Minutes Spruce Pine Town Council Monday, September23,2024  A meeting oft the Town Council was held on September 23, 2024. Present were Mayor Phillip Hise and Council Members Rocky Buchanan and Jackie Rensink. Staffi in attendance included Darlene Butler, Brooke Peterson, and Kasey Cook. Others Mayor Phillip Hise called the regular meeting to order at 5:301 PM. Rocky Buchanan gave thei invocation. Jackie Rensink led Rocky Buchanan moved to approve the agenda. Jackie Rensink seconded the motion, which carried unanimously. Rocky Buchanan moved to approve the minutes of the regular meeting of September 9, 2024.Jackiel Rensink seconded the Carolyn and Larry Sparks expressed their concern for the water system and presented their used water filters along with pictures of their toilet water. Carolyn noted they had toi install ar new water filter system to try and combat thei issues. They are located on 19E near Mayland Community College. Mayor Phillip Hise stated he would meet with the Public Works  attended, including Town Attorney Chad Donnahoo, Cynthia Sciacca, Carolyn and Larry Sparks.  CALL' TOORDER thel Pledge of Allegiance. APROVALOFAGENDA APPROVALOFI MINUTES motion, which carried unanimously. PUBLICCOMMENT  Director to address thei issue. ACTIONAGENDA  Jackie Rensink made ar motion to adoptt the resolution for the Town of Spruce Pine Personnel Manual. Rocky Rocky Buchanan made a motion to adopt the resolution authorizing the Police Chieft to develop Spruce Pine Police Department Operating Policies andl Procedures. Jackie Rensink seconded the motion, which carried unanimously. Jackie Rensink made a motion to adopt the resolution for Policy and Guidelines for Mutual Assistance with other Law Enforcement Agencies. Rocky Buchanan seconded the motion, which carried unanimously. o Police ChiefK Kasey Cook presented the new policy andl highlighted a fewl key points from the index ofthe  Buchanan seconded thet motion, which carried unanimously.  policy. Chief Cook noted that he is pleased with the new policies.  TOWNMANAGER  Town Manager Darlene Butler noted she executed the contract for fireworks for 2025. They will be held on Saturday July 5,2025 duet tot thei increasing costs. The total willl be $16,500. Mayor Phillip Hise agreed. The Treasures in thel Fall Festival and Over Mountain Victory March is scheduled for this Saturday = September 28*. They are requesting a rain date ofOctober 12th. All the council agreed, ifthere are no conflicts. Darlene reminded the council of the upcoming BBQ Festival and the Mountain to Coast event, which willl bel held on October 5th. The BBQI Festival willl be downtown and thel bike riders willl bel located at Riverside Park. Darlene emphasized thei importance of filling the vacant council member seat. The council discussed havinga special meeting for the second meeting in October to discuss the vacant seat andt to complete the annual ethics  training. That meeting willl be October 28h. MAYOR/COUNCIL REQUESTS/COMMENTS o There were no comments ADJOURNMENT  With no further business, Jackie Rensink moved to adigimt the meeting at 5:541 PM.  CBucAtusn  Brooke Peterson, Town Clerk #    ABSENT_ Wayne Peight, Council Member Igékie Renjink,  Member  Samhaik    PUBLIC COMMENT SIGN-IN SHEET  Date: a/232024  SPRU  Name  Address  Lury . Carlyp Spais 19 OAk Rdg Drivc. 5.P    RESOLUTION ADOPTING THE  TOWN OF SPURCE PINE PERSONNEL MANUAL  NOW COMES the Town Council ("Council"), at a duly called public meeting with a quorum established, and hereby adopts this Resolution Adopting the Town of Spruce Pine  Personnel Manual.  WITNESSETH:  WHEREAS, the Town of Spruce Pine ("Town") is a governmental entity employing WHEREAS, in 1991 and amended in 1995, the Town adopted the Town of Spruce Pine Pay and Classification Plan and Recommended Personnel Policy (the "Original Personnel Policy") to codify the Town's understanding of the best practices, rules, regulations, mandates,  numerous people for the purpose of carrying out the Town's operations;  court interpretations and laws governing personnel administration;  WHEREAS, through the years, in various resolutions, votes and other approved actions, WHEREAS, to keep the Personnel Policy current with the most updated best practices, rules, regulation, laws, etc., the Town Manager recommends that the Original Personnel Policy and Amendments thereto be repealed and replaced with the updated Personnel Policy effective  the Council has revised portions oft the Original Personnel Policy ("Amendments"); and  October 1,2024.  NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL that: (1) the Original Personnel Policy and Amendments thereto are hereby repealed the updated Personnel Policy will become effective as of October 1, 2024 as the official policy governing the appointment, classification, salary, benefits, leave and conditions ofemployment fort the Town's employees;and  (2) that this resolution shall become effective upon it adoption and approval. READ AND APPROVED this 23rd day of September 2024.  TOWN OF SPRUCE. PINE Gp  Mayor  PulaRausg  Brooke Peterson Town Clerk    RESOLUTION AUTHORIZING THE POLICE CHIEF TO DEVELOP AND ADOPT OPERATING POLICIES AND PROCEDURES FOR' THE SPRUCE PINE POLICE DEPARTMENT  NOW COMES the Town Council ("Council"), at a duly called public meeting with a quorum established, and hereby adopts this Resolution Authorizing the Police Chiefto Develop and. Adopt Operating Policies and. Procedures for the Spruce Pine Police Department.  WITNESSETH:  WHEREAS, the Police Chief has completed a comprehensive review and update of the WHEREAS, the updated policies and procedures shall be effective as of October 1,2024; WHEREAS, the Police Chief desires the authority to adopt, update and maintain the NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL that the Police Chief is hereby authorized to adopt, update and maintain the Department's operating policies and  Spruce Pine Police Department's ("Department"): operating policies and procedures;  and  Department's policies and procedures as needed and required.  procedures as: needed and required.  READ AND APPROVED this 23rd day of September 2024.  TOWN OF SPRUCE PINE GA Mayor  Brooke Peterson Town Clerk  Llusllausq    RESOLUTION ADOPTING POLICYAND GUIDELINES FOR MUTVALASSISTANCE WITH OTHER. LAW ENFORCEMENT AGENCIES WHEREAS, pursuant to N.C.G.S. $ 160A-288, the Town of Spruce Pine ("Town"), on behalf of the Spruce Pine Police Department ("Department"), may adopt appropriâte guidelines for the purpose ofr mutual assistance with other municipal and county law enforcement agencies; WHEREAS, pursuant to said laws, the law enforcement assistance to be rendered authorizes lending officers/deputy sheriffs to work temporarily with officers/deputy sheriffs oft the requesting agencies, including in an undercover capacity, and lending equipment and supplies; WHEREAS, it is deemed to be in the best interests of the Town's citizens to adopt a reasonable policy and guidelines whereby reciprocal law enforcement assistance can be both  rendered to and obtained from other governmental jurisdictions; and  WHEREAS, such reciprocal assistance is necessary for effective law enforcement for the NOW, THEREFORE, BE IT RESOLVED BY THE TOWN AT AI DULY CALLED MEETING OF ITS' TOWN COUNCIL WITH. A QUORUM PRESENT the following: 1. Thel Department's Chief("Chief"): is hereby authorized to enter a mutual assistance arrangement with other municipal and county law enforcement agencies, provided that the head of  protection oft the Town's citizens.  the requesting law enforcement agency makes such a: request in writing.  2.  The Chiefi is hereby authorized to permit Department officers to work temporarily  with officers/deputy sheriffs oft the requesting agency, including in an undercover capacity, and the Chief may lend such equipment and supplies to the requesting agency as he/she deems advisable.  3. 288, as applicable. 4.  All such request and authorizations shall be in accordance with N.C.G.S. $ 160A- While working with ai requesting agency, a. Department officer shall have the same  jurisdiction, powers, rights, privileges and immunities (including those relating to the defense of civil actions and payment ofjudgments) ast the officers/deputy sheriffs oft the requesting agency in  addition to those the officer normally possesses.  5.  While on duty with the requesting agency, an officer shall be subject to the lawful  operational commands of the officer's superior officers/deputy sheriffs in the requesting agency, but the officer shall, for personnel and administrative purposes, remain under the control of the officer's own agency, including for purposes of pay. An officer shall furthermore be entitled to workers' compensation and the same benefits to the extent as though s/he were functioning within  the normal scope oft the officer's duties.    6.  The Chief is hereby authorized to enter into mutual assistance agreements with  other law enforcement agencies in accordance with such reasonable arrangements, terms and conditions as may be agreed upon between the respective heads oft the law enforcement agencies.  THIS the 23rd day of September 2024.  Mayor  Gp  MBucRasg  Brooke Peterson Town Clerk  2    LAW ENFORCEMENT MUTUALASSISTANCEAGREEMENT NOW COMES the SPRUCE PINE POLICE DEPARTMENT ("Police Department") and the MITCHELL COUNTY SHERIFF'S OFFICE ("Sheriff's Office") (collectively "Parties") and enter this LAW ENFORCMENT MUTUAL ASSISTANCE AGREEMENT WHEREAS, pursuant tol N.C.G.S. SS 90-95.2 and 160A-288, the Parties dol hereby request each: from the other, as the "Requesting. Agency," and do hereby agree to provide each tot the other, ast the "Lending Agency,"asistance in enforcing the laws of the State ofNorth Carolina; WHEREAS, this Agreement shall serve as the basis in writing for such assistance, and the assistance may consist of, but is not limited to: loaning officers or deputy sheriffs (including in an  ("Agreement").  undercover capacity), equipment and supplies; and  WHEREAS, the Parties acknowledge the mutual benefit of enhanced law enforcement NOW, THEREFORE, the Parties enter this Agreement pursuant to duly adopted resolutions of their respective governing bodies, as authorized by N.C.G.S. $ 160A-288, and, in addition to the provisions specifically contained in N.C.G.S. SS 90-95.2 and 160A-288, agree to  capabilities and efficiency within the Parties' respective. jurisdictions,  the following additional provision stated herein.  1. Legal Authority in the Requesting Agency's Jurisdiction. In addition to those powers, rights, privileges, benefits and immunities that the assigned officer or deputy sheriff normally possesses, while on duty with the Requesting Agency, the temporarily assigned officer or deputy sheriff from the Lending Agency shall have the same jurisdiction, powers, rights, privileges, benefits and immunities as the officers or deputy sheriffs ofthe Requesting Agency. assigned officer or deputy sheriff from the Lending Agency shall be subject to the lawful operational commands oft the superior officers or deputy sheriffs oft the Requesting Agency. The temporarily assigned officer or deputy sheriff from the Lending Agency shall obey all lawful and proper orders and diligently perform assigned duties and shall work during assigned hours, 3. Procedures for Requesting Mutual Aid. When temporary assistance is needed pursuant to this Agreement, the Requesting Agency shall notify the Lending Agency oft the need for such assistance and the assistance shall be provided such assistance if feasible to do sO. The Requesting Agency which needs temporary assistance shall notify the Lending Agency ofs such a need in writing when possible. In an emergency, the notification of the need for temporary assistance may be made using Mitchell County Central Communications and/or direct radio communications between the Parties. In an emergency circumstance, written notification shall be  2.  Reporting Authority. While on duty with the Requesting Agency, a temporarily  provided as soon thereafter as possible.  4. Legal Status of Personnel. For personnel and administrative purposes, the temporarilyassignedo officero or deputys sheriffshallremain under the controlofthel Lending Agency    and shall be entilled to Workers' Compensation and other benefits to which s/he would be entitled iffunctioning within the normal course and scope ofhis/her duties with the Lending Agency. Any disciplinary actions arising out oft the temporary work assignment ofa any loaned officer or deputy  sheriffwill remain the Lending. Agency's responsibility.  5. Release of Liability and Indemnification. The Requesting Agency specifically covenants and agrees to assume all liability for any act committed by the temporarily assigned officer or deputy sheriff with in the course and scope of his/her temporary assignment or damage or injury caused by the use or misuse of loaned equipment, and further agrees to hold harmless and indemnify thel Lending Agency for all costs of litigation, including damages, awards, penalties, payment of attorneys' fees or other costs incurred by the Lending Agency pursuant to such  temporary assignment.  The Requesting Agency Agrees to hold harmless the Lending Agency for any damage to the Requesting Agency's property incurred in the scope and course of the temporarily assigned officer or deputy sheriff's duties or in the course and scope of the use of loaned equipment not accompanied by a temporarily assigned officer or deputy sheriff. Further, the Lending Agency agrees to hold the Requesting Agency harmless for any damage to the property oft the Lending Agency occasioned bys such act. The. Agreement shall not be construed as al bar to any other rights orc claim, either direct or by subrogation, which either oft the Parties shall have against the other. will be executed by the Chief/Sheriff of the Requesting Agency or, in his/her absence, by such  ,  PersonsAuthorized to Request MutualAid. Such requests for mutual assistance  other person as has been designated to make or grant such requests.  7. Length of Assignment. Officers and deputy sheriffs shall be assigned to the Requesting Agency in a number and for such time specified by agreement oft the Chief/Sheriffof the Requesting Agency and the Chief/Sheriff of the Lending Agency. The Chief/Sheriff of the Lending Agency reserves the right to recall officer(s) or deputy sheriff(s) from temporary  assignment with the Requesting Agency at any time and for any reason.  8. Asset Forfeiture. Ifany assets are forfeited because ofthe assistance provided by this Agreement, the Parties agree to a reasonable and proportional sharing of such proceeds. tot terminate is provided to the other Party in writing at least thirty (30) days prior to thei intended termination date. All requests for revisions to this Agreement must be made in writing and submitted to the other Party for review. No revisions, amendments or modifications of this Agreement shall be valid unless made in writing and agreed upon by both Parties, as evidenced by  9.  Review and Revision. This'Agreement will remain in effect unless notice ofintent  their respective signatures.  This Agreement shall be effective as oft the date of the later signature set forth herein.  [SIGNATURES ON NEXTI PAGE]  2    hL  Date: 9-33-24  Kasey Cook  Chief, Spruce Pine Police Department STATE OF NORTH CAROLINA COUNTY OF MITCHELL  Davlene Johnson Gutlera Notary Public of said State and County above, do hereby certify that Kasey Cook, in his capacity as Chief of the Spruce Pine Police Department, personally appeared before me this day and acknowledged the due execution of the foregoing Witness my hand and notarial seal, this23 dy of September2024.  Agreement.  ITTTTTI Mitchell A County Exp. PRa   Plgpman Bulas  10-14-3037  Notary Pubhe  Aolw,hl Donald Street  Date:  9-19.24  Sheriff, Mitchell County Sheriff's Office STATE OF NORTH CAROLINA COUNTY OF MITCHELL  SApnauklaew Notary Public ofs said State and County above, do hereby certify that Donald Street, in his capacity as SheriffofMitchell County, personally appeared before me this day and acknowledged the due execution oft the foregoing Agreement. Witness my hand and' notarial seal, this 14 day of Spr  2024.  Saganunlagn  My Commission Expires: 5148  Notary Public   OTARY CHELL 3