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Agenda 12-12-2023Tuesday, December 12, 2023 Dunn City Council Meeting Agenda Session I 6:30 p.m., Dunn Municipal Building Call to Order-Mayor William P. Elmore Jr. Invocation -Reverend Dennis Manuel Pledge of Allegiance SECTION 1) Adjustment and Approval of the December 1 Z, 2023 Agenda PRESENTATIONS 2) Special Presentation -Representative Howard Penny PUBLIC COMMENT PERIOD 3) Each Speaker is asked to limit comments to 3 minutes, and they must sign up on a 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 4) Purchase of Real Property -705 E Duke St 5) Budget Amendment 6) Personnel Policy Amendments 7) Capital Project Ordinance -Pearsall St Culvert Project, Grant Acceptance and BA ITEMS FOR DISCUSSION AND/OR DECISION 8) CZ-03-23, Conditional Zoning -Susan Tart Rd a) Public Hearing b) Decision 9) Voluntary Annexation Petition ANX-02-23, Corner of Longbranch Rd and US 301S, owned by EC Edgerton LLC a) Public Hearing b) Decision 10) USDA Loan Loans for Police Cars and other City Equipment a) Public Hearing b) Decision MAYOR AND COUNCIL REMARKS 11) Remarks by Outgoing Council Members Frank McLean and Chuck Turnage 12) Recess for Organizational Meeting Dunn City Council Organizational Meeting Agenda Session II Swearing In Ceremony -City Attorney Tilghman Pope SECTION 13) Administering the Oath of Office a) Mayor William P. Elmore Jr. By North Carolina Representative -The Honorable Howard Penny b) Council Member J. Wesley Sills -Ward 1 By District Court Judge, The Honorable O Henry Willis c) Council Member April L. Gaulden -Ward 2 Will be sworn in at a later date. d) Council Member Raquel McNeil -Ward 3 By City Clerk Tammy Williams e) Council Member Billy N. Tart-Ward 4 By North Carolina Senator -The Honorable Jim Burgin f) Council Member Alan Hargis -Ward 5 By North Carolina Senator -The Honorable Jim Burgin g) Council Member Dr. David L. Bradham -Ward 6 By Tammy Williams, City Clerk CALL TO ORDER BY MAYOR ELMORE CONSENf ITEMS 14) Resolution of Appreciation -Frank McLean 15) Resolution of Appreciation -Chuck Turnage 16) Set Meeting for Special Called Orientation Meeting PRESENfATIONSBYTIIEMAYOR 17) Presentations to Outgoing Council Members McLean and Turnage ITEMS FOR DISCUSSION AND/OR DECISION 18) Election of Mayor Pro Tern 19) Resolution -20 24 Regular Meeting Schedule for the Dunn City Council 20)Resolution of Intent to Consider Permanently Closing Public Right of Way AC-01-23 21) Administrative Reports -City Manager Reports -Financial Reports 22) Comments by Mayor Elmore and Council Members 23) Announcements 24) Information 25)Closed Session -If called, the General Statute(s) allowing the Closed Session will be cited in the motion. ADJOURNMENf "qfiis institution is an equal opportunity proviaer and employer. " Adjustment and Approval of the December 12, 2023 Meeting Agenda Recommendation: Motion to adopt the December 12, 2023 meeting agenda as presented Or Motion to adopt the December 12, 2023 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 from Consent Items to Items for Discussion and/or Decision) mo UNN • NORTH CAROLINA City Council Agenda Item Meeting Date: December 12, 2023 SUBJECT TITLE PRESENTER/DEPARTMENT ATTACHMENT(S) PUBLIC HEARING PUBLISH DATES PURPOSE: Special Presentation to the City of Dunn by Representative Howard Penny Mayor Elmore Representative Howard Penny will be presenting a budget designation to City of Dunn projects from the North Carolina General Assembly. BACKGROUND: Public Comment Period Adopted 8-4-05 CITY OF DUNN CITY COUNCIL PUBLIC COMMENT POLICY The City Council for the City of Dunn does hereby adopt a Public Comment Policy to provide at least one period for public comment per month at a regular meeting of the City Council. This policy shall remain in effect until such time that it is altered, modified, or rescinded by the City Council. All comments received by the City Council during the Public Comment Period shall be subject to the following procedures and rules: 1. Anyone desiring to address the City Council must sign up and register on a sign- up sheet available on the podium within the City Council chambers prior to the Mayor calling the meeting to order. The sign-up sheet shall be available thirty (30) minutes prior the beginning of the City Council meeting in the City Council Chambers. Once the Mayor has called the meeting to order, the City Clerk shall collect the sign-up sheet and deliver it to the Mayor. The speaker shall indicate on the sign-up sheet his or her name, address and matter of concern. 2. The Public Comment Period shall be for thirty (30) minutes. 3. Comments are limited to three (3) minutes per speaker. A speaker can not give their allotted minutes to another speaker to increase that person's allotted time. 4. Each speaker must be recognized by the Mayor or presiding member of the City Council as having the exclusive right to be heard. Speakers will be acknowledged in the order in which their names appear on the sign up sheet. Speakers will address the City Council from the podium at the front of the room and begin their remarks by stating their name and address. 5. Individuals who sign up but can not speak because of time constraints, will be carried to the next regular meeting of the City Council and placed first on the Public Comment Period. 6. During the Public Comment Period, a citizen, in lieu of or in addition to speaking may pass out written literature to the City Council, City Staff and audience. 7. Groups supporting or opposing the same position shall designate a spokesperson to address the City Council in order to avoid redundancy. 8. After the citizen has made his or her remarks, he or she will be seated with no further debate, dialogue or comment. 9. The Public Comment Period is not intended to require the City Council to answer any impromptu questions. Speakers will address all comments to the City Council as a whole and not one individual Council member. Discussions between speakers and members of the audience will not be allowed. The City Council will not take action, or respond to questions about, issues raised during the Public Comment Peri od at the same meeting. I 0. 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. Consent Items Recommendation: Motion to approve all Consent Items as presented. miDlJNN • NORTH CAROLINA City Council Agenda Item M eeting Date: December 12, 2023 SUBJECT TITLE Purchase Real Property PRESENTER/DEPARTMENT City Manager Neuschafer ATTACHMENT($) PUBLIC HEARING PUBLISH DATES PURPOSE: To approve the purchase of parcel of real property foreclosed -PIN# 1516-63-6329.000 at 705 E Duke St for the amount of $15,500. Property owned by Jacques E Hargrove. RECOMMENDED MOTION/ACTION REQUESTED OF COUNCIL Motion to approve purchase of real property located at 705 E Duke St for the purchase price of $15,500. fm DlJNN • NORTH CAROLINA City Council Agenda Item . Meeting Date: December 12, 2023 SUBJECT TITLE Budget Amendments for Various Operating Accounts PRESENTER/DEPARTMENT Cary McNallan/Finance Department ATTACHMENT(S) Budget amendment for FY24 PUBLIC HEARING PUBLISH DATES N/ A PURPOSE: To approve budget amendments for various operating accounts as noted below. BACKGROUND: These budget amendments are requested for the following reasons: • The Capital Outlay of $27,850 is to fund the purchases of the Fann and Hargrove properties. • The Insurance Repair Expense of $20,000 is to allocate the insurance proceed revenue to the police budget for vehicle damage repair expenses. • The Water and Sewer budget amendment of $60,000 is to allocate contingency reserves to fund a sewer lateral repair on S McKay St and a GIS support services contract. • The Stormwater budget amendment of $24,840 is to increase the estimated stormwater fee revenue and allocate this amount for an unbudgeted debt service payment. • The Powell Bill budget amendment is a shift between expense accounts to more appropriately categorize the expenses paid. BUDGET IMPACT: The overall revenue and expenditure budgets for the General Fund will increase by $47,850, and the Stormwater Fund will increase by $24,840. There will be no change to the overall Water and Sewer Fund budget. RECOMMENDED Motion to approve the attached FY24 budget amendments. MOTION/ACTION REQUESTED OF COUNCIL CITY OF DUNN BUDGET ORDINANCE AMENDMENT Department: Administration Budget Amendment#: 10 FISCAL YEAR ENDING: 6/30/2024 Date: 12/12/2023 Appropriation Amount of Appropriation FUND Acct# LINE ITEM DESCRIPTION Before Amendment After Amendment Increase I (Decrease) Amendment General 010-0500-7400 Capital Outlay -27,850.00 $ 27,850.00 General 010-0510-7002 Insurance Repair Expense 10,000.00 20,000.00 30,000.00 Water & Sewer 030-0810-4500 Contract Services -60,000.00 60,000.00 Water & Sewer 030-0710-5800 Reserve for Contingency 301,478.00 (60,000.00) 241,478.00 Stormwater 031-0831-9738 Watauga Ave Loan -Principal -21,084.00 21,084.00 Stormwater 031-0831-9739 Watauga Ave Loan -Interest -3,756.00 3,756.00 Powell Bill 041-0841-1700 Maint & Repair -Equipment 25,000.00 (11,116.00) 13,884.00 Powell Bill 041-0841-4500 Contract Services -11,116.00 11,116.00 $ -EXPENDITURE TOTAL: $ 336,478.00 $ 72,690.00 $ 409,168.00 Appropriation Amount of Appropriation FUND Acct# LINE ITEM DESCRIPTION Before Amendment After Amendment Increase/ (Decrease) Amendment General 010-0368-2001 Fund Balance Appropriation $ 15,750 $ 27,850.00 $ 43,600.00 General 010-0360-0800 Police Insurance Proceeds $ 10,000 $ 20,000.00 30,000.00 Stormwater 031-0371-0000 Stormwater Fees $ 400,000 $ 24,840.00 424,840.00 REVENUE TOTAL: $ 425,750.00 $ 72,690.00 $ 498,440.00 CERTIFICATION: I certify this requested budget amendment was approved by the City Council on: City Manager: 1211212023 Finance Director: 12/12/2023 JUSTIFICATION: Funding of $27,850 is for the purchases of the Fann and Hargrove properties. The $20K is appropriating insurance proceeds to the Police budget for vehicle damage repairs The $60K is for a sewer lateral repair on S McKay St and GIS support services. The Stormwater entry is for unbudgeted debt service payment, and the Powell Bill entry is a shift between expense codes. I FUNDING SOURCE: $27,850 in General Fund Balance, $10K from Insurance proceed revenue, and $24,840 of increased stormwater revenue estimate. mlDlJNN • NORTH CAROLINA City Council Agenda Item Meeting Date: December 1 2, 20 23 SUBJECT TITLE Personnel Policy PRESENTER/DEPARTMENT Connie Jernigan / Administration ATTACHMENTS) Personnel Policy Amendments PUBLIC HEARING PUBLISH DATES PURPOSE: Attached for your consideration is a proposed list of amendments to the City of Dunn Personnel Policy as suggested by The MAPS Group upon reviewing the City's policy during the study they performed. The attachment lists the items to be amended in red. Effective date January 1, 2024 BACKGROUND: The City of Dunn Personnel Policy has not been revised since June 13, 2017. All changes were submitted to the City Attorney for review and were approved as presented. BUDGET IMPACT: None RECOMMENDED MOTION/ACTION REQUESTED OF COUNCIL Motion to approve proposed changes effective January 1, 2024 as presented. CITY OF DUNN PERSONNEL POLICY Revisions through January 2024 City of Dunn PERSONNEL POLICY BE IT RESOLVED by the City Council of the City of Dunn that the following policies apply to the appointment, classification, benefits, salary, promotion, demotion, dismissal, and conditions of employment of the employees of the City of Dunn. Article ARTICLE I. Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7 Section 7. Section 8. ARTICLE II. Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. ARTICLE III. Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Section 11. Section 12. Title GENERAL PROVISIONS ......................................................................................... 5 Purpose of the Policy .................................................................................................. 5 At Wi ll Employment .................................................................................................. 5 Merit Principle ............................................................................................................ 5 Responsibilities of the City Council ........................................................................... 5 Responsibilities of the City Manager ......................................................................... 5 Responsibilities of the Human Resources Officer ..................................................... 6 Application of Policies, Plan, Rules, and Regulations ............................................... 7 Departmental Rules and Regulations ......................................................................... 7 Definitions .................................................................................................................. 7 POSITION CLASSIFICATION PLAN ..................................................................... 9 Purpose ....................................................................................................................... 9 Composition of the Position Classification Plan ........................................................ 9 Use of the Position Classification Plan ...................................................................... 9 Administration of the Position Classification Plan .................................................... 9 Authorization of New Positions and the Position Classification ............................. 10 Request for Reclassification ..................................................................................... 10 THE PAY PLAN ...................................................................................................... 11 Definition .................................................................................................................. 11 Administration and Maintenance ............................................................................. 11 Starting Salaries ........................................................................................................ 11 Trainee Designation and Provisions ......................................................................... 11 Probationary Pay Increases ...................................................................................... 12 Merit Pay .................................................................................................................. 12 Merit Pay Bonus ....................................................................................................... 12 Salary Effect of Promotions, Demotions, Transfers, and Reclassifications ....................................................................................................... 12 Salary Effect of Salary Range Revisions ................................................................. 13 Transition to a New Salary Plan ............................................................................... 13 Effective Date of Salary Changes ............................................................................ 14 Overtime Pay Provisions .......................................................................................... 14 1 Section 13. Section 14. Section 15. Section 16. ARTICLE IV. Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. ARTICLE V. Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. ARTICLE VI. Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Section 11. ARTICLE VII. Section 1. Section 2. Section 3. Call-back .................................................................................................................. 14 Payroll Deduction ..................................................................................................... 15 Hourly Rate of Pay ................................................................................................... 15 Longevity Pay ........................................................................................................... 15 RECRUITMENT AND EMPLOYMENT ............................................................... 16 Equal Employment Opportunity Policy ................................................................... 16 Implementation of Equal Employment Opportunity Policy ..................................... 16 Recruitment, Selection and Appointment ................................................................ 16 Probationary Period .................................................................................................. 17 Promotion ................................................................................................................. 17 Demotion .................................................................................................................. 18 Transfer .................................................................................................................... 18 CONDITIONS OF EMPLOYMENT ....................................................................... 19 Work Schedule ......................................................................................................... 19 Political Activity ....................................................................................................... 19 Outside Employment ................................................................................................ 19 Reserved ....................................................................................... 20 Employment of Relatives ......................................................................................... 20 Harassment Prohibited ............................................................................................. 20 Acceptance of Gifts and Favors ............................................................................... 21 Performance Evaluation ........................................................................................... 21 Safety ........................................................................................................................ 21 EMPLOYEE BENEFITS ......................................................................................... 22 Eligibility .................................................................................................................. 22 Group Health Insurance ............................................................................................ 22 Group Life Insurance ................................................................................................ 23 Other Optional Group Insurance Plans .................................................................... 23 Retirement ............................................................................................................... 23 Supplemental Retirement Benefits Plans ................................................................. 24 Social Security .......................................................................................................... 24 Workers' Compensation ...................................................................................... 24 Unemployment Compensation ................................................................................. 24 Tuition Assistance Program ..................................................................................... 24 Wellness ....................................................................................... 25 HOLIDAYS AND LEAVES OF ABSENCE .......................................................... 26 Policy ........................................................................................................................ 26 Holidays .................................................................................................................... 26 Holidays: Effect on Other Types of Leave ............................................................... 26 2 Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Section 11. Section 12. Section 13. Section 14. Section 15. Section 16. Section 17. Section 18. Section 19. Section 20. Section 21. Section 22. Section 23. Section 24. Section 25. ARTICLE VIII. Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. ARTICLE IX. Section 1. Section 2. Section 3. Section 4. Section 5. Holidays: Compensations When Work is Required or Regularly Scheduled Off for Shift Personnel ...................................................... 26 Vacation Leave ......................................................................................................... 26 Vacation Leave: Use by Probationary Employees ................................................... 26 Vacation Leave: Accrual Rate .................................................................................. 27 Vacation Leave: Maximum Accumulation .............................................................. 27 Vacation Leave: Manner of Taking ......................................................................... 27 Vacation Leave: Payment upon Separation ............................................................. 28 Vacation Leave: Payment upon Death .................................................................... 28 Sick Leave ................................................................................................................ 28 Sick Leave: Accrual Rate and Accumulation ........................................................... 29 Sick Leave: Medical Certification ........................................................................... 29 Shared Leave Program ....................................................................... 30 Leave Pro-rated ........................................................................................................ 30 Family and Medical Leave ....................................................................................... 30 Family and Medical Leave -Certification .............................................................. 31 Leave Without Pay ................................................................................................... 32 Family Medical Leave and Leave Without Pay: Retention and Continuation of Benefits .................................................................................... 32 Workers' Compensation Leave ................................................................................ 33 Military Leave .......................................................................................................... 34 Reinstatement Following Military Service ............................................................... 34 Civil Leave ............................................................................................................... 34 Parental School Leave .............................................................................................. 35 SEPARATION AND REINSTATEMENT ............................................................. 36 Types of Separations ................................................................................................ 36 Resignation ............................................................................................................... 36 Reduction in Force ................................................................................................... 36 Disability .................................................................................................................. 36 Voluntary Retirement ............................................................................................... 36 Death ........................................................................................................................ 37 Dismissal .................................................................................................................. 37 Reinstatement ........................................................................................................... 3 7 Rehiring .................................................................................................................... 3 7 UNSATISFACTORY JOB PERFORMANCE AND DETRIMENT AL PERSONAL CONDUCT ......................................................................................... 38 Disciplinary Action for Unsatisfactory Job Perfonnance ........................................ 38 Unsatisfactory Job Performance Defined ................................................................. 38 Communication and Warning Procedures Proceeding Disciplinary Action for Unsatisfactory Job Performance ....................................................... 38 Disciplinary Action for Detrimental Personal Conduct ........................................... 39 Detrimental Personal Conduct Defined .................................................................... 39 3 Section 6. Section 7. Section 8. Section 9. ARTICLEX. Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7 ARTICLE XI. Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Pre-Dismissal Conference ........................................................................................ 40 Non-Disciplinary Suspension ................................................................................... 41 Reserved ................................................................................................................... 41 Substance Abuse policy ............................................................................................ 41 GRIEVANCE PROCEDURE AND ADVERSE ACTION APPEAL ..................... 42 Policy ........................................................................................................................ 42 Grievance Defined .................................................................................................... 42 Purposes of the Grievance Procedure ....................................................................... 42 Procedure .................................................................................................................. 43 Role of the Human Resources Officer ..................................................................... 44 Grievance and Adverse Action Appeal Procedure for Discrimination .................... 44 Reserved ................................................................................................................... 45 RECORDS AND REPORTS ................................................................................... 46 Public Information .................................................................................................... 46 Access to Confidential Records .............................................................................. .46 Personnel Actions ..................................................................................................... 4 7 Records of Former Employees ................................................................................. 47 Remedies of Employees Objecting to Material in File ............................................ 47 Penalties for Permitting Access to Confidential Records.................................... 47 Examining and/or Copying Confidential Material without Authorization .............. 48 Destruction of Records Regulated ............................................................................ 48 4 ARTICLE I. GENERAL PROVISIONS Section 1. Purpose of the Policy It is the purpose of this policy and the rules and regulations set forth to establish a fair and uniform system of personnel administration for all employees of the City under the supervision of the City Manager and City Council. This policy is established under authority of Policy 160A, Article 7, of the General Statutes of North Carolina. Section 2. At Will Employment The City of Dunn is an "at will" employer. Nothing in this policy creates an employment contract or term between the City and its employees. No person has the authority to grant any employee any contractual rights of employment. An "employee at will" is an employee without a definite term of employment who may be suspended, demoted or terminated for any reason that is not in contravention of public policy as established by North Carolina case law. The definition of "employee at will" specifically includes any North Carolina case law defining this term, as it presently exists and as may hereinafter be adopted. No employee working with the City shall have an exemption of continued employment with the City. Section 3. Merit Principle All appointments and promotions shall be made solely on the basis of merit. All positions requiring the performance of the same duties and fulfillment of the same responsibilities shall be assigned to the same class and the same salary range. No applicant for employment or employee shall be deprived of employment opportunities or otherwise adversely affected as an employee because of such individual's race, color, religion, sex, sexual orientation, national origin, political affiliation, non- disqualifying disability, age, veteran status, or marital status. Section 4. Responsibilities of the City Council The City Council hereby delegates to the City Manager, the responsibility for establishing the position classification schedule. The City Council further delegates to the City Manager the responsibility to periodically review the personnel policies and to make recommendations to the City Council for revisions, modifications or additions thereto. The City Council shall be responsible for approving any revisions, modifications or additions to the personnel policies and fo r approving the pay plan for all City employees. Section 5. Responsibilities of the City Manager The City Manager shall be responsible to the City Council for the administration and technical direction of the personnel program. The City Manager shall appoint, suspend, and remove all City employees except those whose appointment is otherwise provided for by law. The City Manager shall make appointments, dismissals and suspensions in accordance with the City charter and other policies 5 and procedures spelled out in other Articles in this Policy. The City Manager shall supervise or participate in: a) recommend rules and revisions to the personnel system to the City Council fo r consideration; b) make changes as necessary to maintain an up to date and accurate position classification plan; c) recommend necessary revisions to the pay plan; d) determ ine which employees shall be subject to the overtime provisions of FLSA; e) develop and administer such recruiting programs as may be necessary to obtain an adequate supply of competent applicants to meet the needs of the City; f) perform such other duties as may be assigned by the City Council not inconsistent with this Policy; and g) appoint an employee to the role of Human Resources Officer. Section 6. Responsibilities of the Human Resources Officer The responsibilities of the Human Resource Officer are to make recommendations to the City Manager on the following: a) recommend rules and revisions to the personnel system to the City Manager for consideration; b) recommend changes as necessary to maintain an up to date and accurate position classification c) recommend necessary revisions to the pay plan; d) recommend which employees shall be subject to overtime provisions of FLSA; e) maintain a roster of all persons in the municipal service; f) establish and maintain a list of authorized positions in the municipal service at the beginning of each budget year which identifies each authorized position, salary range, any changes in class title and status, position number and other such data as may be desirable or useful; g) develop and administer such recruiting programs as may be necessary to obtain an adequate supply of competent applicants to meet the needs of the City; h) develop and coordinate trai ning and educational programs for the City employees; 6 i) investigate periodically the operation and effect of the personnel provisions of this policy; and j) perform other duties as may be assigned by the City Manager. Section 7. Application of Policies, Plan, Rules, and Regulations The personnel policy and all rules and regulations adopted pursuant thereto shall be binding on all City employees. The City Manager, City Attorney, members of the City Council and advisory councils and commissions will be exempted except in sections where specifically included. An employee violating any of the provisions of this policy shall be subj ect to appropriate disciplinary action, as well as prosecution under any civil or criminal laws which have been violated. Section 8. Departmental Rules and Regulations Due to the particular personnel and operational requirements of the various departments of the City, each department is authorized to establish supplemental written rules and regulations applicable only to the personnel of that department. All such rules and regulations shall be subject to the approval of the City Manager, and shall not in any way conflict with the provisions of this Policy, but shall be considered as a supplement to this Policy. Section 9. Definitions For the purposes of this policy, the following words and phrases shall have the meanings respectively ascribed to them by this section: Full-time employee. An employee who is in a position for which an average work week equals at least 30 hours, and continuous employment of at least 12 months, are required by the City. Part-time employee. An employee who is in a position for which an average work week of at least 20 hours and less than 3 0 hours and continuous employment of at least 12 months are required by the City. Regular employee. An employee appointed to a full or part-time position who has successfully completed the designated probationary period. Probationary employee. An employee appointed to a full or part-time position who has not yet successfully completed the designated probationary period. Temporary employee. An employee, not in a permanent position, appointed to a position for which either the average work week required by the City over the course of a year is less than 20 hours, or continuous employment required by the City is less than 12 months. 7 Trainee. An employee status when an applicant is hired (or employee promoted) who does not meet all of the requirements for the position. During the duration of a trainee appointment, the employee is on probationary status. Permanent position. A position authorized for the budget year for a full twelve months and budgeted for twenty or more hours per week. All City positions are subject to budget review and approval each year by the City Council and all employees' work and conduct must meet City standards. Therefore, reference to "permanent" positions or employment should not be construed as a contract or right to perpetual funding or employment by any employee. 8 ARTICLE II. POSITION CLASSIFICATION PLAN Section 1. Purpose. The position classification plan provides a complete inventory of all authorized and permanent positions in the City service, and an accurate description and specification for each class of employment. The plan standardizes job titles, each of which is indicative of a definite range of duties and responsibilities. Section 2. Composition of the Position Classification Plan The classification plan shall consist of: a) a grouping of positions in classes which are approximately equal in difficulty and responsibility which call for the same general qualifications, and which can be equitably compensated within the same range of pay under similar working conditions; b) class titles descriptive of the work of the class; c) written specifications for each class of positions; and d) an allocation list showing the class title of each position in the classified service. Section 3. Use of the Position Classification Plan The classification plan is to be used: a) as a guide in recruiting and examining applicants for employment; b) in determining lines of promotion and in developing employee training programs; c) in determining salary to be paid for various types of work; d) in determining personnel service items in departmental budgets; and e) in providing uniform job terminology. Section 4. Administration of the Position Classification Piao The Human Resource Officer shall allocate each position covered by the classification plan to its appropriate class, and shall be responsible for the administration of the position classification plan. The Human Resource Officer shall periodically review portions of the classification plan and allocate or re-allocate positions to the proper classes. 9 Section 5. Authorization of New Positions and the Position Classification Plan New positions shall be established upon recommendation of the City Manager and approval of the City Council. New positions shall be recommended to the City Council with a recommended class title. The position classification plan, along with any new positions or classifications shall be approved by the City Council and on file with the Human Resources Officer. Section 6. Request for Reclassification Any employee who considers the position in which classified to be improper shall submit a request in writing for reclassification to such employee's immediate supervisor, who shall immediately transmit the request through the department head to the Human Resource Officer. Upon receipt of such request, the Human Resource Officer shall study the request, determine the merit of the reclassification, and recommend any necessary revisions to the classification and pay plan to the City Manager. The City Manager will respond to this request within ten working days. ARTICLE Ill. THE PAY PLAN Section 1. Definition The pay plan includes the basic salary schedule and the "Assignment of Classes to Grades and Ranges" adopted by the Council. The salary schedule consists of steps for minimum or beginning, maximum, and intervening rates of pay for all classes of positions. Section 2. Administration and Maintenance The City Manager, assisted by the Human Resource Officer shall be responsible for the administration and maintenance of the pay plan. All employees covered by the pay plan shall be paid at a rate within the salary range established for the respective position classification, except for employees in trainee status or employees whose existing salaries are above the established maximum rate following transition to a new pay plan. The pay plan is intended to provide equitable compensation for all positions, reflecting differences in the duties and responsibilities, the comparable rates of pay for positions in private and public employment in the area, changes in the cost of living, the financial conditions of the City, and other factors. To this end, from time to time the Human Resource Officer shall make comparative studies of all factors affecting the level of salary ranges and will recommend to the City Manger such changes in salary ranges as appear to be pertinent. Such assignments will be made by increasing or decreasing the assigned salary grade for the class and adjusting the rate of pay for employees in the class when the action is approved by the City Council. Section 3. Starting Salaries All persons employed in positions approved in the position classification plan shall be employed at the minimum salary of their classification in which they are employed; however, exceptionally well qualified applicants may be employed above the minimum of the established salary range upon approval of the City Manager. Section 4. Trainee Designation and Provisions Applicants being considered for employment or City employees who do not meet all of the requirements for the position for which they are being considered may be hired, promoted, demoted, or transferred to a "trainee" status. In such cases, a plan for training, including a time schedule, must be prepared by the department head. "Trainee" salaries shall be one or no (more than) two grades below the minimum salary established for the position for which the person is being trained. A new employee designated as "trainee" shall concurrently serve a probationary period. However, probationary periods shall be no less than six months and trainee periods may extend from three to eighteen months. 11 If the training is not successfully completed to the satisfaction of the City, the trainee shall be transferred, demoted, or dismissed. If the training is successfully completed, the employee shall be paid at least at the minimum rate established fo r the position for which the employee was trained. Section 5. Probationary Pay Increases Employees hired, promoted, or reclassified below the minimum rate of pay shall receive a salary increase within the pay range of approximately 5% or to the minimum rate, which ever is less, upon successful completion of the probationary period. Employees serving a twelve-month probationary period may be considered for this increase after six months of employment. Employees hired or promoted above the hiring rate of the pay table may be considered for probationary increase of up to 5% based upon performance. Section 6. Merit Pay Upward movement within the established salary range for the employee is not automatic but rather based upon specific performance-related reasons. Employees may be considered for advancement within the established salary range based on the quality of their overall performance. Procedures for determining performance levels and performance pay increases shall be established in procedures approved by the City Manager. Section 7. Merit Pay Bonus Employees who are at the top step of the salary range for their position classification are eligible to be considered for a Merit Bonus at their regular performance evaluation time. Performance bonuses shall be awarded based upon the performance of the employee as described in the performance evaluation and shall be the same percentage of annual salary as employees within the salary range with the same performance level. Merit bonuses shall be awarded in lump sum payments. Section 8. Salary Effect of Promotions, Demotions, Transfers, and Reclassifications Promotions. When an employee is promoted, the employee's salary shall normally be advanced to the minimum level of the new position, or to a salary which provides an increase of at least approximately 5% over the employee's salary before the promotion, provided, however, that the new salary may not exceed the maximum rate of the new salary range. The purpose of the promotion pay increase is to recognize and compensate the employee for taking on increased responsibility. Demotions. When an employee is demoted to a position for which qualified, the salary shall be set at the rate in the lower pay range which provides a salary commensurate with the employees' qualifications to perform the job when the demotion is not the result of discipline. If the current salary is within the new range, the employee's salary may be retained at the previous rate if appropriate. Consideration should be given to whether the employee is receiving the same pay for decreased workload or responsibility level and action should be appropriate to this consideration. If the demotion 12 is the result of discipline, the salary shall be decreased at least approximately 5%, and may be no greater than the maximum of the new range. Transfers. The salary of an employee reassigned to a position in the same class or to a position in a different class within the same salary range shall not be changed by the reassignment. Reclassifications. An employee whose position is reclassified to a class having a higher salary range shall receive a pay increase of approximately 5% or an increase to the hiring rate of the new pay range, whichever is higher. If the employee has completed probation, the employee's salary shall be advanced to at least the minimum (probation completion) amount in the new range. If the position is reclassified to a lower pay range, the employee's salary shall remain the same. If the employee's salary is above the maximum established for the new range, the salary of that employee shall be maintained at the current level until the range is increased above the employee's salary. Section 9. Salary Effect of Salary Range Revisions When a class of positions is assigned to a higher salary range, employees in that class shall receive a pay increase of at least approximately 5%, or to the hi ring rate of the new range, whichever is higher. If the employee has passed probation, the employee's salary shall be advanced at least to the minimum (probation completion) amount in the new range. When a class of positions is assigned to a lower salary range, the salaries of employees in that class will remain unchanged. If this assignment to a lower salary range the salaries of the employees in that class will remain unchanged. If the assignment to a lower class range results in an employee being paid at a rate above the maximum rate established for the new class, the salary of that employee shall be maintained at that level until such time as the employee's salary range is increased above the employee's current salary. Section 10. Transition to a New Salary Plan The following principles shall govern the transition to a new salary plan: 1) No employee shall receive a salary reduction as a result of the transition to a new salary plan. 2) All employees being paid at a rate lower than the hiring rate established for their respective classes shall have their salaries raised to the new hiring rate for their classes. 3) All employees being paid at a rate below the maximwn rate established for their respective classes shall be paid at a rate within the salary schedule 4) All employees being paid at a rate above the maximum rate established for their respective classes shall be maintained at that salary level until such time as the employees' salary range is increased above the employees' current salary. 13 Section 11. Effective Date of Salary Changes Salary changes approved after the frrst working day of a pay period shall become effective at the beginning of the next pay period or at such specific date as may be provided by procedures approved by the City Manager. Section 12. Overtim e Pay Provisions Employees of the City can be requested and may be required to work overtime hours as necessitated by the needs of the City and determined by the Department Head. To the extent that local government jurisdictions are so required, the City will comply with the Fair Labor Standards Act (FLSA). The Human Resource Officer shall determine which jobs are "non- exempt" and are therefore subject to the Act in areas such as hours of work and work periods, rates of overtime compensation, and other provisions. Non-exempt employees will be paid at a straight time rate for hours up to the FLSA established limit for their position (usually 40 hours in a 7 day period; 171 hours for police personnel in a 28 day cycle). Hours worked beyond the FLSA established limit will be compensated in either time or pay at the appropriate overtime rate. In determining eligibility for overtime in a work period, only hours actually worked shall be considered. Whenever practicable, departments will schedule time off on an hour-for-hour basis within the applicable work period for non-exempt employees, instead of paying overtime. When time off within the work period cannot be granted, overtime worked will be paid in accordance with the FLSA. In no event will vacation, sick, compensatory leave or holidays be included in the computation of hours worked for FLSA purposes. Employees in positions determined to be "exempt" from the FLSA (as Executive, Administrative, or Professional staff) will not receive pay for hours worked in excess of their normal work periods. These employees may be granted compensatory leave by their supervisor where the convenience of the department allows and in accordance with the procedures established by the City Manager. Such compensatory time is not guaranteed to be taken and ends without compensation upon separation from the organization. Section 13. Call-back The City provides a continuous twenty-four hour a day, seven day a week service to its customers. Therefore, it is necessary for certain employees to respond to any reasonable request for duty at any hour of the day or night. One of the conditions of employment with the City is the acceptance of a share of the responsibility for continuous service, in accordance with the nature of each job position. If an employee fails to respond to reasonable calls for emergency service, either special or routine, the employee shall be subject to disciplinary actions up to and including dismissal. 14 Call-back. Non-exempt employees will be guaranteed a minimum payment of two hour's wages for being called back to work outside of normal working hours. "Call-back" provisions do not apply to previously scheduled overtime work (scheduled one or more days in advance). Section 14. Payroll Deduction Deductions shall be made from each employee's salary, as required by law. Additional deductions may be made upon the request of the employee on determination by the City Manager as to capability of payroll equipment and appropriateness of the deduction. Section 15. Hourly Rate of Pay Employees working in a part-time or temporary capacity with the same duties as full-time employees will work at a rate in the same salary range as the full-time employees. The hourly rate for employees working other than 40 hours per week, such as police officers working an average 42 hours per week, will be determined by dividing the average number of hours worked scheduled per year into the annual salary for the position. Section 16. Longevity Pay Full-time employees of the City may be compensated for years of service by payment of a longevity supplement as established by the City Council. 15 ARTICLE IV. RECRUITMENT AND EMPLOYMENT Section 1. Equal Employment Opportunity Policy It is the policy of the City to foster, maintain and promote equal employment opportunity. The City shal l select employees on the basis of the applicant's qualifications for the job and award them, with respect to compensation and opportunity for training and advancement, including upgrading and promotion, without regard to age, sex, sexual orientation, race, color, religion, national origin, disability, political affiliation, marital status, or veteran status. Applicants with physical disabilities shall be given equal consideration with other applicants for positions in which their disabilities do not represent an unreasonable barrier to satisfactory performance of duties with or without reasonable accommodation. Section 2. Implementation of Equal Employment Opportunity Policy All personnel responsible for recruitment and employment will continue to review regularly the implementation of this personnel policy and relevant practices to assure that equal employment opportunity based on reasonable, job-related requirements is being actively observed to the end that no employee or applicant for employment shall suffer discrimination because of age, sex, sexual orientation, race, color, religion, disability, national origin, political affiliation, marital status, or veteran status. Notices with regard to equal employment matters shall be posted in conspicuous places on City premises in places where notices are customarily posted. Section 3. Recruitment, Selection and Appointment Recruitment Sources. When position vacancies occur, the Human Resources Officer shall publicize these opportunities of employment, including applicable salary information and employment qualifications. Information on job openings and hiring practices will be published in local, regional and minority publications and/or other news media as necessary to inform the community and create a quality and diverse pool of applicants. In addition, notice of vacancies shall be posted at designated conspicuous sites within departments and posted on electronic media. Individuals shall be recruited from a geographic area as wide as necessary and for a period of time sufficient to ensure that well- qualified applicants are obtained for City service. The l>forth Carolina Employment Security Commission shall normally be used as a recruitment source. In rare situations because of emergency conditions, high turnover, etc., the City may hire or promote without advertising jobs, upon the approval of the City Manager. Job Advertisements. Employment adYertisement shall contain assurances of equal employment opportunity, contain a statement encouraging qualified minority candidates to apply and shall comply with Federal and State statutes. Jobs will be advertised in local area newspapers, professional publications, and other relevant publications, as needed, in order to establish a diverse and qualified 16 applicant pool. Employment advertisements shall contain assurances of equal opportunity and shall comply with Federal and State statutes. Application for Employment. All persons expressing interest in employment with the City shall be given the opportunity to file an application for employment for positions which are vacant. Application Reserve File. Applications shall be kept in an inactive reserve fi le for a period of two years, in accordance with Equal Employment Opportunity Commission guidelines. Selection. Department heads with the assistance of the Human Resource Officer, shall make such investigations and conduct such examinations as necessary to assess accurately the knowledge, skills, and experience qualifications required for the position. All selection devices administered by the City shall be valid measures of job performance. Appointment. Before any commitment is made to an applicant either internal or external, the Department Head shall make recommendations to the Human Resource Officer including the position to be filled, the salary to be paid, and the reasons for selecting the candidate over other candidates. The Human Resources Officer and Department Head shall recommend approval of appointments and starting salary for all applicants to the City Manager. Section 4. Probationary Period An employee appointed or promoted to a permanent posrtlon shall serve a probationary period. Employees shall serve a six month probationary period, except that sworn police and department heads shall serve a twelve month probationary period. Employees hired as "trainees" shall remain on probation until the provisions of their traineeship are satisfied. During the probationary period, supervisors shall monitor an employee's performance and communicate with the employee concerning performance progress. Before the end of the probationary period, the supervisor shall conduct a performance evaluation conference with the employee and discuss accomplishments, strengths, and needed improvements. A summary of this discussion should be documented in the employee's personnel file. The supervisor shall recommend in writing whether the probationary period should be completed, extended, or the employee transferred, demoted, or dismissed. Probationary periods may be extended for a maximum of six additional months. Disciplinary action, including demotion and dismissal, may be taken at any time during the probationary period of a new hire without following the steps outlined in this policy. A promoted employee who does not successfully complete the probationary period may be transferred or demoted to a position in which the employee shows promise of success. If no such position is available, the employee shall be dismissed. Promoted and demoted employees who are on probation retain all other rights and benefits such as the right to use of the grievance procedures. Section S. Promotion Promotion is the movement of an employee from one position to a vacant position in a class assigned 17 to a higher salary range. It is the City's policy to create career opportunities for its employees whenever possible. Therefore, when a current employee applying for a vacant position is best suited of all applicants, that applicant shall be appointed to that position. The City will balance three goals in the employment process: 1) the benefits to employees and the organization of promotion from within; 2) providing equal employment opportunity and a diversified workforce to the community; and 3) obtaining the best possible employee who will provide the most productivity in that position. Therefore, except in rare situations where previous City experience is essential (such as promotions to Police Sergeant), or exceptional qualifications of an internal candidate so indicate, the City will consider external and internal candidates for selection rather than automatically promote from within. Candidates for promotion shall be chosen on the basis of their qualifications and their work records. Internal candidates shall apply for promotions using the same application process as external candidates. Section 6. Demotion Demotion is the movement of an employee from one position to a position in a class assigned to a lower salary range. An employee whose work or conduct in the current position is unsatisfactory may be demoted provided that the employee shows promise of becoming a satisfactory employee in the lower position. Such disciplinary demotion shall follow the disciplinary procedures outlined in this policy. Section 7. Transfer Transfer is the movement of an employee from one position to a position in a class in the same salary range. If a vacancy occurs and an employee in another department is eligible for a transfer, the employee shall apply for the transfer using the usual application process. The Department Head wishing to transfer an employee to a different department or classification shall make a recommendation to the City Manager with the consent of the receiving department head. Any employee transferred without requesting the action may appeal the action in accordance with the grievance procedure outlined in this policy. An employee who has successfully completed a probationary period may be transferred into the same classification without serving another probationary period. 18 ARTICLE V. CONDIJIONS OF EMPLOYMENT Section 1. Work Schedule Department heads shall establish work schedules, with the approval of the City Manager, which meet the operational needs of the department in the most cost effective manner possible. Section 2. Political Activity Each employee has a civic responsibility to support good government by every available means and in every appropriate manner. Each employee may join or affiliate with civic organizations of a partisan or political nature, may attend political meetings, may advocate and support the principles or policies of civic or political organizations in accordance with the Constitution and laws of the State of North Carolina and in accordance with the Constitution and laws of the United States. However, no employee shall: a) Engage in any political or partisan activity while on duty; b) Use official authority of influence for the purpose of interfering with or affecting the result of a nomination or an election for office; c) Be required as a duty of employment or as condition for employment, promotion or tenure of office to contribute funds for political or partisan purposes; d) Coerce or compel contributions from another employee of the City for political or partisan purposes; e) Use any supplies or equipment of the City for political or partisan purposes; or f) Be a candidate for nomination or election to office under the City Charter; Any violation of this section shall subject the employee to disciplinary action including dismissal. Section 3. Outside Employment The work of the City shall have precedence over other occupational interests of employees. All outside employment for salaries, wages, or commissions and all self-employment must be reported in advance to the employee's supervisor, who in turn will report it to the Department Head. The Department Head will review such employment for possible conflict of interest and decide whether to approve the work. Conflicting or unreported outside employment are grounds for disciplinary action up to and including dismissal. Documentation of the approval of outside employment will be placed in the employee's personnel file. 19 Examples of conflicts of interest in outside employment include but are not limited to: a) employment with organizations or in capacities that are regulated by the employee or employee's department; or b) employment with organizations or in capacities that negatively impact the employee's perceived integrity, neutrality, or reputation related to performance of the employee's City duties. Section 4. Dual Employment This sectioR shall be reserved for futtlfe ameRdmeRts, withm:1:t a title. The City prohibits any employee from holding more than one position with the City if the combined positions will result in the employee working more than 40 hours per week in any week of year unless approved by the City Manager. The City will consult and follow FLSA regulations in all dual employment cases to ensure that the regulations are followed. Section 5. Employment of Relatives The City prohibits the hiring and employment of immediate family in permanent positions within the same work unit. "Immediate Family" is defined in Article VII, Section 12. The City also prohibits the employment of any person into a permanent position who is an immediate family member of individuals holding the following positions: Mayor, Mayor Pro Temp, City Council member, City Manager, Finance Officer, Human Resources Officer, City Clerk, or City Attorney. Otherwise, the City will consider employing family members or related persons in the service of the City, provided that such employment does not: 1) result in a relative supervising relatives; 2) result in a relative auditing the work of a relative; 3) create a conflict of interest with either relative and the City; or 4) create the potential or perception of favoritism. This provision shall not be retroactive concerning any relative currently working for the City at the time of adoption. Section 6. Harassment Prohibited HarassmeRt OR the basis of race, color, religioR, geRder, Rational origin, age or disability constitutes discrimiRatioR. The City opposes harassmeflt by sapervisors and co '+'l'Orkers iR ar1;r form. HarassmeRt is Yerbal or physical coRdact that denigrates or shows hostility or aversioR toward an iRdiYidaal 20 beca1:1se of his or her race, color, religion, gender, national origin, age or disability or that of his or her relafr,,,es, friends or associates. The City prohibits harassment in any form that is based on race, religion, color, sex, national origin, sexual orientation, age, veteran status, marital status, political affiliation, or disability. Harassment is defined as conduct that culminates in tangible employment action or is sufficiently severe or pervasive as to create a hostile work environment. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: 1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; 2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or 3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Any employee who believes that he or she may have a complaint of harassment may follow the Grievance Procedure described in this Policy or may file the complaint directly with the City Manager, Human Resources Officer, or any Department Head who advise the Human Resource Officer of the complaint. The Human Resources Officer will insure that an investigation is conducted into any allegation of harassment and advise the employee and appropriate management officials of the outcome of the investigation. Employees witnessing harassment shall also report such conduct to an appropriate City official. Section 7. Acceptance of Gifts and Favors No official or employee of the City shall solicit or accept any gift, favor, or thing of ,1alue that may tend to influence such employee in the discharge of the employee's duties, or grant in the discharge of duty an improper fa'+'Or, service, or thing of value. The proper operation of City government requires that public officials and employees be independent, impartial, and responsible to the people; that governmental decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. Therefore, no official or employee of the City may willfully receive or accept gifts or favors of any value from vendors. This policy does not apply receipt of a gift or honorarium for participation in meetings, receipt of advertising items or souvenirs of nominal value, or gifts of food during the holidays available to all staff. 21 Section 8. Performance Evaluation Supervisors and/or Department Heads shall conduct Performance Evaluation conferences with each employee at least once a year. These performance evaluations shall be documented in writing and placed in the employee's personnel file. Procedures for the performance evaluation program shall be published by the City Manager. Section 9. Safety Safety is the responsibility of both the City and employees. It is the policy of the City to establish a safe work environment for employees. The City shall establish a safety program including policies and procedures regarding safety practices and precautions and training in safety methods. Department Heads and supervisors are responsible for insuring the safe work procedures of all employees and providing necessary safety training programs. Employees shall follow the safety policies and procedures and attend safety training programs as a condition of employment. Employees who violate such policies and procedures shall be subj ect to disciplinary action up to and including dismissal. ARTICLE VI. EMPLOYEE BENEFITS Section 1. Eligibility All full-time employees of the City are eligible for employee benefits as provided for in this policy. These benefits are subject to change at the City's discretion. Part-time and temporary employees are eligible only for worker's compensation, FICA, family and medical leave subj ect to the provisions of the family medical leave policy, participation in the Local Government Credit Union subject to credit union rules and regulations, and participation in the Local Government Employee Retirement System subject to retirement system rules and regulations. Section 2. Group Health Insurance The City wi ll provide at least one (1) group health insurance plan for full-time employees who are scheduled to work thirty (30) or more hours per week on a continuous year round basis, including dependent coverage. The City will pay individual plan cost for the employees enrolling in that plan. However, the employee will be responsible for paying the State Health Plan employee base premium. Employees will pay all of the cost for coverage of qualified dependents if the individual employee desires such coverage. Information concerning cost and benefits shall be available to all employees from the Human Resources Office. Employees who retire with at least fifteen (15) or more years of service with the City and are not yet Medicare eligible, will be provided an individual health plan comparable to the City's active group health plan. The percentage to be paid by the City is as follows: 22 15 years up to 20 years City pays 25% (applies only to employees hired prior to July O I, 20 I 7) 20 years up to 25 years 25+ years City pays 50% City pays 100% Retiree pays 75% Retiree pays 50% Employees hired on or after July O 1, 2017 will only be eligible for retiree insurance after completion of twenty (20) or more years of service with the City. Medicare eligible employees actively at work on a full time basis may remain on the group health plan provided by the City or choose to enroll in an individual Medicare health plan also provided by the City. The City will pay the individual cost for the employee. Medicare eligible retirees with at least fifteen (15) or more years of service may choose to enroll in an individual Medicare health plan provided by the City. The City will pay the individual cost for the retiree based on years of service at retirement. Disability retirees with at least fifteen (15) or more years of service will be provided an individual health plan comparable to the City's active group health plan. The City will pay the individual cost for the disabled retiree based on years of service at retirement. Once eligible for Medicare, the retiree may choose to enroll in an individual Medicare health plan. The City will pay the individual cost for the employee based on years of service at retirement. If a retiree becomes eligible and enrolls for other group health insurance through subsequent employment, the retiree will lose eligibility for any insurance plan offered by the City for the duration of the eligibility for the alternate plan. The retiree must furnish Human Resources with the appropriate documentation within thirty (30) days of enrollment. Once eligibility for the alternate plan ends, the retiree may rejoin the appropriate insurance offered by the City. They must notify Human Resources within thirty (30) days and provide documentation of the qualifying event. Section 3. Group Life Insurance The City may elect to provide group life insurance for each full-time employee subject to the stipulations of the insurance contract. Employees may elect to purchase additional coverage and/or to insure other family members under this plan at their expense subject to the stipulations of the insurance contract. Group life terminates upon separation from the City; however, an employee will have the right to an individual policy subject to the stipulations of the insurance contract. 23 Section 4. Other Optional Group Insurance Plans The City may make other group insurance plans available to employees upon authorization of the City Manager or City Council. Section 5. Retirement Each employee who is expected to work for the City more than 1,000 hours annually shall, as a condition of employment, join the North Carolina Local Government System on the effective date of hire. Employees who are already members of the State Governmental Employees' Retirement System or State Teachers' and State Employees' Retirement System at the time they are hired are enrolled in the Local Governmental Employees' Retirement System on the effective date of hire. Section 6. Supplemental Retirement Benefits The City may provide supplemental retirement benefits for its full time employees. Each law enforcement officer shall receive 401-K benefits as prescribed by North Carolina State Law and beginning on the first day of employment. Each general employee may also receive supplemental benefits on the first day of employment, as approved by the City Council. The City also offers a deferred compensation plan ( 457) for full time and part time employees eligible on the first day of employment. Section 7. Social Security The City, to the extent of its lawful authority and power, has extended Social Security benefits for its eligible groups and classes of such employees. Section 8. Workers' Compensation All employees of the City (full-time, part-time, and temporary) are covered by the North Carolina Workers' Compensation Act and are required to report all injuries arising out of and in the course of employment to their immediate supervisors at the time of the injury in order that appropriate action may be taken at once. Responsibility for claiming compensation under the Workers' Compensation Act is on the injured employee, and such claims should be fi led with the Human Resources Officer within twenty-four (24) hours of the time of the injury. The Human Resources Officer will file the claim with the Industrial Commission. 24 Section 9. Unemployment Compensation In accordance with Public Law 94-566 and subsequent amendments, local governments are covered by unemployment insurance. City employees who are terminated due to a reduction in force or released from City service may apply for benefits through the local Employment Security Commission office, where a detem1ination of eligibility will be made. Section 10. Tuition Assistance Program Full-time employees who have completed initial probation may apply for tuition reimbursement for courses taken on their own time, which will improve their skills for their current job or prepare them for promotional opportunities within the City service. Tujtion, registration, fees, laboratory fees, and student fees are eligible expenses. Employees may be reimbursed eligible expenses up to a total of one-thousand dollars ($1000) per fiscal year. Satisfactory completion of the courses will be required for reimbursement. Requests for tuition assistance shall be submitted to the Department Head prior to course registration and are subject to the review and approval of Department Head and City Manager, subject to availability of funds. Section 11. Wellness All City employees are eligible for a no cost membership at the P.K. Vyas Center for use of the exercise facilities. All employees covered by the City's group health insurance plan are eligible for up to four (4) hours of paid time annually to use for an annual physical. 25 ARTICLE VII. HOLIDAYS AND LEAVES OF ABSENCE Section 1. Policy The policy of the City is to provide vacation, sick leave, and holiday leave to all full-time employees, and to provide proportionately equivalent amounts to employees having average work weeks of different lengths. Leave balances should accrue with each bi-weekly payroll at a pro-rated amount when employees work or are on a paid leave status. Leave balances should be printed on payroll checks or provided to employees with each paycheck, including net accrued sick leave, vacation, holiday leave, and compensatory leave. Compensatory time must be exhausted before any accrued vacation or sick leave. Section 2. Holidays The City of Dunn will follow the holiday schedule as observed by the State of North Carolina and employee birthday and as may be amended by the State. City staff will be notified of the schedule each calendar year. In order to receive a paid holiday, an employee must have worked the day before and the day after the holiday(s), or have been given approved leave. Section 3. Holidays: Effect on Other Types of Leave Regular holidays which occur during a vacation, sick or other leave period of any employee shall not be considered as vacation, sick, or other leave. Section 4. Holidays: Compensations When Work is Required or Regularly Scheduled Off for Shift Personnel Shift employees required to perform work on regularly scheduled holidays may be granted compensatory time off or be paid at their hourly rate for hours actually worked in addition to any holiday pay to which they are entitled. If a holiday falls on a regularly scheduled off-duty day for shift personnel, the employee shall receive the hours for paid holiday leave at another time. Section 5. Vacation Leave Vacation leave is intended to be used for rest and relaxation, and may be used for medical appointments and other personal needs. Section 6. Vacation Leave: Use by Probationary Employees Employees serving a probationary period following initial employment may accumulate vacation leave but shall not be permitted to take vacation leave during the probationary period. Employees shall be allowed to take accumulated vacation leave after six months of service. 26 Section 7. Vacation Leave: Accrual Rate Each full time employee of the City shall earn annual leave at the following schedule, prorated by the average number of hours in the workweek: Years of Service Less than 2 2 -4 5 -9 10 -14 15 -19 20 -24 25 or more Hours Accrued Per Year 80 (2 weeks) 96 (2 weeks, 2 days) 120 (3 weeks) 144 (3 weeks, 3 days) 152 (3 weeks, 4 days) 160 (4 weeks) 200 (5 weeks) Hours Accrued Per Month 6.67 8.00 10.00 12.00 12.67 13.33 16.67 Unused accumulated vacation in excess of 240 hours is rolled over to sick time; Accumulated sick time can be used to retire early. Beginning January 1, 2024, vacation leave will be issued at each pay period at a rate of the employee's yearly accrual total divided by 26. This disbursement will equal the employee's monthly accrual time based upon their years of service as listed above. Section 8. Vacation Leave: Maximum Accumulation Vacation leave may be accumulated without any applicable maximum until December 31 of each year. Effective the last payroll in the calendar year, any employee with more than 240 hours of accumulated leave shall have the excess accumulation removed so that only 240 hours are carried forward to January 1 of the next calendar year. Employees may have the entire amount of excess vacation ( over 240 hours) converted to sick leave for retirement purposes. Employees are cautioned not to retain excess accumulated vacation leave until late in the year. Because of the necessity to keep all functions in operation, large numbers of employees cannot be granted vacation leave at any one time. If an employee has excess leave accumulation during the latter part of the year and is unable to take such leave because of staffing demands, the employee shall receive no special consideration either in having vacation leave scheduled or in receiving any exception to the maximum accumulation. Section 9. Vacation Leave: Manner of Taking Employees shall be granted the use of earned vacation leave upon request in advance at those times designated by the Department Head which will least obstruct normal operations of the City. Department heads are responsible for insuring that approved vacation leave does not hinder the effectiveness of service delivery. Failure to request or take vacation leave without prior approval may result in disciplinary action. Employees will exhaust accrued compensatory time before using accrued vacation leave. 27 Section 10. Vacation Leave: Payment upon Separation An employee who has successfully completed six months of the probationary period will normally be paid for accumulated vacation leave upon separation not to exceed 30 days, provided notice is given to the supervisor at least two weeks in advance of the effective date of resignation. Any employee failing to give the notice required by this section shall forfeit payment for accumulated leave. The notice requirement may be waived by the City Manager when deemed to be in the best interest of the City. Section 11. Vacation Leave: Payment upon Death The estate of an employee who dies while employed by the City shall be entitled to payment of all the accumulated vacation leave credited to the employee's account not to exceed the maximums established in Section 8 of this Article. Section 12. Sick Leave Sick leave may be granted to a probationary or regular employee absent from work for any of the following reasons: sickness, bodily injury, required physical or dental examinations or treatment, or exposure to a contagious disease, when continuing work might jeopardize the health of others. Sick leave may be used when an employee must care for a member of his or her immediate family who is ill. Sick leave may also be used for death in the employee's immediate family, but may not exceed three days for any single occurrence. Additional leave time required for such occurrence may be charged to vacation or other approved leave when approved by the department head and/or City Manager. Sick leave may also be used to supplement Workers' Compensation Disability Leave both during the waiting period before Workers' compensation benefits begin, and afterward to supplement the remaining one-third of salary, except that employee may not exceed the regular salary amount using this provision. "Immediate family" shall be defined as spouse, child, parent or step-parent, brother, sister, grandparent, grandchild, son-in-law or daughter-in-law of the employee or spouse of the employee, or guardian. Policy for taking sick leave: Notification of the desire to take sick leave should be submitted to the employee's supervisor prior to the leave, but in any event, the employee's immediate supervisor must be contacted no later than one (1) hour after the beginning of the scheduled workday; calling the department is not sufficient. Employees will exhaust accrued compensatory time before using accrued sick leave. 28 Section 13. Sick Leave: Accrual Rate and Accumulation Sick leave shall accrue at a rate of one day per month of service or twelve days per year. Beginning January 1, 2024, sick leave will be issued at 4 hours for each of the 1st and 2nd pay dates of each month., for a total of 24 times per year. This disbursement will equal the one day per month accrual. Sick leave for full-time employees working other than the basic work schedule shall be pro-rated as described in this Article. Sick leave will be cumulative for an indefinite period of time and may be converted upon retirement for service credit consistent with the provisions of the North Carolina Local Government Employees' Retirement System. Any fu ll-time employee with the City of Dunn may convert the actual unused accrued amount of sick leave time to their years of service for service credit with the Local Government Employees' Retirement System, but this converted unused accrued sick leave will not be applied in determining years of service for purposes of Employee Benefits under Article VI. All sick leave accumulated by an employee shall end and terminate without compensation when the employee resigns or is separated from the City, except as stated for employees retiring or terminated due to reduction in force. Employees hired after January 01 , 1990 may transfer up to five hundred (500) hours of sick leave accrued from a previous job, provided that employer is a member of the North Carolina State Government Employee's Retirement System. Employees must obtain a letter certifying the accumulated leave from the previous employer. The leave must comply with all requirements of the State Retirement System. Section 14. Sick Leave: Medical Certification The employee's supervisor or Department Head may require a physician's certificate stating the nature of the employee's or family member's illness and the employee's capacity to resume duties, for each occasion on which an employee uses sick leave or whenever the supervisor observes a "pattern of absenteeism." Absences in excess of five (5) days will require a physician's note due to the City's obligation to designate an employee eligible for Family Medical Leave. The employee may be required to submit to such medical examination or inquiry as the Department Head deems desirable. The Department Head shall be responsible for the application of this provision to the end that: 1) Employees shall not be on duty when they might endanger their health or the health of other employees; and 2) There will be no abuse of leave privileges. Claiming sick leave under false pretense to obtain a day off with pay shall subject the employee to discipli nary action up to and including dismissal. 29 Section 15. Shared Leave Program The City offers a Shared Leave Program to permanent full time employees who have completed twelve (12) consecutive months of employment. The leave may be requested after the employee has exhausted all paid leave (sick, vacation and compensatory time). Shared Leave is to assist employees or an immediate family member who has a serious health condition which requires the employee to be absent from work for more than one (1) pay period. For more information, refer to the Shared Leave Policy available in the Human Resources Office. Section 16. Leave Pro-rated Holiday, annual, and sick leave earned by full-time employees with fewer or more hours than the basic work week shall be determined by the following formula: 1) The number of hours worked by such employees shall be divided by the number of hours in the basic work week (usually 40 hours). 2) The proportion obtained in step 1 shall be multiplied by the number of hours of leave earned annually by employees working the basic work week. 3) The number of hours in step 2 divided by 12 shall be the number of hours of leave earned monthly by the employees concerned. Section 17. Family and Medical Leave The City will grant up to 12 weeks of family and medical leave per "rolling" 12 month period, measured backward from the date you used FMLA leave, to eligible employees in accordance with the Family and Medical Leave Act of 1993 (FMLA). The leave may be paid ( coordinated with the City's Vacation and Sick Leave policies), unpaid, or a combination of paid and unpaid. Unpaid leave will be granted only when the employee has exhausted all appropriate types of paid leave. Additional time away from the job beyond the 12 week period may be approved in accordance with the City's Leave without Pay policy. To qualify for FMLA coverage, the employee must have worked for the employer 12 months or 52 weeks; these do not have to be consecutive. However, the employee must have worked 1,250 hours during the twelve month period immediately before the date when the FMLA time begins. Family and medical leave can be used for the following reasons: 1. the birth of a child and in order to care for that child; 2. the placement with an employee of a child for adoption or foster care; 3. to care for a spouse, child, or parent with a serious health condition; 30 4. the serious health condition of the employee; or 5. for qualifying military exigencies arising out of the fact that the employee's spouse, son, daughter, or parent is on active duty or call to active duty status as a member of the National Guard or Reserves in support of a contingency operation. Leave will also be granted for an employee who is a spouse, son, daughter, parent, or next of kin of a current member of the Armed Forces, including a member of the National Guard or Reserves, with a serious injury or illness up to a total of 26 workweeks of unpaid leave during a "single 12-month period" to care for the service member. A serious health condition is defined as a condition which requires inpatient care at a hospital, hospice, or residential medical care facility, or a condition which requires continuing care by a licensed health care provider. Thjs policy covers i Uness of a serious and long-term nature resulting in recurring or lengthy absences. Generally, a chronic or long term health condition which results in a period of incapacity of more than three days would be considered a serious health condition. If a husband and wife both work for the City and each wishes to take leave for the birth of a chlld, adoption or placement of a child in foster care, or to care for a parent (not parent in-law) with a serious health condition, the husband and wife together may only take a total of 12 weeks leave under FMLA. An employee taking leave for the birth of a child may use paid sick leave for the period of actual disability, based on medical certification. The employee shall then use all paid vacation for the remainder of the 12 week period. The request for the use of leave must be made in writing by the employee and approved by the department head or City Manager. An employee who takes leave under this policy will return to the same job or a job with equivalent status, pay, benefits, and other employment terms. The position will be the same or one which entails substantially equivalent skill, effort, responsibility, and authority. Section 18. Medical and Family Leave -Certification In order to qualify for leave under this law, the City requires medical certification. This statement from the employee's or the family member's physician should include the date when the condition began, its expected duration, diagnosis, and brief statement of treatment. For the employee's own health condition, it should state that the employee is unable to perform the essential functions of his/her position. For a seriously ill farruly member, the certification must include a statement that the patient requires assistance and the employee's presence would be beneficial or desirable. This certification should be furnished at least 30 days prior to the needed leave unless the employee's or family member's condition is a sudden one. The certification should be furnished as soon as 31 possible (no longer than 15 days from the date of the employee's request). The certification and request must be made to the department head and filed with the City Manager. The employee is expected to return to work at the end of the time frame stated in the medical certification, unless he/she has requested additional time in writing under the City's Leave Without Pay policy. Section 19. Leave Without Pay A full or part-time employee may be granted a leave of absence without pay for a period of up to twelve months by the City Manager. The leave shall be used for reasons of personal disability after both sick leave and vacation have been exhausted, sickness or disability of immediate family members, continuation of education, special work that will permit the City to benefit by the experience gained or the work performed, or for other reasons deemed justified by the City Manager. The employee shall apply in writing to the supervisor for leave. The employee is obligated to return to duty within or at the end of the time determined appropriate by the City Manager. Upon returning to duty after being on leave without pay, the employee shall be entitled to return to the same position held at the time leave was granted or to one of like classification, seniority, and pay. If the employee decides not to return to work, the supervisor shall be notified immediately. Failure to report at the expiration of a leave of absence, unless an extension has been requested, shall be considered a resignation. Section 20. Family Medical Leave and Leave Without Pay: Retention and Continuation of Benefits When an employee is on leave under FMLA (maximum of 12 weeks in a year), the City will continue the employee's health benefits during the leave period at the same level and under the same conditions as if the employee had continued to work. If an employee chooses not to return to work for reasons other than a continued serious health condition, the City will require the reimbursement of the amount paid for the employee's health insurance premium during the FMLA leave period. Other insurance and payroll deductions are the responsibility of the employee and the employee must make those payments for continued coverage of that benefit. An employee shall retain all unused vacation and sick leave while on Leave Without Pay. An employee ceases to earn leave credits on the date leave without pay begins. The employee may continue to be eligible for benefits under the City's group insurance plans at his or her own expense, subject to any regulation adopted by the Commissioners and the regulations of the insurance carrier. 32 Section 21. Workers' Compensation Leave An employee absent from duty because of sickness or disability covered by the North Carolina Workers' Compensation Act may elect to use accrued sick leave or vacation during the first waiting period. The employee may also elect to supplement workers' compensation payments after they begin with sick leave, vacation, or compensatory time, provided that the combination of leave supplement and workers' compensation payments does not exceed normal compensation. An employee on workers' compensation leave may be permitted to continue to be eligible for benefits under the City's group insurance plans. When worker's compensation leave extends long enough for the waiting period to be reimbursed, the employee shall return the reimbursement check to the City and have leave hours reinstated for all time covered by paid leave. In such cases, the City will pay the employee for any unpaid time that is owed the employee. 33 Section 22. Military Leave Regular employees who are members of an Armed Forces Reserve organization or National Guard shall be granted two calendar weeks per year for military leave without pay. On rare occasions due to annual training being scheduled on a federal fiscal year basis, an employee may be required to attend two periods of training in one calendar year. For this purpose only, an employee shall be granted an additional ten days of military leave during the same calendar year. If the compensation received while on military leave is less than the salary that would have been earned during this same period as a City employee, the employee shall receive partial compensation equal to the difference. The effect will be to maintain the employee's salary at the normal leave during this period. If such duty is required beyond these ten workdays, the employee shall be eligible to take accumulated vacation leave or be placed in a leave without pay status, and the provisions of that leave shall apply. While taking military leave, the employee's leave credits and other benefits shall continue to accrue as if the employee physically remained with the City during this period. Employees who are eligible for military leave have all job rights specified by the Vietnam Veterans Readjustment Act. Section 23. Reinstatement Following Military Service. An employee called to extended active duty with the United States military forces, who does not volunteer for service beyond the period for which called, shall be reinstated with full benefits provided the employee: 1) applies for reinstatement within ninety days after the release from military service; and 2) is able to perform the duties of the former position or similar position; or 3) is unable to perform the duties of the former position or a similar position due to disability sustained as a result of the military service, but is able to perform the duties of another position in the service of the City. In this case the employee shall be employed in such other position as will provide the nearest approximation of the seniority, status, and pay which the employee otherwise would have been provided, if available. Section 24. Civil Leave A City employee called for jury duty or as a court witness for the federal or state governments, or a subdivision thereof, shall receive leave with pay for such duty during the required absence without charge to accumulated leave. The employee may keep fees and travel allowances received for jury or witness duty in addition to regular compensation; except, that employees must turn over to the City any witness fees or travel allowance awarded by that court for court appearances in connection with official duties. While on civil leave, benefits and leave shall accrue as though on regular duty. 34 Section 25. Parental School Leave A City employee who is a parent, guardian, or person standing in loco parentis (in place of the parent) may take up to four hours of unpaid leave annually to involve him or herself in school activities of his or her child(ren). This leave is subject to the three following conditions: 1) The leave must be taken at a time mutually agreed upon by the employee and the City; 2) The City may require the employee to request the leave in writing at least 48 hours prior to the time of the desired leave; and 3) The City may require written verification from the child's school that the employee was involved at the school during the leave time. Paid leave (vacation time) taken by an employee to attend school activities of his or her child shall count toward the fulfillment of this provision by the City. 35 ARTICLE VIII. SEPARATION AND REINSTATEMENT Section 1. Types of Separations All separations of employees from positions in the service of the City shall be designated as one of the following types and shall be accomplished in the manner indicated: Resignation, reduction in force, disability, voluntary retirement, dismissal, or death. Section 2. Resignation An employee may resign by submitting the reasons for resignation and the effective date in writing to the immediate supervisor as far in advance as possible. In all instances, the minimum notice requirement is two weeks. Failure to provide minimum notice shall result in forfeit of payment for accumulated annual leave unless the notice is waived upon recommendation of the Department Head and approved by the City Manager. Three consecutive days of absence without contacting the immediate supervisor or Department Head may be considered to be a voluntary resignation. Sick leave will only be approved during the final two weeks of a notice with a physician's certification or comparable documentation. Section 3. Reduction in Force. In the event that a reduction in force becomes necessary, consideration shall be given to the quality of each employee's performance, organizational needs, and seniority in determining those employees to be retained. Employees who are separated because of a reduction in force shall be given at least two weeks notice of the anticipated action. No regular employee shall be separated because of a reduction in force while there are temporary or probationary employees serving in the same class in the department, unless the regular employee is not willing to transfer to the position held by the temporary or probationary employee. Section 4. Disability The City will comply with the Americans with Disabilities Act and will make all responsible efforts to provide reasonable accommodation to employees who may be or become disabled. An employee who cannot perform the essential duties of a position because of a physical or mental impairment may be separated for disability. Action may be initiated by the employee or the City. In cases initiated by the employee, such action must be accompanied by medical evidence acceptable to the City Manager. The City may require an examination, at the City's expense, performed by a physician of the City's choice. Section 5. Voluntary Retirement An employee who meets the conditions set forth under the provision of the North Carolina Local Government Employee's Retirement System may elect to retire and receive all benefits earned under the retirement plan. 36 Section 6. Death Separation shall be effective as of the date of death. All compensation due shall be paid to the estate of the employee. Section 7. Dismissal An employee may be dismissed in accordance with the provisions and procedures of Article IX. Section 8. Reinstatement An employee who is separated because of reduction in force may be reinstated within one year of the date of separation, upon recommendation of the Department Head, and upon approval of the City Manager. An employee who is reinstated in this manner shall be re-credited with his or her previously accrued sick leave. Section 9. Rehiring An employee who resigns while in good standing may be rehired with the approval of the City Manager, and may be regarded as a new employee, subject to all of the provisions of rules and regulations of this Policy. An employee in good standing who is separated due to a reduction in force shall be given the first opportunity to be rehired in the same or a similar position. 37 ARTICLE IX. UNSATISFACTORY JOB PERFORMANCE AND DETRIMENTAL PERSONAL CONDUCT Section 1. Disciplinary Action for Unsatisfactory Job Performance A regular employee may be placed on disciplinary suspension, demoted, or dismissed for unsatisfactory job performance, if after following the procedure outlined below, the employee's job performance is still deemed to be unsatisfactory. All cases of disciplinary suspension, demotion, or dismissal must be approved by the City Manager prior to giving final notice to the employee. Section 2. Unsatisfactory Job Performance Defined Unsatisfactory job performance includes any aspects of the employee's job which are not performed as required to meet the standards set by the Department Head and/or City Manager. The Department Head and/or the City Manager shall have the absolute discretion in determining what constitutes unsatisfactory job performance. Section 3. Communication and Warning Procedures Preceding Disciplinary Action for Unsatisfactory Job Performance When an employee's job performance is unsatisfactory, or when incidents or inappropriate actions warrant, the supervisor shall meet with the employee as soon as possible in one or more counseling sessions to discuss specific performance problems. A brief summary of these counseling sessions shall be noted in the employee's file by the supervisor. An employee whose job performance is unsatisfactory over a period of time should normally receive at least two warnings from the supervisor one of which may be a final written warning, before di sciplinary action resulting in dismissal is taken. In each case, the supervisor should record the dates of discussion with the employee, the performance deficiencies discussed, the corrective action recommended, and the time limits set. If the employee's performance continues to be unsatisfactory, then the supervisor should use the following steps: 1) A final written warning from the supervisor serving notice upon the employee that corrected performance must take place immediately in order to avoid suspension, demotion, or dismissal, or other disciplinary action as appropriate. 2) If performance does not improve within the stated time period, a written recommendation should be sent to the Department Head or Human Resources Officer and approved by the City Manager. For disciplinary action such as suspension, demotion, dismissal or other disciplinary action as appropriate. Disciplinary suspensions should not generally exceed three days (24 hours). 3) If a Department Head, after consultation with the Human Resource Officer and 38 approval by the City Manager, shall dete1mine that any particular singular or cumulative action or inaction, such as suspension or demotion, without the prior provisions of this Section having been complied with, and without prior written warning, then nothing herein shall prevent the City Manager from taking such disciplinary actions as he or she determines in his or her absolute and sole discretion. 4) Before issuing a written warning, suspension or termination, the supervisor or Department Head should consult with the Human Resource Officer to ensure that the disciplinary process is being administered fairly and appropriately in response to the detrimental personal conduct or unsatisfactory job performance. The written warning, suspension or termination will be in effect only after approved, signed and dated by the City Manager. Section 4. Disciplinary Action for Detrimental Personal Conduct With the approval of the City Manager, an employee may be placed on di sciplinary suspension, demoted, or dismissed without prior warning for causes relating to personal conduct detrimental to City service where: 1) the employee's conduct affects discipline, morale, or fosters disharmony in the workplace such that the efficiency or operation of the department is impaired, or in order to: 2) avoid undue disruption of work; 3) to protect the safety of persons or property; or 4) for other reasons determined in the sole discretion of the City Manager. Disciplinary suspension should not normally exceed one work week (usually 40 hours) Section 5. Detrimental Personal Conduct Defined Detrimental personal conduct includes but is not limited to, behavior of such a serious detrimental nature that the functioning of the City may be or has been impaired; the safety of persons or property may be or have been threatened; or the laws of any government may be or have been violated. The public trust of the functioning and/or operation of the City may be or has been compromised; or any behavior, action or inaction, in the absolute and sole discretion of the Department Head and/or the City Manager. 39 Examples of detrimental personal conduct include, but are not limited to the following: 1. Fraud, theft or other illegal activities; 2. Conviction of a felony; 3. Falsification of records for personal profit, to grant special privileges, or to obtain employment; 4. Willful misuse or gross negligence in the handling of City funds or personal use of equipment or supplies; 5. Violation of the City's Technology Appropriate Use Policy. 6. Willful or wanton damage or destruction to property; 7. Willful or wanton acts that endanger the lives and property of others; 8. Possession of unauthorized firearms or other lethal weapons on the job; 9. Violence or other aggressive, threatening, intimidating, or disruptive behaviors; 10. Reporting to work under the influence of alcohol or drugs, or partaking of such while on duty. Prescribed medication may be taken within the limits set by a physician as long as medically necessary; 11. Engaging in incompatible employment or serving a conflict of interest; 12. Harassment or discriminatory actions of an employee or the public as defined by policy; 13. Willful violations of the Federal/State law or regulation of City policies; 14. Engaging in acts during or outside hours that negatively affect the City, the image of the City, or negatively affect the relationship between the employee and the City, or the employee and other co-workers; 15. Insubordination. 16. Stated refusal to perform assigned duties, flagrant violation of work rules and regulations, or serious malfeasance of work. Section 6. Pre-dismissal Conference. Before dismissal action is taken, whether for failure in personal conduct or failure in performance of duties, or for any other matter determined to be cause for dismissal, in the sole and absolute discretion of the City Manager, the City Manager or the Department Head at the discretion of the City Manager will conduct a pre-dismissal conference. At this conference, the employee may present any oral or written response to the proposed dismissal to the City Manager or Department Head. The City Manager or Department Head will consider the employee's response, if any to the proposed dismissal, as well as any other matter that the City Manager or Department Head deems relevant in determining whether or not the employee should be dismissed. The Department Head or City Manager shall not be required to produce witnesses, testimony documentation or any other form of evidence during the pre-dismissal conference. The sole purpose for the pre-dismissal conference is to allow the employee an opportunity to present anything that he or she would like for the Department Head or City Manager to consider in their deliberations of whether or not the employee should be dismissed. 40 If the pre-dismissal conference is conducted by a Department Head, he or she shall make a recommendation to the City Manager of whether or not to dismiss the employee, take some other form of disciplinary action, or to take no disciplinary action at all. This recommendation shall be in the form of a conference between the Department Head and the City Manager. If the pre-dismissal conference is conducted by the Department Head, the City Manager may, at his or her discretion, conduct a follow up conference with the employee prior to making his or her decision on dismissal of the employee. Within three (3) days following the pre-dismissal conference, the City Manager shall notify the employee, in writing, of his or her decision on whether or not to dismiss the employee. The City Manager shall not be required to include in this notification any statement or reasons for his or her decision. The decision of the City Manager shall be final and shall not be subject to any further appeal by the employee. Section 7. Non-Disciplinary Suspension During the investigation, hearing, or trial of an employee on any criminal charge, or during an investigation related to alleged detrimental personal conduct, or during the course of any civil action involving an employee, when suspension would, in the opinion of the Department Head, be in the best interest of the City, the Department Head may suspend with or without pay, the employee for part or all of the proceedings as a non-disciplinary action. In such cases, the City Manager may: 1) Temporarily relieve the employee of all duties and responsibilities and place the employee on paid or unpaid leave for the duration of the suspension, or 2) Assign the employee new duties and responsibilities and allow the employee to receive such compensation as is in keeping with the new duties and responsibilities. If the employee is reinstated following the suspension, such employee shall not lose any benefits to which otherwise the employee would have been entitled had the suspension not occurred. If the employee is terminated following suspension, the employee shall not be eligible for any pay from the date of suspension; provided, however, all other benefits with the exception of accrued annual leave and sick leave shall be maintained during the period of suspension. Section 8. Reserved without title, adopted February 22, 2006 by City Council Section 9. Substance Abuse Policy The City has established policies and procedures related to employee substance abuse in order to insure the safety and well-being of citizens and employees, and to comply with any state, federal, or other laws and regulations. All employees shall comply with all of the terms and conditions set forth in these policies and procedures as the same currently exists or as they may be modified in the future. 41 ARTICLE X. GRIEVANCE PROCEDURE AND ADVERSE ACTION APPEAL Section 1. Policy It is the policy of the City to provide a fair and equitable procedure for the presentation, consideration, and disposition of employee grievances. The purpose of this article is to outline the procedure and to assure all employees that a response to their complaints and grievances will be prompt and fair. Employees utilizing the grievance procedures shall not be subjected to retaliation or any form of harassment from supervisors or employees for exercising their rights under this policy. Supervisors or other employees who violate this policy shall be subject to disciplinary action up to and including dismissal from City service. Section 2. Grievance Defined A grievance is a claim or complaint by an employee based upon an event or condition, which affects the circumstances under which an employee works, allegedly caused by misinterpretation, unfair application, or lack of established consistent policy pertaining to employment conditions. Specifically excluded from the definition of a grievance are all disciplinary matters, including, but not limited to the suspension, demotion or dismissal of the employee, except as provided in section 6 of this Article X. Section 3. Purposes of the Grievance Procedure The purposes of the grievance procedure include, but are not limited to: 1) Providing employees with a procedure by which their complaints can be considered promptly, fairly, and without reprisal; 2) Encouraging employees to express themselves about the conditions of work which affect them as employees; 3) Promoting better understanding of policies, practices, and procedures which affect employees; 4) Increasing employees' confidence that personnel actions taken are in accordance with established, fair, and uniform policies and procedures; and 5) Increasing the sense of responsibility exercised by supervisors in dealing with their employees. 42 6) Encouraging conflicts to be resolved between employees and supervisors who must maintain an effective future working relationship, and therefore, encouraging conflicts to be resolved at the lowest level possible in the chain of command; and 7) Creating a work environment free of continuing conflicts, disagreements, and negative feelings about the City or its leaders, thus freeing up employee motivation, productivity, and creativity. Section 4. Procedure When an employee has a grievance, the following successive steps are to be taken unless otherwise provided. The number of calendar days indicated for each step should be considered the maximum, unless otherwise provided, and every effort should be made to expedite the process. However, the time limits set forth may be extended by mutual consent. However, neither the City nor the employee is obligated to consent to such an extension. The last step initiated by an employee shall be considered to be the step at which the grievance is resolved. Informal Resolution. Prior to the submission of a formal grievance, the employee and supervisor should meet to discuss the problem and seek to resolve it informally. Either the employee or the supervisor may involve the Human Resources Officer as a resource to help resolve the grievance. Mediation may be used at any step in the process and is encouraged. Mediation is the neutral facilitation of the conflict between or among parties where the facilitator helps the parties find a mutually agreeable outcome. Formal Resolution Step 1. If no resolution to the grievance is reached informally, the employee who wishes to pursue a grievance shall present the grievance in writing to their supervisor. If the supervisor is the person against whom the grievance is filed, the employee should present the grievance to the next level supervisor. The grievance must be presented within seven calendar days of the event or within seven calendar days of learning of the event or condition. A grievance is "presented" when it is received by the appropriate supervisory official and must contain specific allegations as to the cause of and basis for the grievance. The supervisor shall respond to the grievance within ten calendar days after receipt of the grievance. The supervisor should, and is encouraged to, consult with any employee of the City in order to reach a correct, impartial, fair and equitable determination or decision concerning the grievance. Any employee consulted by the supervisor is required to cooperate to the fullest extent possible. The response from the supervisor for each step in the formal grievance process shall be in writing and signed by the supervisor. In addition, the employee shall sign a copy to acknowledge receipt thereof. The respond er at each step shall send copies of the grievance and response to the Human Resource Officer. 43 Step 2. If the grievance is not resolved to the satisfaction of the employee by the supervisor, the employee may appeal, in writing, to the next level supervisor (Division Head, Department Head, City Manager, etc. within seven calendar days after receipt of the response from Step 1. The next level supervisor shall respond to the appeal, stating the determination of decision within ten calendar days after receipt of the appeal. Step 3. If the grievance is not resolved to the satisfaction of the employee at the end of Step 2, the employee may appeal, in writing, to the City Manager within seven calendar days after receipt of the response from Step 2. The City Manager shall respond to the appeal, stating the determination of decision within fourteen calendar days after receipt of the appeal. The City Manager's decision shall be the final decision. Section 5. Role of the Human Resources Officer Throughout the grievance procedure, the roles of the Human Resources Officer shall be as follows: 1. To advise parties (including employees, supervisors, and City Manager) of their rights and responsibilities under this policy, including interpreting the grievance and other policies for consistency of application; 2. To be a clearinghouse for information and decisions in the matter including maintaining files of all grievance documents. 3. To give notice to parties concerning timetables of the process, etc.; 4. To facilitate the resolution of conflicts in the procedures or of the grievance at any step in the process; and 5. To help locate mediation or other resources as needed. Section 6. Grievances and Adverse Action Appeal Procedure for Discrimination When an employee, former employee, or applicant, believes that any employment action discriminates illegally (ie. is based on age, sex, sexual orientation, race, color, national ongm, religion, creed, political affiliation, non-job related handicap, veteran status, or marital status), he or she has the right to appeal such action using the grievance procedure outlined in this Article (Section 4 above). While such persons are encouraged to use the grievance procedure, they shall also have the right to initiate an appeal directly to the City Manager who shall make a final decision as in a Step 3 grievance. Employment actions subject to appeal because of discrimination include promotion, demotion, disciplinary action, transfer, lay off, failure to hire, or termination of employment. 44 An employee or applicant should appeal an alleged act off discrimination within thirty calendar days of the alleged discriminatory action. Section 7. Reserved for future amendments, without title. Adopted by City Council February 22, 2006 4 5 ARTICLE XI. RECORDS AND REPORTS Section 1. Public Information In compliance with GS 160A-168, the following information with respect to each City employee is a matter of public record: name; age; date of original employment or appointment to the service; current position title; current salary; date and amount of the most recent increase or decrease in salary; date of the most recent promotion, demotion, transfer, suspension, separation, or other change in position classification; and the office to which the employee is currently assigned. Any person may have access to this information for the purpose of inspection, examination, and copying, during regular business hours, subject only to such rules and regulations for the safekeeping of public records as the City may adopt. Section 2. Access to Confidential Records All information contained in a City employee's personnel fi le, other than the information mentioned above is confidential and shall be open to inspection only in the following instances: 1) The employee or his/her duly authorized agent may examine all portions of his/her personnel file except letters of reference solicited prior to employment, and information concerning a medical disability, mental or physical, that a prudent physician would not divulge to the patient. 2) A licensed physician designated in writing by the employee may examine the employee's medical record. 3) A City employee having supervisory authority over the employee may examine all material in the employee's personnel file. 4) By order of a court of competent jurisdiction, any person may examine all material in the employee's personnel file. 5) An official of an agency of the State or Federal Government, or any political subdivision of the State, may inspect any portion of a personnel file when such inspection is deemed by the City Manager to be necessary and essential to the pursuit of a proper function of the inspecting agency, but no information shall be divulged for the purpose of assisting in a criminal prosecution of the employee, or for the purpose of assisting in an investigation of the employee's tax liability. However, the official having custody of the personnel records may release the name, address, and telephone number from a personnel fi le for the purpose of assisting in a criminal investigation. 46 6) An employee may sign a written release to be placed in his/her personnel file that permits the record custodian to provide, either in person, by telephone, or by mail, information specified in the release to prospective employers, educational institutions, or other persons specified in the release. 7) The City Manager, with the concurrence of the City Council may inform any person of the employment, nonemployment, promotion, demotion, suspension or other disciplinary action, reinstatement, transfer, or termination of a City employee, and the reasons for that action. Before releasing that information, the City Manager shall determine in writing that the release in essential to maintaining the level and quality of City services. The written determination shall be retained in the City Manager's office, is a record for public inspection, and shall become a part of the employee's personnel file. Section 3. Personnel Actions The Human Resources Officer, with the approval of the City Manager will prescribe necessary forms and reports for all personnel actions and will retain records necessary for the proper administration of the personnel system. The official personnel fi les are those which are maintained by the Human Resources Officer. These files shall contain documents such as employment applications and related materials, records of personnel actions, documentation of employee warnings, disciplinary actions, performance evaluations, retirement and insurance records, letters of recommendation, and other personnel -related documents. Any documents not contained in these files or maintained as designated by the Human Resources Officer is not an official part of the personnel file. Section 4. Records of Former Employees The provisions for access to records apply to former employees as they apply to present employees. Section 5. Remedies of Employees Objecting to Material in File An employee who objects to material in his/her file may place a statement in the file relating to the material considered to be inaccurate or misleading. The employee may seek removal of such material in accordance with established grievance procedures. Section 6. Penalties for Permitting Access to Confidential Records Section 160A-168 of the General Statues provides that any public official or employee who knowingly and willfully permits any person to have access to any confidential information contained in an employee personnel file, except as expressly authorized by the designated custodian, is guilty of a misdemeanor and upon conviction shall be fined in an amount consistent with the General Statutes. 47 Section 7. Examining and/or Copying Confidential Material without Authorization Section l 60A-168 of the General Statutes of North Carolina provides that any person, not specifically authorized to have access to a personnel file designated as confidential, who shall knowingly and willfully examine in its official fi ling place, remove or copy any portion of a confidential personnel file shall be guilty of a misdemeanor and upon conviction shall be fi ned consistent with the General Statutes. Section 8. Destruction of Records Regulated No public official may destroy, sell, loan, or otherwise dispose of any public record, except in accordance with GS 121.5, without the consent of the State Department of Cultural Resources. Whoever unlawfully removes a public record from the office where it is usually kept, or whoever, alters, defaces, mutilates or destroys it will be guilty of a misdemeanor and upon conviction will be fined in an amount provided in Policy 132.3 of the General Statutes If records are to be destroyed in accordance with GS 121.5, a list of those records must be presented to the City Clerk and approved by the City Council prior to the destruction. 48 lnl)lJNN • NORTH CAROLINA City Council Agenda Item Meeting Date: December 12, 2023 SUBJECT TITLE Capital Project Ordinance -Pearsall Street Culvert Project, NCDEQ Grant Acceptance, and Budget Amendment PRESENTER/DEPARTMENT Cary McNal lan/Finance Department ATTACHMENT(S) Capital Project Ordinance & Budget Amendment PUBLIC HEARING PUBLISH DATES N/A PURPOSE: To accept a grant from NC Department of Environmental Quality (DEQ) Division of Water Infrastructure (DWI), approve a capital project ordinance and related budget amendment for the Pearsall Street Culvert Project. BACKGROUND: The City of Dunn has been awarded a Local Assistance for Stormwater Infrastructure Investments (LASH) grant from the North Carolina Department of Environmental Quality Division of Water Infrastructure in the amount of $400,000. These funds are to be used for stormwater related projects. It is recommended that these grant funds be used towards the Pearsall Street Culvert project. A capital project ordinance is included with this agenda item to establish the project and appropriate the LASII grant funds to the project. To properly account for the fund ing and expenditures related to this project, a capital project ordinance is required to be adopted. BUDGET IMPACT: A capital project fund will be established for recording the expenditures and funding sources for this project. Funding will include a $400,000 NCDWI LASII grant. RECOMMENDED MOTION/ACTION REQUESTED OF COUNCIL Motion to accept the $400,000 NCDWI LASII grant and approve the attached capital project ordinance and budget amendment for the Pearsall Street Culvert Project. .~DUNN ~ NORTH CAROLINA Capital Project Ordinance Pearsall Street Culvert Project WHEREAS, the City Council for the City of Dunn, on June 13, 2023, adopted the annual budget ordinance number 02023-13 for the fiscal year beginning July 1, 2023; and, WHEREAS, the City Council, on June 13, 2023, adopted the capital improvements plan for fiscal year 2023-24; and, WHEREAS, it is necessary to amend the capital improvements plan to include a capital project to account for the funding and expendit ures of the Pearsall Street Culvert Project; and, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUN N, NC, PURSUANT TO SECTION 13.2 OF CHAPTER 159 OF THE GEN ERAL STATUTES OF NORTH CAROLINA, THAT: Section 1: A Local Assistance for Stormwater Infrastructure Investments (LASH) grant (State grant project# SRP-SW-ARP-0098) from the North Carolina Department of Environmental Quality (DEQ) Division of Water Infrastructure (DWI) is accepted and approved as a source of funding for this project. Section 2: Engineering services for the City of Dunn Pearsall Street Culvert Project is authorized to be undertaken until all project activity is completed and is adopted as noted in Section 3. Section 3: The amount of funding appropriated, and amounts budgeted for engineering are app roved as fo llows: Funding Appropriations NCDWI ARPA Grant Total Funding Expenditures: Engineering Total Expenditures $ 400,000 $ 400,000 $ 400,000 $ 400,000 Section 4: Funds may be advanced from the General Fund for the purpose of making payments as due. Section 5: The Finance Director is directed to report periodically on the financial status of each project element in Section 3 and on the total revenues received or claimed. 1Uhere communi{_J htJ_Jins! CITY OF DUNN NORTH CAROLINA Section 6: Within five (5) days after this ordinance is adopted, the City Clerk shall file a copy of this ordinance with the Finance Director. Section 7: This capital project ordinance shall be effective immediately. Duly adopted this 12th day of December 2023. Attest: Tammy Williams City Clerk William P. Elmore, Jr. Mayor Where communi{_J 6e.3insl CITY OF DUNN BUDGET ORDINANCE AMENDMENT Department: Administration Budget Amendment #: 11 FISCAL YEAR ENDING: 6/30/2024 Date: 12/12/2023 Appropriation Amount of Appropriation FUND Acct# LINE ITEM DESCRIPTION Before Amendment After Amendment Increase I (Decrease) Amendment Stormwater Capital 061-0931-4000 Engineering 400,000.00 $ 400,000.00 -----$ -EXPENDITURE TOTAL: $ $ 400,000.00 $ 400,000.00 Appropriation Amount of Appropriation FUND Acct# LINE ITEM DESCRIPTION Before Amendment After Amendment Increase I (Decrease) Amendment Stormwater Capital 061-0399-0001 NCDWI ARPA Grant $ 400,000.00 $ 400,000.00 ----REVENUE TOTAL: $ $ 400,000.00 $ 400,000.00 CERTIFICATION: I certify this requested budget amendment was approved by the City Council on: City Manager: 12/12/2023 Finance Director: 12/12/2023 JUSTIFICATION: Accept a Local Assistance for Stormwater Infrastructure Investments (LASII) grant from NC Division of Water Infrastructure • FUNDING SOURCE: LASII grant funds. fm DlJNN • NORTH CAROLINA City Council Agenda Item Meeting Date: December 12, 2023 SUBJECT TITLE PRESENTER/DEPARTMENT ATTACHMENT(S) CZ-03-23: Conditional Zoning for one parcel 5.47 acres+/- fronting on Susan Tart Road, PIN 1516-06-0454.000 George Adler, Planning Director/ Planning Department Conditional Rezoning Request Application, Staff Report with attachments, Public Notice, letter from applicant dated Nov 20, 2023, etc. PUBLIC HEARING PUBLISH DATES September 26 and October 3, 2023 PURPOSE: a) Public Hearing: This is a request to conditionally rezone one wooded parcel 5.47 acres +/-fronting Susan Tart Road, east ofTilghman Drive. The property is currently zoned O&I, Office & Institutional District and is proposed to be rezoned to MXU CZD, Mixed-Use Conditional Zoning District for a limited number of uses permitted in MXU to include up to 35 residential townhomes. b) Decision: BACKGROUND: At their September 26, 2023 meeting, the Planning Board reviewed the request to rezone this undeveloped parcel from O&I to Mixed-Use CZD to permit medical office space, not to exceed 20,000 square feet and up to 35 townhomes. The Planning Board voted unanimously to table this request to give the applicant time to revise the site plan in more detail and for Planning staff to research how other jurisdictions process mixed- use rezoning. On October 24, 2023, the Planning Board did not have a quorum, so the case was contin ued until the November 28 Planning Board meeting. On November 28, Samantha Wullenwaber from Mid- Carolina Council of Governments (MCCOG) spoke to the Board about how other municipalities approach conditional rezonings and answered questions. On November 28, the applicant provided a revised application to the Planning Board. The revision had no Master Plan. Per UDO Section 3.10 B., the applicant requested only 26 of the 56 uses generally permitted in MXU to be allowed in the rezoned MXU Conditional parcel, limiting the number of townhouses to no more than 35 units. The Planning Board unanimously recommended adoption of the revised conditional zoning request to permit the limited uses requested by the applicant in his letter dated November 20, 2023, with the following conditions: 1) That this be a self-contained site, i.e., no stub streets; 2) That storm water management be installed to handle maximum build out of the entire site; 3) That "Community support facility" be struck from the list of uses; and 4) That the uses referred to as "All activities on page 5-6 of the UDO, less Theater Outdoor" in the applicant's Nov 20, 2023 letter all be listed, use by use. The applicant agreed to these conditions. nll)lJNN • NORTH CAROLINA City Council Agenda Item BUDGET IMPACT: RECOMMENDED MOTION/ACTION REQUESTED OF COUNCIL Motion to approve CZ-03-23, as presented and including these four conditions: 1) That this be a self-contained site, i.e., no stub streets; 2) That storm water management be installed to handle maximum build out of the entire site; 3) That "Community support facility" be struck from the list of uses; and 4) That the uses referred to as "All activities on page 5-6 of the UDO, less Theater Outdoor," in the applicant's Nov. 20, 2023 letter all be listed, use by use. Conditional Zoning case CZ-03-23 PIN 1516-06-0454.000 Request is to rezone the parcel indicated above from O&I, Office & Institutional to Mixed-Use Conditional to only permit the following uses: • Townhouses, not to exceed 35 units • Public Administration/Civic Meeting • Banks and Financial institutions Facilities • Drive thru/Drive-in facilities • Public Safety Station • General Commercial • Recreation Facility {Indoor) • Outside Sales • Recreation Facility {Outdoor) • Personal Care services • Religious Institutions • Restaurant • Research & Development Service • Business Associations • School (elementary or secondary) • Child/Adult Care • School (vocational/technical) • College or University • Special Events Center • Medical Clinic • Sports Arena/Stadium • Museum/Library/Cultural Facility • Studio (art, dance, martial arts, music) • Post Office • Temporary Health Care Structures • Temporary Shelter SIOUT D Development- November 20, 2023 City of Dunn Planning Department 102 North Powell Ave Dunn, NC 28335 Thank you for the opportunity to present the project before you. As per our previous presentation we come before you submitting for a mixed use rezoning with conditions. The conditions are the following: • All requirements within the UDO will be followed • The following uses are already permitted under the MXU zoning and will be the only land use types for the project o Townhouses, not to exceed 35 units o Banks and Financial institutions o Drive thru/Drive-ln facilities o General Commercial o Outside Sales o Personal Care Service o Professional Office/Service o Restaurant o Business Associations o Child/Adult Care o College or University o Community Support Facility o Medical Clinic o All activities on page 5.6 of the UDO, less Theater Outdoor P.O. BOX 53798, Fayetteville, NC 28305 Phone: (910) 779-0019 I Fax: (910) 779-0029 We have included a CONCEPT that reflects our plan for the site. As the commercial portion of project is speculative the UDO will and above conditions will govern the final plan. This follow the UDO section 3.10 section B. Thank you for the opportunity to work with the planning staff to develop a project that will impact the surrounding area in a positive and responsible manner. Ben Stout' 2 fm l)lJNN • NORTH CAROLINA City Council Agenda Item Meeting Date: December 12, 2023 SUBJECT TITLE Ordinance to Extend the Corporate Lim its, Voluntary Annexat ion Petition ANX-02-23, EC Edgerton LLC PRESENTER/DEPARTMENT City M anager Neuschafer ATTACHMENT(S) Public Hearing Notice and Ordinance PUBLIC HEARING PUBLISH DATES November 28,2023 PURPOSE: a) Public Hearing: Consideration to extend the corporate limits of the City of Dunn by the voluntary non-contiguous annexation of 3.5 acres contained within PIN# 1515-16-0072.000 on the corner of Longbranch Rd and US301 S, Dunn. The non-contiguous annexation is being considered under NCGS 160A-31 . b) Decision: BACKGROUND: • Resolution directing the Clerk to investigate the voluntary Annexation Petition ANX-02-23 was adopted at the October 17th meeting. • The Clerk certified the sufficiency of the petition and the Resolution fixing the date of the Public Hearing was adopted at the November 14th meeting. • The Public Hearing was published on November 28th in The Daily Record and posted on the principal bulletin board, as required. BUDGET IMPACT: RECOMMENDED MOTION/ACTION REQUESTED OF COUNCIL Motion to adopt the ordinance to extend the corporate limits of the City of Dunn as requested and to assign property to ward four effective January 1, 2024. mii CITY OF &DUNN •• NORTH CAROLINA 401 E Broad St • PO Box 1065 • Dunn, North Carolina 28335 (910) 230-3500 • CityofDunn.org AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF DUNN, NORTH CAROLINA Mayor William P. Elmore Jr. Mayor Pro T em Dr. David L. Bradham Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart Chuck Turn age City Manager Steven Neuschafer WHEREAS, the City Council of the City of Dunn has been petitioned under G.S. 160A-31 to annex the area described below; and WHEREAS, the City Council has by resolution directed the City Clerk to investigate the efficiency of the petition; and WHEREAS, the City Clerk has certified the sufficiency of the petition and a public hearing on the question of this annexation was held at the Dunn Municipal Building at 6:30 p.m. on December 12, 2023, after due notice by publication on November 28, 2023; and WHEREAS the City Council finds that the area described therein meets the requirements of G.S. 160A-31. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dunn, North Carolina that: Section 1. By virtue of the authority granted by G.S. 160A-31, the following described territory is hereby annexed and made part of the City of Dunn as of January 1, 2024: Property owned by EC Edgerton, LLC ANX-02-2023: 3.5 acres contained in PIN# 1515-16-0072.000 Map Recorded: Book# ___ ~ Page# ___ _ Where communif_J he_Jins! Parcel #0215050131: BEGINNING at the intersection of the East margin of U.S. Highway No 301, with the center of State Highway #1002 and runs thence along the State Road #1002 South 52 degrees 40 minutes East 300 feet and South 51 degrees 15 minutes East 153.15 feet to a comer in said road; thence North 45 degrees 40 minutes West 285.95 feet to a corner; thence North 31 degrees 16 minutes West 129 feet to a corner; thence North 52 degrees 49 minutes West 447 38 feet to a the East margin of US. Highway No. 301; thence with the East margin of said highway South 24 deg. West 330 ft. to the BEGINNING, containing 3.75 acres, more or less. This is the same land as described in that deed from John A Tart, et als, to Felton W Tart, dated July 15, 1965, recorded in Book 471, Page 98, and also that deed from Felton W Tart, et ux to Clarence Lee Tart,Jr., et ux, dated March 7, 1966 and recorded in Book 486, Page 63, Hamett County Registry. EXCEPTED from the above-described tract is that parcel conveyed to the N. C. Department of Transportation in that deed dated October 12, 1987, and recorded in Book 844, Page 510, Hamett County Registry. For further reference see deed recorded in Book 1221, Page 628, Harnett County Registry. For further reference see Deed recorded in Book 1222, Page 477, Hamett County Registry. Section 2. Upon and after January 1, 2024, the above-described territory and its citizens and property shall be subject to all debts, laws, ordinances, and regulations in force in the City of Dunn and shall be entitled to the same privileges and benefits as other parts of the City of Dunn. Said territory shall be subject to municipal taxes according to G. S. 160A-58.10. Section 3. The Mayor of the City of Dunn shall cause to be recorded in the office of the Register of Deeds of Harnett County, and in the office of the Secretary of State at Raleigh, North Carolina, an accurate map of the annexed territory, described in Section 1 above, together with a duly certified copy of this ordinance. Such a map shall also be delivered to the County Board of Elections, as required by G. S. 163-288.1. Adopted this 12th day of December, 2023. Attest: Tammy Williams, CMC, NCCMC City Clerk William P. Elmore, Jr. Mayor ~:"\Harnett ~r C OU N T Y ,l.. XOR H (AR0llNA PIO: 021505 0131 PIN: 1515-16-0072.000 Account Number: 1400008303 Owner: E C EDGERTON JR LLC Mailing Address: PO BOX 398 DUNN, NC 28335-0000 Physical Address: US 301 S NC ac Description: 3.50 AC WARREN Surveyed/DNded Acreage: 3.5 Calculated Acreage: 3.5 Dffd Date: 1031720400000 Deed Book/Page: 1662. 0482 Plat(Survey) Book/Page: • Last Sale: 2002 • 9 Sale Pric.: $0 Qualified Code: C Vacant or Improved: V Transfer of Split: Act.ual Year Built: Heated Area : SqFt Building Count : 0 I Print this page I Harnett County: GIS Building Value: $0 Parcel Outbuilding Value: $0 Parcel Land Value: 35700 Market Value: $35700 Deferred Value: $0 Total Assessed Value: $35700 Zoning: R-20 SINGLE FAMILY· 3.5 acres (100.0%) Zoning Jurisdiction: Dunn Wetlands: No FEMA Flood: Minimal Flood Risk Within 1ml of Agriculture District: Yes Elementary School: Dunn Elementary Middle School: Dunn Middle High School: Triton High Fire Department: Dunn E\11S Depar:ment: Medic 15, D15 EMS Law Enforcement: Hamett County Sheriff Voter Precinct: East Averasboro County Commissioner : Barbara McKay School Board Member: Sharon Gainey ,...~ ~ Harnett J._ ~ C O _U N I y ._ ,t &II ,ti Dunn Wards Ward 4 Wards -1-4 □2-5 -3-6 -Interstate US Highway -NC Highway U111•1_-·Mlt • _______ ..;,;"~-----=-.... 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' \., ~.j& ll <A-' ,,,,,,,7 \ NOTICE OF PUBLIC HEARING ON REQUEST FOR ANNEXATION The public will take notice that the Dunn City Council has called a public hearing at 6:30 p.m. on December 12, 2023 at the Dunn Municipal Building on the question of annexing the following described territory, requested by petition filed pursuant to G.S. 160A-3 I as described below: EC Edgerton LLC 3.5 acres, PIN#l515-16-0072.000 Corner ofLongbranch Rd and US301 S, Dunn NC Parcel #0215050131: BEGINNING at the intersection of the East margin of U.S. Highway No 301, with the center of State Highway #1002 and runs thence along the State Road #1002 South 52 degrees 40 minutes East 300 feet and South 51 degrees 15 minutes East 153.15 feet to a comer in said road; thence North 45 degrees 40 minutes West 285.95 feet to a corner; thence North 31 degrees 16 minutes West 129 feet to a corner; thence North 52 degrees 49 minutes West 447 38 feet to a the East margin of US. Highway No. 301; thence with the East margin of said highway South 24 deg. West 330 ft to the BEGINNING, containing 3.75 acres, more or less. This is the same land as described in that deed from John A Tart, et als, to Felton W. Tart, dated July 15, 1965, recorded in Book 471, Page 98, and also that deed from Felton W. Tart, et ux to Clarence Lee Tart, Jr., et ux, dated March 7, 1966 and recorded in Book 486, Page 63, Hamett County Registry. EXCEPTED from the above-described tract is that parcel conveyed to the N. C. Department of Transportation in that deed dated October 12, 1987, and recorded in Book 844, Page 510, Hamett County Registry. For further reference see deed recorded in Book 1221, Page 628, Harnett County Registry. For further reference see Deed recorded in Book 1222, Page 477, Hamett County Registry. Persons wishing to make comments, for or against, are requested to be present. Tammy Williams City Clerk 910-230-2500 Advertise: November 28, 2023 NOTICE OF PUBLIC HEARING ON REQUEST FOR ANNEXATION The public will take notice that the Dunn City Council has called a public hearing at 6:30 p.m. on December 12, 2023 at the Dunn Municipal Building on the question of annexing the fo llowing described territory, requested by petition filed pursuant to G.S. 160A-31: EC Edgerton LLC 3.5 acres, PIN#l515-16-0072.000 Corner of Longbranch Rd and US30 1 S, Dunn NC (a metes and bounds description is available in the office of the City Clerk, Dunn Municipal Building, 401 E. Broad Street, Monday-Friday 8:00 a.m.-4:00 p.m.) Persons wishing to make comments, for or against, are requested to be present. Tammy Williams City Clerk 910-230-2500 Advertise: November 28, 2023 PETITION FOR ANNEXATION-NON-CONTIGUOUS PROPERTY CORPORATE Date: _8/31/2023. ________ _ TO: City of Dunn City Council Attn: Planning Director PO Box 1065 RE: Petition Requesting Annexation By the City of Dunn Non-Contiguous Property Dunn NC 28335 Pursuant to the provisions of Sections 160A-58 and 160A-58.1 of the North Carolina General Statutes, we the undersigned owners of all the real property described below do hereby request that said property Located at:_ The corner of Longbranch Rd and US 301 S. ________________ _ PIN Number(s): _021505 0131 ______________________ _ Lot(s): _Track One. __________________________ _ be annexed into the City of Dunn. We certify: that the property to be annexed is non-contiguous to the present corporate limits of the City of Dunn and the annexation would, therefore, be a satellite annexation; that a legal description (metes and bounds-submitted electronically) is attached as "Exhibit A" and a survey map of said property showing the proposed satellite area in relation to the primary corporate limits of the City of Dunn is attached and denoted as "Exhibit B". Name of Company: E.C. Edgerton, Jr.~ By: _Emmet Edgerton, ___ /9 _ __,__ ~~,;..,=;=----------- (Print Name and Title) ~ure) Address: _807 South Clinton Ave. ____________ _ ___ Dunn, NC 28334 ______________ _ Phone:_919-820-2714. ___ Email:_Edgertonmemorials@yahoo.com_ Attest: Date Received by Planning Dept. _________ By: _____________ _ Date Received by City Clerk By: _____________ _ Annexation Fee: $125 per parcel Fee Paid:$ ______ Receipt# ______ _ t-Zh2a av 3.@ REVENUE-0- FOR 11£a1 St AA l<r~Pr ~GIITt,t 0, 0tfl)g ~T~~ 2062 SEP It 04:29:49 Pff BK: 1662 PG:482-498 FEE ·$35 M INSTRIJENT ' 212016ise • IN THIS INSTRUMENT PREPARED BY WILEY 1 POPE, A TrORNBY POST Ofl'lCE BOX 9Z8, DUNN, NORlll CAROLINA 21335 STATE OF NORTH CAROLINA COUNTY OF HARNETT WARRANTY DEED THIS DEED, made this 2~ day of August, 2002, by and between E. C Edgerton, Jr., and wife, Norma T. Edgerton and E. C. Edgerton, III, Single, Post Office Box 70, Godwin, North Carolina 28344, hereinafter referred to as Granter, and E. C. Edgerton, Jr., LLC, a North Carol.ma Limited Liability Company, Post Office Box 398, Dunn, North Caro METES AND BOUNDS FOR to as Grantee; CONDITIONAL REZONING WITNESSETH: That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does gran bargain, sell and convey unto the Grantee in fee Slll1ple, all that certain lot or parcel of land situated in Hamett County, North Carolina and more particularly described as follows: TRACTONE: Parcel #0215050131: BEGINNING at the intersection of the East margin of U.S. Highway No 30 I, with the center of State Highway # 1 OO~and runs thence along the State Road #1002 South 52 degrees 40 minutes East 300 feet and South 51 degrees 15 minutes East 153.15 feet to a comer in said road; thence North 45 degrees 40 minutes West 285.95 feet to a comer; thence North 31 degrees 16 minutes West 129 feet to a comer; thence North 52 degrees 49 minutes West 447 38 feet to a the East margin ofU S. Highway No. 301 to the BEGINNING, containing 3. 75 acres, more or less. This is the same land as described in that deed from John A Tart, et als, to Felton W. Tart, dated July 15, 1965, recorded in Book 471, Page 98, and also that deed from Felton W. Tart, et ux to Clarence Lee Tart, Jr., et ux, dated March 7, 1966 and recorded in Book 486, Page 63, Harnett County Registry. EXCEPTED from the above described tract is that parcel conveyed to the N. C. Department of Transportation in that deed dated October 12, 1987, and recorded in Book 844, Page 510, Hamett County Registry. For further reference see deed recorded in Book 1221, Page 628, Harnett County Registry. For further reference see Deed recorded in Book 1222, Page 477, Hamett County mil)lJNN • NORTH CAROLINA City Council Agenda Item Meeting Date: December 12, 2023 SUBJECT TITLE USDA Public Hearing for Loans PRESENTER/DEPARTMENT Cary McNallan/Finance Director ATTACHMENT(S) Public Hearing Notice PUBLIC HEARING PUBLISH DATES December 1, 2023 PURPOSE: a) Public Hearing: The United States Department of Agriculture (USDA) requests that the City holds a public hearing for input for loans through their Community Development program. These hearings are to receive comments pertaining to loans we are pursuing. b) Decision: BACKGROUND: The City of Dunn is requesting financing for the following purchases: • $304,861 for five police vehicles. • $162,000 for three Public Works trucks. • $416,000 for various Public Utility equipment including a backhoe, trailer jetter, utility vehicle, and three trucks. • $266,000 for a brush mower for the Stormwater Fund. These items were included in the FY24 budget and are expected to be delivered by the spring of 2024. This hearing is one step in the loan/grant process and if the applications are approved by USDA, we anticipate closing on the loans and grants shortly after receiving the equipment. The interest rate, loan terms, and grant amounts are to be determined by the USDA once the closing date draws closer. Historically, we have received 30% in grant funds and 70% in low interest loan funds. If USDA funds are not awarded, the City will request financing proposals from banking institutions. BUDGET IMPACT: Funding to repay the USDA loan will be budgeted starting in the FY25 budget. The estimated annual principal and interest payments for the police vehicles is $56,500 for five years, for the public works vehicles is $24,800 for five years, for the Public Utility equipment is $55,800 for seven years, and for the Stormwater equipment is $40,200 for seven years. RECOMMENDED MOTION/ACTION REQUESTED OF COUNCIL Motion to approve City staff to submit applications to USDA for financing FY24 vehicle and equipment purchases. PUBLIC NOTICE Public notice is hereby given that the City of Dunn will hold a public meeting on December 12, 2023 at 6:30 PM in the City Hall Council Chambers located at 401 E. Broad Street, Dunn, NC to receive comments pertaining to the proposed financing of vehicles and equipment for the Police, Public Works, Public Utility, and Stormwater Departments. Funding for these purchases will be provided by USDA Rural Development and/or bank financing. Immediately after the public meeting, the City of Dunn's City Council will discuss the proposed financing. iiiii CITY OF ,:~DUNN .. .., NORTH CAROLINA Where communi{_J 6BJins! ~ b-tJ; ~ Cmtncit ~ Wwut3 Cmtncit ~ '1~ tll,o~e<u1; Wwut5 Cmtncit~ Chttclu -~ DUNN ***** All-America Clly ,1111.' 1989*2013 liiii CITY OF ,:~DUNN .. .--: NORTH CAROLINA Where communifJ he_Jins! ~ 1. Mayor Elmore will recess the meeting and all officials will move to reserved seats in the audience. 2. City Attorney Tilghman Pope will begin the Swearing-in Ceremony. DUNN ***** All-America Citv ~1111.' 1989 *2013 iiiii CITY OF J:,JtDUNN NORTH CAROLINA Where communifJ hB_Jins! SWOOJUNUJr in ~ Facilitated by P. Tilghman Pope • Introduce the Mayor and each Council Member individually to come forward for Oath of Office. • Ask them to bring their Bible (if they have their own) and ask them to invite their family members they want with them. • Recognize individual to give Oath. • Have them pause for pictures. • After all the oaths have been given, present the new Mayor and City Council and ask them to take their seats. ~ Wit.li.a.fTu p. ~ (jltl. 1h,e; ~ ~ Pe&'U'lAJI, ~ UXJWW'm~ %' ~ CooNlci1i ~ (}. W~ 9Uh},-Wwtct, 1 1n,e;~ ~ow~. tlWJti.ct emmt~ CooNlci1i ~ Ap,tit ~-Wwt<i, l wUL be.,~ iNll (W\J ~ ll, l0l3 CooNlci1i ~ ~ t'ncl'leU, -Wwtct, 3 , ~ w~. 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Citt.tCtemv DUNN Consent Items Recommendation: Motion to approve all Consent Items as presented. lnDlJNN • NORTH CAROLINA City Council Agenda Item M eeting Date: December 12, 2023 SUBJECT TITLE Resolution of Appreciation -Frank McLean PRESENTER/DEPARTMENT Mayor Elmore ATTACHMENT(S) Resolution PUBLIC HEARING PUBLISH DATES PURPOSE: To approve Resolution of Appreciation to Council Member Frank McLean BACKGROUND: BUDGET IMPACT: RECOMMENDED MOTION/ACTION REQUESTED OF COUNCIL Motion to adopt the Resolution of Appreciation in recognition and appreciation of Frank McLean's service as a Member of the Dunn City Council since October 8, 2013. mlDlJNN • NORTH CAROLINA City Council Agenda Item Meeting Date: December 12, 2023 SUBJECT TITLE Resolution of Appreciation -Chuck Turnage PRESENTER/DEPARTMENT Mayor Elmore ATTACHMENT($) Resolution PUBLIC HEARING PUBLISH DATES PURPOSE: To approve Resolution of Appreciation to Council Member Chuck Turnage BACKGROUND: BUDGET IMPACT: RECOMMENDED MOTION/ACTION REQUESTED OF COUNCIL Motion to adopt the Resolution of Appreciation in recognition and appreciation of Chuck Turnage's service as a Member of the Dunn City Council since December 6, 2007. ml DlJNN • NORTH CAROLINA City Council Agenda Item Meeting Date: December 12, 2023 SUBJECT TITLE Set Special Meeting PRESENTER/DEPARTMENT City Manager Neuschafer ATTACHMENT(S) PUBLIC HEARING PUBLISH DATES PURPOSE: ► To set a Special Called Meeting of the Council for Wednesday, January 3, 2024 at 4:00 p.m. in Council Chambers at the Dunn Municipal Building for the following purpose: -Council Orientation BACKGROUND: Held every 4 years after the organization meeting. RECOMMENDED MOTION/ACTION REQUESTED OF COUNCIL Motion to set the Special Orientation Meeting on January 3, 2024 as presented. mlDlJNN • NORTH CAROLINA City Council Agenda Item Meeting Date: December 12, 2023 SUBJECT TITLE PRESENTER/DEPARTMENT ATTACHMENT(S) PUBLIC HEARING PUBLISH DATES PURPOSE: Presentation to Outgoing Council Members Frank M cLean and Chuck Turnage Mayor Elmore Presentation to Council Members McLean and Turnage. mnl DlJNN ~ NORTH CAROLINA City Council Agenda Item M eeting Date: December 12, 2023 SUBJECT TITLE Election of Mayor Pro Tern PRESENTER/DEPARTMENT Mayor Elmore ATTACHMENT(S) PUBLIC HEARING PUBLISH DATES PURPOSE: To elect a Mayor Pro-Tern. BACKGROUND: North Carolina General Statute § 160A-70. At the organizational meeting, the council shall elect from among its members a mayor pro tempore to serve at the pleasure of the council. A councilman serving as mayor pro tempore shall be entitled to vote on all matters and shall be considered a councilman for all purposes, including the determination of whether a quorum is present. During the absence of the mayor, the council may confer upon the mayor pro tempore any of the powers and duties of the mayor. If the mayor should become physically or mentally incapable of performing the duties of his office, the council may by unanimous vote declare that he is incapacitated and confer any of his powers and duties on the mayor pro tempore. Upon the mayor's declaration that he is no longer incapacitated, and with the concurrence of a majority of the council, the mayor shall resume the exercise of his powers and duties. In the event both the mayor and the mayor pro tempore are absent from a meeting, the council may elect from its members a temporary chairman to preside in such absence. According to City of Dunn Ordinance Sec. 2-27. The mayor shall preside at all meetings of the city council, and in his absence the mayor pro tempore shall preside. According to City of Dunn Charter Sec. 3-2. The city council shall choose one of its number to act as mayor pro tempore, and he shall perform the duties of the mayor in the mayor's absence or disability. The mayor pro tempore, as such, shall have no fixed term of office, but shall serve in such capacity at the pleasure of the remaining members of the council. RECOMMENDED MOTION/ACTION REQUESTED OF COUNCIL Motion to elect _______ as Mayor Pro Tern. lnDlJNN • NORTH CAROLINA City Council Agenda Item Meeting Date: December 12, 2 023 SUBJECT TITLE Resolut ion adopting the 2024 Regular Meeting Schedule and Budget Retreat Date PRESENTER/DEPARTMENT City Manager Steven Neuschafer ATTACHMENT(S) Resolution PUBLIC HEARING PUBLISH DATES PURPOSE: For Council to Consider and approve 2024 Meeting Schedule for the Dunn City Council. BACKGROUND: -The February meeting was moved to the third Tuesday to work better with the date of the Retreat. BUDGET IMPACT: RECOMMENDED MOTION/ACTION REQUESTED OF COUNCIL Motion to approve the Resolution adopting the 2024 Regular Meeting Schedule and Budget Planning Retreat for the Dunn City Council as presented. --CITY OF lil DUNN ~p NORTH CAROLINA 1Uhere communi{_J 6e_Jinsl RESOLUTION ADOPTING THE 2024 REGULAR MEETING SCHEDULE FOR THE CITY OF DUNN CITY COUNCIL WHEREAS, the North Carolina General Statute 160A-71 allows the City Council to fix a specific time and place for their regular meetings; and WHEREAS, the North Carolina General Statute 143-318.12(a) requires that the City Council's schedule of regular meetings be kept on file with the City Clerk. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Dunn, North Carolina that the following meeting schedule be adopted: Tuesday January 9, 2024 6:30 p.m. Dunn Municipal Building Friday -2024-2025 Budget Retreat 8:00 a.m. to Saturday February 9-10, 2024 5:00 p.m. Location TBA Tuesday February 20, 2024 6:30 p.m. Dunn Municipal Building Tuesday March 12, 2024 6:30 p.m. Dunn Municipal Building Tuesday April 9, 2024 6:30 p.m. Dunn Municipal Building Tuesday May 14, 2024 6:30 p.m. Dunn Municipal Building Tuesday June 11, 2024 6:30 p.m. Dunn Municipal Building Tuesday July 9, 2024 6:30 p.m. Dunn Municipal Building Tuesday August 13, 2024 6:30 p.m. Dunn Municipal Building Tuesday September 10, 2024 6:30 p.m. Dunn Municipal Building Tuesday October 8, 2024 6:30 p.m. Dunn Municipal Building Tuesday November 12, 2024 6:30 p.m. Dunn Municipal Building Tuesday December 10, 2024 6:30 p.m. Dunn Municipal Building Duly adopted by the City Council of the City of Dunn, meeting in regular session this the 12th day of December, 2023. William P. Elmore, Jr., Mayor Attest: Tammy Williams, City Clerk mlDlJNN • NORTH CAROLINA City Council Agenda Item Meeting Date: December 1 2, 2023 SUBJECT TITLE Resolution of Intent to Consider Permanently Closing public right of way and to set Public Hearing PRESENTER/DEPARTMENT City Manager Neuschafer ATTACHMENT(S) Resolution, Map and Petition PUBLIC HEARING PUBLISH DATES PURPOSE: To consider a Resolution of Intent to Consider Permanently Closing the public street between 801 S King Ave and 707 S King Ave. Property owner has already prepared a map to show the sewer easement between these properties. The proposed resolution will also set the Public Hearing for the Council meeting on February 20, 2024 at 6:30 p.m. in Council Chambers. BACKGROUND: BUDGET IMPACT: RECOMMENDED MOTION/ACTION REQUESTED OF COUNCIL Motion to adopt the Resolution of Intent to Consider Permanently Closing the Street as identified and to set the Public Hearing for February 20, 2024 at 6:30 p.m. at the Dunn Municipal Building. ~DUNN ~ NORTH CAROLINA RESOLUTION OF INTENT TO CONSIDER PERMANENTLY CLOSING A PUBLIC STREET AND SETTING THE DATE FOR A PUBLIC HEARING THEREON WHEREAS, pursuant to North Carolina General Statutes 160A-299, the City Council of the City of Dunn may permanently close any street or public alley; and WHEREAS North Carolina General Statutes 160A-299 requires that proposed streets or alley closings first be submitted to a public hearing and that due notice thereof be published once a week for four successive weeks prior to the hearing; and WHEREAS North Carolina General Statutes 160A-299 requires that all owners of property adjoining said street or alley as shown on the county tax records are to be informed of the public hearing and that a notice of same be posted in at least two places along the street or alley. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dunn as follows: 1. That the Council hereby intends to consider the closing of the public street between 801 S King Ave and 707 S King Ave as set forth in the N.C.G.S 160A-299: 2. That a public hearing on the proposed closing of the public alleys, as stated above, is hereby called for the Dunn Municipal Building at 6:30 p.m. on February 20, 2024. 3. That following the public hearing called hereby, the Council shall consider adoption of the order closing said street and will file the same in the Office of the Register of Deeds (if approved). 4. That following the public hearing called hereby, the property owners shall be the responsible parties for any utility services located in the closed portion of the public right-of-way once the order closing said street is filed with the Office of the Register of Deeds (if approved). 5. That the City Clerk is hereby directed to cause to be published in The Daily Record, Dunn, North Carolina, a proper notice of public hearing hereby called, which notice shall contain summary of the proposed street closing. 6. That the City Clerk is hereby directed to cause notification of all affected property owners and to verify that notice is posted in at least two places along the alleys. W here communi!J be_Jinsl ~DUNN ~ NORTH CAROLINA Page 2 Resolution of Intent Adopted this 12th day of December, 2023. ATTEST: Tammy Williams, CMC City Clerk William P. Elmore Jr. Mayor Where communif_!j he_Jins! CITY OF DUNN PETITION REQUESTING THE CLOSING OF A PUBLIC STREET OR ALLEY In accordance with GS 160A-299 P. 0. Box 1065, Dunn NC 28335 910/230-3505 Date: // (2"6 I 2' 3 --''--'-I-/ -'---=-I-/__.__.,..._ ___ _ We, the undersigned owner(s) of adj acent property, do hereby request the City of Dunn to close the following)(street or □ alley or portion(s) thereof: 0 ?. ' A street/alley closing fee in the amount of $500.00 is hereby enclosed. The fee is non-refundable and the etition does not guarantee the closing of the alley. Address: nn State Zip Email K L.Wlf 7a b fiJ tfohoO , UJw7 By: (Title, if applies) (Make additional copies if necessary) Individual: Address: Individual: n NC~f33f Kl!Vlf 21fo@ ~o. k/J)v7 . Name: -.1.LJ~~-..:....__----, _________ _ Address: __;;____.__....::...7....:....• ...L.l....,IJL...!.'4-~--=---...J-.!-~~---1.....=..:.=-----:::...:~..L......1...-- . Telepb~~~~~?;K/~= V'JO S1gnature(s): _ -~~ • _ C/ Individual: Name 1:a.YV\r~ tvl 5-k.waJZ-t Address: ID 5 ~. L}u,V\, Y\ 'fJc., J.<g 3 6 't: Tel w (I) :) ~ ll!ilY~ (.:, w ..I a:: 0 LI. l-o z .-,----=" Harnett .-, City Limits r~( ✓..,......._ C O U NT Y t____J .L NORTH cAROL!NA 0 Address Numbers GIS/E-911 Addressing December B, 2023 Harn Parcels t GIS [o 40 N W◊E s 80 160 ] Feet, £'E(JE:A7D POB Polm Of Begin11ino C!lRTIFICA TE OF OWNER:JHIP and DEil/CA T/0,V: I (W<j c.rtf/y th.at l am {we a~J Ute own.er /owneNJ or agent of the property ,hown arut de#ribed hrnon, that I troe} adopt tltlt =~~~.°~::rn;'!i:~e:1~~~:t~=ll::'~": walk,, NNJronSet 'i" konPinFollld • Wcodan8olad parks, and other .ritn and HNmnt. to publlc or prtwiU UN a, """"· • found Stone "-FoundS!tbfndStohl ""Cct10tt$p111des.t :1 Raicord Stool Nc4 Fi;,unc: ---Propertyt... -·---fanoe Un& -Cerr.rinadRoad ---.... -~-.. •·-•Edglo/Conc:r«t -1-Offlhead ~c: SITE DATA DEED BK: 3225, PO: 95 BK: 3"4, PO: 276 Pt.AT BK: 4, PG: 63 LOT 1· ORIC,INAL ACRES: 0.2' ADDED ACRES: 0.11 TO TOAL ACRES: 0.36 LOT2-0RIGUW. ACRES:0.17 AOOEO ACRE$: 0..04, O.OI TOTAL ACRES: 0.29 LOT3-~IHALACRES:0.24 REMOVED ACRES: 0.03 TOTALACRE3: IU1 Oat, ________ _j W, GOOWIN ST. SO-PUBllC R1W CERTIFICATE OF SURVEY ANO ,-CCl.RACY I JAMES LONN!EPEACOCK, CERliFY THATTI-IISPl.ATWM ORA1hN l.NCER MY SU~SION FROM AH AClUAL SURVEY M1'llE UOOER MY SU'EfMSICN FROM A(OEED OESCRIPTIOH RECOROEOIN BOOK 322S. PN:x. 95, PLAT RECMOEO 1.N 800K4, P~$3, OR OTrt!A'>; T~l THE BO~ES NOT SURVEYED ARE a.EARLY INDICATED AS ORA~ FROM ~~~TI~~~~~~~~::~~ THAT THIS Pl.AT WN1 PREPAAS> IN ACCOROMCE 'llffll G.S.•7-lDASAMEHOED WTNESSM'fORJGINM.SIGHAT\JRE, RE.GISTRATlON NUMBER NC> SE.AL THIS 13 CAY OF _NCN<,..,EIL, A.O.,=~ -- SURVEi'oR L-S141 "'lnHsE.mmr mt.T THE Slm'VEY IS OF ANOTHE.R CATEGORY. $UCH M THE REOOf'61NATION OF EXISTING PAACELS. A COURT-OR'OERED SI.RVEY, OR OTHER EXEMPTION OR EXCEPTION TO THE OEFINITIOHOF SUBDl\o1SION. CERTlACATE OF Ft.DO(:/NAY INfORMAllON PROPfRTY ~HEREON AH:) IS HOT LOCATED IN A FEMA OESIGNATEOTLOOO ZONE A.COO HAZAAO PANEL NO _l72015CeOOJ_ EFFECTIV! o...re lOi0'.312(,()13_ DATE SUIMVOO -Sl8DIV1SI~ AOMUISTRATOR'S CERTIFICATE T>ISRECOMBINAllON Pt.AT 1$ EXEMPT FIWMREVIEW 8Y THE CHY OF OUNN PLAMf:NG BOARD. ~fil,rlMtld BlJllOO«i SETilA.C'KS FRONT YARO----U RE.AR YARD--1'" SIDEYARD-1(1 DATE OOAAPLAAN!NG OIRECfOR 151.SO' REVIEWa='FICER'SCERTIFICATE STATE Of NORTH CAAOUNA COUNTY OF HARNETT \. haJNTY,CERTIFY'tiW'ti-iewJ~FiZ-~o~~~ CEATIACAnoNlSAFflXED tl.EETS All STAMORV REQUREMENTS FOR RECOROINC. DATE REVIElNOfACER HARIETICOl.ffl'II Rt:GISTEROf OEEOS STAT£ OF N:lRTI1 CAROUNA, HAR.Men COUNTY THS NSJRUMENT W/4S PAESENT'EO FOR REGISTRATION ANO RECORDING 'MS DAY OF ____ _. •. AT _______ _ ----,...,,.,,.,,.,""""'BY""".,...,..,,..,.,.""".,..---REG ol bEeDS ASST. REG. Qf DEEDS NOTI;S l. 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NC 27S().f SC4.LE l~ _JO'~ FEET TELEPHONE: 919-•U2-l580 mlDlJNN • NORTH CAROLINA City Council Agenda Item Meeting Date: December 12, 2023 SUBJECT TITLE Administrative Reports PRESENTER/DEPARTMENT City Manager Neuschafer ATTACHMENT(S) Monthly Reports PUBLIC HEARING PUBLISH DATES PURPOSE: 1) City Manager's Report/ Update on Council Goals 2) Financial Report/Assessment Update 3) Monthly Departmental Reports included: - Planning & Inspections Report -Public Works Report -Public Utilities Report -Wat er Plant Report -Wastewater Treatment Plant Report -Parks & Recreation Report -Po lice Report •DUNN ~ NORTH CAROLINA Strategic Planning Projects FY2023/2024 Primary Goal Plan of Action Status as of Projected Expenses _ ·---__ 11/30/2023 Completi.on Date 1 Staff Retention and Recruitment 1 a Pay Study ' • Completio~· and Presentation to The Pay Study has been fully Complete Council implemented in the proposed FY2024-• Implementation Process 2025 Budget • Review every five years • Create Metrics for rewarding professional dev/certifications • Focus on Employee Care-, -M-o=r-al_a_n_d __ The pay study has been completed. 1b Retention 2 2a Well-Being • Create metrics for rewarding professional/development and certifications Funding Infrastructure Improvements Street Repair • Paving Project Improvements • Create Plan for Street Patching • Create Plan for Small Paving Projects Staff Driven The Paving Project is complete -----------,--• Create Asset Management Plan _________ ~ 2b Stormwater • Prioritize Stormwater Projects -2c Program • Create Plan for Stormwater Repairs Utilities • • Create Plan for Stormwater Maintenance/Asset Management Plan • Repair/Install lines to plan for growth • Create Ordinance to address private laterals • Create Action Plan to address Water Plant Issues 11Page Where communif_J 6e_Jins! Continue to seek funding. Pearsall Street Repair is in Design In Process The ordinance for Sewer Use Ordinance-has been approved by the Council and the State The ordinance for the private sewer lines will be presented for approval at a future meeting. Complete •DUNN ~ NORTH CAROLINA Strategic Planning Projects FY2023/2024 Primary Goal Plan of Action Status as of Projected Expenses -------·-11/30/2023 Completion Date 3 Water Plant Upgrades 3a Evaluate Alternatives and Strategies with Regional Part.:.:.n.:.::e:.:..:rs=----3b ______ Provide Mid-Year Review to Counci_l ------------~----------~---~~-3c Council Decision for Action 4 Stormwater Improvements 4a Prioritize Projects from lnventoey Study 4b Continue to Explore Areas where Improvements can be made ~------s Program for:_Private ll'}ves_tm_e_n_t Sa I Create Incentive Document for Council , Review/Decision ~S-b---.. --~-------· .;_S;.;;.e...;..e'""k Grants/Partnershi~~ Sc • Explore Redevelopment Zone Options/Opportunities _6_~ Water Stora_ge Plan 6a Research Agreements with Regional 6b 6c 7 Agencies __ _ --~------.-...:..P...::la:::.:..;:n for Engineering_Projects to_t,dgress ' Prepare Final Cost Estimate for each ------'-· Project Create Plan for Wellons Property (Carolina Drive) --Create Master Plan/Concept Plan with Community Input 8 . Wayfinding Signage Program , Create Phased Plan with Public Input for Council Approval and Budget 9 Plan for City Facilities/Pr~perties 21Page Where communif_J 6e_Jins! Seeking Funding Merje will be in Dunn for a site visit with City Staff to confirm designated sign locations for Phase 1. mlDlJNN ~ NORTH CAROLINA Strategic Planning Projects FY2023/2024 9a 9b 9c 10 10a 10b 10c Primary Goal Plan of Action Status as of Projected Expenses ---~ 11/30/2023 Completion Date I Create an Asset Management Inventory and Plan ,.....;_ __ _ Hire Consultant to Conduct Facility's Needs t,ssessment E>5Qlore oetions for new Firing Range -------Preparing USDA Grant Application for Public Works Facility Fund Improvements for Parks, Sidewalks and Greenway Connectivity Prioritize Projects from Adopted Plans and Needs • Improvements for Park to Park Pedestrian Trail (Tyler to Tart) • Improvements on North Ashe Avenue where Dunn Erwin Rail Trail crosses North Ashe Avenue near Martin Street, per Pedestrian Plan -----~----u=~date, 2022. ' Research Funding for Projects Progress continues with work currently at S Magnolia Ave. Plan to work with County Parks and Rec to accomplish this goal. --~-~~-~---~-Continue Dialogue with NC DOT ___ ~~~~~--------~-------3IPage 1Uhere communf f_J 6B_Jins! fm l)lJNN • NORTH CAROLINA 401 E Broad St • PO Box 1065 . Dunn, North Carolina 28335 (910) 230-3500 • CityofDunn.org MEMORANDUM To: From: Subject: Date: Honorable Mayor, City Council Members Cary McNallan, Finance Director November Financial Report (unaudited) December 12, 2023 Mayor William P. Elmore Jr. Mayor Pro T em Dr. David L. Bradham Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart Chuck Turnage City Manager Steven Neuschafer • Cash Balances: Cash balances for all funds totaled $4,080,438 as of November 30, 2023, compared to $9,3 06,369 a year ago. The decrease is primarily due to unreimbursed grant/loan proceeds for capital water and sewer project expenditures. $16,000,000 S14,000,000 $12,000,000 $10,000,000 $8,000,000 Cash Balances by Fund $6,000.000 I $4,000,000 $2,000,000 so - #pp##########ffff##A~ ·S2,000,~.,p\l' .,.,v-• ~,· -:,,...,'('-.,.,..:;..,., ~\I' .,.,~", -:,,o'\-.<'>~", .,.,...,, r-,,'o\ -:,,~,,_ ~\I' -:,,...,,. -:,,o\• -:,,~,,_ -:,,...,\1' ~'('--:,,~"' <'>of- "'\ <,\. -.,'-: "' ri,v ci\ .,_o,· ..,_-S -y>. ..,.\. ""' ,,.,-.: "'\' .,, -.,\ 'I\ q,\ ci\ ..,_<§. ...,..., ·$4,000,000 ■General & Grant Funds+ Misc Projs ■ Pol'lell Bill ■ Sewer/Water Ops& Projs ■ Stonmvater Fund ■ARPA Fund • The benchmark for this period is 41. 7% of budget, however, revenues and expenditures will cont inue to be recorded for the next few weeks. • Water and Sewer Revenues for the month of November were $630,962. Our total collected year to date is $2,947,982 or 36.8% of the budget. FY23's year to date for this same time period was $2,917,667. Our budget for the current year is $8,001,900. Where communif:J he_Jinsl • Property Taxes collected by the County for the month of October totaled $278,827 compared to $312,567 for October 2022. FY24 year to date property tax revenues received are $1,018,631. Our total estimated taxes for 2024 are $5,563,300. These totals include taxes for Property, Motor Vehicles, and Downtown Service District. Ad Valorem Tax Revenues by Month Collect ed $1,800,000.00 $1,600,000.00 S 1,400,000.00 $1,200,000.00 $1,000,000.00 $800,000.00 $600,000.00 $400,000.00 $200,000.00 I $-I I • I • • I I I I I I • • . I I I • For Sales Taxes, our August receipts were $308,497. This was $42,682 more than the same period last year. Our budget for sales tax revenue for FY24 is set at $3,095,000, and so far this year we have recorded $601,373, or 19.4%. Sales Tax Reports from the Department of Revenue are provided at least two months behind actual collections. Our next sales tax deposit will be December 15th. $350,000.00 $300,000.00 $250,000.00 $200,000.00 $150,000.00 $100,000.00 $50,000.00 $- Sa les Tax Collections by Month July Sept Nov Jan Mar May July Sept Nov Jan Mar May July '21 '22 '22 '23 '23 • Utilities Sales Taxes are reported quarterly. We have not received any quarterly appropriations for FY24 currently. For 2023 we had not received any allocations at this same time last year. This amount includes Electricity, Natural Gas, Telecommunications, and Video Programming Sales Taxes. Our next report will be received on December 15th. Our budget for 2024 for these four areas is $662,000. • Building Permit Fees for the month of November were $8,009. To date we have collected a total of $80,107 or 50.1 % of the budget. For the same time last year, we had received $46,449. The budget for the 2024 budget year is $160,000. • General Fund expenditures for November were $865,667 and total expensed to date is $5,123,688, or 37.5%, ofour $13,683,168 budget. For July 2022 through November 2022, we had expended $5,578,152. Our Revenue to date is $3,141,605. • The Water and Sewer fund expenditures for November were $587,013 and total expensed to date is $2,745,596, or 25.4%, of our $10,798,090 budget. For July 2022 through November 2022, we had expensed $3,012,695. Water Sewer revenues to date are $3,149,348. • The Stormwater Fund expenditures for November were $113,415. The total expensed to date is $178,101, or 44.4% of the $401,000 total budget for Stormwater. Total Revenues to date are $100,163. • $7,141 in Debt Service payments were made from the General Fund in November. For the year we have made $515,261, or 48.5%, of our $1,062,404 General Fund debt service budget. • $15,112 in Debt Service payments were made from the Water/Sewer in November. The total for the year is $238,702, or 6.1 %, of our $2,871,668 Water /Sewer debt Service budget. rr.ml DlJNN • NORTH CAROLINA 401 E Broad St • PO Box 1065 • Dunn, North Carolina 28335 (910) 230-3500 • CityofDunn.org MEMORANDUM To: From: Subject: Date: Honorable Mayor, City Council Members Cary McNallan, Finance Director Liens and Accounts Receivables (unaudited) December 12, 2023 Mayor William P. Elmore Jr. Mayor Pro T em Dr. David L. Bradham Council Members J. Wesley Sills April L. Gaulden Frank Mclean Billy Tart Chuck Turnage City Manager Steven Neuschafer o The amount owed the city as of November 30, 2023, is $361,206. The amount in excess of 10 years old is $12,641 and not recoverable. o For the month of November, we received six payments totaling $2,800.00 on outstanding debts. The total amount remaining on one of these accounts is $292.41. o There were no new invoices sent out in November. o We have a total of $226,147 in liens filed with another $13,122 in pre-lien letters sent and 20 amendments amounting to $75,139. o Pope Law Group has worked on foreclosures for the City and does not have any new items to report at this time. Where communi{_J he_Jinsl motJNN ~ P!ANNINGANOINSPECTIONS NOVEMBER 2023 I Monthly Development Report Planning & Inspections Department I 102 N. Powell Ave., Dunn, NC 28334 I phone 910-230-3503 I fax 910-230- 9005 I www.dunn-nc.org Code Enforcement Type Number Fire Inspections & Permits Minimum Housing Inspections Non-Residential Inspections lmE'!r~er refuse in container Junk & Debris Violations Household/Indoor Furniture Junk Vehicles Junk Vehicles Removed by City Weeded Lot Violations Overgrowth Dead/Unsafe Trees Misc. Complaints/Public Nuisance Illegal Dumping Illegal Signs Plantings in right of way Large Limbs Yard Waste Permits Issued Permit Fees Collected Inspections Performed Plans Reviewed Certificate of Occupancy's Issued Food Truck Permits Food Truck Renewals ABC Permits Tent Permit s Special Event/Noise Permit mits Issued ection Fees Collected Development Permits 9 3 1 0 3 0 0 0 1 0 0 0 0 0 0 0 4 46 $30,892 198 171 Initial 86.4% 27 re-inspection 13.6 % 18 0 4 7 1 2 2 $105 7 (27 including reinsJ)ections) 2 1240 $450 Deck/Carport/Pavilion/Garage- Screened Porch- Storage Bldg/Barn.-1 ., ~ " ' . ---, .' ' ' , ' ' ---- Sign Permits 10 Plats/Recombination Approved Minor Subdivision Major Subdivision Annexation Easement Zoning Violations/citations- Zoning Verifications- Rezoning/variance- Conditional/Special Use- Business Registration New-5 Renewals-2 Home Occupation- molJNN • PU.NNINGANOINSPECTIONS Fences-1 New Residential Construction-7 New Commercial Construction- Addition- Parking Lot/driveway/siteplan - Other/elec veh charging station- Swimming Pool- $1370 Wall-2 Wall w/elec-2 Freestanding- Freestanding w/elec-3 Highrise- Face Replace-2 (no fee) Yard- Temp Banner-1 Temp- Billboard- Billboard w/elec- Ground- Political- Special Event- $150 $100 $0 $0 $0 $100 $0 $0 $0 $555 $305 $250 $0 Code Enforcement Map November 1st to November 30th, 2023 **Please note, that these are all NEW code enforcement items. This does not include items t hat were followed up on, or are at a later stage in enforcement.** [♦..~ '"1v111 Rt ♦ <•\ ,ok, .. ~-.§· '"i ••• •• 'Jr,_ ~ .... i M:y,.,n .. .... .:~ .... ~• ,..: ♦ ..... -•1,. ~<>',t I, '<-'i:t ◄• -~'(>♦Dunn . "* ♦ ~ .• e·♦ • ':I ,~ >.t::,, I ,l ,s i;_, _<-, ~ Building Permits Map November 2023 £ §3 C,nohl'l.t QC t,lC. ~••g,~• !' ss (' \ ' ✓ '-J fmiDlJNN • PLANNING AND INSPECTIONS I Building Permits Legend I ♦ , ( Building Permits Address Permit Type 2128 W Cumberland St comm build permit 2324 W Cumberland St comm elec permit 900 E Pearsall St comm elec permit 801 Middleton Rd comm elec permit 275 Carlie C's Dr comm elec permit 1501 W Cumberland St comm mech permit 1501 W Cumberland St comm elec permit 802 N Layton Ave res build & dev permit 75 W Core Rd res build & dev permit 802 Middleton Rd res build & dev permit 800 Middleton Rd res build & dev permit 811 Middleton Rd res build & dev permit 813 Middleton Rd res build & dev permit 815 Middleton Rd res build & dev permit 809 Middleton Rd res build & dev permit 121 Jess Ln res build permit 609 W Johnson St res build permit 908 N Mckay Ave res build permit 410 E Pearsall St res build permit 406 S Fayetteville Ave res build permit 200 Cherry Ln Apt SA res elec permit 103 Violet Rd res elec permit 116 Sawyer Cir Apt B res elec permit 503 Erwin Rd res elec permit 306 N Westfield Dr res elec permit 815 E Pearsall St res elec permit 802 Oakwood Ave res mech permit 802 Oakwood Ave res elec permit 400 Ponderosa Dr Apt 28 res mech permit 400 Ponderosa Dr Apt 28 res elec permit 200 Cherry Ln Apt SA res mech permit 503 Erwin Rd res mech permit 815 E Pearsall St res mech permit 200 Cherry Ln Apt SA res plum permit 908 N Mckay Ave res plum permit ~ ·lj. Code Enforcement Map November 2023 0 ~· ~ ., $ <"t; ~6 r.: -.,, -•O 1-,11-,,, Rd .,,.,o--~ ~ c.,, o\ln:i ;t <,,:•ok .. • ·Cil ~ .,..:. ~b . ~~ ~¢' .~ * .t' ~ I "'r,~ ,,: ~ ,. ~C,i , i>o, 1'. 0-t ~; ~ "-o ."1.. ,.• ~'l" ~"' Dtfl}); .:.' ~ 0~ .. ~~ '? v 0 ..... ~ ~ t ~ ~ \ ~, fmllDUNN • PLANNING AND INSPECTIONS I Code Enforcement Legend I Building Permits e!ioead Trees *!iFumiture&Appliances O!iHigh Gra.ss *!illlegal Dumping O!illlegal Signs *!ilmproper Refuse in Container *!ilndoor Furniture/ Appliances eDunlc Ve.hide eDunlc/0ebri.s *!ilarge Limbs *!iMinimum Housing *!iNon-Residential Maint. Code e!iOvergrowth ■!iStop Work Order O&!2vard Waste Violation -{>-!azoning Other ID 18165545 18165255 18165146 18161880 18145894 18145860 18144555 18140537 18093465 18144578 18121101 18129207 18125695 18105732 18105701 Address Number 609 739 511 409 102 609 503 207 590 600 205 500 706 403 105 Street Name W Broad St Carolina Dr E Townsend St E Cole St Queensbury Ct W Broad St E Vance St N Jackson St E Jackson Blvd E Vance St N Washington Ave W Edgerton St W Morris Cir W Greenwood St Ammons Rd Work Type Date Flagged Furniture&Appliances 11/29/2023 10:46:14 AM Furniture&Appliances 11/29/2023 9:43:25 AM Furniture&Appliances 11/29/2023 9:14:51 AM Furniture&Appliances 11/28/2023 10:26:06 AM Furniture&Appliances 11/21/2023 1:27:57 PM Furniture&Appliances 11/21/2023 1:18:11 PM Furniture&Appliances 11/21/2023 9:37:56 AM Furniture&Appliances 11/20/2023 9:46:19 AM Junk Vehicle 11/2/2023 3:51:38 PM Junk/Debris 11/21/2023 9:39:46 AM Junk/Debris 11/13/2023 2:20:15 PM Yard Waste Violation 11/15/2023 2:05:26 PM Yard Waste Violation 11/14/2023 3:57 :39 PM Yard Waste Violation 11/7/2023 1:59:40 PM Yard Waste Violation 11/7/2023 1:49:34 PM CITY OF DUNN 11/27/2023 Case Number Violation Address Owner or Occupant Status or Conditions MINIMUM HOUSING STANDARDS Abandoned, ubstandard housing. Request to inspect issued and the owner did not show for two appointments. Spoke with owner's brother about how to contact her. HC-23-02 125 SorinQ Branch Road Stacev Haroer Pending inspection with warrant. Substandard housing. Conducted Zelm LLC & Co., inspection. Hearing postponed and HC-23-03 824 East Divine Street c/o Lee Alexander Brown will be rescheduled. Substandard housing. Hearing conducted and Order issued to Repair or Demolish by 10-29-23. Owner has it listed for sale and attorney is working on Closing HC-23-04 307 Burke Street Jose De Jesus Juarez documents per owner. Monitoring. HC-23-06 614 East Vance Street Francisco Gerez Caraballo Substandard housing conditions. Pendina lnsoection. William Randy Lucas c/o Charlene J Substandard housing conditions. HC-23-07 101 West Bav Street Sutton Pendina Inspection. Theodore L Williams Jr & Virginia Substandard housing conditions. HC-23-08 211 South MaQnolia Avenue Williams Pendina lnsoection. 401 South Washington Theodore L Williams Jr & Virginia Substandard housing conditions. HC-23-09 Avenue Williams Pendina lnsoection. 403-405 South Washington Theodore L Williams Jr & Virginia Substandard housing conditions. HC-23-10 Avenue Williams Pendina lnsoection. 407 South Washington Theodore L Williams Jr & Virginia Substandard housing conditions. HC-23-11 Avenue Williams Pendina lnsoection. CODE ADMINISTRATION SERVICES REPORT JOHN E. GANUS CITY OF DUNN 11/27/2023 804 South Washington Theodore L Williams Jr & Virginia Substandard housing conditions. HC-23-12 Avenue Williams Pendina Inspection. Substandard housing. Inspection 604-606 South Fayetteville Zelm LLC & Co., c/o Lee Alexander conducted. Hearing postponed and HC-23-14 Avenue Brown will be rescheduled. Substandard housing conditions. HC-23-15 811 East Cumberland Street John Davis Sutton Pendina Inspection. Substandard housing conditio~s. Hearing scheduled for 12-18-23@ HC-23-16 305 West Greenwood Street Frederick E McNeil 10:00. Substandard housing conditions. HC-23-21 604 East Townsend Street Tony W Surles Pendinq Inspection. Substandard housing conditions. HC-23-22 309 North Wilson Avenue Belvin L Strickland Jr Pendinq Inspection. 307 South Washington Substandard housing conditions. HC-23-23 Avenue Thomas E Strickland Pendinq Inspection. Substandard housing. Inspection conducted. Hearing postponed and HC-23-24 404 North Magnolia Avenue The Finn Group LLC will be rescheduled. Substandard housing conditions. HC-23-25 407 West Johnson Street Jose Juan Correa Pendina Inspection. Substandard housing. Inspection conducted. Hearing postponed and HC-23-26 408 North Magnolia Avenue The Finn Group LLC will be rescheduled. Substandard housing conditions. HC-23-27 502 East Surles Street Euqenia McMillian Pendina Inspection. Substandard housing conditions. HC-23-28 611 North Wilson Avenue Frank & Lula Clark Pendina Inspection. Substandard housing conditions. HC-23-29 711 North Maqnolia Avenue James N Wynn Pendina lnsoection. Cora L Morgan c/o Charles E Substandard housing conditions. HC-23-30 806 North King Avenue Morqan Pendina Inspection. CODE ADMINISTRATION SERVICES REPORT JOHN E. GANUS CITY OF DUNN 11/27/2023 Substandard housing conditions. HC-23-31 807 North Layton Avenue Clavton Davis Pendina lnsoection. Substandard housing. Inspection . conducted. Hearing rescheduled HC-23-32 1114 South Clinton Avenue RCC Dawson LLC for 12-18-23@ 11:00. Substandard housing conditions. HC-23-33 413 South Mac:molia Avenue Anchor Investment Properties LLC Pendina lnsoection. Substandard housing conditions. HC-23-34 202 South Samoson Ave Caesar A Brewinoton Jr. Pendino lnsoection. Substandard housing conditions. HC-23-35 1607-1609-1611 Erwin Rd Minnie F Webb Pendina Inspection of aoartments. Abandoned, substandard housing. HC-23-36 809 East Edqerton Street Dunkin Deals LLC Pendina insoection. Abandoned, substandard housing. HC-23-37 1001-1003 N Fayetteville Av Chelsi Fawn Boulware Pendina insoection. Substandard housing conditions. HC-23-38 901 East Johnson Street Anthony B & Robert L Ross Pendinq Inspection. Substandard housing conditions. HC-23-39 402 East Johnson Street Nina C Freeman Pendina Inspection. Substandard housing. Hearing conducted and Order issued to Repair or Demolish by 11-15-23. Spoke with the attorney and a sale is scheduled to close near the end of November. Pending additional HC-23-40 205 North Washinqton Ave Willie Frank McLean information. CODE ADMINISTRATION SERVICES REPORT JOHN E. GANUS CITY OF DUNN 11/27/2023 Substandard housing conditions. Inspection scheduled. Spoke with owner and they expect to close on the sale on 11-03-23. Attempting to obtain updated status and will prepare additional enforcement HC-23-41 816 East Divine Street TLC Properties & Investments LLC action as needed Substandard housing conditions. HC-23-42 1600 Erwin Road Gary Mac West & Carrie Heim Pendina inspection. Substandard housing conditions. HC-23-43 123 Bruce Drive Salvador Macias Cardenas Pendina inspection. Vacant and substandard housing conditions. Inspection scheduled for 09-11-23 with no one showing. HC-23-44 1009 West Harnett Street Linda Healv (Deseased) Pending additional research. Substandard housing. Inspection conducted. Hearing to be HC-23-45 910 East Divine Street Winselow Tucker Sr scheduled soon. 410 South Fayetteville Substandard housing conditions. HC-23-46 Avenue Winged Warriors LLC PendinQ inspection. J and T Properties of Holly Springs Substandard housing conditions. HC-23-47 611 West Pearsall Street LLC Pendina inspection. NON-RESIDENTIAL BUILDINGS OR STRUCTURES CODE ADMINISTRATION SERVICES REPORT JOHN E. GANUS CITY OF DUNN 11/27/2023 Vacant substandard building. Request to inspect issued for 05-08-23 Owner called to advise that he will be out of country and requested New Dunn Hotel LLC c/o Amar N to reschedule when he returns. NR-23-01 510 SprinQ Branch Road Patell Pending additional actions. Vacant substandard building. Inspection conducted on 05-22-23 NR-23-02 508 SprinQ Branch Road Munishree LLC c/o Suresh Patel with owner. Pending further actions. Abandoned storage facility. Inspection conducted on 05-22-23. Discussed with maintenance man what needed to be done to clean up the property and the building. Will NR-23-04 506 North McKay Avenue CL Tart Jr & Mary Lee Brece Tart follow up. CODE ADMINISTRATION SERVICES REPORT JOHN E. GANUS Public Utilities Dept-WTP I October 2023 I Monthly Report 101 E. Cleveland St., Dunn, NC 28334 I phone 910-892-2948 I fax 910-892-8871 I www.dunn-nc.org A.B. Uzzle Water Treatment Facility Total Million Gallons Pumped Average Million Gallons Per Day Pumped Total Million Gallons Bulk Sales 97.246 3.13697 45.347 Water Plant Averages and Total Million Gallons Pumped 2023 120 100 80 V) C: .Q "' (.!J 60 C: .Q ~ 3 2 s 7 4 4 2 9 7 40 20 3 3 3 3. 0 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 2023 9 II Daily Average Pumped II Total Million Gallons Bulk Sales lill Total Million Gallons Pumped *Data from A.B. Uzzle Water Treatment Plant records, and Finance Department billing. 6 1-0ct Water Treatment Plant: Raw water vertical turbine pump and motor replacement. Public Utilities Dept. I September 2023 I Monthly Report 101 E. Cleveland St., Dunn, NC 28334 I phone 910-892-2948 I fax 910-892-8871 I www.dunn-nc.org r •,;-Black River Wastewater October • :; Tr~atment-Facility ~--< ' / Total Million Gallons Treated Average Million Gallons Per Day Treated Rainfall in Inches 45.163 1.457 1.79 *Data from NC DEQ DMR documents and Black River Wastewater Treatment Plant records 1.8 1.6 >-ro 1.4 0 C 1.2 0 1 ro l9 0.8 C 0 0.6 ~ 0.4 0.2 0.7 0.6 0.5 C ro er:: 0 4 -• 0 Vl QJ O 3 ..c • u C 0.2 0.1 0 0 Average Monthly Flow and Rainfall Average Average Daily Flow 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 October Rain Fall 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 October 120 V) 100 C 0 ro 80 l9 C 0 60 40 20 0 Monthly Total Million Gallons Treat ed Total Million Gallons Treated 102.131 86.46 89.37 54.355 0 0 Jan. Feb. March April May June 1 July Aug. Sept. Oct. Nov. Dec. Public Utilities Dept I November 2023 I Monthly Report 101 E. Cleveland St., Dunn, NC 28334 I phone 910-892-2948 I fax 910-892-8871 I www.dunn-nc.org Leak Repair Sewer Tap Renewa ls Sewer Stoppage Sewer Construction Outfall Maintenance Hydrant Repair Utility Locates Repair/Investigations Retire Water and Sewer Services Valve Maintenance Taste and Odor Complaint Water Quality Flushing Low Pressure Complaint 12 8 6 18 16 696 4 3 2 4 PUBLIC WORKS DEPARTMENT NOVEMBER 2023 MONTH LY REPORT 101 E CLEVELAND ST, DUNN NC 28334 PHONE 910-892-2948 FAX 910-892-8871 www.dunn-nc.org STREET DEPARTMENT TYPE ALL ALLEYS WEED EATED ASPHALT CUTS ASPHALT TACK KETTLE CHRISTMAS LIGHTS CLEANED ALL CITY TRASH CANS CLEANED ALLEY TRASH CURB & GUTTER DEAD TREE LIMB HANGING OVER ROAD FLAG MAINTENANCE FURNITURE HOLE IN ROAD LEAVES LIMBS NEEDS 15 BARRELLS FOR DUMA ON CALL PAVEMENT GIVING WAY POTHOLE REPUBLIC SERVICES COMPLAINTS SHOULDER DROP OFF SIDEWALK MAINTENANCE SIGN DOWN ATS MCKAY/CUMBERLAND STOP SIGN DOWN STORM DRAIN MAINTENANCE TURN RADIUS NEEDS ASPHALT UTILITY CUT WANTS DRIVEWAY PUT IN YARD MAINTENANCE TOTAL WORK ORDERS NUMBER 1 3 1 1 3 8 2 1 1 159 1 466 303 1 1 1 4 18 1 1 1 1 26 1 3 1 1 1011 PUBLIC WORKS DEPARTMENT NOVEMBER 2023 MONTHLY REPORT 101 E CLEVELAND ST, DUNN NC 28334 PHONE 910-892-2948 FAX 910-892-8871 www.dunn-nc.org TONNAGE REPORT TYPE SOLID WASTE IN TONS YARD WASTE IN TONS RECYCLING WASTE IN TONS GRAND TOTAL TONS *Data from Republic Services Report NUMBER 221.2 41.38 16.31 278.89 PUBLIC WORKS DEPARTMENT NOVEMBER 2023 MONTHLY REPORT 101 E CLEVELAND ST, DUNN NC 28334 PHONE 910-892-2948 FAX 910-892-8871 www.dunn-nc.org CEMETERY DEPARTMENT TYPE FILL IN GRAVES MOWING & WEED EATING OPEN/CLOSED PICK UP TRASH TOTAL WORK ORDERS NUMBER 32 12 13 3 60 I □DUNN PARKS AND RECREATION 205 Jackson Rd • PO Box 1065 • Dunn, North Carolina 28335 (910) 892-2976 • CityofDunn.org Winter Programs P K Vyas Center November Monthly Report Clarence Lee Tart Memorial Park Nathan Harris Athletic Complex @ Tyler Park Baseball & Softball Field Rentals Tennis Courts Picnic Shelter Rentals Instructional Basketball l OUB Basketball lOUG Basketball 13UB Basketball 13UG Basketball 15UB Basketball PK Vyas Recreational Walkers Free Play 14-17 years old Free Play 11-13 years old Free Play IO & Under years old Adult Play Batting Cage Rentals Pickleball Players Racquetball Court 2023 0 0 0 0 12 0 0 36 44 10 41 11 11 144 26 20 3 26 0 62 0 Cemetery Report Existin section 1-9, 11 13 & 15 6,960 6,536 424 Section 12 432 9 423 488 8 Existin Section A -F 3,448 1,492 1,844 Existin section I, II, III 272 272 0 Section G -P not et o en 3,336 0 0 Monthly Recreation Report 2023 CITY OF DU PARKS AND RECREATION November Monthly Narrative Report Coed Adult Softball The season began on Wednesday, October 18th. Their games are played at Tart Park on Monday and Wednesday evenings. This season we had a total of 88 participants with a total of 5 teams. They will begin their tournament playoff the week of November 27th and end the week of December 6th. Basketball Registration Registration began on October 3rd for ages 5-15 and ended on November 16th for all leagues. Draft dates took place the week of November 18th. We have four lOU boys & 13U boys' teams, a team each in for the 1 OU girls, 13U girls, 15U boy's teams. Our 1 OU boys and 13U boys' teams will play in-house and other teams will play within Hamett County. Our instructional league will begin on Saturday, December 9t11, and we will have a total of four teams. Recreation Advisory Board The last meeting was held on Tuesday, November 21, 2023, at 6:00 p.m. at the Multipurpose Room in the P K Vyas Recreation Center. The next meeting will be held on February 20th at 6:00 p.m. in the Dunn Community Center. Dll D ONN October 2023 I Monthly Development Report Dunn Police Department I 401 East Broad St., Dunn, NC 28334 I phone 910-230-3503 fax 910-230-9005 I www.dunn-nc.org Crime Arrest/Further Investigation Number Homicide Rape Robbery Aggravated Assault Burglary Forcible Entry Burglary Non-Forced Entry Larceny from Motor Vehicle Larceny all-other Simple Assaults Criminal Investigations Division 0 0 1 0 5 7 2 30 8 Assigned Cases Cases Closed Recovered Property Arrests M Search Warrants F Executed 48 48 $12,200 1 14 8 CID Narrative: Narcotics Division -~~~~~~~~~-~-- Marijuana Cocaine Methamphetamine Heroin Pills Other Drugs 0 0 85 grams 0 0 21 grams of Fentanyl Us Currency Firearms Property Value Search Felony Misdemeanor Seized Seized Recovered Warrants Arrests Arrests 0 0 $56,200 7 3 3 Narcotics Narrative: Street Value of Seized Drugs for the month of October is $3,820 . Total Drop Box Medication collected for the month of October is 1,579.5 grams. rOl D UNN 1·it~ ur dunn ""'" ,_"'f:5! 1Natar/ Patrol Division Speeding (Infraction) 94 Seat Belt 19 Passenger Seat Belt Juvenile 3 No Operators License 41 Driving while License Revoked 74 Failure to Stop (Stop Sign) 13 Running Red Light 5 Failure to reduce speed 2 Misdemeanor Arrests 86 Felony Arrests 34 Firearms Seized 10 Marijuana Seized 353.50 grams Cocaine Seized 2 grams Heroin Seized 9.1 grams Other Drugs Seized 1,581.50 grams U.S. Currency Seized 0 Patrol Narrative: The Dunn Police Department answered 2,135 total calls for service for the month of October. We wrote accident reports for 69 of those calls. CITY OF ~DUNN NORTH CAROLINA Where communi{_J 6e_Jinsl <3p&i,at~ ~ ~ CU'l'WJIB Anet Cmtncit ~ DUNN ***** j-lnnouncements {J)unn City Counci{ ~eeting {J)ecem6er 12} 2023 • City of Dunn offices will be closed on Monday, December 25th through Wednesday, December 27th for the Christmas Holiday. • Offices will also be closed on Monday, January 1st for the New Year's Holiday. • An Orientation will be held for the Council on Wednesday, January 3rd at 4:00 p.m. here in Council Chambers. • The next regular City Council Meeting is scheduled for Tuesday, January 9th at 6:30 pm. DUNN HOUSING AUTHORITY BOARD OF COMMISSIONERS MEETING MONDAY, OCTOBER 16, 2023 MINUTES The Commissioners of the Dunn Housing Authority ("DHA") met in regular session at 817 Stewart Street, in Dunn, North Carolina, on Monday, October 16, 2023. Following "Words of Encouragement" by Eddie Draughon, the meeting was called to order at 4:00pm. Upon roll call, the following were present and absent: Present: Board Chair, Lester Lee, Jr, Vice-Chair, Eddie Draughon, and Commissioners Sharon Gant and Kyle Thrower. Secretary Felicia Chester was also present. Absent: Lois Dail was excused for personal reasons. Public Comment Period: There were no public attendees or comments. Approval of Meeting Minutes: The motion to accept the minutes from t he Regular September meeting was made by Sharon Gant and seconded by Eddie Draughon. Ayes and Nays for both were as follows: Ayes Lester E. l ee, Jr. Eddie Draughon Sharon Gant Kyle Thrower MINUTES OF THE REGULAR SEPTEMBER 2023 BOARD MEETING WERE READ AND ACCEPTED. The motion to accept the minutes from the Special Sept ember meeting was made by Eddie Draughon and seconded by Sharon Gant. Ayes and Nays for both were as follows: Ayes Lester E. Lee, Jr. Eddie Draughon Sharon Gant Kyle Thrower MINUTES OF THE SPECIAL SEPTEMBER 2023 BOARD MEETING WERE READ AND ACCEPTED. Occupancy and Rent Report through 09/30/2023: 1 There were (2) move-ins, and (2) move-outs during the month of September 2023. Total dwelling rent charged for the month of September was $48,913.00. Based on financial data reported, the total revenue collected was $48,538.00. There were a few questions regarding the vacant units. Lester lee inquired about information he had seen in the newspaper regarding suspending accepting applications. Felicia Chester explained the need to work from the established waiting list and to determine which applications wanted to remain, in addition to tenants, who needed to be transferred to other units. Review of Financial Balance Report: The Board had the opportunity to review the Financial Balance Report prior to the meeting. There were a few questions, but overall, the Board thought the budget was in good standing. Business: The Board was presented with a model copy of an Indefinite Quantity Contract to get a better understanding of the contract to be renewed with Stogner Architecture. After a brief conversation, the decision to extend the contract for an additional 12 months was unanimous. Communications: In 2022, DHA received tax bills from Harnett County for storm water fees and solid waste fees. This year we received the bills again. Based on conversations with the Harnett County Tax Department and the City of Dunn, it was determined that DHA would not be exempt from paying these taxes, as these taxes were not under the PILOT umbrella. There was a brief discussion about the drainage ditch/canal behind McKay Courts and the potential danger it posed to the citizens living in that community. Other Business: In preparation for the budget meeting in November, Felicia Chester inquired about salary increases for the Maintenance Staff and the Office Staff. She reminded the Board of the higher prices for everything including human resources and the difficulty with finding quality staff. Kyle Thrower reviewed the amount s that had been budgeted for salaries and stated that the budget was in good standing for granting raises for 2024 and after further discussion, the other members agreed. A motion to approve an 8% raise for Maintenance and Office Staff and a 10% raise for the Executive Director was made by Eddie Draughon and seconded by Kyle Thrower. Ayes and Nays for both were as follows: Ayes Lester E. Lee, Jr. Eddie Draughon Sharon Gant Kyle Thrower MOTION CARRIED. RESOLUTION 2023-10 Nays 2 The Board was asked to consider extending B & B Lawncare's contract for one more year before. It was suggested that the discussion be tabled to give B & B Lawncare an opportunity to complete work on the properties and at the Administrative Office. The motion to table the discussion was made by Kyle Thrower and seconded by Eddie Draughon. Ayes and Nays for both were as follows: Ayes Lester E. Lee, Jr. Eddie Draughon Sharon Gant Kyle Thrower Adjournment: Nays A motion to adjourn was made by Eddie Draughon and seconded by Kyle Thrower. All members were in favor and the meeting adjourned at 5:40pm. ~~ Lester E. Lee, Jr., Chair Felicia Chester, Secretary 3 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. 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 T To protect the attorney-client privilege. To consider and give instructions concerning a potential or actual claim, administrative procedure, or judicial action. To consider and give instructions concerning a judicial action titled _____ vs ____ _ [N.C.G.S. 143-318.11 (a)(4)] To discuss matters relating to the location or expansion of business in the area served by this body. [N.C.G.S. 143-318.11(a)(5)] To establish or instruct the staff or agent concerning the negotiation of the price and terms of a contract concerning the acquisition of real property located at --------(OR) To establish or instruct the staff or agent concerning the negotiations of the amount of compensation or other terms of an employment contract. [N.C.G.S. 143-318.11(a)(6)] To consider the qualifications, competence, performance, condition of appointment of a public officer or employee or prospective public officer or employee. (OR) To hear or investigate a complaint, charge, or grievance by or against a public officer or employee. [N.C.G.S. 143-318.11(a)(7)] To plan, conduct, or hear reports concerning investigations of alleged criminal conduct. School violence 143-318.11 (a)(8) and terrorist activity (9).