On the agenda: Black Mountain Town Council Agenda Work Session & Special Meeting- 5:00 pm — Flock Camera (Sep 10)

TOWN OF BLACK MOUNTAIN
TOWN COUNCIL

September 10, 2026

SPECIAL MEETING & AGENDA
REVIEW

Time: 5:00 PM

Town Hall Council Chambers | 160 Midland Avenue, Black Mountain, NC 28711
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The Town of Black Mountain is committed to providing accessible facilities, programs, and
services for all people in compliance with the American with Disabilities Act (ADA). Hearing
assistive devices are available at the door. Should you need other assistance or
accommodation for this meeting, please contact Town Clerk Wesley Barker at:
[email protected], or (828) 419-9300 / TDD (800) 735-2962
1.

CALL TO ORDER

2.

NEW BUSINESS
2.A.

Designation of OSBM Grant Accounts as Official Depositories of Public Funds Matt Begley, Recovery & Capital Programs Director
Motion: Motion to approve the resolution to designate four bank accounts
for the OSBM Grants Awards as official depositories for public funds.

2.B.

Grant Application for Golf Maintenance Building Debris Removal - Matt Begley,
Recovery & Capital Programs Director
Motion: Motion to approve the resolution authorizing the submission of a
grant application to the NCDEQ Helene Debris Recovery & Disposal Grant
Program for the Golf Maintenance Building.

2.C.

Grant Contract Agreement with NC Commerce for the Sutton Ave. Stormwater
Project - Matt Begley, Recovery & Capital Programs Director

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Motion: Motion to approve the resolution approving the grant agreement
with NC Department of Commerce for the Sutton Ave. Stormwater Project
Phase I.
2.D.

3.

AGENDA REVIEW AND APPROVAL
3.A.

4.

Resolution to Award the Sutton Ave. Stormwater Project to John R. McAdams
Company, Inc. and Approval of a Capital Project Ordinance for the Sutton Ave.
Stormwater Project. - Matt Begley, Recovery & Capital Programs Director
Motion: Motion to approve the Resolution to Award the Sutton Ave.
Stormwater Project to John R. McAdams Company, Inc. and Approval of the
Capital Project Ordinance for the Sutton Ave. Stormwater Project as
presented.

September 14, 2026 Regular Meeting Agenda Draft

ADJOURNMENT

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TOWN OF BLACK MOUNTAIN

AGENDA ITEM SUMMARY
SUBMITTER:

Matt Begley, Recovery & Capital MEETING DATE:
Programs Director

AGENDA SECTION: New Business
TITLE OF ITEM:

DEPARTMENT:

September 10, 2026
Administration

Designation of OSBM Grant Accounts as Official Depositories of Public
Funds

SUGGESTED MOTION(S):
Motion to approve the resolution to designate four bank accounts for the OSBM Grants Awards
as official depositories for public funds.
SUMMARY:
Town Council will consider a resolution designating four bank accounts as official depositories
of public funds for the Town of Black Mountain. These accounts will be set up to hold funds
received as part of the Office of State Budget and Management (OSBM) Helene Local
Government Capital grant program. Due to the requirements of the grant program to
completely segregate the funds received from other Town funds, including any interest earned,
the funds cannot be held in the Town’s main account while grant related expenses are still
being incurred. These four accounts will be hosted at NCCMT and will be named as follows:
• “OSBM – Public Safety (12395)”
• “OSBM – Cragmont Rd. (12392)”
• “OSBM – Veteran’s Park (12393)”
• “OSBM – Golf Maintenance (12394)”
Subsequent Capital Project Ordinances and amendments to Capital Project Ordinances for
associated projects will outline the procedure for reimbursing grant-related expenses from
these accounts. Council will consider approval of the attached resolution.

BUDGET IMPACT:

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Is this expenditure approved in the current fiscal year budget? n/a
If no, describe how it will be funded. n/a

ATTACHMENTS:
1. R-26-XX Resolution to Designate Four Bank Accounts for OSBM Grants as Official
Depositories

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Council Member _______ made a motion to approve the following resolution. A vote of ____.
A RESOLUTION TO DESIGNATE FOUR BANK ACCOUNTS FOR THE OFFICE OF
STATE BUDGET AND MANAGEMENT (OSBM) GRANTS AWARDS AS OFFICIAL
DEPOSITORIES FOR PUBLIC FUNDS
Resolution No. R-26-XX
WHEREAS, the Town of Black Mountain has been awarded four grants from the Office of State
Budget and Management (OSBM) North Carolina Helene Local Government Capital grant
program; and
WHEREAS, these funds are intended to be used for specific recovery projects which are
partially or entirely ineligible for funding through FEMA Public Assistance; and
WHEREAS, this grant program distributes funds prior to expenditures associated with the grant
project scope; and
WHEREAS, OSBM requires these funds be held segregated from other Town funds, including
interest earned, until eligible expenses are incurred; and
WHEREAS, Town staff have set up separate bank accounts from the Town’s main account to
hold these funds until expenses are made; and
WHEREAS, for financial reporting, the Town will be require to recognize these accounts as
official depositories; and
WHEREAS, these accounts will be set up at NCCMT and be named the following,
corresponding with the grant project itself, (1) “OSBM – Public Safety Building (12395)”, (2)
“OSBM – Cragmont Rd. (12392)”, (3) “OSBM – Veteran’s Park (12393)”, and (4) “OSBM –
Golf Maintenance (12394)”; and
WHEREAS, once received, these funds will be distributed to these accounts according to the
project for which they are intended; and
WHEREAS, Capital Project Ordinances for these projects will subsequently be created or
amended to reflect the procedure for withdrawing these funds to reimburse eligible grant
expenses;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF BLACK MOUNTAIN THAT:
1. The Interim Town Manager, and/or a designee(s) thereof, is authorized to create these
accounts and designate them as official depositories of public funds and execute and file
any documents necessary to this end.
2. The Interim Town Manager, and/or a designee(s) thereof, is authorized to deposit funds
from OSBM for these grant awards in their corresponding accounts.

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3. The Town Council directs Town staff to bring amendments to existing Capital Project
Ordinances and new Capital Project Ordinances for these four projects which reflect the
procedure for reimbursing grant-related expenses once these accounts are created.
ADOPTED this 10th day of September 2026.
___________________________
C. Michael Sobol, Mayor

Attest:
___________________________
Wesley M. Barker, Town Clerk

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TOWN OF BLACK MOUNTAIN

AGENDA ITEM SUMMARY
SUBMITTER:

Matt Begley, Recovery & Capital MEETING DATE:
Programs Director

AGENDA SECTION: New Business
TITLE OF ITEM:

DEPARTMENT:

September 10, 2026
Administration

Grant Application for Golf Maintenance Building Debris Removal

SUGGESTED MOTION(S):
Motion to approve the resolution authorizing the submission of a grant application to the
NCDEQ Helene Debris Recovery & Disposal Grant Program for the Golf Maintenance Building.
SUMMARY:
Town Council will consider a resolution to authorize the submission of a grant application to the
North Carolina Department of Environmental Quality Helene Debris Recovery & Disposal grant
program for the golf maintenance building. This funding is available to local governments to
remove solid debris from Tropical Storm Helene. The current golf maintenance building is not
able to be repaired in its current location and the Town has applied for funding to relocate the
facility. The programs for which the Town has previously submitted applications do not cover
costs to remove the remnants of the current facility. This funding, if received, would help cover
the gap between the funding for which the Town has been awarded or has outstanding
applications, and the total project costs to relocate to a new golf maintenance facility.

BUDGET IMPACT:
Is this expenditure approved in the current fiscal year budget? n/a
If no, describe how it will be funded. n/a

ATTACHMENTS:
1. R-26-XX Resolution to Apply for the NC Helene Debris Recovery & Disposal (DRD) Grant
Program for Golf Maintenance Building Debris Removal
2. DEQ Helene Debris Recovery & Disposal Grant Application

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Council Member _______ made a motion to approve the following resolution. A vote of ___.
A RESOLUTION AUTHORIZING TOWN STAFF TO SUBMIT AN APPLICATION
FOR THE NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
(NC DEQ) HELENE DEBRIS RECOVERY & DISPOSAL (DRD) GRANT PROGRAM
RESOLUTION NO. R-26-XX
WHEREAS, Tropical Storm Helene caused extensive damage to the Town of Black Mountain
Golf Maintenance Building; and
WHEREAS, this building was subsequently deemed unsafe due to the extent of the damage
incurred; and
WHEREAS, this building cannot be restored in its current location and comply with modern
codes and standards; and
WHEREAS, the Town has applied for funding to relocate a golf maintenance facility to higher
ground to comply with NFIP standards; and
WHEREAS, the funding received by the Town does not cover demolition and removal of the
remnants of the current structure; and
WHEREAS, the Town is eligible for the NC DEQ Helene Debris Recovery & Disposal grant
program; and
WHEREAS, this program covers solid waste disaster debris clean-up and removal projects that
are not covered by Federal Emergency Management Agency (FEMA) or other funding sources;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF BLACK MOUNTAIN:
1. That the Town of Black Mountain is authorized to submit a formal application to the NC
DEQ Helene Debris Recovery & Disposal grant program for removing the remnants of
the current golf maintenance building.
2. That the Town Manager (or designee) is authorized to execute and file the application,
including all assurances and agreements required, on behalf of the Town of Black
Mountain.
This Resolution shall take effect immediately upon its adoption.
APPROVED this the 10th day of September 2026.
_______________________
C. Michael Sobol, Mayor
Attest: _______________________
Wesley M. Barker, Town Clerk

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TOWN OF BLACK MOUNTAIN

AGENDA ITEM SUMMARY
SUBMITTER:

Matt Begley, Recovery & Capital MEETING DATE:
Programs Director

AGENDA SECTION: New Business
TITLE OF ITEM:

DEPARTMENT:

September 10, 2026
Administration

Grant Contract Agreement with NC Commerce for the Sutton Ave.
Stormwater Project

SUGGESTED MOTION(S):
Motion to approve the resolution approving the grant agreement with NC Department of
Commerce for the Sutton Ave. Stormwater Project Phase I.
SUMMARY:
Town Council will consider a resolution to approve the grant agreement with the North Carolina
Department of Commerce for the Sutton Ave. Stormwater Project Phase I. The grant agreement
is included as an attachment.

BUDGET IMPACT:
Is this expenditure approved in the current fiscal year budget? n/a
If no, describe how it will be funded. n/a

ATTACHMENTS:
1. R-26-XX Resolution to Authorize the Grant Agreement with NC Department of Commerce
for the Sutton Ave Stormwater Project (Phase I)
2. SA-0432_Contract

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Council Member _______ made a motion to approve the following resolution. A vote of ____.
A RESOLUTION TO AUTHORIZE THE GRANT AGREEMENT WITH THE NORTH
CAROLINA DEPARTMENT OF COMMERCE FOR THE SUTTON AVE.
STORMWATER PROJECT (PHASE I)
Resolution No. R-26-XX
WHEREAS, the Town Council authorized Town staff to apply for the NC Department of
Commerce Small Business Infrastructure (SmBIZ) grant program for the Sutton Ave.
Stormwater project (Phase I) through resolution R-25-53 approved on September 8, 2025; and
WHEREAS, the maximum grant award amount from the program is $1,000,000 per project; and
WHEREAS, the Town was awarded $1,000,000 through the NC Department of Commerce
SmBIZ grant program for the Sutton Ave. Stormwater Project (Phase I); and
WHEREAS, this project will improve stormwater infrastructure along Sutton Ave. and provide
for a more resilient stormwater system for the low-lying downtown area on the North side of the
railroad tracks; and
WHEREAS, the Town has received the grant contract from the NC Department of Commerce;
and
WHEREAS, Town staff have reviewed the grant agreement and have included the agreement as
an attachment for Council approval;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF BLACK MOUNTAIN THAT:
1. The Town Council of the Town of Black Mountain authorizes the Chief Elected Official
of the Town of Black Mountain to execute the attached agreement with the NC
Department of Commerce to fund the Sutton Ave. Stormwater Project (Phase I).
2. The Interim Town Manager, and/or a designee(s) thereof, is authorized to execute and
file any other documents required to supplement this agreement with the NC Department
of Commerce.
This Resolution shall take effect immediately upon its adoption.

ADOPTED this 10th day of September 2026.
___________________________
C. Michael Sobol, Mayor
Attest:
___________________________
Wesley M. Barker, Town Clerk

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September 4, 2026
C. Michael Sobol
Mayor
Town of Black Mountain
160 Midland Ave
Black Mountain, NC 28711
Re:

Contract Agreement for Grant Number SA-0432; Your Signature and Reply is Requested
Project Title: “Phase 1 – Downtown Stormwater Inlet Rehabilitation Project”

Dear Mayor Sobol:
This contract document is required to finalize the grant award for funding as described in the Disaster Recovery Act of 2025
– Part I. Below is a description of the documents included along with an explanation of each.
Document:
Grant
Agreement
Exhibit A

Document Description:
Contract: Outlines the terms of Agreement between the Department of Commerce
and the Unit of Local Government.
Small Business Infrastructure Grant Application

Signed By:
Highest Elected Official Unit of Local Government
No Signature Required

Exhibit B

Payment Schedule: Outlines the process for the Unit of Local Government to
request payments from the Department of Commerce.
Reporting Schedule: Outlines the schedule of reports that are due from the Unit of
Local Government to the Department of Commerce and when they are due.
Small Business Infrastructure Grant Program Guidelines

No Signature Required

Exhibit C
Exhibit D

No Signature Required
No Signature Required

Please execute this document and return a copy to [email protected]. A copy of this document and all others
pertaining to the project will be available and accessible through the Rural Connect Portal. If you have any questions, or if I
can be of any assistance, please contact me, [email protected] or please contact your program manager,
[email protected].

Sincerely,

Hazel S. Edmond, Director
Rural Engagement & Investment Programs

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Rural Economic Development Grant Agreement
Small Business Infrastructure Grant Program

SA-0432

The North Carolina Department of Commerce (“Commerce”), an agency of the State of North
Carolina (“State”), enters into this Small Business Infrastructure Grant Agreement (the “Agreement”) with
the Town of Black Mountain (the “Local Government”), each being referred to individually as a “Party”
and collectively as the “Parties”.
WHEREAS, the North Carolina General Assembly (“General Assembly”) has determined that it is
the policy of the State to assist with disaster recovery;
WHEREAS, the General Assembly, in the Disaster Recovery Act of 2025 – Part I (North Carolina
Session Law 2025-02) (the “Act”), transferred funds from the State Emergency Response and Disaster
Relief Fund (“SERDRF”) to the Hurricane Helene Disaster Recovery Fund (the “Helene Fund”);
WHEREAS, in Section 2A.2(4) of the Act, the General Assembly appropriated Fifty-Five Million
Dollars ($55,000,000) from the Helene Fund for the Small Business Infrastructure Grant Program (the
“Program”);
WHEREAS, under Section 2F.1(a) of the Act, the Program is to be administered by Commerce;
WHEREAS, the General Assembly has created the Rural Economic Development Division
(“REDD”) within Commerce, and REDD will be responsible for administering the Program;
WHEREAS, the purpose of the Program is to provide grants to eligible local governments to
expedite infrastructure repairs impacting the operation and patronage of small businesses in the Affected
Area;
WHEREAS, under Section 2F.1(c) of the Act, the General Assembly has authorized Commerce
to review applications for grants under the Program and, where appropriate, award grants to eligible local
governments on a first-come, first-served basis; and
WHEREAS, pursuant to the Act, and based on the application filed by the Local Government (the
“Application”) and any subsequent materials supporting the Application that have been approved of by
Commerce in writing as of the Effective Date, all of which are included as Exhibit A and are incorporated
by reference herein, Commerce has approved a grant to the Local Government (the “Grant); and
WHEREAS, without limitation, Commerce awarded the Grant: (1) based on the Application filed
by the Local Government and the certifications contained therein and (2) for the completion of the Project
(as defined below), as summarized in the Application.
NOW, THEREFORE, in consideration of the mutual promises and such other valuable
consideration as set out herein, the Parties mutually agree to the following terms and conditions:
SECTION 1. DEFINITIONS
1.1

“Act” means The Disaster Recovery Act of 2025 – Part 1 (N.C.S.L. 2025-02).

1.2

“Affected Area” means the counties designated before, on, or after March 19, 2025, under a
major disaster declaration by the President of the United States under the Stafford Act (P.L. 93288) as a result of Hurricane Helene.

1

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Small Business Infrastructure Grant Program

SA-0432

1.3

“Agreement” means this Small Business Infrastructure Grant agreement between the Local
Government and the Department of Commerce, as amended, modified, revised, or supplemented
from time to time and including the documents set forth in the Preamble and the Exhibits listed in
Paragraph 5.14.

1.4

“Application” has the meaning set forth in the Preamble.

1.5

“Commerce” means the North Carolina Department of Commerce.

1.6

“Effective Date” has the means 10/31/2025.

1.7

“Eligible Local Government” means a city or county, as defined in N.C. Gen. Stat. §§ 160A-1
and 153A-1, located in an Affected Area.

1.8

“General Assembly” means the North Carolina General Assembly.

1.9

“Grant” means the Small Business Infrastructure Grant awarded to the Town of Black Mountain on
10/31/2025 by Commerce and subject to the terms and conditions of this Agreement.

1.10

“Grant Term” means the effective period of this Agreement beginning on
10/31/2025 (“Effective Date”) and terminating on
10/31/2028 unless terminated on an earlier date under the terms of this
Agreement (either one of which dates shall constitute the “Termination Date”) or unless extended
for an express term agreed upon in writing by the Local Government and Commerce.

1.11

“Local Government” means the Town of Black Mountain, a town in Buncombe County,
North Carolina.

1.12

“Project” means repair or reconstruction of the Sidewalk & Curb Infrastructure, as
described in the Application.

1.13

“Project Change” means any material alteration, addition, deletion, or expansion of the Project,
including but not limited to material changes to construction or rehabilitation and any filing of
bankruptcy by the Local Government.

1.14

“Qualifying Infrastructure Needs” means water, sewer, gas, telecommunications, high-speed of
businesses located in an Eligible Local Government and damaged by Hurricane Helene that, until
repaired, inhibits access to or operations of one or more of those Small Businesses (as defined
below). For purposes of the Agreement, infrastructure owned by the Small Business(es) or for
which the Small Business(es) is/are responsible for maintaining is not included.

1.15

“REDD” has the meaning set forth in the Preamble.

1.16

“Secretary” means the Secretary of the North Carolina Department of Commerce.

1.17

“Small Businesses means
Take a Hike Outfitters, LLC
Southeast LBM Holdco, LLC dba
Henson Building Materials

Limited Liability Company
Limited Liability Company

NC
NC

2

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Rural Economic Development Grant Agreement
Small Business Infrastructure Grant Program

SA-0432

a business with a physical presence in the Affected Area that employs/ one hundred fifty (150) or
fewer employees, as identified in the Application.
1.18

“State” means the State of North Carolina and any of its related agencies, commissions, or
departments (including Commerce, the North Carolina State Auditor, the North Carolina Office
of State Budget and Management, and the Joint Legislative Commission on Governmental
Operations) and any of their authorized representatives.

SECTION 2. REPRESENTATIONS AND WARRANTIES
2.1

Representations and Warranties by the Local Government
a) The Local Government makes the following representations and warranties and acknowledges
and agrees that such representations and warranties have been material to Commerce’s decision
to enter into this Agreement and to its determination that the Local Government is eligible for a
grant with respect to the Project, and the Local Government further agrees that each
representation and warranty shall be true, accurate, and complete as of the date of execution
and delivery of this Agreement and as of the date of any disbursement of Grant funds:
b) The execution and delivery of this Agreement have been duly authorized by all necessary Local
Government action and are not in contravention of law or in contravention of the provisions of
any indenture agreement or undertaking to which the Local Government is a party or by which
it is bound.
c) To the knowledge of the Local Government, no action or legal proceeding is threatened against
it or affecting it that may adversely affect the Project or any of the transactions contemplated by
this Agreement or the validity or enforceability of this Agreement or the abilities of the Local
Government to discharge its obligations under this Agreement. If it is subsequently found that
such an action, suit, proceeding, or investigation did or could threaten or affect the development
and/or completion of this Project, the Local Government shall be liable to Commerce for
repayment of the entire amount of the Grant, and this Agreement may be terminated by
Commerce, effective upon notice of such termination.
d) No approval is necessary, or if any approval is necessary, all such approvals have been
obtained from any governmental authority as a condition to the execution of this Agreement
by the Local Government. The Local Government shall provide Commerce with evidence of
the existence of any such necessary approvals at the time of the execution of this Agreement.
e) The Local Government is solvent.
f) The Local Government shall provide Commerce with any information it obtains with regard to
the Project. Additionally, at Commerce’s request and on Commerce’s behalf, the Local
Government shall exercise any rights of the Local Government to access, obtain, review, or
monitor such information in the possession of third parties, including any Business.
g) The Local Government shall exercise all of its rights and duties under this Agreement in a
prudent and timely manner to ensure the use of the Grant funds for their intended purposes and
3

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Small Business Infrastructure Grant Program

SA-0432

objectives and to preserve the rights of Commerce in this Agreement.
h)

If the Local Government fails to timely repay Commerce any Grant funds upon request and as
directed, and, at its sole discretion, Commerce elects to initiate legal proceedings against the
Local Government for such repayment, the Local Government is responsible and agrees to
reimburse Commerce for all litigation costs and reasonable attorneys’ fees that Commerce incurs
in pursuing repayment.

i)

The Local Government qualifies as an Eligible Local Government.

j)

The County in which the Local Government sits qualifies as an Affected Area.

k)

The Small Businesses are a businesses with a physical presence in the Affected Area that
employ one hundred fifty (150) or fewer employees.

l)

The Project addresses a Qualifying Infrastructure Need that adversely affects access to or
operations of the Small Businesses identified in the Application.

m) The infrastructure to be repaired by the Project was damaged by Hurricane Helene.

2.2

n)

The Small Businesses do not own the infrastructure to be repaired by the Project and is/are not
responsible for maintaining the infrastructure to be repaired by the Project.

o)

The Small Businesses identified in the Application were adversely impacted by Hurricane
Helene, and the resulting damage to infrastructure has inhibited access to or operations of the
Businesses.

p)

The Small Businesses identified in the Application will benefit from the Project.

q)

The Local Government will use the Grant Funds only for purposes of repairing the Qualifying
Infrastructure Needs identified in the Application, as permitted under this Agreement and under
the Act.
Changes in the Project or Other Conditions.

(a) There shall be no Project Change unless expressly approved by Commerce in a separate, prior
written agreement stating, if applicable, the costs and schedule for completing the Project
Change.
(b) Additionally, the Local Government immediately shall provide written notice to Commerce of
any change in conditions, local law, or any other event which may significantly affect its ability
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Small Business Infrastructure Grant Program

SA-0432

to oversee, administer, or perform this Agreement or the Project. In its sole discretion,
Commerce may deem such a change in conditions, local law, or other event to constitute a
Project Change.
SECTION 3. TERMS AND CONDITIONS OF AGREEMENT
3.1

Project Details
(a) The Local Government represents that it has, or will secure at its own expense, all personnel
required to monitor, carry out, and perform the scope of services of this Agreement. Such
employees shall not be employees of Commerce. Such personnel shall be fully qualified and shall
be authorized under State and local law to perform such services.
(b) The Project will commence on 10/31/2025.
(c) The infrastructure is to be repaired as described in the Application.
(d) The Small Businesses are located,
Business Name

Physical Address

Take a Hike Outfitters, LLC

100 Sutton Ave.
Black Mountain, NC 28711

Southeast LBM Holdco, LLC/dba Henson
Building Materials

139 Broadway St.
Black Mountain, NC 28711

utilize the infrastructure to be repaired, and have been negatively impacted by damage to the
infrastructure, as described in the Application.
(e) The Project will be completed on or before 10/31/2028. If the Local Government anticipates a delay
in the Project, the Local Government will provide timely notice, in writing, to Commerce of the
delay and the anticipated date of completion. Commerce, in its sole discretion, then will provide
written consent to an extension of the Project End Date.
3.2

Grant Funds
(a) Commerce grants to the Local Government an amount not to exceed $1,000,000 for
expenditures directly related to the Project. If Commerce determines that the actual costs of the
Project are less than the Grant amount, Commerce, in its sole discretion, may reduce the amount
of the Grant accordingly. If the Local Government determines that the actual costs of the Project
are less than the Grant amount, it shall report so to Commerce, in writing, and return any surplus
Grant funds to Commerce within thirty (30) days of making that determination.
(b) Grant funds will be distributed to the Local Government in accordance with the Payment
Schedule established in Exhibit B. For those funds not distributed in advance (in accordance
with Exhibit B), the Local Government will complete a Payment Request Form (provided by
Commerce), along with invoices and proof of payment, and submit said form and
documentation to Commerce. Upon receipt and review of the Payment Request Form and
attached documentation, Commerce will disburse payment to the Local Government.
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Small Business Infrastructure Grant Program

SA-0432

Commerce may, in its sole discretion, request additional documentation of expenses from the
Local Government prior to disbursement of Grant funds.
(c) If Grant funds are distributed in advance, the Local Government will provide proof that those
advanced funds were used exclusively for the purpose of the Project. Such proof will be
provided according to the terms of Exhibit B. Should the Local Government fail to provide
such proof within sixty (60) days of receipt of the advanced distribution, the Project will be
placed into default status, and no further payments will be made until the required
documentation is submitted to and approved by the Department.
(d) The Local Government shall use Grant funds exclusively for the purpose of the Project, as
described in the Application, and consistent with all applicable State, federal, and local laws,
rules, regulations, and requirements (including, without limitation, all language in the Act
regarding this funding). The Local Government shall not make or approve of any improper
expenditure of Grant funds.
(e) The Local Government may use Grant funds for administrative purposes, provided those
administrative expenses do not exceed [one and a half percent] (1.5%) of the total Grant
funds awarded to the Local Government.
(f) The Local Government shall not obligate Grant funds prior to the Effective Date or subsequent
to the Termination Date of this Agreement. All obligations outstanding as of the Termination
Date shall be liquidated within thirty (30) days, unless Commerce terminates the Agreement
pursuant to Paragraph 3.3 below, in which case any expenditures shall be made pursuant to the
requirements of that Paragraph.
(g) The obligations of the State (including but not limited to REDD and Commerce) to pay any
amounts under this Agreement are contingent upon the availability and continuation of funds
for such purpose. If funds for the Grant become unavailable, Commerce has the right to
terminate this Agreement by giving written notice to the Local Government. The effective date
of such termination will be in Commerce’s sole discretion and will be included in the written
notice of termination. Upon such termination, the State shall have no responsibility to make
additional Grant payments. Further, upon such termination, the Local Government shall not
expend any Grant funds without Commerce’s express written authorization and shall return all
unspent Grant funds to Commerce upon demand.
a) Termination
a) If the Local Government fails to fulfill in a timely and proper manner its obligations or
violates any of the covenants or stipulations under this Agreement, the Local Government
agrees that Commerce has the right to terminate this Agreement by giving the Local
Government written notice of termination. The effective date of such termination will be in
Commerce’s sole discretion and will be included in the written notice from Commerce to the
Local Government. Upon such termination, Commerce shall have no responsibility to make
additional Grant payments under this Agreement. Upon such termination, the Local
Government shall not expend any Grant funds without Commerce’s express written
authorization and shall return all unspent Grant funds to Commerce upon demand.
b) The terminations and remedies addressed in this Section 3.3 are in addition to those
terminations and other remedies set forth elsewhere in this Agreement.

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Small Business Infrastructure Grant Program

SA-0432

3.4 Project Records
(a)

(b)

3.5

The Local Government shall maintain full, accurate, and verifiable financial records,
supporting documents, and all other pertinent data for the Project in such a manner as to
clearly identify and document the expenditure of the State funds provided under this
Agreement separate from accounts for other awards, monetary contributions, or other
revenue sources for this Project.
The Local Government shall retain all financial records, supporting documents, and all
other pertinent records related to the Project for a period of five (5) years from the
Termination Date. In the event such records are audited, all Project records shall be retained
beyond the five-year period until the audit is concluded and any and all audit findings have been
resolved. Similarly, if litigation or other action arising out of or related in any way to this Project
is commenced before the end of such retention of records period, the records shall be retained for
one (1) year after all issues arising out of the action are finally resolved or until the end of the
record retentions period, whichever is later.

Monitoring, Reports, and Auditing
(a)

The Local Government shall ensure compliance and provide its assistance with such
monitoring and auditing requirements as the State may request, including following the
Termination Date of this Agreement. Additionally, the Local Government shall regularly
monitor all performance of Grant-supported activities, including activities performed by
any third party.

(b)

The Local Government will comply with the Reporting Schedule established in Exhibit
C. The Local Government shall submit progress reports on or before January 15th and
July 15th of each year of the Grant Term. The first of these reports shall be due on or
before January 15, 2026. The Local Government also shall submit a final report upon the
earlier of: (i) the date of completion of the Project or (ii) no later than thirty (30) days
following the Termination Date. These reporting requirements shall be completed as
directed by REDD staff and shall remain in effect for the entire Grant Term, including
any extension to the Grant Term.

(c)

The Local Government acknowledges and agrees that, with regard to the Grant funds, it
will be subject to the audit and reporting requirements prescribed by N.C.G.S. § 159-34,
Local Government Finance Act - Annual Independent Audit; rules and regulations. Such
audit and reporting requirements may vary depending upon the amount and source of
Grant funding received by the Local Government and are subject to change from time to
time. Upon completion, the Local Government shall forward to Commerce one copy of
any audited financial statements and accompanying reports generated during the period
between the Effective Date and Termination Date of this Agreement.

(d)

The Local Government shall grant the State and any of its related agencies, commissions,
or departments (including, without limitation, Commerce, the North Carolina State
Auditor, the North Carolina Office of State Budget Management, and the Joint
Legislative Commission on Governmental Operations) and an of their authorized
representatives, at all reasonable times and as often as necessary (including after the
Termination Date), access to and the right to inspect, copy, monitor, and examine all of
the books, papers, records, and other documents in the possession of the Local
Government or any third-party or business relating to the Agreement or the Project. In
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addition, the Local Government shall comply at any time, including after the Termination
Date, with any requests by the State (including, without limitation, REDD or Commerce)
for financial and organizational materials to permit the State to comply with its fiscal
monitoring responsibilities or to evaluate the short- and long-range impact of its
programs.
SECTION 4. WAIVER
4.1

No Waiver by the State

(a) Failure of the State at any time to require performance of any term or provision of this Agreement
shall not affect the rights of the State to enforce the same or to enforce any future compliance
with or performance of any of the terms or provisions herein at a later date. No waiver by the
State of any condition or the breach of any term, provision, or representation contained in this
Agreement, whether by conduct or otherwise, in any one or more instances, shall not operate as a
continuing waiver of any such condition or of a future breach of any other term, provision, or
representation.
4.2

Waiver of Objections to Timeliness of Legal Actions
(a) The Local Government waives any objections it has or may have to timeliness of any legal action
(including any administrative petition or civil action) by the State (including REDD or
Commerce) to enforce its rights under this Agreement. This waiver includes any objections the
Local Government may possess based on the statutes of limitations or repose and the doctrines of
estoppel or laches.

SECTION 5. MISCELLANEOUS PROVISIONS
5.1

Independent Status of Local Government

(a) The Local Government and any third party are entities independent from the State and any
agency or employee thereof. The Agreement, the Project, and any actions taken pursuant to them
shall not be deemed to create a partnership or joint venture between or among the State, the Local
Government, and/or any third party, nor shall the Agreement or the Project be construed to make
the Local Government (including its employees, agents, members, or officials) or any third party
employees, agents, members, or officials of the State. Neither the Local Government nor any
third party shall have the ability to bind the State or any agency, division, or employee thereof to
any agreement for payment of goods or services or represent to any person that they have such
ability.
5.2

Liabilities and Loss
(a) The Local Government hereby agrees to release, indemnify, and hold harmless the State
(including, without limitation, Commerce), and their respective members, officers, directors,
employees, agents, and attorneys (together, the "Indemnified Parties"), from any claims of third
parties arising out of any act or omission of the Local Government or any third party in
connection with the performance of this Agreement or the Project, and for all losses arising from
their implementation. Without limiting the foregoing, the Local Government hereby releases the
Indemnified Parties from, and agrees that such Indemnified Parties are not liable for, and agrees
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to indemnify and hold harmless the Indemnified Parties against, any and all liability or loss, cost,
or expense, including, without limitation, reasonable attorneys’ fees, fines, penalties, and civil
judgments, resulting from or arising out of or in connection with or pertaining to, any loss or
damage to property or any injury to or death of any person occurring in connection with the
Project, or resulting from any defect in the fixtures, machinery, equipment, or other property used
in connection with the Project or arising out of, pertaining to, or having any connection with, the
Project or the financing thereof (whether arising out of acts, omissions, or negligence of the Local
Government or of any third party or of any of their agents, contractors, servants, employees, licensees,
lessees, or assignees), including any claims and losses accruing to or resulting from any and all
subcontractors, material men, laborers, and any other person, firm, or corporation furnishing or supplying
work, services, materials, or supplies in connection with the Project.
5.3

Additional Repayment Requirements and Remedies
(a) The repayment requirements and remedies addressed in this Section 5.3 are in addition to those
repayment requirements and other remedies set forth elsewhere in this Agreement, including the
requirements to repay unspent Grant funds. No remedy conferred or reserved by or to the State is
intended to be exclusive of any other available remedy or remedies, but each and every such
remedy shall be cumulative and shall be in addition to every other remedy provided for in this
Agreement, or now or hereinafter existing at law, in equity, or by statute, and any such right or
power may be exercised from time to time and as often as may be deemed expedient.
(b) If there is a breach of any of the requirements, covenants, or agreements in this Agreement, or if
there are any representations or warranties which are untrue as to a material fact in this
Agreement or in relation to the Project (including the performance thereof), the Local
Government agrees that Commerce may require repayment from the Local Government of an
amount of Grant funds to be determined in Commerce’s sole discretion but not to exceed the
amount of Grant funds the Local Government has already received under this Agreement.

5.4

Non-discrimination.

(a) The Local Government agrees not to discriminate by reason of age, race, religion, color, sex,
national origin, or disability related to the activities of this Agreement.
5.5

Conflict of Interest.
(a) The Local Government shall adopt and keep on file, along with the executed copies of this
Agreement, a copy of its policy and any ordinance or resolution it has adopted addressing
conflicts of interest that may arise involving the members of the Local Government’s governing
body and/or any of its employees or officers involved in the Grant or the Project. Such policy,
ordinance, or resolution shall address situations in which any of these individuals may directly or
indirectly benefit, other than through receipt of their normal compensation in their capacities as
the Local Government’s employees, officers, or members of its governing body, from the Grant
or the Project, and shall include actions to be taken by the Local Government or the individual, or
both, to avoid conflicts of interest and the appearance of impropriety. Additionally, the Local
Government certifies that, as of the date it executes this Agreement, no such individuals have
such a conflict of interest or will directly or indirectly benefit, except in the capacities described
above, from the Grant or Project. Throughout the Grant Term and for the duration of the Project,
the Local Government has the duty to inform Commerce promptly of any such conflict of interest
or direct or indirect benefit of which it becomes aware.
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Compliance with Laws.
(a) The Local Government shall at all times observe and comply with all laws, regulations, codes,
rules, ordinances, and other requirements (together, “Laws”) of the state, federal, and local
governments which may in any manner affect the performance of the Agreement or the Project. This
includes compliance with any and all State and federal environmental laws and regulations.

5.7

Non-Assignability.
(a) The Local Government shall not assign or transfer any interest in the Agreement without the prior
written consent of Commerce, provided, however, that claims for money due to the Local
Government from Commerce under this Agreement may be assigned to any commercial bank or
other financial institution without such approval.

5.8

Other Agreements.
(a) The Local Government understands and consents that, if it is a party to a separate grant
agreement or loan with the State, then full compliance with that separate grant agreement or loan
and with this Agreement is required. Any default under the separate grant agreement or loan
during the term of this Agreement, as it may be extended, may be the basis for Commerce to deny
payment under this Agreement or request repayment of any funds previous paid in the discretion
of Commerce.

5.9

Notice.
(a) All notices required or permitted to be delivered hereunder and all communications in respect
hereof shall be in writing and shall be deemed given when personally delivered or when
deposited in the United States mails, certified, return receipt requested, first class, postage prepaid
and addressed as follows, or when submitted via electronic mail as follows:
If to the Department of Commerce :

Attn:

Hazel Edmond, Director
North Carolina Department of Commerce Rural
Economic Development Division 301 North
Wilmington Street
4346 Mail Service Center
Raleigh, North Carolina 27699-4346
Email: [email protected]

If to the Local Government:

Attn:

Mike Solbol, Mayor
Town of Black Mountain
160 Midland Ave.
Black Mountain, NC 28711
Email: [email protected]

or addressed to such other address or to the attention of such other individual as Commerce or the
Local Government shall have specified in a notice delivered pursuant to this subsection.
All notices required or permitted to be delivered hereunder and all communications in respect
hereof also shall be deemed given when submitted to the Rural Connect Portal.
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Entire Agreement.

(a) This Agreement supersedes all prior agreements between or among Commerce and the Local
Government with regard to the Project and expresses their entire understanding with respect to
the transactions contemplated herein, and shall not be amended, modified, or altered, except
pursuant to a writing signed by both Commerce and the Local Government.
5.11

Execution.

(a) This Agreement may be executed in one or more counterparts, each of which, when executed,
shall be deemed an original, and such counterparts, together, shall constitute one and the same
Agreement which shall be sufficiently evidenced by one of such original counterparts.
5.12

Construction, Jurisdiction, and Venue.

(a) This Agreement shall be construed and governed by the laws of the State of North Carolina.
(b) The Local Government agrees and submits, solely for matters concerning this Agreement, to the
exclusive jurisdiction of the courts of North Carolina and agrees, solely for such purposes, that
the only venue for any legal proceedings shall be Wake County, North Carolina. The place of
this Agreement, and all transactions and agreements relating to it, and their situs and forum, shall
be Wake County, North Carolina, where all matters, whether sounding in contract, tort, or
otherwise, relating to its validity, construction, interpretation, and enforcement, shall be
determined.
5.13

Severability

(a) Each provision of this Agreement is intended to be severable and, if any provision of this
Agreement is held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect or impair any other provision of this Agreement, but
this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had not
been contained herein.
5.14

Exhibits

(a) The following Exhibits are hereby incorporated by reference as though set forth in their entirety
herein:
i. Exhibit A –Small Business Infrastructure Development Grant Project Application
ii. Exhibit B – Payment Schedule
iii. Exhibit C – Reporting Schedule
iv. Exhibit D – The Small Business Infrastructure Development Grant Guidelines

SECTION 6. ACCEPTANCE
6.1

Return of Documents
(a) If the Local Government agrees to the Agreement terms and conditions as stated, the Local
Government will execute the Agreement, as directed by REDD staff. This Grant may be
withdrawn if Commerce has not received such documents within thirty (30) days from the date of
the cover letter from Commerce to the Local Government.
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Conditions of the Agreement
(a) An authorized signatory of the Local Government shall execute the Agreement in its exact form,
unless Commerce approves a change to its terms in writing.

IN WITNESSETH WHEREOF, the parties hereto have executed this Agreement as of the date first above
written.
Town of Black Mountain

Signature:

[SEAL]

Printed Name:
Title:
Date:

North Carolina Department of Commerce

Signature:

[SEAL]

Printed Name:

Reginald Speight

Title:

Assistant Secretary for Rural Economic Development

Date:

9/4/2026

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EXHIBIT A
SmBIZ Project Application

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EXHIBIT B
PAYMENT SCHEDULE
To receive up to twenty percent (20%) of the total grant award in advance, the Local Government must submit the
following information, which the Department will use to determine whether to grant the request for advanced payment:
1.
2.
3.
4.

A written request for the advanced distribution;
A completed SMBIZ advance payment request form signed by an authorized signatory for the local
government and;
Invoice(s) for eligible expenses to be paid using the funds issued in advance; and
Satisfaction of all reporting requirements at the time of request.

Following the approval and issuance of the advanced payment by the Department, the local government will be
required to submit proof of payment for those invoice(s) approved for advanced payment. This proof of payment will be
due to the Department within sixty (60) days of receipt of the advanced payment. If proof of payment is not provided
within sixty (60) days, the Project will be placed into default status, and no further payments will be made until the
required documentation is submitted and approved by the Department. The Local Government may be required to host the
department for a monitoring visit if the Department deems such a visit is necessary.
To receive distribution of those funds not issued in advance, the Local Government will submit the following to the
Department:
1. Completed financial activity submitted via Rural Connect Portal;
2. Eligible project invoices that support the requested amount;
3. Proof of payment for each eligible project invoice that supports the requested amount; and
4. Satisfaction of all reporting requirements at the time of request.
Eligible expenditures may not be incurred prior to the effective date or subsequent to the termination date of the grant. The
Department will issue payment within 60 days of receipt of the required documentation from the Local Government. All
payments are subject to the availability of funds.
EXHIBIT C
REPORTING SCHEDULE
Progress reports are due on January 15th and July 15th for each year that the grant remains open. The final report is due at
the time of project completion or no later than thirty (30) days after the grant end-date, whichever is sooner. The reporting
schedule remains in effect for the duration of the grant including time extensions.
Failure to submit progress reports as required:
1. Will result in non-payment of payment requests,
2. Can result in the immediate termination of the grant,
3. Can result in the demand for immediate repayment of any funds paid by Commerce, and
4. Will negatively impact the grantee’s eligibility for future Commerce grants.

All forms, including reporting and request for payment, can be found via Rural Connect Portal.

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Small Business Infrastructure Grant Program
I. FUND OVERVIEW
North Carolina Session Law 2025-02 transferred funds from the State Emergency Response and
Disaster Relief Fund (“SERDRF”) to the Hurricane Helene Disaster Recovery Fund and allocated
$55 million from the Disaster Recovery Act of 2025 – Part I to the North Carolina Department of
Commerce (the Department), Rural Economic Development Division (the REDD) for the Small
Business Infrastructure Grant program (SmBIZ) to help local governments and small
businesses impacted by Hurricane Helene rebuild and repair critical infrastructure, restore and
resume functions and operations, and support economic recovery and sustainability. The SmBIZ
program will offer grants to local governments for infrastructure projects that will target and
support small businesses that employ 150 or fewer employees and that were adversely impacted
by Hurricane Helene. Funding will be awarded on a first-come, first-served basis.
Grants awarded under this program must be used by local governments to address qualifying
infrastructure needs that the Department, in consultation with applicant local governments and
small businesses, determines were damaged by Hurricane Helene and adversely affect access to,
or operations of, the identified small businesses.
REDD will administer SmBIZ in accordance with State law.
II. PURPOSE OF THE FUND
•

•
•

Provide financial assistance for community recovery and resilience to communities
specifically impacted by Hurricane Helene, helping to bring back vital services for small
businesses and entrepreneurs.
Restore and repair critical infrastructure, allowing small businesses to resume function
and operations to support economic recovery and sustainability.
Assist in restoring or expanding small businesses’ ability to attract customers to business
districts to help retain business, expand access, spur private investment to create stability, and
leverage resources to create resiliency and economic growth.

III. ELIGIBLE APPLICANTS
Eligible applicants are those local governments impacted by Hurricane Helene and designated
before, on, or after March 19, 2025, under a major disaster declaration by the President of the
United States under the Stafford Act (P.L. 93-288) as a result of Hurricane Helene (the “Affected
Area”). Special consideration will be given to local governments in Tier 1 and Tier 2 Counties.
For the purposes of this program, a local government is defined as a city or county within the
state of North Carolina.
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IV. ELIGIBLE PROJECTS AND EXPENSES
Qualifying infrastructure must serve one or more businesses within the Affected Area, must have
been damaged by Hurricane Helene, and must not be owned or maintained by the small business
or businesses. Infrastructure may include but will not be limited to the following activities:
•
•
•
•
•
•
•

water;
sewer;
gas;
telecommunications;
high-speed broadband;
electric utility; and
sidewalk and curb infrastructure.

Eligible expenses may also include planning, material, labor, and administration to complete
public infrastructure improvements.
Ineligible expenses include:
•
•
•

improvements to privately owned infrastructure;
projects that address building construction; and
land acquisition costs or fees except for those associated with public easements for the
project.

V. FUNDING AMOUNTS
The maximum grant amount is $1M per project, with some restrictions on specific activities.
There is no minimum grant amount. The total grant amount per county in the Affected Area will
not exceed ten percent (10%) of the total funds appropriated for the SmBIZ program.
Applicants should consider feasibility as it relates to the overall cost of any project. Grant
administration costs are limited to one and a half percent (1.5%) of the awarded grant total.
Applicants that receive funding approval for project(s) may charge the cost of application
preparation. No more than $3,500 may be charged to the SmBIZ program for the preparation of
the application if a grant is awarded. This cost would be included in the maximum of one and a
half percent (1.5%) allowed for administration. No other costs incurred prior to grant awards are
eligible for reimbursement.
Applicants may request that up to twenty percent (20%) of the total grant award be allocated in
advance without providing proof of payment. Applicants may also request that the full one and a
half percent (1.5%) of allowable costs for administration be allocated in advance. All remaining
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funds not issued in advance will be allocated to the local government on a reimbursement basis as
the local government incurs expenses and submits eligible invoices and proof of payment.
Applicants may request that up to twenty percent (20%) of the total grant award be issued in
advance without providing proof of payment by providing specific information and documentation
to the Department. Applicants may also request that the full one and a half percent (1.5%) of
allowable costs for administration be issued in advance. All remaining funds not issued in advance
will be distributed to the local government on a reimbursement basis as the local government incurs
expenses and submits eligible invoices and proof of payment.
To receive up to twenty percent (20%) of the total grant award in advance, the Local Government
must submit the following information, which the Department will use to determine whether to
grant the request for advanced payment:
1. A written request for the advanced distribution;
2. A completed SMBIZ advance payment request form signed by an authorized
signatory for the local government and;
3. Invoice(s) for eligible expenses to be paid using the funds issued in advance; and
4. Satisfaction of all reporting requirements at the time of request.
Following the approval and issuance of the advanced payment by the Department, the local
government will be required to submit proof of payment for those invoice(s) approved for
advanced payment. This proof of payment will be due to the Department within sixty (60) days of
receipt of the advanced payment. If proof of payment is not provided within sixty (60) days, the
Project will be placed into default status, and no further payments will be made until the required
documentation is submitted and approved by the Department. The Local Government may be
required to host the department for a monitoring visit if deemed necessary.
To receive distribution of those funds not issued in advance, the Local Government will submit
the following to the Department:
1. Completed financial activity submitted via Rural Connect Portal;
2. Eligible project invoices that support the requested amount;
3. Proof of payment for each eligible project invoice that supports the requested amount; and
4. Satisfaction of all reporting requirements at the time of request.
Eligible expenditures may not be incurred prior to the effective date or subsequent to the
termination date of the grant. The Department will issue payment within 60 days of receipt of the
required documentation from the Local Government. All payments are subject to the availability
of funds.

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VI. APPLICATION PROCESS
Local governments seeking funds from the SmBIZ program are required to submit a formal
application to the North Carolina Department of Commerce through the online grants
management portal, Rural Connect Portal.
Funding is awarded on a first come, first served basis. A full and complete application, including
all necessary supporting documentation, can be submitted beginning May 1, 2025.
Upon receipt of a full application and consideration of the application relative to the criteria set
forth in NC Session Law 2025-02 and these Guidelines, the REDD shall determine whether the
proposed project should receive an award of a grant under the SmBIZ program.
Applications will be reviewed in the order they are received, according to the submission time
and date, as recorded in the portal.
Awards will be granted on or before the dates listed in the schedule below and are subject to
available funding.
Incomplete or ineligible applications may be disqualified.
Applicants will be notified in writing regarding the status of their project via an award or
declination letter. If a grant is awarded, the REDD then will provide grantees with grant
administration contracts in order to execute the terms of the grant. Projects must be completed
within thirty-six (36) months of the award, unless an extension is granted by REDD in writing.
Award Schedule:
June 30, 2025
October 31, 2025
February 28, 2026
June 30, 2026

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VII. APPLICATION REQUIRMENTS
In the Rural Connect Portal, grantees should use the following as guidance to complete the
SmBIZ program application.
DESCRIBE THE INFRASTRUCTURE IMPACTS ON YOUR COMMUNITY:
Provide a detailed description of the qualifying infrastructure needs. Descriptions must include:
• summary of the detrimental impact on the named small business or businesses and how
the business or businesses will benefit from the grant;
• description of infrastructure affected (water, sewer, sidewalks, etc.), including ownership
information;
• details of damage to infrastructure and immediate risks due to damage; and
• explanation of any proposed repairs to improve durability and sustainability of
infrastructure;
DESCRIBE THE SCOPE OF THE PROPOSED PROJECT:
Provide a detailed work plan that includes a description of all major project activities. Include in
detail how the anticipated repairs, in the applicable cost categories, will promote restored
infrastructure in the project area:
•
•
•
•
•
•
•

water;
sewer;
gas;
telecommunications;
high-speed broadband;
electric utility; and
sidewalk and curb infrastructure.

DESCRIBE THE PROJECT TIMELINE: (Submit as an Attachment)
Please provide a detailed timeline that includes a description of all major project activities and
the projected completion date in the applicable cost categories:
•
•
•
•
•
•
•

water;
sewer;
gas;
telecommunications;
high-speed broadband;
electric utility; and
sidewalk and curb infrastructure.
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DESCRIBE THE ANTICIPATED OUTCOMES:
Identify the anticipated outcomes that will result in repaired infrastructure as a direct result of the
project.
•

Outcomes could include but are not limited to the number of feet or miles of water or
sewer lines being replaced or repaired served, number of feet or miles of sidewalk or curb
improvements, number of small businesses improved or assisted in the following
applicable cost categories:
o
o
o
o
o
o
o

water;
sewer;
gas;
telecommunications;
high-speed broadband;
electric utility; and
sidewalk and curb infrastructure.

DESCRIBE THE PROJECT SUSTAINABILITY:
Describe how this project will provide long-term and sustainable solutions for recovery of the
business or businesses involved in the project.
VII. PROCUREMENT
Grantees must follow all local, state, and federal laws and ordinances as they pertain to
procurement. More information on the State of NC procurement can be found here.
VIII. MONITORING PROCESS
REDD will monitor the project through various mechanisms, including review of semi-annual
reports received from the grant recipient; phone, email, and/or letter correspondence; receipt of
all published press articles about the project as provided to REDD by the local government; and
on-site monitoring visits by REDD staff, as necessary.

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IX. REPORTING REQUIREMENTS
Progress reports will be due on January 15th and July 15th for each year the grant remains open.
The final report will be due at the time of project completion or no later than thirty (30) days
after the grant end-date, whichever is sooner. The reporting schedule remains in effect for the
duration of the grant, including time extensions.
Failure to submit progress reports as required:
5. will result in non-payment of payment requests;
6. may result in the immediate termination of the grant;
7. may result in the demand for immediate repayment of any funds paid by REDD;
and
8. will negatively impact the grantee’s eligibility for future Commerce grants.
All forms, including reporting and request for payment, can be found via the Rural Connect
Portal.
X. LOCAL GOVERNMENT ROLES AND RESPONSIBILITIES
The local government will be responsible for managing the day-to-day operations of the
activities funded by the SmBIZ program to ensure the funds are used in accordance with all
program requirements and written agreements and will take action when performance problems
arise. Specifically, the local government will be responsible for the following:
•

•

•

•

•

Management and Oversight: The local government is legally, financially, contractually,
and programmatically responsible for the project. The local government is responsible to
the State of North Carolina, even if the local government employs a contract
administrator or contracts with a sub-recipient for the project.
Financial Management: The local government must ensure proper accounting of funds
to avoid disallowed costs. This includes accurately identifying project costs and cash
balances and maintaining proper internal controls.
Statement of Assurances and Certifications: The local government’s elected officials
and administrators should read and understand these documents and the implementation
obligations.
Grant Agreement: If awarded, the local government will receive a grant agreement and
funding approval from the State. These documents are contractually binding and cannot
be
changed without the State’s written approval.

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XI. PROJECT AMENDMENTS
Prior to making any change to the approved application, grantees should contact the program
manager to discuss any proposed changes.
XII. USE OF NC LICENSED PROFESSIONALS
REDD strongly recommends the use of North Carolina licensed professionals on construction
projects. This includes housing inspectors, electricians, HVAC installers and repairers, plumbers,
and general contractors. However, it is important to note that bids and dwellings that are $30,000
and greater can ONLY BE ACCEPTED BY A LICENSED GENERAL CONTRACTOR,
licensed by the State of North Carolina per Article 1 of Chapter 87 of the General Statute.
XIII. OTHER REQUIREMENTS AND ATTACHMENTS
Recipients will be required to comply with any subsequent requirements issued by REDD.
Consult the Required Attachments section in the application. Please note that if key items are not
submitted with the application, your project could be disqualified.
XIV. APPLICATION CHECKLIST
Applicants should review the Grant Application Checklist to verify the information and
documentation needed to apply for funds.
1. Local Government Information
• Local Government name
• Local Government contact name, title, telephone, address, email
• Unique Entity ID
2. Project Contact Information (if applicable)
• Project Contact name
• Project Contact title, telephone, address, email
3. Project Information
• Project Title
• Project Description – Provide a short description of your project.
4. Property Information (if applicable)
• Census Tract Number
• Property Address
• Legal Name of Property Owner
• National Register of Historic Places Listing
5. Narrative Questions:
1. Provide a detailed description of the qualifying infrastructure needs. Description must
include:
• summary of the detrimental impact on the named small business or businesses and
how the business or businesses will benefit from the grant;
• list of each business affected, including business address or addresses;
8

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Rural Economic Development Grant Agreement
Small Business Infrastructure Grant Program
PROGRAM GUIDELINES
•
•
•

EXHIBIT D
SA-0432

description of infrastructure affected (water, sewer, sidewalks, etc.), including
ownership information;
details of damage to infrastructure and immediate risks due to damage; and
explanation of any proposed repairs to improve durability and sustainability of
infrastructure.

2. Provide a detailed work plan that includes a description of all major project activities.
Include in detail how the anticipated repairs, in the applicable cost categories, will
promote restored infrastructure in the project area:
• water;
• sewer;
• gas;
• telecommunications;
• high-speed broadband;
• electric utility; and
• sidewalk and curb infrastructure.
3. Identify the anticipated outcomes that will result in repaired infrastructure as a direct
result of the project.
• Outcomes could include but are not limited to the number of feet or miles of
water or sewer lines being replaced or repaired served, number of feet or miles of
sidewalk or curb improvements, number of small businesses improved or assisted
in the applicable cost categories:
o water;
o sewer;
o gas;
o telecommunications;
o high-speed broadband;
o electric utility; and
o sidewalk and curb infrastructure.

9

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Rural Economic Development Grant Agreement
Small Business Infrastructure Grant Program
PROGRAM GUIDELINES

EXHIBIT D
SA-0432

4. Describe how this project will provide long-term and sustainable solutions for recovery

of the business or businesses involved in the project.
5. Budget
Project Expense
Water
Sewer
Gas
Telecommunications
High-speed broadband
Electric Utility
Sidewalk and curb infrastructure
Administration
TOTAL

Activity

Federal

State

Local

Total

6. Upload Documents
• Map of project area
• Project Timeline
1. Provide a detailed timeline that includes a description of all major project
activities and the projected completion date in the applicable cost categories.
• Certified Cost Estimates
• Include a professional project budget including all revenue and expenditures
allocated for each of the applicable cost categories.
• Local Government Resolution
• Preliminary Engineering Report (PER)
• Photos of the damage and infrastructure to be repaired
• NCUI101 Forms
• Include a form from the most recent quarter for each small business included
in the project.
• Executed Local Government Certifications Document
• Form available: www.commerce.nc.gov/SmBIZ
• State Historic Preservation Office documentation/ National Registry of Historic
Places documentation or provide a statement of explanation if these do not apply
to your project.

10

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TOWN OF BLACK MOUNTAIN

AGENDA ITEM SUMMARY
SUBMITTER:

Matt Begley, Recovery & Capital MEETING DATE:
Programs Director

AGENDA SECTION: New Business
TITLE OF ITEM:

DEPARTMENT:

September 10, 2026
Administration

Resolution to Award the Sutton Ave. Stormwater Project to John R.
McAdams Company, Inc. and Approval of a Capital Project Ordinance for
the Sutton Ave. Stormwater Project.

SUGGESTED MOTION(S):
Motion to approve the Resolution to Award the Sutton Ave. Stormwater Project to John R.
McAdams Company, Inc. and Approval of the Capital Project Ordinance for the Sutton Ave.
Stormwater Project as presented.
SUMMARY:
Town Council will consider a resolution to award the design and engineering of the Sutton Ave.
Stormwater Project (Phase I) to the John R. McAdams Company, Inc. and a Capital Project
Ordinance for the project. Attached are the resolution to award the project, the scoring
summary of the Statements of Qualification, and the Capital Project Ordinance for the project.

BUDGET IMPACT:
Is this expenditure approved in the current fiscal year budget? n/a
If no, describe how it will be funded. n/a

ATTACHMENTS:
1. R-26-XX Resolution to Award Sutton Ave Stormwater Project (Phase I) Design &
Engineering to the John R McAdams Company
2. RFQ Evaluations - Phase 1 Downtown Stormwater (1)
3. O-26-XX Sutton Ave. Stormwater Project (Phase I) Capital Project Fund Ordinance

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Council Member _______ made a motion to approve the following resolution. A vote of ____.
A RESOLUTION TO AWARD THE SUTTON AVE. STORMWATER PROJECT
(PHASE I) DESIGN AND ENGINEERING TO THE JOHN R. MCADAMS COMPANY,
INC.
Resolution No. R-26-XX
WHEREAS, the Town has been awarded a $1,000,000 grant for the Sutton Ave. Stormwater
Project (Phase I) from the North Carolina Department of Commerce Small Business
Infrastructure (SmBIZ) grant program; and
WHEREAS, the Town Council of the Town of Black Mountain has authorized the grant
agreement to fund the project; and
WHEREAS, the Town requested statements of qualification from firms who wished to be
considered for the design and engineering of the project; and
WHEREAS, the John R. McAdams Company (hereinafter referred to as “McAdams”) was
considered the most qualified firm according to the scoring method used to evaluate the
statements of qualification; and
WHEREAS, the Town has previously entered into a Master Services Agreement with McAdams
for on-call engineering services and will, if awarded to McAdams, authorize work on this project
on a task order basis;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF BLACK MOUNTAIN THAT:
1. The Interim Town Manager, and/or a designee(s) thereof, is authorized to enter into
negotiations with McAdams for engineering and design services for the Sutton Ave.
Stormwater project (Phase I) and the subsequent task order(s) and budget amendment(s)
will be presented to Town Council at a later date.
ADOPTED this 10th day of September 2026.
___________________________
C. Michael Sobol, Mayor

Attest:
___________________________
Wesley M. Barker, Town Clerk

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TOBM Phase 1 - Downtown Stormwater Inlet Rehabilitation

Project / Purchase:
Department:
RFQ Bid Due Date:
RFQ Bid Scoring Date:
Staff Contact:

Stormwater
April 2, 2026
March 31, 2026
Matt Begley & Chad Goins

Bidder
KCI
McAdams
Summit

Cumulative Scores
Criterion 1 Criterion 2 Criterion 3 Criterion 4
84
73
73
59
88
73
74
59
84
73
73
59

Scoring Metrics

1. Firm Qualifications and Relevant Experience
2. Project Team Qualifications
3. Project Understanding and Technical Approach
4. Past Performance and References

Total
289
294
289

Weights
30 of 100 points
25 of 100 points
25 of 100 points
20 of 100 points

Staff Recommendation: The John R. McAdams Company, Inc.

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Town of Black Mountain
Sutton Ave. Stormwater Project (Phase I)
Capital Project Fund Ordinance
Ordinance No: O-26-XX
BE IT ORDAINED by the Town Council of the Town of Black Mountain, North Carolina, that,
pursuant to the Local Government Budget and Fiscal Control, a local government may, in its
discretion, authorize and budget for a capital project or a grant project in a project ordinance
adopted pursuant to G.S. 159-13.2. A project ordinance authorizes all appropriations necessary
for the completion of the project and neither it nor any part of it need be readopted in any
subsequent fiscal year; and the following Capital Project Fund Ordinance is hereby created as
follows:
Section 1: Project Defined
The Town of Black Mountain defines a "Capital project" as a project financed in whole or in part
by the proceeds of bonds, notes or debt instruments or a project involving the construction or
acquisition of a capital asset with expenditures that span across multiple fiscal years.
Section 2: Project Authorization
The project authorized is for the purpose of completing the Downtown Stormwater Project as
outlined in the scope submitted to the North Carolina Department of Commerce.
Section 3: Funding
The project is funded in whole by the North Carolina Department of Commerce SmallBiz Grant
program.
Section 4: Directives
The officers of the Town of Black Mountain are hereby directed to proceed with the capital
project within the terms and budget contained herein, as approved by the Governing Board of the
Town of Black Mountain. The Town Manager is hereby directed to act on behalf of the Town
Council in all matters associated with the project within the terms of all contracts, agreements,
and legal requirements binding on the project and within limits of the appropriate funds.
Section 5. Revenues
The following anticipated Revenues are hereby adopted:
Budgeted Revenues
Revenue Type

Anticipated Revenues

Allocation Project Grant Funding (NC DOC SmallBiz)

$1,000,000.00
Total Revenue

$1,000,000.00

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Section 6. Expenditures
The following anticipated appropriations are hereby adopted:
Budgeted Expenditures
Expenditure Type

Anticipated Expenditures

Professional Services – Design and Engineering

$221,405.00

Capital Outlay – Land Improvements

$768,595.00

Administrative Expenses

$10,000.00
Total Expenditure

$1,000,000.00

Section 7. Records and Reporting
The Finance Director is hereby directed to maintain within the Capital Project Fund sufficient
specific detailed accounting records to satisfy the disclosure requirements of all the contractual
agreements, if applicable.
Section 8. Authority to Manage Accounts
The Town Manager and/or the Finance Director has the authority to transfer funds; both
expenditures and revenues, between the accounts contained within the capital project as may be
necessary, provided however that the total expenditures equal the total revenues and that
expenditures may not exceed the project total without an amended ordinance from council.
Section 9. Official Copies
Copies of this Capital Project Ordinance shall be furnished to the Town Clerk, the Town
Manager and the Finance Director for the direction in carrying out this project.
Section 10. Budget Inclusion
Authorized project expenditures represent appropriations necessary for the completion of
projects and therefore do not require re-appropriation in any subsequent fiscal year. However,
per G.S. 159-13.2 information on project ordinances will be included in the annual budget. Each
year the finance officer shall include within the budget information in such detail as he or the
governing board may require concerning each grant project or capital project. This information
will be detailed for any new project funds expected to be authorized by project ordinance during
the budget year and include information on projects authorized by previously adopted project
ordinances which have remaining appropriations available for expenditure during the budget
year.
Section 11. Project Expiration
This project ordinance expires when the project has been completed and all of the Project Funds
have been obligated and expended by the Town OR by the date set forth within the grant funding
contract, if applicable, whichever comes first.

Page 48 of 56

Duly adopted this 10th day of September 2026.
_______________________
C. Michael Sobol
Mayor
ATTEST:
_______________________
Wesley M. Barker
Town Clerk

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TOWN OF BLACK MOUNTAIN

AGENDA ITEM SUMMARY
SUBMITTER:

Richard Hicks, Interim Town
Manager

MEETING DATE:

September 10, 2026

AGENDA SECTION: Agenda Review and Approval

DEPARTMENT:

Administration

TITLE OF ITEM:

September 14, 2026 Regular Meeting Agenda Draft

SUGGESTED MOTION(S):
Motion to approve the September 14, 2026 agenda as presented or as amended.
SUMMARY:
The draft agenda for the September 14, 2026 regular Council meeting is attached for review.

BUDGET IMPACT:
Is this expenditure approved in the current fiscal year budget? n/a
If no, describe how it will be funded. n/a

ATTACHMENTS:
1. September 14, 2026 Meeting Agenda Draft v2

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TOWN OF BLACK MOUNTAIN
TOWN COUNCIL

September 14, 2026

REGULAR SESSION AGENDA

Time: 6:00 PM

Town Hall Council Chambers | 160 Midland Avenue, Black Mountain, NC 28711
Agendas and agenda packets may be accessed electronically from your laptop or
smartphone. Visit the Town’s website at www.townofblackmountain.org. Click
on Government and select Town Council to access agenda materials for Town
Council meetings. You can also scan this QR code with your smartphone to
access agenda materials.
Conserve Resources; print only when necessary.
The Town of Black Mountain is committed to providing accessible facilities, programs, and
services for all people in compliance with the American with Disabilities Act (ADA). Hearing
assistive devices are available at the door. Should you need other assistance or
accommodation for this meeting, please contact Town Clerk Wesley Barker at:
[email protected], or (828) 419-9300 / TDD (800) 735-2962
1.

CALL TO ORDER
1.A.

Welcome

1.B.

Pledge of Allegiance

1.C.

Moment of Silence

1.D.

Announcements

1.E.

Ethics Statement
In accordance with the Code of Ethics adopted by the Council, all Council
Members have a duty to conduct the affairs of the governing board in an open
and public manner free of conflicts of interest. Is there any item on the agenda
the outcome of which will have a direct, substantial, and readily identifiable
financial impact for any Council Member, his or her family or close business
associates? Does any Council Member have a financial interest in any public
contract coming before this Council today? There being none, all Council

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Members have a duty and obligation to vote.
2.

PROCLAMATIONS, AWARDS, RECOGNITIONS, SPECIAL RESOLUTIONS
2.A.

3.

4.

Presentation of Medal of Valor to Four Citizens

COMMUNICATIONS FROM STAFF, COUNCILS, COMMISSIONS & AGENCIES
3.A.

Presentation from BearWise Advisory Group

3.B.

Presentation on Parking from BMPD

3.C.

Presentation on Swannanoa River Floodbench Project

CITIZEN COMMENTS
Individuals wishing to address the Council are asked to sign in at the entrance to the board
room, indicating the topic(s) or agenda item(s) you wish to discuss, so that the chair may
group speakers according to topic. The chair will recognize individuals requesting to
address the Council. Comments by any one speaker shall be limited to three (3) minutes.
If the topic you wish to discuss pertains to a public hearing scheduled for this meeting,
please reserve your comment for the applicable public hearing. Note: Council will not
respond during the citizen comment period.

5.

COMMUNICATION FROM MAYOR AND TOWN COUNCIL

6.

COMMUNICATION FROM TOWN ATTORNEY & TOWN MANAGER

7.

CONSENT AGENDA
All items on the consent agenda are considered routine, to be enacted by one motion
without discussion. If a member of the governing body requests discussion of an item, the
item will be removed from the consent agenda and considered separately.
7.A.

Adoption of Meeting Minutes- August 6 & 10, 2026 - Wesley Barker, Town Clerk
Motion: Motion to approve the meeting minutes as presented, or
amended.

7.B.

Resolution to Amend the FY26-27 Budget for BMPD Insurance Recovery
Proceeds - Laurel Mabery, Accountant, Steve Parker, Police Chief
Motion: Motion to approve the budget amendment resolution as
presented.

7.C.

Monthly Tax Collector Report- July 2026 - Laurel Mabery, Accountant
Motion: Approve the tax collector report for July 2026 as presented.

7.D.

Call for a Public Hearing for Text Amendments to Chapter 6, Animals, Section 66, Public Nuisance, and Section 6-19, Civil Penalty to add language regarding
bears, to be held on Monday, October 12, 2026, at 6:00 p.m. in the
Council Room of Town Hall, 160 Midland Avenue, Black Mountain, NC, or as

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soon thereafter as possible. - Michelle Kennedy, Planning Director
Motion: I move to call for the public hearing for amendments to Chapter 6,
Animals, Section 6-6, Public Nuisance and Section 6-19, Civil Penalties to
add language regarding bears to be held on Monday, October 12, 2026, at
6:00 p.m. in the Council Room of Town Hall, 160 Midland Avenue, Black
Mountain, NC or as soon thereafter as possible.
7.E.

Authorization of the Purchase of Recycling Vehicles through NC DEQ Recycling
Grant Program and Adoption of the Capital Project Ordinance. - Matt Begley,
Recovery & Capital Programs Director
Motion: Motion to approve the resolution authorizing the purchase of
recycling vehicles through NCDEQ Helene Recovery Recycling Infrastructure
Grant Program and adoption of the Capital Project Ordinance as presented.

7.F.

Consideration of Resolution Authorizing the Purchasing of Replacement
Vehicles through the USDA Community Facilities Disaster Assistance Fund
Grant and Adoption of Capital Project Ordinance. - Matt Begley, Recovery &
Capital Programs Director
Motion: Motion to approve the resolution authorizing the purchase of
replacement vehicles through the USDA Community Facilities Disaster
Assistance Fund Grant and adoption of the Capital Project Ordinance for
this grant as presented.

7.G.

Consideration of Resolution to Authorize the Agreement with Anchor QEA of
NC, PLLC to Provide Design and Engineering Services for the Flat Creek
Greenway Restoration Project - Matt Begley, Recovery & Capital Programs
Director
Motion: Motion to approve the resolution as presented.

7.H.

Consideration of Resolution Authorizing the Task Order with Jennings
Environmental for Design & Engineering Services for the NC DEQ Blueprint
Veterans Park Floodbenching Project and Adoption of a Capital Project
Ordinance for this Project. - Matt Begley, Recovery & Capital Programs Director
Motion: Motion to approve the resolution to authorize the task order with
Jennings Environmental as presented and to adopt the Capital Project
Ordinance as presented for the Veterans Park Floodbenching Project.

7.I.

Consideration of Resolution Authorizing the Task Order with Jennings
Environmental for Design & Engineering Services for the Veterans Park River
Restoration Project and Adoption of the Capital Project Ordinance. - Matt
Begley, Recovery & Capital Programs Director
Motion: Motion to approve the resolution authorizing the Task Order with
Jennings Environmental for design & engineering services for the Veterans
Park River Restoration Project and adoption of the Capital Project
Ordinance for the project as presented.

7.J.

Consideration of Resolution Authorizing the Task Order with Kimley-Horn &

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Associates to Perform Design & Engineering Services for the Veterans Park
Pedestrian Bridge Project. - Matt Begley, Recovery & Capital Programs Director
Motion: Motion to approve the resolution authorizing the task order with
Kimley-Horn & Associates to perform design & engineering services for the
Veterans Park Pedestrian Bridge Project as presented.

8.

7.K.

Consideration of Resolution Authorizing the Amendment to the Agreement for
Professional Engineering & Design Services from the John R. McAdams
Company for FEMA Town Roads Group 2 Project. - Matt Begley, Recovery &
Capital Programs Director
Motion: Motion to approve authorizing the amendment to the agreement
for Professional Engineering & Design Services from the John R. McAdams
Company for FEMA Town Roads Group 2 Project.

7.L.

Consideration of Application to Pursue Grant Funds for Part-Time Assistant
Community Garden Manager Position Funding for FY27-28 - Jacob Guiot,
Recreation & Parks Director
Motion: Motion to approve the resolution as presented.

PUBLIC HEARING
The chair will recognize individuals requesting to address the Council regarding the specific
topic of the public hearing. Public hearing comments by any one speaker shall be limited
to ten (10) minutes. The Mayor reserves the right to alter time limits and other rules of
procedure at the beginning of each public hearing.
8.A.

Public Hearing to Amend Chapter 48, Utilities, Article VI, Stormwater
Management Enterprise Fund, Division 2, Stormwater Service Charges Jennifer Tipton, Senior Admin, Michelle Kennedy, Planning Director
Motion: I move that we approve the amendments to Chapter 48, Utilities,
Article VI, Stormwater Management Enterprise Fund, Division 2,
Stormwater Service Charges as presented.

8.B.

Public Hearing to Amend Chapter 2, Building Regulations, Section 2.3, Flood
Damage Prevention Ordinance - Anne Phillip, Stormwater Technician, Michelle
Kennedy, Planning Director
Motion: I move that we approve the proposed amendments to Chapter 2,
Building Regulations, Section 2.3, Flood Damage Prevention Ordinance, as
presented and that the proposed amendments are consistent with the
comprehensive plan and are in the public interest because they promote
environmentally-sensitive and sustainable practices and promote the public
health, safety and welfare of the town.

8.C.

Public Hearing to Amend Chapter 8, Land Development and Environmental
Regulations, Section 8.2, The Phase II Stormwater Ordinance and Chapter 20,
Environment, Article X, Illicit Discharge - Anne Phillip, Stormwater Technician,
Michelle Kennedy, Planning Director

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Motion: I move that we approved the proposed amendments to Chapter 8,
Land Development and Environmental Regulations, Section 8.2, The Phase II
Stormwater Ordinance and Chapter 20, Environment, Article X, Illicit
Discharge as presented and the proposed amendments are consistent with
the comprehensive plan and are reasonable and in the public interest
because they promote environmentally-sensitive and sustainable practices,
promote natural approaches to address stormwater, and promote the
public health, safety and welfare of the town.
9.

CITIZEN COMMENTS
Individuals wishing to address the Council are asked to sign in at the entrance to the board
room, indicating the topic(s) or agenda item(s) you wish to discuss, so that the chair may
group speakers according to topic. The chair will recognize individuals requesting to
address the Council. Comments by any one speaker shall be limited to three (3) minutes.
If the topic you wish to discuss pertains to a public hearing scheduled for this meeting,
please reserve your comment for the applicable public hearing. Note: Council will not
respond during the citizen comment period.

10. UNFINISHED BUSINESS
10.A.

Discussion of Public Safety Building Facilities - Michael Sobol, Mayor
Motion: n/a- discussion only.

11. NEW BUSINESS
11.A.

ERU Rate Presentation - Anne Phillip, Stormwater Technician
Motion: I move that the current ERU be left at $6.00 and that all NSFR
properties be notified before implementation of the ERU to those
properties.

11.B.

Resolution to Amend the Fiscal Year 2026-27 Schedule of Fees for facility rental
fee increases for the Lakeview Clubhouse facility. - Jacob Guiot, Recreation &
Parks Director
Motion: Motion to approve the amendments to the Lakeview Clubhouse
rental fees and amendment to the Town Schedule of Fees for FY26-27 as
presented.

11.C.

Discussion of Flock Cameras - Michael Sobol, Mayor
Motion: n/a- discussion only.

11.D.

Agreement For Engineering Services With McGill Associates, PA for Water
Resiliency Project. - Richard Hicks, Interim Town Manager
Motion: I move that Council authorize the Interim Town Manager to
Execute the Engineering Agreement with McGill Associates, PA for the
Water Resiliency Project.

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12. CLOSED SESSION - NCGS 143-318.11 (A)(3) CONSULT WITH ATTORNEY, ATTORNEYCLIENT PRIVILEGE; AND NCGS 143-318.11(A)(6) PERSONNEL-RELATED.
13. ADJOURNMENT

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