TOWN OF RIVER BEND 45 Shoreline Drive River Bend, NC 28562 T 252.638.3870 F 252.638.2580 www.iverbendnc.org RIVER BEND TOWN COUNCIL PROPOSED AGENDA Regular Meeting June 19, 2025 River Bend Town Hall - 45 Shoreline Drive 5:00 p.m. Pledge: Noonan 1. Call to Order (Mayor Bledsoe Presiding) 2. Recognition of New Residents 3. Additions/Deletions to Agenda 4. Addresses to the Council A. Peter Blackburn - Advertising tennis club event on town website. 5. Public Comment The public comment period is set aside for members of the public to offer comments to the Council. It is the time for the Council to listen to the public. It is not a Question & Answer session between the public and the Council or Staff. All comments will be directed to the Council. Each speaker may speak for up to 3 minutes. A member of staff will serve as timekeeper. A sign-up sheet is posted by the meeting room door and will be collected prior to the start of the Public Comment Period. Speakers will be called on by the Mayorin the order that they signed up. In ordert to provide for the maintenance of forder and decorum, the Council has adopted a policy fort this section of the meeting. A copy oft the policy is posted by the doorfor your review. Please follow the policy. If you have a specific question for staff, you are encouraged to contact the Town Manager or the appropriate Department Head at another time. 6. Public Hearings - NONE 7. Consent Agenda All items listed under this section are considered routine by the Council and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Approve: Minutes ofMay 8, 2025 Work Council Meeting Minutes ofMay 15, 2025 Regular Council Meeting Revised Minutes of February 16, 2023 Regular Council Meeting B. Advisory Board Reappointments PLANNING BOARD: Reappoint Keith Boulware, Kathleen Fleming and Jon Hall to terms beginning July 1, 2025, and ending on June 30, 2027; PARKS AND RECREATION: Reappoint Elizabeth Stokes to a term beginning July 1, 2025, and ending on June 30, 2027; CAC: Reappoint Donna Perry and Maryann Taylor to terms beginning July 1, 2025, and ending on June 30, 2027; ENVIRONMENT AND WATERWAYS ADVISORY BOARD: Reappoint Paige. Ackiss and. Jon Hall to terms beginning July 1,2025, and ending on June 30, 2027; 8. Town Manager's Report = Delane Jackson Activity Reports A. Monthly Police Report by Chief Joll B. Monthly Water Resources Report by Director of Public Works Mills C. Monthly Work Order Report by Director of Public Works Mills D. Monthly Zoning Report by Assistant Zoning Administrator McCollum Administrative Reports: 9. CAC - Councilwoman Benton A. CAC Report 10. Finance = Councilman Leonard A. Financial Report - Finance Director B. VOTE - FY25-26 Budget Ordinance C. VOTE - Library Services Agreement D. VOTE - Library Lease Agreement E. VOTE - Leaf and Limb Contract 2025-2028 11. Planning Board = Councilman Sheffield A. Planning Board Report B. DISCUSSION = Advisory Board Alternates 12. Parks & Recreation - Councilman Weaver A. Parks and Rec Report B. Organic Garden Report C. VOTE - Letter of Support for New Craven County Convenience Center D. Discussion = Pickleball Bids 13. Mayor's Report 14.Adjourment ITEM 4 RECEIVED Request' Type Select One Town of Request to Address the River Bend JUN 12 2025 Town Council at Regular Meeting Request to Appear on TOWN OF RIVER BEND Town Council Meeting Agenda Meeting Date Junc 19, 202 Date of Request June 12,20 SPEAKER'S INFORMATION Name PETER BLACKBURN Phone Number 770-500-0 £76 Email Hachenexymai Gom Address Rol PLANTADON DRIVE, RIVER BENP Organization (ifa any) HARBOUR TowN RAEQUET CWb Subject Adverbairg ennid club eventr on River Bend website TIME LIMITED TO FIVE (5) MINUTES UNLESS OTHERWISE APPROVED Requestor's Signatyde blarfhn Time Requested Fitu 5 minut tC Approval Date Time (Minutes)* Dian 6-13-35 *Ifr moret than three (3) people sign up to speak: at her meeting, the Council reserves the right to reduce time allowed. Form must ber returned tot the Clerk am on the 9:00: Tuesday prior to the meeting. TRB Form # 54 (Rev. 3/22) by ITEM7 River Bend Town Council Work Session Minutes May 8, 2025 Town Hall 5:00 p.m. Present Council Members: Mayor Mark Bledsoe Lisa Benton Brian Leonard Kathy Noonan Jeff Weaver Buddy Sheffield Town Manager: Delane Jackson Police Chief: Sean Joll Town Clerk: Kristie Nobles Members of the Public Present: 7 CALL TO ORDER Mayor Bledsoe called the meeting to order at 5:00 p.m. on Thursday, May 8, 2025, at the River Bend Town Hall with a quorum present. VOTE = Approval of Agenda Counciwoman Noonan motioned to accept the agenda as presented. The motion carried unanimously. Councilwoman Benton arrived at 5:02 p.m. Discussion = Recommendation of Award for Wastewater Treatment Plant Enhancements. Phase 1 The Town Manager introduced Greg Churchill and Kevin Cooper from Rivers and Associates, Inc. and said that their recommendation for the award of contract is in the agenda package. He stated that the Town held a bid opening for the Wastewater Treatment Plant Enhancements and only received one bid. He stated that the bid was more than the current specific grant funding for this project, by about $5,000,000. He stated that there is another possible funding source for this project, which is the Direct Appropriation Funds that were earmarked for the Water Treatment Plant but could be used for sewer projects too. Councilman Weaver asked when the grant funding for the Wastewater Treatment Plant expire, and the Manager stated that the funds have to be spent by December 31, 2026. Councilwoman Benton asked if all the funds were not spent would they have to be returned, and the Manager said yes. He stated that he recommends fully funding the Wastewater Treatment Plant Project with a portion of the Direct Appropriation Funding. Discussion - Aare Creek Preliminary Plat The Town Manager stated that Ellis Development has submitted a preliminary plat for the Aare Creek Subdivision and excerpts from it are included in the agenda package for the Council and also posted on the town's website. He stated that this is in the very early stages, and the preliminary plan has been submitted to the Planning Board. ITEM7 River Bend Town Council Work Session Minutes May8 8, 2025 2of2 Discussion- Budget Amendment for Leak & Limb Department The Town Manager stated that he will present a budget amendment at the next meeting that will cover several items including the Leaf and Limb pickups, the new employee salary for Public Works and the employee merit pay that the Council approved previously. REVIEW = Agenda for the May 15, 2025, Council Meeting The Council reviewed the agenda for the May 15, 2025, Council Meeting. ADVOURNMENTRECESS There being no further business, Councilman Sheffield moved to adjourn. The motion carried unanimously. The meeting was adjourned at 6:01 p.m. Kristie J. Nobles, MMC, NCCMC Town Clerk ITEM7 River Bend Town Council Regular Meeting Minutes May 15, 2025 Town Hall 5:00 p.m. Present Council Members: Mayor Mark Bledsoe Buddy Sheffield Lisa Benton Brian Leonard Kathy Noonan Jeff Weaver Town Manager: Delane Jackson Finance Director: Mandy Gilbert Police Lieutenant: Stephen Fell Town Clerk: Kristie Nobles Town Attorney: David Baxter Members of the Public Present: 9 CALL TO ORDER Mayor Bledsoe called the meeting to order at 5:00 p.m. on Thursday, May 15, 2025, at the River Bend Town Hall with a quorum present. VOTE - Approval of Agenda Councilman Weaver motioned to accept the agenda as presented. The motion carried unanimously. PUBLIC COMMENTS Martin Degraw - 416 Tar Landing expressed the need for a convenience center / trash / debris collection site closer to the Town of River Bend for residents. He stated that he has addressed the Council previously regarding this topic. CONSENT AGENDA The Mayor presented the Council with the Consent Agenda. Councilwoman Noonan moved to approve the Consent Agenda as presented. The motion carried unanimously. Within this motion, the following items were approved: A. Approve: Minutes of April 10, 2025 Work Council Meeting Minutes of April 17, 2025 Regular Council Meeting Minutes of April 28, 2025 Budget Workshop Meeting Minutes of May 1, 2025 Budget Workshop Meeting Minutes of May 6, 2025 Budget Workshop Meeting Minutes of May 8, 2025 Budget Workshop Meeting TOWN MANAGER'S REPORT The Manager gave the following updates: The Town received results from recent water testing and the water quality has improved. The Town will be doing annual flushing near the end of May. The bids for Leaf & Limb collection are due June 6, 2025, by 2:00 pm. ITEM7 River Bend Town Council Regular Session Minutes May 15, 2025 2of11 The FY25-26 Budget Public Hearing will be on June 12, 2025, at 5:00 p.m. during the Council work session. He stated that the Council would vote on the proposed budget on June 19, 2025. Councilman Sheffield stated that the gates at Lakemere have been repaired, and water seems to be running over the gates. Lieutenant Fell stated that the Police Department has had an increase in traffic stops and town ordinance violations. ADMINISTRATIVE REPORTS FINANCE = Councilman Leonard Financial Report = Finance Director, Mandy Gilbert, presented the financial statement for the month of April to the Council. She stated the total of the Town's Cash and Investments as of April 30, 2025, were $3,183,021 and Ad Valorem Tax Collections for FY24-25 were $978,527 and Vehicle Ad Valorem Tax Collections were $91,419. Councilman Leonard stated that there are only a couple of months left in this fiscal year, and the numbers reflect that the Town is not spending anything near to what is being taken in. He thanked the staff for managing the finances. The Town Manager asked the Council to look at the Wastewater Treated line in the Sewer Fund. He stated that the daily permitted limit is 330,000 gallons and the town's daily average is 102,000 gallons. He stated that the town is operating at 1/3 of the capacity permitted. The Town Manager stated that the presented Budget Amendment will cover several items including the Leaf and Limb pickups. He stated that there had been several storms that attributed to the amount of debris that was removed. He also stated that this budget amendment will also cover the new employee salary for Public Works and the employee merit pay that the Council approved previously. VOTE = Budget Amendment #24-B-04 Councilman Leonard motioned to approve Budget Amendment #24-B-04 as presented. The motion carried unanimously. (see attached) Councilman Leonard called on the Town Manager to discuss the Wastewater Treatment Plant Capital Project Fund Ordinance Amendment #4. The Town Manager stated that the Council cannot award the contract for the Wastewater Treatment Plant Enhancements if they do not approve the amendment. He stated the amendment would recognize $5,000,000 from a direct appropriation and combine it with $9,100,000 that the town has from grant funding. Councilwoman Benton stated that the Wastewater Treatment System is around fifty years old and if something were to break or malfunction the town could be fined up to $10,000 a day for violations. The Town Manager stated that the system is on average around 40 years old and he agreed with the fines, but he had seen fines as much as $25,000 a day. Counciwoman Benton asked if there are funds left over from the Wastewater Treatment Project, can those funds be allocated back to the Water Treatment Project and the Town Manager said yes. Councilman Sheffield stated that the original grant of 9 million dollars that the town was awarded for the Wastewater Treatment Plant has a time limit on it and if it is not spent the Town will lose those funds. Councilman Leonard agreed with Councilwomen Benton and Councilman Sheffield and stated that it would be financial malfeasance on the Council's part to jeopardize the loss of those funds. Councilwoman Benton and Noonan stated that they agreed. Councilman Weaver stated that even though the Council is ITEM7 River Bend Town Council Regular Session Minutes May 15, 2025 3of11 voting to approve Phase 1 of the Wastewater Treatment Project, the Council is still committed to completing both of these projects in their entirety. He stated that there are many "irons in the fire" at this time. He also encouraged anyone who has questions to contact the Council to get the facts, not social media. VOTE - Wastewater Treatment Plant Capital Project Fund Ordinance Amendment #4 Councilman Leonard motioned to approve Wastewater Treatment Plant Capital Project Fund Ordinance Amendment #4 as presented. The motion carried unanimously. (see attached) VOTE = Award Contract for Wastewater Treatment Plant Enhancements, Phase 1 Councilman Leonard motioned to approve the resolution of tentative award as presented. The motion carried unanimously. (see attached) ENVIRONMENTAL & WATERWAYS = Councilman Leonard Councilman Leonard provided the following report from the May meeting. Chairman Hall called the meeting to order at 7:00 PM. There was a quorum of members present. There were no visitors. The minutes for the April 7th, 2025, meeting were approved. Councilman Leonard gave a council update and answered members questions. Old Business: Still working to provide fishing line recycling containers, EWAB will make and install the containers. Updated information on having waterways clean up including local Scouts. New Business: Councilman Leonard asked EWAB to conduct a sounding of the waterways. Discussion about purchasing tee shirts for EWAB members. Volunteer Hours: 9 The next meeting will be on Julu 7th, 2025, at 7 PM in the small conference room in the municipal building. The public is welcome to attend. The meeting adjourned at 7:33 PM PLANNING BOARD = Councilman Sheffield Councilman Sheffield provided the following report from the May meeting. The Planning Board met on May 1st at 6:00 pm in the Community building. Chairman Lippert called the meeting to order. There was no public comment. The usual reports were given. Board members were given a copies of the proposed Aare Creek development plans to study. Manager Jackson gave a slide presentation summarizing the newly submitted plans. The plans are for the construction of 132 new homes on lots averaging 18 thousand square feet. Brian Ketchem, vice president of operations for Ellis Development was on hand to answer questions. Robert Davis, who still owns the approximately 73 acres on Old Pollocksville Road was also present. Board members asked a few questions, which Mr. Ketchem answered. Nobody in the audience had any comments. The complete plans for the development are available to the public in the Town Hall board room. Under new business there was discussion of the town's fence ordinance with particular focus on corner properties and what constitutes a front yard in those situations. The board was instructed to be ready to vote on the two items discussed at the meeting at the next meeting, which is set for June 5th. As always, all citizens are invited to attend. PARKS & RECREATION - Councilman Weaver Councilman Weaver provided the following report from the April meeting. Councilman Weaver stated that Parks and Recreation Advisory Board met on May 7 at 6:30. He stated that there is Yoga in the Park schedule for Mat 17 2025. He stated that they are looking for volunteers and has some vacancies. RIVER BEND COMMUNITY ORGANIC GARDEN Councilman Weaver gave the following report from the March meeting: Spring planting is complete. Garden workdays take place twice monthly. A daily work schedule is updated monthly. Gardeners labored 268 hours in March. The spring plant sale was very successful. Garden tours were conducted and several visitors expressed ITEM7 River Bend Town Council Regular Session Minutes May 15, 2025 4of11 interest in volunteering. Unsold plants will be donated to the Master Gardeners who are holding their plant sale on May 17. The next meeting is scheduled for June 2, 2025 at 1:30 pm in the Municipal building. Guests are always welcome at the meetings and in the garden. CAC - Councilwoman Benton Counciwoman Benton stated that CAC recommendation of the Median Project is on town's website. CAC will meet on Wednesday, May 21 at 4:00 p.m. at the Municipal Building and the public is invited to attend. MAYOR'S REPORT The Mayor stated that there has been a lot going on in Town since the beginning of the year. He stated that the Lakemere gates repair has been completed, the BIRM Media has been replaced and after the ice storm Public Works made sure the town streets were cleared right away. He stated that the Public Works department has been very busy and he is very proud of that department. ADJOURNMENT There being no further business, Councilman Sheffield moved to adjourn. The motion carried unanimously. The meeting adjourned at 5:43 p.m. Kristie J. Nobles, MMC Town Clerk ITEM7 River Bend Town Council Regular Session Minutes May 15, 2025 5of11 TOWN OF RIVER BEND BUDGET ORDINANCE AMENDMENT 24-B-04 FISCAL YEAR: 2024 2025 BE ITC ORDAINED by the Council of the Town of River Bend, North Carolina that the 2024-2025 Budget Ordinance as last amended on December 5, 2024, be amended as follows: Summary General Fund 2,455,307 General Capital Reserve Fund 89,007 Law Enforcement Separation Allowance Fund 515 Water Fund 731,736 Water Capital Reserve Fund 20,215 Sewer Fund 724,636 Sewer Capital Reserve Fund 25,250 Total 4,046,666 Section1. GeneralFund Anticipated Revenues AD' VALOREM Taxes 2024-2025 980,165 AD' VALOREM' Tax-Motor Vehicle 104,400 Animal Licenses 1,500 Sales Tax: 1% Article 39 205,910 Sales Tax 1/2% Article 40 121,885 Sales Tax 1/2% Article 42 102,881 Sales Tax Article 44 14,636 Sales Tax Hold Harmless Distribution 112,233 Solid Waste Disposal Tax 2,200 Powell Bill Allocation 101,000 Beer and' Wine Tax 13,225 Video Programming Sales Tax 47,041 Utilities Franchise Tax 116,156 Telecommunications Sales Tax 6,779 Court Refunds 500 Zoning Permits 7,000 Federal Grant 23,364 Miscellaneous 15,000 Interest- Powell Bill Investments 50 Interest-General Fund Investments 44,533 Contributions 900 Wildwood Storage Rents 18,144 Rents & Concessions 18,000 Sale of Fixed Assets 0 Transfer From Capital Reserve Fund 72,650 Appropriated Fund Balance 325,155 Total 2,455,307 Page 1 of 5 ITEM7 River Bend Town Council Regular Session Minutes May 15, 2025 6of11 Section1. GeneralFundlcontinued. Authorized Expenditures Governing Body 69,500 Administration 333,200 Finance 150,172 Tax Listing 14,700 Legal Services 36,225 Elections 600 Police 867,795 Public Buildings 84,500 Emergency Services 5,800 Animal Control 23,505 Street Maintenance 248,760 Public' Works 222,063 Leaf & Limb and Solid' Waste 97,075 Stormwater Management 49,956 Wetlands and' Waterways 2,900 Planning & Zoning 60,000 Recreation & Special Events 11,000 Parks & Community. Appearance 67,756 Contingency 23,043 Transfer* To General Capital Reserve Fund 86,757 Transfer1 Tol L.E.S.A. Fund 0 Total 2,455,307 Section2. General Capital Reserve Fund Anticipated Revenues Contributions from General Fund 86,757 Interest Revenue 2,250 Total 89,007 Authorized Expenditures Transferi to General Fund 72,650 Future Procurement 16,357 89,007 Section3. Law Enforcement SeparatonAlomancefund Anticipated Revenues: Contributions from General Fund U Interest Revenue 515 Total 515 Authorized Expenditures: Separation. Allowance Future LEOSSA Payments 515 Total 515 Page 2 of 5 ITEM7 River Bend Town Council Regular Session Minutes May 15, 2025 7of11 Section4. Water Fund Anticipated Revenues Utility Usage Charges, Classes 1 &2 202,039 Utility Usage Charges, Classes 3 &4 19,024 Utility Usage Charges, Class 5 11,651 Utility Usage Charges, Class 8 5,326 Utility Customer Base Charges 280,228 Hydrant Availability Fee 19,215 Taps & Connections Fees 4,050 Nonpayment Fees 10,500 Late payment Fees 7,774 Interest Revenue 16,790 Sale of Capital Asset 0 Appropriated Fund Balance 155,139 Total 731,736 Authorized Expenditures Administration & Finance [1] 510,948 Operations and Maintenance 200,788 Transfer Tol Fund Balance for Capital Outlay 0 Transfer To Water Capital Reserve Fund 20,000 Total 731,736 [1] Portion of department for bond debt service: 134,691 Section! 5. Water Capital Reserve Fund Anticipated Revenues Contributions From Water Operations Fund 20,000 Interest Revenue 215 Total 20,215 Authorized Expenditures Future Expansion & Debt Service 20,215 Page 3 of 5 ITEM7 River Bend Town Council Regular Session Minutes May 15, 2025 8of11 Section6. SewerFund Anticipated Revenues: Utility Usage Charges, Classes 1 & 2 260,280 Utility Usage Charges, Classes 3 & 4 40,743 Utility Usage Charges, Class 5 25,677 Utility Usage Charges, Class 8 10,825 Utility Customer Base Charges 297,179 Taps & Connection Fees 1,250 Late payment Fees 8,251 Interest Revenue 21,990 Sale of Capital Asset U Appropriated Fund Balance 58,441 Total 724,636 Authorized Expenditures: Administration & Finance [2] 503,848 Operations and Maintenance 190,788 Transfer to Fund Balance for Capital Outlay Transfer to Sewer Capital Reserve Fund 25,000 Transfer to Sewer AIA Grant Project 5,000 Total 724,636 [2]Portion of department for bond debt service: 116,309 Section7. Sewer CapitalReserve Anticipated Revenues: Contributions From Sewer Operations Fund 25,000 Interest Revenue 250 Total 25,250 Authorized Expenditures: Future Expansion & Debt Service 25,250 Page 4 of 5 ITEM7 River Bend Town Council Regular Session Minutes May 15, 2025 Section8. LevyofTaxes 9of1 11 There is hereby levied at tax at the rate of twenty-four cents ($0.24) per one hundred dollars ($100) valuation of property as listed for taxes as of January 1, 2024, for the purpose of raising the revenue listed as "Ad' Valorem Taxes 2024-2025" in the General Fund Section 1 oft this ordinance. This rate is based on a valuation of $410,950,000 for purposes of taxation of real and personal property with an estimated rate of collection of 99.38%. The estimated collection rate is based on thet fiscal year 2022-2023 collection rate of 99.38% by Craven Countywho has been contracted to collect real and personal property taxes for the Town of River Bend. Also included is a valuation of $43,500,000 for purposes of taxation of motor vehicles with a collection rate of 100% by the North Carolinal Vehicle Tax System. Section9. Feesand Charges There is hereby established, for Fiscal Year 2024-2025, various fees and charges as contained in Attachment. A of this document. Section10. SpecialAuthorization: oft the Budget Officer A. The Budget Officer shall be authorized to reallocate any appropriations within departments. B. The Budget Officer shall be authorized to execute interfund and interdepartmental transfers in emergency situations. Notification of all such transfers shall be made to the Town Council at its next meeting following the transfer. C. The Budget Officer shall be authorized to execute interdepartmental transfers in the same fund, including contingency appropriations, not to exceed $5,000. Notification of all such transfers shall be made to the Town Council at its next meeting following the transfer. Section 11. Classification: and Pay Plan Cost of Living Adjustment (COLA) for all Town employees shall be 3.7% and shall begin the first payroll in the new fiscal year. The Town Manager is hereby authorized to grant merit increases to Town employees, when earned, per the approved Pay Plan. Section 12. Utilization of the Budget Ordinance This ordinance shall be the basis of the financial plan for the Town of River Bendi municipal government during the 2024-2025 fiscal year. The Budget Officer shall administer the Annual Operating Budget and shall ensure the operating staff and officials are provided with, guidance and sufficient details to implement their appropriate portion of the budget. Section 13. Copies ofthis Budget Ordinance Copies of this Budget Ordinance shall bet furnished to the Clerk, Town Councit, Budget Officer and Finance Officer to be kept ont file byt them for their direction int the disbursement of funds. Adopted this 15th day of May, 2025. Mark Bedsoe, Mayor Attest: usteR nolas Kristie. J. Nobles, Town Clerk, MMC, NCCMC Page 5 of 5 ITEM7 River Bend Town Council Regular Session Minutes May 15, 2025 10of 11 TOWN OF RIVER BEND WASTEWATER TREATMENT PLANT CAPITAL PROJECTS FUND ORDINANCE AMENDMENT #4 BE IT ORDAINED by the Council of the Town of River Bend, North Carolina, that the Wastewater Treatment Plant Capital Projects Fund Ordinance as last amended on October 17, 2024, be amended as follows: Section 1. The following amounts are hereby appropriated for the operation of a Town Capital Projects Fund fori the enhancement of the Wastewater Treatment Plant: CAPITAL PROJECTS FUND Revenues: State Fiscal Recovery Fund Grant 9,108,500 State Direct Appropriation 5,112,650 14,221,150 Expenditures: Wetlands Mitigation 54,000 ingneringAdminstraton 851,500 Construction 12,733,000 Contingencies 582,650 14,221,150 Section 2. It is estimated that revenues in the amounts indicated in the foregoing schedule will be available to support the foregoing appropriations. Section 3. The Finance Officer is hereby authorized to maintain an appropriate Fund Chart of Accounts. Section 4. Copies of this Ordinance shall be furnished to the Clerk, Town Council, Budget Officer and Finance Officer to be kept on file by them for their direction in the disbursement of funds. Section 5. The capital projects funds are appropriated pursuant to section 13.2 of Chapter 159 of the General Statutes of North Carolina; therefore, appropriations do not lapse at the end of the fiscal year and are available for the duration of the project, estimated to be eighteen months, unless subsequently amended by Council action. Adopted this 15th day of May, 2025. Mark Bledsoe;Mayor Attest: skgnola Kristie J. Nobles, Town Clerk, MMC, NCCMC ITEM7 River Bend Town Council Regular Session Minutes May 15, 2025 11of11 TOWN OF RIVER BEND RESOLUTION OF TENTATIVE AWARD WHEREAS, the Town of River Bend, North Carolina has received bids, pursuant to duly advertisement of notice therefore, for construction of the Wastewater Treatment Plant Enhancements Phase I, and WHEREAS, Rivers and Associates, Inc., in its role as consulting engineers for the project, have reviewed the bids; and WHEREAS, State Utility Contractors, Inc. was the lowest bidder for the project, in the total bid amount of $12,733,000.00; and WHEREAS, the consulting engineers recommend TENTATIVE AWARD to the lowest bidder. NOW, THEREFORE, BE IT RESOLVED that TENTATIVE AWARD is made to the lowest bidder in the Total Bid Amount of $12,733,000.00 Name of Contractor Amount 1.State Utility contractors, Inc. $12,733,000.00 BE IT FURTHER RESOLVED that such TENTATIVE AWARD is contingent upon the approval of the North Carolina Department of Environmental Quality. Adopted this the 15th day of May, 2025 INCORPORATED SEAL 13 / 1981 Mark Bledsoe, Mayor (Sea!) Attest: Wushgnopb Kristie J. Nobles, Town Clerk, MMC ITEM7 River Bend Town Council Regular Meeting Minutes - REVISED February 16, 2023 Town Hall 7:00 p.m. Present Council Members: Mayor John Kirkland James Castranova Brian Leonard Barbara Maurer Buddy Sheffield Jeff Weaver Town Manager: Delane Jackson Finance Director: Mandy Gilbert Police Chief: Sean Joll Town Clerk: Kristie Nobles Town Attorney: Dave Baxter Members of the Public Present: 43 CALL TO ORDER Mayor Kirkland called the meeting to order at 7:00 p.m. on Thursday, February 16, 2023, at the River Bend Town Hall with a quorum present. ADDITIONSDELETIONS TO AGENDA Vote - Addition to Agenda = Councilman Sheffield motioned to add item 9C, change time of the Work Session Meetings to the agenda. The motion carried unanimously. VOTE = Approval of Agenda Counciwoman Maurer motioned to accept the agenda as amended. The motion carried unanimously. ADDRESSES THE COUNCIL Donna Ross, 327 Plantation Drive, addressed the Council in support of the Parks and Recreation Advisory Board recommendation of Don Fogle for appointment to the Parks and Recreation Advisory Board. CONSENT AGENDA The Mayor presented the Council with the Consent Agenda. Councilman Sheffield moved to approve the Consent Agenda as presented. The motion carried unanimously. Within this motion the following items were approved: A. Approve: Minutes of the January 12, 2023 Work Council Meeting Minutes of the January 19, 2023 Regular Council Meeting Minutes of the March 10, 2022 Work Council Meeting - Amended ITEM7 River Bend Town Council Regular Session Minutes Feb. 16, 2023 2of8 TOWN MANAGER'S REPORT The Manager stated that on January 25, 2023, there was a celebration for Mr. Bud Van Slyke Jr. for his dedication to the Town. During the celebration Councilman Sheffield read a poem that he had written for Mr. Van Slyke. At this time, Councilman Sheffield presented the poem to the audience. The Manager gave the following update on Town projects: The annual audit report will be presented at the March work session. The Water Meter Replacement Project is nearly complete with 1,479 meters replaced out of 1,500 meters. The plumbing has been installed at the site of the new Public Works Building and the concrete will be poured soon. The Channel Run Drainage project is nearly complete. ADMINISTRATIVE REPORTS ENVIRONMENTAL AND WATERWA) IYS ADVISORY BOARD- COUNCILMAN LEONARD Councilman Leonard presented the following report. EWAB met at 7 PM on Monday, 6 February 2023 in the small conference room in the Municipal Building. Chairman Ackiss called the meeting to order, there was a quorum. There were two visitors. The minutes from the November 2022 meeting were approved. Councilman Leonard gave a council update. Old business: discussion about bulkhead inspections, EWAB has the GIS maps and will start the inspections soon. New business: No new business. There will not be a EWAB meeting in March 2023. Next meeting will be on April 3rd, 2023, at 7 PM in the small conference room in the Municipal Building. The meeting adjourned at 7:37 PM. PLANNING BOARD = COUNCILMAN SHEFFIELD Councilman Sheffield presented the following report. The regular meeting of the River Bend Planning Board was held on Feb 2nd at 6:00pm in the Municipal Building. A quorum was present, as were several interested citizens. Chairman Lippert called the meeting to order. He then invited guests to speak. TwO people spoke in opposition to conditional zoning, mostly citing potential legal vulnerabilities. The usual reports were given and the last meeting's minutes approved. Under old business the board took up changes to the conditional zoning ordinance as directed by the town council. Portions of the text were examined. There was much discussion. Changes were agreed upon. The board voted to approve the amended ordinance and send it to the town council. Under new business, local developer, Jay Amman addressed the board with a potential development in the area between The Howell Center and Riverstone. The approximately 20 acre plot is currently zoned for institutional use. Mr. Amman would like to rezone the property PDR-MF to allow him to build approximately 45 duplex homes. He passed around a rough design of the project. He explained that older people are in need of places to downsize from their larger homes in River Bend. He used his mother as an example. The board discussed the idea and asked questions. Mr. Amman was sufficiently encouraged to return at a later date with a much more detailed plan. The meeting was adjourned. The next regular meeting is set for March 2nd at 6:00pm. The meeting is open to anyone interested. DISCUSSION = Draft Conditional Zoning Ordinance Review Councilman Sheffield stated that the Planning Board has addressed their concerns regarding the draft conditional zoning ordinance and recommends the draft ordinance to the Council. Councilman Sheffield stated that the Town Manager had sent the draft ordinance to the Council ITEM7 River Bend Town Council Regular Session Minutes Feb. 16, 2023 3of8 for review and asked for any comments prior to this meeting. Councilman Castranova stated that he would like the Town Attorney to address the burden shifting if the Town will be engaging in spot-zoning". Councilman Leonard asked for the definition of spot-zoning" and the Town Attorney stated that spot-zoning" would be zoning smaller tracks of land different from the surrounding land with similar characteristics. Councilman Castranova asked the Town Attorney if he thought the Northwest Quadrant would be considered spot-zoning" and the attorney stated he did not feel it would be considered that. Councilman Castranova stated he is concerned with the area in the draft ordinance that gives the Zoning Administrator the discretion to move the location of buildings to an approved site plan and he feels that section 8B can be eliminated. The Town Attorney stated he would address this in his review of the draft ordinance, once the Council directs him to review the ordinance. Councilman Leonard asked that the attorney also state what language is required by the state of North Carolina and what does the town have discretion to alter. He also stated if anyone has any proposed changes to provide those, as this is not the final ordinance. He also stated that this Conditional Zoning Ordinance is not affiliated with any developer or any tract of land, that this is about the town's ordinances that are outdated and the town does not have adequate control. Councilman Castranova stated that he disagrees and feels that this Conditional Zoning Ordinance is directly for Ellis Development. Councilman Weaver stated that he has inquired about how conditional zoning was presented to River Bend and it was explained to him that Ellis Development is a group that develops property all over the state and Ellis stated that the Town of River Bend does not have conditional zoning and it's a tool that other municipalities use that allow the municipality and the development group to negotiate items that are mutually beneficial. He stated that Ellis Development is the one who mentioned it because the town is outdated on our ordinances as compared to other municipalities. He stated that this conditional zoning ordinance is a separate issue. Counciwoman Maurer stated that this ordinance would apply to any developer that intends to develop property in River Bend, not just Ellis Development. Councilman Weaver stated that a conditional zoning ordinance does not mean that anyone who applies for rezoning will be approved. Councilman Castranova stated that he has many concerns with the conditional zoning ordinance and one of the concerns is that Ellis Development wants conditional zoning and the Town is considering it. He asked about additional property in River Bend that may need to be developed and the Mayor stated that the Town of River Bend has never developed land previously and this is the very first venture since the Town was incorporated. Councilman Sheffield stated that he understands the differences of conditional zoning and no conditional zoning and there will still be a vote. He stated that his problem with Ellis Development is density and hei feels their plans have not changed. Councilman Castranova stated that he does not want to go into budget season negotiating conditions with a developer he does not trust. Councilman Sheffield stated that this conditional zoning ordinance is about the zoning. Councilman Castranova stated that if the they intend on keeping the property in the Northwest Quadrant zoned as it is currently, why does the Town need conditional zoning. Councilman Leonard stated that anything that comes before the Council will need a majority vote and at the time, there is nothing for Ellis Development presented to the Council. He stated that anyone can purchase the property and apply for rezoning and he does not think the town has the needed tools. The Mayor stated the Manager asked the Council to present their concerns in writing and no one responded. Vote - Draft Conditional Zoning Ordinance Review - Councilman Sheffield motioned to direct the Town Attorney to review the Conditional Zoning Ordinance recommendation and report any areas of concern to the Town Council. The motion carried unanimously. DISCUSSION = Work Session Meeting Time Councilman Sheffield stated that the Council had voted to change the time of the work session meetings on December 15, 2023, from 5:00 p.m. to 6:00 p.m. He stated that he feels 7:00 p.m. ITEM7 River Bend Town Council Regular Session Minutes Feb. 16, 2023 4of8 would be a more convenient time for town employees and working residents to attend the meetings. Vote = Work Session Meeting Time - Councilman Sheffield motioned to change the time of the Work Session Meetings to 7:00 p.m. The motion carried unanimously. PUBLIC SAFETY. -COUNCILMAN WEAVER Councilman Weaver presented the following reports on Community Watch. Community Watch Community Watch met on February 15, 2023 and the recent breaking and entering were discussed. It was also discussed that Community Watch and the Police Department want to start working closer together. The next meeting is scheduled for June 21, 2023. DISCUSSION = Request Parks and Recreation Facilities Assessment Councilman Weaver stated that he requests the Parks and Recreation Advisory Board to complete an analysis on the park areas. He stated that he would like to see an upgrade to the current equipment and possible new areas for older children. Councilman Leonard asked if Councilman Weaver was recommending a particular area or expanding to new areas and Councilman Weaver stated that initially he was referring to the current parks, but Councilman Sheffield has suggested an additional area. Councilman Sheffield stated that he would like to have a riverfront park for the community to enjoy, but has not felt the timing is right with the current ongoing projects in town. Vote = Request Parks and Recreation Facilities Assessment = Councilman Weaver motioned to direct the Parks and Recreation Advisory Board to assess the town's current park facilities and provide a recommendation for Council's consideration on improvements to and expansion of the town's park facilities. The motion carried unanimously. PARKS & RECREATION - COUNCILMAN CASTRANOVA Councilman Castranova presented the following reports. Red Caboose Library (RCL) Councilman Castranova stated that the Red Caboose Library met on February 9, 2023, and he was unable to attend. He stated there was an annual volunteer luncheon and they have finalized their annual report. He also stated that there was discussion about finding the library a permanent location. He stated there was discussions about the Craven-Pamlico Book Mobile visiting River Bend. River Bend Community Organic Garden (RBCOG) Councilman Castranova stated the garden met on February 6, 2023, and he was not able to attend. He stated that there are some vegetables ready to harvest and the garden is in need of some manure, straw and hay. The Green Team met on February 15, 2023, and the RBCOG has partnered with a school for composting program. Parks & Recreation Councilman Castranova stated that Parks and Recreations Advisory Board is scheduling the Easter Egg Hunt and the July 4 event. He stated that the Parks and Recreation Advisory Board has recommended the three applications that were submitted for appointment. He stated that he felt Donna Ross's speech regarding the recommendation of Mr. Fogle was good. He stated that the Parks and Recreation Advisory Board understands the controversy regarding Mr. Fogle and ITEM7 River Bend Town Council Regular Session Minutes Feb. 16, 2023 5of8 the Parks and Recreation Advisory Board wants to work with the Fogles. He stated that he believes that the board could really use Mr. Fogle's experience. Vote Parks & Recreation Advisory Board Appointment - Councilman Castranova moved to appoint Nancy Fogle to the Parks & Recreation Advisory Board for a term beginning February 16, 2023, and expiring June 30, 2023. The motion carried unanimously. Vote - Parks & Recreation Advisory Board Appointment - Councilman Castranova moved to appoint Rebekah Royston to the Parks & Recreation Advisory Board for a term beginning February 16, 2023, and expiring June 30, 2023. The motion carried unanimously. At this time, Councilman Castranova asked if there was anyone who signed up for public comments regarding Mr. Fogle. River Bend resident, Mary Holihan stated that she did. Councilman Weaver stated that the Parks and Recreation Advisory Board has approved Mr. Fogle's application and that board would be the board working with him and he feels that should be taken into consideration. He also stated that the ordinance allows the Council to remove anyone from an advisory board if they should need to. Councilman Castranova stated that he has received many emails in support of Mr. Fogle and very few against Mr. Fogle's appointment. He stated that he thought more citizens would be speaking in regards to Mr. Fogle. Vote - Parks & Recreation Advisory Board Appointment - Councilman Castranova moved to appoint Don Fogle to the Parks & Recreation Advisory Board for a term beginning February 16, 2023, and expiring June 30, 2023. The motion failed (Castranova and Weaver voting aye and Leonard, Maurer and Sheffield voting nay). CAC- Councilwoman Maurer Councilwoman Maurer presented the following report. Community Appearance Commission (CAC) The CAC did not meet in February. The next award event, Yard of the Month, takes place in April. Craven County Cooperative Extension Director Dr. Tom Glasgow is scheduled to meet with CAC Chair Brenda Hall and Town Manager Jackson to discuss the condition of trees and plants along Plantation median. There currently are three vacancies on the Community Appearance Commission. This is an active group. Current projects and programs include the holiday and festive homes awards, the Plantation Drive update, which includes an evaluation of all the vegetation on the Plantation median, making Christmas light globes, and more. Members may get involved in one or all of the projects. If you are interested, attend the next meeting and find out more about joining the board or just volunteering for a project. The next meeting is scheduled for March 15 at 4 pm. FINANCE - Councilman Leonard Financial Report = Finance Director, Mandy Gilbert, presented to the Council the financial statement for the month of January. She stated the total of the Town's Cash and Investments as of January 31, 2023, were $4,450,963 and Ad valorem tax collections for FY22-23 were $615,829 and Vehicle Ad valorem tax collections were $48,919. DISCUSSION = Water Resources Policy Manual Councilman Leonard then called on the Town Manager. Town Manager Jackson stated that the town utilizes a third party system, Official Payments - ACI Online, for processing credit card payments for utility services. He stated that the provider charges a fee to the payer to use this service, and this fee has changed over the past few months. He stated that the current Water Resources Policy Manual states the fees and with those fees changing, the policy would need to ITEM7 River Bend Town Council Regular Session Minutes Feb. 16, 2023 6of8 be amended every time the fees change. He presented a proposed amended policy with a general statement stating fees are charged to the payer. Vote - Water Resources Policy Manual Councilman Leonard motioned to approve the Amendment to section 5.C of the Water Resources Policy Manual as presented The motion carried unanimously. (see attached) MAI YOR'S REPORT The Mayor presented the following report. The article below was shared with the River Bend Community in December, 2020 when we began to come to grips with the COVID-19 pandemic. As we begin Town Operations in the year 2023 it is appropriate to look at how we have managed to adjust and move forward. As 2020 began it was easy to predict that the happenings during the New Year would closely track what had occurred in 2019. Then came COVID-19 and the term "normal" was largely abandoned. By March it was obvious to most that the normal for operations at all levels and in all organizations was no longer an option. The Town Staff, under Manager Jackson's leadership, has adapted to the changing conditions and mandates and most services provided by the Town have continued without interruption. We have accepted the inconvenience that the new norm has eliminated large assemblies, required "social distancing" and recommended the wearing of face masks. Complying with these requirements resulted in the cancelling of the long running River Bend July Fourth celebration, the normal celebration of Halloween night for children and now the annual Christmas Tree Lighting. These inconvenient departures from the comfortable River Bend normal have been a change that the entire nation and most of the world has in, the same fashion, been forced to follow. We have all witnessed that some nations have been more successful in reducing deaths from the virus while others have failed to make the needed adjustments. Statistics demonstrate the folly of denying scientific practice. We shall continue to follow the appropriate guidance that is promulgated by health officials of the County and State. The residents will be kept informed of the current required safety practices. Our collective prayer should be that an effective vaccine is developed that will keep the population immune to the COVID-19 virus and lessen the suffering of thousands. We must not grow tired of the precautions that must be followed for our individual and community safety during these unusual times. 2023 IN RIVER BEND We all have reason to express thanks to Town Manager Jackson, and the Town Staff that he leads, for the remarkable accomplishments that they have made during these "uncharted" times. The Congress has, in a refreshing nonpartisan way, passed legislation that appropriated significant funding for infrastructure construction. These funds were to be granted to municipalities by state agencies. Manager Jackson worked with the appropriate state agencies and secured grants to fund a number of projects. Those projects involve (1) $ 732,310 to replace all the water meters with new meters that will allow remote radio read. (2) $ 9,108,500 to upgrade the Town's wastewater treatment plant. This project will upgrade the existing plant that is nearing the end of its useful life span. (3) $ 964,378 To replace the Town's Public Works building. The present building is in the floodplain and received damage during Hurricane Florence. This grant supports the construction of a new Public Works Building on Plantation Drive in the area adjacent to the 300,000 gallon water tank at a cost of $ 1,996,136. As the Manager worked through the details of obtaining these grants he also made state regulatory staff members comfortable that River Bend personnel were knowledgeable of the regulatory demands associated with our permitted water and wastewater systems. This positive contact will serve the Town well in the future. ITEM7 River Bend Town Council Regular Session Minutes Feb. 16, 2023 7of8 The development of the effective COVID-19 vaccine has blessed River Bend and all of mankind. That vaccine has allowed the United States to relax most of the precautionary restrictions discussed in the 2021 report, which is reprinted above. Clearly the Manager and Staff have survived the emergency well and have continued to serve our population without compromising health and safety. It is safe to say that River Bend is in a stronger position than existed at the beginning of Covid-19. That strength came from the day-by-day efforts of the Manager and Staff to address the details as external demands dictated. Thanks to all who have read this assessment of events that have been accomplished in River Bend over the last two years of unprecedented change. PUBLIC COMMENT Linda Klopf, 103 Randomwood, stated that the Red Caboose Library has partnered with the Craven-Pamlico Book/Tech Mobile and it will be visiting River Bend in the near future. Patty Leonard, 106 Knotline, stated that there will be a Dementia Live event at the Municipal Building on March 17, 2023, and the event is sponsored by the ECCOG (Eastern Carolina Council of Government). Sandra Barta, 404 Gatewood, stated that she would like to recognize the Friends of Craven County Sheriff's Office for donating a doghouse to the town for the dog pen that was previously donated by a family in River Bend for holding stray / lost animals. Nancy Fogle, 107 Anchor Way, thanked the Council for appointing her to the Parks and Recreation Advisory Board but is disappointed with the votes regarding Don Fogle's appointment and she resigned from her newly appointed position on the Parks and Recreation Advisory Board. ADVOURNMENTRECESS There being no further business, Councilman Sheffield moved to adjourn. The meeting adjourned at 8:27 p.m. Kristie J. Nobles, CMC Town Clerk ITEM7 River Bend Town Council Water Resources Department Policy Manual Regular Session Feb. 16, Minutes 2023 8of8 require a meter reader to read each individual meter. However, the technology is dependent upon the customer maintaining the area of the meter box serving the property in a manner that keeps it unobstructed by shrubs, grass, weeds, mulch, dirt, or other similar materials. Similarly, vehicles may not be parked over the water meter. If a "radio read" meter fails to transmit reading data, an operator will visit the location. If the failure to transmit is due to customer (or their agent) obstruction or due to damage caused by a customer (or agent), notice will be given to the customer, and a fee to recover repair costs shall be invoiced and applied to the customer's account. C. Application of Payments and Payment Options Partial payment ofb balances due on a customer's account shall be applied in the following order: 1. Charges and fees such as, but not limited to, late payment penalties, nonpayment fees, and charges resulting from damage to Department equipment and/or property. 2. Sewer service charges (if applicable) 3. Water service charges Payment Drop-Box: A drop-box is located in the center island of the Town Hall parking lot for check and money order payments. Cash payments are receipted in Town Hall during regular business hours, Monday - Friday, 8:00 a.m. to 4:00 p.m. Any payments placed in the drop-box after 4pm will be posted the next business day. Direct Bank Draft: Customers can have their bill drafted directly from their bank account each billing cycle. A completed Enrollment Form along with a voided check is required to sign up for this service. On-line or by Phone: The Town accepts payments by credit cards, debit cards, and electronic checks through ACI Payments, Inc., a third party company. Payments may be made through Official Payments by using their secure web site ori interactive voice response phone system. Their web-based service provides a record of payment, and the phone system a confirmation number. ACI Payments, Inc. will charge a separate convenience fee for credit card payments and E-Check payments. Please note, ACI Payments, Inc. will charge a return fee for returned E-Check payments. These fees will show up as a separate charge on your credit card or bank statement. Visit their web site at woTIcApaymeNs.cOnN or call 1-800-272-9829 to use their phone payment option with your credit card or "PIN-less" debit card. To properly process your payment, you will need to provide your River Bend nine digit account number and River Bend's unique "jurisdiction number" which is 3963. D. Billing Adjustments If the Department has overcharged or undercharged a customer for service, the Department will correct this error subject to the following procedures: 1. If the Department has overcharged a customer for service, the Department will, at the Department s option, refund to the customer or credit the customer's account, without interest, the excess amount, subject to the following limitations: A. If the time period over which the mistake occurred can be determined, the Department should credit or refund the excess amount charged the account for that entire interval, 14 ITEM 8 POLICE / RIVER BENID POLICE DEPAIIMIENT BEND MIONTILY ACTIVITY EPOIT 2025 ACTIVITIES 2025 2025 2025 % of Total Calls % Change March April May Last 2 Mos. 1 ALARMS / 911 UNKNOWN / DISTURBANCE, / SHOTS FIRED (0) 7 7 9 0.60% 29.00% 2 ANIMAL COMPLAINTS 5 7 11 0.73% 57.00% 3 ARRESTS 1 2 1 0.07% -50.00% 4 ASSAULTS / ALL OTHER VIOLENT CRIME 1 2 2 0.13% 0.00% 5 ASSIST CITIZENS / LOCK OUT / QUALITY OF LIFE ISSUES 30 26 25 1.67% -4.00% 6 ASSISTE EMS / FD/ / FIRSTI RESPONDERS / MED ASSIST 29 31 36 2.40% 16.00% 7 ASSIST MOTORISTS, / FOOT PATROLS) / ALL OTHER 40 52 55 3.67% 6.00% 8 ASSIST OTHER AGENCIES 3 2 2 0.13% 0.00% 9 B & El BUSINESS / RESIDENCE, / VEHICLE 0 0 0 0.00% 0.00% 10 CRIM. SUMM. / SUBPOENAS / WARRANTS / CIVIL COMPLAINT 8 4 5 0.33% 25.00% 11 DOMESTICS 3 1 4 0.27% 300.00% 12 FIRES / ALARM 4 2 4 0.27% 100.00% 13 IDENTITY THEFT/ / FRAUD 3 1 4 0.27% 300.00% 14 INVOLUNTARY COMMITMENTS 1 0 2 0.13% 0.00% 15 JUVENILE COMPLAINTS 1 2 2 0.13% 0.00% 16 LARCENIES 0 1 3 0.20% 200.00% 17 LITTERING 0 1 1 0.07% 0.00% 18 LOUDI MUSIC / NOISE COMPLAINTS 1 0 3 0.20% 0.00% 19 DEATH/ / MISSING PERSON / RUNAWAY, / SUICIDE(A) 2 0 3 0.20% 0.00% 20 PROPERTY DAMAGE, / VANDALISM 0 1 2 0.13% 100.00% 21 RESIDENTIAL, / BUSINESS CHECKS / COMMUNITY WATCH 1,848 1,112 1,211 80.90% 9.00% 22 ROADWAY DEBRIS / OBSTRUCTIONS 0 0 0 0.00% 0.00% 23 ROBBERIES 0 0 0 0.00% 0.00% 24 SOLICITING VIOLATIONS 0 2 1 0.07% -50.00% 25 SUSPICIOUS PERSONS / VEHICLES, /F FIELD INTERVIEW 8 6 8 0.53% 33.00% 26 TOWN ORDINANCE CITATIONS 1 4 1 0.07% -75.00% 27 TOWN ORDINANCE VIOLATIONS 1 5 2 0.13% -60.00% 28 TRAFFICA ACCIDENTS 2 2 1 0.07% -50.00% 29 TRAFFICS STOPS 37 60 60 4.01% 0.00% 30 TRAFFIC COMPLAINTS-RADAR 2 9 7 0.47% -22.00% 31 DWI 1 0 0 0.00% 0.00% 32 CHECKPOINTS 1 0 1 0.07% 0.00% 33 DRUGI VIOLATIONS 0 0 1 0.07% 0.00% 34 WELFARE CHECKS 6 0 11 0.73% 0.00% 35 CASE ASSIST/F PW / VEHICLE MAINTENANCE, / MEETING 5 5 5 0.33% 0.00% 36 CASE FOLLOW UPS / SPECIAL OPERATION /1 TRAINING 12 12 13 0.87% 8.00% 37 TRESPASSING 0 1 0 0.00% -100.00% 38 OVERDOSE 0 0 1 0.07% 0.00% 39 TOTAL 2063 1360 1497 100.00% 10.00% Traffic Violations Community Watch Checks Phone Calls Answered (638-1108) 21 State Citations 63 100 Pirates 175 Incoming Calls 23 Total State Charges 70 100 Plantation State Warnings 60 200 Lakemere 1 Town Citations 69 200 Rockledge 1 Town' Warnings 49 Piner Estates The data being presented in this report is a representation of the orginal call as it was dispatched. ITEM 8 TOWN OF RIVER BEND 45 Shoreline Drive River Bend, NC 28562 T 252.638.3870 F 252.638.2580 CARO www.verbendnc.org May 2025 Monthly Report Brandon Mills, Director of Public Works This month, the Public Works Department has done an excellent job maintaining the town's appearance by keeping up with mowing around public buildings and along right-of-ways. Their efforts help ensure our community continues to look clean and well- kept. In addition, the front entrance pond was treated with an approved herbicide to manage unwanted vegetation and promote a healthier, more attractive area. Several potholes throughout town were also patched this month, helping to preserve our roadways and prevent further deterioration. We routinely monitor our roadways looking for cracks, potholes, etc. and make the necessary repairs as needed. Water Resources has remained diligent in ensuring we stay in compliance with all permits and regulatory requirements. This month, staff responded quickly to issues at a couple of lift stations where pumps had become clogged. The problem pumps were identified, pulled, cleaned, and returned to service promptly, minimizing downtime and ensuring continued system reliability. Quickly identifying and addressing lift station pump issues is critical to minimizing the risk of sanitary sewer overflows, which can pose serious environmental and public health concerns. Timely maintenance/monitoring of the system ensures the system continues operating efficiently and protects our waterways and community. If you have any questions concerning the Water Resources/Public Works Department, please call us at 252-638-3540, Monday-Friday, 8am-4pm. After hour's water and sewer, emergencies can be reported by dialing the Town Hall at 252-638- 3870. You will be instructed to dial "9" and follow the directions to contact the on-call duty operator. You will then be asked to enter your phone number at the sound of the tone. After entering your phone number, the automated system will inform you that your page has been sent. Please, be patient and our utility systems operator will return your call. If you do not receive a call back within ten minutes, please notify the Police Department at 252-638-1108, and they will get in contact with the on-call utility systems operator. ITEM 8 Public Works Work Orders Water Resources Work Orders FY 2024-25 FY 2024-25 Painting 0.7% Building Maint. 14% Utility Locates Park/ 38% Playground Sewer Collection, Other 14% 11% 11% Sewer Treatment Wetlands / TreeMaint. Roadway Maint. 9% Ponds Service Orders 2% 6% 25% 25% Water Trash/Litter Distribution 22.2% Stormwater Water 7% Maint. Treatment 10% 10% Total Work Orders - FY 2024-25 350 300 250 200 - Orders Entered 150 - Orders Closed 100 50 0 July Aug Sept Oct Nov Dec Jan Feb March April May June ITEM 8 Water Resources - Work Orders 200 150 100 Entered 50 Closed 0 July Aug Sept Oct Nov Dec Jan Feb March April May June Public Works - Work Orders 200 150 100 a Entered - a Closed 50 0 H July Aug Sept Oct Nov Dec Jan Feb March April May June Printed 6/17/2025 Town of River Bend ITEM 8 FY 2024-2025 Work Order Report Public Works YTD Pending Orders Entered July Aug Sept Oct Nov Dec Jan Feb March April May June Building Maintenance 31 30 30 29 30 29 31 30 29 30 30 329 0 Painting 1 3 2 1 2 0 1 0 0 1 0 11 0 Park/Playground 35 31 33 30 31 32 30 32 31 30 33 348 2 Roadway Maintenance 19 17 15 13 8 11 13 15 14 13 11 149 0 Stormwater Maintenance 10 7 12 10 12 9 8 6 5 8 6 93 Trash/Litter 31 31 30 33 31 33 31 28 31 30 31 340 Tree Maintenance 9 8 6 5 4 2 4 8 6 1 4 57 1 Wetlands / Ponds 3 4 3 4 2 1 1 1 1 3 2 25 1 Other 11 14 16 20 22 19 20 17 12 14 13 178 1 TOTAL 150 145 147 145 142 136 139 137 129 130 130 1530 5 Orders Closed 142 139 140 138 135 131 134 132 125 127 125 1468 Water Resources YTD Pending Orders Entered July Aug Sept Oct Nov Dec Jan Feb March April May June Sewer Collection 16 15 13 14 12 8 10 12 10 18 16 144 0 Sewer Treatment 15 14 12 11 12 10 9 10 9 11 14 127 2 Water Distribution 12 10 9 12 10 12 10 6 7 5 9 102 0 Water Treatment 13 11 10 14 13 12 15 14 12 14 11 139 2 Service Orders 20 18 30 35 30 35 40 30 26 45 30 339 0 Utility Locates 98 66 41 43 31 47 24 43 46 45 39 523 1 TOTAL 174 134 115 129 108 124 108 115 110 138 119 0 1374 5 Orders Closed 169 130 110 122 103 120 105 111 107 134 114 1325 TOTAL July Aug Sept Oct Nov Dec Jan Feb March April May June YTD Orders Entered 324 279 262 274 250 260 247 252 239 268 249 0 2904 Orders Closed 311 269 250 260 238 251 239 243 232 261 239 0 2793 ITEM 8 MONTHLY ZONING REPORT MONTH May YEAR 2025 Activity Monthly YTD Total Permit Applications Received 10 85 Permits Issued 10 85 Fees Collected 533.60 5232.80 Violations Noted During Weekly Patrol 33 120 Complaints Received From Citizens 0 8 Notice Of Violations Initiated 20 90 *see details below Remedial Actions Taken By Town 0 0 Detail Summary Address Violation Date Cited 309. Plantation Drive Debris/Junk 7-May 278 Shoreline Drive Boats, trailer 7-May 272 Shoreline Drive Trailer 7-May 213 Shoreline Drive Trailer 7-May 101 Plantation Drive Trailer 7-May 211 Plantation Drive RV 7-May 108 Gangplank Road Trailer 7-May 600 Plantation Drive Jet Ski 7-May 215 Channel Run Drive Boat 7-May 220 Channel Run Drive RV 7-May 104 Channel Run Drive Grass 7-May 702 Plantation Drive Trailer 14-May 50 Shoreline Drive Grass 19-May 103 Knotline Road Boat; cars in grass 21-May 207. Shoreline Drive Boat 28-May 113 Norbury Drive Trailer 28-May 145 Canebrake. Drive Trailer 28-May 189 Canebrake Drive Boat 28-May 210 Rockledge Road Boat 28-May 212 Randomwood Lane Trailer 28-May ITEM 10 Town of River Bend OF RIVER 6 1981 TH EOISS Monthly Financial Report Printed 6/16/2025 ITEM 10 This monthly report is provided as an oversgnt/management tool for the Town Council ofthe Town of1 River. Bend. For ease ofreporting, and in order to be consistent with the categories used in the annual budget process, this report. summarizes the revenue and expenses in each ofthe three operational areas ofthe Town. Anyone interested in more detail, or further explanation ofthe contents of this report, is encouraged to contact Finance Officer. Mandy Gilbert. Notes The cash balances shown on page one are the amount of cash in each specific accounting fund. These funds are deposited in separate investment accounts. Pooled cash accounts used for operating funds but accounted for, in our internal systems, as individual accounts. Interest attributable to each account is allocated based upon the total rate of return of the account(s). The FY Budget columns represents the original and current budget. As the fiscal year goes on and unforeseen expenses or revenues occur, we need to adjust the budget. The Council does this by formal amendment during a Council meeting. Asterisked lines represent those budget items that have been amended since adoption. Because this is an annual budget, it is important to note that many lines shown in this report will vary, some significantly, from month to month, and in different times of the year. In many instances, capital payments for current fiscal year projects are made early in the fiscal year and the majority of our ad valorem tax receipts occur in the middle of the fiscal year. This is another reason to maintain an adequate fund balance. Town of River Bend Financial Dashboard Visit our web site ntp/www.rverbenancor/lmance.htm. to view the Financial Dashboard. These dashboards are designed to give the user a quick overview of the status of revenues and expenditures in each ofthe Town's three major funds as reported in the Monthly Financial Report. Printed 6/16/2025 Printed 6/16/20 Town of River Bend ITEM 10 Financial Report Fund Cash Balances Fiscal Year 2024 - 2025 Cash Balances July Aug Sept Oct Nov Dec Jan Feb March April May June - General Fund* 1,228,219 1,093,672 1,165,107 1,151,955 1,060,936 1,497,909 1,455,934 1,549,270 1,542,991 1,479,521 1,376,274 2 Powell Bill 54,542 54.542 54,543 109,085 109,086 109,087 3 General Capital Reserve 115,788 116,301 116,786 117,258 117,701 118,147 118,578 118,966 119,394 119,808 120,236 4 Stormwater, AIA Project (60,000) (60,000) (60,000) 5/Law Enforcement Separation Allowance 51,855 52,085 52,302 52,514 52,712 52,912 53,105 53,279 53,470 53,656 53,847 6 Water Fund" 537,780 572,687 566,785 600,153 592,353 617.104 557,862 599,300 592,639 614.446 476.311 7Water Capital Reserve Fund 21,363 21,458 21,547 21,634 21,716 21,798 21,878 21,949 22,028 22,105 22,184 8 Water AIA Grant Project (3.000) 9Water Treatment Plant Capital Project (170,926) (171,566) (171,566) (171,566) (171,566) (171,566) (1,966) (1,966) 28,314 (1,966) (1,966) 10Water Treatment Improvement Project (5.000) (5,000) (5.000) (5,000) (5.000) 11 Sewer Fund* 755,848 780,999 774,165 808,717 786,280 810,678 807,209 843,695 843,964 871,444 739,276 12 Sewer Capital Reserve Fund 25,108 25,220 25,325 25,427 25,523 25,620 25,714 25,798 25,891 25,980 26.073 13 Sewer AIA Grant Project 5,000 5,000 14/WWTP Capital Projects Fund (1,088) 20,039 (1,770) (1.770) (1,770) (1.088) (1,208) (1.208) (4.984) (1.973) (2,346) Total Cash and Investments 2,563,947 2,510,894 2,603,222 2,658,865 2,538,429 3,080,599 3,081,190 3,253,170 3,158,707 3,183,021 2,806,888 Truist Cash Accounts 256,552 193,268 370,279 416,883 287,988 508,591 386,355 356,464 292,720 248,119 266,711 U *These operating funds have equity in the Truist pooled accounts. In order to obtain more favorable interest rates, the Town deposits funds in the North Carolina Capital Management Trust. We move funds between our cash Cash accounts and these investment: accounts to accommodate cash flow for our payables and as revenues are received in order to maintain an adequate amount of 10%/ cash for operational needs while attempting to minimize bank fees and maximize interest revenue. Based upon historical cash flow and current encumbrances, our staff anticipates the level of cash needed to meet our obligations without having to make an inordinate number oft transfers between accounts. On the table above, the term cash includes those funds we hold in accounts in our designated banking institution (currently Truist). We have two accounts with Investments Truist, a Money Market account that pays a competitive rate of interest, and an operating (checking) account from and to which we make all regular payments and 90% deposits. The table below shows the balances of each fund account wel have in NCCMT at the end of the month. The chart to the right shows how our funds are apportioned between operating cash and investments. Investments in NCCMT July Aug Sept Oct Nov Dec Jan Feb March April May June 1 General Fund 1,084,896 1,012,596 961,623 904,499 941,933 1.214.956 1,293,414 1,402,664 1,389,696 1,394.513 1,282,812 2Powell Bill 3Capital Reserve (General Fund) 115,788 116,301 116.786 117,258 117,701 118,147 118,578 118,966 119,394 119,808 120,236 4Law Enforcement Separation Allowance 51,855 52,085 52,302 52,514 52,712 52,912 53,105 53,279 53,471 53,656 53,848 5Water Fund 395,194 436,003 422,763 456,482 450,200 472,445 465,562 514,103 502,837 530,546 386,043 6Water Capital Reserve Fund 21,363 21,458 21,547 21,634 21,716 21,798 21,878 21,949 22,028 22,105 22,184 7Sewer Fund 613.190 653,963 632,598 664.166 640,656 666,128 716,585 759,946 752,669 788.293 648,983 8 Sewer Capital Reserve Fund 25,108 25,220 25,325 25,427 25,523 25,620 25,714 25,798 25,891 25,980 26,073 Total Investments 2,307,395 2,317,626 2,232,944 2,241,982 2,250,441 2,572.007 2,694.835 2,896.706 2,865,986 2,934,902 2.540,178 U Printed 6/624TEM 10 Town of River Bend Financial Report General Fund Fiscal Year. 2024 2025 Revenue Fiscal Year Budget July Aug Sept Oct Nov Dec Jan Feb March April May June FY to Date PY Original Current Total % Budget % Budget 1Ad Valorem Taxes 980,165 980,165 1,662 13,208 80,104 46.254 41.318 496,514 83,952 181.728 25.,352 8.437 4.758 983,286 100.3% 105.1% 2/Ad Valorem Taxes -Vehicle 104,400 104,400 - 13,648 11,069 9,342 16,937 9,882 9,584 9,185 11,770 10,897 102,315 98.0% 104.1% 3Animal Licenses 1,500 1,500 70 40 10 40 120 610 540 590 160 90 2.270 151.3% 106.7% 4Local Gov't Sales Tax* 431,000 445,312 36,474 45,078 47,502 43,360 43,911 36,212 40,238 44,829 47,683 38,614 38,218 462,119 103.8% 91.1% 5Hold Harmless Distribution 112,233 112,233 8,770 11,635 12,469 11,720 11,508 11,126 11.539 11.666 12.901 9,651 9,786 122,770 109.4% 97.9% 6Solid Waste Disposal Tax 2,200 2,200 542 - - 576 - 548 - - 562 2,228 101.3% 104.2% Powell Bill FundAppropriation - - - - 0.0% 0.0% 8Powell Bill Allocation 101,000 101,000 - 54,542 - - 54,542 - - 109,083 9 108.0% 100.0% Beer & Wine Tax 13,225 13,225 - - - 11,462 11.462 86.7% 106.4% 10Video Programming Tax 47,041 47,041 - - 11,349 - 12,247 11,021 34,616 11 73.6% 72.5% Utilities Franchise Tax 116,156 116,156 25.708 37.370 - - 31,352 94.430 81.3% 73.1% 12,Telecommunications Tax 6,779 6,779 - 1,683 1,900 1,751 - 5,334 78.7% 85.3% 3 Court Cost Fees 500 500 27 45 68 68 27 29 27 14 23 9 41 375 75.0% 92.1% 14Zoning Permits 7,000 7,000 222 108 571 1,575 362 272 182 519 316 519 568 5,215 74.5% 169.1% 15/Federal Grants" 23,364 6.185 6,185 26.5% 0.0% 16Federal Grants- BVPF Program - - - - - - - - - 1,109 1,109 #DIV/O! 0.0% 17_State Grants 0.0% 0.0% 18Federal Disaster Assistance - - - 0.0% #DIV/O! 19State Disaster Assistance 0.0% 0.0% 20Miscellaneous 15,000 15,000 358 971 85 72 1.795 360 542 1,472 329 1,081 294 7,359 49.1% 162.7% 21_Insurance Settlements - 2,916 2.916 #DIV/O! - #DIVOI 22/Interest- Powell Bill 50 50 0 0 0 0 1 1 1 4 7.7% 0.7% 23Interest- t-Investments 44,533 44,533 5,087 4.701 4.027 3,878 3,434 4.023 4.460 4.250 5.032 4,817 4.799 48,508 108.9% 163.2% 24/Contributions 900 900 660 9 - - - - - - 668 74.3% 71.1% 25 Wildwood Storage Rents 18.144 18.144 1,610 1,636 1,627 1,638 1,617 1.623 1,617 1,617 1,638 1,648 1,650 17.921 98.8% 99.9% 26_Rents & Concessions 18,000 18,000 2,020 1,640 1,720 1,680 1.760 1,960 2,100 1,860 1,880 1,760 1,740 20,120 111.8% 104.9% 27Salec of Capital Assets 0.0% 100.0% 28Sales Tax Refund Revenue - - 0.0% 0.0% 29 Trans. from Capital Reserve 72.650 72,650 72.650 - - 72,650 100.0% 100.0% 30Trans. from L.E.S.A. Fund - - 31 0.0% 0.0% AppropriatedF Fund Balance" 321,524 325,155 - 0.0% 0.0% Total 2,414,000 2,455,307 129,610 99,437 252,534 122,552 106,428 675,114 155,148 258,628 149,053 78,466 85,974 0 2,112,944 86.1% 89.5% *Astericked lines represent those budget items that have been amended since Original Budget adoption. #DIV/O! indicates revenue was received, but not budgeted for this line item. Printed 6/16/2025 ITEM 10 Town of River Bend Financial Report General Fund Fiscal Year 2024 2025 Expenditures Fiscal Year Budget July Aug Sept Oct Nov Dec Jan Feb March April May June FYto Date PY Original Current Total % Exp % Exp 1Governing Body 69,500 69,500 7.551 (873) 4.376 (828) 842 13,839 (236) 14,697 4.658 5,951 -818 49,159 70.7% 43.4% 2/Administration" 331,200 333,200 39,126 20,193 29,687 33,340 18,898 43,116 18,970 19.734 25.851 37,657 18,701 305,274 91.6% 89.4% 3Finance* 156,500 150,172 15.912 9,092 11,561 20,553 10,088 9.931 9.756 9.247 9.174 16.041 9,358 130.713 87.0% 95.2% 4TaxL Listing 14,700 14,700 468 1,060 693 413 4,403 2,064 2,048 487 361 313 12,309 83.7% 95.2% 5_Legal Services* 49,000 36,225 814 2.224 2.375 1,733 1,430 1,671 869 3,361 2.512 1.075 2,866 20,929 57.8% 79.0% 6/Elections 600 600 491 - - 491 81.8% 0.0% 7Public Buildings" 108.000 84,500 9,610 12,214 6,725 7,021 3,055 3,949 4,657 4,841 3.007 6.979 3,466 65,523 77.5% 84.7% 8Police" 840,800 867,795 67,932 101,919 51.735 114,025 53,610 72,469 73,619 53,821 51,360 75,374 53.701 769,565 88.7% 75.3% 9Emergency Management 5,800 5,800 2.100 16 16 1.386 343 16 16 61 16 1,366 16 5,352 92.3% 98.9% 10_Animal Control" 18,000 23,505 1,894 1,409 1,579 2,410 1,540 1,367 1,398 1,391 1,386 2,226 1,494 18,094 77.0% 86.0% 11Street Maintenance" 235.000 248,760 11,075 10,421 3.958 8.700 3,890 4.157 5,103 3.691 133,664 7,541 18,385 210,585 84.7% 85.5% 12/Public Works" 203,000 222,063 17,632 16,147 16,282 24,162 16,134 16,422 15.757 16,699 17,043 20,358 19,053 195,689 88.1% 90.8% 13_Leaf & Limb. Solid Waste* 87,500 97,075 8.766 6,538 8.713 1,649 296 20.709 10,206 5,578 251 26.026 251 88,983 91.7% 89.9% 14/Stormwater Management" 51,200 49,956 2,856 2,149 2,403 3,465 2,826 2,050 11,847 2,086 2,079 3,339 7,720 42,820 85.7% 83.5% 15/Waterways & Wetiands 2.900 2,900 50 140 134 41 524 899 31.0% 25.4% 16/Planning & Zoning 60,000 60,000 5,520 3,826 3,834 6,794 3,906 3,795 3,868 3,869 3,942 6,869 4,659 50,882 84.8% 89.5% 17/Recreation & Special Events 11,000 11,000 856 520 58 115 695 253 175 60 682 189 3.604 32.8% 40.7% 18Parks" 59,500 67,756 3,912 3,314 3,237 4,443 3,434 3,824 3,855 2,608 3,355 5,323 3,117 40,423 59.7% 83.2% 19Transfers 86,757 86,757 86.757 86,757 100.0% 100.0% 20Contingency 23,043 23,043 0.0% 0.0% Total 2.414,000 2,455,307 282,363 189,058 148,069 229,746 120,821 202,412 162,628 143,948 258,845 217,168 142,995 0 2,098,052 85.4% 82.1% Capital I Debt Fiscal Year Budget July Aug Sept Oct Nov Dec Jan Feb March April May June FYto Date (included above) Original Current Total % Exp 1Capital Outlay" 264.754 255,254 47.434 47,434 130,168 12,158 237,194 92.9% 2Debt Service - Principle - 0.0% 3Debt Service-Interest - 0.0% *Astericked lines represent those budget departments that have been amended since Original Budget adoption. Printed 6/16/2025 ITEM 10 Town of River Bend Financial Report Water Fund Fiscal Year: 2024 2025 Revenue Fiscal Year Budget July Aug Sept Oct Nov Dec Jan Feb March April May June FY1 to Date PY Original Current Total % Col %Col Base Charge 280,228 280,228 46,614 283 46,827 378 46,585 198 46,881 164 46,975 381 46,865 282,151 100.7% 100.3% Consumption 238,040 238,040 47,308 167 42,159 110 38,260 68 41,581 73 38,836 171 39,735 248,467 104.4% 101.3% Other, incl. transfers* 23,784 39,114 1,836 6,170 1,760 5,887 8,261 4.733 1,982 6,627 1,932 4,898 2,121 46,208 118.1% 240.3% Hydrant Fee 19,215 19,215 19,215 (153) (262) (104) (66) 18,629 97.0% 100.1% Appropriated Fund Bal." 92,733 155,139 - - - 0.0% 0.0% Total 654,000 731,736 114,973 6,467 90,746 6,114 93,106 4,894 90,444 6,797 87,743 5,449 88,721 0 595,456 81.4% 101.1% Expenses Fiscal Year Budget July Aug Sept Oct Nov Dec Jan Feb March April May June FYto Date PY Original Current Total % Exp % Exp Admin & Finance" 507,000 510,948 46,288 26,810 26,486 35,116 31,657 35,178 25,491 25,572 24,972 39,688 158,496 475,755 93.1% 93.3% Supply & Treatment" 69,000 142,788 5,092 3,683 6,240 4,984 2,979 8,142 60,390 3,708 5,041 5,417 3,395 109,074 76.4% 45.0% Distribution 58,000 58,000 31,698 174 715 118 292 829 997 412 2,089 554 4,769 42,647 / 73.5% 96.9% Transfers Contingency 20,000 20,000 20,000 - - - 20,000 100.0% 0.0% Total 654,000 731,736 103,079 30,667 33,442 40,218 34,928 44,149 86,878 29,692 32,102 45,659 166,660 0 647,475 88.5% 83.9% Capital Fiscal Year Budget July Aug Sept Oct Nov Dec Jan Feb March April May June FYto Date (included above) Original Current Total % Exp Capital Outlay" 2,500 73,500 - - - - - 54,432 - 1,137 611 - 56,180 76.4% Cash Balances July Aug Sept Oct Nov Dec Jan Feb March April May June Water Fund 537,780 572,687 566,785 600,153 592,353 617,104 557,862 599,300 592,639 614,446 476,311 Water Capital Reserve Fund 21,363 21,458 21,547 21,634 21,716 21,798 21,878 21,949 22,028 22,105 22,184 Water Produced July Aug Sept Oct Nov Dec Jan Feb March April May June FY to Date Limit Total Gallons 9,722,000 8,194,000 8,904,000 11,510,000 9,999,000 10,160,000 9,738,000 8,394,000 9,551,000 9,328,000 12,060,000 107, 560,000 Average daily gallons 925,000* 313,613 264,323 296,800 371,290 333,300 327,742 314,129 299,786 308,097 310,933 389,032 0 320,822 This is the permitted daily limit. Printed 6/16/2025 ITEM 10 Town of River Bend Financial Report Sewer Fund Fiscal Year 2024 2025 Revenue Fiscal Year Budget July Aug Sept Oct Nov Dec Jan Feb March April May June FY to Date PY Original Current Total % Col % Col Base Charge 297,179 297,179 49,204 353 49,504 447 49,146 314 49,433 225 49,569 464 49,381 298,039 100.3% 100.2% Consumption 337,525 337,525 61,256 279 57,924 158 53,071 149 58,439 93 53,692 104 53,959 339,123 100.5% 97.8% Other, incl. transfers" 18,261 31,491 2,806 4,143 2,635 4,883 2,522 3,814 2,456 3,619 2.723 4,524 2,689 36,814 116.9% 282.3% Appropriated Fund Bal." 67,035 58,441 - 0.0% 0.0% Total 720,000 724,636 113,266 4,775 110,062 5,488 104,739 4,277 110,328 3,937 105,984 5,092 106,029 0 673,977 93.0% 109.5% Expenses Fiscal Year Budget July Aug Sept Oct Nov Dec Jan Feb March April May June FY to Date PY Original Current Total % Exp % Exp Admin & Finance* 502,000 503,848 51,282 26,849 27,922 36,659 31,393 41,192 27,994 27,145 26,247 35,573 140,733 472,988 93.9% 92.7% Collection* 58,000 55,788 5,560 3,189 2,563 3,754 2,865 1,050 1,908 1,914 1,126 1,210 2,571 27,710 49.7% 60.6% Treatment 135,000 135,000 5,990 5,886 12,789 8,975 15,557 8,261 6,471 13,168 6,474 22,046 7,857 113,474 84.1% 86.0% Transfers / Contingency" 25,000 30,000 25,000 5,000 30,000 100.0% 0.0% Total 720,000 724,636 87,832 35,924 43,274 49,389 49,815 50,502 36,373 42,226 33,847 63,829 151,161 0 644,172 88.9% 87.9% Capital Fiscal Year Budget July Aug Sept Oct Nov Dec Jan Feb March April May June FY to Date (included above) Original Current Total % Exp Capital Outlay 2,500] 2,500 - - - - - - 0.0% Cash Balances July Aug Sept Oct Nov Dec Jan Feb March April May June Sewer Fund 755,848 780,999 774,165 808,717 786,280 810,678 807,209 843,695 843,964 871,444 739,276 Sewer Capital Reserve Fund 25,108 25,220 25,325 25,427 25,523 25,620 25,714 25,798 25,891 25,980 26,073 Wastewater July Aug Sept Oct Nov Dec Jan Feb March April May June FY to Date Treated Limit Total Gallons 2,885,000 3,420,000 3,032,000 3,286,000 3,269,000 3,424,000 3,505,000 2,682,000 2,834,000 2,653,000 3,413,000 34,403,000 Average daily gallons 330,000* 93,065 110,323 101,067 106,000 108,967 110,452 113,065 95,786 91,419 88,433 110,097 0 102,607 * This is the permitted daily limit. ITEM 10 TOWN OF RIVER BEND ANNUAL OPERATING BUDGET ORDINANCE FISCAL YEAR 2025 2026 BEI IT ORDAINED by the Council of the Town of River Bend, North Carolina that the following anticipated fund revenues and departmental expenditures, together with certain fees and schedules, andy with certain restrictions and authorizations, are hereby appropriated and approved fori the operation of the Town government and its activities fort the fiscal year beginning July 1, 2025 and ending June 30, 2026: Summary General Fund 2,692,000 General Capital Reserve Fund 154,144 Law Enforcement Separation Allowance Fund 540 Water Fund 708,500 Water Capital Reserve Fund 25,000 Sewer Fund 784,500 Sewer Capital Reserve Fund 26,000 Total 4,390,684 Section1. General Fund Anticipated Revenues AD VALOREM Taxes 2025-2026 1,153,846 AD VALOREM Tax-Motor Vehicle 140,000 Vehicle Registration Fee 30,800 Animal Licenses 1,500 Sales Tax 1% Article 39 225,177 Sales Tax: 1/2% Article 40 132,451 Sales Tax 1/2% Article 42 112,435 Sales Tax Article 44 16,436 Sales Tax Hold Harmless Distribution 125,643 Solid' Waste Disposal Tax 2,200 Powell Bill Allocation 109,000 Beer and' Wine Tax 13,490 Video Programming Sales Tax 45,303 Utilities Franchise Tax 135,931 Telecommunications Sales Tax 6,530 Court Refunds 500 Zoning Permits 5,000 Miscellaneous 9,000 Interest- Powell Bill Investments 5 Interest-General Fund Investments 45,859 Contributions 900 Wildwood Storage Rents 18,144 Rents & Concessions 18,000 Sale of Capital Assets 12,000 Transfer From Capital Reserve Fund 130,500 Appropriated Fund Balance 201,350 Total 2,692,000 Page 1 of 5 ITEM 10 Section1. Generatfundlcontinuea) Authorized Expenditures Governing Body 79,200 Administration 348,000 Finance 156,500 Tax Listing 19,500 Legal Services 44,000 Elections ) Police 836,200 Public Buildings 74,500 Emergency: Services 5,100 Animal Control 27,800 Street Maintenance 317,000 Public Works 289,000 Leaf & Limb and Solid Waste 76,700 Stormwater Management 88,000 Wetlands and Waterways 2,900 Planning & Zoning 62,000 Recreation & Special Events 13,500 Parks & Community Appearance 75,600 Contingency 25,156 Transfer To General Capital Reserve Fund 151,344 Transfer To L.E.S.A. Fund 0 Total 2,692,000 Section: 2. General Capital Reserve Fund Anticipated Revenues Contributions from General Fund 151,344 Interest Revenue 2,800 Total 154,144 Authorized Expenditures Transfer to General Fund 130,500 Future Procurement 23,644 Total 154,144 Section3. Law Enforcement SeparatonAlowaneefind Anticipated Revenues: Contributions from General Fund Interest Revenue 540 Total 540 Authorized Expenditures: Separation Allowance 0 Future LEOSSAI Payments 540 Total 540 Page 20 of 5 ITEM 10 Section4. Water Fund Anticipated Revenues Utility Usage Charges, Classes 1 &2 2 200,120 Utility Usage Charges, Classes 3 & 4 18,239 Utility Usage Charges, Class 5 12,854 Utility Usage Charges, Class 8 4,933 Utility Customer Base Charges 283,169 Hydrant Availability Fee 17,934 Taps & Connections Fees 1,250 Nonpayment Fees 10,500 Late payment Fees 7,790 Interest Revenue 15,060 Sale of Capital Asset Transfer from Capital Reserve Fund 25,000 Appropriated Fund Balance 111,651 Total 708,500 Authorized Expenditures Administration & Finance [1) 530,000 Operations and Maintenance 158,000 Transfer To Fund Balance for Capital Outlay 0 Transfer To' Water Capital Reserve Fund 20,500 Total 708,500 [1] Portion of department for bond debt service: 133,671 Section5. Water Capital Reserve Fund Anticipated Revenues Contributions From Water Operations Fund 20,500 Interest Revenue 350 Appropriated Fund Balance 4,150 Total 25,000 Authorized Expenditures Transfer to Water Operations Fund 25,000 Future Expansion & Debt Service 0 Total 25,000 Page 3of 5 ITEM 10 Section6. Sewer Fund Anticipated Revenues: Utility Usage Charges, Classes 1 &2 255,040 Utility Usage Charges, Classes 3 & 4 39,981 Utility Usage Charges, Class 5 28,328 Utility Usage Charges, Class 8 10,146 Utility Customer Base Charges 298,921 Taps & Connection Fees 1,250 Late payment Fees 8,222 Interest Revenue 23,006 Sale of Capital Asset U Transfer from Sewer Capital Reserve 25,000 Appropriated Fund Balance 94,606 Total 784,500 Authorized Expenditures: Administration & Finance [2] 533,000 Operations and Maintenance 226,000 Transfer to Fund Balance for Capital Outlay 0 Transfer to Sewer Capital Reserve Fund 25,500 Total 784,500 [2] Portion of department for bond debt service: 115,429 Section7. Sewer Capital Reserve Anticipated Revenues: Contributions From Sewer Operations Fund 25,500 Interest Revenue 500 Total 26,000 Authorized Expenditures: Transfer to Sewer Operations Fund 25,000 Future Expansion & Debt Service 1,000 Total 26,000 Page 4 of 5 ITEM 10 Section8. Levy ofTaxes There is hereby! levied a tax at the rate of twenty-eight cents ($0.28) per one hundred dollars ($100) valuation of property as listed for taxes as of January 1, 2025, fori the purpose of raising the revenue listed as "Ad' Valorem Taxes 2025-2026" in the General Fund Section 1 of this ordinance. This rate is based on a valuation of $413,245,000 for purposes of taxation of real and personal property with an estimated rate of collection of 99.72%. The estimated collection rate is based on the fiscal year 2023-2024 collection rate of 99.72% by Craven Countywho has been contracted to collect real and personal property taxes for the Town of River Bend. Also included is a valuation of $50,000,000 for purposes of taxation of motor vehicles with a collection rate of 100% by the North Carolina Vehicle Tax System. Section 9. Fees and Charges There is hereby established, for Fiscal Year 2025- 2026, various fees and charges as contained in Attachment A of this document. Section 10. Special Authorization of the Budget Officer A. The Budget Officer shall be authorized to reallocate any appropriations within departments. B. The Budget Officer shall be authorized to execute interfund and interdepartmental transfers in emergency situations. Notification of all such transfers shall be made to the Town Council at its next meeting following the transfer. C. Thel Budget Officer shall be authorized to execute interdepartmental transfers int the same fund, including contingency appropriations, not to exceed $5,000. Notification of all such transfers shall be made to the Town Council at its next meeting following thet transfer. Section 11. Classification: and Pay Plan Cost of Living Adjustment (COLA) for all Town employees shall be: 2.8% and shall begin the first payroll in the new fiscal year. The Town Manager is hereby authorized to grant merit increases to Town employees, when earned, per the approved Pay Plan. Section 12. Utilization of the Budget Ordinance This ordinance shall be the basis of thet financial plan for the Town of River Bend municipal government during the 2025- 2026 fiscal year. Thel Budget Officer shall administer the Annual Operating Budget and shall ensure the operating staff and officials are provided with guidance and sufficient details toi implement their appropriate portion of the budget. Section 13. Copies oft this Budget Ordinance Copies of this Budget Ordinance shall bei furnished to the Clerk, Town Council, Budget Officer and Finance Officer to be kept on1 file by them for their direction in the disbursement off funds. Adopted this 19th day of. June, 2025. Mark Bledsoe, Mayor Attest: Kristie. J. Nobles, Town Clerk, MMC, NCCMC Page 5 of 5 ITEM 10 Town of River Bend Schedule of Rates and Fees (Attachment A to Budget Ordinance) Effective July 1, 2025 Amounts due are based upon the Fees and Charges Schedule in effect at the time of payment. Iti is the Town Council's intention that the Fees and Charges Schedule be revised as needed by July 1st of each year. Some fees and charges may be adjusted during the year as circumstances: change. GENERAL FUND Administrative Ad Valorem Tax $.28 per $100 assessed valuation Copies of Public Information As specified by State Statute Town Code, entire copy $75.00 Notary Fee $10.00 per signature after the first Meeting Rooms Four hours or less $40.00 Over four hours $80.00 Returned Check Processing Charge $25, as allowed by G.S. $25-3-506 Administrative Fee for returned bank drafts $25.00 Public Safety Pet License Fee $10.00 Golf Cart Registration Fee $10.00 Vehicle Registration Fee $10.00 Nuisance Abatement Administrative Fee Cost of Abatement Fee $1 - 1,000 $50.00 $1,001 - and up 5% oftotal abatement cost (maximum fee $2,000) ITEM 10 Planning and Zoning Special Exception Use Permit $200 plus cost of required legal advertisement and postage to notify abutting land owners Variance $200 plus cost of required legal advertisement and postage to notify abutting land owners Appeal to Board of Adjustment $200 plus cost of required legal advertisement and postage to notify abutting land owners Residential Application Based on amount of project as follows: Base Fee $30 $2 for every $1,000 of project value after first $1,000 and up to $100,000; plus, $1 for every $1,000 above $100,000 (All values rounded up to nearest $1,000) Zoning Administrator can use any appropriate means to verify project valuation. Residential Flood Plain Application with Zoning Permit 40% oft the fee for the Town's residential zoning permit and shall be additional to the zoning permit fee for enclosed structures (fences, decks, and other similar exempt from additional fee). Commercial Application Based on amount of project as follows: Base Fee $50 $4 for every $1,000 of project value after first $1,000 and up to $100,000; plus, $2 for every $1,000 above $100,000 (All values rounded up to nearest $1,000) Zoning Administrator can use any appropriate means to verify project valuation. ITEM 10 Commercial Flood Plain Application with Zoning Permit 40% ofthe fee for the Town's commercial zoning permit and shall be additional to the zoning permit fee for enclosed structures (fences, decks, and other similar exempt from additional fee). Residential Flood Plain Application without Zoning Permit Based on amount of project as follows: Base Fee $30 $2 for every $1,000 of project value after first $1,000 and up to $100,000; plus, $1 for every $1,000 above $100,000 (All values rounded up to nearest $1,000) Zoning Administrator can use any appropriate means to verify project valuation. Commercial Flood Plain Application without Zoning Permit Based on amount of project as follows: Base Fee $50 $4 for every $1,000 of project value after first $1,000 and up to $100,000; plus, $2 for every $1,000 above $100,000 (All values rounded up to nearest $1,000) Zoning Administrator can use any appropriate means to verify project valuation. Engineering Review Charged to applicant at the actual cost of the service as billed by the contracted engineer. Zoning Amendment Request (Map or Text) $200 plus cost of required legal advertisement and postage to notify abutting land owners Sign Permit $30 Tree Harvest Permit $50 Zoning and Subdivision Ordinances $25 per set ITEM 10 Wildwood Storage Rental Rates Unit Number Unit Size Monthly Rent BB 01 5x20 $35 BB 02 5x20 $35 BB 03 5x20 $35 BB 04 5x20 $35 BB 05 10x20 $75 BB 06 10x20 $75 BB 07 10x20 $75 BB 08 10x20 Town Occupied (TO) BB 09 10x20 TO BB 10 10x20 TO BB 11 10x20 TO BB 12 10x20 TO GB 15 10x16 $65 GB 16 10x16 $65 GB 17 10x16 $65 GB 18 10x16 $65 GB 19 10x16 $65 GB 20 10x16 TO GB 21 10x16 TO GB 22 10x16 TO OP Open Spaces (40) $25 Late Payment Charge $10, assessed after the 10th of the month Interest Charge 1.5% monthly on outstanding balances ITEM 10 ENTERPRISE FUNDS Water and Sewer - Rates and Fees Water Sewer Class 1 and 2 - Residential() Customer Base Charge per month (2) 15.24 24.18 Usage per 1,000 gallons 9.30 Usage 0-4,000 gallons 4.22 Usage 4,001-20,000 gallons 4.50 Usage 20,001+ gallons 4.55 Initial Connection (Tap) charge (3) 1,250.00 1,250.00 Nonpayment Fee 70.00 Class 3 and 4 Commercial Customer Base Charge per month (2) 88.32 141.99 Usage per 1,000 gallons 4.22 9.30 Initial Connection (Tap) charge (3) 3,500.00 1,250.00 Nonpayment Fee 100.00 Class 5 - Industrial Customer Base Charge per month (2) 276.24 444.93 Usage per 1,000 gallons 4.22 9.30 Initial Connection (Tap) charge (3) 5,000.00 1,250.00 Nonpayment Fee 200.00 Class 6 - Early Bird (No longer available) Class 7 - Fire Hydrant Charge Availability Charge per year 183.00 Class 8 - 1"Water Service Customer Base Charge per month (2) 30.90 49.43 Usage per 1,000 gallons 4.22 9.30 Initial Connection (Tap) charge (3) 1,500.00 1,250.00 Nonpayment Fee 100.00 Class 9 - Vacant /Out of Use Non-residential Property Customer Base Charge per month (2) 15.24 24.18 Usage per 1,000 gallons 4.22 9.30 Nonpayment Fee 70.00 Class 10 - Vacant Residences Customer Base Charge per month (2) 15.24 Nonpayment Fee 70.00 ITEM 10 Special Charges Service Call - 2 hour minimum $35 per hour signed by customer to initiate work outside of scheduled work hours of 7:00 a.m. - 4:00 p.m. on weekdays and 7:00 a.m. - 3:00 p.m. on weekends Meter Testing Charge $25 - no charge if meter defective Returned Check Processing Charge $25, as allowed by G.S. $25-3-506 Late Payment Charge 10% ofamount overdue per month or part of month beginning 30 days after billing date Irrigation Connection Inspection (4) $20 (1) Residential customer deposit may apply. Please refer to Water Resources Department Policy Manual. (2) Base charges do not include any usage. (3)The published Initial Connection (Tap) charges are based on the historic River Bend average cost that has been experienced in making connections. There will be cases when, because ofthe local depth of the service main pipe to which the connection is to be made, or other site specific differences from the norm, the published connection fee will not cover the actual cost of the tap. When the Water Resources Superintendent encounters such conditions, he shall notify the applicant requesting the tap that the cost may exceed the published fee. In those cases, a record of cost associated with the specific tap will be accounted forand ifthe total cost exceeds the published fee, then the applicant shall pay a fee equal to the actual cost. Initial connection charges are based upon the size of the meter and charged as shown in the appropriate Class above. (4)The necessary equipment will be provided to the resident at cost. The resident is responsible for installing the irrigation meter on the resident's side oft the regular water meter. After installation, the work will be inspected by a Water Resources Department employee. ITEM 10 NORTH CAROLINA CRAVEN COUNTY AMENDED AND RESTATED LIBRARY SERVICES AGREEMENT THIS AMENDED AND RESTATED LIBRARY SERVICES AGREEMENT, is made and entered into this day of 2025 by and between TOWN OF RIVER BEND ("Town"); and the RED CABOOSE COMMUNITY LIBRARY, LLC ("Library") (hereinafter collectively "Parties"). WITNESSETH: WHEREAS, on August 10, 2023, the Town and Library entered into an agreement for the Town to pay Library $5,000 for the provision ofgeneral library services, as authorizéd N.C. - by Gen. Stat. 153A-263; and, WHEREAS, the Town now has space available in its former Public Works Building, located at 115 Wildwood Drive, River Bend, North Carolina, to house the Library's operations in furtherance of the Town and Library's agreement to rendergenerallibrary services; and WHEREAS, the Town wishes to now leasé space within its former Public Works Building to the Library in lieu of providing the Library with a financial payment, and Library now wishes to accept said space for its provision-of general library services pursuant to the Parties prior agreement in lieu of accepting the Town' S financial payment for the same. NOW, THEREFORE, BE IT RESOLVED that for valuable consideration, the sufficiency of which is expressly acknowledged by the Parties, the Parties agree to the following amended and restated terms oft the August 10, 2023, Library Services Agreement: ITEM 10 ARTICLE 1 Responsibilities of] Library During the term of this Agreement, and subject to the conditions and terms contained herein, the Library agrees: 1.1 To provide all of those general library services it is currently engaged in, to the citizens and residents ofthe Town, at: no cost, charge or expense to individual citizens and residents of the Town. 1.2 It may solicit donations from its patrons, but shall at all times make clear that such donations are completely voluntary, and that they shall not inure to thé benefit oft the Town itself. 1.3 Indemnify and hold the Town harmless against all expenses, liabilities and claims of every kind, including reasonable attorney's fees, incurred by thé Town arising out of the Library's negligence or intentional acts in performing under this Agreement, as well as the negligence or intentional acts of the Library's employees, volunteers, agents, representatives and independent contractors. 1.4 Execute a lease agreement with theTown for using a portion of the Town's former Public Works building, located at 115 Wildwood Drive, River Bend, North Carolina, for the provision oflibrary services required under this Agreement. A copy ofsuch a lease agreement is attached hereto as Exhibit 1. ARTICLE2 Responsibilities ofTown During the term of this Agreement, and'subject to the conditions and terms contained herein, the Town agrees: 2.1 To advertise the Library's activities on the Town's webpage, in a reasonable manner. Such reasonable manner shall be determined in the sole discretion of the Town Manager or his/her designee. 2.2 Toj provide the Library with a portion of the Town's former Public Works building, located at 115 Wildwood Drive, River Bend, North Carolina, for the provision of library services required under this Agreement. A copy ofs such a lease agreement is attached hereto as Exhibit 1. ARTICLE 3 Term The term ofthis Agreement shall terminate on the 30th day ofJune, 2028. The term of this Agreement can be renewed for subsequent three-year terms upon consent of both Parties on the same terms provided in this Agreement. During the term, or any subsequently renewed term, of this Agreement, either party, with or without cause, may cancel this Agreement upon sixty (60) days' written notice to the other party. Ife either party gives notice of cancellation, said notice will not be considered a breach ofthis Agreement, and said notice will relieve the other party from any future performance under this Agreement. 2 ITEM 10 ARTICLE 4 Independent Contractor In the performance of services hereunder, the Library and its agents shall at all times act as an independent contractor, and not as an official Town department or as employees or agents of the Town. The Library and its agents shall not have any claim under this Agreement or otherwise against the Town for vacation pay, sick leave, retirement benefits, social security, worker's compensation, disability benefits, unemployment insurance benefits, or employee benefits of any other kind. ARTICLE 5 Miscellaneous 5.1 Entire Agreement: Modification: This Agreement supersedes all prior agreements and constitutes the entire agreement between the Parties and may not be amended or modified except by a subsequent written agreement executed by both Parties. 5.2 Severability: If any of the provisions ofthis Agreement shall be held by a court of competent jurisdiction to be unconstitutional or unenforçeable, the decision of such court shall not affect or impair any ofthe remaining provisions ofthis Agreement, and the Parties shall, to the extent they deem to be appropriate, take such actions as are necessary/to correct any such unconstitutional or unenforceable provision. Iti is hereby declared to be the intent oft the Parties to this Agreement that this Agreement would have been approved and executed had such an unconstitutional or unenforceable provision been excluded therefrom. 5.3 Binding Effect: This Agreement shall be binding uponand inure to the benefit of the Parties hereto and their respective legal representatives, successors, and assigns. 5.4 Assignment: Except asmay otherwise be expressly provided herein, no party may assign any right, obligation, or liability arising hereunder without the other party's prior written consent. Any such assignment or attempted assignment shall be null and void. 5.5 Headings & Duplicate Originals: Headings in this Agreement are for convenience and reference onlyand shall not be used to interpret or construe its provisions. 5.6 Duplicate Originals: This Agreement shall be executed in duplicate originals, each of whiçh shall be deemed an original but all of which together shall constitute one and the same instrument. 5.7 Governing Law: Exclusive Venue: This Agreement shall be governed by the laws of the State ofNorth Carolina. Exclusive venue for any action, whether at law or in equity, shall be in a court of competent jurisdiction in Craven County, North Carolina. 5.8 Public Purpose: Fair Market Value: The Parties agree that the Library's provided services under this Agreement is a valuable service that provides a public benefit for the citizens of the Town. The Parties further agree that the fair market value of said library services is equivalent to the Town's provision of space for the Library in the Town's former Public Works Building. 3 ITEM 10 IN TESTIMONY WHEREOF, the Parties hereto have duly executed this Agreement in duplicate originals, a copy of which is retained by each of the Parties, the day and year first above written. TOWN OF RIVER BEND (Town Seal) By: (SEAL) Mark Bledsoe, Mayor ATTEST: Kristie Nobles, Town Clerk RED CABOOSE COMMUNITY LIBRARY, LLC By: A (SEAL) Printed: Title: This-instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal ControlAct. Mandy Gilbert, Finance Officer Town of River Bend Date: LSS 156194 4 ITEM 10 NORTH CAROLINA LIBRARY SPACE LEASE AGREEMENT CRAVEN COUNTY THIS AGREEMENT is entered into as of the day of 20 by and between Town of River Bend (hereinafter "Town") and Red Caboose Community Library, a North Carolina non-profit corporation, (hereinafter "Library") upon the terms and conditions set forth below. WITNESSETH: WHEREAS, on August 10, 2023, the Town and Library, entered into an agreement for the Town to pay Library for the provision of general library services, as authorized by N.C, Gen. Stat. 153A-263; and, WHEREAS, the Town now has spaçe available in its former Public Works Building, located at 115 Wildwood Drive, River Bend, North Carolina, to house the Library's operations in furtherance of the Town and Library's agreèment to render general library services; and WHEREAS, the Town wishes to now leases space withinits former Public Works Building to the Library, and Library wishes to accept said spaçe for its provision of general library services pursuant to the Parties prior agreement. NOW, THEREFORE, BE IT RESOLVED that for valuable consideration, the sufficiency of which is expressly acknowledged by the Parties, the Parties agree to the following lease agreement's terms: - Page 1 of 15 ITEM 10 ARTICLE 1 Definitions Certain terms having specific definitions are used in this Agreement, and these terms and definitions, unless the context clearly indicates to the contrary, are as set forth in this Article. The defined terms appearing in this Article are set forth in the exact capitalized form as they appear between the quotation marks. When the same term is used in this Agreement with the meaning as assigned herein, it shall appear in the identical capitalized form. Otherwise, the terms shall be considered in the context ofthe sentence in which it appears. 1.1. "Agreement" means and refers to this Library Space Lease Agreement. 1.2. "Building" means and refers to the physical building located at 115 Wildwood Drive, River Bend, North Carolina known as the Town's former Public Works Building . 1.3. "Common Areas" means and refers tothose areas designated as such in this Lease. 1.4. "Effective Date" means and refersto the day of 20 1.5. "Leased Premises" means and refers to a portion of the Building/as depicted on Exhibit A. 1.6. "Lessee" means and refers to Red Caboose Community Library, a North Carolina non-profit corporation. 1.7. "Lessor" means and refers to The Town of River Bend, a county government and body politic and corporate of the StateofNorth Carolina. ARTICLE 2 Premises 2.1 Leased Premises. Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the Leased Premises described on Exhibit A and incorporated herein by reference. 2.2 Common Areas. Lèssee shall have the right to the use, in common with the Lessors, all of the Common Areas loçated in the building comprising the Leased Premises and on the land, including but not limited to, the following: (a) Building Common Area. Any common access ways, vending/break areas, lobbies not included in Leased Premises, entrances, and any passageways thereto, and the common pipes, ducts, conduits, wires and appurtenant equipment serving the Leased Premises; (b) Land Common Area. Any common walkways, sidewalks, parking spaces and driveways necessary for access to the Leased Premises and parking areas; and Page 2 of 15 ITEM 10 (c) Parking. Any common parking areas. Lessor represents that, to the best of its knowledge, the parking area is in compliance with all zoning statutes, regulations and ordinances, without variance, applicable to the Lessor, the building or the land and pertaining to parking. Lessee's use of the Common Areas is subject to reasonable rules and regulation imposed equally by Lessor from time to time and to Lessor'si right to make necessary or appropriate physical changes from time to time in the Common Areas, provided that Lessor shall give Lessee at least thirty (30) days prior written notice of any new or changed rule or regulation imposed upon the use of the Common Areas, or of any such physical changes, and such rights reserved to Lessor shall be exercised in a manner that minimizes interference with Lessee's use and occupancy ofthe Leased Premises and use and enjoyment of the Common Areas. Except for changes, if any, required by law from time to time, no changes in the Çommon Areas shall materially adversely affect Lessee's parking rights or Lessee's access to or use and enjoyment of the Leased Premises. ARTICLE3 Term 3.1 Commencement of Term. The initial term of this lease shall commence on 9 20 and shall terminate on the 30th day of June, 2028. The term of this Lease Agreement can be renewed for subsequent three-year terms ypon consent ofboth Parties on the same terms provided in this Lease Agreement. 3.2 Termination. During the initial term or any subsequently renewed term of this Lease Agreement, either party, with or without cause, may terminate this Lease Agreement upon sixty (60) days' written notice to the other party. Ifeither party gives notice of termination, said notice will not be considered a breach of this Lease Agreement, and said notice will relieve the other party from any future performance under this Lease Agreement. Upon written notice of termination, Lessee's right of possession of the Leased Premises will terminate sixty (60) days fromthe date of the notice of termination, and Lessee shall deliver the Leased Premises to the Lessor on or before sixty (60) days from the date oft the notice of termination. ARTICLE 4 Rent Commencing on the Effective Date and during each year of the term of this Lease, Lessee shall be obligated to pay the annual rent for the Leased Premises. The annual rent shall be payable on the first day of each year prior to the start of new annual term. Rent shall be in the amount of One Dollar ($1.00) per annum. Page 3 of 15 ITEM 10 ARTICLE 5 Leasehold Improvements 5.1 Improvements Constructed by Lessee. If any work is to be performed in connection with Tenant improvements on the Premises by Lessee or Lessee's contractor: (a) Such work shall proceed upon (i) Lessor's express approval of the improvements, (ii) Lessor' S written approval ofLessee' S contractor, (i11) delivery to Lessor of certificates ofinsurance prior to commencement ofwork in the Leased Premises indicating that Lessee's contractor carries public liability and property damage insurance under a comprehensive liability insurance policy covering bodily injury in the amounts of One Million Dollars ($1,000,000) per person and One Million Dollars ($1,000,000) per occurrence with not less than Two Million Dollars ($2,000,000) in aggregate or combined single limit coverage and coyéring property damage in the amount of not less than One Million Dollars ($1,000,000), and (iv) Lessor's written approval of plans and specifications for such work. (b) All work shall be done in conformity with a valid building permit when required, a copy of which shall be furnished to Lessor before such work is commenced, and in any case, all such work shall be performed in a good and workmanlike manner and in compliance with all requirements of applicable governmental authorities and of the insurers of the Building. Notwithstanding any failure by Lessor to object to any such work, Lessor shall have no responsibility for Lessee's failure to meet all applicable regulations. (c). All work by Lessee or Lessee's contractor shall be scheduled through Lessor or Lessor's designee. (d). Lessee or Lessee's contractor shall arrange for necessary utility and other services with Lessor and shall pay such reasonable charges for such services as may be charged by Lessor. (e) Lessee's entry to the premises for any purpose, including without limitation, inspection or performance of Lessee's construction by Lessee's agents, prior to the Lease commencement date shall be subject to all the terms and conditions of the Lease except the payment of Rent. Lessee's entry shall mean entry by Lessee, its officers, contractors, licensees, agents, servants, employees, guests, invitees, or visitors. (f) Lessee shall promptly reimburse Lessor upon demand for any extra expense incurred by the Lessor by reason off faulty work done by Lessee or its contractor, or by reason of any delays caused by such work, or by reason ofinadequate clean-up. (g) Lessee shall indemnify and hold Lessor harmless from any loss, cost or expense, including attorneys' fees and costs, incurred by Lessor as a result ofany defects in design, materials or workmanship resulting from Lessee's alterations, additions or improvements to the Leased Premises. Page 4 of 15 ITEM 10 5.2 Ownership of Improvements All alterations, additions, improvements and fixtures, including without limitation cabinetry, floor coverings, lighting fixtures, ducts, controls, heating or cooling, which may be made or installed by either of the parties hereto upon the Premises and which in any manner are attached to the floors, walls or ceilings, are the property of Lessor when SO installed, excepting those trade fixtures of Lessee, and shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury. Lessee shall not make any changes or alterations, structural or otherwise, to the Premises without Lessor's prior written consent. Lessee shall remove its trade fixtures at the conclusion of this Lease and shall repair any damage to the Premises caused by such removal. During the term of this Lease, the Lessee shall not remove or damage the above described improvements and fixtures without the written consent of the Lessor. ARTICLE 6 Use and Compliance with Laws Lessee certifies that it shall use the Leased Premises as a'spaçe for the operation of general library services, and all activities incident thereto, and for no other purposes whatsoever without the written consent of Lessor. Lessee shall not use or permit the Premises to be used in a manner offensive or objectionable to the Lessor or other occupants ofthe Building, or interfere in any way with other Lessees or those having business therein. ARTICLE 7 Buildings, Services, Utilities, Maintenance, and Repairs 7.1 Services and Utilities. Lessee shall haye access to the Leased Premises as stated in Exhibit A during Building business hours as established by Lessor. Lessee shall be responsible for any and all utilities used in the Leased Premises, including but not limited to full electricity, heating, gas (if applicable), ventilating and air conditioning and all other utilities and Building serviçes necessary for theçomfortable useand occupancy ofthe Leased Premises and the Building Common Areas. During hours that are not Building business hours, the Lessor may restrict the utilities described in the immediately preceding sentence. Except as otherwise expressly provided herein, Lessor shallnot be liable for, and Lessee shall not be entitled to, any reduction or abatement of] Rent on account ofany failure on the part of Lessor to deliver the services and utilities provided in this Lease. 7.2 Mainténance. Repair and Replacement. (a) Lessor Responsibilities. All equipment, including but not limited to heating, air conditioning, electric, water and plumbing equipment and facilities in the Premises, but excluding Lessee's trade equipment or other Lessee-installed equipment, shall be maintained by Lessor. Lessee is prohibited from performing any maintenance or repairs to any of the aforesaid equipment and from hiring any contractors or persons to repair the same without the prior written approval ofLessor except in the case of emergency. Lessor Page 5 of 15 ITEM 10 shall not be required to: make any such repairs occasioned by an act or negligence ofLessee, its agents, employees, invitees, or licensees, except to the extent that Lessor is reimbursed therefore under any policy of insurance permitting waiver of subrogation in advance of loss. (b) Lessee Responsibilities- Lessee will be responsible for the following: (i) Lessee shall maintain the Premises in a good, neat and clean condition, including but not limited to all doors, door frames, windows and tenant improvements, and shall advise Lessor to replace all burned out light bulbs and fluorescent tubes as neéded. Lessee shall comply with all requirements of law, ordinance, health officer, fire marshal or building inspector regarding its use of the Premises. Lessee shall permit no waste, damage, or injury to the Premises and shall, at its own cost and expense, replaçe any plate or window glass which may become broken in the Premises as a result ofLessee's actions. Atthe expiration ofthe tenancy created hereunder, Lessee shall surrender the Premises in good condition, reasonable wear and tear, loss by fire or other unavoidable casualty excepted, and shall repair any damage caused by removal of any fixtures which it is permitted hereunder to remove and shall remove all property from the Premisés except that property owned by Lessor, leaving the Premises in aclean, neat condition. () Lessee shall keep the Premises free and clean from rubbish and trash at all times; shall provide routine maintenance for the Premises; and shall store all trash and garbage within the Premises, or in receptacles specified by the Lessor. (iii) Lessee shall, in all matters, actin compliance and conformity with all Federal, State, and local laws and regulations and in conformity with generally accepted health and safety standards. Any and all hazardous medical wastes materials and other materials and matter commonly used in the health care industry shall be generated, dealt with, handled, stored, and disposed ofbyLessee at Lessee sole cost and expense in conformity with said Federal, State, and local laws and regulations and in conformity with generally accepted health and safety standards, and shall not be disposed ofin any respect in'any area ofthe property. 7.3 Inspection of Premises and Access. Lessor, at reasonable times with the consent ofLessee (excepting emergencies, as to which no consent shall be required), which consent shall not be unreasonably withheld, may enter the Leased Premises to complete improvements undertaken by Lessor on the Leased Premises or Building, to inspect, clean, maintain or repair the same, and for other reasonable purposes. Lessor shall give Lessee at least twenty four (24) hours notice prior to any entry into the Leased Premises (excepting emergencies, as to which such notice, if any, as is reasonable under the circumstances shall be given, and Lessor's entry shall be solely for the purpose of taking necessary actions to remedy and/or repair the emergency situation), and in no event shall Lessor unreasonably interfere with access to or use of the Leased Premises or Parking Area by Lessee, its agents, employees or invitees. Page 6 of 15 ITEM 10 ARTICLE 8 Fixtures & Alternations 8.1 Fixtures. Lessee may install any trade fixtures, equipment, furnishings, furniture and other fixtures or removable personal property in the Leased Premises, provided, that the same are installed and removed without permanent or structural damage to the Building. All such property shall remain Lessee's property and shall be removed by Lessee upon expiration or termination ofthis Lease. 8.2 Alterations. Lessee may make non-structural alterations, additions or changes in or to the Leased Premises with prior notification to Lessor, provided that the same are approved by Lessor. Lessor may require Lessee to remove them upon expiration ort termination ofthis Lease, at Lessee's expense and without damage to the Leased Premises. Lessee shall not make alterations, additions or changes to the Leased Premises affecting the structure of the Building without Lessor's prior written consent. Lessee may elect to select its own contractor to perform any such work, subject to compliance with all ofthe provisions ofthis Lease. 8.3 Mechanic's Liens. No person shall be entitled to any lien upon the Leased Premises or the Land, in whole or in part, or any interest or estate in any such property, by reason of any work, labor, services or material claimed to have been performed or furnished to or for Lessee, or otherwise on account of any act or failure to act on the part ofLessee, and Lessee shall neither cause nor permit the filing of any such lien, Ifany such lien claim or notice shall be filed, Lessee shall cause the same to be released or provide other,satisfactory security to Lessor with respect to the same (which may bein the form of a bond, title insurance endorsement or other assurance reasonably satisfactory to Lessor) within sixty (60) days; and if not sO released or secured, Lessor, at its option, may pay up to the fullamount ofs such lien claim to cause its release, and such amount, together with interest thereon from the date of payment at a rate of 1.0% per month, shall be deemed due and payable by Lessee immediately. Nothing in this Lease shall be deemed or construed to constitute consentto or request to any party for the performance of any labor or services or the furnishing of any materials for the improvement, alteration or repairing of the Leased Premises; nor as giving Lessee the right or authority to contract for, authorize or permit the performance of any labor or services or the furnishing of any material that would permit the attaching of a valid mechanic's lien. Page 7 of 15 ITEM 10 ARTICLE 9 Assignment and Subletting Lessee shall not assign, mortgage, encumber or otherwise transfer this Lease or its interests hereunder, in whole or in part, or sublet the Leased Premises in whole or in part, without the prior written consent ofLessor which will not be unreasonably withheld. An assignment shall be deemed to have taken place, thus requiring the Lessor's consent, if the Lessee experiences a change in control. In the event Lessor consents to any such transaction, Lessee shall remain fully liable to perform all the obligations of Lessee under this Lease, including but not limited to payment of Rent. ARTICLE 10 Liability. Insurance. and Indemnification 10.1 Lessee's Property and Fixtures. Lessee assumes the risk of damage to any furniture, equipment, machinery, goods, supplies or fixtures that are or remain the property of Lessee or as to which Lessee retains the right of removal from the Leased Premises. 10.2 Lessee's Public Liability Insurance. Lessee shall, at its own cost and expense, keep and maintain in full force during the Term, a policy or policies of comprehensive public liability insurance, insuring Lessee's activities in or aboutthe Leased Premises, the Building, and Common Areas against loss, damage or liability for personal injury or death of any person or loss or damages to property occurring in, upon or about the Leased Premises, the Building, and Common Areas in theamounts of not less than One Million Dollars ($1,000,000) per person and not less than One Million Dollars ($1,000,000) per occurrence, and covering property damage in the amount of not less than One Million. Dollars ($1,000,000), with not less than Two Million Dollars ($2,000,000) in aggregate or combined single limit coverage. Lessor shall be named as additionalinsureds under each such policy ofl liability insurance maintained by Lessee with respect to this Lease. Any requirement under this/Agreement for the Lessee to obtain insurance shall not be deemed a waiver on behalf of the Lessor for any governmental immunity Lessor is entitled to for any claim in tort liability under North Carolina law, including but not limited to the waiver provisions of N.C. Gen. Stat. S 160A-485 or any amendments to that section. 10.3 Indemnification ofLessor. Lessee shall indemnify and hold harmless Lessor, and its officers, principals, directors, members, partners, equity owners, shareholders, employees, agents, servants, subtenants, concessionaires, licensees, contractors and invitees (i) from and against any and all liability, penalties, losses, damages, costs and expenses, demands, causes of action, claims or judgments arising from or growing out of any injury to any person or persons or any damage to any property as a result of any occurrence during the Term occasioned in any way as a result of the negligence caused by the action or naction of Lessee or Lessee's officers, principals, directors, members, partners, equity owners, shareholders, employees, agents, servants, subtenants, concessionaires, licensees, contractors or invitees occurring in or on the Leased Page 8 of 15 ITEM 10 Premises and Common Areas, or arising out ofLessee's use, occupation or operation of the Leased Premises and Common Areas, during the Term, and (11) from and against all legal costs and charges, including attorneys' fees, incurred in connection with any such matter and the defense of any action arising out of the same which may accrue or be placed thereon by reason of any act or omission of Lessee, and to protect against such liability Lessor shall maintain during the Term its commercial public liability insurance with the Lessor included and an additional insured on such insurance policy which shall cover this indemnification in the amounts of not less than One Million Dollars ($1,000,000) per person and not less than One Million Dollars ($1,000,000) per occurrence, and covering property damage in the amount of not less than,One Million Dollars ($1,000,000), with not less than Two Million Dollars ($2,000,000) in aggregate or combined single limit coverage. 10.4 Waiver ofSubrogation. Any policy or policies of fire, extended coverage, all-risk or similar casualty insurance, which either party obtainsin connection with the Building or Leased Premises, or Lessee's personal property therein, shall include a clause or endorsement denying the insurer any rights of subrogation against the other party to the extent rights have been waived by the insured prior to the occurrence ofinjury or loss. Lessora andLessee waive any rights ofrecovery against the other for damage or loss due to hazards covered by insurance containing such a waiver of subrogation clause or endorsement to the extent of the damage or loss covered thereby. Notwithstanding anything to the contrary contained in this Lease, neither party shall be deemed to have released or waived any claim against the other for damages to property within the deductible amount of such party's insurance policy. 10.5 Insurance Certificates. Lessee shall furnish to Lessor a certificate of insurance issued by the insurance carrier ofeach policy ofinsurançe which is required to be carried by Lessee pursuant hereto. Said certificate(s) shall expressly provide that such policies shall not be cancelable or subject to reduction of coverage or otherwise be subject to modification except after thirty (30) days' priorwritten noticeto the parties named as insureds or to which any such certificate has been issued. 10.6 Lessee's Insurance. Notwithstanding anything to the contrary contained herein, Lessee may, at its option, satisfy any or all ofits obligations to insure with (a) a so-called "blanket" policy or policies ofinsurance, including the applicable coverages as described above with respect to the Leased Premises,: as well as coverage ofother premises and properties ofLessee, or in which Lessee has some interest, or (b) an excess or umbrella liability policy or policies ofi insurance, now or hereafter carried and maintained by Lessee; provided, however, that Lessor and any additional party named pursuant to the terms of this Lease shall be named as additional insureds thereunder as their respective interests may appear, and provided that the coverage afforded Lessor and any such additional insureds shall not be reduced or diminished by reason ofthe use ofany such blanket or umbrella policy or policies and that all the requirements set forth in this Lease are otherwise satisfied. Page 9 of 15 ITEM 10 10.7 Lessee's Contents Insurance. Lessee shall, at its sole cost and expense, obtain and maintain throughout the Term ofthis Lease, on a full replacement cost basis, "special form" insurance covering all of Lessee's Property located on or within the Premises, and Lessor shall have no interest in any proceeds of such policy. ARTICLE 11 Damages & Destruction 11.1 Floodplain. Parties expressly acknowledge that théy are aware the Premises are located in a 100-year floodplain and has, on prior occasion, flooded. Accordingly, the Premises may still be susceptible to flooding, and Lessor shall not be liable for any damage to Lessee's Property caused by flooding. Additionally, it is expressly agreed upon that Lessor shall not be required to obtain any type ofinsurance that would cover said damage, and any such warranties, expressed or implied, related to the protection of the Premisesfrom flood damage are expressly disclaimed. Any insurance obtained by the Lessor that may cover damage caused by flood waters shall only inure to the benefit of the Lessor, and Lessee has no interest in said insurance or any claim or payment made therein. Lessee's insurance coverage required by Section 10.7 of this Agreement shall cover damage caused by floodwaters. 11.2 Lessor's Repairs. If either the Leased Premises or Building is damaged or destroyed to the extent that Lessor reasonably determines that it cannot, with reasonable diligence, be fully repaired or restored by Lessor within onehundred eighty (180) days after the date of such damage or destruction, either Lessororl Lessee may terminate this Lease. Lessor shall notify Lessee of any such determination in writing, within thirty (30) days after the date of such damage or destruction. IfLessor SO determinés that the Building can be fully repaired or restored within the one hundred eighty (180) day period, orif Lessor SO determines to the contrary but neither party terminates this Lease, then this Lease shall remain in full force and effect and Lessor shall, to the extent insurance proceeds are not required.to be applied to indebtedness on the Building or land, diligently repair or rebuild the Leased Premises and/or Building to return such improvements to the condition in which it/they ekistedimmediately prior to such damage or destruction, as soon as possible and within the maximum period of one hundred eighty (180) days, if applicable Page 10 of 15 ITEM 10 Article 12 Default 12.1 Events ofDefault. Each oft the following shall constitute an "Event ofDefault" on the part ofLessee: (a) Payment. Failure to pay any installment of Rent or other monies when due and payable under this Lease, if such failure continues for a period of thirty (30) days after written notice of such failure from Lessor to Lessee; (b) Performance. Except as otherwise set forth below, failure ofLessee to perform any of Lessee's non-payment obligations or covenants under this Lease and/or the Parties' Amended and Restated Library Services Agreement; (c) Assignment. A general assignment by Lessee for the benefit ofcreditors. (d) Bankruptcv, The filing of a voluntary petition by Lessee seeking the rehabilitation, liquidation or reorganization of Lessee under any law relating to bankruptcy, insolvency or other relief ofdebtors, orthe filing ofa an involuntary petition by any ofLessee's creditors seeking any such relief, if not dismissed or otherwise removed within ninety (90) days; (e) Receivership. The appointment ofa receiver or other custodian to take possession of substantially all of Lessee's assets or of this leasehold, if not dismissed or otherwise removed within ninety (90) days; (f) Dissolution. Entry ofa court decree or order directing the winding up or liquidation ofLessee or of substantially/all ofi its assets, ifhot reversed or otherwise removed within ninety (90) days; or any action by Lessee toward the dissolution or winding up ofits affairs; or (g) Attachment. Attachment, execution or other judicial seizure of substantially all of Lessee's assets or this leasehold, if not dismissed or otherwise removed within ninety (90) days. 12.2 No Waiver. Each right provided to a party under this Lease shall be cumulative and shall be in addition to evéry other right or remedy existing at law or in equity or by statute or otherwise. The exercise or beginning ofthe exercise by a party of any one or more ofthe rights or remedies provided forin this Lease, or now or hereafter existing at law or in equity or by statute or otherwise, shall not constitute a waiver of any other right or remedy provided for in this Lease or now or hereafter existing at law in equity or by statute or otherwise. No failure by a party to insist upon the strict performance of any term hereof or to exercise any right or remedy consequent upon a breach thereof, and no acceptance of full or partial payment by a party during the continuance of any such breach, shall constitute a waiver of any such breach or of any such term. The waiver by one party of the performance of any covenant, condition or promise shall not invalidate this Lease nor shall it be considered a waiver by such party of any other covenant, Page 11 of 15 ITEM 10 condition or promise hereunder. The waiver by any party of the time for performing any act shall not constitute a waiver of the time for performing any other act or an identical act required to be performed at a later time. ARTICLE 13 Rights Reserved by Lessor 13.1 Lessor shall have the following rights, exercisable without notice and without liability to Lessee for damage or injury to property, person or business and without affecting an eviction or disturbance of Lessee's use or possession or giving rise to any claim for offset or abatement of rent: (a) To change the name or street address of the Building; (b) To install and maintain signs on the exterior and interior of the Building; (c) To have keys to the Leased Premises; (d) To grant to anyone the exclusive right to conduct any business or render any service in the Building; (e) To enter the Leased Premises to makei inspections, alterations or additions in or to the Leased Premises or the Building or to exhibit the Leased Premises to prospective tenants, purchasers or others, at reasonable hours; and at any time in the event of an emergency, and to perform any acts related to the safety, protection, preservation, reletting, sale or improyément of the Leased Premises or the Building; (f) To approve the weight, size and location of safes and other heavy equipment and articles in and about the Leased Premisesand the Building and to require all such items to be moved in and out ofthe Building and Leased Premises only at such times and in such manner as Lessor shall direct and in all events at Lessee's sole risk and responsibility; (g), To approve the installation of any equipment, devices, machinery, mechanical equipment, electronic equipment or air conditioning equipment involving excessive utility consumpioninconsistent with the operation ofat typical medical office. In the event Lessor does provide written approval for the installation of equipment that requires electrical service or any other utility service and/or air conditioning in excess of normal requirements. - (h) At any time, to decorate and to make at its own expense, repairs, alterations, additions and improvements, structural or otherwise, in or to the Building or part thereof, and any adjacent building, land, street or alley, and during such operations to take into and through the Leased Premises or any part ofthe Building all material required and to close ortemporarily suspend operation of entrances, doors, corridors, elevators or other facilities. Page 12 of 15 ITEM 10 (i) To enter and make any lawful use of the portions not leased by Lessee as depicted on Exhibit A. ARTICLE 14 Miscellaneous 14.1 Ouiet Possession. If Lessee shall perform all of the covenants and obligations herein provided to be performed by lessee, Lessee shall at all times during the Term have the peaceable and quiet enjoyment of possession of the Leased Premises without any manner of hindrance from Lessor or any persons lawfully claiming under Lessor. 14.2 Notices. Any notice required or permitted to be given or served by either party to this Lease shall be given in writing, and shall be deemed given on the earliest of(a) the date three (3) business days after being deposited in the United States mail, certified or registered, postage prepaid, (b) when actually delivered, if delivered personally or by courier, or (c) next business day ifs sent by a reputable overnight courier, or (d) when actually réceived, if transmitted in writing as follows: LESSOR: Town of River Bend C/o Town Manager 45 Shoreline Drive River Bend, N.C. 28562 LESSEE: Red Caboose Community Library 14.3 Parties. This Lease and all. of the terms and provisions hereof shall inure to the benefit ofand be binding upon Lessor and Lessee, and their respective heirs, successors, assigns and legal representatives. 14.4 Attornevs' Fees. In any action or proceeding which Lessor or Lessee may be required to prosecute to enforce its respective rights hereunder, the unsuccessful party therein agrees to pay all costs incurred by the prevailing party therein, including reasonable attorneys' fees, to be fixed by theicourt, and said costs and attorneys' fees shall be made a part ofthejudgment in said action. 14.5 Captions. The captions appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of such sections or articles of this Lease nor in any way affect this Lease. Page 13 of 15 ITEM 10 14.6 Severability, If any provision of this Lease shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Lease shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 14.7 Applicable Law. This Lease, and the rights and obligations of the parties hereto, shall be construed and enforced in accordance with the internal laws ofthe State of North Carolina. 14.8 Entire Agreement. This Lease sets forth all covenants, promises, agreements, conditions and understandings between Lessor and Lessee concerning the Leased Premises, Building and Common Areas, and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between Lessor and Lessee other than as are herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Lease shall be binding upon Lessor or Lessee unless reduced to writing and signed by Lessor and Lessee. 14.9 Construction. The Language used in this Lease shall be deemed tobe the language shown by the parties to express their mutual intent, and no rulé of construction shall be applied against any party. IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written. TOWN OF RIVER BEND (LESSOR) By: Mark Bledsoe, Mayor ATTEST By: Kriste Noblès, Town Çlerk RED CABOOSE COMMUNITY LIBRARY (LESSEE) By: Printed: Its: LSS No. 156184 Page 14 of 15 ITEM 10 Exhibit A Leased Premises Date set No. FEB 01 0021 OAKLEY-COLLIER 2011 By Sheet No. 1 A R C H T E C T.S Drwn BA Checlod By A1.0 AWC 2E2-837-2500 252-937-2525 Voica Faxc 109 Rooky Candlewood Mount, NO: Road 27804 82-3" 82% EQ Ea PANEL BOXES FE PVLLDOAN Amo ACCESS e CHIEF STORASE ICE CHANI LNKGATES 1545F BREAK AREA SHONEA MACHNE BATHRQM RV 105 F 5F B 1,018 SF WATERI RESCURCES/ VPUBLIC MORKS UNFORM STORAGE WATER 4275F 400 SE RESOURCES POLICE FUBLGWORKS 2485F 3: SF NFINS SHOP COVERED STORAGE 4275F 1018 SF MB Leased Premises* UE SAFE AS BUILTI DRAWINGS FOR: -THE TOWN OF RIVER BEND Existing Water Resources/Public Works & Police Station Facility 15T FLOOR PLAN =1 1/8": 1-0 River Bend, North Carolina *Note: The Leased Premises are only the portions outlined and highlighted in red herein depicted. Page 15 of 15 ITEM 10 TOWN OF RIVER BEND 45 Shoreline Drive River Bend, NC 28562 1981 T 252.638.3870 F 252.638.2580 H - ARO www.rverDendnc.org PROPOSED CONTRACT THIS PROFESSIONAL SERVICES AGREEMENT, made and entered into this 19th day of June, 2025 by and between the TOWN OF RIVER BEND, a body politic and corporate of the State of North Carolina ("Town"); and K.A. JONES DESIGN & MANAGEMENT ("Contractor"). WITNESSETH: WHEREAS, the Town desires to employ Contractor for those matters contained in this Agreement and Contactor desires to render said services to Town. NOW, THEREFORE, BE IT RESOLVED by the parties as follows: ARTICLE 1 Responsibilities of Contractor 1.1 During the term of this Agreement, and subject to the conditions and terms contained herein, Contractor agrees to provide those services, and other obligations as more fully set forth in this agreement and Attachments "A", "B", "C", and "D" thereto. 1.2 Contractor shall provide its services hereunder in a timely manner, using that degree of care and professionalism as exercised by similar entities providing such services. 1.3 Contractor shall, at its own expense, maintain and carry workers' compensation, (if statutorily required), commercial general liability, and automobile liability insurance as identified in Attachment "C". Contractor shall provide the Town with Certificates of Insurance before services commence. 1.4 Contractor expressly acknowledges that this Agreement is non-exclusive, and that Town may retain the same services from other providers ifit deems the same necessary. 1 ITEM 10 ARTICLE 2 Responsibilities ofTown 2.1 Town agrees to perform all of its obligations, including compensating Contractor, as more particularly set forth in Section 2.5 and Attachments "A" and "B". To the extent there is any conflict between the provisions of Section 2.5 and any Attachment, Section 2.5 shall control. 2.2 Town shall provide reasonable assistance to Contractor in the performance of Contractor' S duties contained herein. 2.3 Invoices submitted to Town by Contractor, for work completed to the Town's satisfaction, shall be due and payable no more than thirty (30) days after date of submission of invoice. The Town's satisfaction, shall not be unreasonably withheld. 2.4 In no event shall Town be required to compensate Contractor if the project contemplated hereunder is not awarded and fully funded by the appropriate governmental agency. 2.5 The contract amount of $195.00 per ton as stated in Attachment "B" herein for "Routine Leaf and Limb Pickup" shall be effective until the contract expires on June 30, 2028. 2.6 For Routine Leaf and Limb Pickup, Contractor shall invoice the Town once per month after completion ofboth zones oft town, currently Zone 1 and Zone 2, for every month that service is provided. Contractor shall keep load tickets for invoices separated by zone. For Emergency Debris Removal, when provided, the Contractor shall invoice the Town on a monthly basis. Contractor is responsible for maintaining all supporting documentation such as load tickets, etc. which may be necessary to verify billing amounts for any service described herein. 2.7 There are two options for debris disposal. Option 1- The contractor may dispose of debris at the Coastal Environmental Partnership (CEP) facility, located at 7400 Old Highway 70 West, New Bern, NC. If sO, the Town will be billed directly by CEP and solely responsible for payment of all fees related to debris disposal associated with this contract. In this scenario, the contractor will not be involved in the billing/payment of tipping fees. The Town will provide the contractor with the necessary CEP identification (ID) stickers for disposal. At no time, shall the Town's ID stickers be used for disposal of debris not covered by this contract. Option 2- The Contractor may dispose of debris at a facility other than CEP. If SO, the town will pay a "tipping fee" ofs N/A per ton to the Contractor for debris disposal at that facility. The Contractor shall be solely responsible for the cost of and for providing weigh tickets to verify the 2 ITEM 10 total tonnage ofb billing. All weigh tickets using this method must originate from a weigh station that is calibrated and certified by the State of North Carolina. The contractor shall identify that weigh station(s) to the Town and notify the Town prior to using other weigh stations. Under this option, in no case, and at no time, shall the Town pay a tipping fee which exceeds the then current CEP tipping fee. The Contractor may still choose to utilize Option 2 for their convenience, but the tipping fee assessed to the Town shall not exceed the CEP tipping fee. In either option, the contractor will be responsible for all costs associated with transport of debris to the facility. No debris from outside or inside ofthe Town may be combined with debris collected within the Town under the terms of this agreement. The contractor is solely responsible for disposing of all collected debris at a disposal site in accordance with all applicable State/Federal laws and regulations. Stated more concisely, the Contractor is solely responsible for legally disposing of ALL debris associated with this agreement. ARTICLE3 Term The term of this Agreement is for a period starting July 1, 2025 and ending June 30, 2028 and shall be eligible for an optional three-year renewal, upon agreement ofboth parties. This Agreement may be terminated by either party at any time for cause upon 30 days advance written notice. Ifthe Town is the party terminating this Agreement for cause, Contractor shall be entitled to no further compensation. Otherwise, either party may terminate this Agreement without cause upon 90 days advance written notice. In the event oftermination without cause, Contractor shall be entitled to compensation for all services provided through the date of termination of the contract. Town may terminate performance of work under this Agreement in whole or in part for convenience if the Town determines that a termination is in the Town's interest. ARTICLE 4 Independent Contractor In the performance of services hereunder, the Contractor and its agents shall at all times act as an independent contractor practicing their profession and not as employees of the Town. Contractor and its agents shall not have any claim under this Agreement or otherwise against Town for vacation pay, sick leave, retirement benefits, social security, worker's compensation, disability benefits, unemployment insurance benefits, or employee benefits of any other kind. 3 ITEM 10 ARTICLE 5 Indemnification: Limitation ofLiability 5.1 To the extent allowed by law, each party shall defend, indemnify and hold harmless the other party from and against claims, damages, losses and expenses resulting from the negligent acts or omissions of malfeasance of the indemnifying party under this Agreement. The obligation of indemnity hereunder shall not include special, indirect, incidental or consequential damages, including but not limited to, loss of profits or revenue, loss of use of the equipment or any associated equipment, cost of capital, cost ofs substitute equipment, facilities or services, downtime costs, delays or claims of customers or third parties for any damages, however caused, whether based on warranty, agreement, tort, negligence, strict liability or otherwise and whether or not a party is advised of the possibility of such damages, and if this Agreement 1S governed by or interpreted in accordance with the laws of a jurisdiction that does not allow the exclusion or limitation of special, indirect, incidental or consequential damages SO that the foregoing limitation or exclusion does not apply, then such limitation or exclusion shall apply to the fullest extent allowable under applicable law. 5.2 Notwithstanding anything herein, in no event shall a party be liable, under any circumstances, for special, indirect, incidental or consequential damages, whether in warranty, agreement, tort, negligence, strict liability or otherwise and whether or not a party is advised of the possibility of such damages, including, but not limited to loss of profits or revenue, loss of use of the equipment or any associated equipment, cost of capital, cost of substitute equipment, facilities or services, downtime costs, delays, and claims ofcustomers or other third parties for any damages, and if this Agreement is governed by or interpreted in accordance with the laws of a jurisdiction that does not allow the exclusion or limitation of special, indirect, incident or consequential damages SO that the foregoing limitation or exclusion does not apply, then such limitation or exclusion shall apply to the fullest extent allowable under applicable law. Notwithstanding anything herein, each party's aggregate liability for any and all claims whether in agreement, warranty, tort, negligence, strict liability, or any otherwise for any loss or damages arising out of, connected with, or resulting from this Agreement or the performance or breach thereof, or from the design, manufacture, sale, delivery, resale, repair, replacement, installation, technical direction of installation, inspection, operation or use of any equipment covered by or furnished under this Agreement, or from any services rendered in connection therewith or related to the subject matter hereof, shall in no case exceed the contract price of this Agreement. 4 ITEM 10 ARTICLE 6 Force Majeure 6.1 Contractor shall neither be liable for loss, damages, detention or delay nor be deemed to be in default for failure to perform when prevented from doing sO by causes beyond its reasonable control including but not limited to acts of war (declared or undeclared) or terrorism, acts of God, fire, strike, labor difficulties, acts or omissions of any governmental authority, including the Town, compliance with government regulations, insurrection or riot, embargo, delays or shortages in transportation or inability to obtain neçessary labor, materials, or manufacturing facilities from usual sources or from defects or delays in the performance of its suppliers or subcontractors due to any of the foregoing enumerated causes. In the event of delay due to any such cause, the date of delivery or installation will be extended by a period equal to the delay plus a reasonable time to resume delivery or installation. ARTICLE 7 Miscellaneous 7.1 EntireAgreement: Modification: This Agreement (including all exhibits and schedules attached hereto), contain all ofthe terms and conditions agreed to by the Parties, and no other contract, document or agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any Party hereto or to vary any of the terms contained in this Agreement. This Agreement supersedes all prior agreements and understandings between the parties hereto relating to the subject matter hereof. 7.2 Severability: If any of the provisions of this Agreement shall be held by a court of competent jurisdiction to be unconstitutional or unenforceable, the decision of such court shall not affect or impair any ofthe remaining provisions ofthis Agreement, and the Parties shall, to the extent they deem to be appropriate, take such actions as are necessary to correct any such unconstitutional or unenforceable provision. It is hereby declared to be the intent ofthe Parties to this Agreement that this Agreement would have been approved and executed had such an unconstitutional or unenforceable provision been excluded therefrom. 7.3 Binding Effect: This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective legal representatives, successors, and assigns. 5 ITEM 10 7.4 Assignment: Except as may otherwise be expressly provided herein, no party may assign any right, obligation, or liability arising hereunder without the other party's prior written consent. Any such assignment or attempted assignment shall be null and void. 7.5 Headings: Headings in this Agreement are for convenience and reference only and shall not be used to interpret or construe its provisions. 7.6 Duplicate Originals: This Agreement shall be executed in duplicate originals, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 7.7 Notices and Communications: Notices or communications required or permitted to be given under this Agreement shall be given to the respective parties by hand or by registered or certified mail or nationally recognized courier service (said notice being deemed given as of the date of receipt) at the following addresses: For Town: Delane Jackson, Town Manager 45 Shoreline Dr. - River Bend, NC 28562 Telephone: 252-638-3870 For Contractor: Keven Jones DBA K.A. Jones Design & Management PO Box 511 Maysville, NC 28555 Telephone: Any party may change the address for such notice by giving written notice of such change of address to the other parties. 7.8 Governing Law and Venue. It is the intention of the parties hereto that this Agreement and the performance hereunder and all suits and special proceedings hereunder be construed in accordance with and under and pursuant to the laws of the State of North Carolina and that in any action, special proceeding or other proceeding that may be brought arising out of, in connection with, or by reason ofthis Agreement shall be brought in Craven County, North Carolina. 7.9 Non-Waiver. The failure or delay of any party to enforce or pursue any right or 6 ITEM 10 remedy existing pursuant to this Agreement shall not be deemed a waiver of such right or remedy and shall not limit such party's ability to pursue or enforce such right or remedy or any future right or remedy. 7.10 E-verify. Contractor will comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes, to the extent applicable. Contractor shall verify, by affidavit, compliance of the terms ofthis section upon request by Town. 7.11 Iran Divestment. Contractor certifies that it is not listed on the Final Divestment List. The Final Divestment List can be found on the State Treasurer's website at the address wwwectcasurer.om'tmm and should be updated every 180 days. 7.12 Israel Boycott. Contractor certifies that it has not been designated by the North Carolina State Treasurer as engaged in the boycott of Israel pursuant to N.C. Gen. Stat. $ 147- 86.81. It is the responsibility ofc Contractor to monitor compliance with this certification. ARTICLE 8 Amendment 8.1 Intentionally left blank for future amendments, if needed. INTESTIMONY WHEREOF, the parties hereto have duly executed this Agreement in duplicate originals, a copy of which is retained by each oft the parties, the day and year first above written. TOWN OF RIVER BEND Name of Contractor By: Mark Bledsoe Keven Jones Mayor Owner ATTEST: Kristie Nobles Town Clerk This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. By: Amanda Gilbert, Date Finance Officer 7 ITEM 10 ATTACHMENTS: A - Emergency Scope of Services to be Provided B - Routine Scope of Services to be Provided C-] Insurance Requirements D - Emergency Equipment Requirements - 8 ITEM 10 ATTACHMENT A SCOPE OF SERVICES EMERGENCY DEBRIS REMOVAL When notified to do SO by the Town Manager or his designee, the Contractor agrees to provide service to the Town after a storm event that may require removal oftrees and other debris from the Town. Contractor shall provide only those services as specifically directed by the Town. Contractor shall provide sufficient equipment and labor, and shall remove a minimum of twelve (12) tons of debris per day. The Town Manager shall determine if the service is needed, and to what extent, and shall certify the tonnage removed by weigh tickets submitted by Contractor or by other mutually agreed upon measurement options, such as cubicyards. Contractor agrees to begin this service within forty-eight (48) hours of being directed to provide said service (unless directed otherwise to delay commencement by the Town Manager) and to remain working in, the Town continuously, including weekends if directed by Town Manager, until the clean-up is complete as determined by the Town Manager. During an emergency debris removal event, the Town's rules for placement and size of material collected may be suspended and/or modified. The contractor shall dispose of debris in accordance with Section 2.7 herein. Each vehicle used for hauling emergency debris under this contract shall be clearly identified and numbered by the Contractor. Such numbering shall remain consistent throughout the term ofthe project. During the term of this contract, the Contractor shall not use any equipment or personnel designated for emergency debris removal during a town project, for any similar activities within the Town of River Bend unless specifically authorized by the Town Manager. For example, Contractor cannot provide emergency debris clean-up/removal services for hire to the general public with equipment designated for the town' s project, while working forthe Town without preapproval from the Town Manager. As needed, this service shall be provided to the Town at the rate of$195.00 per ton. - Initial (Town) Initial (Contractor) 9 ITEM 10 ATTACHMENT B SCOPE OF SERVICES ROUTINE LEAF AND LIMIB PICK-UP Contractor shall provide loading equipment, personnel and vehicles necessary to pick-up leaf and limbs as defined by Town Ordinance and transport such to a disposal site. The contractor shall dispose of debris at a facility and will be paid the per ton "tipping fee" in accordance with Section 2.7 herein. The contractor is solely responsible for disposing of all collected debris at a disposal site in accordance with all applicable State/Federal laws and regulations. As a condition ofthis agreement, contractor shall utilize a leafvacuum to provide for the final collection of leaves from the roadside/curbside (final is defined as the layer of leaves/debris which are in contact with the ground at the bottom of the debris pile), or provide a method that will provide similar results as those associated with using a leaf vacuum. For consistency, the Contractor is expected to develop a routine pick-up route for each Zone and make everyeffort to follow said route for each pick-up. Due to unusual events, the pick-up route may be assigned'modified by the Town Manager or his designee. These pick-ups shall be conducted on a regular schedule, which schedule shall be provided to the Contractor at the beginning of each fiscal year (fisçal year is defined as July 1- June 30) that this Agreement is in effect. The contractor is required to make at least one pass through (i.e. travel down) and provide pick-up service on every street at least once per scheduled pick-up. As a matter of convenience or necessity to the contractor, the contractor may, at his discretion, provide more than one pass on a street. However, the contractor is not required, as a condition ofthis contract, to re-visit streets and/or povidepickupofnaterialx that were: not placed by the street for collection in accordance with the pick-up rules/schedule, as published by the town. Contractor shall provide a daily progress report, on a form provided by the Town, to the Public Works Director, while the Contractor is in Town providing the contracted services. The Contractor shall mark debris, using flags, provided by the Town, which is noncompliant with the Town's Leaf and Limb regulations and therefore will not be collected by the Contractor. This type of debris will also be noted on the daily progress report. Excluding extreme weather delays or written advance approval from the Town Manager or his designee, Contractor shall be assessed a late fee of$1,000 for each zone and each month wherein the scheduled start times are not followed. For example, if Zone 1 is not started on time, but Zone 2is started on time, the contractor will be assessed a late fee ofs $1,000. Ifboth zones are not started on time, the contractor will be assessed a late fee of $2,000. Late fees will be deducted from subsequent Contractor's invoices until paid in full. The Contractor must provide sufficient equipment and labor, and remove a minimum of five (5) tons of leaf and limb per day, provided that volume of material exists. Contractor shall follow the requirements ofthe Town'sordinances, rules and regulations that may affect the services provided hereunder. This service shall be provided to the Town at the rate of$195 per ton. Initial (Town) Initial (Contractor) 10 ITEM 10 ATTACHMENTC INSURANCE REQUIREMENTS Contractor shall maintain insurance in the kind and amounts set forth below during the term ofthis Agreement. All such insurance coverage shall name the Town as an additional insured, and shall provide that the coverage shall not be changed or cancelled without thirty (30) days advance written notice to the Town. Prior to performance hereunder, Contractor shall furnish to the Town, certificates ofinsurance, in a form satisfactory to Town's legal counsel, evidencing such insurance. The kind and amounts ofinsurance are as follows: 1. Worker's compensation insurance in an amount equal to the statutory minimum. 2. General liability insurance, including personal injuries, in an amount of not less than $1,000,000 per person/1,000,000 per occurrence. 3. Automobile liability insurance coverage for all owned as well as non-owned and hired motor vehicles in limits of not less than a bodily injury liability of $1,000,000 per person/S1,000,000 per occurrence, and property damage liability of not less than $1,000,000. Initial (Town) Initial (Contractor) 11 ITEM 10 ATTACHMENT D Equipment available to be used, shall be at a minimum as follows, but may be increased at Contractors discretion to expedite the process: Routine Operations 1- Dump trailer with vacuum 1- Dump trailer 1- Excavator 2- Trucks Initial (Town) Initial (Contractor) 12 ITEM 11 Planning Board Report June 2025 The regular meeting of the Planning Board was held on June 5th at 6pm in the municipal building. During the public comment period a homeowner addressed the board about a problem with the fencing ordinance and her property which has been deemed a corner lot. She provided photographs and other details. Under old business the board voted not to accept the preliminary Aare Creek plat from Ellis Development as it was deemed incomplete. The board then took up the matter of the fence ordinance. There was much discussion. The board voted to ask Ms. McCollum, the asst. zoning administrator, to research how other towns deal with the issue of fencing ordinances. The meeting was adjourned. The next meeting, if it is held, will be on the first Thursday in July. All interested parties are encouraged to attend. ITEM 12 River Bend Community Organic Garden (RBCOG) Monthly Report for Council - 6/4/25 May Activity Gardeners labored 138 hours in March. 84 pounds of vegetables were harvested. Twice a month garden workdays are well attended. The daily work schedule is filled. Spring planting is complete. Summer harvest will start soon. The next meeting is scheduled for July 7, 2025 at 1:30 pm in the Municipal building. Guests are always welcome at the meetings and in the garden. bjm-6/4/25 ITEM 12 TOWN OF RIVER BEND 45 Shoreline Drive River Bend, NC 28562 981 T 252.638.3870 F 252.638.2580 A www.verbendnc.org June 19, 2025 Craven County Board of Commissioners & - Dennis Bucher, Chairman 406 Craven Street New Bern, NC 28560 - Re: Solid Waste Convenience Center a - Mr. Bucher, Please accept this letter in support of the construction of a new solid waste convenience center near River Bend. The current, closest facility to River Bend is the County's Sanders Lane site. From Town Hall, a round-trip to that facility is 20miles and 28 minutes. That is just transportation and does not include any time spent working through the facility & Over the years, the Town Council, as well as County Commissioner E.T. Mitchell, have received concerns from our residents about the lack of convenience in using that facility. The town is concerned that its location contributes to a lack of use-oft the facility by our residents and the surrounding area. Proper waste disposal and recycling are essential components to the goals of keeping our County clean, green and' environmentally sound. We believe that a new solid waste convenience center, which is truly convenient to River Bend and the surrounding area of Craven County, is crucial to accomplishing those goals. & On behalf of the Town Council of] River Bend, I encourage the Craven County Board of Commissioners to pursue this project as soon as possible. Sincerely, Mark Bledsoe, Mayor ITEM 12 TOWN OF RIVER BEND 45 Shoreline Drive River Bend, NC 28562 T 252.638.3870 F 252.638.2580 www.rverbendnc.org TO: Prospective Bidders FROM: Delane Jackson, Town Manager Re: Pickleball Court Construction DATE: May 28, 2025 The Town of River Bend (owner) is informally soliciting proposals for the construction of pickleball courts. Please review the details below. If interested, complete the form below by inserting your price in the designated area, sign and return to me. We are utilizing the informal bid procedure. Proposals are due to me by June 17, 2025 at 3 p.m. You can email your proposal to me or hand deliver it. If you are not interested in submitting a bid, please respond to this email and let me know that you are not interested in submitting a proposal. The Town reserves the right to reject any and all proposals. SCOPE OF WORK: The construction of two (2) all-weather pickleball courts with approximate overall dimensions of 64' x 68' per attached layout. Contractor shall perform the following unless otherwise indicated: SITE PREPARATION: 1. Contractor shall provide all clearing and rough grading, to include all excavating, filling, grading "see clarification and leveling work; excavation and removal of any and all unsuitable soil and vegetation debris. note on 3 Ensure that the sub-base will be properly compacted to 95% and willl be plus or minus one tenth below page (.10) foot of the final sub-grade elevation. Ensure that the degree of slope shall be a minimum of 1"in 10' (.83%), and a maximum of 1%, all in one direction and on one plane. Ensure that the graded area shall extend a minimum of three (3) feet beyond the perimeter of the court and the cleared area shall extend a minimum of 15' beyond the perimeter of the court, although additional clearing may be warranted depending on the growth habits of surrounding trees. 2. Underground utilities shall be located and marked by Contractor or others. Contractor is not responsible for damage to unmarked utilities incurred during its performance of the scope of work. CONSTRUCTION: 3. Contractor shall survey and stake subgrade. Court to be located approx. 10' off the existing basketball court per the attached layout, near 115 Wildwood Drive in River Bend. Exact location to be determined by consultation with owner prior to project commencement. 4. Contractor shall fine grade subgrade as necessary. 5. Contractor to install and compact a crushed stone base course to a compacted thickness of six (6) inches using a laser-operated motor grader. Stone shall extend approximately 12" beyond edge of asphalt. 6. Contractor to install and compact hot-mix asphalt, Type RS9.5B, to a compacted thickness of 3" in two (2)- 1 %2" lifts. FENCING: 7. Contractor to provide and install a full perimeter Black Viny-coatedgalvanzed chain link fence system. System to include approximately 176 I.f. of six-foot-high fence with 9-gauge vinyl-coated fabric and 88 I.f. of four-foot-high fence with 9-gauge vinyl-coated fabric, 2" mesh, 3" OD terminal posts, 2-1/2" OD line posts, 1-5/8" OD toprail, 7-gauge bottom tension wire, corner braces and truss rods and all associated hardware. Posts to be Black SS40 pipe and toprail to be Black SS40 pipe. Also included are two (2) single-leaf walk gates (4'x4). ITEM 12 SURFACING SYSTEM AND ACCESSORIES: 8. Contractor to provide and install net post foundations (18" dia. x: 36" deep bell shaped) and center strap anchors in concrete. Net posts to be sleeved in PVC pipe. Spoil (except asphalt) can be wasted around courts. Removal of spoil from pickleball court area would be extra. 9. After asphalt has cured a minimum of thirty (30) days, patch depressionslbirdbaths holding more than 1/16" water, after one hour on a sunny, 70-degree Fahrenheit day, shall be corrected with acrylic oatching material. 10. Contractor to apply two (2) coats of acrylic resurfacer (Laykold or equal) according to manufacturer's directions. 11. Contractor to apply one (1) sand-filled coat and one (1) finish coat of Laykold Colorcoat (or equal) according to manufacturer's directions. Color: Centers Dark Blue Kitchen - Light Blue Borders Medium Green 12. Contractor to layout, mask, and hand paint playing lines (2") with Laykold Textured White Acrylic Line Paint to conform to USA Pickleball specifications. Lines to be sealed with Laykold Line Prime prior to the application of line paint. 13. Contractor to provide and install two (2) sets of black Putterman Athletics (PROPB2B) external- wind pickleball net posts (2-7/8" OD) with removable handles and two (2) Putterman Athletics pickleball nets with center straps (#PRO1223). 14. Contractor to clean up area and dispose of all debris related to Contractor scope of work. Leave courts ready for play. MISCELLANEOUS 15. Owner shall provide potable water, meter if necessary, and electricity. 16. Contractor is not responsible for excessive mud on courts due to higher surrounding terrain, or improper drainage. Contractor will provide clean off work upon the parties' mutually signing a written change order. 17. The Contract Price does not include boring through any rock. Contractor may be asked to perform said work upon the parties' mutually signing a written change order. 18. Owner warrants that the project is located on real property owned by the Owner and that Owner shall provide equipment and vehicle access to the project site at such times and on such dates as Contractor reasonably requires in connection with the execution and completion of the work. 19. Price does not include any backfilling, seeding, or landscaping. Contractor may be asked to perform or subcontract said work upon the parties' mutually signing a written change order. 20. Owner is responsible for any necessary permits, fees, approvals, etc. unless otherwise indicated. 21. Contractor to call 811 as required (3) days prior to mobilization and notify them to mark any utilities in the area of work. However, this does not cover any private utilities that may be present. The owner will locate its utilities. 22. Any organics or unsuitable soils encountered in the existing subgrade will need to be removed and replaced with structural fill material. Any materials that need to be imported or hauled away will be provided by Contractor upon the parties' mutually signing a written change order. The proposed grading plan provides for a balanced site with no anticipated import or export required. 23. Striped organic material to be spoiled on site and removed by Owner unless agreed upon by the parties' mutually signing a written change order. 24. The Owner will be responsible fori the removal of any trees and associated root matter. Tree removal to be completed by Owner prior to Contractor mobilizing on the project. 25. Note: Owner is aware of depending on the source and location of the aggregate used to make the asphalt (which contractor has no control over), iron contamination may be present in the asphalt mix. Ini time, this may result in the appearance of rust stains, and, eventually, blemishes in the court surface. There is no way to predetermine the presence or quantity ofiron contamination in a particular load of asphalt, noris there any way to eliminate this chemical reaction once it has begun. Contractor shall not be responsible for the presence of iron contamination in an asphalt mix produced. from locally obtained aggregates. Importing of aggregates (ata higher cost) is the only way to ensure this problem will not occur. Recoating will not "hide" the rust spots while the spot of contamination is still reacting. Once it/ has run its course, patching of the affected area will typically repair the problem. Owner agrees that work may be performed at an extra charge upon completion of written work order. ITEM 12 26. Contractor agrees to maintain the price submitted herein, below for a period of 30 days after due date of proposal. 27. Contractor must be licensed as a General Contractor in North Carolina and maintain adequate general liability insurance and workers compensation coverage as required by law. 28. Owner will hire a project inspector, at no cost to the Contractor, to perform regular inspections and review of pay request. Prior to final acceptance of proposal, both parties will execute a contract with greater details and specificity in regard to General Conditions and other pertinent details. Contractor proposes to furnish material and labor, to complete project in accordance with above specifications, for the sum of: Eighty-Four Thousand Five Hundred Seventy-Three Dollars $ 84,573.00 (Spell out amount here, Ex: nine hundred twenty three dollars) (enter numeric value) Contractor Name: Recreational Ventures, Inc. dba Court One Address 59 Craftsman Drive City Youngsville State NC Email wright@courtone.net Phone Number 919-570-9255 Contractor License Number NC 31762 State NC Contactor Signature AG Date 5/29/2025 Note: Any unsuitable soils or Vegetative debris discovered during site grading (as outlined in line item #1 above) would be viewed as urt forseen conditions, the cost of which is not included in the above pricing. If unsuitable conditions are uncovered during site grading, any removal and replacement will be handled via change order (as outlined in line item #22 above). ITEM 12 BE ERVOIEDBY TREETS OTHERS a "o o E 0 68-0 6-High Fence 176L.F. 4'H High Fence 88L.F. C 48" Walk Gate (2) Total Town of River Bend 115 Wildwood Dr. River Bend, NC