CITY OF DUNN NORTH CAROLINA Where community begins!  Dunn City Council Regular Meeting Tuesday, July 23, 2024  1887  6:30 p.m., Dunn Municipal Building PLEASE TURN OFF OR SILENCE CELL PHONES  AGENDA  Call to Order = Mayor William P. Elmore, Jr.  Invocation - Reverend Dennis Manuel - East Granville Street CGP  Pledge of Allegiance  1) Adjustment and Approval of the July 23, 2024 meeting agenda  PRESENTATION  2) Update - BRIC Grant Award  PUBLIC COMMENT PERIOD  3) Each Speaker should limit comments to 3 minutes and must sign up on sheet available on the podium within the Council Chambers prior to the start of the meeting. Total  comment period limited to 30 minutes. 4) Minutes - June 11 and June 25, 2024 6) Fee Schedule correction  CONSENT ITEMS  5) Resolution - Assignment of Authorized Personnel for Banking Access  ITEMS FOR DISCUSSION AND/OR DECISION  7) CZ-06.24-Conditional Rezone - North Powell Avenue  a) Public Hearing b) Decision a) Public Hearing b) Decision 9) Demolition - 614 E Vance Street a) Public Hearing b) Decision 10) Updated Purchasing Policy 11) Administrative Reports  8) OA-02-24 Ordinance Amendment - Gas Pump text amendment  a) City Manager's Report/Update on Council Goals b) Financial ReporlAssessment Update c) Department Reports Public Information Parks & Recreation/Police  Public Works/Public Utilities Planning & Inspections  12) Announcements 13) Information  14) Closed Session - If called, the General Statute(s) allowing the Closed Session will be  cited in the motion ADJOURNMENT  "This institution is an equal opportunity provider and employer"    Adjustment and Approval  Oft the July 23,2024  Meeting Agenda  Recommendation:  Motion to adopt the July 23, 2024, meeting agenda as presented.  Or  Motion to adopt the July 23, 2024, meeting agenda as presented with the  following changes:  Additions: (Assign Number on the. Agenda such as 28A)  Removal ofthe following items(s):  Move Item ofBusiness from one section to another section (such as moving item from Consent Items to Items for Discussion and/or  Decision).    CITY OF DUNN NORTH CAROLINA  18877  City Council Agenda Item  Meeting Date: July23,2024 SUBJECT TITLE PRESENTERIDEPARTMENT ATTACHMENT[S) PUBLIC HEARING PUBLISH DATES PURPOSE:  Update - BRIC Grant Award Government.  Samantha Wullenwaber - Mid Carolina Regional Council of  Mrs. Wullenwaber will present updated information regarding the BRIC Grant Award.  DUNN  198 2013    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. 3. 4.  The Public Comment Period shall be for thirty (30) minutes.  Comments are limited to three (3) minutes per speaker. A speaker can not give Each speaker must be recognized by the Mayor or presiding member of the City  their allotted minutes to another speaker to increase that person's allotted time.  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 ofthe room and begin their remarks by stating their name and address. carried to the next regular meeting of the City Council and placed first on the Public Comment  5. Period. 6.  Individuals who sign up but can not speak because of time constraints, will be  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 Staffa and audience.  7. Groups supporting or opposing the same position shall designate a spokesperson  to address the City Council in order to avoid redundancy.  8.  After the citizen has made his or her remarks, he or she will be seated with no  further debate, dialogue or comment.    9. The Public Comment Period is not intended to require the City Council to answer any impromptu questions. Speakers will address all comments to the City Council as a whole and not one individual Council member. Discussions between speakers and members of the audience will not be allowed. The City Council will not take action, or respond to questions  about, issues raised during the Public Comment Period at the same meeting.  10. Speakers shall refrain from discussing any of the following: matters which concern the candidacy of any person seeking public office, including the candidacy of the person addressing the City Council; matters which involve pending litigation; matters which have been or will be the subject of a public hearing; and matters involving specific personnel issues related to disciplinary matters. If the speaker wishes to address specific personnel issues related to disciplinary matters, he or she should take their comments to the City Manager, who shall share  the comments with the City Council.  11. Speakers shall be courteous in their language and presentation.  12. The Mayor and City Manager shall determine, on a month to month basis, where the Public Comment Period will appear on the monthly agenda when developing the agenda,  prior to its publication.  13. The Public Comment Period shall only be held during the regularly scheduled monthly meeting of the City Council. There shall not be a Public Comment Period at any other  meetings oft the City Council, unless specifically approved by the City Council.    Consent Items  Recommendation:  Motion to approve all Consent Items as presented.    CITY OF DUNN NORTH CAROLINA  18877  Council  City  Agenda Item  Meeting Date: uly23,2024  Minutes- - June 11 Work Session and June 25 Regular  SUBJECT TITLE PRESENTERDEPARIMENT ATTACHMENT/S PUBLIC HEARING PUBLISH DATES PURPOSE:  Meeting Deputy City Clerk Matti Draft Minutes  Approve Minutes prepared by Tammy Williams.  BACKGROUND:  BUDGET IMPACT:  REÇOMMENDED REQUESTED OF COUNCIL  DUNN ***** All-AmericaCity 1989 *2013  MOTION/ACTION Motion to approve Minutes as presented.    Dunn City Council Work Session Tuesday, June 11,2024 6:30 p.m., Dunn Municipal Building  Minutes  PRESENT: Mayor William P. Elmore Jr., Mayor Pro Tem J. Wesley Sills, Council Members Raquel McNeil, April Gaulden, Alan Hargis, and Dr. David L. Bradham. ABSENT: Council Member Billy N. Tart Also present: City Manager Steven Neuschafer; Assistant City Manager Billy R. Godwin, Finance Director Cary McNallan, Chief of Police Cary Jackson, Collections and Distribution Manager Billy Cottle, Water Plant Manager Ian Stroud, Administrative Support Specialist Amber Groves, City Attorney Tilghman Pope, and City Clerk Tammy Mayor Elmore opened the meeting at 6:30 p.m. and Council Member Bradham gave. the invocation. Afterwards, Motion by Council Member Bradham and second by Council Member Gaulden to adopt the June 11,2024 meeting agenda as presented with the following addition: Legal Services Agreement - Litigation AgainstManufacturers: of  Williams.  CALLTOORDER. AND INVOCATION  Council Member Gaulden ledi in the Pledge of Allegiance. AGENDA ADJUSTMENT AND APPROVAL  Forever Chemicals. Motion unanimously approved.  PRESENTATIONS Juneteenth Proclamation  Mayor Elmore read the Proclamation declaring June 19, 2024 as Juneteenth in the City of Dunn. Council Member McNeil sharedi information about the upcoming Juneteenth Celebration to be held at Codrington Park. A copyofthe  Proclamation (P2024-05) is incorporated. into these minutes asAttachment: #1 Mayor Elmore read aj prepared statement from thel Mayor and Council as follows:  PUBLICHEARING- -FY25 Budget  "Citizens of Dunn, tonight the City Council, and Iare happy to hear and receive your comments on the proposed Fiscal Year 2024-2025 budget fort the Gity of Dunn The Council will not vote on the budget tonight, the actual vote to adopt thel budget will take place at the) June 25th regular Council meeting. The proposed budget has been on file and available for review since June 1st.Under: State law, the budget must be balanced and take effect on) July 1st. The proposed budget is the product of many months of hard work. Getting to this point is a daunting task and requires much discussion among the council,the city administration and department heads on how best to: spend The City has many competing needs that must be weighed and balanced against each other in the budget process. This ranges from state mandated improvements to the city's water and sewer infrastructure; to citizens reasonable demands for stormwater system improvements to alleviate flooding throughout the city. It also includes departmental funding requests for new equipment and for maintenance of existing equipment. Added to these is the need to keep our employee compensation package competitive sO our hard-working employees and police officers stay with us and not take their knowledge, skills and experience to other communities. We are blessed to have such a dedicated workforce and this council is committed to ensuring our employees are taken Ultimately, al budget must be adopted that maintains thel level of service the citizens of Dunn want and deserve. We must find aj proper balance between what the city should spend and what the city must spend to meet the needs of the taxpayers. Obtaining that balance requires an honest analysis, frank discussion, much compromise, and tough Thus far, hundreds of thousands of dollars of worthy requests have been removed from the proposed budget and what you have before you is the result of that process. Along with the monetary cuts, we also will use several  the public's money.  care of.  decisions to make the process work.    hundred thousand dollars of funds recognized from savings in our current budget. These funds will be used to The budget includes a property tax rate increase of $0.04 per $100 valuation of real property. Each penny of property tax generates $112,942 and the proposed increase will generate $451,768 annually. The city leadership realizes there's an immediate need for major street repairs throughout our city. It is our opinion that the opportunity to borrow money for a major paving project such as this can be done by utilizing al USDA loan at al low interest rate. Therefore, the city plans to borrow between 4 and 51 million dollars, which would allow us to have a much larger impact on paving streets and other street related repairs. The annual debt service on that loan would ber repaid by the four-cent property tax increase, the entire amount of $451,768 generated by the increase will be used tor repay thel loan. Without this increased revenue, this significant paving projectcould not be done. This budget also eliminates all monetary contributions to the Dunn Police Athletic League. PAL is the only nonprofit organization receiving funding from the city. The city was instrumentalint the: startup of PALi in 1993and has provided funding since itsi inception. In 2013, PAL: separated from the City of Dunn and became a stand-alone 501C3 nonprofit entity. Since 2013, the city has contributed $2,274,387.00 directly to the PAL program, even. In addition to direct funding, one police officer has always been assigned full time to PAL. However, the officer assigned to that position recently took a job with another agency and is'nol longer employed by then city. At this point, funded in the budget are plans to assign another officer to PAL once the staffing shortages in the Police The nonprofit status obtained by PAL has allowed them the opportunity to successfully receive grants and other private funding. The organization appears to have done well with those efforts. PAL's budget last year was $884,615. Ift they received the revenues projected in that budget, that would indicate that they were successful in raising $769,000, above the city's contribution of $115,000. We as a city are proud of the PAL organization and are thankful for the community support that they receive, Ultimately, it does not seem fair to raise property taxes and continue funding a self-sustaining nonprofit organization, even a service. organization like PAL. There are many In conclusion, we believe that this proposed Fiscal year 2024-2025 budget strikes a proper balance of what the  balance the proposed budget.  thoughi it'st totally independent ofa and nota a city department.  Department are resolved.  other worthy nonprofit: service organizations who receive not funding from this city. City must: spend and needstospend to meet the goals of this Board and the citizens we serve."  Mayor Elmore opened thel Public Hearing at 6:42 p.m.  City Manager Neuschafer reported on the seven letters from the public that were submitted to the city clerk prior to the meeting tonight with the last collection at 6:00 p.m. All letters were submitted to the Council by email and available at their desk. Letters were received from Dunn PALI Board of Directors, Emmett Aldredge III with ARC3 Gases, J. Dal Snipes, Janet J. Doffermyre Ed.D,Dr PK Vyas MD of Eastern Carolina Medical Center, Kristina Harrell, EVP with the Dunn Area Chamberof Commerce and Emily McBryde-Wilson. All thel letters encouraged the Council The following spoke during the Public Hearing: former Council Member Carnell Robinson, former Council Member Joey Tart, Ronald Ross, Jesse Schmidlin, Nathan Williams, Shwana Cameron Williams, Shephard Massey, Regina Tew, Crystal Moore, Boris Ashford, James Berry, Janet Doffermyre, and Crystal McBryde spoke against the existing budget which does not provide funding for the Dunn Police. Athletic & Activities League, Inc. All spoke of the many positive influences of the PAL organization in the community and asked the Council to reconsider PALI funding. Council Member McNeil commented that she appreciates and believes in PAL and realizes the wonderful things they do for the young people in her ward. She added that it is a difficult decision for the Council to make and  to continue funding the Dunn PAL organization.  encouraged community support in funding andi in volunteering. With no additional comments, the Public Hearing was closed. ITEMS FOR DISCUSSION AND/OR DECISION Annexation ANX-02-2024 Fairground Rd    City Manager Neuschafer presented a request to consider adoption of resolution fixing the date for a Public Hearing for June 25, 2024, for the voluntary contiguous annexation petition ANX-02-24. The Council adopted a Resolution Directing the Clerk to Investigate the Voluntary Annexation at the May 28 Council meeting and the Motion by Council Member Hargis and second by Mayor Pro Tem Sills to adopt the Resolution Fixing Date ofa Public Hearing as June 25, 2024, at 6:30 p.m. for the Voluntary Contiguous Annexation Petition ANX-02-24. Motion unanimously approved. A copy of the Resolution (R2024-22) is incorporated into these minutes as City Manager Neuschafer presented a request to extend the current landscape agreement with Old Mill Stream for 18 months. Iti is difficult to transition contractors in the middle of the grass cutting season and the end of) June is when the contract expires. This change will allow for bidding and accepting bids, next summer and then transitioning, if there is a transition, during the winter and not growing season just to make sure that we. have a seamless transition, ift there is one. Current Monthly Payments are $14,445 with proposed Monthly Payments at After discussion, motion by Mayor Pro Tem Sills and: second byCouncil Member Gaulden to approve the extension City Attorney Tilghman Pope presented request to engage the law firms of Baron & Budd, P.C., Cossich, Sumich, Parsiola & Taylor, LLC and the Hutchens Law Firm, to represent the City of Dunn in litigation against manufacturers of aqueous film forming foam ("AFFF"), perfluoroalkyl substances ("PFAS"), including perfluorooctanoic acid ("PFOA" or "C8") and perfluoro octane sulfonate ("PFOS") and other related compounds, collectively forever chemicals". The Environmental Protection. Agency has announced new regulations regarding the amount of forever chemicals that can be contained in drinking water, whichwhen adopted, will require every producer of public drinking water throughout the country to spend a lot of money on equipment and training and There are three different law firms indicated, with the local one being the Hutchins Law Firm out of Fayetteville, representing about 25 cities and countiès throughout North Carolina against the manufacturers of forever chemicals to try and recoup some of the costs that the city will incur due to these mandatory upgrades. The proposed legal services agreement will authorize them to represent the City in this federal litigation. It is all on a contingency fee, which means the city will incurs no attorney fee unless they make a recovery on the city's behalf. In Motion by Council Member Bradham and second by Council Member McNeil to approve the. Legal Services Agreement with the law firms of Baron & Budd, P.C., Cossich, Sumich, Parsiola & Taylor, LLC, and the Hutchens Law Firm to represent the City of Dunn in litigation against the manufacturers of forever chemicals as presented.  Certificate of Sufficiency has been completed by the Clerka and provided to Council.  Attachment #2.  Landscape Maintenance Contract Extension  $15,960.  of the Oldi Mill Stream contract for fiscal year 2024-2025. Motion unanimously approved. Legal Services Agreement-1 Litigation Against Manufacturers. of Forever Chemicals  stafft to modify and further filter these chemicals out ofthe water.  which event, they getreimbursed: 25% oft the recovery.  Motion unanimously approved. ITEMSI FORI DISCUSSION  CZ-04-24-1 Conditional Rezoning; 1 parcel at 112SF Fayetteville Ave  Assistant City Manager Godwin introduced Haley Hogg, Planning Director with Mid-Carolina Regional Council of Governments and shared her experience with the Council. Haley presented CZ-04-24, whichi is a conditional zoning application for 112 S Fayetteville Ave. The property is 52 acres and has an existing building, which has been vacant for some time. The applicant is requesting a conditional zoning to rezone from C3 highway commercial district to C1, which is the central commercial district with conditional zoning. The applicant was requesting to permit only multi-family, restaurant, banquet/event space; bar/aver/migobrwey, and general commercial. If approved, the multifamily use and the banquet and event space use would still be subject to a special use permit in Staff finds the rezoning has been determined to be reasonable and consistent with the surrounding conditions and development pattern of the area, as well as the Future Land Use map. The parcel is designated as Downtown and the Future Land Use Map, which includes a mixture of residential, retail, and entertainment uses. All of which include the proposed uses by the applicant. At the June 4 Planning Board meeting, the Board did bring up some  addition to this rezoning.    concerns regarding parking at that meeting, especially as it pertains to thej potential banquet or event space use of the site. Ultimately, though, they voted four in favor, and one opposed to recommending approval to the Council. The Public Hearing will be held at the June 25 City Council meeting. After discussion on the location of the multi- Haley presented a request to rezone three parcels located at the intersection of Jernigan Road and US 301 North from R-20, Residential District to C-3, Highway Commercial District Conditional Zoning District: to permit only Self-Storage. The property is located at the corner of the gateway into Dunn, from the north into the town or into the city and C3 is a compatible zoning district with what's out there currently along 301. Even though self-storage is not entirely desirable sometimes at al high profile or al highly visible gateway into the community, iti is consistent with that current development pattern occurring in that area. At the June 4 Planning Board meeting, there was some neighborhood opposition from the residential neighbors on Jernigan Road and they felt that the use would bei incompatible potentially with their residential uses. The Planning Board voted three in favor and two opposed The first condition recommended was limiting the use of self-storage facility as outlined in the application. They also recommended: a condition to require a type Al landscape buffer along the residential properties. They required orr recommended a condition that no access be permitted off of] Jernigan Rd: since that is where the residential uses were located. They also recommended a condition that a six-foot-tall privacy fence be required in the Type A buffer to provide additional screening for those residential homes. The Public Hearing and Decision is scheduled fort the) June 25 Council meeting. After questions related tol DOTrequirements, the discussion was closed. This conditional rezoning request is for three parcels located off of North Powell Ave, with access to W Cumberland St. There are two parcels included that are: zoned R20 and the third parcel is split zoned between R20 and C2. The applicant is not proposing to modify the C2 zoning. They want to reserve that for potential future commercial development if anyone wants to develop that in the future, but they are requesting to rezone the R20 portions from R201 tol MXU mixed-use district conditional zoning. Theya are requesting tol limit the uses of the site to residential, which would be single family detached and: single family attached townhomes. They are also proposing the uses to allow recreational facilities, indoor and outdoor. The use of townhomes, ift the rezoning is approved, After reviewing the application, staff determined the request is consistent and reasonable with the development pattern in the area. The future land use map does designate the property as medium density residential, which includes a variety of uses or mixed uses of townhomes, single family. The applicant did also submit a master plan and the plan does meet the minimum requirements of the UDO: and shows the general location and layout of where the single family and townhomes could be located as well as the amenity area in some open space. This isj just the preliminary master plan, so a more detailed plan typically comes in at the special use permit when you get to the townhome use. And then for the preliminary plat is when you would see the lots laid out after they do the engineering and design al little bit. At the Planning Board, there was no neighborhood opposition at the meeting. However, the board did have concerns related to thel level of detail on the master plan and requested the applicant provide a little bit more detail and ultimately made a motion to table the item until the July 2 Planning Board City Manager Neuschafer updated the Council on the wastewater: allocation program toi include reviewing the SOC projects tied to the allocation program. He shared that the number of gallons for each bedroom was amended by the State of North Carolina on December 13, 2023 and that memo was included in the packet. The City has a certain amount of sewer allocation that is allowed to be used for new development Under the policy, the city manager is able to grant allocation up to 10,000 gallons per day for non-residential allocation. The City's current number of allocations is 332,000 gallons. That is what we have been allowed to allocate since the SOC was agreed upon. So that 332,000 gallons is a gallons per day number. In addition to that, as we complete projects, that number will increase by a specified amount that's in the SOC. As an example, our wastewater treatment plant project is winding down and getting ready tol be completed in the next couple of months. He anticipates byt the time we close out the project later this summer, we'll be allowed to add that allocation which is valued in our quotes at 100,000 gallons per day. So later on, this summer, if that number were to stay the same, we'd be looking at  family, which is proposed for upstairs, discussion was closed. CZ-05-24- Conditional Rezoning; 3j parcels Jernigan Rd/US301 N  tor recommending approval with the following conditions.  C-0624-Conditional Rezoning; 3 parcels NI Powell Ave/W Cumberland  would: stilll be subject to a special use permit as well.  meeting with that request. Wastewater Allocation Report  432,000 gallons per day to allocate.    Rooms To Goi industrial development is seekinga2 29,400-gallon allocation in theira application to develop 100 acres just north of Rooms To Go. So that request will bej presented at the June 25 Council meeting. Currently, the city is sitting at about 265,000-gallon allocation remaining. So, we have al lot of ability to add development and sewer He added that all the projects related to the SOC are to be completed at the end of 2026 and at that time they'll evaluate whether or not the work completed is sufficient to eliminate our stormwater and our wastewater Mayor Pro' Tem Sills did ask City Manager Neuschafer to explain the decline in funding, to the Library system. He confirmed that all reductions in the Library system are related to the Library being absorbed by the county and Council Member McNeil requested that some amount be added to the budget for funding PAL and with no Mayor Elmore announced upcoming events and activities. He also updated, that the City of Dunn is being awarded agrant for stormwater repairs. The grant is $500,000 and that will go toward some projects that we are focused He reported that Congressman Wiley Nickel presented a grant of $1,466,000 to the 195/140 Economic Development Alliance. The Magnolia School building is under construction: now to be transformed into a state-of- the-art facility that willl be: a workforce training centertot train people in ourarea for needed industry. There is also anew building being! built in Four Oaks for workforce training. The Dunn operation will do biotech training as well as computer training and also have offices for new industry. The Four Oaks site will provide advanced With no additional business, Mayor Elmore adjourned the meeting at 8:30 p.m., with no objections.  taps to the: system. overflow! issues. Budget Discussion  becoming part of the countywide Library system. additional comments the discussion was closed. Announcements/Imformation  on, but the city still needs to find al large amount of money to fund these stormwater projects.  manufacturing training.  William P. Elmore) Jr. Mayor  Attest:  Tammy Williams, CMC, NCCMC  City Clerk    Dunn City Council Regular Meeting Tuesday, June 25, 2024 6:30 p.m., Dunn Municipal Building  Minutes  PRESENT: Mayor William P. Elmore Jr., Mayor Pro Tem J. Wesley Sills, Council Members Raquel McNeil, Also present: City Manager Steven Neuschafer, Assistant City Manager Billy R. Godwin, Finance Director Cary McNallan, Chief of Police Cary, Jackson, Acting Planning Director Haley Hogg, Parks and Recreation Director Brian McNeill, Public Works Director Dwayne Williams, Collections and Distribution Manager Billy Cottle, Water Plant Manager lan. Stroud, Wastewater Plant Manager Donrie Dukes, Administrativesupport: Specialist Amber Groves, City Mayor Elmore opened the meeting at 6:30 p.m. and Rev Zack Rowe, Youth and Outreach Pastor at Gospel Tabernacle Church gave thei invocation. Afterwards, Mayor Pro Tem Sills ledi in the Pledge of Allegiance. Motion by Mayor Pro Tem Sills and second by Council Member Gaulden to adopt the) June 25, 2024 meeting agenda  April Gaulden, Billy N. Tart, Alan Hargis, and Dr. David L. Bradham.  Attorney Tilghman Pope, and City Clerk Tammy Williams. CALLTOORDER. AND INVOCATION  AGENDA ADJUSTMENT AND APPROVAL as presented. Motion unanimously approved. Officer Recognition - Zachary Jacobs thel Leadership Certificate Program. PUBLIC COMMENT PERIOD period was closed. CONSENTITEMS  PRESENTATIONS  Chief Jackson recognized Sgt. Jacobs for obtaining his Advanced. Law Enforcement Certification and for completing The Public Comment Period was opened by Mayor Elmore at 6:37 p.m. Having no comments, the Public Comment  Minutes of the April 23, 2024 City Council Meeting. Minutes of the May 14, 2024 Work-Session Minutes of thel May 28, 2024 City Council Meeting. Destruction of Public Records - Parksand Recreation, Finance and Administration Temporary Blocking of Streets - B-Healthy Outdoor Zumba Temporary Blocking of Streets - Kristen Run against Domestic' Violence Temporary Blocking of Streets - Christmas Extravaganza Temporary Blocking of Streets White Family Learning Center Viper Equipment Lease -A copyof the agreement has been filed with the City Clerk.  Budget Amendment- Park tol Park Trail A copy of Budget Amendment (BA2024-22) is incorporated into these Budget Amendment - Operating Accounts A copy of Budget Amendment (BA2024-23) is incorporated into Motion by Council Member Hargis and second by Council Member Tart to approve all consent items. Motion  minutes as Attachment: #1, these minutes as Attachment #2. unanimously: approved. ITEMSI FORI DISCUSSION AND/OR DECISION Adoption of FY25 Budget  Finance Director McNallan reviewed the various ordinances and resolutions as a part of the budget. With no additional comments, the Public Hearing was closed. The following documents were adopted as a part of the  Budget.    Budget Ordinance: 2024-13  Designation of Fund Balance Resolution 2024-23 Contract Services for City Attorney Resolution 2024-24 City Employee Position Classification and Pay Grade Resolution 2024-25 Salary and' Wage Adjustment Resolution 2024-26 Miscellaneous Fees and Charges Schedule Resolution: 2024-27  Capital Project Ordinance for FY24 Vehicle and Equipment Purchases Ordinance 2024-14  After discussion, Motion by Mayor Pro Tem Sills and second by Council Member Gaulden to adopt Budget Ordinance, Capital Project Ordinance and Resolutions related to the FY24 fiscal year. Motion approved with Council Member McNeil opposed. Attachment #3 is incorporated as a part of these minutes and includes the  following: Budget Ordinance (02024-13) and Ordinance (02024-14) Resolutions (R2024-23), (R2024-24), R22#SDR.UA2em4 (R2024-27) CZ-04-24- - Conditional Rezone - 112 S Fayetteville. Ave  Mayor Elmore opened the Public Hearing at 6:40 p.m. Acting Planning Director Haley Hogg presented a request to rezone 112 South Fayetteville Street, PIN 1516-57-6465.000 from, C-3, Highway Commercial District to C-1, Central Commercial District: to permit only multi-family, restaurant, banquet/event space; bar/tavern/ microbrewery, and general commercial. The brick: structure, builti in 1947, hasl been vacant forseveral years. The owner, Robert Camille, contacted staff on Monday May 6, and requested that the case be tableduntil June due toa family emergency. The Planning Board tabled the case until their regular June 4 meeting. The Planning Board voted 41 in favor: and 1 opposed to recommend approval oft this conditional zoning request as presented. Comments were made by Robert Camille in reference to his plan for the proposed project. With no additional After discussion, motion by Mayor Pro Tem Sills and: second by Council Member Hargis to approve with conditions that the one parcel totaling .52 acres +/- located at 112 South Fayetteville Avenue with PIN 1516-57-6465.000 be rezoned from C-3, Highway Commercial District to C-1, Conditional Zoning District (CZD) to allow only Multi- family, Restaurant, Banquet Hall/Event Venue; Bar/avem/PMihreyey, and General Commercial. Motion Mayor Elmore opened the PublicHearing: at 6:50 p.m. Planning Director Hogg presented a request to rezone three parcels located at the intersection of Jernigan Road and US 301 North. PINS 1527-04-3969.000; 1527-05- 4136.000; 1527-05-6219.000 from R-20, Residential District to C-3, Highway Commercial District Conditional Zoning District: to permit only Self-Storage. The Planning Board voted 3 in favor and 2 opposed to recommend approval of this conditional zoning request to permit only Self-Storage with Type A buffer, removal of entrance Aj presentation was made by the applicant, Robert Barefoot, about the project and he also shared that they were willingt tol be voluntarily annexed into the city limits. With no additional comments, the Public Hearing was closed. After discussion reference adding the annexation as a condition, motion by Council Member Hargis and second by Council Member Bradham to approve with conditions that the three parcels totaling 2.23 acres +/- located at Jernigan Road/Hwy 301 North with PINS 1527-04-3969.000; 1527-05-4136.000; 1527-05-6219.000 be rezoned from R-20, Residential District to C-3, Highway Commercial District Conditional Zoning District (CZD) with the  X  comments, thel Public Hearing was closed.  unanimously: approved.  CZ-05-24- Conditional Rezone - Jernigan Rd/US301N  onto) Jernigan Road from site plan,and the addition ofa 6f ft. privacy fence in bufferyard.  following conditions:  1.The use oft the properties shall be limited to Self-Storage Facility. 2.A AType Al buffer shall be provided between the parcel and: adjacent zoning districts. 3.1 No: access shall be permitted onj Jernigan Road; 4.A6 6' tall privacy fence: shall bei requiredi in the' Type Al buffer; and 5.1 Property to be annexedi into the city. Motion unanimously approved. CZ-06-24- Conditional Rezone NI Powell/W Cumberland 23, 2024 City Council meeting. Motion mamimoslyapproved.  Motion by Mayor Pro Tem Sills and second by Council Member Gaulden to table case number CZ-06-24 to the) July    SUP-02-24-: Special Use - Susan Tartl Development comments in this matterare all in italics.  Mayor Elmore turned the evidentiary hearing over to City Attorney Pope to facilitate. City Attorney Pope's Thank you, Mr. Mayor, this next matter is case #SUP-02-24, a request by Susan Tart Development LLC for a special use permit to allow the use oft townhomes; 35 units on approximately. 3.81 acres ofthes subject parcel PIN being 1516- 06-0454.000 located off Susan Tart Rd. The property is zoned. MXU-CZ mixed-use conditional district. The meeting on this matter is judicial in nature and will be conducted in accordance with: special due process safeguards. All persons wishing to testify in this case, please approach the podium at this time to be. sworn or to give your affirmation. After Place your left hand on the Bible and raisey your right hand. Doy you: sweart that the testimony you're about tos give to be the truth, the whole truth, and nothing but the truth, SO help you God?. Acting Planning Director Haley Hogg and A brief explanation of the proceeding, as Council is familiar, for the benefit of the public and those that will be participating. A special use permit must be reviewed in accordance, with the findings of! facts that are listed in the Uniform Development Ordinance for the City of Dunn. The Council must determine that all findings have been met in order to approve the request. The council will hear testimony) from staff, the applicant, their expert witnesses, and any opponents of the proposal. The evidence presented. in this testimony must be used to make the determination of whether each finding has been met. Anyone speaking against the application must have standing in accordance with the general: statutes. And ifthat's an issue, we'll address that at that time. When the council makes a motion, they will In this meeting, we will first hear from Planning Director Haley Hogg with the Mid Carolina Regional, then from the applicant and their witnesses and then from opponents to the request. Parties may cross examine witnesses after each witness testifies when questions are called for. Ifany-witness wants the Council to see written evidence such as reports, maps, exhibits, etcetera. The witness who is most) familiar with the evidence. shouldask that it be introduced during or at the end of his or her testimony. We cannot accept reports from anyone who is not here to testify and be given the opportunity for cross examination.: 1 don't believe that there are any attorneys that are scheduled to speak this evening, sO we'll skip on to that. And at this time, I will open the meeting on case number SUP-02-24, special use Hogg: So, this application again is CZ-02-24. Iti is for aj parcel located off Susan Tart Rd. The parcel in total is 5.74 acres, but the applicant is only including 3.81 acresi in the special use request. The applicant is requesting: a special use permit to allow the use oft town homes perUDO requirements. They: are proposing upt to 35 townhome units on the parcel. Some background on this property. Earlier this year, I believe it was March of this year, a rezoning, conditional rezoning was approved fort the site to allow the use of townhomes. But per the UDO, the applicant is still required to obtain special use; approval even after the conditional zoning. So thati is why theya are here tonight. The parcel was rezoned to mixed-use conditional zoning district. They did submit a site plan. It was a special use. permit master plan. That is in your agenda packet. The applicant is showing their 35 townhome units proposed and the layout matches what was shown on the master plan for the conditional zoning. If approved tonight, that would require additional review at preliminary plat phase at which time we would get a landscaping plan and review more in depth. But just a summary of the site plan that they do have before you tonight. They are again proposing 35 units. They are proposing a male CBU with two parking spaces designated fort that CBU, one handicap and one standard. They're also proposing a dumpster unit to serve the residents of the site. They're proposing 2 parking spaces per unit, one of which will be a garage space, the other will be a driveway space. They are not proposing any guest parking, but none is required by the UDO at this time. And the applicant is proposing to adhere to alll landscaping requirements in terms of street trees and buffers for adjacent properties. In terms of consistency, the application is consistent with the use that was proposed in the conditional zoning master plan. Iti is also consistent with the surrounding development pattern, which includes office uses, childcare and also multifamily across the street. And the parcel is designated as hospital district in the future land use map, which includes a variety of uses such as offices, housing, and neighborhood scale commercial. So, if approved tonight again, the applicant would be required to still come forth with a preliminary plat and go through that process as well.. And they will alsol be required to obtain a wastewater allocation request for this development. And with that, ifyoul have any questions, Ican answer them, and the: applicant can speak as well to the project.  yours swearing in,) you may return toj yours seat.  Applicant Ben Stout were boths sworn in. Thanky you very much.  specify thej findings offacts that are not met in the motion.  permit application and ask fort testimony from the planningdirector.    Would. you like to introduce the application and agenda materials that were presented to the Council as evidence? So received at this time. Does anybody. from the Council have any questions for Halley? Does anyone with standing  Hogg: Yes  have any questions for Ms. Hogg?  Mayor Pro Tem Sills: Idol have: a question. Will the town) homes have an HOA?  Hogg: I would assume, but I would defer to the applicant to answer that and look at the HOA. Typically, whenever you have, common area, like common space area like they're proposing and CDU's, usually there's an HOA, but I'lI Any other questions?. Alright, thank you. We will now hear from the applicant tand other proponents. Sir, please state Thank you, Ben Stout at 222 Maiden Lane in Fayetteville is my office address. So, man it's been al long journey to getting this point. I think I looked, and this is the tenth month of getting to this point So sometimes nothing happens overnight per se but appreciate the chance to get to this point. And It think along the way of with George and the: staff: and Haley: and her team, you know? Kind of on the way, there's al little bit of trust that was puti into us that we present to you, kind of what we: said we're gonna do the whole time, and following the UDO and working through some of the: steps that were newt to kind of all of us. So, whatyou see int front ofy you is really what we were trying to get to this point, just be able to show you this SO. As it states in the staff report that that we received, as well: as you know, everythingi is UDO compliant. I mean, this thingi is as dialed in as it can be. Check every: singlel box that was needed tol be checked. So, there's beenal lot of back and forth, even when Mr. George stepped away, there were a couple little tweaks that were made. So, what's in, front of you is essentially what's gonna get built. And to answer the question,. yes, there willl be an HOA involved int this to maintain the grass open space landscaping that type stuff. If somebody hits a mailbox, kiosk, somebody has to be responsible fori it and that's what the HOA would ber responsible for. guess beyond that, I don't feel the need to maybe rehearse what is in the five findings of facts that the staff has put together. I think they've done an excellent job with that. So certainly if there's any questions that need to be asked of me, I'mi more than happy to address those and answering thel best wayl I know. Any questions for Mr. Stout from Council? Anyone else here with standing have any questions for the applicant? Next, we will heara from. people opposing the request Is there anyone here to speak in opposition to the request? Alright, we will now entertain any further questions from City Council members for the applicant proponents and we've not heard from any opponents. Once evidentiary hearing is closed, the only questions posed to the applicant for proponents or opponents shall be for clarification' only. No new evidence can be introduced after the close of the evidentiary hearing. In the event the Council desires to place any conditions on its approval, those must be agreed to by the applicant, Now would be the time to ask the applicant if you have any conditions that you wish for him to consider on approval. Hei must agrèe to those as a part of this hearing. So does the Council have any other questions of Sills: Tilghman, does the HOA need tol be specified in the motion to approve ori is that a default with the ordinance. Ido not believe that iti is an ordinance requirement. So, ifyou wish for that to be a condition on approval, your may ask the applicant now ifhe's willing to accept that as a condition. So, since he's now in the back, let the record reflect that the applicant has agreed as a condition of approval to have a property owners association responsible for maintenance of common areas in the development Are there any other questions of the applicant or any other  defer to them to givet their plans for that. Any other questions? your name for ther record, even though we're familiar.  Thanky you,s Sir.  the plontoranyronditions thatyou wish to ask him to considerf foryour approval?  conditions that the Council would like to ask the applicant to consider? At this time, it would be appropriate to entertain ai motion to close the public hearing.  Motion by Mayor Pro Tem Sills and second by Council Member Bradham to close the public hearing. Motion  unanimously approved.  Thee atwygspucuhen, is closed.    Motion by Council Member Hargis and second by Council Member Bradham to approve Special Use Permit SUP02- 24 based on all six standards having been satisfied as presented in the staff report, with the condition that a property owners: association will govern the townhomes. Motion umamnimouslyapproved. Evidence has been filed Mayor Elmore opened the Public Hearing at 7:15 p.m. City Manager Neuschafer proposed ordinance to extend the corporate limits for voluntary annexation Petition ANX-02-24 on Fairground Road. The resolution fixinga a date for the public hearing was approved at the last meeting and the notice was published on June 14 in The Daily Record and posted on the principal bulletin board as required. With no additional comments, the Public Hearing was Motion by Mayor Pro Tem Sills and second by Council Member McNeil to adopt the ordinance to extend the corporate limits of the City of Dunn as requested and to assign property to ward one effective June 25, 2024. Motion unanimously approved. A copy of the Ordinance (02024-15) is incorporated into these minutes as Mayor Elmore appointed Dunn Housing Authority members with all terms ending on June 30 as follows: Lois Dail Term ending 2029; Angela Inman Term ending 2027;and Sharon Gant with" Term ending 2025. Motion by Council Member Gaulden and second by Mayor Pro Tem Sills to appoint advisory board members as Douglas Godwin Jr. and Benjamin Ellmers term ending 2027, Vincent Pressley term ending 2026 and for ETJ  with the City Clerk.  Annexation ANX-02-2024 Fairground Rd  closed.  Attachment #4.  Advisory Board Appointments  follows with all terms ending on June 30: Fort thel Planning Board For Dunn ABCI Board  Representative Brice Woodell term ending 2027.  Jerry Smith fort term ending 2027and to appoint Marc Phillips as Chairman  For Parks and Recreation,Advisory Board Dennis Goldston for term ending 2027 For Community. Appearance Advisory Board. Wastewater Allocation Request  Cornelia Malloy, Linda Monds, Edith Elmore, Kathy Pope, and Stacey Renee Sanders with term ending 2026 and to City Manager Neuschafer presented a request for a wastewater (sewer) allocation for an industrial development allocation! 29,400 of gallons per day with scores are above the minimum required. The current available balance of the wastewater: allocation is 265,660gallons. The City Manageri is not authorized to award over 10,000 gallons ofa Motion by Council Member Bradham and second by Council Member Gaulden to approve the Wastewater Allocation of 29,400 to thes parcel at 453 Rooms To Go Way PINI Number152677-534000 as presented. Motion Assistant City Manager Godwin presented proposed MOU between the City, Harnett County, and the Dunn United In September 2012, Harnett County donated to the City the real property adjacent to Tyler Park where the County Health Center Building is located which facilitated the City's expansion of Tyler Park. In consideration of the donation, the County was allowed continued use of two rooms in the building fort the Women, Infants, and Children (WIC) program. If they ever needed the entire building, the City agreed to provide comparable space for the County unless the WIC program ceased to operate in the building for 90 consecutive days. These terms were  appoint Cornelial Malloy as the Chair. Motion manimousiyapproved.  non-residential. alloçation. Thej parçel is located at 4531 Room To Gol Way 1526-77-5334.000.  unanimously approved. MOU - DUMA and Harnett County Ministerial Association (DUMA).  memorialized, and the County no longer operates the WIC) program in the City of Dunn.    DUMA is renovating and expanding its facility at 301 El Broad Street. As part of its expansion, DUMA has agreed to provide the County, free of charge, with sufficient space to renew operation of the WICp program in Dunn. The City has agreed to contribute $30,000 toward WIC space renovation costs. Upon completion of the renovation, the County has agreed to renew operating the WIC program in Dunn and to release the City from any obligations arising out of the September 2012 MOU. The County and DUMA have already executed the MOU and it awaits approval oft the City Council. The $30,0001 renovation costs will come from a State-funded County grant to the City. Motion by Council Member Gaulden and: second by Council Member Hargis to: approve. the MOU between the City, County, and DUMA, including the $30,000 contribution for renovation of the property at301 E. Broad Street, Dunn, NC, to be used by the County WIC program, and to authorize the Mayor, or his designee, to execute the MOU on behalf of the City of Dunn. Motion unanimously approved. A copy oft the MOU is-incorporated into these minutes After explanation from Finance Director McNallan, motion by Council Member Hargis and second by Council Member Tart to approve the E Bay St and S Wilson Ave Stormwater Improvements: Capital Ordinance, related budget amendment, and project reimbursement resolution. Motion unanimously approved. A copy of the Ordinance (02024-16), Resolution (R2024-28) and Budget Amendment (BA2024-24) are incorporated into these Assistant City Manager Godwin proposed offer to purchase two parcels of land" located at 100 and 106 East Bay Street, Dunn to be utilized for stormwater management purposes. On March 14, 2024, the City Council authorized the City Manager to enter negotiations with Martin & Stone Storage, LLC, for the purchase of two undeveloped parcels located at 100 and 106 East Bay Street, Dunn The offer to purchase has already been executed by the seller and contains the following principal terms: Purchase price $118,000 including an earnest money deposit of $1000 now being held by the City Attorney; 20 Day Due Diligence Period beginning on the date the City signs the The property currently contains two 48" storm drainage culverts and upon acquisition, would be used for installation of additional stormwater best management. practices to mitigate flooding and further alleviate Motion by Council Member Tart and second. by Council Member Hargis to approve the City's purchase for $118,000 from Martin & Stone Storage, LLC, the two parcels of land located at 100 and 106 East Bay Street, and further identified. as Harnett County PIN # 1516-55-3618 and PIN # 1516-55-2271 and to authorize the Mayor or City Manager to execute. the Offer to Purchase and other documents necessary to effect the closing. Motion Assistant City Manager Godwin presented a request to consider purchase of CloudPermit software for planning & zoning, building permitting, and Code enforcement. Currently, the Planning & Inspections Department uses three different software programs. CloudPermit software consolidates the function of three programs into one unified software program enabling the zoning, development permitting, building permitting, and Code enforcement fora The annual $12,000 subscription feei includes unlimited licenses for staff, unlimited data storage, online portals for public users, and support and maintenance. The initial software agreement term is for one-year with an option to renew for an additional two-year term. In addition to the annual subscription fee, there is a one-time additional fee of $5,000 to cover implementation, document & form reation/conversion, stafft training, and data importation. Motion by Council Member McNeil and second by Council Member Gaulden to approve. the CloudPermit software agreement and to authorize the City Manager, or his designee, to execute the agreement on behalf of the City of  asA Attachment #5.  Capital Project Ordinance EB Bay St  minutes as Attachment #6. EBay St Property Purchase  contract; Closing Date of 10 days after expiration of Due Diligence Period.,  stormwater drainage throughout the City'seast side.  unanimously: approved.  CloudPermit Planning & Zoning Software Contract  parcel tol be addressed in one cloud-based: software program.  Dunn. Motion unanimously approved. Administrative Reports City Manager Neuschafer presented updated goals.    Finance Director McNallan provided thet following financial report fort thej period ending May 31,2024: The Cityl has $10,191,742 cash and investments, compared to $11,240,158 last year. The decrease is primarily due to unreimbursed, grant/loan proceeds for capital watera and: sewer projects. Property" Taxes collected for April are $80,909, compared to $94,667 last year. Total to-date $5,649,573. Sales" Tax receipts were $271,969 for February, $58,391 more than same period last year, with total collected Building Permit Fees collected total $243,591 or 153.5% of budget compared to total collected last year of General Fund expenditures for month are $1,176,320, with total expensed to-date at $12,403,811 or 88.1% of Budget, compared to $12,493,965 in 2023. Revenues to-date: are $12,473,804 or 88.6% ofl budget. Water and Sewer fund expenditures for the month are $1,245,000, with total expensed to-date at $8,452,258, or78.3% of budget, compared to $6,949,050 last year. Revenues to-date are $8,306,549 or 76.9% of budget. Stormwater fund expenditures for the month were $65,471, with total expenses to-date of $269,979, or 63.4% Reports were also received as follows: Planning and Inspections Report, Public Works Report, Public Utilities Parks and Recreation Director McNeil gave an update on the upcoming State Tournament to be held at' Tart Park.  to-date of$ $2,342,422 or 75.7% of budget.  $137,160.  of! budget. Revenues to-date are: $402,567 or 94.5% of budget. Thel benchmark for this period is 91.7% of budget. Report, Parks and Recreation Report and Police Report.  Announcements/Information  Mayor Elmore announced upcoming events and activities.  He further announced, Council willl have a Speçial Called meeting on July 9 at 6:30 p.m. here in Council Chambers for the purpose to have a presentation from the North Carolina Council of Governments on the procedures of Council Member McNeil thanked the city fora all theirsupport: and help for the first Juneteenth Celebration. With no further business to discuss, Mayor Elmore: adjourned the meeting at 7:45 p.m. with no objections.  hiring a city manager.  William P.I Elmore Jr. Mayor  Attest:  Tammy Williams, CMC,NCCMC  City Clerk    CITY OF - DUNN NORTH CAROLINA  1887  City Council Agenda Item  Meeting Date: July23,2024 SUBJECT TITLE PRESENTENDEPARIMENT ATTACHMENT/S)  Assignment of Authorized Personnel for Banking Access  Cary McNallan/Finance Department Bank Authorization Resolution  PUBLIC HEARING PUBLISH DATES N/A  PURPOSE: To update the authorized signatures for all City banking and loan institutions, effective July  1,2024, for all accounts.  7 G  BACKGROUND: With the start of the new fiscal year, a review of the City's banking authorizations requires the Council to accept a resolution naming the City's banking depositories and authorizing the  listed staff members as official signers for the City's accounts.  BUDGET IMPACT: There is no fiscal impact related to this council action.  DUNN AlhAmericacity 1989 2013  RECOMMENDED COUNCIL  MOTION/ACTION Motion to accept the resolution to establish authorized personnel for REQUESTED OF signatures at the City of Dunn's financial institutions.    Mayor William P. Elmore. Jr. Mayor Prol Tem JWesley Sills Council Members AprilL. Gaulden Raquel McNeil BillyTart Alan! Hargis Dr. DavidL. Bradham Cityl Manager Steven! Neuschafer  CITY OF  DUNN NORTH CAROLINA (910)230-3500- CityofDunn.org  18877  401EE Broad! St.POI Box1 1065.Dunn, North Carolina 28335  RESOLUTION GRANTING AUTHORIZATION TO: EXECUTE ALL EVIDENCES OF DEBT, DRAW CHECKS, DRAFTS, AND WIRE TRANSFERS UPON ACCOUNTS OF THE CITY OF DUNN  BE IT RESOLVED, that the City of Dunn hereby designates First Citizens Bank and Trust Company, First Federal Savings and Loan Association, Truist Bank, First Bank, United Community Bank, KS Bank, KSTrust, United States Department of Agriculture (USDA), and the North Carolina Capital Management Trust as its depositories, and that the following be authorized, effective July 1, 2024, to execute all evidences of debt, draw checks, drafts, and  wire transfers upon the accounts oft the City in said banks:  William P. Elmore, Jr., Mayor Steven Neuschafer, City Manager Cary McNallan, Finance Director Alexa Kallesten, Senior Accountant  BE IT FURTHER RESOLVED, that such evidence of debt, checks, and drafts will be  signed or authorized by any two ofs said officials.  This the 23"h dayofJuly, 2024.  William P. Elmore, Jr. Mayor  Attest:  Melissa Matti Deputy City Clerk  Where community begins!    CITY OF DUNN NORTH CAROLINA  1887  City Council Agenda Item  Meeting Date: July23,2024 SUBJECT TITLE PRESENTERIDEPARTMENT ATTACHMENT/S) PURPOSE:  Fee Schedule correction City Manager Neuschafer  YES  PUBLIC HEARING PUBLISH DATES N/A  Correction needed to thet fee schedule as noted in the attachment Removing a duplicate Special Use Permit under the Board of Adjustments.  BACKGROUND:  The new process only has the City Council processing Special Use Permits. In the past the Board of  -   Adjustments had that task and that is why the fee was redundant.  3 A  BUDGET IMPACT: None  RECOMMENDED MOTION/ACTION REQUESTED OF COUNCIL  Motion to approve Fee Schedule correction as presented.  DUNN All-AmericaCity 1989 2013    City of Dunn Fee Schedule Fee Schedule for FY 2025 this schedule.  The City Manager shall have the authority tos set any fee not otherwise listed and shall have the authority to make any interpretations of any fee listed on  $50i initial daily prepi per field, plus $20 per field for additional same dayl  Fieldj prep fee Youth Sports Registration Resident Non-Residents Sponsorship Fees Spring Sports T-ball and Al league Girl's softball 8u, 10u, 12u, 15u, 18u Miracle League team effective 4/15/15  prepl $25 perp player $60 one: sport $40 each additional sport $40 each additional child  $200.00 $275.00 $275.00 $275.00 $175.00 $225.00  Boy's baseball- -AA, AAA, Majors, Dixie Boys, Dixie) Boys Majors  Fall Sports Soccer 4u, 6u, 8u Soccer 10u & 13u Adult League Sports Men's and Women's softball Kickball Men's Basketball Volleyball, Walleyball, Pickelball Late Fee for all Registrations CB.Codrington Park/City Swimming Pool Adults Children Summer Pool Pass Adult Summer Pool Pass Youth Planning Planning Board Fees Application for Rezoning or Conditional Zoning (per owner) Application for Special Use Permit Application for Ordinance Amendment General Plan Amendment Application for Street/Alley Closing Application for Voluntary Annexation (per parcel) Board of Adiustment Fees Application for Variance Applicationf for Special-Use-Permit Appeal Zoning Administrator's Decision Development Permit Fee Schedule Site plan andj permit review New Construction/Major. Addition (per lot) Single Family) Home Singlel Family Home (in floodplain) MullamiyNorsidemial Mali-famlyNorsideniat (ini floodplain)  $301 resident/S50 non-resident $301 resident/S50 non-resident $301 resident/S50 non-resident $30r resident/$50 non-resident  $5.00 $3.00 $2.00 $50.00 $30.00 FEES $500.00 $700.00 $300.00 $500.00 $125.00 $500.00 $1,000.00 $500.00  $50.00 $100.00 $100.00 $200.00  Effective 7/1/24    CITY OF DUNN NORTH CAROLINA  18877  City Council Agenda Item  Meeting Date: July 23, 2024  OA-02-24 - Text amendment to Section 5-16(E) Gas/Fueling Stations of Article 5 of the City's Unified Development Samantha Wullenwaber, Deputy Executive Director / Mid- Text Amendment Staff Report, Proposed Text Amendment Strikethroug/Underine and Legal Notice.  SUBJECT  6  TITLE  Ordinance (UDO). Carolina Regional Council  PRESENTER/DEPARTMENT ATTACHMENTIS)  -  PUBLIC HEARING PUBLISH DATES June 25th, July 9th, and. July 16th  PURPOSE:  a) Public Hearing: This is a request tor modify Section 5-16(E) Gas/Fueling Stations of Article 50 oft the City's UDO. The UDO currently requires all canopies/pumps to be located tot the side or rear ofa building. This was added to the code during the 2023 UDO update. The proposed amendment strikes this requirement from the ordinance, to allow more flexibility for future development.  b) Decision: BACKGROUND:  Staff has identified that the requirement to place canopies/pumps to the side or rear of the primary building may be more stringent than preferred in the City of Dunn. Many gas stations recreate the same site design and footprint when locating a newi facility and requiring canopies/pumps to be located to the side/rear oft the building may create a more cumbersome process. In order to allow more flexibility for future development, The Planning Board, at their regularly scheduled meeting on July 2nd, reviewed this request and heard a presentation from staff. No one from the public attended the meeting to speak in favor or opposition oft the request. The Planning Board voted unanimously to recommend approval to the City Council for OA-02-24 BUDGET IMPACT: No anticipated budget impact will arise from the adoption of this proposed text  staff is proposing to remove this requirement from thel UDO.  tor remove the language as outlined.  - a  amendment.  RECOMMENDED MOTION/ACTION REQUESTED OF COUNCIL  DUNN  Motion to approve OA-02-24 Text Amendment.  2013    CITY OF DUNN  18877  PLANNING AND INSPECTIONS 90120305-CyD-mwg STAFF REPORT  102NPowellAve: POBox1065: Dunn, NonhCarolna28335  Application Number: Ordinance Amendment:  OA-02-24  Gas/Fueling Stations - Pump Location  Applicant: Project Planner: Meeting Dates: Planning Board: City Council: Public Noticing Dates: Newspaper Ad Published:  City of Dunn (city-initiated) July 2, 2024 July 23,2024 June 25, 2024 July 9,2024 July 16, 2024  Haley Hogg, Planning Director, Mid-Carolina Regional Council  REQUEST: The City of Dunn is proposing an amendment to Section 5-16E( (Gas/Fueling Stations) of Article 5i in the City of Dunn Unified Development Ordinance (UDO). The City is proposing to remove language outlined in (a) of E1, which requires that canopies/pumps for gas/fueling stations be located to the side or reary yard of the principal building main  entrance.  STAFF ANALYSIS AND COMMENTARY:  Overview  This amendment is proposed in an effort to allow flexibility for future development, as many  gas/fueling stations desire visibility of pumps/canopy fromi the ROW.  Reasonableness and Consistency  Per North Carolina General Statute 160D-605, governing boards must adopt a consistency and reasonableness statement, brief statement describing whether its action is consistent or inconsistent with an adopted comprehensive or land use plan. For this reason, the Planning Board must consider whether the proposed request is reasonable and consistent with the City's adopted plans. The City of Dunn's Land Use Plan and the Imagine Dunn Strategic Vision Plan are meant to inform policy and guide development decisions made by the City. Goals and recommendations regarding development: are outlined int the Land Use Plan and the Strategic Vision Plan. The City of Dunn adopted its Land Use Plani in 2022. When making decisions pertaining to growth and development, the City should utilize this plan, as it serves as a guide toi inform development decisions made byt the City. The Imagine Dunn Strategic Vision Plan was adopted in 2021. This Strategic Vision Plan outlines the City's overarching vision fori its future and should also be considered when making decisions related to  development.    Thej proposed ordinance amendment is reasonable and consistent with the City of Dunn's Land Use Plan and the Imagine Dunn Strategic' Vision Plan. The following goals and recommendation put forth in  these plans are aligned with proposed ordinance amendment:  Land Use Plan  Policy1.3: Review and amend the Unified Development Ordinance and Future Land Use Map as Policy 1.4: Review existing development design guidelines andi incorporate applicable updates Upon review of the Unified Development Ordinance, the Cityi is proposing an ordinance amendment to update the regulations pertaining to gas/fueling stations. Seeing a need fori further development flexibility and the visibility oft thet fuel pumps from thel Right-of-Way, the Cityi is proposing to amend the ordinance to allow fuel pumps and canopies to be located in front of principal structures. This is consistent with the above policies from the Land Use Plan, as they both recommend reviewing the Unified Development Ordinance and existing development guidelines and updating them as needed to  needed to ensure consistency with the City's goals, policies, and strategies.  into the Unified Development Ordinance.  align the ordinance with the City'sg goals. Imagine Dunn Strategic Vision Plan  PG.1:  Create a Comprehensive Plan and update Development Ordinances.  One of Dunn's Planning for Growth goals included ini the Strategic' Vision Plani is to create a comprehensive land use plan and update development ordinances. The proposed ordinance amendment is consistent with this goal's intent. Dunn's Land Use Plan was adopted shortly after the Strategic' Vision Plan in accordance with this goal, and now an update to the Unified Development  Ordinance is being proposed to align with the Land Use Plan.  RECOMMENDATION  Staff recommends approval of the proposed ordinance amendment, given the justification provided and the consistency and reasonableness: of the request. The proposed amendment is consistent with the City of Dunn'sland Use Plan and Strategic Vision Plan and is therefore a reasonable request. These plans' recommendations include the updating of the Unified Development Ordinance as needed. The  proposed ordinance amendment lends itself to these recommendations.  ATTACHMENTS: 1. Proposed Ordinance Amendment 2. Newspaper Ad    Section 5-16E( (Gas/Fueling Stations) of Article 5 of the City of Dunn Unified Development  Ordinance (UDO)reads as rewritten: GASFUEUNGSTATIONS 1. Canopies/Pumps:  E.  -Mustbeiocatedtotneseorreryerdeottneprinepatbuidingmainentrence b:a.Pump canopies must bel located at least 501 feet from anyi interior side or rear property line that adjoins residentially developed property. e-b.Must be buffered from adjoining residential uses &z zoning with a: 20-foot buffer ina accordance with Article 6- General Development Standards.  TTMTTI  PRINCIPAL SUILDING  2. Lighting:  a. AlL lighting must be shielded to direct light and glare only onto the lot or parcel where the gas/fueling station is located and shall be in accordance with Article  6- General Development Standards.  EXPLANATORY NOTES:  Section E1: Removal of language outlined in (a) of E1, which requires that canopies/pumps for  gas/fueling stations be located tot the side or reary yard of the principal building main entrance. This was removed to allowt flexibility fori future development, as many gas/fueling stations desire visibility of pumps/canopyt from the ROW.  Section E1: This graphic relates tot ther requirement in E1(a) that is proposed for removal and is  therefore also removed int this text amendment.    NOTICEOF PUBLICI HEARING  NOTICE IS HEREBY GIVEN that a PUBLIC MEETING willl be held by the CITY OF DUNN PLANNING BOARD on JULY 2, 2024, at 5:30 P.M. and al PUBLIC HEARING will be held by the CITY COUNCIL OF THE CITY OF DUNN on JULY: 23, 2024, at 6:301 P.M. in the COURTROOM ofthe DUNN MUNICIPAL BUILDING for the purpose  ofc considering the following item:  ORDINANCE, AMENDMENT REQUEST OA-02-24 Unified Development Ordinance (UDO).  This is a request to amend Section 5-16 E (Gas/Fueling Stations) of Article 5 in the City of Dunn  All persons desiring to be heard either for or against the proposed amendment set forth above are requested to be present at the above-mentioned times and places. Copies of proposed items are available for review at the  Department of] Planning between 8:00 A.M. and 41 P.M., Monday through Friday.  Written Comments may be addressed to:  PLANNING DEPARTMENT CITY OF DUNN P.O. BOXI 1065 DUNN, NORTH CAROLINA 28335  ADVERTISE: June 25", 2024  July gth and. July 161,2024    CITY OF DUNN NORTH CAROLINA  1887  City Council Agenda Item  Meeting Date: July23,2024  Consideration of Ordinance to Demolish - 614 East Vance  SUBJECT TITLE PRESENTER/DEPARTMENT ATTACHMENT/S) PURPOSE:  Street. (PIN# 1516-86-6905) Code Administrator, John Ganus  Yes  PUBLIC HEARING PUBLISH DATES July 5, 2024 and July 9, 2024  A) Public Hearing: Consideration of Ordinance to Demolish Dilapidated Structure - 614 East Vance Street (PIN# 1516-86-6905). Thel Public Hearing was advertised on July 5, 2024 and July 9, 2024. B) Purpose: Code Administrator, John E. Ganus, has conducted an inspection at 614 E Vance Street. Based upon his observations, the structure is unsafe, dilapidated and uninhabitable. The Building Inspector also found the structure dangerous or prejudicial to the public health or public safety andi is The owner of the property has failed to comply with Code Administrators order and according to N.C.G.S. 160D-1123 the City Council has the power to proceed with the demolition oft this property. Should Council decide to proceed with the demolition of the structure at 614 East Vance Street an ordinance wouldi need approval directing the Code Administrator to remove or demolish said: structure.  -  ar nuisance in violation of G.S. 160A-193  BACKGROUND:  Onl March 21, 2023, Thel Housing Standards case was opened ont the above property concerning the conditions of the structure andt thel living conditions.. A request fori inspection wasi issued and the inspection was scheduled on January 8, 2024. The owners did not show up for the inspection. It was observed that the structure was vacant, and the owners had conducted various activities of demolition and reconstruction. The entire roof system appears to have dropped approximately 12i inches and areas on both sides oft the structure are bowed or separated. The interior has been gutted out and the owners have constructed of concrete framing of post and beams. The structure is dilapidated, unsafe and uninhabitable. A Complaint and Notice of Hearing was issued for January 22, 2024 by Certified and First-Class mailing with a copy posted on the structure. The B Certified mailing was returned as unclaimed /unable to forward but the first-class mailing was not returned. On. January 22, 2024, al Hearing was held to determine thet fitness for human habitation oft the dwelling, but the owners did not attend. Following the hearing, a Finding Of Fact and Order was issued by Certified and First- Class mail with a copy posted on the structure. The Certified and First Class did not return.  Y  a DUNN Ame ricacity 1989 *2013    CITY OF MDUNN NORTH CAROLINA  1887  City Council Agenda Item   A  The Order required the owner (C Caraballo Francisco Gerez)t tob bring the structure into compliance with the City Of Dunn Minimum Housing Code by repairing, altering, improving, or vacating and demolishing the structure by a date not later than May 19, 2024. To date the owners have not complied with the order of the Code  Administrator.  The Vacant, severely dilapidated structure poses hazards to the health and safety of the community  due to defects increasing the potential for accidents and fires.  -  A  BUDGET IMPACT: None  6  Y  RECOMMENDED REQUESTED OF COUNCIL  MOTION/ACTION Motion to adopt the ordinance directing the Code Administrator to proceed with the  demolition of the structure located at6 614 East Vance Street PIN#1516-86-6905).  DUNN *** All-Americacity 1989 2013    LEGALNOTICE  NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF DUNN, NORTH CAROLINA, UNDER AUTHORITY OF CHAPTER 160D, SECTION 601 OF THE GENERAL STATUTES OF NORTH CAROLINA, WILL HOLD A PUBLIC HEARING AT 7:00 P.M. ON JULY 23, 2024 IN THE COURTROOM OF THEI DUNN MUNICIPAL BUILDING LOCATED AT 401 E. BROAD ST.  THE FOLLOWING ITEMS WILL BE DISCUSSED:  PUBLIC HEARING:  (1) A HEARING WAS HELD ON JANUARY 22, 2024 IN REFERANCE TO THE STRUCTURE LOCATED AT 614 EAST VANCE STREET. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS INV VIOLATION OF THE CITY OF DUNN MINIMUM HOUSING CODE ANS N.C.G.S. 160D-1119. AN ORDER WAS ALSO PLACED TO OWNER CARABALLO FRANCISCO GEREZ, TO REPAIR OR DEMOLISH SAID STRUCTURE. TO DATE NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE THE CITY OF DUNN COUNCIL TO ADOPT AN ORDINACE TO HAVE THE STRUCTURE REMOVED AND ALL COST ALL PERSONS DESIRING TO BE HEARD EITHER FOR OR AGAINST THE PROPOSED ITEM(S) SET FORTH ABOVE ARE REQUESTED TO BE IN  INCURRED BE. AJ LIEN AGAINSTTHE PROPERTY.  ATTENDANCE, ATTHE TIME AND DATE STATED ABOVE.  BRIANLOCKAMY BUILDING INSPECTOR CITY OF DUNN  Advertise:  July 5, 2024 and July 9, 2024    Mayor William P. Elmore. Jr. Mayor Pro Tem J.Wesley Sills Councill Members AprilL. Gaulden Raquel McNeil Billy N.Tart Alanl Hargis Dr. DavidL L. Bradham City Manager Steven Neuschafer  CITY OF  DUNN NORTH CAROLINA  1887  POST OFFICE BOX1065 . DUNN, NORTH CAROLINA 28335  (910) 230-3500 . FAX (910) 230-3590 www.dunn-nc.org  AN ORDINANCE DIRECTING THE BUILDING INSPECTOR TO REMOVE OR DEMOLISH THE PROPERTY HEREIN DESCRIBED AS AN UNSAFE BUILDING CONDEMNED  PURSUANT TO N.C.G.S. 9160A-426, ET: SEQ.  WHEREAS, that on March 21, 2023 the Code Administrator for the City of Dunn  sent a notice to Francisco Gerez Caraballo the owner(s) of record of the structure located at 614 E. East Vance Street noting the concerning of the conditions of the structure and the living Administrator for the City Of Dunn. The owners did not show up it was observed that the structure was vacant and that the interior had been gutted out down to the ground. The outside wall had been cut through on all sides and have constructed concrete post and beams.  conditions.  WHEREAS, on January 8, 2024 a inspection request was scheduled by the Code  WHEREAS, A Complaint and Notice Of Hearing was sent to owners by Certified and  First Class mail for a Hearing on January 22, 2024 and the owners did not attend. Following the Hearing a Finding of Fact and Order was issued by Certified and First Class mail and posted on the property. The order required the owners to bring the structure into compliance with the City OfDunn Minimum Housing Code by repairing, improving, or demolishing the structure by a date no later than May 19, 2024. To this date the owner has not complied with the order of the Code. Administrator.    WHEREAS, on July 5, 2024 and July 9, 2024 the City of Dunn published legal notices  that a public hearing would be held before the Dunn City Council on July 23, 2024 to consider the adoption of this Ordinance, directing that the Building Inspector proceed with the demolition of the structure described hereby, and that all costs incurred shall be al lien against such property, pursuant to  North Carolina General Statute $160A-432; and  WHEREAS, the City Council of the City of Dunn, NC finds that the structure described  herein is dangerous or prejudicial to the public health or public safety and is ai nuisance in violation of  North Carolina General Statute 160A-193; and  WHEREAS, this structure should be removed or demolished, as directed by the  Building Inspector, and is an unsafe building condemned as set forth in North Carolina General Statute  $160A-426 and constitutes a fire and safety hazard; and  WHEREAS, the owner of this structure has been given a reasonable opportunity to  repair or demolish the structure pursuant to an Order issued by the Building Inspector on May 19,  2024 and the owner has failed to comply with this order;  NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dunn, The Building Inspector is hereby authorized and directed to place a placard on the  North Carolina that: Section 1.  exterior ofthe structure described herein, containing the legend: building for human habitation is prohibited and unlawful."  "This building is unfit for human habitation and is a public nuisance; the use or occupation of this  On the structures at the following address: 614 East Vance Street PIN# #: 1516-86-6905 PARCELID: #: 02151608510005  Section 2. The Building Inspector is hereby authorized and directed to proceed to remove or demolish the above described structure in accordance with his Order to the owner thereof dated the 23 day of July, 2024 and in accordance with North Carolina General Statute $160A-432, based on the Section 3. (a)1 The cost of removal or demolition shall constitute a lien against the real property upon which the cost was incurred. The lien shall be filed in the office of the City Tax Collector, and shall have the same priority and be collected in the same manner as the lien for special assessments in Article 10 of Chapter 160A of the North Carolina General Statutes, and such costs shall also be lien against any other real property owned by the owner of the property within the City of Dunn, North Carolina, or within one (1) mile of the City of Dunn city limits, except for the property owner's (b) Upon completion of the required removal or demolition, the Building Inspector shall sell the useable materials of the structure and any personal property, fixtures, or appurtenances found in the building and credit the proceeds against the cost of removal or demolition. The Building Inspector  owner's failure to comply with such Order.  primary residence.    shall certify the remaining balance to the Tax Collector. Ifa surplus remains after sale oft the materials and satisfaction of the cost of removal or demolition, the Building Inspector shall deposit the surplus with the Harnett County Clerk of Superior Court where it shall be secured in the manner provided by Section 4. It shall be unlawful for any person to remove or cause to be removed the placard from any building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit  North Carolina General Statute $160A-432.  the occupancy ofany building therein declared to be unfit for human habitation. Section 5. This ordinance shall become effective upon its adoption.  Adopted this 23rd day of July, 2024  William P. Elmore, Jr. Mayor  Attest:  Melissa R. Matti Deputy City Clerk    CITY OF DUNN NORTH CAROLINA  18877  Council  City  Agenda Item  Meeting Date: July23,2024 SUBJECT TITLE PRESENTENDEPARIMENT ATTACHMENT[S)  Purchasing Policy Cary McNallan/Finance Department Proposed Purchasing Policy  PUBLIC HEARING PUBLISH DATES N/A  PURPOSE: To approve a revised purchasing policy for the City.  BACKGROUND: The City of Dunn's purchasing policy, which provides guidelines and rules on the purchasing process of goods and services, was last updated in. July 2017. The revised policy provides more detailed information and also includes purchasing procedures related to the new Tyler accounting software. Other key components oft this updated policy include:  Asection of definitions of key words within the policy. Expanded language regarding ethics in city contracting.  An increase from $5001 to $1,200 fort the threshold of purchases requiring a City Manager Amore detailed listing of types of purchases that do not require a requisition. An appendix related to bidding requirements for Historically Underutilized Businesses (HUB) and Minority and Women Owned Business Enterprises (MWBE). This policy establishes a 10% goal for HUB and MWBE participation for public building construction projects and all procurement activities. This 10% goal is also reflected in the State purchasing policy andi is a requirement for any state or federally funded city projects. Establishes a standard services contract form for both federal and non-federal project  approved requisition.  -  L  contracts.  BUDGET IMPACT: Although therei is no direct cost for the approval oft this policy, the guidelines and the rules that it provides will ensure that the City staff purchase goods and services in the  most efficient and economical manner.  DUNN  RECOMMENDED REQUESTED OF COUNCIL  MOTION/ACTION Motion to approve the attached purchasing policy.  1989 2013    CITY OF DUNN NORTH CAROLINA  1887  City Council Agenda Item  Meeting Date: July23,2024 SUBJECT TITLE PRESENTENDEPARIMENT ATTACHMENT/S) PUBLIC HEARING PUBLISH DATES PURPOSE:  Administrative Reports City Manager Neuschafer Monthly Reports  1) City Manager's Report/Update on Council Goals Financial Report/Assessment Update Monthly Departmental Reports Included: Planning & Inspections Report Public Works Reports Public Utilities Report Water Plant Report Wastewater Treatment Plant Report Parks & Recreation Report Police Report  2) 3)  -  DUNN ll-Americacity 1989 *2013    G    8 0  3  $  a  L    &    5  8 5    D  ) 5  la    Mayor William P. Elmore. Jr. Mayor ProTem J.Wesley Sills Council Members AprilL. Gaulden Raquel McNeil BillyTart Alan! Hargis Dr. Davidl. Bradham Cityl Manager Steven Neuschafer.  CITY OF DUNN NORTH CAROLINA (910)230-3500- CityofDunn.org  1887  401EBroads St.PO Box 1065 .Dunn, North Carolina 28335  MEMORANDUM To: From: Date:  Honorable Mayor, City Council Members Cary McNallan, Finance Director  Subject: June 2024 Financial Report (unaudited)  July 10, 2024  Cash & Investment Balances: Cash and investment balances for all funds totaled $11,510,612 as of June 30, 2024, compared to $9,563,058 a year ago. The increase is primarily due to the timing of reimbursements of water and sewer project expenditures.  Cash Balances by Fund  $16,000,000 $14,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $0 $4,000,000  AA  "General8 & Grant Funds Misc Projs PowellE Bill Sewer/Water Ops&P Projs Stormwater Fund ARPAFund  Cash and Investments  $1,021,150.98, 8.9% $265,599.27, 2.3%  $490.00,0.0%  $10,223,372.28, 88.8%  NCC Capital Mgmt Trust . First CitizenE Bank  KST Trust Investments Misc Other  Where community begins!    The benchmark for this period is 100.0% of the budget, however, revenues and Property Taxes collected by the County for the month of May 2024 totaled $66,856 compared to $71,733 for May 2023. FY24 year to date property tax revenues received are $5,716,429. Our total estimated taxes for 2024 are $5,563,300. These totals include  expenditures will continue to be recorded for the next few weeks.  taxes for Property, Motor Vehicles, and Downtown Service District.  Ad Valorem Tax Revenues by Month Collected  $2,000,000.00 $1,800,000.00 $1,600,000.00 $1,400,000.00 $1,200,000.00 $1,000,000.00 $800,000.00 $600,000.00 $400,000.00 $200,000.00  For Sales Taxes, our. April receipts were: $294,285. This was: $37,656 more than the: same period last year. Our budget for: sales taxi revenue for FY24 iss seta at $3,095,000, and so far, this) year wel have recorded $2,952,446, or 95.4%. Sales' Tax Reports from thel Department of Revenue are provided atl least two months behind actual collections. Ouri next: sales tax  deposit will be August15th,  Sales Tax Collections by Month  $400,000.00 $350,000.00 $300,000.00 $250,000.00 $200,000.00 $150,000.00 $100,000.00 $50,000.00  :  Building Permit Fees for the month of June were $28,747. To date we have collected a total of $274,338 or 171.5% of the budget. At the same time last year, our year-to-date revenue was $153,160. The budget for the 2024 budget year is $160,000. Thef following charts and graphsincludel Budgeted: and Actual, Revenue andl Expenditures for the General Fund, Water & Sewer Fund, Stormwater Fund, and thel Powell Billl Fund.            CITYOF DUNN PAMNGAMDISPETONS  MAY 2024 I Monthly Development Report  Planning & Inspections Department I 102 N. Powell Ave., Dunn, NC 28334 I phone 910-230-3503 I fax9 910-230-  9005 www.dunn-nc.org Code Enforcement  Type Minimum Housing/Water Cut 0 On Inspections Non-Residential Inspections Improper refuse in container Junk & Debris Violations Household/Indoor Furniture Junk Vehicles Junk Vehicles Removed by City 0 Weeded Lot Violations Overgrowth Dead/Unsafe Trees Misc. Complaints/Public Nuisance 0 Illegal Dumping Illegal Signs Plantings in right of way Large Limbs Yard Waste/Trash Can  Number 0 0 1 0 0 29 0 0 0 0 0 0 0  Permits & Inspections  Permits Issued Permit Fees Collected Inspections Performed Plans Reviewed Demolitions Peddler Food Truck Permits Food Truck Renewals ABC Permits Tent Permits Special Event/Noise Permit Fire Inspections Performed Fire Permits Issued Fire Invoices Due/unpaid Fire Inspection Fees Collected $1,980 Development Permits 12  105 $45,814 206 159 Initial 77.2% 47 re-inspection 22.8% 5 0 1 1 0 0 0 $90  Certificate of Occupancy's Issued 11  Fire Inspections & Permits  14 (52 including reinspections)  2 $7,187  Planning & Zoning  $850    TYOF DUNN PLANNINGA ANDINSPECTIONS  Screened Porch- Storage Bldg/Barn.-1 Fences- 3 New Residential Construction- 13 New Commercial Construction- Addition- 1 Parking lot/driveway/siteplan: Other/elec veh charging station- Swimming Pool- Wall- 3 Wallw w/elec- 1 Freestanding- Freestanding w/elec- Highrise- Face Replace- 2 (nof fee) Yard- Temp Banner- Temp- Billboard- Billboard w/elec- Interstate w/elec- Ground- Political- Special Event- $330 $0 $0 $0 $0 $0 $100 $0 $0 $2,025 $2,025 $0 $0  Sign Permits 6  $200  Plats/Recombination Approved Minor Subdivision Major Subdivision Annexation Easement Zoning Violations/citations. Zoning Verifications- Rezoningvariance- Conditional/Special Use- Business Registration New-o Renewals- 29 Home Occupation- 0  Code Enforcement Map June 1 sto June 30",2024 up on, orarea ata al later stage in enforcement. **  **Please note, that these are all NEW code enforcement items. This does not include items that were followed     unu Avois 00  00%  C  BO( 098  - o M    BUILDING PERMITS-JUNE: 2024  Address 200 N. Clinton Ave 1801 W. Cumberland St 2100W. Cumberland: St 590E E. Jackson Rd 215E. Broad St 117N. Wilson Ave 108W. Edgerton St 901 Rooms to Go Way 1125 E. Cumberland: St 509 N. Fayetteville Ave 115 S. Wilson Ave 1081 W. Edgerton St 307E. Burke St 505 Saint 271 McNeil Cir 261 McNeil Cir 800 S. Magnolia Ave 604E. Duke St 306 E. Godwin St 806 S. Magnolia Ave 306 Saint St 280 Bruce Dr 133 Courtside Dr 272 Bruce Dr 264 Bruce Dr 109 Courtside dr 125 Courtside Dr 501 W. Vance St 104 Gleneagles Ave 101 Holmes St 101 Pine St 271 McNeil cir 261 McNeil Cir 406 N. Orange Ave 800 S. Magnolia Ave 306 E. Godwin 806 S. Magnolia Ave 306 Saint St 280 Bruce Dr 133 Courtside Dr 272 Bruce Dr 264 Bruce Dr  Permit Type  Commercial Building Permit Commercial Building Permit Commercial Building Permit Commercial Building Permit Commercial Building Permit Commercial Electrical Permit Commercial Electrical Permit Commercial Electrical Permit Commercial Electrical Permit Commercial Mechanical Permit Commercial Mechanical Permit Commercial Mechanical Permit Res Demolition Permit Res Development Permit Res Development Permit Res Development permit Res Development Permit Res Development Permit Res Development Permit Res Development Permit Res Development permit Res Development Permit Res Development Permit Res Development Permit Res Development Permit Res Development Permit Res Development Permit Res Development Permit Res Development Permit Res Development Permit Res Development Permit Residential Building Permit Residential Building Permit Residential Building Permit Residential Building Permit Residential Building Permit Residential Building Permit Residential Building Permit Residential Building Permit Residential Building Permit Residential Building Permit Residential Building Permit    104 Gleneagles Ave 109 Courtside Dr 125 Courtside Dr 505 Saint 311 N. Clinton Ave 101 Holmes St 1602 Lakeshore Dr 7035 S. King Ave 818 Ammons Rd 802E E. Divine St 1007 N. Mckay Ave 1903 Friendly Rd 505 W. Wake St 311 Village Square Dr 311 E. Harnett 818 Ammons Rd  Residential Building Permit Residential Building Permit Residential Building Permit Residential Building Permit Residential Building Permit Residential Building Permit Residential Building Permit Residential Building Permit Residential Electrical Permit Residential Electrical Permit Residential Electrical Permit Residential Electrical Permit Residential Electrical Permit Residential Mechanical Permit Residential Plumbing Permit Residential Plumbing Permit    CODE ENFORCEMENT ACTIONS:JUNE: 2024  Address Number  Id 18776042 804 18761163 711 18761112 400 18760948 110 18760921 300 18756539 1401, 18756534 1602 18753345 710 18753341 708 18749794 102 18731871 309 18731869 605 18739142 603 18727448 306 18727445 402 18727429 407 18727385 208 18744581 1402 18739156 1111 18794302 807 18744566 1400 18718322 311 18775733 1100 18744561 1400 18718293 401  Street Name South Washington Avenue High Grass East Harnett Street East Townsend: Street Venus Drive Saturn St 1403 Fairground Road Fairground Road East Divine Street East Divine Street Covington Lane South Orange Avenue wI Divine St West Divine Street  Work Type High Grass High Grass High Grass High Grass High Grass High Grass High Grass High Grass High Grass High Grass High Grass High Grass  Date Flagged 6/21/2024 10:14:27AM 6/17/20249 9:36:40A AM 6/17/2024 9:30:03 AM 6/17/2024: 9:11:48A AM 6/17/2024 9:09:36/ AM 6/14/2024: 9:48:06/ AM 6/14/2024: 9:45:53 AM 6/13/2024 9:29:30 AM 6/13/2024 9:28:48/ AM 6/12/2024: 1:35:58PM 6/6/2024: 11:54:07 AM 6/6/2024: 11:52:45 AM 6/6/2024 11:52:34 AM 6/5/2024 11:07:34 AM 6/5/2024 11:06:50/ AM 6/5/2024 11:04:52 AM 6/5/2024 10:57:51 AM 6/11/2024: 10:29:58/ AM 6/10/2024: 8:50:01 AM 6/28/2024: 9:43:45 AM 6/11/2024 10:27:10 AM 6/3/2024: 10:43:46/ AM 6/21/20241 8:50:40/ AM  South) Washington Avenue High Grass South Washington Avenue High Grass South Washington Avenue High Grass North Lee Avenue ErwinF Road West Broad Street South Layton Avenue Erwin Road Marlowe Drive North Clinton Avenue ErwinF Road Coleridge Drive  High Grass Improper Refusei in Container Junk Vehicle Junk/Debris Junk/Debris Junk/Debris Unsafe Trees  Yard Waste) Violation 6/11/2024 10:24:51 AM Yard Waste) Violation 6/3/2024: 10:38:45 AM    9  4      &X  &  A   2        5 de    Z D 6 e    5 e    4 o  - a e    e    PUBLIC WORKS DEPARTMENT. JUNE 2024 MONTHLY REPORT  101ECLEVELANDS ST, DUNN NC 28334 PHONE910-892-2948 FAX910-892-8871 www.dunn-nc.org  STREET DEPARTMENT  TYPE  NUMBER  ALLEY MAINTENANCE CATCH BASIN CITY CUTS DAMAGE TO VEHICLE DEBRIS IN DITCHES DITCHES SPRAYED FIBER OPTIC CUT FURNITURE LIMBS NEEDS 10 BARRELS NEEDS SWEEPING POTHOLE REPUBLIC SERVICES COMPLAINT ROOTS IN ROADWAY STORM DRAIN TRASH UTILITY CUT  1 4 7 1 3 19 1 104 217 1 1 3 1 2 2 2 6  TOTAL WORK ORDERS  375    PUBLIC WORKS DEPARTMENT, JUNE 2024 MONTHLY REPORT  101 ECLEVELAND ST, DUNN NC 28334 PHONE 910-892-2948 FAX910-892-8871 www.dunn-nc.org  TONNAGE REPORT  TYPE  NUMBER  SOLID WASTE INT TONS YARD WASTE IN TONS RECYCLING WASTE IN TONS GRAND TOTAL TONS  228.9 43.86 26.57 299.33  *Data from Republic Services Report    PUBLIC WORKS DEPARTMENT JUNE 2024 MONTHLY REPORT  101ECLEVELANDS ST, DUNN NC 28334 PHONE 910-892-2948 FAX910-892-8871 www.dunn-nc.org  CEMETERY DEPARTMENT  TYPE  NUMBER  MOWING & WEEDEATING OPEN/CLOSED  32 15  47    CITY OF DUNN PUBLIC UTILITIES  Public Utilities Dept IJ July 2024 I Monthly Report  101 E. Cleveland St., Dunn, NC: 28334 I phone 910-892-2948 If fax910-892-8871 I www.dunn-nc.org  Water/Sewer Department  On Call Leak Repair Water Tap New Sewer Tap Sewer Tap Renewals Water Construction Sewer Stoppage Sewer Construction Manhole Inspection Outfall Maintenance Hydrant Repair Utility Locates Water Meter Repalr/Invesugations Retire Water and Sewer Services Valve Maintenance Taste and Odor Complaint Water Quality Flushing Low Pressure Complaint Other- Water Other-s Sewer  6 9 2 2  11 35 3 3 738 11  1 1 2 14 2    MAAA NC  Public Utilities Dept-WTP I May 2024 Monthly Report 101 E. Cleveland: St., Dunn, NC 28334 I phone 910-892-2948 I fax 910-892-8871 Iwww.dunn-ncorg  A.B. Uzzle Water Treatment Facility  Total Million Gallons Pumped Average Million Gallons Per Day 2.75342 Total Million Gallons Bulk Sales  85.356  Pumped  43.817  Water Plant Averages and Total Million Gallons Pumped  2023-2024  120 100 80 50 0 20  97.246 96,47997627  101  7532 83.457 0Z  3.03  2.938 2.6 2.69 2.84 2.753  1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan 1-Feb 1-Mar 1-Apr 1-May Daily Average Pumped Total Million Gallons Bulk: Sales Total Million Gallons Pumped  2023-2024  *Data from A.B. Uzzle Water Treatment Plant records, and Finance Department billing.    NC  Lead and Copper Rule Revision: Lead Service Line Inventory (LSLI) KCI Associates of North Carolina = Update as of May 31, 2024 KCI conducted the project kickoff meeting with City of Dunn staff;  - KCI searched for and analyzed GIS data to aid in development of the lead service line KCI performed research on the State of North Carolina requirements in reference to the  inventory; and  Lead and Copper Rule Revisions; and  . KCI developed the LCRR data capture workflow plan for field investigations.  Roof Repair:  The leaking TPO Roof has been repaired/replaced on the Maintenance Building and Chemical  Feed Room at the Water Treatment Plant.    Public Utilities Dept I June 2024 Monthly Report  101 E. Cleveland St., Dunn, NC: 28334 I phone 910-892-2948 I fax 910-892-8871 www.dunn-nc.org  Black River Wastewater Treatment Facility  June  Total Million Gallons Treated Average Million Gallons Per Day Treated Rainfall in Inches  45.667 1.522 1.26  *Data from NC DEQI DMR documents and Black River Wastewater Treatment Plant records  Total Million Gallons Treated  100 90 80 70 60 50 40 30 20 10  91.157  67.701 55.309  68.003 56.764  45.667  Jan. Feb. March April May June 1July Aug. Sept. Oct. Nov. Dec.    Average Daily Flow  2 1.8 1.6 1.4 1.2 U D 0.8 0.6 0.4 0.2 0  1234567891010111213.14: 15 16171819202122232425262728293031  June  Rain Fall  1.2  0.8 f 0.6 @ 0.4 0.2  12345678) 10 11 12 1314 15 16 17 18 192021: 22 23 24 25 2627.28-293031  June        June Monthly Recreation Report  2024  CITY OF  DUNN  NC  PARKS AND RECREATION  Narrative Report  Dunn All-Star Teams Softball All-Stars  All three of our softball teams competed in their district tournament in Hoke County starting on June 14th. Our Darlings (8u) went 1-2, Angels (10u) went 2-2, and Ponytails (12u) went 0-2. Although our teams were competitive in every game no team advanced to the state tournament,  ending their all-starj journey. Baseball All-Stars  Two of our baseball teams competed in their district tournament in Hoke County starting June 22nd. Our AAA (10u) went 3-2 and Majors (12u) went 0-2. AA (8u) did not participate ini the district tournament since Dunn is the host of the AA state tournament granting them an automatic spot. Although AAA did not win their district tournament, they still advanced as our district division 2 representative in the AAA state tournament in Lockwood Folly, NC.  2024 DYB NC. AA League State Tournament  We are hosting the 2024 DYB NC AA League State Tournament on June 29th_-. July 3rd at the Clarence Lee Tart Memorial Park. There are 24 teams competing for the division 1 and division  2t title to represent Noth Carolina in the World Series.  Summer Camps  Summer Camp registration began on April 25th. Camp registration will remain open until all camps are full. Twenty participants are allowed per camp. The first camp will begin on June 17th and the last camp will end the week of July 22nd. The camps are 4 days a week and  locations vary.    June Monthly Recreation Report  2024  Miracle League  Registration ended on. June 5th, and they started games on June 20th at Tyler Park. Their last  game will be on July 18th. CloudWyze sponsored both teams this season.  Fall Registration  Fall registration will begin on July 1st for cheer, football, soccer, and volleyball.  Recreation Advisory Board  The last meeting was held on Tuesday, April 16, 2024, at 6:00 p. m. in the Multipurpose Room. The next meeting will be held on August 20, 2024, at 6:00 p. m. ini the Dunn Community Center.    2024  CITY OF  DUNN  NC  PARKS AND RECREATION (910)892-2976 - CityofDunn.org  205. Jackson Rd. - PO Box 1065 - Dunn, North Carolina 28335  June Monthly Report  Dunn Parks & Recreation  Facility Rentals, Programs & Etc.  Numbers 5 0 0 0 2 0 4 14 6 9 15 8 7 5 10 12 30 9 15 23  Rentals  Facility Dunn Community Building Clarence Lee Tart Memorial Park Multipurpose Room Codrington Park Nathan Harris Athletic Complex @ Tyler Park Baseball & Softball Field Rentals Tennis Courts Picnic Shelter Rentals Miracle League Arts & Crafts Baseball Boys' Basketball Dance Fitness Football Fun & Games Girls' Basketball Mystery & Mayhem Soccer Indoor/Outdoor Softball Tennis Volleyball  Miracle League Summer Camp Programs    PKVyas Center  PKV Vyas Recreational Walkers Free Play 14-17 years old Free Play 11-13 years old Free Play 10 & Under years old Adult Play Batting Cage Rentals Pickleball Players Racquetball Court  88 57 39 8 13 0 61 0  Cemetery Report  Resthaven Cemetery  Sections  Total Spaces 6,960 432 488 1,248 10,092 3,448 272 3,336  Purchased 6,543 20 18 0 9,727 1,503 272 0  Available 417 412 470 0 365 1,833 0 0  Existing section 1-9, 11,13&15 Section 12 (opened May 2023) Section 14 (opened May 2023) Section 10& 16 (not yet open) Existing Section A-Z Existing Section A -F Existing section I, II,III Section G-F P( (not yet open)  Greenwood Cemetery Memorial Cemetery    CITY OF DUNN POLICE DEPARTMENT (910)8 892-2399. CityofDunn.org Chiefofp Police Cary. Jackson  1887  401E Broad St. PO Box 1065. Dunn, North Carolina 28335  June 2024 Monthly Crime Stats (06/01/2024 to 06/30/2024)  Crime Homicide Rape Robbery Aggravated Assault Burglary Forcible Entry Burglary Non-Forced Entry Larceny from Motor Vehicle Larceny all- other Simple Assaults Criminal 24  Number 2 0 1 4 3 1 3 34 11  Investigations 0  Division Arrests 5  Assigned Cases 34  Cases Closed Recovered Property  Search Warrants Executed 7  Dunn Police Arrest & Citation Stats  Month June Overdose Stats Month June  Felony 34  Misdemeanor 63  Citations 305  Fatal 0  Non-Fatal 4  Total 4  DPD Narcan Use 0  Flock  Safety Recovered Property 0  Utilizations Leads Established 1  Total Plate Hot List Hits Reads: 1.3 million  Agencies Assisted  393  5  Where community begins!    POLICE  Dunn Police Department Community Enhancement Team Monthly Report  Month: June 2024  Arrest Charges: Felony: 12  Misdemeanor: 31 Juvenile: 0  Citations/Written Warnings Issued: 19  Drugs seized:  Marijuana Crack Cocaine Metnampnetamine Fentanyl Buprenorphine Percocet Psilicyben  360 Grams 4 Grams 31 Grams 4 Grams 12 du 7DU 24 Grams  $360.00 $800.00 $6200.00 $480.00 $120.00 $70.00 $360.00  Drug Seizure Street Value - $8,390.00  ABC Violations: 4  Community Events conducted: The CET Unit assisted with the Vaccination and Microchip Clinic held at Petsense in Dunn. Here, we assisted in vaccinating 89 animals and microchipping 76 pets. We also assisted in hosting the Miracle League where we helped Special Needs Athletes hit baseballs and run the bases. Additional information: K9 Apacs was utilized in real- life & training scenarios 18 times this month. In total, operations he was involved in resulted in the seizure of over $9,890.00 worth of  Narcotics.  401 East Broad Street . Dunn, NC 28334 e 910-892-2399    Anmouncements  Dunn City CouncilMeeting  July23,2024  The next Dunn City Council Work Session is scheduled  for Tuesday, August 13th at 6:30 p.m.  The next Regular Meeting of the Dunn City Council is scheduled for Tuesday, August 27th at 6:30 p.m.  The next Broad Street Block Party will be held on September 5th from 6:00 to 9:00 p.m. in Downtown  Dunn.  NC    CITY OF DUNN ABC BOARD Minutes of Meeting, May 28, 2024  The Dunn ABC Board met on May 28, 2024. Present were Cindy Smith, Lynn Jernigan, Marc Phillips, Rob Jones, Manager Charles Willis who served as Secretary to the Board, and Finance Officer Rosanna Wilson. Board Chairman Dal Snipes was not present at the meeting. Mr. Jones offered a prayer, and the meeting was called to order. Pursuant to GS 18B-201, the Board affirmed there is no conflict ofinterest with matters Mr. Willis presented the minutes ofthe April 16, 2024 meeting that were approved by the Board. The Board members were given copies of April 2024 Financial Statements. The Board reviewed the statements noting that sales in April 2024 were $22,707.45 above last year. Year to date sales are $98,003.09 above last year. Mixed Beverage sales are Mr. Willis sent April sales for NC ABC Boards to Board members on May 9, 2024. Mrs. Wilson made aj presentation to the Board requesting additional management responsibilities as assistant to the GM while continuing her duties as Finance Officer and be compensated accordingly. Mrs. Wilson then excused herself from the meeting. Mr. Willis presented the Board with a review and analysis of proposed wage adjustments for Dunn ABC employees for FY 2024-2025. The Board recessed into closed session for discussion. The meeting was then called back to order and the Board members affirmed that the wage proposal and Mrs. Wilson's proposal was approved with all in favor. The Board members were given copies oft the FY 2024-2025 Budget Message and Proposed Budget Ordinance. Al Public Hearing will bel held during the. June Board As requested by Cindy Smith at the. April meeting, the Board members received ai report provided by Tammy Johnson detailing the spending of the Alcohol Education funds The Board received a revised copy of the Policies and Procedures Manual. Final edits and Mr. Willis informed the Board that Pat Preslar of the NCABC Commission would be conducting a RASP training session in Dunn on Thursday June 27th, 2024.. With: no other business, Rob Jones moved to adjourn seconded by Marc Phillips. The next meeting is Tuesday June 18, 2024 at Dunn City Hall Council Chambers at 8:00am.  coming before the Board today.  $28,327.81 above last year.  meeting on. June 18th at Dunn City Hall Council Chambers.  received by our six area schools.  changes should be made and approved at next month'sr meeting.  Charles P. Willis Cwhinil    5:54PM 05/14/24 Accrual Basis  DUNN ABC Board Profit & Loss April 2024  Apr24 136,610.45 196,286.29 21,461.10 44.06 1,500.00 83,490.00 -1,040.58 -1,901.00 -190.06 269,280.26 188,555.10 -1,879.35 186,675.75 82,604.51 1,000.00 2,655.95 -0.01 22,074.40 12,643.51 2,735.10 3,291.08 1,056.03 -13.89 -6.04 1,802.92 2,076.73 1,574.50 1,990.00 160.00 370.46 1,191.63 337.04 222.05 1,465.34 596.38 414.63 509.17 653.27 217.11 695.00 100.00 80.00 80.00 80.00 80.00 200.00 50.00 719.45 569.62 612.31 62,283.74 20,320.77  Income  40100 LIQUOR SALES-STORE #1 40200 LIQUOR SALES-S STORE #2 40300  LIQUOR SALES MIXB BEVERAGE#1 41000. I INTEREST EARNED: #1 42000  OTHER INCOME #1 53101 N.C. EXCISE TAXI #1 53201 REHABILITATION TAX#1 53401. MIXED BEVERAGE TAX#1 53501 MIXED B. TAXI DEPT HUMAN RES.# #1  Totall Income Cost of Goods Sold 50000 Cost of Goods Sold 61200 INVENTORY ADJUSTMENT#1 Total COGS Gross Profit Expense  60300 TRUCK DELIVERY COST 66000.  Payroll Expenses 66900 Reconciliation Discrepancies 70101 - SALARIES - DUNN#1 70102 SALARIES DUNN #2 70301 N.C. RETIREMENT FUND #1 70401 GROUP INSURANCE #1 70501 401K FUND#1 70801 CASH VARIANCES #1 70802. CASH VARIANCES #2 70901 - CREDIT CARD CHARGES #1 70902. CREDIT CARD CHARGES #2 71101  DEPRECIATION: #1 71201 REPAIRS & MAINT. #1 71202 REPAIRS & MAINT. #2 71401 UTILITIES #1 71402 UTILITIES #2 71501 TELEPHONE #1 71502. TELEPHONE #2 72000 INSURANCE 72201 STORE SUPPLIES#1 72202 STORE SUPPLIES #2 72400 TRAVEL EXPENSES Willis 72405 * TRAVEL EXPENSES Wilson 73001 OFFICE SUPPLIES #1 74201 DUES & SUBSCRIPTIONS: #1 74400 BOARD EXPENSES- SNIPES 74401 BOARD EXPENSES - PHILLIPS 74402 BOARD EXPENSES J JERNIGAN 74403 BOARD EXPENSES - SMITH 74405. BOARD EXPENSES.JONES 75507 ALC. ED. DUNN AA GROUP 75601 VEHICLE EXPENSES #1 78101 BANK CHARGES #1 79301 SECURITY: #1 79302 SECURITY: #2 Total Expense Net Income  Page 1    5:46PM 05/14/24 Accrual Basis  DUNN ABC Board Trial Balance As of April 30, 2024  Apr 30,24 Debit 550,211.21 0.00 0.00 731.02 6,800.00 3,988.64 680,488.51 0.00 0.00 191,571.78 106,159.25 424,565.27 108,116.01 40,879.90 14,043.56 11,963.65 98,211.00 19.90 0.00 0.00  Credit  10100- Checking Acct- First Citizens 14500. A/R OTHER 12000. Undeposited Funds 10801 PETTY CASH: #1 11001 Change Fund #1 13001 PREPAID INSURANCE#1 14100 INVENTORY #1 14200 INVENTORY #2 14700 ALL BREAKAGE 15001 LAND 15100 LAND IMPROVEMENTS 16000 BUILDINGS 17001 - STORE EQUIPMENT: #1 17002- STORE EQUIPMENT #2 17101 . OFICE EQUIPMENT#1 17501 VEHICLES#1 19001 ACCUM. DEPRECIATION#1 19500 Deferred Outfiows 20100 A/P. DISTILLERIES 20300 A/P-OTHER 20101 A/P- - DISTILLERIES (TEMP) 20301 A/P- -OTHER (TEMP) 21000. A/P. INSURANCE WITHHELD 21301  Aflac supplmental. Pre Tax 21401 Aflac Supplemental-Post: Tax 22000 A/P- FEDERAL TAX WITHHELD 22100 A/P-FICA1 TAX WITHHELD 22200 A/P- NCI INCOME TAX WITHHELD 22300. A/P-401K- -EMPLER 22400 A/P- -401K- EMPLEE 22600 A/P- RETIREMENT E EMPLR 22700 A/P. RETIREMENT EMPLEE 22900. MixBev Tax Payable HR 23000 Excise Tax Payable 23100 Mix Bev Tax-Rev Payable 23300 SALES TAXI PAYABLE 23500 Retirement Payable 24000 Payroll Liabilities 26000. Net Pension Liability/Asset 25000 Deferred Inflows 31000 City of Dunn Profit Dist 32000- Retained Earnings 40100- L LIQUOR SALES -S STORE #1 40200  LIQUOR SALES -S STORE #2 40300 L LIQUOR SALES MIXB BEVERAGE #1 41000. INTEREST EARNED: #1 41500 MISC. REFUNDS #1 42000  OTHER INCOME #1 53101 N.C. EXCISE TAX#1 53201 REHABILITATION TAX#1 53401 MIXED BEVERAGE TAX#1 53501 MIXED B. TAXI DEPT HUMAN RES.#1 50000- Cost of Goods Sold 61200 INVENTORY ADJUSTMENT: #1 60300. TRUCK DELIVERY COST 66000 Payroll Expenses 66900 * Reconciliation Discrepancies 70101 SALARIES DUNN #1 70102 SALARIES- - DUNN: #2 70301 N.C. RETIREMENT FUND: #1 70401 GROUP INSURANCE #1 70501 401K FUND# #1 70801 CASH VARIANCES #1 70802 CASH VARIANCES #2  401,066.22 101,260.68 1,194.04 143.00 87.55 359.12 1,113.10 889.00 1,056.03 1,431.03 2,735.12 1,267.22 162.88 76,633.77 1,629.00 23,392.57 100,982.00 911.00 1,626,720.80 1,302,323.85 2,074,275.78 193,498.85 480.67 1,134.20 6,612.18  0.00 0.00 350,000.00  784,377.00 9,876.74 14,297.00 1,429.79 1,928,934.13 9,010.00 24,627.91 0.02 197,338.64 125,732.59 24,224.36 29,217.57 9,353.11  38,028.27  68.13 60.37  Page 1    5:46 PM 05/14/24 Accrual Basis  DUNN ABC Board Trial Balance As of April 30, 2024  Apr 30, 24 Debit 27.77 16,966.47 21,412.41 15,316.07 11,306.17 6,429.41 5,024.99 12,937.91 3,100.78 2,165.68 15,072.59 13,595.36 9,680.36 6,119.88 435.94 1,105.36 1,104.73 118.74 345.66 293.16 2,887.58 6,870.00 11,440.39 1,000.00 800.00 800.00 800.00 80.00 720.00 1,575.00 1,925.00 1,725.00 3,260.00 1,750.00 2,000.00 1,215.00 4,000.00 3,203.23 400.00 5,465.86 90.98 11,250.00 3,859.67 3,726.93 5,959,572.64 5,959,572.64  Credit 56.21  70803. CC VARIANCES #1 70804 CC VARIANCES #2 70901 CREDIT CARD CHARGES #1 70902 CREDIT CARD CHARGES #2 71101 DEPRECIATION: #1 71201 REPAIRS &N MAINT. #1 71202 REPAIRS & MAINT. #2 71401 UTILITIES: #1 71402-U UTILITIES #2 71501 I TELEPHONE #1 71502 TELEPHONE #2 71601 COMPUTER MAINT. #1 72000. INSURANCE 72201  STORE SUPPLIES: #1 72202 - STORE SUPPLIES #2 72301 UNIFORMS #1 72400 TRAVEL EXPENSES Willis 72405. TRAVEL EXPENSES Wilson 72500 UNEMPLOYMENT INSURANCE 72601 LICENSE & OTHER TAXES #1 72602 LICENSE & OTHER TAXES# #2 73001 OFFICE SUPPLIES #1 74001 * PROFESSIONAL SERVICES #1 74201 DUES & SUBSCRIPTIONS #1 74400 BOARD EXPENSES- -SNIPES 74401 BOARD EXPENSES - PHILLIPS 74402 BOARD EXPENSES JERNIGAN 74403 BOARD EXPENSES- - SMITH 74404 BOARD EXPENSES -JUDD 74405. BOARDI EXPENSESJONES 75008 Alc. Ed. Coats-Erwin Mid School 75502 ALC. ED. TRITON HIGH SCHOOL 75503 ALC. ED. DUNN MIDDLE SCHOOL 75504.. ALC. ED. Dunn Elem Harn. Prim. 75505 Alc. Ed. Erwin Elem. School 75507.- ALC. ED. DUNN AA GROUP 75510 ALC. ED. TEACHERS 75511 Alc. Ed. Sold Out Youth 75601 VEHICLE EXPENSES #1 78001 MISCELLANEOUS EXPENSE# #1 78101 BANK CHARGES #1 78102 BANK CHARGES #2 79001 LAW ENFORCEMENT#1 79301 SECURITY#1 79302 SECURITY#2 TOTAL  Page 2    CITY OF DUNN ALCOHOLIC BEVERAGE CONTROL BOARD  Adopted Budget for fiscal year 2024-2 2025  June 18, 2024  RE: BUDGET MESSAGE To the Dunn ABC Board  The Annual Budget for the fiscal year July 1,2024 through June 30, 2025 (FY24/25) has been prepared in accordance to N. C. General Statute 18B-702, "Financial Operations of Local Boards". The ABC Board determines, through adoption of an annual budget, the level of customer services that the ABC system will provide and the resources available The primary drivers during the preparation of this budget included projected operating costs required to sustain acceptable levels of customer service during fiscal year 2024/2025 and the need to provide distributions to beneficiaries. The budget consists of projected revenues from liquor sales of $4.31 million, taxes related to income of $999 thousand, cost of sales of $2.2 million, and operating expense  for operations and capital projects.  costs of $751 thousand. Highlights of Budget:  Retail sales are projected to increase over. FY 2023/2024. Building and property renovations are planned for FY 2024/2025 The assumption that no debt will bei incurred. Employee wages will be evaluated fori increases and/or adjustments. Profit Distribution to the City of Dunn is projected to be $200 thousand. The ABC Board has four (4) full-time employees and four (8) part-time  employees.  Charles P. Willis Capil Manager: Dunn ABC Board    APPROVED BUDGET ORDINANCE DUNN ABC BOARD Fiscal Year 2024-2025  The following ordinance establishing revenues and setting expense appropriations is hereby proposed to be  effective. July 1, 2024, through. June 30, 2025.  Section 1. Estimated Revenues. It is estimated that the revenues listed below will be available during the fiscal year beginning July 1, 2024 and ending June 30, 2025 to meet the operational and functional appropriations as set forthi in Section 2, in accordance with the chart of accounts prescribed byt the state ABC  Commission. Estimated Revenues: Sales Other Income Total  $4,308,000 $7,150 $0 $4,315,150  Section 2. Appropriations. Thei following expenses are hereby appropriated forf fiscal year 2024-2025: and are funded  byt ther revenues made available through Section 1, herein.  Appropriations: Taxes Based on Revenue Cost of Goods Sold Operating Expenses Salaries & Wages Payroll taxes Retirement & 401k Insurance: General & Group Board Member Per Diem Repairs & Maintenance Utilities Store/Office. Supplies Travel /Vehicle Professional Fees & Dues Credit Card & Bank Fees Cash Over/Short Security Unemployment Insurance Contingencies Total Capital Outlay: Building Computer Debt Proceeds  $999,250 $2,201,000 Total $415,000 $29,500 $40,500 $55,000 $9,000 $35,000 $27,000 $20,000 $12,000 $23,150 $53,000 $0 $7,500 $200 $25,000 $751,850 Total $125,000 $5,000 $0 $130,000  Store(s)  Admin.  Warehouse Law Enf.  Store(s) Admin. $0 $  Warehouse Law Enf.  $  $    Debt Service/Lease: (define)  $  $  $ $ $0  $ $ $0  $0 $0 $0  Total Estimated Expenses Distributions: Mandatory 31 1/2% & Bottle Tax Law Enforcement Alcohol Education & Rehab. Other County/Municipal Other Distributions Total Distributions Working Capital Retained Appropriated Fund Balance) Total Expense, Distribution & Reserve  $0  $0 $4,082,100  $200,000 $15,000 $18,050 $233,050 $0 $0 $4,315,150  Section. 3. Copies oft this Approved Budget Ordinance. shall bej furnished to the City of Dunn, thes state ABC Commission, andt to the Budget Officer and Finance Officer to bel kept on file byt them for their direction ino disbursement  offunds.  ADOPTED byt the Dunn ABC Board this 18th day of June, 2024.    APPROVED BUDGET AMENDMENTS DUNN ABC BOARD FISCAL YEAR2023-2024  The following amendments are proposed to be made to the annual budget ordinance for the  fiscal year ending June 30, 2024.  Section 1. To amend Sales, Cost of goods Sold, Taxes based on Revenue, Salaries and Wages, Payroll Taxes, Retirement and 401-K, Board Member Per Diem, and Professional Fees To amend Travel and' Vehicle, Unemployment Insurance, Repairs and Maintenance, Utilities, Store & Office Supplies, Credit Card & Bank Charges, Security, Contingencies, and Capital Outlay to reflect decreases in these accounts, the appropriations are to be made as follows:  and Dues to reflect increases in these accounts, AND,  ACCOUNT Sales  DEBIT  CREDIT 25,300  Taxes based on Revenue Cost of Goods Sold Salaries and Wages Payroll Taxes  16,755 93,500 76,000 5,750 7,140 330  Insurance - Group & General Retirement & 401-K Board Per Diem Travel and Vehicle Unemployment Insurance Repairs and Maintenance Utilities  1,630  6,500 130 86,200 1,335    APPROVED BUDGET AMENDMENTS DUNN ABC BOARD FY-2023-2024 (Continued)  ACCOUNT  DEBIT 4,097  CREDIT  Professional Fees and Dues Store & Office Supplies Credit Card & Bank Charges  365 3,450 14,900 25,000 38,762  Security Contingencies Capital Outlay  203,572  203,572  Section 2. Copies oft this budget amendment shall be furnished to the City of Dunn and  the ABC Commission. ADOPTED this 18th day of June, 2024.    AMENDED BUDGET ORDINANCE DUNN ABCBOARD Fiscal Year 2023-2024  The following ordinance establishing revenues and setting expense appropriations is hereby proposed to be  effective July 1, 2023, through June 30, 2024.  Section 1. Estimated Revenues. It is estimated that the revenues listed below will be available during the fiscal year beginning July 1, 2023 and ending June 30, 2024 to meet the operational and functional appropriations as set forth in Section 2, in accordance with the chart of accounts prescribed by the state  ABC Commission. Estimated Revenues: Sales Other Income Total  $4,305,000 $7,050 $0 $4,312,050  Section 2. Appropriations. The following expenses are hereby appropriated fori fiscal year 2023- -2024 and are funded  by the revenues made available through Section 1, herein.  Appropriations: Taxes Based on Revenue Cost of Goods Sold Operating Expenses Salaries & Wages Payroll taxes Retirement & 401k Insurance General & Group Board Member Per Diem Repairs & Maintenance Utilities Store/Office Supplies Travel /Vehicle Professional Fees & Dues Credit Card & Bank Fees Cash Over/Short Security Unemployment Insurance Contingencies Total  $981,455 $2,331,500 Total $376,000 $28,950 $39,950 $52,450 $5,370 $36,550 $27,560 $23,335 $7,600 $21,422 $52,900 -$162 $7,600 $120 $0 $679,645  Store(s)  Admin.  Warehouse  Law Enf.    Store(s)  Admin.  Warehouse  Law Enf.  Total $74,250 $12,150 $0 $86,400  Capital Outlay: Building Computer Debt Proceeds  $0  $  $  $  Debt Service/Lease: (define)  $ $  $ $ $0  $ $ $0  $ $ $0  $0 $0 $0  Total Estimated Expenses Distributions: Mandatory 3 1/2% & Bottle Tax Law Enforcement Alcohol Education & Rehab. Other County/Municipal Other Distributions Total Distributions Working Capital Retained (Appropriated Fund Balance) Total Expense, Distribution & Reserve  $0 $4,079,000  $200,000 $15,000 $18,050 $233,050 $0 $0 $4,312,050  Section 3. Copies of this Approved Budget Ordinance. shall be furnished to the City of Dunn, the state ABC Commission, and to the Budget Officer and Finance Officer to be kept on file by them for their direction in disbursemer  of funds.  APPROVED by the Dunn ABC Board this 18th day of June, 2024.    DUNN HOUSING AUTHORITY BOARD OF COMMISSIONERS MEETING  MINUTES MONDAY, MAY20, 2024  The Commissioners of the Dunn Housing Authority ("DHA") met in regular session at 817 Stewart Street, in Following "Words of Encouragement" by Eddie Draughon, the meeting was called to order at 4:00pm.  Dunn, North Carolina, on Monday, May 20, 2024.  Upon roll call, the following were present and absent:  Present: Board Chair, Kyle Thrower, Vice-Chair, Eddie Draughon, Commissioner Sharon Gant and Secretary  Felicia Chester.  Absent: Lois Dail (medical absence)  Public Comment Period: There were no public comments.  Approval of Meeting Minutes: Sharon Gant. Ayes Kyle Thrower Eddie Draughon Sharon Gant  The motion to accept the minutes from the April meeting was made by Eddie Draughon and seconded by  Ayes and Nays for both were as follows:  Nays  MINUTES OF THE APRIL 2024 BOARD MEETING WERE READ AND. ACCEPTED,  Occupancyand Rent Report through 04/30/2024:  As of April 30, 2024, there weret two (3) vacant units. Total dwelling rent charged for the month of April was $51,642.00. Based oni financial data reported, thet totalrevenue collected was $51,193.00." There were at few questions and comments regarding the debts owed and the amounts recovered by NC Debt Setoff. The decision wasi made to update the 0& Rreport on1 the day oft the meeting to give the Board the most current Amotion to accept the Occupancy and Rent Report was made by Eddie Draughon and seconded by Sharon  information. Gant Ayes Kyle Thrower Eddie Draughon Sharon Gant  Ayes and Nays for both were as follows:  Nays  OCCUPANCY, AND RENT REPORT WAS READ AND ACCEPTED.  1    Review of Financial Balance Report: mentioned and there were no other comments.  The monthly financial reports for March and April were available for review. The months in reserve were An motion to accept the Financial Balance Reports was made by Eddie Draughon and seconded by Sharon  Gant. Ayes Kyle Thrower Eddie Draughon Sharon Gant  Ayes and Nays for both were as follows:  Nays  FINANCIAL BALANCE. REPORTS WERE READ AND ACCEPTED.  Business:  The Commissioners werei informed that the contract for the mechanical room project had been awarded to Board members were informed of the need to renew the current Admissions and Continued Occupancy Policy and Lease Agreement. The request was made for the members to review the documents and be The decision was made to remove outdated playground equipment to comply with safety regulations that govern the maintenance and upkeep. A decision has not been made on what will replace it.  Central Builders, but the start date for the project had not been decided.  prepared to make a motion at the. June meeting.  Communication:  Due to schedule conflicts with the Commissioner's training at the August meeting in 2023 and the Commissioner's meeting in April 2024, the Board was informed of another conference that would be held inc Cleveland, Ohio. One commissioner expressed interest. Another member expressed interest in the meeting in August 2024. Eddie Draughon stated that he would not attend the conference in August 2024. The. June meeting will be rescheduled. Initially, the meeting was planned for June 24, 2024. After realizing Felicia Chester would be away from the office during that time, another meeting date and time has been Sharon Gant gave the Board a brief summary of the first Resident Advisory Board meeting. Residents from each community were asked to attend. The R.A.B made several comments and suggestions about things that would enhance the livability of their neighborhood. One of the discussions included updating the signs at each entrance. Another included installing portable clothes dryers or updating GFICS that would Kyle Thrower informed the Board that the lawncare contractor proposed thei idea ofa aerating and reseeding the properties to get the grass to grow and enhance curb appeal. Will be discussed at al later date.  planned for. June 20, 2024, at 3:00pm instead of the regular 4:00pm meeting time.  accommodate clothes dryers.  2    Adjournment:  Amotion to adjourn wasi made by Eddie Draughon and seconded by Sharon Gant. All members were int favor  and the meeting was adjourned at 5:00pm.  Chchob Felicia Chester, Secretary  Kyle Thréwer,  Chair  BK  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: Prevent the disclosure of privileged information  [N.C.G.S. 143-318.11(a)(1)1  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) [N.C.G.S. 143-318.11(a)(3)1 Consult with the Attorney  Prevent the premature disclosure of an honorary award or scholarship  To protect the attorney-client privilege. administrative procedure, or judicial action.  To consider and give instructions concerning a potential or actual claim, To consider and give instructions concerning a judicial action titled  T  VS  [N.C.G.S. 143-318.17(a)4). area served by this body. [N.C.G.S. 143-318.11(a)(5)1  To discuss matters relating to the location or expansion of business in the  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 To establish or instruct the staff or agent concerning the negotiations of the amount of compensation or other terms of an employment contract. To consider the qualifications, competence, performance, condition of appointment of a public officer or employee or prospective public officer or To hear or investigate a complaint, charge, or grievance by or against a  located at (OR)  [N.C.G.S. 143-318.11(a)(6)1  employee. (OR)  public officer or employee. [N.C.G.S. 143-318.11(a)071 criminal conduct.  To plan, conduct, or hear reports concerning investigations of alleged School violence 143-318.11(a)8) and potential terrorist activity (9). To discuss and take action regarding plans to protect public safety.    CITY OF DUNN NORTH CAROLINA  18877  City Council Agenda Item  5  Meeting Date: July 23, 2024  CZ-06-24: Conditionally Rezone three parcels at North Powell Avenue, PINS 1507-92-4674.000; 1507-93-1325.000; & 1517- 03-0036.000, from R-20, Residential District to MXU CZD, Mixed-Use Conditional Zoning District with only specific uses Samantha Wullenwaber, Deputy Executive Director / Mid- Conditional Zoning Application, Staff Report with attachments, Public Notice, Master Plan, Master Plan Narrative, Proposed Conditions, Neighborhood Meeting June 4 and. June 11, 2024 (this item was formally continued    SUBJECTTITLE  permitted  RESENTEN/DEPARIMENT ATTACHMENTIS)  Carolina Regional Council  N A  Materials, etc.  PUBLIC HEARING PUBLISH DATES during the. June 25th CCI meeting and therefore did not  require re-noticing).  PURPOSE:  a) Public Hearing: This is ar request to rezone three (3) parcels located on North Powell Avenue with access to West Cumberland Street. PINS 1507-92-4674.000; 1507-93-1325.000; & 1517-03- 0036.000. Two (2) parcels are currently zoned R-20, Residential District and the other parcel is a mix of R-20, Residential District and C-2, Shopping Center District. The applicant is not proposing tomodify the existing C-2z zoning andi is only proposing tor rezone from R-20. The proposed rezoning isN MXU, Mixed-Use District Conditional Zoning District (CZD) to allow Residential Development (townhomes and single-family detached), Recreation Facilities (indoor and outdoor), and Utilities  a  (Class 1&2). b) Decision: BACKGROUND:  The total acreage of the three parcels is 48.5 +l- but only 42.8 will be rezoned. The land is currently undeveloped, though a natural gas pipeline runs through it. A portion of the land appears to have been cleared for agriculture. The Planning Board, at their regular meeting on June 4, heard presentations from staff and Applicant (Curry Engineering). The Planning Board voted 3 int favor and 2 opposed to tabling this conditional zoning request until a more detailed Master Plan can be presented. On July 2nd, the Planning Board heard the application again during their regularly scheduled meeting and reviewed the updated materials submitted by the applicant. The Planning Board voted unanimously to recommend approval with  the following conditions:  Recommended Conditions of Approval: 1. Uses shall be restricted as follows:  DUNN  Residential Uses: Dwelling, Single Family Attached (Townhome), Dwelling, Single-Family urAme ricacity  Detached, and Home Occupation.  Institution & Assembly: Recreation Facility (indoor) and Recreation Facility (outdoor)  1989 2013    CITY OF DUNN NORTH CAROLINA  18877  City Council Agenda Item  Transportation and Infrastructure: Utilities (Class 1) and Utilities (Class 2)  2. The maximum number of units shall not exceed 180 units. no maximum unit for single-family detached units. 4. Minimum usable/improved open space shall be 5 acres. 5. Minimum natural open space shall be 10 acres.  3. mixture The  E   of unit types shall vary, but there shall be no more than 1201 townhome units. There is  6. Minimum building Setbacks for Single-Family Attached (townhomes) shall be as follows:  Front = 20' Rear= 20' Corner= 15' Front= 20' Rear= 20' Side=7.5 Corner= 15'  Side= 0'/5' (minimum 10' building separation)  E  7. Minimum building setbacks for Single-Family Detached shall be as follows:  A - a  8. Minimum lot widths for Single-Family Attached (townhomes) shall be 201 feet. 9. Minimum lot widths for Single-Family Detached shall be 501 feet. they must contain at least a single car garage.  10. Single-Family Attached units shall bet front-loaded, or rear-loaded (via alley), however in any case, 11. The developer shall establish in the covenants that all trash and recycling containers provided by the City shall be kept inside the garage of all Single-Family Attached units or the developer shall provide enclosed trash corral with 100% opaque screening from view of any right-of-way. 12. The private, recorded legal documents governing the subdivision shall obligate the homeowner's association tor maintain the landscaping and lawn care on all lots containing single-family attached (townhome) units. All common areas and landscape buffers shall also be maintained by the HOA  per the City's UDO requirements. 13. Proposed architectural conditions shall include:  Anti-monotony: No unit shall be constructed with an exterior elevation or color palette that High visibility lot: Any side façade adjacent to a public ROW shall have decorative trim or shutters around all windows. High visibility lots shall be identified on the preliminary plat. Glazing: All homes shall have ai front door with %1 lite door, transom, or door sidelights. Garage Doors: All front-facing garage doors shall have windows, decorative details, or Roofline: Roofline shall be broken up horizontally and vertically along the front façade, such that no roofline is in a single mass. The roofline of townhome buildings will also  Y  isi identical to the unit on either side or directly across the street.  carriage style adornments.  incorporate a minimum roof overhang of 8i inches on end units. Façade Treatment: a minimum of three included per dwelling unit:  Minimum of 24" ofr masonry material (brick or stone) ath base along front façade and Variation in exterior materials such as brick, masonry, board and batten, horizontal Decorative trim, shake, cornice, horizontal trim, brackets, or air vents/windows on  surrounding entryway. ors shake siding. gables.  DUNN All-AmericaCity **  Decorative front dormers, shed roofs, or gables.  1989 2013    CITY OF L DUNN NORTH CAROLINA  BB  City Council Agenda Item  Decorative shutters, window trim, or window grids. Decorative trellis or shed roof over garage door. Variation in roof lines, direction, or materials. Shutters, window trim, or window grids.  Addition/variation of at front porch, covered entry, portico, or stoop.  The side elevation of a townhome that faces an existing or proposed right-of-way (excluding alleys) shall be consistent with the front façade and shall contain two (2) ofthe  following elements:  Windows with shutters. Addition of a gable, dormer, or shed roof. Two or more building materials.  -  Decorative trim, shake, cornice, horizontal trim, brackets or air vents/windows on Variation in siding material pattern for at least 20% of the wall area.  the gable. Matching window grids.  BUDGET IMPACT:  - 6  M  M  RECOMMENDED MOTION/ACTION REQUESTED OF COUNCIL  DUNN All-AmericaCity 1989 2013  Motion to approve, with recommended conditions, CZ-06-24 N Powell Avenue ***  Conditional Rezoning application.    CITY OF DUNN PLANNING ANDI INSPECTIONS 102NPowellAve: POBox1065: Dunn, North Carolina2 28335 020.5)-Cwt0-my STAFF REPORT  Application Number: CZ-06-24 Project Name: N Powell Avenue - Conditional  Rezoning  PIN#: Location: Applicant: Owner: Meeting Dates:  1507-92-4674, 1507-93-1325, and 1517-03-0036 Sorrell-Jackson, LLC and General Utility Company  North Powell Avenue Brickyard Management  Project Planner: Haley Hogg, AICP, CZO - Planning Director, Mid-Carolina Regional Council  Planning Board:. June 4, 2024 (tabled) and. July 2, 2024 City Council:. June 25, 2024 (tabled) and. July 23, 2024 Neighborhood Meeting: May 21, 2024 Letters Mailed: May 31, 2024 Property Posted: May 29, 2024  Public Noticing Dates:  Newspaper Ad Published: June 4, 2024 and. June 11, 2024  REQUEST: Applicant is requesting conditional rezoning of 3 parcels from R-20 Residential District to MXU CZD, Mixed Use Conditional. Zoning District. The applicant is proposing to include the following as permitted uses: single- family residential detached, single-family residential attached (townhome), recreation facilities (indoor and  outdoor), and utilities (class 1&2).  SITE DATA: Acreage:  48.5acres, with only 42.8 acres included in the rezoning request. Commercial District. The C-2 portion is not included in this  Existing Zoning: R-20, Residential District and C-2  request.  Existing Use: Vacant  Page. 1of5    ADJACENT ZONING AND LAND USES: Direction Zoning North Residential District (R-20) South Commercial District (C-20) West Residential District (R-20) East Light Industrial (I-10)  Existing Use Vacant/Undeveloped Commercial Vacant/Undeveloped Offices, Manufacturing, Self-Storage  1-10  R-20  Cityli limits  C-2  Ca(CZD) Ca  C-3  STAFF ANALYSIS AND COMMENTARY:  Overview:  The applicant is requesting Conditional Rezoning of3 3 parcels, to rezone from R-20 Residential District to MXU-CZ, Mixed Use Conditional District. Of the three parcels, a portion is currently zoned C-2 andi is not proposed to be rezoned as a part oft this application in order to preserve that area fort future non-residential development duet to its close proximity tot the existing shopping center tot the south. The applicant is proposing to limit the uses of the parcels included in this rezoning request to those outlined above and referenced in the application.  Housing:  The applicant is proposing a mixture of single-family detached and townhome units throughout the development. The applicant is limiting the number of residential units to 180, with no more than 1201 townhomes. The applicant has included specific architectural standards int their proposed conditions of approval. North Carolina does not allow local governments to dictate the material/architectural elements of single-family housing. However, applicants may propose their own conditions pertaining to architectural elements and agree tot them as the  applicant of this project has done (see attachments).  Access/Roadways:  The applicant is proposing two entrances off N Powell Avenue, as well as a stub-street (Street D) to the North. The access along N Powell Avenue will be reviewed by NCDOT and the applicant willl be required to obtain all necessary permitting. The stub-out tot the North is encouraged by the UDO, as it allows fort future connectivity if the adjacent parcel is developed in thet future. All internal streets willl bet further evaluated at future preliminary plat submittal.  The applicant will also submit a TIA in thei future during the preliminary plat review.  Page 2of5    Utilities: preliminary plat. Buffering: plat.  The applicant is proposing to utilize City water and sewer. A Wastewater Allocation will be required during the  The applicant has included in the Master Plan package al buffering detail sheet. This identifies the required landscape buffers along all project boundaries and what is proposed. This willl bet further reviewed at preliminary  Recreationa/Amenties:  There is an amenity area identified on the master plan, along NI Powell Avenue, which is where aj proposed amenity center would be located. The applicant has also identified severala amenity/open space areas throughout the site, including a 6' mulch trail that goes along the existing pipeline easement that runs through the parcels. Final approval of the mulch trail location willl be subject to permitting from the utility agency for the existing pipeline, and is therefore preliminary at this time. The applicant has outlined int the conditions and master plan narrative  (see attached) potential elements to be included in the amenity areas.  Environmental:  The parcels drain to at tributary of the Black River, located in the Cape Fear River Basin, and includes three jurisdictional wetlands on the project site. The applicant worked with S&EC to delineate these wetlands. The applicant is proposing a crossing, and willl be required to obtain all necessary permitting from NCDEQ and US Army  Corps of Engineers (USACE). Next Steps:  The Conditional Rezoning and Master Plan are reviewed primarily to evaluate the proposed use and intensity oft the uses proposed. The Master Plan is valuable for review, but is preliminary in nature and is subject to change as the applicant further works in the design/engineering phase of the project. If approved, the applicant will be required to obtain a Special Use Permit for the use oft the Townhomes on the subject property. Additionally, the applicant willl be required to submit al Preliminary Plat for review and final approval. The preliminary plat will show the detailed site design and layout. ATIAI is required, per UDO, during Preliminary Plat review.  CONSISTENCY WITH ADOPTED PLANS & POLICIES:  The proposed request is compliant with the UDO. The applicant has provided al Master Plani that exceeds the minimum requirements of the ordinance. Additionally, the proposed conditional rezoning is consistent with the City's adopted Comprehensive Plan. The Future Land Use Map specifies these parcels primarily as Medium Density Residential, with a portion designated as Highway Commercial. The proposed MXU CZ designation requested in this application is consistent with the designation of the parcels ont the Future Land Use Map. The applicant is not proposing commercial, but is proposing to retain the existing C-2 zoning designation on the portion of the parcel that falls within the FLUM's Highway Commercial designation. The residential proposal is consistent with that of Medium Density Residential, and offers an ideal transition from commercial to residential. The proposed request is also consistent with Policy 1.2 of the Comprehensive Plan: "Support residential development at varying densities based on the Future Land Use Map, associated character area descriptions; and other relevant plans". In addition to the Comprehensive Plan and UDO, the proposed rezoning is consistent with the Imagine Dunn Strategic Vision Plan. Specifically, Quality of Life Strategy QL1: "Expand market-rate residential product by recruiting developers  that will build new housing products".  Page 3of5    421  Coles St  Reasonableness & Consistency Evaluation:  Staff has determined that the proposed rezoning is reasonable and consistent with the plans and policies of the  Town, as outlined below. Yes  No The amendment, if small scale, is reasonable based upon surrounding conditions. Rezoning these three parcels will allow moderate density housing in an area adjacent toa sizeable shopping center with numerous amenities. Across Powell, there are light industrial uses and office buildings. Based on surrounding conditions, this rezoning to allow a blend of single-family detached units, townhomes, and recreational amenities is reasonable. No The impact to the adjacent property owners and the surrounding community is reasonable, and thel benefits ofrezoning outweigh any potentalinconvenience or harm to the community. The applicant has taken into consideration potential impacts on adjacent property owners and the surrounding community, as evidenced by the proposed buffer areas included on the Master Plan. The applicant will be required to provide detailed buffers in compliance with the UDOat  REASONING:  Yes  REASONING:  the time of preliminary plat submittal.  Yes  No The amendment is warranted due to changed or changing conditions in the area.  REASONING:  The amendment is warranted because of the recognized need for new housing and different housing types that Imagine Dunn encourages. This rezoning will create new housing options for the City, which willl helpi increase Dunn's population and stimulate further business  development.  Page 4 of5    Yes  No The amendment achieves the purpose andi is consistent with the Land Use Plan.  REASONING:  The Future Land Use Mapi identifies this site as al Medium Density Residential Character. Area. Rezoning tol MXU CZD zoning will align the anticipated development oft townhomes and: single- family detached withi the Future Land Use Map. This amendment achieves the purpose andi is consistent with the Future Land Use Map and the Future Land Use Plan General Land Use Policy 1.2: "Support residential development at varying densities based on the Future Land Use Map, associated character: area descriptions, and other relevant plans." The amendment would also support the Imagine Dunn Strategic Vision Plan Quality ofLife Strategy, QL1: "Expand market-rate residential product by recruiting developers that willl build new housing product."  RECOMMENDED CONDITIONS OF APPROVAL:  The applicant has proposed al list of conditions of approval to be placed on the application. Staff has reviewed and is in agreement with the conditions tot further ensure a quality product for the City. Ift the Council would like to approve the application with these conditions, the Council musti include reference to themi ini their motion. The  proposed conditions are included as an attachment toi the staff report.  Attachments: 1. Staff Report Maps 2. Application 3. Master Plan Narrative 4. Master Plan 5. Proposed Conditions of Approval 6. Newspaper Ad 7. Adjacent Property Letter 8. Neighborhood Meeting Materials  Page 5of5    POWELL-AVE  6  9    3  8    DEO3O  boof B  EATEMOGNI   I /  3    y  AmEIo3R  Dooo!  EAVTEMOANE  bo E    in  dRd wlarkRd  E 3 3 e  Rowell Ave  Tilghman Dr    CITY OF  DUNN PLANNING AND INSPECTIONS 0910)230-3505-ChyofDumn.ore  1887  102 N Powell Ave . PO Box 1065 - Dunn, North Carolina 28335 Conditional Zoning District Application  Checklist  This checklist indicates the minimum required for this permit application to be considered complete. Please initiale each  itemi int thej following checklist. Write N/Aj fori items that are not applicable.  Applicant Initials AP AP AP AP AP AP  Staff Initials  Required component of complete application  Applicant has met with City staff for a pre-submittal conference. Conditional: Zoning Application is filled out completely. Owner's name and contact information is included. This must include: a person's name and contact info ift the owner is a corporation, LLC, etc. Applicant's name and contact information is included Original signatures are notarized. Copies not accepted. Ihave read and understand the entire application.  AP A: site plan is included with the application.  lunderstand that no application will be held that is considered incomplete. Iffound to be incomplete it willl be returged ten mor make the corrections before it will be reviewed or  considered.. A complete and Applicant Signature: Print Name:  finedi in this Conditional. Zoning District. Application is ofmy knowledge and ability.  5/10/2024  Date:  Andrew Petty  Staff Review  Approved Staff Signature: Comments:  Denied  Date:  1    CITY OF  DUNN PLANNING AND INSPECTIONS 0910)230-3505-ChyofDunn.ore  1887  102 N Powell Ave . PO Box 1065 - Dunn, North Carolina 28335  Conditional Zoning District Application  Please print clearly.  OWNERSHIP APPLICATION  Brickyard Management / Donald Lee Curry, Jr.  Applicant: Phone number:  919-552-0849  donecurryeng.com  Email: Developer  Applicant's legal interest inj property:. Applicant's Address: Property owner: Owner's Address:  205 S. Fuquay Ave. (Street)  Fuquay-Varina, NC 27526 (City, State, Zip Code)  General Utility Company 27-107 Annette Drive (Street)  Benson, NC 28334 (City, State, Zip Code) Email: medaetuigmananctco.com  Phone number: 919-934-1900 Date property acquired: 10/14/1971 Size (square feet or acres): 18.01 ac  Deed reference: Book: 563 Street frontage (feet): 210'  Page: 0120  PIN#  1507-93-1325.000  Location / Address: N. Powell Ave., Dunn, NC 28334 (non addressed parcel) Property is located south of the intersection of Powell Ave. and Ashe Ave.  Attach al legal description in metes and bounds of  use zoning.  Andrew Petty Print Name  Signature  AbK  2    CITY OF  DUNN PLANNING AND INSPECTIONS 0910)230-3505-CityofDumn.ore  1887  102 N Powell Ave - PO Box 1065 - Dunn, North Carolina 28335  CONDITIONAL ZONING REQUEST A. EXISTINGZONING:  R-20  REQUESTED CONDITIONAL ZONING DISTRICT: Mixed Use District (MXU), Cond. Use  B. LAND USES  Vacant, Agriculture Residential  1. Existing Land Uses: 2. Uses Requested:  Number of parking spaces provided: Driveway/Rightofway, access:  Yes  3. Existing land uses on all adjoining properties.  North:, South: East: West:  Vacant, Agriculture Vacant  Commercial, Industrial Vacant  3    CITY OF  DUNN PLANNING AND INSPECTIONS 0910)230-3505-CiyofDumn.ore  1887  102 N Powell Ave PO Box 1065 - Dunn, North Carolina 28335  S STATEMENTS OF. JUSTIFICATION Attach a statement, justifying the following:  (1) The use(s) requested is (are) listed among the conditional uses in the district for which  the application is made.  (2) The requested use is essential or desirable to the public convenience or welfare. (3) The requested use will not impair the integrity or character of the surrounding or adjoining districts, nor be detrimental to health, morals, or welfare. (4) The requested use will be in conformity with the land development plan.  (5) Adequate utilities, access roads, drainage, sanitation, and other necessary facilities  have been or are being provided.  Please see attached letter  4    CITY OF  DUNN PLANNING AND INSPECTIONS (910) 230.3505-Chyp-D-mewe  1887  102 N Powell Ave PO Box 1065 - Dunn, North Carolina 28335  OWNER'S CERTIFICATION I(We) do hereby certify that:  lam (We are) the owner(s) or authorized agent of the property described in this application for conditional zoning permit and have attached copies of deed, title reports, or other documents as proof of ownership. I(We)! have read the conditional use procedures and requirements and have truthfully completed this (We) understand that thei filing fees are non-refundable; the process to review conditional zoning cases includes public hearing and review byt the Planning Board and the City Council. (We) understand any action to approve our request is att the discretion of the Planning Board and the City Council and additional  application for a conditional zoning permit.  requirements may be imposed as determined necessary  Andrew S Petty Print name on behalf of General Utilities (see attached letter) Printi name Print name  51424 Date Date Date  dE  Signature Signature dayo of MAV  Sworn to and subscribed before me this  lon  2A  My Commission Expires  Form Revised: February: 2024  PUBLIC / COUNR  7  e    GENERAL UTILITY COMPANY, INC.  27-107. Annette Drive Benson, North Carolina 27504 T(919) 934-1900 F(919) 934-0081 madaflighmanendsoson  May 8, 2024  To: City of Dunn Planning & Zoning Department Attention: Mr. George Adler, Planning Director  Dear Mr. Adler,  General Utility Company is the owner of two parcels located on N. Powell. Av- enue (PIN 1507-93-1325 and PIN 1517-03-0036) and as the owner, hereby gives permission to Brickyard Management, LLC, to submit rezoning applications, prelimi- nary plat applications, construction drawing applications and related land develop- ment permits associated with these properties. Should you have any questions for us as owner or need to contact us, please feel free to do sO at the contact informa-  tion above.  Trulyyours,  Matillane Meda T. Williams  President, General Utility Co., Inc.    LIMITED LIABILITY COMPANY ANNUAL REPORT  1/6/2022  NAME OF LIMITED LIABILITY COMPANY: Brickyard Management, LLC  Fling Office Usec Only E-Filed Annual Report 2574362 CA202406103902 3/1/2024 04:33 Changes  SECRETARY OF STATE IDI NUMBER: 2574362 REPORT FOR THE CALENDAR YEAR: 2024 SECTION A: REGISTERED AGENT'S INFORMATION  STATE OF FORMATION: NC  1. NAME OF REGISTERED AGENT: Curry, Donald Lee, Jr 2. SIGNATURE OF THEI NEW REGISTERED AGENT:  SIGNATURE CONSTITUTES CONSENT TO1 THE APPOINTMENT  3. REGISTERED AGENT OFFICE STREET ADDRESS & COUNTY 4.REGISTERED. AGENT OFFICE MAILING. ADDRESS  205SFuquay Ave  205SFuquay Ave Fuquay' Varina, NC 27526-2212  Fuquay Varina, NC 27526-2212 Wake County SECTION B: PRINCIPAL OFFICE INFORMATION  1. DESCRIPTION OF NATURE OF BUSINESS: Property management and development  2. PRINCIPAL OFFICE PHONE NUMBER: (919)552-0849 3.PRINCIPAL OFFICE EMAIL: Privacy Redaction  4. PRINCIPAL OFFICE STREET ADDRESS 205SFuquay Ave Fuquay Varina, NC: 27526-2212  5. PRINCIPAL OFFICE MAILING. ADDRESS 205SFuquay Ave Fuquay Varina, NC 27526-2212  6. Select one of the following if applicable. (Optional see instructions)  The company is a veteran-owned: small business  The company is a service-disabled veteran-owned: small business  SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.)  NAME: Donald Lee Curry, Jr. TITLE: Managing Member ADDRESS: 205 South Fuquay Avenue Fuquay-Varina, NC: 27526-2212 Donald Lee Curry. Jr. Donald Lee Curry Jr.  NAME: Andrew Scott Petty TITLE: Managing Member ADDRESS: 205 South Fuquay Avenue Fuquay-Varina, NC: 27526-2212  NAME: Zachary Angle TITLE: Managing Member ADDRESS: 205 South Fuquay Ave. Fuquay-Varina, NC: 27526  SECTION D: CERTIFICATION OF ANNUAL REPORT, Section DI must be completed in its entirety by a person/business entity.  3/1/2024  SIGNATURE  DATE  Form must bes signed! bya Company Official listed under: Section Cofl Thisf form. This Annual Report has been filed electronically.  Managing Member  Printo or Typel Name of Company Official  Printor Type Title of Company Official  MAIL TO: Secretary of State, Business Registration Division, Post Office! Box 29525, Raleigh, NC2 27626-0525    ITY OF  E DUNN  1887  PLANNING AND INSPECTIONS 0300:Cyont  102 N Powell. Ave - PO Box1065 - Dunn. North Carolina 28335  conditional Zoning District Application  Please print clearly.  OWNERSHIP APPLICATION  Brickyard Management. t/ Donald Lee Curry,Jr.  Applicant: Phone number:  919-552-0849  Email: donecurryeng.com  Applicant's legal interest in property:. Applicant's Address:  Developer  205S. Fuquay Ave. (Street)  Fuquay-Varina, NC: 27526 (City, State, Zip Code)  Property owner:, Sorrell-Jackson, LLC  1507 Arendell St., C/O Hope Lupton Morehead  NC: 28557 City,  Owner's Address:  (Street)  (City, State, Zip Code) Email: mluptoneec.rr.com Deed reference: Book: 2456 Street frontage (feet): 1,100'  Phone number: 252-342-4064 Date property acquired: 12/12/2007 Size (square feet or acres): 30.45ac  Page:. 0076  PIN#  1507-92-4674.000  Location/Address: W. Cumberland St., Dunn, NC: 28334 (non addressed parcel) Property is located behind the existing shopping center on US421  Attach al legal description in metes and bounds oft the area requested for conditional use zoning.  VHehph  Print Name  Agelypre Mankayfnaahyn  Signaturé  2    ITY OF  E T DUNN  1887  PLANNING AND ISPECTIONS (910) 203505-ClyatD.mat Split Zoning: C-2and R-20  102 N Powell Ave. PO Box 1065 - Dunn. North Carclina 28335  CONDITIONAL ZONING REQUEST A. EXISTING ZONING:  REQUESTED CONDITIONAL ZONING DISTRICT: Mixed Use District (MXU), Cond. Use C-2zoning portion to remain unchanged. Only R-20 portion is proposed for rezoning.  B. LAND USES  Vacant, Agriculture Residential  1. Existing Land Uses: 2. Uses Requested:  Number of parking spaces provided: Diveway/Rghtofway, access:,  Yes  3. Existing land uses on all adjoining properties.  North: South: East:. West:  Vacant, Agriculture Commercial  Commercial, Industrial, Vacant  Vacant  3    TY. OF  E DUNN  1887  PLANNING AND INSPECTIONS 0a0saCyb.7  102 N Powell Ave . PO Box 1065 - Dunn, North Carclina 28335  STATEMENTS OF. JUSTIFICATION  Attach a statement, justifying the following: Please see attached letter. (1) The use(s) requested is (are) listed among the conditional uses int the district for which  the application is made.  (2) The requested use is essential or desirable to the public convenience or welfare. (3) The requested use will noti impair thei integrity or character oft the surrounding or adjoining districts, nor be detrimental to health, morals, or welfare. (4) The requested use will bei in conformity withi the land development plan.  (5) Adequate utilities, access roads, drainage, sanitation, and other necessary facilities  have been or are being provided.  4    TY OF  n DUNN  1887  PLANNING AND INSPECTIONS 0300:Cypuny  102 N Powell Ave PO Box1065 - Dunn. North Carelina 28335  OWNER'S CERTIFICATION I(We) dol hereby certify that:  lam (We are) the owner(s) or authorized: agent of the property described int this application for conditional zoning permit and have attached copies of deed, titler reports, or other documents as proof of ownership. (We) have read the conditional use procedures and requirements and have truthfully completed this I(We) understand that thet filingf fees are non-refundable; the process to review conditional zoning cases includes public hearing andr review byt the Planning Board andt the City Council. - (We) understand any action to approve our requesti is at the discretion of the Planning Board and the City Council anda additional  application for a conditional zoning permit.  requirements may be imposed as determined necessary.  r name Printr name Print name  V Ha hupl Signature Signature Signature  45/Ah4 Date Date Date  AARaanga  HpuLf  Sworn to and subscribed before me this Chh dayof Mau 204  JESSICA S MILLIGROCK Notary Public Craven Co., North Carolina My Commission Expires May 2, 2028  Whre  My Commission Expires. Mn a 0008  Form Revised: February 2024  7    CONDITIONAL ZONING APPLICATION Petitioner: Brickyard Management, LLC Property: N. Powell Ave. Assemblage STATEMENTSOF. JUSTIFICATION  STATEMENT1: The use requested is listed among the conditional uses in the districtfor The proposed use of single family attached and detached residential lots complies with the allowable principal permitted uses listed in the City Code, Article 4, Section 4.03 Establishment STATEMENT; 2: The requested use is essential or desirable to the public convenience or The proposed use of single family attached and detached residential lots provides ar necessary inventory for home builders to provide attractive, economically affordable homes to the City of Dunn. Providing new home construction generates interest int the City, provides additional tax STATEMENT 3: The requested use will not impair the integrity or character of the surrounding or adjoining districts, nor be detrimental to the health, morals, or welfare. The requested use as single family homes will not impair the integrity or character of these surrounding properties nor will they! be a detriment to health, morals or welfare. The requested use is the first step toward revitalizing an area that is in need of growth and development. The properties in question have long been vacant. The proposed use for the Propertyappropriately preserves existing environmentaly sensitive areas and utilizes existing utility infrastructure. Furthermore, the proposed development is expected to increase adjacent property values due to STATEMENT 4: The requested use will be in conformity with the land development plan. The requested use is in compliance and conformity with the land use plan. According to the City of Dunn's Land Use Plan adopted on December 13, 2022, the property is identified as "medium density residential" which is consistent with the proposed housing type proposed int this rezoning. The proposed use specifically: addresses Policy 6 in the Land Use Plan which states: "Encourage a range of housing types based ont the availability of infrastructure, proximity to services and amenities, and compatibility with existing development as described in the Future Land Use map." This proposed rezoning also allows for compliance with Policy 6.1 which  which the application is made. STATEMENT BY PETITIONER:  of Zoning Districts and Article 5, Section 5.06 Table of Permitted Uses.  welfare.  STATEMENT BY PETITIONER:  revenue and consumers to: support local, small businesses.  STATEMENT BY PETITIONER:  new construction and price point relative to the existing properties.  STATEMENT BY PETITIONER:  encourages a mix of lot sizes and/or housing types.    STATEMENT 5: Adequate utilities, access roads, drainage, sanitation, and other Existing infrastructure including water, sewer, natural gas, and roadway access is in place to allow for the development of this property based on the proposed use. The development will extend this infrastructure to: serve the development and surrounding properties.  necessary facilities have been or are being provided.  STATEMENT BY PETITIONER:    Prepared for:  BRICKYARD MANAGEMENT, LLC  205 S. Fuquay Ave. Fuquay-Varina, NC 27526  MASTER PLAN DESIGN  DOCUMENT  Powell Residential  Master Plan Rezoning - Residential  City of Dunn, North Carolina First Submittal: June 21, 2024  ENGINEERING  Curry  Prepared by: Don Curry, PE The Curry Engineering Group, PLLC 205 S. Fuquay Avenue Fuquay-Varina, NC 27526 (919)552-0849    Curry  ENGINEERINGI  TABLE OF CONTENTS  Page 2 3 4 5 5 6 7 12 13 13 13 13 14 14  1.0 Table of Contents 2.0 Vicinity Map.. 3.0 Project Data. 4.0 Vision Statement.  5.0 Statement of Consistency: Community Vision Land Use Plan. 6.0 Statement of Consistency: Land Development Ordinance  7.0 Design Guidelines 8.0 Architectural Standards 9.0 Parking and Loading 10.0 Signs..  11.0 Natural Resources and Environment Data. 12.0 Stormwater Management. 13.0 Public Facilities 14.0 Neighborhood Meeting.  [9191552-0849 (919)552-2043  205 S. Fuquay Avenue Fuquay-Varina, NC: 27526  PARY EST.  -  10 CAROLN    2.0 Vicinity Map  PowelResidensar  Figure 1- Vicinity Map - Courtesy of Harnett County GIS2024  3    3.0 Project Data 3.1 Project Name:  Powell Residential ON. Powell Ave. ON. Powell Ave. Dunn, NC 28334 1507-92-4674 (portion of) 1507-93-1325 1517-03-0036 205S. Fuquay Ave. Fuquay-Varina, NC 27526 (919)552-0849 The Curry Engineering Group, PLLC 205 S Fuquay Avenue Fuquay-Varina, NC2 27526 (919)552-0849  3.2 Project Addresses: O0W. Cumberland St. (portionof)  3.3 Project PINS:  3.4 Applicant/Developer: Brickyard Management, LLC  3.5 Prepared By:  3.6 Designated Single Point of Contact:  Andrew Petty, PE  The Curry Engineering Group, PLLC  3.7 Current and Proposed Zoning of the Property:  Current Zoning:  R-20  Proposed Zoning: Mixed Use District (MXU) - Conditional Use  3.8 Current and Proposed Land Uses:  Current Land Use: Vacant Dunn Future Land Use Plan Designation:  Medium Density Residential  4    4.0 Vision Statement  Powell Residential is a proposed mixed density residential project to be developed under the City of Dunn's ordinance as al Master Planned Development. The project contains all or a portion of three parcels under contract by Brickyard Management, LLC. The project is located at thei intersection of W. Cumberland St. (US 421) and N. Powell Avenue with access off W. The proposal to rezone this property to a mixed residential Master Planned Development is in keeping with the City's objectives to create high quality developments that provide amenities to make Dunn a desirable place to live, work and play. This development will be a pedestrian friendly community with sidewalks along both sides of the internal public streets and plenty of open space areas: scattered about the 42.36 acres. The project will provide a variety of housing options that will allow residents to' "grow" in the neighborhood: and promote the City's vision of The project willl have several amenities to include outdoor games, walking trails, open fields, playgrounds, and a community gathering space. This development will enhance the value of the surrounding properties by providing quality residential development for the areas as a  Cumberland St. via a private drive.  having multiple housing types in one community.  mixed residential development.  5.0 Statement of Consistency: Dunn Land Use Plan  The City of Dunn spent considerable resources to develop a complete Land Use Plan in 2022 that would be the guiding document for developments in the City for years to come. The principles of this document revolve around creating high quality, pedestrian friendly, intensely magnetized developments to create an atmosphere that is highly desired and sought after Powell Residential has considered all these principles when designing this development. Consideration has been given to providing a mixture of residential development types throughout the community to enhance the feel of a residential mixed density subdivision. This mixture of units helps create an attractive residential transition from' W. Cumberland St. (US 421), a major thoroughfare int the City with dense commercial development, toi the medium density single family developments of the Gleneagles neighborhood and surrounding residences. To accomplish this, Powell Residential proposes a mixture of single-family attached units or townhomes, along with single-family detached units. This mixed density helps achieve one of the City's goals to avoid developments that impair the integrity or character of surrounding or adjoining districts. Ont the contrary, this development enhances This proposal also meets the Land Use Plan's goal stated in Policy 6, which states, "Encourage a range of housing types based ont the availability of infrastructure, proximity to services and amenities, and compatibility with existing development as described in the Future Land Use map." The proposed rezoning also allows for compliance with Policy 6.1 which encourages a  based on well planned growth.  the area and revitalizes properties that have long been vacant.  mix of lot sizes and/or housing types.  5    This development accomplishes these goals, in part, by utilizing existing utility and roadway infrastructure. Adjacent utilities include water, sanitary sewer, and gas, with no need for off- site main extensions to serve the property. Roadway infrastructure likewise is sufficient to serve the development with W. Cumberland St. and N. Powell Ave. abutting the property. Considerable growth is anticipated in Dunn's future and this development provides opportunities for homeowners to remain in the neighborhood as their needs change. Many homeowners transition from single-family attached or townhomes to single-family detached and Powell Residential allows homeowners to dot this within a single neighborhood. Thoughtful consideration was given to provide usable, open space areas throughout the development. Perimeter buffers are provided along neighboring tracts to provide vegetated transitional yards and a street connection network allows for flexible development options in thei future. This development provides a robust street network including connections to commercial to the: south and the addition of a street stub to the north, perhaps ultimately connecting to Ashe Avenue in a future development; providing alternative routes for public Powell Residential will complement the surrounding developments with its walkability, amenities, and varied product types as well as set the stage for future developments that rely on rooftops to entice investing in businesses in the: surrounding areas. We believe this development will become ai favorite of the City and will be used as at trend setter for future  safety and transportation.  developments.  6.0 Statement of Consistency: Land Development Ordinance  Powell Residential will comply with the development standards outlined in the City of Dunn's Land Development Ordinance as well as the City's standards and specifications for the design and construction oft the project. Section 7.01 below summarizes the design guidelines and  intent of this development.  6    7.0 Design Guidelines 7.1 Land Uses  The City of Dunn UDO allows a mixture of uses int the MXU zoning district and the Owners have  chosen to further restrict the allowable uses as listed below: Residential Uses Dwelling - Single Family Attached (Townhome) Dwelling Single Family Detached Home Occupation  Institution & Assembly (accommodates neighborhood amenity)  Recreation Facility (Indoor) Recreation Facility (Outdoor) Utilities (Class 1) Utilities (Class 2) 7.1 Maximum Densities  Transportation & Infrastructure accommodates gas main on site)  Maximum residential density for the project shall be limited to 180 units, which results in a density similar to R-10. The total gross acreage for the property is 42.36.  7.2 Proposed Minimum Building Setbacks & Lot Widths  Minimum building setbacks & lot widths for Single-Family Attached  Front = 20' Rear = 20' Corner = 15'  Side = 0'/5' (minimum 10' building separation) Minimum lot widths shall be 20 feet  Minimum building setbacks & lot widths for Single-Family Detached  Front = 20' Rear = 20' Side= 7.5' Corner = 15'  Minimum lot width shall be! 501 feet  7    7.4 Street Network  Powell Residential will utilize a public roadway system that willl be maintained by the City of Dunn. Proposed street types include Dunn's Residential Street" section which consists ofa 50' right-of-way width. This street will be utilized throughout the neighborhood and all homes Single-family attached units may incorporate an alley (rear-loaded), in which case they will All streets shall be consistent with the City of Dunn's standards and specifications for roadway  will front the public right-of-way. follow the City's alley standards.  standards.  7.5 Open Space Summary  Per the City of Dunn's UDO, Powell Residential is required top provide a minimum of 10% oft the gross project acreage as dedicated open space. Powell Residential exceeds the minimum open space requirements as outlined in the summary below. See section 7.8 for additional  information on open space components.  Usable Open Space Required = 5% (2.11a ac) Provided = 11.8% (5 ac) Natural Open Space Required = 5% (2.11 ac) Provided = 23.6% (10 ac) 7.6 Tree Preservation  As outlined in 7.5 above, Powell Residential is committed to a significant amount of natural open space, the majority of which is preserved ini its undisturbed state. The proposed development will take care to minimize wetland impacts on the property and will retain the vast majority of vegetation in natural open space areas, thereby preserving existing buffers and  natural habitats. 7.7 Perimeter Buffers  The master plans show buffers around the site to provide visual breaks between neighboring uses and adjacent public roads, as stipulated int the City's UDO. Minimally, Powell Residential will provide 20' Type AI buffers along all abutting commercial uses and a 20' Type B buffers along abutting residential uses. Street tree buffers will be provided along N. Powell Avenue To provide added protection with neighboring parcels while also providing attractive buffers, Powell Residential will install buffers that will provide a mixture ofe evergreen and deciduous trees and shrubs in all buffers with a minimum quantity of both, however there shall be at  and street trees will be provided along lot frontages with public streets.  8    least 50% evergreen plants in the perimeter buffers. All plant material will be per the City's No buffer will be provided in utility or storm drainage easements. Utility easements may cross buffers without plantings within. Utility easements that run parallel with parent property lines Existing vegetation willl be utilized towards any buffer requirements. Any disturbed areas ofa a buffer area shall be replanted to meet the standards of the respective types of buffer in full  approved planting list.  shall have buffers installed beside the easement.  compliance with the City's UDO. 7.8 Enhanced Landscaping & Open Space  Open space areas within the Randall Farm community shall be developed to provide both a visual and functional approach to useable areas. The open space areas have been enhanced with additional landscaping, pedestrian style lighting, outdoor commercial games and outdoor seating areas. The goal for this development is to make the open space areas extensions of back yards that are open to the community to be used for gathering areas. These areas are designed and placed throughout the community to provide an inviting space that promotes fellowship and an active lifestyle. Below is a list of sample open space amenities that Powell  Residential will provide in the usable open space areas.  Usable Open Space Area #1 Playground with IPEMA certified equipment Dog waste stations Benches and/or picnic tables Walking trail Usable Open Space Area #2  Outdoor, commercial grade games (i.e. foosball table, corn hole or table tennis). OR  Outdoor exercise equipment Outdoor library book box Dog waste stations Usable Open Space Area #3 Dog waste stations Walking trail  Community gathering space/communityl ybuilding  Small enclosed dog park for residents only.  9    Examples oft the type of active open space areas are as follows:  Neighborhood Playground  Outdoor Games  Outdoor Games  SATION  Outdoor Gathering Areas  Pet Waste Station  10    Community Dog Park  7.9 Additional Committed Elements  Powell Residential is committed to providing a development that the City of Dunn canuseasa template for success. As such, the following is a committed condition to ensure the  neighborhood is a successful, well maintained community.  1. Developer shall establish in the covenants that all trash and recycling containers provided by the City shall be kepti inside the garage of all single-family attached units OR developer to provide enclosed trash corral with 100% opaque screening from view of any right of 2. The private, recorded legal documents governing the subdivision shall obligate the homeowner's association to maintain the landscaping and lawn care on all lots containing single-family attached (townhome) units. All common areas and landscape buffers shall  way.  also be maintained by the HOA per the City's UDO requirements.  7.10 Design Flexibility Elements  The goal of Powell Residential is to comply with intent of all items within the City's UDO. Section 3.10.C.2 of the UDO allows for design flexibility within a master plan, however, the proposed layout still must comply with the UDO and submitted rezoning conditions. Elements that could vary from the submitted master plan include precise shape of open space, specific open space components and amenities, and split between single-family attached and detached  units.  11    8.0 Architectural Standards  Powell Residential offers the following architectural commitments as part of this master plan and rezoning. These commitments apply to all residential dwellings unless noted specifically 1. Anti-monotony: No unit shall be constructed with an exterior elevation or color palette that 2. High visibility lot: Any side façade adjacent to a public ROW shall have decorative trim or shutters around all windows. High visibility lots shall bei identified on the Preliminary Plat. 3. Glazing: AIl homes shall have a front door with a 44 lite door, transom, or door sidelights. 4. Garage Doors: All front-facing garage doors shall have windows, decorative details or 5. Roofline: Roofline shall be broken up horizontally: and vertically along the front façade, such that no roofline is in a single mass. The roofline of townhome buildings will also a. Minimum of 24" of masonry material (brick or stone) at base along front façade and b. Variation in exterior materials such as brick, masonry, board and batten, horizontal or d. Decorative trim, shake, cornice, horizontal trim, brackets or air vents/windows on  to apply to single-family detached or attached units.  is identical to the unit on either side or directly across the street.  carriage style adornments.  incorporate a minimum roof overhang of 8 inches on end units. . Façade Treatment- - a minimum of three included per dwelling unit:  surrounding entryway. shake siding. gables.  Decorative front dormers, shed roofs, or gables. e. Decorative shutters, window trim, or window grids. Decorative trellis or shed roof over garage door. g. Variation in roof lines, direction, or materials. Shutters, window trim or window grids.  h. Addition/variation of a front porch, covered entry, portico, or stoop.  7. The side elevation of at townhome that faces an existing or proposed right-of-way (excluding alleys) shall be consistent with the front façade and shall include two (2) of the  following elements: a. Windows with shutters. b. Addition of a gable, dormer or shed roof. Two or more building materials.  d. Decorative trim, shake, cornice, horizontal trim, brackets or air vents/windows on the e. Variation in siding material pattern for at least 20 percent of the wall area.  gable.  Matching window grids.  12    9.0 Parking and Loading  Parking and loading requirements for the residential areas shall conform to the parking standards listed in the City of Dunn UDO Article 3.05. Parking for single-family attached and detached will provide parking on each individual loti in the driveways and garages. Single- family attached units are committed toj providing at least a single-car garage. Additional guest parking spaces are providedt throughout the community: along the streets in the form of  parallel spaces. 10.0 Signs  Signage for this project will comply with City of Dunn UDO Article 6.11. A: separate sign permit will be required prior to any erection or construction of a sign outside of parking and traffic  signs.  11.0 Natural Resource and Environmental Data  This project drains to at tributary of Black River which is located in the Cape Fear River Basin. Per environmental investigation conducted by S&EC, there are three areas ofj jurisdictional wetlands on the project site. While as short crossing of the wetlands will be required for access, the intent of this project is to preserve these environmental features to the maximum extent practicable. All permitting will be accomplished through NCDEQ and USACE, as appropriate.  12.0 Stormwater Management  Powell Residential will meet all applicable requirements and standards as described in Article 80 of the Dunn UDO. This project will meet all stormwater quality treatment and quantity reductioni requirements including limiting the post-development stormwater flows tor not exceed the pre-development stormwater runoff rate for the 10 year storm event. The project will use approved devices to control the: stormwater sediment runoff. These devices may include wet detention basins, constructed wetlands, bioretention areas, surface sand filters or any other approved stormwater control measure. Stormwater control devices shall be landscaped and constructed to be an amenity to the development and shall blend into  the surroundings such that they are not an eyesore for the community.  13    13.0 Public Facilities  All internal public streets will have sidewalks on both sides of the street. The development will comply with any required roadway improvements along N. Powell Avenue, althoughi it appears that this will be limited to NCDOT-required turn lanes. These improvements will be  coordinated with the City of Dunn and NCDOT.  This project will commit to providing a Traffic Impact Analysis to the City of Dunn and NCDOT for review prior to approval of the Construction Drawings. The scope oft the TIA will be Public utilities will be extended into the project site from existing City utility mains. Public water will be provided to the: subdivision via a 12" water main in N. Powell Ave. A fire flow test will be conducted and at fire flow model will be provided to show there is adequate flow to Public sewer will be provided by extending sewer from the subdivision to the west to the existing 15" Black River sewer outfall line, per the City's Standards and Specifications. Dunn has recently adopted a Wastewater Allocation Policy whereby applicants must demonstrate that the development achieves a minimum of 55 points in order to receive wastewater allocation. Based on a preliminary analysis, it appears that Powell Residential will achieve 65-  coordinated with both agencies prior to execution of the study.  support the subdivision as part oft the Construction Drawing process.  75 points, which exceeds the minimum required.  14.0 Neighborhood Meeting  Aneighborhood meeting per the City of Dunn'sr requirements was held on May 21, 2024, at the Hampton Inn on. Jesse Tart Road in Dunn. Asummarized neighborhood meeting report was provided to Dunn Planning Department. No planned changes to the master plan were made as a result from the neighborhood meeting and there was no real opposition heard.  END OF REPORT  14    33833            aITHIS        NOTICE OF PUBLIC HEARINGS  NOTICE IS HEREBY GIVEN that al PUBLIC MEETING regarding two (2) Conditional Zoning Applications that will be held by the CITY OF DUNN PLANNING BOARD on. JUNE 4, 2024 at 5:30 P.M. and al PUBLIC HEARING for the same will be held by the CITY COUNCIL OF THE CITY OF DUNN on. JUNE 25, 2024 at 6:30 P.M. in the COURTROOM of the DUNN MUNICIPAL  BUILDING located at 401 EAST BROAD STREET for thep purpose of considering thet followingi items:  CONDITIONAL ZONING APPLICATION CZ-05-24 PIN:1527-043969.00, 1527-05-4136.000, and 1527-05-6219.000  Jernigan Road/US 301 North  This is a request to rezone three (3) parcels 2.30 acres +/ /- located at the intersection of Jernigan Road and US 301 North, Dunn, NC 28334. The property is currently zoned R-20, Residential District. The proposed rezoning is C-3, Highway Commercial District Conditional Zoning District  (CZD) to allow only Self-Storage.  CONDITIONAL ZONING APPLICATION CZ-06-24 North Powell/West Cumberland Street PIN: 1507-92-4674.000, 1507-93-1325.000, and: 1517-03-0036.000  This is a request to rezone three (3) parcels 48.49 acres +/- on North Powell Avenue with access to West Cumberland Street Dunn, NC 28334. Two parcels are currently zoned R-20, Residential District and the other parcel is a mix of R-20, Residential District and C-2, Shopping Center District. The proposed rezoning is MXU, Mixed-Use District Conditional Zoning District to allow Residential Development (townhomes and single- family detached), Recreation Facilities (indoor and outdoor), and Utilities  (Class 1&2).  Copies of proposed items are available for review at the DEPARTMENT OF PLANNING during normal business hours Monday through Friday. Written comments may be  addressed to:  CITY OF DUNN PLANNING DEPARTMENT  P.O. BOX1065 DUNN, NC28335  ADVERTISE: June 4, 2024 June 11, 2024    Powell Residential Conditional Rezoning  Restricted Uses: The City of Dunn UDO allows a mixture of uses ini thel MXU zoning district and the petitioners have chosen to further restrict the allowable uses to only those as listed below:  Residential Uses Dwelling - Single Family Attached (Townhome) Dwelling - Single Family Detached Home Occupation Institution & Assembly Recreation Facility (Indoor) Recreation Facility (Outdoor) Transportation & Infrastructure Utilities (Class 1) Utilities (Class 2) Development Conditions:  1. Maximum number of units shall be 180 units. 3. Minimum usable/improved open space= 5ac 4. Minimum natural open space= 10 ac 5. Minimum building setbacks for Single-Family Attached  2. Mixture of unit types shall vary, however, there shall be no more than 1201 townhomes. There is no maximum unit threshold for single family detached units.  a. Front = 20' b. Rear = 20' d. Corner = 15' a. Front: = 20' b. Rear = 20' Side=7.5' d. Corner= = 15'  Side = 0'/5' (minimum 10' building separation)  6. Minimum building setbacks for Single-Family Detached  7. Minimum lot widths for Single-Family. Attached shall be 201 feet. 8. Minimum lot width for Single Family Detached shall be 501 feet. any case, they must contain at least a single car garage.  9. Single-Family Attached units shall be front-loaded, or rear-loaded (via alley), however in 10. Developer shall establish int the covenants that all trash and recycling containers provided by the City shall be kept inside the garage of all Single-Family Attached units OR    developer to provide enclosed trash corral with 100% opaque: screening from view of any 11. The private, recorded legal documents governing the subdivision shall obligate the homeowner's association to maintain the landscaping and lawn care on all lots containing single-family attached (townhome) units. All common areas and landscape buffers shall also be maintained by the HOA per the City's UDO requirements. 1. Anti-monotony: No unit shall be constructed with an exterior elevation or color palette that is identical to the unit on either side or directly across the street. 2. High visibility lot: Any side façade adjacent to a public ROW shall have decorative trim or shutters around all windows. High visibility lots shall be identified on the 3. Glazing: All homes shall have at front door with a 44 lite door, transom, or door 4. Garage Doors: All front-facing garage doors shall have windows, decorative 5. Roofline: Roofline shall be broken up horizontally and vertically along the front façade, such that no roofline is in a single mass. The roofline of townhome buildings will alsoi incorporate a minimum roof overhang of 8 inches on end units. 6. Façade Treatment = a minimum of three included per dwelling unit: a) Minimum of 24" of masonry material (brick or stone) at base along front b) Variation in exterior materials such as brick, masonry, board and batten, Decorative front dormers, shed roofs, or gables. d) Decorative trim, shake, cornice, horizontal trim, brackets or air e) Decorative shutters, window trim, or window grids. f) Decorative trellis or shed roof over garage door. g) Variation in roof lines, direction, or materials. Shutters, window trim or window grids.  right of way.  12. Proposed architectural conditions toi include:  Preliminary Plat. sidelights.  details or carriage style adornments.  façade and surrounding entryway. horizontal or shake siding. vents/windows on gables.  h) Addition/variation of a front porch, covered entry, portico, or stoop.  7. The side elevation of ai townhome that faces an existing or proposed right-of-way (excluding alleys) shall be consistent with the front façade and shall include two  (2) of the following elements: a) Windows with shutters. b) Addition of a gable, dormer or shed roof. c) Two or more building materials. vents/windows on the gable. Matching window grids.  d) Decorative trim, shake, cornice, horizontal trim, brackets or air e) Variation in siding material pattern for at least 20 percent of the wall area.    NOTICE OF PUBLIC HEARINGS  NOTICE IS HEREBY GIVEN that a PUBLIC MEETING regarding two (2) Conditional Zoning Applications that will be held by the CITY OF DUNN PLANNING BOARD on. JUNE 4, 2024 at 5:30 P.M. and a PUBLIC HEARING for the same willl be held by the CITY COUNCIL OF THE CITY OF DUNN on. JUNE 25, 2024 at 6:30 P.M. in the COURTROOM of the DUNN MUNICIPAL  BUILDING located at 401 EAST BROAD STREET for the purpose of considering thet following items:  CONDITIONAL ZONING APPLICATION CZ-05-24 PIN: 1527-04-3969.000, 1527-05-4136.000, and 1527-05-6219.000  Jernigan Road/US 301 North  This is a request to rezone three (3) parcels 2.30 acres +/- located at the intersection of Jernigan Road and US 301 North, Dunn, NC 28334. The property is currently zoned R-20, Residential District. The proposed rezoning is C-3, Highway Commercial District Conditional Zoning District  (CZD) to allow only Self-Storage.  CONDITIONAL ZONING APPLICATION CZ-06-24 North Powell/West Cumberland Street PIN: 1507-92-4674.000, 1507-93-1325.000, and: 1517-03-0036.000  This is a request to rezone three (3) parcels 48.49 acres +/ /- on North Powell Avenue with access to West Cumberland Street Dunn, NC 28334. Two parcels are currently zoned R-20, Residential District and the other parcel is a mix of R-20, Residential District and C-2, Shopping Center District. The proposed rezoning is MXU, Mixed-Use District Conditional Zoning District to allow Residential Development (townhomes and single- family detached), Recreation Facilities (indoor and outdoor), and Utilities  (Class1&2).  Copies of proposed items are available for review at the DEPARTMENT OF PLANNING during normal business hours Monday through Friday. Written comments may be  addressed to:  CITY OF DUNN PLANNING DEPARTMENT  P.O. BOX1065 DUNN, NC28335  ADVERTISE: June 4, 2024 June 11, 2024    CITY OF DUNN  18877  PLANNING AND INSPECTIONS 001203505-CyptD.meg  102 NI Powell Ave * POI Box1 1065 - Dunn, North Carolina 28335  May 31, 2024  Reference: Conditional Zoning Request CZ-06-24  PIN#1507-93-1325.000; 1517-03-0036.000; 1507-92-4674.000  These parcels are located on North Powell Avenue with access to West Cumberland Street, Dunn, NC,  28334  Dear Property Owner:  The purpose of this letter is to notify you that a Conditional Zoning request has been received by the City of Dunn Two parcels are currently zoned R-20, Residential District and the other parcel is a mix of R-20, Residential District and C-2, Shopping Center District. The proposed zoning classification is MXU, Mixed-Use District Conditional Zoning District (CZD) to allow Residential Development (townhomes and single-family detached), Recreation Facilities The City of Dunn Planning Board will receive comments, review, and form a recommendation on the above The Dunn City Council will hold a Public Hearing, review, and take action on the above referenced project on  for property located adjacent to or within 200 feet ofa a parcel under your ownership.  (indoor and outdoor), and utilities (Class1&2). referenced project on Tuesday, June 4, 2024 at! 5:30 p.m. Tuesday, June 25, 2024 at 6:30 p.m. Both meetings will be held at:  Dunn Municipal Building City Council Chambers 401 East Broad Street Dunn, NC2 28334  Should you wish to express any opinions for or against this request, please attend these meetings where a special time is reserved for public comments. Written comments may be submitted to the Planning Department at the Ify you have any questions regarding this action, please call the Planning Department at 910-230-3505, or visit the  address shown at the top of this letter. Planning office at 102 North Powell Avenue.  Sincerely, George Adler Planning Director GA/mm  Where community begins!    Neighborhood Meeting  Report  Powell Residential North Powell Avenue City of Dunn May 24, 2024  ENGINEERING  Curry  Prepared by:  Andrew Petty & Don Curry The Curry Engineering Group, PLLC 205 S. Fuquay Avenue Fuquay-Varina, NC 27526 (919)552-0849    Curry  ENGINEERINGI  TABLE OF CONTENTS  ATTACHMENTS Buffer List Sign In Sheet Proof of Meeting Concerns & Responses  Neighborhood Meeting Notification Sample Letter  Copy of Agenda Packets provided at the meeting  1919)552-0849 19191552-2043  205 S. Fuquay Avenue Fuquay-Varina, NC: 27526  ARY EST.  E e  10    SAMPLELETTER  ENGINE S EST. PINC CARDIS  10    Curry ENGINEERINGI  May 9, 2024  RE: Neighborhood Meeting for a Conditional Use Rezoning Application  Dear Neighbor:  This letter ist toi invitey yout toar meeting tor review aj proposed Conditional Usel Rezoning Application for al Residential Development for the properties located at NI Powell Avenue (PIN 1507-93-1325,0008 Please: see enclosedi mapf for specific properties showni inr red. Att this meetinga a schematic layout will bes shared outliningt the proposed usea along withac discussion of conditions and opens space  1517-03-0036.000). and' W Cumberland: Street (PIN 1507-92-4674.000).  considerations. Meeting Information: Date: Tuesday, May 21, 2024 Time: 5:30t07:00PM  Location: Hampton Inn! Meeting Room, 100. Jesse Tart Circle, Dunn, NC 28334  Please feel free to contact me at 919-552-0849 ext. 101 or donecurryeng.com with any questions or  concerns regarding this meeting.  Sincerely,  The Curry Engineering Group, PLLC GM44  President  (919) 552-0849 (919)5 552-2043  205 S. Fuquay Avenue Fuquay-Varina, NC 27526  GART EST. 0  10    BUFFER -- LIST & MAP  ENGINE EST. RTNO ARDP  10    Powell Properties  Surrounding County Boundaries MajorRoads  RoadCenterines Railroad Parcels CapeFearRiver  City! Limits County Boundary Airport  Interstate NC US  GIS/E-911 Addressing September. 18, 2023  670 1inch= 752f feet  1,340 Feet    6316 IGDUNNLLC 11579 25477  NouC  WCUMBERLANDST NC DUNN,NC28334 OOCHAMPIONDR DUNNLN NC28334 ASHEAVED  7713288 17141 517-42 77064791 77011301 1517-434 1104.00 77064771 77168771  1546MALS POBOX 1254  1507  B413  AVE DUNNL NDST DUNNN NPOWELLAVE 334  NC27540-8626 NIOB0S3-2424    SIGN IN SHEET  ENGINE EST. Sess  10    Curry ENGINEERINGI  NEIGHBORHOOD MEETING SIGN-IN SHEET  Project:  Rezoning - Powell Mixed Use Residential, Dunn, NC  Meeting Date: May21,2024 Place/Room: Dunn, NC  Hampton Inn. 100. Jesse Tart Circle, Conference Room E-Mail donf@curryeng.com andydcurryeng.com  Facilitator: CurryEngineering  Name Don Curry Andy Petty  Address 205S. Fuquay Ave. Fuquay- Varina, NC 205 S. Fuquay Ave. Fuquay- Varina, NC  Phone 919-552-0849 919-552-0849  maniBrewr Lo2s N, Rowea 95820-3831  hcbreuuiaagsa  ti  - /  L  hesCpope bangy Rdk, Mlb  Sadler@denexe.05  zeyg B 9178458t2 yierLt  oare Sask 90f Mobhs aulasbie I003.RAD  Samsaielgaic Bicsembargpmailow  Page 10 of2    PROOF OF MEETING  ENGINE EST. CNVEANN  10    DUE OUTH  Carry  PONELL RESIDENTIAL    AGENDA PACKETS  CHONEE EST. SeNe!  10    Curry ENGINEERINGI  May 9,2024  RE: Neighborhood Meeting fora Conditional Use Rezoning Application  Dear Neighbor:  This letteri is to invitey yout toa meeting tor review ap proposed Conditional Use Rezoning Application for al Residential Development for the properties locateda atl NF Powell Avenue (PIN 1507-93-1325.008 Please see enclosed map for specific properties showni inr red. At this meeting a schematic layout will bes shared outlining the proposed use along with a discussion of conditions and open space  1517-03-0036.000 and W Cumberland: Street (PIN 1507-92-4674.000).  considerations. Méeting information: Date: Tuesday, May 21,2024 Time: 5:30to7:00PM  Location: Hampton Inn Meeting Room, 100 Jesse Tart Circle, Dunn, NC 28334  Please feel free to contact me at 919-552-0849 ext. 101 or doncurryeng.com with any questions or  concerns regarding this meeting.  Sincerely,  The Curry Engineering Group, PLLC GM4y  President  1919)552-0849 (919)552-2043  2055 S. Fuquay Avenue Fuquay-Varina, NC: 27526  EST. 5 6 CeN    V  @  3sn 7V537 8os JON        1887  DUNN  102 2 Powell Ave PO Box 1055 - Dunn, North Caroi ira 28335  (91C): 303505-ClyDamey  Conditional Zoning District Application  Please print clearly.  OWNERSHIP APPLICATION  Applicant: Phone number:  BrickyardManagement/Donald Lee Curry,Jr,  919-552-0849  Email: gonecurryeng.com  Applicant's legal interest in property: Applicant's Address:  Developer  205 S. Fuquay Ave. (Street)  Fuquay-Varina, NC: 27526 (City, State, Zip Code)  Property owner:. Sorrell-Jackson, LLC  Owner's. Address: 1507 Arendell St., C/O Hope Lupton Morehead City, NC: 28557  (Street)  (City, State, Zip Code) Email: mluptoneec.rr.com  Phone number: 252-342-4064  Date property acquired: 12/12/2007 Deed reference: Book: 2456 Page: 0076  Size (square feeto ord acres): 30.45ac  Street frontage (feet): 1,100'  PIN#  1507-92-4674.000  Location /Address: W. Cumberland St., Dunn, NC: 28334 (non addressed parcel) Property is located behind the existing shopping center on US421  Attach al legal description in metes and bounds of the area requested for conditional use: zoning. Ale LyTe MankynaMhyn V Hyehuphe  Print Name  Signaturé  2    CITY OF  DUNN  1887  PLANNING AND INSPECTIONS 010)230-3505-ChyofDunore  102 N Powell Ave - PO Box 1065 - Dunn, North Carolina 28335  Conditional Zoning District Application  Please print clearly.  OWNERSHIP APPLICATION  Applicant: Phone number:  Brickyard Management/Donald Lee Curry,Jr.  919-552-0849  Email: Developer  donlacurryeng.com  Applicant's legal interest in property:. Applicant's Address: Property owner: Owner's Address:  205 S. Fuquay Ave. (Street)  Fuquay-Varina, NC 27526 (City, State, Zip Code) Benson, NC 28334 (City, State, Zip Code) Email: medactignimanandco.com  General Utility Company 27-107 Annette Drive (Street)  Phone number: 919-934-1900  Date property acquired: 10/14/1971 Deed reference: Book: 563  Page: 0120  Size (square feet or acres): 18.01 ac  Street frontage (feet): 210'  PIN#  1507-93-1325.000  Location /Address: N. Powell Ave., Dunn, NC 28334 (non addressed parcel) Property is located south of the intersection of Powell Ave. and Ashe Ave.  Attach a legal description in metes and bounds of the  use zoning.  Andrew Petty Print Name  Signature  AtK  2    Powell Residential Conditional Rezoning  Restricted Uses: The City of Dunn UDO allows a mixture ofu uses in the MXU zoning district and the petitioners have chosen to further restrict the allowable uses to only those as listed below:  Residential Uses Dwelling - Single Family Attached (Townhome) Dwelling - Single Family Detached Home Occupation Institution & Assembly Recreation Facility (Indoor) Recreation Facility [Outdoor) Transportation & Infrastructuré Utilities [Class 1) Utilities [Class 2) Development Conditions:  1, Maximum density= 4.35 units/acre 2. Minimum usable/improved open space= 5ac 3. Minimum natural open space= 10 ac 4. Minimum building setbacks for Single-Family Attached  a. Front=20' b. Rear = 20" d. Corner= 15' a. Front = 20' b. Rear= 20' C. Side=7.5" d. Corner= 15'  S Side=0/5 (minimum 10' building separationl  5. Minimum building setbacks for Single-Family Detached  6. Minimum lot widths for Single-Family Attached shall be 20 feet. 7. Minimum lot width for Single Family Detached shall be 50 feet. any case, they must contain at least a single car garage.  8. Single-Family Attached units shall be front-loaded, or rear-loaded Ivia alleyl. however in 9. Developer shall establish in the covenants that all trash and recycling containers provided by the City shall be kept inside the garage of all Single-Family, Attached units OR developer to provide enclosed trash corral with 100% opaque screening from view of any  right ofv way.    10. The private, recorded legal documents governing the subdivision shall obligate the homeowner's association to maintain the landscaping and lawn care on all lots containing single-family attached (townhome) units, All common areas and landscape buffers shall also be maintained by the HOA per the City's UDO requirements. 1.A Anti-monotony: No unit shall be constructed with an exterior elevation or color palette that is identical to the unit on either side or directly across the street. 2, High visibility lot: Any side façade adjacent to a public ROW: shall have decorative trim or shutters around all windows. High visibility lots shall bei identified on the 3. Glazing: AlL homes shall have a front door with a % lite door, transom, or door 4, Garage Doors: AUl front-facing garage doors shall have windows. decorative 5. Roofline: Roofline shall be broken up horizontally and vertically along the front façade, such that no roofline is in a single mass. The roofline oft townhome buildings will also incorporate a minimum roof overhang of 8i inches on end units, 6. Façade Treatment - a minimum of three included per dwelling unit: a) Minimum of 24" of masonry material (brick or stone) at base along front b) Variation in exterior materials such as brick, masonry, board and batten, Decorative front dormers, shed roofs, or gables. d) Decorative trim, shake, cornice, horizontal trim, brackets ora air el Decorative shutters, window trim, or window grids. fl Decorative trellis or shed roof over garage door. gl Variation in roof lines, direction, or materials. Shutters, window trim or window grids.  11. Proposed architectural conditions to include:  Preliminary Plat, sidelights.  details or carriage style adornments.  façade and surrounding entryway. horizontal or shake siding. vents/windows on gables:  h) Addition/variation of a front porch, covered entry, portico, or stoop. 7. The side elevation of at townhome that faces an existing or proposed right-of-way lexcluding alleys) shall be consistent with the front façade and shall include two  [2) of the following elements: a) Windows with shutters. b) Addition ofa gable, dormer or shed roof. c) Two or more building materials. vents/windows on the gable. f) Matching window grids.  d) Decorative trim, shake, cornice, horizontal trim, brackets orair el Variation in siding material pattern for at least 20 percent of the wall area.    CONDITIONAL ZONING APPLICATION Petitioner: Brickyard Management, LLC Property: N. Powell Ave. Assemblage STATEMENTS OFJUSTIFICATION  STATEMENT 1: The use requested is listed among the conditional uses in the districtfor The proposed use of single family attached and detached residential lots complies with the allowable principal permitted uses listed in the City Code, Article 4, Section 4.03 Establishment STATEMENT 2: The requested use is essential or desirable to the public convenience or The proposed use of single family attached and detached residential lots provides a necessary inventory for home builders to provide attractive, economically affordable homes to the Cityof Dunn. Providing new home construction generates interest ini the City. provides additional tax STATEMENT 3: The requested use will not impair the integrity or character of the surrounding or adjoining districts, nor be detrimental to the health, morals, or welfare. The requested use as single family homes will not impair the integrity or character of these surrounding properties nory will they be a detriment to health, morals or welfare. The requested use is the first step toward revitalizing an area that is in need of growth and development, The properties in question have long been vacant. The proposed use for the properyappropriately preserves existing environmentally: sensitive areas and utilizes existing utiltyinfrastructure. Furthermore, the proposed development is expected to increase adjacent property values due to STATEMENT 4: The requested use will bei in conformity with the land development plan. The requested use is in compliance and conformity with the land use plan. According to the City of Dunn's Land Use Plan adopted on December 13, 2022, the property isi identified as 'medium density residential" which is consistent with the proposed housing type proposed in this rezoning. The proposed use specifically: addresses Policy 6 in the Land Use Plan which states: "Encourage a range of housing types based on the availability ofi infrastructure. proximity to services and amenities, and compatibility with existing development as described in the Future Land Use map." This proposed rezoning also allows for compliance with Policy 6.1 which  which the application is made. STATEMENT BYF PETITIONER:  ofz Zoning Districts and Article 5, Section 5.06 Table of Permitted Uses.  welfare.  STATEMENT BY PETITIONER:  revenue and consumers to support local, small businesses..  STATEMENT BY PETITIONER:  new construction and price point relative to the existing properties.  STATEMENT BY PETITIONER:  encourages a mix of lot sizes and/or housing types.    STATEMENT 5: Adequate utilities, access roads, drainage, sanitation, and other Existing infrastructure including water, sewer, natural gas, and roadway access is in place to allow fort the development oft this property based on the proposed use. The development will extend thisi infrastructure to serve the development and surrounding properties.  necessary facilities have been or are being provided.  STATEMENT BY PETITIONER:    CONCERNS & RESPONSES  ENGINE ER EST. 10 SPVENe    Curry ENGINEERINGI  SUMMARY OF DISCUSSION FROM THE NEIGHBORHOOD MEETING  Project: Applicant: Contact  Powell Mixed Use Conditional Rezoning Brickyardi Management  Meeting Date: May21,2024 Place/Room: Dunn, NC  Hampton Inn, 100. Jesse Tart Cir., Conference Room 5:30-7PM  Information: Don Cury/9193520849/donecurryeng.com  Time:  Summary of questions/comments and responses from the neighborhood meeting:  Question/Concernf!: Does the property touch! NCH Highway 421?  Applicant Response: Asmall portion does as an access way from the property that is zoned commercial, not any part of Applicant Response: Disturbances tot the wetlands willl be minized to crossings. The wetlands have been delineated and  this rezoning area will touch 421.  Question/Concem.#2: Are you developing int the wetland areas?  are: shown on the map presented. Applicant Response: Noiti isnot.  Question/Concern: #3: Property tot the north, owned by E3. Ist that yourstoo?  Question/Concern: #4: Is this going tol be government assisted housing or a rental community?  Applicant Response: That is certainly not the intention and the conditions that have! been offered up are geared toward creating a very nice development that is a standard for Dunn. We can't require that a developer or builder not rent units as thati is a violation of NC: State Law. AllI lots willl bet fee: simple lots meaning thel building and lot convey as one. Question/Concern: #5: Who will dot the building of the homes if you are not building? Can you guarantee a builder? Applicant Response: We do not currently have al builder for the homes under contract but hope too before the. June 25th City Council meeting. The conditions follow ther rezoning and the property: sO no matter the building, the conditions apply. Applicant Response: There are 21 bigger parcels (3 ify youi include as small piece inside of the General Utilities parcel) and Applicant Response: Yes, we have provided a minimum 20' buffer around they perimeter where existing vegetation is to  This will help ensurei the development is a quality development. Question/Concern #6: How many parcels are included and how many lots? Question/Concern #7: Will there be a natural buffer or nature park? remain. Wel have also provided conditions for openspace. Question/Concern #8: Ist the open space public? Question/Concern #9: Are apartments allowed?  approximately 174 lots. We have capped density int the conditions at 4.35 units/acre, similar to R10.  Applicant Response: Open space ist for the community, and not open tot the public. Applicant Response: No, they are not included as an allowable use int the conditions.    Curry ENGINEERINGI  Question/Concern: #10: Doy youl know the price point of the homes yet?  Applicant Response: Not yet since we don't have al builder but our thought is mid $200,000's and up. Question/Concern: #11: Concerns about trespassing on the landt to the west. Asked about fencing along the: sewer Applicant Response: Understand the concern however right now our plan is to utilize the easement and the natural buffer tol help deter trespassers. Additionally, the hope is that there are enough amenities and nature trails in the community to Applicant Response: We don'tanticipate this devaluing anyone'sp property. New construction int this area should increase Question/Concerf13: Where is the water coming from? Water plant in Dunn? Wasn'tthere a moratorium on this? How Applicant Response: The water is coming from Dunn but the moratorium was for waste water not potable water. George Adler from City of Dunn spoke upa and stated that the City has capital improvement projects underway that has helped lift the moratorium fort the City! but that this project will be required to: submit an allocation request to the board for approval to gain Applicant Response: No. During the design and permitting, we will grade thep property to drain: stormwater tot the designated stormwater management areas. We will be required to meet pre and post stormwater rates.  easement.  maket trespassing off site unappealing. We can't reallyf fence the City's sewer easement.  Question/Concernf1z: Will this devalue our properties?  value for the area. isith being handled?  authorization to tie tot the: sewer system.  Question/Concern: #14: Will the development push stormwater onto our properties?  Question/Concer15: Is mixed use having any commercial uses? already: zoned C-2 whichi is commercially zoned will remain C-2.  Applicant Response: This rezoning is specifically for mixed residential uses however, a portion of one of thep parcels is    City ofDunn  Purchasing Policy and  Contract Procedures Handbook  CITY OF  DUNN  1887  NORTH CAROLINA  Effective July 23, 2024 (Proposed)  Steven Neuschafer, City Manager Cary McNallan, Finance Director    City ofDunn  Purchasing Policy and Contract Procedures Handbook  TABLE OF CONTENTS  PURPOSE.. APPLICATIONS. DEFINITIONS.  RESPONSIBILITES & OBJECTIVES ETHICSI - IN CITY CONTRACTING.  WORKING RELATIONSHIPS-PURCHASING OFFICE..  VENDOR RELATIONS PURCHASING PROCEDURES QUOTATIONS.  12 13 15 16 16 17 18 20 20 21 22 22 24 26 33 42 47  RECHIFTANDISPACTION OF SUPPLIES, MATERIALS, AND EQUIPMENT.  VENDOR INVOICES. COMPETITIVE BIDDING. OTHER PROCUREMENT METHODS.  CONTRACTS CONTRACT AUTHORITY. COMTACTADMNFTATONK PROHIBITED PURCHASING PRACTICES BEST VALUEI PROCUREMENT.  APPENDIX A-EXCEPTIONSTO FURCHASISOVERSI202 APPENDIX B-HUBOUTREACH & GUIDELINES. APPENDIXC-FORMAL& INFORMALBIDS.  APPENDIX D-NON FEDERALI FUNDS STANDARDSERVICE CONTRACT.. APPENDIX El FEDERAL FUNDS STANDARD: SERVICE CONTRACT  2    City ofDunn  Purchasing Policy and Contract Procedures Handbook  The Purchasing Policy and Contract Procedures Handbook shall be a part of the City's centralized policy and procedure manual and followed in strict accordance with the rules and procedures set forth herein. This Handbook replaces the Purchasing Policy and Procedures Manual previously adopted. The Finance Officer has been assigned responsibility, for oversite, management and  updating oft the policies and procedures in this Handbook.  PURPOSE  This handbook was developed as a resource for City of] Dunn employees and elected officials to become familiar with key policies and procedures forj procuring commodities, goods, services, equipment, and construction projects. An understanding ofl how the city is required to conduct its business in relationship to applicable laws pertaining to procurement will provide the foundation fora The policies provided in this manual were established to ensure the fair and equitable treatment of all persons involved inj public purchasing, to maximize the purchasing value of public funds in procurement, and to provide safeguards for maintaining a procurement system of quality and  solid partnership between the Finance Department and other departments.  integrity.  APPLICATIONS  This policy applies to contracts for the procurement of materials, apparatus, supplies, equipment and construction projects entered into by the City. It: shall apply to expenditure of public funds by City departments for public purchasing irrespective of the source ofthe funds. When the procurement involves the expenditure of federal assistance or contract funds, the procurement shall be conducted ina accordance with any mandatory applicable federal law and regulations. Nothing in this policy shall prevent the City or any ofits departments from complying with the terms and conditions ofany  grant, gift or bequest that is otherwise consistent with law.  Authority  (a) The City Council has full budget authority to sign contracts. Authority to sign contracts for (b) Purchase requisitions, purchase orders, and contracts must be approved by the City Manager or (c) The securing of goods and services necessary to the operation of City government is the (d) Department Heads, or their designees, are responsible for developing bid specifications, gathering information from vendors, and communicating with the Purchasing Manager. (e) Prior to making any purchase and entering into an agreement, the City must first have funds appropriated to meet financial obligations. Contracts or purchase orders requiring the payment of funds for supplies or materials, may not be made unless aj proper: appropriation appears in the budget  procurement of supplies and services has been delegated to the City Manager.  Assistant City Manager.  primary responsibility of the city's Purchasing Manager.  and a sufficient unencumbered balance remains in the appropriation.  3    City ofDunn  Purchasing Policy and Contract Procedures Handbook  USE OF PURCHASING POLICY AND CONTRACTS PROCEDURES HANDBOOK 1." The purchasing of goods and services utilized by City departments must be handled in accordance with the policies and procedures contained in this Handbook. 2. The purchasing of such items and services shall be accomplished in cooperation with the 3. While some exception to these policies in this Handbook may be allowed, e.g., emergency purchases, failure to communicate with the purchasing office may result in  City's purchasing agent(s).  the City's refusal to pay invoices for such purchases.  Any requisition of a commodity or a service made before the Finance Department issuesa purchase order may become the personal obligation oft the individual obtaining the commodity or The requirements stated herein apply to all purchases of commodities and contractual services regardless of the funding source under the name of City of Dunn. Itis the responsibility of thej purchasing agent to work with, and communicate with, the city departments to secure the best vendor, products, and pricing for the City ofDunn. Requisitioning departments are urged to contact the purchasing agent prior to preparing a requisition to secure information about specitications, sources of supply, terms and prices. A contractor or vendor should never be allowed to provide a service or deliver a commodity beforea All contracts and agreements require review and approval by Finance prior to the signing oft the contract document. Ifthis policy is not followed, the individual signing the contract may be personally liable for any cost incurred. Note: Only the City Manager or Assistant City Manager, has the  service.  requisition is prepared and aj purchase order or contract issued.  authority to sign contracts for the City ofDunn.  DEFINITIONS  The following words, terms, and phrases, when used here, shall have the meanings ascribed to them AddendaAddendum: Additional requirements, specifications, or instructions to the originally issued Invitation to Bid or Request for Proposals. All contents of the addendum are incorporated into the Alternative contracting means local governments can seek authority to modify bidding requirements for particular projects, specifically design-build projects for building  ini this section, except where the context clearly indicates a different meaning:  original document. construction.  4    City ofDunn  Purchasing Policy and Contract Procedures Handbook  Appropriation means an authorization granted by the City Council to make expenditures and to incur Appropriation account means a budgetary account set up to record specific authorizations to spend. The account is credited with original and any supplemental appropriations and is charged Architectural, Surveying and Engineering Services: Contracts performed by private consulting firms as agents of the City ofl Dunn including feasibility studies, planning, design, testing, and Bidi means a quotation specifically given to aj prospective purchaser upon request, usually in Bidder: Any person, firm, partnership, corporation, association, orj joint venture seeking Budget document means the instrument used by the budget-making authority toj present a Business: Any corporation, partnership, individual, sole proprietorship, joint stock company,joint Commodity: Tangible goods, wares, and merchandise which are moveable in trade.  obligations for specific purposes. with expenditures and encumbrances.  construction administration or management services.  competition with other vendors.  award ofay public contract or subcontract with City ofDunn. comprehensive financial program to the appropriating body.  venture or any other private legal entity.  Confirmation Order: A confirmation order is aj purchase, letter ofintent to purchase, or request for scheduling in advance of an order that is made by an individual, without having a valid purchase order number, procurement card (if applicable) or approved payment request form (ifapplicable). NOTE: Use ofa confirmation requisition and/or Purchase Order to authorize retroactively Construction managemenl-dl-risk means services provided by a construction manager, which may include preparation and coordination of! bid packages, scheduling, cost control, value engineering, Contract means a legal agreement between the City and another governmental agency, company, corporation, individual or group ofi individuals obligating the City toj pay money for Department Head means the highest level of supervision and coordination withina a  commitments to vendors by personnel are a violation of City Policy evaluation, preconstruction services and construction administration.  services rendered or products.  department.  Dual bidding means bids may be received to erect, construct, alter or repair a building under both the single-prime and separate-prime contracting systems, and the contract shall be awarded to the lowest responsible bidder under the single-prime or the lowest responsible bidder under the Fiscal year means a 12-month period of time to which the annual budget applies and at the end ofwhich a governmental unit determines its financial position and the results ofi its operations.  separate-prime system.  The City's Fiscal Year is July 1 through June 30.  5    City ofDunn  Purchasing Policy and Contract Procedures Handbook  Force account means work performed by City employees that would ordinarily be performed HUBmeans Historically Underutilized Businesses as defined by NC General Statute 143- 128.4. HUB certification categories include: Black, Hispanic, Asian American, American Information technology means electronic data processing goods and services and  by outside contractors.  Indian, Female, Disabled, and Disadvantaged.  telecommunications goods and services, microprocessors, software, information processing, office systems, and related services and consulting or other services for design or redesign ofinformation Minority business means a business ofwhich at least 51 percent is owned by one or more minority persons or socially and economically disadvantaged individuals or, for a corporation, in which at least 51 percent oft the stock is owned by one or more minority persons or socially and economically disadvantaged individuals, and ofwhich the management and daily business operations are controlled by one or more of the minority persons or socially and economically disadvantaged  technology supporting business processes.  individuals who owni it.  MWBE means minority- and women-owned business enterprises.  Pre-audit means an examination for the purpose of determining the propriety of proposed financial transactions and financial transactions which have already taken place, but which have not yet been recorded or, ifs such approval is required, before the approval of the financial transactions by Purchase order means a legal document binding a vendor to provide a service or product and the City toj pay a specified price. A purchase order is a written contract between the City and the vendor. A purchase order is the primary tool for ordering apparatus, supplies, materials, and equipment. Thej purchase order meets all ofthe legal requirements fora contract set forth by North Carolina State Statute and the Uniform Commercial Code (UCC). Aj purchase requisition is Purchasingagent means one who purchases goods, supplies and materials for the City and is  designated officials for recording.  needed to initiate a purchase order.  authorized to negotiate contracts with vendors. Quote means to state aj price for goods or services.  Request for Information (RFD): A request written to obtain information from vendors to assist the city in determining the needs and requirements for development ofa future project or RFP, including recommendations for specific products, services and strategies to meet City'sr needs. Request for Proposals (RFP): A request written as aj performance specification, outlining the desired result and asking the responders to propose a method of reaching that result. RFPS are service oriented and allow greater flexibility in how the contract is awarded. (Note: The NCDOTrequires the use ofa RFLOI (Request for Letter of Interest) to procure professional engineering services, design or Request for Oualification (RFO): A request written to obtain information from vendors to determine if they are qualified to provide aj particular service to the City. Qualification criteria are  construction engineering.)  6    City ofI Dunn  Purchasing Policy and Contract Procedures Handbook  established that vendors must meet to be considered for the selection process. Allows elimination Requisition means a request by a department or program to the purchasing agent to purchase, by Separate-prime means bids for building projects are received for each subdivision of work:  ofnon-qualified vendors before price evaluation. issuance ofaj purchase order, specified services or products.  (1) Heating, ventilating and air conditioning;  (2) Plumbing; (3) Electrical; and (4) General.  Single-prime means bids for building projects are received from one contractor. The single- prime contractor performs all work or contracts with subcontractors for heating, ventilating and air Sole-source item means when an item is ofs such a special nature that iti is only manufactured by Specifications: The parameters, requirements, and instructions that define the exact item or service that is desired and provides the basis for comparing bids. Specifications are generally incorporated into a contract, by reference, to become the successful bidder's legal obligations under the contract. Subcontractor: Any persons named by a general contractor and approved by the City to Surplus property means items which are obsolete or are no longer of any value to the City. Unencumbered balance means that portion of an appropriation, which has not been expended or  conditioning; plumbing; and electrical.  one company.  perform work or provide services for aj public contract.  obligated through issuance ofaj purchase order. Vendor means one who sells a commodity or a service. indicates the accounts against which they are to be recorded.  Voucher means a written document which evidences the propriety of transactions and usually Women owned business means al business of which at least 51 percent is owned by one or more women; or for a corporation, in which at least 51 percent oft the stock is owned by one or more women and ofv which the management and daily business operations are controlled by oneor  more women who own the business.  RESPONSIBILITIES AND OBJECTIVES  A. Responsibilities  Itis thel Finance Department's responsibility to ensure that all purchases are made in accordance with the City Policies and Procedures, North Carolina law, and Federal laws and regulations. Successful purchasing requires active cooperation between thel Finance Department and all Departments. Each entity has fundamental requirements for this mutually  7    City ofDunn  Purchasing Policy and Contract Procedures Handbook  cooperative endeavor. Under the supervision of the Purchasing Agent(s) designated by the 1. Purchase or lease all supplies, materials, equipment and services needed for use by the 2. Make all contracts or purchases in accordance with the City's standard procedures, 3. Make emergency purchases, leases, or contracts for supplies, materials, equipment, and 4. Assist Departments in the development of standard specifications for all supplies, The procurement process is a dynamic process subject to change pursuant to amendments made to North Carolina General Statutes, actions by City Council, and City Manager's mandates. Iti is also a mutually cooperative process that requires prompt review and  City Manager, Purchasing Agent(s) have the responsibility to: City and its agencies, boards, and commissions. policies, and North Carolina law. services for all Departments. materials, equipment, and services.  approvaldisapproyal by one or more parties.  Mayor and City Council: As the legislative body for the City, the Mayor and City Council have delegated the authority of procurement to the City Manager as allowed by North Carolina City Manager: The City Manager is the final authority in making decisions in any City Attorney: The City Attorney reviews non-standard contracts to determine ifitis acceptable to the City; and provides interpretation of City, county, state, and federal statutes/  General Statute.  situation relating to procurement.  regulations upon request. B. Objectives  In carrying out the purchasing function, the City seeks to:  1. Conduct business with integrity, fairness, and dignity sO as to maintain public trust and reduce the government's exposure to criticism and legal action. 2. Secure the right materials, equipment, and services at the right quality and quantity, on at timely basis, as efficiently as possible, and at the lowest overall cost. 3. Obtain the "best value" of products and services for the dollars spent; secure, whenever 4. Establish specifications which will encourage competition and accurately describe the 5. Provide all customers with quality service in a manner that is courteous, responsive, 6. Assure vendors that impartial and equal treatment is afforded to all who wish to do  possible, competitive prices on purchases. equipment, materials, and services needed. accessible, and seamless. business with the City.  8    City ofDunn  Purchasing Policy and Contract Procedures Handbook  7. Be receptive to changes in material and requirements and newj products and procedures.  Departmental Responsibilities  1. Accept the purchasing authorities delegated to the Finance Department.  2. Put forth an effort in good faith to comply with these policies and procurement procedures without 3. Prepare acceptable specifications that define the quantity and quality of goods and services needed toj perform a specific function without undue influence or personal preference. 4. Allow the time necessary for Procurement to select a vendor and for the vendor to deliver. 5. Receive and inspect items delivered and report vendor performance good or bad. 6. Cooperate with the Finance Department in the process of fulfilling departmental requisitions. 7. Work with the Finance Department to promote goodwill between the City and its vendors.  reservation or evasion.  ETHICS IN CITY CONTRACTING  Ethics Statement: "The Cityofl Dunn is governed by the highest ideals of honor and integrity in all public and professional relationships in order to merit the respect and inspire the confidence oft the  City and the public we serve." I. Ethical Conduct  The City of Dunn believes strongly in the precept of fair and open competition and in maintaining the integrity ofi its procurement and contracting process. To this end, the City has a strict policy of' "NO GRATUITIES" in any form. Employees ofthe City are prohibited from accepting any gratuity, no matter how small the value. Violation of this policy may lead to vendor's bid or proposal response being disqualified, cancellation ofany contract with the City, being prevented from participation in City solicitations, and possible legal action. In addition, no person or firm preparing specifications fora City solicitation shall receive any  direct or indirect benefit from the use ofs such specifications.  II. Conflict OfInterest  The City of] Dunn policies prohibit business transactions with City Officials and employees, either directly or indirectly. N.C. General Statute 14-234 makes ita misdemeanor for a public official to benefit from contracts with the unit he or she works for or represents. All state and local governmental officers and employees are prohibited from entering into any contracts involving the units they serve when any such officer or employee or a firm in which he has a financial interest has aj private interest in the A. Involves al bank or banking institution, a savings and loan association, ora  contract, except when that private interest:  regulated utility; or  9    City ofDunn  Purchasing Policy and Contract Procedures Handbook  B. Provides supplies, services, or facilities to needy persons under state and federal  aid programs.  III. Equal Opportunity  The policies oft the City of Dunn prohibit discrimination against any person or business inj pursuit ofbusiness opportunities on the basis of age, sex, race, creed, national origin, disability or on the basis ofs sexual orientation or gender  expression/identity. IV. Fairand Open Competition  All City Departments shall promote the principle ofa fair and open competitive solicitation process, wherever practicable. Restrictive or proprietary specifications are kept to a minimal use; and only applied where absolutely necessary to meet technical demands for operational compatibility with existing City equipment; or for truly The City may contract with persons other than City personnel for the preparation of specifications. However, no person preparing specifications shall receive any direct or  unique and cost-effective performance applications.  indirect benefit from the utilization of such specifications.  V. Benefit from Confidential Information  Itis unethical and unlawful for any employee or former employee knowingly to use confidential information for actual or anticipated personal gain, or for the actual or  anticipated personal gain of any other person.  VI. Local Buying  Iti is the desire oft the City to purchase from vendors located within Harnett County whenever possible. This can be accomplished by ensuring that local vendors who have goods and services available that are needed by the City are included in the competitive purchasing process. The City, however, has a responsibility to its residents to ensure maximum value is obtained for each public dollar spent. The City cannot make purchasing decision solely on the basis of vendor residence. Rather, the City will endeavor to encourage local vendors and suppliers to compete forall City  business.  VII. Historically Underutilized Businesses (HUB)  The City of Dunn encourages HUB participation in all procurement activities. Construction contract awards shall be in compliance with North Carolina General The City's current goal for minority and women-owned business enterprise (MWBE) participation, and HUB participation, for public building construction is tenj percent (10%) for each. The overall goal will be reviewed annually, or as soon as relevant data isa available. The City, as awarding authority for construction projects, and the  Statutes 143-128.  10    City ofDunn  Purchasing Policy and Contract Procedures Handbook  contractors and subcontractors performing the construction contracts awarded, shall cooperate and in good faith do all things, legal, proper, and reasonable to achieve the goal oft tenj percent (10%) for participation by HUB in each construction project. See Appendix Bi for the City's adopted "Outreach Plan and Guidelines for Recruitment and Selection ofHUB and MWBE Businesses for Participation in Cityof  Dunn Building Construction Contracts".  WORKING RELATIONSHIPS-PURCHASING OFFICE  1 The basic responsibilities oft the City's Purchasing Office Agent are to:  a. Purchase goods and materials in accordance with established law and local policy; and b. Operate a centralized and consolidated purchase function for the City.  2. The Purchasing Office has the responsibility to advise oft the suitability, quality, or quantity of equipment, material, or supplies requested, and can refer: such requests to the Finance Director and City 3. Thel Purchasing Office is charged with record keeping of vendor quotations, terms, delivery codes, contracts, assisting with all formal and informal bid proceedings, maintaining an accurate records for public review & auditing purposes, disposing of surplus property in accordance with resolutions oft the 4. Asas service agency for the City, the Purchasing Office seeks to establish and always maintain a close working relationship with each department. It is essential that cooperation and understanding exist between the user department and the purchasing office. The following guidelines will promote a good  Manager for approval.  City Council, and issuing purchase orders.  working relationship:  a. The User Departments should:  i. Maintain a close check on supplies and stock. ii. Forecast any future purchasing requirements. ii. Request well in advance of needs whenever possible. iv. Eliminate all unnecessary emergencies or rush purchasing. V. Alert purchasing regarding late deliveries. vi. Examine items received for quality, quantity, and the like. vii. Report promptly to the purchasing office any deviations in orders received. viii. Submit by written memorandum complaints against vendors. orders requiring written specifications are involved.  ix. Indicate to purchasing the exact needs oft the user department when equipment or special X. Forward a copy of quotes obtained to the Purchasing Office for the purpose of  maintaining a record.  b. The Purchasing Office should:  Check with user departments on needs when placing consolidated orders.  11    City ofI Dunn  Purchasing Policy and Contract Procedures Handbook  ii. Inform departments of vendor contracts that might be utilized.  ii. Expedite emergency purchases as rapidly as possible in order that normal operations ofa iv. Contact vendors on late deliveries and report findings to ordering departments. V. Mediate between the user department and the supplier on partial deliveries, cancellation, vi. Consult with the originating department when technical equipment, special order vii. Coordinate with the ordering Department Head and/or his delegate off formal ori informal viii. Review with Department Head the bids and prices received; consider their preference  department are not disrupted.  return of merchandise, and complaints. specifications, plans or designs are involved. pre-bid conferences and bid openings.  before making recommendations for award or purchase.  From the initial request to delivery of the order, the Purchasing Office should coordinate all action toward accomplishing the desired goal for efficient procurement ofi items/services requested by City departments. Only through al harmonious working association can the Purchasing Office effectively  function as a support service for the departments.  VENDOR RELATIONS  The purchasing/vendor relationship is one of mutuality. The promotion of good relations with vendors is an important function of the purchasing agent. Therefore, it is essential that the purchasing agent and city department contacts communicate about all transactions between the City  and its vendors. The following rules related to vendors shall apply:  1. The purchasing office will forward to the department contacts useful information obtained from vendor interviews, direct mailings, and advertising. 2. The Financel Department shall maintain an up-to-date bid list of all vendors requested to do business with the City. This list shall be made available to all departments. 3. Commitment of City funds without an approved purchase order or pre-audited contract is prohibited, and such commitment will not be honored for payment as 4. The City will not knowingly negotiate with any contractor or vendor which has been deemed by the Equal Employment Opportunity Commission to be in noncompliance 5. Bid notices are posted on the City ofDunn's website at the following address:  provided by G.S. 159-28.  with equal employment opportunity laws. tpwww.cityoldum.org/financelbid-notices.asp  12    City ofDunn  Purchasing Policy and Contract Procedures Handbook  PURCHASES NOT COVERED BY STATUTE (SO to $29,999.99)  Although purchases under $30,000 are not covered by statute, it is the policy oft the City to go through ac competitive process. Expenditures over $1,200.00 and up to the legal bid requirement $500,000 for construction projects and $90,000 for equipment, apparatus and materials should be handled the same  as for Informal Bids.  There are two (2) ways to obtain informal bids:  1. Competitive Sealed Bid Process (the Preferred Method)  Informal bid requirements can be met by sealed bids, opened at a set time, date, and  place. 2. Quotations fax, or e-mail.  Informal purchases are accomplished by written quotations received inj person or by mail,  PURCHASING PROCEDURES  For the purchase oft tangible goods or equipment, the following thresholds shall apply: A. Less than $1,200: Purchases ofl less than $1,200 may be made directly by the Department. No competitive bidding or purchase requisition is required. An original invoice must be submitted B. $1,200 to $3,000: Purchases of $1,200 to $3,000 require a purchase requisition. Although competition is not required, Departments are advised to obtain more than one quote. Certain types of supplies, materials, equipment, and services that cost $1,200 or more may be procured without competitive bidding or purchase order. See. Appendix A for a list of these items. $3,000 to $30,000: Purchases between $3,000 and $30,000 require obtaining price quotes and processing a purchase requisition. Three price quotes from three different vendors are to be  tol Finance when requesting payment.  submitted with the purchase requisition. Purchase Requisition for Purchase Order  1. Each City department is responsible for requesting, receiving, inspecting, and accepting supplies and equipment for that department in accordance with the following: a. The Department is responsible for submitting a purchase requisition through the accounting software to request a purchase order. The ordering department should anticipate needs in sufficient time for normal processing by the purchasing office.  As much oft the following information should be included:  i. Buyer ii. Vendor iii. Shipping destination iv. Unit price V. Contract number, if applicable.  13    City ofDunn  Purchasing Policy and Contract Procedures Handbook  vi. Description vii. Quantity viii. Unit ofmeasure ix. Fund X. Account number. xi. Project,ifapplicable. expense account line item.  b. Any tangible goods purchased is to be coded to the appropriate general ledger The purchase order shall be completed by the Finance Department (per requisition  information provided by the issuing department).  ( (NOTE: Departments are NOT to submit requisitions tol Finance until funds are available in designated expense categories for purchase tol be made. Please contact Finance to confirm funding is available for all commodities, goods, or services. All requisition submitted without  funds inj place will be returned to the department. NO EXCEPTIONS) d. The purchasing agent will review the purchase requisition, obtain pricing, if applicable, confirm that the appropriate accounts were entered, and approve the requisition. The requisition is then reviewed and approved by the City Manager and Finance Director. Once the requisition receives all approvals, the purchasing agent creates and distributes the related purchase order to the ordering department. Thej purchasing agent has the authority to revise purchase requisitions or purchase orders and estimates of quantity, quality, cost, or the description field, as long as the established standards and specifications are maintained. Ifit is necessary to revise aj purchase requisition or purchase order, the ordering department will be Authorization in the department budget for a particular item does not authorize a specific purchase. Thej purchasing agent must review each request independently when it is submitted by the ordering department and can request further review by Issuance of purchase order; processing; records; after submission ofaj purchase requisition by the user department and review by purchasing agent, a purchase order is issued. The purchase order is al legal instrument that is sent to the vendor for the actual purchase of items and as such is a contract to buy on behalf of the City and to sell at a specified price on behalfofthe vendor. State pre-audit law requires dual signatures on all purchase orders issued, a designated purchasing office representative and ai finance office representative. When both representatives have approved the purchase order, they are distributed to the ordering department  informed immediately.  thel Finance Officer or City Manager.  who then forwards it to the vendor.  2. Blanket Purchase Order (also known as a Standing or Open Order) may be issued to selected vendors for purchase of large volume items such as landscaping supplies, rock, sand, asphalt  14    City ofDunn  Purchasing Policy and Contract Procedures Handbook  and computers, etc. A Blanket Purchase Order is a term contract or basic agreement with a supplier. It is issued to a specific supplier for recurring low dollar purchases of consumable a. Al Blanket Purchase Order should be used when the ordering department will:  supplies for a specific period oft time.  Purchase repetitive, specified items or categories ofitems from the same vendor, which are purchased and paid in aj predictable manner during a certain time period, ii. Order standard materials or maintenance supplies which require numerous  usually one (I)year. shipments.  b. Blanket Purchase Orders should not be used when:  i. The City already has an open line of credit with a vendor; ii. The City hires a vendor for contractual services; or,  iii. Prices are unknown at ordering time, or subject to change later without notice.  ABlanket Purchase Order shall include the following information:  The period to be covered by the blanket agreement should not exceed one year and  should not extend beyond the fiscal year.  ii. Items and/or categories ofi items to be covered by the Blanket Order  iii. Maximum quantities ifany V. Terms and billing arrangements  iv. Prices  3. A request to increase the dollar amount ofa Blanket Purchase Order should be submitted to Purchasing with the description and amount ofincrease. As with the initial requisition to establish al Blanket Purchase Order, make sure this request is approved by the Department  Head.  QUOTATIONS  Quotes should be on the vendor's letterhead or an official quotation form, and include the salesperson's signature, date, and expiration of the bid date. Emails received from vendors with quoted prices and detailed descriptions in the body of the email are acceptable, but not preferred. Departments are responsible for forwarding all quotes to the purchasing agent and/or attaching them All requisitions and quotations for computer hardware, software, electronic and photo equipment shall have prior approval from the Information Technology Department before submitting for purchase. Waiver from Policy: Ifa department, afier exercising due diligence, cannot obtain the required number of quotes for a purchase, the City Manager may provide a written waiver ofthe requirement.  to the electronic purchase requisition.  15    City ofDunn  Purchasing Policy and Contract Procedures Handbook:  RECEIPT AND INSPECTION OF SUPPLIES, MATERIALS, AND EQUIPMENT The City does not have a central receiving and inspection point. Departments are responsible for receipt and inspection of all shipments. Departments should retain a file for each completed purchase a. When a department receives partial delivery of an order and finds that the balance oft the orderi is not needed, the department should notify the purchasing agent in writing and request cancellation oft the remaining balance, provided the complete order has not yet been shipped and the vendor is agreeable. Ifa department wishes to cancel aj purchase order in its entirety, the Department Head should immediately notify the purchasing office in writing and explain the reasons for the cancellation. The Department Head will then b. Itisi important that the ordering department keeps a close check on expected delivery dates of purchase orders and notify the purchasing agent of any outstanding orders sO that necessary action may be taken. Iffollow-up action is required, the purchasing agent will mail a letter to the vendor requesting that delivery be made or asking for an explanation of the delay. The purchasing agent will then place the purchase order and a copy oft the form letter in a suspense file. Ift the order is received on or before the new delivery date, no further action is required. Ift the items have not been received, the purchasing agent will again contact the vendor as to the delay and/or cancel the purchase orderi ifimmediate There may be occasions when a department wishes to return merchandise to the vendor. In such a case, the Department Head should notify the purchasing agent. Ifthe order is not to be replaced by the vendor, the department should request purchasing to cancel the purchase d. The Tyler Accounts Payable Module is to be used to request payment for goods and services whether or not aj purchase orderi is issued. All payment requests must include a copy ofinvoice and receiving report. All payment requests without appropriate  order for future reference and/or re-ordering.  notify the vendor directly.  delivery cannot be guaranteed.  order.  documentation will be returned to the department.  VENDOR INVOICES  To comply with the City's internal controls, all invoices from vendors are to be submitted on the vendors' own invoice form or letterhead and include the following information:  a. Itemized list of supplies or services. b. To whom supplies or services were delivered). Purchase Order Number, ifapplicable. Total amount of payment due.  d. Sales Tax.  16    City ofDunn  Purchasing Policy and Contract Procedures Handbook  COMPETITIVE BIDDING  Itis is the policy oft the City to make all purchases of supplies, materials, equipment, and contractual services on the basis of competitive bids whenever possible. Below is a summary ofinformal and  formal bids. For more details, see Appendix C, Formal and Informal Bids.  Informal Bids  The informal bidding requirements cover contracts for construction or repair work and contracts for the purchase or lease-purchase ofapparatus, supplies, materials, or equipment involving the expenditure of $30,000 or more, but less than the limits prescribed by the State of North Carolina for formal bidding requirements ($500,000 for construction; $90,000 for purchase according to G.S. 143- Bids may be obtained electronically or written, and no minimum number ofb bids are required. All specifications will be written to allow free and open competition except when dictated by specific All proprietarylsingle source requirements must be accompanied with detailed written justification to  131(a)).  make, model, or design.  Purchasing for consideration and approval prior to bidding.  FORMAL BIDS  The formal bidding requirements cover:  1. Construction or repair contracts estimated to cost more than $500,000; and, 2. Purchase of apparatus, supplies, materials, or equipment estimated to cost more than The threshold applies to the estimated cost oft the total contract, not each item. The bidding Bidding opportunities must be advertised in a newspaper having "general circulation" in the jurisdiction that is seeking bids. The advertisement must appear at least one time and at least seven Bids shall be sealed and opened to the public on the advertised date. Three bids are required for construction or repair contracts. No minimum is required for the purchase contracts. All specifications will be written to allow free and open competition except when dictated by specific All proprietary/single source requirements must be accompanied with detailed written justification to  $90,000.  requirements also cover. lease-purchase contracts.  full days before the date oft the opening of bids.  make, model, or design.  Purchasing for consideration and approval prior to bidding.  17    City ofD Dunn  Purchasing Policy and Contract Procedures Handbook  OTHER PROCUREMENT METHODS  In addition to Informal and Formal Bid Process, the following procurement methods some ofwhich are exceptions to the statutory bidding requirements (see page 39)- are available: A. STATECONTRACTS: (G.S. 143-129(e)(9)) State Contracts are established by the State Division ofPurchase: and Contract to obtain more favorable prices through volume purchasing, reduce lead time and administrative effort. City departments may utilize the State of] North Carolina Department of Administration Purchase and Contract Division whenever possible for procurement of capital and non-capital items. This system expedites the purchase of goods since the state has already received quotes from formal and informal bids, the City doesn't have to do this step and it satisfies North Carolina Examples of goods on state contract are: law enforcement vehicles, office furniture, copiers, janitorial supplies, and office supplies. To view vendors under the state contract, go to: htps/hadaancgowdisomsbushusanraclsutewideiem  General Statutes.  contracts  B. SOLESOURCE PURCHASES: (G.S. 143-129(e)(6)) Sole Source is available "when performance or price competition for a product are not available; when a needed product is available from only one source of supply; or when standardization or compatibility is the A: sole source purchase is aj procurement of materials or services that are available form only one Items that are available from one source due to patents, copyrights, secret processes, etc... The Films, manuscripts, or books published and available from only one source.  overriding consideration".  source including: following are examples:  Electricity, gas, water, and other utility services Captive replacement parts or components for equipment person holding exclusive distribution right to the materials. Maintenance services required to maintain warranty coverage.  Books, paper, and other library materials for a public library that are available only from the  A: sole brand purchase is the procurement of materials or services ofaj particular specified brand that may be available from multiple sources. A sole brand is the result ofa competitive solicitation of equipment or competing brands to determine the best brand. Usually, a brand is selected to standardize purchases over aj period of time when an investment must be made such as specialized All sole source purchases require Finance Officer approval and approval by the City Council.  training.  18    City ofDunn  Purchasing Policy and Contract Procedures Handbook  . PIGGYBACKING: (G.S. 143-129(g)) allows municipalities, counties, or other subdivisions to piggyback for supplies, materials, or equipment from another entity that has within the previous 12 months, completed a formal bid process, to purchase similar supplies, materials, or equipment ifa agreed upon by the vendor. Requires Board approval and advertisement of D. COMPUTER HARDWARE & SOFTWARE: (G.S. 143-129(e)(7). All requisitions for computer hardware, software, peripheral, cameras, phones, and electronic equipment shall have prior approval from the Information Technology Department prior to submission of E. EMERGENCY, PROCUREMENTS: (G.S. 143-129(e)(2)) allows for an exception to the Formal Bid procedure "in cases of special emergency involving the health and safety ofthe people or their property". Emergency purchases must be documented to the Purchasing Agent 1. Emergency purchasing permission is granted only in extreme cases. During normal working hours, if, in the judgment of the Department Head, an emergency arises which necessitates immediate purchase of materials or services to continue with department operations, he notifies the purchasing agent oft the emergency purchase. The purchasing agent will notify the City Manager, who will contact the Mayor and City Council to declare an emergency. Upon approval, the purchasing agent will approve emergency items for purchase. Requisitions shall be completed for any emergency purchase the 2. After working hours, the Department Head will decide if an emergency exists and, in such case, will authorize the necessary emergency purchase. Requisitions shall be completed for any emergency purchase the following working day with an explanation 3. In all cases, ift the Department Head is not available, the decision regarding emergencies will be made by the City Manager. These procedures apply to all City departments. 4. Emergency procedures are not intended for purchases required because of failure to anticipate normal needs. Work should be planned in advance and material requirements determined sO that items can be requisitioned as a regular purchase.  intent to award.  requisition toj purchasing.  in addition to obtaining al Purchase Order.  following working day with an explanation attached.  attached.  F. FEDERAL GOVERNMENTSURPLUSSTORE  When items are obtained from the federal surplus store, the amount paid for them represents simply the cost oftransferring them to the City. Such items are, therefore, not purchased, but transferred, and the purchasing agent assumes full responsibility for all surplus items. As such, these items must remain on City property or premises at all times. If government officials wish to inspect any ofthese items, the purchasing agent will be contacted and must be familiar with the items and their location. Therefore, the purchasing agent will check periodically with departments that utilize  such items and equipment.  19    City ofDunn  Purchasing Policy and Contract Procedures Handbook  CONTRACTS  The original contract is to be signed by the vendor and returned to the City for approval signatures. All contracts are to be processed through the computerized purchase requisition process. The City has two standard templates for contracts = one for non-federal funds (Appendix D) and one for federal funds (Appendix E). The use of these standard contract templates does not require City Attorney review, provided no changes are made to them. All other contracts require review by the Services that are mechanical, technical, or maintenance oriented for which City Departments do not have staffare normally handled through various contracts. Some specific examples of service contracts are: air conditioning maintenance, termite treatment and control, window washing, machine shop services, rental ofhauling equipment, copier machine maintenance, etc. Supply contracts provide a list of goods and supply items, their source of supply, prices to be charged, All contracts must be pre-audited prior to execution by the finance officer or Senior Accountant as required by G.S. 159-28. Contracts without this certification are invalid. This Certification is as  City Attorney.  terms and conditions, and other pertinent information.  follows:  "This Instrument has been pre-audited: in the manner required by the Local  Government Budget and Fiscal Control. Act.  Finance Director *  All contracts are to be entered by the requesting department, into the Tyler accounting system asa requisition. Funds in the amount oft the total contract for the fiscal year shall be encumbered on the general ledger. Requisitions charged to general ledger accounts with insufficient budget appropriation An original copy oft the fully executed contract will be returned to vendor and forwarded to the City Clerk. A copy of the contract will be retained in the Purchasing Office and a copy returned to the department. The Department is responsible for the supervision of services rendered under service  balance will be returned to the department.  contracts. City Council  CONTRACT AUTHORITY  The City Council must approve all purchases and contracts that meet any oft the  following criteria:  a) Contracts or purchases subject to statutory bid thresholds. b) Contracts with terms greater than one year.  Contracts suggesting a significant policy change as determined by the City Manager.  20    City ofDunn  Purchasing Policy and Contract Procedures Handbook  City Manager The City Manager shall:  b. Execute contracts within specific budget appropriations.  Execute contracts up to $10,000 with no specific budget appropriation. d. Execute contracts for temporary hires outside of normal business routine.  e. Execute change orders to contracts up to 5% ofthe original amount, or if the amount is allowed in In an emergency, may enter into contractual agreements for any amount provided the contract is presented to the City Council, at the earliest possible date, for review. An emergency is defined as as sudden or unexpected occurrence which jeopardizes the safety of the City's  sections a through C above.  citizens. City Clerk  The City Clerk shall attest the signature oft the City Manager or authorized City representative.  CONTRACT ADMINISTRATION  In contracting for goods and services, the City commits to making payments from appropriated funds. These committed funds are said to be encumbered. The purpose of recording encumbrances in the accounting system is to find out whether a particular contract or purchase will cause an appropriation tol be overspent. The encumbered portion of an appropriation is unavailable for aj proposed expenditure as ifit had already been expended. Once a contract is completed or a purchase order filled, the encumbrance is removed and replaced by an expenditure or liability. Basically, there are three types of contracts into which the City may enter:  Types of Contracts  1. Current Contracts in which the goods and services are provided during the current fiscal 2. Continuing Contracts in which aj part or the entire contract is performed in ensuing fiscal 3. Requirements Contracts result when a unit enters into a contract under which a vendor agrees to supply aj particular commodity at a fixed price. An example ofar requirements contract is an agreement to provide a day care service for a child. In a requirements contract the unit is not obligated to buy anything, and therefore, such a contract need not  year. years.  be pre-audited.  Contracts, unlike purchase orders, vary greatly in content and complexity. Most contracts are negotiated at the department level by people with the technical expertise necessary to deal with the specific issue under consideration. The Finance Department, therefore, will not be required to negotiate all contracts. This function will somewhat continue at the departmental level where the All contracts and agreements negotiated must be sent to the Finance Department forj processing, both fori internal control and statutory purposes. This is very important because under the provisions of General Statute 159-28(a), any contract, agreement, or purchase order that does not  expertise lies.  21    City ofI Dunn  Purchasing Policy and Contract Procedures Handbook  include on its face aj pre-audit certificate signed by the City's Financel Director (Officer) or bya a Deputy Finance Officer approved for this purpose by the Governing Board is invalid and may not  be enforced.  PROHIBITED PURCHASING PRACTICES  Commitment ofCity funds without an approved purchase order or pre-audited contract is prohibited, and such commitment will not be honored for payment as provided by G.S. 159- 28. Any individual who engages in aj prohibited purchasing practice is hereby notified that he or she is risking their personal funds only, and not the funds oft the City. This policy applies to all funds on deposit with City, regardless oft the source. Lack of knowledge of proper procedures, or aj perceived lack oftime to follow them, when circumstances do not indicate that a true emergency existed, will result in the return of all payment requests, expense reimbursements or requisitions for handling by the individual making the charge, or the individual approving it after the fact within the department. Order Splitting Prohibitions: Dividing contracts or purchases in order to evade procedures is  prohibited under this Handbook and G.S. 143-133.  BEST VALUE PROCUREMENT  Personnel authorized to make procurements on behalf oft the City shall determine in his/her best judgment the most appropriate and effective method of acquisition for each assigned requisition or request for purchase. In making this determination, authorized personnel will have a variety of procurement options, including, but not limited to: North Carolina State Contract, NIGP (National Institute of Governmental Purchasing) Purchasing Cooperatives (i.e. U.S. Communities; Western States Contracting Alliance [WSCA]; National Intergovermental Purchasing Alliance [NIPA]), Group Purchasing Contracts, Open Market Procurements (OMP), Catalogue Purchases, and other "Piggyback" contracts per North Carolina local cities and City governmental agencies. The Department's objective is to acquire the product or services meeting the needs of the end user while  ensuring that the procurement achieves:  (1) Compliance with the specification and departmental needs; and,  (2) "Best Value"  In determining "Best Value" consider:  Purchase price Delivery  Reputation of the vendor and the vendor's goods or service Quality oft the vendors goods or services Vendors past relationship with City  Extent to which the goods or services meet City needs; that meet or exceed product standards established by any ruling regulatory agencieslcommisions.  22    City ofDunn  Purchasing Policy and Contract Procedures Handbook  Impact on the ability of City of Dunn to comply with the laws and rules relating to the HUB (Historically Underutilized Business program) for construction contracting. Impact on the ability of City to comply with the laws and rules relating to the procurement of commodities, goods, and services from persons with disabilities. Long term cost ofCity acquiring the vendor'sgoods or services.  23    City ofI Dunn  Purchasing Policy and Contract Procedures Handbook  APPENDIX A  EXCEPTIONS TOI PURCHASES OVER $1,200  The items below may cost more than $1,200 and do not require competitive bidding or purchase Association dues- membership inj professional associations for City Departments or employees. 2) Training and conference registrations, travel accommodations and reimbursements,  order. They are to be procured and managed by the department.  conferences, etc. recreational centers.  3) Concession supplies supplies and materials required for operation of concessions, typically at 4) Government publications purchase of government publications offered by federal, state, 5) Recurring utility, elular/radiopager service, data, and telecom payments.  county, or municipal departments.  6) Landfill fees.  7) Legal payments - settlement of claims (authorized by the City Attorney but paid by and routed through Department affected); lawyers' and legal fees; warrant, lien, and continuance fees; real  estate purchases and condemnations. 8) Debt service payments.  9) Fiscal Agents' fees when acting on behalf oft the Department of Finance for the payment of interest and the redemption of negotiable bonds and similar functions, notary fees, filing fees, 10)1 Bond services - professional and technical services required in connection with the issuance of  etc.  the City ofI Dunn bonds.  II)Expenditures remitted against balance sheet accounts. 12)1 Interlocal Agreements with other government agencies.  13)Commissions or fees to banks and sub-stations acting as collecting or selling Departments for utility payments, license sales, payments to City Boards or Commissions for services rendered. 14)Professional services except where required by Statute. (Engineers and Architects will needa  purchase order). 15)Insurance premiums.  24    City ofDunn  Purchasing Policy and Contract Procedures Handbook  16) Medical examinations.  17)Postage, permits, licenses, and recording fees.  18)Clothing allowance forj personnel such as police officials required to use civilian clothing. 19) Rental payments for property, safety deposit boxes and other similar facilities. 20)City sponsored conferences, room deposits, hotel-motel, and banquet expenses. 21)Professional books when required in the performance of assigned duties. 22) Refunds including taxes, bid deposits, cancelled courses and payroll related.  23)Services for labor through temporary service agencies. 24) Property tax notices for city owned property. 25) Renewal Maintenance Agreements for office equipment.  26) Funds budgeted for contributions to other governmental entities and community programs.  27) Funds for drug investigation expenses (undercover drug purchases).  Note: The above listing includes the most common exceptions. There may be other items that are not listed that would qualify as an exception to the $1,200 limit. Please contact the Purchasing Department for  further information and approval.  25    City ofDunn APPENDIXI B  Purchasing Policy and Contract Procedures Handbook  OUTREACH PLAN AND GUIDELINES FOR RECRUITMENT AND SELECTION OF HUB AND MWBE BUSINESSES FOR PARTICIPATION IN CITY BUILDING CONSTRUCTION In accordance with G.S. 143-128.2 these guidelines establish goals for minority participation in single-prime bidding, separate-prime bidding, Construction Manager-at-Risk, and alternative contracting methods on City of] Dunn building construction projects in the amount of $500,000 or more City of Dunn's current goal for minority and women-owned participation for public building construction is ten percent (10%) each. The overall goal will be reviewed annually, or as soon as  CONTRACTS  ($100,000 or more ifthe City receives State funds for the project).  relevant data is available. INTENT  The intent oft these guidelines is that the City ofDunn, as awarding authority for construction projects, and the contractors and subcontractors performing the construction contracts awarded, shall cooperate and in good faith do all things, legal, proper and reasonable to achieve the goal oft ten percent (10%) for participation by minority businesses in each construction project. Nothing in these guidelines shall be construed to require contractors or awarding authorities to award contracts or subcontracts to or to make purchases of materials or equipment from minority-business contractors or minority-business: subcontractors who do not submit the lowest responsible, responsive bid or bids.  DEFINITIONS is:  1. Minority aj person who is a citizen or lawful permanent resident oft the United States and who a. Black, that is, a person having origins in any oft the black racial groups in Africa; b. Hispanic, that is, a person of Spanish or Portuguese culture with origins in Mexico, South or Central American, or the Caribbean Islands, regardless of race; Asian American, that is, aj person having origins in any of the original peoples of the Far East, Southeast Asia and Asia, the Indian subcontinent, or the Pacific Islands; d. American Indian, that is, aj person having origins in any ofthe original peoples ofNorth  America; or e. Female  2. Minority Business means a business:  a. In which at least fifty-one percent (51%) of the ownership interest is held by one or more minority persons, or in the case ofa corporation, in which at least fifty- one percent (51%) oft the stock is owned by one or more minority persons, disabled individuals, or socially and economically disadvantaged individuals; and  26    City ofDunn  Purchasing Policy and Contract Procedures Handbook  b. Ofwhich the management and daily business operations are controlled by one or more oft the minority persons, disabled individuals, or socially and economically  disadvantaged individuals who own it.  3. Socially and economically disadvantaged individual - means the same as defined in 15U.S.C. 637. "Socially disadvantaged individuals are those who have been subjected to racial or ethnic prejudice or cultural bias because oftheir identity as a member ofa group without regard to theiri individual qualities". "Economically disadvantaged individuals are those socially disadvantaged individuals whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same 4. Public Entity - means State (and all political subdivisions thereof) and local government units.  business area who are not socially disadvantaged".  5. Owner - City of Dunn.  6. Designer - Any person, firm, partnership, or corporation, which has contracted with City of 7. Bidder- Any person, firm, partnership, corporation, association, or joint venture seeking to be 8. Contract-1 A mutually binding legal relationship, or any modification thereof, obligating the seller to furnish equipment, materials or services, including construction, and obligating the 9. Contractor Any person, firm, partnership, corporation, association, orj joint venture which has contracted with the City ofDunn to perform construction work or repair. 10. Subcontractor - A firm under contract with the prime contractor or Construction Manager-at- Risk to supply materials, or labor and materials, and/or installation in connection with a city building construction or repair contract. The subcontractor may or may not provide materials  Dunn to perform architectural or engineering work. awarded aj public contract or subcontract.  buyer to pay for them.  int the subcontract.  The City of Dunn will employ the following strategies to encourage participation from HUB and 1. Work with minority-focused business groups in an attempt to recruit minority business 2. Emphasize the importance ofs soliciting certified HUB firms and small businesses for subcontracting opportunities at pre-bid conferences and in the bid documents. Examine specifications to identify special subcontracting opportunities and strongly encourage prime  MWBE's:  participation in contracts/bids.  contractors to solicit bids for subcontracts from HUB firms.  27    City ofDunn  Purchasing Policy and Contract Procedures Handbook  3. Provide information to majority contractors concerning the Guidelines for Recruitment and Selection of Minority Business and Outreach Plan and provide information on the procedure for letting of public contracts under G.S. 143-129 by holding meetings with the contractors. 4. Assess the effectiveness oft the Outreach Plan by evaluating HUB participation and compliance 5. Identify subcontracting opportunities unique to each construction contract and project and concentrate heavily on targeting certified HUB firms and small businesses that have expressed an interest in City of Dunn projects. Identify these opportunities, contact interested businesses no later than 10 days prior to the bid opening and provide a list of prime contractors planning 6. Build new business relationships through networking with other North Carolina cities and 7. Offer training sessions to share the City's Outreach Plan with interested business  and reviewing the "good faith efforts" provided in bid packages.  top participate in the project.  counties and sharing ideas to improve the Outreach Plan.  organizations.  8. Post the Outreach Plan and Guidelines on the City's website, listing good faith efforts, creating links to HUB resources, and creating awareness ofs specific subcontracting opportunities. 9. Maintain a database specifically for HUB firms to ensure that those businesses are notified of  bid opportunities.  10. Advertise upcoming bid opportunities in minority-focused media. more easily understood by potential contractors and subcontractors.  11. Work with architects and engineers to make subcontracting opportunities more noticeable and  Designer  Under the single-prime bidding, separate prime bidding, dual bidding, Construction Manager-at- Risk,  ora alternative contracting method, the Designer must do all the following: a. Attend the scheduled prebid conference to explain minority business b. Assist the bidders and potential bidders to identify and notify prospective minority business prime and subcontractors of potential contracting  requirements to the prospective bidders.  opportunities.  Maintain documentation of any contacts, correspondence, or conversations with minority business firms made in an attempt to meet the goals.  28    City ofDunn  Purchasing Policy and Contract Procedures Handbook  d. Review jointly with the owner all requirements ofG.S. 143-128.2(c) and G.S. 143-128.2(f) - (i.e. bidders' proposal for identification oft the minority businesses that will be utilized with corresponding dollar value oft the bid and affidavit listing Good Faith Efforts or affidavit of self-performance of work, ifthe contractor will perform work under contract by its own workforce) -1 prior to During the construction phase oft the project, review "HUB Documentation for Contract Payment" form with monthly pay applications to the owner and forward  recommendation of an award.  copies to the City of Dunn.  Prime Contractors(s). CM at Risk and Its First-Tier Subcontractors and alternative contracting methods, contractor(s) must do all oft the following:  Under the single-prime bidding, the separate-prime bidding, dual bidding, Construction Manager-at- Risk  a. Attend the scheduled pre-bid conference.  b. Identify or determine those subcontractor work areas where minority businesses At least ten (10) days prior to the scheduled day of bid opening, notify minority businesses of potential subcontracting opportunities listed in the proposal. The 1. A description oft the work for which the sub bid is being solicited. ii. The date, time, and location where sub bids are to be submitted. iii. The name oft the individual within the company who will be available to answer questions about the project. iv. Where bid documents may be reviewed. V. Any special requirements that may exist, such as insurance, licenses, bonds, and financial arrangements.  may have an interest inj performing subcontract work.  notification must include all ofthe following:  d. During the bidding process, comply with the contractor'sr requirements listed in Identify on the bid the minority businesses that will be utilized on the project with corresponding total dollar value oft the bid and affidavit listing good faith efforts as required by G.S. 143-128.2(c) and G.S. 143-128.2(f) or Intent to Make documentation showing evidence of implementation of Prime Contractor, Construction Manager-at-Risk and First Tier Subcontractor responsibilities Provide one of the following upon being named the apparent low bidder: (I)an affidavit that includes a description oft the portion of work to be executed by minority businesses, expressed as a percentage oft the total contract price, which ise equal to or more than the applicable goal. This affidavit shall give rise to a  the proposal for minority participation.  Perform Contract With Own Workforce affidavit.  available for review by City of Dunn upon request.  29    City ofI Dunn  Purchasing Policy and Contract Procedures Handbook  presumption that the bidder has made the required good faith effort; or (2) ift the percentage is not equal to the applicable goal, then documentation of all good faith efforts taken to meet the goal. The documentation must include evidence of all good faith efforts that were. implemented, including any advertisements, solicitations, and evidence of other specific actions demonstrating recruitment and selection of minority businesses for participation in the contract. Failure to comply with these requirements is grounds for rejection oft the bid and award to h. Identify the name(s) of minority business subcontractor(s) and corresponding Submit with each monthly pay request(s) and final payment(s), "HUB Documentation for Contract Payment" for Designer's review. Ifat any time during the construction ofay project, it becomes necessary to replace a minority business subcontractor, immediately advise the owneri in writing of the circumstances involved. The prime contractor: shall make a good faith effort to replace a minority business subcontractor with another minority Make a good faith effort to solicit sub bids from minority businesses during the construction ofaj project ifa additional subcontracting opportunities become  the next lowest responsible and responsive bidder. dollar amount ofwork on the schedule of values.  business subcontractor.  available.  Minority Business Responsibilities  Certification  City ofDunn doesnot certify minority, disadvantaged or woman-owned businesses. Any business which desires to participate as an HUB will be required to complete, and submit for certification, documents required by the agencies listed below. Only those firms holding current certification through at least one of the following agencies will be considered eligible for inclusion in meeting the 1. North Carolina Administration Department Historically Underutilized Business 2. North Carolina Department ofTransportation MimnyDshmgeNomn  HUB participation percentage goals:  (HUB) certification.  owned Business certification.  3. Small Business Administration 8(a) certification. 4. Other governmental agencies on a case-by-case basis.  A copy ofthese guidelines will bei issued with each bid package for City of Dunn building construction  projects. These guidelines shall apply to all contractors regardless of ownership.  30    City ofDunn  Purchasing Policy and Contract Procedures Handbook  Other Responsibilities  Minority businesses that are contacted by owners or bidders must respond promptly whether or not  they wish to participate ini the bidding.  MINIMUM HUB COMPLIANCE REQUIREMENTS  All written statements, affidavits or intentions made by the Bidder shall become a part oft the agreement between the Contractor and City ofDunn for the performance oft the contract. Failure to comply with any oft these statements, affidavits, or intentions, or with the minority business guidelines shall constitute a breach of contract. A finding by the City that any information submitted either prior toa award of the contract or during the performance oft the contract, is inaccurate, false, ori incomplete, shall constitute a breach of the contract. Any such breach may result in termination oft the contract in accordance with the termination provisions contained in the contract. The City ofDunn shall determine, in the exercise ofi its sole discretion, whether to terminate the contract for breach. In determining whether a contractor has made Good Faith Efforts, the City ofDunn will evaluate all efforts made by the Contractor and will determine compliance in regard to quantity, intensity, and results of these efforts. Bidders must earn at least 50j points from the good faith efforts listed below in 1. Contacting those minority businesses reasonably expected to submit a quote and known or identified to the contractor, or available on State or local sovermment-mainained lists, at least 10 days before the bid or proposal date and notifying them oft the nature and scope oft the 2. Making the construction plans, specifications, and requirements available for review by prospective minority businesses or providing these documents to them at least 10 days before 3. Breaking down or combining elements ofwork in economically feasible units to facilitate 4. Working with minority trade, community, or contractor organizations identified by the Office for Historically Underutilized Businesses and those included in the bid documents to provide 5. Attending any pre-bid meetings scheduled by the public owner. (Value = 10 points) 6. Providing assistance in obtaining required bonding, insurance, or providing alternatives to 7. Negotiating in good faith with interested minority businesses and not rejecting them as unqualified without sound reasons based on their capabilities. Any rejection ofa minority business based on lack of qualification shall have the reasons documented in writing.  order for their bids to be considered responsive:  work to be performed. (Value = 10 points)  the bid or proposals are due. (Value = 10 points) minority participation. (Value = 15 points)  assistance in recruitment of minority businesses. (Value = 10 points)  bonding or insurance for subcontractors. (Value = 20 points)  (Value = 15 points)  31    City ofDunn  Purchasing Policy and Contract Procedures Handbook  8. Providing assistance to an otherwise qualified minority business in need of equipment, loan capital, lines ofc credit, or joint pay agreements to secure loans, supplies, or letters of credit, including waiving credit that is ordinarily required. Assisting minority businesses in obtaining the same unit pricing with the bidder's suppliers in order to help minority businesses in 9. Negotiating, joint venture and partnership arrangements with minority businesses in order to increase opportunities for minority business participation on aj public building construction or 10. Providing quick pay agreements and policies to enable minority contractors and suppliers to Failure to file a required affidavit or document demonstrating that the contractor made the required  establishing credit. (Value = 25 points)  repair project when possible. (Value = 20 points) meet cash-flow demands. (Value = 20 points)  good faith effort is grounds for rejection oft the bid.  DISPUTE RESOLUTION PROCEDURES  Pursuant to G.S. 143-128(f1), all disputes involving contractors on a building construction project with the City ofl Dunn shall be resolved pursuant to the State ofNorth Carolina Policy G.S. 143-135.26(11).  32    City ofDunn  Purchasing Policy and Contract Procedures Handbook  APPENDIX C  FORMAL and INFORMAL BIDS  All formal bids will be sent out by the Finance Department as the authorized representative of the City. Bids will be opened and tabulated by the purchasing office. When architects or engineers are employed toj perform this service on construction bids, the purchasing agent should be present at bid openings, when possible, receive copies of the public notice and bids and prepare a recommendation for the award ofal bid. Certain requirements must be followed in the formal bid process: 1. Written specifications must be prepared. Efficient purchasing practices require buying in accordance with carefully developed specifications. For purchases of fairly standard items, development ofe elaborate specifications is not necessary, but simple, standard specifications are in order. Good, clear specifications are an essential aspect of competitive bidding. Quality and service are as important as price; therefore, specifications are needed that will fulfill but not exceed the requirements for which the items and/or services are intended. A general policy should be followed which would encourage thej purchasing of a good, standard product which represents the best relationship between quality and price while providing a satisfactory level ofs service. Specifications are prepared by the purchasing office with input from the ordering department to ensure that the products purchased fill the need. A lengthy specification designed solely for the purpose of eliminating competition, other than those able tos supply a particular brand name, will not be permitted. Brand names should be used only when no other product would be satisfactory. Sole Sources justification must be provided to limit to a specific brand (see Finance Department for "Sole Source Justification" form) 2. Bids must be advertised for prospective bidders. Advertisements must be published on the City's WEB site sO there are seven full days between the date of thej publication and the date of the opening oft the bids. It willl be purchasing responsibility to maintain a vendor list and notify all parties on the vendor list for applicable projects. The advertisement must contain the time and place where plans and specifications may be obtained and the time and place for opening oft the proposals. On all construction contracts, the advertisement must also contain a 3. Prospective bidders must submit sealed bids. Unless the invitation to bid states differently, bids must be sealed, and the contents must not be disclosed or exhibited prior to the time set for the bid opening. Bids must be properly marked "BID" with bid title, opening date on 4. Except under the conditions in subsections (4)(a) and (4)(b) oft this section, the City Council must accept bids and award contracts. Bid results must be presented to the City Council for acceptance and contract award. The City Council reserves the right to reject any orall a. The City Council is authorized to award formal bids for purchase contracts of  notice that bidders must be properly licensed under G.S. Ch. 87.  outside of envelope and any other applicable information.  proposals.  $90,000.00 or more within the following guidelines: The bid is awarded to the lowest responsible bidder.  33    City ofDunn  Purchasing Policy and Contract Procedures Handbook  ii. Sufficient funding is available within the department.  iii. The purchase is consistent with the goals and/or outcomes of the department. iv. Project is approved in the budget or adoption of project ordinance by City Council b. Bids may be rejected for any reason determined by the City Council or the City Manager, under their authority, for any reason determined to be in the best interest oft the City. However, the bid shall not be rejected for the purpose ofevading the provisions ofG.S.  143-129.  Request for Proposal (RFP) trainers, and doctors.  Requests for proposals (RFPs) are normally used when the service ofa a professional individual or firm isi required by the City, including but not limited to accountants (CPAs), attorneys, IT specialists,  When utilizing the request for proposal method, the following shall apply:  1. RFP should be drawn up by the appropriate department with the assistance oft the purchasing office in such a manner as the department deems appropriate to solicit responses from  providers.  2. RFP should be distributed to potential contractors by the purchasing office. 3. The purchasing agent and department will evaluate responses to RFP and decide on a particular individual or firm that best meets the requirement of the RFP. 4. Contract and purchase order will be issued. Ifa contract is used, it must first be sent to the finance director for pre-audit and to the staffattorney to approve as to form. 5. RFP for information technology goods and services must meet the following minimum  requirements:  a. Notice ofthe request for proposals shall be given ina accordance with G.S. 143-129(a) b. Contracts shall be awarded to the person who or entity that submits the best overall proposal as determined by the awarding authority. Factors to be considered in awarding service contracts shall bei identified ini the requests for proposals. The "best value" process as stipulated in G.S. 143-135.9 for information technology procurement may be used to award the contract. The term "best value procurement" means the selection of the contractor based on a determination of which proposal offers the best trade-offb between price and performance, where quality is considered City staff may negotiate with any proposer in order to obtain a final contract that best meets the needs of the City. Negotiations allowed under this section shall not alter the contract beyond the scope of the original request for proposals in a manner that: Deprives the proposers or potential proposers ofai fair opportunity to compete for  Procedure for letting of Public Contracts.  an integral performance factor. (See "Best Value" determination)  the contract; and  34    City ofDunn  Purchasing Policy and Contract Procedures Handbook  Would have resulted in the award of the contract to a different person or entity if the alterations had been included in the request for proposals. Proposals submitted under this section shall not be subject to public inspection until the  contract is awarded pursuant to G.S. 143-129.8.  Formal Bid for Construction proposal monetary limits (Construction)  1. When required. Formal procedures must be followed when the purchase requires an estimated expenditure of $90,000.00 or more for apparatus, supplies, materials, or equipment. For construction, repairs and renovation, formal bid procedures must be followed if the project requires an estimated expenditure of $500,000.00 or more, except where the work is to be done by City personnel (force account) and the total cost of the project will not exceed $125,000.00, including all direct and indirect costs, or if the labor does not exceed $50,000.00. Bidding requirements will still apply to apparatus, supplies, materials, or equipment purchased for use on force account projects. Force account labor must be approved by the City Council, and a record 2. Minority and Woman Owned Enterprise Firms; separate specifications and contracts. Ifthe cost for the construction ofal building is estimated at $500,000.00 or more, the City has establisheda a ten percent goal for participation by minority and woman owned enterprise firms in the total value ofwork for which a contract is awarded pursuant to G.S. 143-128. Inaddition, for projects totaling $500,000.00 or more, separate specifications and contracts must be prepared for the a. Heating, ventilating, air conditioning and accessories and/or refrigeration for cold storage (where the cooling load is 15 tons or more ofrefrigeration).  ofall costs must be maintained for public inspection.  following areas of work:  b. Plumbing and gas fittings and accessories. Electrical wiring and installations.  d. General work not included in the three areas in subsections (2) (a-c) of this section. 3. Contracting methods. For building construction or building repair projects $500,000.00 and above, bids may be received by using (i) single-prime, (ii) separate- prime, (ii) dual bidding, (iv) construction management-at-risk contract or (v) alternative contracting methods authorized 4. Single-prime. All bidders in a single-prime project shall be required to identify on their bid the contractors they have selected for the subdivisions or branches of work for: heating, ventilating, and air conditioning; plumbing; electrical; and general. The contract shall be awarded to the lowest responsible, responsive bidder, taking into consideration quality, performance, the time specified in the bids for performance of the contract, and compliance with G.S. 143-128.2. A contractor whose bid is accepted shall not substitute any person as subcontractor in the place of  pursuant to G.S. 143-135.26(9) in accordance with the following:  the subcontractors listed in the original bid, except:  35    City ofDunn  Purchasing Policy and Contract Procedures Handbook  a. Ifthe contractor later determines the listed subcontractor's bid to be non-responsible or nonresponsive, or the listed subcontractor refuses to enter into a contract for the b. With the approval oft the City Council for good cause shown by the contractor. When acontract is awarded using the single-prime method, the City shall make the dispute  complete performance ofbid order; or  resolution process available to subcontractors.  5. Separate-prime. Bids shall be accepted for each subdivision of work for which specifications are required to be prepared, and bids shall be awarded separately to responsible and reliable persons regularly engaged in their respective lines of work. Each separate contractor shall be directly liable to the City and to the other separate contractors for the full performance of all duties and obligations due under the terms of the contract. Contracts shall be awarded to the lowest, responsible, responsive bidders, taking into consideration quality, performance, the time specified in the bids for performance of the contract and compliance with G.S. 143-128.2. 6. Dual bidding. Bids may be received to erect, construct, alter or repair a building under both the single-prime and separate-prime contracting systems, and the contract shall be awarded to the lowest responsible, responsive bidder under the single-prime system or to the lowest responsible, responsive bidder under the separate-prime system, taking into consideration quality, performance and compliance with G.S. 143-128.2 and time specified in the bids to perform the contract. In determining the system under which the contract will be awarded to the lowest responsible, responsive bidder, the cost of construction oversight, time for completion, and other factors the City considers appropriate may be considered. The bids received as separate-prime bids shall be received, but not opened, no less than one hour prior to the deadline for the submission of single-prime bids. The amount ofal bid submitted by as subcontractor tot the general contractor under the single-prime system shall not exceed the amount bid, ifany, for the same  work by that subcontractor under the separate-prime system.  7. Construction management contracts.  a. Construction management services. The term "construction management by services" means services provided a construction manager, which may include preparation and coordination of bid packages, scheduling, cost control, value engineering, evaluation, preconstruction services, and construction administration. b. Construction management-ar-risk services. The term construction management-at- . Provides construction management services for a project throughout the  risk services" means services provided by aj person who: preconstruction and construction phases. ii. Is licensed as a general contractor; and ii. Guarantees the cost oft the project.  36    City ofDunn  Purchasing Policy and Contract Procedures Handbook  8. Construction manager-al-risk The construction manager-at-risk shall contract directly with the City for all construction, shall publicly advertise, and shall pre-qualify and accept bids from first- tier subcontractors for all construction work. The construction manager-at-risk shall address quality, performance, the time specified in the bids for performance of the contract, the cost of construction oversight, time for completion, capacity to perform, and other factors deemed appropriate by the City. The City shall require the construction manager at risk to submit its plan for compliance with G.S. 143-128.2 for approval by the City Council prior to soliciting bids for the project's first-tier subcontractors. A construction manager-at-risk and firt-liersubcontractors shall make a good faith effort to recruit and select minority businesses for participation in contracts pursuant to G.S. 143-128.2. A construction manager-at-risk may perform a portion of  the work only if:  a. Bidding produces no responsible, responsive bidder for that portion of  the work, the lowest responsible bidder will not execute a contract for the bid portion of the work or the subcontractor defaults and a prequalified replacement cannot be  obtained in a timely manner; and  b. The City approves of the construction manager-at-risks performance of the work. All bids shall be opened publicly and once they are opened are public records. The construction manager-at-risk shall act as the fiduciary ofthe City in handling and opening bids. The construction manager-at-risk shall award the contract to the lowest responsible, responsive bidder, taking into consideration quality, performance, the time specified in the bids for the performance oft the contract, the cost of construction oversight, time for completion, compliance with G.S. 143-128.2, and other factors deemed appropriate by the City and advertised as part oft the bid solicitation. The City may require the selection of a different first-tier subcontractor for any portion of the work, provided the construction manager-at-risk is compensated for any additional cost incurred. When contracts are awarded using this method, the City shall provide for a dispute resolution procedure as provided in G.S. 143-128(g). The construction manager-at-risk shall  provide a performance and payment bond to the City.  9. Alternative contracting method. Local governments can seek authority to modify bidding requirements for particular projects, specifically design-build projects for building construction. 10. Performance and payment bonds. When the total amount of construction contracts for any one project exceeds $300,000.00, performance and payment bonds are required for each contract that exceeds $50,000.00. Nol bid for construction or repair work valued at $500,000.00 or above may be considered or accepted unless, at the time of the submittal, it is accompanied by a deposit in the form of cash or certified check, in an amount equal to not less than five percent of the proposal. In lieuo ofmaking a cash deposit, the biddermay file a bid bond executed by a corporate surety licensed under the laws of the state. The successful contractor shall be required to submit performance and payment bonds to secure the faithful performance oft the terms of the contract  and the payment of all sums due for labor and materials.  37    City ofDunn  Purchasing Policy and Contract Procedures Handbook  11. Reporting requirements. City staff shall report to the secretary of the department of administration the cost and effectiveness of the method used under this section. Reports shall  include the following information: a) The method used. b) The total value of each project. C) The bid costs and relevant post-bid costs. the contractor was selected.  d) A detailed listing ofa all contractors and subcontractors used on the project, including identification of whether the contractor was an out ofs state contractor and the reasons why  12. Dispute resolution for building construction projects. The City shall provide dispute resolution procedures for all building construction or repair projects. The dispute resolution procedures are available to all parties involved in the construction project, including the architect, the construction manager, and the contractors, including all levels ofs subcontractors, and is available for any issue arising out of the contract or construction process as long as the matter in dispute  is$15,000.00 or more.  13. Minority participation, for building construction projects (formal bids).  Contractors, including first-tier subcontractors on construction management-at- risk projects, must identify on their bids the minority businesses they will use on the project and the total dollar value of the bid that will be performed by minority businesses. They must also include an affidavit listing the good faith efforts they have made. Ifcontractors intend to perform all ofthe work with their own forces, they may b) After bids are received, the apparent lowest responsible bidder must provide either: An affidavit describing the portion of the work to be executed by minority businesses, expressed as a percentage of the total contract amount showing a percentage equal to or more than the applicable goal on the project; or ii. Documentation of good faith efforts to meet the goal, including any advertisements, solicitations, and evidence of other specific actions demonstrating recruitment and selection of minority businesses for participation in the contract. Within 30 days after a contract is awarded, the successful contractor must list all identified subcontractors that will be used on the project. Failure to provide the affidavit or documentation required to demonstrate good faith efforts is grounds for  submit an affidavit.  rejection of a bid.  d) As subcontractor may not be replaced except:  38    City ofDunn  Purchasing Policy and Contract Procedures Handbook  When the subcontractor's bid is determined to be nonresponsible or nonresponsive or the subcontractor refuses to enter into a contract for the complete performance oft the  work; or  ii. With the approval of the City for good cause.  iii. When selecting a substitute contractor, the contractor must make and document good faith efforts. See guidelines and minority outreach plan, on file in the City offices.  Formal bid exceptions  The following are statutory exceptions to the Informal and Formal bidding requirements and may be 1. State of emergency. The City Council may set aside the normal requirements in an emergency involving the health and safety of people or their property. In such cases, the City Council may 2. Ifac contract for the purchase, lease or other acquisition of any apparatus, supplies, materials, or  considered as "other" procurement methods as shown on page 18.  let contracts as necessary in its discretion.  equipment is with the:  a. United States of America or any agency thereof; or  b. Any other governmental unit or agency thereofw within the United States.  3. Aj project is exempt from formal bidding ifit is a construction project that will not cost more than $125,000.00, including all direct and indirect costs, or if the labor does not exceed $50,000.00, and the work is to be done by the forces of the governmental unit involved. Bid requirements will still apply to apparatus, supplies, materials, or equipment purchased for use on force account projects. Force account labor must be approved by the City Council, and a record 4. Exemption from bidding is allowed for purchases from contractors who have, within the past 12 months, contracted to furnish the desired item to the federal government or any federal agency, another state government or agency, another local government or agency. The contractor must be willing to furnish the items at the same or more favorable prices, terms, and conditions as those provided under the contract with the other unit or agency. A prior contract must have been let under public bidding process substantially similarto G.S. 143-129, and the City Council must approve the contract at a regular meeting on ten days' notice, notwithstanding delegation of 5. Purchases are made through a competitive bidding group purchasing program, which is a formally organized program that offers competitively bid purchasing services at discount prices  ofall costs must be maintained for public inspection.  authority to award contracts. Notice may be published by electronic means.  to two or more public agencies.  39    City of Dunn  Purchasing Policy and Contract Procedures Handbook  6. Purchases using contracts established by the state or any agency oft the state, ifthe contractor is willing to extend to a political subdivision of the state the same or more favorable prices, terms, 7. Purchase ofused apparatus, supplies, materials, or equipment. For purposes of this subsection, remanufactured, or refabricated apparatus, supplies, materials, or equipment are not deemed to  or conditions as established in the state contract.  be "used," and are not included in this exception.  8. Guaranteed energy savings contracts, which are governed by G.S. 143-64.10 et seq. 9. Purchase ofinformation technology using contracts established by the state officeofinformation technology services as provided in G.S. 147-33.82(b) and 147-33.92(b). 10. Purchase of gasoline, diesel fuel, alcohol fuel, motor oil, fuel oil, or natural gas. These purchases 11. In accordance with G.S. 143-129, single-source items are exempt from bid procedures when performance or price competition for a product are not available, when a needed product is available from only one source of supply, or when standardization or compatibility is the overriding consideration. This subsection requires action by the City Council notwithstanding delegation of authority to award contracts and requires a record of justification for use of the  are subject to G.S. 143-131.  exemption. Informal Bids  Informal bids are distinguished from formal bids by the following:  1. The dollar amount to be purchased is less than $90,000.00 for equipment, apparatus, materials, or supplies; or construction/repair work for buildings with expenditure less than $500,000.00.  2. Written specifications are not required, but highly recommended. 5. Informal bids received shall remain confidential until the bid is awarded.  3. Advertising for bids is not necessary. 4. Written, sealed bids need not be submitted.  Informal purchases are accomplished by written quotations, e-mail, or fax. For purchases of supplies and equipment between $1,200.00 and $30,000.00, three (3) quotes should be obtained to ensure competitive pricing. However, the 3-quote requirement can be waived with the written approval ofthe City Manager when it is deemed to be in the best interest oft the City. Three written quotes should be obtained for purchases between $30,000.00 and $90,000.00 for purchases of supplies and equipment unless it is a sole source item. Ifquotes have been attempted and the item can only be obtained from one source, the informal purchase is accomplished by a fair and reasonable acceptance 1. The employee who receives such bids is to keep a record of all bids submitted and have these available forj public inspection. This record shall include the company name, the contact person,  oft the product by the Department Head affected and the purchasing agent.  the item quoted and the date the quote was received.  40    City ofDunn  Purchasing Policy and Contract Procedures Handbook  2. When informal bids are received by a department, the quotes received should be attached to the Informal building construction and repair projects are: accomplished by obtaining 3 written quotations for projects between $30,000.00 and $500,000. Also, when building construction or repair contracts in the informal range is between $30,000.00 and $500,000.00, minority business contractors  purchase requisition and a copy forwarded to purchasing.  shall be solicited.  AWARD OF BID  After receipt and evaluation ofbid proposals, the purchasing agent shall make a recommendation to the City Council or City Manager for purchases of$500,000.00 or less for projects approved in the budget. Such recommendation shall endorse the lowest responsible, responsive bidder, taking into  consideration the following: 1. Price. 2. Quality. 3. Performance. date).  4. The time specified in the bid proposal for the performance of the contract (delivery or completion Performance and payment bonds are required for construction or repair work when aj project exceeds $300,000.00, and for each contract that exceeds $50,000.00. The successful contractor shall be required to submit performance and payment bonds to secure the faithful performance of the terms of the contract and the payment of all sums due for labor and materials at time ofc contract execution. The award ofal bid by the City Council or the City manager will result in execution ofa purchase order and/or a contract. In general, a purchase order is used for a one-time purchase of supplies, equipment, or services and for minor construction work. A contract and purchase order are used for nonprofessional services required over a period oft time, for all professional services and for significant Though dollar amounts generally determine whether formal or informal procedures are required, such practices may also be followed for purchases below the minimum cost in each category. The objective oft the purchasing office is to: secure with efficiency what is needed, when it is needed, and at the lowest reasonable cost. Competitive bidding can save dollars regardless oft the estimated purchased The purchasing office must prepare or oversee the preparation oft the specifications, hold a pre-  construction jobs.  amount.  bid conference when applicable, advertise for bids, and conduct the bid opening.  41    City of Dunn APPENDIX D  Purchasing Policy and Contract Procedures Handbook  NON-FEDERAL FUNDS STANDARD SERVICE CONTRACT NORTH CAROLINA SERVICE CONTRACT CITY OF DUNN  THIS CONTRACT is made, and entered into by and between the City of Dunn, a political subdivision oft the State of] North Carolina, (hereinafter referred to as "CITY", party  oft the first part and party of the second part.  (hereinafter referred to as CONTRACTOR).  1. SERVICES TOI BE: PROVIDED  CONTRACTOR hereby agrees to provide services and/or materials under this contract  (hereinafter referred to collectively as "SERVICES" for  Insert Name of Project)  pursuant to the provisions and specifications identified in "Attachment I".  2. TERM OF CONTRACT  The term of this CONTRACT for services and supplies is from,  to  3. PAYMENT TO CONTRACTOR  CONTRACTOR shall receive from CITY an amount not to exceed $XXXXX. Unless  otherwise specified, CONTRACTOR shall submit a monthly itemized invoice to 28335. Payment will be processed within 30 days upon receipt and approval of the invoice by  att the CITY.  Department oft the City of Dunn, PO Box 1065, Dunn, NC  4. INDEPENDENT CONTRACTOR  CITY and CONTRACTOR agree that CONTRACTOR is an independent contractor and shall not represent itself as an agent or employee of CITY for any purpose in the performance of CONTRACTORS duties under this contract. Accordingly, CONTRACTOR shall be responsible for payment ofall federal, state and local taxes as well as business license fees arising out of CONTRACTOR'S activities in accordance with this contract. For the purposes of this contract taxes shall include, but not be limited to, Federal and State Income, Social Security and  Unemployment Insurance taxes.  CONTRACTOR, as an independent contractor, shall perform said services in aj professional manner and in accordance with the standards ofa applicable professional organizations and licensing  agencies.  5. INSURANCE AND INDEMNITY  Tot the fullest extent permitted by laws and regulations, the CONTRACTOR shall indemnify and hold harmless the CITY and its officials, agents, and employees from and against all claims, damages, losses, and expenses, direct, indirect, or consequential (including but not limited to fees and  42    City ofI Dunn  Purchasing Policy and Contract Procedures Handbook  charges of engineers or architects, attorneys, and other professionals and costs related to court action or arbitration) arising out of or resulting from the performance oft this Contract or the actions oft the CONTRACTOR ori its officials, employees, or contractors under this Contract or under the contracts entered into by the CONTRACTOR in connection with this Contract. This indemnification shall  survive the termination oft this contract.  In addition, CONTRACTOR shall comply with the North Carolina Workers' Compensation Act and shall provide for the payment ofworkers' compensation to its employees in the manner: and to the extent required by this Act. CONTRACTOR shall supply CITY with certification of insurance for workers' compensation coverage with North Carolina statutory limits.  CONTRACTOR shall maintain, at its expense, the following minimum insurance coverage: General Liability with Combined Single Limit Bodily Injury and Property Damage not less than $5,000,000 and Products and Completed Operations Liability not less than $5,000,000. CONTRACTOR agrees to furnish CITY a certificate of insurance from an insurance company, licensed to do business in the State of North Carolina and acceptable to CITY verifying the existence ofany insurance coverage required by CITY. The certificate should name the CITY as an additional insured entity and will provide for thirty (30) days advance notice in the event of  termination or cancellation of coverage.  6.HEALTH AND SAFETY  CONTRACTOR shall be responsible fori initiating, maintaining and supervising all safety precautions and programs required by OSHA and all other regulatory agencies while providing services under this  contract.  7. NON-DISCRIMINATION IN EMPLOYMENT  CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, sex, race, creed, national origin, disability or on the basis of sexual orientation or gender expression/dentty. CONTRACTOR shall take affirmative action to ensure that applicants are employed and that employees are treated fairly and legally during employment with regard to their age, sex, race, creed, national origin, disability or on the basis of sexual orientation or gender expression/identity. In the event CONTRACTOR is determined by the final order of an appropriate agency or court to be in violation of any non-discrimination provision of federal, state or local law or this provision, this Contract may be canceled, terminated or suspended in whole or inj part by CITY,  and CONTRACTOR may be declared ineligible for further CITY contracts.  8. GOVERNINGLAW  This contract shall be governed by and in accordance with the laws of the State ofl North Carolina. All actions relating in any way to this contract shall be brought in the General Court of  Justice in the County ofHarnett and the State ofl North Carolina.  43    City ofDunn  Purchasing Policy and Contract Procedures Handbook  9. AMENDMENT  This contract may be amended only in writing by mutual agreement by both parties.  10. TERMINATION OF CONTRACT  This contract may be terminated, for cause, by the non-breaching party notifying the breaching party ofa a substantial failure to perform in accordance with the provisions of this contract and ifthe failure is not corrected within ten (10) days oft the receipt oft the notification. Upon such termination, the parties shall be entitled to such additional rights and remedies as may be allowed  by relevant law.  Termination of this contract, either with or without cause, shall not form the basis ofa any  claim for loss of anticipated profits by either party.  11.SUCCESSORS AND ASSIGNS  CONTRACTOR shall not assign its interest in this contract without the written consent of  CITY.CONTRACTOR has no authority to enter into contracts on behalfofCITY.  12.COMPLIANCE WITHLAWS  CONTRACTOR represents that it is in compliance with all Federal, State, and local laws, regulations or orders, as amended or supplemented. The implementation or this contract will be carried out in strict compliance with all Federal, State, or local laws regarding discrimination in  employment.  13.NOTICES  All notices, requests, consents, claims, demands, waivers and other communications hereunder shall bei in writing and shall be deemed to have been given (a) when delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by facsimile (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next Business Day if sent after normal business hours of the recipient, (d) ifs sent by e-mail ofa PDF document, upon confirmation of receipt, or (e) on the third day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid. Such communications: must CITY OF DUNN, Finance Officer, 401 East Broad Street, DUNN, NC, 28334  be sent to the respective parties at the following addresses:  Contractor's contact information:  Email:  14.AUDIT RIGHTS  For all services being provided under this contract, CITY shall have the right to inspect, examine, and make copies of any and all books, accounts, invoices, records and other writings  44    City ofDunn  Purchasing Policy and Contract Procedures Handbook  relating to the performance of said services. Audits shall take place at times and locations mutually agreed upon by both parties, although CONTRACTOR must make the materials to be audited  available within one (1) week oft the request for them.  15.CITY NOT RESPONSIBLE FOR EXPENSES  CITY shall not be liable to CONTRACTOR for any expenses paid or incurred by CONTRACTOR prior to the commencement date ofc contract, unless otherwise agreed in writing.  16. ENTIRE CONTRACT  This Contract and the attached document labeled-"Altachment 1": shall constitute the entire understanding between CITY and CONTRACTOR and shall supersede all prior understandings and agreements relating to the subject matter hereof and may be amended only by written mutual  agreement of the parties.  17.HEADINGS.  The subject headings ofthe paragraphs are included for purposes of convenience only and shall not  affect the construction or interpretation ofa any ofits provisions.  18. E-VERIFY  The CONTRACTOR shall comply with the requirements of Article 2 of Chapter 64 oft the North Carolina General Statutes. CONTRACTOR shall require subcontractors to comply with the requirements of Article 2, Chapter 64 oft the North Carolina General Statutes.  19.IRAN DIVESTMENT ACT CERTIFICATION  Contractor hereby certifies that Contractor, and all subcontractors, are not on the Iran Final Divestment List ("List") created by the North Carolina State Treasurer pursuant to N.C.G.S. 147- 86.58. Contractor shall not utilize any subcontractor that is identified on the List.  20. DIVESTMENT FROM COMPANIES THAT BOYCOTT ISRAEL Contractor certifies that Contractor has not been designated by the North Carolina State Treasurer as a company engaged in the boycott ofIsrael pursuant to N.C.G.S. 47-86.81. Itis the responsibility ofe each contractor to monitor compliance with this restriction. Contracts valued at less  than $1,000.00 are exempt from this restriction.  The CONTRACTOR hereby agrees that each clause of this CONTRACT has been read  and fully understands the meaning oft the same and will comply with all ofits terms.  45    City ofDunn  Purchasing Policy and Contract Procedures Handbook  CITY OFI DUNN  CONTRACTOR  Title: ATTEST  Date  Title: ATTEST  Date  Title:  Title:  This instrument has been pre-audited in the manner required by the Local Government Budget  and Fiscal Control Act.  Finance Officer  46    City of Dunn APPENDIX E  Purchasing Policy and Contract Procedures Handbook  FEDERAL FUNDS STANDARD SERVICE CONTRACT NORTH CAROLINA SERVICE CONTRACT CITY OFDUNN  THIS CONTRACT is made, and entered into by and between the City of Dunn, a political subdivision oft the State of] North Carolina, (hereinafter referred to as "CITY", party  ofthe first part and party of the second part.  (hereinafter referred to as CONTRACTOR",  1. SERVICES TOI BEI PROVIDED  CONTRACTOR hereby agrees to provide services and/or materials under this contract (hereinafter referred to collectively as "SERVICES" for. pursuant to the provisions and specifications identified in Attachment I". The term oft this CONTRACT for services and supplies is from  Insert Name of Project)  2. TERM OF CONTRACT 3. PAYMENT: TO CONTRACTOR  O  CONTRACTOR shall receive from CITY an amount not to exceed $XXXXX. Unless otherwise be processed within 30 days upon receipt and approval of the invoice by CITY. (Note: For contracts of short duration, e.g. less than 3 months, monthly invoices should be avoided, and only  specified, CONTRACTOR shall submit a monthly itemized invoice to  at the  Department oft the City of Dunn, PO Box 1065, Dunn, NC 28335. Payment will  provide for payment after satisfactory completion of the project.)  4. - INDEPENDENT CONTRACTOR  CITY and CONTRACTOR agree that CONTRACTOR is an independent contractor and shall not represent itself as an agent or employee of CITY for any purpose in the performance of CONTRACTORS duties under this contract. Accordingly, CONTRACTOR shall be responsible for payment ofa all federal, state and local taxes as well as business license fees arising out OFCONTRACTORS, activities in accordance with this contract. For the purposes of this contract taxes shall include, but not be limited to, Federal and State Income, Social Security and CONTRACTOR, as an independent contractor, shall perform said services in a professional manner and in accordance with the standards of applicable professional organizations and  Unemployment Insurance taxes.  licensing agencies.  5. INSURANCE AND INDEMNITY  To the fullest extent permitted by laws and regulations, the CONTRACTOR shall indemnify and hold harmless the CITY and its officials, agents, and employees from and against all claims, damages, losses, and expenses, direct, indirect, or consequential (including but not limited to fees  47    City ofDunn  Purchasing Policy and Contract Procedures Handbook  and charges of engineers or architects, attorneys, and other professionals and costs related to court action or arbitration) arising out of or resulting from the performance oft this Contract or the actions oft the CONTRACTOR or its officials, employees, or contractors under this Contract or under the contracts entered into by the CONTRACTOR in connection with this Contract. This  indemnification shall survive the termination of this contract.  In addition, CONTRACTOR shall comply with the North Carolina Workers' Compensation Act and shall provide for the payment ofv workers' compensation to its employees in the manner and to the extent required by this Act. CONTRACTOR shall supply CITY with certification of insurance for workers' compensation coverage with North Carolina statutory limits.  CONTRACTOR shall maintain, at its expense, the following minimum insurance coverage: General Liability with Combined Single Limit Bodily Injury and Property Damage not less than $5,000,000 and Products and Completed Operations Liability not less than $5,000,000. CONTRACTOR agrees to furnish CITY: a certificate ofi insurance from an insurance company, licensed to do business in the State ofNorth Carolina and acceptable to CITY verifying the existence of any insurance coverage required by CITY. The certificate should name the CITY as an: additional insured entity and will provide for thirty (30) days advance notice in the event of  termination or cancellation of coverage.  6. HEALTH AND SAFETY  CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs required by OSHA and all other regulatory agencies while providing services under this  contract.  7. NON-DISCRIMINATION IN EMPLOYMENT  CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, sex, race, creed, national origin, disability or on the basis of sexual orientation or gender CONTRACTOR shall take affirmative action to ensure that applicants are employed and that employees are treated fairly and legally during employment with regard to their age, sex, race, creed, national origin, disability or on the basis of sexual orientation or gender expressiondentity. In the event CONTRACTOR is determined by the final order of an appropriate agency or court to be in violation of any non-discrimination provision of federal, state or local law or this provision, this Contract may be canceled, terminated or suspended in whole or inj part by CITY, and CONTRACTOR may be declared ineligible for further CITY contracts.  expressiondentuty.  8. GOVERNING LAW  This contract shall be governed by and in accordance with the laws of the State ofl North Carolina. All actions relating in any way to this contract shall be brought in the General Court of. Justice in  the County ofHarnett and the State of North Carolina.  9. AMENDMENT  This contract may be amended only in writing by mutual agreement by both parties.  48    City ofDunn  Purchasing Policy and Contract Procedures Handbook 10. TERMINATION OF CONTRACT  This contract may be terminated, for cause, by the non-breaching party notifying the breaching party ofa a substantial failure to perform in accordance with the provisions of this contract and ift the failure is not corrected within ten (10) days of the receipt oft the notification. Upon such termination, the parties shall be entitled to such additional rights and remedies as may be allowed  by relevant law.  Termination ofthis contract, either with or without cause, shall not form the basis of any  claim for loss of anticipated profits by either party.  I1.SUCCESSORS AND ASSIGNS  CONTRACTOR shall not assign its interest in this contract without the written consent of CIY.CONTRACTOR has no authority to enter into contracts on behalfofCITY.  12. COMPLIANCE WITH LAWS  CONTRACTOR represents that iti isi in compliance with all Federal, State, and local laws, regulations or orders, as amended or supplemented. The implementation or this contract will be carried out in strict compliance with all Federal, State, or local laws regarding  discrimination in employment.  13. NOTICES  All notices, requests, consents, claims, demands, waivers and other communications hereunder shall bei in writing and shall be deemed tol have been given (a) when delivered by hand (with written confirmation ofreceipt); (b) when received by the addressee ifs sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by facsimile (with confirmation of transmission) ifs sent during normal business hours oft the recipient, and on the next Business Day ifs sent after normal business hours of the recipient, (d) ifs sent by e-mail ofa PDF document, upon confirmation of receipt, or (e) on the third day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid. Such communications must CITY OF DUNN, Finance Officer, 401 East Broad Street, DUNN, NC, 28334  be sent to the respective parties at the following addresses:  Contractor's contact information:  Email:  14. AUDIT RIGHTS  Fora all services being provided under this contract, CITY shall have the right to inspect, examine, and make copies of any and alll books, accounts, invoices, records and other writings relating to the performance of said services. Audits shall take place at times and locations mutually agreed upon by both parties, although CONTRACTOR must make the materials to be audited available  within one (I) week oft the request for them.  49    City ofDunn  Purchasing Policy and Contract Procedures Handbook 15. CITY NOT RESPONSIBLE FOR EXPENSES  CITY shall not be liable to CONTRACTOR for any expenses paid ori incurred by CONTRACTOR prior This Contract and the attached document labeled "Attachment 1" shall constitute the entire understanding between CITY and CONTRACTOR and shall supersede all priorunderstandings: and agreements relating to the subject matter hereof and may be amended only by written mutual  to the commencement date oft the contract, unless otherwise agreed in writing.  16. ENTIRE CONTRACT  agreement oft the parties.  17. HEADINGS.  The subject headings of the paragraphs are included for purposes of convenience only and shall not  affect the construction or interpretation of any ofits provisions.  18. E-VERIFY  The CONTRACTOR shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. CONTRACTOR shall require subcontractors to comply with the requirements of Article 2, Chapter 64 oft the North Carolina General Statutes.  19. IRAN DIVESTMENT ACT CERTIFICATION  Contractor hereby certifies that Contractor, and all subcontractors, are not on the Iran Final Divestment List ("List") created by the North Carolina State Treasurer pursuant to N.C.G.S. 147- 86.58. Contractor shall not utilize any subcontractor that is identified on the List.  20. DIVESTMENT FROM COMPANIES THAT BOYCOTT ISRAEL  Contractor certifies that Contractor has not been designated by the North Carolina State Treasurer as a company engaged in the boycott ofIsrael pursuant to N.C.G.S. 147-86.81. Itis the responsibility of each contractor to monitor compliance with this restriction. Contracts valued at less than $1,000.00 are  exempt from this restriction.  21. FEDERAL FUNDS PROVISIONS  The_ (Insert Name of Project! Federal provisions apply, or may apply:  project will be paid for, in part, by Federal funds.  Therefore, pursuant to 2C.F.R. 200.326 and 200 C.F.R. Part 200. Appendix 2, the following Equal Employment Opportunity (41 C.F.R. Part 60); Davis-Bacon Act (40 U.S.C.3 3141-3148); Copeland Anti-Kickback" Act (40 U.S.C. 3145); Contract Work Hours and Safety Standards Act (40 U.S.C.3701-3708); Clean Air Act (42 U.S.C. 7401-7671q); Federal Water Pollution Control Act(33U.S.C. 1251-1387); Debarment and Suspension (Executive Orders 12549 and 12689); Byrd Anti-Lobbying Amendment (31 U.S. C. 1352); Procurement of Recovered materials (2 C.F.R.  200.322); and Record retention Requirements (2C.F.R. 200.324).  50    City ofDunn  Purchasing Policy and Contract Procedures Handbook  The CONTRACTOR hereby agrees that each clause oft this CONTRACT has been read  and fully understands the meaning of the same and will comply with all ofits terms.  CITY OF DUNN  CONTRACTOR  Title: ATTEST  Date  Title: ATTEST  Date  Title:  Title:  This instrument has been pre-audited in the manner required by the Local Government  Budget and Fiscal Control Act.  Finance Officer  51