# City Council Meeting Agenda Packet (PDF)

**Body:** City of Lenoir — City Council
**Date:** January 21, 2025 6:00 PM EST (2025-01-21T18:00:00-05:00)

**Link:** https://sunshinemeetings.org/event/3705


## Agenda

- [Minutes: Approval of the minutes of the City Council meeting of Tuesday, January 7, 2025 as submitted.](https://sunshinemeetings.org/event/3705/item/30838)
- [Lenoir AFC Design Vendor Selection: Following a thorough review and evaluation of each Statement of Qualifications (SOQ), Staff recommends entering into contract negotiations with J.M. Cope, Inc. to provide Design-Build services for the 2022 PARTF Project – Lenoir Aquatic and Fitness Center Improvements.](https://sunshinemeetings.org/event/3705/item/30839)
- [FY2024-25 Audit Contract/Non-Contest Services – C. Randolph CPA PLLC/S: Request Council approve the FY2025 Annual Audit Contract for the City of Lenoir as submitted by C. Randolph CPA, PLLC to not exceed $45,000.00.](https://sunshinemeetings.org/event/3705/item/30840)
- [Resolution; Kenny Nelson: Approval of the resolution presented to Kenny Nelson in honor and recognition of his 35 years of dedicated and outstanding service to the City of Lenoir.](https://sunshinemeetings.org/event/3705/item/30841)
- [Items of Information](https://sunshinemeetings.org/event/3705/item/30842)
- [The Planning Board will meet on Monday, January 27 at 5:30 p.m. at the City/County Chambers.](https://sunshinemeetings.org/event/3705/item/30843)
- [The Committee of the Whole will meet on Tuesday, January 28 at 8:30 a.m. at City Hall, Third Floor.](https://sunshinemeetings.org/event/3705/item/30844)
- [The Foothills Regional Airport Authority will meet on Wednesday, January 29 at noon at the airport facility.](https://sunshinemeetings.org/event/3705/item/30845)
- [Items for Council Action](https://sunshinemeetings.org/event/3705/item/30846)
- [The proposed special use will comply with all height, yard, lot and area requirements and other regulations of the district in which it is located unless otherwise specified.](https://sunshinemeetings.org/event/3705/item/30847)
- [All driveways will be designed with respect to such matters as proper ingress and egress for automobiles in order to minimize traffic congestion and increase pedestrian safety and conveniences.](https://sunshinemeetings.org/event/3705/item/30848)
- [Off-street parking and loading areas will be provided in compliance with Section 1000 and off-street loading will be provided in compliance with Section 1001 of Lenoir’s Zoning Ordinance.](https://sunshinemeetings.org/event/3705/item/30849)
- [The establishment of the special use will not hinder the normal and orderly development and improvement of surrounding property for uses already permitted in the district.](https://sunshinemeetings.org/event/3705/item/30850)
- [Any required screening and landscaping will be designed or planted with full consideration of the effectiveness of individual plant types, dimensions, and characteristics in minimizing the noise, glare, visual impacts and other economic effects on adjoining properties.](https://sunshinemeetings.org/event/3705/item/30851)
- [Any permitted signs and proposed exterior lighting will be designed to reduce glare and to mitigate any adverse effects of sign size and height; so as to make the signs aesthetically pleasing and compatible with adjoining properties.](https://sunshinemeetings.org/event/3705/item/30852)
- [The exterior architectural appearance and functional plan of any proposed building or structure will not vary greatly from any buildings or structures already in construction or in the course of construction in the immediate vicinity or from the character of the applicable district, so as to cause a substantial depreciation in the property values of the immediate vicinity.](https://sunshinemeetings.org/event/3705/item/30853)
- [The type, size, hours of operations, location of the use upon the site, and intensity of the proposed special use will not be harmful or annoying to surrounding properties.](https://sunshinemeetings.org/event/3705/item/30854)
- [Section 706 allows exceptions to this height limitation for facilities like communication towers. Max Height for communication towers is 165 feet, per section 910.12 of ordinance.](https://sunshinemeetings.org/event/3705/item/30855)
- [Consult with, and advise the OWNER as to the acceptability of contractors and subcontractors and make recommendations as to the lowest, responsive, responsible, bidder.](https://sunshinemeetings.org/event/3705/item/30856)
- [Assist the OWNER in the final preparation and execution of construction contracts and in checking Performance and Payment Bonds and Insurance Certificates for compliance.](https://sunshinemeetings.org/event/3705/item/30857)
- [Schedule a preconstruction conference with the OWNER, Contractor, ENGINEER and all other applicable parties to assure discussion of all matters related to the project.](https://sunshinemeetings.org/event/3705/item/30858)
- [CONSTRUCTION PHASE](https://sunshinemeetings.org/event/3705/item/30859)
- [Provide periodic on-site observation and construction administration in accordance with the ENGINEERs modified EJCDC general conditions to assistance in the discernment of the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents, and established schedules. During such visits and on the basis of on-site observations as experienced and qualified design professionals, keep the OWNER informed of the progress of the work, endeavor to safeguard the OWNER against defects and deficiencies in the materials and workmanship of the Contractor and disapprove or reject any work failing to conform to the Contract Documents. ENGINEER shall provide on-site observation and construction administration services for the original duration of the established construction time for the contractor constructing the project. On-site observation and construction administration services rendered by the ENGINEER beyond the original duration of the established construction time for the contractor constructing the project shall be considered additional services.](https://sunshinemeetings.org/event/3705/item/30860)
- [Prepare and review Field Orders, Work Change Directives, and Change Orders as required. The provision of special inspections or other materials testing of the work if necessary shall be in accordance with section 2.2.5 of this agreement.](https://sunshinemeetings.org/event/3705/item/30861)
- [Review shop drawings, diagrams, illustrations, brochures, catalog data, schedules and samples, the results of tests and inspections and other data which the Contractor is required to submit. Review schedules, guarantees, bonds and certificates of inspection which are to be assembled by the Contractor in accordance with the Contract Documents.](https://sunshinemeetings.org/event/3705/item/30862)
- [Based on periodic on-site field observations as an experienced and qualified design professional and on review of the Contractor applications for payment and supporting data, determine the amount owing to the Contractor and recommend to the OWNER payment to the Contractor in such amounts; based on such observations and review, that the work has progressed to the point indicated and that to the best of ENGINEER’s knowledge, information and belief the quality of the work is in accordance with the Contract Documents.](https://sunshinemeetings.org/event/3705/item/30863)
- [Conduct a final review of the project with applicable parties to determine if the project has been completed in accordance with the Contract Documents and if Contractor has fulfilled all obligations thereunder so that the ENGINEER may approve to the OWNER final payment to Contractor.](https://sunshinemeetings.org/event/3705/item/30864)
- [POST-CONSTRUCTION PHASE](https://sunshinemeetings.org/event/3705/item/30865)
- [Prepare for the OWNER a set of reproducible record prints of drawings showing those changes made during the construction process, based on the marked-up prints, drawings and other data furnished. The provision of surveyed as-builts will be considered additional services.](https://sunshinemeetings.org/event/3705/item/30866)
- [Provide or make available all project files and information to effect project close-out.](https://sunshinemeetings.org/event/3705/item/30867)
- [Assist the OWNER in assuring that the warranty period for the construction work is complied with.](https://sunshinemeetings.org/event/3705/item/30868)
- [SECTION 3 - ADDITIONAL SERVICES](https://sunshinemeetings.org/event/3705/item/30869)
- [Additional services resulting from significant changes in general scope of a Project or Task Order, its design including, but not limited to, changes in size, complexity, OWNER's schedule, or character of construction including provision of on-site observation and construction administration services rendered by the ENGINEER beyond the original duration of the established construction time for the contractor constructing the project](https://sunshinemeetings.org/event/3705/item/30870)
- [Revising previously approved studies, reports, design documents, drawings or specifications, when such revisions are due to causes beyond the control of the ENGINEER.](https://sunshinemeetings.org/event/3705/item/30871)
- [Preparing documents for alternate bids requested by the OWNER for work which is not executed or documents for out-of-sequence work other than agreed upon in the Preliminary Phase.](https://sunshinemeetings.org/event/3705/item/30872)
- [Services in connection with change orders to reflect changes requested by the OWNER if the resulting change in compensation for Basic Services is not commensurate with the additional services rendered.](https://sunshinemeetings.org/event/3705/item/30873)
- [Additional or extended services during construction made necessary by prolongation of the construction contract or default by the Contractor under any prime construction contract if such construction contract is delayed beyond the original completion date.](https://sunshinemeetings.org/event/3705/item/30874)
- [Preparing to serve or serving as a witness for the OWNER in any litigation, condemnation or other legal or administrative proceeding involving the Project.](https://sunshinemeetings.org/event/3705/item/30875)
- [Additional services in connection with the Project, including services normally furnished by the OWNER and services not otherwise provided for in this Agreement.](https://sunshinemeetings.org/event/3705/item/30876)
- [Assistance with property acquisition, easements or right-of-ways and preparation of easement map(s) not specifically included in the Task Order scope.](https://sunshinemeetings.org/event/3705/item/30877)
- [Provision of G.I.S. or surveying services for As-Builts.](https://sunshinemeetings.org/event/3705/item/30878)
- [Provision of Special Inspections, geotechnical or subsurface investigations, and construction materials testing during design and construction phases.](https://sunshinemeetings.org/event/3705/item/30879)
- [Provide full information as to his requirements for the Project.](https://sunshinemeetings.org/event/3705/item/30880)
- [Assist the ENGINEER by placing at his disposal all available information pertinent to the Project including previous documents and any other data relative to evaluation, design and construction of the Project.](https://sunshinemeetings.org/event/3705/item/30881)
- [Furnish the ENGINEER any existing data and information for property boundary, easement, right-of-way, operating information, previous construction plans, topographic and utility surveys; zoning and deed restriction; all of which the ENGINEER may rely upon in performing his services under this Agreement.](https://sunshinemeetings.org/event/3705/item/30882)
- [Guarantee access to and make all provisions for the ENGINEER to enter upon public and private property as required for the ENGINEER to perform his services under this Agreement.](https://sunshinemeetings.org/event/3705/item/30883)
- [Examine all studies, reports, sketches, estimates, specifications, drawings, proposals and other documents presented by the ENGINEER and render decisions and comments pertaining thereto within a reasonable time so as not to delay the services of the ENGINEER.](https://sunshinemeetings.org/event/3705/item/30884)
- [Pay for all costs incidental to conducting subsurface or structural investigations or other types of construction materials testing and analysis needed for proper design and construction of the project.](https://sunshinemeetings.org/event/3705/item/30885)
- [Provide such legal, accounting and insurance counseling services as may be required for the Project, and such auditing services as may be required to ascertain how or for what purpose any Contractor has used the monies paid to him under the construction contract.](https://sunshinemeetings.org/event/3705/item/30886)
- [Designate a person to act as OWNER's representative with respect to the work to be performed under this Agreement; and such person shall have complete authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to materials, equipment, elements and systems pertinent to the services covered by this Agreement.](https://sunshinemeetings.org/event/3705/item/30887)
- [Give prompt notice to the ENGINEER whenever the OWNER observes or otherwise becomes aware of any deficiency in design or defect in the Project.](https://sunshinemeetings.org/event/3705/item/30888)
- [Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project, subject to the obligations of the ENGINEER outlined in Section 2.2.3 of this Agreement.](https://sunshinemeetings.org/event/3705/item/30889)
- [Furnish, or direct the ENGINEER to provide necessary Additional Services as stipulated in Section 3 of this Agreement or other services as required.](https://sunshinemeetings.org/event/3705/item/30890)
- [Bear all costs incident to compliance with the requirements of this Section 4.](https://sunshinemeetings.org/event/3705/item/30891)
- [SCOPE OF SERVICES](https://sunshinemeetings.org/event/3705/item/30892)
- [STANDARD OF CARE](https://sunshinemeetings.org/event/3705/item/30893)
- [AUTHORIZATION TO PROCEED](https://sunshinemeetings.org/event/3705/item/30894)
- [CHANGES IN SCOPE](https://sunshinemeetings.org/event/3705/item/30895)
- [COMPENSATION](https://sunshinemeetings.org/event/3705/item/30896)
- [The OWNER shall pay the compensation to ENGINEER for services rendered as set forth in each of the Task Orders initiated by the OWNER.](https://sunshinemeetings.org/event/3705/item/30897)
- [ENGINEER shall submit invoices to the OWNER monthly for work accomplished under this agreement and the OWNER agrees to make full payment to ENGINEER within thirty (30) days of receipt of the invoices.](https://sunshinemeetings.org/event/3705/item/30898)
- [PERSONNEL](https://sunshinemeetings.org/event/3705/item/30899)
- [OPINIONS OF PROBABLE CONSTRUCTION COST](https://sunshinemeetings.org/event/3705/item/30900)
- [TERMINATION](https://sunshinemeetings.org/event/3705/item/30901)
- [LIMITATION OF PROFESSIONAL LIABILITY](https://sunshinemeetings.org/event/3705/item/30902)
- [ASSIGNABILITY](https://sunshinemeetings.org/event/3705/item/30903)
- [SEVERABILITY](https://sunshinemeetings.org/event/3705/item/30904)
- [OWNERSHIP OF DOCUMENTS](https://sunshinemeetings.org/event/3705/item/30905)
- [EXCUSABLE DELAY](https://sunshinemeetings.org/event/3705/item/30906)
- [INDEMNIFICATION](https://sunshinemeetings.org/event/3705/item/30907)
- [INSURANCE](https://sunshinemeetings.org/event/3705/item/30908)
- [AUTOMOBILE LIABILITY](https://sunshinemeetings.org/event/3705/item/30909)
- [COMMERCIAL GENERAL LIABILITY](https://sunshinemeetings.org/event/3705/item/30910)
- [PROFESSIONAL LIABILITY](https://sunshinemeetings.org/event/3705/item/30911)
- [WORKERS' COMPENSATION](https://sunshinemeetings.org/event/3705/item/30912)
- [CHOICE OF LAW](https://sunshinemeetings.org/event/3705/item/30913)
- [PAYMENT FOR SERVICES RENDERED](https://sunshinemeetings.org/event/3705/item/30914)
- [TASK ORDERS: The OWNER will pay the ENGINEER for services rendered as outlined in each Task Order.](https://sunshinemeetings.org/event/3705/item/30915)
- [ON-DEMAND SERVICES: Due to the limited scope and short duration of need, the OWNER will pay the ENGINEER for services rendered for OWNER authorized OnDemand services an amount based on actual time, materials spent plus expenses incurred by principals, employees and agents of the ENGINEER in accordance with Exhibit “A” – Standard Hourly Rate and Fee Schedule.](https://sunshinemeetings.org/event/3705/item/30916)
- [ENGINEER will invoice separately for each Task Order and OWNER authorized OnDemand services, should there be any.](https://sunshinemeetings.org/event/3705/item/30917)
- [PAYMENT FOR ADDITIONAL SERVICES](https://sunshinemeetings.org/event/3705/item/30918)
- [Should the OWNER initiate additional services beyond those included in an individual Task Order, the OWNER agrees to pay the ENGINEER for those Additional Services rendered an amount based on actual time spent and expenses incurred by principals and employees of the ENGINEER assigned to the Task Order in accordance with Exhibit “A” – Standard Hourly Rate and Fee Schedule, should any of these Additional Services be requested by the OWNER.](https://sunshinemeetings.org/event/3705/item/30919)
- [Mileage - $0.70/mile](https://sunshinemeetings.org/event/3705/item/30920)
- [Flow Monitoring Equipment: Pressure Flow Meter- $400/wk.; Gravity Flow Meter - $1,000/deployment](https://sunshinemeetings.org/event/3705/item/30921)
- [Robotics/GPS Equipment: $30/hr.](https://sunshinemeetings.org/event/3705/item/30922)
- [Telephone, reproduction, postage, lodging, and other incidentals shall be a direct charge per receipt.](https://sunshinemeetings.org/event/3705/item/30923)
- [Associated services required by the project such as soil analysis, materials testing, etc., shall be at cost plus fifteen (15) percent.](https://sunshinemeetings.org/event/3705/item/30924)
- [Notice of Exemption from Qualification-Based Selection Campus Improvements Project City of Lenoir, North Carolina](https://sunshinemeetings.org/event/3705/item/30925)
- [Approve the purchase of (43) Kenwood VM 5930 Mobile (In-car) radios from the approved vendor High Country Communications.](https://sunshinemeetings.org/event/3705/item/30926)
- [Consideration of an addition to the policy in the Personnel Resolution, Employee Handbook and a resolution that prohibits the viewing of pornography on government networks and devises.](https://sunshinemeetings.org/event/3705/item/30927)
- [RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LENOIR PROHIBITING VIEWING OF PORNOGRAPHY ON CITY NETWORKS AND DEVICES](https://sunshinemeetings.org/event/3705/item/30928)
- [Addition of the policy in Pages 28-30 in the Personnel Resolution and pages 35-37 in the Employee Handbook Prohibiting Viewing of Pornography on City Networks and Electronic Communication and Devices](https://sunshinemeetings.org/event/3705/item/30929)
- [AN ORDINANCE DIRECTING THE MINIMUM HOUSING INSPECTOR TO REMOVE OR DEMOLISH THE PROPERTY HEREIN DESCRIBED AS UNFIT FOR HUMAN HABITATION AND DIRECTING THAT A NOTICE BE PLACED THEREON THAT THE SAME MAY NOT BE OCCUPIED.](https://sunshinemeetings.org/event/3705/item/30930)
- [Selection of a qualified firm or team to provide Design-Build services for the upcoming 2022 PARTF Project – Lenoir Aquatic and Fitness Center Improvements.](https://sunshinemeetings.org/event/3705/item/30931)

## Documents

- [minutes_2025-01-21.pdf](https://sunshinemeetings.org/event/3705?document=16541)
- [agenda_2025-01-21.pdf](https://sunshinemeetings.org/event/3705?document=16539)

## Sources

- [CivicClerk](https://lenoirnc.portal.civicclerk.com/#!/events/288)