River Bend Town Council Work Session Minutes November 9, 2023 Town Hall 7:00 p.m. Mayor John Kirkland Lisa Benton Brian Leonard Barbara Maurer Buddy Sheffield Jeff Weaver Delane Jackson Kristie Nobles Trey Ferguson Sean Joll 11  Present Council Members:  Town Manager: Town Clerk: Town Attorney: Police Chief:  Members oft the Public Present: CALL TO ORDER  Mayor Kirkland called the meeting to order at 7:00 p.m. on Thursday, November 9, 2023, at the Councilwoman Maurer motioned to accept the agenda as presented. The motion carried Councilwoman Benton motioned to approve the Mutual Aid Agreement as presented. The Councilman Leonard motioned to approve Budget Amendment 23-B-03 as presented.  River Bend Town Hall with a quorum present. VOTE-Approval of Agenda unanimously.  VOTE. - Mutual Aid Agreement motion carried unanimously. (see attached) VOTE - Budget Amendment 23-B-03 The motion carried unanimously. (see attached) VOTE = Resolution to Accept $100,000 Grant $100,000. The motion carried unanimously. (see attached).  Councilman Leonard motioned to approve the Resolution to accept the ARPA grant offer of Councilman Weaver motioned to approve the Water Treatment Improvement Study Grant Project Ordinance as presented. The motion carried unanimously. (see attached) Councilman Weaver stated that the Parks and Recreation Advisory Board had inquired about planting a permanent tree to serve as the town's Christmas tree. After a brief discussion among the Council, they decided that it would be rushed to have a tree for this holiday season but want the Parks and Recreation Advisory Broad to gather information on the appropriate tree to have it Councilman Leonard stated that in the past the Council has discussed possibilities of what the Council may do with the Public Works Facility. He asked the Town Manager if the town would  VOTE -Grant Project Ordinance  Discussion - Christmas Tree Planting Project  planted before Christmas next year.  Discussion - Future Use of Soon-to-be Vacated Public Works Building    River Bend Town Council Nov. 9, 2023 Work SessionN Minutes Page2of22  receive the grant monies discussed previously to dispose of the facility and the Town Manager stated that he is not sure if the town would receive the funds, but he felt it is highly unlikely that the town is awarded those funds. Councilman Leonard stated the building would not be required to be torn down if the grant is not awarded and the Town Manager agreed. Councilman Leonard stated that ini the past the Council has discussed the possibility of providing a space for the Red Caboose Community Library. Councilman Leonard asked if there was any interest in allowing the library to use a portion of the current Public Works Facility and Councilwoman Maurer stated that "lt is an excellent idea" and the rest of the Council agreed. Councilman Weaver asked if there was a way to allow the library to use the facility without reversing the contract that was signed between the Red Caboose Community Library and the Town of River Bern? Councilman Sheffield stated that het felt that since the town has signed a contract with the library, the building use could be a part of that contract. The Town Manager stated that he and the Town Attorney had been discussing this and Attorney David Baxter had told him that there was a way to do this. Councilman Leonard stated that he felt this was not a permanent solution for finding the library a home, but it is a long-term solution. Councilman Leonard suggested that the Council would wait for guidance from the Town Manager and the Town Attorney. All agreed. The Mayor stated that he would like to establish a dress code for the Town Council for the council meetings. After a brief discussion the council agreed that in the months of October through March, it would be professional dress for the council at the regular council meetings, but The Town Manager stated that the draft Conditional Zoning Ordinance is included in the agenda package, and this includes the revisions that the Council had requested. He also stated that the  Discussion - Dress Code not the work sessions.  Discussion - Draft Conditional Zoning Ordinance Council would vote on this ordinance at the next meeting. Discussion = Updated Official Zoning Map VOTE- PDR-MF Study to Planning Board  The Town Manager presented the updated zoning mapi with ai few minor changes.  Councilman Sheffield motioned to direct the Planning Board to study the limitations under PDR- MF to make it more restrictive including possible renaming. The motion carried unanimously. REVIEW- Agenda for the November 16, 2023, Council Meeting The Council reviewed the agenda for the November 16, 2023, Council Meeting.  CLOSED SESSION  Councilman Sheffield moved to go into Closed Session under NCGS 143-316.1108)9)0)0) and to discuss the possible acquisition of land owned by Weldon Brown, Jr. and Naqueldon Brown for the location of a new water treatment facility. The motion carried unanimously. The Council Councilman Sheffield moved to return to Open Session at 9:10 p.m. The motion carried There being no further business, Councilman Sheffield moved to adjourn. The motion carried  entered Closed Session at 7:59 p.m.  OPENS SESSION unanimously. ADVOUFNMENIRECESS  unanimously. The meeting was adjourned at 9:10 p.m.  Kristie. J. Nobles, CMC, Town Mitan Clerk    DocuSign Envelope ID: ED848597-05D7-4D5E-98A4-A035CFE6DF2F  River Bend7 Town Nov. Council 9,2 2023 Work Session Minutes Page3of22  2023STATEWIDE MUTUAL. AID AGREEMENT FOR THE CITY/COUNTY/TOWNG OF.  River Bend  THIS AGREEMENT IS ENTERED: INTO BETWEEN THE NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, AND ITSI DIVISION OF EMERGENCY MANAGEMENT OF THESTATE OF NORTH CAROLINA AND BY EACH OF THE ENTITIES' THATI EXECUTES. AND ADOPTS THE UNDERSTANDINGS, COMMITIMENISTERMS, AND CONDITIONS CONTAINED WHEREAS, the State of North Carolina is geographically vulnerable to: a variety of WHEREAS, Chapter: 166A ofthel North Carolina General Statutes, entitled the North Carolina Emergency Management. Act, recognizes this vulnerability andj provides that 1. Reduce vulnerability of people and property oft this State to damage, injury, and loss 2.) Prepare for prompt and efficient rescue, care, and treatment oft threatened or  HEREIN:  natural disasters.  its intended purposes are to: oflifea and property; affected persons;  3. Provide fori the rapid and orderly rehabilitation of persons and restoration of property; 4. Providei for cooperation and coordination of activities relating to emergency and WHEREAS, pursuant to N.C. Gen. Stat. $166A-19.12(1) the North Carolina Division of Emergency Management is delegated the powers and duties from the Governor and Secretary of] Public Safety to coordinate the activities ofall State agencies for emergency WHEREAS, in addition to the State, the Federal Emergency. Management. Agency (FEMA) has recognized the importance oft the concept ofcoordination' between the WHEREAS, under Chapter 166A and other chapters ofthel North Carolina General Statutes, entities enteringinto1 mutual aid and assistance: agreements mayi include provisions forthe furnishing and exchanging of supplies, equipment, facilities, personnel and services; and WHEREAS, the entities which have chosen to become signatories to this Agreementwish toj provide mutual aid and assistance amongst one: another at the: appropriate times. THEREFORE, pursuant to G.S. 166A-19.72 and Article 20 of Chapter 160A, these entities agree to enteri into this Agreement for reciprocal emergency: management aid and  disaster mitigation, preparedness, response, and recovery.  management within the State;  State andl local governments;  1    DocuSign Envelope ID: ED848597-05D7-4D5E-98A4-A035CFE6DF2F  River Bend7 Town Nov. Council 9, 2023 Work Session! Minutes Page4of22  2023 STATEWIDE MUTUAL AID AGREEMENT  assistance, with this Agreement embodying the understandings, commitments, terms, and  conditions for said aid and assistance, as follows:  SECTIONL.DEFNITIONS  "Agreement" means this document, the North Carolina Statewide Emergency "Aid and assistance" include personnel, equipment, facilities, services, and  Management Mutual Aid: and. Assistance Agreement.  supplies.  "Authorized Representative" means aj party's employee whol hasl been authorized, in writing by that party, to request, to offer, ort to otherwise provide assistance under the terms ofthis Agreement. Thel list of Authorized Representatives for each party executing this Agreement shall be: attached tot the executed copy oft this Agreement. (In the event ofa change inj personnel, unless otherwise notified, the presumption will bet that the successor toi that position will bet the authorized  representative.)  "Disaster declaration" means a gubernatorial declaration that the impact or anticipated impact of an emergency constitutes: a' TypeI,II, III disaster as definedi in G.S. 166A- "Emergency" means an occurrence ori imminent threat of widespread or severe damage, injury, orl loss oflife or property resulting from any natural or man-made accidental, military, paramilitary, terrorism, weather-related, public health, plosonratd.toerahted cause, or technological failure or accident, including, but not limited to, a cyberincident, an explosion, a transportation accident, a radiological accident, or a chemical or other hazardous material incident or which Emergency Area" The geographical area covered by a state of emergency. "Incident" means an occurrence, natural or manmade, that necessitates a response to protect life or property. Ini this Agreement, the word "incident" includes planned events as well as emergencies and/ /or disasters ofa all kinds and sizes. "Local Emergency Management, Agency" means a county agency charged with coordination of all emergency management: activities fori its geographical limits pursuant to GS.166A-19.15. It: also means any incorporated municipalities emergency management agencies orj joint county and incorporated municipalities "Party" means a governmental entity which has adopted and executed this Agreement.  19.21(b)  may be otherwise be defined in G.S. $166A-19.3(6).  emergency management agencies.  2    DocuSign Envelope ID: ED848597-05D7-4D5E-98A4-A035CFE6DF2F  RiverE BendT Town Nov. 9,2023 Council Work Session Minutes Pages 5of22  2023 STATEWIDE MUTUAL AID AGREEMENT  "Planned Event" means an incident that is a scheduled nonemergency activity including but not limited to elections, sporting event, concert, parade. funeral coverage, or fairs. "Provider" means thej party which has received ai request to furnish aid and assistance from "Recipient" means thej party setting forth ai request for aid and assistance to another "State of Emergency" means a finding that an emergency exists by the Governor or General Assembly acting under the authority in G.S. 166A-19.20 orl by a governing body ofa county or a municipality, or by a mayor or chair oft the board of county SECTIONI II. INITIAL RECOGNITION OF PINCPIEEYALLPARTIES,AGREEMENT PROVIDESNO  another party in need (the Recipient").  party (the' Provider").  commissioners acting under the authority of G.S.1 166A.  RIGHT OF ACTIONF FOR' THIRDI PARTIES  As this is a reciprocal contract, iti is recognized that any party to this Agreement may be requested by another party to be a Provider. It is mutually understood that each] party's foremostresponsibility ist to its own: residents. The provisions oft this Agreement shall not be construed to impose an unconditional obligation on any party to this Agreement to provide aid and assistance pursuant to aj request from another party.Accordingly, when aid and assistance have been requested, aj party: mayi in good faith withhold the resources necessary to provide reasonable and adequate protection fori its own community, by deeming itself unavailable to respond and soi informing thej party setting forth the Given the finite: resources ofa any jurisdiction and the potential for each partyt tol be unavailable fora aid and assistance at: a given point in time, thej parties mutually encourage each othert to enlist other entities ini mutual aid and assistance efforts and to enteri into: such agreements accordingly. Concomitantly, the parties fully recognize that there is a highly meritorious reason: for entering into this Agreement, and accordingly shall: attempt to render assistance in accordance with the terms of this Agreement to Pursuant to G.S. 166A-19.60 and as elaborated upon in Section X oft this Agreement, all functions and activities performed under this Agreement: are. hereby declared tol be governmental functions. Functions and activities performed underthis. Agreement: are carried out for the benefit oft the general public and not for thel benefit of any specific individual ori individuals. Accordingly, this Agreement: shall not be construed as or deemed tol be an Agreement fort thel benefit of any third parties or persons and not third parties or persons shalll have any right of action under this Agreement: for any cause whatsoever. All immunities provided by law shall bei fully applicable as elaborated upon  request.  the fullest extent possible.  in Section X oft this Agreement.  3    DocuSign Envelope ID: ED848597-05D7-4D5E-98A4-A035CFE6DF2F  River Bend Town Nov. 9,2023 Council Work Session Minutes Page6of22  2023 STATEWIDE MUTUAL AID. AGREEMENT  SECTONIL.PROCEDURES FORI REQUESTINGASISTANCE  @) Mutual aid: and assistance: shall: not! ber requested unless Recipient deems its resources are inadequate to respond to ani imminent or actual emergency. When Recipient becomes affected byan emergency,incident tor planned eventand deemsi its resources: inadequate, it may request mutual aid and assistance by communicating the request to Provider, indicating the request is made pursuant toi this. Agreement. The request shall bei followed up with a notification to the Division of Emergency Management's 24-Hour Watch whether directly, through WebEOC, or through the appropriate Division of Emergency Management Operations Regional Branch. The Division shall maintain a record of the A. REQUIRED INFORMATION: Each request for assistance shall include the following information, in writing or by any other available means, to the extent 1. Emergency. Area and: Status: A general description summarizing the condition ofthe community or emergency area (i.e., whether the emergencyand/or. disaster declaration is needed, imminent, inj progress, or has already occurred) and oft the damage sustained 2. Services: Identification oft the: service function(s) for which assistance is needed and 3. Infrastructure Systems: Identification oft the type(s) of publici infrastructure system for which assistance is needed (waterand: sewer, storm water: systems, streets) and the type 4. Aid and. Assistance: The amount and type of personnel, equipment, materials, and supplies needed and a reasonable estimate oft the length oft time they willl be 5.Provider's? Traveling Employee Needs--Unless otherwise: specified by Recipient, itis mutually understood that Recipient will provide for thel basici needs of Provider's traveling employees. Recipient shall pay for all: reasonable out-of-pocket costs and expenses of Provider'straveling: employees, including, without limitation, transportation expenses: for travel to and from the stricken area. Further, Recipient shalll house and feed Provider's traveling employees: at its (Recipient's) sole cost and expense. IfR Recipient cannot provide such food and/orh housing at the emergency area, Recipient shall specify in its request for assistance that the Provider's traveling employees be: self-sufficient. 6.) Facilities: Thei need for sites, structures, orb buildings outside. Recipient's geographical limits to serve: as relief centers or staging areas fori incoming emergency  notification.  known:  to date;  the type ofassistance needed;  ofwork: assistance needed;  needed;  goods and services; and  4    DocuSign Envelope ID: ED848597-05D7-4D5E-98A4-A035CFE6DF2F  River BendT Town Nov. 9,2 Council 2023 Work Session! Minutes Page7 7of22  2023 STATEWIDE MUTUAL AID AGREEMENT  Meeting' Time and Place: An estimated time and a specific place fora a representative of Recipient to: meet thej personnel and: resources ofany Provider. B.STATE AND FEDERAL. ASSISTANCE: Recipient shall be responsible for coordinating requests for state or federal assistance with its (Recipient's) Local SECTIONIV.PROVIDERASESWENTOFAVAILABLITYOFH RESOURCES. AND ABILITYTOI RENDER When contacted by the Recipient/Local Emergency Management Agency, Provider's authorized representative shall assess Provider's own local situation in ordert to determine available personnel, equipment, and other resources. IfE Providersauthorized representative determines that) Provider has available resources, Provider's authorized representative shall: So notify the Recipient/Local Emergency Management. Agency (whichever communicated thei request). Provider: shall complete a written acknowledgment, whether on the request form received from Recipient or on another form, regarding the assistance tol be rendered (orar rejection oft the request) and shall transmit it by thei most efficient) practical means to the Recipient/Local Emergency Management. Agency for a final response. Providersacknowledgment: shall contain the  Emergency Management Agency  ASSISTANCE  followingi ginformation:  1. Inj response tot the items contained ini the request, a description ofthe  personnel, equipment, and other resources available;  2. The projected length oft time such personnel, equipment, and other resources willl be available to serve Recipient,] particularly ift the period is projected to be shorter than one week (as provided int the' "Length of" Time for Aid and. Assistance" section [Section 3. The estimated time when the assistance provided will arrive at thel location designated by the Authorized Representative oft the Requesting Party; and 4. The name oft the person(s) tol be designated as Provider's: supervisor (pursuantt to the' Supervision and Control" section [Section V] oft this Agreement.) Where a request has been submitted to the'Local Emergency Management Agency, the Local Emergency Management Agency shall notify Recipient's authorized: representative and forward the information from Provider. The Recipient/Local Emergency Management Agency shall respond tol Provider's written acknowledgment by signing and returning: a copy of the form to Provider by the most efficient practical means, maintaining a copy for  VI] ofthis Agreement.)  its file.  SECTIONV.SUPERVSION AND CONTROL  Provider: shall designate one ofits employees sent to render: aid and assistance to Recipient as a supervisor or point of contact for equipment only missions. As soona as  5    DocuSign Envelope ID:  River Bend Town Nov. Council 9, 2023 Work SessionN Minutes Page8df22  2023 STATEWIDE MUTUAL AID AGREEMENT  practicable, Recipient shall assign work tasks to Provider's: supervisor, and unless pedlicalyinstructed otherwise, Recipient shall) have the responsibility: for coordinating communications between Provider's: supervisor and Recipient. Recipient shall provide necessary credentials to Provider's personnel authorizing them to operate on behalfof Based upon such assignments from the Recipient, Provider's supervisor: shall: 1. Have the authority to: assign workand establish work schedules for Provider's personnel. Further, supervisor: shall retain direct: supervision and control of] Provider's personnel, equipment, and other resources. Provider: should bej prepared tof furnish communications equipment: sufficient to maintain communications among its respective operating units, and ifthisi is not] possible, Provider shall notify Recdpientaccordingy; 2. Maintain daily personnel time records, material records, and al log ofe equipmenthours;  Recipient.  3. Reportworkprogress: to Recipient ati mutually agreed upon intervals. SECTONV.IBNGTOTTNETeRADADASISTANG: RENEWABILITY; RECALL Unless otherwise provided, the duration of Provider's assistance shalll bei for an initial period ofs seven days, starting from thet time ofarrival. Thereafter, assistance: may be extended in daily or weekly increments as the: situation warrants, foraj period agreed As noted in Section II ofthis Agreement, Provider's personnel, equipment, and other resources shall remain subject toi recall by Providert to provide fori its own citizens if circumstances SO warrant. Provider shall make a good faith effort toj provide at] least twenty-four (24) hours advance notification to Recipient of] Provider's intent toi terminate mission, unless such notice is not] practicable, in which case as much notice asi is  upon by the authorizedi representatives of Provider and Recipient.  reasonable undert the circumstances shall be provided.  SECTIONVILREIMBURSEMENTS  Except as otherwise provided below, iti is understood that Recipient shall pay to Provider: all documented costs and expenses incurred by Provider: as a result of extending aid and assistance tol Recipient. The terms and conditions governing reimbursement for any assistance provided under this Agreement shall bei in accordance with FEMA Public. Assistance Guidelines in addition to thei following provisions, unless otherwise agreed in writing by Recipient and Provider. Recipient shall be ultimately responsible for reimbursement of all eligible expenses. The Provider may waive some or all requirements for reimbursement, however such an agreement A. Personnel-- During thej period of assistance, Provider: shall continue toj pay its employees according to its thenj prevailing ordinances, rules, and regulations. Recipient  must be documented ini the request and/ /or offer ofa assistance.  6    DocuSign Envelope ID: ED848597-05D7-4D5E-98A4-A035CFE6DF2F  River Bend7 Town Nov. Council 9,2 2023 Work Session Minutes Page9of22  2023 STATEWIDE MUTUAL. AID AGREEMENT  shall reimburse Provider for all direct and indirect payroll costs and expenses including travel expenses incurred during the period of assistance, including, but not limited to, employee retirement benefits as provided by Generally. Accepted. Accounting Principles (GAAP). However, as stated in Section IX ofthis Agreement, Recipient shall notl be responsible: for reimbursing any amounts paid or due as benefits to Provider's personnel under thet terms oft the North Carolina Workers' Compensation Act (Chapter 97 of the B.I Equipment-- Recipient shall reimburse the Providers for the use of equipment during the period ofassistance according to eitherap pre-established. local or state. hourly rate or according tot the actual replacement, operation, and: maintenance expenses incurred. For those instances: in which costs are reimbursed by the Federal Emergency Management Agency (FEMA), the FEMA-eligible direct costs shall be determined in accordance with general policies for determining allowable costs which are established in 2 CFR 200, subpart. E or other applicable federal laws, regulations, and policies as may bei in effect at thet time the expenses are incurred. Exceptions to those policies as allowed in 2 CFR 200, subpart E: and 2 CFR 200.102 are explained in 44 C.F.R. 206.228 or other applicable federal laws, regulations, and policies as may bei in effect at the time the expenses are incurred. Provider: shall payi for all repairs to its equipment as determined necessary by its on-site: supervisor(s) to maintain such equipmentin safe and operational condition. Att the: request ofl Provider, fuels, miscellaneous supplies, and minor repairs may be provided by Recipient, if practical. Thei total equipment charges tol Recipient shalll be reduced by thei total value oft the fuels, supplies, and repairs furnished by Recipient and C.M Materials. And Supplies- Recipient shall reimburse Provider: for all materials and supplies furnished and that are used or damaged by Recipient during thej period of assistance, except for the costs ofe equipment, fuel and maintenance materials, labor, and supplies, which shalll bei included ini the equipment rate established in subsection B ofthis section (Section VII), Recipient will notl be responsible for costs where such damage is caused by gross negligence, willful and wanton misconduct, intentional misuse, or recklessness ofl Provider's personnel. Provider's personnel shall use reasonable care under the circumstances in the operation and control of all materials and supplies used during thej period of assistance. The: measure ofreimbursement. shall be determined: in accordance with general policies for determining allowable costs which are established in 2 CFR 200, subpart E or other applicable federal laws, regulations, andj policies as may bei in effect at the time the expenses are incurred. Exceptions to those policies as allowed in 2 CFR: 200, subpart E: and 2 CFR 200.102 are explained in 44 C.F.R. 206.228 or other applicable: federal laws, regulations, and policies as may bei in effect at thet time the expenses are: incurred. Int the alternative, thej parties may: agree that Recipient will replace, with like kind and quality as determined by Provider, Provider's materials and supplies used or damaged in a reasonable time. Ifsuch an: agreement: is made, it shall be reduced to writing and transmitted tot the North Carolina Division of] Emergency  North Carolina General Statutes).  by the amount ofanyinsurance) proceeds received by Provider.  Management.  7    DocuSign Envelope ID: ED848597-05D7-4D5E-98A4-A035CFE6DF2F  River Bend Town Nov. Council 9, 2023 Works Session Minutes Page 10of22  2023 STATEWIDE MUTUAL AID AGREEMENT  D.F Record Keeping-- Recipient and North Carolina Division of Emergency Management personnel shall provide information, directions, and assistance forrecord-keepingto Provider's personnel. Providers shall: maintain records and submit invoices for reimbursement by Recipient or thel North Carolina Division of Emergency Management using the format used or required by FEMA publications, 2 C.F.R. Part 200 or other applicable federal laws, regulations, andj policies as may be in effect at the time the expenses are: incurred, applicable Office ofl Managementand Budget (OMB) Circulars, E. Payment; Other Miscellaneous Matters as to Reimbursements-- The: reimbursable costs and expenses with an: itemized notice shall bei forwarded as soon as practicable after the costs and expenses arei incurred, but notl later than sixty (60) days following the period of assistance, unless the deadline for identifying damage is extended in accordance with 44 C.F.R. Part 206 or other applicable federal laws, regulations, and policies as: may bei in effect at thet time the expenses are: incurred. Recipient shall pay the bill or advise of any disputed items, not later than sixty (60) days following the billing date. These time frames may be modified in writing signed by both parties by mutual agreement. This shall not) preclude Provider or Recipient from assuming or donating, in whole ori in part, the costs and expenses associated with any loss, damage, or use of personnel, equipment, andi resources provided to Recipient. F.C Contracting. - If recipient or provider contracts with at third party to perform any aid ora assistance under thej provisions oft this agreement, thent the entity shall follow any  state and local laws and regulations.  applicable local, state, orf federal contracting requirements. SECTIONVILRIGHTS ANDI PRIVILEGEDOF PROVIDER's) EMPLOYEES  Pursuant to G.S. 166A-19.60 whenever Provider's employees are: rendering aid and assistance pursuant to this Agreement, such employees shall retain the: same powers, duties, immunities, and privileges they would ordinarily possess ifp performing their SECTION] IX.PROVIDER's) EMPLOYEES COVEREDATALLTIMESBYPROVIDER'SWORKER'S  duties within the geographical limits of Provider.  COMPENSATIONPOLICY  Recipient shall notl bei responsible for reimbursing any amounts paid or due asl benefits to Provider's employees undert the terms oft the North Carolina Workers' Compensation Act, Chapter 97 ofthe North Carolina General Statutes, due to personal injury or death occurring during the period such employees are engaged int the rendering of aid and assistance under this Agreement. It is mutually understood that Recipient and Provider shall bei responsible for payment ofs such workers' compensation benefits onlyt to their own respective employees. Further, iti is mutuallyu understood that Providerwill be entirely responsible for the payment ofworkers' compensation benefits to its own respective  employees pursuant to G.S.97-51.  8    DocuSign Envelope ID: ED848597-05D7-4D5E-98A4-A035CFE6DF2F  River Bend7 Town Nov. Council 9, 2023 Work Session Minutes Page 11of22  2023 STATEWIDE MUTUAL AID AGREEMENT  SECTIONX.IMMUNITY  Pursuant to G.S. 166A-19.60 all activities performed under this Agreement: are hereby declared tol be governmental functions. Neithert thej parties to this Agreement, nor, except in cases ofwillful misconduct, gross negligence, or bad faith, their personnel complying with or reasonably: attempting to comply withi this Agreement or any ordinance, order, rule, or regulation enacted or promulgated pursuant to the provisions ofthis Agreement shall bel liable fori the death of ori injury to persons or for damage to property as a result SECTIONXI PARTIES MUTUALLY, AGREETO] HOLD) EACH OTHER HARMLESSI FROML LIABILITY. Tot the extent allowed by applicable law, each party (as indemnitor) agrees toj protect, defend, indemnify, and hold the other party (asi indemnitee), and: its officers, employees and agents, free and harmless from and against any and alll losses, penalties, damages, assessments, costs, charges, professional: fees, and other expenses orl liabilities ofe every kind and arising out of or relating to: any and all claims, liens, demands, obligations, actions, proceedings, or causes of action ofe every kindi in connection with or arising out of indemnitor's) negligent acts, errors and/or omissions. Indemnitor further agrees to investigate, handle, respond to, provide defense for, and defend any such claims, etc. at indemnitor'ssole expense and agrees to bear all other costs and expenses related thereto. To the extenti that immunity does notapply, each party shall bear thei risk ofi its own actions, as it does with its day-to-day operations, and determine fori itselfwhat kinds ofi insurance, and in what amounts, it should carry. Each] party understands and agrees that anyi insurance protection obtained shall: in no way limit the responsibility to indemnify, keep, and savel harmless the otherparties toi this Agreement. Notwithstanding the foregoing, to the extent that each party does not] purchase insurance, itshall not be deemed tol have waived its governmental immunity by law.  ofa any such activity.  SECTIONXIIL. ROLEO OFTHE DIVISION OF EMEAGENCYMANAGEMENT  Pursuant to GS166A-19.12(19) and under this agreement, the responsibilities of the North Carolina Division of] Emergency Management are: (1)t to serve. as the central depository for executed Agreements, to maintain a current listing ofe entities with their authorized representatives: and contact information, and toj provide this listing to each of the entities on an annual basis; (2) to coordinate the provision ofr mutual aid and assistance to a requesting party, pursuant toi the provisions oft this Agreement; (3) to keep aj record ofall requests for assistance and acknowledgments; (4) to report on the status of ongoing emergency or disaster-related. mutual aid and assistance as appropriate; and (5)ifthe parties SO designate, to serve as the eligible entity for requestingrembursement ofe eligible costs from FEMA and provide information, directions, and assistance for record keeping pursuant thereto.  9    DocuSign Envelope ID:  RiverE BendT Town Nov. 9,2023 Council Work Session Minutes Page 12of22  2023 STATEWIDE MUTUAL AID AGREEMENT  ECTIONAIILAMERDMENTS  Manner-- This Agreement may be modified ata any time upon the mutual written consent of the Recipient and Provider. Addition of Other Entities-Additional entities may become parties tot this Agreement upon: (1) acceptance and execution oft this Agreement; and (2) sending an executed copy of the Agreement to the North Carolina Division of] Emergency  Management.  SECTOMXIVANTIALDURATOXOTAGNIMONTIAONATON  This Agreement: shall be binding fornotl less than one (1): year fromi its effective date, unless terminated upon atl least sixty (60) days advance written notice by aj party as set forth below. Thereafter, this Agreement: shall continue tol be binding upon the parties in subsequent; years, unless canceled by written notification served personally or by registered mail upon the Director of North Carolina Division of Emergency! Management, which shall provide copies to all other parties. The withdrawal shall notl be effective until sixty (60) days after notice thereof! has been sent by the Director ofthel North Carolina Division of] Emergency Management to all other parties. A party's withdrawal from this Agreement: shall not affect a party'sr reimbursement obligations or any otherliability or obligation under the terms oft this Agreementi incurred prior to withdrawal hereunder. Once the withdrawal is effective, thet withdrawing entity shall no longer be aj party to this Agreement, but this Agreement shall continue to exist among the remaining parties.  SECTIONXV.HEADINGS  The headings of various sections and subsections oft this Agreement! have been inserted for convenient reference only and shall notl be construed as modifying, amending, or affecting in any way the express terms and provisions ofthis Agreement. ECTOMAVLSVERABLT: EFFECTONOTHERAGREEMENTS  Should any clause, sentence, provision, paragraph, or other part ofthis. Agreement be adjudged by any courtofo competent jurisdiction tol bei invalid, such judgment shall not affect, impair, ori invalidate the remainder oft this Agreement. Each of thej parties declares thati it would have entered into this Agreementi irrespective oft the: fact that any one or more ofthis Agreement's clauses, sentences, provisions, paragraphs, or other parts have been SO declared invalid. Accordingly, iti is the intention oft thej parties that the remaining portions ofthis Agreement: shall remain ini full force and effect withouti regard to the clause(s), sentencel)provisiontparagraph). or other part(s) invalidated. Int the event that parties toi this Agreement have entered into other mutual aid and assistance contracts, for example pursuant to Chapter 160A oft the North Carolina General Statutes, those parties agree that toi the extent aj request for mutual assistance isn made pursuant to this Agreement, those other mutual aid and assistance contracts  are superseded by this Agreement.  10    DocuSign Envelope ID: ED848597-05D7-4D5E-98A4-A035CFE6DF2F  RiverE Bend Town Nov. Council 9,2 2023 Work Session! Minutes Page 13of22  2023 STATEWIDE MUTUAL AID AGREEMENT  SECTIONXVILEFFECTIVEDATE  This Agreement: shall take effect upon its approval by the entity seeking to becomea  signatory to this Agreement and upon proper execution hereof.  11    DocuSign Envelope ID: ED848597-05D7-4D5E-98A4-A035CFE6DF2F  River Bend Town Nov. 9,2023 Council Work Session Minutes Page1 140f22  2023 STATEWIDE MUTUAL AID AGREEMENT  IN WITNESS WHEREOF, each ofthe parties have caused this North Carolina Statewide Emergency! Management Mutual. Aid and. Assistance. Agreement tol be duly executed in its name: and behalft by its Chief Executive Officer, whol has signed accordingly with seals affixed and attested with concurrence ofa majority ofi its governing board, as oft the date set forth int this Agreement. DIVISION OF EMERGENCYN MANAGEMENT/DEPARTMENT OF PUBLICSAFETY  BY: Ellie M. Bufalot, Jr. Eddie M. Buffaloe, Jr. Secretary Department of Public: Safety  Date: 11/14/2023 I 07:10:35 PST BY: (Villiam Kay William C. Ray, Director Division of] Emergency Management  Date: 11/14/2023 I 09:16:53 EST LOCAL GOVERNMENT UNIT By: Ddant Jacksou ChiefExecutive Officer/Local Government Name:Delane Jackson Title: Town Manager Date: 10/30/2023 I 07:27:31 EDT APPROVED, ASTOI PROCEDURES:  Witness: kuistie Noblas Kristie Nobles Town Clerk  BY: UVLL Polk will Polk  Office of General ounse/Department tofPublic Safety  Deputy General Counsel  Date: 11/13/2023 I 16:26:11 EST  12    DocuSign Envelope ID: ED848597-05D7-4D5E-98A4-A035CFE6DF2F  River BendT Town Nov. 9,2023 Council Work SessionN Minutes Page1 15of22  2023 STATEWIDE MUTUAL AID AGREEMENT  Attachment 1  List of Authorized Representatives to Contact for Emergency Assistance  The Statewide Mutual Aid. Agreement signed by Delane Jackson  on10/30/2023 I 07:27:31 EDT  authorizes: Delane Jackson  tor maintain and update the primary and alternative representatives. The primary and alternatives may be updated as needed without the formal re-execution oft the Statewide Mutual Aid  agreement.  PRIMARY REPRESENTATIVE  NAME: Delane Jackson TITLE: Town Manager DAY) PHONE: 252-638-3870 CELL] PHONE: 910-872-3882  NIGHTPHONE: 910-872-3882  FAX:  FIRST ALTERNATE REPRESENTATIVE  NAME: Brandon Mills TITLE: Public Works Director DAY] PHONE: 252-638-3870 CELLI PHONE: 252-617-2893  NIGHTPHONE: 252-617-2893  FAX:  SECOND. ALTERNATE REPRESENTATIVE  Sean Jo17 NAME: Police Chief TITLE: 252-638-3870 DAYPHONE: CELLI PHONE: 252-838-2195  252-838-2195  NIGHTPHONE: FAX:  13    River BendT Town Council Nov. 9, 2023 Work Session Minutes Page 16of22  TOWN OF RIVERI BEND BUDGET ORDINANCE AMENDMENT: 23-B-03 FISCAL) VEAR2023-2024  BEI IT ORDAINED byt the Council oft the Town of River Bend, North Carolina that the 2023-2024 Budget Ordinance  asl last amended on September: 14, 2023, be amendeda as follows:  Summary  General Fund General Capital Reserve Fund Law Enforcement: Separation Allowance Fund Water Fund Water Capital Reserve Fund Sewer Fund Sewer Capital Reserve Fund Total General Fund  2,210,251 56,900 12,685 655,804 10 679,504 1 3,615,155  Section1. Anticipated Revenues  AD VALOREM' Taxes 2023-2024 AD' VALOREM Tax-Motor Vehicle Animal Licenses Sales Tax 1% Article 39 Sales Tax1 1/2%A Article 40 Sales Tax: 1/2%A Article 42 Sales Tax Article 44 Sales Tax Hold! Harmless Distribution Solid' Waste Disposal Tax Powell Bill Allocation Beera and' Wine Tax Video Programming! Sales Tax Utilities Franchise Tax Telecommunications: Sales Tax Court Refunds Zoning Permits Miscellaneous Interest- Powell Billl Investments Interest-Generall Fund Investments Contributions Wildwood: Storage Rents Rents & Concessions Sale ofF Fixed Assets Transfer From Capital Reserve Fund Appropriated Fund Balance Total  935,566 90,000 1,500 195,868 114,635 97,901 13,090 108,195 2,200 91,000 13,225 49,621 112,169 6,725 500 7,000 16,200 50 20,000 901 18,144 18,000 3,000 43,504 251,257 2,210,251  Page 1 of5    RiverE BendT Town Council Nov. 9, 2023 Work Session! Minutes Page 17of22  Section1. Authorized Expenditures  General Fund (continued) Governing Body Administration Finance Taxl Listing Legal Services Elections Police Public Buildings Emergency Services Animal Control Street Maintenance Public Works Leaf & Limba and Solid Waste Stormwater Management Wetlands and Waterways Planning &Z Zoning Recreation & Special Events Parks & Community Appearance Contingency Transfer To General Capital Reserve Fund Transfer Tol L.E.S.A.F Fund Total General Capital Reserve Fund Contributions from GeneralFund Interest Revenue Total  50,000 304,500 138,625 13,700 24,000 0 769,335 104,500 5,700 17,100 272,950 189,000 52,384 47,000 2,900 57,000 11,100 62,450 20,807 55,000 12,200 2,210,251  Section 2. Anticipated Revenues  55,000 1,900 56,900 43,504 13,396 56,900  Authorized Expenditures  Transfer to General Fund Future Procurement  Section3. Anticipated Revenues:  Law Enforcement Separation Allowance Fund  Contributions from General Fund Interest Revenue Total Separation Allowance Future LEOSSA Payments Total  12,200 485 12,685 0 12,685 12,685  Authorized Expenditures:  Page 2of5    River BendT Town Council Nov. 9, 2023 Work Session Minutes Page 18of22  Section 4. Anticipated Revenues  Water Fund  Utility Usage Charges, Classes 1&2 Utility Usage Charges, Classes3&4 Utility Usage Charges, Class! 5 Utility Usage Charges, Class 8 Utility Customer Base Charges Hydrant Availability Fee Taps & Connections Fees Nonpayment Fees Late payment Fees Interest Revenue Sale of Capital Asset Appropriated Fund Balance Total Administration & Finance [1] Operations and Maintenance Transfer Tol Fund Balance for Capital Outlay Transfer To Water Capital Reserve Fund Total [1JF Portion of department fork bond debt service: Water Capital Reserve Fund Interest Revenue Total  210,591 12,428 15,002 4,644 278,811 19,764 1,250 10,500 7,822 3,488 0 91,504 655,804 491,804 140,500 23,500 0 655,804 141,157  Authorized Expenditures  Section 5. Anticipated Revenues  Contributions From Water Operations Fund  0 10 10 10  Authorized Expenditures  Future Expansion & Debt Service  Page3 3 of5    River BendT Town Council Nov. 9, 2023 Work Session! Minutes Page 19of22  Section 6. Anticipated Revenues:  Sewer Fund  Utility Usage Charges, Classes 1 &2 Utility Usage Charges, Classes 3&4 Utility Usage Charges, Class5 Utility Usage Charges, Class8 Utility Customer Base Charges Taps & Connection! Fees Late payment Fees Interest Revenue Sale of Capital Asset Appropriated Fund Balance Total Administration &F Finance [2] Operations andi Maintenance Transfer toF Fund Balance for Capital Outlay Transfer to Sewer Capital Reserve Fund Total [2] Portion of department fork bond debt service:  267,170 36,679 28,142 16,833 296,108 1,250 8,384 5,836 0 19,102 679,504 483,204 192,800 3,500 0 679,504 121,893  Authorized Expenditures:  Section7. Anticipated Revenues:  Sewer Capital Reserve Interest Revenue Total  Contributions From Sewer Operations Fund  0 1 1 1  Authorized Expenditures:  Future Expansion & Debt Service  Page 4of5    RiverE BendT Town Council Nov. 9, 2023 Work Session Minutes Page 20of22  Section8.  LevyofTaxes  Therei is hereby! levieda at taxa att the rate of twenty-four cents ($0.24) per one hundred dollars ($100) valuation of propertya as listedf for taxes as of January1 1,2 2023, fori the purpose ofr raising the revenue listeda as' "Adl Valorem Taxes 2023-2024"1 in the General Fund Section 1 oft this ordinance. This ratei isb based ona ay valuation of $393,280,000 for purposes oft taxation of real andp personal property witha ane estimated rate of collection ofs 99.12%. The estimated collection rate isb based ont thet fiscaly year 2021-2022 collection rate ofs 99.12% by Craven County whol has been contractedi to collect reala and personal property taxes for the Town ofF River Bend. Alsoi includedi isa a valuation of$ $37,500,000 for purposes of taxation ofr motor vehicles witha  collection rate of1 100% byt the North Carolina' Vehicle" Tax System. A  Section 9.  Fees and Charges  Therei ish hereby established, for Fiscaly Year 2023-2024, various fees and charges as containedi inA Attachment. Ad of this document.  Section 10.  Special Authorization oft the Budget Officer  A. The Budget Officer: shall bea authorized tor reallocate: any appropriations within departments.  B. The Budget Officers shall bea authorized toe execute interfund andi interdepartmental transfers ine emergency situations. Notification ofa alls such transfers shall ber madet tot the Town Council at its next meeting following thei transfer. C.The Budget Officer shall bea authorized to execute interdepartmentalr transfers int the: same fund, including contingency appropriations, not toe exceed: $5,000. Notification ofa all suchi transfers shall be madet tot the Town Council ati its next  meeting following thet transfer.  Section 11.  Classification. and Pay Plan  Cost of Living Adjustment (COLA) for all Towne employees shall be 4.4%a ands shall begin thet first payroll int the new fiscaly year. The" Town! Manager is hereby authorizedt to grant meriti increases tol Towne employees, whene earned, per the approved Pay Plan.  Section 12.  Utilization oft the Budget Ordinance  This ordinance shall bet the basis oft thei financial plan fort the Town of River Bendr municipal government duringt the 2023-2024 fiscaly year. The Budget Officer shalla administer the Annual Operating Budget ands shall ensuret thec operating staffa and officials are provided with guidance ands sufficient details toi implement their appropriate portion oft the budget.  Section 13.  Copies of this Budget Ordinance  Copies oft this Budget Ordinance: shalll bei furnished tot the Clerk, Town Council, Budget Officer and Finance Officer tob be kept  oni file byt them for their direction int the disbursement off funds. Adoptedithis 9th day, ofA Noyenpber,2 2023 GR  RIVER 9 INCORPORATED SEAL - 1981  John Attest:  Mayor  Anobo Kristie. J. Noblestown Clerk, CMC,NCCMC  Page! 5of5    River BendT Towno Council Nov. 9,2023 Work Session! Minutes 2023-RES-07 022  Town of River Bend Resolution  WHEREAS, the American Rescue Plan Act (ARPA), funded from the State Fiscal Recovery Fund, was WHEREAS, the North Carolina Department of Environmental Quality has offered Pre-construction Planning WHEREAS, the Town of River Bend intends to perform said project in accordance with the agreed scope of NOW,THEREFORE, BEI ITI RESOLVED BY THE TOWN COUNCIL OF. THE TOWN OFI RIVER BEND:  established in Session Law (S.L.) 2021-180 to assist eligible units of local government with Grant ARPA funding in the amount of $100,000 to perform the work detailed in the submitted  meeting their drinking water and/or wastewater needs, and  application, and work,  That the Town of River Bend does hereby accept the. ARPA grant offer of $100,000; and That the Town of River Bend does hereby give assurance to the North Carolina Department of Environmental Quality that any Conditions or Assurances contained in the Funding Offer and Acceptance (award offer) will be adhered to; has substantially complied, or will substantially comply, with all federal, State of North Carolina (State), and local laws, rules, regulations, and ordinances applicable to the project; and to federal and State grants and loans pertaining That Delane Jackson, Town Manager and successors sO titled, is hereby authorized and directed toi furnish: suchi information as the appropriate State agency may request in connection with this project; to make the assurances as contained above; and to execute such other documents as may be required by the North Carolina Department of Environmental Quality,  thereto; and  Division of Water Infrastructure.  Adopted this the gth day of November, 2023 at River Bend, North Carolina.  le) a 6  John R. Kirkland, Mayor  ATTEST:  elgndpb Kristie J. Nobles, Town Clerk, CMC  RIVER 8 INCORPORATED SEAL of 1981    RiverE BendT Town Council Nov. 9,2023 Work Session Minutes Page2 22of22  TOWN OFI RIVERI BEND GRANT PROJECT ORDINANCE WATER TREATMENT IMPROVEMENT: STUDY  BEITO ORDAINED by the Council oft the Town ofF River Bend, North Carolina, that, pursuant to Section 13.2of Chapter 1590 oft the General Statutes of North Carolina, thet following grant project ordinance is hereby adopted: the Grant Agreement betweeni this unit andt the North Carolina Department of Environmental Quality. This project willp provide for the development ofa Pre-Construction. Analysis of Water Supply Report.  Section: 1. The project authorized ist the Water Treatment Improvement: Study project described int thev works statement contained! in Section2. The officers oft this unita are hereby directed to proceed with the grant project within the terms oft the grant documents,  the rules and regulations of the North Carolina Department of Environmental Quality andt the budget contained! herein.  Section3. The following revenues are anticipated to be available to completet this project:  State Fiscal Recovery Fund Grant Prepare Pre-Construction. Analysis Miscellaneous Total  100,000 99,000 1,000 100,000  Section 4. Thef following amounts are appropriated fori the project:  Section 5. The Finance Officer isl hereby directed tor maintain' within the Grant Project Fund sufficient. specific detailed accounting  recordst toy provide the accounting tot the grantor agency required by the grant agreement andi federal ands state regulations.  Section 6. Funds may be: advanced from the Water Fund fori the purpose ofr making payments as due.  Reimbursement: requests should ber madet tot the grantor agency in an orderly and timely manner.  Section7. The Finance Officeri is directed to report annually ont thei financial status ofe each project element in Section 4 Section 8. The Budget Officer is directed toi include a detailed analysis ofp past andf future costs andi revenues Section 9. Copies of this Ordinance: shall be furnished tot the Clerk, Town Council, Budget Officer and Finance Officer  and ont thet total grantr revenues received or claimed.  oni this grant project ine every! budget submission madei tot this Council. to bel kept onf file byt themi for1 their direction int thec disbursement of funds.  Adopted this gth day of! November,2023. RAS-D JohnR.Kirkland, Mayor Attest:  RIVER BE INCORPORATED SEAL 6 1981  land  JSTS no26 Kristie. J. Nobles; Town Clerk, CMC, NCCMC