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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 1 All -America Gily city of duan city h I Agenda 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 a north mrolinu UNN opt, - of d...' City Council Agenda Form1 1 a 19897}2013 - eeti t ® , 2018 — 1989 *2013 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: �'16)T,,l,l 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. w-3 D uno � NN 1 1 its Council Agenda Foi 1 nuary a» a ® MeetingJa 1989 * 2013 1989 * 2013 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 _ DQNN City Council Agenda Form ® Meetingate:January 1989 * 2013 198!11 SUBJECT TITLE: Budget Am ment #8 Presenter: Mark Stephens r9 Department: Finance Attachment: x Yes No Budget Amendment #8 LLLM 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. z o_ w F- W � W Z m m ID Z Z K W Z 0 M � N } 0 W J O a N U K u. I W 0 O U W m 0 z LL ur 0 0 r ui ai m m O O a c m a E ® north l�i nT1� UN Vcity nr ® 1989>¢2013 MeetingDate. — , 7989*2013 SUBJECT TITLE: Budget An^dment #9 Presenter: Mark Stephens MS Department: Finance Attachment: XYes No 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. i a m m u c E E a c N E Q w of a m z O K F W U 7 m x O w w W d N 0 M Uf N !0 N c o � — m c C� � N o a U � U o L w � o m 0 o o a O m c a 3 N U U tL w � c E a U LL H W w E N w rn a a d N m N N U U Z Z � O O ~ O to U U O Z W Z LL 0 1 ` A1 # fl P1 '*its DUNNAll-America Mill dt, .( d�n� All -America City s � z e Agenda 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 AOC 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 Page I AOC INITIALS Revised 08/2017 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," Page 2 AOC INITIALS Revised 08/2017 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. Page 3 AOC INITIALS Revised 08/2017 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 Page 4 AOC INITIALS Revised 08/2017 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. Page 5 AOC INITIALS Revised 08/2017 (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. Page 6 AOC INITIALS Revised 08/2017 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. Page 7 AOC INITIALS Revised 08/2017 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. N 61) N C1 O R 0 O F- ® norh curotinu LW -DU tNN City Council Agenda Form s I" Meeting Date: January 9, P SUBJECT TITLE: Board _____ resenter, City Manager Neuschafer 7 D'•.rtment: Admin. O Attachment: X Yes No Description: Advisory Board Applications TT V� Public Hearing.• Date: .... , , ... ,.. ._. .... rHr ... _. ._ _ J 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 .�; h � 1 Meeting ,5:.. 1.� Date: January /�` 13 rm 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 '. AlbAmaricaCity isn9*za1e ®D DUNN LNN &il•AmerleaCAy *- 11.110:11114 dRIMM [ 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% F';- r DL1NN N/f22 IDIIfP4[RLfV ]RQfEC/J 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. DUNN it, uI du — >sl+ere romm�enrly mai(e's • 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 city of dune >.r�ierz rmrznv�nily mailers 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) IL . lino ILUU UNN Illy of dun zr%rz �ommunrly molten 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 NN DU icy .1du V16M fO!/[➢Y[R n1AfRllC)S 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: 'N�rcoi�csfi}�.o��.. ��. �r� �%� '� Wry � �����✓i-=���1 Us Currency Property Value arch Narcotics Narrative: DLINN x�%ierz rommun" maltery a 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. U W r) C 0 T C T f0 ri. L (n O T aL E L w O R LL N 0 3 ° CD 'x y L fC 00 d c O E N ` c ° O4- m LU U >, .c s O C Z O a - a W. o, LU U, J O', a c a w C i O N m a- 4) � O N O N E a E E .. C N E �E N Z N N N � ° a a v o 0 o m o ry' Ti N 12 N N N ff2 _aWaaa,- m K p D' o omm O O W N O� tip m Y 3 S o a m W F U (J m 0 O ci a E � Z � O � � N N N c � 0 a` in o M 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 1UNN D >�*fs�sc UNN 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).