunded, the Agency will reimburse the Department a sum of money equal to
the amount of Federal and State participation in the rejected costs.
(d) Final Claims for Reimbursement. Final claims for reimbursement must be received by the GHSP
within 30 days following the close of the approved contract period. Project funds not claimed by this
date are subject to reversion.
(a) Expending Funds Under This Contract. Under no circumstances will reimbursement be made for
costs Incurred prior to the contract effective date or after the contract ending date.
10. Project Costs. It is understood and agreed that the work conducted pursuant to this contract shall be
done on an actual cost basis by the Agency. The amount of reimbursement from the Department shall not
exceed the estimated funds budgeted in the approved contract. The Agency shall initiate and prosecute
to completion all actions necessary to enable the Agency to provide its share of the project costs at or
prior to the conclusion of the project.
11. Program Income, The Agency shall account for program income related to projects financed in whole or
In part with federal funds in accordance with 2 CFR 200,307. Program income earned during the contract
period shall be retained by the Agency and deducted from the federal funds committed to the project by
the GHSP unless approved in advance by the Federal awarding agency as an addition to the project.
Program Income must be accounted for separately and the records made available for audit purposes,
12. Project Directors, The Project Director, as specified on the signature page of this Agreement, must be
an employee of the Agency or the Agency's governing body, Any exception to this provision must have
the expressed written approval of GHSP.
13, Reports Required.
(a) Quarterly Progress Reports. Unless otherwise directed, the Agency must submit Quarterly
Progress Reports to the GHSP, on forms provided by the Department, which reflect the status of
project Implementation and attainment of stated goals, Each progress report shall describe the project
status by quarter and shall be submitted to GHSP no later than fifteen (15) days after the end of each
ua after. If the Agency fails to submit a Quarterly Progress Report or submits an Incomplete Quarterly
Progress Report, the Agency will be subject to having claims for reimbursement withheld. Once a
Quarterly Progress Report that substantiates adequate progress is received, cost reimbursement
requests may be processed or denied at the discretion of GHSP.
(b) Final Accomplishments Report, A Final Accomplishments Report must be submitted to the GHSP
within fifteen (15) days of completion of the protect, on forms provided by the Department, unless
otherwise directed. If the Agency fails to submit a Final Accomplishments Report or submits an
Incomplete Final Accomplishments Report, the Agency will be subject to having claims for
reimbursement withheld. Once a Final Accomplishments Report that substantiates adequate progress
is received, claims for reimbursement may be processed or denied at the discretion of GHSP.
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(c) Audit Reports. Audit reports required in Section A-6 above shall be provided to the Department
within thirty (30) days of completion of the audit.
14, Out -of -State Travel.
(a) General. All out-of-state travel funded under this contract must have prior written approval by the
Governor's Highway Safety Program.
(b) Requests. Requests for approval must be submitted to the GHSP, on forms provided by the
Department, no less than thirty (30) days prior to the intended departure date of travel.
(c) Agency Travel Policy Required. For Agencies other than state agencies, out-of-state travel
requests must include a copy of the Agency's travel policy, to include allowances for lodging, meals,
and other travel -related expenses. For state agencies, maximum allowable subsistence is limited to
the prevailing per diem rates as established by the North Carolina General Assembly.
(d) Agenda Required. Out-of-state travel requests must include a copy of the agenda for the travel
requested.
15. Conditions for Law Enforcement. In addition to the other conditions provided for in this Agreement,
grants to law enforcement agencies are subject to the following:
(a) Certifications Required.
(1) In -car Camera or Video System. For any in -car camera or video system purchased under this
contract, it is required that the operator of that equipment has successfully completed
Standardized Field Sobriety Testing training (SFST). A copy of this certificate must be filed with
GHSP prior to reimbursement of in -car camera or video systems.
(ii) Radar. For any radar equipment purchased under this contract, it is required that the operator of
that equipment has successfully completed Radar Certification Training. A copy of this certificate
must be filed with GHSP prior to reimbursement of radar equipment.
(111) Alcohol Screening Devices. For any preliminary alcohol screening devices purchased under
this contract, it Is required that the operator of that equipment has successfully completed the
Alcohol Screening Test Device training offered by the Forensic Test for Alcohol Branch.
(b) Report Required - Monthly Enforcement Data Report. In addition to the reports mentioned above,
law enforcement agencies engaging In enforcement activities must submit a Monthly Enforcement
Data Report on the form provided by the Department no later than fifteen (15) days after the end of
each month. If the Agency falls to submit a Monthly Enforcement Data Report or submits an
Incomplete Monthly Enforcement Data Report, the Agency will be subject to having cost
reimbursement requests withheld. Once a Monthly Enforcement Data Report that substantiates
adequate progress is received, cost reimbursement requests will be processed. The agency head
must sign the form. However, the agency head may assign a designee to sign the form by providing
written signature authority to the GHSP.
16, Conditions for Local Governmental Agencies.
(a) Resolution Required. If the Agency is a local governmental entity, a resolution from the governing
body of the Agency is required on a form provided by the Department.
(b) Resolution Content, The resolution must contain a commitment from the governing body to provide
the local funds as indicated In this contract. Additionally, the resolution Is required even If the funding
is one hundred percent from federal sources, as it serves as recognition by the governing body of
federal funding for purposes of Section A-6 above.
17. Seat Belt Policy and Use. Agency must adopt and enforce a seat belt use policy required for all seating
positions unless exempted by state law.
18. Prohibited Interests. No member, officer, or employee of the Agency during his or her tenure, and for at
least one (1) year thereafter, shall have any interest, direct or indirect, in this contract or the proceeds
thereof or therefrom.
19, Continued Federal and State Funding.
(a) Federal Funding. The Agency agrees and understands that continuation of this project with Federal
funds is contingent upon Federal funds being appropriated by the United States Congress specifically
for that purpose. The Agency further agrees and understands that in the event funds originally
appropriated by Congress for these grants are subsequently reduced by further acts of Congress,
funding to the Agency may be proportionately reduced.
(b) State Funding. The Agency agrees and understands that continuation of this project with funds from
the State of North Carolina is contingent upon State funds being appropriated by the General
Assembly specifically for that purpose. The Agency also agrees that any state funds received under
this contract are subject to the same terms and conditions stated in this Agreement.
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20. Performance. All grants provided by the Governor's Highway Safety Program are performance -based
and, as such, require that continual progress be made toward the reduction of the number and severity of
traffic crashes. Any agency, whose performance is deemed unsatisfactory by the GHSP, shall be subject
to the sanctions as provided for in this contract, Additionally, unsatisfactory performance shall be cause
for the Department to reduce or deny future funding.
21. Resolution of Disputes. Any dispute concerning a question of fact in connection with the work not
disposed of by contract by and between the Agency and the Department, or otherwise arising between
the parties to this contract, shall be referred to the Secretary of the North Carolina Department of
Transportation and the authorized official of the Agency for a negotiated settlement. In any dispute
concerning a question of fact in connection with the project where such negotiated settlement cannot be
resolved in a timely fashion, the final decision regarding such dispute shall be made by the Secretary of
the North Carolina Department of Transportation, with the concurrence of the Federal funding agency,
and shall be final and conclusive for all parties.
22. Department Held Harmless,
(a) For State Agencies. Subject to the limitations of the North Carolina Tort Claims Act, the Agency shall
be responsible for its own negligence and holds harmless the Department, its officers, employees, or
agents, from all claims and liability due to its negligent acts, or the negligent acts of Its
subcontractors, agents, or employees in connection with their services under this contract.
(b) For Agencies Other Than State Agencies. The Agency shall be responsible for Its own negligence
and holds harmless the Department, its officers, employees, or agents, from all claims and liability
due to its negligent acts, or the negligent acts of Its subcontractors, agents, or employees in
connection with their services under this contract.
23. Records Access and Retention. The Agency shall provide all information and reports required by the
regulations or directives issued pursuant thereto, and shall permit access to Its books, records, accounts,
other sources of information, and Its facilities as may be determined by the Department, the State,
NHTSA, or FHWA, as appropriate, to be pertinent to ascertain compliance with such regulations, orders
and Instructions. Furthermore, the Agency shall maintain such materials during the contract period, and
for five (5) years from the date of final payment from the Department or until all audit exceptions have
been resolved, for such inspection and audit. Where any information required of the Agency is in the
exclusive possession of another who fails or refuses to furnish this information, the Agency shall so certify
to the Department, State, NHTSA, or FHWA, as appropriate, and shall set forth what efforts it has made
to obtain the information. Pursuant to N.C,G,S. §147-64.7, the Department, the State Auditor, appropriate
federal officials, and their respective authorized employees or agents are authorized to examine all
books, records, and accounts of the Agency insofar as they relate to transactions with any department,
board, officer, commission, institution, or other agency of the State of North Carolina pursuant to the
performance of this Agreement or to costs charged to this Agreement.
24. Sanctions for Non -Compliance. The applicant Agency agrees that If it fails or refuses to comply with
any provisions and assurances in this contract, the Department may take any or all of the following
actions:
(a) Cancel, terminate, or suspend this contract in whole or in part;
(b) Withhold reimbursement to the Agency until satisfactory compliance has been attained by the
Agency;
(c) Refrain from extending any further funding to the Agency under this contract with respect to which the
failure or refusal occurred until satisfactory assurance of future compliance has been received from
the Agency;
(d) Refer the case to the United States Department of Justice for appropriate legal proceedings.
25. Cancellation, Termination, or Suspension of Contract.
(a) By the Department. For noncompliance with any of the said rules, regulations, orders or conditions,
due to management deficiencies or criminal activity this contract may be immediately canceled,
terminated, or suspended in whole or in part by the Department. For noncompliance not indicative of
management deficiencies or criminal activity the Department shall give sixty (60) days written notice
to take corrective action. If the Agency has not taken the appropriate corrective action after sixty (60)
days the Department may cancel, terminate, or suspend this contract In whole or in part.
(b) By mutual consent. The Agency or the Department may terminate this contract by providing sixty
(60) days advanced written notice to the other party.
(c) Unexpended funds. Any unexpended funds remaining after cancelation or termination will revert to
the Department.
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26. Completion Date. Unless otherwise authorized in writing by the Department, the Agency shall
commence, carry on, and complete the project as described in the approved Highway Safety Project
Contract by September 30 of the Federal fiscal year for which it was approved.
27. E-Verify requirements. If this contract is subject to NCGS 143-133,3, the contractor and its
subcontractors shall comply with the requirements of Article 2 of Chapter 64 of the NC General Statutes,
28, Certification of Eligibility Under the Iran Divestment Act. Pursuant to G.S. 147-86.59, any person
identified as engaging In Investment activities in Iran, determined by appearing on the Final Divestment
List created by the State Treasurer pursuant to G.S. 147-86.68, is ineligible to contract with the State of
North Carolina or any political subdivision of the State. The Iran Divestment Act of 2015, G.S. 147-56 et
seq. requires that each Agency, prior to contracting with the State certify, and the undersigned Agency
Authorizing Official on behalf of the Agency does hereby certify, to the following:
(a) that the Agency is not now and was not at the time of the execution of the Contract dated below
Identified on the Final Divestment List of entities that the State Treasurer has determined engages in
investment activities in Iran;
(b) that the Agency shall not utilize on any contract with the State agency any subcontractor that is
identified on the Final Divestment List; and
(c) that the undersigned Agency Authorizing Official is authorized by the Agency to make this
Certification.
29. Agency Fiscal Year. The end date for the Agency's fiscal year is
30. Signature. By signing below, the Agency agrees to adhere to the terms and conditions of this Agreement.
AGENCY PROJECT DIRECTOR
NAME
TITLE
ADDRESS
SIGNATURE
DATE
TELEPHONE NUMBER
AGENCY AUTHORIZING OFFICIAL
NAME
TITLE
ADDRESS
SIGNATURE DATE TELEPHONE NUMBER
AGENCY OFFICIAL AUTHORIZED TO RECEIVE FUNDS
NAME
TITLE
ADDRESS
SIGNATURE
DATE
TELEPHONE NUMBER
Page 8
_UNN
All -America City
ncil Agenda
,
� ii
Meeting Date-, January 9,
18
1989*2013
SUBJECT TITLE: Consideration of Telephone Agreement
Presenter: City Manager Neuschafer
Department: Administration
Attachment: XYes No Description:
Public Hearing Advertisement Date:
PURPOSE:
Upgrade and replace the structured phone system in City Hall, Public Works, Planning & Inspections
and Parks & Recreation. The new system fiom Spectrum will allow 4-digit dial and call transfers
between departments as well as many other features.
The new system will be backed by a service level agreement to cover performance and uptime. Voice
service will be transmitted over a private fiber optic network not over public internet.
:_e. :• kI
During Hurricane Matthew 2016, a power surge damaged the existing phone system in City Hall. Used
replacement parts were secured from a parts retailer in Florida and the system is running on those parts
now. We have spoken to and have received quotes fiom Harnett County IT, Century Link and
Spectrum to compare features, service and cost.
BUDGETIMPACT:
There will be a cost increase across the departments, but this solution has the best cost benefit of the
three options.
Current charges for voice service from Century Link would be cancelled. Lines for fax, credit and
security will remain in place.
RECOMMENDATIONIACTION REQUESTED:
authorize the City Manager to negotiate and enter into a service contract with Spectrum for voice
service.
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City Council Agenda Form
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Meeting Date: January 9, P
SUBJECT TITLE: Board
_____
resenter, City Manager Neuschafer
7
D'•.rtment: Admin.
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Attachment: X Yes No
Description: Advisory Board Applications
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Public Hearing.• Date:
.... , , ... ,.. ._. ....
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PURPOSE;
The following Boards currently have vacancies on them with various expiration dates.
Please see the following attached list of Board appointments for your consideration.
BOARD OFADJUSTMEIVT
4DVISORY INCUMBENT APPLICATIONS APPOINTED
'BOARD RECEIVED
BOARD OF Open 6/30/20 n/a
ADJUSTMENT Open 6/30/20
(In -Town Open 6/30/20
Member)
No applications have been received.
CE I IE TER Y AD VIS OR Y B OA
ADVISORY INCUMBENT APPLICATIONS APPOINTED
'BOARD RECEIVED
CEMETERY Open 6/30/18 n/a
ADVISORY Open 6/30/19
BOARD Open 6/30/20
No applications have been received.
`ADVISORY
BOARD
RECREATION
ADVISORY
BOARD
RECREATIONADVIS'ORYBOARD ,
INCUMBENT APPLICATIONS APPOINTED
RECEIVED
Eddy Langston
DeWayne Holmes
Open
Open 6/30/19
PaiTish Daughtry (out of City Limits)
Drusilla Campbell _
Mary Eakes (out of City Limits)
Eddy Langston and DeWayne Holmes have both expressed an
interest in serving another term.
Applications have been received from Parrish Daughtry, Drusilla
Campbell and Mary Eakes and are included for your review.
Jennifer Fortin
From:
Brian Mcneill
Sent:
Friday, July 07, 2017 10:29 AM
To:
Jennifer Fortin
Subject:
Fwd: Recreation board
Confirmation from Dwayne Holmes
Sent from my iPhone
Begin forwarded message:
From: Dewayne Holmes <dewayne e,wholmeselectrie,com>
Date: July 7, 2017 at 10:13:16 AM EDT
To: Brian Mcneill <BMcneill@dunn-nc.org>
Subject: Recreation board
Brian
I would like to reapply to the City of Dunn parks and recreation board.
Regards,
Dewayne Holmes
Jennifer Fortin
=rom:
Brian Mcneill
Sent:
Thursday, July 06, 2017 5:49 PM
To:
Jennifer Fortin
Subject:
FW: Recreation Advisory Board
Attachments:
i magel.PN G
Below you will see the forwarded email from Eddy Langston and attached is the text from Rodney Warren. Still waiting
on Dwayne Holmes I was trying to send them all at once, but as soon as he reply I will send that right away
-----Original Message -----
From: Eddy Langston [mailto:eddylangston@nc.rr.com]
Sent: Thursday, June 29, 2017 1:47 PM
To: Brian Mcneill
Subject: Recreation Advisory Board
Brian
I would like to be reappointed to the Dunn Recreation Advisory Board?
Thank you,
Eddy Langston
Sent from my iPhone
th
City Council Agenda .�;
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Meeting
,5:.. 1.�
Date: January /�`
13
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SUBJECT TITLE: Financial Report
Presenter: Finance Director Mark Ste
Department: Finance
Attachment: X Yes No
PURPOSE:
Description: Financial Update
Attached please find the Financial Update as of November 30, 2017 for your review
BACKGROUND:
BUDGETIMPACT:
RECOMMENDATIONIACTION REQUESTED:
north caroling
IN
city of dunn
FINANCE DEPARTMENT
POST OFFICE BOX 1065 - DUNN, NORTH CAROLINA 28335
(910) 230-3500 ° FAX (910) 230-3590
wwwAunn-ne.mg
MEMORANDUM
To: Honorable Mayor, City Council Members
From: Mark Stephens, Finance Director
Subject: Financial Report
Date: January 9, 2018
Mayor
Oscar N. Harris
Mayor Pro Tem
Billy Barfield
Council Members
Buddy Maness
Dr. Gwen McNeill
Prank McLean
Billy Tart
Chuck Tumage
City Manager
Steven Neuscbafer
• The City as of November 30, 2017 had $1,938,571 in cash in the General Fund and
$2,758,239 in the Water -Sewer Fund. In November of 2016 the City had $1,526,094 in the
General Fund and $2,416,790 in the Water and Sewer Fund.
® Property tax collections through November were $1,372,315 or 35.75% of budget. Last year property
tax collections through November were $1,242,288 or 33.61% of budget.
• Sales Tax Revenue is $715,289 or 37.16% of budget. Benchmark for this month is 33.33% of budget.
• Utilities Sales Taxis $368,347 or 49.56% of budget. Benchmark for this month is 50.00% of budget.
• Building Permit Fees were $40,289 or 61.98% of budget. Benchmark for this month is
41.67% of budget.
• Water and Sewer Revenues were $1,909,564 or 40.20% of budget. Benchmark for this month is
41.67% of budget.
• Expenditures were 38.08% of budget in the general fund and 34.78% of budget in the water
and sewer fund. The benchmark for this period is 41.67% of budget.
DUNN
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[ 1 City Council Agenda Form 1 ►
1989*2013 Meeting Date: January , 201 1989*2013
SUBJECT TITLE: Tax Report, Planning & Inspections Report, Public Works Report, Recreation Report,
Library Report & Police Report
Presenter: City Manager Steven Neuschafer
Department:
Attachment: X Yes No
Description: Monthly Reports
Public Hearing Advertisement Date: N/A
PURPOSE:
Attached please find the following Monthly Reports for your review:
A. Tax Report
B. Planning & Inspections Report
C. Public Works
D. Recreation Report
E. Library Report
F. Police Report
BACKGROUND:
BUDGET IMPACT:
RECOMMENDATIONIACTION REQUESTED:
November, 2017
December, 2017
November, 2017
December, 2017
December, 2017
December, 2017
north caroling Mayor
Oscar N. Harris
Mayor Pro Tem
1--Wd&b�'DUNN Billy Barfield
Council Members
city of Cl Lr ri ll Buddy Maness
Dr. Gwen McNeill
FINANCE DEPARTMENT Frank McLean
POST OFFICE BOX 1065 ^ DUNN, NORTH CAROLINA 28335 Billy Tart
Chuck Turnage
(910) 230-3500 ^ FAX (910) 230-3590
City Manager
www.dunn-ne.org Steven Neuschafer
Current Year Tax Collection through November 30, 2017
2017 TAXES
Downtown
City
Taxes
Total
Ad Valorem Levy
$ 3,878,579
$ 35,668 $
3,914,247
Collections thru November 2017
1,372,315
11,006
1,383,321
Taxes Receivable November 2017
2,506,264
24,662
2,530,926
Percentage Collected
35.38%
30.86%
35.34%
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December 2017 1 Monthly Development Report
Planning & Inspections Department 1 102 N. Powell Ave., Dunn, NC 28334 1 phone 910-230-3503 1 fax
910-230-9005 1 www.dunn-nc.ora
*All numbers.arefrom December 1-22, 2017 due to the holidays*
Permit Fees Collected $4,381.20
M
Certificate of Occupancy's 28
Issued
Grant Information:
• Continued working on the FY17-20 EPA Brownfields Grant.
• Closed out the FY14-17 EPA Brownfields Grant.
• Planning a bicycle rodeo with the police department at the local elementary school to deliver
the grant awarded bicycle helmets.
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• Held a ribbon cutting for thee I ectric vehicle charging station downtown.
Code Enforcement Map December 1-22 2017
"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."
DONN
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Public Works Department I November 2017 I Monthly Report
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 (may not include all work performed)
Leak Repair 13
Lift Station/Air Relief Valve 32
Maintenance
Inflow/Infiltration 1
Sewer Stoppage 19
Tap 1
Water Meter 1
ent
Other —Sewer 4
*Data from Mobile311 work order system (may not include all work performed)
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Public Works Department I November 2017 1 Monthly Report
101 E. Cleveland St., Dunn, NC 28334 ( phone 910-892-2948 1 fax 910-892-8871 1 www.dunn-nc.orP
*Data from A.B. Uzzle Water Treatment Plant records and Finance Department billing.
1
Total Million Gallons Treated 45.969
Rainfall in Inches 3.2
*Data from NC DEQ DMR documents, Black River Wastewater Treatment Plant records, and Mobile311
STAFF UPDATE
T.J. Stone, Lift Station Mechanic/Back up Operations Specialist at the Black River WWTP, recently
received his Grade 1 Collections Operator Certification from the NC Water Pollution Control System
Operators Certification Commission.
Dunn Parks & Recreation Department Monthly Review 12017
Dunn Parks & Recreation 1205 Jackson Road, Dunn, NC 28334 1 (910) 892-2976 Phone
(910) 892-7001 Fax (w .dunn-nc.ere
December 2017
Dunn Parks &Recreation Facility Rentals, Programs & Etc.
Numbers
Rentals Facility
Dunn Comiunity Building
4
Clarence Lee Tart Memorial Park
Nathan Harris Athletic Complex @ Tyler
Park
_ _
Baseball & Softball Field Rentals
P K V as Center
New Memberships
5
Renewed Memberships
28
Guest Membershi s
6
Adult Basketball
11
— _ _ Batting Cage Rentals
0
Monthly Recreation Report 2017
Dunn Parks & Recreation December Monthly Narrative Report
Sports Programs:
10U & 13U Boys & Girls Leagues began practices on December 18tn. Their games will begin in January.
Our Instructional Basketball Leagues will begin practices on January 6tn. Their games will start on
January 27tn. Winter pictures are scheduled for February 3rd
Spring Registrations:
Indoor Soccer registration will start on January 2"d. We have also added an 8U Coed League for ages 7-8.
Registration will end on February 8tn. The draft date has been set for February 171n
December 2017 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
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December 2017 1 Monthly Development Report
Dunn Police Department 1 401 East Broad St., Dunn, NC 28334 1 phone 910-230-3530
fax 910-230-3592 1 www.dunn-nc.ora
CID Narrative:
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Narcotics Narrative:
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Speeding (Infraction)
39
Seat Belt
1
Passenger Seat Belt Juvenile
0
No Operators License
7
Driving while License Revoked
10
Failure to Stop (Stop Sigh)
0
Running Red Light
0
Failure to reduce speed
0
Misdemeanor Arrests
56
Felony Arrests
8
Firearms Seized
0
Marijuana Seized
0
Cocaine Seized
0
Heroin Seized
0
Other Drugs Seized
4.5 gm
U.S. Currency Seized
0
Patrol Narrative:
1. On December 07, 2017 Officer responded to 506 Erwin Rd. in reference to obtaining property by
false pretense. Officer spoke with subject on scene advised unknown w/f stole his wife's
identification and used it to pawn her wedding ring. The wedding ring and identification were
stolen out of their vehicle in another jurisdiction. Investigator Tyndall responded to the scene and
took over the investigation.
2. On December 22, 2017 officer responded to 409 S. Washington Ave. reference to shots being fired
into an occupied dwelling. Officers were advised that no one had been struck. Officers observed the
exterior of the residence and noticed the window was broken. The two window panes had distinct
bullet holes through them and the meatal frame had a dent.
3. On December 24, 2017 officer responded to 307 E. Cole St. reference to a Breaking and Entering.
Officer spoke with reporting party. The reporting party advised they heard loud banging coming
from across the street. They went outside on the porch and realized it was coming from a metal
barn across the street. Upon officers observation of the barn door a foot print was located. Officers
were advised by reporting party that items were missing from the barn.
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December 1, 2017
ANIMAL CONTROL ACTIVITIES
#CALLS LOGGED:
(complaints: 66 Citizen assist: 37)
#DOGS PICKED UP:
#DOGS LEFT IN POUND: October
#DOGS RETURNED:
#DOGS ADOPTED:
November 2017
103
74
16
07
29 (28 by rescue)
#DOGS ESCAPED:
0
#DOGS PUT TO SLEEP:
43
#DOGS IN POUND:
11
#DOG BITES REPORTED:
0
#DOGS QUARANTINED:
0
#CAT BITES:
0
#CATS QUARANTINED:
0
#CATS PICKED UP:
08
#CATS PUT TO SLEEP:
05
#CATS ADOPTED:
02
#CATS ESCAPED:
0
#CATS RETURNED:
0
#OTHER ANIMAL CALLS:
possum 1
#WARNINGS ISSUED:
WRITTEN: 21
VERBAL: 24
MILEAGE:
End of Month: 111325
Beginning of Month: 110539
Truck 455 786
Respectfully Submitted,
Patti Lane Collins, Animal Control Officer
CIVIL CITATIONS: 10
End of Month: 160922
Beginning of Month 160220
Truck #56 702
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City Council Agenda i
Meeting
6 Date-,
. . January
J ~ �' n-
y.
SUBJECT TITLE: City Manager's Report
Presenter: City Manager Neuschafer
Department: Administration
Attachment: Yes X No ( Description: City Update
Public Hearing Advertisement Date:
TOPIC:
The City Manager will have an update on current City projects and issues.
Police Chief Chuck West will be giving a brief update from the Police Department.
Page I 1
Announcements
January 9, 2018
City Council Meeting
City of Dunn offices will be
closed Monday, January 15' for
Martin Luther King, Jr. Day
Annual Martin Luther Kin4, Jr.
January 15th at
Downtown Dunn
11:00 am -
Mid -Carolina Council of
Governments Annual .Dinner
Meeting will be held on Thursday,
January 25th @ 6:30 pm at the
Holiday Inn — I95, 1944 Cedar
Creek Load (Exit 9), Fayetteville
Page 12
Announcements
January 9, 2018
City Council Meeting
ACC Annual Banquet will be
held at the Dunn Shrine Center on
Tuesday, January 30, 2018 at 6 e 00
m.
The next regular City Council
Meeting is scheduled for Tuesday,
February 20, 2018 g 7:00 pm
CLOSED SESSION CRITERIA
(Specify one or more of the following permitted reasons for closed sessions)
Move that we go into closed session in accordance with:
[N.C.G.S. 143-318.11(a)(1)]
Prevent the disclosure of privileged information
Under the North Carolina General Statutes or regulations.
Under the regulations or laws of the United States.
[N.C.G.S. 143-318.11(a)(2)]
Prevent the premature disclosure of an honorary award or scholarship
[N.C.G.S. 143-318.11(a)(3)]
Consult with the Attorney
To protect the attorney -client privilege.
i To consider and give instructions concerning a potential or actual claim,
administrative procedure, or judicial action.
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).