VILLAGE OF WESLEY CHAPEL Council Meeting Agenda October 9, 2023,7:00pm 64901 Weddington Road Wesley Chapel, NC. 28104  Start End Min. # 7:00PM 7:05PM 5 7:05PM 7:30PM 25  Item  Action  1 Call to Order, Pledge of Allegiance, Invocation  Mayor Fuller Mayor Fuller Mayor Fuller  2 Public Comments Additions, Deletions and Adoption of Agenda - motion a) Add Narcam to Item 10e 3 b)! Move Item 121 to 8b1 c) Move Item 15a1 to Closed Session Consent Agenda motion 4 a. Approve 9-11-2023 Council Meeting Minutes b.A Approve 9-18-2023 Special Meeting Minutes 5 Proclamation Indigenous Day 6 25th Anniversary a. Year to Date Update Finance Officer Report a. Financial Reports Update b.Truist-F Funds Security motion c. Software & Cybersecurity Update motion d. Finance Policies 1)R2023-10-09 #1 Village Investments motion 2) R2023-10-09 #2- Official Bank Depository Designation motion 3) R2023-10-09: #3 Authorization of Electronic Signature motion e. Fraud Expense: Approval of Budget Amendment #002 a. Chair Kenary Planning Board Meeting Update 1) Engineering Services IN Non-Project Related motion 2) ADD New Town & Cuthbertson Funding Commitment motion a. Public Hearing TA-002-F Private Roads Requirements 1) Ordinance 02023-10-09 #14 motion 2) Consistency Findings motion b.F Public Hearing TA-003- Sidewalk Requirements 9 1) Ordinance #02023-10-09 #15 motion 2) Consistency Findings motion C. Public Hearing TA-004. Minimum Lot Size (non subdivision) 1)Ordinance #02023-10-09 #16 motion 2) Consistency Findings motion  Motion  7:30PM 7:35PM 5 7:35PM 7:40PM 5 7:40PM 7:40PM 7:40PM 7:55PM 15  Motion  Mayor Fuller Mayor Fuller Ms. Bledsoe  Motions as Ms. Queen noted  7  7:55PM 8:10PM 15  Planning Board Report_ 8 b. Planner Hansen Comments  Mr. Kenary Mr. Hansen Mr. Hansen  8:10PM 8:30PM 20  Public Hearings  Motions as Mr. Hanson noted  8:30PM 8:55P PM 25    Park and Rec. Report a. Park Fountain 1)A Approval of Invoice for $5,764.16 motion 10 2) Budget Amendment #003 motion b. Fall Bash Update c. NC State Flag Replacement motion d. Dogwood Trees Replacement consensus e. ADD. Narcam 11 Website Vendor Recommendation  Motions as noted  Ms. Utley  8:55PM 9:15PM 20 9:15PM 9:30PM 15 9:30PM 9:45PM 15  a. Vendor Agreements w! CivicPlus (Website & Municode) motion 12 EngnsgSeMGAeAPAonPoRtRe-ma  Motion Motion Motion Motion  Mayor Fuller Mayor Fuller Mayor Fuller Mayor Fuller Atty. Sistrunk Mayor Fuller Council Mayor Fuller Mayor Fuller Mayor Fuller  (Move to 8b1)  Village Policy motion  9:45PM 10:05PM 20 13 1)Approval of Village Policy to Include thet following:  General, Finance, Volunteer & Sponsorship  14 Holiday Decorations motion  10:05F PM 10:20PM 15 10:20PM 10:40PM 20  15 Attorney  CwaV (Moved to Closed  Session)  10:40PM 10:45PM 5 16 WUMA Update 10:45PM 11:00PM 15 17 Council Comments  18 Closed Session NCGS 143.318.11(a)(3) Attorney-Client Privilege for Attorney's Advice (Five Stones & Town Hall Stormwater Pond)  11:00F PML 11:20PM 20  11:20PM 11:25PM 5 19 Mayor's Closing Comments 11:25PM 11:30PM 5 20 Adjourn  Motion    COUNCIL MEETING MINUTES VILLAGE OF WESLEY CHAPEL 6490 Weddington Road, Wesley Chapel, NC2 28104 October 9, 2023-7:00PM  The Village Council of Wesley Chapel, North Carolina met at Village Hall at 6490 Weddington  Road, Wesley Chapel, North Carolina. Attending Members Mike Como. Absent Members Council Member Lori Bailey Attending Staff Attorney George Sistrunk.  Mayor Amanda Fuller, Mayor Pro Tem David Boyce, Council Members: Deb Bledsoe and  Planning Administrator Vagn Hanson, Finance Officer/Clerk Kathy Queen, and Village  Minutes 1. Call to Order  Mayor Fuller called the meeting to order at 7:00 p.m. A quorum was present. Boy Scout Troop #46 led the Pledge of Allegiance, and a moment of silence was offered by Mayor Pro Tem  Boyce.  2. Public Comments  Elaine Melton, who lives on Weddington Road, and Justin O'Lear and Jim Gordon who both live in the Wesley Woods Subdivision on Barrywood Lanc, all spokc regarding extensive flooding on their properties as a result ofheavy rains in September. They noted issues with storm drains and culverts not being maintained and excessive runoff from newer neighborhoods. Taylor Glen and Ellington Downs were two oft the newer non-Wesley-Chapel neighborhoods mentioned. Some of the residents in these areas incurred significant losses as a result of the flooding, and Council was asked for their help. Some residents experienced over four feet of flooding in and directly William Reule, Jr. resident, spoke regarding the planned traffic circle at New Town and Cuthbertson Road. He spoke on behalf of his neighbors on Cuthbertson Road and for the residents in Fairfax Farms. He thanked Council for working diligently in taking care of Cuthbertson Road and for partnering with Union County for the round-about project. He stated NCDOT! has recently widened the road by two feet on each side and everyone is grateful.  around their homes.  Council Minutes- Regular Meeting 2023-10-09  Pg.1    3. Agenda Additions, Deletions, and/or Changes 2) MOVE Item 12-1 Engineering Services tol Item 8d 3) ADD Item 10e - Narcan Supplies 4) MOVE. Item 15-F Five Stones Compliance Update to 18b  1) ADD Item 8c - New Funding Commitment- Town & Cuthbertson Roundabout  Mayor Pro Tem Boyce stated the current meeting agenda has Council going to 11:30 p.m. and stated the meetings don'tn need to be this long. He asked speakers to be brief. He noted many of MOTION, and second were made by. Mayor. Pro Tem Boyce and Council. Members Como to approve the Consent Agenda with the changes requested and was unanimously approved.  the items on the Agenda could be Consent Agenda items.  4. Consent Agenda  a. Approved - September 11, 2023 Council Meeting Minutes b. Approved - September 18, 2023 Special Council Meeting Minutes  Mayor Pro Tem Boyce requested the church be changed to the United Methodist Church in the MOTION and second were made by Council Members Como and Mayor Pro Tem Boyce to approve the Consent Agenda with the changes requested and was unanimously approved. Mayor Fuller read the Proclamation recognizing October 9, 2023 as Indigenous People's Day and requested residents take time to reflect and celebrate the lives and history of the Indigenous  September 11, 2024 Minutes.  5. Proclamation  People.  6.25th Anniversary Update  There were: no items to report regarding the anniversary.  Council Member Bledsoe, however, did note that she has recently written articles on historical events. The articles were published in the Enquirer Journal: "Wesley Chapel: Picking cotton was a job for the whole family" published on September 20, 2023; "WWII soldiers trained in Wesley Chapel" published on. July 19, 2023; and "Life-long residents remember simpler times in Wesley Chapel" published on August 23, 2023. Council Member Bledsoe informed Council that she plans to write four more feature articles on the Village's Deputy along with two other a. NCLM Meeting: Kathy Queen, Finance Officer, reported the expenses in the General Fund are greater than the revenues currently which is expected given the revenue comes in primarily  deputies and ChiefMcLendon, Wesley Chapel's Fire Chief.  7.F Finance Officer Update  quarterly. She asked ift there were any questions; there were none.  Council Minutes- Regular Meeting 2023-10-09  Pg.2    b. Truist = Funds Security: Finance Officer Queen reported that Truist has introduced three security programs to protect the Village's financial assets from fraudulent activities. The  programs are as follows:  1)U-Pick ACH Transaction Program  Fake Routing and account numbers are used to receive electronic payments and will be provided on items such as invoices rather than using real information. Protection is offered by a) Not using real account numbers; b) Manually authorizing incoming ACH payments, and 3) Quicklyi identifying false checks as the routing and accounts numbers or fake.  2) ACH Fraud Security for ACH Transactions  The Finance Officer will manually approve any requests for withdrawal of funds for a payment. Transactions that are: not approved are automatically denied after 4 p.m. daily.  3) Positive Pay  The program matches checks to be cashed by report provided by Finance Officer to the Bank. Checks that do not match must be manually approved. Transactions that are: not approved are automatically denied after 4 p.m. daily. We are: not charged ift they are denied. Ms, Queen also informed Council Members that the Village is moving away from QuickBooks Online to QuickBooks Desktop which will provide another layer of protection because the software will be accessed from behind the firewall making it more difficult to hack. Ms. Queen also noted that the Village will need to have the current router for the firewall either replaced or updated. The router for the firewall is no longer supported, and this is the device that we don't have the password for that is needed to log into the "Town Hall" and "Town Hall Guest" internet The Finance Officer recommended the Village participate in these protection services; Council MOTION and second were made by Mayor Pro Tem Boyce and Council Member Como to approve the expenditure of $144 per month for fraud protections services from Truist Bank and Finance Officer Queen requested Council to approve the Black Mountain Software agreement. MOTION and second were made by Council Member Bledsoe and Council Member Como to approve both the License Agreement for Purchase and Support of Application Sofware and Addendum #1 for Municipal Accounting Services, Cybersecurity and Technical Assistance d. Finance Policies: Finance Officer Queen reported on three new financial resolutions that were added to the draft Village Policies and need to be considered for approval. These resolutions provide the needed authorization for the Finance Officer to conduct Village business. She informed Council that Attorney Sistrunk had reviewed each oft the policies.  ports.  was in agreement. The cost ofa all three services is $144/month.  was unanimously approved. c.S Software & Cybersecurity  Memorandum of Agreement and was unanimously approved.  Council Minutes- Regular Meeting 2023-10-09  Pg.3    1) - Village Investments: This Resolution authorizes the Finance Officer to make Investments under NCGS requirements and under Council guidelines as part of the Finance Officer's role in the Village. The resolution is not new but has been revised to reflect current 2) Official Bank Depository: This Resolution is the official record of Council's approval of 3) Authorized Electronic Signatures: This Resolution permits the Finance Officer to conduct business via electronic signatures. And, it provides pre-audit requirements while MOTION and second were made by Council Member Como and Council Member Bledsoe to approve the three resolutions: Village Investments, Official. Bank Depository (with the change to restricting banks to be invested in to those within the Village of Wesley Chapel still including  information.  the Bank Depository selection as well as Authorized Signatories.  eliminating the use oft the pre-audit certificate.  NCLM) and. Authorized. Electronic Signatures and was unanimously approved.  8.1 Planning Board Report  a. Planning Board Chair Update: Chair Kenary reported that the Planning Board discussed Council's request for the Planning Board to create a draft policy to limit the amount of time for applicants to respond to comments made by the Village Planner or Engineer. The Planning Board felt 90 days was a sufficient amount oftime to receive a response from the applicant. Planner Hansen reported that Carolina Pets has received their permit to build their utility lines  b. Planner Comments  and sO the project will be moving forward. C.A Additional Funding Commitment  On August 14, 2023, the Village partnered with NCDOT and Union County to apply for funding through CRTPO to make critically important improvements to the roundabout project at New Town Road Cuthbertson Road intersection. The Village committed $75,000 of local funds as a partial match to bring the combined matching funds to 20% of the project. Planner Hanson reported NCDOT has requested an additional commitment for more funding for the roundabout project. The new request is for Council to consider committing an additional $225,000 to make the project more competitive. Planner Hansen noted the funding will not be required this fiscal Council noted that if they don't increase the funds commitment, it could take ten or more years for the project to be completed. However, ifiti is approved, it will take approximately two years before the funds are needed. Council Members were concerned about inflation; Planner Hansen explained that costs for inflation are included in the projections. Council Member Como expressed frustration and likened this to a bribe; Council Member Bledsoe stated it is not a bribe but rather an incentive in light of NCDOT's financial problems. Planner Hansen explained the Council would need to approve a resolution committing the additional $225,000, for a total  year or likely the next fiscal year.  $300,000 for project ift they approve.  Councill Minutes- Regular Meeting 2023-10-09  Pg.4    MOTION and second were made by Mayor Pro Tem Boyce and Council Member Bledsoe to approve the additional commitment of $225,000, totaling $300,000, for the roundabout at New  Town and Cuthbertson Roads and was unanimously approved.  - Engineering Services  Mayor Fuller informed Council members that there has been discussion with staff and the Village's Stormwater Engineer (LaBella Engineering) in light of all the issues the Village has been experiencing, especially with stormwater runoff. (She noted for the record that Ellington Downs and Taylor Glenn subdivisions were not in the Village when they were proposed.) Approximately five years ago, the Village made efforts to strengthen its stormwater standards as what existed at the time was not sufficient. Today, in an effort to do more for the citizens, Planner Hansen, Ms. Queen, and Ms. Fisher, the Village Stormwater Engineer are recommending ali line item be added to the Stormwater's Engineer's contract to allow the Village Engineer and/or her associates to work with citizens on Village-related issues. Mayor Fuller reported Weddington and Indian Trail offer a similar service. The service would be to explore complaints, explain the Village's limitations, and offer steps forward that might provide some resolve. In addition, over time, it will paint aj picture of problem areas within the Village based on the complaints received. Council Members were in agreement for the Mayor to discuss the stormwater issues with WUMA to see what else might be done and agreed to allocate a budget of $1,000 per month utilizing the budgeted Contingency funds toward services for citizens oft the Village. MOTION and second were made by Mayor Pro Tem Boyce and Council Member Como to allocate $1,000 per month for Engineering Services, for the public with the funds being moved  out ofthe Contingency Line item and was unanimously approved. a. Public Hearing' TA-002 Private Roads Requirements Re: AMENDED ORDINANCE - $155.093-Section (A) only.  9. Public Hearings  Mr. Hanson presented a request to amend Ordinance #02023-10-09 #14-S 155.093-Section (A) only. The amended Ordinance allows for standards for private roads inj non-gated subdivisions.  Mayor Fuller opened the Public Hearing; There were no Speakers.  Mayor Fuller closed the Public Hearing.  MOTION. and second were made by Council Member Como and. Mayor Pro Tem Boyce to adopt Ordinance #02023-10-09 #141 regarding. private road. standards and was unanimously approved.  Council Minutes Regular Meeting 2023-10-09  Pg.5    MOTION and second were made by Council Member Como and. Mayor Pro Tem Boyce to adopt the following written Statement of Consistency with the Comprehensive Plan: The proposed amendment is consistent with the Village of Wesley Chapel Comprehensive Plan. The proposed amendment is consistent with Strategy B under Guiding Principle 1: Ensuring Compatible Residential Development, which states: "B. Review and revise zoning and subdivision regulations to ensure that the nature offuture residential development meets the Village  goal for quality, design, and infrastructure. " The amendment is also consistent with the overall intent of Guiding Principle 4: Respecting the Natural Environment, as it will reduce the amount  stormwater  of  runofffrom private streets and was unanimously approved.  b. Public Hearing' TA-003 Sidewalk Requirements  Re: AMENDED ORDINANCE: $ 155.084 MPROVEMENTSWTHIN VILLAGE LIMITS.  Mr. Hanson presented a request to approve the amended Ordinance #02023-10-09 #15. The  amended Ordinance pertains to sidewalk location standards. Mayor Fuller opened the Public Hearing; There were no Speakers.  Mayor Fuller closed the Public Hearing.  MOTION, and: second were made by Council Member Como and Mayor Pro Tem Boyce to adopt Ordinance #02023-10-09 #15 regarding improvements in the Village and was unanimously MOTION and second were made by Council Member Como and. Mayor Pro Tem Boyce to adopt the following written Statement of Consistency with the Comprehensive Plan: The proposed amendment is consistent with the Village of Wesley Chapel Comprehensive Plan. The proposed amendment is consistent with Strategy B under Guiding Principle 1: Ensuring Compatible Residential Development, which states: "B. Review and revise zoning and subdivision regulations to ensure that the nature offuture residential development meets the Villages goal  approved.  for quality, design, and infrastructure. " and was unanimously approved.  c. Public Hearing TA-004  AMENDED ORDINANCE-S1 155.074 LOT DIMENSIONS.  Mr. Hanson presented a request to approve the amended Ordinance #02023-10-09 #16. The amended Ordinance sets standards for minimum lot size standards for lots outside of  subdivisions.  Mayor Fuller opened the Public Hearing; There were no Speakers.  Mayor Fuller closed the Public Hearing.  MOTIONand. second were made by Council Member Como and. Mayor Pro Tem Boyce to adopt Ordinance #02023-10-09 #16 regarding minimum lot size standards for non-subdivision  properties ini the Village and was unanimously approved.  Council Minutes- Regular Meeting 2023-10-09  Pg.6    MOTION and. second were. made by Council Member Como and Mayor Pro Tem Boyce to adopt the following written Statement of Consistency with the Comprehensive Plan: The proposed amendment is consistent with the Village of Wesley Chapel Comprehensive Plan in that it brings the Village s subdivision standards into alignment with the recommended minimum lot sizes for newly created lots outside ofmajor subdivisions as specified for the future land use categories of Village Residential and Residential Growth, which comprise the majority of residentially zoned land in the Village located outside of existing mgjor subdivisions and was unanimously  approved. 10. Park & Rec. Report a. Fountain Park  Pat Utley, Park & Rec. Chair, reported the Village received two quotes for repairing the pump at the park. One pump replacement includes 100 ft. of cord, a floating control device, and additional aeriation for the installation. The other is only for the replacement of the pump. Mr. Lepke, Park Maintenance Technician, recommended only replacing the pump because the float is MOTION and second were made by Council Member Como and Mayor Pro Tem Boyce to approve the invoice from Foster Lake and. Pond. Management, for $5,764.16 to replace the pump MOTION. and. second were made by Council Members Como and Bledsoe to approve the budget amendment #003 to move budgeted funds from the GL# 2425-05. Park. Master Plan to GL# 2410-  still good. The cost to replace is $5,764.16.  and was unanimous'y approved.  10 Pond. Repair/Maintenance and was unanimously approved.  b.] Fall Bash Update:  Council was informed by Ms. Utley that the Park & Rec. Committee is currently planning for the Fall Bash. She noted they were having difficulty finding vendors as many have already been booked. Ms. Utley noted that Southbrook Church would not be partnering this year with the  Village for the Fall Bash, but the parking was ok for the rest ofthe year.  C. NC State Flag Replacement they can go ahead and order. d. Dogwood Trees Replacement  Ms. Utley informed Council that the American Flag was in tatters and needs to be replaced; Council was in agreement. Mayor Fuller commented there should be money in the budget, and  Finance Officer Queen informed Council that Mr. Lepke would like to replace the dogwood trees donated by the Wake the Forest Foundation that did not survive the summer heat. Many of the trees were Sponsored. Council was in agreement to replace the trees and directed Ms. Queen to use the proceeds from the sponsorship to replace the trees. Once the trees have been replaced and all the trees sponsored, the remaining funds may be donated to the Wake The Forest  Foundation.  Council Minutes- - Regular Meeting 2023-10-09  Pg.7    e.ADD: Narcan Supplies  Council Member Como reported that he had attended the quarterly Municipal Park & Rec. leaders' meeting as a representative for the Village, and he stated one oft the issues that came up was the availability ofl Narcan from the County. The County had received the Narcan via a grant Council Member Como spoke with the County pharmacist, and she encouraged him to have Narcan available in various areas of the Village. He asked Council ifi it could be distributed to the Park, Village Hall, and other places to have on hand in the event of an emergency. Attorney Sistrunk requested the Village look into the risks of distributing Narcan to the Village. Mayor Fuller asked Ms. Queen to contact the insurance provider to obtain more information. (Mayor Fuller later informed. Ms. Queen that the. Deputy was concerned. about storing the Narcan within  and is distributing it to the public.  certain required temperatures, and the matter was abandoned.)  11. Website Vendor Recommendation  Finance Officer Queen reported several website providers were reviewed over the past few months by both Mayor Fuller and Ms. Queen, and three were selected for final review. The three website providers considered were: 1)GovSites 2) CivicPlus and 3) Catalis. The website vendor recommendation was CivicPlus. CivicPlus offers the full suite of services needed at the lowest cost. In addition, the cost is discounted another 20% ifthe Village agrees to use Municode for its Ordinances. Municode and CivicPlus costs are $5,411 for the first year. The second year for both services will be $4,484. Additional costs for Municode will be incurred with the incorporation of amended ordinances at a cost of approximately $22 per page. Cost for incorporating one amendment will be approximately $100 as there are multiple pages to amend per amended ordinance. Conversion will take approximately five months and will begin in two Both Catalis and GovSites costs were competitive but required add-ons to meet the Village's needs. The add-on's (agenda management software and mass mailing options) resulted in much MOTION, and second were made by Council. Members Bledsoe and Como to approve CivicPlus and. Municode as the Website and Ordinances providers and was unanimously approved.  three weeks once approved.  higher costs and piece-milled services.  12. Moved to 8c 13. Village Policies  Finance Officer/Clerk Queen reported the draft policies in the Agenda Packet were modified to include three new resolutions needed for the Finance Officer to conduct Village business (discussed above under Item7d above). The amended areas were highlighted in the draft provided in the agenda packet for easy review. The draft Sponsorship Policy was also amended and was included in the packet for review. The primary changes to the draft Sponsorship Policy  were changes to the previous draft's title headings.  Councill Minutes- Regular Meeting 2023-10-09  Pg.8    Council Members noted they did not have any issues with the Village Policies as presented except Mayor Pro' Tem Boyce requested the language pertaining to the Stipend under the Finance MOTION was made by Council Member Como and Council Member Bledsoe to approve the Village Policies which include the General Village Policies, Finance Policies, Sponsorship Policy, and the Volunteer Committee Policy, except. for the stipend language under the Finance Policy section which was requested to be the same as previously approved and to be reviewed  Policy be returned to its original language.  and afirmedapproved at the next meeting and was unanimously approved.  14. Holiday Decorations  Mayor Fuller asked Council how they would like decorations to look this year; Council agreed for her to ask Mr. Lepke what he needs to replace or purchase in order to decorate this year.  15. Moved to Closed Session 16. WUMAI Update   Marvin would like to partner together tol have their own water and sewer authority. N Mark Brody to introduce a bill to auto-annex houses in donut holes with a change in  ownership.  - Waxhaw received money for crosswalks, parks and trail expansions. Considering a Master Plan for Western Union County. S SOG &1 NCLM plan to attend the next WUMAI meeting. Council Members made the following comments:  17. Council Comments Council Member Bledsoe-  After speaking with Weddington Mayor Craig Horn, Council Member Bledsoe informed Council that Mayor Horn felt we should collaborate more since we are close neighbors. She  told him she would pass it along to the Village Council.  Council Member Como =   He requested for Council Member Bledsoe's articles be placed in the glass cabinets in the He requested for the meeting information to be released earlier SO that he would have time to review it. Finance Officer/Clerk stated it would be released at or before 3 p.m. on Wednesday  foyer.  before the Monday meeting. Mayor Pro Tem Boyce -  He asked about large, boxed items in the foyer. Items are the park benches and the two table sets that were delivered when Mr. Lepke was not working. Council Member Como and Ms. Queen'sl husband, Mr. Queen, helped carry the items in from the delivery truck.  Council) Minutes Regular Meeting 2023-10-09  Pg.9    - He announced that the Daughter's of the Revolution were hosting a Revolutionary War Patriot Grave Marking at the United Presbyterian Church in honor of William Houston. He asked He stated he doesn't like how long the meetings are and requested for the Consent Agenda to be used more. Finance Officer/Clerk agreed and informed Council Members of the Agenda Comment sheet placed behind the Agenda and if Council will preview it, they can let her know ifthings need to be moved from Consent before the meeting which willl help save time. Mayor Fuller called for al Motion to enter into Closed Session for the first session.  Finance Officer/Clerk Queen to share the information.  18. Closed Session  MOTION, and second were made by Mayor Pro Tem Boyce and Council Member Como to enter into Closed Session under NCGS 143.318.11(3) under Client-Attorney Privilege to discuss Five MOTION, and. second were made by. Mayor Pro Tem. Boyce and Council Member Como to exit Mayor Fuller called for al Motion to enter into Closed Session for the second session. MOTION and second were made by Mayor Pro Tem Boyce and Council Member Bledsoe to enter into Closed Session under NCGS 143.318.11(3) under Client-Attorney Privilege to discuss MOTION and. second were made by Mayor Pro Tem. Boyce and Council Member Como to exit  Stone: s Compliance andi was unanimously approved. out ofthe Closed, Session andi was unanimously approved.  Village Hall land lease andi was unanimously approved. out ofthe Closed Session and was unanimously approved.  19. Mayor's Closing Comments Mayor Fuller had: no comments.  20. Adjourn the meeting at 9:58 p.m. VILLAGE OF WESLEYCHAPEL QmedSAN Amanda Fuller, Mayor Attest  MOTION and, second were made by Mayor Pro Tem Boyce Council Members Como to adjourn  allu Kathy Quéen, Finance Officer/Clerk  Council Minutes- Regular Meeting 2023-10-09  Pg. 10    VESLEY  PROCLAMATION  Village ofWesley Chapel, NC  WHEREAS Indigenous People's Day is celebrated each year on the second Monday of October to honor the cultures and histories of the Native American people; WHEREAS the celebration is centered around reflecting on tribal roots and tragic stories WHEREAS Indigenous People's Day celebrates, recognizes, and honors the beautiful traditions and cultures of the Indigenous People, notj justi in America, but around the world; WHEREAS today, 14 U.S. states celebrate Indigenous Peoples' Dayincluding the District NOW, THEREFORE I, Amanda Fuller, by virtue of the authority vested in me as Mayor  that hurt but strengthened their communities;  and,  of Columbia.  of the Village of Wesley Chapel do hereby proclaim October 9, 2023 as  INDIGENOUS PEOPLE'S DAY  and encourage citizens to take time to reflect and celebrate the lives and history of the  Indigenous People.  Adopted this gth day of October 2023. VILLAGE OF WESLEY CHAPEL, NC  Attest:  Amanda Fuller, Mayor  of AR VE / ( s  Kathy gdeen,  Clerk  aser  1998    7a  VILLAGE OF WESLEY CHAPEL, NC Budget VS. Actuals: FY_2023_2024- - FY24 P&L (02)  July- - September, 2023  TOTAL 40,000.00 172.00 17,718.00 20,000.00 315.00 20,000.00 1,000.00 41,315.00 6,000.00  ACTUAL  BUDGET REMAINING %F REMAINING  Income  1305/ Approp. FB Future Park Improvements 1310 Approp. FBi for NNO 1315 Approp. FB 1326. Fees and Licenses 1326-2 Engineering Fees Reimbursement 1326-3 Late Listf fees on taxes 1326-4 Privilege Licenses - ABC 1326-62 Zoning Permit 1326-7 Facilities Rental Fees Total 1326. Fees and! Licenses 1331 Sponsorships 1336 Banking Interest Earned 1338 Engineering Revenue 1340. Property & Vehicle Income 1340-01 Property Tax 1340-01-1 Current FY 1340-01-2 Previous FY 1340-01-3 Interest Total 1340-01 Property Tax 1340-03 Vehicle Tax 1340-03-1 Registration 1340-03-2 Interest Total 1340-03 Vehicle Tax 1340-4 Miscellaneous 1340-7 Utility Ad' Valorem Total 1340. Properly & Vehicle Income 1346. Shared Revenues 1346-1 Alcoholic Beverage Tax 1346-2 Sales & Use Taxes 1346-3 Sales Tax on Electricity 1346-4 Sales Tax on Piped Natural Gas 1346-5 Sales Tax on Telecom. Services 1346-6 Sales Tax on Videol Programming Total 1346. Shared Revenues Total Income GROSS PROFIT Expenses 1400. Professional Services 1400-1 Legal 1400-2 Audit 1400-3 Engr. Consulting  40,000.00 172.00 17,718.00 8,901.06 -1.17 105.00 18,561.78 1,000.00 28,566.67 -400.00 1,702.66 -52.51 174,269.47 101.29 193.15 174,563.91 16,979.56 -16.71 16,962.85 200.00 2,618.00 194,344.76 36,950.00 97,000.00 204,000.00 28,000.00 3,900.00 76,000.00 445,850.00  100.00% 100.00% 100.00% 44.51% 33.33% 92.81% 100.00% 69.14% 28.38%  11,098.94 1.17 210.00 1,438.22 12,748.33 400.00 4,297.34 52.51 10,551.53 198.71 6.85 10,757.09 1,980.44 16.71 1,997.15  184,821.00 300.00 200.00 185,321.00 18,960.00 18,960.00 200.00 2,618.00 36,950.00 97,000.00 204,000.00 28,000.00 3,900.00 76,000.00 445,850.00  94.29% 33.76% 96.58% 94.20% 89.55% 89.47% 100.00% 100.00% 93.84% 100.00% 100.00% 100.00% 100.009 % 100.00% 100.00% 100.00% 96.01% 96.01% 92.98% 100.00% 99.34% 1/4  12,754.24 207,099.00  $30,252.42 $758,154.00 $727,901.58 $30,252.42 $758,154.00 $727,901.58  2,665.76 131.25  38,000.00 5,120.00 20,000.00  35,334.24 5,120.00 19,868.75  Accrual Basis Friday, October 6. 2023 04:02 PM GMT-04:00    VILLAGE OF WESLEY CHAPEL, NC Budget VS. Actuals: FY_2023_2024- - FY24 P&L (02)  July September, 2023  TOTAL 4,785.00 67,905.00 6,000.00 19,200.00 30,074.00 75,000.00 400.00 9,966.00 140,640.00 5,000.00 15,000.00 20,166.00 13,502.00 33,668.00 900.00 1,000.00 1,200.00 160.00 100.00 15,000.00 9,500.00 12,320.00 12,500.00 750.00 4,000.00 500.00 6,000.00 500.00 1,400.00 3,000.00 6,250.00 1,000.00 9,000.00 2,430.00 2,200.00 738.80 90,448.80 5,120.00  ACTUAL 4,784.49 7,581.50 1,000.00 3,200.00 8,042.40 20,193.60 2,585.32 35,021.32  BUDGET REMAINING %F REMAINING  1400-6 Urban Forester Total 1400. Professional Services 1410. Salary 1410-01 Mayor Salary 1410-03 Council Salary 1410-05 Admin. Assistant Salary 1410-07 Finance Officer/Clerk Salary 1410-10 NC Unemployment Tax 1410-11 Payroll Taxes Total 1410. Salary 1419 Codification: services 1420 Contingency 1421. Fringe Benefits Employer 1421-1 Fringe Benefits Insurance 1421-2 Fringe Benefits Retirement Total 1421. Fringel Benefits Employer 1424. Operating Expenditures Town Hall 1424-01 Advertising 1424-02 Annual Retreat 1424-03 Bank Charges 1424-04 Books Ref. Materials 1424-06. Annexation Expense 1424-07 Dues and Subscriptions 1424-08 Election Expense 1424-09 Phones & Website Upgrade 1424-10 Insurançe Prop. & Liab. 1424-11 Insurance WC 1424-12 Office Expense 1424-13 Office Supplies 1424-15 Office maintenance 1424-16 Postage 1424-17 Recording (ROD) 1424-18 Seminars 1424-19 Tax Collection Fee @ 1.25% 1424-20 Land Maintenance 1424-221 Newsletter 1424-23 Utilities 1424-24 Travel & Entertainment 1424-25 Software and IT Services 1424-26 Loss duet to Fraud Total 1424. Operating Expenditures Town! Hall 1427 25th Anniversary Event 2400. Parks & Recreation  0.51 60,323.50 5,000.00 16,000.00 22,031.60 54,806.40 400.00 7,380.68 105,618.68 5,000.00 15,000.00 9,780.00 10,912.37 20,692.37 900.00 1,000.00 1,097.73 131.31 100.00 12,034.00 9,500.00 11,639.88 478.00 0.00 3,427.25 91.77 4,664.66 348.91 0.00 1,106.00 2,795.76 4,322.93 1,000.00 6,810.73 1,980.44 1,327.77 0.00 64,757.14 326.98  0.01% 88.84% 83.33% 83.33% 73.26% 73.08% 100.00% 74.06% 75.10% 100.00% 100.00% 48.50% 80.82% 61.46% 100.00% 100.00% 91.48% 82.07% 100.00% 80.23% 100.00% 94.48% 3.82% 0.00% 85.68% 18.35% 77.74% 69.78% 79.00% 93.19% 69.17% 100.00% 75.67% 81.50% 60.35% 0.00% 71.60% 6.39% 2/4  10,386.00 2,589.63 12,975.63  102.27 28.69 2,966.00 680.12 12,022.00 750.00 572.75 408.23 1,335.34 151.09 0.00 294.00 204.24 1,927.07 2,189.27 449.56 872.23 738.80 25,691.66 4,793.02  Accrual Basis Friday, October 6. 2023 04:021 PM GMT-04:00    VILLAGE OF WESLEY CHAPEL, NC Budget VS. Actuals: FY_2023_2024- - FY24P&L (02)  July- September, 2023  TOTAL 20,150.00 1,541.00 561.20 22,252.20 5,000.00 1,500.00 53,480.00 3,000.00 5,000.00 750.00 7,000.00 300.00 4,200.00 1,000.00 6,000.00 2,000.00 6,000.00 8,000.00 1,200.00 104,430.00 0.00 9,000.00 19,000.00 23,797.14 40,000.00 91,797.14 3,202.86 1,500.00 5,000.00 5,000.00 1,500.00 1,500.00 5,000.00 1,500.00 24,202.86 242,682.20  ACTUAL 5,983.82 457.76 6,441.58 4,714.20 17,022.51 5,000.00 1,703.48 1,380.00 435.00 1,788.18 1,132.66 2,965.54 257.00 0.00 36,398.57 3,539.40  BUDGET REMAINING % REMAINING  2405. Personnel 2405-1 P&R Salary 2405-2 P&RI Payroll Taxes 2405-3 P&R Workers Comp Total 2405. Personnel 2410. Park Operation Costs <$5k 2410-01 Benches,notice board, ADA1 table 2410-02 Grounds 2410-031 Land Maintenance Contract 2410-041 Landscape Repair 2410-08 Park Cameras 2410-10 Pond Maintenance 2410-11 Structural Improvements 2410-12 Safety Supplies & Clothing 2410-13 Sanitation Contract (restrooms) 2410-14: Sound system (ASCAP & Other) 2410-15 Supplies and! Materials 2410-16 Trash Service 2410-20 Tree Services 2410-21 Utilities 2410-22) Water/Sewer 2410-24 Discounts Earned Total 2410. Park Operation Costs <$5k 2420-10 Professional Services Park 2425. Capital Improvements >$5k 2425-01 Irrigation Expansion 2425-02 Ground Repair 2425-03 Equipment 2425-05 Park Master Plan Total 2425. Capital Improvements >$5k 2430. Events 2430-03 End of Summer Jam 2430-04 Movie Night Fall 2430-05 Fall Bash 2430-06 Cocoa & Carols 2430-07 Eggstravaganza 2430-08 Movie Night Spring 2430-09 Car Show 2430-10 Unnamed/Added Event Total 2430. Events Total 2400. Parks &1 Recreation 3400. Planning & Zoning  14,166.18 1,083.24 561.20 15,810.62 285.80 1,500.00 36,457.49 3,000.00 0.00 -953.48 7,000.00 300.00 2,820.00 565.00 4,211.82 867.34 6,000.00 5,034.46 943.00 0.00 68,031.43 -3,539.40 9,000.00 19,000.00 1,420.14 40,000.00 69,420.14 0.00 635.25 5,000.00 5,000.00 1,500.00 1,500.00 5,000.00 1,500.00 20,135.25 169,858.04  70.30% 70.29% 100.00% 71.05% 5.72% 100.00% 68.17% 100.00% 0.00% -127.13% 100.00% 100.00% 67.14% 56.50% 70.20% 43.37% 100.00% 62.93% 78.58% 65.15% 100.00% 100.00% 5.97% 100.00% 75.62% 0.00% 42.35% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 83.19% 69.99%  22,377.00 22,377.00 3,202.86 864.75  4,067.61 72,824.16  Accrual Basis Friday, October 6. 2023 04:02 PM GMT-04:00  3/4    VILLAGE OF WESLEY CHAPEL, NC Budget VS. Actuals: FY_2023_2024-F FY24 P&L (02)  July- September, 2023  TOTAL 30,000.00 700.00 9,900.00 140.00 40,740.00 115,914.00 1,036.00 116,950.00  ACTUAL 2,137.50 440.00 1,525.00 69.90 4,172.40 58,758.98 98.14 58,857.12 190.72 $-191,855.11 195,059.86 $195,059.86 $195,060.00  BUDGET REMAINING %F REMAINING  3400-05 Professional Services Benchmark 3400-06 Software 3400-07 P&Z Stipend (PB & PB Alts) 3400-08P&Z Office Expense Total 3400. Planning & Zoning 4400. Public Services/ /Safety 4400-01 UCSOI Deputy 4400-02 National Night Out PST TravelEntertainment Total 4400. Public Services/ /Safety QuickBooks Payments Fees Total Expenses NET OPERATING INCOME Other Income Total Other Income Other Expenses 5410. ARP Projects 5410-07 Law Enforcement ARPA 5410-08 Staff Salary and Benefits Total 5410. ARP Projects Total Other Expenses NET OTHER INCOME NET INCOME  27,862.50 260.00 8,375.00 70.10 36,567.60 57,155.02 937.86 58,092.88 -190.72  92.88% 37.14% 84.60% 50.07% 89.76% 49.31% 90.53% 49.67% 70.70% 0.00% 0.00% 0.00% 0.00% -0.00% 0.00% 0.00% 0.00% 0.00%  $222,107.53 $758,154.00 $536,046.47  $0.00 $191,855.11  5310-01 American Rescue Plan Funding  195,060.00  0.14 $0.14 0.46 -0.32 0.14 $0.14 $0.00  85,943.54 109,116.32 195,059.86 $195,059.86 $195,060.00 $0.00 $-191,855.11  85,944.00 109,116.00 195,060.00 $0.00 $0.00 $191,855.11  Accrual Basis Friday, October 6, 2023 04:021 PM GMT-04:00  4/4    Ta  VILLAGE OF WESLEY CHAPEL, NC Profit andl Loss Detail for Month (06) September 2023 MEMODESCRIPTION  SPLIT  AMOUNT BALANCE  TRANSACTION NUM NAME TYPE Ordinaryl Income/Expenses Income 1326. Feesa andL Licenses 1326-2Enginering! FeesF Reimbursement 09/13/2023 Invoice 09/13/2023 Invoice  Engineering Development Plan Review Byl LaBella & Vilage of Wesley 1123 Eng. Fees  2,380 2,380 1,200 3,580  393 R.D. Harrell McAdams 392 Company  Receivable 1123 Eng. Fees Receivable 1123 Eng. Fees Receivable 1123 Eng. Fees  Chapel- Project: McCoy Farm Engineering 6Hour Purchase Review: Heritage Subdivision- Work Requested Maps showingv work areav withinf floodplain DFIRM Map Updated FPDP( (removings greenway installation) Services: Pinnacle BondF Review  800 4,380 6,568 10,948  09/15/2023 Invoiçe 09/28/2023 Invoice  394 Taylor Morrison of Carolinas Inc Engineering 395 Sheal CLT Homes Carolina, LLC Engineering Review willl bep providedf for:  Storm drainage system (pipe capacity, inlet capacity per NCDOT Receivable designs standards) SCM'sf for detentiona andf freeboardr requirements (per UDO) Floodp plaine elevationsf for FPE Street horizontala andv vertical alignment for conformancet to! NCDOT design standards Outside agency review approvals (NCDOT, Utilities, etc.) Dam Safety byD DEQ/Army Corps ofE Engineers Landscape review byo others  $10,948 1 $1 25 25 25 50 50 100 25 125 25 150 50 200 25 225 50 275 38 313 50 363 $363 $11,312  Totalf for1 1326-2E Engineering! FeesF Reimbursement 1326-3Latel Listf fees ont taxes 09/22/2023 Deposit Totalf for1 1326-3L Latel Listf fees ont taxes 1326-6Z Zoning Permit 09/07/2023 Deposit 09/20/2023 Deposit 09/20/2023 Deposit 09/20/2023 Deposit 09/20/2023 Deposit 09/20/2023 Deposit 09/20/2023 Deposit 09/20/2023 Deposit 09/20/2023 Deposit 09/22/2023 Deposit Totalf for1 1326-6ZoningF Permit Totalf for1 1326. Fees andL Licenses 1340. Property & Vehiclel Income 1340-01 Property Tax 1340-01-1 CurrentF FY 09/22/2023 Deposit Totalf for 1340-01-1 Current FY 1340-01-2Previous' FY 09/22/2023 Deposit Totalf for 1340-01-2Previous FY 1340-01-31 Interest 09/22/2023 Deposit Totalf for1 1340-01-31 Interest Totalf for1 1340-01F Propertyl Tax Totalf for1 1340. Property8 & Vehiclel Income Totalf forl Income  11151 Fifth Third Bank checking 1115F Fifth ThirdE Bank checking 1115 Fifth ThirdE Bank checking 1116T Truist- -Checking (7599) 11167 Truist- Checking (7599) 1115F Fifth Third Bank checking 11167 Truist- Checking (7599) 1115 Fifth ThirdE Bank checking 11167 Truist- Checking (7599) 11167 Truist- Checking (7599) 1116 Truist- Checking (7599)  Union County 16822 Customer Customer 1238 Customer 3583 Customer 3694 Customer 3402 Customer Customer Customer 693959 Customer 3408 Customer  1806 Drive- Stonegate Crestgate 6102 Blackgate CLV Wx. Parcel 06078192 A-23-33 1416 Shade TreeA ADD-F-23-02 1608 Crestgate Dr. Pool AZ-23-35 9008 Caliterral Dr. WxF Parcel 06045150 A-23-34 1521 Golden Rain! Drive 904A Avsal wood Parcelo 06076061 A-23-33 4711 Waxhaw Indian TrailF Rd. Union Power Cooperative 718Circlel Trace Drive  1115F Fifth Third Bank 10,552 10,552  Union County Union County Union County  August2 2023  checking 1115F Fifth Third Bank checking 1115 Fifth Third Bank checking  $10,552 14 14 $14 5 $5 $10,570 $10,570 $21,883  2018$ $.81- 2021 $.5982 20221 12.57  17  Accrual Basis Friday. October 6.: 2023 04:07 PM GMT-04:00    VILLAGE OF WESLEY CHAPEL, NC Profit andl Loss Detailf for Month (06) September 2023 MEMODESCRIPTION  NAME  SPLIT  AMOUNT BALANCE  TRANSACTION NUM TYPE Expenses 1400. Professional Services 1400-1Legal 09/07/2023 Check Totalf for1 1400-11 Legal Totalf for1 1400. Professional Services 1410. Salary 1410-05/ Admin. Assistant Salary 09/18/2023 Payroll Check DD Amy CN Mumpower 09/29/2023 Payroll Check DD Amy CI Mumpower Totalf for1 1410-05A Admin. Assistant Salary 1410-07F Finance Officer/Clerk: Salary 09/18/2023 Payroll Check DD KathyL L.Queen 09/29/2023 Payroll Check DD Kathy! L. Queen Totalf for1 1410-071 Finance Officer/Clerk Salary 1410-11F PayrollT Taxes 09/18/2023 Payroll Check DD Amy CN Mumpower 09/18/2023 Payroll Check DD Kathyl L.Queen 09/29/2023 Payroll Check DD Amy CN Mumpower 09/29/2023 Payroll Check DD Kathy LQueen Totalf for 1410-11 Payroll Taxes Mtalfor1 1410. Salary  20217 Hamilton Stephens Steele8 & Inv.1 129065- Draftingo of SUP forf failuret to comply  1115F Fifh7 Third Bank checking  85 85 $85 $85 1,157 1,157 1,157 2,314 $2,314 2,885 2,885 2,885 5,770 $5,770 89 89 219 308 89 397 219 616 $616 $8,699  Martin, PLLC  1221 Direct Deposit Payable 1221 Direct Deposit Payable 1221 Direct Deposit Payable 1221 Direct Deposit Payable 1221 Direct Deposit Payable 1221 Direct Deposit Payable 1221 Direct Deposit Payable 1221 Direct Deposit Payable  Gross Pay- Thisi is nota a legal pays stub Gross Pay- Thisi isr notale legal pays stub Gross Pay- Thisi isr notal legal pays stub Gross Pay- Thisi isr nota al legal pays stub Employer Taxes Employer Taxes Employer Taxes Employer Taxes  Accrual Basis Friday, Octobers 6, 2023 04:07 PMG GMT-04:00    VILLAGE OF WESLEY CHAPEL, NC Profita andl Loss Detail for Month (06) September 2023 MEMODESCRIPTION  SPLIT checking -Split-  AMOUNT BALANCE  E  TRANSACTION NUM TYPE 1421. FringeE Benefits- Employer 09/20/2023 Check Totalf for1 1421-1 FringeE Benefits- Insurance 1421-2FringeE Benefits- Retirement 09/01/2023 Journal Entry kiq47-Aug Totalf for1 1421-2Fringe! Benefits- Retirement Totalf for1 1421. FringeE Benefits- Employer 1424. Operating Expenditures- Town! Hall 1424-07 Dues and's Subscriptions 09/20/2023 Check 09/25/2023 Check Totalf for1 1424-07 Duesa ands Subscriptions 1424-12 Office Expense 09/06/2023 Check Check 09/06/2023 09/25/2023 Check Check 09/25/2023 09/25/2023 Check Totalf for1 1424-120 Office Expense 1424-15 Officer maintenance 19/25/2023 Check Totalf for1 1424-15 Officer maintenance 1424-16F Postage 09/25/2023 Check 09/25/2023 Check Totalf for1 1424-16F Postage 1424-197 Tax CollectionF Fee @1 1.25% 00/22/2029 Doposit Totalf for1 1424-19T Tax Collectionl Fee @1 1.25% 1424-20Land Maintenance 09/22/2023 Check Totalf for1 1424-20L Land! Maintenance 1424-23 Utilities 09/06/2023 Check 09/22/2023 Check Total for1 1424-231 Utilities 1424-24T Travel8 &E Entertainment 09/20/2023 Check 09/25/2023 Check Totalf for1 1424-247 Travel &E Entertainment 1424-255 Software andr ITS Services 09/01/2023 Check 09/07/2023 Expense 09/25/2023 Check 09/25/2023 Check 09/25/2023 Check  NAME OfNC  1421-1F Fringe Benefits- Insurance 20230 Municipall Insurancel Trust Thru Dec. 30, 2023- Partial Bal. duec of$1,731 mo. payment  1115F Fifth Third Bank 298 298  $298 1,558 1,558 $1,558 $1,856  Retire  1115F Fifth Third Bank 90 90 checking 1115 Fifth ThirdE Bank 1,464 1,554 checking 1115 Fifth ThirdE Bank. 150 150 checking checking 1115 Fifth Third Bank 222 372 checking 1115Fifth1 Third Bank 22 394 checking 1115F Fifth Third Bank 52 445 checking 1115F Fifth Third Bank 488 488 checking 1115F Fifth Third Bank 66 66 checking 1115F Fifthl Third Bank 10 76 checking 1115 Fifth Third Bank 132 132 checking 1115 Fifthl Third Bank 521 521 checking 1115 Fifth7 Third Bank 173 173 checking 1115 Fifth Third Bank 136 309 checking 1115F Fifth" ThirdE Bank 29 29 checking 1115Fifth ThirdE Bank 26 55 checking 1115F Fifth Third Bank 189 189 checking checking 1115F Fifth Third Bank checking 1115 Fifth ThirdE Bank checking 1115F Fifth Third Bank 145 439  20226 NCAMC  NCAMC Dues  Month 9-25-23109-2424  20231 QuickBooks Payments QuickBooks- Desktop1 12N  $1,554  Office Cleaning Service 9-6-2023 06620. Office Printer Inkf for Mayor's Business Cards KQ Notary Seal and Stamp- KQ  20216 Mirna Vasquez 20214 David Boyce 20232 Belk 20232 Belk Mastercard 20232 Belk Mastercard 20232 Belk Mastercard 20232 Belk Mastercard 20232 BelkN Mastercard  Loss duet to changei inp personal data. DBoyce. UCSOI Incident Report 2023- 1115 Fifth Third Bank  0 150  Mastercard  $445 $488  Glass Doctor- Broken Back Door- Ins. Ded. notn met  Stamps  Return Bonds tol McGrifff for Courtyards at WC  $76 $132 $521  Union County  5464-Oct THLawn Elec." TH Acct9 91003 33007 7417  20223 Unity! Lawn8 &L Landscape 20215 Duke  Energy Works 20229 Kathy Queen 20232 BelkN Mastercard 20212 Online Technology QuickBooks Management, Payments Inc. 20232 Belk Mastercard 20232 Belk Mastercard 20232 Belk Mastercard  20225 Union County Public Water & Sewer Inv. 87355-01  $309  Bank Miles reimb.- Trips StaffL Lunch Meeting Monthly Maintenance- Sept. System-recordedf  $55 9 198 48 246 48 294 377  feef for QuickBooks Payments. Fee-name: DiscountRateFee, 1115 Fifth Third Bank  fee-type: Adobe -3Licenses! Daily. Septt to Oct KQ( (2-wk/home &1 AMwk) Adobel License! Sept- Augt to Sept 20232 2- Licenses QBsf for824230092423 (OnlineV Version) Accrual Basis Friday. October 6. 20230 04:071 PMO GMT-04:00    VILLAGE OF WESLEY CHAPEL, NC Profita and! Loss Detailf for Month (06) September: 2023 MEMODESCRIPTION TH  SPLIT checking checking checking  AMOUNT BALANCE (477) (38) $151 $739 $4,470  E  TRANSACTION NUM TYPE 09/28/2023 Journal Entry kiq51- 09/29/2023 Check Totalf for1 1424-255 Softwarea andr ITS Services 1424-26L Losso duet to Fraud 09/20/2023 Check Totalf for1 1424-26L Loss duet toF Fraud Totalf for1 1424. Operating Expenditures- Town! Hall 2400. Parks8 & Recreation 2405. Personnel 2405-1F P&RS Salary 09/18/2023 Payroll Check DD 09/29/2023 Payroll Check DD Totalf for 2405-1F P&RS Salary 2405-2P&RF Payroll7 Taxes 09/18/2023 PayrollC Check DD 09/29/2023 Payroll Check DD  NAME  Discounts earnedt transferredt to Software &ITS Servicest tol helpv with ITr needsi in -Split-  Discount 20223  1115 Fifth ThirdE Bank 189 151  Online1 Technology Management, Inc. David Boyce  Monthly Maintenance- - Sept.: 2023 changei 06620. -Jy&A Aug Nets Stipend  Loss duet to inp personal data. DBoyce. UCSOI Incident Report 2023- 1115F Fifth Third Bank 739 739  John RLepke John RLepke John! RLepke John RLepke  Gross Thisi isn nota al legal pays stub Pay- Gross Pay- Thisi isn nota al legal pays stub Employer Taxes Employer Taxes  1221 Direct Deposit 751 751 Payable 1221 Direct Deposit Payable 1221 Direct Deposit Payable 1221 Direct Deposit Payable  751 1,501 $1,501 57 57 57 115  Accrual Basis Friday, October 6. 20230 04:07 PMC GMT-04:00    VILLAGE OF WESLEY CHAPEL, NC Profit andl Loss Detail for Month (06) September 2023  MEMODESCRIPTION  SPLIT  AMOUNT BALANCE $115 $1,616 643 643 643 2,398 3,041 1,458 4,499 158 4,657 58 4,714 $4,714 $4,519  E  TRANSACTION NUM NAME TYPE Totalf for2 2405-2F P&RF Payroll Taxes Total for2 2405. Personnel 2410. Park Operation Costs <$5k 2410-01 Benches,noticel board, ADAt table 09/26/2023 Bill 09/26/2023 Bill 09/26/2023 Bill 09/26/2023 Bill 09/26/2023 Bil 09/26/2023 Bill Totalf for2 2410-01E Benches,noticel board, ADAt table 2410-03L Land Maintenance Contract 09/22/2023 Check Totalf for2 2410-03Land/ Maintenance Contract 2410-08F Park Cameras 09/21/2023 Check 09/22/2023 Check Totalf for2 2410-08F Park Cameras 2410-10F Pond Maintenance 09/22/2023 Check Totalf for 2410-10F PondN Maintenance 2410-13 Sanitation Contract (restrooms) 09/22/2023 Check Totalf for 2410-13 Sanitation Contract (restrooms) 2410-155 Supplies andN Materials 09/20/2023 Check Totalf for 2410-15 Supplies andN Materials 2410-167 Trashs Service 09/22/2023 Check Totalf for2 2410-161 Trash Service 2410-21 Utilities 09/06/2023 Check 09/06/2023 Check Totalf for 2410-21 Utilities 2410-22 Water/Sewer 09/22/2023 Check Totalf for2 2410-22V Water/Sewer 2410-240 Discounts Earned 09/22/2023 Check 09/28/2023 Journal Entry kiq51- Totalf for 2410-24 Discounts Eamed Totalf for2 2410.F Park Operation Costs <$5k 2420-1 10F Professional Services- Park 09/22/2023 Check iotalf for 2420-10F Professional Services- Park 2430. Events 2430-03 Endo of Summer. Jam 09/20/2023 Check  1200. Accounts Payable 1200. Accounts Payable Payable Payable Payable 1200. Accounts Payable 1115 Fifth Third Bank 4,519 4,519 checking 1115 Fifth ThirdE Bank 5,000 5,000 checking 1115F Fifth ThirdE Bank checking 1115 Fifth Third Bank 418 418 checking 1115 Fifth Third Bank 345 345 checking 1115 Fifth Third Bank 141 141 checking 1115 Fifth Third Bank 200 200 checking 1115F Fifth Third Bank checking 1115 Fifth ThirdE Bank 463 490 checking 1115F Fifth ThirdE Bank checking checking  Treetop Products Consolidated Treetop Products Consolidated TreetopF Products Consolidated Treetop Products Treetop Consolidated Products Consolidated Treetop Products Consolidated  Shipping Cost  1JH1003-JN Comfort Series Rect. Picnic7 Tablel 18' Picnic Tablel Portable- 1200. Accounts 2JH1005-GN Comfort Series Benches/8'B Bench/l Inground! Mount/ /Green(2 1200. Accounts Units) 1ZK6243 Picnic Table! Frame Protectors Fits 2/-3/8" Frames Setof4 (2 1200. Accounts Units) 1WG6259 Surface Mount Kitf forF Picnic Tables & Benches (2Units)  Surface Mount/ Green (2Units)  20223 Unity! Lawn &L Landscape 5464- OctParkLawn  Flock 20220 Groupl Inc 20224 Flock Inc Group  2Falcon cameras8 8.26.23- -8.25.24 inv6 6566 2Falcon cameras 8.26.23- -8.25.24 inv6 6566  0 5,000 $5,000 $418 $345 $141 $200 28 28 $490 27 27 $27 477 194 $194 $16,048 $3,539  20223 Unity Lawn &Landscape 5464-OctPond 20221 Stevens Trucking& Weekly Cleaning- Monthlyl 20228 Lowe's Home Centers, Inv. 972025-986180990002 20223 Unity Lawn &1 Landscape 5464- Octl Irrigation Seasonal Setu up/Close  Inv. 67252  Septic Service Inc.  20215 Duke 20215 Duke Energy  Elec. Park Acct 91003 33007 7607 gate- Acct91003 33007 7988 Lights-Park-  Energy  20225 Union Public ParkV Water & Sewer Inv. 40506-02 20223 Unityl Lawn8 & Landscape 5464-Oct  CountyF Works  1115 Fifth Third Bank (283) (283)  Discounts earnedt transferredt to Software &I ITS Services to helpy withl IT needsin -Split-  Discount  TH  1115 Fifthl Third Bank 3,539 3,539 1115F Fifth Third Bank 184 184  20222 LaBella Associates Dogwood Park Pondl impovementérhancement  checking checking  Posts  20224 Chad Greer  Facebook &I Instagram  Accruai Basis Fridey. October 6. 2023 04:07 PMG GMT-04:00    VILLAGE OF WESLEY CHAPEL, NC Profita andl Loss Detail for Month (06) September 2023  TRANSACTION NUM NAME TYPE Totalf for2 2430-03 Endo of Summer. Jam 2430-04N Movie! NightF Fall 09/20/2023 Check 09/25/2023 Check 09/25/2023 Check 09/25/2023 Check 09/25/2023 Check Totalf for 2430-04N Movie! NightFall Totalf for 2430. Events Totalf for2 2400. Parks &F Recreation  MEMODESCRIPTION Ice (Lowes Popcorn AAB Batteries Bubble! Solution T-Shirts for Movie Night  SPLIT 1115 Fifth ThirdE Bank checking 1115 Fifth Third Bank 188 270 checking 1115F Fifth Third Bank 37 307 checking 1115 Fifthl Third Bank checking 1115 Fifth Third Bank 510 865 checking  AMOUNT BALANCE $184 83 83  Home Centers, 20228 Lowe's Inc. 20232 Belkl Mastercard 20232 Belk! Mastercard 20232 BelkN Mastercard 20232 Belk Mastercard  Inv. 901338, 901339, 901314)  48 355 $865 $1,049 $22,253  Accrual Basis Friday. Octobers.: 2023 04:07 PMC GMT-04:00    VILLAGE OF WESLEY CHAPEL, NC Profit and! Loss Detailf forl Month (06) September 2023  rE TRANSACTION NUM NAME TYPE 3400. Planninga &Z Zoning 3400-08PaZOficet Expense 20213 09/05/2023 Check Totalf for3 3400-08P8ZOiice Expense Totalf for 3400. Planning &Zoning 4400. Public Services/ Safety 4400-01 UCSO Deputy 09/20/2023 Check Totalf for4 4400-01 UCSO Deputy 4400-02N National Night Out 09/25/2023 Check Totalf for4 4400-02N National Night Out Totalf for4 4400.F Public Services/ /Safety QuickBooks! Payments Fees 09/28/2023 Expense Totalf for QuickBooks Payments Fees Totalf forE Expenses Net! Income  MEMODESCRIPTION Karen&J  SPLIT 1115F FifthT Third Bank checking  AMOUNT BALANCE 18 18 $18 $18 $29,379 98 98 $98 $29,478 191 191 $191 $67,050 $ (45,167)  Awards Winning/  Jonathan! PBN Name Plate  FY23-240  Pmt  1115 Fifth Third Bank 29,379 29,379  20227 Union County Finance (Due Oct1 1)2ndF Qtr. Deputy  Department 20232 Belk Mastercard  checking 1115 Fifth Third Bank checking checking  Balloons  QuickBooks Payments  System-recordedi feef for QuickBooks Payments. Fee-name: DiscountRateFee, 1115 Fifth7 Third Bank  fee-type: Daily.  Accrual Basis Friday, Octobere 6. 2023 04:07 PMC GMT-04:00  717    7a  Village of Wesley Chapel Balance Sheet (03) As of September 30, 2023  TOTAL  ASSETS Current Assets Bank Accounts 1110 Cash Change Fund 1115 Fifth Third Bank checking 1116 Truist Checking (7599) 1118 Fifth Third Maxsaver 1119 Truist- - Money Market (7580) 1121 NCCMT Government Portfolio Total Bank/ Accounts Accounts Receivable 1123 Eng. Fees Receivable Total Accounts Receivable Other Current Assets 1130 Allow. for Doubtful Accounts 1150 Property Tax Rec. 1155. Use Tax Total Other Current Assets Total Current Assets Fixed Assets 1170 Accumulated Deprec. 1183 Furniture & Equipment 11851 Land 1187 Town! Hall 1189 Town! Hall Drivewaylrigation 2175. Dogwood Park Total Fixed Assets Other Assets 1191 Def Outflow Contr tol PenPlan CY 1193 Employer deferred outflow Total Other Assets TOTAL. ASSETS  50 113,423 403,345 120 1,304,099 329,820 $2,150,856 7,045 $7,045 (309) 572 4,428 $4,691 $2,162,592 (1,135,083) 37,070 813,423 1,361,869 64,192 1,075,784 $2,217,255 (1,667) 66,241 $64,574 $4,444,421  Friday, October 6. 2023  1/2    Village of Wesley Chapel Balance Sheet (03) As of September 30, 2023  TOTAL  LIABILITIES AND EQUITY Liabilities Current Liabilities Other Current Liabilities 1205 Payroll Liabilities 1212 Deferred Revenue (net tax) 1218 Deposits to Refund 1233 Escrow from Developers 5410 Unearned Revenue- ARPAI Fund Total Other Current Liabilities Total Current! Liabilities Long-Term Liabilities 1252 Deferred inflows Pension 12561 Net pension liability Total Long-Term Liabilities Totall Liabilities Equity 1510 FB  3,000 263 1,475 45,076 (0) $49,814 $49,814 23,674 44,570 $68,244 $118,058 1,543,867 105,148 557,626 40,580 5,741 48,000 2,217,255 (191,855) $4,326,362 $4,444,421  1522 FBI restricted by State Statute 1550 Transfer in-ARP spec.rev. fund 2515 FB Assign future parki imp 2518 FB Restrict for P&R1 feei inl lieu 2532 FB Assigned for Sidewalk 2545 FB. Invested in Fixed Assets Net! Income Total Equity TOTALI LIABILITIES. ANDI EQUITY  Friday, October 6, 2023  2/2    7e  License Agreement for Purchase and Support of Application Software  Black Mountain Software  This AGREEMENT is made and entered into by and between BLACK MOUNTAIN SOFTWARE LLC, located at 110 Main Street, Suite 3, Polson, Montana 59860 (hereinafter referred to as BMS), and the Town of Wesley Chapel, located at 6490 Weddington Road, Wesley Chapel, North Carolina The LICENSED SOFTWARE, as such term is used in the Agreement, includes all software products that the LICENSEE has obtained from BMS through purchase, lease, subscription, or rental and includes software, associated files, and documentation that may be related thereto, as the same may, from time tot time, be amended, updated, or customized. The software products, associated files, and documentation that together constitute a computerized system are hereinafter referred to as LICENSED SOFTWARE. Examples of LICENSED SOFTWARE include, but are not limited to, the following products: (a) BMS Cloud Hosting, software hosted on cloud servers which the LICENSEE is granted access to; and (b) BMS Summit products, web application software hosted online which BMS hereby grants LICENSEE a limited, nontransferable, non-exclusive LICENSE to an executable copy oft the LICENSED SOFTWARE, solely for LICENSEE's own internal business purposes and subject to the terms set forth herein. All rights not expressly granted to LICENSEE are reserved by BMS and its licensors. LICENSEE's ownership of and right to use the LICENSED SOFTWARE shall survive termination of this AGREEMENT. Notwithstanding, LICENSEE's obligation to only utilize the LICENSE SOFTWARE for internal business purposes and not transfer to other entities, not named in this  28104 (hereinafter referred to as LICENSEE).  the LICENSEE is granted access to.  AGREEMENT, shall survive termination of this AGREEMENT.  SCOPE OF SERVICES & FEES  The Scope of Services to be provided by BMS are more specifically set forth in Exhibit 1 to this The Initial Service Fee for each software product provided to LICENSEE is to be paid for by the NC League of Municipalities (hereinafter referred to as "NCLM") pursuant to the Municipal Accounting Services Assistance Master Agreement. The Initial Service Fee Schedule is attached hereto as. Exhibit 2. This Initial Service Fee shall cover a period of three (3) years ("Initial Performance Period") beginning upon the date on which the BMS commences implementation of the software for LICENSEE. Thereafter, LICENSEE shall have the option to continue this AGREEMENT as described During the Initial Performance Period, neither the LICENSEE nor BMS shall make any changes, directly or indirectly, to the Scope of Services, as stated in Exhibit 1 of the Agreement, or the Initial Service Fee paid by the League as indicated in Exhibit 2 of the Agreement, without the prior written approval of the NCI League of Municipalities. All costs incurred for activities outside of Exhibit1 and Exhibit2 of the Agreement or without prior approval of the NC League of Municipalities shall be borne by the After the Initial Performance Period expires, LICENSEE shall be notified annually of rates for the Annual Service Feef fort the upcoming year in: sufficient time for budgeting, if requested. LICENSEE agrees to  AGREEMENT.  below.  LICENSEE.    payment of Service fees for as long as LICENSEE uses the LICENSED SOFTWARE.  1. WARRANTY AND LIMITATIONS OF LIABILITY  All work performed under this AGREEMENT shall be performed in a workmanlike and professional manner, to the reasonable satisfaction of the LICENSEE, and shall conform to all prevailing industry BMS does not warrant that the functions contained in the LICENSED SOFTWARE meet LICENSEE'S requirements. It is the responsibility of LICENSEE to determine that the functions provided by the software meet LICENSEE'S needs. In addition, LICENSEE assumes the entire risk of using the BMS agrees to use reasonable efforts to correct any material errors found in the LICENSED SOFTWARE, during the term of this and any subsequent AGREEMENTS regarding the LICENSED SOFTWARE, at no additional cost to LICENSEE. An error, or "bug", is defined as a logical defect in the software that causes it to perform a specific function or calculation in an improper manner, or not as originally LICENSEE agrees to report any suspected error to BMS and to provide a detailed description of the situation surrounding the detection of the suspected error. BMS shall analyze the situation and determine the cause of the problem. Ifitis a material error, BMS shall use reasonable efforts to correct it and provide a new copy of the corrected executable code for use by LICENSEE. If an error has caused the loss or inaccessibility of any significant data previously entered into the LICENSED SOFTWARE by LICENSEE, BMS shall provide all reasonable assistance necessary to retrieve or reenter such data. BMS shall advise LICENSEE ift there are charges associated with the data recovery effort. IN NO EVENT SHALL BMS HAVE ANYI LIABILITYTO LICENSEE OR ANY THIRD PARTY FOR DAMAGES RESULTING FROM LICENSEE'S USE OR POSSESSION OF THE LICENSED SOFTWARE. INI NO EVENT SHALL BMS BE LIABLE FOR ANY LOSS OF PROFIT OR REVENUE BY LICENSEE OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES INCURRED OR SUFFERED BY LICENSEE, EVEN IF BMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHER, EXCEPT FOR CLAIMS BASED ON US PATENT OR US COPYRIGHT: INFRINGEMENT ORI FOR PERSONAL INJURY ORI PHYSICAL LOSS OR DAMAGETO REAL OR TANGIBLE PERSONAL PROPERTY CAUSED BY THE NEGLIGENCE OF BMS, LICENSEE AGREES THAT BMS'S TOTAL LIABILITY FOR ALL CLAIMS OF ANY KIND ARISING AS A RESULT OF, OR RELATED TO, THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO STRICT LIABILITY AND NEGLIGENCE), WARRANTY, OR ON OTHER LEGAL OR EQUITABLE GROUNDS, SHALL BE LIMITED TO GENERAL MONEY DAMAGES AND SHALL NOT EXCEED THE AMOUNTS ACTUALLY RECEIVED BY BMS FROM LICENSEE FOR SUCH SPECIFIC LICENSE FOR THE PARTICULAR PRODUCT(S) AND SERVICE PERIOD(S) TO WHICH THIS CLAIMS PERTAIN. LICENSEES REMEDIES PROVIDED HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REMEDIES, EXPRESS OR IMPLIED, WHETHER ORAL OR WRITTEN, WITH RESPECT TO THE LICENSED SOFTWARE AND ANY OTHER GOODS AND SERVICES COVERED BY OR FURNISHED PURSUANTTO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES () OF MERCHANTABILITY, (i) OF FITNESS FOR A PARTICULAR PURPOSE, OR (ii) ARISING FROM  and professional standards.  LICENSED SOFTWARE.  intended or designed.  COURSE OF PERFORMANCE OR DEALING, OR FROM USAGE OF TRADE.    2. OWNERSHIP OF SOURCE CODE  BMS owns the copyrights and all associated intellectual property rights to the licensed software which is considered confidential and a trade secret The original source code for each software product, including any alterations or customization requested and paid for by the LICENSEE, is the sole property of BMS. The original source code is not provided as part of this AGREEMENT. LICENSEE is only granted permission to utilize a copy of the executable code for each software product, subject to the terms and restrictions set forth in this AGREEMENT. However, if BMS should discontinue its operations so as to no longer bei in a position to service, update, or otherwise care for its software products undert this AGREEMENT, BMS shall take all reasonable steps to provide LICENSEE with a single copy of thet then-current version of the source code of each software product LICENSEE utilized, at no additional charge. The source code supplied to LICENSEE under this provision shall be subject to each and every restriction on use and disclosure set forth in this AGREEMENT, and LICENSEE acknowledges that the source code and its associated documentation are extraordinarily valuable proprietary property of BMS that shall be guarded against unauthorized use or disclosure with great  care.  3. NONDISCLOSURE  All rights of any kind associated with LICENSED SOFTWARE that are not expressly granted in this AGREEMENT are entirely and exclusively reserved to and by BMS. LICENSEE shall not give, assign, sell, rent, lease, or otherwise transfer this LICENSE or the LICENSED SOFTWARE, or any access to the same, to any third party. LICENSEE may also not modify, translate, reverse engineer, decompile, The LICENSED SOFTWARE is protected by both United States copyright law and international treaty provisions. LICENSEE agrees not to disclose or otherwise make available the LICENSED SOFTWARE, or related documentation, in any form, to any person for any purpose other than as necessary to LICENSEE'S use of the software as authorized herein. LICENSEE is hereby granted permission only to make archival copies of approved LICENSED SOFTWARE for the sole purpose of back up to protect LICENSEE'S investment from loss. However, LICENSEE: shall: safeguard the original and all copies of the LICENSED SOFTWARE and documentation against unauthorized disclosure and take such steps as necessary to ensure that the provisions of this AGREEMENT are not violated by any employee of LICENSEE or any other individual with access to LICENSEES computer system. For only those users that have elected to have their: software hosted through BMS on the "Cloud", or other online hosting service, al backup of each application and the related application database shall routinely be performed  disassemble, or create derivative works based on the LICENSED SOFTWARE.  each workday by a third-party provider. 4. ADDITIONAL SERVICES See Scope of Services in Exhibiti.    5.P PROTECTION OF DATA Intentionally omitted.  5.1 Implementation on Client ardware/Network 5.2 Implementation on Cloud and for Online Services  BMS shall make commercially reasonable efforts to safeguard LICENSEE'S data. LICENSEE UNDERSTANDS AND AGREES THAT BMS IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OFTHE THIRD-PARTY PROVIDERS, AND THAT LICENSEE'S REMEDIES, IF ANY, RELATING TO LOSS OF DATA ASSOCIATED WITH ERRORS OR OMISSIONS OF THE THIRD-PARTY PROVIDERS ARE STRICTLY LIMITED TO CLAIMS LICENSEE MAY HAVE AGAINST THE THIRD-PARTY PROVIDERS. In the event of loss of data, LICENSEE shall participate and assist with data recovery by all reasonable means, in conjunction with the efforts of the third-party provider of infrastructure as a service, as well as the third-party provider of backup services. IT IS UNDERSTOOD AND AGREED THAT BMS'S LIABILITY IN THE EVENT OF LOSS OF DATA IS STRICTLY LIMITED TO TAKING THE REMEDIAL MEASURES DESCRIBED HEREIN, AND IN NO EVENT SHALL BMS BE LIABLE FOR ANY LOSS OR  DAMAGES OF ANY KIND RESULTING FROM THE LOSS OF LICENSEE'S DATA. 5.3 Data Breach: Licensee's Obligation to Notify Individuals  In the event the parties hereto discover an unauthorized disclosure of LICENSEE'S data, the discovering party shall notify the other party within 24 hours of discovery of such a disclosure. LICENSEE hereby accepts all obligations under applicable law to notify each individual affected by the disclosure. LICENSEE agrees to pay all costs associated with the notification process and to diligently abide by all laws governing the unauthorized disclosure of personal information. BMS agrees to fully cooperate with the LICENSEE in their process. To the extent permitted by law, LICENSEE shall indemnify and hold harmless BMS against all costs of notification and remediation of an unauthorized disclosure of LICENSEE'S data, whether or not such breach is the direct result of an action or inaction of BMS. Thisi indemnification shall extend to all claims for any losses, damages, liabilities, fines or expenses, including reasonable attorney's fees, arising out of any failure by LICENSEE to comply with its  obligations hereunder.    6. NONPAYMENT  The Initial Service Fee for each software product provided to LICENSEE under this Agreement is to be paid for by the NC League of Municipalities pursuant to the Municipal Accounting Services Assistance Master Agreement. LICENSEE agrees to make all required payments for: (a) Annual Service Fees; (b) additional services that are requested by the LINCENSEE under Section 4 above; and (c) any applicable Cloud Hosting or access fees, on or before the due date of such payment. If any such payment remains unpaid fora a period oft thirty (30) days, BMS shall have the right to terminate this AGREEMENT and all Service, support, Cloud Hosting, and/or access to the LICENSED SOFTWARE and other  services.  7. COMPUTER SYSTEM  LICENSEE is responsible for and agrees to provide and maintain a computer system suitable to support the use and operation of BMS'S software products, as specified on BMS'S website in a document entitled Minimum Requirements. When applicable, LICENSEE is responsible for the stability oft their internet access and understands that the quality of their internet connection can impact the services BMS provides. LICENSEE is responsible for and agrees to keep computer workstations, servers, operating systems, network switches and wiring, uninterruptible power supplies, etc. up to date and functioning properly. Information on the use of LICENSED SOFTWARE, including system performance metrics, is monitored and collected by BMS for the explicit purpose of improving the Software, End Users' experience, Software performance, Software reliability and general troubleshooting practices. LICENSEE may request BMS'S advice regarding modification of server, workstation, and/or network environments to ensure proper functioning of BMS'S software. However, actual modifications are to be performed by LICENSEE'S in-house or contracted technical support personnel, unless BMS personnel are specifically directed to make changes in an emergency. In this case, authorization to proceed must be provided in writing to BMS. If LICENSEE fails to properly provide and maintain a suitable computer system, and this leads to data corruption, LICENSEE may incur charges from BMS to cover costs related to repairing or restoring damaged data. In such an event, BMS retains the right to notify LICENSEE of the fact and the  amount of the charges within 30 days of discovery and reporting of the issue.  8. APPLICABLE - LAW  This AGREEMENT is the complete statement of the AGREEMENT between the parties on the subject matter, and merges and supersedes all other or prior understandings, agreements, and arrangements. This AGREEMENT shall be governed byt the laws of the State of North Carolina. Exclusive, jurisdiction and venue: for all matters relating to this AGREEMENT shall bei in courts located in the State of North Carolina, and BMS and LICENSEE consent to such jurisdiction and venue. Ifany oft the provisions of this AGREEMENT are invalid under any applicable statute or rule of law, they are, to that extent,  modified to conform with such applicable statute or rule of law. 9. NORTH CAROLINA PUBLIC RECORDS LAW  Notwithstanding any other provisions of this Agreement, this Agreement and all materials submitted to the LICENSEE by the BMS are subject to the public records laws of the State of North Carolina and it is the responsibility of the BMS to properly designate materials that may be protected from disclosure as trade secrets under North Carolina law as such and in the form required by law prior to the submission of such materials to the LICENSEE. BMS understands and agrees that the LICENSEE may take any and all actions necessary to comply with federal, state, and local laws and/or judicial orders and such actions will not constitute a breach of the terms of this Agreement. To the extent that any other provisions of this Agreement conflict with this  paragraph, the provisions of this section shall control.    10. E- VERIFY  BMS shall comply with E-Verify, the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law and as in accordance with N.C.G.S. $64-25 et seq. In addition, to the best of BMS's knowledge, any subcontractor employed by BMS as a part of this contract shall be in compliance with the  requirements of E-Verify and N.C.G.S. $64-25 et seq. 11. IRAN DIVESTMENT ACT  BMS certifies that, as of the date listed below, it is not on the Final Divestment List as created by the State Treasurer pursuant to N.C.G.S. $147-86.55, et seq. In compliance with the requirements of the Iran Divestment Act and N.C.G.S. S 147-86.59, BMS shall not utilize in the performance of  the contract any subcontractor that is identified on the Final Divestment List. 12. COMPANIES BOYCOTTING ISRAEL DIVESTMENT ACT engaged in the boycott of Israel pursuant to N.C.G.S. 147-86.81.  BMS certifies that it has not been designated by the North Carolina State Treasurer as a company  13. FORCE MAJEURE  BMS will not be responsible for any delay or failure to perform obligations specified in this  AGREEMENT due to causes beyond BMS's reasonable control.  14. TERM AND TERMINATION hereof unless earlier terminated as provided herein.  The term of this AGREEMENT shall be for sO long as there are then current orders made a part Either party may terminate this AGREEMENT by giving the other written notice effective no later than sixty (60) days prior to the next Annual Service fee date. Such written notice shall be addressed and delivered to the designated points of contact, respectively, for LICENSEE and BMS BMS may suspend LICENSEE's access to the LICENSED SOFTWARE and services during any period that LICENSEE is in material breach of this AGREEMENT or LICENSEE's access to and use of the LICENSED SOFTWARE creates a material security vulnerability. Where practicable, BMS will give LICENSEE at least two (2) days' advance notice of the suspension unless the suspension is made under emergency circumstances. BMS will reinstate LICENSEE's access to the LICENSED In the event this AGREEMENT is terminated, BMS will retain LICENSEE's data for up to sixty (60) days from the effective date of termination. During that sixty (60) day period, upon LICENSEE's request, BMS shall provide LICENSEE with a backup copy of their data for each licensed software product that can be reasonably transferred to a local hosting service. In this case, BMS may assist LICENSEE with installation and/or configuration of LICENSEE'S software and data on a local network, upon payment of related installation fees. BMS has no obligation to retain LICENSEE's data after the sixty (60) day period and may destroy LICENSEE's data any time thereafter  at the addresses provided above or as later provided.  SOFTWARE when the grounds for suspension are cured.    15. INDEPENDENT CONTRACTOR  BMS shall be considered to be an Independent Contractor and as such shall be wholly responsible for the work to be performed and for the supervision of its employees. Nothing herein is intended or will be construed to establish any agency, partnership, or joint venture. BMS represents that ith has, or will secure at its own expense, all personnel required in performing the services under this Contract. Such employees shall not be employees of or have any individual contractual  relationship with the LICENSEE. 16. NO ASSIGNMENT  Neither party may assign this AGREEMENT without the express written consent of the other. Notwithstanding the foregoing, a Party may assign this AGREEMENT and all of its rights and obligations hereunder to any AFFILIATE or to any THIRD PARTY in connection with the transfer or: sale of all or substantially all of its business, or to which it may transfer all or substantially all ofi its assets to which this AGREEMENT relates, ori in the event of its merger, consolidation, change ino control or similar transaction, without obtaining the consent of the other Party, provided that the assigning party remains liable under this AGREEMENT and that the THIRD PARTY assignee or surviving entity assumes in writing all of its obligations under this AGREEMENT.  17. DUTY OF LICENSEE  The LICENSEE further agrees to: (1) give the League access to data managed by the Municipality in order to facilitate implementation of the Municipal Accounting Systems and Cybersecurity Grant; (2) provide on-line "read only" access into the Municipal Accounting System by the League's Accounting Assistance personnel; (3) permit the League to contact Black Mountain Software on behalf of the LICENSEE as needed to facilitate implementation of the Municipal Accounting Systems and Cybersecurity Grant; (4) make reasonable efforts to maintain industry standards for cybersecurity; and (5) use the Standardized Chart of Accounts as provided in the  Black Mountain Software installation.  THE REMAINDER OF THIS PAGE REMAINS BLANK. INTENTIONALLY.  SIGNATURES ARE ON THE NEXT PAGE.    IN WITNESS WHEREOF, the parties hereto have executed this Agreement by digital signature on the respective dates below, and this Agreement shall be effective upon the date of the  LICENSEE's signature.  BLACK MOUNTAINS SOFTWARE, LLC:  LICENSEE:  VILLAGE OF WESLEY CHAPEL aNorth Carolina municipal corporation  By: Signature Mike Fabrizio Co-CEO  By: Signature Amanda Fuler Name Mayoe Title  WESLE OFFICIAL SEAL North Carolina orporated"  Date of Signature  Date of Signature  ATEK.NL us  City/Town/Vilage' Clerk (or designee)  The undersigned acknowledges this. Agreement and its obligation toi fund services provided herein as set forth under separate agreements between the NC League ofl Municipalities and each of the  parties above.  NClagueorMimepalities  By: Signature: Name: Date:    EXHIBIT 1. Scope Of Services  MEMBER SERVICES  The Initial Service Fee and Annual Service Fee, as shown in The Initial Service Fee Schedule cover 1.) the purchase of an executable copy of thel LICENSED SOFTWARE; 2.) telephone and other means of support, including granting access to online services provided by BMS, and training to all of LICENSEE'S involved personnel in the use of the LICENSED SOFTWARE; 3.) initial transfer of data from the LICENSEE's current system into the LICENSED SOFTWARE, 4.) error correction, including software updates current with all changes in applicable law and equivalent to the products sold to new clients, and related data files changes; and 5.) hosting LICENSED SOFTWARE, including backup through a  third-party provider.  1. Software Purchase. BMS grants LICENSEE a limited, nontransferable, non-exclusive LICENSE to an executable copy of the LICENSED SOFTWARE. This includes the selected Base Package and Add-On All the software products are multi-user, with an unlimited number of LICENSE users (seats). 2. Support and Training. Unlimited phone, email, and internet support is included in the LICENSEE's services. Support is available during normal business hours, which are Monday through Friday, 7:00 a.m. to! 5:30 p.m. (Mountain Time). Any unexpected down times willl be communicated via email as Training is included for the LICENSEE, with the services provided for each software application. Unless specifically arranged, initial training willl be conducted online. After initial training, free online training is always available with advanced: scheduling required. Hourly charges and travel costs apply at a pre- 3. Data Transfer. At initial implementation, BMS will assist the LICENSEE in transferring (i.e. converting) data from an existing system(s). BMS will provide the LICENSEE, via NCLM, all data requests and data conversion templates needed for the conversion process. Any additional conversion data requested by LICENSEE would be custom and additional costs would apply to convert such data. A quote would be The following listi includes, but is not limited to, the data BMS will convert for the Base Packages: Fund Accounting - BMS approved universal chart of accounts as required for NCLM MAS participants, vendors, conversion month, YTD balances for balance sheets, revenue and expenditure accounts, Payroll - employee master file information (including demographic area, rates of pay, tax exemption settings, contacti information), deductions, YTDs (to produce W2s), outstanding checks, leave balances. Utility Billing - customer information (including account numbers, route/walk sequences,  Applications from the corresponding Initial Service Fee Schedule.  needed.  quoted rate for training physically provided onsite.  provided after discussion of the data to bei included and review from BMS staff.  outstanding checks, current year purchase orders.    independent billing, owner and resident names/addresses), balances, rate codes, security deposits, Year-to-date (YTD) totals and/or ending balances are converted. Detailed transaction history is not 4. Software Updates. Updates to the software will be applied as needed on a per-application basis. Critical updates required for error correction will be applied as needed. All BMS applications and cloud systems have updates automatically applied as they become available. Required system maintenance shall be scheduled and performed in such a way as to minimize disruption to LICENSEE's 5. Hosting. BMS shall arrange for the hosting of LICENSEE'S applications by a third-party provider of Via Hosting, thes software and data can be accessed 24/7 outside of the designated weekly maintenance window, which is 11:00 p.m. Saturday to 1:00 a.m. on Sunday (Mountain Time). Unexpected down Ina addition, BMS shall arrange for LICENSEE'S data for each software product to be backed up each workday using a third-party provider of backup services. Data storage and backup shall meet all applicable industry and governmental standards for electronic storage, data security and backup. LICENSEE has the option, but not obligation, to perform additional backups manually to local ANNUAL SERVICE FEES SPECIFICALLY DONOT COVER (1) CUSTOM SOFTWARE ENHANCEMENTS, (2) LOCAL CLIENT HARDWARE/NETWORK RELATED SUPPORT, (3) DATABASE REPAIR DUETO NON- SOFTWARE RELATED PROBLEMS SUCH AS THOSE: INVOLVING LOCAL CLIENT HARDWARE, THE LOCAL CLIENT NETWORK, OR THE LOCAL CLIENT NETWORK ENVIRONMENT AND (4) FORMAT CHANGES TO LICENSEE may request BMS to perform additional services. Additional services can include, but are not limited to, additional data preparation or conversion; supplemental training or preparation of supplemental training materials; changes to any import or export file; changes to any credit card processing interface; and systems analysis and custom programming. A cost estimate for any such services shall be provided by BMS in response to a request by LICENSEE. If travel is required, an estimate of these costs shall also be provided. Upon agreement in writing by both parties, the requested effort shall be performed. Such an effort shall be provided at BMS'S: standard rate during the period of performance. Costs of additional services shall be billed once the services have been provided and shall be due and payable within one month of billing. Actual travel costs shall be billed. Travel costs may include mileage or airfare, a nominal travel time charge per person, per diem, rental car, and lodging. Any additional services, not covered in the Scope of Services and Annual Service Fees, are paid for by  meteri information (including readings), comments/notes.  converted.  workflow.  infrastructure as a service, or through BMS'S online services. times will be communicated via email as needed.  workstations.  ANY FILE USED TO1 IMPORT DATA FROM OR EXPORT DATATOATHIRD PARTY.  ADDITIONALSERVICES  Mileage and per diem shall be based on the current Federal rates. the LICENSEE, and nott the funding responsibility of NCLM.    EXHIBIT 2 - Initial Service Fee Schedule  Note to drafters: the "Initial Service Fee Schedule" for Exhibit 2 will vary for each License Agreement signed by Municipalities based on thej package that the NCLM chooses for them.  Please see next Page for Exhibit 2, which will become part oft the "Approved Budget" pursuant  to Article II, Section 2 oft the Memorandum of Agreement.    Initial Service Fee Schedule Village of Wesley Chapel Kathy Queen, Finance Officer 6490 Weddington Road Wesley Chapel, NC 28104 athyqueenoweseycnapeinc.com  Black Mountain Software October 4, 2023  License Annual Fees Conversion Purchase Fees Year1 $39,580 $9,200 $1,055  Annual Fee Prepayment Year2 $8,340 $2,780 $11,120 $0 $11,120  Package Description  Total $66,810 $18,840 $1,055 $86,705  Fees $2,200 $1,300 $3,500 $0 $3,500  Year3 $8,590 $2,860 $11,450 $0 $11,450  Base Packages: Fund/ Accounting & Payroll Fund Accounting Payroll Add-On Applications: CRIReceiptF Printer  $8,100 $2,700 $10,800 $0 $10,800  Base Package Subtotals: $48,780  AlISubtotals: $49,835 Grand Total:  Base Package Detail by Application (Alla applications and packages arei inclusive of Cloud Hosting)  Fund Accounting: Accounting Core Purchase Orders Remote Requisitions ACHCredit Positive Pay CashF Receipting Budget Preparation Payroll: Payroll Core ACHD Direct Deposit Employee Portal    Additional Terms  1. All prices are in effect for calendar year 2023. To guarantee these prices, individual License Agreements must be entered into by the end of 2023. All pricing after 2023 will be subject to change. All towns/cities not belonging to the MAS program will be subject to 2. Prices do not reflect sale or use taxes imposed by any state or local government, or any unit or subdivision thereof; during the Term of the Master Agreement between BMS and 3. Utility Billing requires the use of specific bill layouts, options, and laser compatible billing forms for either postcard or full-page bills, as provided by BMS during the implementation process. Any additional work to edit or modify form layouts will be considered custom and billed at our current hourly rate. For the avoidance of doubt, LICENSEE shall be  standard BMS pricing.  NCLM, such taxes are the responsibility of the League.  responsible for paying such costs.  4. With Automated Bank Drafting (ACH), there are setup and transaction fees charged by the banking institution (normally, a local bank) that processes these payments. LICENSEE 5. This price indicates a standard file layout that BMS uses for the AMR Interface (Utility Billing). Ifa new/custom layout is needed to successfully complete this interface, additional service fees may be charged to accommodate a UB - AMR Custom Interface. LICENSEE shall be responsible for paying for such additional service fees. 6. The League will be billed and will pay for the License Purchase Fee, Year 1 Annual Service Fee, and Conversion Fee, as set out in the Initial Service Fee Schedule (under the applicable License Agreement between BMS and the LICENSEE), at the beginning of implementation. Upon completion of implementation, the League shall pay the Year 2 and Year 3 Annual Service Fee Prepayment fees referenced in the Initial Service Fee Schedule. 7. Existing clients purchasing additional modules will be billed upon commitment as follows: one-time fees billed in full and annual fees prorated to coincide with the annual renewal 8. All fees not identified in this License Agreement or the Memorandum of Agreement between the LICENSEE and the League shall be borne by the LICENSEE.  shall be responsible for paying for such transaction fees.  date.    AMENDMENT #1  To the MUNICIPAL ACCOUNTING SERVICES, CYBERSECURITY AND TECHNICIAL ASSISTANCE MEMORANDUM OF AGREEMENT  This AMENDMENT #1 to the Municipal Accounting Services, Cybersecurity and Technical Assistance Memorandum of Agreement (hereinafter the Amendment #I") is entered into as of the Effective Date set out below, by and between the Village of Wesley Chapel (hereinafter the Municipality") and the NC League of Municipalities (hereinafter the "League"), each additionally referred to as a "Party"; and collectively as WHEREAS, the Parties executed a Municipal Accounting Services, Cybersecurity and Technical Assistance WHEREAS, pursuant to Section 5 ofthe. MOA, thel League is offering, and the Municipality is willing to accept, Additional Services as set forth in Exhibit B to this Amendment #1, which will be provided by Black Mountain THEREFORE, for good and valuable consideration, the adequacy ofwhich is hereby acknowledged, the Parties agree to amend the original MOA by adding the attached Exhibit B to thel MOA. Thel MOA, with this Amendment #1, constitutes the entire agreement oft the Parties with respect to the subject matter hereof. Except as provided int this Amendment #1, the MOA and any previous amendments, if any, will remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by digital signature on the respective dates below, and this Agreement shall be effective upon the date ofthel MUNICIPALITY's: signature.  the "Parties."  Memorandum of Agreement ("MOA") dated 9/21/2023;  Software ("Consultant");  NCI LEAGUE OF MUNICIPALITIES:  MUNICIPALITY: WESLEY CHAPEL  al North Carolina municipal corporation  By: Signature  By: Signature Amande Fullir Name MALOR Title  Rose Vaughn Williams Executive Director Date of Signature  F WESLEY OFFICIAL SEAL North Carolina rporate  Date of Signature ATTEST:  ('designee)  Rwr    Exhibit B  Black Mountain Software  License Agreement for Purchase and Support of Application Software  This AGREEMENT is made and entered into by and between BLACK MOUNTAIN SOFTWARE LLC, located at 110 Main Street, Suite 3, Polson, Montana 59860 (hereinafter referred to as BMS), and the Town of Wesley Chapel, located at 6490 Weddington Road, Wesley Chapel, North Carolina The LICENSED SOFTWARE, as such term is used in the Agreement, includes all software products that the LICENSEE has obtained from BMS through purchase, lease, subscription, or rental and includes software, associated files, and documentation that may be related thereto, as the same may, from time tot time, be amended, updated, or customized. The software products, associated files, and documentation that together constitute a computerized system are hereinafter referred to as LICENSED SOFTWARE. Examples of LICENSED SOFTWARE include, but are not limited to, the following products: (a) BMS Cloud Hosting, software hosted on cloud servers which the LICENSEE is granted access to; and (b) BMS Summit products, web application software hosted online which BMS hereby grants LICENSEE a limited, nontransferable, non-exclusive LICENSE to an executable copy of the LICENSED SOFTWARE, solely for LICENSEE's own internal business purposes and subject to the terms set forth herein. All rights not expressly granted to LICENSEE are reserved by BMS and its licensors. LICENSEE's ownership of and right to use the LICENSED SOFTWARE shall survive termination of this AGREEMENT. Notwithstanding, LICENSEE's obligation to only utilize the LICENSE SOFTWARE for internal business purposes and not transfer to other entities, not named in this  28104 (hereinafter referred to as LICENSEE).  the LICENSEE is granted access to.  AGREEMENT, shall survive termination of this AGREEMENT.  SCOPE OF SERVICES & FEES  The Scope of Services to be provided by BMS are more specifically set forth in Exhibit 1 to this The Initial Service Fee for each software product provided to LICENSEE is to be paid for by the NC League of Municipalities (hereinafter referred to as "NCLM") pursuant to the Municipal Accounting Services Assistance Master Agreement. The Initial Service Fee Schedule is attached hereto as Exhibit 2. This Initial Service Fee shall cover a period of three (3) years ("Initial Performance Period") beginning upon the date on which the BMS commences implementation of the software for LICENSEE. Thereafter, LICENSEE shall have the option to continue this AGREEMENT as described During the Initial Performance Period, neither the LICENSEE nor BMS shall make any changes, directly or indirectly, to the Scope of Services, as stated in Exhibit 1 of the Agreement, or the Initial Service Fee paid by the League as indicated in Exhibit 2 of the Agreement, without the prior written approval of the NCI League of Municipalities. All costs incurred for activities outside of Exhibit 1 and Exhibit2 of the Agreement or without prior approval of the NC League of Municipalities shall be borne by the After the Initial Performance Period expires, LICENSEE shall be notified annually of rates for the Annual Service Feet for the upcoming year in sufficient time for budgeting, if requested. LICENSEE agrees to  AGREEMENT.  below.  LICENSEE.    payment of Service fees for as long as LICENSEE uses the LICENSED SOFTWARE.  1. WARRANTY AND LIMITATIONS OF LIABILITY  All work performed under this AGREEMENT shall be performed in a workmanlike and professional manner, to ther reasonable satisfaction of the LICENSEE, and shall conform to all prevailing industry BMS does not warrant that the functions contained in the LICENSED SOFTWARE meet LICENSEE'S requirements. It is the responsibility of LICENSEE to determine that the functions provided by the software meet LICENSEE'S needs. In addition, LICENSEE assumes the entire risk of using the BMS agrees to use reasonable efforts to correct any material errors found in the LICENSED SOFTWARE, during the term oft this and any subsequent. AGREEMENTS regarding the LICENSED SOFTWARE, atr no additional cost to LICENSEE. An error, or "bug", is defined as a logical defect in the software that causes it to perform a specific function or calculation in an improper manner, or not as originally LICENSEE agrees to report any suspected error to BMS and to provide a detailed description of the situation surrounding the detection of the suspected error. BMS shall analyze the situation and determine the cause of the problem. Ifitisa a material error, BMS shall use reasonable efforts to correct it and provide a new copy of the corrected executable code for use by LICENSEE. If an error has caused the loss or inaccessibility of any significant data previously entered into the LICENSED SOFTWARE by LICENSEE, BMS shall provide all reasonable assistance necessary to retrieve or reenter such data. BMS shall advise LICENSEE if there are charges associated with the data recovery effort. IN NO EVENT SHALL BMS HAVE ANY LIABILITYTO LICENSEE OR ANYTHIRD PARTY FOR DAMAGES RESULTING FROM LICENSEE'S USE OR POSSESSION OF THE LICENSED SOFTWARE. INI NOEVENT SHALL BMS BEI LIABLE FOR ANY LOSS OF PROFIT OR REVENUE BYI LICENSEE ORANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES INCURRED OR SUFFERED BY LICENSEE, EVEN: IF BMS HAS BEEN ADVISED OFTHE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHER, EXCEPT FOR CLAIMS BASED ON US PATENT OR US COPYRIGHT INFRINGEMENT OR FOR PERSONAL INJURY OR PHYSICAL LOSS OR DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY CAUSED BY THE NEGLIGENCE OF BMS, LICENSEE AGREES THAT BMS'S TOTAL LIABILITY FOR ALL CLAIMS OF ANY KIND ARISING AS A RESULT OF, OR RELATED TO, THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT (INCLUDING BUT NOTI LIMITED TO STRICT LIABILITY AND NEGLIGENCE), WARRANTY, OR ON OTHER LEGAL OR EQUITABLE GROUNDS, SHALL BE LIMITED TO GENERAL MONEY DAMAGES AND SHALL NOT EXCEED THE AMOUNTS ACTUALLY RECEIVED BY BMS FROM LICENSEE FOR SUCH SPECIFIC LICENSE FOR THE PARTICULAR PRODUCT(S) AND SERVICE PERIOD(S) TO WHICH THIS CLAIMS PERTAIN. LICENSEE'S REMEDIES PROVIDED HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REMEDIES, EXPRESS OR IMPLIED, WHETHER ORAL OR WRITTEN, WITH RESPECT TO THE LICENSED SOFTWARE AND ANY OTHER GOODS AND SERVICES COVERED BY OR FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES (1) OF MERCHANTABILITY, (ii) OF FITNESS FOR A PARTICULAR PURPOSE, OR (iii) ARISING FROM  and professional standards.  LICENSED SOFTWARE.  intended or designed.  COURSE OF PERFORMANCE OR DEALING, OR FROM USAGE OF TRADE.    2. OWNERSHIP OF SOURCE CODE  BMS owns the copyrights and all associated intellectual property rights to the licensed software which is considered confidential and a trade secret The original source code for each software product, including any alterations or customization requested and paid for by the LICENSEE, is the sole property of BMS. The original source code is not provided as part of this AGREEMENT. LICENSEE is only granted permission to utilize a copy of the executable code fore each software product, subject to the terms and restrictions set forth in this AGREEMENT. However, if BMS should discontinue its operations so as to no longer be in a position to service, update, or otherwise care for its software products under this AGREEMENT, BMS shall take all reasonable steps to provide LICENSEE with a single copy oft the then-current version oft the source code of each software product LICENSEE utilized, at no additional charge. The source code supplied to LICENSEE under this provision shall be subject to each and every restriction on use and disclosure set forth in this AGREEMENT, and LICENSEE acknowledges that the source code and its associated documentation are extraordinarily valuable proprietary property of BMS that shall be guarded against unauthorized use or disclosure with great  care.  3. NONDISCLOSURE  All rights of any kind associated with LICENSED SOFTWARE that are not expressly granted in this AGREEMENT are entirely and exclusively reserved to and by BMS. LICENSEE shall not give, assign, sell, rent, lease, or otherwise transfer this LICENSE or the LICENSED SOFTWARE, or any access to the same, to any third party. LICENSEE may also not modify, translate, reverse engineer, decompile, The LICENSED SOFTWARE is protected by both United States copyright law andi international treaty provisions. LICENSEE agrees not to disclose or otherwise make available the LICENSED SOFTWARE, or related documentation, in any form, to any person for any purpose other than as necessary to LICENSEE'S use of the software as authorized herein. LICENSEE is hereby granted permission only to make archival copies of approved LICENSED SOFTWARE for the sole purpose of back up to protect LICENSEE'S investment from loss. However, LICENSEE shall safeguard the original and all copies of the LICENSED SOFTWARE and documentation against unauthorized disclosure and take such steps as necessary to ensure that the provisions of this AGREEMENT are not violated by any employee of LICENSEE or any other individual with access to LICENSEE'S computer system. For only those users that have elected to have their software hosted through BMS on the' "Cloud", or other online hosting service, a backup of each application and the related application database shall routinely be performed  disassemble, or create derivative works based on the LICENSED SOFTWARE.  each workday by a third-party provider. 4. ADDITIONAL SERVICES See! Scope of Services in! Exhibit1.    5.F PROTECTION OF DATA  5.1 Implementation on Client Hardware/Network  Intentionally omitted.  5.2 iImplementation on Cloud and for Online Services  BMS shall make commercially reasonable efforts to safeguard LICENSEE'S data. LICENSEE UNDERSTANDS AND AGREES THAT BMS IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OF THE THIRD-PARTY PROVIDERS, AND THAT LICENSEE'S REMEDIES, IF ANY, RELATING TO LOSS OF DATA ASSOCIATED WITH ERRORS OR OMISSIONS OF THE THIRD-PARTY PROVIDERS ARE STRICTLY LIMITED TO CLAIMS LICENSEE MAY HAVE AGAINST THE THIRD-PARTY PROVIDERS. In the event of loss of data, LICENSEE shall participate and assist with data recovery by all reasonable means, in conjunction with the efforts of the third-party provider ofi infrastructure as a service, as well as the third-party provider of backup services. IT IS UNDERSTOOD AND AGREED THAT BMS'S LIABILITY IN THE EVENT OF LOSS OF DATA IS STRICTLY LIMITED TO TAKING THE REMEDIAL MEASURES DESCRIBED HEREIN, AND IN NO EVENT SHALL BMS BE LIABLE FOR ANY LOSSOR  DAMAGES OF ANY KIND RESULTING FROM THE LOSS OF LICENSEE'S DATA. 5.3 Data Breach: Licensee's Obligation to Notify Individuals  In the event the parties hereto discover an unauthorized disclosure ofl LICENSEE'S data, the discovering party shall notify the other party within 24 hours of discovery of such a disclosure. LICENSEE hereby accepts all obligations under applicable law to notify each individual affected by the disclosure. LICENSEE agrees to pay all costs associated with the notification process and to diligently abide by all laws governing the unauthorized disclosure of personal information. BMS agrees to fully cooperate with the LICENSEE in their process. To the extent permitted by law, LICENSEE shall indemnify and hold harmless BMS against all costs of notification and remediation of an unauthorized disclosure of LICENSEE'S data, whether or not such breach is the direct result of an action or inaction of BMS. This indemnification shall extend to all claims for any losses, damages, liabilities, fines or expenses, including reasonable attorney's fees, arising out of any failure by LICENSEE to comply with its  obligations hereunder.    6. NONPAYMENT  The Initial Service Fee for each software product provided to LICENSEE under this Agreement is to be paid for by the NC League of Municipalities pursuant to the Municipal Accounting Services Assistance Master Agreement. LICENSEE agrees to make all required payments for: (a) Annual Service Fees; (b) additional services that are requested by the LINCENSEE under Section 4 above; and (c) any applicable Cloud Hosting or access fees, on or before the due date of such payment. If any such payment remains unpaid for a period oft thirty (30) days, BMS shall have the right to terminate this AGREEMENT and all Service, support, Cloud Hosting, and/or access to the LICENSED SOFTWARE and other  services.  7. COMPUTER SYSTEM  LICENSEE is responsible for and agrees to provide and maintain a computer system suitable to support the use and operation of BMS'S software products, as specified on BMS'S website in a document entitled Minimum Requirements. When applicable, LICENSEE is responsible for the stability oft theiri internet access and understands that the quality oft their internet connection can impact the services BMS provides. LICENSEE is responsible for and agrees to keep computer workstations, servers, operating systems, network switches and wiring, uninterruptible power supplies, etc. up to date and functioning properly. Information on the use of LICENSED SOFTWARE, including system performance metrics, is monitored and collected by BMS for the explicit purpose of improving the Software, End Users' experience, Software performance, Software reliability and general troubleshooting practices. LICENSEE may request BMS'S advice regarding modification of server, workstation, and/or network environments to ensure proper functioning of BMS'S software. However, actual modifications are to be performed by LICENSEE'S in-house or contracted technical support personnel, unless BMS personnel are specifically directed to make changes in an emergency. In this case, authorization to proceed must be provided in writing to BMS. IfLICENSEE fails to properly provide and maintain a suitable computer system, and this leads to data corruption, LICENSEE may incur charges from BMS to cover costs related to repairing or restoring damaged data. In such an event, BMS retains the right to notify LICENSEE of the fact and the  amount of the charges within 30 days of discovery and reporting of the issue.  8. APPLICABLE LAW  This AGREEMENT is the complete statement of the AGREEMENT between the parties on the subject matter, and merges and supersedes all other or prior understandings, agreements, and arrangements. This AGREEMENT shall be governed byt the laws oft the State of North Carolina. Exclusive jurisdiction and venue for all matters relating to this AGREEMENT shall bei in courts located in the State of North Carolina, and BMS and LICENSEE consent to such jurisdiction and venue. If any of the provisions of this AGREEMENT are invalid under any applicable statute or rule of law, they are, to that extent,  modified to conform with such applicable statute or rule of law. 9. NORTH CAROLINA PUBLIC RECORDS LAW  Notwithstanding any other provisions of this Agreement, this Agreement and all materials submitted to the LICENSEE by the BMS are subject to the public records laws of the State of North Carolina and it is the responsibility of the BMS to properly designate materials that may be protected from disclosure as trade secrets under North Carolina law as such and in the form required by law prior to the submission of such materials to the LICENSEE. BMS understands and agrees that the LICENSEE may take any and all actions necessary to comply with federal, state, and local laws and/or judicial orders and such actions will not constitute a breach of the terms of this Agreement. To the extent that any other provisions of this Agreement conflict with this  paragraph, the provisions of this section shall control.    10. E-VERIFY  BMS shall comply with E-Verify, the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law and as in accordance with N.C.G.S. $64-25 et seq. In addition, to the best of BMS's knowledge, any subcontractor employed by BMS as a part of this contract shall be in compliance with the  requirements of E-Verify and N.C.G.S. $64-25 et seq. 11. IRAN DIVESTMENT ACT  BMS certifies that, as of the date listed below, it is not on the Final Divestment List as created by the State Treasurer pursuant to N.C.G.S. S 147-86.55, et seq. In compliance with the requirements of the Iran Divestment Act and N.C.G.S. S 147-86.59, BMS shall not utilize in the performance of  the contract any subcontractor that is identified on the Final Divestment List. 12. COMPANIES BOYCOTTING ISRAEL DIVESTMENT ACT engaged in the boycott of Israel pursuant to N.C.G.S. 147-86.81.  BMS certifies that it has not been designated by the North Carolina State Treasurer as a company  13. FORCE MAJEURE  BMS will not be responsible for any delay or failure to perform obligations specified in this  AGREEMENT due to causes beyond BMS's reasonable control.  14. TERM AND TERMINATION hereof unless earlier terminated as provided herein.  The term of this AGREEMENT shall be for sO long as there are then current orders made a part Either party may terminate this AGREEMENT by giving the other written notice effective no later than sixty (60) days prior to the next Annual Service fee date. Such written notice shall be addressed and delivered to the designated points of contact, respectively, for LICENSEE and BMS BMS may suspend LICENSEE's access to the LICENSED SOFTWARE and services during any period that LICENSEE is in material breach of this AGREEMENT or LICENSEE's access to and use of the LICENSED SOFTWARE creates a material security vulnerability. Where practicable, BMS will give LICENSEE at least two (2) days' advance notice of the suspension unless the suspension is made under emergency circumstances. BMS will reinstate LICENSEE's access to the LICENSED In the event this AGREEMENT is terminated, BMS will retain LICENSEE's data for up to sixty (60) days from the effective date of termination. During that sixty (60) day period, upon LICENSEE's request, BMS shall provide LICENSEE with a backup copy of their data for each licensed software product that can be reasonably transferred to al local hosting service. In this case, BMS may assist LICENSEE with installation and/or configuration of LICENSEE'S software and data on a local network, upon payment of related installation fees. BMS has no obligation to retain LICENSEE's data after the sixty (60) day period and may destroy LICENSEE's data any time thereafter  at the addresses provided above or as later provided.  SOFTWARE when the grounds for suspension are cured.    15. INDEPENDENT CONTRACTOR  BMS shall be considered to be an Independent Contractor and as such shall be wholly responsible for the work to be performed and for the supervision ofi its employees. Nothing herein is intended or will be construed to establish any agency, partnership, or joint venture. BMS represents that ith has, or will secure at its own expense, all personnel required in performing the services under this Contract. Such employees shall not be employees of or have any individual contractual  relationship with the LICENSEE. 16. NO ASSIGNMENT  Neither party may assign this AGREEMENT without the express written consent of the other. Notwithstanding the foregoing, a Party may assign this AGREEMENT and all of its rights and obligations hereunder to any AFFILIATE or to any THIRD PARTY in connection with the transfer or sale of all or substantially all of its business, or to which it may transfer all or substantially all ofi its assets to which this AGREEMENT relates, ori in the event of its merger, consolidation, change in control or similar transaction, without obtaining the consent of the other Party, provided that the assigning party remains liable under this AGREEMENT and that the THIRD PARTY assignee or surviving entity assumes in writing all of its obligations under this AGREEMENT.  17. DUTY OF LICENSEE  The LICENSEE further agrees to: (1) give the League access to data managed by the Municipality in order to facilitate implementation of the Municipal Accounting Systems and Cybersecurity Grant; (2) provide on-line "read only" access into the Municipal Accounting System by the League's Accounting Assistance personnel; (3) permit the League to contact Black Mountain Software on behalf of the LICENSEE as needed to facilitate implementation of the Municipal Accounting Systems and Cybersecurity Grant; (4) make reasonable efforts to maintain industry standards for cybersecurity; and (5) use the Standardized Chart of Accounts as provided in the  Black Mountain Software installation.  THE REMAINDER OF THIS PAGE REMAINS BLANK INTENTIONALLY.  SIGNATURES ARE ON THE NEXT PAGE.    EXHIBIT 1 Scope Of Services  MEMBER SERVICES  The Initial Service Fee and Annual Service Fee, as shown in The Initial Service Fee Schedule cover 1.) the purchase of an executable copy of the LICENSED SOFTWARE; 2.) telephone and other means of support, including granting access to online services provided by BMS, and training to all of LICENSEES involved personnel in the use of the LICENSED SOFTWARE; 3.) initial transfer of data from the LICENSEE's current system into the LICENSED SOFTWARE, 4.) error correction, including software updates current with all changes in applicable law and equivalent to the products sold to new clients, and related data files changes; and 5.) hosting LICENSED SOFTWARE, including backup through a  third-party provider.  1. Software Purchase. BMS grants LICENSEE al limited, nontransferable, non-exclusive LICENSE to an executable copy of the LICENSED SOFTWARE. This includes the selected Base Package and Add-On All the software products are multi-user, with an unlimited number of LICENSE users (seats). 2. Support and Training. Unlimited phone, email, and internet support is included in the LICENSEE's services. Support is available during normal business hours, which are Monday through Friday, 7:00 a.m. to! 5:30 p.m. (Mountain Time). Any unexpected down times will be communicated via email as Training isi included for the LICENSEE, with the services provided for each software application. Unless specifically arranged, initial training will be conducted online. After initial training, free online training isa always available with advanced scheduling required. Hourly charges and travel costs apply at a pre- 3. Data Transfer. At initial implementation, BMS will assist the LICENSEE in transferring (i.e. converting) datai from an existing system(s). BMS will provide the LICENSEE, via NCLM, all data requests and data conversion templates needed for the conversion process. Any additional conversion data requested by LICENSEE would be custom and additional costs would apply to convert such data. A quote would be provided after discussion of the data to be included and review from BMS staff. The following list includes, but is not limited to, the data BMS will convert for the Base Packages: Fund Accounting - BMS approved universal chart of accounts as required for NCLM MAS participants, vendors, conversion month, YTD balances for balance sheets, revenue and expenditure accounts, Payroll - employee master file information (including demographic area, rates of pay, tax exemption settings, contact information), deductions, YTDs (to produce W2s), outstanding checks, leave balances. Utility Billing customer information (including account numbers, route/walk sequences,  Applications from the corresponding Initial Service Fee Schedule.  needed.  quoted rate for training physically provided onsite.  outstanding checks, current year purchase orders.    IN WITNESS WHEREOF, the parties hereto have executed this Agreement by digital signature on the respective dates below, and this Agreement shall be effective upon the date of the  LICENSEE's signature.  MAGKOLNIAMSOTMAN, ,LLC:  LICENSEE:  VILLAGE OF WESLEY CHAPEL al North Carolina municipal corporation  By: Signature Mike Fabrizio Co-CEO  By: Signature Name Mesoe Title  WESLEY OFFICIAL SEAL North Carolina orporated  AmmandaFille  Date of Signature  Date of Signature ATTEST:  Shaths Qusy CityTown/Village Clerk (or designee)  The undersigned acknowledges this Agreement and its obligation to fund services provided herein as set forth under separate agreements between the NC League of Municipalities and each of the NCLagueofMmicplities  parties above.  By: Signature: Name: Date:    7di  STATE of NORTH CAROLINA VILLAGE OF WESLEY CHAPEL )  R2023-10-09 #1  RESOLUTION -VILLAGE INVESTMENTS  WHEREAS it is the desire of the Village Council to use all public funds of the Village of Wesley Chapel, NC (hereafter the' "Village") in a most efficient and effective manner; WHEREAS it is the responsibility of the finance officer, who is appointed by and serves at the pleasure of the Village Council, to supervise the investment ofi idle funds of the Village; WHEREAS the Village makes all investments as authorized by this Resolution and applicable to North Carolina General Statutes 159-30-1 Investment ofi idle funds; WHEREAS Truist Bank and the North Carolina Capital Management Trust Governmental Portfolio are currently authorized and approved to provide investment services to the Village and other banks within the Village will be validated and approved by the Finance Officer WHEREAS the Village Council has found and determined that the primary objective in the investment of public funds is safety and preservation of capital; the second is to maintain sufficiently liquidity tor meet operating requirements; and last, to obtaina a market rate ofr return. NOW, THEREFORE, BE IT RESOLVED by the Village Council of Wesley Chapel that: Section 1. The finance officer is hereby authorized and directed to stay informed of any changes to collateralization methods for any bank holding Village investment funds. Section 2. The Village is authorized to hold investment funds in any bank located within the Village of Wesley Chapel and the North Carolina Capital Management Trust. Section 3. Authorized investments include items listed under NCGS 159-30 (c) (1), (2), - (3),  before investments are made; and  (4), (5), and (8) as listed below: NCGS 153-30 Investment of Idle Funds  (c) Moneys may be invested in the following classes of securities, and no others: (1) Obligations of the United States or obligations fully guaranteed both as to principal (2) Obligations oft the Federal Financing Bank, the Federal Farm Credit Bank, the Bank for Cooperatives, the Federal Intermediate Credit Bank, the Federal Land Banks, the Federal Home Loan Banks, the Federal Home Loan Mortgage Corporation, Fannie Mae, the Government National Mortgage Association, the Federal Housing Administration, the Farmers Home. Administration, the United States Postal Service. (4) Bonds and notes of any North Carolina local government or public authority, subject (5) Savings certificates issued by any savings and loan association organized under the laws of the State of North Carolina or by any federal savings and loan association having its principal office in North Carolina; provided that any principal amount of such certificate in excess oft the amount insured by the federal government or any  and interest by the United States.  (3) Obligations of the State of North Carolina. tos such restrictions as the secretary may impose.    agency thereof, or by a mutual deposit guaranty association authorized by the Commissioner of Banks of the Department of Commerce of the State of North (8) Participating shares in ar mutual fund for local government investment; provided that the investments of the fund are limited to those qualifying for investment under this subsection (c) and that said fund is certified by the Local Government Commission. The Local Government Commission shall have the authority to issue rules and regulations concerning the establishment and qualifications of any mutual fund for  Carolina, be fully collateralized.  local government investment.  This Resolution renders prior investment resolutions approved by the Village obsolete.  Adopted this gth Day of October, 2023. VILLAGE OF WESLEY CHAPEL Imhsplla Amandal Fuller, Mayor Attest:  OF Wesley Municipal Incorporated 1998 ors  A  Kathy&  Village Clerk  B  Casis    7d2  STATE of NORTH CAROLINA ) VILLAGE OF WESLEY CHAPEL )  )  R2023-10-09 #2  RESOLUTION  OFFICIAL BANK DEPOSITORY DESIGNATION  WHEREAS the' Village of Wesley Chapel Council desires that all public funds oft the Village of Wesley Chapel ("Village") be deposited in a secure, efficient and effective manner; WHEREAS it is the responsibility of the Finance Officer to supervise the receipt, custody WHEREAS the' Village acknowledges Truist Bank qualifies as an official depository pursuant NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE OF WESLEY CHAPEL Section 1. Truist Bank (hereafter the "Official Depository") is hereby designated as an official depository of the Village of Wesley Chapel, and the Village's Finance Officer is authorized and directed to transfer and deposit funds of the Village into the Official Section 2. Authorized Signers shall include the Mayor, Mayor Pro Tem and the Finance Section 3. All checks, drafts or orders drawn against Village funds shall be authorized by signature of one of the designated. Authorized Signers, except for checks in excess of $500 Section 4. The Clerk shall certify the names and signatures of the Authorized Signers to the Official Depository via Village letterhead initially and when changes occur in named Section 5. By receipt of this Resolution, the Official Depository is instructed and affirms: 1) all checks payable to the' Village shall be deposited into a Village account, 2) checks payable to the Village shall not be converted to cash, except for checks made payable to the Village for petty cash not to exceed $50, and 3) that all accounts, deposits and/or certificate of deposits purchased are in compliance  and disbursement oft the Village's public funds; to NCGS 159-31- Selection of Depository; and  COUNCIL THAT:  Depository in the name of the Village of Wesley Chapel.  Officer.  which shall require two signatures.  Authorized Signers.  with NC collateralization requirements.    Section 6. The Finance Officer is authorized to execute other forms and documentation with provisions consistent with this resolution as may be required to establish accounts and  to also provide a copy of this Resolution to the Official Depository.  Adopted this gth Day of October, 2023. VILLAGE OF WESLEY CHAPEL  Amanda Fuller, Mayor  Aillage  Attest  Kathy Queen, Village Clerk Be  3  IAp Carolina  (    7d3  STATE of NORTH CAROLINA ) VILLAGE OF WESLEY CHAPEL )  /  R2023-10-09 #3  RESOLUTION  AUTHORIZATION OF ELECTRONIC TRANSACTIONS  WHEREAS iti is the desire oft the Council oft the Village of Wesley Chapel to authorized to engage in WHEREAS it is the responsibility of the Finance Officer, who is appointed by and serves at the pleasure of the Village of Wesley Chapel, to adopt a written policy outlining procedures for pre- auditing obligations that will be incurred by electronic payments as required by NC Administrative WHEREAS it is the responsibility of the Finance Officer, who is appointed by and serves at the pleasure of the' Village of Wesley Chapel, to adopt a written policy outlining procedures for disbursing public funds by electronic transaction as required by NC Administrative Code 20 NCAC 03 .0410; NOW, THEREFORE, BE IT. RESOLVED BY THE VILLAGE OF WESLEY CHAPEL COUNCIL Section 1. Authorizes the Village of Wesley Chapel to engage in electronic payments as defined by Section 2. Council to adopt a written policy outlining procedures for pre-auditing obligations that will bei incurred by electronic payments as required by NC Administrative Code 20 NCAC 03 .0409; Section 3. Authorizes thel Finance Officer to adopt a written policy outlining procedures for disbursing public funds by electronic transaction as required by NC Administrative Code 20 NCAC 03. .0410;  electronic payments as defined by NCGS 159-28;  Code 20 NCAC 03. .0409.;  and THAT: NCGS 159-28;  Adopted this gth Day of October, 2023. VILLAGE OF WESLEY CHAPEL Onndkslu  Wesley Municipal Seal'% Incorporated 1998 Horth Canis!  Amanda Fuller, Mayor Attest  batkbs Kathy Queen, Village Clerk    8b2  COPY  Village of Wesley Chapel  October 10, 2023  Mr. Sean Epperson, PE Deputy Division Engineer NCDOT Division 10 716 West Main! Street Albemarle, NC 28001 Dear Mr. Epperson:  RE: Cuthbertson and New Town Roads Intersection Improvement CRTPO Application Local Match The Village of Wesley Chapel is pleased for the opportunity to partner with NCDOT and Union County to apply for funding through CRTPO to make critically important improvements to the intersection of Cuthbertson and New Town Roads. Previously, the Village Council passed a resolution at its August 14, 2023 meetingt to commit ani initial $75,000oflocalf funds asa aj partial match tol bringt the combined matching funds from NCDOT, Union County, and the Village of Wesley Chapel to 20% of the project budget. Following the receipt of a supplemental request and commitment from your office to match additional local funds to help to make the application more competitive, the Village Council, at its October 9, 2023 meeting, approved the commitment of an additional $225,000 in' Village funds fort this project. This brings the total commitment from the Village of Wesley Chapel to $300,000.. A resolution to that effect with the appropriate language necessary to release the supplementary NCDOT match will be introduced to the  Commitment-suppemena. Funding  Village Council fora adoption upon your request.  Sincerely,  Dwanhk full Amanda Fuller, Mayor Village of Wesley Chapel  6490 Weddington Road * Wesley Chapel, NC * 704-839-0182    FILED UNION COUNTY, NC CRYSTAL D. GILLIARD REGISTER OF DEEDS  FILED AT BOOK START PAGE END PAGE INSTRUMENT # 25147 EXCISE TAX (None) SWC Ordinance 02023-10-09#14  Oct17,2023 11:12 am 08797 0758 0758  STATE OF NORTH CAROLINA VILLAGE OF WESLEY CHAPEL  AMENDED ORDINANCE - $155.093-Section (A)only. $155.093 PRIVATE ROADS; GATED RESIDENTIAL DEVELOPMENTS.  (A) Private roads in non-gated subdivisions. Subdivision roads that are not built to NCDOT design standards and will not be maintained by NCDOT may be built as privately maintained roads. Such roads, with the exception ofthose that arel located in gated residential developments, shall be publicly dedicated and available for public usage. All private roads shall be built to, or exceed, minimum NCDOT design Section (B) "Gated residential development" Items 1 through 8 shall remain as previously adopted.  standards for subdivision roads.  Adopted this gth day of October. VILLAGE OF WESLEY CHAPEL Arenk halluc Amanda Fuller, Mayor ks  Wesley Sa Municipal Incorporated Morth Casie!  1998  Clerk  VAlg Wy  Aapulay  Kd 08104  hillB; 5H4D  Wsly      FILED UNION COUNTY, NC CRYSTAL D. GILLIARD REGISTER OF DEEDS  FILED AT BOOK START PAGE END PAGE INSTRUMENT; # 25148 EXCISE TAX (None) SWC Ordinance 02023-10-09#15  Oct1 17,2023 11:12am 08797 0759 0760  STATE OFI NORTH CAROLINA VILLAGE OF WESLEY CHAPEL AMENDED ORDINANCE  $155.084 IMPROVEMENTS WITHIN VILLAGE LIMITS.  (A)Approval oft thet final plat shall be subject tot the: subdivider having installed the improvements hereinafter designated or having guaranteed, to the satisfaction of the Village Council, the (B) The following requirements shall apply to all streets within the corporate village limits or if annexation of the subdivision to the village is desired or required by the subdivider. (1) Grading. All streets shall be graded to their full right-of-way width. Finished grade, cross- section and profile shall be approved by the state's DOT standards as established herein. (2) Paving. Road base and paving shall be installed in accordance with the state's DOT (3) Sidewalks. For all major subdivisions, sidewalks are required along both sides of all residential streets and along any portion of property having an entrance along a major thoroughfare, minor thoroughfare or collector street, as designated by the village's zoning map or adopted transportation plan. Sidewalks must be a minimum of five feet wide with four-inch depth concrete with a tamped base. Sidewalks shall be installed behind a grassed plantingstrip consistent with the street tree Pantngrequremensorns Ordinanceand may be located within the dedicated street right-of-way or within a dedicated sidewalk and pedestrian access easement. Installation requirements set forth in S 155.053of this chapter shall apply. All sidewalks shall be maintained by a Property Owners Association or similarly  installation and maintenance of said improvements.  standards as established herein.  responsible private party, unless accepted by NCDOT for maintenance.  Apa by  a  S  Ord. 2023-10-09 #15 Page 1  CTARNV    (4) Curbs and gutters. For all major subdivisions, curbs and gutters are required along both sides of all residential streets. In all cases curb and gutter shall be constructed in accordance  with DOT: standards. Adopted this gth day of October. VILLAGE OF WESLEY CHAPEL ekAllE Amanda Fuller, Mayor Ahe  of Wesley Municipal Incorporated 1998 Morhs Canis!  Kathy  Village Clerk  Sa  Ord. 2023-10-09#15 Page 2    FILED UNION COUNTY, NC CRYSTAL D. GILLIARD REGISTER OF DEEDS  FILED AT BOOK START PAGE END PAGE INSTRUMENT # 25149 EXCISE TAX (None) SWC Ordinance 02023-10-09#16  Oct1 17, 2023 11:12 am 08797 0761 0762  STATE OF NORTH CAROLINA VILLAGE OF WESLEY CHAPEL AMENDED ORDINANCE $155.074 LOT DIMENSIONS.  (A) All lots in new subdivisions shall conform to the Village's zoning requirements of the district in which the subdivision is located, conformance to zoning requirements means, among other things, that the smallest lot in the subdivision must meet all area and dimensional requirements of Ch. 156 of this Code of Ordinances, unless al larger minimum lot size is required (B) All lots created under the provisions of this Ordinance through a procedure other than a Major Subdivision process, created through a subdivision that is exempt under NCGS 160D- 802(a), or created under the provisions of NCGS 160D-802(c), shall be required to have a minimum lot aread of3 acres and: aminimum lot width of300f feet as measured at the front setback when located within the R-80, R-60, R-40, RA-40, R-20, and RA-20 districts. (C) Side lot lines shall be substantially: at right angles or radial to street lines. Double frontage lots shall be avoided wherever possible, unless authorized by the Village Council. (D) All minimum lot dimensions shall be increased in order to comply with applicable requirements of the county's Health Department. (Ord. passed 8-21-2000, $404)  by subsection (B), below.  $155.092 LOTS TO ABUT Al PUBLIC STREET.  Except for lots specifically: approved to being accessed on private roads as provided in S 155.093 oft this chapter, each lot shall have frontage on a public street with the following exceptions: (A) Existing lots meeting the requirements set forth in $ 156.128 of this code of ordinances; (B) Proposed lots for use by one-family detached dwellings and which do not have frontage ona  public street may be approved after making the following findings:  Bupued 4y: Villgt Plely MTo: 6490  Ord. 2023-10-09#16 Page 1  EN  Disley ChoplCsBloy    (1) Such loti is a minimum of three (3) acres in size; and  (2) Such loti is provided with access to aj public street by means ofa an easement at least 201 feet in width for the exclusive use of the dwelling to be established on such lot, or a pre-existing private drive or easement at least 20 feet in width providing the sole means of access to no more than two pre-existing lots. Use ofa a pre-existing easement or private drive shall require signed permission noted on the recorded subdivision plat by all property owners on whose lots the easement traverses and all ommRA-S of the easement; (3) Creation of such lot is made necessary by virtue of the fact that development of said property by conventional means (i.e., extension of public street) is impractical due to disproportionate costs of required improvements as compared to the relative value of lots (4) Creation of such lots does not unduly restrict or impair future development or extension (C) Proposed lots which have frontage on private streets built to NCDOT standards within a gated  and  created; and  of an adequate system of public streets within the immediate area. residential development as provided for in $ 155.093 of this chapter.  Adopted this gth day of October. VILLAGE OF WESLEY CHAPEL Aranl fil Amanda Fuller, Mayor BBE  / %  of Wesley Municipal Seal" Incorporated 1998 Mborh Canis!  KathyQ  Clerk  Ord. 2023-10-09#16 Page 2    /0a2  Budget Amendment Worksheet  Budget to Budget Revenue to Budget  BA #003  Approved CM: Sub In  October 9,2023  GLCode Description  Purpose Toi fund replacement of Toi fund replacement of  In 5764.16  Sub Out OUT Approval  2410-10 Pond Repair/Maint broken Pond Pump 2425-05 Park Master Plan broken Pond Pump  5764.16  0  10-09-23    lla  CivicPlus 302 South 4th St. Suite 500 Manhattan, KS 66502 US Client:  Statement of Work Q-40831-1 3/31/2023 10:45. AM 10/31/2023  Quote #: Date: Expires On: Bill To:  WESLEY CHAPEL, NORTH CAROLINA  WESLEY CHAPEL, NORTH CAROLINA  SALESPERSON Krystal Hays  Phone  EMAIL Khnays@chicplus.com DESCRIPTION  DELIVERY METHOD  PAYMENT METHOD Net30  QTY PRODUCT NAME 1.00 Republication  PRODUCT TOTAL TYPE One-time  Republication (per page) Land Use updated through 9-22; update Ord 22-17 and 22-19 is $266 Rate $20 per page with land use Online Code Hosting Printed Copies and Freight Included Municode Tabs  USD: 266.00 USD0.00  1.00 Full-Service Supplementation Per Full-Service Supplementation Per Page One-time  Page Rate 1.00 Online Code Hosting 3.00 Printed Copies and Freight Included - upi to [#) copies 3.00 Municode Tabs  Renewable USD500.00 Renewable USD0.00 One-time USD 766.00 USD5 500.00 12Months  USD C 0.00  Total Investment- - Initial Term Annual Recurring Services Year 2 Initial Term & Renewal Date Initial Term & Renewal Date Initial Term Invoice Schedule  100% invoiced four months from signing. Additional fees will be invoiced seperately upon completion ofi implementation.  Renewal Procedure Renewal Invoice Schedule Annual Uplift  Automatic 1 year renewal term, unless 60 days notice provided prior to renewal date Annually on Renewal Date 5% starting in Year 3  V.PD06.012015-0048 Page1of3    This Statement of Work ("SOW") shall be subject to thet terms and conditions of the CivicPlus Master Services Agreement and the applicable Solution and Services terms and conditions located at tps/wwacwipushelpheenasplega- stuff (collectively, the' "Binding Terms"), By signing this SOW, Client expressly agrees to thet terms and conditions of the  Binding Terms throughout the term of this SOW.  V.PD06012015-0048 Page 2of3    Acceptance  The undersigned has read and agrees to the following Binding Terms, which are incorporated into this SOW, and have caused this SOW1 to be executed as of the date signed by the Customer which will be the Effective Date:  Authorized Client Signature  CivicPlus By: Name: Titie: Date:  By: Name Title: Date:  Amprdh Filler Maypr 1009-a3  Organization Legal Name: Billing Contàct: EAHfucn, -104 - 839-0182 Billing Phone Number: Billing Email: Billing Address:  Vilase 041 WisleChepel  OncOPCur  of Wesley & Municipai Seal f% Incorporated 1998 Orh Camis!  ewgawdN.a  6446 Waddengton Rd Wisly Chopel NC Mailing Address: (If different from above)  28104f  POI Number: (Info needed on Invoice (PO or, Job#) if required)  V.PD08.012015-0048 Page 3of3    CivicPlus 302 South 4th St. Suite 500 Manhattan, KS6 66502 US Client:  Statement of Work Q-51289-1 9/28/2023 12:30P PM 12/27/2023  Quote #: Date: Expires On: Bill To:  WESLEY CHAPEL, NORTH CAROLINA  WESLEY CHAPEL, NORTH CAROLINA  SALESPERSON Christopher Rogers QTY PRODUCT NAME  Phone  EMAIL crogers@cligplus.com DESCRIPTION  DELIVERY METHOD  PAYMENT METHOD Net 30 PRODUCT TYPE Renewable One-time  1.00 Premium Web Open Subscription Premium Web Open Subscription  1.00 Premium Implementation 1.00 M3: Integratable Meetings Management Migrationa and Server Configuration  Premium Design, 150 pages migration, free virtual training One-time Server configuration and up to 5 years of meetings document (agendas, agenda packets, minutes) migrated into the site's meetings directory which is integratable with CivicPlus's meetings management software.  sessions  LstPace-Yer1-Talal Total Investment Initial Term Annual Recurring Services - Year 2 Annual Recurring Services - Year 3 Initial Term & Renewal Date Initial Term Invoice Schedule  USD5,510.00 USD 4,645.00 USD 3,984.75 USD 4,183.99 12 Months  100% Invoiced upon Signature Date Automatic 1 year renewal term, unless 60 days notice provided prior to renewal date Annually on date of signing 5% starting in Year 2  Renewal Procedure Renewal Invoice Schedule Annual Uplift  This Statement ofWork ("SOW") shall be subject to the terms and conditions of the CivicPlus Master Services. Agreement and the applicable Solution and Services terms and conditions located at MtPS/Nnw/cMEpusnephpen.usplea-  V.PD06.01.2015.048 Page1of3    stuff (collectively, the' "Binding Terms"), By signing this SOW, Client expressly agrees to the terms and conditions of the  Binding Terms throughout the term of this SOW.  V.PD06.01.2015-0048 Page2of3    Acceptance  The undersigned has read and agrees tot thei following Binding Terms, which are incorporated into this SOW, and have caused this SOWto be executed as oft the date signed by the Customer which will be the Effective Date:  Authorized Client Signature Amukiler maypr /09a3  CivicPlus By: Name: Title: Date:  Sy: Name: Title: Date/,  k  Organization Legal Name: ZHAs hoene Dfcer 2YB012x2 Billing Phone Number: Billing Email: Billing Address:  Title:  Of Wesley Municipal Seal8 incorporated 1998 dorth Canils!  AhtewghyLn. .com b40Hkiasglen Bd. Weslay ChapulnC2poy Mailing Address: (If different from above)  POI Number: (Info needed on Invoice (PO or. Job#) if required)  V.PD06.01.2015:0048 Page 3of3