River Bend Town Council Regular Meeting Minutes August 17, 2023 Town Hall 7:00 p.m. Mayor John Kirkland Brian Leonard Barbara Maurer Buddy Sheffield Jeff Weaver Delane Jackson Sean Joll Mandy Gilbert Kristie Nobles David Baxter 44  Present Council Members:  Town Manager: Police Chief: Finance Director: Town Clerk: Town Attorney:  Members of the Public Present: CALLTOORDER  Mayor Kirkland called the meeting to order at 7:00 p.m. on Thursday, August 17, 2023, at the Councilwoman Maurer motioned to adopt the agenda as presented. The motion carried Helmut Weiser - 115 Anchor Way- Spoke about to the CAC Median Project. He stated that he felt that a certified arborist would need to determine which trees need maintenance and which The Mayor thanked those who applied for this vacancy and for their willingness to serve. He said the applicants had drawn numbers prior tot the meeting to determine the orderi in which they would address the Council. Each applicant would be given two minutes to address the Council, after which each Council member would be permitted two questions to the applicant. The applicants The process then began with each candidate, in turn, addressing the Council about their experience and skills, followed by questions from the Council members. After all applicants had spoken, the Mayor again thanked them and reminded the Council that they will make their final The Mayor presented the Council with the Consent Agenda. Councilman Sheffield moved to approve the Consent Agenda as presented. The motion carried unanimously. Within this  River Bend Town Hall with a quorum present. VOTE-APPROVAL OF AGENDA ADDRESSES TO COUNCIL ones need to be removed.  unanimously.  INTERVIEW OF APPLICANTS FOR COUNCIL VACANCY  are Lisa Benton, Steve Bokor, Jon Hall, and Micheal Repenning.  decision at the work session meeting on September 14, 2023.  CONSENT AGENDA  motion, thet following items were approved:  A. Approve:  Minutes oft the. July 20, 2023 Regular Council Meeting    RiverE Bend Town Council August1 17,2 2023F Regular Session  2of18  ADMINISTRATIVE REPORTS Red Caboose Library (RCL)  PARKS & RECREATION- COUNCILMAN WEAVER Red Caboose Community Library for at few months now. VOTE- Red Caboose Community Library Contract as presented. The motion carried unanimously. (see attached) CAC- COUNCILWOMAN MAURER Councilwoman Maurer presented thei following report.  Councilman Weaver stated that the Council has been reviewing the proposed contract with the Councilman Weaver motioned to approve the contract with the Red Caboose Community Library  The CAC did not meet in July. The major news is the Council discussion oft the Plantation median report and recommendations for the next step. This is not news to the Council members but is written for River Bend residents. After more than a year of research and planning and two presentations to the Council, it was tie for the Council to decide what to do. The members of Council voted "we instruct the managerto/nvestigate the cost of having an arborist examine trees on Plantation median and make recommendations and Anchor Way." One applicant has been recommended for appointment to the board. The Council will vote on the application in September. The next meeting is scheduled for September 20, 2023 at 4 pm in the Municipal Financial Report - Finance Director, Mandy Gilbert, presented to the Council the financial statement for the month of July. She stated the total of the Town's Cash and Investments as of July 31, 2023, were $3,247,538 and Ad valorem tax collections for FY23-24 were $0 and' Vehicle  Building.  FINANCE- COUNCILMAN LEONARD Ad valorem tax collections were $0.  ENVIRONMENTAL AND WATERWAYS- COUNCILMAN LEONARD Councilman Leonard presented the following report.  Chaiman Ackiss opened the meeting at 7 PM, all members were present. The minutes of the meeting June 5th 2023 meeting were approved. Councilman Leonard gave a council update. Old business: Alligators; Ray Jakilsch gave a report stating alligators are protected and are not to be disturbed. Ift there is ap problem with one, call NCDNR. Bulkheads: Need to follow up with manager and complete the survey. New business: Election of officers: Chair Paige Ackiss, Vice chain Jon Hall, Secretary Patty Leonard. Discussion on drainage areas in town, most were already addressed by meeting time. National Night Out: EWAB will have at table andi information available. NNO is October 5th 2023.Volunteer Hours: 18 Next meeting: October 2nd, 2023 at 7 PM in the The Manager stated that the draft ordinance was in the agenda package with a few minor changes. Councilman Weaver asked the Town Attorney if the language in 3.05.070 B - : The Town Council may give preference to minority applicants in order to promote diversity when selecting the membership of the committee" is required. The Town Attorney stated that it is not required to be in the ordinance. All of the Council agreed to remove that language ini its entirety. Councilman Leonard motioned to adopt the changes as presented to the Advisory Board Ordinance and remove section (B) in 3.05.070. The motion carried unanimously. (see attached)  small conference room in the municipal building. Discussion- Advisory Board Ordinance Amendment  VOTE-A Advisory Board Ordinance Amendments    River Bend Town Council August 17, 2023F Regular Session  30f18  PLANNING BOARD- - COUNCILMAN SHEFFIELD Councilman Sheffield presented the following report.  The regular meeting of the River Bend Planning Board was held on August 3rd at 6:00pm in the Community Building. A quorum was present as were several interested citizens. Chairman Lippert called the meeting to order. The usual reports were given. An invitation was made for visitors to address the board. There were some comments. The board then voted to approve a Consistency statement related to the previous recommendation in favor ofar re-zoning request by Jay Ammon for parcel 8-206-083. The next item on the agenda was the election of officers. Councilman Sheffield temporarily assumed chairmanship of the board. Egon Lippert was nominated for chairman. Mr. Lippert made it abundantly clear that he would welcome any other nominations. There were none. Mr. Lippert was re-elected unanimously. Robert Kohn was nominated for vice-chairman and was also unanimously re-elected. Allison McCollum was re- elected secretary. Chairman Lippert re-assumed the duties of chairman. Under new business the board took up a re-zoning request for the property known as 403 Old Pollocksville Rd. by Robert Davis and Kimberly Dow. The request was to change approximately 3/5ths of the property from zone R20A to R15. Mr. Davis was present to answer questions. The town manager gave a very detailed PowerPoint presentation. He pointed out the differences in the two zonings and what would be allowed under the proposed re-zoning. He also made it very clear that a proposed site plan by Mr. Davis was entirely preliminary and that nothing would be official until all of the provisions of the town's subdivision ordinances had been met. The board voted to approve the re-zoning request and forward it to the town council for official approval. The next order of business was the filling of a vacancy on the Planning Board. Five citizens had submitted applications for the position. Four of them, Lisa Benton, Carolyn Gadwell, Jon Hall and Carina Wordham were present. Joey Routh did not attend. Each ofthe applicants was given five minutes to explain to the board why he or she should be selected. The board then voted by secret ballot. Carolyn Gadwell received the most votes andi the board voted to recommend to the Town Council that she be selected to fill the vacancy. The meeting was adjourned. The next regular meeting is Councilman Sheffield motioned to approve the language of the draft Conditional Zoning  scheduled for September 7h. All Interested citizens are welcome to attend.  VOTE - Conditional Zoning Language Ordinance. The motion carried unanimously. VOTE - Conditional Zoning Public Hearing  Councilman Sheffield motioned to schedule: al Public Hearing fort the Conditional Zoning Ordinance Amendment on October 19, 2023 The motion carried unanimously.  MAYOR'S REPORT  The Mayor presented the following report.  Where do we stand on climate change and sea level rise? There is a considerable discussion printed each day on this subject. The well-defined answers to what has happened and what will happen relative to global climate will not be known until sometime in the future. Living in Eastern North Carolina we should all be concerned about the related rise in sea level as well as the other aspects of global warming. The sea level rise is supported by recorded measurements that cover more than 30 years of recorded observations from positions around the globe (Lee and' Wang). The article cited here is from a NASA release of March 17, 2023. A copy of that article is linked below. It is a fact that sea level is rising based on observations made by NASA. The article also links the rise in CO2 to the global warming that contributes to the increase of sea level. This information is important to all of us who live in the coastal plain of North Carolina. This material is not made available to alarm the reader but as an awareness that we need to follow what NASA will continue to research and publish and to monitor what action the State and Federal agencies  are taking to cope with the change.    RiverE Bend Town Council August1 17,2 2023F Regulars Session  4of18  Lee, Jane, and Andrew' Wang. "NASA Uses 30-Year Satellite Record to Track and Project Rising Seas." NASA, 17 Mar. 2023, www.nasa.gov eature/plnasa-uses.Oyear-satelite-  ecord-o-trackand.proc-rsing-seas.  PUBLIC COMMENT No Public Comments. ADVOURNMENTRECESS at 8:36 p.m.  There being no further business, Councilman Sheffield moved to adjourn. The meeting adjourned  etenoa Kristie J. Nobles, CMC, NCCMC  Town Clerk    River Bend1 Town Council August 17, 2023F Regular Session  5of18  NORTH CAROLINA CRAVEN COUNTY August  LIBRARY SERVICES AGREEMENT  THIS LIBRARY SERVICES AGREEMENT, is made and entered into this 17"day of REDCABOOSE COMMUNITY: LIBRARY ("Library") (hereinafter collectively "Parties").  2023 by and between TOWN OF RIVER BEND ("Town"); and the  WITNESSETH:  WHEREAS, the Library provides certain library services and scholastic to the general WHEREAS, Town desires to contract with the Library for the Library toj provide general NOW, THEREFORE, BE IT RESOLVED that for valuable consideration, the adequacy ofv which is expressed acknowledged by the Parties, the Parties agree to the following terms:  community; and,  library services to all citizens oft the Town, without charge or cost.  ARTICLE1 Responsibilities ofLibrary  During the term of this Agreement, and subject to the conditions and terms contained 1.1 To provide all of those general library services it is currently engaged in, to the citizens and residents of the Town, at no cost, charge or expense to individual citizens and 1.2 Itmay solicit donations from its patrons, but shall at all times make clear that such donations are completely voluntary, and that they shall noti inure to the benefit oft the' Town itself. 1.3 Indemnify and hold the Town harmless against all expenses, liabilities and claims of every kind, including reasonable attorney's fees, incurred by the Town arising out of the Library's negligence or intentional acts in performing under this Agreement, as well as the negligence or intentional acts of the Library's employees, volunteers, agents, representatives and independent  herein, the Library agrees: residents oft the Town.  contractors.  ARTICLE2 Responsibilities ofTown  During the term of this Agreement, and subject to the conditions and terms contained 2.1 To advertise the Library's activities on the' Town's webpage, in ai reasonable manner. Such: reasonable manner shall be determined int the sole discretion of the Town 2.2 Toj pay the Library a total of five-thousand dollars per year ($5,000), to be paid in twelve (12) equal monthly installments upon receipt of an invoice from the Library, except that in the fiscal year beginning July 1, 2023 and ending June 30, 2024, the Town agrees to pay the Library five-thousand dollars ($5,000.00) in ten monthly installments beginning September 1,  herein, the Town agrees: Manager or his/her designee.  2023.    River Bend Town Council August1 17, 2023F Regular Session  6of18  ARTICLE3 Term  The initial term of this Agreement shall terminate on the 30th day of June, 2024. The term of this Agreement can be renewed for subsequent one-year terms upon written consent of both Parties on the same terms provided in this Agreement. During the initial term or any subsequently renewed term of this Agreement, either party, with or without cause, may cancel this Agreement upon thirty (30) days' written notice to the other party. If either party gives notice of cancellation, said notice will not be considered a breach of this Agreement, and said notice will relieve the other party from any future performance under this Agreement.  ARTICLE4 Independent Contractor  In the performance of services hereunder, the Library and its agents shall at all times act as an independent contractor, and not as an official Town department or as employees or agents of the Town. The Library and its agents shall not have any claim under this Agreement or otherwise against the Town for vacation pay, sick leave, retirement benefits, social security, worker's compensation, disability benefits, unemployment insurance benefits, or employee  benefits ofany other kind.  ARTICLE5 Miscellaneous  5.1 Entire Agreement; Modification: This Agreement supersedes all prior agreements and constitutes the entire agreement between the Parties and may not be amended or modified 5.2 Severability: If any of the provisions of this Agreement shall be held by a court of competent jurisdiction to be unconstitutional or unenforceable, the decision of such court shall not affect or impair any of the remaining provisions of this Agreement, and the Parties shall, to the extent they deem to be appropriate, take such actions as are necessary to correct any such unconstitutional or unenforceable provision. Iti is hereby declared to be the intent of the Parties to this Agreement that this Agreement would have been approved and executed had such an 5.3 Binding Effect: This Agreement shall be binding upon and inure to the benefit of the 5.4 Assignment: Except as may otherwise be expressly provided herein, no party may assign any right, obligation, or liability arising hereunder without the other party's prior written 5.5 Headings & Duplicate Originals: Headings in this Agreement are for convenience 5.6 Duplicate Originals: This Agreement shall be executed in duplicate originals, each of which shall be deemed an original but all of which together shall constitute one and the same 5.7 Governing Law: Exclusive Venue: This Agreement shall be governed by the laws of the State ofNorth Carolina. Exclusive venue for any action, whether at law or in equity, shall be in  except by a subsequent written agreement executed by both Parties.  unconstitutional or unenforceable provision been excluded therefrom. Parties hereto and their respective legal representatives, successors, and assigns. consent. Any such assignment or attempted assignment shall bei null and void. and reference only and shall not be used to interpret or construe its provisions.  instrument.  a court of competent jurisdiction: in Craven County, North Carolina.  2    RiverE Bendl Town Council August1 17,2 2023F Regular Session  7of18  IN TESTIMONY WHEREOF, the Parties hereto have duly executed this Agreement in duplicate originals, a copy of which is retained by each of the Parties, the day and year first  above written. INCORPORATED  (Togisj. 1981  TOWN OF RIVER BEND  By:   (SEAL)  R. Kirkland, Mayor  ATTEST:  srande Kristie. J.) Nobles, Town Clerk  RED CABOOSE COMMUNITY LIBRARY  By:  / (SEAL)  Gloria Kelly, Vice President  This instrument has been pre-audited in the manner: required by the Local Government Budget and  Fiscal Control Act.  Mady Gllb Mandy Gilbert, Finance Officer Town of River Bend 8a120a3  Date:  LSS 146872  3    RiverE BendT Towno Council Augusti 17,2 2023 Regular Session 80f18 2023-ORD-01  AN ORDINANCE TO AMEND THE CODE OF ORDINANCES  OF THE TOWN OF RIVER BEND  BE IT ORDAINED by the Town Council of the Town of River Bend that the Town Code of Ordinances, Title III, Administration, Chapter 3.05, Board and Commissions, be amended as  follows:  CHAPTER 3.05: BOARDS. AND COMMISSIONS  Parks and Recreation Advisory Board  3.05.001 3.05.002 3.05.003 3.05.004 3.05.005 3.05.015 3.05.016 3.05.017 3.05.018 3.05.019 Planning Board 3.05.035 3.05.036 3.05.037 3.05.038 3.05.039 3.05.055 3.05.056 3.05.057  Establishment Purpose Powers and duties Composition and terms of office Organization and procedures Establishment Purpose Powers and duties Composition and terms of office Organization and procedures Establishment Purpose Powers and duties Composition and terms of office Organization and procedures Establishment Purpose Powers and duties  Environment and Waterways. Advisory Board  Community. Appearance Commission    River Bend Town Council August 17, 2023F Regular Session  9of18  3.05.058 3.05.059  Composition and terms of office Organization and procedures  Advisory Board Appointments 3.05.070 Advisory Board Liaison 3.05.080    RiverE Bend Town Council August1 17,2 2023 Regular Session 10of18  PARKS AND RECREATION. ADVISORY BOARD  $3.05.001 ESTABLISHMENT. $3.05.002 PURPOSE.  AF Parks and Recreation Advisory Board (the Board) is hereby created ande established. The purpose of the Board is to advise the Town Council (Council): and Manager on parks and recreation issues to include, but not be limited to, town parks and recreation areas, safety matters in town parks and recreation areas, and recreational activities ini town parks and recreation: areas.  The Board shall work on other issues assigned by the Council or Manager  $3.05.003 POWERS AND DUTIES.  The Board shall report to the Town Council and shall have the following powers and duties: (A) At the direction of the Council and/or Manager, conduct studies and make recommendations. on (B) At their request, assist the Council and/or Manager in the resolution of complaints and concerns registered byt the town's citizens, governmental agencies, or other entities. (C) All Board reports, recommendations, or requests for actions shall be coordinated, when appropriate, with other town! boards working through the Manager and Council. (D) Because the Board is advisoryi in purpose, no Board member shall make, or have the authority to make, any contractual or financial obligations or arrangements on behalf of, or for, the town. (E) The Board, ati its discretion and operating within its budget, may organize and administer Council and/or Manager approved parks and recreational activities ande events to serve the residents of River Bend. The Board may be asked to organize special events or activities byt the  matters relating to parks and recreation issues.  Council and/or Manager.  $3.05.004 COMPOSITION AND TERMS OF OFFICE.  (A) There shall be seven (7) members oft the Board, to be appointed by the Council for 2-year staggered terms. All members shall serve without compensation. The terms of office shall commence on. July 1 and end on. June 30, 2 years later, unless appointed tot fill a vacancy, in which the term would begin immediately and end when the term was scheduled to end.  (B) All members shall be residents of the town. $3.05.005 ORGANIZATION, AND PROCEDURES.  (A) At thei first regular meeting each year following June 30, the Board shall elect a Chair, Vice Chair and a Secretary. The Secretary need not be a member of the Board. The name and contact information fore each officer shall bei immediately forwarded to the Town Clerk. Anys subsequent  change in officers shall also be forwarded toi the Town Clerk.    River Bend Town Council August 17.2 2023F Regular Session 11of18  (B) The Board shall set a date (Ex: 2nd Thursday ofe each month), time and place to conduct its regular meeting. The schedule of regular meetings for the Board: shall be maintained in the (C) The Board shall hold a minimum of 4 scheduled meetings per year. Special meetings may be called by Chair, the Manager, or 2 members oft the Board. All meetings of the Board shall be conducted in a public, accessible place. All meetings shall be open to the public, shall be conducted under the rules of order established by Council, and shall be in accordance with state laws, in particular, the Open Meetings Law. A written agenda shall be prepared and distributed to alll Board members and the Liaison at least 48 hours prior to all meetings. Copies oft the agenda shall be available to the public at all meetings. A written record ofr minutes of each meeting shall be kept by the Secretary or, in their absentee, a designated person and shall include information on attendance, findings, recommendations, and actions taken by the Board. A draft copy of ther minutes shall be provided to the Town Clerk within 10 business days of the meeting. At the next regular meeting of the Board, the draft minutes shall be presented to the Board for official acceptance. Within 10 days of adoption by the Board, a signed copy of the minutes shall be provided to the Town Clerk for retention. In accordance with applicable law, minutes of Board meetings are public record. Board minutes shall be posted on the Town's web page in a manner consistent with the process of posting Town Council minutes. (D) Ac quorum, comprised of more than half the current membership, shall be present at the meeting to take any official action required or authorized by this subchapter. Only appointed Board members are eligible to vote. The Chair is eligible to vote on all matters. (E) The Board may adopt by-laws, rules, and other procedures noti inconsistent with the town's ordinances and laws of North Carolina, with approval byt the Town Manager. (F) Pursuant to G.S.5160D-109, members of appointed boards providing advice to the Town Council shall not vote on recommendations regarding any: zoning map or text amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. (G) Any official recommendation, arising out of the Board, shall be submitted in writing to the Town Council through the Board's liaison or the Town Manager.  Office of Town Clerk.    River Bend Towno Council August1 17,2 2023F Regular Session 12of18  ENVIRONMENT AND' WATERWAYS ADVISORY BOARD  93.05.015 ESTABLISHMENT. $3.05.016 PURPOSE.  An Environment and' Waterways Advisory Board (the Board) is hereby created and established. The purpose of the Board is to advise the Town Council (Council) and Manager on environmental and waterways issues and to provide recommendations on waterways and environmental issues or concerns relating to use, preservation, conservation and protection ofs such resources within the town. The Board shall work on other issues assigned by the Council or Manager.  3.05.017 POWERS AND DUTIES.  The Board shall report to the Town Council and shall have the following powers and duties: (A) At the direction oft the Council and/or Manager, conduct studies and make recommendations. on (B) At their request, assist the Council and/or Manager int the resolution of complaints and concerns registered by the town's citizens, governmental: agencies, or other entities. (C) All Board reports, recommendations, or requests for actions shall be coordinated, when appropriate, with other town boards working through the Manager and Council. (D) Because the Board is advisory in purpose, no Board member shall make, or have the authority to make, any contractual or financial obligations or arrangements on behalf of, or for, the town. (E) The Board, at its discretion and operating within its budget, may organize and administer Council and/or Manager approved projects related to environmental and waterway activities and events to serve the residents of River Bend. The Board may be asked to organize special (F) To engage in activities to further public education: and understanding of the importance of waterways and the environment to the community, and voluntary means by which these  matters relating to environmental and waterway issues.  events ora activities by the Council and/or Manager.  resources may be protected. $3.05.018 COMPOSITION. AND TERMS OF OFFICE.  (A) There shall be seven (7) members of the Board, to be appointed byt the Council for 2-year staggered terms. All members shall serve without compensation. The terms of office shall commence on. July 1 and end on. June 30, 2 years later, unless appointed to filla a vacancy, in which the term would begin immediately ande end when the term was scheduled to end.  (B) All members shall be residents of the town. $3.05.019 ORGANIZATION, AND PROCEDURES.  (A) At the first regular meeting each year following. June 30, the Board shall elect a Chair, Vice Chair and a Secretary. The Secretary need not be ar member of the Board. The name and contact information fore each officer shall be immediately forwarded to the Town Clerk. Any subsequent  change in officers shall also bet forwarded to the Town Clerk.    RiverE BendT Town Council August 17, 2023F Regular Session 13of18  (B) The Board shall set a date (Ex: 2nd Thursday of each month), time and place to conduct its regular meeting. The schedule of regular meetings for the Board shall be maintained ini the (C) The Board shall hold a minimum of 4 scheduled meetings per year. Special meetings may be called by Chair, the Manager, or 21 members oft the Board.. All meetings of the Board shall be conducted ina a public, accessible place. All meetings shall be open to the public, shall be conducted under the rules of order established by Council, and shall bei in accordance with: state laws, in particular, the Open Meetings Law. A written agenda shall! be prepared and distributed to all Board members and the Liaison atl least 48 hours prior to all meetings. Copies oft the agenda shall be available to the publica at all meetings. A written record of minutes ofe each meeting shall bel kept by the Secretary or, in their absentee, a designated person and shall include information on attendance, findings, recommendations, and actions taken by the Board. A draft copy of the minutes shall be provided to the Town Clerk within 10 business days oft the meeting. At the next regular meeting of the Board, the draft minutes shall be presented to the Board for official acceptance. Within 10 days of adoption by the Board, a signed copy oft the minutes shall be provided to the Town Clerk for retention. In accordance with applicable law, minutes of Board meetings are public record. Board minutes shall be posted ont the Town's web pagei in ar manner consistent with the process of posting Town Council minutes. (D) Aquorum, comprised of more than half the current membership, shall be present at the meeting to take any official action required or authorized! by this subchapter. Only appointed Board members are eligible to vote. The Chair is eligible to vote on all matters. (E) The Board may adopt by-laws, rules, and other procedures noti inconsistent with the town's ordinances and laws of North Carolina, with approval by the Town Manager. (F) Pursuant to G.S. S 160D-109, members of appointed boards providing advice to the Town Council shall not vote on recommendations regarding any zoning map or text amendment wherei the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. (G) Any official recommendation, arising out of the Board, shall be submitted in writing to the Town Council through the Board's liaison or the Town Manager.  Office of Town Clerk.    River BendT Town Council August1 17, 2023F Regulars Session 140f18  PLANNING BOARD  $3.05.035 ESTABLISHMENT.  A Planning Board (the Board) is hereby created and established.  $3.05.036 PURPOSE.  The purpose of the Board is to advise the Town Council (Council) and Manager on planning and zoning issues to include, but not be limited to, establishment or revision of districts, regulation and restriction of the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land in accordance with G.S. S 160D-109. The Board shall work on other issues assigned by the Council or  Manager.  $3.05.037 POWERS ANDI DUTIES. powers and duties:  Pursuant to G.S.9 160D-109, the Board shall report to the Town Council and shall have the following (A) At the direction of the Council and/or Manager, conduct studies and make recommendationson (B) Att their request, assist the Council and/or Manager in the resolution of complaints and concerns registered byt the town's citizens, governmental agencies, or other entities. (C) AlI Board reports, recommendations, or requests for actions shall be coordinated, when appropriate, with other town boards working through the Manager and Council. (D) Because the Board is advisory in purpose, no Board member shall make, or have the authority to make, any contractual or financial obligations or arrangements on behalf of, or for, thet town.  matters relating to planning and zoning issues.  $3.05.038 COMPOSITION. AND TERMS OF OFFICE.  (A) There shall be seven (7) members of the Board, six (6) being appointed by the Council for 2-year staggered terms. The seventh member shall be a citizen living int the town's extraterritorial jurisdiction (ETJ) and shall be appointed by the Craven County Commissioners ina accordance with G.S. $1 160D-109.. All members shall serve without compensation. The terms of office shall commence on. July 1a and end on. June 30, 2 years later, unless appointed to filla a vacancy, in which the term would begin immediately and end when the term was scheduled to end. (C) Only the Craven County Commissioners have the authority to remove the ETJ member from the (D) All members of the Board shall have equal rights, privileges and duties with regards to all  (B) All town-appointed members shall be residents of the town. Board. Any ETJ vacancy shall be filled by the Commissioners. matters within the town's planning and zoning jurisdiction.    RiverE Bend Town Council August1 17, 2023F Regular Session 15of18  $3.05.039 ORGANIZATION, AND PROCEDURES.  (A) At the first regular meeting each year following. June 30, the Board shall elect a Chair, Vice Chair and a Secretary. The Secretary need not be a member of the Board. The name and contact information fore each officer shall be immediately forwarded to the Town Clerk. Any subsequent (B) The Board shall set a date (Ex: 2nd Thursday of each month), time and place to conduct its regular meeting. The schedule of regular meetings for the Board shall be maintained int the (C) The Board shall hold a minimum of 4 scheduled meetings per year. Special meetings may be called by Chair, the Manager, or 2 members of the Board. All meetings oft the Board shall be conducted in a public, accessible place. All meetings shall be open to the public, shall be conducted under the rules of order established by Council, and shall be in accordance with: state laws, in particular, the Open Meetings Law. A written agenda shall be prepared and distributed to all Board members and the Liaison at least 48 hours prior to all meetings. Copies oft the agenda shall be available to the public at all meetings. A written record- of minutes of each meeting shall bel kept byt the! Secretary or, int theira absentee, a designated person and shall include information on attendance, findings, recommendations, and actions taken by the Board. A draft copy of the minutes shall be provided to the Town Clerk within 10 business days of the meeting. At the next regular meeting of the Board, the draft minutes shall be presented to the Board for official acceptance. Within 10 days of adoption byt the Board, a signed copy of the minutes shall be provided to the Town Clerk for retention. In accordance with applicable law, minutes of Board meetings are public record. Board minutes shall be posted ont the Town's web pagei in a manner consistent with the process of posting Town Council minutes. (D) Aquorum, comprised ofr morei than half the current membership, shall be present at the meeting to take any official action required or authorized by this subchapter. Only appointed Board members are eligible to vote. The Chair is eligible to vote on all matters. (E) The Board may adopt by-laws, rules, and other procedures not inconsistent with the town's ordinances and laws of North Carolina, with approval by the Town Manager. (F) Pursuant to G.S. S 160D-109, members of appointed boards providing advice to the Town Council shall not vote on recommendations regarding any zoning map or text amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. (G) Any official recommendation, arising out of the Board, shall be submitted in writing to the Town Council through the Board's liaison or the Town Manager.  change in officers shall also bet forwarded to the Town Clerk.  Office of Town Clerk.    RiverE BendT Town Council August1 17,2 2023F Regular Session 16of18  COMMUNITY, APPEARANCE COMMISSION  53.05.055 ESTABLISHMENT. $3.05.056 PURPOSE.  AC Community Appearance Commission (herein after, the Board) is hereby created and established. The purpose of the Board is to advise the Town Council (Council) and Manager on community appearance issues toi include, but not be limited to, enhancing the appearance oft the town, making recommendations for planting of trees, shrubs or other planting materials on town owned property including town right-of-ways, and any other matter that affects the overall appearance of the town. The  Board shall work on otheri issues assigned by the Council or Manager.  53.05.057 POWERS ANDI DUTIES.  The Board shall report to the Town Council and shall have thet following powers and duties: (A) At the direction of the Council and/or Manager, conduct studies and make recommendations (B) At the request oft the Council and Manager, assist int the resolution of complaints and concerns registered byt the town's citizens, governmental agencies, or other entities. (C) All Board reports, recommendations, or requests for actions shall be coordinated, when appropriate, with other town boards working through the Manager and Council. (D) Because the Board is advisory in purpose, no Board member shall make, or have the authority to make, any contractual or financial obligations or arrangements on behalf of, or for, the town. (E) The Board, ati its discretion and operating within its budget, may organize and implement Council and/or Manager approved projects related to community appearance. The Board may be asked to conduct special projects or activities by the Council and/or Manager.  on matters relating to community appearance issues.  $3.05.058 COMPOSITION. AND TERMS OF OFFICE.  (A) There: shall be seven (7) members of the Board, to be appointed by the Council for 2-year staggered terms. All members shall serve without compensation. The terms of office shall commence onJ July 1 and end on. June 30, 2 years later, unless appointed to filla a vacancy, in which the term would begin immediately: ande end when the term was scheduled to end.  (B) All members shall ber residents of the town. $3.05.059 ORGANIZATION AND PROCEDURES.  (A) At the first regular meeting eachy year following June 30, the Board shall elect a Chair, Vice Chair and a Secretary. The Secretary need not be a member oft the Board. The name and contact information for each officer shall bei immediately forwarded tot the Town Clerk. Any subsequent  change in officers shall also be forwarded to the Town Clerk.    RiverE Bend Town Council August1 17, 2023 Regular Session 17of18  (B) The Board shall set a date (Ex: 2nd- Thursday of each month), time and place to conduct its regular meeting. The schedule of regular meetings for the Board shall be maintained in the (C) The Board shall hold a minimum of 4 scheduled meetings per year. Special meetings may be called by Chair, the Manager, or 2 members oft the Board. All meetings of the Board shall be conducted ina a public, accessible place. Alli meetings shall be open to the public, shall be conducted under the rules of order established by Council, and shall be in accordance with state laws, in particular, the Open Meetings Law. A written agenda shall be prepared and distributed to all Board members and the Liaison at least 48 hours prior to all meetings. Copies of the agenda shall be available to the public at1 the meeting. A written record of minutes ofe each meeting shall be kept by the Secretary or, in their absentee, a designated person and shall include information on attendance, findings, recommendations, and actions taken by the Board. A draft copy of the minutes shall be provided to the Town Clerk within 10 business days of the meeting. At the next regular meeting of the Board, the draft minutes shall be presented to the Board for official acceptance. Within 10 days of adoption by the Board, a signed copy oft the minutes shall be provided to the Town Clerk for retention. In accordance with applicable law, minutes of Board meetings are public record. Board minutes shall be posted on the Town'sweb page ina a manner consistent with the process of posting Town Council minutes. (D) Aquorum, comprised of more than half the current membership, shall be present at the meeting to take any official action required or authorized by this subchapter. Only appointed Board members are eligible to vote. The Chair is eligible to vote on all matters. (E) The Board may adopt by-laws, rules, and other procedures not inconsistent with the town's ordinances and laws of North Carolina, with approval by the Town Manager. (F) Pursuant to G.S. 5160D-109, members of appointed boards providing advice to the Town Council shall not vote on recommendations regarding any: zoning map or text amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. (G) Any official recommendation, arising out of the Board, shall bes submitted in writing to the Town Council through the Board's liaison or the Town Manager.  Office of Town Clerk.  S3.50PAPPOMTMENTREMOVALTOBOARD  (A) No appointment to fill a vacancy on an Advisory Board shall be made until the vacancy has been advertised for at least 2 weeks. Applicants are encouraged to attend the Council meeting where their consideration ofa appointment is scheduled, whereby they will bei introduced to the  Council.  (B) The following application procedure shall be followed by all applicants:  (1) Any person interested in appointment to an Advisory Board shall complete and submit an  Advisory Board Application.    River Bend Town Council August 17,: 2023F Regulars Session 18of18  (2) Before being considered for appointment, an applicant must have attended at least1 (3) Alla applications for appointment willl ber reviewed by the Advisory Board. The Advisory Board shall consider alla applicants and: submit a recommendation for appointment to the (4) The Advisory Board Liaison shall submit the appointment recommendation to the Town (C) Advisory Board members mayr resign at any time for any reason. All resignations must be immediately reported in writing or via email to the Town Manager by the Chair, or Liaison. Once ar member's resignation becomes effective, that member may only be considered for (D) The Council may remove a Board member, at its discretion, by vote in an open meeting. A Board member who misses 3 consecutive meetings without being excused by the Board: shall be (E) Council members may nots serve on an Advisory Board. Upon appointment or election to the Council, an Advisory Board member shall immediately resign from the Advisory Board or be  meeting of the Advisory Board theyr request to be appointed to.  Town Council. Council.  reappointment following the procedure described herein. considered to have resigned membership ini the Board.  removed from the Advisory Board by a vote oft the Council.  This Ordinance shall bei ini full force and effect upon its adoption.  Adopted this the 17th day of August, 2023  dA  John)Kirkland, Mayot  ATTEST:  ti-noks Kristie J. Nobles, Town Clerk