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Agenda 04-12-2022Call to Order — Mayor William P. Elmore, Jr. Invocation — Rev. Floyd Ray, Mt. Zion Missionary Baptist Church Pledge of Allegiance 1) Adjustment and Approval of the April 12, 2022 meeting agenda PRESENTATIONS 2) Update on Harnett Training School LLC 3) Employee Recognitions — Police Dept PUBLIC COMMENT PERIOD 4) Each Speaker should limit comments to 3 minutes and must sign up on sheet available on the podium within the Council Chambers prior to the start of the meeting. Total comment period limited to 30 minutes. CONSENT ITEMS 5) Minutes — March 8, 2022 6) Minutes — March 14, 2022 Special 7) Destruction of Municipal Records — Planning & Inspections 8) Landscape Maintenance Contract Extension 9) Basketball Court Updates RFP 10) Special Event — Temporary Closing of Streets — Dunn Shrine Car Show 11) Special Event — Temporary Closing of Streets — "I Thought Turkeys Could Fly" 5k 12) National Library Week Proclamation 13) Proposed Summer Hours 14) Resolution Accepting the American Rescue Plan Act (ARPA) Funding Offer for Wastewater Improvement Projects ITEMS FOR DISCUSSION AND/OR DECISION 15) Special Use Permit (SUP-01-22) Entertainment Venue a) Public Hearing b) Decision 16) Stormwater Fee Information and Discussion 17) Stormwater Mapping Engineering Firm Selection 18) Consideration of Wayfinding Design Contract 19) Approval of Public Services Complex Architectural and Engineering Contract 20) Community Appearance Committee Review 21) PARTF Grant Application 22) Request for Proposals for Copiers 23) Loan — E Bay and S Elm Waterline Project 24) Council Goals/Reports 25) Administrative Reports a) City Manager's Report b) Financial Report/Assessment Update c) Department Reports Communications/Public Information Public Works/Public Utilities Parks & Recreation/Library Planning & Inspections/Police 26) Announcements 27) Information 28) Closed Session to instruct staff concerning the negotiation of price and terms concerning the acquisition of real property in accordance with [N.C.G.S. 143-318.11(a)(5)]. ADJOURNMENT "This institution is an equal opportunity provider and employer" Recommendation: Motion to adopt the April 12, 2022 meeting agenda as presented Or Motion to adopt the April 12, 2022 meeting agenda as presented with the following changes: Additions: (Assign Number on the Agenda such as 14a) Removal of the following item(s): Move Item of Business from one section to another section (such as moving Item fi^om Consent Items to Items for Discussion and/or Decision) CI_Lif LPL DUNN NORTH CAROLHIA Meeting Date: April 12, 2022 I SUBJECT TITLE I Update on Harnett Training School, LLC. Dunn Community Development Corporation for the Harnett Training School, LLC. Invitation PURPOSE: Members of the Dunn Community Development Corporation will present an update on the Harnett Training School, LLC operations. BACKGROUND: • dz • FOR A PLAQUE DEDICATION CEREMONY TO RECOGNIZE THE HARD WORK AND THE VISION OF THESE INDIVIDUALS: JIM BENNET DONNIE OLD Wednesday, April 20,2022 at 1:00 PM Harnett Training School at the Senior Center 630 E. Johnson Street, Dunn, NC d i i Y OF DUNN t':C.)RTH i AROLINA Meeting Date: April 12, 2022 SUBJECT TITLE Employee Recognition — Police Department PRESENTER/DEPARTMENT Chief White ATTACHMENT(S) PUBLIC HEARING PUBLISH DATES' PURPOSE: Acknowledgement of the hard work and dedication put forth by Lieutenant Jonathan Butler for being awarded his leadership certificate from the North Carolina Justice Academy, and Officer Ethan Core for being awarded the Intermediate Law Enforcement Certificate from the North Carolina Criminal Justice Training & Standards Division. BACKGROUND: Lt. Butler has served with the City of Dunn Police Department since February 1, 2013. Lieutenant Butler has served in several roles in the agency from Patrol Officer, Investigator, and Sergeant to his current role as a Patrol Lieutenant. He was required to complete in excess of 400 hours of leadership training for this award. Officer Core has served on the Patrol Division since August 3, 2020 and currently serves on A Squad under the supervision of Lieutenant Butler. He was required to serve as a sworn officer four years and has completed 74 college credit hours and 228 hours of law enforcement training for this award. 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 Cleric 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 fi-ont of the room and begin their remarks by stating their name and address. 5. Individuals who sign up but can not speak because of time constraints, will be carried to the next regular meeting of the City Council and placed first on the Public Comment Period. 6. During the Public Comment Period, a citizen, in lieu of or in addition to speaking may pass out written literature to the City Council, City Staff and audience. 7. Groups supporting or opposing the same position shall designate a spokesperson to address the City Council in order to avoid redundancy. 8. After the citizen has made his or her remarks, he or she will be seated with no further debate, dialogue or comment. 9. The Public Comment Period is not intended to require the City Council to answer any impromptu questions. Speakers will address all comments to the City Council as a whole and not one individual Council member. Discussions between speakers and members of the audience will not be allowed. The City Council will not take action, or respond to questions about, issues raised during the Public Comment Period at the same meeting. 10. Speakers shall refrain from discussing any of the following: matters which concern the candidacy of any person seeking public office, including the candidacy of the person addressing the City Council; matters which involve pending litigation; matters which have been or will be the subject of a public hearing; and matters involving specific personnel issues related to disciplinary matters. If the speaker wishes to address specific personnel issues related to disciplinary matters, he or she should take their comments to the City Manager, who shall share the comments with the City Council. 11. Speakers shall be courteous in their language and presentation. 12. The Mayor and City Manager shall determine, on a month to month basis, where the Public Comment Period will appear on the monthly agenda when developing the agenda, prior to its publication. 13. The Public Comment Period shall only be held during the regularly scheduled monthly meeting of the City Council. There shall not be a Public Comment Period at any other meetings of the City Council, unless specifically approved by the City Council. Recommendation: Motion to approve all Consent Items as presented. C: I F Y OF DUNN NOP H =a:A ROLINA City Council Agenda Item Meeting Date: April 12, 2022 SUBJECT TITLE Minutes— March 8, 2022 PRESENTERIDEPARTMENT City Clerk Williams ATTACHMENT(5) Draft Minutes PUBLIC HEARING PUBLISH DATES' Dunn City Council Regular Meeting Tuesday, March 8, 2022 7:00 p.m., Dunn Municipal Building Minutes PRESENT: Mayor William P. Elmore Jr., Mayor Pro Tem Dr. David L. Bradham, Council Members J. Wesley Sills, April Gaulden, Frank McLean, Billy N. Tart, and Chuck Turnage. Also present; City Manager Steven Neuschafer, Assistant City Manager Mathew Public Utilities Director Heather Adams, Chief of Police Clark White, Police M George Adler, Parks and Recreation Director Brian McNeill, Human Resource: Mike Williams, Public Works Director Vincent Washington, Administrative Supp Attorney Tilghman Pope, and City Clerk Tammy Williams. CALL TO ORDER AND INVOCATION Mayor Elmore opened the meeting at 7:00 p.m. and Rev. Roy Tern Bradham led in the Pledge of Allegiance. AGENDA ADJUSTMENT AND APPROVAL Motion by Council Member Sills and second by Council presented. Motion unanimously approved. PRESENTATIONS Harnett County Director of Economic Dei Mr. Lockamy introduced himself as the new cc Director Jim Roberts, kson, Planning Director mie Jernigan, Librarian 11 Debra Creighton, City March 8, 2022 Director fcn , HAfnett County. Update from the 195/I40 Crossroads of America Alliance Reld'.WdhamS; Director Mr. Williams gave a quick update q yft Alliance activities, .F Mayor Pro agenda as Employee Recognitions, .' Chief White recognized.Offtcers" Trae Gonzales and Zachary Jacobs on being awarded the North Carolina Criminal Justice Education and Traimngs. Standards Commission Intermediate Law Enforcement Certification. Officer Gonzales was also recognized forks efforts and awards received in organizing the department's participation in the Special Olympics Law Enforcement Torch"'kim with.tl eir organization being the top new agency for this year. The Police D,epai Lment"ra sed„$11,OOb Inskead ofthe goafof $7,000. Sheriff W4yne Coats Presentation Sherriff Coats;presented Certificates,of Appreciation to the Police Department and City of Dunn for their assistance with the countywide Kentucky Area ReliefAfffort and Support in January for tornado victims organized by the Sheriffs Department. Introduction of New Employees ' Public Works Director `zWashirigton recognized Angela Siekkinen, Administrative Support Specialist I and Equipment Mechanic NiaJS' `Herring. Public Utilities Director Adams recognized Nathan Rawls, Plant Maintenance/Relief Operation Specialist for the Water Plant. PUBLIC COMMENT PERIOD The Public Comment Period was opened by Mayor Elmore at 7:21 p.m. Having no comments, the Public Comment period was closed. CONSENTITEMS • Minutes of the January 11, 2022 City Council Meeting. • Minutes of the January 18, 2022 City Council Special Meeting. • Minutes of the January 28, 2022 City Council Meeting - Budget Planning Retreat. • Minutes of the February 8, 2022 City Council Meeting. • Minutes of the February 18, 2022 City Council Special Meeting. • Budget Amendment - Three Bridge Road. A copy of BudgetAmendment (BA2022-25) is incorporated into these minutes asAttachment #1. • Mural Grant Recommendations by Community Appearance Committee • Special Event - Temporary Closing of Alley - Stewart Theater • Special Event - Temporary Closing of Street - First Presbyterian Church • Resolution to Convey Personal Property to Dunn PAL, A copy of the Resolution (R2022-05) is incorporated into these minutes asAttachment #2. • Resolution Authorizing Disposition of Personal Property. A copy of the Resolution (R2022-06) is incorporated into these minutes as Attachment #3. • Resolution adopting the General Records and Program Records Retention and Disposition Schedule. A copy of the Resolution (R2022-07) is incorporated into these minutes asAttachment #4.:' • NC DOT Mowing Agreement • Approval of Mutual Aid Agreement with Harnett County for Fire Preventimi4ode Enforcement Motion by Council Member Sills and second by Council Member Gaul den to approve all consent items. Motion unanimously approved. ITEMS FOR DISCUSSION AND/OR DECISION Ordinance Amendment OA-02-22, Section 18-2 Mayor Elmore opened the Public Hearing at 7:23 p.m, Assistant Gjty Manager; Boone presented request to amend Ordinance, Sec. 18-2., Uncontrolled growth, accumulation —Prohibited subsection (a) and (b). A -'request to change the wording by replacing rubbish with solid waste. The proposed,amendment has been reviewed by the City Attorney, Tilghman Pope. With no additional comments, the Public Hearruggwas closed. Motion by Council Member Gaulden and second by Council Member Sills to approve Ordinance Amendment OA- 02-22 to change the wording by replacing rubbish. with solid;waste in the `otdri ance, Sec. 18-2., Uncontrolled growth, accumulation —Prohibited, as presented ;Motion unariimously approved. A copy of the Ordinance (02022-03) is incorporated into these minutes osAttachment #5 CZ-01-22: Conditional Rezoning from._RA-40 to RM CZD -11142 NC65E Mayor Elmore opened the Public Hearingat 7:25 p.m. Planning Director Adler presented a request to rezone a parcel of land, PIN #1526 33,-0531000':"address 11142 NC 55 East in Dunn's ETJ, from RA, Single -Family Residential and Agricultural District to RJR, Multifamily Conditional District with the sole use being to allow the development of a transitional housing dormttory On October 26, 2021, City Council adopted the ordinance amendment OA 10 21 adding the use of "tra iMfional, h using dormitory" to the City's Zoning Ordinance and assigned the RNf dish ict as the sole district in which this use will be permitted. On February 22, 2022, Hope Center Ministries puesented case'''CZ 0,1,-22 to the Dunn Planning Board, which unanimously recommended adoption of this rezoning. Comments in favor of the request Were given by Travis Byrd, Regional Director for the Hope Center Ministries Several members of he audien5-9- stood to show their support of the rezoning request. With no additional comments. the Public Hearme was closed. Motion by Mayor Frajem Bradhani and second by Council Member Turnage to approve CZ-01-22 to rezone 11142 NC 55 East, PIN #1526-33 0531000, from RA-40, Single-family and agricultural district to RM, Multifamily Conditional district to 211dw the development of a transitional housing dormitory as the sole permitted use of the site as presented Motion- unanimously approved. CZ-02-22: Conditional Rezoning from R-7, Single Family to R-7, Single Family Conditional Zoning District/Planned Unit Development - Susan Tart Property Mayor Elmore opened the Public Hearing at 7:34 p.m. Planning Director Adler presented a request to rezone five parcels of land, PINS being 1506-78-8506.000; 1506-77-7440.000; 1506-88-1668; 1506-88-2105; and 1506-78- 5911.000 from R-7, single-family dwelling district to R-7 Single-family dwelling Conditional District/Planned Unit Development to permit the construction of up to 103 single-family detached residential units, with open space, shade street trees at an average of one per unit, and to include several conditions agreed to by the developer. On March 9, 2021 and December 14, 2021, City Council approved rezoning these five parcels (four in March, one in December) to R-7, Single-family dwelling district. At the Planning Board meeting on November 30, 2021, Susan Tart Properties requested Conditional Rezoning/Planned Unit Development for a proposed subdivision with 111 single-family homes with reduced setbacks and lot dimensions. The Planning Board unanimously recommended to deny the request and on December 14, 2021, City Council agreed and denied that request. Susan Tart Properties submitted a revised version of the subdivision of up to 103 single-family detached residential units, with open space and shade street trees at an average of one per unit to the Planning Board February 22, 2022. R-7 lot width and setbacks will be followed; however, total square footage of the lots will be less than the 7,000 square foot minimum required in R-7. The Planning Board unanimously recommended approval of the proposed CZD / PUD with conditions that the developer agreed to abide by. Concerns were expressed by Council Members on the traffic impact and traffic safety. The size of the street was also concerning to many Council members with the developer proposing 21 feet of pavement and using the curved curb as an extension. Council Member Tart added with people parking on a street that small is concerning for emergency services. Adler added that the streets within the subdivision are being treated as minor streets and he reviewed the ordinances related to minor and subdivision streets. Adler added,that he did send the plans to the ddtt Emergency Services and their biggest concern was not having an aiorial exit. Adler then reviewed the conditions established by the Planning Board and agreed upon by .the developer:. Andrew Petty of Curry Engineering spoke for the rezoning and answered questions concerning the property on,behalf of the property owner, Zach Angle. Much discussion followed on the width of r6 as, parkmg, buffering for the homes and safety barrier for the playground. City Attorney Pope reviewed the conditions as estafiltstied by the Planning Board, revised by Council and the developer agreed to each .evised and added condi,ith;,no additional comments, the Public Hearing was closed. Motion by Council Member Turnage and second by Council Member, y den to approve the CZ-02-22 Conditional Zoning Request as presented, with the following conditions as recited and agreed upon by the developer during the Public Hearing: 1. Add an all evergreen landscape buffering of at least three spettCS.along Susan Tart Road to screen houses from traffic and protect open space areas 2. Add landscaping around storm water containment areas., 3. Obtain and follow all NCDOT requirements to include the fallowing: a) If NCDOT requlres,.a : traffic Impact analyses based ou tie proposed number of units to be developed and if so to .comply with all requirements recommended by the traffic impact analysis. b) Request approval from;.NCDOT for a Second entrance for the internal street and meet all requirenaents.of NCDOfto obtain approval.?;,, c) Obtaii all IVCDOT driveway and access permits; 4. Widen the internal street widtlito:,2S, feet of pavement plus 21h feet of curb on either side per City of S. witli'Sefhack issues per'Dunn City Code. 7 j, Submit Home OvVo 8 _;:;Install traffic barr located within the rightof way but co 9. Granta,"uthority to satisfied Aove. as Motion approved of stoxmdrainage system proposed and erosion control plan. lssociation':(HOA) deeds and covenants and maintenance agreement. at sharp curb on Susan Tart Rd adjacent to the proposed open space to be T.,right ofway if approved by NCDOT and if not to be located outside the DOT rutted to NCDOT standards. inn Planning Board Chair to sign the Preliminary Plat once all conditions are kas items in Dunn City Code Section 20-42. - Preliminary Plat. o Tom Bradham opposed. Black River Wastewater Treatment Plant Effluent Conveyance System Grant Project Ordinance Finance Director Roberts'°presented proposed Grant Ordinance authorizing all appropriations necessary for the completion of the Black River Wastewater Treatment Plant Effluent Conveyance System with funding coming from the State of North Carolina and the American Rescue Plan Funds -Earmark Project Number: SRP-W-ARP-0033 and administrated by the NCDEQ Division of Water Infrastructure. Motion by Council Member McLean and second by Council Member Sills to approve the Grant Project Ordinance as presented. Motion unanimously approved. A copy of the Ordinance (02022-04) is incorporated into these minutes as Attach men t #6. Eastside Pump Station, Forcemain and Outfall Line Improvements Grant Project Ordinance Finance Director Roberts presented proposed Grant Ordinance authorizing all appropriations necessary for the completion of the Eastside Pump Station, Forcemain and Outfall Line Improvements project with funding coming from the State of North Carolina and the American Rescue Plan Funds -Earmark Project Number: SRP-W-ARP-0033 Motion by Council Member Sills and second by Council Member Gaulden to approve the Grant Project Ordinance as presented. Motion unanimously approved. A copy of the Ordinance (02022-05) is incorporated into these minutes as Attachment #7. Consider Awarding Engineering Services Agreement for the American Rescue Plan Wastewater Projects Public Utilities Director Adams presented engineer agreements for consideration for or the design, surveying, easement acquisition assistance, permitting, construction admin, and construction.;observation services for the American Rescue Plan Earmarked funded sewer projects. Requests for Qualifications were duly advertised in The Daily Record on 1-28?2,2 and was also listed on the NC Interactive Purchasing System Website. Two Letters of Interest were received ab of those received, City staff reviewed and scored each using the same criteria for comparison. Davis Zylartin POwell.(I)MP) received the highest collective score and therefore is recommendation by staff for both projects. Engmeorjng.fees are reimbursable through the grant and are within the budget submitted to NCDEQ.' The"engineering fees'associated with the two projects are as follows: • WWTP Effluent Conveyance Engineering Fees $1,637,500 • Eastside Lift Station and Outfall Engineering Fees $1,788 500' Motion by Council Member Sills and second by Mayor Pro Tom Bra'dhamfo award engineering service agreements to Davis Martin Powell for engineering services, related to both sewer projects which will be funded with State Appropriated American Rescue Plan funds. Motion unanimously appl•oyed. A copy of the contracts are incorporated into these minutes as Attachment #8 Resolution Adopting Updated Compliance Plans for the NC SmallCities CDBG-I Program Public Utilities Director Adams presented resolution'adoptmg the ,updated, compliance plans and policies for the Section 3 Action Plan and the Crtrzop.,P.articipation Plan ";Tpese plans are required by the Community Development Block Grant -Infrastructure (CDBG I); Program. Adams read the Memorandum summarizing the updates to the Compliance Plan. t Motion by Council Member Tart;.and second by Council Member Turnage to approve the Resolution adopting the updated Section 3 and Citizen Participatmn compliance plans for the City of Dunn during the implementation of the North Carolina Small Cities Coi jmunity' D"e'velopment'Block Grant for the Infrastructure (CDBG-I) Program. Motion unanimouslyapproved. A'co"py of the Memorandum and Resolution (R2022-08) are incorporated into these minutes as Attachment#9;A copy aft9 &;Plan is on file with the City Clerk. Resolution Adopting AssessmenE;of Fair Housing for the NC Small Cities CDBG-I Program Public Utthhes;;Drector Adams pre3ented resolution adopting the Analysis of Impediments or Assessment of Fair Housing in the'<Cify, of Dunn for the Community Development Block Grant -Infrastructure (CDBG-I) Program. The City of Dunn is participating in a CDBG-I program for the replacement of sewer mains that are located in low to moderate income residential areas within the City and a requirement of the program is for the City to develop an Analysis of Impediments`,' to continue fair housing efforts. Adams read the Memorandum summarizing the Assessment of Fair Hous na'416bort. Motion by Council Member Turnage and second by Council Member McLean to approve the resolution adopting the Fair Housing Assessment and certifying to the NC Department of Environmental Quality that the City will continue to affirmatively further fair housing as required by the Community Development Block Grant Infrastructure Program. Motion unanimously approved. A copy of the Memorandum and Resolution (R2022-09) are incorporated into these minutes as Attachment #10. A copy of the Assessment is on file with the City Clerk. Public Services Complex Architect Selection Assistant City Manager Boone presented staffs recommendation to enter into contractual negotiations with IBI Group, an architectural firm to design the City of Dunn's new Public Services Complex. Staff issued an RFQ for design services pertaining to the cities new Public Services Complex and received sixteen responses from architectural firms from all over the state. Five firms were chosen for interviews that were conducted based on RFQ scores and of those five, two were shortlisted and staff visited some of their similar projects in the area. After reviewing the credentials, completed projects and other criteria, the review team feels that IBI Group out of Raleigh will be the best fit. The next step will be to negotiate a contract. The estimated timeframe to design and construct the building is two years. Motion by Mayor Pro Tern Bradham and second by Council Member Gaulden to allow the City Manager to negotiate terms with the chosen firm to research and design the City's Public Services Complex. Motion unanimously approved. Addressing Alley Network Planning Director Adler presented report showing systematic approach to begin the process of addressing the issues with the Dunn's alley network including estimated costs. The central commercial area in Dunn and its immediate surrounding blocks have a network of north/south alleys that complement our street grid system. However, some alleys have been closed without recording the new propertysuveys showing that the alleys are closed. In other cases, homeowners have used the alley adjacent to their'propert�,:as if it were their own. This practice has been facilitated by the limited attention the City has spent on maintaining the alley system. The result is that some alleys are in excellent condition, some function but need repair, and some, don't function at all. This creates a problem for public safety personnel when they aren't, sure —Where the right of,way ends. In December 2019, City Staff presented to Council a research document titled "The City of Dunn Alley Conditions Report". Each alley was color coded to indicate condition: Green indicated open and in;good repair; Yellow indicated open but repairs needed; and Red indicated that the alley appeared `to either already be closed or should beclosed. Phase I - Closing Unused Alleys is estimated at $60,000 and if the Closures are ;not completed by Ine 30, 2022, the remaining balance will be carried over to FY2022-2023. Motion by Council Member Turnage and second"by Council Member McLean to authorize a Budget Amendment for the City to begin the Alley Closure Process in three phases:, 1) For closing the red highlighted prioritized list of alleys :and use the funds foi``land surveys, recording fees, notification signs, mailings to adjacent alley property owners adyertisementiand additional requirements. 2) That the process, procedures and cost factors b6lCppturerl for.usetf there' are additional alley closures of the yellow or green highlighted alleys in the Alley Study .. 3) That the City begin an assessment and scheduled maintenance and sustainment plan of the yellow and green alleys and present at the May Coaucffineeting. Motioitunanimously approved. A copy of Staff Recommendations and Budget Amendme4<:(BA2022-26) are incorporated into these minutes as Attachment #11. Set Special Meetings.. City Manager )Ol risehafer:rquested'consideration to'sef a Special Called Meeting on Monday, March 14, 2022 at 6:00 p.m. in Council Chambers for the purpose of Storm Water Fee Study, Pay Classification Study, Police Compensation Plan, Consideratimi to Purchase Real Property and a Closed Session. He further re nested a Special Called Joint Meeting of the City Council and Planning Board be set on Thursday, April 21, 2022from 7:00 p in. until y 00 p.m. at the Dunn Community Center for the purpose to receive an update and instruction on 1r1e;Draft Unified; Development Ordinance and to review and comment on Draft Future Land Use Map. Motion by Council Mena beP Gulden and second by Council Member McLean to approve the Special Meetings on March 14, 2022 and April 212022 as presented. Motion unanimously approved. Budget Retreat Summary and Updated Goals City Manager Neuschafer presented the Retreat Summary provided by the Facilitator Chad Sary and the 12-24 Month Goals and Priorities as agreed upon and established at the Budget Planning Retreat. The agreed upon Goals and Priorities will continue to be reported each month at the Council Meeting. These reports will replace the current Goals and Objectives Reports beginning at the April Council meeting. Goals not completed and still valid have been incorporated into this updated list. Motion by Council Member Gaulden and second by Council Member Turnage to approve the Goals and Priorities as presented. Motion unanimously approved. Council Goals/Reports City Manager Neuschafer added that the current reports are available for review. Administrative Reports Finance Director Roberts provided the following financial report for the period ending February 28, 2022: • The City has $10,852,148 cash on hand compared to $9,200,912 last year. • Water and Sewer Revenues for the month of February were $497,435, with total collected to -date of $4,171,145 or 68.27% of budget compared to $3,922,065 in 2021. • City has received $3,779,484 in Property Taxes through January compared to $3,669,894 last year. • Sales Taxes receipts in December were $249,883, $32,600 more than last year. • Utilities Sales Taxes are reported quarterly with this year's second quarter receipts at $185,238 with total of $329,607 compared to $337,720 for this same time period lastyear. • Building Permit Fees collected to -date total $103,065 or 66.49% of budget compared to $101,029 for the same time last year. • General Fund expenditures for February were $1,122,498 with total expensed to -date of $8,175,720 or 65.13% of Budget compared to $6,798,227. Revenue to -date is $8 990746. • The Water and Sewer fund expenditures for February were,:,$542022 with total expensed to -date of $4,420,108 or 56.02% of budget compared to $3,837,223 lastyear:' Water and Sew.ei',cgvenues to -date are $4,902,285. • The benchmark for this period is 67% of budget He also updated on Debt Service payments and liens and assessments. Reports were also received as follows: Communications/Public Inforxriation, Planning and Inspections Report, ort Public Works Report, Public Utilities Report, Parks.and Recreation RepLibrary Report and Police Report. Announcements/Information Mayor Elmore announced upcoming events and activities Council Member Sills congratulated Police Department and encouraged residents to pray for the people of Ukraine. Motion by Mayor Pro Tern Bradhamland;second by Councii'Member Gayl'den to enter Closed Session in accordance with [N.C.G.S. 143-318.11(a,)(S)] to establish or instruct the.staff concerning the negotiation of the price and terms of a contract concerningthe acquisition of real property. Motion unanimously approved. The meeting was recessed at 9 17 p:m Mayor Elmore:r&conveneij the meeting and with no further business, a motion was made by Council Member Sills and a second by Mayor 'o Tein.Bradhd x to,.adjourn the meeting at 9:38 p.m. Motion unanimously approved. William P. Elmore Jr. Mayor Attest: Tammy Williams, CMC, NCCMC City Cleric CITY OF NN N O I .I. ri C A R O I f N A City Council Agenda Item Meeting Date: April 12, 2022 SUBJECT TITLE s Minutes— March 14, 2022 Special PRESENTERIDEPARTMENT : City Clerk Williams ATTACHMENT(S) Draft Minutes PUBLIC HEARING PUBLISH DATES' Dunn City Council Special Meeting Tuesday, March 14, 2022 6:00 p.m., Dunn Municipal Building Minutes PRESENT: Mayor William P. Elmore Jr., Mayor Pro Tem Dr. David L. Bradham, Council Members J. Wesley Sills, April Gaulden, Frank McLean, Billy N. Tart, and Chuck Turnage. Also present: City Manager Steven Neuschafer, Assistant City Manager Mathew Boone;'Tinc Chief of Police Clark White, Police Major Cary Jackson, Human Resources Director ConaieJ Coordinator Kaitlin Adkins, City Attorney Tilghman Pope, and City Clerk Tammy Williams. ' CALL TO ORDER AND INVOCATION Mayor Elmore opened the meeting at 6:00 p.m. and Finance Director Ro',lierts ga-V he Major Jackson led in the Pledge of Allegiance. AGENDA ADJUSTMENT AND APPROVAL ' Motion by Mayor Pro Tem Bradham and second by Council M2]nber Gaulden to adopt the agenda as presented. Motion unanimously approved. ITEMS FOR DISCUSSION AND/OR DECISION Storm Water Fee Study City Manager Neuschafer reviewed the stormwate Residential Unit (ERU) calculation to make mote'' Commercial, and Industrial fees. They looked at aJl rooftops, driveways, decks, etc. Estimated average at unit and multiplier. Currently a large business pays i year. Future revenues will depend op;the cap. If cap bring in $399,686; $35 $4 incorporated on the tax bll'.and can does not include an in4Qs1e for mo5 done but financing it has always ] statutorily. Next step would be stake,': Council need's`to decide' agreed there needs to be our businesses., and this inft Neuschafer tooigg back the best way to move forward h billing. for residential ial units. 1 Director Jim Roberts, Ian, Communications invocation. Afterwards, meeting study results given, by Willdan using the Equivalent le cost comparisoi s,for Residential, Multi -Family, pervious surface areas - areas that create runoff - e city I$,i!3 257 sf, which will be used as the equivalent n l residents pays $3.50 and fees bring in $240,000 a total revenue would be $348,027; 28.75 cap would It can go out monthly on the water bill or can be water bills and commercial on tax bill. The proposal ',chafer added there is a lot of stormwater work to be rto.r fees have to be used for stormwater projects rin the fee and the process. Il inove forward and what the cap will be. After much discussion, council itable.w. ay of sharing the cost. Mayor Pro Tem Bradham added that there ommtuAU6s relative to Dunn's size so we can know that we are being fair to should>'be helpful with the stakeholders meeting. Mayor Elmore asked information to the next meeting so that council can make a decision on the looking at cap/phased approach, what the cap will be and the method of Pay Classification Study Human Resources Director Jernigan presented proposal for a pay study that will review the city's salary structure and present plan to support recruitment and retention of employees more effectively. It is recommended to have a study every five years. The last study completed was in 1998 but was not implemented. The last one implemented was in 1993. This was set as a top priority during the FY 2022-2023 Budget Retreat in an effort to recruit and retain staff. The cost to conduct the study will be $20,600 with an additional estimated $800 for expenses such as mileage, meals, lodging, printing and supplies, and travel time with the total cost of the complete study at $21,400. The study will take 2 Yz to 3 months and The MAPS Group should be able to begin after July 1. Implementation time depends on the cost of the findings, which can be spread over a 2-3 year process. Motion by Mayor Pro Tem Bradham and second by Council Member Gaulden to approve and authorize the City to enter into a contract with the MAPS Group for the purpose of conducting a Pay Classification Study as presented. Motion unanimously approved. Police Compensation Plan City Manager Neuschafer presented the Police Compensation Plan proposed for implementation in the fourth quarter of this fiscal year. He told Council that this is an immediate need due to the hardships of recruiting and retaining officers and due to competition with other agencies close by that are paying more than the City of Dunn. He reviewed the proposal for hiring with BLET with a proposed starting salary of $41,021.22. He also reviewed the annual proposed pay increases for Bonuses associated with Bi-Lingual - $500; Associates degree - $1,000; Bachelor's degree - $1,500; and Masters - $2000. He showed the comparison of what the city is currently paying to other agencies. These funds will come from the General Fund and will be an increase of $50,357 for the fourth quarter with the yearly increase of $201,427 including all benefits. The current starting salary is $37,717. After discussion, motion by Council Member Sills and second by Council with funding coming from the General Fund as presented. Motion unani Motion by Council Member Turnage and second by Council Member Mcl with [N.C.G.S. 143-318.11(a) (5)], to establish or instruct the staff concert of a contract concerning the acquisition of real property. Motion unanir; Mayor Elmore recessed the meeting. The meeting was reconvened at 8:45 p.m Consideration of Purchase of Real Property Motion by Council Member Turnage and second by Mayor Pro enter into a contract for the purchase of real �P;} crty at two Company for $150,000 and 106 S Washington,from Stephan approved. With no further business to discuss, motion by adjourn the meeting at 8:47 p.m,,,;;Moton unanir Tammy Williams, City Clerk to approve the Proposal to enter, Closed Session in accordance the negotiation of the price and terms to authorize the City Manager to W Harnett St from General Utility w. $25,000. Motion unanimously by Council Member Tart to William P. Elmore Jr. Mayor CI'F`E OF DUNN Nt:IPTl; CAROLINA City Council Agenda item Meeting Date: April 12, 2022 SUBJECT TITLE Destruction of Municipal Records PRESENTERIDEPARTMENT ; City Clerk ATTACHMENT(S) Request from Planning & Inspections PUBLIC HEARING PUBLISH DATES'- Destruction of Records- Planning & Inspections Department Submitted for the April 12, 2022 City Council Meeting RE'QUEST FOR DISPOSAL OF RECORDS Dosci�i `lion of -Record -," .Ro 6M!oin.Niiod - Tnclus"ive bafes : Agenda Packets (copies) 3 Years 2011-2012 Code Enforcement Files (MH, WL, JV, J/D) 6 years 2005-2006, 2011-2015 Trade Permits -Completed 6 years 2000-2015 Deposit Sheets (copies) 3 years 2000-2015 Payroll Sheets (copies) 3 years 2011-2015 Admin files (copies of safety meeting, billing copies, and demos) 6 years 2010-2015 Privilege License 3 years 2009-2015 Demo/MH (copies) 6 years 2005-2015 Fire Inspection payments, other AR (copies) 3 years 2011-2015 Submitted BY: ^ �f Printed Name/Signature L3 �j�Zp ZZ Planning & Inspections Department CITY OF DUNN NORTH CAROLINA Meeting Date: April 12, 2022 SUBJECT TITLE Landscape Maintenance Contract Extension PRESENTERIDEPARTMENT " Mathew Boone, Assistant City Manager ATTACHMENT(S) Contract PUBLIC HEARING PUBLISH DATES' PURPOSE: To approve the extension of the current landscape agreement with Old Mill Stream. J343:(e] te111�A ti Old Mill Stream currently handles all of the cities contract -based landscaping needs including all cemetery grounds maintenance. The current contract allows for a one (1) year extension of last year's contract amount. BUDGETIMPACT: $182,000 to be in 2022/2023 proposed budget Motion to approve the extension of the Old Mill Stream contract for fiscal year 2022/2023. 2021 Lawn Maintenance Agreement between The City of Dunn and Old.M1115treatn, flit Old Mill Streamis prgposing the following changes, inaccordapce wf[h the RFP Issued.by The City of Dunn, on April 21, 2020; is fically, with reference to page 2 of the same RFe, The City of Aunn specyfrq!!y reserves the rrotit to refett any and aft propospls and ro i cyot/ate.tIYe terms of the tontraat if Itls deemed to be In fha uestJnterest o/the City :'the Cdty rese�yes the right tu,udJust Jhssppe or frequency of the work to allow the contract to fafl.ivithln the budget of the,Crty, pr jutvn ma/ntemmlce." Old Mill Stream" a11010, fe to,rovide3ndstapo M@lntenanea sarvitesfortiie.ctty of Dttup, Under wing Provisions provisions and revisions to the SFP dated A(21%20 ht i(eu _four submitted hIJ 1. Site A: Exit 72, Spring Stanch Pope Road Is removed From fhe spodfltaflons.:. The.CIRy may regU@@t tboniltly mowing, one time aod.material basis. 2, $ 1te C: Exit 75, Joneshoro Rd is removed from the spedfications, The Clty Ipay request monthly mowing,.an a time and. Material basis. 3. Multit df ell saes ii removed from the specifications, the City may request mulch Installation,' on a time and met erlal,basis, A, hem IIG, Site r: Comer of Johnson st / Carolina Or is removed _from the specftications, 5 IteMH,10, Site J; Planning and Inspections Is te'tnoyed from the spatiflcatipns 6, Ile mtill, Site Kisrevisedtoincludeonly the center meJlandndwelcomesignarea,lid:mairRA Ined under specifications dated February 17, 2017, The shoulders, tree hlmmurg end _itches are excluded.. 7.Itam1 i4,Site,N,isrevisedtobelltrthedtotheveteransmemotiaiand:splashpad@teas,asrriwibi'o*under specifications dated rehruary.17, 2017, 8, bein,17, Site Q: Byron St Water7ank Site, is removed front; tile. st2gclfta.Gnngy . . . 9, Spraying on.an annual oasis, for.flre.ants end seieetweed control atGreanwood, Reslhaven, Memorial, Veterans, Splash Pad and CO Hall will be included. Old Mill Stream, Inc agrees to abide by all otherterms of the RFP, Including maintaining required insurance and licenses, The City of Dunn agroes to paymelit for services, es revised above, for on annual fee of $182,000.60, to. b'e WDICed In 12 equal payments of $15,166,67. Dueto the Instabihty.of.COVID•19, and unknownfuture econgmle reperc issi ins, Old MITI Stream is willing to, offer these services, at 0114 rate, fora term of not less than 12 end up to 36 months. Invoicing will begin July 1, 2020, and will continue thru the and of)unP, Mi. Upon written notice from the City of Dunn, old Mill Stream wlliconflnoe this service thru June 2023, City of Dunn Printed Name TitleU 1 - Title Date: J Za Rt{ Old Mill Streat , Inc P.s iM Printed Name Two Date; I$ 20 2021ta,Wn Mal6tbtlaneeAgreement between Th.eCity of Punn and CIIII.MillStretma, Inc Old Mill Stream Is prop. Dunn, on April 21, 242C '7he (Ity of Darin speculi contract #it is deemed to frequency of the work to i Old MITI Stream Is a provhsinins. and i4vil L Site Ai Exit 724 Sr, mowing, on a time 2. Site C: Exit 74, Jo time and material 1: 3, Mulch of 411 sites material. basis, 4, item fRi, Site F: C S. Itendflo, Site J: P 6JIqM'&'SIteKh 7. fla.m#14,$lteR fh6*RFP Issued UyThe City of gO of the some RFp. od oil proposals and 10 avgotlwre the terms 01 the ON reserves the r1aht to adjust tWsc4pe or JVFP dated 412.1/20, hi lieu of our submitted bid, i1Pope Road Is removed from it basis, Is removed I . from the sped . flea . tions. The City May request rnoritfjly a I from die specifications, the City may request mulch installation,'n a time and st/ em as maintained under re e444; areas, as molntalaed Under specifications dated February.17, 2017. 8. Itemil17l Site Q Byron $t WaitprTank Site, Is removed from the gpeciflcalflpqs;- 9. Spraying on anannual basis, forfire ants and selectweed control atGreairwood, Resthaven, Memorial, Veterans, SnInsb Pad and City Hail Will be included. Old Mill Stream, Inc agrees to abide by all otherterms oftho RFP, including maintaining required insurance and licenses. The City of DiUm agrees to paymentfoir services, as revised above, for an annual fee of $182,0W,60, to.tf,e Invoiced In 12 equal paymeAts of $15,166,67, Due.to the instability , of WAD-19, and unknown fiupre.ecojiorrifc Old Mill Siream Is willing to offer these services, at this rate, fora term of not less than I 1 an up 3, Months, 11 1 1 . Invoicing will begin July 1, 2020, and will cant . Inue thr" the end 6 1 p tf . A u . ne months. 2 1 021. Upon written notice from the City of Dunn, Old Mill Stream wfl:conflnUe this se . rvict, Ahru June 2023, 23, A City x0f Bunn Old ml -46MIR, Printed Name Title Date Name Mitt ipeam�r Tlue Date; CITY OF DUNN NORTH CA POLI A City Council Agenda Item Meeting Date: April 12, 2022 Basketball Court RFP Advertisement Parks and Recreation Director McNeill No PURPOSE: To proceed with publicly advertising request for proposals (RFP) for basketball court updates BACKGROUND: In February 2022, the City was awarded funds through the State Capital Infrastructure Fund (SCIF). $150,000 of those funds have been deemed to be used for basketball court updates and volleyball court updates within the City of Dunn parks system. BUDGETIMPACT: $150,000 total grant funding for basketball court and volleyball court updates. Basketball court updates is estimated to take up around 80% of those funds. Estimated timeline completion 9/30/2023 Motion to proceed with advertising request for proposal (RFP) for basketball courts improvements. cITY 0f DUNN NORTH CARc LIMA City Council Agenda Item Meeting Date: April 12, 2022 SUBJECT TITLE Special Event Permit - Temporary Blocking of Street — Dunn Shrine Car Show Clerk :ial Event Permit Application PURPOSE: The Dunn Shrine Club is requesting the streets of E Edgerton and E Harnett be closed on Saturday, April 30, 2022 from 6:00 a.m. to 5:00 p.m. for the Dunn Shrine Club Car Show. After staff review, Chief White recommends that only E Harnett be closed and not to close E Edgerton as requested due to the impact on parking and to businesses. He has already spoken to the Shrine Club representatives. BACKGROUND: BUDGET IMPACT: Motion to approve the Temporary Blocking of E Edgerton St only as recommended by Chief White and requested by the Dunn Shrine Club for the Car Show on April 30, 2022. v ,I PO'Speclai�Permit Application, Page 3 Event Information Type of Event: Festival DConcert aRun/Wall( aParade ,Other —Type fit' P /�.�'1�JVN Name of Event and Sponsoring Organization: IM A&W cSl1(�' Al? ni (APIS C142 S&4J.�0'540'lwoo' �G rXZA0 10�1 H,6& S dr-.DGwtD S1Afef r. C.(AJo Point of Contact for this Event: Name�tgNF 'Dt&(Q E 7 TelephoneG(q 'Z 1 • -7/6,9 C.. -:1 �/lY `� ( -1 - U 10 1 G Purpose of Event Location: AA—OA) An.J t_l-ntO Event Dates) Setup Actual Event Hours �'i', D L7 PMg_ cS; cri) Celt Setup/Assembly w .r 41n11rc VAfi Yl� 'i �1 ^- c>; r'S� rnn.. 1�F/)%il c31)kL " Dismantle Date and Projected Attendance WIII there be the use of fireworks at this event? aYes -ZNo WIII alcohol be served or sold? E,Yes VNo If yes, please provide required documentation. WIII Tent(s) be installed? ayes 5 No If yes, Size Number of Tents If, applicable, please attach Tents/Temporary Membranes Permit Application. WIII Inflatables be used? E Yes JR1No If yes, please attach Tents/Temporary Membranes Permit. Will this event require signs/banners? ayes 1Na If yes, please attach Temporary sign Permit Application. Do you need access to city electrical outlets? .ayes &No Do you need access to water for your event? aYes �No Additional Fees may apply for water and electricity, you will be contacted to discuss, Special Event Permit Application, Page 4 Applicant should include a detailed Traffic and Parking Plan. Will your event require the closing of any City streets or parking lots? 21yes ,0No If yes, the application must be received 60 days in advance of the event. Request to close any state -maintained roads must be handled through the NC Department of Transportation List any street(s) and parking lots to be closed. Include street name with date and time to be closed and reopened. Also Include a detailed Map showing streets to be closed. Please attach map/drawing accurately depicting proposed locations, activities, and traffic flow, with proposed parking plan. As a condition to the issuance of a temporary Special Event Permit, the permittee shall Indemnify and hold the City harmless from claims, demand or cause of action which may arise from activities associated with the special event, By signing this permit, I acknowledge that I have read completely including all necessary ordinances and answered all questions truthfully and understand that the event should NOT be promoted until a Special Event Permit has been Issued. Submittal of an application does NOT guarantee approval and the $25 Fee Is Non -Refundable. Violations could result In forfeiting the right to apply for future Special Events for a minimum of two (2) years. /-� I 2'Z- Please Returni Completed Applichilon with Fees to: City of Dunn Planning Department 102 N Powell Ave PO Box 1065 Dunn NC 28335 Telephone (910) 230-3505 Special Event PermltApplloodon, Page 5 Checklist for Attachments please make sure all required permits and Information with necessary permit payments are Included. Check or mark n/a DABC Permit (if alcohol is to be served or sold) ,Tents/Temporary Membranes Permit Application ,.Noise Permit ETemporary Sign Permit Ilproof of insurance or Signed Waiver Please be sure to Include Map(s) or Drawing(s) showing location of event, activities, requested street closures, parking and traffic patterns, FOR OFFICE USE: Planning Department: Nr a cMMA1^1 Inspections Department: Police Department: City Manager, if required: Date Received; Date Approved/Denied: Date of Notification to Applicant: Staff Name Staff Signature UDUNN CITY OF NOt,;T'-1 CAROt_It'IA Meeting Date: April 12, 2022 Special Event Permit - Temporary Blocking of Street — "I thoujzh Turkevs could fly" 5k Clerk :ial Event Permit Application PURPOSE: The Harnett Area Running Club is requesting N General Lee Avenue between W Harnett St and W Edgerton St be closed on Saturday, November 12, 2022 from 7:00 a.m. to 11:00 p.m. for the 5k. BACKGROUND: BUDGET IMPACT: Motion to approve the Temporary Blocking of N General Lee Avenue as requested. Event Information Type of Event: 00ther—Type Special Event Permit Application, Page 3 festival concert ✓a Run/Walk Parade Name of Event and Sponsoring Organization: "I Thought Turkeys Could Fly" 5k Harnett Area Running Club Point of contact for this Event: ,,,.,Christopher Brown Telephone910-890-9302 Emall cabrown74@gmail.com Purpose of Event To promote Interest in walking and running as well as a fundraiser for the Harnett Area Running Club and Toys for Tots. Event Location: The 5k will begin and end on General Lee Between Edgerton & Harnett Event Dates) 11/12/2022 Setup Date(s) 11/12/2022 Actual Event Hours 9:00 -11:00 am Setup/Assembly 7:00 - 9:00 am Dismantle Date and Time 11/12/2022 immediately after completion of 5k Projected Attendance 75-100 WIII there be the use of fireworks at this event? Oyes ✓Z No WIII alcohol be served or sold? ,ayes allo If yes, please provide required documentation. WIII Tent(s) be installed?,ayes ❑✓ No If yes, Size Number of Tents If, applicable, please attach Tents/Temporary Membranes Permit Application. WIII Inflatables be used? ayes a✓ ,No If yes, please attach Tents/Temporary Membranes Permit. WIII this event require signs/banners? ayes FV No if yes, please attach Temporary Sign Permit Application. Do you need access to city electrical outlets? ayes -ZNo Do you need access to water for your event? o, Yes ✓a No Additional Fees may apply for water and electricity. You will be contacted to discuss. Special Event Permit Application, Page 4 Applicant should Include a detailed Traffic and Parking Plan. WIII your event require the closing of any City streets or parking lots? .oyes _DNo If yes, the application must be received 60 days In advance of the event. Request to close any state-malntalned roads must be handled through the NC Department of Transportation List any street(s) and parking lots to be closed. Include street name with date and time to be closed and reopened, Also Include a detailed Map showing streets to be closed. North General Lee Ave, between W. Harnett St. & W. Edgerton St. We asked that we be allowed to block off the road from 7:00 am until 11:00 am Please attach map/drawing accurately depicting proposed locations, activities, and traffic flow, with proposed parking plan. As a condition to the Issuance of a temporary Special Event Permit, the permittee shall Indemnify and hold the City harmless from claims, demand or cause of action which may arise from activities associated with the special event. By signing this permit, I acknowledge that I have read completely Including all necessary ordinances and answered all questions truthfully and understand that the event should NOT be promoted until a Special Event Permit has been Issued. Submittal of an application does NOT guarantee approval and the $25 Fee Is Non -Refundable. Violations could result in forfeiting the right to apply for future Special Events for a minimum of two (2) years. t. Please Re6 n Completed Application with Fees to: City of Dunn Planning Department 102 N Powell Ave PO Box 1065 Dunn NC 28335 Telephone (910) 230-3505 7-2- Special Event PermltAppllcadon, Page 5 Checklist for Attachments Please make sure all required permits and Information with necessary permit payments are Included. Check or mark n/a ABC Permit (If alcohol Is to be served or sold) OTents/Temporary Membranes Permit Application ONolse Permit .Temporary Sign Permit F1Proof of Insurance or Signed Waiver Elplease be sure to Include Map(s) or Drawing(s) showing location of event, activities, requested street closures, parking and traffic patterns, Planning Department:159F' �t 0' b bi b+S(nUc�C �' (�Uto ANdt VA on h1R R ans A4,, 16-46 l A4601 Inspections Department: lac? U�"D'"qQ-il O l�laef Police Department: City Clerk, if required: City Manager, If required: Date Received: Date Approved/Denied: Date of Notification to Applicant: Staff Name Staff Signature cn CD 3sn '1 DYI 110d ION Mr. Stevan Neuschafer Dunn City Manager Post Office Box 1065 Dunn, NC 28335 February 14, 2022 Re: Fundraising 5K Dear Mr. Neuschafer, Tire Harnett Area Running Club respectfully requests permission to hold a ftundralshng Slc in Dunta on Saturday November 12, 2022. The purpose of this event will be to raise money for both the Harnett Area Running Club and our local chapter or Toys for Tots. We also hope to bring some new people into the downtown area in hopes that they will have an opportunity to experience what Historic Downtown Duna has to offer. We plan to start and finish the race on North General Lee Avenue between West Harnett Street and West Edgerton Street. We again request your permission to and help with closing North General Lee between West Harnett and West Edgerton. We would ask that It be closed from 7:00 a.m. until 11:00 a.m. on Saturday November 12, 2022. We also feel that we may need some police officers to help with traffic control on a few of the busier Intersections that out, runners will be crossing, The three intersections we feel that we will need assistance with are the intersections of Byrd Drive and Friendly Road, Wellons Avenue and Friendly Road and North Orange Avenue and West Harnett Street, I have attached the Special Event Permit Application its well as a copy of Ilia proposed route for your review. Please feel free to call me at 910-890-9302 should you have any questions or concerns. Sincerely, hrlstopher Brown Harnett Area Running Club www.}rarnettarearunI club usmapolnetel"Com - Print routs littps://us.inapoinetej,.con)/priiit/roiite fi'icipOmeLer HARC Sk - I thought Turkeys could sweetFrog Walgreens ;r� 0 00 i� NOR b-I .1900 01111 ICSTHAVEN ifs C11,010a Slow Wnd Firs( Pf'esbytel'IAVI. Chin Ch VIII)II MIC10b 421 'Lj 03; 901 HILSS11,185 Bookstore, Leaflet IOStadia Maps, 0 OpenMapTifesO Openftea[Map contributors 0.61111 Ind L61111 2ml 2.51111 31111 Distance ascent 3.11 mi 56 ft descent 56 ft loft 2/12/2022,11:40 AM CITY O DUNN Meeting Date: April 12, 2022 1 c • ' 1F .' SUBJECT TITLE National Library Week —April 3-9, 2022 PRESENTER/DEPARTMENT City Clerk ATTACHMENT(S) Proclamation PURPOSE: To recognize for the record the Proclamation by Mayor Elmore proclaiming National Library Week, April 3-9, 2022 in the City of Dunn. BACKGROUND: BUDGET IMPACT: CITY OF DUNN NORTI-I CAROLINA vrocramation Xationa(Library Week—Aprif3-9, 2022 WHEREAS, today's libraries are not just about books but what they do for people; and WHEREAS, libraries have long served as trusted and treasured institutions, where people of all backgrounds can be together and connect through transformative services, programs and expertise; and WHEREAS, libraries, librarians, library workers and supporters across America are celebrating National Library Week the week of April 3-9, 2022; and WHEREAS, this year's theme, "Connect with your Library," promotes the idea that libraries are places to get connected to technology by using broadband, computers, and other resources. Libraries also offer opportunities to connect with media, programs, ideas, and classes —in addition to books. Most importantly libraries connect communities to each other. This year's theme is an explicit call to action —an invitation for communities to join, visit, or advocate for their local libraries; and WHEREAS, the City of Dunn wishes to express our sincere appreciation to the Dunn Public Library staff and volunteers and recognize the significant role that the library plays in the lives of our residents. NOW, THEREFORE BE IT RESOLVED that I, Mayor William P. Elmore Jr., on behalf of the City Council and our residents proclaim National Library Week, April 3-9, 2022, in the City of Dunn and encourage all residents to visit, explore what's new, and connect to your Public Library. ftocCaimed this the 1st day ofApriC 2022, City Cleric ,e�� CITY pF ;'GORPp9q V ®'. SEAL V&re C0YY1mani� 69insf CITY OF DUNN NORTH CAROLINA City Council Agenda Item Meeting Date: April 12, 2022 Summer Hours ger Neuschafer PURPOSE: These operating hours are being referred to as proposed summer hours since they coincide closely with Daylight Savings Time. To allow adequate time to notify our citizens, the City Council is being asked to adopt operating hours of 7:30 a.m. to 4:00 p.m. beginning May 1st and ending September 30th. BACKGROUND, These hours have worked well during the past eighteen (18) years and are well liked by city staff. BUDGETIMPACT: Motion to adopt proposed summer hours of 7:30 a.m. to 4:00 p,m., beginning May 1, 2022 and ending September 30, 2022. CITY OF DUNN N O R f H s A VZ O LM A City Council Agenda Item Meeting Date: April 12, 2022 Resolution Accepting the American Rescue Plan Act (ARPA) Funding Offer for Wastewater Improvement Projects Heather Adams, Public Utilities Director Offer and Acceptance Resolution PURPOSE: To adopt a resolution accepting the $30,450,000 grant offer from the Division of Water Infrastructure for the Eastside Pump Station Improvements, Machine and Welding Outfall and the Black River WWTP Effluent Conveyance System. BACKGROUND: The 2021 American Rescue Plan provided funds through the State Fiscal Recovery Fund that the NC General Assembly allocated as 100% grants. The City of Dunn was a recipient of $30,450,000 in appropriated funds to be used for Drinking Water and/or Wastewater Infrastructure Projects. City Council obligated funding for the two projects at the March 8, 2022 Council meeting. Project #1- Install a parallel effluent force main from the Black River WWTP to the Cape Fear River (approximately 3 Miles) and effluent pump station improvements to increase pumping capacity and to eliminate the sanitary sewer overflows on the Black River Outfall Line. Project #1 is estimated at $16,100,000. Project #2- Construct a new outfall line from Machine & Welding to the WWTP, upgrade Eastside Pump Station, reroute the Eastside Force main to the new outfall line, and eliminate the Machine & Welding Pump Station. These improvements would increase the pumping capacity at Eastside Pump Station and will take flow off the Juniper Creek Outfall, thus eliminating overflows at Eastside Pump Station and the Black River Outfall line. Project #2 is estimated at $15,850,000. BUDGET IMPACT: $30,450,000 is 100% grant with no City match. The City will be reimbursed as eligible expenses are submitted to the NC Division of Water Infrastructure. To fund the remaining balance, the City could use their local recovery funds that were allocated by the Federal Government. Motion to approve the resolution accepting the grant offer from the Division of Water Infrastructure and making the applicable assurances contained therein. ROY COOPER Governor ELIZABETH S. BISER Secretary SHADIESKAF Director Mr. Steven Neuschafer, Manager City of Dunn Post Office Box 1065 Dunn, North Carolina 28335 Dear Mr. Neuschafer: NORTH Quality March 16, 2022 SUBJECT: Offer & Acceptance for ARPA Funding DWI Project No.: SRP-W-ARP-0033 Project: Eastside Pump Station / Force Main South / Machine Welding Outfall & Black River WWTP Effluent -Conveyance System The City of Dunn have been approved for an American Rescue Plan Act (ARPA) funding from the State Fiscal Recovery Fund in the amount of $30,450,000. Projects funded from the State Fiscal Recovery Funds established in S.L. 2021-180 must meet applicable federal law and guidance for the ARPA funds. Accordingly, enclosed are two (2) copies of an offer -and -acceptance document, extending ARPA funding in the amount of $30A50,000. This offer is made by the Division of Water Infrastructure (DWI), subject to the assurances and conditions set forth in the enclosed offer -and -acceptance document. Funds will not be disbursed unless this offer is accepted and returned to DWI. Upon your acceptance, please submit the following items to Pam Whitley with DWI at the following mailing address: 1633 Mail Service Center, Raleigh, North Carolina 27699-1633: 1. A resolution (sample copy attached), adopted by the governing body, accepting the offer, and making the applicable assurances contained therein; 2. One (1) executed, original copy of the offer -and -acceptance document, executed by the Authorized Representative for the Project, along with the signed "Standard Conditions and Assurances" for ARPA projects (please retain the second copy for your files); 3. Federal Identification Number and DUNS # of the Recipient (memo attached); and 4. Sales Tax Certification (copy of form attached). North Carolina Department of Environmental Quality I Division of Water infrastructure 512 N. Salisbury Street 11633 Mail Service Center I Raleigh, North Carolina 27699-1633 �cwoimu / 919.707,9160 Once construction of the subject project has commenced, a signed and dated copy of a Reimbursement Request Form (copy of form attached) must be completed and submitted with all reimbursement requests. You are free to reproduce this form should additional copies be needed. In addition, a memorandum requesting your federal identification number has been included with this offer of funding. You must complete and submit this form no later than the time when you choose to submit your first request for reimbursement. On behalf of the Department of Environmental Quality, I am pleased to extend this offer of ARPA funds, made available by the North Carolina Fiscal Recovery Fund. Should you have any questions concerning this offer of funding, or any of the stipulations outlined in this letter, please contact Mary Hubbard, DWI's Grant Management Unit Supervisor, at 919.707.9162. ti 6vJ Shadi Eskaf, Director Division of Water Infrastructure, NCDEQ Enclosures: Offer -and -Acceptance Document (2 copies) Resolution by Applicant's Governing Body to Accept an Offer of Funding Fed ID/DUNS No. Request Memo Sales -Tax Certification Form Reimbursement Request Form cc: Michael Goliber, P.E., Davis -Martin -Powell & Associates, Consulting Engineer Jennifer House Jackie Moore (w/w) / Teresa Tripp (d/w) Pam Whitley FILE: ARPA Project File (COM —LOX) — North Carolina Department of Environmental Quality I Division of Water Infrastructure _ 512 N. Salisbury Street 11633 Mail Service Center I Raleigh, North Carolina 27699-1633 919.707,9160 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER INFRASTRUCTURE Funding Offer and Acceptance Legal Name and Address of Award Recipient: City of Dunn Post Office Box 1065 Dunn, North Carolina 28335 Funding Program: Project Number: CFDA Number: SRP-W-ARP-0033 Drinking Water ❑ Wastewater ® Additional Amount for Funding Increases Previous Total Total Offered State Revolving Fund (SRF) ❑ State Reserve Loan (SRP) ❑ State Reserve Grant(SRP) ❑ State Grant Appropriation (SAP) ❑ American Rescue Plan Act (ARPA) ® __ $30,450,000 Project Description: Two (2) Wastewater Projects: 1) Eastside Pump Station / Force Main South / Machine Welding Outfall & 2) Black River WWTP Effluent -Conveyance Total Financial Assistance Offer: 30,450,000 Total Project Cost: 31,950,000 Estimated Closing Fee`: $ - 0 - System Forloans Principal Forgiveness: $ - 0 - Interest Rate: 0.0%Per Annum Maximum Loan Term: 0 Years *Estimated closing fee calculation based on grant and/orloan amount(s). Pursuant to North Carolina General Statute 159G: The Applicant is eligible under Federal and State law, The Project is eligible under Federal and State law, and • The Project has been approved by the Department of Environmental Quality as having sufficient priorityto receive financial assistance, The Department of Environmental Quality, acting on behalf of the State of North Carolina, hereby offers the financial assistance described in this document. For The State of North Carolina: Shadi Eskaf, Director, Division of Water Infrastructure North Carolina Department of Environmental Quality &I 3/17/2022 ---------------------------- I ---------------------- -------------------- - SignatureDate On Behalf of: City of Dunn Name of Authorized Representative in Resolution: Mr. Steven Neuschafer Title (Type or Print): Town Manager I, the undersigned, being duly authorized to take such action, as evidenced by the attached CERTIFIED COPY OF AUTHORIZATION BY THE APPLICANT'S GOVERNING BODY, do hereby accept this Financial Award Offer and will comply avith the Assurances and the Standard Conditions. _ ................................. ......... --------- ------- ---.-.,--------------------- ------- Si nature Date STANDARD CONDITIONS 1. Acceptance of this Funding Offer does not exempt the Applicant from complying with requirements stated in the U.S. Treasury's Final Rule for the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) and the SLFRF Compliance and Reporting Guidance not explicitly referred to in this document and any future requirements implemented by the U.S Treasury. 2. Acquisition of Real Property must comply with all applicable provisions of the Uniform Relocation and Real Property Acquisition Policies Act of 1970 (PL 92-646), as amended. The Applicant shall certify that it has or will have a fee simple or such other estate or interest in the site of the project, including necessary easements and rights -of -way, to assure undisturbed use and possession for the purpose of construction and operation for the estimated life of the project using a certification form provided by the Department of Environmental Quality. 3. Specific disadvantaged businesses enterprises (DBEs) MBE/WBE forms and instructions are provided that are to be included in the contract specifications. These forms will assist with documenting positive efforts made by recipients, their consultants, and contractors to utilize DBEs. Such efforts should allow DBEs the maximum feasible opportunity to compete for subagreements and subcontracts to be performed. Documentation of efforts made to utilize DBE firms must be maintained by all recipients, and construction contractors, and made available upon request. 4. Subrecipients shall fully comply with Subpart C of 2 CFR Part 180 entitled, "Responsibilities of Participants Regarding Transactions Doing Business with Other Persons," as implemented and supplemented by 2 CFR Part 1532. Applicant is responsible for ensuring that any lower -tier covered transaction, as described in Subpart B of 2 CFR Part 180, entitled "Covered Transactions," includes a term or condition requiring compliance with Subpart C. Applicant is responsible for further requiring the inclusion of a similar term or condition in any subsequent lower -tier covered transactions. Subrecipients may access suspension and debarment information at: http://www.sam.gov. This system allows subrecipients to perform searches determining whether an entity or individual is excluded from receiving Federal assistance. S. Projects with a total cost of $10,000,000 or more must meet U.S. Treasury requirements for prevailing wage rates, project labor agreements, and related requirements. Applicants can either certify meeting the requirements or provide plans and reports as the SLFRF Compliance and Reporting Guidance specifies. 6. The Uniform Guidance 2 CFR 200.317 through 2 CFR 200.327 gives minimum requirements for procurement, with 2 CFR 200.319(b) addressing engineering services procurement guidelines. ARPA-funded projects must also adhere to North Carolina State law, specifically NC General Statute 143-64.31; Article 3D Procurement of Architectural, Engineering, and Surveying (A/E) Services. NCGS 143-64.32 cannot be used to exempt funding recipients from a qualification -based selection for A/E. The State provides applicable certification forms that must be completed prior to receiving funds for any engineering services covered under this funding offer. 7. Local government units designated as distressed must complete associated requirements of statute §159G-45(b). 8. Funds made available by the ARPA that are not disbursed to the entity accepting the funds in this document by December 31", 2026, will no longer be available for the project. Unused Federal funds will revert from the State of North Carolina to the U.S. Treasury. ASSURANCES 1. The Applicant intends to construct the projector cause it to be constructed to final completion in accordance with the Application approved for financial assistance by the Division of Water Infrastructure. 2. The Applicant is responsible for paying for the costs ineligible for ARPA funding. 3. The construction of the Project, including the letting of contracts in connection therewith, conforms to the applicable requirements of State and local laws and ordinances. 4. The Applicant will provide and maintain adequate engineering supervision and inspection. S. The Applicant agrees to establish and maintain a financial management system that adequately accounts for revenues and expenditures. Adequate accounting and fiscal records will be maintained during the construction of the Project and these records will be retained and made available for a period of at least three (3) years following completion of the Project. 6. All ARPA funds shall be expended solely for carrying out the approved project, and an audit shall be performed in accordance with G.S. 159-34. Partial disbursements on this loan will be made promptly upon request, subject to adequate documentation of incurred eligible costs, and subject to the Applicant's compliance with the Standard Conditions of this Award. The Applicant agrees to make prompt payment to its contractor, and to retain only such amount as allowed by North Carolina General Statute. 7. The Applicant will expend all the requisitioned funds for the purpose of paying the costs of the Project within three (3) banking days following the receipt of the funds from the State. Please note the State is not a party to the construction contract(s) and the Applicant is expected to uphold its contract obligations regarding timely payment. 8. Funds must be fully spent (i.e., fully reimbursed to the Applicant) by December 31, 2026. Acknowledgement of Standard Conditions and Assurances The Applicant hereby gives assurance to the Department of Environmental Quality that the declarations, assurances, representations, and statements made by the Applicant in the Application; and all documents, amendments, and communications filed with the Department of Environmental Quality by the Applicant in support of its request for financial assistance will be fulfilled. ------------------------------------------------------------------- Signature Date Mayor - CITY OF William P. Elmore Jr. _ Mayor Pro Tom Dr. David L. Bradham Council Members " "UNNJ. Wesley Sills '�OR.(�,s CAI'10LIN,'—',. April L. Ga n Frank McLLeaean 401 E Broad St . PO Box 1065 . Dunn, North Carolina 28335 Billy Tart (910) 230-3500 • CityofDunn.org Chuck Turnage City Manager Steven NenSChafar RESOLUTION BY GOVERNING BODY OF APPLICANT WHEREAS, The Federal Clean Water Act Amendments of 1987 and the North Carolina the Water Infrastructure Act of 2005 (NCGS 159G) have authorized the making of loans and grants to aid eligible units of government in financing the cost of construction of wastewater infrastructure, and WHEREAS, The North Carolina Department of Environmental Quality hasoffered an American Rescue Plan Act (ARPA) grant in the amount of $30,450,000 for the construction of the Eastside Pump Station & Force Main South, Machine & Welding Outfall and the Black River WWTP Effluent Conveyance System, hereafter referred to as the "Project"; and WHEREAS, The City of Dunn intends to construct said project in accordance with engineering plans and specifications that have been or will have been approved by the North Carolina Department of Environmental Quality. NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUNN: That the City of Dunn, does hereby accept the American Rescue Plan Act funding in the amount of $30,450,000; and That the City of Dunn does hereby five assurance to the North Carolina Department of Environmental Quality that they will adhere to all applicable items specified in the standard "Conditions" and "Assurances" of the Department's funding offer, awarded in the form of a grant; and That Steven Neuschafer, Dunn City Manager and William P. Elmore Jr., Dunn Mayor, and successors so titled, are hereby authorized and directed to furnish such Information, as the appropriate State agency may request, in connection with such application or the Project; to make the Assurances as contained above; and to execute such other documents as may be required in connection with the application or the Project; and That the City of Dunn has complied substantially or will comply substantially with all Federal, State and local laws, rules, regulations, and ordinances applicable to the Project, and to Federal and State grants and loans pertaining thereto. Adopted this, the 12th day of April 2022, in the City of Dunn, North Carolina. William P. Elmore Jr., Mayor April 12, 2022 (Date) W&r8 COYYJYl9uniI 69inS/ C:' dT Y t"? F DUNN N01`1k"6 f-1 CAR(DLIrJA City Council Agenda Item Meeting Date: April 12, 2022 SUP-01-22: Special Use Permit for an Entertainment Venue Adler, Planning Director / Planning Department Special Use Application, Staff Report with attachments, Public Notice, etc, March 15, March 22, and March 29, 2022 (Please See Recommended Motion Prior to Opening Public Hearing) a) Public Hearing: This is a request to allow an Entertainment Venue as a Special Use of a property zoned C-3, Highway Commercial District. This property is .42 acres +/- located at 511 Spring Branch Road. b) Decision: BACKGROUND: The Planning board met on March 22, 2022 and reviewed the request and asked for comment from the public. The applicant and owner were present and spoke on behalf of the request. One other person from the public spoke in favor of the request. The Staff Report indicated that there was inadequate parking on the site for the desired use. The Planning Board tabled this matter until the April 26, 2022 Planning Board Meeting to give the applicant/owner more time to come up with a solution to the inadequate parking on the site. RECOMMENDATION/ACTION REQUESTED: Staff recommends that the Public Hearing be postponed until May 10^ to give the applicant time to address the issue of inadequate parking on the site for presentation to the Planning Board on April 26th. I-111�Z�3�iI14I�7GL�3� Motion to postpone the Public Hearing and Decision until the May 10, 2022 Regular Council Meeting. 644 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a PUBLIC MEETING will be held by the CITY OF DUNN PLANNING BOARD on March 22, 2022 at 6:30 P.M. and a PUBLIC HEARING for a Special Use Permit will be held by the CITY COUNCIL OF THE CITY OF DUNN on April 12, 2022 at 7:00 P.M. in the COURTROOM of the DUNN MUNICIPAL BUILDING for the purpose of considering the following item: SPECIAL USE APPLICATION SU-01-22 Wendy Kluge (Applicant) Barbara B. Properties/Thurman C. Godwin (Owner) PIN# 1516-72-9015.000 This is a request to allow an Entertainment Venue as a Special Use of a property zoned C-3, Highway Commercial District. This property is .42 acres +/- located at 511 Spring Branch Road. All persons desiring to be heard by the PLANNING BOARD either for or against the proposed item set forth above are requested to be present at the above -mentioned time and place. Copies of proposed items are available for review at the Planning Department during normal business hours Monday through Friday. The CITY COUNCIL will at the PUBLIC HEARING hear under oath all persons in support of such matters or any objections thereto. Persons may appear in person or by agent. It is improper to contact any member of the Board to discuss the case to be heard prior to the decision of the Board. Written comments may be addressed to: PLANNING DEPARTMENT CITY OF DUNN P.O. BOX 1065 DUNN, NC 28335 ADVERTISE: March 15, 2022 March 22, 2022 March 29, 2022 STAFF REPORT To: Planning Board Date: March 22, 2022 Case: SUP-01-22 Prepared By: George Adler, Planning Director GENERAL INFORMATION Applicant: Wendy Kluge 37 Becky Lane Princeton, NC 27569 Property Owner: Barbara B. Properties, LLC Thurman C. Godwin 1104 N. Ellis Avenue Dunn, NC 28334 REQUESTED ACTION: Special Use Permit for an Entertainment Venue. Tax PIN: 1516-72-9015.000 Location: 511 Spring Branch Road Existing Zoninz:C-3, Highway Commercial District Existing Land Use: Commercial Size: 3,290 Sq. Ft. (per Harnett County CIS / Tax Parcel Viewer) Parking Spaces Required: Per Dunn City Code Section 22-346 (a): "1 space per 50 square feet of floor space devoted to public use." Total needed, based on 3,000 square feet = 60 required parking spaces. Parking Provided: Based on Harnett County GIS Viewer aerial, there are 11 striped spaces on this parcel. Surrounding Land Use and Zoning: Direction Zoning Current land use North C-3, Highway Commercial District Convenience store / gas station South C-3, Highway Commercial District Vacant, owned by NCDOT East C-3, Highway Commercial District Vacant West C-3, Highway Commercial District Across Spring Branch Rd: vacant strip mall; dilapidated, vacant motel 1 SUP-01-22 March 22, 2022 Page 2 Applicable Regulations: Dunn City Code Section 22-461 (8) a.: allows `Banquet hall, event venue (i.e. weddings, parties, etc.)" as permitted uses in C-3, Highway Commercial districts as a Special Use SPECIAL INFORMATION Land Use Plan: The City of Dunn Land Use Plan identifies 511 Spring Branch Road as being commercial Public Utilities: Municipal water and sewer service are available to the site. Public Services: The property is located within Dunn city limits. All municipal services are available. Transportation: The property has a driveway on to Spring Branch Road. ANALYSIS (per Dunn City Code Section 22-485) This Request is for a Special Use Permit to allow the use of the property for beach bingo, which is categorized as an "event venue" in the Dunn City Code. The analysis of this request addresses the questions in the Dunn City Zoning Code Section 22-485. Sec. 22-485. (b) Written findings to accompany grant. In granting a conditional use permit, the city council shall make written findings that the specific requirements of articles II, III, IV and VI of this chapter are fulfilled. With due regard to the nature and state of all adjacent structures and uses, the district within which such use is located, and official plans for future development, the city council shall also make written findings that the following provisions are fulfilled: (1) The use requested is listed among the conditional uses in the district for which the application is made. 511 Spring Branch Road is zoned C-3, Highway Commercial. An "event venue" for bingo is listed as a permitted use in C-3 with a Special Use Permit in Dunn City Code Section 22-461 (8) o. (2) The requested use is essential or desirable to the public convenience or welfare. The requested use of an event venue is a desirable use to allow for special events, parties, bingo, etc. SUP-01-22 March 22, 2022 Page 3 (3) The requested use will not impair the integrity or character of the surrounding or adjoining districts, nor be detrimental to the health, morals, or welfare. The surrounding area is in transition due in part to the 1-95 widening project. NCDOT has acquired additional right-of-way impacting properties in the immediate area. A short distance to the south closer to 1-95, was the Brass Lantern restaurant that had been a fixture in Dunn for many years. NC DOT purchased the land and cleared the site for additional right-of-way around 1-95 exit 72. Across Spring Branch is a vacant, single -story office building and behind that is a dilapidated, vacant former hotel that has been in extreme disrepair for years. Adjacent to the north is an active gas station / convenience store. The parcel seeking the Special Use Permit is currently vacant. The use of the site as an event venue in itself would not be detrimental to the area. However, there is very little parking limiting the number of people the venue could accommodate. Parking could pose a problem. (4) The requested use will be in conformity with the land development plan. The Future Land Use Plan, complete in 2005, identifies 511 Spring Branch and the surroundings as commercial. The requested use of an event venue is in conformity with the Future Land Use Plan. (5) Adequate utilities, access roads, drainage, sanitation, and other necessary facilities have been or are being provided. Public utilities are available at the site. Drainage, sanitation, and road access appear adequate. However, the available parking does not meet minimum requirements. Dunn City Code Section 22-346 (a) requires "1 parking space for every 50 square feet of floor space devoted to public use." The size of the building, according to Harnett County's GIS / Tax Parcel Viewer, is 3,296 square feet. Basing the calculation of required parking on a 3,000 square foot building, 3000 / 50 = 60. Sixty parking spaces are required. Based on a site visit and aerial photograph, there appears to be approximately 11 parking spaces on site. 3 a E m i pl a kn L yQi 3 <, m v L p W m M c w x cccc t11 L :Z I u `i 3 y C Q1 � (7 - N Co N tow w to p C N •C.aI 00 O 7 N . m :: 6..,.. N Z ai 0 L a a m L m N N: m x v en E c- o m_3 2 IL co N «y,, ', G v 17U 1Q ,... N '. t' N ;..;;.� Tei IIO ;:.� , ,a° H` CL 40 :1 t LL m euE i 3 A I 9z 9 00 z i ow I 10 1 Hl I 19 p N 0 0 1 CITY OF I DUNN "2!!1 p� PLANNING AND INSPECTIONS 102 N Powell Ave * PQ Box 1065 • Dunn, North Carolina 28335 (910)230-3505 • Cityof'Dunn:org Special Use Application Include the filing fee rezoning petition is $700. Application must be completed in full, if Incomplete will not be processed. Ownership Information: Any PDP's for this application upload or drag files here. I 511S rrgBranchRd.pdf 574,29 KB Applicant Name ( Wendy _._...._ ._ ....__ _, .....__ .._.. _.... ... � I MI ................ i Kluge _.-.J _____.____..._ ___.-�.....__.__.._._._. e..�_...............__....,. Applicant Phone Applicant (984) 233-1878 Applicant Address 37 Becky Lane Pnncton I ! North Caroline v I [ 27569 Property Owner Name Thurman ' C } Godwin Property owner Address ___ __•_„_ __-_Y 1 511 Spring Branch Road [Dunn North Carolina .._,..... .. I v l 28334 _. l Date Property Acquired Deed Reference: Book/Page 03/01/2022 Tax PIN#k 1516 72-9015 000 iflp .-I arnett orgJ91sviewer/ example:1517-01-3457.000 Size (sgft or acres) 3260 sq it building .42 acre lot Book 2864 Page 0541 Street Frontage (ft) 61.2 ft approximate road frontage ._, ..-.... ...._,..--_. .. ✓ Attach a legal description (metes and Bounds Description) of the area requested of parking spaces provided: 25 Directly on Spring Branch Road Land Uses: Existing Zoning: Highway Commercial Existing Land Uses on Property: Commercial Existing or proposed land uses on all adjoining properties: Highway Commercial, Highway Commercial, Highway Commercial, & Highway Commercial List the properties to the North, South, East, West Statement of Justification (City Code, Article IX of Section 22) Attach a statement justifying the following: 1) The use requested is listed among the conditional uses in the district for which the application Is made. 2) The requested use is essential or desirable to the public convenience or welfare. 3) The requested use will not inpalr the integrity or character of the surrounding or adjoining districts, nor be detrimental to the health, morals or welfare. 4) The requested use will be In conformity with the land development plan. 5) Adequate utilities, access roads, drainage, sanitation, and other necessary facilities have been or are being provided. Instruction for filing a Special Use Application: 1) A Petitioner for a conditional use permit must complete this application In full. This application will not be processd unless all Information is provided. 2) Include the filing fee for each rezoning petition which is $700. 3) Include a site plan drawn to scale of the entire property and the location of each facility and the uses of the property. The site plan should include parking layout, required landscaping and speclfcations of tnstallation/construction. 4) The application must be signed by the owner or by an authorized agent of the prcerty requestion the Speclal'Use permit; the signature shall be notarized. 5) The Planning Board meets regularly of the forth Tuesday of each month at 6:30pm at the Dunn Municipal Building located at 401 E. Broad St, and shall make recommendations to the City Council on all rezoning requests. 6) The City Council meets regularly on the second Tuesday of each month at 7pm in the Dunn Municipal Building located at 401 E Broad St, and is the approving authority for all rezoning requests. 7) This project is required to go through the commercial site plan review process. This request Is for the use approval only. In order to ensure specifications meet the minimum standard(s) for the City of Dunn, a thorough review is performed. Reviewers may include, but Is not limited to, Public Works, Planning, Inspections, Fire Department and Environmental Heath, etc. For additional information or assistance, call the Planning Department at 910-230-3605. Adjoining Property Owners (within 10 feet of requested change) Name, Mailing Address, PIN Number 1- Name, Mailing Address, PIN Number I -Mart of Dunn 601 Spring Branch Road Dunn, NC 28334 1516-72-8255,000 2- Name, Mailing Address, PIN Number Flagstone Properties _- PO BOX 578 DUNN, NC 28335 1516-82-2370.000 3-Name, Mailing Address, PIN Number MUNISHREE LLC~__..._._._,__ 415 SPRING BRANCH ROAD DUNN, NC 28334-0000 1516-71-6943.000 4- Name, Mailing Address, PIN Number 5- Name, Mailing Address, PIN Number 6- Name, Mailing Address, PIN Number 7- Name, Mailing Address, PIN Number 8- Name, Mailing Address, PIN Number 9- Name, Mailing Address, PIN Number 1tb Name, Mailing Address, PIN Number 11- Name, Mailing Address, PIN Number 12- Name, Mailing Address, PIN Number Owner's Certification: I (We) do herby certify that: I am (We are) the owners or authorized agent of the property described In the application for Special Use and have attached copies of deed, title reports or other documents as proof of ownership. I (We) have read the Special Use procedures, requirements and have truthfully completed this application for Special Use permit. I (We) understand that the filing fees are non-refundable; the process to review rezoning cases Includes public hearings and review by both the Planning Board and the City Council. I (We) understand that any action to approve our request Is at the discretion of the Planning Board and the City Council and additional requirements may be imposed as determined neccessary. Owners Signature Date Signed note ur I'D presented Do not sign unless you are before any no a Notary: DONNA JOHNSTON Notary Publio Harnett Co., NortfiCarolIna . ......... —P day Sworn to and subscribed before me this, �t' of Notary Public slgnature_)��k"-,- My Commission Expires: '2, Seal must be visable when scanning For Planning Department Use Only Case Number i Date Received: Planning Board Meeting: I 31 z jaoo� Fee Paid: I boo_ ak z / qq Receipt #: ■: asn '1tlJ3'1 MOO ION CITY CIF DUNN NORTH f`w,4 RO L I N A Meeting Date: April 12, 2022 SUBJECT TITLE Stormwater Fee Information and Discussion PRESENTERIDEPARTMENT City Manager Neuschafer ATTACHMENTS) Comparisons PUBLIC HEARING PUBLISH DATES PURPOSE: To discuss further and determine strategy for moving forward with more equitable stormwater fees. BACKGROUND: City staff shared the Stormwater Fee study results provided by Willdan at the March 14th Special Meeting. Wildan's information used the Equivalent Residential Unit (ERU) calculation to make more equitable cost comparisons for Residential, Multi -Family, Commercial, and Industrial fees, looking at impervious surface areas — areas that create runoff— rooftops, driveways, decks, etc. The estimated average residential unit area for the city is 3,257 sf; we can use this number to maintain the amount paid by our residents and charge more for those properties that have a larger impervious surface area. This square footage will be used as the equivalent unit and the non-residential multiplier. Currently a large business pays $10.00 per month and single family residential property pays $3.50 per month. These flat fees bring in $240,000 a year. To keep large businesses from paying a huge fee initially, we can set a cap on the number of ERU's used to calculate their fee. Future revenues will depend on the cap any single property would have to pay. The proposed annual cap in the presentation materials was 35 ERU's with the potential revenue of $412,000 The fee can be billed monthly (current process) on the water bill or the fee can be incorporated on the tax bill Council agreed there needs to be a more equitable way of sharing the cost but requested additional information to include some comparisons from communities relative to Dunn's size. Mayor Elmore asked City Manager Neuschafer to bring back the needed information so that council can make a decision on the best way to move forward looking at cap/phased approach, what the cap will be and the method of billing. According to the UNC School of government, Environmental Finance Center website, with 2020 survey information (Utility Fee Structure attached): For Non-residential Bill Amounts The average monthly bill across surveyed utilities for a non-residential property with 10, 000 square feet of impervious surface was $15, 07 monthly. Monthly bills at 10,000 square feet range from $0.83 to $82.50 monthly, For the City of Dunn 10,000 square feet is proposed to be $10.75 monthly. An average fast food location in Dunn is one acre of land with 90% impervious area (12 ERU's) would be $42.13 per month. CITY OF DUNN NORTH CAROL,INA Fee Structures The 93 residential storrnwater fee structures in this survey included 65 flat fee structures, 27 tiered flat fee structures, and one uniform rate (per ERU) fee structure. The 93 iron -residential fee structures included 63 uniform rate (per ERU) structures, 21 flat fee structures, and 8 tiered flat fee structures. The City of Dunn's proposed fee structure is the Uniform rate structure with an agreed upon total cap. Of the 21 utilities that charge non-residential customers a flat fee, 14 charge non-residential properties the same flat fee as residential properties. For these utilities, residential customers pay the same monthly bill as non-residential customers, regardless of the size of the non-residential property. Currently the City is one of those 21 Utilities that charge a flat fee but not one of the 14 that charge the same rate for all classes. Residential base fee according to the 2021-22 survey Dunn $3.50 Lumberton $4.25 Kinston $4.50 Ayden $3.50 Tarboro $3.00 Hope Mills $4.00 Spring Lake $2.75 Fayetteville $6.00 Whiteville $6.00 Erwin $2.50 BUDGET IMPACT: For our non-residential customers, if we set the "ERU Cap Amount" as listed in the middle column below, each property owner that meets or exceeds the cap will pay the "Total Dollars per year (property owner)" in the first column. At that cap, the City will have the final revenue listed in the "Revenue" column on the right. Total iDollars per year (property owner) ERU Cap Amount Revenue $ 60900 14.5 $ 348,627' $ 1,20750 28.75 $ 399,686 $ 1,4700 35 $ 412,862 $ 2,404,50 57.25 $ 444,998 RECOMMENDED Motion to move forward with the recommendation presented for the upcoming MOTIONIACTION 2022/2023 Fiscal Year Budget. 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TI —Io XIY YtYIY�Y -AIJJ J>i�'G`�G`��'�`�IZIZJOId�n d�2¢J�KIKJK Ilj mImIN�N Tq tnI VIHF-�. �i 9 M y CSiNICI�(O N�" o, V> ij 3,3 N to{{ N N 0 6 CITY OF 0 DUNN NORTHCAPOI_INA Meeting Date: April 12, 2022 Stormwater Mapping Eng Mathew Boone, Assistant AT - Firm PURPOSE: To approve staff's recommendation to enter into contractual negotiations with an engineering firm to provide a detailed and interactive mapping diagram of the cities complete stormwater system. BACKGROUND: The city advertised an RFQ for engineering services and general land surveying pertaining to mapping the existing stormwater system that was due on February 14, 2022. The City received sixteen (16) proposals from qualified firms from all over the state. Two (2) firms were shortlisted and interviewed and staff recommends entering into contract negotiations with ESP Associates, INC. BUDGET IMPACT: Motion to allow the city manager to enter in contract negotiations with ESP Associates, INC to provide the city with a comprehensive map of its stormwater system. CITY OF DUNN 6�10 ?-f 1 :� «t.t € City Council Agenda Item Meeting Date: April 12, 2022 Consideration of Wayfinding Design Contract Mathew Boone, Assistant CitV Manager ATTACHMENT(S) Portions of Proposal to include a few examples Budget Amendment PURPOSE: To approve staff's recommendation to enter into contract with Merje Design to research and develop the cities Wayfinding Masterplan. BACKGROUND: The city advertised an RFP for design services pertaining to developing the cities Wayfinding Masterplan that was due on February 14, 2022. The City received sixteen (16) proposals from qualified firms from all over the state. After a staff review team reviewed and scored proposals from all firms, they unanimously recommended Merje Design as the design firm with the best overall submittal and apparent experience in developing wayfinding a signage for a large number of cities and town all over the United States. BUDGETIMPACT: $60,000 from the General Fund Motion to authorize the City Manager to enter into a contract with Merje Design, after review by the City Attorney, to design the city's wayfinding and signage masterplan and to approve the Budget Amendment as presented. is y T 0 N M a z 0 z W aK W r a U N LL O V V O C N m 10 E o Q m n E Q Q 0 0 m o O m _ 7E w O E U w � o ❑ E Q U C M O O C N O C N O C O � � m N n E Q Q Z O a U O W LU LU F_ W Z J U Yi m C U v 0 L9 0 ❑ LL LL m N C7 I O O O _ W E o Q aci o E Q Q ea 0 0 m o m m o m E � m � c � Q Q N U Si N N O O C m `O O EO C � m m Q z O a K U O W uj uj H_ W Z J U m m O ii 0 N m 0 O �+ z � � N N U I u N N N N a a a a N m W N _ m E 3 c y C N L T O O N t C r C O N C O C L 0 NJ c d C C y U m y c O mo 3 y c y rn O UI c N m t a c U x o r o 0 o g E m O �LL C N m m O N O U m N LL m �`v E U ii F'ouE FL-U' c E m w a n d d m N t_ 4� U O O U O LL LL Z W F- U � t❑i. 7 Destination'. Name DeStlnatlon oeslination �;, CABARRUS COUNTY REGIONAL WAYFINDING PROGRAM Concord. NC =,t,Destinalion. Name w Destination,; Name =�oestination +':. :,Name V CRBRRRUS c n u a r Y� x c The Cabarrus County Convention and Visitors Bureau, contracted with MERJE to design and plan a County- wide wayfinding program that connects 5 municipalities and the various community assets and attractions. The design is modern and sleek, reflecting the Cabarrus County brand. Working with the County, Cities, and NCDCT, the program includes vehicular signage around the County and pedestrian scale elements in the individual downtowns. Each municipality retains their own personal identity through the use of their own color and logo graphics. The program is scheduled for installation for late summer of 2017. mlr�- HENDERSON COUNTY Regional Wayfinding Program Hendersonville Henderson County, NC NORTH CAROLING Henderson County Is home to five municipalities in North Carolina. The County's Tourism Development Agency contracted with MERJE to design and plan a County -wide wayfinding program that connected the five municipalities and the various community assets and attractions, while incorporating the new brand the county had recently adopted. The design is modern and sleek, reflecting the mountains and rivers of the environment. Working with the County, Cities, and NCDOT, the program includes vehicular signage around the County. Each municipality retains their own personal identity through the use of a header panel with their name and a unique color, m ri, CITY OF HAMILTON, MT Bicycle and Pedestrian Wayfinding Program Hamilton, MT Located about 45 miles south of Missoula, the town of Hamilton (Population: 4,723) is a central trade area for hundreds of small farms, ranches and orchards that fill the valley. Hamilton offers a variety of outdoor activities, including hiking, fishing and bicycle trails. The historic downtown is a authentic Montana experience offering local boutique shops, dining and museums. MERJE developed a wayfinding plan that connects Downtown Hamilton with adjacent destinations including the Bitterroot River, Bitterroot Trail, City Parks, and additional community attractions. While vehicular signs are included in the program, the system is primarily oriented towards pedestrians, and cyclists. Our design reflects the City of Hamilton Brand, the local environment and the DIY culture of the community. Readily available materials, standard sizes and components are incorporated, so the signs can be fabricated by the City of Hamilton staff and local volunteer groups. m ri MERJE STANDARD FORM OF AGREEMENT Dated: 4.7.2022 1.0 PROJECT DATA Design Consultant ('Designer" or "Design Firm'): Found Design LLC (d.b.a. MERJE) 120 N. Church Street, Suite 208 West Chester, PA 19380 Client & Owner: ("Client') The City of Dunn 401 E. Broad St. Dunn, NC 28334 Project: City of Dunn Wayfinding Masterplan 2.1 DESIGNERS RESPONSIBILITIES 2.2 Scope of Services Basic services for this project shall include the tasks outlined in the attached Exhibit A, dated 02114/2022 Design Firm represents to Client that Exhibit A, attached hereto and incorporated herein by reference, includes all of the Scope of Work contained within the Request for Proposals prepared and distributed to the Design Firm for this project, a copy of which is attached hereto as Exhibit C, and in the event said Exhibit A does not include a service/work described in the Scope of Work as stated in said Request for Proposals, Design Firm will perform such service/work as part of the basic services performed for the fixed rate as stated in Exhibit B, dated 02/14/2022. 2.3 Performance of the Services/Work; Project Completion All services/work to be provided by the Design Firm shall be provided in a timely manner and without undue delay. In addition, all work/services provided by the Design Firm shall be done in accordance with applicable laws, rules and regulations, both North Carolina and Federal. All work/services provided by the Design Firm shall be of good quality and shall meet or exceed the standards of the Design Firm's profession. All services/work shall meet the goals and outcomes of the Project as stated in the Request for Proposals prepared by the Client and distributed to the Design Firm for this Project, attached hereto and incorporated herein by reference as Exhibit C. Services shall be considered 100% complete after delivery and acceptance of the Documentation Package and/or Optional Services, Construction Administration (if accepted to pursue) by the client. Any services required after this will be billed at the standard hourly rates or a separate proposal will be developed for a specific scope of work. 3.1 OPTIONAL SERVICES The services listed below are optional and are available at MERJE's standard hourly rates listed plus related reimbursable expenses. The designer shall request written authorization from the client before performing any of these services. Optional services include, but are not limited to, the following: MERJE Standard Agreement 04/07/2022 3.2 Revisions or Changes Revisions include changes to previously approved work, changes in the extent of work or project parameters, changes in the complexity of any elements of the project, activities performed out of sequence, changes necessitated by strikes, code revisions, schedule changes, client personnel changes, field changes, structural/electrical conflicts, fabricator price increases or other causes not within the designer's control. 3.3 Additional Consultation Services not listed above such as: Inventory of existing signs, bidding, construction administration, orientation map design, landscape design, lighting design, public art or engineering (structural, civil, electric or traffic). 3.4 Additional Design Design of items not listed above nor outlined in Exhibit A such as: architectural items, commemorative signs, electronic signs, environmental enhancements, exhibit design, miscellaneous items, tenant criteria, etc. 4.1 CLIENT RESPONSIBILITIES 4.2 Appointment of a sole representative with full authority to provide or obtain any necessary information and approvals required by the designer. 4.3 Coordination of the decision -making process with parties other than the designer. 4.4 Timely communication of administrative or operational decisions if they affect the design or production of signage or graphic items; coordination of required public approvals and meetings. 4.5 Timely provision of accurate and complete information and materials requested by designers such as site plans, building plans and elevations, utility locations, color/material samples and all applicable code information. 4.6 Provision of approved nomenclature; securing approvals for copy from third parties [such as end users or donors] if necessary. 4.7 Provision of photographs, illustrations or other visual materials that are in a form suitable for reproduction without further preparation. 4.8 Final proofreading and written sign off of all project documents including map artwork, graphic patterns, graphic layouts, message schedules, sign location plans and design drawings before their release for fabrication or installation. In the event that the client has approved work but errors, such as typographic errors or misspellings, remain in the finished product, the client shall incur the cost of correcting such errors. 4.9 Arranging for the documentation and implementation of all electrical, structural or mechanical elements needed to support, house or power signage; coordination of sign installation with other trades. 4.10 Bid solicitation and contract negotiation. Establishment of final pricing and contract terms directly with fabricators or vendors. 4.11Establishment of specific invoicing procedures for the designer which will ensure timely payments. MER1E Standard Agreement 04/07/2022 4.12 5.0 COMPENSATION See Exhibit B, dated 02/14/2022 The design and planning for this project will be completed for the fixed fee of $54,950. 6.0 HOURLY RATES All additional work request shall be Standard hourly rates are listed below and shall apply for 12 months from the date of this proposal. Principal $ 165 Senior Designer $ 125 Project Designer $110 Junior Designer $ 85 7.0 REIMBURSABLE EXPENSES In addition to the fees listed above, the design firm shall be compensated for reimbursable expenses including both in-house charges and outside expenditures made in the interest of the project. Examples of reimbursable expenses include film, processing, digital photos, typesetting, materials, reproductions, photocopies, laser prints, disks, scans, computer output, long-distance telephone charges, faxes, expressage, mileage at, 50�/mile, parking, travel, out-of-town meals and lodging. Costs of services such as fabrication of models or mock-ups, renderings, printing, conventional or digital artwork/photography/illustration or retouching, whether performed in or out of house, shall also be considered reimbursable expenses. Cost of sign permits or plan reviews will be considered reimbursable expenses. Reimbursable expenses will be billed at cost. Reimbursable fees for this project are included in the overall cost. Other related/needed cost will be billed appropriately under the stated hourly billing rates 8.0 REIMBURSABLE AND IMPLEMENTATION ESTIMATES Estimates provided at any time during the project for reimbursable expenses or implementation charges such as fabrication or installation (gateways) are for planning purposes only. They represent the best judgment of the design consultants, but shall not be considered a guarantee that project bids or costs will not vary or increase. 9.0 PAYMENT SCHEDULE Invoices shall be submitted on a monthly basis. Invoices will be based on percent of work completed to date since previous billing. Provided the services reflected upon such monthly invoice has been performed timely and in a satisfactory manner, payment is due upon receipt. Services reflected on an invoice for which Client makes no objection within 20 days of its receipt shall be deemed to have been performed in a timely and satisfactory manner. The designer reserves the right to temporarily suspend services when an invoice not objected to by Client is not paid within 120 days. The designer shall be entitled to reimbursement of all costs incurred in collecting overdue accounts not paid within 120 days (those for which no objection was made) including, but not limited to, reasonable legal fees. 10.0 PROJECT DELAYS MER1E Standard Agreement 04/07/2022 If this project is suspended in whole or in part or delayed for causes not attributable to the Design Firm for 16 weeks or more, the designer reserves the right to charge a restart fee of 5% of the fee to accommodate the additional start/stop time or re -negotiate the fee to reflect any changes in hourly rates, expenses or project scope. In the case of project suspension, the designer shall be paid for all services performed and reimbursables expended to that date. The designer will use his best efforts during design activities to meet the client's target dates. However, if there are delays in the project not attributable to the Design Firm, whether caused by the client, fabricator, or others, the designer shall not be liable to the client for any expenses, lost profits or damages sustained as a result of these delays. 11.1 TERMS AND CONDITIONS 11.2 Arbitration Project disputes in excess of the maximum limit of the jurisdiction of small claims court in North Carolina arising out of this contract shall be submitted to binding arbitration in the County of Harnett and the State of North Carolina in accordance with the rules of the American Arbitration Association. The prevailing party shall be entitled to all arbitration and court costs and reasonable attorney's fees. 11.3 Assignment Neither the client nor the designer may assign or transfer their interest in this agreement without the written consent of the other party. 11.4 ENGINEERING The designer shall design all items required for this project including specifications for materials and construction details. However, it is understood by the client that the designer is not a licensed engineer or architect, and that responsibility for the interpretation of design drawings and design and engineering of all work performed under this contract to yield an effective and safe product is the responsibility of the client and its architect, engineer or fabricator. 12.0 ENTIRE AGREEMENT This Agreement constitutes the entire Agreement between the parties and supersedes any prior or concurrent agreements, understandings, arrangements and negotiations. No amendment or modification of this agreement shall be valid or enforceable unless in writing and signed by the parties affected. 13.0 IMPLEMENTATION The client shall contract and pay directly for implementation services such as fabrication or installation. The designer shall not be held responsible for the quality or timeliness of the fabricator's work, whether or not the designer assists the client in evaluating, selecting or monitoring the fabricator or installer. 14.0 LIABILITY Liability of the designer shall be limited to the total design fee for the project. 15.0 OWNERSHIP All artistic expression, design concepts, sketches, notes, photographs, drawings, specifications, computer files and the right to create copies or derivative works there from shall remain the property of Found Design LLC (d.b.a MERJE) whether the project for which they are made is executed or not. MERJE Standard Agreement 04/07/2022 Use of project documents or derivative works by the client on other projects outside of municipality, shall entitle the designer to further compensation equal to the original project fee unless otherwise agreed to in writing by both parties. If the client reuses designs or specifications at any other time or in another location, the client shall hold the designer harmless against claims for loss or damages resulting from the failure of these designs encountered with such reuse. The designs funded by and created for the client are unique and cannot be repurposed in another way or location without permission of client. The design shall not be sold or used by a third party without written consent by the designer and compensation to the designer. The designer shall retain all artwork, drawings, and specifications for this project for a period of six months from the date of the final invoice. At that time all such materials will be shipped to client 16.0 OWNERSHIP/IDENTITY Notwithstanding the foregoing, all final design work completed by the Design Firm for the Client for the Project shall be deemed work for hire, and upon payment of all fees and expenses, shall be the property of the Client. The Design Firm will sign such documentation as may be requested by the Client to memorialize the ownership of such final design work by the Client, including but not limited to transfer documentation. The Client shall have the sole right to use the final design work (except the Design Firm may include such final design work in its promotional materials for its business development), and the sole right to apply for trademark registration and copyright registration for such final design work This will include, but not be limited to, the material identified in the "Documentation" component of Exhibit A. Documentation will be delivered in whatever form, digital, hard copy, etc. that the client requests, subject to production costs as outlined in section 7.0 Reimbursable Expenses. 17.0 REPRESENTATIONS The client represents that it has full power and authority to enter into this agreement and that it is binding and enforceable in accordance with its terms. The design firm represents that it has full power and authority to enter into this agreement and that it is binding and enforceable in accordance with its terms. The design firm further represents that It has and will maintain sufficient capabilities, resources and staff to deliver high quality services on a short time frame and within budget, that it has and will maintain the economic resources to pay expenses in advance of reimbursement from the Client, and that it has sufficient working capital, positive net worth, and has or can obtain a line of credit for the services to provided hereunder. 18.0 SALES AND USE TAX The client shall pay to the Design Firm for remittance to the proper authorities any sales and use that may be applicable to the services provided under this agreement, including any sales and use tax that may be assessed on a subsequent audit of the designer's tax returns, but not any penalties arising from a failure of the Design Firm to properly report or timely remit payment of any sales or use tax to the proper authorities. 19.0 SEVERABILITY All provisions of this Agreement are separate and divisible, and if any part is held invalid, the remaining provisions shall continue in full force and effect. MERJE Standard Agreement 04/07/2022 20.0 TERMINATION Either party may terminate this agreement without cause after giving 10 days written notice. In event of the termination of this contract by the Design Firm for cause, or by the Client without cause the designer shall be paid in full for all services performed up to the termination date, based on standard hourly rates, along with associated reimbursable expenses, not to exceed the agreed design fee. In such event, only final design work which has qualified for ownership under Paragraph 16.0 of this Agreement shall be deemed owned by the Client. In the event this agreement is terminated by the Design Firm without cause, or by the Client for cause, the Client shall only be required to pay for those services which have been timely and satisfactorily performed, and for which no objection was made by the Client within the 20 day period described in Paragraph 9.0 above. Additionally in the event of termination by the Design Firm without cause, or the Client for cause, all design work which has been performed by the Design Firm for this Project (regardless of whether such design work is in draft form, is conceptual, or whether it is complete) shall be deemed to be final design work, and the terms and conditions governing final design work shall be deemed to apply. The proposal, made on 02/14/2022 will become a binding contract when signed below by the client and design firm. 22.0 CREDITS Credit to the design firm is required whenever the project is publicized or exhibited. Credit should read: Design by MERJE, West Chester, PA 210 INDEMNIFICATION The client shall defend, indemnify and hold the designer harmless from all suits, claims, judgments and liabilities of any kind whatsoever, including, without limitation, property damage and bodily injury or death, arising of this agreement or project by the client or designer due to any intentional or negligent acts, errors or omissions of the client or its agents, contractors or employees, including costs of litigation and attorney's fees. The designer shall defend, indemnify and hold the client harmless from all suits, claims, judgments and liabilities of any kind whatsoever, including, without limitation, property damage and bodily injury or death, arising of this agreement or project by the client or designer due to any intentional or negligent acts, errors or omissions of the designer or its agents, contractors or employees, including costs of litigation and attorney's fees. The client and designer shall, in the event of liability arising out of their joint negligence or willful misconduct indemnify, and save harmless each other in proportion to their relative degree of fault. 24.0 INSURANCE The designer shall, at its own expense, purchase, maintain and keep in force during the term of this Agreement such insurance as set forth below. Designer shall not commence work under this Agreement until Designer has obtained all the insurance required under this Agreement and such insurance has been approved by Owner, nor shall Designer allow any of its consultants to commence work on any of its consulting agreements until all similar insurance of the consultant has been obtained and approved. Excepting any applicable errors and omissions policies of insurance which may cover the Designer, all insurance policies provided under this Agreement shall be written on an "occurrence" basis. The insurance requirements shall remain in effect throughout the term of this Agreement. MERJE Standard Agreement 04/07/2022 WORKER'S COMPENSATION: As required by law, with the policy endorsed to provide a waiver of subrogation as to the Owner, such policy of Employer's Liability insurance shall be for not less than $100,000.00 for each accident and $100,000.00 for disease (each employee), with a $500,000.00 disease policy limit. COMMERCIAL: Commercial general liability insurance, including Independent Contactor's Liability, Completed Operations and Contractual Liability, covering but not limited to any indemnification provisions in this Agreement, fully insuring Design Firm's liability for injury to or death of employees of Owner and third parties, extended to include personal injury liability coverage and for damage to property of third parties, with a combined bodily injury and property damage limit of $500,000.00 per occurrence. AUTOMOBILE: Automobile insurance, for vehicles used in performance of this Agreement, in minimum amounts as required by the State of North Carolina. The client may request certificates of insurance as evidence of coverage. The policy limits for errors and omissions shall include costs of defense including reasonable attorneys' fees. fFlf.#_$"MAM11110 The designer shall have the right to photograph all completed designs or installations and shall have the right to use such photographs or other visual materials from the project for its own business development, including publication in promotional materials, exhibition, or other promotional purposes. 26.0 THIRD PARTY AGREEMENTS The client grants to the designer the right to act on the client's behalf to contract with or give instructions to any person involved in the project, such as photographers, illustrators or writers. The designer agrees to review with the client for approval any terms and conditions, including required credits that may be imposed on the client or designer by such third parties. 27.0 GOVERNING LAW AND VENUE This Agreement shall be construed according to the laws of the State of North Carolina. The venue for all arbitration or litigation shall be the State of North Carolina. 27.0 PROPOSAL ACCEPTANCE Accepted by Client/Owner: Signature Printed Name Accepted by Designer: John F. Bosio Date Date Date MER1E Standard Agreement 04/07/2022 t.I 6 `f 0I DUNN NOR € I€ w.APOi_.l€IA City Council Agenda Item Meeting Date: April 12, 2022 SUBJECT TITLE Approval of Public Services Complex Architectural and Engineering Contract Mathew Boone, Assistant City Ma Contract and Budget Amendment PURPOSE: To approve staff's recommendation to enter into contract with IBI Group to provide architectural and engineering services pertaining to the design of the Public Services Complex. BACKGROUND: At the March 8, 2022 Council meeting, City Council authorized the City Manager to negotiate terms between IBI Group and the City of Dunn for design and other related professional services for the city's new public services complex. An agreement was made with IBI group to provide the following deliverables: • Executive summary • Site due diligence narratives and base plan graphic • Space needs program in spreadsheet format • Recommended site master plan and considered options • Site expansion and phasing plan • Overall complex graphic rendering at a conceptual design level. • Total project budget worksheet with opinion of probable construction cost • Questionnaire responses • Other associated data BUDGET IMPACT: $79,000 from the General Fund Motion to allow the city manager to enter into contract with IBI Group, after review by the City Attorney, to deliver an overall masterplan needed to construct the city's new Public Services Complex and to approve the Budget Amendment as presented. ] \\\ {{\ <E \�{ : ƒ \ \ a \\E cl \E ({cl {�{ ( ) @ » {_\, � 220o \ � k\\\ k® o 0— § \ Consulting Services Agreement This Consulting Services Agreement (the "Agreement") is made as of April_, 2022, between City of Dunn, a North Carolina Municipal Corporation and IBI Group Architects, Engineers & Landscape Architects, a New York General Partnership for the professional services as provided below. City of Dunn and IBI Group Architects, Engineers 401 E. Broad Street & Landscape Architects, a New Dunn, NC 28334 York General Partnership the "Client" 01 Project Background: The Client and IBI wish to enter into this Agreement for the New Public Services Complex to be located at the City's property in Harnett County, NC PIN: 1517-71-6247, (the "Project") whereby IBI will provide professional services to the Client pursuant to the following terms and conditions: Section 1 — Performance by IBI 1.01 Scope of the Services — The professional services IBI will provide under this Agreement are set out in Schedule 1 - Services, Rates and Schedule (the "Services"). Upon written request, the Client may change the Services in which event the alternation will be set out in a Change Order, the form of which is attached as Schedule 2 - Form of Change Order. IBI will comply with all reasonable Client change requests. Additional Services will be compensable as additional payment to IBI, the payment for which will be made in accordance with the Change Order. No changes to the Services are effective or will be carried out by IBI in the absence of a Change Order. Any change to this Agreement will be solely by written Change Order. 1.02 Commencement of Performance — IBI will commence the performance of its obligations in accordance with Schedule 1 - Services, Rates and Schedule or as otherwise directed by the Client in writing. 1.03 IBI's Standard of Care — In providing the Services, IBI will perform at all times in a manner consistent with the degree of care and skill ordinarily exercised by members of IBI's profession currently practicing under similar circumstances at the same time and in the same or similar locality, and IBI will comply with all applicable laws in the provision of the Services. The Client acknowledges and agrees that nothing herein shall be construed as creating a fiduciary duty owed by IBI. 1.04 Notification by IBI to the Client —If circumstances or conditions that were not reasonably contemplated by the Client and IBI are revealed during the provision of Services, to the extent that they affect the Services, the Client and IBI will enter into good faith negotiations to address the changed or unanticipated condition(s). Any change under this provision will not be effective until a Change Order reflecting the change has been executed by the Client and IBI. ConsultingServicesAgreemenl-IBI Group 1.05 Rights and Remedies — The express rights and remedies of the Client,and IBI set out in this Agreement are in addition to and will not limit any other rights and remedies available to the Client or IBI at law or in equity. Any failure by either the Client or IBI to insist on strict performance and compliance by the other of any term, right or remedy under this Agreement will not be construed as a waiver by the Client or IBI of its right to require strict performance of any such term, right or remedy, and the duties of the Client or IBI with respect to such contractual performance will continue in full force and effect. 1.06 Client Provided Information — The Client will furnish information, requirements, reports, data, surveys and instructions required for IBI's provision of the Services. IBI will use such information, requirements, reports, data, surveys and instructions in performing the Services and is entitled to rely upon the accuracy and completeness thereof. The Client shall give decisions and approvals and shall take such actions necessary for the proper and timely performance of the Services. In addition to the foregoing, the Client shall promptly disclose the existence of any labor and material payment bond and/or payment insurance products to IBI, if applicable. 1.07 Subconsultants to IBI — IBI may retain the services of subconsultants in the provision of the Services, when, in its opinion, it is appropriate to do so. If IBI wishes to retain non- affiliated subconsultants, IBI will notify and obtain the Client's approval in writing prior to engagement of such subconsultant, such approval to not be unreasonably withheld. 1.08 Approvals, Budgets, Estimates, Timetables —the Client acknowledges that IBI does not warrant (a) that planning permission or any other approvals from third parties that may be required in connection with the Services will be granted at all or with no amendments, or granted in accordance with any anticipated time schedule, (b) compliance with any budget or quantity estimate or timetable whether or not prepared by IBI as part of the Services and which may require review by the Client for various matters including but not limited to (i) approved variations arising from design development or requested by the Client, (ii) variations in market prices, (iii) delays or additional costs caused by third parties, (iv) any other factors beyond the control of IBI and (v) the discovery at any time of any previously unknown conditions. If the Services require IBI to monitor costs against a provided or agreed budget, IBI shall inform the Client when it reasonably believes costs shall exceed the agreed upon budget, following which IBI shall make appropriate recommendations to the Client to adjust size, quality or budget.] Section 2 — Nature of the Relationship Between the Client and IBI 2.01 IBI Not a Partner, Agent or Employee — IBI will have no authority to contractually bind the Client or to assume or create any legal obligation or responsibility, express or implied, on behalf of the Client. Nothing in this Agreement will have the effect of creating a partnership, agency or employment relationship between the Client and IBI or any of IBI's directors, officers, partners, agents, employees, affiliates, subconsultants or volunteers. 2.02 Assignment — Other than in compliance with Section 1.07, neither the Client nor IBI will transfer, sublet or assign any rights or duties under, or interest in, this Agreement, without the prior written consent of the other party. Notwithstanding anything to the contrary herein, IBI is entitled to assign elements of the scope to any of its affiliates to ensure compliance with applicable laws. 2.03 Conflict of Interest— In the provision of the Services under this Agreement, IBI will: (a) avoid any conflict of interest in the performance of its obligations under this Agreement; (b) disclose immediately any actual or potential conflict of interest arising during the performance of its obligations under this Agreement; and (c) comply with any requirements prescribed by ConsultingServicesAgreement-IBI Group 2 the Client to resolve any actual or potential conflict of interest. Conflict of interest under this provision includes, but is not limited to, any situation or circumstance where IBI's other commitments, relationships or financial/commercial interests: (a) could or could be seen to exercise an improper influence over the objective, unbiased and impartial exercise of its independent judgement in the provision of the Services; or (b) could or could be seen to compromise, impair or be incompatible with the effective performance of its contractual obligations under this Agreement. 2.04 Ethical Standards — The Client and IBI represent that neither it nor any of its affiliates has offered, promised or given financial or other advantage directly or indirectly to a governmental or public official or any employee or other person acting on their behalf, or any employee or other person acting on behalf of the other party herein, in connection with any matter related to the provision of the Services under this Agreement. In performing its obligations and exercising its rights under this Agreement, the Client and IBI will comply with this Agreement and applicable laws, including those pertaining to the regulation of public markets, competition among market participants, the corruption and bribery of governmental or public officials or others; lobbying and money laundering; export controls, customs and anti - boycott laws; health and safety matters including worker compensation requirements; protection of personal and private information; mutual respect in the workplace; and safeguarding children and vulnerable adults, human rights, human trafficking and modern slavery. The parties further agree that they will exercise their respective obligations under this Agreement, deal with their employees, suppliers, business and governmental organizations, in a fair manner and conduct themselves, in all matters related to the provision of the Services, in a manner consistent with business best practices and the values and principles promoted by their respective organizations. 2.05 Client Responsibilities — The Client's designated representative set forth herein is authorized to act on its behalf and all direction shall be by or through such designated representative. The Client shall examine documents submitted by IBI and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of Services. The Client shall furnish IBI all existing available information, including reports, studies, testing results, operating records, existing plans, and other data pertinent to the Services, in a timely manner, and IBI shall be entitled to rely on the same. As applicable, the Client shall ensure IBI is afforded access to enter upon public and private land as required for the performance of the Services. The Client shall instruct the making of applications for any consents or permits or other applicable applications required in connection with the Services and shall pay any charges, fees, expenses and disbursements in respect thereof. Section 3 — Payment for IBI Performance and Audit 3.01 IBI Payments According to Agreement Rates — The Client will, subject to IBI's performance of its duties and obligations under this Agreement, pay IBI for the provision of the Services, plus applicable taxes, as set out in Schedule 1 - Services, Rates and Schedule. 3.02 IBI Payments — In accordance with Schedule 1 - Services, Rates and Schedule, and any amendments made thereto, as applicable, the Client will pay IBI for the provision of the Services, plus applicable taxes, upon receipt and approval of IBI's invoice pursuant to Section 3.03. IBI's unpaid invoices will bear interest calculated monthly at the rate of twelve (12) percent per annum, commencing forty-five (45) days after the date that IBI submits its invoice. Should the Client frequently or repeatedly be delayed in the payment, in whole or in part, of IBI's invoice(s), IBI will have the unilateral right to terminate this Agreement upon reasonable written notice. ConsultingServicesAgreement-IBI Group 3,03 Agreement Billing and Payment — Unless the Client and IBI expressly set out a different billing and payment process in Schedule 1 - Services, Rates and Schedule, payment for the Services will be based on IBI's submission to the Client of: (a) an invoice no later than ten (10) days after the end of each month referencing or including: (i) the Agreement number; (ii) the date of the invoice and period during which the Services were supplied; (ii) information identifying the authority under which the Services were supplied; (iv) a description, inclusive of relevant supporting documentation, of the Services provided during the invoice period; (v) the amount payable for the Services supplied and the payment terms; (vi) the name, title, telephone number and mailing address of the person to whom payment is to be sent; and (vii) such other information as required under this Agreement. Subject to applicable law, the Client will approve or reject IBI's invoice within fourteen (14) days of receipt, failing which the invoice shall be deemed approved. In the event the Client rejects IBI's invoice, or any portion thereof, it will advise IBI promptly in writing requesting the provision of the appropriate billing information/documentation to correct the deficiency. Subject to applicable law and the Client's approval of IBI's invoice, the Client will make payment to IBI within thirty (30) days receipt of proper invoice. The Client represents and warrants that any payment to IBI hereunder is not contingent upon the Client's receipt of monies by any third party. 3.04 IBI's Payment of Taxes and Duties — Unless expressly agreed in writing, IBI will pay all applicable federal, provincial, state and municipal taxes, including sales, value added, payroll and excise duties and taxes, incurred with respect to the provision of the Services. 3.05 Document Retention and Audit — For ten (10) years after the expiry or termination of this Agreement, IBI will retain, maintain and safeguard all necessary financial records and billing documents to substantiate all charges and payments made and received under this Agreement. At any time during the ten (10) years, IBI will permit and reasonably assist the Client in conducting audits of IBI to verify payments made pursuant to IBI's provision of the Services. The Client will provide IBI with reasonable prior notice of its requirement to conduct such audit. Section 4 — Confidentiality 4.01 The Client's Confidential Information — IBI agrees to keep confidential and not to use or disclose to any person or entity, other than its directors, officers, partners, agents, employees, affiliates, subconsultants and volunteers (collectively, the "Representatives") any data or information learned or generated by IBI in the performance of this Agreement or disclosed to IN by or on behalf of the Client in connection with this Agreement "Confidential Information', other than is necessary to perform the Services. IBI further agrees to ensure that those of its Representatives who have been provided with Confidential Information will keep all such information confidential and only use or disclose same as necessary to perform the Services. This provision does not apply to information in whatever form that was in the public domain prior to the execution of this Agreement, nor does it restrict IBI from giving notices required by law or when complying with an order to disclose as issued by a court, administrative agency or other regulatory authority, or if disclosure is reasonably necessary for IBI to defend itself from any action, claim, demand, lawsuit or other proceeding at law. 4M Access and Use Restrictions — IBI agrees that unless it obtains specific written preauthorization from the Client, any access to or use of Confidential Information that is not necessary for the performance of its obligations in the provision of the Services is strictly prohibited. 4.03 Intentionally Deleted. ConsullingServicesAgreemenl-IBI Group 4 Section 5 — Intellectual Property 5.01 Ownership of Instruments of Service — Subject to IBI receipt of payment of IBI invoices pursuant to Section 3.03, IBI agrees that (i) all reports, drawings, specifications, field data, notes and other documents and instruments prepared by IBI and provided to the Client under this Agreement ("Instruments of Service") are the exclusive and sole property of the Client and (ii) the Client will retain, at all times, such property's common law, statutory and other reserved rights, including, without limitation, the Intellectual Property rights thereto. Intellectual Property under this Agreement includes any intellectual, industrial or other proprietary right of any type in any form protected or protectable under United States law including, without limitation, any intellectual, industrial or proprietary rights protected or protectable by legislation, common law or at equity. 5.02 IBI's Grant of Licence — IBI agrees that it will not incorporate into the Services any Intellectual Property that would restrict the right of the Client to use the Services for their intended purpose, or that would prevent the Client from entering into any contract with any contractor for the general maintenance and future asset management of the Services. For those parts of the Services containing Intellectual Property of IBI or its Representatives, IBI, and/or its Representatives pursuant to this provision, grant the Client a perpetual, royalty -free, irrevocable, non-exclusive licence to exercise all such Intellectual Property rights and every other right, title and interest in the Services without obligation to account to, or obtain consent from, IBI and/or its Representatives. 5.03 Client's Grant of License — The Client, pursuant to this provision, grants IBI a perpetual, royalty -free, non-exclusive licence to exercise all such Intellectual Property rights and every other right, title and interest in the Instruments of Service and Intellectual Property inherent in the Services without obligation to account to, or obtain consent from, the Client. The license granted herein may be revoked only by express, written notice to IBI by the Client. 5.04 Title to Improvements and Modifications — All Intellectual Property rights arising from any further development or modification of the Services that are conceived, developed, effected or first reduced to practice by IBI or its Representatives will vest in IBI or its Representatives, and will not vest in the Client its directors, officers, partners, agents, employees, affiliates, subconsultants and volunteers except pursuant to subsequent written agreement. 5.05 Improper Use, Indemnity — Should the Client use or provide the Instruments of Service or the Intellectual Property inherent in the Services under this Agreement to a third party for: (i) purposes other than for which the Services were provided; or (ii) other than the general maintenance and future asset management of the Services, in no event will IBI be responsible for any legal consequences of Client's improper use of the Instruments of Service or the Intellectual Property. Section 6 — Liability and Insurance 6.01 IBI Liability — To the extent permitted by law, IBI will indemnify and hold harmless the Client from and against substantiated claims, damages, losses, costs and expenses, including reasonable legal and professional fees (collectively, the "Claims"), to the extent arising out of or resulting from IBI's negligent acts, errors and/or omissions in the provision of the Services. The total amount of all Claims the Client may have against IBI under this Agreement in the provision of the Services will be not greater than 100% IBI's fees for the Project. The Client and ConsultingServicesAgreemenl-IBI Group IBI agree that (a) neither the Client nor IBI will be liable to the other for any incidental, consequential, indirect, special or punitive damages, damages related to loss of use, loss of profit, loss of opportunity, loss of income, unrealized energy savings, diminution of property value or loss of reimbursement or credit from governmental or other regulatory agencies, in each case arising out of this Agreement and regardless of a party being advised of the possibility of such damages; and (b) no employee, officer, director, shareholder of IBI or any of its affiliates shall be personally liable to the Client for any liability whatsoever arising under this Agreement. Notwithstanding IBI providing the Services or presence on -site, IBI shall have no responsibility for any deficiencies of the contractor or any failure of the contractor to carry out its work in accordance with the construction documents. 6.02 IBI's Insurance — Prior to the Client's execution of this Agreement, IBI agrees to put in effect and maintain insurance for the Term, in accordance with Section 9.02, at its own cost and expense, with insurers having a secure A.M. Best rating of A or equivalent, all the necessary and appropriate insurance that a prudent person in the business of IBI would maintain including, but not limited to: (a) commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury and property damage, to an inclusive limit of not less than $1,000,000 per occurrence and $1,000,000 in the aggregate. The policy must include: - the Client as an additional insured with respect to liability arising in the course of the performance of IBI's obligations under, or otherwise in connection with, this Agreement; - contractual liability coverage; - a cross -liability clause; - employers' liability coverage; - a thirty (30) day written notice of cancellation or termination clause; and - non -owned automobile coverage with blanket contractual coverage for hired automobiles. (b) professional liability insurance for damages incurred by reason of any negligent act, error and/or omission of IBI in the amount of $1,000,000. (c) automobile liability insurance for personal and bodily injury including death and property damage in the amount of $1,000,000. Section 7 — Agreement Expiry, Termination and Extension 7.01 Termination of this Agreement — Unless extended by mutual agreement of the Client and IBI, this Agreement will terminate on the earliest of: (a) the Expiry Date, as defined in Section 9.02; (b) the date when IBI has performed or provided all of the Services; (c) the date of termination in accordance with this Section 7. 7.02 Immediate Termination of this Agreement — The Client or IBI may immediately terminate this Agreement upon giving reasonable notice to the other where: (a) either the Client or IBI is adjudged bankrupt, makes a general assignment for the benefit of its creditors or a receiver is appointed on account of insolvency; (b) there is a breach of Section 2.04 or any provision in Section 3; or Consulling5ewicesAgreemenl-I0I Group (c) either party's acts or omissions constitute a substantial breach of its obligations under this Agreement. Rights of termination under this provision are in addition to all other rights of termination available at law, or events of termination by operation of law. 7.03 Opportunity to Cure — Where IBI fails to comply with any of its duties or obligations under this Agreement, the Client may issue a rectification notice to IBI setting out the manner and time -frame for rectification. Within fourteen (14) days of receipt of the Client's notice, IBI will either: (a) comply with the rectification notice; or (b) provide a rectification plan satisfactory to the Client. If IBI fails to comply with the Client's rectification notice or provide a satisfactory rectification plan, the Client may thereafter terminate this Agreement on reasonable written notice to IBI 7.04 Suspension Leading to Termination — If the performance of this Agreement is suspended for any reason, at any time, for more than ninety (90) consecutive days through no fault of the Client or IBI, the Client or IBI may terminate this Agreement upon reasonable written notice. 7.05 IBI's Obligations on Termination — Upon termination of this Agreement, IBI will, in addition to its other obligations under this Agreement and at law: (a) provide the Client with any completed or partially completed Services; and (b) provide the Client with a report detailing the current state of the provision of the Services at the date of termination. 7.06 Payment Upon Termination — Upon termination of this Agreement, the Client will only be responsible for the payment to IBI for the provision of the Services, up to and including the effective date of the termination, plus reasonable close-out costs. Section 8 — Dispute Resolution 8.01 Management of Dispute Resolution — The Client and IBI will make every reasonable effort to resolve a Dispute by amicable negotiations. Both the Client and IBI agree to provide frank, candid and timely disclosure of relevant facts, information and documents to facilitate negotiations without prejudice to their respective legal rights and recourse. Dispute means and includes any disagreement, conflict or controversy, in any form, arising between the Client and IBI in the interpretation of this Agreement or in IBI's provision of the Services. Section 9 — Interpretation, General Provisions 9.01 Agreement Documentation — The Agreement includes: (a) this Agreement, including Schedule 1 - Services, Rates and Schedule, Schedule 2 - Form of Change Order, and any other schedule/attachment affixed at time of execution; (b) any certificates of insurance or clearance; and (c) any amendments executed in accordance with Section 1.01. 9.02 Term — This Agreement commences on the date set out on page one hereof and ends, unless extended by mutual agreement of the Client and IBI, on the earlier of: (a) Eighteen (18) months after the date of the Agreement (the "Expiry Date") or (b) when the Agreement is otherwise terminated in accordance with its terms. Consulling5ervicesAgreementdBl Group 9.03 Severability — If any term, condition or obligation of this Agreement, or the application of any term, condition or obligation to the parties or to any other persons (including firms, partnerships, corporations or any combination), is to any extent held invalid or unenforceable under any applicable legislation or rule of law, such holding will be applied only to that provision(s), with the remainder of this Agreement remaining in full legal force and effect. 9.04 Interpretation of Documents — If a conflict or inconsistency arises between this Agreement and its Schedules, then the main body of the Agreement will govern over the Schedules to the Agreement. Later amendments to this Agreement will govern over earlier provisions of the Agreement. 9.05 Force Majeure — No party is liable for damages caused by delay to perform its obligations under this Agreement where such delay or failure is caused by an event beyond its reasonable control. The parties agree that an event will not be considered beyond one's reasonable control if an objective business person in the same or similar situation or circumstance would have put in place contingency plans to either materially mitigate or negate the effects of such event. For purposes of this Agreement such events may include, but are not limited to, strikes or other labor disputes, severe weather disruptions or other natural disasters, acts of God, pandemic, epidemics, fires, riots, war or other national states of emergency. If a party seeks to excuse itself from an obligation(s) under this Agreement by reason of such an event, that party will immediately notify the other party of the delay, the reason for it and the anticipated period of delay due to the force majeure event. If the anticipated or actual delay exceeds thirty (30) days, the other party may suspend or terminate this Agreement by giving notice. Notwithstanding the foregoing, the occurrence of a force majeure event shall not reduce a party's obligations to make any payment required under this Agreement. 9.06 Notices by Prescribed Means — Notices under this Agreement are to be in writing and are to be delivered by postage -paid envelope, personal delivery or email. Notices will be deemed to have been given: (a) in the case of postage -prepaid envelope, five (5) days after such notice is mailed; or (b) in the case of personal delivery, one (1) day after such notice is received by the other party; or (c) in the case of email, as of the date of the time stamp evidenced on the computer of the sender. In the event of a postal disruption, notices must be given by personal delivery or by email. Unless the parties expressly agree in writing to additional methods of notice, notice under this Agreement may only be provided by the methods contemplated in this Section. 9.07 Electronic Records/Transmittal — the Client and IBI may transmit, and will accept Services related correspondence, documents, text, data, drawings, information, meeting minutes and graphics, in electronic media or digital format, directly, through access to a secure website or through building information model software, in accordance with a mutually agreed protocol and agreement, as applicable, between the Client and IBI. 9.08 Governing Law — The Client and IBI agree that this Agreement and legal actions concerning its validity, interpretation and performance will be governed and interpreted in accordance with the laws of North Carolina and it is further agreed by the parties that any legal action arising under this Agreement will be brought in a court of competent jurisdiction in that jurisdiction. 9.09 Entire Agreement — This Agreement constitutes the entire agreement between the Client and IBI and cancels and supersedes any prior understandings and agreements, whether written or oral. Except as expressly provided in this Agreement, no other terms, conditions or Consulling5ervicesAgreement-IBI Group 8 warranties, express or implied, form a part of this Agreement. Amendments to this Agreement must be in writing and signed by both parties in accordance with Section 1.01. 9.10 Survival of this Agreement — Notwithstanding any amendment, completion or termination of this Agreement, all rights, licenses and waivers granted to the Client and all indemnifications, warranties and representations contained in this Agreement, including those expressly set out in Sections 2.03 (Conflict of Interest), 2.04 (Ethical Standards), 3.05 (Document Retention and Audit), 4.01 (The Client's Confidential Information), 5.04 (Client's Grant of License) and 7.05 (IBI's Obligations on Termination), will survive and will remain in full legal force and effect. 9.11 Successors, Assigns and Beneficiaries — The Client and IBI agree to be bound, as are their respective successors, executors, administrators and legal representatives, in respect of all terms, conditions and obligations pursuant to this Agreement. 9.12 Currency — All references in this Agreement to currency denominations and currency will be in US dollars. 9,13 Agreement Execution — This Agreement may be signed in counterparts and each such counterpart will constitute an original document and such counterparts, taken together, will constitute one and the same instrument. This Agreement may be executed and delivered by electronic transmission and the Client and IBI may rely on such electronic signature as though such were an original signature. 9.14 E-Verify -- IBI shall comply with the requirements of Article 2 of Chapter 64 of the General Statutes. Further, if IBI utilizes a subcontractor, IBI shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the General Statutes. [Signature pages immediately follow.] ConsultingServicesAgreement-IBI Group This Agreement is executed with effect as of the date set out on the first page of this Agreement. CITY OF DUNN By: Name: Title: "This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. (Signature of finance officer). IBI Group Architects, Engineers & Landscape Architects, a New York General Partnership Name: Mark Humienny Title: Associate Principal Name: Steve Lenderman Title: Associate Princi ConsultingServicesAgreement-181 Group 10 Schedule 1— Services. Rates and Schedule Section 1— Scope of the Services: The following is the agreed scope of IBI's professional services (the "Services") under this Agreement: See Exhibit A Section 2 — Payment and Reimbursement for the Services: Fees: See Exhibit A The Client agrees to pay the professional fees and reimbursable expenses, plus applicable taxes, as submitted in accordance with Section 3.03. Under the Agreement, IBI's professional fees are to be established on a Lump Sum Basis and are as follows: Lump Sum: the Client agrees to compensate IBI on a fixed lump sum basis in the amount of: See Exhibit A. Reimbursable expenses will be in addition to professional fees invoiced, as set out below. An Allowance for reasonable anticipated expenses incurred in providing services under this Agreement will be in addition to professional fees invoiced, as set out below. Reimbursable expenses include authorized travel and subsistence outside of the vicinity of the consultants' home offices and the City of Dunn, reproduction and shipping costs of hard -copy documents requested by Client, and outside consultants other than those included in fee proposal. IBI is to obtain written authorization from the Client prior to incurring expenses deemed to be reimbursable. Allowance: $1,000.00 ► Rate Schedule for Change Orders: the Client and IBI agree to use the rate schedule set forth below in the calculation of professional design service change orders: See Exhibit B - Rate Table for Professional Services — 2022. IBI reserves the right to adjust its rate schedule on an annual basis to account for annual wage and/or cost of living adjustments following the first -year anniversary of the date of this Agreement. Section 3 — Schedule for the Services: The schedule for IBI's provision of the Services is as set out below: Refer to Schedule outlined in Exhibit A. ConsultingSewicesftmement-VersioM si-I IB/ Representative: IBI designates the person below as the representative authorized to act on IBI's behalf with respect to the provision of the Services (" IBI's Representative"). Pursuant to Section 9.06 of the Agreement, IBI's Representative will be authorized to receive notices, transmit information and make binding decisions regarding IBI's provision and delivery of the Services. The name, title and contact information of IBI's Representative is: Name: Mark Humienny, AIA LEED AP Title: Associate Principal Address: 421 Fayetteville Street, Suite 1609 Raleigh NC 27601 Email: mark.humienny@ibigroup.com Phone: 919 851-4210 Client Representative: The Client designates the person below as the representative authorized to act on Client's behalf with respect to the provision of the Services ("Client's Representative"). Pursuant to Section 9.06 of the Agreement, Client's Representative will be authorized to receive notices, transmit information and make binding decisions regarding Client's receipt of the Services. The name, title and contact information of Client's Representative is: Name: Title: Address: Email: Phone: ConsultingSewl.sAgreement-Verslon4 S1-2 Schedule 2 — Form of Change Order Form of Change Order The Town of Selma and IBI Group Architects, Engineers & Landscape Architects, a New York General Partnership refer to the Consulting Services Agreement, dated: Month, Day, Year between Town of Selma and and IBI Group Architects, Engineers & Landscape Architects, a New York General Partnership (the "Agreement'). Project Name: Project No: IBI Project Manager: Client Project Manager., Change Order No: Effective Date of Change Order: Change Order to Agreement: The Client and IBI agree to amend the Agreement through this Change Order, as follows: Section 1— Scope of Amendment: The Client and IBI agree to the following changes to the Services pursuant to this Change Order: [Insert the agreed change(s) to the Services or "Not Applicable".] Section 2 — Payment and Reimbursement Amendment: The change in IBI's fee payment, or reimbursable amount(s) as originally set out in Schedule 1 - Services, Rates and Schedule of the Agreement, is as follows: [Set out the agreed change in the fees or reimbursable amounts to be paid/not paid to IBI for the provision of the Services or "Not Applicable".] Section 3 — Schedule Amendment: The change in the scope of the Services described above includes the corresponding change in the schedule for the provision and delivery of the Services, as set out below: [insert the change(s) to the provision of the Services schedule or "Riot Applicable".) Change Order: The defined terms used in this Change Order, have the meaning ascribed to them in the Agreement. The Services, fees and expenses and corresponding schedule are revised as stated above. Except as specifically modified in this Change Order, IBI's provision of the Services under GonsultingServicesAgreement-IBI Group S2-1 the Agreement shall be carried out and executed in accordance with, and subject to, the terms and conditions of the Agreement. Town of Selma Name: Title: Name: Title: IBI Group Architects, Engineers & Landscape Architects, a New York General Partnership Name: Title: Name: Title: ConsultingServicesAgreement-IBIGroup 82-2 EXHIBIT A r� hat GROUP 421 Fayetteville Street —Suite 1609 Raleigh INC I B I el 919 8514211 USA 1 1 ibigroup.com March 31. 2022 Mr. Mathew Boone Assistant City Manager City of Dunn 401 E. Broad Street Dunn, NC 28334 RE: DESIGN FEE PROPOSAL FOR PUBLIC SERVICES COMPLEX PHASE 1 - PROGRAMMING, MASTER PLANNING, CONCEPT DESIGN & BUDGET Dear Mr. Boone: The Design Team of IBI Group Architects, Engineers and Landscape Architects, a New York Partnership (IBI) and WithersRavenel are pleased to present our fee proposal for Phase 1 of the new Public Services Complex. Generally, the Project is for the design of new facilities to house the City's Public Works, Public Utilities and a subset of Parks & Recreation Department space needs, inclusive of a new fleet fueling station. The project site is located on N. McKay Avenue it the City of Dunn, North Carolina, (PIN:1517-71-6247). IBI Group recommends a two phased approach. Phase 1 will be for planning and will document the scope of the project and its associated budget. Phase 2 will finalize the design and construction documents and continue through the construction phase. This fee proposal is for Phase 1. Scope of Services Phase 1 - Plannin Task 1 - Architectural Programming & Space Needs Assessment The architectural programming process will document an in-depth understanding of the operational activities of the users, as well as the space size, characteristics, and adjacencies needed to accommodate them. Task 1.1 - Data Collection & Space Inventory We will obtain relevant data from the City pertaining to the Public Works, Public Utilities and Public Works Departments, including organizational charts, staff listings, and fleet and equipment inventories. We will also tour the City's existing spaces for each department to be housed on site. We will approximate the areas of each relevant space and identify these on the space program for comparative purposes with the projected program needs. Task 1.2 - Programming Kickoff Forum We would start the programming by conducting a forum in a workshop setting to document the project goals including sustainability and procurement objectives. In advance of the forum, the City will identify key project stakeholders to participate in the programming process. Potentially, IBI Group Architects, Engineers and Landscape Architects, a New York Partnership Is a member of the IBI Group of companies IBI GROUP Mr. Mathew Boone — March 31, 2022 each department to be housed on site might have three -to -five representatives, and the City may have several administrative or leadership representatives. The Design Team will then work with these stakeholders to establish the space needs program, that is, the quantitative and qualitative list of the users' needs and wants. Task 1.3 - User Questionnaires We will develop a programming questionnaire specific to the City's operation and user groups. These questionnaires will be distributed to selected individuals, identified by City, who will provide input on administrative, operational, and functional needs for the future facilities. The Design Team will collect and document the responses. Task 1.4 - Stakeholder Programming Interviews We will lead programming interviews with the City's selected stakeholders to review questionnaires and gather additional information required to develop a space needs program. The program can identify both near -term and long-term space needs, so that future expansion plans are considered. Task 1.4 - Space Needs Program Development We will review and analyze information from questionnaires, on -site observations and interviews to develop a comprehensive space needs program for all required maintenance, operations, storage and administrative functions. We will incorporate City space standards, as well as nationwide best practices for maintenance and operations. The program will also estimate exterior site areas required to accommodate proposed vehicle, materials and equipment storage, fleet vehicle staging and private vehicle parking. Task 2 - Site Due Diligence The Design Team will perform site due diligence to determine the legal and physical parameters related to the Project design. We will review the site's physical condition and evaluate its characteristics with regard to topography, drainage, existing utilities and infrastructure, and possible environmental considerations. When evaluating the site, we will consider the following: • Zoning • Integration with existing traffic patterns • Encumbrances, such as easements, buffers and setbacks • Vehicular and pedestrian access points and internal circulation • Existing Structures • Existing Trees Topography • Best Management and Sustainable practices • Impervious surface areas and stormwater management • Security • Compatibility with adjoining properties • Noise and Sight Screening IBI GROUP Mr. Mathew Boone — March 31, 2022 We will obtain publicly available parcel data from Wake County GIS Naps to create a CAD file base plan with developable site area and encumbrances delineated. The resulting base plan will be the deliverable used for site master planning. Task 3 - Site Master Planning We will work with the City to develop the site master plan and building conceptual plans. We propose to use IBI Group's design workshops process, which gives all Project stakeholders, the opportunity to work together and build consensus on project functions, quality and cost. The workshops will require a couple hours from City staff during each work session. Between sessions, the Design Team will synthesize decisions that have been made by the whole team and prepare concept alternatives for the next session. Workshops may either be in person or through a video-conferencing service, such as Teams or Zoom, at the City's discretion. Given the size and scope of this project, we would propose the following framework: Session 1 Three to four different alternative site layouts are developed and shown to the work group. Each alternative is analyzed based on existing site components and access, evaluating ingress and egress routes that maximize safety and security and minimize vehicular and pedestrian conflict, both on and off the site, and developing patterns for future projected growth/ phasing. The internal circulation patterns for vehicles, materials, and personnel are discussed in context of the most efficient, cost effective, and safest operations for each option. Site and functional relationships between administration, operations, vehicle and equipment storage, and maintenance functions in relation to building square footage are key drivers. Everyone provides input on advantages as well as disadvantages for each version. Once the Design Team has everyone's comments, the Team goes back to the drawing board for the initial fine-tuning. Session 2 The Design Team presents two to three different options based on the feedback from the stakeholders in the prior session. These new designs incorporate previous comments and begin to show refined circulation, parking, rough blocking of program spaces, and conceptual site features. Phasing strategies will be discussed in order to establish a master plan that can be implemented in stages as the City's needs change. As in the previous session, the Design Team will listen to the stakeholder's comments and take the concepts back to the drawing board for further refinement. Session 3 The Design Team presents a refined master plan for final discussion and confirmation. Further discussion of the phasing strategies will lead to a plan that offers a framework for the City's growth for the next +/-20-years. With the completion of the conceptual facility master plan, the focus quickly shifts to the development of building plans. During this session, floor plan concepts are presented and discussed. Key considerations include functional area relationships both between departments and between work areas within departments, as well as workflow, supervision and safety. The design is also reviewed for functional response to program and IBI GROUP Mr. Mathew Boone —March 31, 2022 adherence to best practices. The Team will listen to everyone's comments and take the concepts back to the drawing board for further refinements. Session 4 The design team will review building interior options and discuss Sustainable Design options based on tried-and-true concepts, their return on investment and relevance to the City's goals. Understanding the desired sustainable features, equipment needs and inventory strategies at this time will allow us to better benchmark the cost estimate in subsequent tasks. The completion of this task will translate the program elements into a well-defined Public Services Master Plan, suitable for phased future expansions. Task 4 - Conceptual Cost Estimating Task 4.1 — Construction Cost Estimating Conceptual Cost estimating will be a group effort involving IBI Group and WithersRavenel, and our estimating consultant, Mulford Cost Management (MCM). IBI Group will estimate costs unique to maintenance and operations centers, such as vehicle service equipment, shop equipment, wash systems, fluid management systems, etc. WithersRavenel will estimate all site and utility related work. MCM will estimate general building construction costs. The program quantities and current average unit costs will be the basis for cost estimating assumptions. Task 4.2 — Total Project Budget Estimating A Total Project Budget will be developed to identify and prioritize expenditures. The budget will distinguish between "soft" costs and "hard" costs. Soft costs are directly paid by the Owner outside of the construction contract, and typically include design fees, furniture, and equipment as well as specialty vendors for turn -key systems such as security, audio-visual and telecommunications. Hard costs are those costs paid through the construction contract. Task 5 - Final Report and Presentation Task 5.1 - Final Report Development We will use the information developed in all previous phases as a basis for developing the draft report. The draft report will be submitted to the Project stakeholders for review and comment. We will then integrate all review comments and address any outstanding study issues to create the final report. We will then finalize and deliver the final report and associated information. The report will include a promotional graphic rendering illustrating the overall complex at a conceptual design level. Task 5.2 - Final Presentation Presentation of the final report findings, first to the Project stakeholders and, then to the City Council. Deliverables Deliverables will consist of a written report that will include narratives, graphics, lists, and other miscellaneous supporting data, including the following: IBI GROUP Mr. Mathew Boone — March 31, 2022 • Executive summary • Site due diligence narratives and base plan graphic Y Space needs program in spreadsheet format • Recommended site master plan and considered options 6 Site expansion and phasing plan • Overall complex graphic rendering at a conceptual design level. • Total project budget worksheet with opinion of probable construction cost • Questionnaire responses • Other associated data Proposed Schedule Task 1 Architectural Programming: Approximately four weeks after notice to proceed* Task 2 Site Due Diligence: Concurrent with Task 1 Task 3 Site Master Planning: Approximately two weeks after completing Tasks 1 and 2 Task 4 Conceptual Cost Estimating: Approximately two weeks after completing Task 3 Task 5 Final ReportApproximately two weeks after Task 4 Phase 1 Total Duration: Approximately ten weeks *Note that the proposed schedule is dependent on availability and participation of the City stakeholders. Assumptions 1. The Programming and Space Needs Assessment will be for the Public Works, Public Utilities Departments, inclusive of a subset of Parks & Recreation staff. 2. The proposed schedule is based on Programming interviews with all City stakeholders occurring during a single week and no more than two full days. 3. The City will provide the following: a. A complete listing of all vehicles and mobile equipment to be housed, fueled and/or maintained on site. b. A current organizational chart of each department to be housed on site. c. A current listing of staff in each department to be housed on site. d. Any drawings, surveys or other documents pertaining to the site and existing facilities. 4. Design Team will rely on the City to provide general information on population projections, service area expansion, and development patterns impacting future growth. Exclusions 1. Geotechnical engineering, Subsurface Utility Engineering, Utility location services. 2. Topographic and/or Boundary surveying and/or Plats. 3. Services related to existing hazardous materials, including environmental assessments. 4 Inventory of existing vehicles -or equipment. 5. Delineation of specific building floor plans, other than conceptual building plans. 6. Programming for City departments not located on the Project site. I01 GROUP Mr. Mathew Boone — March 31, 2022 Design Team IBI Group: Project Management, Architectural Programming, Conceptual Design, Master Planning and Reporting. Project Manager: Mark Humienny, AIA, LEED AP and Project Director: Ole Ferm, RA 421 Fayetteville Street, Suite 1609 Raleigh, NC 27601 WithersRavenel: Site Due Diligence, Conceptual Civil Engineering, and Site Construction Cost Estimating. Site Design Lead: Jason Bertoncino, PE and Project Manager: Daryl Riggins, PE 115 MacKenan Drive Cary, NC 27511 Mulford Cost Management: Building Construction Cost Estimating. Estimator: Stewart Mulford, CPE, CCE 1121 Military Cutoff Road, Suite C317 Wilmington, NC 28405 Compensation IBI Group will provide the design services described above for the lump sum fees indicated below, inclusive of reasonably anticipated project expenses. Task 1 Architectural Programming & Space Needs Assessment: ...... $14,500 Task 2 Site Due Diligence: ..... ..................................... ......... $5,000 Task 3 Site Master Planning: ..................................................$38,500 Task 4 Conceptual Cost Estimating: .. .................................. .....$8,000 Task 5 - Final Report & Presentations' ................. $13 000 Total Lump Sum Fee ............................... ................................ $79,000 Authorization You may authorize IBI Group to begin work by written authorization referencing this proposal. Thank you for this opportunity. We very much look forward to working with the City of Dunn to realize this critical project. Yours very truly, Mark Humienny, AIA, LEED P Associate Principal, Civic, Ar ' ecture mark hum ienny(c)ibigroup.com (919)851-4210 J. Ola Farm Assoclat6'Director, Raleigh Office Lead ola.ferm(a ibigroup.com (919)851-4281 r"= MI GROUP 421 Fayetteville St. —Suite 1609 ' I tel N1 27601 USA 1 B 1 Iblgroup.com Hourly Billing Rate by Personnel Classification: Rate Schedule for Professional Services - 2022 A. Principal................................................................................................................................................ $200.00 B. Associate Principal/Project Manager/Department Manager.............................................................. $175.00 C. Senior Architect.................................................................................................................................. $ 120.00 D. Architect............................................................................................................................................... $110.00 E. Intern Architect...................................................................................................................................... $95.00 F. Interior Designer.................................................................................................................................. $100.00 G. Senior Engineer.............................................................. .......... ................ .......................................... $165.00 H. Engineer .......................... ..................................................................................................... ...... ......... $125.00 I. Intern Engineer.................................................................................................................................... $100.00 JBIM / CADD Designer............................................................................................................................ $85.00 K. Project Secretary ................................................................................................................................... $60.00 Reimbursable Expenses A. Automobile, Company or Personal Car ...................... ........ .......... ............................. $0.58.5 per mile B. Travel, subsistence, postage.................................................................................................................at cost C. Outside Consultants....................................................................................................................... cost + 15% D. Reproduction of Hard Copy Deliverables ............................................ .......................... cost+ 10% (Internal copies not charged) Note: This schedule of rates is subject to annual adjustment in accordance with wage and cost -of -living increases. u U40 R 40 WithersRavenel Qur People. Your Surt�ss. March 25, 2022 Mark Humienny, Associate Principal, Civic, Buildings IBI Group 421 Fayetteville Street, Suite 1609 Raleigh, NC 27601 RE: Proposal for Professional Services City of Dunn Public Services Complex Dunn, North Carolina WithersRavenel Project No. 02211398.00 Dear Mr. Humienny, WithersRavenel, Inc. is pleased to provide this proposal to IBI Group for consulting services. The project encompasses one (1) parcel totaling approximately 8.32 acres and is described as Harnett County, NC PIN: 1517-71-6247. We look forward to collaborating with you on this project, Please feel free to contact me with any questions and/or to discuss any aspect of the attached proposal. My contact information is below. Sincerely, WithersRavenel Daryl Riggins, PE Director - Facilities, Land Development drisRins Cawithersravenel.corn Ph. 919.469.3340 1 Direct. 919.238.0306 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340 1 f: 919.467.6008 1 www.withersravenel.com I License No. F-1479 Asheville I Cary I Greensboro I Pittsboro I Raleigh I Southern Pines I Wilmington WithersRavenel lipbur People. Your Suca+ra. North . • lina A. Project Description This fee proposal is intended to provide the scope of services and associated fees to provide consulting services per request of IBI Group and formalize an agreement for the implementation and logistics for these services. Generally, the proposed scope below is intended to provide civil engineering support to IBI Group for the City of Dunn Public Services Complex. This proposal is based on the project site located off of N. McKay Ave, in Harnett County, Dunn, North Carolina. Listed below is a summary of several key aspects of the project based on our discussions, preliminary research, and Exhibit III. Refer to the Scope of Services and Additional Services/Exclusions for further detailed information. f The scope of services will be provided in two phases. This agreement is for Phase 1 only, which consists of programming/space needs analysis, site due diligence analysis, conceptual plans development, preliminary engineering, a construction cost estimate, and presentation to City Council. All other services will be provided in a subsequent phase; V The subject property is zoned 1-100 which is appropriate for the uses specified, therefore no rezoning efforts are anticipated with this project; b Environmental site constraints are not known for this parcel and environmental services are not included in this project phase; f A traffic study is assumed to not be required and is not included. For the purposes of this proposal and any subsequent agreements the following references shall apply P IBI Group shall be known as the "Client"; WithersRavenel shall be known as the "Consultant"; The property and overall project shall be known as the "Project"; Dunn shall be known as "City"; Harnett County shall be known as "County"; The executed proposal shall be known as the "Agreement". f The following agency references also apply: North Carolina Department of Transportation shall be known as "NCDOT"; US Army Corps of Engineers shall be known as "USACE"; North Carolina Department of Environmental Quality shall be known as "NCDEQ". B. Timeline for Services WithersRavenel will begin work within 4 weeks upon receipt of this executed Agreement and written notice to proceed from the Client. Estimated timeframe(s) for the basis of the services described in the Scope of Services are shown below. P Task 2 Due Diligence: Estimated 1 week; b Task 3 Site Master Planning: Estimated 2 weeks after completion of Task 2; & Task 4 Conceptual Cost Estimating: Estimated 2 weeks after completion of Task 3; k Task 5 Final Report & Presentation: Estimated 2 weeks after completion of Task 4. The above estimated timeframe(s) may be impacted by, among other things: © Timeliness and additional permit and/or plan reviews of review agencies; City of Dunn Public Services Complex WR Project No. 02211398.00 March 25, 2022 Page 12 40 WithersRaverie( lipour people. Yom Sacwss. Timeliness and accuracy of information provided by the Client, Architect, and other Client consultants. Timeframe through construction will vary based on: B The Client's schedule; 6 Client and/or Agencies requesting additional work. From the above and factoring in variability in the approval process, we estimate the total project timeframe for the Scope of Services to be 10 Weeks. If available, opportunities to adjust these estimated timeframes can be discussed. Implementation of agreed - upon adjustments may result in adjustments to WithersRavenel fees. Certain tasks, such as reviews and approvals, are performed by third parties, including governmental agencies, over which neither Client nor WithersRavenel have control or responsibility. As such, neither party is responsible for delays or the resulting cost impacts caused by third parties. C. Scope of Services WithersRavenel shall provide the services identified under each task below as its "Basic Services" under the Agreement: 'ask 1. Architectural Programs -Ting & Space Needs Assessn-ient I.J. Project Management and Kick -Off Meeting WithersRavenel shall provide coordination and communication efforts for items relating to the Project that are not specifically covered in separate tasks outlined in the scope with specific items shown below: ® Attend project kick-off meeting with the Client and Owner; 6 Conference calls and emails with Client, Architect, sub -consultants, and/or builder or contractor, as required (estimated 0.5 hour per week through the 2.5 months of design); Manage internal project processes, communication, and resources during process through design as noted in the Scope of Services. -Note - All meetings include one (1) WR attendee unless otherwise noted. Tisk 2, Site Clue Diligence 2.1. Due Diligence WithersRavenel will perform the following services as part of this task: L Preliminary Zoning and Land Use research: Review City of Dunn Zoning Map and Comprehensive Plan documents to verify current zoning district and long-range plan designations; Compare Client's desired development goals with current zoning designation and allowable uses to determine potential for need for Rezoning and Comprehensive Plan Amendment; ® Review applicable development standards such as minimum lot sizes, buffers, and setbacks; Review of applicable Stormwater Management requirements and the way such requirements may affect the site design and layout; * Review regional Transportation/Thoroughfare Plan guidance documents to identify applicable considerations or constraints of planned roadway extensions or new alignments within the project area; City of Dunn Public Services Complex WR Project No. 02211398.00 March 25, 2022 Page 13 NO VVithersRavenet Oor P@opte. Vour 5u¢Ass. Review City of Dunn greenway master plan to determine if there are planned greenway trail extensions through the property. f Preliminary Utility research: m Review available GIS information and published maps to identify locations and sizes of adjacent and nearby public water, sewer and/or reclaimed water systems; • Request additional map or location information from City of Dunn for water, sewer and/or reclaimed water locations that may not be available via published mapping sources; • Research potential availability for reimbursement or developer agreements relative to anticipated offsite extensions and/or oversizing of utilities. Preliminary Stream, Floodplain & Wetlands Review: • Review Harnett County Soil Survey maps, USGS maps and GIS topographic information to identify approximate locations of streams and drainage features potentially subject to local and/or state buffers; • Review FEMA floodplain maps to identify areas within regulated floodplain areas within the project limits; • Review National Wetlands Inventory maps for approximate location of potential wetland areas; • Review existing topography per available City of Dunn, Harnett County, and any existing conditions surveys. E= Preliminary GIS Base Map: Compile preliminary CAD base maps of project area utilizing GIS data including parcels, roadways, topography, utilities, and aerial images; ® Research and review recorded plats and deeds of record; Illustrate approximate and/or potential extent of streams, stream buffers, floodplains, easements, and other similar features. f Developable Area Exhibit: Create an exhibit illustrating areas of the proposed project site that are developable; Compile a written summary of due -diligence notes, findings, maps, and commentary based on the items outlined in this Task for Client review. 2.2. Stormwater Due Diligence WithersRavenel will provide stormwater due diligence for the property to include the following: ® Review current property data and proposed development design drawings received from the Owner; f Review applicable stormwater ordinances; Preliminarily assess effects of proposed improvement and potential stormwater requirements; @ Prepare memorandum summarizing findings. Task 3. Site Master Planning 3.1. Conceptual Layouts WithersRavenel shall perform the following services associated with developing a Master Land Use Plan for the Project. This task includes: Review City of Dunn and Harnett County plans, zoning code and other information necessary to gain a basis for design for the concept plans; City of Dunn Public Services Complex WR Project No. 02211398.00 March 25, 2022 Page 14 40 WithersRavenel moOur 1",rJA t. You, b In preparation for Session 1 of the design charette meetings, create up to 4 hand -drawn conceptual layouts (sketches) for review by Client. Concept plans will include proposed building footprints, parking areas, road network and open space and buffers; b Based upon feedback received in Session 1, WR will revise the conceptual layouts and create up to 3 additional layout for use in Session 2; ® Based upon feedback received in Session 2, WR will revise the conceptual layout and create one final layout for use in Session 3; b Upon Client approval and review, the final conceptual plan will be converted into CAD drawings for further development into the site plan. 3.2. Design Charettes WithersRavenel will participate in four (4) in -person design charette meetings, anticipated to be 4-hours each, in -person, and with one WR representative. Task 4. COnCepttlal Cost Estimating 4.1. Preliminary Engineering WithersRavenel will use the current client approved conceptual layout/due diligence from other tasks based on adjustments to accommodate Client's desired product size and configuration on an updated base sheet with latest survey information. This task includes: ® Preliminary design of building placement, parking, vehicular and pedestrian travelways, water, sewer, and storm sewer utility layout; b Preliminary storm water SCM layout(s) (calculation work done in other Tasks); b Conceptual designation of roadway connection improvements; b Preliminary Mass Grading Study for the site, and designation of anticipated limits of disturbance; D Preliminary Earthwork Takeoff (1 iteration); N Preliminary estimate of Open Space and Tree Conservation requirements; b Schedule and attend a Review Committee meeting with the City of Dunn development review staff. 4.2. Conceptual Cost Estimate WithersRavenel will develop a construction cost estimate based on design developed through Preliminary Engineering. The estimate will include site/civil related elements such as earthwork, paving, sewer, water, and stormwater infrastructure. Task 5. Final Report & Presentation 5.1. Due Diligence Narrative WithersRavenel will provide one (1) written narrative summarizing due diligence findings for this project. 5.2. City Council Presentation WithersRavenel will participate in the final presentation of this project to City Council. This meeting is anticipated to be 2-hours. in -person, and with one WR representative. City of Dunn Public Services Complex WR Project No. 02211398.00 March 25, 2022 Page 15 40 WithersRavenel Our Fio��le. Your Succ�i, D. Exclusions/Additional Services Services that are not included in Section C or are specifically excluded from this Agreement (see below) shall be considered Additional Services if those services can be performed by WithersRavenel and its agents if requested in writing by the Client and accepted by WithersRavenel. The following list is not all inclusive and the Scope of Services defines the services to be provided by WithersRavenel for this project. Additional services shall be paid by the Client in accordance with the Fee & Expense Schedule outlined in Exhibit II. The exclusions are described below but are not limited to the following: Planning/Studies f Land Planning services other than listed above; G Entitlement services; 6 Variance and Quasi -Judicial processes; F Off -site Sewer Analysis; t Traffic Impact Analysis; t Signalization Studies; L Hydrant flow determination and hydraulic analyses; V Existing sewer hydraulic analyses; h Town or regulatory approvals; L Special & Conditional Use Permits; Project Management & Additional Meetings/Site Visits; & Adjacent property owner discussions; ® Neighborhood meetings; b Attendance at formal regulatory meetings unless noted above; Services by Others f Geotechnical services; � Architectural and MEP services; 6 Structural Services; t Arborist/Registered Forester Services; Environmental Services 6 Historic Resources Survey; Endangered Species' Habitat survey; b Wetland Delineations; I> Wetland/Buffer Determinations; F Phase I & II ESA's; Geomatics Services f Annexation Plats; Boundary/Topographic Surveys; Tree survey/cover report by Registered Forester; C Subsurface Utility Engineering (SUE); f Surveys for off -site improvements; 6 Platting services; 6 Plot Plans; L ALTA Surveys; 4 Construction staking; a Building staking; As -built (record drawing) surveys; f Easements, Easement/ROW Plats; Design Services b Off -site improvements; ® Offsite utility or road improvements; 6 Pump Station design and permitting; b Forcemain design and permitting; ® Reclaim waterline design; LEED certification coordination; Pavement design; k Structural/foundation design and certification; & Greenway bridge design & permitting; ® Boardwalk design & permitting; E Signal design; ® Dumpster enclosure details; ® Grease trap design; P On -site water/sewer design; F Equipment Selections/Design; N Design associated with Amenity Site; k Site Lighting is limited to fixture selection, electrical engineering not included; Documents/Drawings Schematic Drawings as typically defined in the architectural industry; V Site Plans; I> Construction Drawings; F Technical specifications; F Contract documents; V Record (As -Built) Plans; Permitting Services b Building permits and associated work; ® Erosion Control permits; ® Water/Sewer permits; 401/404 permitting; F Floodplain Development permit; f NCDOT permitting; ® Sign permitting; Landscape Architecture Services D Landscape layout and design; F Irrigation design; b Hardscape design; L Enhanced landscape design beyond minimum requirements; City of Dunn Public Services Complex March 25, 2022 WR Project No. 02211398.00 Page 16 40 VU'ithersRavenet lipO,ir P,enplc+. Yotn Suer. Entrance/signagefeature design; V Water feature and/or pool design; Renderings; V Park improvements; V Public art design or commissioning; Stormwater Services Stormwater Management Plan; Stormwater Pollution Prevention Plan (SPPP) update or revision; Secondary containment designs; SCM design; Culvert design; Dam inspection, engineering, or analysis; Dam breach analysis; Flood studies, floodplain permitting or coordination with FEMA (such as for a LOMR-F, CLOMR/LOMR, etc.); Soil investigations (such as Seasonal high- water table determinations; Soil Media Mix Testing and Gradation Certification; Downstream impact analysis; Nutrient calculations; Peak flow analysis; SCM conversion; Services During Construction V Engineer's Opinion of Costs; E. Client Responsibilities b Bidding/negotiation services; V Pay application reviews; V Change order reviews; V Shop Drawing review; V RFI's during bidding; V Construction administration; V Construction management; V Dry utility coordination/design; V NPDES monitoring/reporting; V Loan draw certifications; V Bonds and Bond Estimates; V Record drawings/as-builts; V Engineer Certifications; V O&M/SWMP Manuals; Offsite/Specialty V Development agreements; F Utility allocation agreements; V Preparation of electronic file suitable for GPS machine control; V Expert witnesses; General V All plan submittal, review, or permitting fees; V Any work previously provided in other proposals; V Any other services not specifically listed within Section C. The following items will be provided by the Client and WithersRavenel will rely upon the accuracy and completeness of this information: V General: Provide representative for communications and decisions; ® Coordination and designation of a primary contact for architect, contractor, and other consultants engaged by the Client; ® Preferred media platforms for communications with the Client; Provide in writing, any information as to Client's requirements for design; Provide any information needed to complete the Project not specifically addressed in the Scope of Services; Provide all available information pertinent to the Project, including any CIS information, reports, maps, drawings, and any other data relative to the Project; Examine all proposals, reports, sketches, estimates and other documents presented by the Consultant and render in writing decisions pertaining thereto within a reasonable period so as not to delay the services of the Consultant; Give prompt written notice to Consultant whenever Client observes or otherwise becomes aware of any defect in the Project or the services of Consultant; Attend Town or City meetings as required/needed; ® Provide access to property for Consultant and subconsultants; City of Dunn Public Services Complex WR Project No. 02211398.00 March 25, 2022 Page 17 40 WithersRavenel Oar Penple. Yuur Succes„ Discussions/negotiations with adjacent landowners; ® Acquire all off -site utility and/or construction easements required for this Project; m Manage and coordinate the work of any subconsultants/subcontractors that are not directly subcontracted through the Consultant; All submittal, review, or permitting fees associated with the Project; o Any legal representation requiring an attorney at law. F. Compensation for Services WithersRavenel proposes to provide the Basic Services outlined in Section C on a lump sum or hourly basis with budgets as shown below plus reimbursable expenses in accordance with Exhibit II. The amounts set forth below have been determined based on the nature, scope and complexity of the Project as represented in the information provided to WithersRavenel by Client prior to submittal of this proposal; subsequent changes thereto may result in additional fees. 0 Architectural Programming & Space Needs Assessment I $1300 Task 1 Task 2 Site Due Diligence $4,700 2.1 Due Diligence 2.2 Stormwater Due Diligence Task 3 Site Master Planning $13000 3.1 Conceptual Layouts 3.2 Design CFarettes Task 4 Conceptual Cost Estimating $3,300 4.1 Preliminary Engineering 4.2 Conceptual Cost Estimate _ Task 5 Final Report & Presentation $2 100 5.1 Due Diligence Narrative 5.2 _ 1 City Council Presentation Total $24,400 (Hourly) Denotes hourly tasks. The fee budgets represented with hourly tasks are good faith estimates of what can be reasonably expected during the performance of this contract. Invoices will be issued monthly, based on the percentage of completion for each lump sum task and the hourly rate for WithersRavenel personnel in accordance with Exhibit II for hourly tasks, as accomplished during the billing period. Payment is due upon receipt of invoice. The above fees are based on the estimated timelines noted in Section B. Any adjustments to those timelines may result in additional fees. Consultant may alter the distribution of compensation between individual Tasks noted herein to be consistent with services rendered but shall not exceed the total Lump Sum amount unless approved in writing by the Client. The attached Exhibit II, Fee & Expense Schedule, is based on Consultant's rates as of the date of this proposal and may be subject to change for hourly tasks and any Additional Services that occur after any adjustments to such rates go into effect. City of Dunn Public Services Complex WR Project No. 02211398.00 March 25, 2022 P a g e 18 410 VViLhersRavenel Oar P�*apte. Vaur Si¢tes5. G. Acceptance This proposal is valid 60 days from the date it is transmitted to Client. Receipt of an executed copy of this proposal will serve as the written Agreement between WithersRavenel and IBI Group. All Exhibits identified after the signature blocks below, including the Standard Terms and Conditions (Exhibit 1) and the Fee & Expense Schedule (Exhibit II), are incorporated herein and are integral parts of the Agreement. OFFERED BY: WithersRavenel March 25, 2022 Signature Date Daryl Riggins, PE Name Director - Facilities Title &(C March 25, 2022 Signature I Date Tucker McKenzie, PE Name Director - Site/Civil Title Attachments: Exhibit I- Standard Terms and Conditions Exhibit II- Fee & Expense Schedule /eT40111 i111110W IBI Group Signature Date Mark Humienny Name Associate Principal, Civic Buildings Title City of Dunn Public Services Complex WR Project No. 02211398.00 March 25, 2022 Page 19 410 WithersRavenO Our People. Your Success, EXHIBIT If Fee & Expense Schedule 11. 'k.ice'' >'"'a's." Client Ex erlence Manager $ 209 Assistant Pro ect Mana er $ 161 Pro ect Mana er $ 177 Senior Project Manager $ 193 Princl al $ 225 Intern I $ 60 Intern 11 $ 80 CAD Technician) $ 96 CAD Technician If $ 107 Senior CAD Technician $ 128 Designer 1 $ 123 Designer II $ 134 Senior Designer $ 155 Project Coordinator 1 $ 91 Pro ect Coordinator If $ 102 Project Coordinator III $ 112 Senior Pro ect Coordinator $ 118 Project Coordinator Team Leader $ 134 Project Engineer 1 $ 150 Project Engineer II $ 161 Project Engineer III $ 177 Staff Professional 1 $ 86 Staff Professional II $ 128 Staff Professional III $ 139 Staff Professional IV $ 171 Senlor Staff Professional 166 Senior Project En ineer _$ $ 193 Senior Technical Consultant $ 209 ZoningSpecialist $ 246 Construction Manager 1 $ 139 Construction Manager If $ 150 Senior Construction Manager $ 171 Resident Pro ect Re resentative $ 86 Resident Project Representative II $ 102 Resident Project Representative III $ 118 Senior Resident Project Representative $ 128 Administrative Assistant $ 54 Office Administration $ 59 Administrative Assistant l $ 70 Administrative Assistant ll Administrative Assistant 111 Director of Marketing Marketln Administration II Marketln Administration I fl$107 Office Administrator 1 Office Administrator II OfficeAdministrator 111 sWOMEN==yJME Environmental Tech l $ 90 Environmental Tech II $ 100 Senior Environmental Tech $ 120 Environmental Geolo Geologist 1 $ 110 Environmental Geolo ist II $ 125 Environmental Geolo Geologist III $ 135 Project Geolo Ist1 $ 145 Project Geologist II $ 155 Pro ect Geolo ist Ill $ 165 Sr. Environmental Project Geologist $ 180 Environmental Scientist I $ 110 Environmental Scientist it $ 125 Environmental Scientist III $ 135 Environmental Project Scientist l $ 145 Environmental Project Scientist II $ 155 Environmental Project Scientist III $ 165 Sr. Environmental Pro ect Scientist $ 180 Environmental Professional 1 $ 110 Environmental Professional II $ 125 Environmental Professional III $ 135 Environmental Pro ect Engineer 1 $ 145 Environmental Protect En ineer II $ 155 Environmental Project Engineer III $ 165 Sr. EnvironmLProjectect En ineer $ 180Environmentnt PM $ 155EnvlronmentMana er $ 165Envlronmentect Manager $ 175Environmentnical Consultant $ 205Environment $ 225 Landscape Architect 1 $ 139 Landscape Architect ll $ 150 Landscape Architect 111 $ 166 Landsca a Desl ner I $ 118 Landsca a Desi ner II $ 128 Planner 1 $ 112 Planner II $ 128 Planner III $ 150 Planning Technician $ 102 Senior Landscape Architect $ 182 Senior Planner $ 171 Bond Prints (Per Sheet) $ 1.75 M lar Prints (Per Sheet) $ 11.00 Mileage Per IRS Deliver -Pro ed SpeciFlc (Distance & Priorit ) Subcontractor Fees (Mark.) 1.11 Expenses / Re rod. / Permits (Mark.) L 1.15 Effective January 1, 2022 - Schedule is subject to change Engineers I Planners I Surveyors Mulford Cost Management, LLC Professional Construction Cost Management Services March 161, 2022 Marls Humienny Associate Principal, Civic, Buildings IBI Group 421 Fayetteville Street, Suite 1609 Raleigh, NC 27601 Dear Mark, Re: City of Dunn Public Services Complex -Cost Estimating Services Thank you for the opportunity to provide cost estimating services on the proposed City of Dunn Public Services Complex. We are pleased to offer the following: Opinion of Probable Cost at Programming Stage $3,000 We will estimate the construction cost of the proposed buildings in as much detail as can be determined. The civil estimate is by the Civil Engineer, however, we will review this estimate and provide comment, as necessary. We will present a draft cost report for your review. After your review we will make any appropriate adjustments and will issue a final document for your use. We look forward to collaborating with you on this project. Sincerely President, Mulford Cost Management, LLC 1121 Military Cutoff Road, Suite C317, Wilmington, North Carolina 28405 Tel: (910) 512-7233, Email: stewart@mcmestimating.com QCITY 01: DUNN NOR'ftl ":t' ROLINA Meeting Date: April 12, 2022 Commun Assistant CAC Puro ppearance Committee Manager Boone Report and Roster JAI Review PURPOSE: This committee was established as a temporary committee, to be evaluated by Council to determine if they would like the committee to continue or recommend dissolving. If council recommends the continuance of the Community Appearance Committee (CAC), they'll need to determine any changes to be made and establish. We have already started advertising for Advisory Board vacancies and some have selected CAC as an option. If the CAC should continue, terms and term limits should be established in order to give others a chance to serve. BACKGROUND: The Community Appearance Committee was established in 2020 to provide input to City Council and management; study and make recommendations on improving the overall appearance of the City; coordinate, initiate and promote City-wide beautification programs and projects while encouraging community participation. This committee is to serve at the discretion of the City Council and meet as needed with all appointments for one year. After the establishment and efforts of this committee, Council is to evaluate and determine if any changes need to be made for the continuation of this committee. BUDGET IMPACT: If Council decides to continue CAC; A motion to set staggered terms of 2-years with first term beginning 2020 and to stagger current members first term with 4 to end 06-30-2022 and 4 to end 06-30-2024 to be randomly selected and limited to 2 terms with at least one year before reappointment as well as ex-officio organization recommendations to be approved annually by Council. Community Appearance Committee Update The committee was charged with the following duties: The committee will provide input to the Council and management; study and make recommendations on improving the overall appearance of the City; coordinate, initiate and promote City-wide beautification programs and projects while encouraging community participation. Duties: • to initiate, promote, and assist in the implementation and development of City-wide beautification programs to include community participation; • to seek to coordinate the activities of individuals, agencies and organizations, public and private, whose plans, activities and programs impact the appearance of the City; • to study and make recommendations to the Council on improving the overall appearance of the City to include, but not limited to: cemeteries, parks and open spaces; • to provide input and assistance to staff in the planting and maintenance of trees and other vegetation as these plantings are incorporated into the City's budget; and • to provide input, guidance and assistance in the development of projects related to the appearance of the City, as needed and requested by Council and Management. First Meeting was held In October 2020. Meetings: Second Monday night at 6:00 p.m. in Council Chambers Identified a list of possible priorities for CAC and committee decided to prioritize: 1 - Cemeteries Clean Up • Partnered with the City of Dunn to support efforts to follow the established guidelines and clean up the city's cemeteries. • Coordinated and held a Grave Stone Preservation Cleaning Workshop with over 30 participants. 2 - Community Clean Up • Coordinated a Spring Litter Sweep, initially set for April 24, 2021 but rescheduled due to the threat of bad weather. Had many sign up that could not make the new date, May 8th but still had 35 volunteers participate in the litter sweep. We appreciate the Council's assistance in selecting locations in your ward for the clean-up. • City Administration and Finance as well as Public Works coordinated clean-up days in support of the Litter Sweep and encouraged other businesses and organizations to coordinate with CAC offering supplies and support. • Coordinated a Fall Litter Sweep for October 30rh. Unfortunately, we had a lowturnout with only 9 volunteers but we worked really hard picking up wet trash. • This year's Spring Litter Sweep has been set for April 23, 2022. 3 - Anti -Litter Campaign Selected a slogan "EveryLitterBitHurts" and have coordinated efforts in conjunction with the Keep Harnett Beautiful campaign. Shared several posts and information on Reporting a Litterbug, Littering is illegal, encouraging people notto litter and promoting Cleaning Your Curb and keeping Storm Drains Clean of Debris. Committee felt need for a detailed listing of city contacts for various issues and complaints, so a Services Directory was established and has been posted on social media and web site. 4 - Murals/Visual Arts • Bottle Cap Art has been coordinated for and should be placed at the Dunn Library soon. • Allocated a portion of the CAC funding for a grant to assist with this project. • Promoted recruitment of businesses willing to have a mural (4 responses). • Developed an application which has been sent backto those interested and promoted once again and Promoted via Facebook, Newspaper and Website. (Received 7 applications) • Recommendations were made and approved by Council at the March meeting with grants awarded to Heart & Hammer Tattoo - $6,500 and Carlie C's IGA, Cumberland St - $5,000 CAC has also started a list for Eagle Scout or other community projects for when the city is contacted in reference to possible projects. Recommendation Committee members have been very frustrated with the amount of litter on our city streets and would really like to see the City commit funds for staffing to handle trash pickup throughout the year as so much litter impacts our city in such a negative way. Submitted by, Meredith Bradham, Chairman City of Dunn Community Appearance Committee The Beautification Committee will serve as an advisory board to the City Council in providing leadership and guidance on programs and projects to improve the City's overall appearance and image. The committee will provide input to the Council and management; study and make recommendations on improving the overall appearance of the City; coordinate, initiate and promote City-wide beautification programs and projects while encouraging community participation. Duties: - to initiate, promote, and assist in the implementation and development of City-wide beautification programs to include community participation; - to seek to coordinate the activities of individuals, agencies and organizations, public and private, whose plans, activities and programs impact the appearance of the City; - to study and make recommendations to the Council on improving the overall appearance of the City to include, but not limited to: cemeteries, parks and open spaces; - to provide input and assistance to staff in the planting and maintenance of trees and other vegetation as these plantings are incorporated into the City's budget; and - to provide input, guidance and assistance in the development of projects related to the appearance of the City, as needed and requested by Council and Management. Committee Organization: Committee should include members of the community with interest in the overall appearance and image of the City with up to i 1 members as follows: 1 — Chamber of Commerce representative 2 — Officer/Member from local Garden Club 3 — City of Dunn staff person assigned by the City Manager 4 — 8 additional members Effort should also be given to include individuals who have had special training or experience in a design field, such as architecture, landscape design, horticulture, or a closely related field. This committee will serve at the discretion of the City Council and meet as needed. All appointments will be for one-year. After the committee has been established and working for a period of one year, this committee will be reevaluated by the Council to determine if any changes need to be made for the continuation of this committee. Applications are available on the City of Dunn Website: www.cityofdunn.org or by contacting the City Clerk at 910-230-3500 or twillianis@dunn-nc.org. d" I T Y r0F DUNN NORTH C A R L I N A City Council Agenda Item Meeting Date: April 12, 2022 PARTF Grant Application Parks and Recreation Director McNeill Yes PURPOSE: To acquire funding assistance for Clarence Lee Tart Park Renovation. PARTF grant is the same state funded grant program used to assist in the funding of the recent phase 1 renovation of Tart Park. This application is to go towards a grant in the amount of $200,000 to assist with minor improvements of Tart Park. This will include renovating two (2) current playgrounds and one (1) picnic shelter. BACKGROUND: The North Carolina Parks and Recreation Trust Fund (PARTF) is a state funded grant program for land acquisition and development for parks. PARTF is the primary source of funding to build and renovate facilities throughout North Carolina. PARTF program provides dollar -for -dollar grants to local governments. Recipients use the grant to acquire land and/or to develop park and recreation projects that serve the general public. Past PARTF project include Tart Park, Tyler Park and P.K. Vyas Recreation Center. BUDGET IMPACT: Project budget $400,000 PARTF Grant: $200,000 City Match: $200,000 Loan Payments FY 23124: $42,000 FY 24/25: $42,000 FY 25/26: $42,000 FY 26/27: $42,000 FY 27/28: $42,000 Motion to grant City Manager authorization to submit PARTF application by the May 2, 2022 deadline as presented. ,t Donated in the 1990s Purchased 1999 Tart Park Picnic Shelter Applicant: City of Dunn Project Costs continued Project Costs Project Name: Tart Park Improvements - Phase 2 Bonding andlor Renovating Costs Playground #1 (play structure and accessible surfacing) 1 $150,000 Picnic shelter (2 grills, tables, and trash receptacles) renovation 1 $120,000 Playground #2 (play structure and accessible surfacing) 1 $30,000 Sidewalk 1 $10,000 Landscaping 1 $20,000 Cost to Build or Renovate; $330,000'. Contingency for the Cost of Building / Renovating Contingency (not to exceed5% or$50,000 of the cost to build, whicheveris less) 5% $20,000 Land Value (indicate purchase or donation) Land Acquisition ❑ Purchase ❑ Donation Planning and Incidental Land Acquisition Costs Construction management, site planning, preliminary design, survey and appraisals, or the cost of preparing the application (not toexceed20%or $200,000 of the cost of the project, whichever is less) 12.5% $50,000 Total Project Cost: $400,000 Total PARTF Grant Request: $200,000 Total Local Match: $200,000 13 CIT c` OF DUNN NOR.t.H C/°,teOLINA Meeting Date: April 12, 2022 SUBJECT TITLE Request for Proposals for Copiers PRESENTERIDEPARTMENT Jim Roberts/Finance Director I ATTACHMENT(SI I N/A PURPOSE: The current copier contract for the city will expire this August so it is time to request new proposals for this service. BACKGROUND: The City's copier contract program will end on August 31, 2022. This has been a 5-year contract with Office Value of Dunn, providing Lanier equipment, and covers approximately 13 multifunction machines. Our current proposal is for a guarantee of 30,000 black and white (B&W) copies and 10,000 color copies per month. The cost per B&W copy is $.0148 per copy and Color is $.058 per copy. We currently pay about $1,200 per month for copies across the City. All labor costs, direct and indirect, have been determined and included in the price we pay. BUDGET IMPACT: This proposal will solidify our copy needs for the next five years and will be included in budget proposals for that same timeframe. Motion to approve the request to receive proposals for a new 5-year copy with new rates to be included in the 2022-2023 budget. CITY 0tDUNN NORTH E..%= R O L I N A City Council Agenda Item Meeting Date: April 12, 2022 Borrowing for Water Lines S. Elm and E. Jim Roberts/Finance Department—'\41F Truist Bank N/A and PURPOSE: The City Water and Sewer Department is replacing the 12-inch water line on S. Elm Avenue from Cumberland to Bay Street and the 12-inch water line on E. Bay Street from Elm to Magnolia Avenue. We received 6 bids for the project with the low bidder being selected, Corbett Contracting out of Selma, NC. BACKGROUND: The City received 2 proposals for this loan and the banks provided a term of 5 years. The Five year rate from Truist Bank is for 2,65% as a Tax Exempt Bank Qualified rate. The yearly interest and principal payment will be approximately $120,000 per year. The city will pay a little less than $45,000 in interest over the life of the loan and we will pay $553,860 +/- in principal for the total loan repayment. BUDGET IMPACT: The city will borrow $553,860 for five (5) years at a tax exempt bank qualified rate of 2.65% with yearly payments for principal and interest of approximately $120,000 to be drawn from the enterprise fund (Water/Sewer Fund) and covered through the income of the Water and Sewer payments. Motion to accept the financing proposal of Truist Bank for installation of water lines on S. Elm Avenue and E. Bay Street as described. CITY Or DUNN NORTH CAROLINA Resolution Approving Truist Bank Financing Terms WHEREAS: The City of Dunn, NC ("Borrower") has previously determined to undertake a project for the financing of water line construction (the "Project"), and the Finance Officer has now presented a proposal for the financing of such Project. BE IT THEREFORE RESOLVED, as follows: 1. The Borrower hereby determines to finance the Project through Truist Bank ("Lender') in accordance with the proposal dated March 24, 2022, The amount financed shall not exceed $553,860, the annual interest rate (in the absence of default or change in tax status) shall not exceed 2.65%, and the financing term shall not exceed 5 years from closing. 2. All financing contracts and all related documents for the closing of the financing (the "Financing Documents") shall be consistent with the foregoing terms. All officers and employees of the Borrower are hereby authorized and directed to execute and deliver any Financing Documents, and to take all such further action as they may consider necessary or desirable, to carry out the financing of the Project as contemplated by the proposal and this resolution. 3. The Finance Officer is hereby authorized and directed to hold executed copies of the Financing Documents until the conditions for the delivery of the Financing Documents have been completed to such officer's satisfaction. The Finance Officer is authorized to approve changes to any Financing Documents previously signed by Borrower officers or employees, provided that such changes shall not substantially alter the intent of such documents or certificates from the intent expressed in the forms executed by such officers. The Financing Documents shall be in such final forms as the Finance Officer shall approve, with the Finance Officers release of any Financing Document for delivery constituting conclusive evidence of such officer's final approval of the Document's final form. 4. The Borrower shall not take or omit to take any action the taking or omission of which shall cause its interest payments on this financing to be includable in the gross income for federal income tax purposes of the registered owners of the interest payment obligations, The Borrower hereby designates its obligations to make principal and interest payments under the Financing Documents as "qualified tax-exempt obligations" for the purpose of Internal Revenue Code Section 265(b)(3). 5. The Borrower intends that the adoption of this resolution will be a declaration of the Borrower's official intent to reimburse expenditures for the Project that are to be financed from the proceeds of the Lender financing described above. The Borrower intends that funds that have been advanced, or that may be advanced, from the Borrower's general fund or any other Borrower fund related to the Project, for project costs may be reimbursed from the financing proceeds. 6. All prior actions of Borrower officers in furtherance of the purposes of this resolution are hereby ratified, approved and confirmed. All other resolutions (or parts thereof) in conflict with this resolution are hereby repealed, to the extent of the conflict. This resolution shall take effect immediately. Adopted this 12t^ day ofApril, 2022, ATTEST: Tammy Williams, CMC City Clerk William P. Elmore Jr. Mayor W6arB commtfni� 109Ins! MUM Truist Financial Corporation Governmental Finance 2320 Cascade Point Blvd. Suite 600 Charlotte, North Carolina 28208 Phone(704) 954-1700 Fax (704) 954-1799 March 24, 2022 Mr. Jim Roberts City of Dunn 401 E Broad St. Dunn, NC 28334 Dear Mr. Roberts: Truist Bank ("Lender") is pleased to offer this proposal for the financing requested by the City of Dunn (`Borrower"). PROJECT: Water Line Construction Contract AMOUNT: $553,860.00 TERM: 5 years INTEREST RATE: 2.65% TAX STATUS: Tax Exempt — Bank Qualified PAYMENTS: Interest: Annual Principal: Annual INTEREST RATE CALCULATION: 30/360 SECURITY: Security interest in the project being financed PREPAYMENT TERMS: Prepayable in whole at any time without penalty EXPIRATION: May 23, 2022 DOCUMENTATION/ LEGAL REVIEW FEE: N/A FUNDING: Proceeds will be deposited into an account held at Lender pending disbursement unless equipment is delivered prior to closing. DOCUMENTATION: Lender proposes to use its standard form financing contracts and related documents for this installment financing. We shall provide a sample of those documents to you should Lender be the successful proposer. The financing documents shall include provisions that will outline appropriate changes to be implemented in the event that this transaction is determined to be taxable or non -bank qualified in accordance with the Internal Revenue Service Code. All documentation must be deemed appropriate by Lender before closing. REPORTING REQUIREMENTS: Lender will require financial statements to be delivered within 270 days after the conclusion of each fiscal year-end throughout the term of the financing. Should we become the successful proposer, we have attached the form of a resolution that your governing board can use to award the financing to Lender. If your board adopts this resolution, then Lender shall not require any further board action prior to closing the transaction. Lender shall have the right to cancel this offer by notifying the Borrower of its election to do so (whether this offer has previously been accepted by the Borrower) if at any time prior to the closing there is a material adverse change in the Borrower's financial condition, if we discover adverse circumstances of which we are currently unaware, if we are unable to agree on acceptable documentation with the Borrower or if there is a change in law (or proposed change in law) that changes the economic effect of this financing to Lender. Costs of counsel for the Borrower and any other costs will be the responsibility of the Borrower. The stated interest rate assumes that the Borrower expects to borrow no more than $10,000,000 in the current calendar year and that the financing will qualify as qualified tax-exempt financing under the Internal Revenue Code. Lender reserves the right to terminate this bid or to negotiate a mutually acceptable interest rate if the financing is not qualified tax-exempt financing. We appreciate the opportunity to offer this financing proposal. Please call me at (803) 413-4991 with your questions and comments. We look forward to hearing from you. Sincerely, TruissttlyBBaank//JJ �✓ Andrew G./Smith Senior Vice President Dunn, NC - Water System Improvements (DRAFT) Nominal Annual Rate: 2.650% Cash Flow Data - Loans and Payments 1 Loan 04/12/2022 553,860.00 1 2 Payment 04/12/2023 119,731.88 5 Annual 04/12/2027 TValue Amortization Schedule - Normal, 360 Day Year Loan 04/12/2022 553,860.00 2022 Totals 0.00 0.00 0.00 1 04/12/2023 119,731.88 14,677.29 105,054.59 448,805.41 2023 Totals 119,731.88 14,677.29 105,054.59 2 04/12/2024 119,731.88 11,893.34 107,838.54 340,966.87 2024 Totals 119,731.88 11,893.34 107,838.54 3 04/12/2025 119,731.88 9,035.62 110,696.26 230,270.61 2025 Totals 119,731.88 9,035.62 110,696.26 4 04/12/2026 119,731.88 6,102.17 113,629.71 116,640.90 2026 Totals 119,731.88 6,102.17 113,629.71 5 04/12/2027 119,731.88 3,090.98 116,640.90 0.00 2027 Totals 119,731.88 3,090.98 116,640.90 Grand Totals 598,659.40 44,799.40 553,860.00 CITY OF DUNN Meeting Date: April 12, 2022 )rts - Goals and Objec Manager Neuschafer ent Reports established by Council PURPOSE: Attached please find the Monthly Reports for the Goals and Objectives as established by the Council at the 2022-2023 Budget Planning Retreat to include Goals not finalized from this current fiscal year. Changes are highlighted in yellow. \ * & \ \ E / 0 7 ) U) 0 E 0 W /)6m § k b § ±A) U) a) 4? F- 0 CL E U) a) 2 E 0 0 m E r_ _0 a) (D a) 1 m E > c 0.7 C) < c IL 2.2 CL � m 0 �c a) m a CL 0 0 CL co 0 0 0 -a 0 (D < a) E w 10 C$ a) E > > a) a) a) a>i LL C: N a) 0 LL =1 of 2 U) c 0 CL 10 (n E D -00 U) D 2 IL 2. 0 LLI 0 t 70) .2- E c 0 0 0 'ZI c M F , a) z 0 E -T) Z: 3 C: 0 CL R E Co sm l< > r- U) C: C. ya 0 cm 0 10 2 (Dd acim :Y 0) 0 0 -C :.:3 a) 0) c C: cn -0 co c co CL c E .00 L) c 0 C) (0 (n 10 ca :3 IL LL co < LL < -0 0 0 a 0 cu a) E (D Z a - I EI a) E C: 0 1 0 CL E 0 (D 10) E 0 '�P 1-0 o 1 r- 76 E 2 (L m C) Cts T -0 0 7 m 1-0 = C: () =s a) — i -0 > O,Zll � I C13 M m sLL 0 C) Fa- C)) i-2 0 :3 E 7L, E .6 0 :3 C) 0 im ILLI tko cn u C I y OF DUNN Meeting Date: April 12, 2022 Administrative Reports Citv Manaeer Neuschafer PURPOSE: 1) City Manager's Report 2) Financial Report/Assessment Update 3) Monthly Departmental Reports included: - Communications/Public Information - Planning & Inspections Report - Public Works Report - Public Utilities Report - Parks & Recreation Report - Library Report - Police Report Mayor ,,,i` 1' < William P. Elmore Jr. UORTH Mayor Pro Tem Dr. David L. Bradham DUNNCouncil Members J. Wesley Sills �,� C �, O L I N A April L. Ga n Frank McLLeaean 401 E Broad St . PO Box 1065 . Dunn, North Carolina 28335 Billy Tart (910) 230-3500 • CityofDunn.org Chuck Turnage City Manager Steven Neuschafer MEMORANDUM To: Honorable Mayor, City Council Members From: James 0. Roberts, Finance Director Subject: Financial Report Date: April 12, 2022 • Based on the March 31st bank statements for 2022, the City has $11,252,790. On February 28, 2022 we had $10,852,933. As of January 31, 2022 we had $10,352,148, and December 31, 2021 we had $9,661,306. As you can see, this is an increase of $399,857 from last month. On March 31, 2021 we had $10,175,643. This is $1,077,147 less than we have currently. • Water and Sewer Revenues for the month of March were $451,592. In February they were $497,435, and January was $485,275. Our total collected year to date is $4,622,736 or 75.66% of budget. Year to Date in 2021 was $4,371,108. Our budget for the year is $6,110,000. • For Property Taxes, through February, we have received $3,903,192. Through February of 2021 property tax revenues received were $3,831,708. We have received approximately $71,484 more in taxes this year than last year. There is a one month lag in reporting taxes received. Total Taxes collected so far this year are $4,236,202. Our total estimated taxes for 2022 are $4,472,000. These totals include Property, Motor Vehicles, and Downtown Service District taxes. • For Sales Taxes, our January receipts were $266,657. The December receipts were $249,883, and the November receipts were $242,909. The January receipts were about $16,800 more than last month and $21,500 more than last year. Our Budget for that income for the 2022 budget year is set at $2,160,000. Sales Tax Reports from the Department of Revenue are provided at least two months behind actual collections. Our next sales tax deposit will be April 15th. • Utilities Sales Taxes are reported quarterly. For this year's third quarter we have received $163,021. For 2021 we had received $160,807, $2,214 less than this year. This report is for the quarter ending December 31, 2021 and the amount received for this year was $486,135. In 2021 we received $491,922 for this same time period. This amount includes Electricity, Natural Gas, Telecommunications, and Video Programming Sales Taxes. Our next report will be received on June 15th. Our budget for 2022 for these four areas is $739,000. V&re oommuni� 6Tins! • Building Permit Fees for the month of March were $18,168 up from February when they were $11,583 and January they were $9,053. To date we have collected a total of $121,233 or 78% of budget. For the same time last year, we had received $125,907. The budget for the 2022 budget year is $155,000. • General Fund expenditures for March were $982,372, down from February when they were $1,122,498. The total expensed to date is $9,228,348 or 73.51% of our Budget ($12,553,791). For 2021 we had expended $7,806,232. Our Revenue to date is $9,860,950. • The Water and Sewer fund expenditures for March were 437,992, down from February where they were $542,022. The total expensed to date is $4,862,042, or 61.62% of budget ($7,890,535). For 2021 we had expensed $4,343,725. Water Sewer revenues to date are $5,903,481. The benchmark for this period is 75% of budget. • $117,324 in Debt Service payments were made from the General Fund in March. For the year we have made $797,662. This is 82.91% of our total debt payments. All Expenditures to date fulfill our budgeted payments of $962,050. • No debt service payments from the Water/Sewer were made in March. The total for the year is $506,464 which is 37.71% of our total debt payments. Our total budgeted for the year is $1,342,900 for all Water/Sewer Debt Service payments. All payments will be made as directed and approved. Expenditures for City of Dunn BudgetAmount 3/31/2022 Expenditures Year to Date Budget Remaining $ 12,015,000 100% $ 9,228,348 76.8% $ 2,786,652 23.2% 52.786.652 $9,228,348 EXPENDITURES YEAR TO DATE 1 I BUDGET REMAINING _I Expenditures for Water and Sewer Budget Amount $ 7,601,000 100% 3/31/2022 Expenditures Year to Date $ 4,862,042 64.0% Budget Remaining $ 2,738,958 36.0% $2,738,958 WATER/SEWER EXPENDITURES 1A EXPENDITURESYEAR TO DATE BUDGET REMAINING E s° l kn €i N N 0 N e a o 0 Q w � n m Y PH g 4'- mQ Q Vo >+ « « tl i a � www » +h yrw «SS «o IS odd o U U u g u Z b tl p a {gOh'. Q8 % QE. F 0 F HH M m m �4 VF LM1 �Ir � q N� m m` C1 o q o d o d 6 AA w c�6$ Mayor CITY OF William P. Elmore Jr. Mayor Pro Tem Dr. David L. Bradham DUNNCouncil Members J. Wesley Sills Frank McLLeaea OR�� H 1... A � ; f � i p� April L. Ga n UNn 401 E Broad St . PO Box 1065 . Dunn, North Carolina 28335 Billy Tart (910) 230-3500 • CityofDunn.org Chuck Turnage City Manager Steven Neuschafer MEMORANDUM To: Honorable Mayor, City Council Members From: James 0. Roberts, Finance Director Subject: Liens and Accounts Receivables Date: April 12, 2022 o The General Fund assessments, Water and Sewer assessments, and old demolitions did not receive any payments this month. The total owed now remains $116,891. Of this more than $73,000 is over 10 years old. This amount involves 39 individuals. Nothing new has been billed to these accounts we use our new system from this point forward. o For our Weedy Lots and new Demolitions, the city has billed $447,039, we adjusted and received payments of $100,379. This amount is over the last 20 years. The amount owed the city as of March 31, 2022 is $ 346,659. The amount in excess of 10 years old is $13,166.16 and not recoverable. o For the month of March, we received seven payments totaling $50 on outstanding debts. o We have sent one invoice since our last report, $565. o We sent one pre -Lien letter in March. o There are 21 accounts that are being prepared to have liens attached. These include 15 weedy lots, 3 lots with weedy lots/junk & debris, 1 lot with junk & debris, 1 demolition, and 1 overgrowth. o Pope Law Group is continuing to work on foreclosures for several property owners and this has not changed in the last two months. Patricia Grier owing approximately $18,650, had to be advertised in New York and should be able to be put up for sale this spring. The Frank Turner Heirs is in the process of amending the complaint and should sell this summer. The Mary Fann property requires information from two or three other counties and should be completed this summer. We have three more properties that will be next in line, Richard Thompson, $7,598 will begin this summer, Johnnie Hargrove, $9,290 will begin this summer, and Charles Smith/Ruth Thompson $5,183 is more complex and is likely to take until this fall to be sorted out. T&r^e communi f 69ins! 01-Achieved During the month of March our downtown received the concept plans from WithersRavenel on the caboose lot to review. The Board reviewed and moved forward with a concept plan. 02- In Progress During April, WitherRavenel will present an updated concept plan with the changes made by the board. I am gathering information from local videographers on a possible "Promo Video" of Dunn that hits the highlights of what we have to offer. Our website designer is still a couple of weeks out on starting the redesign of our website to meet the new color scheme and logo for the City. 03- Goals My goal for April is to have the website updated with the redesign and to have someone picked for the promotional video. 04- Stats Facebook: Instagram: Page Likes: 4,480 followers Page Like: 1,006 Reach: 10.9k Reach: 385 #1 post: Water Line Repair (5.5k) #1 Post: We're Hiring #2 Post: Land Use Plan Event (3.2k) Kaitlin Adkins kadkins@dunn-nc.org March 2022 MM DUNN a>herx rammm�i malk>a MARCH 2O22 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 www.dunn-nc.org UM DNN u� e tamnumr nealina Code Enforcement Map March 1"to March 31", 2022 **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. ** DUNN W/e,,. romuu,ni muih� Public Works Department March 2022 Monthly Report Street Count Building Maintenance 2 Alley Maintenance 0 After Hours Call Out 0 Right of Way Maintenance 6 Sidewalks ,. 1 „ Curbs, u 0 Tree Trimming 1 � Storm Cleanup�0 Yard Waste 53 Storm Drain Maintenance 3 Ditch Maintenance 0 Sign/Stop Light Maintenanc 1 Limbs �5.0... Grass mowing 3. Potholes/Cuts 10 Dead Animal 3 Furniture/Appliances 83 Events ,..,,. 0.. , Other 7 Cemetery Open/Close Grave 7 Grave Maintenance 3 Foundation 0 Republic Services Report Solid Waste in Tons 258.7 Yard Waste in Tons 59.11 Recycling Waste in Tons 29.99 Public Utilities Dept I February 2022 j Monthly Report 101 E. Cleveland St., Dunn, NC 28334 1 phone 910-892-2948 1 fax 910-892-8871 1 www.dunn-nc.or� *Data from Mobile311 work order system (does not include all work performed) *Data from A.B. Uzzle Water Treatment Plant records, and Finance Department billing. *Data from NC DEQ DMR documents and Black River Wastewater Treatment Plant records Water and Sewer Project Update (Council Approved Projects) �m DUNN PARKS At,,D RECREATION 205Jackson Rd • PO Box 1065 • Dunn, North Carolina 28335 (910) 892-2976 . CityofDunn.org Monthly Report March 2022 e Dunn Community Building 1 Clarence Lee Tart Memorial Park 1 Codrington Park 0 Nathan Harris Athletic Complex @ Tyler Park 0 Baseball & Softball Field Rentals 6 Tennis Courts 0 Picnic Shelter Rentals 0 AA ( 8U) League 41 AAA (IOU) League 29 Majors (12U) League 26 Darlings (8U) League 17 Angels (IOU) League 16 Ponytails( 12U) Lea ue 12 P K Vyas Recreational Walkers 177 Free Play 14-17 years old 77 Free Play 11-13 years old 62 Free Play 10 & Under years old 49 Batting Cage Rentals 0 Monthly Recreation Report 02 Dunn Parks & Recreation March Monthly Narrative Report Indoor Soccer Indoor soccer leagues began games on March 8"i, and games will end on April 71n Spring Sports Registration began on February 1" and ended on March 9th for ages 7-12 leagues. T-Ball (ages 3-4) and A -League (ages 5-6) registration will end on March 31". AA (ages 7-8) and AAA (ages 9-10) league drafts were held on Saturday, March 19tn. Majors (ages 10-12) league draft was held on Tuesday, March 22"d. There are four teams for AA league, three teams for AAA league, and two team for Majors league. There were no drafts held for the softball league as we have one team per league and practices began on March 1 Oth. Baseball opening ceremonies will he held for baseball on Saturday, April 23`d at Tyler Park starting at 8:00 a.m. Mr. Clifford Layton will be honored with throwing out the first pitch. Softball opening ceremonies will be held on Thursday, April 28tn at Tart Park starting at 6:00 p.m. with Bleecker Automotive Group throwing out the first pitch. Miracle League Registration began on Monday, March 2l'f and will end on Wednesday, April 27" Recreation Advisory Board The last meeting was held on Tuesday, February 8, 2022, at 6:00 p. in. at the Dunn Community Center. The next meeting is scheduled for April 12, 2022, at 6:00 p. in. at the Dunn Community Center. February 2022 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 *video views on library YouTube channel; **videos made STATISTICAL REPORT: FEBRUARY 2022 TOTAL IINCIliENTS REPORTED CI IS BY TYPE 135 HOMICIDE 0 RAPE 0 ROBBERY 0 AGGRAVATED ASSAULT 2 KIDNAPPING/ABDUCTION 0 BURGLARY/BREAKING AND ENTERING 9 LARCENY FROM VEHICLE 2 LARCENY (ALL OTHER) 16 SIMPLE ASSAULT 4 CRIMINAL ' ESTICATIONS CASES ASSIGNED 46 CASES CLOSED 45 RECOVERED PROPERTY VALUE $20.00 SEARCH WARRANTS EXECUTED 2 DRUGS SEIZED See Narcotics FELONY ARRESTS 12 MISDEMEANOR ARRESTS 0 JUVETNILE EWESTIGATIONS CASES ASSIGNED 2 CASES FILED INACTIVE 0 CASES EX -CLEARED 0 CASES CLEARED BY ARREST 1 CASES UNFOUNDED 0 TOTAL CASES CLOSED 2 ADULT ARREST TOTAL 0 JUVENILE ARREST TOTAL 2 FELONY CHARGES TOTAL 4 MISDEMEANOR CHARGES TOTAL 0 RECOVERED PROPERTY VALUE 0 SPECAL OPERATIONS WORDED 0 COMMUNITY SERV./PRESENTATIONS 0 VALUE OF NARCOTICS/MONIES SEIZED 0 CURFEW WARNINGS 0 CURFEW VIOLATIONS 0 NARCOTICS INVEST. SEIZURE S MARIJUANA 0 COCAINE .2 Gram METHAMPHETAMINE 77.7 Grams HEROIN 0 PILLS 4,474 Pill Drop OTHER DRUGS 0 FELONY ARREST TOTAL 11 MISDEMEANOR ARREST TOTAL 0 FIREARMS SEIZED 0 PROPERTY VALUE 0 US CURRENCY 0 SEARCH WARRANTS 0 STREET VALUE OF DRUGS SEIZED $235209.00 TOTAL DROP BOX MEDS COLLECTED 4474 Pills PATROL IIIVISIO SPEEDING 113 SEAT BELT VIOLATION 12 PASSENGER SEAT BELT JUVNILE 3 NO OPERATOR'S LICENSE 25 DRIVE WHILE LIC. REVOKED 51 FAILURE TO STOP AT STOP SIGN 7 RUNNING RED LIGHT 9 FAILURE TO REDUCE SPEED 1 MISDEMEANOR ARREST TOTAL 42 FELONY ARREST TOTAL 19 FIREARMS SEIZED 4 MARIJUANA SEIZED 171.4 Grams COCAINE SEIZED 0 HEROIN SEIZED 16.1 Grams OTHER DRUGS SEIZED 10.8 Gfams US CURRENDY SEIZED $70.00 COUNTERFEIT CURRENCY 0 CONTROL & SHELTER. Total Calls: 43 —ANIMAL CANINE' PICKED UP 25 IN POUND 9 RETURNED 11 ADOPTED 10 ESCAPED 0 EUTHANIZED 0 BITES 0 ISOLATED 0 FELINE PICKED UP 28 IN POUND 26 RETURNED 0 ADOPTED 31 ESCAPED 0 EUTHANIZED 0 BITES 0 ISOLATED 0 ANIMALS, WARNINGS AND MILEAGE OTHER ANIMAL CALLS 0 Other Animals: Deceased 2 Dogs WARNINGS (Verbal) 6 CITATIONS 0 ANIMAL CONTROL VEHCLES VEHICLE 455 Mileage 1310 VEHICLE #56 Mileage j 492 (Dunn City Council l4eeting Apri(12, 2022 • City of Dunn offices will be closed in observance of Good Friday on April 151h. • A joint meeting of the Dunn City Council and Planning Board is set for Thursday, April 21st at 7:00 p.m. for the purpose of reviewing the drafts of the Unified Development Ordinance and Land Use Plan Map. The meeting will be held at the Dunn Community Center at 205 Jackson Road. • The Chamber's 2022 Concert Series kicks off on Thursday, April 21St featuring The Catalinas from 6:00 to 9:00 p.m. in the Dunn Shrine Center parking lot. • The Dunn Spring Litter Sweep will be held on Saturday, April 23rd. Volunteers will meet at City Hall beginning at 8:30 a.m. and then head out to pick up litter citywide until 11:00 a.m. Sign up information is on the City's Website and Facebook page. • The next Regular Meeting of the Dunn City Council is scheduled for Tuesday, May 10th at 7:00 p.m. i ■ Community Appearance Committee Minutes ■ Dunn Housing Authority Minutes Community Appearance Committee Monday, February 21, 2022 at 6:00 p.m., Dunn Municipal Building PRESENT: Chairman Meredith Bradham, Cindy Atkins, John Frazee, Wesley Johnson, Tasha McDowell and Lynwood Massengill. City Staff: Assistant City Manager Mathew Boone and City Clerk Tammy Williams. Absent: Ann Fairley, Linda James, Elyse Johnson and Marian McDonald. Chairman Bradham called the meeting to order at 6:00 p.m. Motion by Frazee and second by Atkins to approve the minutes as presented. The motion carried. Reports: Community Clean Up/ Anti -Litter Campaign Litter Sweep Date was set for April 23 with rain date on April 30. Massengill said that he would like to see more city staff involved. Everyone was in agreement for doing the Litter Sweep Signs for the clean-up. Need to begin promoting mid -March. Post Clean Your Curb campaign again on Facebook. Williams updated that Kaitlin is using some of the anti -litter Facebook ads for The Daily Record. Murals/Visual Arts Boone reviewed the applications received for mural grants. Applications were received from Josh Jernigan of Heart and Hammer Tattoo, Mack McLamb from Carlie C's IGA, Jaime Castillo Culled, Don Wood with Archie's Appliance, Brad Hawkins - Lucknow Bottle & Tap, Turnage Family - Kim's and 117 North LLC. After review and much discussion, motion by McDowell and second by Massengill to recommend to Council grants of $6,500 for Heart & Hammer Tattoo and $5,000 for Carlie C's IGA for murals on their buildings with final designs to be presented and approved by CAC prior to receiving grant. Motion approved. Plantings/Landscape Discussion followed on planters for property across from City Hall on US 421 or at the parks. Question was asked who would water and after further discussion, this was tabled with Bradham and McDowell to ride around and determine best locations for planters. Cemeteries Clean Up Frazee reported that the cemeteries still have a lot of Christmas flowers and trees and faded plants. Atkins added that there needs to be a set time twice a year for cleaning old flowers and staff needs to stick to this schedule so people get used to it and remove their plants. Boone said he would check with cemetery staff. Atkins added that they will work on scheduling a workshop in the spring but there are some stones that need to be moved around before they get broken. Boone said she will just need to coordinate with cemetery staff. The next meeting will be held on March 14, 2022. With no additional business, the meeting was adjourned at 7:22 p.m. Respectively Submitted; Taumy Willi iryx CMC City Cleric Mar. 22. 2022 1:43PM No. 0195 P. 2 DUNN HOUSING AUTHORITY BOARD MEETIW6 817 STEWART STREET DUNN, NC 28334 MONDAY, FEBRUARY 21, 2022, 4:00 PM The Dunn Housing Authority Board meeting was called to order on Monday, February 21, 2022, at 4:00 pm by Chairman, Lester E. Lee, Jr. Vice-chairman Draughon gave the invocation. upon roll call, the following were present: Chairman Lester E. Lee, Jr, Vice-chairman Eddie Draughon, and Commissioner Lois Dail, Commissioner Sadie Mclamb was absent, and Commissioner Frances Pierce was excused. Secretary, Felicia Chester, was present at this meeting. Chairman Lee began the meeting by asking for approval of the minutes from the January 18, 2022, board meeting. The motion to accept the January minutes was made by Vice -Chairman Draughon and seconded by Commissioner Dail. Ayes and Nays were as follows: Ayes Nays Chairman Lester E. Lee, Jr. Vice-chairman Eddie Draughon Commissioner Lois Dail MINUTES OF THE JANUARY 2022 BOARD MEETING WERE READ AND APPROVED. Resolutions for approval of the 2022 5-year plan and the Annual Statement were signed. OCCUPANCY REPORT THROUGH: The total rent collected forJanuary 2022 was $35,785.00. The average rent per unit was $250.24. Chairman Lee requested clarity on the number of vacant units at McKay Courts AND Secretary Chester acknowledged a typographical error had been made, and when corrected, the total number of units balanced. There were no other comments made. Since the January board meeting, there were no move -ins or transfers and, one move -put, yielding one vacant unit at McKay Courts. Secretary Chester informed the board members there were no rental charge -offs for the month of January. However due to the move out at Mckay Courts, there would be one In the future. Mar. 22. 2022 1:43PM No. 0195 P. 3 Review Of Finance Balance sheets: As of the date of the Although the commissioners had already reviewed the January month end financial reports, they reviewed them again as a group. There were very few comments made, All were pleased with the amount of information given and the manner in which the reports were prepared that made them easy to read. Business: Secretary Chester reminded the Board of the $16,205.00 left to spend from the safety grant. She informed the Board that in order to install the video cameras, Duke Energy would need to do an excessive amount of digging to bury the underground cable, which would disturb some of the grassy area at McNeil Circle. She also explained that the Dunn Housing Authority would pay to have the grassy area repaired out of the remaining$16,205.00, Due tothe damage caused as a result of the camera Installation, the grantwould pay for the yard repair. Communication: A conference call with David Stogner revealed that the exterior doors were not so badly damaged that they could not wait until such time that special orders could be made within a reasonable amount of time. David Stogner stated that the exterior doors and storms doors would not be a problem to purchase and install. He also suggested that smoke/carbon monoxide detectors be installed with a portion of the money that had already been allocated forthe exterior doors in project NC079-1. It was discussed that a representative from Stegner Architecture would take care of the paperwork with assistance from Dunn Housing Authority, if needed. The poles have been installed and wired at McKay courts, Powell Village and Washington Heights. The Damage Release form that had been previously completed by the sub -contractor, Dewayne Holmes, was completed by Dunn Housing Authority and returned to Duke Energy. A date has not been set for the underground wiring to be completed, but McNeil Circle is the only site left to wire to complete the pole installation. Oceans 10 Director of Deployment, Josh Loop, has assured us the cameras are ready to be installed as soon as Duke Energy completes the pole installation. Other Business: The Board was reminded that the Lawncare Agreement started on February 1, 2022, as it was not agreed upon until the end of January 2022. Instead of the twelve-month agreement starting on January 1, 2022, the agreement began on February 1, 2022, and would be paid In eleven monthly payments for a total of $34,000.00, With No Further Business To Discuss, The Meeting Was Adjourned, Lester E. Lee, Jr., Chairman Felicia A. Chester, Secretary 2 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 I Under the North Carolina General Statutes or regulations. i Under the regulations or laws of the United States. [N.C.G.S. 143-318.11(a)(2)] Prevent the premature disclosure of an honorary award or scholarship [N.C.G.S. 143-318.11(a)(3)] Consult with the Attorney i To protect the attorney -client privilege. i To consider and give instructions concerning a potential or actual claim, administrative procedure, or judicial action. i To consider and give instructions concerning a judicial action titled vs [N.C.G.S. 143-318.11(a)(4)] To discuss matters relating to the location or expansion of business in the area served by this body. 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).