25 Minutes oft the Meeting of The Liberty Town Council Held on April 22, 2024 5:30 pm Present Mayor: Council: The Honorable Filmore York and Terry Caviness Scott Kidd Jessica Brown Bill Flowe Don Herndon, Tyson Nixon, Larry Coble, Greg Carpenter, Town Manager: Town Clerk: Town Attorney: Staff: Finance Director; Kathy Bond, Police Chief; David Semrad, Assistant Town Manager; Janie Phelps, Public Works Director; Joseph Walsh, and Interim Parks and Rec Director; Kolby McPherson ToOrder The Mayor welcomed everyone and called the meeting to order at 5:30 PM Pledge ofAllerimcelnvosation join in al Moment of Silence. Adoption of Agenda Mayor Filmore York led the Pledge of Allegiance and then the Mayor asked everyone to Council Member Larry Coble made ai motion to adopt the agenda with the addition ofa 12.1 AIM program under New Business. Council Member Don Herndon seconded the motion which passed unanimously: Council Member] Larry Coble voted yes, Council Member Don Herndon voted yes, Council Member Tyson Nixon voted yes, Council Member Terry Caviness voted yes, and Council Member Greg Carpenter voted yes. The Randolph County District Attorney Andy Gregson - Project Safe Neighborhoods PSN is aj program specifically designed to combat violent crime and has been up and running since February 2020. Iti is a formal partnership between thel District. Attorney, the US. Attorney, local and state law enforcement, and federal law enforcement. Maggie Dunn with the US Attorney's office is here as well. DA Gregson said it helps deal with violent offenders and commended Liberty PD for their work. He felt Randolph County was at a crossroads five years ago with an increase of gang violence and drive bys. They needed to target those individuals and this was accomplished by sharing information with each other. They have had great results with a twenty percent reduction in violent crimes. agenda was approved. Their first order of business is to protect citizens. Community Staffing Levels - Detective William Summers Detective William Summers has completed a class with the Law Enforcement 27 leadership Leadership Institute developed by the Coastal Plains Law Enforcement Training Center located in Wilson, NC. Hel looked at staffing levels for our community which was the basis for his project. Detective Summers came forward. He looked ati recruiting versus retention The Academy is graduating about 53,000 cadets per year but are still about 30% behind. Education, achievement, and certifications are reasons training is important. There is a large population coming soon. Citizens like the fact that we can be there in a few minutes. There will be more entertainment venues. Technology is important for building cases and you need training for that. It is also important for collaborating with other agencies. In 2022 our PD had 7300 calls for service or an officer doing something to benefit the town. In 2022 wel had eleven full time officers. This past year calls wereu up 16%. We: need twelve full time officers minus supervisors tol be effective. Public Hearing McNeill Capital Rezoning Request 3477 Hinshaw Country Road from R40 to RMF (residential multi family) on Monday April 22, 20245:30P PM Janie Phelps came forward to give the staff report. The property is zoned R40. The request to rezone to RMF will allow the applicant the potential for more density. This was approved by the Planning Board on March 13, 2024 and no citizens came to speak. The Public Hearing was opened at 6:101 PM: and the applicant Jeremy McNeill came forward to speak. He said about 6.5 acres are in wetlands and will remain undeveloped. There was: no one else to speak and the Hearing was closed at 6:11 PM. Council Member Don Herndon made a motion to approve the rezoning of3 3477 Hinshaw Country Road from R40 to RMF with and the consistency statement that it is consistent with the LDP (Land Development Plan). Council Member Tyson Nixon seconded the motion which passed unanimously with Council Members: Larry Coble, Terry Caviness, Public Hearing Hall Cox Legislative Review Request Industrial to R6 ELowe Avenue Janie Phelps came forward to give the staff report. This is ai rezoning request by applicants Kim Hall and Cheryl Cox, trustees of the property, for Industrial (I) to Residential 6,000 square feet (R6) onj portions of parcels 8736113237 and 8736104815, approximately 1.96 acres located at El Lowe Avenue. It is downzoning andi is just 1.96 acres. They have held off for the LDP (Land Development Plan) to be adopted. Ifthis is The Public Hearing was called to order at 6:15. PM. Applicant Kim Hall came forwarded to speak and said this is sO her daughter can build a single family home on the property. Council Member Terry Caviness made a motion to approve the rezoning at ELowe Avenue the 1.96 acres from Industrial (I) to R6 along with the consistency statement that iti is consistent with the LDP (Land Development Plan.) Council Member Larry Coble seconded the motion which passed unanimously with Council Members: Larry Coble, Terry Caviness, Don Herndon, Tyson Nixon and Greg Carpenter votingyes. Hei is talking to Windsor Homes - Townhomes. Don Herndon, Tyson Nixon, and Greg Carpenter voting yes. Monday April 22, 20245:30PM not approved they will have to go through the SUP process. The Hearing was closed at 6:16 PM, Code Enforcement Report Dennis Pinnix owner of State Code Enforcement, Inc. introduced himself and his wife Jane and associate Paul Ford. There was no documentation on thel house on New Street that was set to be demolished when working with the previous Code Enforcement Company and thinks they should start the process all over again. He said as long as citizens work with Finance Report 30 us they will work with them. Finance Director Kathy Bond came forward to give her reports on the month ofMarch. She attached the budget VS. actual. Processed Payroll was $287, 519.71. Utility Billing was $145,902.87, and Processed AP was $457,300.42. Property taxes received were up Council Member Larry Coble made a motion to approve the Finance Report for March. Council Member Don Herndon seconded the motion which passed unanimously with Council Members: Larry Coble, Terry Caviness, Don Herndon, Greg Carpenter, and 11.58%. Tyson Nixon voting yes. Approval of Minutes Council Member Terry Caviness made a motion to approve the minutes from the Budget Retreat March 5, 2024, Budget Retreat March 12, 2024, Work Session March 18, 2024, and the Council Meeting March 25, 2024. Council Member Tyson Nixon seconded the motion which passed unanimously: Council Member Don Herndon voted yes, Council Member Tyson Nixon voted yes, Council Member Greg Carpenter voted yes, Council Member Terry Caviness voted yes and Council Member Larry Coble voted yes. The minutes were approved. Consent Agenda The Consent Agenda includes: Backflow Program Resolution, Budget Amendment # 22 (Streets), Budget Amendment # 23 (Library) and the Proclamation National Day of Prayer. Council Member Larry Coble made a motion to approve the Consent Agenda. Council Member Tyson Nixon seconded the motion which passed unanimously with Council Members: Larry Coble, Terry Caviness, Don Herndon, Greg Carpenter and Tyson Nixon voting yes. Old Business Duke Easement Request Around April 1,2024, Duke Energy Progress, LLC, submitted ai request for an easement across Town Property on parcel 872699638 for underground utilities (power) to support parcel 8726995502, owned by Russell Lineberry. Jason Collins and Russell Lineberry were present. Janie Phelps came forward. The easement is on town property and would need Council approval. Council Member Herndon asked ift there was a water/sewer meter on Smith Street. Joseph Walsh said there were two just to keep up if there was a leak and the lines run diagonally. Town Attorney Bill Flowe said there was no indication that they could not come down Staley Street. Mr. Lineberry came forward and said there is a light pole and the easement comes straight from the pole. Adjoining property owner Mr. Rodriquez gave them access to easement. Trees would: need to be cut down ifi ran down the street, Iti is on property right down the line. It has temporary service and water and sewer. Council Member Coble said five feet would be more acceptable. Council Member Tyson Nixon made ai motion that the Town Attorney and Assistant Town Manager draft an easement agreement that is in the best interest of the town. Council Member Larry Coble seconded the motion which passed unanimously with Council Members: Larry Coble, Terry Caviness, Don Herndon, Greg Carpenter, and Tyson Nixon voting yes. New Business AIM: Program NCLM 31 Kathy Bond and Adrian Abbott learned about this program at a meeting they attended. It is a mentoring program provided by the NCLM funded through ARPA funds they received to help small towns that need assistance. They provide ai mentor to the town and look at their software and provide advice and suggestions as well as answer questions at Council Member Tyson Nixon made ai motion to approve Liberty joining the AIM Program. Council Member Terry Caviness seconded the motion which passed unanimously with Council Members: Larry Coble, Terry Caviness, Don Herndon, Greg no cost to the town. Carpenter, and' Tyson Nixon voting yes. Administrative Reports Manager's Report The Town Manager thanked everyone for their help during Budget season and all their work towards obtaining grants. Committee Reports ABC Board Update. - Douglas Hardin Board Chair Douglas Hardin came forward to speak. He said they are. looking at possibly adding a new loading dock. They hope to add a Financial Officer Assistant that could be trained by their current one who may look to retire soon. Their sales are up 5% this year. Due to starting al business, a fulltime job, and his wife expecting he is stepping down but Their parking lot and new coolers were their two big projects. current member Chris Compton is willing to serve as Chair. Mayor Comments Adjourn Mayor York thanked everyone for this afternoon's Budget Retreat and tonight's meeting. There being no further business to discuss, Council Member Tyson Nixon made ai motion to adjourn. Council Member Don Herndon seconded the motion which passed unanimously with a vote: Council Member Don Herndon voted yes, Council Member Tyson Nixon voted yes, Council Member Greg Carpenter voted yes, Council Member Terry Caviness voted yes, and Council MemberLarry Coble voted yes. The meeting was adjourned. Himee Lpib Mayor Filmore York ATTEST: ARAIA 9.Be Town/flerk GREAT P1, Piberty Attachment D RESOLUTION OF THE TOWN OFI LIBERTY TOWN COUNCIL APPROVING A CONSISTENCY STATEMENT AND STATEMENT OF REASONABLENESS FOR' THE APPROVALOF McNeill Capital, LLC, property addressed 3577 Hinshaw Country Rd WHEREAS, the Town ofLiberty Town Council has received the application to rezone Parcel 8736318014 (the "Amendment"): and finds that the same is consistent with the Town of Liberty Land Development Plan; and WHEREAS, in addition, the Town ofLiberty Town Council considers the. Amendment tol be reasonable and int the public interest beçause thei rezoning to Residential Multifamily is consistent with the Land Development Plan by supporting residential growth. NOW,THEREFORE, BE IT RESOLVED, by the Town ofLiberty Town Council that, for the reasons set forth above, the Amendment and presented documentation are found to be consistent with the Town ofLiberty Land Development Plan and are determined to be reasonable and in the public interest. Adopted, this the 22nd day of April, 2024 dipe Filmore York, Mayor Town ofLiberty Lub ATTEST: Jessical Pai Re ToxnofLiberty Council Town ofl Liberty e P. 0. Box 1006 e 128 South Fayetteville Street e Liberty, NC: 27298 Phone (336) 622-4276 e Fax (336) 622-2665 e www.liberty-NC.com GRE IVE SPiberly Attachment C AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF LIBERTY Cheryl Causey Cox, Trustee, and Kimberly Patterson Hall, Trustee, for the Waldo Gordon WHEREAS, the' Town ofLiberty Town Council has considered the request to rezone approximately 1.96 acres, being portions of parcels 8736113237 and 8736104815, located off ELowe. Ave, Liberty, NC27298, from I (Industrial) tol R6 (residential 6,000 square feet) to develop the site as needed in accordance with the' Town ofLiberty Ordinances to account for future growth oft the Town, and: finds that the amendment is consistent with thel Land Development Plan as described ini the Consistency Statement Resolution; and Causey Trustee properties WHEREAS, the Council finds that the rezoning request set forth in the. Application and incorporated herein by reference, if approved as pursuant to the provisions oft the zoning ordinance, would be suitable for the property proposed for the rezoning; and WHEREAS, the Council finds the rezoning request to meet the standards oft the zoning BE IT ORDAINED, by the Town Council oft the Town ofLiberty as follows: 1. The application to rezone portions oft the property described as Parcel No's. 8736113237 and 8736104815, and being approximately 1.96 acres as depicted in Attachment "A", located off] El Lowe Ave, from Itol R6, is approved and the zoning map ordinance and thel Land Development Plan; and is amended accordingly. 2. This ordinance shall become effective upon its adoption. Adopted this 22nd day of April, 2024 ihee Filmore York, Mayor Town ofLiberty fpb ATTEST: Imll ABm Jessica/Brown, Clerk tot the'Council Town fLiberty Town of Liberty e P.C O. Box 1006 e 128 South Fayetteville Street e Liberty, NC27298 Phone (336) )622-4276 e Fax (336) 622-2665 e www.lberty-N.C.com GREAT PLACE TO LIVE OF NORTH CAROLINA bcily BACKFLOW AND CROSS-CONNECTION CONTROL ORDINANCE ADOPTED:Apla, 2024 AN ORDINANCE OF THE TOWN OF LIBERTY COUNCIL ESTABLISHING BACKFLOW AND CROSS CONNECTION CONTROL FOR ALL CUSTOMERS OF THE TOWN OF LIBERTY WATER SYSTEM BE IT ORDAINED by the TOWN OF LIBERTY COUNCIL: TOWN OF LIBERTY Backflow and Cross Connection Control Ordinance Sec. 1-1. Introduction (a) The purpose of this Backflow and Cross Connection Control Ordinance (this "Ordinance") is to define the authority of TOWN OF LIBERTY(the "TOWN") as the water purveyor in the elimination of all cross connections within its public (b) This Ordinance shall apply to all users connected to the Towns public potable water supply regardless of whether the user is located within the boundaries of potable water supply. the Town or outside oft the' Town boundaries. (c) This Ordinance will comply with the Federal Safe Drinking Water Act (PL93-523), the North Carolina State Administrative Code (15A NCAC 18C), and the North Carolina State Building Code (2018) as they pertain to cross connections witht the public water supply. Sec. 1-2. Objectives of Ordinance The specific objectives ofthis Ordinance are as follows: (1) To protect the public potable water supply of the Town against actual or potential contamination by isolating within the consumer's water system contaminants or pollutants which could, under adverse conditions, backflow through uncontrolled (2) To eliminate or control existing cross connections, actual or potential, between the consumer's potable water system and nonpotable ori industrial piping system. cross connections into the public water system. -2- (3) Toj provide a continuing inspection program ofcross connection control which will systematically and effectively control all actual or potential cross connections which may be installed in the future. Sec. 1-3. Responsibilities (a) Health agency The North Carolina Department of Environmental Quality ("DEQ") has the responsibility for promulgating and enforcing laws, rules, regulations, and policies to be followed in carrying out an effective cross connection control program. DEQalso has the primary responsibility ofinsuring that the water purveyor operates the public potable water system free of actual or potential sanitary hazards, including unprotected cross connections. DEQ has the further responsibility of insuring that the water purveyor provides an approved water supply at the service connection to the consumer's water system and, further, that the water purveyor requires the installation, testing, and maintenance of an approved backflow prevention assembly on the service connection when required. (b) Water purveyor Except as otherwise provided in this Ordinance, the Town's responsibility to ensure a safe water supply begins at the source and is all of the public water distribution system, including the service connection, and ends at the point of delivery to the consumer's water system. In addition, the water purveyor shall exercise reasonable vigilance to insure that the consumer has taken the proper steps to protect the public potable water system. To insure that the proper precautions are taken, the Town is required to determine the degree ofhazard or potential hazard to the public potable water system; to determine the degree of protection required; and to ensure proper containment protection through an on- going inspection program. When it is determined that a backflow prevention assembly is required for the protection of the public system, the Town shall require the consumer, at the consumer's expense, to install an approved backflow prevention assembly at each service connection, to test immediately upon installation and thereafter at a frequency as determined by the County, to properly repair and maintain such assembly or assemblies and to keep adequate records of each test and subsequent maintenance and repair, including materials and/or replacement parts. (c) Plumbing inspection The building inspections department of the County and/or the Town has the responsibility to not only review building plans and inspect plumbing asi iti is installed; but, to prevent and prohibit cross connections from being designed and built into the plumbing system within its jurisdiction. Where the review of building plans suggests or -3- indicates the potential for cross connections being made an integral part of the plumbing system, the plumbing inspector has the responsibility, under the state building code, to require that such cross connections be either eliminated or provided with backflow prevention equipment approved by the state building code. The plumbing inspector's responsibility begins at the point of delivery, downstream of the first installed backflow prevention assembly, and continues throughout the entire length of the consumer's water system. The inspector should inquire about the intended use of water at any point where it is suspected that a cross connection might be made or where one is actually called for by the plans. When such is discovered it shall be mandatory that a suitable, approved backflow prevention assembly approved by the state building code be required by the plans and be properly installed. The primary protection assembly for containment purposes only shall have approval from the Town, the state building code, and DEQ. (d) Consumer and The consumer has the primary responsibility of preventing pollutants contaminants from entering the consumer's potable water system or the public potable water system. The consumer's responsibility starts at the point of delivery from the public potable water system and includes all of the consumer's water system. The consumer, at his own expense, shall install, operate, test, and maintain approved backflow prevention assemblies as directed by the Town. The consumer shall maintain accurate records of tests and repairs made to backflow prevention assemblies and shall maintain such records for a minimum period of three years. The records shall be on forms approved by the Town and shall include the list of materials or replacement parts used. Following any repair, overhaul, repiping or relocation of an assembly, the consumer shall have it tested to insure that it is in good operating condition and will prevent backflow. Tests, maintenance, and repairs of backflow prevention assemblies shall be made by a certified backflow prevention assembly tester. (e) Certified backflow prevention assembly testers When employed by the consumer to test, repair, overhaul, or maintain backflow prevention assemblies, a backflow prevention assembly tester will have the following responsibilities: The tester will be responsible for making competent inspections and for repairing or overhauling backflow prevention assemblies and making reports of such repair to the consumer and responsible authorities on forms approved by the Town. The tester shall include the list of materials or replacement parts used. The tester shall be equipped with and be competent to use all the necessary tools, gauges, manometers and other equipment necessary to properly test, repair, and maintain backflow prevention assemblies. It will be the tester's responsibility to insure that original manufactured parts are used in the repair of or replacement of parts in a backflow prevention assembly. It will be the tester's further responsibility not to change the design, material or operational 4- characteristics of an assembly during repair or maintenance without prior approval of the Towri. A certified tester shall perform the work and be responsible for the competency and accuracy of all tests and reports. A certified tester shall provide a copy of all test and repair reports to the consumer and to the Towri utilities department within ten business days of any completed test or repair work. A certified tester shall maintain such records for a minimum period of three years. All certified backflow prevention assembly testers must obtain and employ backflow prevention assembly test equipment which has been evaluated and/or approved by the Towri. All test equipment shall be registered with the Towri utilities department. All test equipment shall be checked for accuracy annually, at a minimum, calibrated, if necessary, and certified to the Towri as to such calibration, employing an accuracy/calibration method acceptable to the Towri. All certified backflow prevention assembly testers must become re- certified every two years through an approved backflow prevention certification program. Sec.1-4. Definitions. The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a Air-gap separation means a physical separation between the free flowing discharge end of a potable water supply pipeline and an open or nonpressure receiving vessel. An approved air-gap separation shall be at least double the diameter of the supply pipe measured vertically above the overflow rim of the receiving vessel, but in no case less Approved means, as used in reference to a water supply, a water supply that has been approved by DEQ; or, as used in reference to air-gap separation, a pressure vacuum breaker, a double check valve assembly, a double check detector assembly, a reduced pressure principle backflow prevention assembly, a reduced pressure principle detector assembly, or other backflow prevention assemblies or methods that meet the approval of Backflow means the undesirable reversal of flow of water or mixtures of water and other liquids, gases, or other substances into the distribution pipes of the consumer or public Backflow prevention assembly-Approved. The term "approved backflow prevention assembly" means an assembly used for containment and/or isolation purposes that has been investigated and approved by the Towri and has been shown to meet the design and performance standards of the American Society of Sanitary Engineers (ASSE), the American Water Works Association (AWWA), or the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern Califoria. The approval of backflow prevention assemblies by the County is based on a favorable report by the different meaning: than one inch (2.54 cm). theTowri. potable water system from any source or sources. -5- Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California, recommending such an approval. To be approved, an assembly must Baclflow prevention assembp-Uhepprovex. The term 'unapproved backflow prevention assembly" means an assembly that has been investigated by the Town and has been determined to be unacceptable for installation within the Town water system. Consideration for disapproval and removal from the "approved list" shall be based upon, but not limited to, the following criteria: (i) Due to poor performance standards (i.e., significant failure rate); (ii) lack of or unavailability of repair parts; and/or, (ii) poor Backflow prevention assembly--Type means an assembly used to prevent backflow into a consumer or public potable water system. The type of assembly used should be based on be readily accessible for in-line testing and maintenance. service or response from assembly's factory representative. the degree ofhazard either existing or potential. The types are: (1) Double check valve assembly (DCVA). (2) Double check detector assembly (fire system) (DCDA). (3) Pressure vacuum breaker (PVB). (4) Reduced pressure principle assembly (RP). (5) Reduced pressure principle detector assembly (fire system). (RPDA). Backflow prevention assembly lester--Certified. The term "certified backflow prevention assembly tester" means a person who has proven his competency to the satisfaction ofthe Town. Each person who is certified to make competent tests, or to repair, overhaul, and make reports on backflow prevention assemblies shall be knowledgeable of applicable laws, rules, and regulations, shall be a licensed plumber or have at least two years experience under and be employed by a North Carolina licensed plumber or plumbing contractor, or have equivalent qualifications acceptable to the Town, and must hold a certificate of completion from an approved training program in the testing and repair of Baclflow prevention device--Approved. The term "approved backflow prevention device" means a device used for isolation purposes that has been shown to meet the design and performance standards of the American Society of Sanitary Engineers (ASSE) and the Back-pressure backflow means any elevation in the consumer water system, by pump; elevation of piping, or steam and/or air pressure, above the supply pressure att the point of delivery whichwould cause, or tend to cause, a reversal oft the normal direction of flow. Back-siphonage backflow means a reversal of the normal direction of flow in the pipeline due to a negative pressure (vacuum) being created in the supply line with the backflow backflow prevention assemblies. American Water Works Association (AWWA) source subject to atmospheric pressure. 6- Check valve--Approved. The term lapproved check valve" means a check valve that is drip-tight in the normal direction of flow when the inlet pressure is at least one psi and the outlet pressure is zero. The check valve shall permit no leakage in a direction reverse to the normal flow. The closure element (e.g. clapper, poppet, or other design) shall be internally loaded to promote rapid and positive closure. An approved check valve is only one component of an. approved backflow prevention assembly, i.e., pressure vacuum breaker, double check valve assembly, double check detector assembly, reduced pressure Consumer means any person, firm, or corporation using or receiving water from the Consumer's potable water system means that portion of the privately owned potable water system lying between the point of delivery and point of use and/or isolation protection. This system will include all pipes, conduits, tanks, receptacles, fixtures, equipment, and appurtenances used to produce, convey, store, or use potable water. Consumer's water system means any water system commencing at the point of delivery and continuing throughout the consumer's plumbing system, located on the consumer's premises, whether supplied by public potable water or an auxiliary water supply. The system or systems may be either aj potable water system or an industrial pipingsystem. Containment means preventing the impairment of the public potable water supply by installing an approved backflow prevention assembly at the service connection. Contamination means an impairment of the quality of the water which creates a potential or actual hazard to the public health through the introduction of hazardous or toxic substances or through the spread of disease by sewage, industrial fluids, or waste. Cross connection means any unprotected actual or potential connection or structural arrangement between a public or a consumer's water system and any other source or system through which it is possible to introduce any contamination or pollution, other than the intended potable water with which the system is supplied. Bypass arrangements, jumper connections, removable sections, swivel or change-over devices, and other temporary or permanent devices through which or because of which "backflow" can or Double check detector assembly means a specially designed assembly composed of a line-size approved double check valve assembly with a specific bypass water meter and a meter-sized approved double check valve assembly. The meter shall register (in U.S. gallons/cubic feet) accurately for only very low rates of flow and: shall show a registration for all rates of flow. This assembly shall only be used to protect against a nonhealth Double check valve assembly means an assembly composed of two independently acting, approved check valves, including tightly closing shutoff valves attached at each end of principle assembly, or reduced pressure detector assembly. Town water system. may occur are considered to be cross connections. hazard (i.e., pollutant). -7- the assembly and fitted with properly located test cocks. This assembly shall only be used Hazard--Degree of The term "degree of hazard" is derived from the evaluation of conditions within a system which can be classified as either a pollutional" (nonhealth) or Hazard--Heal!h. The term "health hazard" means an actual or potential threat of contamination ofa a physical, hazardous or toxic nature to the public or consumer's potable water system to such a degree or intensity that there would be a danger to health. Hazare-Nonheallh The term "nonhealth hazard" means an actual or potential threat to the quality of the public or the consumer's potable water system. A nonhealth hazard is one that, ifintroduced into the public water supply system, could be a nuisance to water Hazare-Pollutiona. The term pollutional hazard" means an actual or potential threat to the quality or the potability of the public or the consumer's potable water system but which would not constitute al health or a system hazard, as defined. The maximum degree or intensity of pollution to which the potable water system could be degraded under this definition would cause a nuisance or be aesthetically objectionable or could cause minor Health agency means the North Carolina Department of Environmental Quality Industrial fluids means any fluid or solution which may be chemically, biologically, or otherwise contaminated or polluted in a form or concentration such as would constitute a health or nonhealth hazard ifi introduced into a public or consumer potable water system. Such fluids may include, but are not limited to: process waters; chemicals in fluid form; Industrial piping ystem-Consumer's. The term "consumer's industrial piping system" means any system used by the consumer for transmission of or to confine or store any fluid, solid or gaseous substance other than an approved water supply. Such a system would include all pipes, conduits, tanks, receptacles, fixtures, equipment, and appurtenances used to produce, convey, or store substances which are or may be polluted Isolation means the act of confining a localized hazard within a consumer's water system by installing approved backflow prevention assemblies. Disclaimer: the Town may make recommendations, upon facility inspection, as to the usages of isolation devices/assembles, but does not assume, nor does it have any responsibility whatsoever to protect against a nonhealth hazard (i.e., pollutant). a"contamination" (health) hazard. customers, but would not adversely affect human health. damage to the system or its appurtenances. acids and alkalis; oils, gases; etc. or contaminated for such installations. -8- Point of delivery means generally at the property line of the customer, adjacent to the public street where the Town mains are located, or at aj point on the customer's property where the meter is located. The customer shall be responsible for all water piping and Pollution means an impairment of the quality of the water to a degree which does not create an actual hazard to the public health but which does adversely and unreasonably Potable water means water from any source which has been investigated by DEQ and Public potable water system means any publicly or privately owned water system operated as a public utility, under a current DEQ permit, to supply water for public consumption or use. This system will include all sources, facilities, and appurtenances between the source and the point of delivery such as valves, pumps, pipes, conduits, tanks, receptacles, fixtures, equipment, and appurtenances used to produce, convey, treat, Reduced pressure principle backflow prevention assembly means an assembly containing within its structure a minimum of two independently acting, approved check valves, together with a hydraulically operating, mechanically independent, pressure differential relief valve located between the check valves and at the same time below the first check valve. The first check valve reduces the supply pressure a predetermined amount SO that during normal flow and at cessation of normal flow, the pressure between the checks is less than the supply pressure. In case of leakage of either check valve, the pressure differential relief valve, by discharge to atmosphere, shall operate to maintain the pressure between the checks less than the supply pressure. The unit shall include tightly closing shutoff valves located at each end of the assembly and each assembly shall be fitted with properly located test cocks. The assembly is designed to protect against a Reduced pressure principle detector assembly means a specially designed assembly composed of a line-size approved reduced pressure principle backflow prevention assembly with a specific bypass water meter and a meter-sized approved reduced pressure principle backflow prevention assembly. The meter shall register, in U.S. gallons/cubic feet, accurately for only very low rates of flow and shall show a registration for all rates of flow. This assembly shall be used to protect against a health hazard (i.e., Service connections means the terminal end of a service connection from the public potable water system, i.e., where the Town loses jurisdiction and sanitary control over Vacuum breaker-Amopheric type. The term "atmospheric vacuum breaker," also known as the "nonpressure type vacuum breaker," means a device containing a float- control devices located on the customer's side oft the point of delivery. affect the aesthetic qualities of such waters for domestic use. which has been approved for human consumption. or store potable water for public consumption or use. health hazard (i.e., contaminant). contaminant). the water ati its point of delivery to the consumer's water system. -9- check, a check seat, and an airi inlet port. The flow of water into the body causes the float toc close the air inlet port. When the flow of water stops, the float falls and forms a check valve against back-siphonage and at the same time opens the air inlet port to allow air to enter and satisfy the vacuum. A shutoff valve immediately upstream may be an integral part of the device. An atmospheric vacuum breaker is designed to protect against a nonhealth hazard, isolation protection only, under a backsiphonage condition only. Vacuum breaker-Pressure type. The term pressure vacuum breaker" means an assembly containing an independently operating internally loaded check valve and an independently operating loaded air inlet valve located on the discharge side of the check valve. The assembly is to be equipped with properly located test cocks and tightly closing shutoff valves attached at each end oft the assembly. This assembly is designed to protect against al health hazard (i.e., contaminant) under a backsiphonage condition only. Water, purveyor means the owner or operator of a public potable water system, providing Water. supply--Approved. The term l"approved water supply" means any public potable water supply which has been investigated and approved by DEQ. The system must be operating under a valid health permit. In determining what constitutes an approved water supply, Water supply--Auxiliary. The term lauxiliary water supply" means any water supply on or available to a premises other than the Town's approved public potable water supply. These auxiliary waters may include water from another purveyor's public potable water supply or any natural source such as a well, spring, river, stream, etc., "used water", or industrial fluids. These waters may be polluted, contaminated, or objectionable and constitute an unacceptable water source over which the Town does not have sanitary control. Water swpply-Unapproyed. The term unapproved water supply" means a water supply Water--Used. The term "used water" means any water supplied by a water purveyor from a public water system to a consumer's water system after it has passed through the point of an approved water supply to the public. DENR shall reserve the final judgment as to its safety and potability. which has not been approved for human consumption by DEQ. delivery and ist no longer under the control of the water purveyor. Sec.1-5.) Right of entry (a)Authorized representatives from the Town shall have the right to enter, upon presentation of proper credentials and identification, any building, structure, or premises during normal business hours, or at any time during the event of an emergency, to perform imposed by this Ordinance. Those duties may include sampling and testing of any duty or inspections and observations of all piping systems connected to the public water water, supply. Where a customer has security measures in force which would require proper identification and -10- clearance before entry into customer's premises, the customer shall make necessary arrangements with the security guards SO that upon presentation of suitable identification, Town personnel will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. Refusal to allow entry for these purposes may result in discontinuance of water service. (b) On request, the consumer shall furnish to the Town any pertinent information regarding the water supply system on such property where cross connections and backflow are deemed possible. Sec. 1-6. Elimination of cross connections; degree ofl hazard (a) When cross connections are found to exist, the owner, his agent, occupant, or tenant will be notified in writing to disconnect the cross connection within the time limit established by the Town Degree of protection required and maximum time allowed for compliance will be based upon the potential degree of hazard to the public water supply system. The maximum time limits are as follows: (1) Cross connections with private wells or other auxiliary water supplies-immediate disconnection. (2) All facilities which pose a health hazard to the potable water system must have a containment assembly in the form of a reduced pressure principle (3) All industrial and commercial facilities not identified as a health hazard shall be considered nonhealth hazard facilities. All nonhealth hazard facilities must install, as a minimum containment assembly, a double (4) If, in the judgment of the Town, an imminent health hazard exists, water service to the building or premises where a cross connection exists may be terminated unless an air gap is immediately provided, or the cross (5) Based upon recommendation from the Town the consumer is responsible for installing sufficient internal isolation backflow prevention assemblies and/or methods (i.e., air gap, pressure vacuum breakers, reduced pressure principle backflow prevention assembly, double check (6) Water mains served by the Town but not maintained by the Town should be considered cross connections, with degree of hazard to be determined by the Town. Degree of protection shall be based upon the backflow prevention assembly within 60 days. check valve assembly within 90 days connection is immediately eliminated. valve assembly). degree ofhazard, as determined by the Town. -11- (7) In the event that a Town cross connection control inspector does not have sufficient access to every portion of a private water system (e.g., classified research and development facilities; federal government property) to allow a complete evaluation of the degree of hazard associated with such private water systems, an approved reduced pressure principle assembly shall be required as a minimum of protection. (b) No person shall fill special use tanks or tankers containing pesticides, fertilizers, other toxic chemicals or their residues from the public water system except at a location equipped with an air gap or an approved reduced pressure principle backflow prevention assembly properly installed on the public water supply. Sec. 1-7. Installation of assemblies. (a) All backflow prevention assemblies shall be installed in accordance with the specifications furnished by the Town and/or the manufacturer's installation instructions and/or in the latest edition of the state building code, whichever is most restrictive. (b) All new construction plans ands specifications, when required by the state building code and DEQ, shall be made available to the Town for review and approval, and to determine the degree ofhazard. Works Director discretion. the customer. (c) All backflow devices shall have a concrete base or a approved pad per Public (d) Ownership, testing, and maintenance of the assembly shall be the responsibility of (e) All double check valve assemblies must be installed in accordance with detailed specifications provided by the Town. Double check valve assemblies may be installed in a vertical position provided they have been specifically approved by the manufacture and with prior approval from the Town, provided the flow of water is in an upward direction, (f) Reduced pressure principle assemblies must be installed in a horizontal position and in a location in which no portion of the assembly can become submerged in any substance under any circumstances. Pit and/or below grade installations are (g) The installation of a backflow prevention assembly which is not approved must be (h) The installer is responsible to make sure a backflow prevention assembly is working properly upon installation and is required to furnish the following information to the Town utilities department within 15 days after a reduced pressure principle backflow preventer (RP), double check valve assembly (DCVA), pressure vacuum breaker (PVB), double check detector assembly (DCDA), or reduced pressure principle detector assembly (RPDA) is installed: prohibited. replaced with an approved backflow prevention assembly. 12- (1) Service address where assembly is located. (2) Owner and address, if different from service address. (3) Description of assembly's location. (4) Date ofinstallation. (5) Installer, include name, plumbing company represented, plumber's license number, and project permit number. (6) Type of assembly, size of assembly. (7) Manufacturer, model number, serial number. (8) Test results/report. (h) When it is not possible to interrupt water service, provisions shall be made for a parallel installation of backflow prevention assemblies. The Town will not accept an unprotected bypass around a backflow preventer when the assembly is The consumer shall, upon notification, install the appropriate containment in need of testing, repair or replacement. (i) assembly not to exceed the following time frame: Health hazard...6 60 days Non-health hazard...9 90 days G) Following installation, all reduced pressure principle backflow preventers (RP), double check valve assemblies (DCVA), pressure vacuum breakers (PVB), double check detector assemblies (DCDA), or reduced pressure principle detector assemblies (RPDA) are required to be tested by a certified backflow prevention assembly tester within ten days. Sec. 1-8. Testing and repair of assemblies (a) Testing of backflow prevention assemblies shall be made by a certified backflow prevention assembly tester at the customer's expense. A list of certified backflow prevention assembly testers can be provided by the Town. Such tests are to be conducted upon installation and annually thereafter. A record of all testing and repairs is to be retained by the customer. Copies of the records must be provided tot the Town within ten business days after the completion of any testing and/or repair work. (b) Any time that repairs to backflow prevention assemblies are deemed necessary, whether through annual or required testing or routine inspection by the owner or by the Town, these repairs must be completed within a specified time m accordance with the degree ofhazard. In no case shall this time period exceed: () Health hazard facilities...1 14 days (2) Non-health hazard facilities... 21 days 13- (c) All backflow prevention assemblies with test cocks are required to be tested annually or at a frequency established by Town regulations. Testing requires a water shutdown usually, lasting five (5) to twenty (20) minutes. For facilities that require an uninterrupted supply of water, and when it is not possible to provide water service from two separate meters, provisions shall be made for a parallel installation of backflow prevention assemblies. (d) All certified backflow prevention assembly testers must obtain and employ backflow prevention assembly test equipment which has been evaluated and/or approved by the Town. All test equipment shall be checked for accuracy annually, at a minimum, calibrated, if necessary, and certified to the Town as to such accuracylcalibration, employing a calibration method acceptable to the (€) Itshall be unlawful for any customer or certified tester to submit any record to the Town which is false or incomplete in any material respect. It shall be unlawful for any customer or certified tester to fail to submit to the Town any record which is required by this Ordinance. Such violations may result in any of the Town (see subsection 1-3(e). enforcement actions outlined in section 1-12. Sec. 1-9. Facilities requiring protection (a) Approved backflow prevention assemblies shall be installed on the service line to any premises that the Town has identified as having a potential for backflow. (b) The following types of facilities or services have been identified by the' Town as having a potential for backflow of nonpotable water into the public water supply system. Therefore, an approved backflow prevention assembly will be required on all such services according to the degree of hazard present. Other types of facilities or services not listed below may also be required to install approved backflow prevention assemblies if determined necessary by the Town. As a minimum requirement, all commercial services will be required to install a double check valve assembly, unless otherwise listed in this subsection. DCVA = Double check valve assembly RP =) Reduced pressure principle assembly DCDA = Double check detector assembly RPDA: = Reduced pressure detector assembly PVB= Pressure vacuum breaker () Aircraft and missile plants: RP AG Air gap (2) Automotive services stations, dealerships, etc. a, No health hazard: DCVA b. Health hazard: RP -14- (3) Automotive plants: RP (4) Auxiliary water systems: a. b. Approved public/private water supply: DCVA Unapproved public/private water supply: AG C. Used water and industrial fluids: RP (5) Bakeries: a. b. a. b. No health hazard: DCVA Health hazard: RP No health hazard: DCVA Health hazard: RP (6) Beauty shops/barber shops: (7) Beverage bottling plants: RP (8) Breweries: RP (9) Buildings-Hotels, apartment houses, public and private buildings, or other structures having unprotected cross connections. (Under five stories) no health hazard: DCVA (Under five stories) health hazard: RP (Over five stories) all: RP a. b. C. (10) Canneries, packing houses, and rendering plants: RP (11) Chemical plants-Manufacturing, processing, compounding or treatment: RP (12) Chemically contaminated water systems: RP (13) Commercial car-wash facilities: RP (14) Commercial greenhouses: RP (15) Commercial sales establishments (department stores, malls, etc.) a. b. No health hazard: DCVA Health hazard: RP (16) Concrete/asphalt plants: RP (17) Dairies and cold storage plants: RP (18) Dye works: RP -15- (19) Film laboratories: RP (20) Fire systems: a. Systems three-fourths inch to two inches: 1. No health hazard: DCVA 2. Health hazard: (booster pumps, foam, antifreeze solution, etc.): RP b. Systems 2 1/2 inches to ten inches or larger: 1. No health hazard: DCDA etc.): RPDA 2. Health hazard (booster pumps, foam, antifreeze solution, (21) Hospitals, medical buildings, sanitariums, morgues, mortuaries, autopsy facilities, nursing and convalescent homes, medical clinics, and veterinary hospitals: RP (22) Industrial facilities: a. b. (23) Laundries: a. b. No health hazard: DCVA Health hazard: RP No health hazard: DCVA Health hazard: (i.e., dry cleaners): RP (24) Lawn irrigation systems (split taps): PVB, RP (25) Metal manufacturing, cleaning, processing, and fabricating plants: RP (26) Mobile home parks: a. No health hazard: DCVA b. Health hazard: RP (27) Oil and gas production, storage or transmission properties: RP (28) Paper and paper products plants: RP (29) Pest control (exterminating and fumigating): RP (30) Plating plants: RP (31) Power plants: RP (32) Radioactive materials or substances plants or facilities handling: RP (33) Restaurants: -16- a. b. No health hazard: DCVA Health hazard: RP (34) Restricted, classified, or other closed facilities: RP (35) Rubber plants (natural or synthetic): RP (36) Sand and gravel plants: RP (37) Schools and colleges: RP (38) Sewage and storm drain facilities: RP (39) Swimming pools: RP (40) Waterfront facilities and industries: RP (c) All assemblies and installations shall be subject to inspection and approval by the Town. Sec. 1-10. Connections with unapproved sources of supply (a) No person shall connect or cause to be connected any supply of water not approved by DEQ to the water system supplied by the Town. Any such connections allowed. by the Town must be in conformance with the backflow prevention requirements of this Ordinance. (b) In the event of contamination or pollution of a public or consumer potable water system, the consumer shall notify the Town immediately in order that appropriate measures may be taken to overcome and eliminate the contamination or pollution. Sec. 1-11. Fire protection systems (a) All connections for fire protection systems connected with the public water system, two inches and smaller, shall be protected with an approved double check valve assembly as a minimum requirement. All fire systems using toxic additives or booster pumps shall be protected by an approved reduced pressure principle assembly at the main service connection, (b) All connections for fire protection systems connected with the public water system greater than two inches shall be protected with an approved double check detector assembly as a minimum requirement. All fire protection systems using toxic or hazardous additives or booster pumps shall be protected by an approved reduced pressure principle detector assembly at the main service connection. 17- (c) All existing backflow prevention assemblies 2 1/2 inches and larger installed on fire protection systems that were initially approved by the County shall be allowed to remain on the premises, as long as they are being properly maintained, tested, and repaired as required by this Ordinance. If, however, the existing assembly must be replaced once it can no longer be repaired, or in the event of proven water theft through an unmetered source, the consumer shall be required to install an approved double check detector assembly or reduced pressure principle detector assembly as required by subsection 1-9(20)b. Sec. 1-12. Enforcement. (a) The owner, manager, supervisor, or person in charge of any installation found not to be in compliance with the provisions of this Ordinance shall be notified in writing with regard to the corrective action to be taken. The time for compliance shall be in accordance with section 1-6. (b) The owner, manager, supervisor, or person in charge of any installation which remains in noncompliance after the time prescribed in the initial notification, as outlined in section 1-8, shall be considered in violation of this Ordinance, and may be issued a civil citation by the Town. The citation shall specify the nature of the violation and the provisions of this Ordinance violated, and further notify the offender that the civil penalty for such violation is as set forth in subsection (c) of this section and is to be paid to the Town within 30 days. If the penalty prescribed in this subsection is not paid within the time allowed, Town may initiate a civil action in the nature of a debt and recover the sums set forth in subsection (c) oft this section plus the cost of the action. (c) Any offender who shall continue any violation beyond the time limit provided for in the aforementioned notification shall be subject to a civil penalty of up to $1,000.00 per violation. Each day in which a violation of any provision of this Ordinance shall occur or continue shall constitute a separate and distinct offense. (d) If, in the judgment of the Town, any owner, manager, supervisor, or person in charge of any installation found to be in noncompliance with the provisions of this Ordinance neglects his responsibility to correct any violation, such neglect may result in discontinuance of water service until compliance is achieved. (e) Failure of a customer or certified tester to submit any record required by. this Ordinance, or the submission of falsified reports/records may, résult in a civil penalty of up to $1,000.00 per violation. ff a certified backflow prevention assembly tester submits falsified records to the Town, the Town shall take the necessary actions to revoke certification to test backfiow prevention assemblies within the potable water system for a time period not to exceed one year. The tester will then be required to complete an approved certification course tos acquire a new certification. Falsification made to records/reports after becoming -18- recertified shall result in the permanent revocation of backflow testing certification, in addition to a civil penalty as provided fori in this subsection. (f) Enforcement oft this program shall be administered by the Public Utilities Director (g) Requests for extension of time shall be made in writing to the Public Utilities Director of the Town or his or her authorized representative. All other appeals oft the Town or his or her authorized representative. shall be made in accordance with the following procedures: (1) Adjudicatory hearings. A customer assessed a civil penalty under this section shall have the right to an adjudicatory hearing before the Town Manager or his or her designee upon making written demand,: identifying the specific issues to be contended, to the Town within thirty (30) days following notice of final decision to assess a civil penalty. Unless such demand is made within the time specified in this subsection, the decision on the civil penalty assessment shall be final and binding. (2) Appeal hearings. Any decision of the Town Manager made as a result of an adjudicatory hearing held under subsection (g)(1) of this section may be appealed by any party to the Town Councif upon filing a written demand within ten (10) days of receipt of notice of the decision. Hearings held under this section shall be conducted in accordance with hearing procedures established by the Town Councit. Failure to make written demand within the time specified in this subsection shall bar further appeal. The Town Councit shall make a decision on the appeal within 90 days oft the date the appeal was filed and shall transmit a written copy of its decision by registered or certified mail to all parties. (3) Official record. When a final decision is issued under subsection (g)(2) of this section, the Town shall prepare an official record of the case thatincludes: a. All notices, motions, and other like pleadings; b. A copy of all documentary evidence introduced; C. A certified copy oft the transcript of the hearing or a narrative summary of the minutes; d. A copy oft the final decision of the Town. (4) Judicial review. Any customer against whom a final decision of the Town Council is entered pursuant to the hearing procedure under subsection (g)(2)d of this section, shall have the right to request a review by the Superior Court of Randolph County by proceeding in the nature of certiorari by filing a written petition for such judicial review within 30 days after receipt of 19- notice by certified mail of the order or decision, with the Clerk of the Superior Court of Randolph County, along with a copy to the Town. Within 30 days after receipt of the copy of the petition for judicial review, the Town shall transmit to the reviewing court the original or a certified copy of the official record, as outlined in subsection (g)(3) oft this section. Sec. 1-13. Severability If any section, subsection, sentence, or clause of this Ordinance is adjudged to be unconstitutional or otherwise invalid, such adjudication shall not effect the validity oft the remaining portion of this Ordinance, Iti is hereby declared that this Ordinance would have been passed, and each section, sentence, or clause thereof, irrespective of the fact that any one or more sections, subsections, sentences, or clauses might be adjudged to be unconstitutional, for any other reason invalid. INTRODUCED: ADOPTED: dilm 4/F/ Ma,po -20- ROCKYMOUNT 505523v2 Proclamation In Recognition of the NATIONAL DAY OF PRAYER By The TOWN OF LIBERTY WHEREAS, The National Day of Prayer tradition predates the founding of the United States of America, evidenced by proclamation in 1775 prior to George Washington, by the Continental Congress; Congress established an annual day of prayer in 1952 with no specific date; that law was amended in 1988 designating the first Thursday in May as the WHEREAS, the mission of the National Day of Prayer is to mobilize prayer: in America and to encourage personal repentance and righteousness in our culture; and WHEREAS, our people continue to be plagued with challenges that defy simple answers, and our hope lies in humbly seeking the Almighty's guidance, protection, and blessings not only on the National Day ofl Prayer, but throughout the year; and WHEREAS, May 2, 2024 is the 73rd consecutive observance of the National Day of Prayer, as mandated by both houses of Congress and by our President in Public Law WHEREAS, "Lift up the word - Light up the world" is the theme for the 2024 NOW, THEREFORE, I, Filmore York, Mayor of Liberty, North Carolina do hereby proclaim May 2, 2024 as a "DAY OF PRAYER" in Liberty, North Carolina and Iinvite the citizens of our Town to pray, in accordance with their own faiths and consciences, in thanksgiving for the freedoms and blessings we have received, and for God's guidance National Day of Prayer; and 100-307; and National Day of Prayer; and continued protection as we meet the challenges before us. AMEN dilue lyplb Filmore York Mayor, Town ofLiberty April 17, 2024 The Honorable Filmore York, Mayor Town Council Town of Liberty 126 South Fayetteville Street Liberty, North Carolina 27298 Dear Mayor York and Town Council, We are excited to announce that Liberty has been selected to be a participant in the launch of the North Carolina League of Municipalities Accounting, Instruction, and Mentorship Program (AIM). Ourteam wasi impressed by your candor and willingnesst to engage witht this new project. Wel believe this willl be a positive growth opportunity for all of us as we learn and work together on the development of the AIM Programi into al key training and support tool for municipalities Our anticipated start date is. June 2024. To prepare for the start of the program, we will need some documentation fromy your town. Included with this lettera are documents fory yout to review with your board, staff, and legal team. If desired, we are happy to present information about the program inj person toy your fulll board--this would take place prior to your completion ofthe documents and commitment to the program. Ify you would liket for ust tor make this presentation, please let us know as soon, as possible SO we can get on your calendar. Otherwise, simply let us know when you are ready to proceed with the documents and we will submit them to you electronically. We hope tol have all documentation completed and returned to us by the end of May 2024. Your contact for documentation and board presentations is Desmond Worrell, ARP Special Projects Coordinator. Desmond may be reached at dworrell@nclm.Org or at (919) 301- Asar reminder, there is no cost to your town for participating in this program--all we aski is for acommitment ofy your time and your willingness to engage with the program. Once we receive your completed paperwork, we will assign youar mentor and develop an initial timeline to begin the program that works with your schedules. Again, thank you for your interest and willingness to be one of the first members of AIM! We look forward to working across North Carolina. 1125. with you. Best regards, Carla Obiol Chief ARP Officer RESOLUTION TO. APPROVE A MUNICIPAL ACCOUNTING SERVICES, CYBERSECURITY AND TECHNICAL ASSISTANCE MEMORANDUM OF AGREEMENT WITNESSETH: WHEREAS, the North Carolina State Budget Act of2021 (SL 2021-180, as amended by SL2021-189, and SL 2022-6) provided to the NCLeague of] Municipalities (League) grant funds provided to the State ofNorth Carolina by the U.S. Treasury pursuant the Coronavirus State and Local Fiscal Recovery Funds ofH.R. 1319, American Rescue Plan WHEREAS, the League received two Award Agreements (OSBM-NCLM-65) from the Office of State Budget and Management (OSBM) and the North Carolina Pandemic WHEREAS, the first Award Agreement isi identified as OSBM-NCLM-65. This grant enables the League toj provide "financial software and assistance programs for units of local government for expenses related to the COVID-19 pandemic..."" This granti is referred to as the Municipal Accounting Services and Cybersecurity Grant; and WHEREAS, the second Award Agreement is identified as OSBM-NCLM-66. This grant enables the League "to provide guidance and technical assistance to units of local government in the administration ofi funds from the Local Fiscal Recovery Fund, as established in Section 2.6 ofS.L. 2021-25, and in the administration of projects funded through the State Fiscal Recovery Fund, as established in Section 2.2 of S.L. 2021-25." This grant is referred to as the Guidance and Technical Assistance Grant; and WHEREAS, the Municipal Accounting Services and Cybersecurity Grant and the Guidance and Technical Assistance Grant are collectively referred tol herein as the WHEREAS, the League Grants are deemed part ofUS Treasury Expenditure Category: 6, Revenue Replacement and shall only be spent on governmental services; and WHEREAS, pursuant to US Treasury Guidance, units of local government that receive services that are funded by one or both oft the League Grants are beneficiaries of one or both ofthe League Grants, respectively, and such services are provided at no cost to these WHEREAS, the League has established a Municipal Accounting Services, Cybersecurity and Technical Assistance Memorandum of Agreement pursuant to the terms of the League's Municipal Accounting Systems and Cybersecurity Grant and the Guidance and WHEREAS, this Municipal Accounting System, Cybersecurity and Technical Assistance Memorandum of Agreement will offer local municipalities: Act of2021 (ARP); and Recovery Office (NCPRO); and "League Grants". local governments; and Technical Assistance Grant; and eD UMOL (OueND) LSHIV JOAEAI (OureN) :Ag AIERIT JO ALD/NMO.L 420Z joep oyp sIyp podopy UB.ID) a0ueISISSV eoruyooL pue oouepmp ay pue: uB.ID Amoosagko pue SOOIA.IOS Sununoooy jedropuny s,on8eaT ay YAIA aouep.oo0e ur Aressooou SE suopoe pue sjuowoa.13e oyo yons pue (oga.ay quajeAinba Aeruejsqns ouo. O) quouroa.8y Jo umpue.ouoy poyoene ay1 egnooxo 01 pozuoyne SI yeIp/IO3ELEyA ay 8YL Z g0ueISISSY jeoluyooL pue Aunoasagko SOOIAIaS Supunoooy jedroruny oup 7EYL 'I poAo.dde Aqo.oy SI quouroa.3v3 Jo umpueiowo ALARIT JO NMO. IHL JO RVO#/IONIOD NMO.L/ALID IHL. A8 AATOSTH LIS I8 IOMITH.L MON pue VIT9IYXE SB oje.ay poyoene SI quouroo.8v: jo umpu.owo souesIssy jeoruyoeL pue Ajunoesagao 'SOOIAIOS Sugunoooy jedioruny ay SVTIHA pue ESV'00Z OZ8 pue 6E4'00Z HO 28 ur y.oy 1os SB sosIAop Bugnduoo Burpngour 'serddns pue 'surasks ABojouyoa) uopewojur Surpnjour quourdmbg (E) 6S4'00Z DZS ur yp.roy 1os SE TIPIS Tepoods B ssessod O uorssajo.d enop.ed ejo s.oquiour O.E oYM Ayedioruny oupjogeyag uo en8eeT ay Aq poureya. (SOOIA.IOS. IOJ0B.uoD) sIapiAo.Id OOIA.IOS a,our IO OuO Kq po.rapuo.I SOOIA.IaS (z) SE quoudmba rajnduroo pue O.IBAIJOS osodid jeroods JOJ sa.grpuadxo jeaideo 01 postur 1ou1 anq Surpnjour (SaOIA.IOS an8eo) on8eeT oyz Kq pa.apuo. SOOTAIOS (I) pue pue 6E4'00Z HO 28 ur yoJyos (1) Services rendered by the League (League Services) including but not limited to capital expenditures for special purpose software and computer equipment as (2) Services rendered by one or more service providers (Contractor Services), retained by thel League on behalf of the Municipality, who are members ofa particular profession or possess a special skill as set forth in $2 C.F.R. 200.459; (3)) Equipment, including information technology systems, and supplies, including computing devises, as set forth in $2 C.F.R. 200.439 and $2 C.F.R. 200.453; and set forth in $2 C.F.R. 200.439; and and WHEREAS, the Municipal Accounting Services, Cybersecurity and Technical Assistance Memorandum of Agreement, is attached hereto as Exhibit A; and NOW, THEREFORE BE IT RESOLVED BY THE CITY/TOWN COUNCIL/BOARD OF THE TOWN OF LIBERTY: 1.That, the Municipal Accounting Services, Cybersecurity and' Technical Assistance 2. That the Manager/Clerk is authorized to execute the attached Memorandum of Agreement (or one substantially equivalent thereto) and such other agreements and actions as necessary in accordance with the League's Municipal Accounting Services and Cybersecurity Grant and the Guidance and Technical Assistance Memorandum of Agreement is hereby approved. Grant. Adopted, this the 2arl day of Apil2024 TOWN/CITY ( By:_ (Name) Mayor ATTEST: (Name) Town flerk Jiby lypk PA A, a spyediounur [BOoI Jajjo TIM quauroo.8y. jo umpuerowoy aouejsISSy jeoruyooL pue Aunoesragko uroysks Sugunoooy jedrotuny sIyp SVIHM pue ue.IO aoue1sISSy jeoluyoaL pue aouepmo oy pue que.ID AumoasIagko pue suasks Bupunoooy jedroruny s,on8eoT oyjosuro, ay 01 quensind quouaa.8y. Jo umpue.owo ooueISISSV [eoluypoL pue Aunoosagko 'SOOIAIOS Bugunoooy edroruny B paysigese sey an8eeT ay SVTHA osoy 01 1500 ou 18 pepIAo.rd O.IB SOOIA.IOS yons pue AjpApoedsa. 'suBID on8eaT [oyjoyog IO ouoJ jo sopeloyouaq O.E sjue.ID angeeT aujo y0q. JO ouo Kq popuny O.IB ey SOOIA.IOS OAIO02. By, quOuIuIOAO3 pooijosiun 'aouepmp Amseo. sn 011 quens.ind SVTSHA pue SOOIAIOS ejueuureAos uo queds aq Ajuo Ieys pue quowaoerdos enueAag 9 :A108a1e0 apuadxg Amsea. snjo: gred pouoep O.BSIUB.ID anêeeT ay SVTHA pue SjUOuUIOA03 jeool