Agenda 6A 1 Town Council Meeting - November 07, 2024 MILL RIVERI CALLTO ORDER APPROVAL OF AGENDA COUNCIL COMMENTS REGULAR. AGENDA tos sign it, Resolution 2024-12 Resolution 2024-13 ADJOURN Mayor Gonce Mayor Gonce A. Consideration of the Storm Debris site contract with Henderson County and authorize the Town Manager B. Consideration oft the PARTF grant agreement and authorize the Mayor to sign it and related documents, C. Discussion on next steps for Mills River Park expansion property Resolution No. 2024-12 TOWN OF MILLS RIVER COUNTY FOR: STORM DEBRIS MILL RIVERI RESOLUTION. AUTHORIZING AN AGREEMENT WITH HENDERSON WHEREAS, the Town of Mills River joined the Henderson County Debris Management Contract, which provides free curbside storm debris from Hurricane Helene removal to all Mills River residents. The county is working with a contractor to pick up all storm debris on DOT, municipal and private roads; and WHEREAS, both the Town of Mills River and Henderson County have a mutual interest in meeting the needs oft the residents oft the Town of Mills River and Henderson County, with the least expenditure of public funds; and WHEREAS, the Town of Mills River has vacant land available that currently is not in use; and WHEREAS, the Town of Mills River is entering into an agreement with Henderson County for the use of the Town of Mills River's real property for such purposes, pursuant to $160A-274. The Town of Mills River has the authority to enter into such agreement pursuant to $160A-461. NOWTHEREFORE, BE IT RESOLVED by the Mills River Town Council that the Town of Mills River ise entering into an agreement with Henderson County for the use of real property for ai temporary storm debris site. The Town Manager is authorized to execute the attached interlocal agreement with Henderson County for this service. ADOPTED this the 7th day of November, 2024 Shanon Gonce Mayor ATTEST By: a MILLS MILL8 PIVER 0 NE24. 2007 Patty Brown, CMC, NCCMC Deputy Town Clerk STAFF REPORT Title: Town Council, Thursday, November 7, 2024 Parksand Recreation Trust Fund (PARTF) Grant Contract Council will consider the contract for the Parks and Recreation Trust Fund Award. Speaker: From: Background Nicole Sweat, CPRP, Parks and Recreation Director Nicole Sweat, CPRP, Parks and Recreation Director On August 23, 2024 the North Carolina Parks and Recreation Authority approved a $500,000 grant funding request from the Town of Mills River for the Mills River Park Expansion project. This grant award will help offset funds spent acquiring the) property for the expansion of Mills River Park. This grant opportunity was possible through a waiver of retroactivity received by the Town prior toj purchase oft the property. Discussion The Town has already met the match required for the Parks and Recreation Trust Fund Grant upon purchasing thej property. To meet the contract requirements, the Town will need to complete an appraisal, submit thel land purchasing documentation to the NC Division of Parks and Recreation, and place a clause in the deed dedicating the property for recreation use before the funds will be reimbursed. Fiscal Impact Since the Town has already met the match required for the Parks and Recreation Trust Fund Grant upon purchasing the property. All elements listed in the plan are for future development, and the Town's only financial commitment is to begin development oft the property within 5 years. Recommendation Staff recommends that Town Council directs the Mayor to sign the PARTF Grant Contract and the amended deed dedicating the property for recreation use. Attachments A. PARTF Grant Contract B. Copy ofWaiver of Retro Activity :. Mills River Park Expansion Site Plan D. Modified Deed N.C. Parks and Recreation Trust Fund Project Agreement for Local Government Grants STATE OF NORTH CAROLINA COUNTY OF WAKE GRANTEE'S FEDERAL TAXI I.D.# 86-1075658 N.C.F Parks and Recreation' Trust Fund Project Agreement for Local Government Grants Grantee: Town of Mills River Grantee. Address and Contact Information: Nicole Sweat, Parks & Recreation Director, 1247 Town Center Drive, Mills River, NC: 28759-5507 828-890-2901 toeswetemisrvercrs Grantee Fiscal Year End Date: June 30 Grant Award Date: August 23, 2024 Project Number: 2024-1094 Project Title: Mills River Park Expansion Period Covered by This Agreement: 11/1/20241 through 10/31/2027 Project Scope (Description of Project): Acquire 69.21 +/-a acres Project Costs: Grant Award Amount: Local Government Match: $500,000 $6,450,000 The North Carolina Department of Natural and Cultural Resources (hereinafter called the Department") and the Town of Mills River (hereinafter referred to as "Grantee") do hereby enter into this project agreement (the "Agreement"), effective as oft the date of thel last signature tot this Agreement (the "Effective Date"), fort thep purpose ofp providing grant funding to the Grantee for public recreation purposes via either land acquisition, the construction of new public recreation facilities, or repair, renovation, improvement, or adaptation of existing public recreation facilities in North Carolina. The Parties agree to comply with the terms, requirements, promises, conditions, plans, specifications, estimates, procedures, project proposals, maps, anda assurances described int thel North Carolinal Parks and Recreation Trust Fund ("PARTF") statute (N.C.G.S. 143B-135.56) and administrative rules (07 NCAC 13K), and thel PARTF grant application andg grant manual, which arel herebyi incorporated by reference! intot this Agreement: and which are oni file with thel North Carolina Division of Parks and Recreation. Now, therefore, the parties hereto do mutually agree asi follows: Upon execution of this Agreement, the Department hereby promises, in consideration of the promises by the Grantee herein, to provide to the Grantee the grant amount shown above. The Grantee hereby promises to efficiently and effectively manage the funds in accordance with the approved budget, to promptly complete grant assisted activities described above in a diligent and professional manner within the project period, and to monitor and report work performance. Sectionl I. Eligible Project Costs, Fiscal Management, and Recordkeeping 1. The grant amount must be matched on the basis of atl least one dollar of funding provided by the Grantee for PARTF Contract 2024-1094 Page1of11 N.C. Parks and Recreation' Trust Fund Project Agreement for Local Government Grants every one dollar of funding provided by the State. To be eligible, project costs must be incurred during the period covered by this Agreement, be documented in the grant application, described ini the project scope of this Agreement, and initiated and/or undertaken after execution of this Agreement by the Grantee and the Department. The Department shall only pay or reimburse the Grantee for reasonable, eligible costs actually incurred byt the Grantee that do not exceed the grant award amount for the Project outlined on page 1 ofthis 2. PARTF assistance for land acquisition willl be based on the fairi market value ofr real property or the: sales price, whichever is less. The value must be based upon an independent appraisal by a licensed appraiser holdinga general or residential certification from thel North Carolina Appraisal Board. Thel Department shall review the appraisal as to content and valuation. Approval of appraised amounts rests with thel Department. The Grantee agrees to begin development on PARTF acquired land within five (5) years of the Effective Date of this 3. Payment shall be made in accordance with this Agreement, the Scope of Work (Attachment B), and PARTF statutes and rules. Payment for work performed will be made upon receipt and approval of invoice(s) from the Grantee documenting the costsi incurred in they performance of work under this Agreement. Invoices may be submitted to the Contract Administrator quarterly. Final invoices, including accounting records that document alle expenditures andi request for reimbursement, must be received byt thel Department for approval prior to or att the time oft the close-out inspection. Accounting records should be based on generally accepted localg government accounting standards and principles. All accounting records and supporting documents will 4. Records created or obtained under this Agreement shall not be destroyed, purged or disposed of without the express written consent of the Department. State basic records retention policy requires all grant records to ber retained fora ai minimum off five (5) years or until alla audite exceptions have! been resolved, whichever isl longer. Also, if any litigation, claim, negotiation, audit, disallowance action, or other action involving this Agreement has been started before expiration of the five-year retention period described above, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the 5. The State Auditor and the Department's internal auditors shall have access to persons and records as a result of all contracts and grants entered into by state agencies and or political subdivisions in accordance with General Statute 147-64.7. Additionally, as the State funding authority, the Department shall have access to persons andi records as aresult of all contracts or grants entered intol bys State agencies orp polticalsubdivisions. The Grantee agrees tor refund tot the Department, subsequent to an audit oft the project's financial records, any costs disallowed or required to be refunded tot the Department on account of audit exceptions. The Grantee agrees that any unused State-awardedi funds remaining after the completion of the project or termination of this Agreement shall revert backt toi the Department to be deposited into PARTF for distribution byt the PARTF 7. Thel Parties agree and understand that they payment oft thes sums specified int this Agreement is dependent and contingent upon ands subject tot the appropriation, allocation, and availability of funds for this purpose to the Agreement. Agreement in order to allow general public access and use. clearly show the Project Number and Project Title to which they are applicable. regular five-year period described above, whichever is later. Authority. Department. Section II. Project Execution 1. The Grantee may not deviate from the Scope of Work outlined in Attachment B without the prior written approval of thel Department. When the Grantee: seeks to change an element oft the project, including, but not limited to, the project scope, a revised estimate of costs, a deletion or additions of project deliverables, or an PARTF Contract 2024-1094 Page2of11 N.C. Parks and Recreation Trust Fund Project Agreement for Local Government Grants extension of the Agreement period, the Grantee must submit in writing a request to the Department for 2. The Grantee agrees to permit periodic audits ands sitei inspections byt the! Department to ensure work progress ina accordance with the approved project, including a required close-out inspection upon project completion. After project completion, the Grantee agrees to conduct compliance inspections at least once every five (5) 3. The Grantee shall not subgrant any of the work contemplated under this Agreement without prior written approval from the Department. The Department shall not be obligated toy payf for any work performed by any unapproved: subgrantee or subrecipient. The Grantee or subrecipient is not relieved of any of the duties and responsibilities of this Agreement. Furthermore, any subrecipient must agree to abide by the standards contained in this Agreement and to provide all information to allow the Grantee to comply with these 4. The Grantee: shall be whollyr responsible fort thev work tol be performed: andf for thes supervision ofi its employees. The Grantee represents that itl has, or will secure: ati its own expense, all personnel required inj performing the services under this Agreement. Such employees shall not be employees of or have anyi individual contractual approval. years and tos submit al Department-provided. inspection report tot the Department. standards. relationship with thel Department. 5. Int the event the Grantee subcontracts for any or all oft the services covered byt this Agreement: a. The Grantee is not relieved of any of the duties andi responsibilities provided int this Agreement; b. The Grantee's contract with the subcontractor must provide that the subcontractor agrees to abide! by thes standards contained in this Agreement ort top provide suchi information ast to allow the TheG Grantee'scontract: witht thes subcontractor must provide thatt thes subcontractor agrees to allow state and federal authorized representatives access to any records pertinent to its role as a Grantee to comply witht these standards; and subcontractor. 6. The Grantee agrees to complywith: all applicable reporting requirements forg grant recipients at the designated reporting level as outlined in 09 NCAC 03M .0205, including providing a certification that State financial 7. The Grantee agrees land acquired with PARTF assistance shall be dedicated in perpetuity as a recreation site for the use and benefit of the public, the dedication will be recorded in the deed of said property and the property may not be converted to other than public recreation use without the prior written approval of the Department. The Grantee agrees to maintain andi manage PARTF-assisted developmenv/renovation projects for publicr recreation use for a minimum period of twenty-five (25) years after project completion. 8. The Grantee agrees to operate and maintain the project site so as to appear attractive and inviting to the public, kept in reasonably safe repair and condition, and open for publici use at reasonable hours and times of assistance received was used fori the purposes for whichi ity was awarded. they year, according tot the type of facility and area. 9. The Grantee agrees to place utilityl lines developed with PARTF assistance underground. 10. The Grantee shall, int the landscaping of all PARTF-funded projects, only use seeds and plants classified by the U.S. Department of Agriculture as native toi the Southeastern United States, including cultivars and varieties thereof that were not bred to have reduced reproductive structures, with a strong preference for plants the U.S. Department of Agriculture has classified as native to North Carolina. The "Southeastern United States" shall be defined as thes states of Alabama, Georgia, North Carolina, South Carolina, Tennessee, Virginia, andt the following counties in Florida: Bay Calhoun, Escambia, Gulf, Holmes, Jackson, Okaloosa, Santa Rosa, Walton, and Washington. Thet following non-native plants shall be exempted from this requirement: a. Non-native plants incorporated as part ofal PARTF-funded project that are already existing at the time that the grant is approved; PARTF Contract 2024-1094 Page 3of11 N.C. Parks and Recreation Trust Fund Project Agreement for Local Government Grants b. Non-native turf grass; and crop cultivation; scientifici research; ii. botanical or historical gardens; or iii. plantings for wildlife. Non-native seeds and plants where they primary purpose is: d. Ift the project sitei is rendered unusable for any reason whatsoever, the Grantee agrees toi immediately notify the Department of said conditions and to make repairs, at its own expense, in order to restore use and enjoyment oft thep project byt thep public. Section III. Project Termination and Applicant Eligibility 1. The Grantee may unilaterally rescind this Agreement at anyt time prior toi thee expenditure oft funds byt the State ont the project described int this Agreement by providing written notice tot thel Department. 2. Termination by Mutual Consent: Thel Parties may terminate this Agreement byr mutual consent with sixty (60) days' written noticet tot the other Party, or as otherwise provided by law. Ifthe Agreement ist terminated by the Department as provided herein, the Grantee shall be paid for services satisfactorily completed, less payment or compensation previously made. Unexpended funds held by the Grantee shall revert to the PARTF upon 3. Termination for Cause: If, through any cause, the Grantee shall fail to fulfill its obligations under this Agreement in a timely and proper manner, the Department shall have the right to terminate this Agreement by giving written notice to the Grantee and: specifying the effective date thereof. Unexpended funds held by the Grantee shall revert tot the PARTF upont termination oft this Agreement. Ift the Agreement is terminated by the Department as provided herein, the Grantee shall be entitled to receivej just and equitable compensation fora anys satisfactory work completed ons such materials, minus any payment or compensation previously made. Notwithstanding the foregoing provision, the Grantee shall not be relieved of liability to the Department for damages sustained by the Department by virtue of the Grantee's breach of this Agreement, and the Department may' withhold any payment due the Grantee fori the purpose of setoff untils such time ast the exact In addition, in the event of default by the Grantee under this Agreement, the State may immediately cease doing business with the Grantee, immediately terminate for cause all existing contracts the! Statel has with the Upon the Grantee filing a petition for bankruptcy or the entering ofaj judgment of bankruptcy by ora against the Grantee, the State mayi immediately terminate, for cause, this Agreement and all other existing contracts the 4. Failure byt the Granteei to comply with the provisions and conditions set forthi int thei formal application, PARTF administrative rules, and this Agreement may result in the Department declaring the Grantee ineligible for further participation int future PARTF-funded, grant cycles, in addition to any other remedies provided by law, Waiver by the Department of any default or breach in compliance with the terms of this Agreement by the Grantee shall not be deemed a waiver of any subsequent default or breach and shall not be construed to be modification of the terms of this Agreement unless stated to be such in writing, signed by an authorized Neither party shall be deemed tol bei in default ofi its obligations hereunder ifands sol long: asi itis prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil termination oft this Agreement. amount of damages due the Department from: such breach can be determined. Grantee, and de-bar the Grantee from doing futurel business with the State. Grantee has witht the State, and de- -bar the Grantee from doing future business. until such time as compliance has been obtained to the satisfaction of thel Department. representative of the Department andi the Grantee and attached tot the Agreement. PARTF Contract 2024-1094 Page 4of11 N.C. Parks and Recreation Trust Fund Project Agreement for Local Government Grants insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. Section IV. Generall Terms 1. This Agreement is subject tot ther reportingrequirements described int the Notice of Certain Reporting and Audit 2. The Grantee must ensure that grant funds dispersed under this Agreement are audited in compliance with State and federal audit requirements for local governments and public authorities, institutions of higher education, and nonprofit organizations, and, as applicable, according to the standards of the federal Single Audit Act and Circular A-133 "Audits of States, Local Governments, and Nonprofit Organizations" as supplied by the Executive Office oft the President, Office of Management and Budget, Washington, DC. 3. No assignment of the Grantee's obligations or the Grantee's right to receive payment hereunder shall be permitted. However, upon written request approved by the Department, the Department may: Requirements (Attachment A). a. Forward the Grantee's payment check(s) directly to any person or entity designated by the b. Include any person or entity designated by Grantee as a joint payee on the Grantee's payment check(s). Inr no events shalls sucha approval anda action obligate thel Department toa anyone other than the Grantee and the Grantee: shallr remain responsible for fulfillment of all Agreement obligations. Grantee, or 4. Except as otherwise provided herein, this Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors. Itis expressly understood: anda agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Department and the named Grantee. Nothing contained int this document shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the Department and Grantee that any such person ore entity, other than the Department ort the Grantee, receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. 5. Toi the extent allowed by law, the Grantee shall hold and save the State, its officers, agents, and employees, harmless from liability of any kind, including all claims and losses accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm, or corporation thatr may be injured or damaged byt the Granteel int thep performance oft this Agreement: and 6. All notices permitted or required tol be given by one party to the other and all questions about the Agreement from one party tot the other shall be addressed and delivered tot the other party's Contract Administrator. The name, post office address, street address, telephone number, faxi number, and email address of the Parties' respective initial Contract Administrators are set out below. Either party may change the post office address, streeta address, telephone number, faxr number, ore email address ofi its Contract Administrator bys giving written notice tot the other party within thirty (30) calendar days ofs such change. The Grantee shall not substitute key personnel assigned to the performance of this Agreement, as outlined below, without prior written approval that are attributable tot the negligence ori intentionally tortious acts of the Grantee. byt thel Department's Contract Administrator. PARTF Contract 2024-1094 Page 5of11 N.C. Parks and Recreation Trust Fund Project Agreement for Local Government Grants Department Contract Administrator NCI Department of Natural and Cultural Resources Division of Parks and Recreation Attention: Ms. Vonda Martin, Manager of Grants and Outreach 16151 Mail Service Center Raleigh, NC 27699-1615 Telephone 919-707-93338 Email: VoncaMlarinencgarssoy Grantee Contract Administrator Nicole Sweat Parks & Recreation Director 124Town Center Drive Mills River, NC 28759-5507 828-890-2901 toleswestenlirvercrs 7. The Grantee agrees to comply with all applicable federal, state and local laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to this Agreement and the conduct of its normal operations, including, but notl limited to, purchasing, construction, land acquisition, fiscal management, equal 8. The Grantee shall comply with all federal and State laws relating to equal employment opportunity. The Grantee shall take affirmative action in complying with all Federal and State requirements concerning fair employment and employment of people with disabilities and concerning the treatment of all employees without regard to discrimination byr reason of race, color, religion, sex, national origin, or disability. 9. In accordance with Executive Order 24 (signed October 18, 2017), the Grantee agrees not to discriminate against any person ont the! basis of race, color, ethnicity, national origin, age, disability, sex, pregnancy, religion, National Guard or veteran status, sexual orientation, gender identity or expression ini the use of any property 10. Grantees shall have ont file with the Department: a copy of the Grantee's policy addressing conflicts ofi interest that may arisei involving the Grantee's management employees and the members of its governing body as set forth in N.C.G.S. S 143C-6-23(b). The policy shall address situations in which any of these individuals may directly or indirectly benefit, except as the Grantee's employees or members of its board or other governing body, from the Grantee's disbursing of state funds and local matching funds and shall include actions to be taken byt the Grantee ort thei individual, or botht toa avoid conflicts ofi interest andt the appearance ofi impropriety. The policys shall bet filed! before thel Department may disbursei the grant funds, unless the Grantee is covered by the provisions of N.C.G.S. 160A479.1lamdfor14234. NC651C623D201: Grantee shall ata all times employment opportunity, accessibility, and the environment. orf facility acquired or developed pursuant toi this Agreement. comply with the Grantee's conflict ofi interest policy. 11. The Grantee certifies thati it: a. Has neither usedi nor will use any appropriated funds for payment tol lobbyists; b. Will disclose the name, address, payment details, and purposes of any agreement with lobbyists whom Grantee or its sub-tier contractor(s) or sub-grantee(s) will pay with profits or non- C. Will file quarterly updates about the use ofl lobbyists ifr material changes occur int their use. 12. Except as otherwise provided herein or unless superseded by applicable federal or State statute ofl limitations, all promises, indemnifications, requirements, terms conditions, provisions, representations, guarantees, and warranties contained herein shall survive the Agreement expiration or termination date. 13. This Agreement may not be amended orally or by performance. Amendments shall be made in writing on a form prepared by the Department and duly executed by an authorized representative of the Department and 14. If any provisions of this Agreement are held to be invalid, illegal, or unenforceable, the remaining provisions appropriated funds on or after December 22, 1989; and, the Grantee. PARTF Contract 2024-1094 Page 6of11 N.C. Parks and Recreation Trust Fund Project Agreement for Local Government Grants shall remain inf fullf force and effect. 15. If eligible, the Grantee and all subrecipients shall: (a) ask the North Carolina Department of Revenue for a refund ofa all sales and use taxes paid by them ini the performance of this Agreement, pursuant to N.CG.S.S 105-164.14; and (b) exclude all refundable sales and use taxes from all reportable expenditures before the 16. Travel expenses shall not be reimbursed in the performance of this Agreement. Ift travel is necessary ini the performance of this Agreement, its shall be included in the approved project budget andi narrative. 17. This Agreement and any documents incorporated specifically by reference represent the entire agreement between the Parties and supersede all prior oral or written statements or agreements. This Agreement and any addenda thereto, are incorporated herein by reference as though set forth verbatim. All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the Agreement expiration or termination date unless specifically provided otherwise herein, or expenses are entered in their reimbursement reports. unless superseded bya applicable Federal or State statutes ofl limitation. Section V. Attestation and Execution N.C.G.S. $133-32 and Executive Order 24 prohibit the offert to, or acceptance by, any State Employee of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of any response int this Agreement, you (Grantee): attest, fory your entire organization andi its employees or agents, that you are nota aware thata any suchg gifthas been offered, accepted, or promised by anye employees of your organization. In witness whereof, the Department and the Grantee have executed this Agreement in duplicate originals, one of which isi retained by each of thep parties. [REMAINDER OFT THISPAGE INTENTIONALLYI LEFT BLANK- -SIGNATURE PAGES FOLLOWS] PARTF Contract 2024-1094 Page7of11 N.C. Parks and Recreation' Trust Fund Project Agreement for Local Government Grants Name of Grantee (Local Government) Typed or Printed Name of Official Signature of Grantee (Chief Elected Official) Title of Official Date (Notary Public Completes) State of North Carolina Countyof On this as day of 20 personally appeared before me the said named in their capacity for Grantee, to me known and known to me to be the person described in and who executed the foregoing instrument, and he (or she) acknowledged that he (ors she) executed thes same andl being duly sworn by me, made oath that the: statements int thef foregoingi instrument: are true. My commission expires: 20 (Seal Here) Signature of Notary Public PARTF Contract 2024-1094 Page 8of11 N.C. Parks and Recreation Trust Fund Project Agreement for Local Government Grants North Carolina Department of Natural and Cultural Resources D. Reid Wilson, Secretary By: Director, NC Parks & Recreation Department Head or Authorized. Agent for Secretary Wilson Title Date PARTF Contract 2024-1094 Page 9of11 N.C. Parks and Recreation Trust Fund Project Agreement for Local Government Grants Attachment A Notice of Certain Reporting and Audit Requirements The Grantee shall comply with all rules and reporting requirements established by State statute or administrative There are three reporting levels established for grantees and subrecipients receiving State financial assistance. Reporting levels are based on the level of State financial assistance from all funding sources. The reporting levels (1)Level I- Ag grantee ors subrecipient that receives, holds, uses, ore expends Statet financial assistance in an (2) Level I A grantee ors subrecipient that receives, holds, uses, or expends Statet financial assistance in an amount of at least twenty-five thousand ($25,000) or greater, but less than five hundredi thousand dollars (3) Level III - A grantee or subrecipient that receives, holds, uses, ore expends State financial assistance in an amount equalt to or greater than fivel hundred thousand dollars ($500,000) within its fiscal year. Reporting requirements for grantees that meet thef following reporting standards on an annual basis: (1) All grantees and subrecipients shall provide a certification that State financial assistance received or, (2)A All grantees and: subrecipients shall provide an accounting of all Statei financial assistance received, held, (3) Levell Ila and IIIg grantees and: subrecipients shall report on activities and accomplishments undertaken by the Grantee, including reporting on any performance measures established in this Agreement. (4) Level IlI grantees ands subrecipients shall haveas single or program-specific: audit prepareda and completed ina accordance with Generally Accepted Government Auditing Standards, also known as the) Yellow Book. All reports shall be filed with the Department in the format and method specified byt the Department no later than three (3) months following thee end oft the Grantee's fiscaly year. Audits must be provided tot the Department nol later than nine (9) months following the end of the Grantee's fiscal year. The Grantee shall use the reporting package Unless prohibited by law, the costs of audits made in accordance with the provisions of this Agreement shall be allowable charges to State and Federal awards. The charges may! be considered a direct cost ora ana allocated! indirect cost, as determined in accordance with cost principles outlined in the Code of Federal Regulations, 2 CFR Part 200. The cost of any audit not conducted in accordance with this Agreement: shall not be charged to State awards. Notwithstanding the provisions of this Agreement, a grantee may satisfy the reporting requirements of this Agreement by submitting a copy of the report required under federal law with respect to the: same funds. rules. For convenience, the requirements are: set forthi int this Attachment. Reporting Thresholds. are: amount lesst thant twenty-five thousand dollars ($25,000) within its fiscal year. ($500,000) within its fiscal year. held was usedi fort the purposes for which it was awarded. used, or expended. forms provided by thel Department in making ands submitting reports to the Department. PARTF Contract 2024-1094 Page 10of11 N.C. Parks and Recreation Trust Fund Project Agreement for Local Government Grants Attachment B Scope of Work North Carolina Division of Parks and Recreation Parks and Recreation Trust Fund- - PARTF Grant Program for Local Governments Grantee: Town of Mills River Title of Project: Mills River Park Expansion Project Number: 2024-1094 Contract Number: 2024-1094 Amount of Grant: $500,000 Amount of Match: $6,450,000 Contact Person for Project: Nicole Sweat Title: Parks & Recreation Director Telephone: 828-890-2901 Address: 124 Town Center Drive, Mills River, NC28759-5507 Contact email address: niolsswatenlirvercrs Scope of Project: Acquire 69.21 +/-acres Length of Project: 11/1/2024 through 10/31/2027 Schedulet for Reimbursements: Grantee may submit bills quarterly after as significant portion of work has been completed on the project element(s). Not more than 90% of the grant willl be reimbursed until the grantee completes thep project elements specified int the grant (refert to detailed budget submitted with grant application). Thel Town of Mills River grant application ands support documentation: are, by reference, part of the Agreement. The administrative rules of thel N.C. Parks and Recreation Trust Fund are, by reference, a part oft the Agreement. PARTF Contract: 2024-1094 Page 11of11 DocuSign Envelope ID: 23783F30-0E43-41AC-B2C9-C459DOB98AE5 Division of Parks and Recreation NCI Department of Natural and Cultural Resources Governor Roy Cooper May 22, 2023 Daniel Cobb, Town Manager Town of Mills River 124 Town Center Dr. Mills River, NC: 28759 Dear Mr. Cobb: Secretary D. Reid Wilson On behalf oft the N.C. Parks and Recreation Authority, the Parks and Recreation Trust Fund (PARTF) office has approved the request from the Town of Mills River for a Waiver of Retroactivity to acquire the 70 acres The waiver approval in no way implies the Town's future PARTF grant applications will receive priority for approval. This action acknowledges the need to act quickly toi take advantage of the opportunity to acquire the land that is at risk of being sold. The waiver ensures the Town can apply for al PARTF grant although the land will have been purchased priori tot the application. The waiver is effective for 241 months as of May 22, Al PARTF application must bes submitted prior to the waiver expiration date. The Town's application needs to include an appraisal as described int the PARTF grant application. Only capital improvements that willl be used for public recreation can be included ini the appraised value of the property to ber reimbursed witha Iffunded, the PARTF restrictive clause must be included in the deed. In addition, all PARTF-assisted improvements must follow Americans with Disabilities Act requirements for accessibility. Ifyoul have any questions, please do not hesitate to contact me or Blake Covington, your regional fora aj public park. 2023, and will expire on May 21, 2025. PARTF grant. consultant. Sincerely, DocuSignedby: Vouda L Martiv 24BB1DC5F7604FE. Vonda L. Martin Manager, Grants and Outreach CC: Blake Covington, Recreation Resources Service Consultant Brian Strong, Acting Director NCI Division of Parks and Recreation 16151 MSC- Raleigh, NC27699-1615 919.707.9300/ /ncparks.gov NORTH CAROLINA STATE PARKS Naturally Wondenful MILLS RIVER PARK EXPANSION MASTER PLAN THE PROGRAM TRAILS Approximately 1.85 miles of paved trail 5Mile of Natural Surface trail Bike skills area and trails Regional Greenway Connection along Haywood Road PLAY Expanded Play and Splash Pad Nature Based Area PlayA Mini Disc Golf Course FITNESS AND SPORTS Fitness Zone 6Pickleball Courts 2Full Size Multi-purpose Batting Cage Sand Volleyball STRUCTURES Relocated Maintenance Multi-Purpose Pavilion 2restrooms 3shelters Recreation. Area forf future Building Reuse upon reloc Maintenance NATURE Expanded Community Gar Expanded River Access Stream Restoration Stormwater wetland education Expanded Birding and nature 3.5AC of Events Lawn andI Multi-Purpose Space ACCESS Relocated Main Entry, secondary entry and park road STREAM RESTORATION PROJECT MOWN SHELTER ADPITIONO OF IDENTIFICATION: BOXESE NATURE SIGNS RIVERACCESS RIVERA ACCESS. SSP ADDITIONAL PARKING MEADOW NATURAL AREA &BIRDING SHELTER BIKESKILLS AREA NATURE TARHWATERE PLAY/ SAND BALI EVENTLAWN BLPG. REUSE BAJTING AGE PLAY/ SPLASHPAD PICKLEBALL FITNESS GARDENS. MAINTENANCE PURPDSE FIELDS 00 PAVED MULTI-USETRAIL FUTURE RECREATIONAREA w/ BLDG. MILLS RIVER Parks $ Recreatien SageDesign APRIL 2024 DOG PARK Doc Stamps $ -0- Prepared By: Sharon B. Alexander Deedl Preparation Only Thisi instrument is prepared by Sharon B. Alexander, a licensed North Carolina Attorney. Delinquent taxes, ifany are to be paid by the closing attorney to the County Tax Collector upon disbursement of closing proceeds. STATE OF NORTH CAROLINA COUNTY OF HENDERSON SPECIAL WARRANTY DEED THIS DEED, made and entered intot this day ofNovember, 2024, by and between the Town ofMills River, North Carolina, one oft the municipalities oft the State ofl North Carolina, (herein referred to as the "party oft the first part" and having a mailing address of124' Town Center Drive, Mills River, NC: 28759) and Town ofMills River, North Carolina, one of the municipalities of the State ofl North Carolina (the "party of the second part" and having a mailing address of1 124 Town Center Drive; Mills River, NC: 28759); WITNESSETH: The said party ofthe first part, for and in consideration ofthes sum ofTenl Dollars ($10.00) and Other Valuable Consideration toi it in hand paid byt the said party oft the second part, the receipt of which isl hereby acknowledged, has bargained and sold, and! byt these presents does! bargain, sell, and conveyi in fees simple unto said partyofthes second part, his heirs and assigns, a certain tract or parcel of land lying and being in Henderson County, North Carolina, more particularly described as follows: Tract One BEING all that 34.14 acre tract depicted on plat of record at Plat Slide 11532 in the Office of the Register ofl Deeds for Henderson County, North Carolina, reference to whichi is hereby made for a THERE isl EXCLUDED and EXCEPTED from the above all of that property described as follows: point of beginning being N. 8 deg. 35 min. 32.8 sec. W. 81.374 feet from -L- Sta.4 46+00 thence toa point on a bearing ofN 87 deg. 41 min. 37 sec. W: 25.566 feet thence to ap point on a bearing ofS.81 deg. 47 min. 48.41 E32.505 feet thence alonga a curve 7.545 feet and havinga a radius of7935.000 feet, the chord ofsaid curve being on a bearing ofN 61 deg. 27 min. 25.0 sec. W,a distance of7.545 feet returning tot thep point andp place ofbeginning: andb beingt that property describedi ini instrument ofrecord in Book ofRecord 3689, Page 245i in the office ofthel Register ofI Deeds for Henderson County, North Therei isa also conveyed herewith that 201 footright-of-way. as described in deed ofrecord in) Deed) Book 382 atl Page 265 in the Office oft the Register ofDeeds for Henderson County, North Carolina. SUBJECT to that deed forl highway right-of-way yofrecord inl Book ofRecord: 3689 at] Page 245 int the more particular description. Carolina. Office oft thel Register of] Deeds, Henderson County, North Carolina. ALSO being all that real property described in deed of record in Book of] Record 4072 at page 89, Office oft the Register of] Deeds for Henderson County, North Carolina. Tract Two BEING all oft that 35.34 acre tract depicted on plat of record at] Plat Slide 10205 in the office oft the Register ofDeeds for Henderson County, North Carolina, reference to which plat is hereby made for ALSO: BEING all oft that real property described in deed ofrecordi inl Book ofF Record 4072, Page 76 in the office oft the Register of Deeds for Henderson County, North Carolina. This property was: acquired with State: financial assistance fromi thel N.C. Parks and Recreation Trust] Fund, and pursuant to 07NCAC1 13K. .0109and: a amracuaregirementwi thel Fund, this property shalli inp perpetuity (1)ber used for,and onlyf for, local park and recreation purposes for the use: and benefit oft the general public: and (2) not be converted to uses that are other than public recreation (whether by sale, transfer, or in any other manner) without first obtaining approvalf from thel N.C. Department ofl Natural and Cultural Resources ori its successor agency in accordance with the applicable rules. These requirements and restrictions on the property shall be permanent and perpetual and shall run with the land and shall be binding upon the Town ofMills River and all parties having any right, title, ori interest int the property,andi their helrs,sucessors,and: assigns,ands shallbebinding upon: allthose claiming! by,t through,orunder each such party, in perpetuity. Furthermore, the State, and its agents, employees, and representatives shall have the right of entry and access to the property for the purposes of inspecting the property and exercising its enforcement rights. In the event the Town of Mills River, North Carolina, its successors or: assigns, wishes to transfer the property or anyi interest therein, its shallnotify the Statei in writing oft the names and addresses ofany party to whom the property is intended to be transferred at least sixty (60) days prior to the time said transferis tol be consummated. Any transferee of the property or any interest therein shall take title subject to the requirements and restrictions referenced herein or applicable to the property. The Town of Mills River, North Carolina, its successors and assigns, shall make specific reference tot these restrictions in a separate paragraph of all subsequent leases, deeds, or other legal instruments by which the Property or any interest therein is conveyed. TOHAVEANDTOHOLD the aforesaid tract orp parcel ofland, together with: all privileges and appurtenances thereunto belonging to him, the said party oft thes second part, and his heirs and assigns in fee simple forever. ANDt thej party ofthef firstp part covenants with thej party ofthes second part thatt the party ofthe first partl has done nothing toi impair sucht title ast the party ofthe first part received, and the party oft the first part will warrant and defend the title against the lawful claims ofall persons claiming by, under or through the party of the first part, except for the exceptions hereinafter stated: this conveyance is made subject to utility easement and rights of way of record. The real property conveyed herein does not include the primary residence of the party of the first part. IN TESTIMONY WHEREOF, said party ofthe first part has hereunto caused this deed to be executed in its name byi its undersigned: Mayor and attested by the Town Clerk and sealed with its corporate seal, the day andy year first ar more particular description. above written. THE TOWN OF MILLS RIVER, one of the municipalities of the State ofNorth Carolina By: (SEAL) SHANON GONCE, Mayor Attest: Susan Powell, Town Clerk STATE OF NORTH CAROLINA COUNTY OF HENDERSON I,al Notary Public ofthe County and State aforesaid, certify that Susan) Powell personally appeared before me this day and acknowledged that shei ist the" Town Clerk ofMills] River, North Carolina, ai municipalityofthe: State ofNorth Carolina, and thath bya authority duly given and as the act oft thes saidi municipality the foregoingi instrument was voluntary signed ini its name by Shanon Gonce, its Mayor, sealed withi its corporate seal and attested byl herselfas the Town Clerk, for thej purpose stated herein. Witness my hand and official stamp or seal, this day ofNovember, 2024. Notary Public My commission expires: Resolution 2024-13 TOWN OF MILLS RIVER RECREATION TRUST FUND GRANT RESOLUTION AUTHORIZING THE EXECUTION OF Al PARKS AND MILL RIVER WHEREAS, the Town of Mills River applied to the North Carolina Parks and Recreation Authority WHEREAS, the Town of Mills River was approved the grant funding request of $500 000.00 for WHEREAS, the North Carolina Parks and Recreation Authority has prepared a grant agreement NOW THEREFORE, BE IT RESOLVED that the Mills River Town Council authorizes the execution of the Parks and Recreation Trust Fund Grant agreement towards land acquisition of the Mills FUTHER, BE IT RESOLVED that the Mills River Town Council authorizes the mayor to execute the for grant funds through the Parks and Recreation Trust Fund; and land acquisition for the Mills River Park Expansion project; and for execution by Town Council. River Park Expansion project. updated deed and sign it. Adopted this the 7th day of November, 2024 Shanon Gonce Mayor ATTEST: MILLS MILLS RIVER NE24. Patty Brown, CMC, NCCMC Deputy Town Clerk STAFF REPORT Title: Speaker: Prepared by: Discussion Town Council, Thursday, November 7,2024 Discussion on NextSteps for Mills River) Park Expansion Property Matthew McKirahan, Town Manager Administration On October 24, 2024, Town Council authorized an amended lease agreement with Mr. Bradley Johnston for aj portion ofTown-owned real property described as PIN 9641140122 and 9641137972 in the tax records for Henderson County, NC. The amended lease set a This item focuses on potential cover crop options for the flood plain area of the property. Town staff recommends planting a winter crop, such as rye or barley, to ensure the termination date of November 1, 2024. Recommendation property remains in agricultural use.