PROPOSED AGENDA Bermuda Run Town Council Meeting Tuesday, November 8, 2022 Bermuda Run Town Hall Mission: "The Town ofl Bermuda Run exists to provide core) public services that enhance the quality oflife fori its residents and an environment for the business  DERMUDI  6:00PM  community to thrive".  1. Call to Order 2. Pledge of Allegiance 3. Moment of Silence  "lt is the intent oft the Town Council to solemnize the proceedings oft this meeting and the business brought before the governing board, to offer the opportunity for a reflective moment of silence." 4. Town of Bermuda Run Code of Ethics Statement-Town Attorney Brian Williams  5. Adoption of the Agenda Motion: Motion: 7. Citizens' Comments 8. Presentation  Second: Second:  InF Favor: InF Favor:  Opposed: Opposed:  6. Approval of the October 11, 2022, Town Council Meeting Minutes  A. Thank a' Vet program-Kelly Funderburk, Davie County Register of Deeds 9. Davie County Sheriff Department Update-Sheriff JD Hartman  10. Proposed Action Items  A. Review of Proposed Agreement with Davie County Sheriff's Department  a. The agreement presented before the Town Council is a five (5) year renewal extension for the Davie County Sheriff's Department to provide for one fully equipped and fully trained law enforcement officer for duty in the Town for forty (40) hours per week. The assignment of duties is to be made under the direction and full control of the Sheriff as to days and hours ofs scheduling. Town Attorney Brian Williams has reviewed the proposed agreement. Staff is requesting that action be taken on the Agreement for Execution by Town Manager.  Motion:  Second:  In Favor:  Opposed:  B. Review of GrantelSub-Grantes Acknowledgement and Agreement  a. The State Legislature awarded Davie County $8M in ARPA funding in SL 2022-74. A portion oft the funding was intended to assist the Town of Bermuda Run in removing its wastewater discharge from the Yadkin River and transferring it to the Eastern Davie County Regional Wastewater System. The project involves upgrading the Bermuda Run Juniper Pump Station and removing the Bermuda Run Wastewater Treatment Plant. This agreement will allow Davie County to act as a pass-thru for the Town of Bermuda Run from the State of North Carolina for the above grant. Town Attorney Brian Williams reviewed the proposed  agreement.  Staff is requesting that action bet taken on the Agreement for Execution by Town Manager:  Motion:  Second:  In Favor:  Opposed:    C. Update 2022 Council Meeting Schedule  Staff is requesting that Thursday December 22, 2022, be considered for a Council Agenda Meeting  date. Motion:  Second:  In Favor:  Opposed:  11. Town Manager Report/Comments 12. Council/Mayor Comments  13. Adjourn Motion:  Second:  In Favor:  Opposed:    Town of Bermuda Run Town Council Meeting Minutes October 11, 2022 - 6:00 PM  The Town Council of] Bermuda Run held its scheduled meeting on Tuesday, October 11,2022 at Council Members Present: Mayor Rick Cross, Mike Brannon, Curtis Capps, Heather Coleman, and  6:001 PM. The meeting was. held at the Bermuda Run Town Hall.  Melinda Szeliga  Council Members Absent: Mike Ernst  Also Present: Call to Order Pledge of Allegiance Moment of Silence  Andrew Meadwell, Town Manager; Cindy Poe, Town Clerk; and Brian  Williams, Town Attorney  Mayor Rick Cross called the meeting to order.  Iti is the intent ofthe Town Council to. solemnize the proceedings ofthis meeting and the business brought before the governing board, to offer the opportunity, for ai reflective moment ofsilence. Town of Bermuda Run Code of Ethics Statement - Town Attorney Brian Williams  Adoption of the Agenda  Council Member made a motion to approve the agenda. Council. Member seconded the motion. The  motion was approved by a vote offour (4) inj favor and none opposed. Approval of the September 13, 2022 Town Council Meeting Minutes  Council Member Melinda Szeliga made ai motion to approve the September 13, 2022 meeting minutes. Council Member Curtis Capps seconded the motion. The motion was approved by a vote offour (4) in  favor and none opposed. Citizens' Comments - NONE Presentation- E911 Addressing  Staff discussed structure addressing posting requirements oft the Addressing and Road Naming Ordinance. Mike Foster, Community Officer proposed a campaign/public outreach for easily identifiable addresses. Stafffrom Davie County 911 Communications: and Emergency Services shared how: responses to E-911 calls are made and emergency personnel are dispatched. Davie County usesa newly updated "Next Generation 911". Representatives: from Smith Grove Fire Department shared that  they have reflective signs available for purchase.  Proposed Action Item  A. Bermuda Run Tourism Development Authority Appointments  The TDA Board was established by Town Council Resolution to be comprised of no less than three (3) members and no more than seven (7) members. State law requires the one-third (1/3) of the seats shall be reserved for individuals affiliated with business that collects the tax within the Town and one-half (1/2) of the seats shall be reserved for individuals who are active in    promoting travel and tourism in the Town. The Town Manager is an ex-officio member oft the Current TDA Board Members - Chair-Scott Wollaston, Executive Director, Twin City Soccer; Wayne Thomas, WinMock; Jeffery Woods, Hampton Inn; Andrew Meadwell, Town of Bermuda Run, Ex-officio member; Caroline Moser, Davie County Chamber of Commerce, Ex-  Board.  officio member. The BR TDA is requesting:  The following to be considered for Regular Member appointment: Landon Lynch-Atrium Wake Forest Baptist/Davie Medical Center; 3-year term  Drew Stevens-RISE; 3-year term Janice Karthanas-Hampton Inn; 3-year term Scott Wollaston, Chairman-2-year term Wayne Thomas, 2-year term Jeffery Woods, 2-year term  The following to be Re-Appointed for Regular Member appointment:  The following be appointed and reappointed as Ex-Officio Members: Caroline Moser, Andrew Meadwell, and Dora Robertson  Council. Member Curtis Capps made a motion to approve the proposed appointments to the Bermuda Run TDAfor the suggested terms in order to help stage appointments. Council Member Melinda Szeliga. seconded the motion. The motion was approved by a vote offour (4) inj favor and none opposed. Town Manager Comments - Andrew Meadwell gave an update regarding the Blue Heron Trail and  the Juniper Circle Waste Water Treatment Plant decommissioning.  Council/Town Manager/Mayor Comments  Melinda Szeliga - Appreciates all in attendance. Added that she 's toured the 911facility in Davie  County and. spoke of their quick, streamlined. response process. Curtis Capps - Very informative meeting; important to keep residents safe.  Heather Coleman - Thanked Officer Foster for bringing up the issue ofa addressing in order to, provide Mike Brannon - Expressed his disagreement with comments made by Davie County Commissioner Benita Finney regarding the Town of Bermuda Run not contributing funds to the Smith Grove Fire Dept. These comments were made at a. Davie County Commissioner's. meeting, then shared. in the local paper. Mike referenced. the 2016 Commissioners' decision to change the sales tax allocation from per capita to ad valorem--to permit additional county-wide. funding offire and other services--which resulted in an estimated $250,000 reduction in the town's budget. Additionally, Mike noted that all taxpayers in. Bermuda Run pay the standard. Fire Tax as, part oft their annual property taxes.  faster response times.  Rick Cross -  He' 's had conversations with. Davie County Commissioners regarding what the Town pays Feels it is very important to keep residents informed and educated regarding E-911. Agenda. Meeting on 10/25 will be held in the Davie Room at Winmock. Concert Friday at 6:30 pm - Special Occasion Band. Shredding Event on Saturdayfrom. 9- Noon Christmas in Bermuda Run - Sunday, Dec. 4  toward fire and rescue to make sure to set the record straight.  Early Voting begins 10/20.    "Thank a Vet" Program - Davie County Duke Energy - Continuous improvements. Thanked all in attendance.  Adjourn  With noj further business to discuss, Council Member Curtis Capps made ai motion to adjourn. Council Member Mike Brannon seconded the motion. The motion was approved by a vote offour (4)infavor  and none opposed. Approved  Respectfully Submitted  Rick Cross, Mayor  Cindy Poe, Town Clerk    [Typetext]  DRAFT 1  10/04/2022  State ofl North Carolina County ofDavie  Agreement  This agreement is entered into on this the day of Office, hereinafter referred to as "DCSO" as follows:  by and among  the Town of Bermuda Run, hereinafter referred to as "The Town" and the Davie County Sheriff's  Witnessed:  Whereas The Town has a desire and a need to provide law enforcement services within its corporate boundaries in order tol keep the peace, to enforce criminal laws oft the State ofNorth Carolina, to enforce the ordinances established by The County and The Town and to maintain  orderi in The Town; and  Whereas The DCSO is authorized toj provide the services outlined herein pursuant to the Whereas The DCSO is willing and agreeable to employ, to train, to assign and to supervise law enforcement officers from The DCSO to The Town with all expense being  provisions ofN.C.G.S. 160A-461, and  allocated to The Town;  NOW THEREFORE, THE PARTIES HERETO AGREE as follows;  1. The Town agrees:  A. To: reimburse The DCSO for 100% of the contracted costs for law enforcement officers for one forty hour period of time as outlined in attachment A, which costs include: the officers' salary and employee benefits, their uniform, equipment, and vehicle that is considered standard issue equipment; and all other operating and administrative expenses listed on attachment A for one (1). Deputy Sheriff. In the event that additional officers are requested to be assigned to' The Town, the costs on attachment A will be multiplied by the number ofc officers assigned, including any equipment cost. Should the Town ever desire to have more than three officers assigned then the fourth officer would B. Toi reimburse The DCSO for the actual costs associated with the provision of law enforcement officers assigned to The Town as outlined herein, which costs shall include salaries, benefits, training costs, equipment and supplies, and all other operating and administrative expenses listed on Attachment A hereto. In the event that additional officers are requested to be assigned to The Town, the costs on attachment A will be  be at a separate cost as agreed on by The DCSO and The Town;  Version 3, 10-3-17 Legal Reviewed    [Type text]  DRAFT1  10/04/2022  utilized as an estimate for those additional officers up to three officers. The Town agrees toj pay the actual costs associated with those additional officers as designated by The DCSO, and toj pay the up-front cost for each additional deputy which is incurred by The DCSO. The actual costs shall be determined according to section IV: herein below.  2.  DCSO agree:  A.Top provide one fully equipped and fully trained law enforcement officer for duty in The Town for forty (40) hours per week with the assignment to be made under the direction and full control of the Sheriff of] Davie County as to what days and hours of scheduling. Such deployment shall be as soon as practicable after the date ofthis  agreement.  B. To provide to The Town on a regular basis, reports and statistical information relevant C.T To provide the necessary Law Enforcement Liability Insurance to protect The County D. To continue to provide regular law enforcement services to the town as is] provided to the entire County during times that the assigned officer is not on duty within the  tot the activities within the corporate limits ofThe Town.  and The DCSO.  corporate limits. The Parties Agree:  3.  That the law enforcement officers assigned to The Town pursuant to this agreement remain employees ofthe Davie County Sheriff at all times during the term ofthis agreement. The officer (s), under the general concept of communitybased policing, will be responsible for performing law enforcement duties within The Town to include, but not limited to; patrolling within The Town, answering calls for service within The Town, conducting general security checks within The Town, provide information and education to the public within The Town; and otherwise interact with and assist residents, businesses, and visitors within The Town. The Town agrees to obtain prior written approval from the Sheriff or his designee before requesting the Sheriffi to assign an officer provided under this agreement toj perform other additional duties. All additional Officers assigned to The Town under this agreement will not perform any duties that are commonly referred to as code enforcement matters, including but not limited to the enforcement ofThe Town's. Zoning Ordinance, Sign Ordinance, Right of Way Ordinance, Public Nuisance Ordinance, or Open Burning Ordinance, or other matters that  duties shall be within the forty (40) hours as contracted.  commonly fall outside the scope ofl law enforcement duties.  Version 3, 10-3-17 LegalF Reviewed    [Type text]  DRAFT1  10/04/2022  Notwithstanding the above, the parties understand and agree that The DCSO primary responsibility at all times is law enforcement and safety within all ofDavie County and that circumstance may arise wherein the Sheriff determines it necessary to reassign officers from The Town for a given period oft time in order to: meet that primary  responsibility.  IV. Method of] Payment of] Reimbursable Expenses  A.Itist understood and agreed that the estimated cost to The Town shall be described in attachment A: for the upcoming year and for each following year oft the contract. B.The parties agree that on or prior to March 31st, The County will provide The Town with an estimate oft the costs which will be due and payable from The Town to The County for provision of services under this agreement for each subsequent twelve month period oft this agreement. The parties agree that the actual costs of providing services under this agreement cannot be known prior to the completion of any particular twelve month (July 1-J June 30) period ofthe agreement. The parties agree that The County will invoice The Town on a quarterly basis for 25% oft the estimated costs ofthis agreement for the first three quarters of the applicable twelve month period. Fort the fourth quarter of the period The County will invoice The Town in accordance with the reconciliation, SO that the total amount invoiced to and paid by The Town are the actual costs to The County of providing the services outlined in this agreement. It is understood that ifa vacancy occurs ini the position (s) allocated to The Town that The Town will not be billed for any salary and/or benefit costs for the position for the duration oft the vacancy. C.The Town agrees to a one time up-front payment for the cost ofe equipment needed to establish the position at the onset ofthis agreement. The amount tol be shown in attachment A. (Ini the event The Town determines it would rather amortize the cost oft the up-front payment for the cost of equipment needed to establish the position over a: five year period and then terminates this Agreement before the end of five (5): years, The Town will pay the then remaining up-front cost within thirty (30) days oft the date of D. The Town agrees to make payment of an invoice within fifteen days ofi receipt of such  termination.)  invoice from The County.  V. Terms of Agreement  A. The term oft this agreement is five years commencing from  and ending on  Version: 3,1 10-3-17 Legal Reviewed    [Type text]  DRAFT -- 1  10/04/2022  B.The agreement may be extended for additional and successive terms only upon  consent and writing signed by all parties below.  VI. Amendment to the Agreement  The agreement may be amended or modified only by agreement of all parties upon  consent and in writing signed by all parties.  VII. Termination of the Agreement  The agreement: may be terminated by any party upon giving ninety days' notice of termination in writing to the other parties to the agreement. The Town agrees to reimburse The County for any and all expenses incurred under the terms and  conditions oft this agreement up to the date oftermination  IN WITNESS WHEREOF the hereto parties have executed this agreement the date and  year first written above.  Davie County Sheriff's Office  By:  Date:  Sheriff  Town of] Bermuda Run  By:  Date:  Version3 3,1 10-3-17 Legal Reviewed        GRANTEE/SUB-GRANTEES ACKNOWLEDGMENT AND AGREEMENT  Grantee: County ofDavie Sub-Grantee: Town of] Bermudal Run  Project Title: Town of Bermuda Run Juniper Pump Station Renovation and Wastewater Treatment Plant (WWTP) Purpose of Grants: The State Legislature awarded Davie County $8M: in ARPA funding in SL 2022-74. A portion of the funding was intended to assist the Town of Bermuda Run ini removing its wastewater discharge from the Yadkin River and transferring it tot thel Eastern Davie County Regional Wastewater System. The project involves upgrading the Bermuda Run Juniper Pump Station and removing the Bermuda Run Wastewater Treatment Plant.  Removal  Amount of Grant: $1,800,000. Grant Ratification Date: 7/11/22  Project Notice to. Proceed Date: 7/20/22-P Project Duration: 300 days  In consideration oft the Grantee agreeing to act as aj pass-thru for the Sub-Grantee from the State ofNorth Carolina for the above grant, and in further consideration of one ($1.00) dollar each paid to the other, the receipt of which is hereby  acknowledged by the execution of this Agreement, the parties to hereby agree as follows:  Special Terms and Conditions Applicable to Grant:  a) Funds are tol be used: for the public purposes associated with the terms and conditions as indicated above and incorporated into this Acknowledgment and Agreement by reference as iffully set forth. b) Release of funds is contingent on the express conditions oft the above referenced. ARPA grant. No funds shall ber released unless the terms and conditions of this Grant is complied with and the funds have been Release of funds is contingent on the Sub-Grantee demonstrating that it has committed sufficient d) The Sub-Grantee is in material compliance with all federal, state, county, and local laws, regulations, zoning ordinance and orders that are applicable to the Sub-Grantee, and the Sub-Grantee has timely filed with the proper governmental authorities all statements and reports required by the laws, regulations, and orders to which the Sub-Grantee is subject and will continue to be in compliance during the duration of e) There is no litigation, claim, action, suit, proceeding or governmental investigation pending against the Sub-Grantee, and there is no pending or (to the Sub-Grantee's knowledge) threatened litigation, claim, action, suit, proceeding or governmental investigation against the Sub-Grantee that could reasonably be expected to have a material adverse effect upon the Sub-Grantee's ability to carry out this grant in The Sub-Grantee has timely paid allj judgments, claims, and federal, state, and local taxes payable by the Sub-Grantee the non-payment of which might resulti in al lien on any oft the Sub-Grantee's assets or might otherwise adversely affect the Sub-Grantee's ability to carry out this grant in accordance with its terms. g) The Sub-Grantee agrees toi maintain full, accurate and verifiable financial records, supporting documents, and all other pertinent data for the project funded for such times as are: required. The Sub-Grantee agrees  released from the State ofNorth Carolina to the Grantee. resources to allow completion of the project.  the grant life.  accordance with its terms.    toi retain all financial records, supporting documents, and all other pertinent records related to the project funded for a period off five (5)years from the end oft the grant funding period. In the event such records are audited, all project records shall be: retained beyond such: five-year period until all audit findings have been resolved. The Sub-Grantee shall make available to the Grantee, or the Grantee's designated representative, all of the Sub-Grantee's records that relate to the project funded, and shall allow the Grantee or the Grantee's representative to audit, examine and copy any data, documents, proceedings, records andi notes of activity relating to the project.. Access tot these records shall be allowed upon: request at any time during normal business hours and as often as the Grantee or its representative may deem h) The sub-grantee shall pay all costi incurred by the grantee inj preparing and submitting all report and other documents sO as to comply with the above two grants and hereby agrees that the grantee shall be allowed  necessary. The Sub-Grantee may be subject to audit by the State. Auditor. to withhold funds from the general grant funds to cover all such cost  Rescission and Termination of Grants: Rescission of a grant revokes the grant award. When funds have been disbursed to Sub-Grantee by the Grantee and a grant is rescinded, the Sub-Grantee may be liable for repayment to the Grantee ofa any and all grant funds received by the Sub-Grantee under the grant. Termination ofa grant ends the grant on a going-forward basis, and the Sub-Grantee is liable for repayment to the Grantee only of that portion of the grant funds that has been disbursed to but not expended by the Sub-Grantee in accordance with thet terms ofthe A grant may bei rescinded or terminated at any time, at the discretion ofthe County, for reasons including thei following:  grant. a. b. C. d. e. g. h. i.  The Grantee has not signed and delivered tot the Grantee the Sub-Grantee Acknowledgment and Agreement The Sub-Grantee is unable, or has failed or refused, to comply with a material term or condition of the The Sub-Grantee has experienced a change in circumstances that would have a material adverse effect The Sub-Grantee has failed or refused to submit a report, statement, accounting or return required under The Sub-Grantee has materially modified its budget fort thej project, and such material modification has not The Sub-Grantee commits a material violation of the Internal Revenue Code, or uses funds for some purpose not permitted by thel Internal Revenue Code or for some purpose not contemplated by the grant. The Sub-Grantee breaches any of the covenants or agreements contained in the Sub-Grantee Acknowledgment and Agreement, or any of the representations and warranties made by the Sub-Grantee  within two (2): months oft the date it was sent to the Sub-Grantee. The Sub-Grantee has failed to complete thej project within the time  grant.  upon the Sub-Grantee's ability to accomplish fully thej purposes oft the grant. the Sub-Grantee Acknowledgment and Agreement or by applicable law.  been approved by the Grantee.  in the Grantee Acknowledgment and. Agreement is untrue as to ai material fact.  Itis anticipated that a grant will be rescinded if one of the reasons set forth above exists and no grant funds have been disbursed. Where grant funds have been disbursed, iti is anticipated that a grant will be rescinded in the case of the more serious violations (including, without limitation, use of Grantee funds for some purpose not contemplated by the grant or in violation oft thel Internal Revenue Code, or upon other affirmative misconduct of the Sub-Grantee), and that termination of a grant will take place in the case of the less serious instances of General Terms: All ofthe Standard North Carolina Local Government Contractual Terms and Conditions ofthe attached rider (LGR- dated March 30,2020) shall apply to this Agreement and are hereby incorporated into this  noncompliance.  Agreement as if fully set forth.    The individual signing below certifies his or her authority to executet this Agreement on behalfofthe: Sub-Grantee. By executing this Agreement, the Grantee, to induce the Grantee to make this grant, makes each of the representations set forth hereinabove and certifies that each ofs such representations is true, accurate and complete  as oft the date hereof.  IN WITNESS WHEREOF, the Sub-Grantee has executed this Agreement this the  day  2022.  Town Of] Bermuda Run  Signature:.  (SEAL)  Name of Person Signing (print):  Title ofP Person Signing (print):  Date:  Davie County, North Carolina  By: County Manager Date:  (SEAL)    BtRe NORTH CAROLINA  2022 Council Meeting Schedule  Council Meeting 6 pm January 11 February 8 March 8 April 12 May 10 (Winmock Loft) June 14 July 12 August 9 September 13 (Calvary West) October 11 November 8 December 13  Agenda Meeting *8:30 am January 25 & February 1( (8am-Noon)  February 22 March 22 April 26 May 24 Wednesday, June 29 July 26 August 23 September 27 November 29 December 22  October 25 (Winmock - Davie Room) *8:30 am start time begins in May.