Agenda 2010 10-18OCTOBER 18, 2010 9:00 A.M.
MEETING CALLED TO ORDER (Chairman Jason R. Thompson)
INVOCATION (Rabbi S. Robert Waxman, B'nai Israel Synagogue)
PLEDGE OF ALLEGIANCE (Commissioner William A. Caster)
APPROVAL OF CONSENT AGENDA
CONSENT AGENDA ITEMS OF BUSINESS
1. Approval of Minutes
2. Approval of 2011 Schedule of Agenda Review Meetings and Regular Board
of Commissioners Meetings
3. Approval to Apply for Two Grants from the Cape Fear Area Agency on
Aging
4. Approval of 2010 State Criminal Alien Assistance Program (SCRAP) Grant
Award from the Bureau of Justice Assistance (BJA)
5. Approval of August 2010 Tax Collection Reports
6. Adoption of Ordinances for Budget Amendments
ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS
TIMES
9:05 a.m.
7. Presentation of Service Awards to Retirees and Employees and New
Employee Introduction and Photo with Commissioners
9:20 a.m.
8. Consideration of a Contribution of $25,000 to Support the USS GRAVELY
Commissioning Committee
9:25 a.m.
9. Recognition of Planning Staff for Creation of the EDZD and Receipt of the
Marvin Collins Award for Outstanding Planning
9:35 a.m.
10. Consideration of Resolution Requesting House Speaker Joe Hackney to
Reverse the Ban on Sectarian Prayers
9:40 a.m.
11. Consideration of a Resolution Directing the Filing of an Application with the
Local Government Commission for Approval of the Issuance of Hospital
Revenue Refunding Bonds in an Amount Not to Exceed $97,000,000
9:45 a.m.
12. Public Hearing Concerning the Contract, Deed of Trust, Proposed
Renovations and /or Equipping of the School Facilities and the Acquisition of
the Wrightsboro Elementary School Site for the Use of the New Hanover
County Board of Education
9:50 a.m.
13. Public Hearing
North Carolina Small Cities Community Development Block Grant Program
2010 Scattered Site Housing Program
10:10 a.m.
14. Ratification of a Grant Application to the North Carolina Department of
Health and Human Services, Office of Minority Health and Health Disparities
Board of Commissioners Meeting
10/18/2010
to Fund an Interpreter Position for Three Years
10:15 a.m. 15. New Hanover County ABC Board Annual Update
10:25 a.m. 16. New Hanover County Tourism Development Authority Annual Update
10:35 a.m. 17. New Hanover County Zoning Board of Adjustment Annual Update
10:45 a.m. 18. • Review and Discuss the Continued Appointments to the Board of Fire
Commissioners and the Commission for Women
• Committee Appointments
NON - AGENDA ITEMS (limit three minutes
ADDITIONAL AGENDA ITEMS OF BUSINESS
11:05 a.m. 19. Consideration of Ordinance for Budget Amendment 11 -089
11:10 a.m. 20. Additional Items
County Manager
County Commissioners
Clerk to the Board
County Attorney
11:20 a.m. 21. ADJOURN
Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move
forward until the agenda is completed.
Board of Commissioners Meeting
10/18/2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 18, 2010
CONSENT
ITEM: 1
DEPARTMENT: Governing Body PRESENTER(S): Chairman Thompson
CONTACT(S): Sheila L. Schult, Clerk to the Board
SUBJECT:
Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the following meeting:
Regular Session meeting held on October 4, 2010
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
10/18/2010
1 -0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 18, 2010
CONSENT
ITEM: 2
DEPARTMENT: Governing Body PRESENTER(S): Sheila L. Schult, Clerk to the Board
CONTACT(S): Sheila L. Schult, Clerk to the Board
SUBJECT:
Approval of 2011 Schedule of Agenda Review Meetings and Regular Board of Commissioners
Meetings
BRIEF SUMMARY:
Consider drafts of suggested dates for the 2011 Schedule of Agenda Review Meetings and Regular Board of
Commissioners Meetings.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve 2011 Schedule of Agenda Review Meetings and Regular Board of Commissioners Meetings.
ATTACHMENTS:
2011 Agenda Review and Regular Meeting Schedules (Combined)
2011 Schedule of Regular Meetings
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
10/18/2010
2 -0
A Review
A Review
Re Meetin Dates
Regular
Meetin Dates
Meetin Times
Meetin Times
Location.- NHC Gov't Ctr.
■
Location- NHC Historic
Harrell Conference Room
Courthouse
Thursda Dec. 30, 2010
4-00 p.m.
Monda Januar 3
6-00 p.m.
Thursda Januar 13
4-00 p.m.
Tuesda Januar 18
9-00 a.m.
Thursda Februar 3
4-00 p.m.
Monda Februar 7
6-00 p.m.
Thursda Februar 17
4-00 p.m.
Monda Februar 21
9-00 a.m.
Thursda March 10
4-00 p.m.
Monda March 14
3-00 p.m.
Thursda March 31
4-00 p.m.
Monda April 4
6-00 p.m.
Thursda April 14
4-00 p.m.
Monda April 18
9-00 a.m.
Thursda April 28
4-00 p.m.
Monda Ma 2
6-00 p.m.
Thursda Ma 12
4-00 p.m.
Monda Ma 16
9-00 a.m.
Thursda June 2
4-00 p.m.
Monda June 6
6-00 p.m.
Thursda June 16
4-00 p.m.
Monda June 20
9-00 a.m.
Thursda Jul 7
4-00 p.m.
Monda Jul 11
3-00 p.m.
Thursda Jul 28
4-00 p.m.
Monda Au 1
6-00 p.m.
Thursda Au 11
4-00 p.m.
Monda Au 15
9-00 a.m.
Thursda September 1
4-00 p.m.
Tuesda September 6
6-00 p.m.
Thursda September 15
4-00 p.m.
Monda September 19
9-00 a.m.
Thursda September 29
4-00 p.m.
Monda October 3
6-00 p.m.
Thursda October 13
4-00 p.m.
Monda October 17
9-00 a.m.
Thursda November 3
4-00 p.m.
Monda November 7
6-00 p.m.
Thursda November 17
4-00 p.m.
Monda November 21
9-00 a.m.
Thursda December 1
4-00 p.m.
Monda December 5
6-00 p.m.
Thursda December 15
4-00 p.m.
Monda December 19
9-00 a.m.
Conference Dates:
NCACC Le Goals Conference, Ralei Count NC
NACo Le Conference, Washin D.C.
NACo Annual Conference, Portland/Multnomah Count Ore
NCACC Annual Conference, Concord/Cabarrus Count NC
Chamber Conference, Washin D.C.
Board of Commissioners Meetin
10/18/2010
2-1-1
Januar 20 - 21, 2011
March 5 - 93 2011
Jul 15-19, 2011
Au 18-21, 2011
September 12-13, 2011 (Tentative)
DRAFT
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
2011 SCHEDULE OF REGULAR MEETINGS
MEETING PLACE: NEW HANGVER COUNTY COURTHOUSE
24 N. THIRD STREET, ROOM 301, WILMINGTON, NC
MONDAY, January 3, 2011 6:00 P.M.
TUESDAY, January 18, 2011 9:00 A.M.
MONDAY, February 7, 2011 6:00 P.M.
MONDAY, February 21, 2011 9:00 A.M.
MONDAY, March 14 3:00 P.M.
MONDAY, April 4, 2011 6:00 P.M.
MONDAY, April 18, 2011 9:00 A.M.
MONDAY, May 2, 2011 6:00 P.M.
MONDAY, May 16, 2011 9:00 A.M.
MONDAY, June 6, 2011 6:00 P.M.
MONDAY, June 20, 2011 9:00 A.M.
MONDAY, July 11, 2011 3:00 P.M.
MONDAY, August 1, 2011 6:00 P.M.
MONDAY, August 15, 2011 9:00 A.M.
TUESDAY, September 6, 2011 6:00 P.M.
MONDAY, September 19, 2011 9:00 A.M.
MONDAY October 3, 2011 6:00 P.M.
MONDAY October 17, 2011 9:00 A.M.
MONDAY, November 7 6:00 P.M.
MONDAY, November 21 9:00 A.M.
MONDAY, December 5, 2011 6:00 P.M.
MONDAY, December 19, 2011 9:00 A.M.
Conference Dates:
NCACC Legislative Goals Conference, Raleigh /Wake County, NC
NACo Legislative Conference, Washington, D.C.
NACo Annual Conference, Portland /Multnomah County, Oregon
NCACC Annual Conference, Concord /Cabarrus County, NC
Chamber Conference, Washington, D.C.
Board of Commissioners Meeting
10/18/2010
2 -2 -1
January 20 - 21, 2011
March 5 - 9 2011
July 15-19,2011
August 18 -21, 2011
September 12 -13, 2011 (Tentative)
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 18, 2010
CONSENT
ITEM: 3
DEPARTMENT: Aging PRESENTER(S): Jim McDaniel, Parks, Gardens & Senior Resources
Director
CONTACT(S): Janine Powell, Development Coordinator
SUBJECT:
Approval to Apply for Two Grants from the Cape Fear Area Agency on Aging
BRIEF SUMMARY:
We are asking for approval to apply for two grants from the Cape Fear Area Agency on Aging. The grants
are General Purpose Funding and Evidence Based Health Promotions. The General Purpose Grant Funding
will be used to fund a staff person's salary. The Evidence Based Health Promotion grant will be used to
conduct classes for two evidence based curricula: A Matter of Balance, which is designed to help seniors
prevent falls; and Chronic Disease Self - Management, which helps seniors manage chronic diseases such as
high blood pressure and diabetes. Both grants require a 10% match. We have identified line items in the
current budget that can be shifted to provide this match. We will not be requesting additional monies from
the County for the match.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approval to submit the applications.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
10/18/2010
3 -0
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 18, 2010
CONSENT
ITEM: 4
DEPARTMENT: Sheriff PRESENTER(S): Chief Rhonda Smith
CONTACT(S): Chief Rhonda Smith
SUBJECT:
Approval of 2010 State Criminal Alien Assistance Program (SCAAP) Grant Award from the Bureau
of ,Justice Assistance (B,JA)
BRIEF SUMMARY:
BJA administers the SCAAP, in conjunction with the Bureau of Immigration and Customs Enforcement and
Citizenship and Immigration Services, Department of Homeland Security (DHS). SCAAP provides federal
payments to states and localities that incurred correctional officer salary costs for incarcerating
undocumented criminal aliens with at least one felony or two misdemeanor convictions for violations of state
or local law, and incarcerated for at least four consecutive days during the report period.
The New Hanover County 2010 SCAAP award is $92,930 and must be used for correctional purposes
only. There is no local match requirement.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Authorize acceptance of the grant and adopt ordinance for budget amendment 11 -079.
ATTACHMENTS:
B/A 11 -079
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
10/18/2010
4 -0
AGENDA: October 18, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -079
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -079 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Sheriffs Office/Detention
Expenditure:
Decrease
Increase
Sheriff s Office /Detention:
Supplies
$92
Total
$92
Revenue:
Decrease
Increase
Sheriffs Office /Detention:
Grant — State — Criminal Alien Assistance Program
$92
Total
$92
Section 2: Explanation
To budget State Criminal Alien Assistance Program (SCAAP) grant award from the Bureau of Justice
Assistance received by the Sheriffs Office /Detention for expenses incurred incarcerating undocumented
criminal aliens.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -079, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/18/2010
4 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 18, 2010
CONSENT
ITEM: 5
DEPARTMENT: Tax PRESENTER(S): Michelle Harrell, Collector of Revenue
CONTACT(S): Michelle Harrell, Collector of Revenue
SUBJECT:
Approval of August 2010 Tax Collection Reports
BRIEF SUMMARY:
Tax collection reports for August 2010 are submitted for approval.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve as submitted.
ATTACHMENTS:
Tax Collection Reports
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
10/18/2010
5 -0
Board of Commissioners Meeting
10/18/2010
5 -1 -1
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 18, 2010
CONSENT
ITEM: 6
DEPARTMENT: Budget PRESENTER(S): Cam Griffin, Budget Director
CONTACT(S): Cam Griffin, Budget Director
SUBJECT:
Adoption of Ordinances for Budget Amendments
BRIEF SUMMARY:
The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30,
2011.
11 -056 - Social Services
11 -071 - Social Services
11 -080 - Social Services
11 -081 - Social Services
11 -067 - Library
11 -075 - Health
11 -076 - Health
11 -077 - Health
11-078 - Health
11 -082 - Emergency Management & 911 Communications
2011 -19 - Finance
11 -084 - Sheriffs Office
2011 -20 - Sheriffs Office
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adoption of the ordinances for the budget amendments listed.
ATTACHMENTS:
B/A 11 -056
B/A 11 -071
B/A 11 -080
B/A 11 -081
B/A 11 -067
B/A 11 -075
B/A 11 -076
B/A 11 -077
Board of Commissioners Meeting
10/18/2010
6 -0
B/A 11 -078
B/A 11 -082
B/A 2011 -19
B/A 11 -084
B/A 2011 -20
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
10/18/2010
6 -0
AGENDA: October 18, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -056
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -056 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Social Services /Administration
Expenditure:
Decrease
Increase
Social Services /Administration:
Administrative Reserve
$82
Total
$82
Revenue:
Decrease
Increase
Social Services /Administration:
DSS Admin 1571 Funds
$82
Total
$82
Section 2: Explanation
To adjust the FYI budget for actual state and federal allocations received to offset various programs
administrative expenses. No additional County match is required.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -056, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/18/2010
6 -1 -1
AGENDA: October 18, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -071
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -071 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Social Services /Administration and Energy Assistance
Expenditure:
Decrease
Increase
Social Services/Energy Assistance:
Assistance Payments
$290
Total
$290
Revenue:
Decrease
Increase
Social Services /Administration:
DSS Admin 1571 Funds
$290
Total
$290
Section 2: Explanation
To budget an increase in State allocation for the Crisis Intervention Program (CIP) that provides energy
assistance payments for low income households. There is no County match required.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -071, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/18/2010
6 -2 -1
AGENDA: October 18, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -080
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -080 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Social Services /Administration and Adult Day Care Services
Expenditure:
Decrease
Increase
Social Services /Adult Day Care Services:
Day Care Services
$8
Total
$8
Revenue:
Decrease
Increase
Social Services /Administration:
DSS Admin 1571 Funds
$7
Governing Body/Appropriated Fund Balance:
Appropriated Fund Balance
$1
Total
$8
Section 2: Explanation
To budget a $7,500 reduction to the State allocation received for Adult Day Care Services and a $1,072
reduction in required matching County funds. Prior to actions taken at this Board of County Commissioners
meeting, the Appropriated Fund balance is $2,595,918.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -080, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/18/2010
6 -3 -1
AGENDA: October 18, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -081
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -081 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Social Services /Administration and TANF Employment Programs
Expenditure:
Decrease
Increase
Social Services /TANF Employment Programs:
Work Function Assessment
$14
Total
$14
Revenue:
Decrease
Increase
Social Services /Administration:
DSS Admin 1571 Funds
$14
Total
$14
Section 2: Explanation
To adjust the budget for a reduction to revenues and expenses where the State rescinded funding for
Temporary Assistance for Needy Families (TANF) work function assessments.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -081, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/18/2010
6 -4 -1
AGENDA: October 18, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -067
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -067 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Library
Expenditure:
Decrease
Increase
Library:
Supplies
$21
Total
$21
Revenue:
Decrease
Increase
Library:
Grant — Federal LSTA
$21
Total
$21
Section 2: Explanation
The Library Science Technology Act (LSTA) grant will be used to replace 33 personal computers for public
access between the Main Library and the Northeast Library locations. A match of $5,000 is required and will
be paid from the Friends escrow account. No County funds are required for the match.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -067, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/18/2010
6 -5 -1
AGENDA: October 18, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -075
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -075 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health /Safe Kids
Expenditure:
Decrease
Increase
Health /Safe Kids:
Supplies
$300
Total
$300
Revenue:
Decrease
Increase
Health /Safe Kids:
Grant — Local — Safe Kids North Carolina
$300
Total
$300
Section 2: Explanation
The Health Department received a $300 grant from Safe Kids North Carolina for Child Passenger Safety
Week to promote proper car seat use and provide education to the community, including a free car seat
check. Funds will be used to provide educational materials and supplies related to child passenger safety. No
County matching funds are required.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -075, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/18/2010
6 -6 -1
AGENDA: October 18, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -076
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -076 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health /Men's Preventive Health
Expenditure:
Decrease
Increase
Health /Men's Preventive Health:
Contract Services
$10
Salaries and Wages
40
Printing
130
Postage Expense
500
Supplies
3
Employee Reimbursements
500
Total
$55
Revenue:
Decrease
Increase
Health /Men's Preventive Health:
Grant — Local — Cape Fear Memorial Foundation
$55
Total
$55
Section 2: Explanation
The Health Department received $55,000 in grant funding from the Cape Fear Memorial Foundation to
continue the Men's Preventive Health Program. These funds will maintain current staffing of a temporary
nurse and support services hours; provide follow -up care for uninsured or underinsured men that have
abnormal screenings for cardiovascular and stroke risks, diabetes or cancer. No new positions will be created
and no County matching funds are required. Approval to apply for this grant funding was approved at the
June 21, 2010 Board of Commissioner's Meeting.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -076, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/18/2010
6 -7 -1
AGENDA: October 18, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -077
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -077 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health /Family Counseling Services
Expenditure:
Decrease
Increase
Health/Family Counseling Services:
Salaries and Wages
$21
Supplies
3
Employee Reimbursements
5
Total
$30
Revenue:
Decrease
Increase
Health/Family Counseling Services:
Grant — Local — Cape Fear Memorial Foundation
$30
Total
$30
Section 2: Explanation
The Health Department has received a grant award of $30,000 from the Cape Fear Memorial Foundation for
continued funding of the Family Counseling Program. Funds will be used to support existing staff and
program supplies and mileage reimbursement associated with intense home visitations. No new positions
will be created and no County matching funds are required. The Board of Commissioners approved this
grant application at their June 21, 2010 meeting.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -077, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/18/2010
6 -8 -1
AGENDA: October 18, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -078
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -078 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health /NC Asthma Program
Expenditure:
Decrease
Increase
Health/NC Asthma Program:
Advertising
$11
Printing
300
Supplies
922
Employee Reimbursements
250
Total
$12,500
Revenue:
Decrease
Increase
Health/NC Asthma Program:
Grant — State — NC Enhancing Local Asthma Efforts
$12
Total
$12
Section 2: Explanation
The Health Department has received a grant award of $12,500 from the North Carolina Enhancing Local
Asthma Efforts program. These funds will be used to continue promoting a public awareness campaign
emphasizing the importance of people with asthma receiving the flu vaccine, implementing air quality flag
initiatives, and educating day -care centers about asthma. No County matching funds are required.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -078, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/18/2010
6 -9 -1
AGENDA: October 18, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -082
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -082 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Emergency Management & 911 Communications
Expenditure:
Decrease
Increase
Tropical Storm Nicole:
Salaries
$73
Supplies
$2
Total
$75
Total
$75
Revenue:
Decrease
Increase
Contingencies:
Contingencies
$75
Total
$75
Section 2: Explanation
Move funds from Contingencies to cover estimated costs incurred during Tropical Storm Nicole. Remaining
balance in contingencies after this budget amendment will be $401,218. If the County is reimbursed for
storm - related expenses, funds will be returned to Contingency account.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -082, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this 18 day of October, 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/18/2010
6 -10 -1
AGENDA: October 18, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 2011 -19
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 2011 -19 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: Smith Creek Park
Department: Finance
Expenditure:
Decrease
Increase
Capital Project Expense - Utilities
$15
$15
Transfer to Capital Project
$15
Total
$15
$15
Fund: Parks and Recreation Bonds
Department: Finance
Expenditure:
Decrease
Increase
Capital Project Expense — Northern Reg Park
$15
Total
$15
Revenue:
Decrease
Increase
Transfers in from Capital Project
$15
Total
$15
Section 2: Explanation
In September 2009, $15,000 of the Park Bonds funds were to be used for underground utilities at Smith
Creek Park. Park Bonds funds were not needed; therefore, the $15,000 unexpended Park Bonds funds are
being transferred back to the Parks and Recreation Bonds Fund.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 2011 -19, amending the
annual budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/18/2010
6 -11 -1
AGENDA: October 18, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -084
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -084 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Sheriffs Office /Community Oriented Policing
Expenditure:
Decrease
Increase
Sheriff s Office/Community Oriented Policing:
Salaries and Wages
$306
Social Security Taxes
23
Retirement — Local Government
14
Retirement — 401 K
15
Medical Insurance Expense
64
Long Term Disability Insurance
672
Total
$423,872
Revenue:
Decrease
Increase
Sheriffs Office/Community Oriented Policing:
Grant — Federal — De artment of Justice
$423
Total
$423
Section 2: Explanation
To budget funds received from the Office of Community Oriented Policing Services /COPS Hiring Recovery
Program for the salaries and benefits of eight full -time sworn officer positions to address the sworn officer
personnel needs of state, local and tribal law enforcement. This grant will provide 100% funding for
approved entry -level salaries and benefits for three years. Grantees must retain all sworn officer positions
awarded under the COPS Hiring Recovery Program for a period of one year following the conclusion of
grant funding. The total grant award was $1,339,192. This budget amendment will budget funds for year one
(beginning 10/1/10) of the three -year grant.
Grant application and approval of grant was approved by Commissioners at the April 6, 2009
Commissioners meeting. No County match required.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -084, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/18/2010
6 -12 -1
AGENDA: October 18, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 2011 -20
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 2011 -20 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: Federal Forfeited Property
Department: Sheriffs Office
Expenditure:
Decrease
Increase
Federal Forfeited Property:
Supplies
$9
Total
$9
Revenue:
Decrease
Increase
Federal Forfeited Property:
Federal Forfeited Property
$9
Total
$9
Section 2: Explanation
To budget September 13, 2010 receipts from GovDeals auction. Federal Forfeited Property funds are
budgeted as received and must be used for law enforcement as the Sheriff deems necessary.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 2011 -20, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/18/2010
6 -13 -1
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 18, 2010
REGULAR
ITEM: 7
DEPARTMENT: Human Resources PRESENTER(S): County Commissioners and Bruce T. Shell,
County Manager
CONTACT(S): Libby Moore, Human Resources Analyst
SUBJECT:
Presentation of Service Awards to Retirees and Employees and New Employee Introduction and Photo
with Commissioners
BRIEF SUMMARY:
RETIREES
Arthur Graifer, Environmental Management, 21 Years of Service
Mary Osborne, Sheriff's Office, 22 Years of Service
Sandra Rogers - Walker, Sheriff's Office, 25 Years of Service
FIVE (5) YEARS
Brenda Brow, Parks, Gardens and Senior Resources
Jennifer Calarco, Sheriff's Office
Crystal Davis, Sheriff's Office
James Iannucci, Engineering
Olivia Pace, Development Services
Frederick Ryder, Environmental Management
Gina Turner, Sheriff's Office
Justin Varella, Sheriff's Office
Scott Vernon, Sheriff's Office
Derrick Williams, Sheriff's Office
TEN (10) YEARS
Barbara Allen, Development Services
Curtis Barnhill, Sheriff's Office
Kelly Johnson, Health Department
Lynn Lancaster, Emergency Management /911
Jessica McSwain, Department of Social Services
Ronnie Norton, Sheriff's Office
John Scheckler, Sheriff's Office
Michael Stophel, Fire Services
Gentry Turner, Fire Services
TWENTY (20) YEARS
Thurman Grady, Health Department
Susan Sprenger, Department of Social Services
TWENTY -FIVE (25) YEARS
Larry Brewer, Sheriff's Office
Susan Thompson, Department of Social Services
Michael Winebar, Legal Department
Board of Commissioners Meeting
10/18/2010
7 -0
NEW EMPLOYEES
Justin Blevins, Sheriff's Office
Susan Brown, Health Department
John Carpenter, Sheriff's Office
Kimberly Culbreth, Department of Social Services
Jesse Day, Sheriff's Office
Alexander Franqui, Sheriff's Office
Alice Haynes, Department of Social Services
Rebecca Hunt, Parks, Gardens and Senior Resources
Mark Mabry, Parks, Gardens and Senior Resources
Maureen Murphy, Department of Social Services
Miranda Rackley, Emergency Management /911
Lourdes Turner, Department of Social Services
RECOMMENDED MOTION AND REQUESTED ACTIONS:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Present service awards, recognize new employees and take photo.
COMMISSIONERS' ACTIONS:
Presented service awards, recognized new employees and took photo.
Board of Commissioners Meeting
10/18/2010
7 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 18, 2010
REGULAR
ITEM:
8
DEPARTMENT: County Manager PRESENTER(S): Captain Dave Scheu, Co -Chair of the USS Gravely
Commissioning Committee
CONTACT(S): Bruce T. Shell, County Manager
SUBJECT:
Consideration of a Contribution of $25,000 to Support the USS GRAVELY Commissioning
Committee
BRIEF SUMMARY:
Captain Dave Scheu, Co -Chair of the USS GRAVELY Commissioning Committee, will provide an overview
of events planned that lead up to the commissioning of the Guided Missile Destroyer USS GRAVELY (DDG
107) at the State Ports on Saturday, November 20, 2010, and request support in the amount of $25,000.
The Secretary of the Navy's selection of Wilmington/New Hanover County as the site for the commissioning
of the guided missle destroyer GRAVELY is an honor. The ship is named for the late Vice Admiral Samuel
L. Gravely USN. In his notable Naval career, he was the first African - American to command a U.S. Naval
combatant, the first to be promoted to flag rank and the first to command a U.S. Fleet.
The commissioning involves hundreds of Navy personnel, their families as well as thousands of
attendees. There are several events that will take place prior to the ceremony, such as a 5k Race for the crew,
golf with a Veteran, public tours and visits to the hospital and senior center. In August, our community
hosted the USS GRAVELY crew during a basketball game against the Globetrotter Legends. According to
the Commissioning Committee's website, November 12, 2010 is the arrival date of the USS GRAVELY
(DDG 107).
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation and adopt ordinance for budget amendment 11 -088.
A mm A ruXaIU XTmC.
Budget Amendment 11 -088
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/18/2010
8 -0
AGENDA: October 18, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -088
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -088 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Finance /Contingencies
Expenditure:
Decrease
Increase
Finance/Contingencies:
Contingencies
$25
$25
Total
$25
$25
Revenue:
Decrease
Increase
Finance/Nonde artmental:
Commissioning of USS Gravel DDG 107
$25
Total
$25
Section 2: Explanation
To transfer funds from Contingencies for New Hanover County's contribution for the commissioning of the
Guided Missile Destroyer US Gravely on November 20, 2010.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -088, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/18/2010
8 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 18, 2010
REGULAR
ITEM: 9
DEPARTMENT: Planning PRESENTER(S): Bruce Shell, County Manager and Chris Coudriet,
Assistant County Manager
CONTACT(S): Chris O'Keefe, Planning & Inspections Director
SUBJECT:
Recognition of Planning Staff for Creation of the EDZD and Receipt of the Marvin Collins Award for
Outstanding Planning
BRIEF SUMMARY:
On Thursday, September 30, the North Carolina Chapter of the American Planning Association presented
New Hanover County with the Marvin Collins Outstanding Planning Award for Large Community Plan
Implementation. Specifically the award recognizes the department for the creation of the Exceptional Design
Zoning District. Award judges were impressed with the ordinance's inclusion of sustainable development
techniques and incorporation of LEED principles. The judges also felt that the district is something that could
and should be replicated in other counties and cities across the state and nation.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recognize staff and acknowledge award.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recognize staff and acknowledge award.
COMMISSIONERS' ACTIONS:
Recognized staff and acknowledged award.
Board of Commissioners Meeting
10/18/2010
9 -0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 18, 2010
REGULAR
ITEM: 10
DEPARTMENT: Governing Body PRESENTER(S): Chairman Thompson
CONTACT(S): Chairman Thompson
SUBJECT:
Consideration of Resolution Requesting House Speaker ,Joe Hackney to Reverse the Ban on Sectarian
Prayers
BRIEF SUMMARY:
North Carolina State House Speaker Joe Hackney banned the use of sectarian prayers by volunteer ministers
during the opening prayers for the North Carolina House of Representatives. As the County Commissioners
believe that all citizens have the undeniable right to worship and pray accordingly to their beliefs, the Board
is requesting that House Speaker Hackney reverse the ban on sectarian prayers in the North Carolina House
of Representatives.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt resolution.
ATTACHMENTS:
Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
10/18/2010
10 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
REQUESTING HOUSE SPEAKER JOE HACKNEY
TO REVERSE BAN ON SECTARIAN PRAYERS
WHEREAS, North Carolina State House Speaker Joe Hackney banned the use of
sectarian prayers by volunteer ministers during the opening prayers for the North
Carolina House of Representatives; and
WHEREAS, a volunteer minister presenting the opening prayer in the 2010
North Carolina House of Representatives was relieved of his duties due to praying
"In Jesus Name;" and
WHEREAS, ministers speaking before the North Carolina House of
Representatives should be allowed to offer sectarian prayers according to his /her
conscience.
NOW, THEREFORE, BE IT RESOLVED that the New Hanover County
Board of Commissioners calls on House Speaker Joe Hackney to reverse the ban
on sectarian prayers in the North Carolina House of Representatives.
BE IT FURTHER RESOLVED that the New Hanover County Board of
Commissioners urges all other counties in North Carolina to join in this request to
Speaker Hackney.
ADOPTED this the 18 day of October, 2010.
NEW HANOVER COUNTY
Jason R. Thompson, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/18/2010
10 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 18, 2010
REGULAR
ITEM: 11
DEPARTMENT: County Attorney PRESENTER(S): Avril Pinder, Finance Director and Wanda Copley,
County Attorney
CONTACT(S): Avril Pinder, Finance Director and Wanda Copley, County Attorney
SUBJECT:
Consideration of a Resolution Directing the Filing of an Application with the Local Government
Commission for Approval of the Issuance of Hospital Revenue Refunding Bonds in an Amount Not to
Exceed $97,000,000
BRIEF SUMMARY:
The Board has determined that it is advisable to provide for the current refunding of all of the County's
outstanding Hospital Revenue Bonds (New Hanover Regional Medical Center Project), Series 1999 to
generate debt service savings. The Series 1999 Bonds were issued to finance certain health care
purposes. The Board must authorize the County Manager, the Finance Director and the County Attorney of
the County to apply to the Local Government Commission of North Carolina for its approval of the issuance
of hospital revenue refunding bonds in an amount not to exceed $97,000,000, the proceeds of which will be
used to (a) refund the outstanding Series 1999 Bonds and (b) pay the costs incurred in connection with the
issuance of the Series 2010 Bonds, and to take all other action necessary.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt resolution.
ATTACHMENTS:
Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
10/18/2010
11 -0
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW
HANOVER, NORTH CAROLINA DIRECTING THE FILING OF AN APPLICATION
WITH THE LOCAL GOVERNMENT COMMISSION OF NORTH CAROLINA FOR
APPROVAL OF THE ISSUANCE OF HOSPITAL REVENUE REFUNDING BONDS IN
AN AMOUNT NOT TO EXCEED $100,000,000 AND ADDRESSING CERTAIN
RELATED MATTERS AND MAKING RELATED FINDINGS
WHEREAS, the Board of Commissioners (the "Board ") of the County of New
Hanover, North Carolina (the "County ") has determined that it is advisable to provide for the
current refunding of all of the County's outstanding Hospital Revenue Bonds (New Hanover
Regional Medical Center Project), Series 1999 (the "Series 1999 Bonds ") to generate debt
service savings;
WHEREAS, the Series 1999 Bonds were issued to finance certain health care
purposes, all as described in the County's Official Statement related to the Series 1999 Bonds;
WHEREAS, the Board desires to authorize the County Manager, the Finance
Director and the County Attorney of the County to apply to the Local Government Commission
of North Carolina for its approval of the issuance of hospital revenue refunding bonds in an
amount not to exceed $100,000,000 (the "Series 2010 Bonds "), the proceeds of which will be
used to (a) refund the outstanding Series 1999 Bonds and (b) pay the costs incurred in connection
with the issuance of the Series 2010 Bonds, and to take all other action necessary in connection
therewith; and
WHEREAS, the Board desires to retain RBC Capital Markets Corporation and
Merrill Lynch, Pierce, Fenner & Smith Incorporated, as co- senior managing underwriters,
Dewey & LeBoeuf LLP, as bond counsel, Smith, Anderson, Blount, Dorsett, Mitchell &
Jernigan, L.L.P., as counsel to New Hanover Regional Medical Center, Womble Carlyle
Sandridge & Rice PLLC, as underwriters' counsel, and U.S. Bank National Association, as
trustee.
NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the
County, as follows:
Section 1. That the County Manager, the Finance Director and the County
Attorney of the County are hereby authorized, directed and designated to file an application with
the Local Government Commission for its approval of the issuance by the County of the Series
2010 Bonds.
Section 2. That the Board finds and determines and asks that the Local
Government Commission find and determine from the County's application and supporting
documentation:
(a) That the issuance of the Series 2010 Bonds is necessary and expedient;
(b) That the amount of the Series 2010 Bonds will be sufficient but is not
excessive for the refunding of the Series 1999 Bonds;
Board of Commissioners Meeting
10/18/2010
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(c) That the refunding of the Series 1999 Bonds and the issuance of the Series
2010 Bonds are feasible;
(d) That the County's debt management procedures and policies are good; and
(e) That the Series 2010 Bonds can be marketed at a reasonable interest cost
to the County.
Section 3. That the Chairman and Vice Chairman of the Board, the County
Manager, the County Attorney, the Finance Director, and the Clerk to the Board are hereby
authorized to do any and all things necessary to effectuate the issuance of the Series 2010 Bonds.
Section 4. That RBC Capital Markets Corporation and Merrill Lynch, Pierce,
Fenner & Smith Incorporated, as co- senior managing underwriters, Dewey & LeBoeuf LLP, as
bond counsel, Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., as counsel to New
Hanover Regional Medical Center, Womble Carlyle Sandridge & Rice PLLC, as underwriters'
counsel, and U.S. Bank National Association, as trustee, shall be retained.
Section 5. That the Local Government Commission is hereby requested to
sell the Series 2010 Bonds with a fixed interest rate at private sale without advertisement to any
purchaser or purchasers thereof, at such prices as which the Local Government Commission and
the Board determine to be in the County's best interest in accordance with the provisions of
Section 159- 123(b) of the General Statutes of North Carolina, as amended.
Section 6. That a Preliminary Official Statement related to the Series 2010
Bonds is hereby authorized to be distributed in connection with the offering of the Series 2010
Bonds.
adoption.
Section 7. That this Resolution shall become effective on the date of its
This the 18 day of October 2010.
(SEAL)
NEW HANOVER COUNTY
Jason R. Thompson, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/18/2010
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 18, 2010
REGULAR
ITEM: 12
DEPARTMENT: County Attorney PRESENTER(S): Avril Pinder, Finance Director and Wanda Copley,
County Attorney
CONTACT(S): Avril Pinder, Finance Director and Wanda Copley, County Attorney
SUBJECT:
Public Hearing Concerning the Contract, Deed of Trust, Proposed Renovations and /or Equipping of
the School Facilities and the Acquisition of the Wrightsboro Elementary School Site for the Use of the
New Hanover County Board of Education
BRIEF SUMMARY:
The Board adopted at its October 4, 2010 meeting a Resolution authorizing the negotiation of an installment
financing contract to provide financing of capital improvements and renovations to Bradley Creek
Elementary School, Mosley Performance Learning Center, D.C. Virgo Middle School, Wrightsboro
Elementary School, Emma B. Trask Middle School, Williston Middle School and Roland -Grise Middle
School. A public hearing must be held to receive public comment on the desirability of (a) the County
acquiring the fee or any lesser interest in the real and personal property included in a portion of the School
Facilities for use by the New Hanover County Board of Education for school purposes and (b) the installment
financing of the School Facilities, of which the Board received evidence supporting the need for such
financing.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hold public hearing and adopt resolution.
ATTACHMENTS:
Resolution
Installment Financing Agreement
Deed of Trust
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Conduct public hearing and adopt resolution.
COMMISSIONERS' ACTIONS:
Conducted public hearing. Adopted the resolution 5 -0.
Board of Commissioners Meeting
10/18/2010
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RESOLUTION OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
MAKING CERTAIN FINDINGS AND DETERMINATIONS REGARDING THE
FINANCING OF CAPITAL IMPROVEMENTS AND RENOVATIONS TO SCHOOL
FACILITIES; REQUESTING THE LOCAL GOVERNMENT COMMISSION TO APPROVE
THE FINANCING ARRANGEMENT; AND AUTHORIZING THE EXECUTION AND
DELIVERY OF AN INSTALLMENT FINANCING AGREEMENT, DEED OF TRUST AND
RELATED DOCUMENTS IN CONNECTION THEREWITH
BE IT RESOLVED by the Board of Commissioners (the "Board ") for the County of New
Hanover, North Carolina (the "County) as follows:
Section 1. The Board does hereby find and determine as follows:
(a) There exists in the County a need to maintain and enhance the County's public
school and certain administrative school facilities to enable the County to perform its public
function, through renovation and equipping of School Facilities. (the "Project ").
(b) In order to pay the costs of the Project and to pay certain other costs associated
with the Project, the Board of Commissioners has determined to enter into an Installment
Financing agreement, to be dated as of the date of delivery thereof (the "Agreement "), between
the County and Bank of America, NA. (the "Bank "), and a Deed of Trust, to be dated as of the
date of delivery thereof (the "Deed of Trust "), from the County to the Deed of Trust trustee
named therein for the benefit of the Bank. Pursuant to the Agreement, the Bank will advance to
the County amounts sufficient to pay the cost of financing the Project, and the County will repay
the advancement in installments, with interest (the "Installment Payment ").
(c) There has been presented to the Board at this meeting drafts of the Agreement and
the Deed of Trust.
(d) It is in the best interest of the County to enter into the Agreement in that such plan
of finance will result in providing financing for the Project in an efficient and cost effective
manner.
(e) Entering into the Agreement is preferable to a general obligation bond and
revenue bond issue in that (1) the County does not have sufficient constitutional authority to
issue non voted general obligations bonds pursuant to Article V, Section 4 of the North Carolina
Constitution because the County has not retired a sufficient amount of debt in the preceding
fiscal year to issue a sufficient amount of general obligation bonds for the financing without an
election; (2) the nature of the Project is such that they are not a "revenue bond project" within the
meaning of The State and Local Government Revenue Bond Act; (3) the cost of the Project
exceeds the amount to be prudently provided from currently mailable appropriations and
unappropriated fund balances; (4) the circumstances existing require that funds be available to
commence construction of the Project as soon as practicable and time required for holding an
election for the issuance of voted general obligation bonds pursuant to Article V, Section 4 of the
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10/18/2010
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North Carolina Constitution and The Local Government Bond Act would delay the
commencement of construction of the Project by several months; and (5) there can be no
assurances that the issuance of general obligation bonds to finance the Project would be
approved by the voters and the necessity of the Project dictates that the Project be financed by a
method that assures that the Project will be constructed in an expedient manner.
(f) Based upon information provided by the Board of Commissioners, the costs of the
financing described above is reasonably comparable to the costs associated with other alternative
means of financing and is acceptable to the Board of Commissioners.
(g) The County Attorney will render an opinion to the effect that the proposed
undertaking as described above is authorized by law and is a purpose for which public funds may
be expended pursuant to the Constitution and the laws of the State of North Carolina.
(h) The debt management polices of the County have been carried out in strict
compliance with law, and the County is not in default under any obligation for repayment of
borrowed money.
(i) No tax rate increase is anticipated to be necessary to pay the Installment
Payments.
(j) The Agreement will constitute a taxable qualified school construction bond and
be treated as a direct payment Build America bond.
Section 2. The board requests the Local Government Commission to approve the
Agreement and the proposed financing in connection therewith.
Section 3. In order to provide for the financing, the County is hereby authorized to
enter into the Agreement to receive an advancement in installments pursuant thereto in a
principal amount not to exceed $4,925,744. The County shall repay the advancement in
installments due in the amounts and times set forth in the Agreement. The payment of
Installment Payments shall be designated as principal and interest as provided in the Agreement.
Section 4. The Board hereby approves the forms of this Agreement and the Deed of
Trust in substantially the forms presented at this meeting. The Chairman of the Board and the
County Manager are each hereby authorized to execute and deliver on behalf of the County each
of said documents in substantially the form presented at this meeting, containing such insertions,
deletions and filling in of blanks as the person executing such documents shall approve, such
execution to be conclusive evidence of approval by the Board of such changes. The Clerk to the
Board or any Assistant of Deputy Clerk to the Board is hereby authorized to affix the official
seal of the County to each of the said documents and to attest the same to the extent required.
Section 5. No deficiency judgment may be rendered against the County in any action
for breach of any contractual obligation under the Agreement, and the taxing power of the
County is not and may not be pledged directly or indirectly to secure any moneys due under the
Agreement.
Board of Commissioners Meeting
10/18/2010
12-1-2
Section 6. The County hereby irrevocably elects to have Section 54F and Section
64310 of the Internal Revenue code of 1986, as amended, to apply to the Agreements.
Section 7. The Chairman of the Board, the County Manager, the Finance Director
and the Clerk to the Board, and any other officers, agents and employees of the County are
hereby authorized and directed to deliver such certificates, opinions and other items of evidence
as shall be deemed necessary to consummate the transactions described above.
Section 8. This resolution shall take effect immediately upon its passage.
This the 18 day of October 2010.
(SEAL)
NEW HANOVER COUNTY
Jason R. Thompson, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/18/2010
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BANK OF AMERICA, N.A.
as the Lender
and
NEW HANOVER COUNTY, NORTH CAROLINA
as the County
INSTALLMENT FINANCING AGREEMENT
Dated November , 2010
This instrument has been preaudited in the manner required by the Local Government Budget
and Fiscal Control Act.
Finance Officer
New Hanover County, North Carolina
Board of Commissioners Meeting
10/18/2010
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TABLE OF CONTENTS
ARTICLE I
DEFINITIONS
SectionI.I. Definitions ..................................................................................... ..............................2
Section 1.2. Rules of Construction ................................................................... ..............................5
ARTICLE II
REPRESENTATIONS AND COVENANTS
Section 2.1. Representations and Covenants by the County ............................. ..............................5
Section 2.2. General Tax Covenants ................................................................. ..............................7
Section2.3. Tax Elections ................................................................................ ..............................8
ARTICLE III
IMPLEMENTATION OF THE PROJECT
Section3.1.
Purpose of Agreement ................................................................... ..............................8
Section 3.2.
Agreement to Implement Project .................................................. ..............................8
Term ............................................................................................. .............................12
Section 3.3.
Payment of Project Costs .............................................................. ..............................8
Payments ...................................................................................... .............................13
Section3.4.
Title ............................................................................................... ..............................8
Prepayments ................................................................................. .............................14
Section 3.5.
Construction of Project ................................................................. ..............................8
Appropriations of Payments ........................................................ .............................14
Section 3.6.
Disclaimers of the Lender ............................................................ .............................11
Insurance ...................................................................................... .............................14
Section 3.7.
Installation of County's Personal Property .................................. .............................12
Expenses; Taxes ........................................................................... .............................16
ARTICLE IV
PAYMENTS; REPAYMENTS; MAINTENANCE; INSURANCE; TAXES
Section 4.1.
Financing of Project ..................................................................... .............................12
Section4.2.
Term ............................................................................................. .............................12
Section4.3.
Payments ...................................................................................... .............................13
Section4.4.
Prepayments ................................................................................. .............................14
Section 4.5.
Appropriations of Payments ........................................................ .............................14
Section4.6.
Insurance ...................................................................................... .............................14
Section4.7.
Expenses; Taxes ........................................................................... .............................16
Section 4.8.
Proof of Payment of Taxes, Other Charges ................................. .............................16
Section4.9.
No Encumbrances ........................................................................ .............................16
Section 4.10.
Performance by the Lender of the County's Responsibilities ... .............................16
Section 4.11.
Financial Statements .................................................................. .............................16
Section 4.12.
Maintenance, Care and Use ....................................................... .............................16
Section4.13.
Inspection ................................................................................... .............................17
Section 4.14.
Limited Obligation of the County .............................................. .............................17
(i)
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ARTICLE V
DAMAGE, DESTRUCTION OR CONDEMNATION
Section 5.1. Damage or Destruction ................................................................ .............................17
Section 5.2. Condemnation; Loss of Title ....................................................... .............................19
ARTICLE VI
EVENTS OF DEFAULT AND REMEDIES
Section 6.1. Events of Default ......................................................................... .............................20
Section6.2. Remedies ...................................................................................... .............................21
Section 6.3. No Deficiency Judgment .............................................................. .............................22
Section 6.4. Reinstatement after Event of Default ........................................... .............................22
Section 6.5. No Remedy Exclusive .................................................................. .............................22
Section 6.6. No Additional Waiver Implied by One Waiver ........................... .............................22
Section 6.7. Attorneys' Fees and Other Expenses ........................................... .............................22
ARTICLE VII
ASSIGNMENT
Section 7.1. Assignment by the Lender ........................................................... .............................23
Section 7.2. Assignment by the County ........................................................... .............................24
ARTICLE VIII
MISCELLANEOUS
Section8.1.
Notices ......................................................................................... .............................24
Section8.2.
Severability .................................................................................. .............................24
Section 8.3.
Successors and Assigns ................................................................ .............................24
Section8.4.
Applicable Law ............................................................................ .............................24
Section8.5.
Indemnification ............................................................................ .............................25
Section8.6.
Counterparts ................................................................................. .............................25
Section8.7.
Entire Agreement ......................................................................... .............................25
Section8.8.
Consent ........................................................................................ .............................25
Exhibit A — Description of Project ............................................................. ............................... A -1
Exhibit B — Schedule of Installment Payments ......................................... ............................... B -1
(ii)
Board of Commissioners Meeting
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THIS INSTALLMENT FINANCING AGREEMENT dated November , 2010, is
entered into between BANK OF AMERICA, N.A., a national banking association (the
"Lender "), and the NEW HANOVER COUNTY, NORTH CAROLINA, a political subdivision
organized and existing under the Constitution and laws of the State of North Carolina (the
"County ").
WITNESSETH:
WHEREAS, the County is a duly and validly created, organized and existing political
subdivision under and by virtue of the Constitution and laws of the State of North Carolina; and
WHEREAS, the County has the power, pursuant to Section 160A -20 of the North
Carolina General Statutes, to enter into installment contracts to finance the purchase of real or
personal property or the construction or renovation of fixtures or improvements on real property;
and
WHEREAS, the Lender desires to advance certain funds in the amount of $4,925,744 to
enable the County to undertake the Project, as hereinafter defined; and
WHEREAS, the County desires to obtain the advance from the Lender pursuant to the
terms and conditions hereinafter set forth; and
WHEREAS, the obligation of the County to make certain payments, as herein provided,
shall not constitute a pledge of the faith and credit of the County within the meaning of any
constitutional debt limitation; and
WHEREAS, the County has received approval of this Agreement and its plan of
financing from the North Carolina Local Government Commission; and
WHEREAS, the County has held a public hearing with respect to the financing of the
Proj ect; and
WHEREAS, in order to further secure the obligations of the County hereunder, the
County has executed the Deed of Trust, as hereunder defined, to a trustee named therein, for the
benefit of the Lender; and
WHEREAS, no deficiency judgment may be rendered against the County in any action
for breach of a contractual obligation under this Agreement, and the taxing power of the County
is not and may not be pledged in any way, directly or indirectly or contingently, to secure any
moneys due under this Agreement.
WHEREAS, pursuant to Section 54F of the Code, as hereinafter defined, the County has
received an allocation of qualified school construction bonds from the North Carolina
Department of Public Instruction ( "DPI ") in the amount of $4,925,744 and desires that its
obligation to repay $4,925,744 of the Advance (hereinafter defined) constitute a Refundable
Qualified School Construction Bond, as hereinafter defined, and the County has irrevocably
elected to have Section 54F and Section 6431(f) of the Code apply to such obligation; and
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NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter
contained, the parties hereto do hereby agree as follows:
ARTICLE I
DEFINITIONS
Section 1.1. Definitions The terms defined in this Article shall, for all purposes of this
Agreement, have the meanings in this Article specified, unless the context clearly indicates some
other meaning:
"Additional Payments" means payments (other than Installment Payments) required to be
paid by the County hereunder, including in particular payments under Section 4.7 hereof.
"Advance" means the amount not exceeding $4,925,744 to be advanced by the Lender to
enable the County to finance the Implementation of the Project pursuant to the terms of this
Agreement.
"Agreement" means this Installment Financing Agreement and any and all amendments
or supplements hereto.
"Basic Agreements" means this Agreement and the Deed of Trust.
"Business Day" means a day (a) on which the Lender in the City of Charlotte, North
Carolina is open for the purpose of conducting a commercial banking business and (b) on which
the New York Stock Exchange is open for trading.
"County" means New Hanover County, North Carolina, a political subdivision organized
and existing under the laws of the State of North Carolina, acting by and through its Governing
Body.
"Code" means the Internal Revenue Code of 1986, as amended, as it applies to this
Agreement and final regulations and all proposed regulations which, if adopted in their present
form would be retroactive and apply to this Agreement. Reference herein to any specific
provision of the Code shall be deemed to include any successor provision thereto.
"Deed of Trust" means the Deed of Trust and Security Agreement dated as of the date
hereof from the County to the deed of trust trustee named therein securing its obligations
hereunder for the purchase and improvement of the property more particularly described in the
Deed of Trust and on Schedule I thereto.
"Environmental Laws" means any federal, state or local law, rule, regulation, permit,
order or ordinance relating to the protection of the environment or human health or safety now or
hereafter in effect, including, without limitation, the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (42 U.S.C. Section 9601, et seq.) (together with
the regulations promulgated thereunder, "CERCLA "), the Resource Conservation and Recovery
Act, as amended (42 U.S.C. Section 6901, et seq.) (together with the regulations promulgated
thereunder, "RCRA "), the Oil Pollution Act of 1990 (33 U.S.C. Section 2701, et seq.) (together
2
Board of Commissioners Meeting
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with the regulations promulgated thereunder, "OPA "), the Emergency Planning and Community
Right -to -Know Act, as amended (42 U.S.C. Section 11001, et seq.) (together with the regulations
promulgated thereunder, "Title III "), the Clean Water Act, as amended (33 U.S.C. Section 1321,
et seq.) (together with the regulations promulgated thereunder, "CWA "), the Clean Air Act, as
amended (42 U.S.C. Section 7401, et seq.) (together with the regulations promulgated
thereunder, "CAA ") and the Toxic Substances Control Act, as amended (15 U.S.C. Section 2601
et seq.) (together with the regulations promulgated thereunder, "TSCA "), and any state or local
similar laws and regulations and any so- called local, state or federal "superfund" or "superlien"
law.
"Event of Default" shall have the meaning set forth in Section 6.1 hereof.
"Governing Body" means the governing body of the County.
"Hazardous Materials" means any flammable explosives, radioactive materials,
hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials,
asbestos or any materials containing asbestos or petroleum, petroleum hydrocarbons, or any
other substance or material as defined by (or for purposes of) any federal, state or local
environmental law, ordinance, rule or regulation including, without limitation, the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended
(42 U.S.C. sections 9601 et seq.), the Hazardous Materials Transportation Act, as amended (49
U.S.C. sections 1801 et seq.), the Resource Conservation and Recovery Act, as amended (42
U.S.C. sections 9601 et seq.), and the regulations adopted and publications promulgated pursuant
thereto. Hazardous Materials shall not include materials used by the County in connection with
its operation of any of its public works or water /sewer system, provided such materials are
properly handled and contained in accordance with applicable federal and state laws.
"HIRE Act" means the Hiring Incentives to Restore Employment Act of 2010, enacted on
March 18, 2010.
"Implement," "Implementing," "Implementation," or any other grammatical form
thereof, when used in connection with the Project, means design, acquire, renovate, construct,
install and equip, as the case may be.
"Installment Payments" means the payments or principal and interest payable by the
County pursuant to Section 4.3 (a) during the Term.
"Lender" means Bank of America, N.A., a national banking association, and any
successor or assignee thereof.
"LGC" means the North Carolina Local Government Commission, a division of the
North Carolina Department of State Treasurer.
"Manager" means the officer of the County charged from time to time with preparing the
annual budget of the County.
"Mortgaged Property" means the property subject to the lien of the Deed of Trust,
consisting of the site on which the Wrightsboro School, Wilmington, North Carolina, is located,
3
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together with substantially all of the buildings, improvement and fixtures located and to be
located thereon, as more fully described on Schedule I to the Deed of Trust.
"Net Proceeds" means the gross proceeds from any insurance recovery, condemnation or
eminent domain award or amounts recovered by the County under Section 3.5(g) hereof
remaining after payment of all expenses (including attorneys' fees) incurred in the collection of
such gross proceeds.
"Payment of Installment Payments" means payment in full of all Installment Payments
due and to become due to and including the final scheduled payment date.
"Permitted Encumbrances" means collectively those title exceptions listed on Exhibit B
to the Deed of Trust.
"Project," whether one or more, means the transaction or set of transactions more
particularly described on Exhibit A attached hereto and all substitutions therefor, replacements
thereof and additions thereto, and all reasonably necessary or convenient associated equipment
and other personal property or fixtures, such description as may be amended from time to time.
"Project Costs" shall be deemed to include payment of or reimbursement for the
following items:
(a) the actual cost of labor, materials, machinery and equipment as payable to
contractors, builders and materialmen in connection with the acquisition, construction,
renovation, installation and equipping of the Project;
(b) governmental charges levied or assessed during installation upon the Project or on
any property acquired therefor, and premiums on insurance in connection with the Project during
construction;
(c) fees and expenses of architects and engineers for estimates, surveys and other
preliminary investigations, preparation of plans, drawings and specifications and supervision of
construction, as well as for the performance of all other duties of architects and engineers in
relation to the construction of the Project;
(d) costs of issuance and expenses of administration, supervision and inspection
properly chargeable to the Project, legal expenses and fees, financing charges and all other items
not elsewhere specified in this section incident to the acquisition, construction, renovation,
installation and equipping of the Project;
(e) all other costs which are considered to be a part of the costs of the construction,
acquisition, installation and equipping of the Project, in accordance with generally accepted
accounting principles and which will not affect the exclusion from gross income for federal
income tax purposes of the designated interest component of Installment Payments payable by
the County hereunder, including sums required to reimburse the County for advances made by
the County that are properly chargeable to the acquisition, construction, installation and
equipping of the Project, including the interest component of Installment Payments prior to the
Completion Date of the Project.
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"Refundable Qualified School Construction Bond" means the Advance in the amount of
$4,925,744 that is payable as provided in Exhibit B -1 and constitutes a taxable qualified school
construction bond, which is a tax credit bond, which the County has elected to treat as a direct
payment build America bond under Section 6431(f) of the Code pursuant to the provisions of
ARRA and the HIRE Act.
"State" means the State of North Carolina.
"Term" means the duration of this Agreement and the period during which payments are
to be made hereunder, such Term now scheduled to terminate on the Termination Date, unless
such date is extended pursuant to Section 4.2.
"Termination Date" means May 1, 2025, unless such date is extended pursuant to Section
4.2 hereof.
"Trustee" means the trustee named in the Deed of Trust.
Section 1.2. Rules of Construction The following rules shall apply to the
construction of this Agreement unless the context otherwise requires:
(a) Words importing the singular number shall include the plural number and vice
versa.
(b) Words importing the prepayment or calling for prepayment of the County's
obligations hereunder shall not be deemed to refer to or connote the payment of the County's
obligations hereunder at their stated maturity or payment dates.
(c) Unless otherwise indicated, all references herein to particular Articles or Sections
are references to Articles or Sections of this Agreement.
(d) The headings and Table of Contents herein are solely for convenience of
reference and shall not constitute a part of this Agreement nor shall they affect its meaning,
construction or effect.
ARTICLE II
REPRESENTATIONS AND COVENANTS
Section 2.1. Representations and Covenants by the County. The County makes the
following representations and covenants:
(a) the County is a duly and validly created, organized and existing political
subdivision under and by virtue of the Constitution and laws of the State of North Carolina;
(b) the Implementation of the Project is essential in order to permit the County to
carry out the public functions that it is authorized by law to perform. The County anticipates an
ongoing need for the Project and the Project will serve functions which are essential to the
proper, efficient and economic operation of the County;
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(c) the County has full power and authority to enter into the Basic Agreements and all
other documents to which it is a party to perform the transactions contemplated thereby, to carry
out its obligations thereunder and, by proper action, has duly authorized, executed and delivered
such Basic Agreements and other documents;
(d) the County is not in default in the payment of the principal of or interest on any of
its indebtedness for borrowed money and is not in default under any instrument under or subject
to which any indebtedness for borrowed money has been incurred, and, to the best of its
knowledge, no event has occurred and is continuing that with the lapse of time or the giving of
notice, or both, would constitute or result in an event of default thereunder;
(e) the County is not in default under or in violation of, and the execution, delivery
and compliance by the County with the terms and conditions of the Basic Agreements, to the
best of its knowledge, will not conflict with or constitute or result in a default under or violation
of, (1) any existing law, rule or regulation applicable to the County, or (2) any indenture,
mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other agreement,
instrument or restriction of any kind to which the County or any of its assets is subject, and no
event has occurred and is continuing that with the lapse of time or the giving of notice, or both,
would constitute or result in such a default or violation;
(f) to the best of its knowledge, no further approval, consent or withholding of
objection on the part of any regulatory body or any official, Federal, state or local, is required in
connection with the execution or delivery of or compliance by the County with the terms and
conditions of any agreement with respect to the Project to which it is a party;
(g) there are no liens or encumbrances encumbering the Mortgaged Property or any
of the real or personal property which is part of the Mortgaged Property other than the Deed of
Trust and the Permitted Encumbrances (as defined in the Deed of Trust);
(h) there is no litigation at law or in equity or any proceeding before any
governmental agency involving the County pending or, to the knowledge of the County,
threatened in which any liability of the County is not adequately covered by insurance or in
which any judgment or order would have a material adverse effect upon the activities or assets of
the County or that would affect the Implementation of the Project, the validity of the Basic
Agreements or the performance of the County's obligations thereunder;
(i) to the best of the County's knowledge, the Mortgaged Property is not now and has
not ever been used to generate, manufacture, refine, transport, treat, store, handle, dispose,
transfer, produce or process Hazardous Materials and that no Hazardous Materials have ever
been installed on such Mortgaged Property. The County covenants that such Mortgaged
Property shall be kept free of Hazardous Materials and shall not be used to generate,
manufacture, refine, transport, treat, store, handle, dispose, transfer, produce or process
Hazardous Materials, except in connection with the normal construction, maintenance and
operation of the Project and in compliance with all Environmental Laws. The County shall not
cause or permit as a result of any intentional or unintentional act or omission on the part of the
County or any lessee, tenant, subtenant, licensee, guest, invitee, employee, agent or contractor,
the installation of Hazardous Materials in the Project or a release of Hazardous Materials onto
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the Mortgaged Property or suffer the presence of Hazardous Materials on the Mortgaged
Property, except in connection with the normal construction, maintenance and operation of the
Project and in compliance with all Environmental Laws. The County shall comply with and
ensure compliance by all sublessees, tenants, subtenants, licensees, guests, invitees, employees,
agents and contractors with all applicable federal, state and local laws, ordinances, rules and
regulations with respect to Hazardous Materials and shall keep the Mortgaged Property free and
clear of any liens imposed pursuant to such laws, ordinances, rules and regulations. The County
has not received any notice from any governmental agency, entity or any other person who
receives any notices from any governmental agency, entity or any other person with regard to
Hazardous Materials on, from or affecting the Mortgaged Property. In the event the County does
receive any such notices, the County shall immediately notify the Lender. The County, at no
expense to the Lender, shall conduct and complete all investigations, studies, sampling and
testing and all remedial, removal and other actions necessary to comply with all applicable
Environmental Laws;
(j) the County shall be responsible for any and all costs of the Project in excess of the
Advance;
(k) the County is in compliance with all applicable State and local law requirements
governing conflicts of interest with respect to this Agreement; and
Section 2.2. General Tax Covenants The County covenants that: (a) it will make no
use of the monies advanced by the Bank (the "proceeds ") which would cause this Agreement to
be an "arbitrage bond" within the meaning of Section 148 of the Internal Revenue Code of 1986,
as amended (the "Code "), or the Treasury Regulations promulgated thereunder; (b) so long as the
Agreement remains in effect, the County will comply with the requirements of the Code and the
applicable Treasury Regulations promulgated thereunder in order for the repayment of the
Advance to continue to be treated as a "qualified school construction bond" under Section 54F of
the Code and a "qualified bond" under Section 6431(g) of the Code; (c) the Project shall be used
exclusively for essential governmental purposes of the County and no use shall be made of the
proceeds or of the Project, directly or indirectly, which would cause this Agreement to be a
"private activity bond" within the meaning of Section 141 of the Code; (d) no part of the
payment of principal or interest under this Agreement is or shall be guaranteed, in whole or in
part, by the United States or any agency or instrumentality thereof; and (e) 100% of the Advance
less the costs associated with the execution of the Agreement (not to exceed two percent (2 %) of
the sale price of the Advance) will be used only for capital expenditures, as defined in Treasury
Regulations Section 1.150 -1(b). The County covenants that it shall not take or omit to take any
action that may cause a loss of the State of North Carolina tax - exempt status of this Agreement
or the interest thereon. The County will not directly or indirectly use or permit the use of any
moneys constituting an Installment Payment hereunder, or take or omit to take any other action,
that would cause the Agreement to be an "arbitrage bond" within the meaning of Section 148(a)
of the Code. The County further covenants that the Agreement is not a "private activity bond" as
defined in Section 141 of the Code.
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Section 2.3. Tax Elections The County hereby irrevocably elects to apply Sections
54F and 6431(f) of the Code to its obligation under the Advance of this Contract so that such
obligation will be a "qualified school construction bond" under Section 54F of the Code and a
"qualified bond" under Section 6431(f) of the Code. The "qualified tax credit bond" rate
applicable to the Advance as of the date of execution and delivery of this Agreement is set forth
on
ARTICLE III
IMPLEMENTATION OF THE PROJECT
Section 3.1. Purpose of Agreement The purpose of this Agreement is to provide for
the financing of the Implementation of the Project by the County.
Section 3.2. Agreement to Implement Protect The County hereby agrees to
Implement the Project, subject to the terms and conditions of this Agreement. In order to
effectuate the purposes of this Agreement, the County shall make, execute, acknowledge and
deliver, or cause to be made, executed, acknowledged and delivered, all contracts, orders,
receipts, writings and instructions, in the name of the County or otherwise, with or to other
persons, firms or corporations, and in general do or cause to be done all such other things as may
be requisite or proper in order to Implement the Project and fulfill the obligations of the County
under this Agreement. The County has complied, or will comply, with all applicable public
bidding requirements with respect to the Project, including, without limitation, Article 8 of
Chapter 143 of the General Statutes of North Carolina.
Section 3.3. Payment of Project Costs The County shall pay all Project Costs. To the
extent any proceeds of the Advance remain after application of the Project, the County shall
apply such amounts to the prepayment of the Advance in accordance with Section 4.4.
Section 3.4. Title Title to the Mortgaged Property and any and all additions, repairs,
replacements or modifications thereto shall be in the County from and after the date of execution
and delivery of this Agreement. Simultaneously with the execution and delivery of this
Agreement, the County shall deliver the Deed of Trust in form satisfactory to the Lender. Upon
payment in full of all of the County's obligations hereunder, including all other payments due
hereunder, the Lender shall cancel the Deed of Trust and this Agreement will terminate.
Section 3.5. Construction of Pro ect The County shall comply with and agree to the
following:
(a) Completion Date The County agrees to use its best efforts to Implement the
Project on or before (the "Completion Date "). The County may make
such changes in the Project as it deems necessary or appropriate to cause the Project to be
completed for a cost within the Advance; provided, however, that no change may be made in the
Project which would result in its use for other than the intended purpose as described in
Exhibit A. In the event of a change in the Project which would render materially inaccurate the
description in Exhibit A hereto, the County shall provide to the Lender a revised Exhibit A for
attachment hereto which accurately reflects the Project, as so changed.
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(b) Construction The County shall comply with the provisions of Article 8 of
Chapter 143 of the General Statutes of North Carolina and enter into one or more contracts with
a contractor or contractors relating to the construction and renovation of the Project (whether one
or more, the "Construction Contract "). The County shall cause the construction to be carried on
continuously in accordance with the plans and specifications and with all applicable ordinances
and statutes, and in accordance with the requirements of all regularly constituted authorities
having jurisdiction over same. The County shall require that all work be done in a workman -like
manner and that only new materials be utilized. The County shall ensure (i) that the Project does
not encroach upon or overhang any easement or right -of -way and (ii) that the Project, when
erected, will be wholly within any applicable building restriction lines, however established, and
will not violate applicable zoning, land use or other restrictions or applicable protective
covenants. The County shall cause all utility lines, septic systems and streets serving the Project
to be completed in accordance with health department standards and other applicable regulations
of any governmental agency having jurisdiction.
(c) Right of Entry and Inspection The Lender and its representatives and agents
shall have the right to inspect the Project and the improvements thereto during normal business
hours with reasonable notice, during and after construction, and the County will cause any
contractor or sub - contractor to cooperate with the Lender and its representatives and agents
during such inspections. The Lender shall have the right to review the plans and specifications
and other construction documents relating to the Project.
No right of inspection or approval contained herein shall be deemed to impose upon the
Lender any duty or obligation whatsoever to undertake any inspection or to make any approval.
No inspection made or approval given by the Lender shall be deemed to impose upon the Lender
any duty or obligation whatsoever to identify or correct any defects in the improvements or to
notify any person with respect thereto, and no liability shall be imposed upon the Lender and no
warranties (either express or implied) are made by the Lender as to the quality or fitness of any
improvement, any such inspection and approval being made solely for the benefit of the Lender.
(d) Completion of Construction.
(i) The County represents that, based upon (A) its examination of the site
upon which the Project is located, the Construction Contract and the related plans and
specifications, (B) estimated construction and equipment costs provided by licensed
architects and engineers, and (C) the anticipated configuration of the Project, the Project
can be constructed and equipped for a total price within the total amount of funds
expected to be available for such purposes. The County shall use its best efforts to cause
the construction of the Project to be completed by the Completion Date, unforeseeable
delays beyond the reasonable control of the County only excepted.
(ii) Prior to commencement of construction of the Project, the County shall
deliver to the Lender a flood hazard certificate for the Mortgaged Property.
(iii) Upon completion of the Project, the County shall deliver to the Lender,
(A) a certificate (the "Completion Certificate ") of the County stating the fact and date of
such completion and stating that all of the costs of construction have been determined and
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paid (or that all of such costs have been paid less specified claims which are subject to
dispute and for which a retention in the escrow fund, if any, is to be maintained in the full
amount of such claims until such dispute is resolved), (13) a certificate of a duly
authorized officer or agent of the architects, engineers or supervising contractors selected
and hired by the County in connection with the construction of the Project stating the fact
and date of such completion, and (C) proof of the insurance coverage required by this
Agreement.
(e) Compliance with Laws and Regulations and Securing of Retyulatory Approvals
The County will comply with all applicable laws, regulations and requirements of any
governmental authority having jurisdiction over the Project and has secured, or caused to be
secured, all regulatory approvals that are available at this time and necessary for the construction
of the Project. The County will secure, or cause to be secured, any additional regulatory
approvals if required as construction of the Project progresses.
(f) Payment and Performance Bonds Each contractor of the Proj ect shall be required
by the County to furnish a performance bond and a separate labor and materials payment bond as
required by North Carolina General Statutes, Article 3, Chapter 44A, copies of which shall be
provided to the Lender.
In the event of any material default by a contractor, or in the event of a material breach of
warranty with respect to any materials, workmanship or performance, the County shall promptly
proceed, either separately or in conjunction with others, to pursue diligently its remedies against
such contractor and /or against each surety of any bond securing the performance of the contract
with such contractor. The Net Proceeds of any amounts recovered by way of damages, refunds,
adjustments or otherwise in connection with the foregoing, remaining after deduction of
expenses incurred in such recovery (including, without limitation, attorneys' fees and costs), and
after reimbursement to the County of any amounts theretofore paid by the County and not
previously reimbursed to the County for correcting or remedying the default or breach of
warranty or nonperformance which gave rise to the proceedings against such contractor shall be
applied toward prepayment of the Installment Payments. The Net Proceeds of any performance
or payment bond or insurance policy required by this paragraph shall likewise be applied toward
prepayment of the Installment Payments.
(g) Contractor's General Public Liability and Property Damage Insurance Each
contractor shall be required by the County to procure and maintain standard form comprehensive
general public liability and property damage insurance, at its own cost and expense, during the
duration of such contractor's contract, in the amount of at least $1,000,000 bodily injury and
property damage liability combined single limit each occurrence /annual aggregate. Such policies
shall include the County and the Lender as additional named insureds, and shall include a
provision prohibiting cancellation or termination without 30 days' prior notice by certified mail
to the Lender. A certificate evidencing such coverage shall be provided to the County or, if such
insurance is provided by a private carrier, a completed certificate of insurance, in form
acceptable to the County, shall be provided to the County with respect to each contractor
engaged. Such insurance shall provide protection from all claims for bodily injury, including
death, property damage and contractual liability, products /completed operations, broad form
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property damage and XCU (explosion, collapse and underground property damage), where
applicable.
(h) Contractor's Builder's Risk Completed Value Insurance. The County will
purchase and maintain or cause each contractor to purchase and maintain property insurance
(builder's risk) on its portion of the Implementation of the Project (excluding contractor's tools
and equipment) at the full and insurable value thereof. This insurance (i) shall insure against "all
risk" subject to standard policy conditions and exclusions, (ii) shall include the County and the
Lender as additional insureds, and (iii) shall include a provision prohibiting cancellation or
termination without 30 days prior written notice by certified mail to the Lender. Each contractor
shall purchase and maintain similar property insurance for portions of the work stored off the site
or in transit when such portions of the work are to be included in an application for payment.
Each contractor shall be responsible for the payment of any deductible amounts associated with
this insurance.
(i) Contractor's Workers' Compensation Insurance. Each contractor shall be
required to procure and maintain, at its own cost and expense, worker's compensation insurance
during the term of its engagement, covering its employees working thereunder. Such insurance,
if issued by a private carrier, shall contain a provision prohibiting cancellation or termination
without 30 days' prior notice by certified mail to the County and the Lender. A certificate
evidencing such coverage shall be provided to the County and the Lender or, if such insurance is
provided by a private carrier, a completed certificate of insurance, in form acceptable to the
County and the Lender, shall be provided to the County and the Lender with respect to each
contractor engaged.
(j) Filing with the Lender. The County shall cause copies of all performance bonds
and insurance contracts or approved certificates thereof to be delivered to the Lender in a timely
manner and in such form as to certify compliance with the provisions of the paragraphs referred
to herein.
(k) Davis Bacon. The County shall require all contractors entering into construction
contracts relating to the Project to comply with the provisions of the Davis Bacon Act, found in
Subchapter V of Chapter 31 of Title 40 of the United States Code.
Section 3.6. Disclaimers of the Lender. The County acknowledges and agrees that the
designs for the Project, if any, have not been made by the Lender, and the Lender has not
supplied any plans or specifications with respect thereto and that the Lender (a) is not a
manufacturer of, nor a dealer in, any of the component parts of the Project or similar projects; (b)
has not made any recommendation, given any advice nor taken any other action with respect to
(i) the choice of any supplier, vendor or designer of, or any other contractor with respect to, the
Project or any component part thereof or any property or rights relating thereto, or (ii) any action
taken or to be taken with respect to the Project or any component part thereof or any property or
rights relating thereto at any stage of the construction thereof; (c) has not at any time had
physical possession of the Project or any component part thereof or made any inspection thereof
or any property or rights relating thereto; and (d) has not made any warranty or other
representation, express or implied, that the Project or any component part thereof or any property
or rights relating thereto (i) will not result in or cause injury or damage to persons or property,
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(ii) has been or will be properly designed, or will accomplish the result which the County intends
therefor, or (iii) is safe in any manner or respect.
THE LENDER MAKES NO EXPRESS OR IMPLIED WARRANTY OR
REPRESENTATION OF ANY KIND WHATSOEVER WITH RESPECT TO THE PROJECT
OR ANY COMPONENT PART THEREOF TO THE COUNTY OR IN REGARD TO ANY
OTHER CIRCUMSTANCE WHATSOEVER WITH RESPECT THERETO, INCLUDING
BUT NOT LIMITED TO ANY WARRANTY OR REPRESENTATION WITH RESPECT TO:
THE MERCHANTABILITY OR THE FITNESS OR SUITABILITY THEREOF FOR ANY
PURPOSE; THE DESIGN OR CONDITION THEREOF; THE SAFETY, WORKMANSHIP
OR QUALITY THEREOF; COMPLIANCE THEREOF WITH THE REQUIREMENTS OF
ANY LAW, RULE, SPECIFICATION OR CONTRACT PERTAINING THERETO; ANY
LATENT DEFECT; THE TITLE TO OR INTEREST OF THE LENDER THEREIN; THE
ABILITY THEREOF TO PERFORM ANY FUNCTION; THAT THE ADVANCE WILL BE
SUFFICIENT (TOGETHER WITH ANY OTHER AVAILABLE FUNDS OF THE COUNTY)
TO PAY THE COST OF IMPLEMENTING THE PROJECT; OR ANY OTHER
CHARACTERISTICS OF THE PROJECT, IT BEING AGREED THAT ALL RISKS
RELATING TO THE PROJECT, THE COMPLETION THEREOF OR THE TRANSACTIONS
CONTEMPLATED HEREBY ARE TO BE BORNE BY THE COUNTY, AND THE
BENEFITS OF ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS OF
THE LENDER ARE HEREBY WAIVED BY THE COUNTY.
Section 3.7. Installation of County's Personal Property The County may at any time
and from time to time, in its sole discretion and at its own expense, install or permit to be
installed other items of equipment or other personal property in or upon any portion of the
Mortgaged Property that does not materially impair the effective use, nor materially decreased
the value of the Mortgaged Property. Such property may be modified or removed by the County
at any time, provided that the County shall repair and restore any and all damage to the
Mortgaged Property resulting from the installation, modification or removal of any such items.
ARTICLE IV
PAYMENTS; REPAYMENTS; MAINTENANCE; INSURANCE; TAXES
Section 4.1. Financimy, of Project The Lender hereby agrees to finance the Project for
the County and the County agrees to pay the Lender for such financing, upon the terms and
conditions of this Agreement. The Lender shall deliver the Advance to the County on the date
hereof. The County will deposit the Advance in a separate account of its General Fund in an
account held at the Lender. The Lender shall invest the Advance in investments that qualify
under N.C.G.S. §159-30.
Section 4.2. Term The Term shall commence on the date of delivery of this
Agreement and shall terminate upon the earlier of the following:
(a) such date as all Installment Payments and Additional Payments shall be paid; and
(b) such date as all proceeds derived from (i) a foreclosure sale of the Property and
the Collateral (as defined in the Deed of Trust) and (ii) the exercise of the Lender's rights as a
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secured party under the North Carolina Uniform Commercial Code have been applied by the
Lender to the payment, in whole or in part, of the Installment Payments and any Additional
Payments.
Termination of this Agreement shall terminate all duties, obligations, liabilities and
responsibilities of the County under this Agreement (other than the obligation to indemnify the
Lender and the LGC pursuant to Section 8.5 hereof and the obligation to rebate money to the
United States of America pursuant to Section 2.2 hereof).
Section 4.3. Payments (a) Subject to Section 4.5, the County shall repay the Advance
by paying to the Lender Installment Payments in accordance with the schedule set forth on
Exhibit B attached hereto and, by this reference, incorporated herein as if fully set forth herein.
The interest component of the Installment Payment shall be calculated at the rate of % per
annum, calculated on the basis of a 360-day year and twelve 30 day months. Such Installment
Payments shall be denominated in components of principal and interest, in the amounts, and at
the times set forth in such Exhibit B . Each such Installment Payment shall be paid in lawful
money of the United States of America at the Lender's office at the address specified in Section
8.1 hereof or as may be otherwise directed by the Lender in writing. In the event the County
fails to make any Installment Payment when due, interest with respect to the principal
component of such Installment Payment shall continue to accrue until paid at the applicable rate
per year as set forth on Exhibit B .
(a) The obligation of the County to make each Installment Payment as it becomes due
is a current obligation of the County and each Installment Payment is a current expense of the
County.
(b) Subject to Section 4.5 and Section 4.14 hereof, the obligation of the County to
make Installment Payments to the Lender and to perform and observe all other covenants,
conditions and agreements hereunder shall be absolute and unconditional, irrespective of any
defense or any rights of setoff, recoupment or counterclaim it might otherwise have against the
Lender. Subject to prepayment in full as provided herein and subject to Section 4.5 and Section
4.14 hereof, the County shall not suspend or discontinue any such payment or fail to observe and
perform any of its other covenants, conditions and agreements hereunder for any cause,
including without limitation any acts or circumstances that may constitute an eviction or
constructive eviction, failure of consideration, or failure of title to any part or all of the Project,
or commercial frustration of purpose, or any damage to or destruction or condemnation of all or
any part of the Project, or any change in the tax or other laws of the United States of America,
the State of North Carolina or any political subdivision of either, or any failure of a vendor or the
Lender to observe and perform any covenant, condition or agreement, whether express or
implied, or any duty, liability or obligation arising out of or in connection with this Agreement.
The County assumes and shall bear the entire risk of loss and damage to the Project from any
cause whatsoever, it being the intention of the parties that the Installment Payments shall be
made in all events unless the obligation to make such Installment Payments is terminated as
otherwise expressly provided herein. The County may, after giving to the Lender ten (10) days'
notice of its intention to do so, at its own expense and in its own name or, with the consent of the
Lender which consent shall not be unreasonably withheld, in the name of the Lender, prosecute
or defend any action or proceeding or take any other action involving third persons which the
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County deems reasonably necessary in order to secure or protect any of its rights hereunder or
the rights of the Lender; and in such event the Lender shall cooperate fully with the County and
take all necessary action to effect the substitution of the County for the Lender in any such action
or proceeding if the County shall so request; provided, however, if such consent is refused for
any reason, the Lender shall assign, to the extent permitted by law, all of its rights, title and
interest in such cause of action or defense to the County and the Lender shall cooperate fully to
effectuate such assignment and take all necessary action to effect the substitution of the County
for the Lender in any such action or proceeding.
(c) Any Installment Payment due on a day not a Business Day shall be made on the
next Business Day with the same force and effect as if made on such day.
Section 4.4. Prepayments The County may not prepay the Advance at any time
during the Term of this Agreement.
Section 4.5. Appropriations of Payments. (a) The County reasonably believes that
funds sufficient to make all Installment Payments during the Term of this Agreement can be
obtained. While recognizing that it is not empowered to make any binding commitment to make
Installment Payments or any other payments beyond its current fiscal year, the Governing Body
of the County in authorizing the execution of this Agreement has stated its intent to make annual
appropriations sufficient to make the Installment Payments and Additional Payments and has
recommended that future governing bodies continue to do so during the Term of this Agreement.
(b) The Manager shall include in the initial proposal for each of the County's annual
budgets the amount of all Installment Payments and Additional Payments coming due during the
fiscal year to which such budget is applicable. Notwithstanding that the Manager includes an
appropriation for Installment Payments and Additional Payments in a proposed budget, the
County may terminate all its obligations hereunder by not appropriating sufficient funds to make
the scheduled Installment Payments and Additional Payments. In the event the Governing Body
determines not to appropriate in its budget an amount sufficient to pay all Installment Payments
and reasonably estimated Additional Payments coming due in the applicable fiscal year, the
Governing Body shall adopt a resolution specifically deleting such appropriation from the
proposed budget for that fiscal year. Such resolution shall state the reasons for such deletion,
shall be adopted by a vote identifying those voting for and against and abstaining from the
resolution, and shall be recorded in the minutes of the Governing Body. A copy of such
resolution shall be promptly sent to the Lender. Such failure to appropriate shall constitute an
Event of Default.
(c) If the amount equal to the Installment Payments which will be due during the next
fiscal year has not been appropriated by the County in its budget, the Manager shall deliver to
the Lender, within ten (10) days after the adoption of the County's budget for such fiscal year,
but not later than fifteen (15) days after the start of such fiscal year, a certificate from the
Finance Officer of the County stating that the County did not make such appropriation.
Section 4.6. Insurance. Subject to Section 4.5 and Section 4.14 hereof, the County
shall continuously maintain, or cause to be maintained, the following insurance on the
Mortgaged Property: (a) public liability insurance against liability for bodily injury, including
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death resulting therefrom, and for damage to property, including loss of use thereof, arising out
of the use or ownership of the Mortgaged Property, with a minimum liability limit of $1,000,000,
(b) workers' compensation insurance with respect to County employees at the Mortgaged
Property, and (c) fire and other casualty insurance and extended coverage against loss or damage
to the Project in the amount of the full replacement cost of the Mortgaged Property. The liability
and casualty policies shall have deductible clauses not exceeding $200,000, shall name the
Lender as an additional insured as its interests may appear, shall be provided by a commercial
insurer satisfactory to the Lender, and must explicitly waive any co- insurance penalty. Except as
provided in Section 5.1(c), the County shall pay over to the Lender (and hereby irrevocably
assigns, transfers and sets over to the Lender) all right, title and interest of the County in and to
any Net Proceeds payable as to any damage or destruction to the Mortgaged Property during the
Term to be held by the Lender until applied in accordance with Section 5.1(b) or Section 5.2(b),
as the case may be.
All such policies shall be deposited with the Lender, provided that in lieu of such policies
there may be deposited with the Lender a certificate or certificates of the respective insurers
attesting the fact that the insurance required by this Section is in full force and effect. Prior to
the expiration of any such policy, the County shall furnish the Lender evidence satisfactory to the
Lender that the policy has been renewed or replaced or is no longer required by this Agreement.
Unless a policy with such an undertaking is available only at a cost which the County, with the
approval of the Lender, determines to be unreasonable, each policy shall contain an undertaking
by the insurer that such policy shall not be modified adversely to the interests of the Lender or
canceled without at least 30 days' prior notice to the Lender.
In lieu of policies of insurance written by commercial insurance companies meeting the
requirements of this Section, the County may maintain a program of self - insurance or participate
in group risk financing programs, risk pools, risk retention groups, purchasing groups and
captive insurance companies, and in state or federal insurance programs.
The County acknowledges its responsibility for the payment of all deductible amounts in
respect of the insurance required by the provisions of this Section and covenants to maintain at
all times a sufficient amount of available funds for such purpose.
The Lender shall not be responsible for the sufficiency or adequacy of any insurance
herein required and shall be fully protected in accepting payment on account of such insurance or
any adjustment, compromise or settlement of any loss.
The Lender shall cooperate fully with the County at the County's expense in filing any
proof of loss with respect to any insurance policy maintained pursuant to this Section and in the
prosecution or defense of any prospective or pending condemnation proceeding with respect to
the Site or any portion thereof.
To the extent losses for any damage to the Mortgaged Property, however caused, are paid
from the Net Proceeds of any insurance required by this Section, no claim shall be made and no
suit shall be brought against the County by the Lender or the Trustee or anyone else claiming by,
through or under either of them for the recovery of such Net Proceeds.
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Section 4.7. Expenses; Taxes Subject to Section 4.5 and Section 4.14 hereof, the
County shall pay as Additional Payments directly to the party so owed:
(a) all of the expenses of maintenance of the Project, including, but not limited to all
charges for gas, water, steam, electricity, light, heat or power, telephone or other utility service
furnished to or used on or in connection with the Project; and
(b) any and all taxes and assessments payable with respect to the Project, including,
but not limited to, all license or registration fees, gross receipts tax, sales and use tax, if
applicable, license fees, documentary stamp taxes, rental taxes, assessments, charges, ad valorem
taxes, excise taxes, and all other taxes, licenses and charges imposed on the ownership,
possession or use of the Project, together with any interest and penalties, other than taxes on or
measured by the net income of the Lender. There will be no abatement of Installment Payments
on account of interruption of any utility services.
Section 4.8. Proof of Payment of Taxes, Other Charges The County shall furnish the
Lender, upon request of the Lender, proof of payment of any taxes, utility charges, insurance
premiums, or other charges or payments required to be paid by the County under this Agreement.
Section 4.9. No Encumbrances Except as permitted by the Deed of Trust, the County
shall not directly or indirectly create, incur, assume or suffer to exist any mortgage, pledge, lien,
charge, encumbrance or claim on or with respect to the Mortgaged Property, or the rights of the
County and the Lender therein, except with the prior written consent of the Lender, such consent
not to be unreasonably withheld. Subject to Section 4.5 and Section 4.14 hereof, the County at
its own expense shall promptly and duly discharge any such mortgage, pledge, lien, charge,
encumbrance or claim not excepted above if the same shall arise at any time.
Section 4.10. Performance by the Lender of the County's Responsibilities Any
performance required of the County or any payments required to be made by the County may, if
not timely performed or paid, be performed or paid by the Lender, and, in that event, the Lender
shall be immediately reimbursed by the County for these payments or other performance by the
Lender, with interest thereon at the annual rate of 8 %.
Section 4.11. Financial Statements The County shall furnish the Lender and its
representatives and agents, (a) copies of the County's annual audited financial statements, as
soon as practicable after the County's acceptance thereof, but in any event within 270 days of the
end of its fiscal year, and (b) at such reasonable times as the Lender shall request, current
financial statements (including, without limitation, the County's annual budget as submitted),
and shall permit the Lender to inspect the County's books and records and make extracts
therefrom at its own expense during regular business hours and in a manner which will not
disrupt the County's normal business routine. The County shall furnish to the Lender such other
documents relating to the financial condition of the County, as the Bank shall reasonably request.
Section 4.12. Maintenance, Care and Use Subject to Section 4.5, Section 5. 1, Section
5.2 and Section 4.14 hereof, the County shall not abandon the Mortgaged Property during the
Term. The County shall use the Mortgaged Property in a careful and proper manner, in
compliance with all applicable laws and regulations, and shall take no action to adversely affect
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the Mortgaged Property, and shall take all reasonable action to preserve the Mortgaged Property
in good condition, repair, appearance and working order for the purposes intended, ordinary wear
and tear expected, including, without limitation, at its sole cost and expense, to service, repair
and maintain the Mortgaged Property, and to replace any part of the Mortgaged Property as may
from time to time become worn out, lost, stolen, destroyed or damaged or unfit for use. Any and
all additions to or replacements of the Mortgaged Property and all parts thereof shall constitute
accessions to the Mortgaged Property and shall be subject to all the terms and conditions of this
Agreement.
Section 4.13. Inspection The Lender shall have the right, upon reasonable prior notice
to the County, to inspect the Mortgaged Property or any part thereof.
Section 4.14. Limited Obligation of the County NO PROVISION OF THIS
AGREEMENT SHALL BE CONSTRUED OR INTERPRETED AS CREATING A PLEDGE
OF THE FAITH AND CREDIT OF THE COUNTY WITHIN THE MEANING OF ANY
CONSTITUTIONAL DEBT LIMITATION. NO PROVISION OF THIS AGREEMENT
SHALL BE CONSTRUED OR INTERPRETED AS CREATING A DELEGATION OF
GOVERNMENTAL POWERS NOR AS A DONATION BY OR A LENDING OF THE
CREDIT OF THE COUNTY WITHIN THE MEANING OF THE CONSTITUTION OF THE
STATE OF NORTH CAROLINA. THIS AGREEMENT SHALL NOT DIRECTLY OR
INDIRECTLY OR CONTINGENTLY OBLIGATE THE COUNTY TO MAKE ANY
PAYMENTS BEYOND THOSE APPROPRIATED IN THE SOLE DISCRETION OF THE
COUNTY FOR ANY FISCAL YEAR IN WHICH THIS AGREEMENT IS IN EFFECT;
PROVIDED, HOWEVER, ANY FAILURE OR REFUSAL BY THE COUNTY TO
APPROPRIATE FUNDS, WHICH RESULTS IN THE FAILURE BY THE COUNTY TO
MAKE ANY PAYMENT COMING DUE HEREUNDER WILL IN NO WAY OBVIATE THE
OCCURRENCE OF THE EVENT OF DEFAULT RESULTING FROM SUCH
NONPAYMENT. NO DEFICIENCY JUDGMENT MAY BE RENDERED AGAINST THE
COUNTY IN ANY ACTION FOR BREACH OF A CONTRACTUAL OBLIGATION UNDER
THIS AGREEMENT, AND THE TAXING POWER OF THE COUNTY IS NOT AND MAY
NOT BE PLEDGED DIRECTLY OR INDIRECTLY OR CONTINGENTLY TO SECURE
ANY MONEYS DUE UNDER THIS AGREEMENT. No provision of this Agreement shall be
construed to pledge or to create a lien on any class or source of the County's moneys, nor shall
any provision of this Agreement restrict the future issuance of any of the County's bonds or
obligations payable from any class or source of the County's moneys. To the extent of any
conflict between this Section and any other provision of this Agreement, this Section shall take
priority.
ARTICLE V
DAMAGE, DESTRUCTION OR CONDEMNATION
Section 5.1. Damatye or Destruction
(a) The County shall notify the Lender immediately in the event (i) of any damage to
or destruction from fire or other casualty of any portion of the Mortgaged Property or (ii) that
title to or use of all or any portion of the Mortgaged Property shall be lost by reason of a defect
in title thereto or (iii) that a material defect in the construction of the Mortgaged Property
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becomes apparent, if the County determines in good faith that such damage, destruction or loss
will cost more than $50,000 to repair, replace and restore.
(b) If any portion of the Mortgaged Property is damaged or destroyed or title is
defective as provided herein, to an extent that the County determines in good faith that the cost
of repairing, replacing and restoring such damage, destruction or title defection will exceed
$50,000, then the County shall deposit the Net Proceeds with the Lender, and shall, within 90
days after the date such damage or destruction occurs, elect one of the following two options by
giving notice of such election to the Lender, and the Lender shall disburse such Net Proceeds in
accordance with the option so elected:
(i) Option A — Repair and Restoration The County may elect to repair,
reconstruct and restore that portion of the Mortgaged Property so lost, damaged or
destroyed. If the County elects this Option A, then the County shall proceed forthwith to
repair, reconstruct and restore the applicable portion of the Mortgaged Property to
substantially the same condition as had existed prior to the event causing such damage or
destruction, with such alterations and additions as the County may determine to be
necessary or desirable and as will not impair the capacity or character of the applicable
portion of the Mortgaged Property for the purposes for which it had been used prior to
such damage or destruction or is intended to be used. So long as no Event of Default has
occurred and is continuing under this Agreement, the Lender, upon receipt of a request
made by the County, shall apply so much as may be necessary of such Net Proceeds to
payment of the cost of such repair, reconstruction and restoration, either on completion
thereof or as the work progresses. Any such request may provide for Net Proceeds to be
paid directly to third -party vendors or to be paid to the County for reimbursement of costs
incurred in such repair, replacement or restoration. If such Net Proceeds are not
sufficient to pay in full the cost of such repair, replacement and restoration, the County
shall, subject to Section 4.5, pay so much of the cost thereof as may be in excess of such
Net Proceeds. The County shall not by reason of the payment of such excess cost be
entitled to any (A) reimbursement from the Lender, or (13) abatement or diminution of the
Installment Payments.
(ii) Option B — Prepayment of Installment Payments The County may elect
to have the Net Proceeds of insurance payable as a result of such loss, damage or
destruction, together with other monies provided by the County, applied to the
prepayment of Installment Payments in accordance with Section 4.4. Notwithstanding
anything to the contrary, in the event that the County elects to make partial prepayment
under this Option B, the County shall first provide to the Lender a certificate signed by
the Manager to the effect that (i) the Mortgaged Property has been restored to its
condition prior to the damage, or (ii) such damage will not impair the County's use of the
Mortgaged Property for its intended purposes.
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(c) If the County determines in good faith that such cost will not exceed $50,000, the
County shall (1) retain the Net Proceeds with respect to such damage or destruction, (2)
forthwith repair, reconstruct and restore the Mortgaged Property so damaged or destroyed to
substantially the same condition as it had existed prior to the event causing such damage or
destruction, and (3) apply Net Proceeds retained by it to the payment or reimbursement of the
costs of such repair, replacement and restoration. If such Net Proceeds are not sufficient to pay
in full the cost of such repair, replacement and restoration, the County shall, subject to Section
4.5, pay so much thereof as is in excess of such Net Proceeds.
Section 5.2. Condemnation; Loss of Title
(a) In the case of a taking of all or any part of the Mortgaged Property or any right
therein under the exercise of the power of eminent domain or any loss of all or any part of the
Mortgaged Property because of loss of title thereto, or the commencement of any proceedings or
negotiations which might result in such a taking or loss, the party upon whom notice of such
taking is served or with whom such proceedings or negotiations are commenced or who learns of
a loss of title shall give prompt notice to the other. Each such notice shall describe generally the
nature and extent of such condemnation, taking, loss, proceedings or negotiations. All
obligations of the County under this Agreement (except obligations to make Installment
Payments when due) shall terminate as to the portion of the Mortgaged Property as to which
there is a loss of title or which is condemned or taken when such loss of title is finally
adjudicated or when title thereto vests in the party condemning or taking the same, as the case
may be (hereinafter referred to as the "Takings Date "). The County shall pay over to the Lender
(and hereby irrevocably assigns, transfers and sets over to the Lender) all right, title and interest
of the County in and to any Net Proceeds payable as to any such loss of title, condemnation or
taking during the Term, subject to the terms of Section 5.2(b).
(b) In the event of any such loss of title, condemnation or taking, the County shall
deliver the Net Proceeds from the condemnation proceeding to the Lender and, within 90 days
after the Takings Date for such proceeding, elect either or both of the following two options by
giving notice of such election to the Lender, and the Lender shall disburse the Net Proceeds in
accordance with the option so elected:
(i) Option A — Restoration The County may elect to have the Net Proceeds
received as a result of such loss of title, condemnation or taking used to restore the
applicable portion of the Mortgaged Property as to which there has been a loss of title,
condemnation or taking to substantially its condition prior to such loss of title,
condemnation or taking. So long as no Event of Default has occurred and is continuing
under this Agreement, the Lender, upon receipt of a request made by the County, shall
apply so much as may be necessary of such Net Proceeds to payment of the cost of such
restoration, either on completion thereof or as the work progresses. If such Net Proceeds
are not sufficient to pay in full the cost of such restoration, the County shall, subject to
Section 4.5, pay so much of the cost thereof as may be in excess of such Net Proceeds.
The County shall not, by reason of the payment of such excess cost, be entitled to any (A)
reimbursement from the Lender, or (13) abatement or diminution of the Installment
Payments.
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(ii) Option B — Prepayment of Installment Payments The County may elect
to have the Net Proceeds received as a result of such loss of title, condemnation or taking,
together with other monies provided by the County, applied to the prepayment of
Installment Payments in accordance with Section 4.4. Notwithstanding anything to the
contrary, in the event that the County elects to make partial prepayment under this Option
B. the County shall first provide to the Lender a certificate signed by the Manager to the
effect that such loss of title, condemnation or taking of a portion of the Mortgaged
Property will not impair the County's use of the remainder of the Mortgaged Property for
its intended purposes.
(c) The Lender shall, at the expense of the County, cooperate fully with the County in
the contest of any prospective or pending condemnation proceedings or in any contest over title
with respect to the Mortgaged Property or any part thereof and shall, to the extent it may lawfully
do so, permit the County to litigate, at the expense of the County, in any such proceeding in the
name and on behalf of the Lender. In no event shall the Lender voluntarily settle, or consent to
the settlement of, any prospective or pending condemnation proceedings, or proceedings as to
title, with respect to the Mortgaged Property or any part thereof without the consent of the
County.
ARTICLE VI
EVENTS OF DEFAULT AND REMEDIES
Section 6.1. Events of Default (a) Subject to the provisions of subsection (b), the
following shall be "Events of Default" under this Agreement, and the terms "Event of Default"
or "Default" shall mean, whenever they are used in this Agreement, any one or more of the
following events:
(i) failure of the County to pay when due any Installment Payment required to
be paid under Section 4.3, which failure shall continue for a period of 5 days after notice
is given; or
(ii) failure of the County to pay when due any payment due under this
Agreement, other than payments required under Section 4.3, or to observe and perform
any covenant, condition or agreement on its part to be observed or performed hereunder
or under the Deed of Trust, which failure shall continue for a period of 30 days after
notice is given, or in the case of any such default that cannot with due diligence be cured
within such 30-day period, failure of the County to proceed promptly to cure the same
and thereafter prosecute the curing of such default with due diligence; or
(iii) the County becomes insolvent or the subject of insolvency proceedings; or
is unable, or admits in writing its inability, to pay its debts as they mature; or makes a
general assignment for the benefit of creditors or to an agent authorized to liquidate any
substantial amount of its property; or files a petition or other pleading seeking
reorganization, composition, readjustment or liquidation of assets, or requesting similar
relief; or applies to a court for the appointment of a receiver for it or for the whole or any
part of its property; or has a receiver or liquidator appointed for it or for the whole or any
part of its property (with or without the consent of the County) and such receiver is not
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discharged within ninety (90) consecutive days after his appointment; or becomes the
subject of an "order for relief' within the meaning of the United States Bankruptcy Code;
or files an answer to a creditor's petition admitting the material allegations thereof for
liquidation, reorganization, readjustment or composition or to effect a plan or other
arrangement with creditors or fail to have such petition dismissed within sixty (60)
consecutive days after the same is filed against the County; or
(iv) the County adopts a budget for any fiscal year during the term of this
Agreement which does not include moneys sufficient to pay all Installment Payments and
the reasonably estimated Additional Payments coming due hereunder for that fiscal year;
or amends a previously adopted budget to defer the funds to make such payments.
(b) The provisions of the foregoing subparagraph (a)(ii) are subject to the limitation
that if by reason of force maj eure the County is unable in whole or in part to perform any of its
covenants, conditions or agreements hereunder other than in Section 2.2, Section 4.3, Section
4.6, Section 4.7, Section 4.9 and Section 4.11 hereof, the County shall not be deemed in default
during the continuance of such inability. The term "force maj eure" as used herein shall include
without limitation acts of God; strikes, lockouts or other industrial disturbances; acts of public
enemies; orders of any kind of the government of the United States of America or the State of
North Carolina or any political subdivision thereof or any of their departments, agencies or
officials, or any civil or military authority; insurrections; riots; epidemics; landslides; lightning;
earthquakes; fires; hurricanes; tornadoes; storms; floods; washouts; droughts; arrests; restraint of
government and people; civil disturbances; explosions; breakage or accident to machinery,
transmission pipes or canals; partial or entire failure of utilities; or any other cause or event not
reasonably within the control of the County. The County shall remedy with all reasonable
dispatch the cause or causes preventing the County from carrying out its covenants, conditions
and agreements, provided that the settlement of strikes, lockouts and other industrial disturbances
shall be entirely within the discretion of the County, and the County shall not be required to
make settlement of strikes, lockouts and other industrial disturbances by acceding to the demands
of any opposing party when such course is in the judgment of the County not in its best interests.
Section 6.2. Remedies To the extent permitted by law, whenever any event of default
shall have happened and is continuing, the Lender may take any one or more of the following
remedial steps, without further demand or notice: (a) declare the whole unpaid principal balance
of Installment Payments due and thereafter to become at once due and payable; (b) exercise its
rights as a secured party under the Uniform Commercial Code of the State, and as a beneficiary
under the Deed of Trust, including taking possession of any part or all of the Mortgaged Property
pursuant to the Deed of Trust, with or without terminating this Agreement, excluding the County
from possession, and selling or leasing the Mortgaged Property for the account of the County; or
(c) proceed by appropriate court action to enforce performance by the County of the applicable
covenants of this Agreement or to recover for the breach thereof; provided, however, that
nothing herein shall be deemed to allow any judgment for a deficiency or waive any provision of
N.C.G.S. Section 160A -20 or any defense the County may otherwise have. In any of such cases,
all rights acquired by the County hereunder shall revert to and revest in the Lender without any
act of re- entry, or any other act of the Lender having to be performed and without the County
having any right of return, reclamation or compensation for moneys paid under this Agreement
as absolutely, fully and perfectly as if this Agreement and such payments had never been made;
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and in case of such default all payments theretofore made on this Agreement are to be retained
by and belong to the Lender as the agreed and reasonable repayment of the financing for the
Project up to the time of such default. Any amounts received by the Lender pursuant to the
foregoing provisions shall be applied first to the payment of costs incurred by the Lender or
Trustee in taking any remedial steps pursuant to this Section, then to any unpaid interest and then
to repayment of principal, and upon payment in full of all amounts due, any excess shall be paid
to the County.
Section 6.3. No Deficiency Judtyment Notwithstanding any other provisions herein, it
is the intent of the parties hereto to comply with North Carolina General Statutes Section 160A-
20. No deficiency judgment requiring the payment of money may be entered against the County
in favor of the Lender or any other person in violation of Section 160A -20 including, without
limitation, any deficiency judgment for amounts that may be owed hereunder when the sale of all
or any portion of the Project is insufficient to produce enough moneys to pay in full all
remaining obligations hereunder.
Section 6.4. Reinstatement after Event of Default Notwithstanding the exercise by the
Lender of any remedy granted by Section 6.2, unless the Lender shall have sold the Project or
shall have entered into an agreement providing for the leasing of the Project for a period of at
least one year, if any remedies shall have been taken pursuant to Section 6.2 and all overdue
Installment Payments, together with any interest accruing thereon, and all other sums then due
and payable under this Agreement shall have been paid, then the County's default under this
Agreement shall be waived without further action by the Lender. Upon such payment and
waiver, this Agreement and the Deed of Trust shall be fully reinstated, and the County shall be
restored to the use, occupancy and possession of the Project not later than 30 days after the date
of reinstatement of this Agreement.
Section 6.5. No Remedy Exclusive No remedy conferred by this Agreement upon or
reserved to the Lender is intended to be exclusive of any other available remedy or remedies, but
every such remedy shall be cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity or by statute. No delay or omission to
exercise any right or power accruing upon any default shall impair any such right or power or
shall be construed to be a waiver thereof or acquiescence therein, but any such right and power
may be exercised from time to time and as often as may be deemed expedient.
Section 6.6. No Additional Waiver Implied by One Waiver Failure by the Lender at
any time to require performance by the County of any provision hereof shall in no way affect the
Lender's right hereunder to enforce the same, nor shall any waiver by the Lender of any breach
of any provision hereof be held to be a waiver of any succeeding breach of any such provision,
or a waiver of the provision itself.
Section 6.7. Attorneys' Fees and Other Expenses To the extent permitted by law, the
County shall on demand pay to the Lender the reasonable fees of attorneys and other reasonable
expenses incurred by the Lender in the collection of appropriated, but unpaid, Installment
Payments, or the enforcement of any other obligation of the County, or its agents, upon an Event
of Default, including any Additional Payments made by the Lender; provided, however, nothing
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herein shall be deemed a waiver of any provision of this Agreement prohibiting the recovery of
any deficiency judgment.
ARTICLE VII
ASSIGNMENT
Section 7.1. Assignment by the Lender
(a) The Lender may, at any time and from time to time, assign all or any part of its
interest in the Project or this Agreement, including, without limitation, Lender's rights to receive
Installment Payments payable to Lender hereunder or thereunder, in accordance with this Section
7.1. Any assignment made by the Lender or any subsequent assignee shall not purport to convey
any greater interest or rights than those held by the Lender pursuant to this Agreement. The
Lender or its assignees may assign or reassign all or any part of this Agreement, including the
assignment or reassignment of any partial interest through the use of certificates evidencing
participation interests in this Agreement, or making this Agreement part of a pool of obligations
without the consent of the LGC, so long as such assignment or reassignment is to (i) a bank,
insurance company or similar institution or any other entity approved by the LGC; or (ii) a
trustee for the purpose of issuing certificates of participation or other forms of certificates
evidencing an undivided interest in the Agreement, provided such certificates are sold only to a
bank, insurance company or similar financial institution or other entity approved by the LGC.
Notwithstanding the foregoing, unless to an affiliate controlling, controlled by or under common
control with Lender, no assignment or reassignment of the Lender's interest in the Agreement
shall be effective unless and until the County shall receive notice of such assignment or
reassignment disclosing the name and address of each such assignee.
(b) The County further agrees that the Lender's interest in this Agreement may be
assigned in whole or in part (subject to the limitations on assignment contained in Section 7.1(a))
upon terms which provide in effect that the assignor or assignee will act as a collection and
paying agent for any holders of certificates of participation in this Agreement, provided the
County receives notice of such assignment and such collection and paying agent covenants and
agrees to maintain for the full remaining term of this Agreement a written record of each
assignment and reassignment of such certificates of participation.
(c) The County agrees to execute any document reasonably required in connection
with any assignment. Any assignor must provide notice of any assignment to the County and the
LGC, and the County shall keep a complete and accurate record of all assignments as required by
the Code. After the giving of any such notice, the County shall thereafter make all payments in
accordance with the notice to the assignee named therein and shall, if so requested, acknowledge
such assignment in writing, but such acknowledgment shall in no way be deemed necessary to
make the assignment effective.
(d) The Lender represents and warrants that it is familiar with federal and North
Carolina legislation, rules and regulations as to limitations upon the public distribution of
securities that have not been registered under the Securities Act of 1933, as amended, and that it
is making the Advance for its own account and has no present intention of making any sale or
other distribution of this Agreement in violation of such legislation, rules or regulations. The
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Lender represents that it is familiar with the operations and financial condition of the County,
based upon information furnished to the Lender by the County, and has made such inquiries as it
deems appropriate in connection with the Advance.
Section 7.2. Assignment by the County Except pursuant to the Deed of Trust, the
County shall not sell, assign, lease, sublease, pledge or otherwise encumber or suffer a lien or
encumbrance upon or against its interests in the Mortgaged Property or in this Agreement,
without securing the prior written consent of the Lender. Except for normal repairs,
maintenance, and replacements, the County shall not remove any portion of the Mortgaged
Property from its place of installation without securing the Lender's prior written permission.
The Lender shall not unreasonably withhold such permission in either case.
ARTICLE VIII
MISCELLANEOUS
Section 8.1. Notices Unless otherwise provided herein, all demands, notices,
approvals, consents, requests, opinions and other communications hereunder shall be in writing
and shall be deemed to have been given when delivered in person or mailed by first class
registered or certified mail, postage prepaid, addressed as follows:
(a) if to the County: New Hanover County
230 Government Center Drive, Suite 165
Wilmington, North Carolina 28403
Attention: Finance Officer
(b) if to the Lender: Bank of America, N.A.
101 South Tryon Street
NCI-002-03-10
Charlotte, North Carolina 28255
Attention: R. Brooks Scurry, III
The Lender and the County may, by notice given hereunder, designate any further or
different addresses to which subsequent demands, notices, approvals, consents, requests,
opinions or other communications shall be sent or persons to whose attention the same shall be
directed.
Section 8.2. Severability The provisions of this Agreement are intended to be
severable. If any provision of this Agreement shall be held invalid by any court of competent
jurisdiction, such holding shall not invalidate any other provision hereof.
Section 8.3. Successors and Assigns This Agreement shall be binding upon, inure to
the benefit of and be enforceable by the parties and their respective successors and assigns.
Section 8.4. Applicable Law This Agreement shall be governed by the laws of the
State of North Carolina.
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Section 8.5. Indemnification Without waiving any defense available to it and only to
the extent permitted by North Carolina law, the County shall hold the Lender and the LGC, and
their respective officers, employees, directors, members and agents, harmless from all liabilities,
obligations, losses, claims, damages, actions, suits, proceedings, costs, and expenses, including
attorneys' fees, that (a) arise in tort, in contract, under 42 U.S. Code § 1983 or under the North
Carolina public bidding laws relating to the Project, or (b) arise out of, are connected with, or
result directly or indirectly from the Project or any portion thereof, including without limitation
the manufacture, selection, acquisition, delivery, possession, construction, improvement,
environmental or other condition, lease, use, operation, of the Project or any portion thereof.
Notwithstanding anything to the contrary herein contained, the County shall have no
indemnification responsibilities with respect to the Lender's income tax obligations, if any or
with respect to any intentional acts or gross negligence of Lender while exercising control over
the Project pursuant to the remedies of the Lender in this Agreement or the Deed of Trust. The
indemnification responsibilities created by this Section shall continue in effect notwithstanding
the termination of other portions of this Agreement, shall survive and be enforceable after the
termination of this Agreement, and shall be terminated only by written agreement of the Lender,
the LGC and the County; provided, however, that nothing contained herein shall be deemed a
waiver of the provisions of Section 6.3 hereof.
Section 8.6. Counterparts This Agreement may be executed in any number of
counterparts, each of which shall be an original, together shall constitute but one and the same
Agreement.
Section 8.7. Entire Agreement The Basic Agreements express the entire
understanding and all agreements between the parties and may not be modified except in writing
signed by the parties.
Section 8.8. Consent Whenever the Lender's consent is required under this
Agreement, it shall not be unreasonably withheld or delayed.
(Remainder of Page Intentionally Left Blank)
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IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as
a document as of the date first above written.
LENDER:
[SEAL]
BANK OF AMERICA, N.A.
C
R. Brooks Scurry, III, Vice President
COUNTY:
NEW HANOVER COUNTY, NORTH
CAROLINA
CDR
Attest:
Clerk
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Local Government Commission
Signature page for Installment Financing Agreement in the
amount of $4,925,744 by and between Bank of America, N.A. and
the New Hanover County, North Carolina dated November , 2010
This Agreement has been approved by the Local Government Commission under the provisions
of Article 8, Chapter 159 of the General Statutes of North Carolina.
C
T. Vance Holloman, Secretary
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Exhibit A
Description of Pro' ect
The renovation of the following schools: [list of schools to be provided]
A -1
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Exhibit B
INSTALLMENT PAYMENT SCHEDULE
REFUNDABLE QUALIFIED SCHOOL CONSTRUCTION BOND
County: New Hanover County, North Carolina
Advance: $4,925,744
Interest Rate: % per annum
Repayment Terms: Payable as set forth on Exhibit B attached hereto.
Qualified Tax Credit Bond Rate shown on https: / /www. treasurydirect. gov for November
2010 is %, with a maximum term of years.
A -2
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A -3
37548.000369 EMF US 32802428v1 Board of Commissioners Meeting
10/18/2010
12 -2 -33
Prepared by and Return to:
Mary Nash K. Rusher
Hunton & Williams LLP
Post Office Box 109
Raleigh, North Carolina 27602
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
DEED OF TRUST AND SECURITY AGREEMENT
FUTURE ADVANCES
THIS DEED OF TRUST CONSTITUTES A FIXTURE FILING
This DEED OF TRUST AND SECURITY AGREEMENT dated as of the day of November, 2010
(the "Deed of Trust "), from NEW HANOVER COUNTY, NORTH CAROLINA, a body politic and corporate
and a political subdivision existing under the Constitution and laws of the State of North Carolina (the
"Grantor ") to PRLAP, Inc., as trustee (the "Deed of Trust Trustee "), for the benefit of BANK OF AMERICA,
N.A., a national banking association duly organized and existing under the laws of the United States of
America, and its successors and assigns (the "Beneficiary "),
WITNESSETH
WHEREAS, in accordance with the provisions of N.C. Gen. Stat. Section 160A -20, the Beneficiary has
agreed pursuant to an Installment Financing Agreement by and between the Beneficiary and the Grantor, dated
of even date herewith (the "Agreement "), to lend to or for the benefit of the Grantor up to the principal sum of
$4,925,744 at an interest rate of % with a fifteen year repayment period (the "Advance ") and;
WHEREAS, the Grantor has agreed to repay the Advance in installments, including interest thereon, due
at the times and in the amounts set forth in Exhibit B to the Agreement (the "Installment Payments ") and to pay
certain additional payments as more fully provided therein;
WHEREAS, the Grantor is thereby, or shall hereafter become, indebted to the Beneficiary in an amount
equal to the sum of all outstanding advances made under the Agreement, as provided therein together with and
payable with interest as, and at the rate or rates, specified in the Agreement;
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WHEREAS, the Grantor desires to secure the payment of the obligations under the Agreement with
interest and any extensions, renewals, modifications or amendments thereof, or substitutions or replacements
therefore, in whole or in part, the payment of all other sums, with interest thereon, advanced in accordance with
the Agreement, or herewith, to protect the security of this Deed of Trust, or advanced to protect the rights of the
Beneficiary hereunder or under the Agreement, and to secure the performance of the covenants and agreements
of the Grantor contained herein, by a conveyance of the lands and a grant of the security interests hereinafter
described;
WHEREAS, all obligations of the Grantor hereunder are expressly made subject to the limitation of
liability set forth in Section 16 of this Deed of Trust and Section 4.5 of the Agreement.
WHEREAS, the Grantor desires to secure (a) the payment of the Installment Payments due under the
Agreement, (b) the payment by the Grantor of all additional payments required to be paid by the Grantor under
the Agreement and the performance by the Grantor of all of its other obligations under the Agreement; (d) the
payment of any and all other indebtedness which this Deed of Trust by its terms secures; and (e) the
performance by the Grantor of the covenants and agreements contained in this Deed of Trust;
NOW, THEREFORE, the Grantor, subject to Permitted Encumbrances (as defined in the Agreement), as
security for repayments and other payments to be made under the Agreement and for the performance by the
Grantor of all of its obligations under the Agreement and this Deed of Trust, and in further consideration of the
sum of $1.00 paid to the Grantor by the Deed of Trust Trustee, receipt and sufficiency of which are hereby
acknowledged, has given, granted, bargained and sold, and by these presents does give, grant, bargain, sell and
convey unto the Deed of Trust Trustee, its successors and assigns, in trust, with power of sale, the real property
lying and being in the County of Avery in the State of North Carolina, constituting so much thereof as
constitutes real property or fixtures, and more particularly described as follows:
SEE SCHEDULE I ATTACHED HERETO AND
BY THIS REFERENCE INCORPORATED HEREIN
TOGETHER with any real property or fixtures that may be hereafter added to the lien created by this
Deed of Trust by an amendment or modification hereof; TOGETHER with all buildings, improvements and
fixtures of every kind and description now or hereafter erected or located thereon, all rights, appurtenances,
easements, privileges, remainders and reversions appertaining thereto and all materials intended for
construction, reconstruction, alteration and repair of such buildings and improvements now or hereafter erected
thereon, all of which materials shall be deemed to be included within the premises hereby conveyed
immediately upon the delivery thereof to the aforesaid real property, and all apparatus, equipment, fixtures and
articles of personal property now or hereafter attached thereto as fixtures, and replacements thereof, including,
but not limited to, all heating, refrigerating, air conditioning, gas, plumbing, telephone and electric apparatus
and equipment, all boilers, engines, motors, power equipment, piping and plumbing fixtures, pumps, tanks,
lighting equipment and systems, fire prevention and sprinkling equipment and systems, and other things now or
hereafter thereon or therein, including all interests of any owner thereof in any of such items, and all renewals
or replacements thereof or articles in substitution thereof; TOGETHER with all rents, issues, profits and
revenues of the aforesaid real property, fixtures and other property and all of the right, title and interest of the
Grantor in and to any and all leases and contracts now or hereafter affecting the real property, fixtures and other
property covered hereby or any part thereof; TOGETHER with all proceeds of any of the foregoing real
property, fixtures and other property including, without limitation, proceeds of the conversion, voluntary or
involuntary, of any of the foregoing into cash or liquidated claims, including, without limitation, all awards and
other payments as a result of or in lieu or in anticipation of the exercise of the right of condemnation or eminent
domain by any governmental authority ( "Eminent Domain "), all insurance proceeds and claims therefor as a
result of damage to or destruction of all or any part of any of the foregoing, and all proceeds of title insurance
with respect to all or any part of any of the foregoing (the real property, fixtures, other property and proceeds
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granted to the Deed of Trust Trustee pursuant to the foregoing provisions hereof being collectively referred to
as the "Mortgaged Property ");
TO HAVE AND TO HOLD the Mortgaged Property, with all the rights, privileges and appurtenances
thereunto belonging or appertaining to the Deed of Trust Trustee, its heirs, successors and assigns, in fee simple
forever, upon the trusts and for the uses and purposes herein set forth;
AND THE GRANTOR COVENANTS to and with the Deed of Trust Trustee and the Beneficiary that
the Grantor is seized of the Mortgaged Property in fee simple, that the Grantor has the right to convey the
Mortgaged Property in fee simple, that the Mortgaged Property is free and clear from all encumbrances and
restrictions other than the such encumbrances specifically mentioned in Schedule II attached hereto and made a
part hereof, and that the Grantor does hereby forever warrant and will forever defend the title to the Mortgaged
Property (except for those matters set forth in Schedule II) against the claims of all persons whatsoever;
provided, however, that
THIS CONVEYANCE IS MADE UPON THIS SPECIAL TRUST, that if the Grantor shall make all of
the payments required under the Agreement secured hereby in accordance with its terms, together with all
interest thereon and all taxes, charges, assessments and any premiums for insurance hereby secured, and,
further, shall comply with all the covenants, terms and conditions of this Deed of Trust and the Agreement, and
any amendments and supplements thereto, then this conveyance shall be null and void and may be canceled of
record at the request and at the cost of the Grantor.
THE GRANTOR FURTHER COVENANTS, REPRESENTS AND AGREES AS FOLLOWS:
Section 1. Amount Secured; Maintenance and Modification of Morttyatyed Property by Grantor.
This Deed of Trust secures the payment of all amounts owing by the Grantor under the Agreement. The Deed
of Trust Trustee shall not be under any obligation to operate, maintain or repair the Mortgaged Property. The
Grantor agrees that it will at its own expense (a) keep the Mortgaged Property in as reasonably safe condition as
its operations shall permit, (b) keep the Mortgaged Property in good repair and in good operating condition,
(c) comply with all applicable governmental requirements imposed upon the Mortgaged Property or in
connection with its use, and (d) make from time to time all necessary repairs thereto.
The Grantor may, also at its own expense, make from time to time any additions, modifications or
improvements to the real property covered hereby that it may deem desirable for its governmental or proprietary
purposes and that do not materially impair the effective use, nor materially decrease the value, of the Mortgaged
Property. All such additions, modifications and improvements so made by the Grantor within the boundaries of
the Mortgaged Property shall become a part of the Mortgaged Property. The Grantor will do, or cause to be
done, all such things as may be required by law in order fully to protect the security and all rights of the
Beneficiary under this Deed of Trust. The Grantor shall not cause or permit the lien of this Deed of Trust to be
impaired in any way.
The obligations under the Agreement secured by this Deed of Trust include present and future
obligations of Grantor to Beneficiary, and this Deed of Trust is executed to secure all such obligations. The
period in which future obligations may be incurred and secured by this Deed of Trust is the period between the
date hereof and that date which is fifteen (15) years from the date hereof. The amount of the present obligations
secured hereby is $4,925,744 and the maximum principal amount, including present and future obligations,
which may be secured hereby at any one time is $8,000,000 plus interest, costs and advances made by the
Beneficiary to protect or preserve the Mortgaged Property or the lien of this Deed of Trust, or for taxes,
assessments or insurance premiums as herein provided. Each future advance need not be evidenced by a written
instrument or notation signed by Grantor stipulating that such advance is secured by this Deed of Trust. All
future obligations shall be considered to be made pursuant to the requirements of North Carolina General
Statutes Section 45 -67, et seq., or any amendments thereto.
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Section 2. Grant and Release of Easements and Mortgaged Property
If no Event of Default under this Deed of Trust shall have occurred and shall continue to exist, the
Grantor may at any time or times grant easements, licenses, rights of way and other rights or privileges in the
nature of easements with respect to any part of the Mortgaged Property, and the Grantor may release existing
interests, easements, licenses, rights of way and other rights or privileges with or without consideration, and the
Beneficiary agrees that it shall execute and deliver and will cause, request or direct, the Deed of Trust Trustee to
execute and deliver any instrument necessary or appropriate to grant or release any such interest, easement,
license, right of way or other right or privilege but only upon receipt of (i) a copy of the instrument of grant or
release, (ii) a written application signed by the Grantor requesting such instrument and (iii) a certificate
executed by the Grantor and reasonably acceptable to the Beneficiary that the grant or release (A) is not
detrimental to the proper conduct of the operations of the Grantor at the Mortgaged Property and (B) will not
impair the effective use of or interfere with the operations of the Grantor at the Mortgaged Property and will not
impair the value of the security under this Deed of Trust in contravention of the provisions hereof.
Section 3. Remedies of the Deed of Trust Trustee Upon Default.
(a) If any of the following events shall occur:
(i) failure by the Grantor to pay any Installment Payment as and when due under the
Agreement or any other sum due under this Deed of Trust or the Agreement or to comply with any of
the other terms, covenants or conditions of the Agreement secured hereby and the expiration of any
applicable grace or notice periods provided thereby;
(ii) failure by the Grantor to observe and perform any warranty, covenant, condition or
agreement on the part of the Grantor under this Deed of Trust other than Section 6 hereof for a period of
thirty (30) days after written notice specifying such failure and requesting that it be remedied is given to
the Grantor by the Beneficiary unless the Beneficiary shall agree in writing to an extension of such time
prior to its expiration; provided, however, that if the failure stated in the notice cannot be reasonably
corrected within the applicable period, and if corrective action is instituted by the Grantor within the
applicable period and diligently pursued, the Grantor shall have an additional period following such
written notice to correct the failure; or
(iii) any lien, charge or encumbrance prior to or affecting the validity of this Deed of Trust is
found to exist, other than Permitted Encumbrances, or proceedings are instituted to enforce any lien,
charge or encumbrance against any of said Mortgaged Property and such lien, charge or encumbrance
would be prior to the lien of this Deed of Trust;
then and in any of such events (hereinafter referred to as an "Event of Default "), all payments under the
Agreement shall, at the option of the Beneficiary, become at once due and payable, regardless of the maturity
date or other due date thereof.
(b) Upon the occurrence of an Event of Default:
(i) To the extent permitted by law, the Deed of Trust Trustee shall have the right to enter
upon the Mortgaged Property to such extent and as often as the Deed of Trust Trustee, in his sole
discretion, deems necessary or desirable in order to cure any default by the Grantor. The Deed of Trust
Trustee may take possession of all or any part of the Mortgaged Property and may hold, operate and
manage the same, and from time to time make all needful repairs and improvements as shall be deemed
expedient by the Deed of Trust Trustee; and the Deed of Trust Trustee may lease any part of the
Mortgaged Property in the name of and for the account of the Grantor, and collect, receive and sequester
the rent, revenues, receipts, earnings, income, products and profits therefrom, and out of the same and
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from any moneys received from any receiver of any part thereof pay, and set up proper reserves for the
payment of, all proper costs and expenses of so taking, holding and managing the same, including
reasonable compensation to the Deed of Trust Trustee, his agents and counsel, and any taxes and
assessments and other charges prior to the lien of this Deed of Trust which the Deed of Trust Trustee
may deem it proper to pay, and all expenses of such repairs and improvements, and apply the remainder
of the moneys so received in accordance with the provisions hereof.
(ii) To the extent permitted by law, the Deed of Trust Trustee shall have the right after an
Event of Default to the appointment of a receiver to collect the rents and profits from the Mortgaged
Property without consideration of the value of the premises or the solvency of any person liable for the
payment of the amounts then owing, and all amounts collected by the receiver shall, after expenses of
the receivership, be applied to the payment of the obligations hereby secured, and the Deed of Trust
Trustee, at his option, in lieu of an appointment of a receiver, shall have the right to do the same. If such
receiver should be appointed or if there should be a sale of the said premises, as provided below, the
Grantor, or any person in possession of the premises thereunder, as tenant or otherwise, shall become a
tenant at will of the receiver or of the purchaser and may be removed by a writ of ejectment, summary
ejectment or other lawful remedy.
(iii) The Deed of Trust Trustee shall have the right to assign to any other person, for lawful
consideration, any rents, revenues, earnings, income, products and profits receivable under this Deed of
Trust, provided that the proceeds of any such assignment shall be applied as provided in this Deed of
Trust.
(iv) The Deed of Trust Trustee is hereby authorized and empowered to expose to sale and to
sell the Mortgaged Property or such part or parts thereof or interests therein as the Deed of Trust Trustee
deems prudent at public auction for cash, and upon collection of the proceeds from such sale to make
and deliver a deed therefor, after first having complied with all applicable requirements of North
Carolina law with respect to the exercise of powers of sale contained in deeds of trust. The Grantor
agrees that in the event of a sale hereunder, the Beneficiary shall have the right to bid at it and to become
the purchaser. The Deed of Trust Trustee may require the successful bidder at any sale to deposit
immediately with the Deed of Trust Trustee cash or a certified check in an amount not to exceed five
percent (5 %) of his bid, provided notice of such requirement is contained in the advertisement of the
sale. The bid may be rejected if the deposit is not immediately made and thereupon the next highest
bidder may be declared to be the successful bidder. Such deposit shall be refunded in case a resale is
had; otherwise it shall be applied to the purchase price. The sale of the Mortgaged Property or any part
thereof or any interest therein, whether pursuant to judicial foreclosure, foreclosure under power of sale
or otherwise under this Deed of Trust, shall forever bar any claim with respect to the Mortgaged
Property by the Grantor.
(v) To the extent permitted by law, the Beneficiary, immediately and without additional
notice and without liability therefor to the Grantor, may do or cause to be done any or all of the
following: (A) take physical possession of the Mortgaged Property; (B) exercise its right to collect the
rents and profits thereof; (C) enter into contracts for the completion, repair and maintenance of the
Mortgaged Property; (D) expend any rents, income and profits derived from the Mortgaged Property for
payment of any taxes, insurance premiums, assessments and charges for completion, repair and
maintenance of the Mortgaged Property, preservation of the lien of this Deed of Trust and satisfaction
and fulfillment of any liabilities or obligations of the Grantor arising out of or in any way connected
with the Mortgaged Property whether or not such liabilities and obligations in any way affect, or may
affect, the lien of this Deed of Trust; (E) enter into leases demising the Mortgaged Property or any part
thereof; (F) take such steps to protect and enforce the specific performance of any covenant, condition or
agreement in this Deed of Trust or the Agreement or to aid the execution of any power herein granted;
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and (G) generally, supervise, manage, and contract with reference to the Mortgaged Property as if the
Beneficiary were the equitable owner of the Mortgaged Property. The Grantor also agrees that any of
the foregoing rights and remedies of the Beneficiary may be exercised at any time independently of the
exercise of any other such rights and remedies, and the Beneficiary may continue to exercise any or all
such rights and remedies until the Event(s) of Default of the Grantor are cured with the consent of the
Beneficiary or until foreclosure and the conveyance of the Mortgaged Property to the high bidder or
until the indebtedness secured hereby is otherwise satisfied or paid in full.
(vi) The Beneficiary may proceed against the fixtures referred to in Section 12 as provided in
and in accordance with the applicable provisions of the Uniform Commercial Code as adopted by the
State of North Carolina, as amended (the "UCC ") or, at its election, may proceed and may instruct the
Deed of Trust Trustee to proceed as to the portion of the Mortgaged Property constituting fixtures and,
in accordance with its rights and remedies with respect thereto and those granted to the Deed of Trust
Trustee, all as set forth in this Deed of Trust. Subject to any limitations imposed by the applicable
provisions of the UCC, the Beneficiary may sell, lease, or otherwise dispose of all or any part of the
fixtures at public or private sale, for cash or on credit, as a whole or in part, and the Beneficiary may at
such sale or sales purchase the fixtures or any part thereof. The proceeds of such sale, lease, collection
or other disposition shall be applied first to the costs and expenses of the Beneficiary incurred in
connection with such sale, lease, collection or other disposition, and then to such outstanding balance
due on any and all indebtedness owed to the Beneficiary. Further, the Beneficiary may require the
Grantor to assemble the fixtures, or evidence thereof, and make them reasonably available to the
Beneficiary at one or more places to be designated by the Beneficiary which are reasonably convenient
to the Beneficiary, and the Beneficiary may take possession of the fixtures and hold, prepare for sale,
lease or other disposition and sell, lease or otherwise dispose of the fixtures. Any required notice by the
Beneficiary of sale or other disposition or default, when mailed to the Grantor at its address set forth
herein, shall constitute reasonable notice to the Grantor. In addition to, but not in limitation of, any of
the foregoing, the Beneficiary may exercise any or all of the rights and remedies afforded to the
Beneficiary by the provisions of the UCC or otherwise afforded to the Beneficiary under this Deed of
Trust, with all such rights and remedies being cumulative and not alternative, and the Grantor agrees, to
the extent permitted by law, to pay the reasonable costs of collection, including, in addition to the costs
and disbursements provided by statute, reasonable attorneys' fees and legal expenses which may be
incurred by the Beneficiary subject to the procedures and limitations set forth in Section 6 -21.2 of the
General Statutes of North Carolina, as amended.
In all such cases, the Beneficiary shall have the right to direct the Deed of Trust Trustee to exercise the
remedies granted hereunder.
(c) The Grantor hereby waives, to the full extent it lawfully may, the benefit of all appraisement,
valuation, stay, moratorium, exemption from execution, extension and redemption laws and any statute of
limitations, now or hereafter in force and all rights of marshalling in the event of the sale of the Mortgaged
Property or any part thereof or any interest therein.
(d) Except as set forth in (e), the foregoing shall in no way be construed to limit the powers of sale,
or to restrict the discretion the Deed of Trust Trustee may have under the provisions of Article 2A of Chapter 45
of the General Statutes of North Carolina, as amended. Each legal, equitable or contractual right, power or
remedy of the Deed of Trust Trustee now or hereafter provided herein or by statute or otherwise shall be
cumulative and concurrent and shall be in addition to every other right, power and remedy, and the exercise or
beginning of the exercise by the Deed of Trust Trustee of any one or more of such rights, powers and remedies
shall not preclude the simultaneous or later exercise of any or all such other rights, powers and remedies.
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(e) NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, NO DEFICIENCY
JUDGMENT SHALL BE RENDERED AGAINST THE GRANTOR IN ANY ACTION FOR BREACH BY
THE GRANTOR OF ITS OBLIGATIONS UNDER THE AGREEMENT OR THIS DEED OF TRUST, OR
FOLLOWING THE EXERCISE BY THE GRANTOR OF ITS RIGHT OF TERMINATION OF ITS
OBLIGATION TO MAKE INSTALLMENT PAYMENTS AND ADDITIONAL PAYMENTS UNDER THE
AGREEMENT; THE REMEDIES PROVIDED UNDER THIS DEED OF TRUST, INCLUDING
FORECLOSURE AND SALE OF THE MORTGAGED PROPERTY UNDER THIS DEED OF TRUST,
BEING THE SOLE REMEDY GRANTED HEREBY. THE TAXING POWER OF THE GRANTOR IS NOT
AND MAY NOT BE PLEDGED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO SECURE THE
PAYMENT OF ANY MONEYS DUE UNDER THE AGREEMENT, INCLUDING THE INSTALLMENT
PAYMENTS UNDER THE AGREEMENT, OR ANY OTHER INSTRUMENT CONTEMPLATED HEREBY
OR THEREBY.
Section 4. Application of Proceeds. The proceeds of (a) the operation and management of the
Mortgaged Property pursuant to Section 3 hereof, (b) any sale of the Mortgaged Property or any interest therein,
whether pursuant to judicial foreclosure, foreclosure under power of sale or otherwise, and (c) any insurance
policies or eminent domain awards or other sums (other than awards or sums to which the Grantor is entitled to
under the Agreement) retained by the Deed of Trust Trustee upon the occurrence of an Event of Default shall be
applied to pay:
First: The costs and expenses of sale, reasonable attorneys' fees actually incurred to the extent
permitted by Section 6 -21.2 of the General Statutes of North Carolina, as amended, the Beneficiary's fees and
expenses, court costs, any other expenses or advances made or incurred in the protection of the rights of the
Beneficiary or in the pursuance of any remedies hereunder and the Deed of Trust Trustee's commission payable
under Section 5 hereof;
Second: All taxes and assessments then constituting a lien against said premises unless such premises
are sold subject to such liens and assessments, as provided by law;
Third: Any indebtedness secured by this Deed of Trust and at the time due and payable (whether by
acceleration or otherwise) in the manner provided in the Agreement; and
Fourth: The balance, if any, to the persons then entitled thereto under the Agreement, as applicable.
Section 5. Deed of Trust Trustee's Commission. In the event of a consummated sale under the
power of sale contained herein, the Deed of Trust Trustee's commission shall be one -half of one percent (0.5 %)
of the successful bid thereat.
It is further provided that in the event foreclosure is terminated upon the request of the Grantor prior to
delivery of the deed by the Deed of Trust Trustee, the Grantor shall pay the Deed of Trust Trustee all costs and
expenses incident to the foreclosure, including as compensation for services an amount equal to one -half of one
percent (0.5 %) of the outstanding indebtedness in accordance with the following schedule: one - fourth (1/4)
thereof before the Deed of Trust Trustee issues a notice of hearing on the right to foreclose; one -half (1/2)
thereof after issuance of said notice; three - fourths (3/4) thereof after such hearing; and the full commission if
such termination is at any time after the initial sale; together with attorneys' fees actually incurred to the extent
permitted by Section 6 -21.2 of the General Statutes of North Carolina, as amended.
It is further provided that the compensation herein allowed to the Deed of Trust Trustee shall constitute
a lien on the Mortgaged Property immediately upon request of sale.
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Section 6. General Warranties and Covenants
(a) The Grantor shall pay the amounts due under the Agreement and shall observe and perform all
covenants, conditions and agreements contained in the Agreement, and any amendments and supplements
thereto.
(b) The Grantor represents and warrants that it is seized of the Mortgaged Property in fee (and has
title to any appurtenant easements) and has the right to convey the same, that title to such property is free and
clear of all encumbrances except for Permitted Encumbrances (as defined in the Agreement), and that it will
warrant and defend the title to such property against the claims of all persons or parties except for the Permitted
Encumbrances.
(c) The Grantor agrees to execute and deliver to the Beneficiary, concurrently with the execution of
this Deed of Trust and upon the request of the Beneficiary from time to time hereafter, all financing statements
and other documents reasonably required to perfect and maintain the security interest created hereby. To the
extent permitted by law, the Grantor hereby irrevocably (as long as the Advance remains unpaid) makes,
constitutes and appoints the Beneficiary as the true and lawful attorney of the Grantor to sign the name of the
Grantor (after the Grantor has failed or refused to timely execute such documents upon request of the
Beneficiary) on any financing statement, continuation of financing statement or similar document required to
perfect or continue such security interests.
Section 7. Payment of Costs, Attorneys' Fees and Expenses As between the Beneficiary, the Deed
of Trust Trustee and the Grantor, the Grantor shall pay, to the extent permitted by law, any and all costs,
attorneys' fees and other expenses of whatever kind incurred by the Beneficiary or the Deed of Trust Trustee in
connection with (a) obtaining possession of the Mortgaged Property, (b) the protection and preservation of the
Mortgaged Property, (c) the collection of any sum or sums secured hereby, (d) any litigation involving the
Mortgaged Property, this trust, any benefit accruing by virtue of the provisions hereof, or the rights of the Deed
of Trust Trustee or the Beneficiary, (e) the presentation of any claim under any administrative or other
proceeding in which proof of claim is required by law to be filed, (f) any additional examination of the title to
the Mortgaged Property which may be reasonably required by the Beneficiary or the Deed of Trust Trustee,
(g) taking any steps whatsoever in enforcing this Deed of Trust, claiming any benefit accruing by virtue of the
provisions hereof, or exercising the rights of the Beneficiary hereunder, or (h) any proceeding, legal or
otherwise, which the Beneficiary shall deem necessary to sustain the lien of this Deed of Trust or its priority. If
the Grantor shall fail to make any payment required to be made by the foregoing covenant, however, such
amount shall be payable solely from the amounts realized upon the enforcement of the remedies set forth in
Section 3 of this Deed of Trust. The Grantor will not be required to pay such attorney's fees in the event of any
litigation that results in a finding that the Beneficiary or the Deed of Trust Trustee acted with gross negligence
or willful misconduct.
Section 8. Insurance and Taxes Pursuant to the Agreement, the Grantor will obtain and maintain
certain insurance and will pay all lawful taxes, assessments and charges, if any, at any time levied or assessed
upon or against the Mortgaged Property or any part thereof; provided, however, that nothing contained in this
Deed of Trust shall require the maintenance of insurance or the payment of any such taxes, assessments or
charges if the same are not required to be paid under the Agreement. If the Grantor shall fail to make any
payment required to be made by the foregoing covenant, however, such amount shall be payable solely from the
amounts realized upon the enforcement of the remedies set forth in Section 3 of this Deed of Trust.
Section 9. No Assignment or Encumbrance of Mortgaged Property Except in accordance with
Section 2 hereof and the Agreement, the Grantor shall not sell, transfer, exchange, lease, mortgage, encumber,
pledge, assign or otherwise dispose of the Mortgaged Property, or any interest therein or any part thereof,
without the prior written consent of the Deed of Trust Trustee and the Beneficiary. Any such disposition or
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encumbrance of the Mortgaged Property, or any interest therein or any part thereof, without such prior written
consent shall, at the option of the Beneficiary, constitute a default hereunder, giving rise to all of the remedies
herein provided for an Event of Default.
Section 10. Advances by Beneficiary The Beneficiary is authorized, for the account of the Grantor,
to make any required payments under any lien prior hereto or under this Deed of Trust, the non - payment of
which would constitute a default, including but not limited to principal payments, interest payments, premium
payments, if any, taxes and insurance premiums. All sums so advanced shall attach to and become part of the
debt secured hereby, shall become payable at any time on demand therefor and, from the date of the advance to
the date of repayment, any sum so advanced shall bear interest at a rate of eight percent (8 %) per annum. The
failure to make payment on demand shall, at the option of the Beneficiary, constitute a default hereunder, giving
rise to all of the remedies herein provided for an Event of Default. If the Grantor shall fail to make any
payment required to be made by the foregoing covenant, however, such amount shall be payable solely from the
amounts realized upon the enforcement of the remedies set forth in Section 3 hereof.
Section 11. The Deed of Trust Trustee The Deed of Trust Trustee shall be under no duty to take any
action hereunder except as expressly required, or to perform any act which would involve him in expense or
liability or to institute or defend any suit in respect hereof, unless properly indemnified to its satisfaction by the
Beneficiary. All reasonable expenses, charges, counsel fees and other disbursements incurred by the Deed of
Trust Trustee in and about the administration and execution of the trusts hereby created, and the performance of
its duties and powers hereunder, shall, to the extent permitted by law, be payable at any time on demand
therefor, be secured by this Deed of Trust prior to the indebtedness represented by the Agreement, and such
amounts not paid when due shall, to the extent permitted by law, bear interest at the rate of eight percent (8 %)
per annum. If the Grantor shall fail to make any payment required to be made by the foregoing covenant,
however, such amount shall be payable solely from the amounts realized upon the enforcement of the remedies
set forth in Section 3 hereof.
Section 12. Security Interest in Fixtures COLLATERAL IS OR INCLUDES FIXTURES. With
respect to any portion of the Mortgaged Property which is or may become fixtures, this Deed of Trust shall
constitute a financing statement filed as a fixture filing. The fixtures are located on the land described on
Schedule I attached hereto, and the Grantor is the record owner of such land. The name and address of the
Grantor, as debtor, and the Beneficiary, as secured party, are set forth in Section 16 hereof. The lien upon
fixtures granted herein and perfected hereby shall be in addition to and not in lieu of any lien upon fixtures
acquired under real property law.
Section 13. Additional Documents The Grantor agrees to execute and deliver to the Beneficiary,
concurrently with the execution of this Deed of Trust and upon the request of the Beneficiary from time to time
hereafter, all financing statements and other documents reasonably required to perfect and maintain the lien or
security interest created hereby. For the period in which the indebtedness of the Grantor to the Beneficiary
remains unpaid, to the extent permitted by law the Grantor hereby irrevocably makes, constitutes and appoints
the Beneficiary as the true and lawful attorney in fact of the Grantor to sign the name of the Grantor on any
financing statement, continuation of financing statement or similar document required to perfect or continue
such security interests.
Section 14. Substitution of Deed of Trust Trustee The Grantor and the Deed of Trust Trustee
covenant and agree to and with the Beneficiary that in case the Deed of Trust Trustee, or any successor trustee,
shall die, become incapable of acting, renounce his trust, or for any reason the holder the Beneficiary desires to
replace the Deed of Trust Trustee, then the Beneficiary may appoint, in writing, a trustee to take the place of the
Deed of Trust Trustee; and upon the probate and registration of the same, the trustee thus appointed shall
succeed to all rights, powers and duties of the Deed of Trust Trustee. This granting of power to the Beneficiary
is coupled with an interest and is irrevocable.
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Section 15. Environmental Issues The Grantor for itself, its successors and assigns represents,
warrants and agrees that (a) neither the Grantor nor any other person has improperly used or installed any
Hazardous Material (as hereinafter defined) on the Mortgaged Property or received any notice from any
governmental agency, entity or other person with regard to Hazardous Materials on, from or affecting the
Mortgaged Property; (b) neither the Grantor nor any other person has violated any applicable Environmental
Laws (as hereinafter defined) relating to or affecting the Mortgaged Property; and (c) the Mortgaged Property is
presently in compliance with all Environmental Laws and there are no circumstances presently existing upon or
under the Mortgaged Property, or relating to the Mortgaged Property which may violate any applicable
Environmental Laws, and there is not now pending, or threatened, any action, suit, investigation or proceeding
against the Grantor relating to the Mortgaged Property (or against any other party relating to the Mortgaged
Property) seeking to enforce any right or remedy under any of the Environmental Laws. In addition, the
Grantor for itself, its successors and assigns, hereby agrees that (a) the Mortgaged Property shall be used to
generate, manufacture, refine, transport, treat, store, handle, dispose, produce or process Hazardous Materials
only in accordance with all applicable Environmental Laws; (b) the Grantor shall not cause nor permit the
improper installation of Hazardous Materials in the Mortgaged Property nor a release of Hazardous Materials
on the Mortgaged Property; (c) the Grantor shall at all times comply with and ensure compliance by all other
parties with all applicable Environmental Laws relating to or affecting the Mortgaged Property and shall keep
the Mortgaged Property free and clear of any liens imposed pursuant to any applicable Environmental Laws;
(d) the Grantor has obtained and will at all times continue to obtain and /or maintain all licenses, permits, and /or
other governmental or regulatory actions necessary to comply with Environmental Laws with respect to the
Mortgaged Property (the "Permits "), and the Grantor is in full compliance with the terms and provisions of the
Permits and will continue to comply with the terms and provisions of the Permits; and (e) the Grantor shall
immediately give the Beneficiary oral and written notice in the event that the Grantor receives any notice from
any governmental agency, entity, or any other party with regard to Hazardous Materials on, from or affecting
the Mortgaged Property and shall conduct and complete all investigations, sampling, and testing, and all
remedial, removal, and other actions necessary to clean up and remove all Hazardous Materials on, from or
affecting the Mortgaged Property in accordance with all applicable Environmental Laws. To the extent
permitted by law, the Grantor hereby agrees to defend and indemnify the Deed of Trust Trustee and the
Beneficiary and hold them harmless from and against any and all losses, liabilities, damages, injuries
(including, without limitation, attorneys' fees) and claims of any and every kind whatsoever paid, incurred or
suffered by, or asserted against the Deed of Trust Trustee or the Beneficiary for, with respect to, or as a direct or
indirect result of (a) the presence on, or under, or the escape, spillage, emission or release from the' Mortgaged
Property of any Hazardous Material regardless of whether or not caused by or within the control of the Grantor,
(b) the violation of any Environmental Laws relating to or affecting the Mortgaged Property, whether or not
caused by or within the control of the Grantor, (c) the failure by the Grantor to comply fully with the terms and
provisions of this paragraph, or (d) any warranty or representation made by the Grantor in this paragraph being
false or untrue in any material respect. In the event that the Beneficiary elects to control, operate, sell or
otherwise claim property rights in the Mortgaged Property, the Grantor shall deliver the Mortgaged Property
free of any and all Hazardous Materials so that the conditions of the Mortgaged Property shall conform with all
applicable Environmental Laws. Prior to any such delivery of the Mortgaged Property, the Grantor shall pay to
the Trustee from its own funds any amounts required to be paid under the indemnification provisions set forth
above. For purposes of this Deed of Trust, "Hazardous Material" means and includes petroleum products, any
flammable explosives, radioactive materials, hazardous materials, asbestos or any material containing asbestos,
and /or any hazardous, toxic or dangerous waste, substance or material defined as such in (or for the purpose of)
the Environmental Laws. For the purposes of this Deed of Trust, "Environmental Laws" means the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Hazardous Materials
Transportation Act, the Oil Pollution Act of 1990, the Emergency Planning and Right -to -Know Act, the Clean
Water Act, the Clean Air Act, the Toxic Substance Control Act, the Resource Conservation and Recovery Act,
any "Super Fund" or "Super Lien" law (including in all cases any regulations promulgated thereunder), or any
other federal, state, or local law, regulation or decree regulating, relating to or imposing liability or standards of
conduct concerning any Hazardous Materials, as may now or at any time hereafter be in effect. The obligations
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and liabilities of the Grantor under this paragraph shall survive the foreclosure of the Deed of Trust, the delivery
of a deed in lieu of foreclosure, and the cancellation of this Deed of Trust; or if otherwise expressly permitted in
writing by the Beneficiary, the sale or alienation of any part of the Mortgaged Property.
Section 16. Limited Obligation of the Grantor
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, PURSUANT TO
SECTION 16OA -20 OF THE GENERAL STATUTES OF NORTH CAROLINA, NO DEFICIENCY
JUDGMENT SHALL BE RENDERED AGAINST THE GRANTOR IN ANY ACTION FOR BREACH BY
THE GRANTOR OF ITS OBLIGATIONS UNDER THE AGREEMENT; THE REMEDIES PROVIDED
UNDER THIS DEED OF TRUST, INCLUDING FORECLOSURE UNDER THIS DEED OF TRUST, BEING
THE SOLE REMEDY GRANTED HEREBY. THE TAXING POWER OF THE GRANTOR IS NOT AND
MAY NOT BE PLEDGED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO SECURE THE PAYMENT
OF ANY MONEYS DUE UNDER THE AGREEMENT, INCLUDING THE INSTALLMENT PAYMENTS
OR ADDITIONAL PAYMENTS UNDER THE AGREEMENT, OR ANY OTHER INSTRUMENT
CONTEMPLATED HEREBY OR THEREBY. No provision of this Deed of Trust shall be construed or
interpreted as creating a pledge of the faith and credit of Grantor within the meaning of any Constitutional debt
limitation. No provision of this Deed of Trust shall be construed or interpreted as creating a pledge of the faith
and credit of Grantor within the meaning of the Constitution of the State of North Carolina. This Deed of Trust
shall not directly or indirectly or contingently obligate Grantor to make any payments beyond the amount
appropriated, if any, in the sole discretion of the Grantor for any fiscal year in which this Deed of Trust shall be
in effect. Grantor may at the end of any fiscal year terminate its future payment obligations under the
Agreement secured by this Deed of Trust if Grantor has not appropriated sufficient funds to make the next fiscal
year's scheduled payment obligations; however, during each fiscal year, Grantor through its normal budget
process will appropriate funds for such obligations due in the next fiscal year. No deficiency judgment may
be rendered against Grantor in any action for breach of a contractual obligation under the Agreement or
this Deed of Trust and the taxing power of the Grantor is not and may not be pledged directly or
indirectly to secure any moneys due thereunder or hereunder. In addition, any term of this Deed of Trust
which is, or may have the effect of being, a "non- substitution clause" is void any of no effect. To the extent of
any conflict between this Section and any other provision of this Deed of Trust, this Section shall take priority.
Notwithstanding the foregoing, nothing in this Section is intended to impair or prohibit foreclosure under this
Deed of Trust upon the occurrence of any Event of Default, and in such event, Beneficiary may request the
Trustee to foreclose on the Mortgaged Property and the Tangible Personal Property as provided in this Deed of
Trust.
Section 17. Miscellaneous.
(a) Notices. All notices, approvals, consents, requests and other communications hereunder shall be
in writing and, unless otherwise provided herein, shall be deemed to have been given when delivered or mailed
by registered or certified mail, postage prepaid, addressed as follows: (i) if to the Grantor, New Hanover
County, 230 Government Center Drive, Suite 165, Wilmington, North Carolina 28403, Attention: Finance
Director, (ii) if to the Beneficiary, Bank of America, N.A., 101 South Tryon Street, NCI-002-03-10, Charlotte,
NC 28255, Attention: R. Brooks Scurry, III, and (iii) if to the Deed of Trust Trustee, PRLAP, Inc., Portfolio
Administration, 1400 Best Plaza Drive, P.O. Box 26865, Richmond, Virginia 23227.
The Grantor, the Beneficiary, the Trustee and the Deed of Trust Trustee may, by notice given hereunder,
designate any further or different addresses to which subsequent notices, approvals, consents, requests or other
communications shall be sent or persons to whose attention the same shall be directed.
(b) Successors and Assigns. This Deed of Trust shall inure to the benefit of and be enforceable by
the Deed of Trust Trustee and the Beneficiary and their respective successors and assigns.
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(c) Applicable Law The parties intend that this Deed of Trust shall be governed by and construed
in accordance with the laws of the State of North Carolina. In any disputes which arise under this Deed of Trust
and Security Agreement or otherwise, venue shall be proper and shall lie exclusively in the Superior Court of
Alamance County, North Carolina.
(d) Severability In the event any term, provision or covenant herein contained or the application
thereof to any circumstances or situation shall be invalid or unenforceable in whole or in part, the remainder
hereof and the application of said term or provision or covenant to any other circumstances or situation shall not
be affected thereby, and every other term, provision or covenant herein shall be valid and enforceable to the full
extent permitted by law.
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IN WITNESS WHEREOF, the Grantor has caused this Deed of Trust to be
executed in its name by its duly authorized representatives all as of the date first above
written.
ATTEST
CAROLINA
NEW HANOVERCOUNTY, NORTH
(SEAL)
STATE OF NORTH CAROLINA §
NEW HANOVER COUNTY §
I certify that and personally appeared before me this
day, each acknowledging to me that he or she signed the foregoing document in the
capacity indicated thereon.
Date: November , 2010
Notary Public
Print Name:
My Commission Expires:
[Official Seal]
[Deed of Trust and Security Agreement for the benefit of
Bank of America, N.A., dated as of November , 2010]
Board of Commissioners Meeting
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SCHEDULE I
LEGAL DESCRIPTION OF MORTGAGED PROPERTY
[to be provided]
Board of Commissioners Meeting
10/18/2010
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SCHEDULE II
PERMITTED ENCUMBRANCES
Items shown on Schedule B - Section 2 of the title insurance policy provided by
pursuant to Commitment No.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 18, 2010
REGULAR
ITEM: 13
DEPARTMENT: Planning PRESENTER(S): Wanda Coston, Community Development Planner
CONTACT(S): Wanda Coston, Community Development Planner
SUBJECT:
Public Hearing
North Carolina Small Cities Community Development Block Grant Program
2010 Scattered Site Housing Program
BRIEF SUMMARY:
The North Carolina Division of Community Assistance has conditionally awarded New Hanover County and
its interested municipalities (Wrightsville, Carolina, and Kure Beaches) $400,000.00 in Community
Development Block Grant (CDBG) funds as part of the fiscal year 2010 Scattered Site Housing Program
(SSHP). In 2010, New Hanover County is one of 33 counties in the state that is eligible to receive these
funds on a noncompetitive basis every three years. The 2010 SSHP will be the fourth grant awarded to New
Hanover County in this category. The SSHP funds must be used to address the most critical housing needs
of very low- income, owner - occupied households within the County.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Request County Commissioners to
1. Conduct a public hearing in accordance with the CDBG requirements to solicit citizens'
input concerning the County's proposed 2010 Scattered Site Housing Program and;
2. Authorize Chairman to sign the Local Government Participation Certification which
acknowledges that the County intends to participate in the 2010 Scattered Site Housing
Program.
ATTACHMENTS:
Local Government Participation Certification Form
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Conduct public hearing and authorize Chairman to sign certification.
COMMISSIONERS' ACTIONS:
Conducted public hearing and authorized the Chairman to sign certification 5 -0.
Board of Commissioners Meeting
10/18/2010
13 -0
4. Local Government Participation Certification
Backsround:
The North Carolina Division of Community Assistance (DCA) has conditionally awarded New
Hanover County and its interested municipalities $400,000 in Community Development Block
Grant (CDBG) funds as part of the FY 2010 Scattered Site Housing Program (SSH). These funds
are to be used to address the most critical housing needs of very low - income families within New
Hanover County. Activities paid with SSH funds must benefit persons with incomes at or below
50% of the New Hanover County median income. In addition to FY 2010 funding, New Hanover
County and its municipalities will be eligible for additional funding every three years on a non-
competitive basis.
Eligible uses of these SSH funds in the C -1 project include rehabilitation of very low- income
owner occupied single - family housing. If it has been determined that rehabilitation of the property
is not feasible, the following activities may be implemented: 1) acquisition 2) clearance 3)
relocation 4) code enforcement - limited to CDBG related units. Emergency repairs, as defined in
the SSH Application Guidelines, are eligible as a local option project.
Prior to being awarded the SSH funds officially, New Hanover County, as lead Agent of this
project must complete and submit an application to the Division of Community Assistance by
November 15, 2010. This application must include the following plans: 1) a Community
Development Plan - identifying the housing needs within the county; 2) a Housing Distribution
Plan - identifying how the SSH assistance will be delivered within the County and participating
municipalities- identifying members of the selection participation committee and that committee's
role in the SSH project-identifying the personnel that deliver the assistance on behalf of the
Proj ect.
In addition to these plans, the application must include the following: 1) Federal and State
Certifications; 2) an Application Summary Page; 3) a Financial Design Model; 4) a Project
Schedule; 5) Project Budget Form; 6) Civil Rights Lawsuits Disclosure Form; and, 7) a Local
Government Participation Certification 8) Disclosure Report.
The purpose of the Local Government Participation Certification is to have written documentation
for the file that demonstrates the intent of the municipalities within New Hanover County to either
participate or choose not to participate in this SSH Project. By not participating in this Project, the
municipality waives its rights to be included in the aforementioned plans and committees for the
FY 2010 Project. However, rights of participation in future SSH Projects within New Hanover
County will not be waived or forfeited.
Board of Commissioners Meetin 11
' "'" 111 CDBG Scattered Site Housing Program (August 2010) 13- / - 1 Page V IV
S. County Certification as Lead Agency
By signing below I certify that New Hanover County has allowed all interested municipalities to
participate in the planning and development of the distribution plan. As the lead agency, New
Hanover County will continue to include all interested municipalities as full and active partners on
the selection committee, any other committees and in all activities relating to this S SH project.
Signature of Chairman or
ChiefAdministrative Officer
CDBG Scattered Site Housing Program (August 2010)
10/18/2010
Date
Page
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 18, 2010
REGULAR
ITEM: 14
DEPARTMENT: Health PRESENTER(S): Kim Roane, Support Services Manager
CONTACT(S): Kim Roane, Support Services Manager
SUBJECT:
Ratification of a Grant Application to the North Carolina Department of Health and Human Services,
Office of Minority Health and Health Disparities to Fund an Interpreter Position for Three Years
BRIEF SUMMARY:
The NC Office of Minority Health is offering grant funds to Local Health Departments to create interpreter
positions to enhance their capacity to serve Limited English Proficiency (LEP) clients. The New Hanover
County Health Department has received this funding for three years and requests approval to apply for an
additional three years of grant funding.
The maximum funding per local health department under this RFA will be up to $19,000 every year for a
three -year project period: the funding period will begin June 1, 2011 and end May 31, 2014. Continuation of
grantee funding during the project period will be dependent upon performance and continued funding from
the General Assembly.
The funds allocated for this position are to be used for salary /fringe benefits only. Local health departments
are expected to match these with local or in -kind funds to establish one full -time employee (FTE) position.
NHCHD currently has funds budgeted to partially support an interpreter for Women, Infants & Children
(WIC)/Nutrition clients and our Child Service Coordination (CSC) families. This funding will allow us to
support the existing interpreter position for an additional three years. If funded, NHCHD would receive
$19,000 from the state for salary and fringe to support a full -time position. A local County match is required,
which will be fulfilled via revenues from federal WIC funds and CSC Medicaid earnings. No County
matching funds are required beyond the WIC and CSC revenues supporting the position.
The projected cost for the position is $44,102 for year one. The funds from WIC and CSC revenues required
to fund this increase to a full -time position would be $25,102 for year one. No additional County funds
would be required to implement. Space is available for this position. If awarded, funds will be available June
1, 2011. There is potential for three years of funding. The position will be sustained as long as funding
continues. No additional positions are being created as a result of this grant, if awarded — instead, this
funding will allow for continuation of an existing interpreter currently funded via the same grant.
Notification of this grant opportunity was made September 28, 2010, with an application deadline of October
15, 2010, thus requiring County Commissioner ratification of approval to submit the grant application by the
deadline.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Ratify the grant application to the Office of Minority Health and Health Disparities in the amount of $19,000
per year for three years.
Board of Commissioners Meeting
10/18/2010
14 -0
ATTACHMENTS:
Interpreter Grant Budget
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Consider ratification.
COMMISSIONERS' ACTIONS:
Ratified the grant application 5 -0.
Board of Commissioners Meeting
10/18/2010
14 -0
LINE ITEM BUDGET
BUDGET PERIOD: June 1, 2011 - May 31, 2012
Applicant's Name:
2011 -2012
Budget
I. PERSONNEL SERVICES
Salary/Wages
$31,654
Social Security
$ 2,422
Medical /Health Insurance
$ 7,918
Long Term Disability Insurance
$ 70
Retirement
$ 2,038
Total Personnel Services
$ 44,102
In Kind Amount
($ 25, 102)
Fiscal Year 2011— 2012 Grant Total Budgeted Expenditures
$19,000
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 18, 2010
REGULAR
ITEM: 15
DEPARTMENT: Governing Body PRESENTER(S): Thomas Wolfe, Chairman
CONTACT(S): Sheila L. Schult, Clerk to the Board, and Dan Sykes, ABC Board Chief Executive Officer
SUBJECT:
New Hanover County ABC Board Annual Update
BRIEF SUMMARY:
Chairman Thompson has requested that each New Hanover County board and /or committee appear annually
before the Board of Commissioners to present an update. Please see the attachment for the New Hanover
County ABC Board information.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation.
ATTACHMENTS:
New Hanover County ABC Board Information
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation.
COMMISSIONERS' ACTIONS:
Heard presentation.
Board of Commissioners Meeting
10/18/2010
15 -0
NEW HANOVER COUNTY
ABC BOARD
Number of Members: 3 - Chairman designated by County Commissioners
Term of Office: Three years - may be reappointed
Regular meeting: Third Thursday of each month at 8:30 a.m. at the ABC General Office, 523 S. 17
Street, Wilmington, NC.
Compensation: Compensated by profits with amount set by County Commissioners. The last
increase occurred on November 27, 2000: $250.00 per month for Chairman and $200.00 per month
for members.
Statute or cause creating Board: N. C. General Statutes 18B -700;
Qualifications: Appointed on the basis of appointee's interest in public affairs, good judgment,
knowledge, ability and good moral character.
Brief on the functions: 1) Establish stores and adopt local policies. 2) Set budget including
employees' salaries. 3) Hire general manager to oversee day -to -day operation of the system. 4)
Buy or lease property for the system. 5) Review reports and perform other duties in accordance
with 18B -701. 7) Board is an independent entity of the State.
CURRENT MEMBERS
TERM OF OFFICE
APPOINTMENT
EXPIRATION
Cedric Dickerson
First 5/3/10
6/30/2012
356 Harlandale Drive
Wilmington, NC 28411
686 -2764 (H) 617 -8389 (C) 395 -4064 (W)
David I. Matthews
First 4/19/10
6/30/2011
1523 Landfall Drive
Wilmington, NC 28405
256 -3271 (H)
Thomas Wolfe, Chairman
First 4/19/10
6/30/2013
3739 Reston Court
Wilmington, NC 28403
392 -0654 (H) 228 -8569 (C) 784 -9800 (W)
Ex. Officio: Avril Pinder, Finance Director
Appointed 4/19/10
New Hanover County
Dan Sykes, Chief Executive Officer (4/2010)
P.O. Box 3036
File: /ABC
Wilmington, NC 28406
B/C #1 - 4.10
910- 762 -7611
Revised: 5/4/10
Board of Commissioners Meeting
10/18/2010
15 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 18, 2010
REGULAR
ITEM: 16
DEPARTMENT: Governing Body PRESENTER(S): Bob McKoy, Tourism Development Authority
Chairman
CONTACT(S): Sheila L. Schult, Clerk to the Board and Kim Hufham, Wilmington /Cape Fear Coast
Convention & Visitors Bureau President /CEO
SUBJECT:
New Hanover County Tourism Development Authority Annual Update
BRIEF SUMMARY:
Chairman Thompson has requested that each New Hanover County board and /or committee appear annually
before the Board of Commissioners to present an update. Please see the attachment for the New Hanover
County Tourism Development Authority information.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation.
ATTACHMENTS:
NHC TDA Board Information
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation.
COMMISSIONERS' ACTIONS:
Heard presentation.
Board of Commissioners Meeting
10/18/2010
16 -0
NEW HANOVER COUNTY
TOURISM DEVELOPMENT AUTHORITY
Number of Members: 15 voting members: 5 ex- officio members and 10 members appointed
by the Board of County Commissioners. The five ex- officio members are the Chairman of the
Board of County Commissioners, the Mayor of the City of Wilmington, and the Mayors of the
Beach towns or whoever they appoint by each elected body. The other ten members are in the
following categories and must have experience in promoting travel and tourism:
a. Owner /manager of a hotel of 150 rooms or more in the Town of Wrightsville Beach
b. Owner /manager of a hotel in the Town of Carolina Beach
c. Owner /manager of a hotel in the Town of Kure Beach
d. Owner /manager of a hotel of 150 rooms or more in the City of Wilmington
e. Owner /manager of a hotel of fewer than 150 rooms in the City of Wilmington
f. Owner /manager of a bed and breakfast facility
g. Owner /manager of company that manages and rents more than 100 vacation rental
properties
h. Representative of a tourism attraction
i. Representative of the Wilmington Chamber of Commerce
j. Owner /manager of a restaurant business
Term of Office: 3 -years with no one serving more than two consecutive full terms (excluding
Chairman of Commissioners and Mayors).
Regular Meetings: Fourth or Fifth Wednesday of every other month at 5:30 p.m. at New
Hanover County Government Center, 230 Government Center Drive, Conference Room 500,
Wilmington, NC 28403
Statute or cause creating Bureau: On October 3, 2002, through House Bill 1707, the North
Carolina General Assembly directed that the New Hanover County Board of Commissioners
designate the Cape Fear Coast Convention and Visitors Bureau as a Tourism Development
Authority JDA) to promote travel, tourism, and conventions in New Hanover County, and to
administer related tourism expenditures. The TDA shall take effect and come into creation on
January 1, 2003, with all those powers, rights and duties set forth in House Bill 1707, Session
2001. The Authority shall hereinafter be known and operated as the New Hanover County
Tourism Development Authority d.b.a. Cape Fear Coast Convention and Visitors Bureau.
Board of Commissioners Meeting
10/18/2010
16 -1 -1
TERM OF OFFICE
CURRENT MEMBERS
CATEGORY
APPOINTMENT
EXPIRATION
John W. Andrews, Jr., Vice - Chairman
Restaurant
Unexpired 6/16/08
12/31/09
South Beach Grill
Owner /Manager
First 1/19/10
12/31/12
c/o 3201 Graylyn Terrace
Wilmington, NC 28411
686 -1716 (H) 256 -4646 (W)
A. Scott Cromartie
Chamber of
First 12/20/04
12/31/07
1614 Country Club Road
Commerce
Second 12/17/07
12/31/10
Wilmington, NC 28403
762 -9953 (H) 343 -0683 (W)
Board of Commissioners Meeting
10/18/2010
16 -1 -1
TOURISM DEVELOPMENT AUTHORITY (CONY.)
PAGE 2
Revised: 6/28/2010
Board of Commissioners Meeting
10/18/2010
16-1-2
TERM OF OFFICE
CURRENT MEMBERS
CATEGORY
APPOINTMENT
EXPIRATION
Anne Marie Hartman
Wrightsville Beach
First 1/22/08
12/31/10
Holiday Inn Sunspree
Hotel
c/o 230 Long John Silver Drive
Owner /Manager
Wilmington, NC 28411
686- 1635(H) 256- 2231(W) 620- 6102(C)
Frank M. Jones
Wilmington Hotel
First 12/15/08
12/31/11
Suburban Extended Stay Hotel
( <150)
7200 Oyster Lane
Owner /Manager
Wilmington, NC 28411
686 -6336 (H) 793 -1920 (W)
Michael Wade Keeler
Wilmington Hotel
Unexpired 2/15/10
12/31/11
Hilton Wilmington Riverside
( +150)
310 N. Water Street
Owner /Manager
Wilmington, NC 28401
343 -6150 (W) 904 - 343 -0901 (C)
Bob McKoy, Chairman
Vacation Rental
First 12/16/02
12/31/05
Network Real Estate
Properties
Second 12/19/05
12/31/08
1029 N. Lake Park Boulevard
Owner/ Manager
Third 1/20/09
12/31/11
Carolina Beach, NC 28428
395 -1430 (H) 458 -8881 (W)
Carl B. Marshburn
Tourist Attraction
Unexpired 6/21/10
12/31/10
101 South Water Street
Wilmington, NC 28401
520 -3730 (C) 343 -1611 (W)
Charles Pennington
Bed &Breakfast
Unexpired 9/20/04
12/31/06
The Verandas Bed and Breakfast
Owner /Manager
First 12/18/06
12/31/09
202 Nun Street
Second 1/19/10
12/31/12
Wilmington, NC 28401 -5020
251 -2212 (H &W)
Ronnie W. Pernell
Kure Beach Hotel
Unexpired 2/16/04
12/31/04
Moran Motel
Owner /Manager
First 12/20/04
12/31/07
P.O. Box 76
Second 12/17/07
12/31/10
Kure Beach, NC 28449
458 -8673 (H) 458 -5395 (W)
Brett Darlington
Carolina Beach Hotel
First 1/19/10
12/31/12
Courtyard Marriott of Carolina Beach
Owner /Manager
c/o 133 Hearn Drive
Wilmington, NC 28411
681 -1626 (H) 458 -2030 (W) 232 -0600 (C)
Revised: 6/28/2010
Board of Commissioners Meeting
10/18/2010
16-1-2
TOURISM DEVELOPMENT AUTHORITY (CONY.)
PAGE 3
Revised: 6/28/2010
Board of Commissioners Meeting
10/18/2010
16 -1 -3
TERM OF OFFICE
CURRENT MEMBERS
CATEGORY
APPOINTMENT
EXPIRATION
Ex- officio Members:
William A. Caster, Secretary
New Hanover County
Undesignated
Commissioner
Mayor Joel A. Macon
Carolina Beach
12/09
Undesignated
Mayor Dean Lambeth
Kure Beach
Undesignated
Mayor Bill Saffo
City of Wilmington
Undesignated
Mayor David Cignotti
Wrightsville Beach
12/09
Undesignated
Avril Pinder, Treasurer
New Hanover County
Undesignated
Finance Officer
Contact: Kim Hufham, President/CEO
File: /TDA
Cape Fear Coast Convention Center
B /C #42 6.10
24 N. Third Street
Wilmington, NC 28401
341 -4030 FAX 341 -4029
Revised: 6/28/2010
Board of Commissioners Meeting
10/18/2010
16 -1 -3
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 18, 2010
REGULAR
ITEM: 17
DEPARTMENT: Governing Body PRESENTER(S): Robert F. Cameron, Jr., Chairman
CONTACT(S): Sheila L. Schult, Clerk to the Board and Chris O'Keefe, Planning & Inspections Department
Director
SUBJECT:
New Hanover County Zoning Board of Adjustment Annual Update
BRIEF SUMMARY:
Chairman Thompson has requested that each New Hanover County board and /or committee appear annually
before the Board of Commissioners to present an update. Please see the attachment for the New Hanover
County Zoning Board of Adjustment information.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation.
ATTACHMENTS:
NHC Zoning Board of Adjustment Information
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation.
COMMISSIONERS' ACTIONS:
Heard presentation.
Board of Commissioners Meeting
10/18/2010
17 -0
NEW HANOVER COUNTY
ZONING BOARD OF ADJUSTMENT
Number of Members: 5 plus three alternates
Ex- Officio: Planning Director
Term of Office: 3 years
Regular Meetings: Fourth Tuesday of each month at 5:30 p.m. in the conference room at the
Government Center, 230 Government Center Drive, Suite 110, Wilmington, NC.
Compensation: $20.00 per member per meeting plus auto mileage
Statute or cause creating Board: N.C. General Statutes 153 -A -345, 266.17. The
Commissioners increased to 3 alternates 11/21/94 (officially 4/1/96). The Zoning Ordinance
requires members to be appointed from different areas within the County's zoning jurisdiction.
Brief on Functions: The Board of Adjustment is a recognition of human frailty. If it were
possible for the legislative body to write a perfect zoning ordinance which would meet the needs
of the community while at the same time avoiding hardship in individual cases, there would be no
need for this board. Because that has been found near impossible, the Board of Adjustment has
been introduced as an integral part of almost every smoothly operating zoning enforcement
mechanism, serving as a "pop -off valve" to relieve pressures resulting from hardship cases.
In New Hanover County, the duties of the Board fall into two general categories: Interpretation
and Granting Variances.
Interpretation: The function of the Board of Adjustment which is most closely similar to that of the
courts is interpretation of the Ordinance. This function involves (a) interpreting the meaning of
parts of the Ordinance which are unclear, (b) applying the Ordinance to particular fact situations,
and, if necessary, (c) correcting any mistakes or abuses of discretion which the Building
Inspector may have made in administering the Ordinance. In exercising this power, the basic
principle for the Board to keep in mind is that it must not vary the Ordinance. Its function here is
to interpret and apply what the governing body has written, not to vary that legislative
pronouncement to fit its own ideas. Its decisions must be in accord with what the Board believes
to be the actual meaning and intent of the Ordinance.
Granting of Variances: General Statute 153A- 345(d) provides that, "when practical difficulties or
unnecessary hardships would result from carrying out the strict letter of a zoning ordinance, the
Board of Adjustment may, in passing upon appeals, vary or modify any regulation or provision of
the Ordinance relating to the use of land, so that the spirit of the Ordinance is observed, public
safety and welfare secured, and substantial justice done." Basically, a variance is a permit,
which the Board may grant in certain situations, enabling a property owner to make use of his
property in some way which is in conflict with the literal provisions of the Ordinance. Sometimes
a lot so small or so peculiarly shaped that the owner would have great difficulty in complying with
the yard requirements and yet erecting a suitable building. Sometimes contours of the terrain
are such as to create hardships in complying with these requirements. Sometimes the lot is
located in a cluster of nonconforming uses which will prevent the owner from securing any
reasonable return from his land if he complies with the Ordinance (as where a lot in a residential
district is surrounded by nonconforming business structures). When the Board grants
exemptions from harsh provisions, it is "granting a variance."
Board of Commissioners Meeting
10/18/2010
17 -1 -1
NEW HANOVER COUNTY ZONING BOARD OF ADJUSTMENT PAGE 2
Finally, it should be noted that there is a good bit of "law" connected with the duties and
responsibilities of the Zoning Board of Adjustment. This is understandable, however, when one
considers the importance of its decisions which expand or limit property values. These are
issues which must not be dealt with casually or arbitrarily.
The above has been largely excerpted from the Zoning Board of Adjustment in North Carolina by
Michael B. Brough and Philip P. Green, Jr.
Revised: 1/29/10
Board of Commissioners Meeting
10/18/2010
17 -1 -2
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Robert F. Cameron, Jr., Chairman
First 11/19/07
12/1/10
5119 Nicholas Creek
Wilmington, NC 28409
313 -1961 (H) 762 -9635 (W) 431 -6885 (C)
Eric C. Hickman, Vice - Chairman
Unexpired 4/21/08
12/1/08
2027 Gray Walsh Drive
First 11/10/08
12/1/11
Wilmington, NC 28405
256 -2219 (H) 793 -4400 (W)
Justin Michael Lewis
First 11/16/09
12/1/12
3702 Providence Court
Wilmington, NC 28412
414 -8410 (H /W) 794 -4880 (Cell)
Peyton Williams
First 11/19/07
12/1/10
651 Walston Drive (28412)
P.O. Box 15527
Wilmington, NC 28408
798 -0774 (H) 798 -0021 (W)
Noelle M. Winstead
First 11/10/08
12/1/11
1305 Carolina Beach Avenue, N., A -3
Carolina Beach, NC 28428
790 -1050 (H) 794 -8699 (W)
ALTERNATES:
Unexpired 7/24/06
12/1/07
Peter M. DeVita
First 11/19/07
12/1/10
7108 Key Point Drive
Wilmington, NC 28405
509 -3055 (H) 262 -2113 (C)
Tim Fuller
First 11/22/04
12/1/07
133 Settlers Lane
Second 11/19/07
12/1/10
Kure Beach, NC 28449
540 -3346 (Cell) 772 -9777 (W)
Revised: 1/29/10
Board of Commissioners Meeting
10/18/2010
17 -1 -2
NEW HANOVER COUNTY ZONING BOARD OF ADJUSTMENT PAGE 3
Revised: 1/29/10
Board of Commissioners Meeting
10/18/2010
17 -1 -3
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Michael D. McCulley, Jr.
First 11/10/08
12/1/11
6102 Lydden Road
Wilmington, NC 28409
547 -5185 (C) 251 -2500 (W)
Staff Support:
Chief Zoning Enforcement Officer
File: /Zoning
NHC Planning and Zoning Division
B /C #33
230 Government Center Drive, Suite 110
Wilmington, NC 28403
798 -7118
Revised: 1/29/10
Board of Commissioners Meeting
10/18/2010
17 -1 -3
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 18, 2010
REGULAR
ITEM: 18
DEPARTMENT: Governing Body PRESENTER(S): Chairman Thompson
CONTACT(S): Sheila Schult, Clerk to the Board
SUBJECT:
• Review and Discuss the Continued Appointments to the Board of Fire Commissioners and the
Commission for Women
• Committee Appointments
BRIEF SUMMARY:
Review and Discuss Appointments to the following:
Board of Fire Commissioners
Commission for Women
Consider appointments to the following Boards and Committees:
ABC Board
Board of Fire Commissioners
Planning Board
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Make appointments as desired.
ATTACHMENTS:
Fire Commission Information
Commission for Women Information
Committee Information Sheets and Applications
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Consider appointments.
COMMISSIONERS' ACTIONS:
The Fire Commission was discontinued 4 -1, Commissioner Davis dissenting. The Commission for Women
was discontinued 5 -0.
Board of Commissioners Meeting
10/18/2010
18 -0
The following appointments were made.
ABC Board:
Augustus Codington Everett, Jr. was appointed.
Robert W. Martenis was appointed.
Planning Board:
Lori Harris was appointed to an unexpired term ending 7/31/13.
Daniel Hilla was appointed to an unexpired term ending 7/31 /11.
Board of Commissioners Meeting
10/18/2010
18 -0
The New Hanover County Commissioners established the Fire Commission in January 1986 to
develop, plan, review and advise the County Board of Commissioners on implementation of
strategies for attaining and maintaining the most cost effective and efficient level of fire
protection delivery services feasible to the citizens of the unincorporated County.
The purpose of the Fire Commission was to advise the County in fire protection planning issues
and prepare a fire and life safety master plan, including yearly revisions and updates which
would serve to project the fire service delivery needs that would be required to provide a cost
effective and efficient fire service for the unincorporated County. The Fire Commission's
purpose was to also advise the County on fire protection legislation, codes, ordinances and
related fire/ rescue response and prevention issues including, but not limited to, fire protection
water delivery systems, fire suppression road access and minimum levels of manning for fire
emergency delivery. In addition, they where to advise the County on matters relating to fire
protection annual contracts with the individual volunteer fire departments.
With the approval of consolidation from the County Commissioners the scope of the Fire
Commission is extensively modified:
• New Hanover County has become sole provider for fire and rescue services and will not
be contracting with individual volunteer fire departments (vfd) for fire protection, thus
eliminating the mediation between the VFD's and the County.
• There is one fire services budget. The oversight by the Fire Commission of multiple
VFD's budgets and expenditures is eliminated.
• County Fire has a current master plan to serve as a planning document and will be
providing goals, objectives, and benchmarking as a part of the annual budget process.
Fire Services will be providing updates to the plan periodically. Having a master plan
will give the County additional constancy over numerous years and provide budgetary
stability.
• New Hanover County has adopted the North Carolina Fire Code as a model code for fire
prevention. With the model code New Hanover County will be similar to other counties
and states in enforcement of fire codes.
In closing, the mission and goals of the Fire Commission have altered extensively since
inception and since New Hanover County is the sole provider for fire and rescue service, staff
recommends dissolution of the Fire Commission as it currently exists.
Board of Commissioners Meeting
10/18/2010
18 -1 -1
Commission for Women
The New Hanover county Board of Commissioners gave its endorsement to the council on
the Status of Women on March 6, 1978. City supported name change to commission for
Women on July 25, 1989; County endorsed name change on January 22, 199'1.
Concerns:
1. Commission not supported by City or County staff -- no oversight
a. County provides no funding
2. Commission not accountable to County for fund raising and expenditures of funds
3. commission does not provide advisory capacity for any county department as other
County boards — Inspections, Museum, Library, Parks, etc.
4. Commission not mandated by general statutes (County not required to appoint)
a. Mandated boards -- Planning, Health, DSS, Zoning, etc.
5. No direct responsibility to county
6. County does not use or require Commission for policy- making decisions
a. commission can provide reports without having appointments made by
elected officials
7. Frequent turnover in board membership
8. commissioners' Office does not receive letters of resignations or written notifications
of members not attending
9. Commission has not responded to chairman Thompson request of December 2609
for updated address and contact information
a. No continuity in who to contact because of failure to notify commissioners'
Office of new officers, etc.
10. Commission's roster of members is not the same as county's list of members
a. Some members were not notified of meetings and not included on mailing list
because of nobody keeping up with county's correspondences on
appointments
b. Members continue serving after terms expire
c. Members serve without being duly appointed
11. commission has not complied with county's request for minutes to be scanned for
NHCGOV.com web page
12. No appointments made by the beach communities as stated in by -laws
Commission may operate as any other organization and does not require appointments
by commissioners to function
Purpose: Serves as a resource for women and families to improve their quality of life; to
encourage the development and potential of women; to promote public awareness of women =s
needs, issues, and achievements; to play a leadership role through coalitions with other
women =s and civic organizations; to serve as advocates for change concerning the status of
women; to conduct research and assemble information to determine the status of women; and
to report and make positive recommendations regarding the status of women to the New
Hanover county Board of Commissioners, Wilmington City council, the Wrightsville Beach
Board of Alderman and the Carolina and Kure Beach Town councils.
Board of Commissioners Meeting
10/18/2010
18-2-1
NEW HANOVER COMMISSION FOR WOMEN
Number of Members: 17
7 Appointed by County Commissioners
7 Appointed by City Council
3 Appointed by Town Councils of Carolina, Kure, and Wrightsville Beaches
Term of office: 3 years - may not serve more than two consecutive terms without an
intervening period of one year.
Regular Meetings: Second Thursday of each month at 8:30 p.m. in the small conference
room of City Hall, 102 North Third Street.
Action Creating Commission: County Commissioners gave its endorsement for the Council
on the Status of Women on March G, 1978; endorsed name change on January 22, 1991. The
Board approved change in Term of office to three years on February 21, 1994.
Purpose: The Commission for Women serves as a resource for women and families to
improve their quality of life; to encourage the development and potential of women; to promote
public awareness of women's needs, issues, and achievements; to play a leadership role
through coalitions with other women's and civic organizations; to serve as advocates for change
concerning the status of women; to conduct research and assemble information to determine
the status of women; and to report and make positive recommendations regarding the status of
women to the New Hanover County Board of Commissioners, Wilmington City Council, the
Wrightsville Beach Board of Alderman, and the Carolina Beach and Kure Beach Town Councils.
Board of Commissioners Meeting
10/18/2010
18 -2 -2
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Amy L. Feath
First 2/18/08
5/31/11
3027 Remington Drive
Wilmington, NC 28405
232 -5559 (H) 392 -6936 (W)
Teresa G. Goldston
First 5/17/10
5/31/13
4801 Oberbeck Way
Wilmington, NC 28409
350 -0629 (H)
Jennifer B. Hams
First 5/17/10
5/31/13
317 Colonial Drive
Wilmington, NC 28403
343 -1266 (C) 343 -8600
Deborah Dicks Maxwell
First 5/17/10
5/31/13
121 Jamaica Drive
Wilmington, NC 28401
341- 7563(H) 253- 2292(W)
Tamara Susan Mercer, Chair RESIGNED 10/6110
First 5!19/08
5/31/11
2801 Swartville Road
Castle Hayne, NC 28429
(910) 200 -6364 (C)
Board of Commissioners Meeting
10/18/2010
18 -2 -2
NEW HANOVER COMMISSION FOR WOMEN (CONY.)
Revised: 10/1 2/2010
Board of Commissioners Meeting
10/18/2010
18 -2 -3
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Lisa Thompson McDow RESIGNED 8/9/10
First 5/18/09
5/31/12
P.O. Box 2541
Wilmington, NC 28402
392 -2594 (H) 512 -5312 (C)
Khalilah Thrower Olokunola, Vice -Chair
First 7/23/07
5/31/10
8403 Riesling Avenue
Second 5/17/10
5/31/13
Wilmington, NC 28411
319 -32721 (H) 646 - 483 -6568 (W)
City Repre"inUtives
Julia Boxley
First 6/19/07
6/1/2010
316 Smallwood Court
Wilmington, NC 28411
616 -5071 (H)
Patricia Carroll
First 6/16/09
6/1/2012
6005 Caddy Circle
Wilmington, NC 28405
399 -1251 (H) 256 -2471 X100 (W) 465 -1001
Jennifer Fernandez -Villa
First 4/20/10
6/1/2013
8625 Plantation Landing Drive
Wilmington, NC 28411
599 -5353 (H) 962 -7009 (W)
Lashana Flood, Treasurer
Second 2/16/10
6/1/12
426 Sharon Drive
Wilmington, NC 28409
395 -5955 (H) 473 -0394 (W)
Alisa Harris
First 3/23/10
6/1/13
515 South Second Street
Wilmington, NC 28401
232 -0188 (H)
June Lederle
First 6/1/07
6/1/10
6219 Riptide Drive
Second 8/17/2010
6/1/2013
Wilmington, NC 28403
256 -0715 (H)
Kim Nelson
First 4/20/2010
6/1/13
8703 Thornblade Circle
Wilmington, NC 28411
686 -9904 (H) 558 -2389 (W) 512 -8184 (C)
File: /Women
B/C #6: 5.10
Revised: 10/1 2/2010
Board of Commissioners Meeting
10/18/2010
18 -2 -3
NEW HANOVER COMMISSION FOR WOMEN (CONY.)
Carolina Beach Representatives
None
Kure Beach Representatives
None
Wrightsville Beach Re resentatives
None
Revised: 10/12/2010
Board of Commissioners Meeting
10/18/2010
18 -2 -4
This page intentionally left blank.
COMMITTEE APPOINTMENTS
1. Appoint 2 new members: 3 year terms - 6/30/2013
2. Set Compensation of Board Members
SECTION 11. G.S. 1813- 700(g) reads as rewritten: (Effective October 1, 2010)
"(g} .Compensation of [ABC] Board Members. -- A local board member mau be
. shall receive compensation in an
amount not to exceed one hundred fifty dollars ($150.00) per board meeting unless a different
level of monetary compensation is approved by the appointing authority. If a different level is
approved by the appointing authority, the appointing authority shall notify the Commission of the
approved level of compensation in writing. Any change in compensation approved by the
appointing authority shall be reported to the Commission in writing within 30 days of the
effective date of the change. No local board member shall receive any n_onmonetar�
compensation or benefits unless specifically authorized by this section."
APPLICANTS
Dennis E. And rison
Alicia (Lee) Arvidson
John R. Babb
Brian Berger
Richard E. Canizaro
Thomas F. Cavenaugh, Jr.
John M. Coble
Robert (Robby) Green Collins, Jr.
Augustus Codington Everett, Jr.
Francine M. Good
Judith A. Grizzel
Richard Hoffmann
John Hogan
R. J. Hogan
Thomas V. Huse
Kevin Warren Johnson
Robert W. Martenis
John F. Melia
Jesse J. (Jimmy) Thomas
James L. Turner
ELIGIBLE FOR
REAPPOINTMENT
Board of Commissioners Meeting
10/18/2010
18 -3 -1
l iw ,•.0
r fi
NEW HANOVER COUNTY
LEGAL DEPARTMENT
MEMORANDUM
TO: Board of County Commissioners
FROM: Wanda M. Copley, County Attorney � %*'�'
RE: Appointment of Additional ABC Board Members
DAVE: September 1, 2010
The General Assembly enacted legislation that enables the County Commissioners to increase
the ABC Board from three to five members. The law becomes effective October 1, 2010. The
two additional members shall serve three year terms.
The Board of Commissioners should decide if it wants to add two members, and if so, if you
wish for the Board members to have any specific expertise. The legislation does not require that
ABC Board members have an expertise in any particular areas, but the Commissioners can
choose to appoint citizens with backgrounds that would be in the best interest of the ABC Board.
I would suggest that the Commissioners discuss the additional appointments and if desired, direct
the Clerk to advertise for the positions.
Copy: County Manager
Clerk to the Board
Dan Sykes, CEO NHC ABC
Board of Commissioners Meeting
10/18/2010
18 -3 -2
NEW HANOVER COUNTY
ABC BOARD
Number of Members: 3 - Chairman designated by County Commissioners
Term of office: Three years - may be reappointed
Regular meeting: Third Thursday of each month at 8:30 a.m. at the ABC General office, 523 S. 17th
Street, Wilmington, NC.
Compensation: Compensated by profits with amount set by County Commissioners. The last
increase occurred on November 27, 2000: $250.00 per month for Chairman and $200.00 per month
for members.
Statute or cause creating Board: N. C. General Statutes 18B -700;
Qualifications: Appointed on the basis of appointee's interest in public affairs, good judgment,
knowledge, ability and good moral character.
Brief on the functions: 1) Establish stores and adopt local policies. 2) Set budget including
employees' salaries. 3) Hire general manager to oversee day -to -day operation of the system. 4)
Buy or lease property for the system. 5) Review reports and perform other duties in accordance
with 18B -701. 7) Board is an independent entity of the State.
CURRENT MEMBERS
TERM OF OFFICE
APPOINTMENT
EXPIRATION
Cedric Dickerson
First 5/3/10
6/30/2012
356 Harlandale Drive
Wilmington, NC 28411
686 -2764 (H) 617 -8389 (C) 395 -4064 (W)
David I. Matthews
First 4/19/10
6/30/2011
1523 Landfall Drive
Wilmington, NC 28405
256 -3271 (H)
Thomas Wolfe, Chairman
First 4/19/10
6/30/2013
3739 Reston Court
Wilmington, NC 28403
392 -0654 (H) 228 -8569 (C) 784 -9800 (W)
Ex. Officio: Avril Pinder, Finance Director
Appointed 4/19/10
New Hanover County
Dan Sykes, Chief Executive Officer (4/2010)
P.O. Box 3036
File: /ABC
Wilmington, NC 28406
B/C #1 - 4.10
910- 762 -7611
Revised: 5/4/10
Board of Commissioners Meeting
10/18/2010
18 -3 -3
New Hanover County
Board of Commissioners COMINUT°TEE APPUCATION
%ard/Commfttee: Al co h o lic Beverage Control Bo ard
Name: Dennis E. Andrisor
Home
Address: 7 Lost Tree Rd . Wilmington, NC
28411
1ZipCodel
MaHng Address if different=
E MaU Ad. s : dandri sonOO10 ea . rr . com
Home Phwe. 910- 686-3549 Fax. C 910 --61 - 0146 B usiness:
Years Living in
New Hanover County: 13 Neale: � Female: Rac caucaaian Age: 53
F.mplsyer.
Self Fasployed ( inform aries for tht pur pet of assur ism a crass s "tio■ of tine c om manity)
(A person currently employed by the agency or depertment for which this application is made, must resign hiis/htr position with New Hanover County
upon appoin tm en t, in a cc or dam cc with Artic k V I. Sec tin o 4 of the New Hue ve r C on oty Pe rson me 1 Po key.)
oempation. Sole proprietor of my own business/ semi retired
Professional Activities: None
230 Government Center Drive
U=te A ;`�
Wilmington, NC 28403
T'ek -phone: (91M 798 -7149
Fax: (910) 798 -7143
Volunteer Activities: Donating my time and talents to individuals wi needs
Why do you wish to serve on this bwrd /committee? I feel violated by government and I want to become
involved to the fullest extent of my abilities to help change the direction we are headed.
Contikt of AmWest 1 aboard member believes he/she has a conffct or potential conRict of interest on a partiiCular issue, that member should state this belief to the other
members of his respective board during a public meeting_ The member should state the n of the conflict detailing that helshe has a separate_ private or monetary
Interest, either director indirect, in the issue under consideration. The member should then excuse himself herself from voting on the matter.
What areas of concern would you like to see Addressed by this committee? Institute vis i bl e and achie
metrics of performance in operations, and personal.
Qualifications for serving: 26 years of operational management culminating as Operations VP
including sick operations rescues and manufacturing facili design and implementation
Other municipal or county boards /committees an which you are serving: None
List three local personal references and phone numbers:
10 Frank Grant US14C retired 5029 Crosswinds Dr. Wilmington, NC 28409 910 -392 -5084
2. Richard L- Martin 6424 Hawkabill Drive Wilmington, NC. 910-392-7545
3. Margare Por ter 1 Fo rest La
Date:
J anuary 14 , 201 91 �ti tit
g
Applications are irtp t an k g a nrhs
JAN 142010
NEW HANOVER CO
8D. or Co MiSSIONFR.
t"I 28401 910 - 264 -91
Use rtverst si4e for additional com men rs
Board of Commissioners Meeting
10/18/2010
18 -3 -4
NEW HANOVER COUNTY . 4
R
BOARD OF COMMISSIONERS '
230 Govemment Center Drive, Suite 175 :F
Wilmington NC 28 403 COMMITTEE Telephone (970) 798 -7749 APPLICATION
FAX (910) 79 8-7745
BoardlCommittee: New Hanover County ABC Board
Name Alicia (Lee) Arvidson E.mai1: a rv i dOO 1 @ earthlink . net
Home
Address: 429 Biscayne Drive Wilmington 28411
( St reet) Code
Mailing Address if different:
(City)
Home Phone: 910 686 - 3145 Fax:
Cell. 253 -350 -5399
Years living in
New Hanover County: 10 Male: Female: V Race Caucasian
(Information for the purpose of assuring a cross - section of the community)
Employer. Re tired
(Zip Code)
Business:
Age: 68
A person currently employed by the agency or department for which this application is made, must resign his/her position with
New Hanover County upon appointment, i'n accordance with Article V1, Sec. 4 of the New Hanover County Personnel Policy.
Occupation: Healthcare Administration
Professional Activities: Past National President AoRN, Past member NC Perfusionist Board, FACHE
Volunteer Act ivities: pop Warner Football, Supper optimist Baseball
Why do you wish to serve on this boardVcommitt To bring diversity and a thoughtful, organized
approach to the Board with emphasis on customer service and accountability.
Conflict of Interest: If a board member believes he/she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other
members of hislher respective board during a public meeting. The member should state the nature of the conflict, detai'li'ng that he/she has a separate, private, or monetary
interest, either direct or indirect, in the issue under consideration. The member should then excuse himselflherself from voting on the matter.
What areas of concern would you like to see addressed by this committee? Lack of transparency,
accountability
Qualifications for serving 30+ years of organizational leadership, previous board experience,
exceptional budgeting skills, including resource allocation, salary determination.
Other municipal or county boardslcommittees on which you are serving: None
List three local personal references and phone numbers:
T Louis Warren 910- 772 -8856
2. Rachael Gromlowicz 910 -686 -9517
3. Scott Burge 910- 443 -1499
Date 09/09/2010
Applications are kept on file for 18 months
Please use reverse side for additional comments
Signature
Fn�) E k`o�
FPn
W1
S EP 2 1 2010
U
BD. OF COMMISSIONERS
1 understand that this Jppoiptm6 at the pleasure
of the New Hanover County Board of Commissioners.
Board of Commissioners Meeting
10/18/2010
18 -3 -5
02/17/2010 09:12 8437406637
New Hanover County
Board of Commissiouers
Board/Comn�ittee: ABC aDARD
COMMIT'T'EE APYLT.CATTON
PAGE 02/03
238 ()overnmcm Center Drive
S1tit 175
w+irnington, NC 28443
1'c le0)Onc.: (9 i1) 79R•7149
Fax: (9 x p) 79R -7145
Name; John R. Babb _
Ho me
Address: 7 401 Promontory Court Wilmington 28412
(S treat)
(city) (Zip Code)
Mailing Address if different:
- �1►�ait� Address: Retired �4par @bellsouth . net
Home Phone: 910.274 - 8508 Fax:
Celt:
Business:
Years Living in
White Age; 62
New Hnnover County: 90+ Male: Female: Race:
(information f the p of rpaurinr. x erne iect of th community)
Employer-, u. -$' Customs and Border Protection
(A perean tin rrestly employed by the Peency or depot rtmcnt fnr whlch thin applleatlen Is mule, must reoxv Im /her potitime with New Hanover ['onnty
upon appointment, in accordance with ArelOr Vi, Seeflnn 4 or the New iianover c an aty ire rtonnel raiiey.�
0CCtlpadow Enforceme Instructor
Professional Activities: No
Volunteer ActivitieI . None
Why do you wiflh to scree on this board/committee? Us my experi and kn owledge to rei n q ti l l tru $ t
by the citizens of NKC in both the county government and the ABC system.
Go►nlNef ofInterast, if n hnnrd momb*r hatioves ho 1 she nae a candle( or poientlet c onfl i ct o r interest on s panicula iscuu, Ihel mombar a ldu)d Slato thus 0 0110 f lo me other
mamdors or we / her roepocovo DOA dUrinp a ptrblic m9e(Inq, me me sn ou w s tip t9 tha nPtu or Cite co WHO, deteiiinq diet It has a sop are to, p r i vate or mano
in tore st, either Qlrecr or Indirect. In the I S $Ue 0 r:d+9r rort .Idara (ion , rhs m9mhtar ,ghnuld thou ourusop himzq glf /herself fro m vOn9 on the metter
What areas of concern would you like to see addressed by this committee? MiOvO f rom a dark era of m
and critiem to positive change through improved fiscal and e thical responsibilities.
QuAlfficatio s for serving: �I am particularly qualified to contribute in creating a performance
based culture based on strategic planning and leadership.
�.��� row wwwrwn +�rwA
Other municipal or county boards /committees on which you are serving: Non _.
nr, [ r p�
II_ I
IfWw.. FR NyfM -!_/M �r+1A .f�N►. H>_
List three local personal reftrenccs and phone numbers:
7 L
Mr. William (Bill) Stanfield 791. 6753 FEB 1 2010
�
Dr. Ptichard Corbett 343.9991
Mr. William O'Shea 509.3141
Date: Fe bruary 17 r 2010 Signature: 4•..
. ..........."A ter._., �r...r _
Applicatioxt are kept twin rile for 18 me nthc Ucr rcvc o Plde for additional com Montt
Board of Commissioners Meeting
10/18/2010
18 -3 -6
New Hanover County 234 Government Center Drive
Board of Comnussioners COMMITTEE APPLICATION Suite ; 5
7 , c 28403
Telephone: (910) 798 -7149
Fax: (910) 798 -7145
Board /Committee: ABC Board
Name: Brian Berger
Home
Address: 527 Commons Way
Wilmington
(Street)
Mailing Address if different:
&Maif Address: brianberger56 @yahoo. com
(City)
Hcwne Phone: 431-31 Fax:
Years Living in
New Hanover County: 6
Cell:
28409
(Zip Code)
Business:
Male: *' Female: Race: A ge: 32
(Information for the per pose of assur ing a cross section of the c om m ■n ity)
Employer: AISI
(A person currently employed by the agency or department for which this application is made, mast resign his/her position with New Hanover County
apes appoistoeat, in accordance with Article VI, Sectioa 4 of the New Hanover County Personnel Policy.)
Occupation: Association Management and Marketing; Public Policy; Business administration
Professional Activities: American Marketing Association, Public Relations Society of USA, NAM
Volunteer Activities: spacial Olympics, various civic and community organizations
Why do you wish to serve on this board/committee? Improved communication with the public, creative
approach to problem solving and opportunities would benefit he ABC Board
Confikt of Intent I's boer+d member believes he has a coa ilrct or potential conflict of interest on a particular issue, that member shouldstale this beliefto the other
members of his I her respective board during a public meeting. The member should state the nature of the conflict, detailing that he /she has a separate, private or monetary
interest, either director indirect, in the issue under consideration. The member should then excuse himself/ herself from voting on the matter.
What areas of concern would you like to see addressed by this committee? Better communication with citizens;
Consistency in planning and actions of Board; balance opportunity realization w /concerns
Qualifications for serving: Expertise in public policy and communicating programs and goals to the
public. Sound judgement to facilitate long -range planning and generate buy --in from public
Otber municipal or county boards /committees on which you are serving:
NH Scattered Site Housing C ommi ttee ( currently inactive)
List three local personal references and phone numbers;
1. Ann Griffith 686 -7481
2. Pat Delair 204 -6884
MAY 2 8 2009
3. Joe Rumsey 509 -9359
Date: May 20, 2009 Signature:
Applications are kept an file for 18 months se reverse side for additional comments
Board of Commissioners Meeting
10/18/2010
18 -3 -7
03/02/2010 TUE 13:13 FAX PT in Accounti mg
New Hanover County
Bo ard ol `Commissioners CO TEE APPUCA'IO
Boa rd /Committee: ABC
2001/001
230 Government Canter Drive
state 175
Wilmington,NC 28403
TeVg6one: (910) 798 -7149
Fax: (910) 798 -7145
Dante: Rimed S. Owniza ro
Home
Addms: 330 Notting - lane~ Wilaxim9ton 29409
(Street) (City) (Zip Code)
Mailing Address if different:
E-Mail Address: rebrec @aol. , cam
Home Phone 910 45 2 - 2 661 Fax: Cell: 910 352 - 2 054 Business:
Yeah Lid bg it
New Hanover County: 16
Male: Female: Race: White
,
.� Age 57 ,
41a€nsw 16 r. 6epai405a of asawia8.a seaas aeetion of tic coftass
Employer: RJNC
(A person corm try taapfoyed by the steaey or depaarfumf for white this appficati4a is anade, anst resin #isomer position with New Raaover Cwnty
upon appointmcc t, in accor dam cc with Artitle V1, 5ectba 4 of the New H &sover County Personnel Policy.)
Occupation.: financial Analyst
Professional Activities Former Hoard of Directors - Vicksburg Jaycees, Miss Mississippi Pageant
Volunteer Activities: Chairperson -- St. Mark Parish Council, Lay minister, Catechi s t
Why do you wish to serve on this board/committee? I bel4 e,ve my financial experience, honesty and
:Lntegerity would help thle board get back the pnhixc resp
Confliet of fatorest I aboard member believes he /the has a confect or pQAsntial conflict of interest ors a particular issue, that member should stare this beliefto tree othw
members of his 1 her respective board during a public +nesting. The member should state the netwe el the c+ontbct, detailing that helshe has a separate, private or moneFssy
Interest, either director indirect, in the issue under consideration. The member should then excuse himself /herself from voting on the ma lfer.
What areas of concern would you like to see addressed by this committee? Bid processes, underage drinking
Purchasing policies for liquor, awarding o:f licenses
Qualifications for Serving: 35 Fears accounting experience and, in my opinion, my honesty and
willingness to do the right thing
Other municipal or county boards/committees on which you are serving: N one
List three local personal references and phone numbers:
1. Pat Howey 395 -1452
Z. Beth Harkeom 452 -9306
��Li•ili•ki.i.��i �l�ii�lr��
3. Rod Richardson 407-852-92213
U2 te: _? 1 -,?a /e
Applications are Dept on We for 18 anonths
Board of Commissioners Meeting
10/18/2010
18 -3 -8
Use reverse side for additioaal coin men is
Richard E. Canizaro
330 Nottingham Lane
Wilmington, NC 28409
(910) 352 -2054
Professional Experience
February 2004 to RJI
Present Accountant
Responsible for audit review of 90 stores in 19
states. Maintain fixed asset database, property tax
returns, credit banking, financial statement review,
account analysis and reconciliation and monthly journal entries.
August 1999 to Bechtel
December, 2003 Accounting manager/Training Manager
Responsible for all accounting activities for multi - million dollar
steam generator replacements. Acted as interface with regional
offices on accounting, billing, and human resource issues.
Accountable for the hiring and training of over 1000 temporary
hires.
October, 2000 to BECHTEVBECON (interim assignment)
December 2000 Assisted in the development of cost reimbursable agreements
and subsequent implementation on power plant construction.
Managed payroll and timekeeping staff.
June, 1993 to BeconlBechtel
August,1999 Accounting/Automation Manager
Responsible for all accounting, procurement, and computer
functions on Maintenance /Modifications contract for three
nuclear power plants. Oversaw the set up of Accounting and
Computer Systems throughout the jobsites.
March 1985 to Bechtel
June, 1993 AccountingtHuman Resources Manager
Supervised all functions of accounting including accounts
payable, accounts receivable, general ledger, payroll, and
preparation of financial reports. Administered Bechtel
Human Resource policies and procedures.
June, 1974 to Bechtel
March, 1985 Accountant:
Rotational accounting assignments including accounts payable,
accounts receivable, payroll, general ledger, par, auditing and
financial report preparation.
Education
Cape Fear Computer Center ExceVWordNVindowslAccess /lnternet Usage /Microsoft Office
ICS Computer PC Repair
Essential Seminars PC Troubleshooting /Advanced PC Troubleshooting
Golden Gate Univ. Business Management Certification
Univ. of Mississippi BBA, Banking and Finance
Board of Commissioners Meeting
10/18/2010
18 -3 -9
01/16/2010 04:20 JAN I CE CAVENAUGH 4 7987145
N❑ . 6 56
New Hanover County 2.111 Governivient Cevitcr Drive
Board of Commissioners CO�f:1V TTTEE APPLICATION Wit nv
� Vu t1rn��►btnn.NC 2840
Tdophone! (` 798 -7149
Pax: (910) 799-710
�oal•dlCatnmittec f Alcohol Beverage Control Board
Name: Thomas IF . Cavanaugh, Jr . .
Home
Address: 3549 iris Street, Wilmington, NC 28449
Is
fitrec(I (Xip Code)
Mailing Address if different:
E - Mail Address: appra'sQca @aol . con
Home Phone 910 -799 -5907 Fax: 910-452 -5981 Gel[: 910- 262 -5907 Business: 910- 791 -4544
t'ea rs Living in
New Hanover Court : 54 Male: Female: floc: Caucasian Age; 64
0oform stion fur the rurp(1se ara p c rass auction of ibe cmmn)un[ty)
Employer: S elf
(A perv curren (ly vmployed Iwy the sgel#cy or r)epartme)►t for %hick this application Is matte, mast reslea hlslller posilloo with New HAnever (:aunty
cupola app oilitn►ca►, in accorda i vilh Artick V1. Seclinii 4 or the Ncw Raitovcr Cott nly PersomOel Palley.)
occup Real E Appraiser
Professional Activities;
Volunteer Activities: Meals on Wheels , American Legion, Wrightaboro Baptist Church
W hy do you wish to serve an this board/committee'? I ' d ' "15 . to serve my c omm une, try
Confl of lnteroat a board memaer bblievos lib she ho5 s conf�c( or porenteal confiicr er M1ara�r one partrovier issue, that member shouldsrete this ba erlo lho other
members o f A f her respecilwo board during a public m poling. rho n1amb❑r sho aid 5to16 1 119 Ralure of 1h confl►ct dalaffing in at hol she has a separate, p0vete C monetary
interest, eilher dirb or Indirect, i lne issuc under con zide(arion. The m amber Viou16 then axcus himsa/(/ ryorselt from vatlnp DA Ift mvl)br.
What areas of concern would you like to see addressed by this committee`' Fiscal responsibility and
supervision of a very vital organization
Q�la iifi ea tinn5 f[11 serving: a. employed of a thriving business for 25 years
Other municipal or county boards /committees on which you are serving,
List three local personal references and phone numbem:
f . Bruce Cavenaugh 520-4937
2, 3udge J ay B o ckexibury 199-4105
3- Alan Solan 251 -2272
plate: January 15, 2010
AprliC26066 arc kept an ro le far 1 6 mon►he
JAN 1 5 2010
NE NAN ►rER CO
J , f
fL65
low
Signatur (/00—
Use rovcrSc vicle ror a4attia at oin [s
n/a
Board of Commissioners Meeting
10/18/2010
18 -3 -10
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
230 Government Center Drive, Suite 175
C r
W �
Wilmington NC 28403 COMMITTEE APPLICATION
Telephone (910) 79 8-7149
FAX (910) 79 8-7145 -'e'N p +�, . �, S� p P P d � Y�, � "� L
IM C'b le L Id yes 5" Vi OVA
Board /Committee: FOlvKS HA Ah Sbvi.l 13d
Name: To N E -Mail: co � , J�O� Wi �
Home .0001
Address: o �,� �� - /a OW
(Street) (City)
Mailing Address if different:
nr- e. Z 6 spa
(Zip Code)
(Street)
(City)
(Zip Code)
Home Phone: �l /� '7f 6 d6 7 Fax: /0 - 7!j C 9 -C7 Cell: J/0 • el9 --Z j?sq Business:
Years living in NH County: 6 Male: A - Female: Race: !.AI/ Age: 20
(Information for the purpose of assuring a cross - section of the community)
Employer: e /&' A X 0/
(A persorfcurrently employed by the agency or department for which this application is made, must resign hislher position wit h
New Hanover County upon appointment, in accordance with Article VI, Sec. 4 of the New Hanover County Personnel Policy.)
Occupation:
Professional Activities:
Volunteer Activities:
MOM
to e
Why do you wish s erve on this board /committee? % r ��� 7�
s
Conflict of interest If aboard member believes helshe has a conflict ffrpolential conflict of interest on a particular issue, that member should state this belief to the other
members of hislher respective board during a public meeting. The member should state the nature of the conflict, detailing drat helshe has a separate, private or monetary
interest, either direct or indirect, in the issue under consideration. The member should then excuse himselflherself from voting on the matter.
What areas of concern wo n rn w Id ou like to see addressed by this committee? �c d � �''� 7/
Qualifications for serving: Ke7rr�- : v 'b
v
�4 Q o
Other municipal or county boards /committees on which you are serving:
A 04
4 00000
Please list three local personal references and phone numbers:
1. A A j iv, � g5 ;r'n'&X ir A-
2.
3. � � 10&.j
Date: Signature
4 PPF1q6ti0As are kept on file for 18 months
I D
r)
L U ! JA N 8 2010
NEW HANOVER CO
,-n k --- BD Q211,M1SSj0NFR4z,
lease use reverse side for additional comments
Board of Commissioners Meeting
10/18/2010
18 -3 -11
New Hanover County
Board of Commissioners
230 Government Center Drive
COMMITTEE APPLICATION suite 175
Wilmington, NC 28403
Telephone: (910) 798 -7149
Fax: (910) 798 -7145
Board/Committee: ABC Board
Name: R obert "Robby" Green Collins. Jr
Home
Address 1005 Bay Branch Circle, Wilmington, NC 28405
(Street) (City)
Mailing Address if different 21 5 Racine Drive, Suite 101, Wi lmi gnton , NC 28403
E -Mail Address: robbyc olli@aol.com
Home Phone: 9 10- 470 -5500 Fax: 910 -799 -0663 Celk 910- 474 -5500 Business: 910- 799 -0699
Years Living in
New Hanover County: 35 Male: Female: Race: Age: 35
(Information for the purpose of assuring a cross section of the community)
Employer C ollins & Collins Law Offices, PLLC
(A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County
upon appointment, in accordance with Article VI, Section 4 of the /Yew Hanover County Personnel Policy.)
occupation:
Attorney
Professional Activities Precinct Chair (GOP) , North Carolina State Bar
Volunteer Activities Wilmington Rotary, Azalea Festival Parade Chair
Why do you wish to serve on this board /committee? In order to bring a new perspective to a board
tr l by o members and work to maintain local revenue.
Conflict of Interest: if a board member believes he / she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other
members of his/ respective board during a public meeting. The member should state the nature of the conflict, detailing that helshe has a separate, priva or monetary
interest, either direct indirect, in the issue under consideration The member should then excuse himself/ herself from voting on the matter.
What areas of concern would you like to see addressed by this committee? Corruption has been a
I will provide dedicated leadership w/o compensation to keep local revenue in the county.
Qualifications for serving you ng (35) , highly educated, see from dif ferent perspective ,
10 yrs experience as small business owner
Other municipal or county boards /committees on which you are serving: This will be my first experience
serving the community in any capacity
r t
n n
List three local personal references and phone numbers:
1. District Attorney Ben David - 341-1444 (12 years) F E B 1 1 2010
2. Judge Sandra Criner - 341 -1124 (18 years) NEW HAmOVER 60
3.
Doctor James Wortman - 251 - 9679 (30 years) 80. 0F rnv..mM
Date: F& r c) Signature:
Applications are kept An file for 18 months Use reverse side for additionaI com men is
(Zip Code)
Board of Commissioners Meeting
10/18/2010
18 -3 -12
"ROBERT G. COLLINS, ATTY
ANDREW W. COLLINS, ATTY
COLLINS G:) COLLINS
LAW OFFICES PLLC
215 RACINE DRIVE, SUITE 101
WILMINGTON, NC 28403
P: (910) 799 -0699 F: (910) 799 -0663 CCLAW@CollinsandCollinsLaw.com
February 3, 2010
Commissioner Chairman Jason Thompson,
Commissioner Vice- Chairman Jonathan Barfield, Jr.,
Commissioner Bill Caster,
Commissioner Ted Davis, Jr., and
Commissioner Robert G. Greer
230 Government Center Drive, Suite 175
Wilmington, NC 28403
Dear Commissioners:
I am writing in response to your ABC Board County openings. Through local media coverage,
research through your county commissioner web -site and speaking with you individually, I
understand that the three open ABC Board positions will be filled with new members over the
next several months. At this stage of my career, I am looking for a position in the public sector
that will allow me to utilize my practical legal knowledge, academic background, client
development experience and community interests to become more involved in our community.
As a qualified voter of New Hanover County, residing at 1005 Bay Branch Circle, Wilmington,
NC 29405, please find and accept my attached Resume and Application for this position on the
New Hanover County ABC Board.
Venturing into solo practice straight out of law school, I have participated in all of the back -
office operations of a law firm. For ten years I have successfully managed all legal and business
aspects of my local family operated law firm specializing in real property law. This has
allowed me to better appreciate the pressures that managers feel and how to handle almost any
situation that may arise on the day to day management of a county board. As the founding
partner of Collins & Collins Law Offices, PLLC, I place great emphasis on ethical, professional,
and personal advocacy, and for this reason achieving and maintaining outstanding staff and client
relations are a few of my greatest strengths. Since 2000, my law practice has grown from one to
six employees, and I have expanded the firm's practice areas to meet the progressing needs of
our clients.
In my professional capacity I have had the opportunity to work with a multitude of diverse
individuals in all types of situations -- working with business people as well as city and county
employees. These relationships along with my background in engineering and real estate law
will help me be an asset to the City Council from my first day.
Board of Commissioners Meeting
10/18/2010
18 -3 -13
My educational background includes a law degree from wake Forest School of Law. Prior to
law school, I graduated from NC State with an engineering degree, and before that I was the
third generation of my family to graduate from New Hanover High School.
As a local small business owner I require economic prosperity in our community to succeed. I
understand and welcome the challenges facing the ABC Board at this turning point. In my
opinion this period in respect to the ABC Board is crucial to our county's success and growth. It
P
s of great concern to me that this Board be managed correctly, because I understand how
important it is for our county to maintain control of the ABC Board and the revenues it creates.
I am not applying today to kickoff a career as a life long politician. Like you all, I want to serve
New Hanover County. As a real property attorney, New Hanover County and its residents have
been generous to me over my career, and now, I find myself with a great opportunity to give
back to the Community.
I know there will be hard decisions coming before the ABC Board over the next several months.
Because I have no plans to run for office next year, I'm ready and willing to make those hard yet
necessary decisions to help secure a brilliant future for the county I love.
Please consider me for the New Hanover County ABC Board. I look forward to the prospect
of bringing my interests, educational background and prior legal experience managing hundreds
of clients to benefit the New Hanover County ABC Board. Please feel free to contact me at your
convenience to arrange an interview.
Sincerely,
Robert "Robby" Green Collins, Jr.
Board of Commissioners Meeting
10/18/2010
18 -3 -14
ROBERT GREEN COLLINS, JR.
215 Racine Drive, Suite 100 • Wilmington, NC 28403 ■ 910- 470 -5500 • robbycolli@aol.com
PROFILE
Accomplished attorney with exceptional ability to meet objectives and apply sound legal and business judgment
in high- demand, fast -paced environments. Proactively avoid and solve problems with excellent mediation,
conflict resolution, risk management, negotiation, oral advocacy, research, and writing skills. Vast experience
managing and maintaining highly demanding client base. Significant contributor to law firm marketing and
client development activities.
■ Admitted to practice before the North Carolina Bar (2000); New Hanover County Bar Member
PROFESSIONAL EXPERIENCE
Collins & Collins Law Offices, PLLC, Wilmington, NC
Founding Partner, Fall 2004- Present
Started and expanded a successful taw practice in a highly competitive coastal area with a large per capita of attorneys.
Drafted technical legal documents including contracts, corporate operating agreements and bylaws, deeds, wills,
estate documents, and foreclosure proceedings. Engaged in substantial interaction with clients. Effectively
conveyed complex information, diffused difficult situations, and developed creative resolutions to disputes.
• Evolved solo practice to six- person multi- disciplinary practice focused in the fields of corporate, real
estate, finance, wills, estates, civil litigation, criminal, foreclosure and intellectual property.
• Developed and retained hundreds of clients through personal interaction, experience, and marketing.
• Assisted and advised multiple business clients on multimillion- dollar ventures including a business plan
for raising capital from corporate and individual investors to complete construction of 65 homes during a
banking credit freeze; the purchase and future development of 440 acres of commercial and residential
land; the development of a five building condominium complex; and the transition of a bed and breakfast
into 143 individually owned fractional units.
Assisted and advised multiple clients in million - dollar settlement agreements with banks, partners and
former partners on non- performing assets under stressed financial circumstances.
• Conducted thousands of residential and commercial real estate transactions while representing multiple
banks, realtor associations, developers, contractors and individuals.
New Hanover County District Attorney's office, Wilmington, NC
Summer Associate, Summers 1998 and 1999
Conducted legal research for criminal cases. Analyzed case files to assist assistant district attorneys prepare for
criminal trials and pleas. Assisted in interviewing victims and witnesses. Made crime scene visits with assistant
district attorneys and detectives to understand cases and speak to potential witnesses.
Tried multiple misdemeanor cases.
Currin Law Firm, Raleigh, NC
Student Intern, 2006 -2007
EDUCATION
Wake Forest University School of Law, Winston- Salem, NC
Juris Doctor, May 2400
North Carolina State University, Raleigh, NC
Bachelor of Science, Textile Engineering, May 1997
0 Textile Merit Scholarship (NCSUs Largest Scholarship)
Board of Commissioners Meeting
10/18/2010
18 -3 -15
New Hanover County
Board of Commissioners
230 Government Center Drive
COMMITTEE APPLICATION Suite 175
Wilmington, NC 28403
Telephone: (910) 798 -7149
Fax. (914) 798 -7145
Board /Committee: New Hanover County ABC Board
Name: Augustus Codington Everett, Jr.
Home
Address: 4001 providence Court Wilmington, N.C. 28412
(Street) (City) (Zip Code) '
Mailing Address if different: N/A
E -Mail Address: AEverett@ ec.rr.com
Home Phone 910 -392 -6226 Fax: 910 -- 7629637 Cell 910- 619 -7900 B u siness: 910 -762 -6452
Years Living in
New Hanover County: 60 Years
Male: ' Female: Race: Age: 66
(Information for the purpose of assuring a cross section of the community)
Employer:
(A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County
upon appointment, in accordance with Article VI, Section 4 of the New Hanover County Personnel Policy.)
Occupation: R etired Airline Operations Manager
Professional Activities: General Secretary of the Scottish Rite, FAA Designated Examiner.
Volunteer Activities: I h elp raise money for The N.C. Scottish Rite Childhood Language Disorder
Why do you wish to serve on this board /committee? I h ave the time to give to my comunity and would
like to serve on a board to do that.
Conflict of Interest If a board member believes he / she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other
mem hers of his I her respective board during a public m eeting The memb should state the nature of the conflict, detailing that helshe has a separate, private or monetary
interest, either direct or indirect, in the issue under con sideration. The m em er should then a xcus a himself / herself from voting on the ma tier
What areas of concern would you like to see addressed by this committee? I think that the boa and
committees need some new faces on them.
Qualifications for serving: I am a life long resident of the City of Wilmington and New Hanover
County and have seen what is working and what is not.
Other municipal or county boards /committees on which you are serving: I have an active application
on file for the Airport Board.
List three local personal references and phone numbers:
1. William G. Mathis 910 -675 -3927
2.G. Frank Jones
910- 762 --7771
3. Lynwood Jeffries
914 --762 -6452
r
F�
BD Of CO3�i1M1 )!3lCr1FR_Q
Date: December 10, 2009
Applications are kept on file for 18 months
d
r
Signature:
r se reverse side for additional coin men is
Board of Commissioners Meeting
10/18/2010
18 -3 -16
03Y27/10 11:39AM THE UPS STORE 9106813766 p.03
New Hanover County
Board of Commissioners
COMMITTEE APPLICATION
230 Government Ccnter Drive
Suite 175
Wilmington, NC 28403
Telephone: (9 10) 798 -7149
Fax (910) 798 -7145
Board /Committee: New Hanover County ABC Board
Name: Fra ncine M. Goo
Home
Address: 440 Bayfield Dr , Wilmington NC 28411
(Street) (City) (Zip Code)
Mailing Address if different:
E -Mail Address: (good@ cabo35 , tom
Nome Phone:
Years Living in
New Hanover County: 5 ye ars
Cell: 910 Business:
Male: . , Female: Race: Caucasian A ge: 62
(Inform alion for flit purpose or assuring a cross section of the community)
Employer: Re tired
(A person currently employed by the agency or department for which this application is made, muss resign his/her position with New Hanover County
upon appointment, in accordance with Article V1, section 4 of the New Hanover County Personnel Policy.)
Occup ation: Inves /owner of small business
Professional Activities: w --
Volunteer Activities:
Why do you wish to serve on this board /committee? I ha ve extensive private sector experience which
can help solv the current p within the ABC o rganiation a nd its Board.
Conftkl of Interest 9 a board member betfe"s he / she has a confect or potential conflict of interest an a particular ossue, that member should state this behetto me other
members of his respective board during a public meeting. The member should state the nature of the oonftict, detailing that he /she has a separate, private or monetary
interest, either direct or indirect, in (he issue under consideration. The member should Then excuse himsett I herself from voting D the ma tier
What areas of concern would you tike to see addressed by this comm ittee? Imp o best b usine ss
practices; fulfill fiduciary responsibilites ol greater transparency in decision-making.
Qualifications for servin : Seasoned financial executive ( 15 years CFO at three technology firms)
Q g ..___
with extensive managerial experience; knowledgeable regarding fiduciary responsibilites
Other municipal or county boards /committees on which you Are serving: N one
List three local personal references and phone numbers:
1. Peter and Louise Younghans 910 -686 -5835
2. Rachel Hickers on 910-262-7829
MAR z s 2010
`._ - 1
3. John and Nancy Carpitella 910-- 686- -5575 BD CSI' cm I ") SIONFRS �
Date: _ 26, 2010 Signature: •
Appikstions are kept on file for 18 ntoulhs Us reverse side for additional corn men is
Fax:
Board of Commissioners Meeting
10/18/2010
18 -3 -17
03/27/10 11 :39AN THE UPS STORE 910681375E P.02
Francine M. Good
440 Bayfield Dr.
Wilmington, NC 28411
910 -200 -6669
Ilia FAX
New Hanover County Board of Commissioners
230 Government Center Drive
Suite 175
Wilmington, NC 28403
Dear Commissioners:
This is my application for tl-e New Hanover county ABC Board,
interested in using my extensive private sector experience to
organization.
I am a seasoned financial executive
restore public confidence in the ABC
Being a member on the reconstituted ABC Board would afford me an opportunity to help rebuild a team
that has suffered a severe credibility crisis with its constituents, the citizens of New Hanover County,
Going forward, the practices and policies of the ABC Board must be transparent so the citizens may
determine for themselves that the profits generated from liquor sales are being maximized and that
expenditures Made to generate those profits are the result of efficient and effective processes. The
Board must demonstrate to the citizens it has been deliberate and rigorous in fulfilling its fiduciary
responsibilities.
In the private sector I was involved in managing both startup and mature companies and have
experience with the management structures and processes which are required for successful
operations. As a board member l can (1) provide guidance and direction on operational and
administrative issues, (2) help develop solutions derived from best business practices, (3) advise ABC
management on processes which promote efficiency and effectiveness in operations, and (4)
communicate with the county board of commissioners regarding ABC matters. Working together, the
ABC organization and the ABC board can become respected in the community not only for financial
success but also for integrity and sound business practices.
Regards
Francine M. Good
attachments
Board of Commissioners Meeting
10/18/2010
18 -3 -18
03/27/10 11:39AM THE UPS STORE 9106813756 p.04
FRANCINE M. GOOD
440 Bayfield Dr., Wilmington, NC 28411
(910) 200 -6669
fgood@cabo35.com
2005- Paul Davis Restoration of Raleigh -- Durham
Partner, Chairman and Chief Financial officer. Responsible for providing operational direction
and financial overview of a family owned business. PDR is an emergency service I insurance restoration
business serving the residential and commercial property market within a five county area of North
Carolina. Since acquisition we have increased annual revenues and profitability and upgraded, trained
and certified a new staff.
1998 -2004 silicon Wave, Inc., San Diego, CA
Vice President, Chief Financial officer. Responsible for all aspects of financial management
and administration for a venture- backed private company. Silicon Wave is a fabless semiconductor
company developing RF integrated circuits incorporating the Bluetooth communication standard. The
company was recently acquired. Report to C.E.O.
Raised $121 million in four rounds of financing from venture capitalists and strategic
partners. Participated in investor conferences and roadshows.
➢ in the aftermath of the collapse of the capital markets and the events of 2001, sized
the company to focus on the largest segment of the Bluetooth market. Reduced the
monthly cash burn by 60% through headcount reductions and stringent expense
controls. Managed the sale of non - critical IP for $8 million.
Established and implemented all accounting practices, forecasting processes, internal
controls, manufacturing materials planning and human resource policies for the
company. Implemented an ERP system and obtained a $3 million capital lease
facility.
With the C.E.O. directed the acquisition of the company. Identified potential buyers,
prepared marketing materials and financial projections. Managed the due diligence
process and negotiated the merger agreement with the acquirer, RF Micro Devices.
Facilitated the integration of the company into RF Micro Devices.
1997 -1998 Digital Evolution, Inc., Los Angeles, CA
Vice President, Chief Financial officer. Responsible for all aspects of financial management
and administration for a growing venture- backed private company with $8 million in sales. Digital
Evolution was a software developer with expertise in large -scale Internet and intranet solutions, database
management systems and electronic commerce applications. Reported to C.E.O.
Developed and implemented an organization structure to facilitate a growth rate of
greater than 50 %. Implemented human resource practices and policies. Coached
and trained first time managers.
➢ Established accounting policies and practices to more expeditiously close the books
(21 days versus 45 days) and to ensure compliance with oAAP. Implemented
budgeting processes and cash forecasting.
Board of Commissioners Meeting
10/18/2010
18 -3 -19
03 ,A27/10 11:39AM THE UPS STORE 9106813756 p.05
Francine M. Good
Page 2
1988 -1997 MICOM communications Corp., Simi Valley, CA
Vice President, chief Financial officer since February 1992. Responsible for all aspects of
financial management, administration and investor relations for a growing international company with $85
million in sales. MICOM developed, manufactured, sold and serviced integrated data /voice wide area
networking products. Prior positions at MICOM were Controller/Treasurer and Director of Finance.
Reported to C.E.O.
Key member of the executive team that developed and implemented a new product
strategy for MICOM resulting in the financial tumaround of the company. Annual sales
of this product grew from $3 million to $85 million in five years.
➢ Participated in the IPO of MICOM's former parent and directed the subsequent tax
free stock spin -off of MICOM. Prepared prospectuses and SEC documents.
Participated in the roadshows.
➢ With the C. E.0 directed the acquisition of the company. Worked with investment
bankers to identify potential partners, prepared marketing materials and developed
valuation analysis. Managed the due diligence process and negotiated the merger
agreement with the acquirer, Nortel. Responsible for the integration of MICOM into
Nortel.
Developed and managed bank relationships. Negotiated multiple credit facilities
including a $7.5 million revolving line. Aggressively managed cash generated from
internal operations to fund product development when access to capital markets and
credit facilities was prohibited.
1985 -1988 Unisys corporation, Chicago, IL
Controller, Financial Systems Division, central Region. Responsible for financial
management, administration, contract negotiations and pricing for a business unit with $250 million in
revenue. Directed ten managers with combined staffs of 70 people. Reported to region president.
1981 -1985 Burroughs corporation, Detroit, MI
Manager of Financial Analysis, US Marketing Group (1983 - 1985). .
Manager of customer Accounting, US Marketing Group (1982-1983)..
Financial Analyst, corporate Staff (1981 - 1982).
Supervisor of cost Accounting (1980-1981)
Financial Analyst (1979 -1980)
Cost Analyst (1978 -1979)
Education:
MBA (Finance) 1978, University of Oregon, Eugene, OR
Board of Commissioners Meeting
10/18/2010
18 -3 -20
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
230 Government Center Drive, Suite 175
W7lmington NC 28403 COMMITTEE APPLICATION
Telephone (910) 798 -7149
FAX (910) 798 -7145
+ woo
BoardlCom lttee. R ` --
Name: E- IVlail� �Z�!nF� �� • �f
Horne ..
Add ;L
e , t
j L;00
Mailing Address it diffetent: ,
t
(CRY)
Home P ones Fax: - , . + cell: 9 n Bitslnessr ,
3 �
Years living in
New Hanover Coun . IS)W9. bale: Ferrule: Lool Race: Age:
(InfwAtIon for purpose of assuring a cross- of the commu j Ar 0 &*JA iM 4/4 '41 1111 1
Employer
A person currently employed by the - agdf7cy or department for which this Application is Made, must resign hisftr poskion with
New Hanover County upon appointment, in accordance with Article 111, 9 ec. 4 of the New Hanover County Personnel Policy.
...*I At -AL.. 10- 101 A 105?
Occupation:
10
Professional Activities: 4( tz 41
Volunteer Activities:
Why do you wish to serve on this boar lcommittee
s � w � ) 1 1 / � ■ A
Conduct of Interest: ff a board member b0eves has a conflict or potendial cwftt of interest on rticular i;
awmbers of hr~ respective board daring a pubft The member should state the nature of #mCe6infl deh
interest, either *ect or indr3ect, in the issue under corWderakm. The member should then excuse himseffJhemelf from
What areas of concern would you like to see addressed by this committee?
wumicaaons for servingi
. D O A
Differ municipal or
List three local personal r�efer+ences and phone numbers:
Date:
ri��i ^iwwr,Fw rwwrr.wm�w��■ -- - i �riw��r_ wwrrw.w,rrww.ir
Applications are kept on file for 18 months
Please use reverse side for additional comments
member should state 03 belief to the other
hWshe has a separate, private, or monetary
oftw at the ple"Ure
of Commissioners.
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Board of Commissioners Meeting
10/18/2010
18 -3 -21
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Board of Commissioners Meeting
10/18/2010
18 -3 -22
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Board of Commissioners Meeting
10/18/2010
18 -.3 -23
Richard Hoffmann
1625 Country Club Rd, Wilmington, NC 28403
Phone: and fax 910 762 4919: E -Mail: hoffco@msn.com
Objective
TO ADD VALUE TO THE CONTRIBUTION OF THE ALCOHOIC BEVERAGE CONTROL BOARD TO THE
EFFECTIVE FUNCTIONING OF OUR COUNTY GOVORNMENT.
Experience
SHELL ISLAND RESORT HOMEOWNERS ASSOCIATION BOARD MEMBER, 7 YEARS
AND PRESIDENT LAST TWO YEARS 2002 to present
■ DEVELOPED A VISION AND LONG RANGE PLAN FOR THE RESORT. IMPLEMENTED THE FIRST
PHASE ON TIME AND IN BUDGET. $10,000,000.
■ SERVED ON THE MASON INLET PRESERVATION GROUP. INLET RELOCATION ACCOMPLISHED
AND VERY SUCCESSFUL AT NO COST TO THE COUNTY.
CAPE FEAR COUNTRY CLUB BOARD MEMBER VICE PRESIDENT. 2005 to 2007
■ DEVELOPED A VISION AND LONG RANGE PLAN FOR THE CLUB AND IMPLEMENTED THE FIRST
PHASE ON TIME AND IN BUDGET. $3,500,000.
WRIGHTSVILLE BEACH ASSOCIATION BOARD MEMBER 2000 to 2003
■ DEVELOPED A DETAILED BIKE PLAN FOR THE TOWN. ACCEPTED BT THE BOARD OF ALDERMEN.
E.I. DUPONT 1960 to 1997
37 YEARS IN SEVERAL DOMESTIC AND INTERNATIONAL MANAGEMENT ASSIGNMENTS.
EXCELLED IN PLANNING, TEAM BUILDING AND LEADERSHIP DEVELOPMENT. ACCOUNTABLE
FOR LARGE NUMBERS OF EMPLOYEES AND MULTIMILLION DOLLAR SITES.
Education
• BS MECHANICAL ENGINEERING PURDUE UNIVERSITY.
EXECUTIVE TRAINING DIPLOMA WARTON SCHOOL OF BUSINESS.
Personal
30 -year resident, widower, three children, 8 grandchildren. Served with Habitat,
Second Helping, excellent health.
Board of Commissioners Meeting
10/18/2010
18 -3 -24
New Hanover County
Bo ar d o f C COMMITTEE APPLICATION
Board/Committee: ABC B oard
Name: John Hogan
Home
Address: 478 Bis cayne Dr, Wi NC 2 8411
(St
(City)
Mailing Address if different:
E - Maid Address: home: johndhogan@hotm;ail.com or xo rk : jhogan@transl.com
230 Government Center Drive
Suite 175
W11mington, NC 2 8403
Telephone: (910) 798 -7149
Fax: (914) 798 -7145
HoMe phone. 910 -681 -0642 Fax: 910 -681 -1113 Cell: 914- 471 -8592 Business: 910 - 332 -1718
Years Living in
New Hanover County: 1 Male: � Female: Mace: Cau casian Age: 48
{Informati on for the parpose of assuring a cross section of the community}
Employer TranS 1 Inc., a NASDAQ medical device coampany with $30 million in revenue
(A person currently employed by the agency or department far which this application is made, must resign his/her position with New Hanover County
upon appointment, in accordance with Article VI, Section 4 of the New Hanover County Personnel Policy.)
occupation: Controller
professional Activities.
Volunteer Activities: Ned Cross donations, North Carolina Coastal Federation
Why do you wish to serve on this boardlcommitte.9 T o provi responsible fiscal and professional
guidance and oversight to the management team.
Conf kt of interest• ff aboard member believes he/she has a conflict or potential conflict of interest on a particular issue, that member should state this beliefto the other
members of his I her respective board during a public meeting. The member should state the nature of the conflict, detailing that helshe has a separate, private or monetary
interest, either direct or indirect, in the issue under consideration_ The member should then excuse himself/ herself from voting on the matter_
What areas of concern would you like to see addressed by this committee? Expense contro m
professional standards
Qualifications for serving Over 2 0 y ears financial and management experience. I have a masters
degree in financial management and I received my CPA in New York State in 1985
Other municipal or county boards/committees on which you are serving: n one
n
List three local personal references and phone numbers:
1. Tom Aluise 233 -2751
2. Missy Kennedy 233-8381
3. Jahn Nesselroade 798 -2504
JAN - 7 2010
N[yj H OVF CO
BD. OF
Date: January 7, 2010
Applications are kept on file for 18 months
(Zip Code)
Signature: I t
Use reverse side for additional comments
Board of Commissioners Meeting
10/18/2010
18 -3 -25
John D. Hogan, CPA
478 Biscayne Drive
Wilmington, NC 28411
Mobile: 91 0- 471 -5591
Experience
TranSl Inc. - a $25 million medical device company focused on designing, developing
and marketing products that treat degenerative conditions of the spine.
Controller
April 2006 -- present
Responsibilities include all accounting functions and financial reporting, including
preparing monthly financial highlights for the Board of Directors, and for reviewing
expense budgets and forecasts. Primary contact for the external auditors, financial
consultants and the Company's SEC counsel.
AAIPharma Inc. — a $200 million global provider of product development and support
services to the pharmaceutical, biotechnology, and medical device industries.
Vice President and Controller
May 2000 — April 2006
Responsibilities included all accounting functions, including financial reporting,
preparing monthly financial highlights for the Board of Directors, and reviewing expense
budgets and forecasts.
SSL Americas - a $250 million subsidiary of SSL International, a $1.5 billion London
Stock Exchange traded company. SSL is a world leader in latex products and over the
counter medicines.
Controller -- U.S. operations
November 1998 — May 2000
Responsibilities included all accounting functions, financial reporting, inventory
management, accounts payable and payroll. Additionally responsible for preparing
detailed monthly financial highlights for the Board of Directors and for reviewing
budgets and forecasts of SG &A expenses.
Salant Corporation - New York Stock Exchange listed clothing manufacturer with
annual sales of $450 million. Currently owned by Perry Ellis International
May 1990 — October 1998
Director of Budgeting, Financial Analysis and SEC Reporting
• Responsible for planning, organizing and controlling the preparation, consolidation
and distribution of corporate budgets, forecasts and long -range plans.
• Provided analysis of results of operations through financial and operating reports to
management.
• Responsible for the coordination and administration of financial reporting for all SEC
reports.
• Coordinated the preparation and review of the corporate expense budget of
approximately $22 million.
Board of Commissioners Meeting
10/18/2010
18 -3 -26
Coopers & Lybrand, New York, NY
January 1985 - April 1990
Audit Supervisor
General responsibilities included the planning, staffing and implementation of
multi- locational audits performed in accordance with Generally Accepted
Accounting Principles, resulting in the issuance of audited financial statements.
Client engagements included AT &T, Philip Morris Co., Inc. and Sandoz
Corporation. Special projects included a review of the foreign exchange hedging
operations of AT &T and the net asset review of an international division to be
purchased by a client performed in accordance with the terms of a purchase and
sale agreement.
Education:
Pace University - New York, NY
BBA - Public Accounting, 1983
MBA - Corporate Financial Management, 1991
Certified Public Accountant - New York State, 1987
Board of Commissioners Meeting
10/18/2010
18 -3 -27
New Hanover County
Board of Commissioners
234 Government Center Drive
COMMITTEE APPLICATION Suite 175
Wilmington, NC 28403
Telephone: (910) 798 -7149
Fax: (910) 798 -7145
Board /Committee:
Name• .
Home j (�l� 1 U/ /� M ! /V 6 7 � 0 �l/ Address
(street) (City) ( Zip Code
Mailing Address if different:
E - Mail Address r h � � � b ffSOUMI, /7 C;e
Home Phone: 762 ` 75R"' /Fax: Cell: ,S2D_ 13 3 Business:
Years Living in
Mal
• l � e: � Female: Race: wh i �fe Age: L/ 3
New Hanover County:
(Inf rmation for the purpose of assuring a cross section of the community)
Employer: Mona f
( A p erson cu rren tly employe d by We ag ency a r depar tmen t for which this app licetion is made, must re sign his /her position with N ew H anov er C aunty
upon appointment, in accordance with Article V1, Section 4 of the New Hanover County Personnel Policy.)
occupation: � �SS Pt 1wa Hq r
Lpor
Professional Activities:
Volunteer Activitiesr e z�6 r Ilerac V ounc
-7� o
Why do you wish to serve on this board /committee? e tm �&
C� r IiJ AjHcovntvoile
��l IC�� �d p � --
Can fikt of interest f a board member believes he / she has a bon flict or potenfiat conflict of inter f on a particular is u , that member should state this belief to the other
members of his/her respective board during a public meeting. The member should state the nature of the conflict, detailing that helshe has a separate, private or monetary
interest, either direct or indirect, in the issue under consideration. The member should then excuse himself / herself from voting on the matter.
r
What areas of concern would you like to see addressed by this committee
zefe-
rNerance Fr�r
000e ���unaqetwPhf emloy- 07L
hoo eflflcoq /
sf6erwrd
Qualifications for serving:
/ 'I all ��a����d G�� � / i?t' /�I /J/l�l(�
eXpe
4 f
L4.t - 1%, 11
toe 0 // 'q
Other mamc�l or county boards committees on which you are serving:
fj oL ova f tee
fio f e"e
Al / A
List three local personal references and phone numbers:
p f ( W) - q I
m/', I&IIe2lan1l 29 aZ - Scl
'"� r� A/- � er
Lrr !� Lf � r
3. Lq r o [I Y/ .m /C rar
Dater
rjl- a m 2� r0
Applications are kept on file for 8 months
- 7 & 0 - q0 / -3
(ell L21� V-- Y�zlq
Signature:
Board of Commissioners Meeting
10/18/2010
18 -3 -28
NEW HA N NF R CO
RD 0
Use reverse side for additional com men is
NE HANOVER COUNTY s
BOARD OF COMMISSIONERS
230 Government Center Drive, Suite 175 °
Mimington NC 28403 COMMITTEE A
Telephone (994) 795 -7149
FAX (910) 798 -7145
Boa rWCommittee. Alcoholic Beverage Control Board
Nam Thomas V. Huse Email: husetom @yahoo . cam
Home
Address: 1211 Congressional Ln . Wilmington 28411
(L IP
Mailing ►4dtalrass If t Same
(Cly) (zip Ccde)
Home Phone: 703 677 - 6313 Fax: NA
Cell: Same
Years living in
New Hano ver C 2 Male: Female: 14aca: C aucasian
(lnfunnation for the purpose of assuring a of the coffvxm y)
Employer: Reti
Business: fA
Age. 63
A person currently employed by the agency or department for which this ap is made,
pp must resign his/her postion wth
New Hanover County upon appointment, in accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy.
Occupation: Administrator
P ro fessi ActivRies: 2 010 Census, U.S. Dept . of State
Volunt Activ ities: Bi Brothers, Little League Coach, Various Boards at prior resd .
Why do you wish to serve on this b oa rd1committee? I would like to contribute to the community in
a constructive way and this Board /function has been through a bad time.
Cen/tiet of k1ferasf: if a board member bermwes h&Wm has a ca vWd or pohb*RW coact of interest on a
pear issue, that member should state this belief to the other
members of his/her respective board during a public meedng. The member should shade the nature of the conflict, detailing that he/she has a separate, private, or monetary
interest, either direct or indirect, in the issue under consideration. The member should then excuse himseffJherseff from voting on the matter .
What areas of concern would yo like to see addressed by this com mittee? Fiscal responsibility;
maintain good facilities and staff; perhaps reduce prices
Qualificatlons for serving: I have a masters degree in Public Administration, a career in the
public sector, and years of service on boards in support of employee/ community services.
Other municipal or county boardslcommittees on which you are searing: N one
List three local personal references and phone numbers: D E b E p
1 Anthony Nobilio 910 - 799 -8206
z , Steven Murray 910 - 791 - 6354 S EP 3 D 2010
3 Peter Dahl 910- 681 -1106 NEWN
Of COMMISSIONERS
Date: September 29, 2 01 Signature
Applications are kept on rile for TS months l understand that this appointment serves at the pleasure
of the New Hanover County Board of Commissioners. Please use reverse side for add�ional comments
Board of Commissioners Meeting
10/18/2010
18 -3 -29
Thomas V. Huse
1211 Congressional Ln.
Wilmington, NC 28411
(703) 677 -6313
husetom @yahoo.com
Career Summary
Highly successful career with both the non -- profit sector and the federal government
in both domestic and overseas environs,. Performed as senior officer responsible for
finance,, logistics, security, and human resource functions in overseas facilities on three
continents; and Transition Coordinator for move of over 1,100 people onto the New
Embassy Compound in Baghdad. Hold Secret clearances; held Top Secret/SCI security
clearances. Worked extensively with adults and young people in developing
communication skills, life skills, and public awareness as alternatives to drug abuse.
Professional Experience
Transition Coordinator
2007— 2008
• Generated concepts and proposals for reconfiguration of office and residential
buildings on the Baghdad New Embassy Compound (NEC) to include planning and
contracting of a 1,024 bed housing complex
• Researched and drafted briefing materials and papers for senior State Dept. officials,
congressional staffs, and principles. Participated in briefings.
• Participated in substantive video and teleconferences with Baghdad U MILT, security
and Management staffs to coordinate transition activities and move to the NEC
• Respond to and support requirements of the Baghdad Embassy Transition Team
English Language Instructor 2003-2005
Fukagawa Senior Nigh School
Japanese Ground Forces Self Defense Staff College
Chief, Support for Domestic Facility 2000-2003
• Developed staffing plan for annual transition of personnel
• Managed major renovation of new office space; planned and managed office
relocation of some 40 personnel and co- location with other government agencies
• Supervised financial staff responsible for preparation and execution of budget,
accounting, and cash disbursements in excess of $800,000
Team Chief, Human Resources Policy and Planning 1998-2000
• Directed development of business plan for Human Resources functions for
incorporation in working Capital Fund
• Directed staff projects and studies concerning employee compensation, benefits,
awards, etc.
Board of Commissioners Meeting
10/18/2010
18 -3 -30
Thomas V. Huse (703) 677 -6313 Page 2
Chief, Support for overseas Facilities 1982 - 198811993 -1998
• Supervised staffs of up to 22 officers responsible for finance, logistics, security,
human resources, and training at three European facilities, and one each in Latin
America and Southeast Asia
• Coordinated downsizing initiative in conjunction with managing relocation of large
U.S. Embassy office from Bonn, Germany to Berlin
• Coordinated sensitive U. S. G projects between U. S. embassies and DOD facilities
Other U.S.G. Experience
• Chief of Resource Management Group supporting international negotiations for Arms
Control and Treaty Monitoring 1991-1993
• Executive Officer for analytic office 1989-1991
• Chief of Support for 1,200 person technology support office 1988-1989
• Pilot, U.S. Air Force 1970-1972
Other Professional Experience
Project Coordinator, Middle Georgia Council on Drugs 1972-1979
Developed and implemented creative primary prevention programs through teen
counseling, parental education, and alternative activities in a seven county area.
Trained high school students to work with elementary school children and as peer
counselors in their high schools; led parent groups in building communication skills
with young people. Responsible for financial management, grantsmanship, and fund
raising on behalf of the organization. Directed and conducted communications to
public via television, radio, newsletter, and over 60- speaking engagements each year.
Education
Work towards Doctorate in Public Administration 1980-1982
George Mason University --- 22 -hours course work in government and business
Masters Degree in Public Administration 1977-1979
Georgia College - Course work in government and business
BS in International Affairs 1966-1970
U.S. Air force Academy
Awards
Six Exceptional Performance Awards; Quality Step Increase; Presidential Management
Intern
Volunteer Activities
Coach and Board Member with Macon Little League
Board of Commissioners Meeting
10/18/2010
18 -3 -31
Thomas V. Huse (703) 677 -6313 Page 3
Volunteer Activities, cont'd
Big brother for young man through Big Brothers Association
Charter Board Member Volunteer Macon, a volunteer action agency
Founding member and first Vice President Council of Service Agencies
Board Member -- Employee Welfare Association for 1 l years at various U.S. Embassies
Youth Tutor/Mentor through Power 4 Youth
Applicant evaluator for Foreign Leadership Exchange program with the American
Councils for International Education
Board of Commissioners Meeting
10/18/2010
18 -3 -32
New Hanover County
Board of Commissioners COMMITTEE APPLICATION
Board/Committee: Alcoholic Beverage Control Board
Name: Kevin Warren Johnson
Home
Address: 1911 Prestwick Lane Wilmington, NC 28405
(S
Mailing Address if different:
E Address: kwj627@gmail.com
(City)
Home Phone: Fax: Cell: 910.431.6662 Business:
Years Living in
New Hanover County: 5 years Male: Female: Race: Caucasian Age: 37
(Information for the purpose of assuring a cross section of the community)
Employer Recently lost position with Mark Johnson Cust Homes due to economic climate
(A pers on cu rren tly employed by the eg ency o r depar tares t for which this application is made, mast resign his/her position with N ew H aeov er C ounty
open appointment, in accordance with Article Vi, Section 4 of the New HanovtrCowsty Personnel Policy.)
Occupation: Business Development Sales /Marketing, Green Building Consultant
Professional Activities: Chau°�t�er of Commerce Legislative Agenda Committee
Volunteer Activities: United Wa'`y ■ Red Cross ■ VARM, Jason Harris for County Commissioner
Why do you wish to serve on this boa rd /committee? I have a strong interest in our pol i ti cal system,
as well as serving our local community through government involvement. Please see reverse.
Conflict of interest if a board member [relieves he / she has a conflict or potential conflict of Interest on a perticular issue, that member should state this belief to the other
members of his / her respective board during a public meeting. The member should state the nature of the conflict, detailing that he /she has a separate, private or monetary
interest, either direct or indirect, in the issue under consi"derati"on. The member should then excuse himself/ herself from voting on the matter.
What areas of concern would you like to see addressed by this committee? Community relations . costs,
transparency
Qualifications for serving: Diverse business & military background, honest /ethical , with a strong
desire to serve. Please see reverse.
Other municipal or county boards/committees on which you are serving: None
List three local personal references and phone numbers: ft
1 , Chris r�e�soa, (910) 798 -3900 APR - 1 2010
Z. Wanda Copley, (910) 798-7153
3. Rich Novak, (336)580-
BD or cot{;�,1Ia5lot ,'F R5
Date: March 34, 2010
Applications art kept on file for 18 months
230 Government Center Drive
Suite 175
Wilmington, NC 28403
Telephone: (910) 798 -7149
Fax: (910) 798 -7145
(Zip Code)
Signature:
Kwvv�. Wow
Use rereAdside for additional comments
Board of Commissioners Meeting
10/18/2010
18 -3 -33
Kevin W. Johnson March 30, 2010
1911 Prestwick Lane
Wilmington, NC 28405
910.431.6662
KWJ627@gmaii.com
New Hanover County Board of Commissioners
230 Government Center Drive, Suite 175
Wilmington, NC 28403
Dear County Commissioners,
I am writing to inform you of my desire to serve on the Alcoholic Beverage Control Board. Upon a
detailed review of the ABC Board's roles and functions, I am certain my unique skill set and diverse background
make a strong candidate for the opening.
I have held various business development and sales positions within the software and residential
construction industries. As a member of these organizations, I have been instrumental in driving business initiatives,
setting policy, hiring staff, budgeting and strategic partnering. I have a strong interest in public affairs, am an active
volunteer within our community and a veteran of the United States Navy.
Thank you for considering me for the Alcoholic Beverage Control Board committee. I feel strongly my past
work experience, desire to serve and strong moral character make me a viable candidate for the board vacancy. Per
your vacancy posting, I will look forward to hearing from you after the April 19 board meeting.
Warmest regards,
Kevin W. Johnson
Board of Commissioners Meeting
10/18/2010
18 -3 -34
Kevin W. Johnson
1911 Prestwick Lane •Wilmington, NC 28405 •Phone: 910.431.6662 • KWJ627 @gmail.com
Education
North Carolina State University - Raleigh, NC
Bachelor of Arts - May 2000
• Major: Political Science, Minor: Business Administration
Military Experience
United States Navy - NAS Agana, Guam - 1992 -1996
CH46 Helicopter Mechanic - Collateral Duty Inspector - Air Warfare Specialist Designation
• Multiple South East Asia/Persian Gulf Deployments
• Lead night check supervisor
• Responsible for detachment training jackets while at sea
• Consistently received "Outstanding" in performance evaluations
Professional Experience
Mark Johnson Custom Homes - Wilmington, NC - Vice President of Marketing and Business Development
September 2005 - January 2010
• Oversaw green construction operations, developed and implemented web marketing standards - company electronic
newsletter and media relations.
• Developed green building practices and reporting, which resulted in a USGBC LEED Platinum home.
• Safety program manager- Ensure OSHA standards are maintained
■ Completed Green Building for Professionals Course
■ Active in Local HBA, Green Building Council, Cape Fear Green Building Alliance
Good Technology - Raleigh, NC - Account Representative
March 2005- September 2005
• Grew companies' software implementations to new client base.
SAS Institute - Cary, NC - Inside Sales Representative
July 2000 - February 2005
• President's Club in 2003 (184% of Quota).
• Managed and implemented SAS' strategic sales initiatives to IBM Global Services and other major accounts.
• Selected by management team to assist in hiring process; as well as developing new hire training programs.
Technology
• Constant Contact, Virtual Boss Project Management, MS Office (Outlook, Excel, Word, OneNote, Power Point), enrolled
in Adobe Photo Shop course
Social Responsibility
• Cape Fear Chapter of the United Way Volunteer, Wilmington Area Rebuilding Ministries Volunteer, WRAR Green
Building Panel, American Red Cross Volunteer, Chamber of Commerce Legislative Committee Volunteer
Board of Commissioners Meeting
10/18/2010
18 -3 -35
'' NEW HANOVER COUNTY ° �r r
BOARD OF COMMISSIONERS X
230 Government Center Drive, Suite 175 ^'
Y z
Wilmington, NC 28403 COMMITTEE APPLICATION
Telephone (910) 798 -7149 .:
FAX (910) 798 -7145
Board /Committee: Q
Name: E -Mail: S
Home 4Z'
a
Address: 44 s
(Street)
(City)
(Zip Code)
Mailing Address if different:
(Street) (City) (Zip Code)
Home Phone: Fax:Z� /CS[ Cell: - Business: �--
Years living n NH Count f� Male: V1 Female: Race: toe) A
g y g e: 74<
(lnformat' n for the purpose of assuring a cross- section of the community)
Employer: fkM= � -
._.umrnrr .rrrrrr
(A person currently employed by the agency or department for which this application is made, must resign hislher position wit h
New Hanover County upon appointment, in accordance with Article VI, Sec. 4 of the New Hanover County Personnel Policy.)
Occupation:
Professional Activities:
Vol u nteer Activities
#`lJ1&rcr" -Y Z'Ao
a
Why do you wish to serve on this board / committee? �✓�✓��w�+v� �E ,GLBo<'f7aI.�,G
nflict of lnt+emst If aboard member believes helshe has a conflict or potential conflict of interest on a particul r issue, that member shout state this belief to the other
members of hislher respective board during a public meeting. The member should state the nature of the conflict, detailing that helshe has a separate, private or monetary
interest, either direct or indirect, in the issue under consideration. The member should then excuse himselflherself from voting on the matter.
What areas of concern would you like to see addressed by this committee?
r
WAV 7 I1""t7 i 'SeI OR' ' T .iffrtrs AWJ =. s I ■ T .`+t`� �'Wp'e J.7W ! AV re
• + /�
Qualifications for serving: �" � �
lop-
7 0
Ai
Other municipal or county boards /committees on which you are serving: A10t; a 4jej , 7
i
Please list three local personal references and phone numbers:
1. J /0'1t 1A940- 7" - r7i.IA0irc Z)Z�CZ721P - �LiJr:.✓i9�iw.�t�tou�•e.Li� d I I'm �:�s7
2.
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t
3. *6*
'0 .10
0000"
Date: Si 0'
AF
I F
.�
pplications kepf on a
' Please use reverse side for additional comments j
�e4ca,*t 11;1A v $MCi �sT'�es��,dr f.,�sr�•ad,E ' ,�'�,o�+c.�s
B�d of Commissioners�eetin
�SOC • COe& t 'NT��/b.�E•C
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Board of Commissioners Meeting
10/18/2010
18 -3 -37
New Hanover County
Board of Commissioners
Board /Committee: A B C Board
Name: J ohn F. Delia
Home
Address: 6 van Dorn Ct Wilming N 2
(Street)
Mailing Address if different:
E -Mail Address: jme lia@ec.rr.com
Horne Phone: 910 -790 -3885 Fax: Cell: 914 -262 -7682 Business:
Years Living in
New Hanover County: 13+
(City)
234 Government Center Drive
Suite 175
Wilmington, NC 28403
Telephone: (910) 798 -7149
Fax: (910) 798 -7145
(Zip Code)
Male: f Female: Race: C a u Age: 68
(Information for the purpose of assuring a cross section of the community)
Employer:
(A person currently employed by the agency or departmen for which this application is made, must resign bislher position with New Hanover C ounty
upon app *in toent, is accordance with Article VI, Section 4 of the New Hanover County Personnel Palicy.)
Occupation: Re tired from US Army, Retired from B runswick County Schools
Professional Activities: pr ofessional Educators of NC, Military Officer Assn, W Warrior Pro
Volunteer Activities: Tutor at Literacy Council , WMPO Citizens Advisory Cmt, Adult Scholars
Why do you wish to serve on this board /committee? I gran to ma ke the ABC B oard a model for N C
I grant to ensure that every board action is available to public scrutiny.
Conflict of lntor"t ■ a board member believes he / she has a conffict or potential conflict of interest on a particular issue, that member should state this belief to Me other
members of his ■ her respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has a separate, private or monetary
interest, either direct or indirect, in the issue under consideration. The member should then excuse himself / herself from voting on the matter.
What areas of concern would you like to see addressed by this committee? Facie of accountability. Nepotism
Documentation of all board actions, incorporating a vision for operations.
Qualifications for serving: Please see attached resume
Other municipal or county boardstcommittees on which you are serving: Citizens Advisory Committee to the
Wilmington Metropolitan Planning Organization. [updating e V'T_ r a� �l
List three local personal references and phone numbers:
1. Dr. Barbara Jo Foley, PhD 795 -2452
2. David 0. Hamilton, CPA 452 -3251
�wl mER CO
.. ........
3, Deanne R. 149;a vs 274-1043
Date: J anuary 1 O , 2010
Signatu
Applications are Dept on file for Is months Ule reverse s for additional comments
COMMITTEE APPLICATION
Board of Commissioners Meeting
10/18/2010
18 -3 -38
JOHN F. MELIA
505 Van Dorn Ct
Wilmington, NC 28412
910 -790 -3885
Objective
• Appointment to the ABC Board for New Hanover County
Professional Profile
• Extensive and decisive hands -on management and staff experience in complex
and multi - divisional organizations in the United States Army.
• Broad experience in personnel management, administration, and project
management in an automated environment.
• Strong background in strategic long range planning, training development, and
project planning and execution.
• Recognized for outstanding speaking and writing skills.
• Team builder, mentor, trouble- shooter, problem solver.
Career History
1938- 2007. Senior Army Instructor, North Brunswick High School, Leland, NC.
• Department head at a 950 student comprehensive high school.
• Supervised and evaluated two other instructors.
s Responsible for entire JRDTC program and maintenance of all campus facilities.
• Program designated as an Honor Unit With Distinction for nine consecutive years.
• Served a five year term as Chair of the Accreditation Team. Ensured accreditation
by the Southern Association of Colleges and Schools through 2009.
• Retired at the end of the 2007 school year.
Board of Commissioners Meeting
10/18/2010
18 -3 -39
John F. Melia
Page 2
1995 -1998. Student, Watson School of Education, University of North Carolina at
Wilmington.
1993 -1995. Assistant Chief of Staff, United States Army Training and Doctrine
Command, Fort Monroe, VA.
* Key member of senior management team operating a 16- campus university
system.
• Program Manager for a staff of nearly 150 individuals dispersed among the branch
campuses.
* Reengineered business processes. Reduced overhead by 3 3 %
* Deputy Chief of Staff, First Corps, Fort Lewis, WA
• Senior Advisor to the Chief Executive Officer for planning, employment, and
control of world -wide military operations.
• Chaired Process Action Team that embedded Total Quality Management into the
organization's daily operations.
1986 -1989. Inspector General, Ft. Meade, MD.
• Personal counselor and confidential investigator to the Chief Executive of an
organization with branches in 12 states and the District of Columbia.
■ Conducted high level, sensitive investigations on matters involving standards of
conduct, ethics, sexual harassment, equal opportunity, and proper utilization of
human and financial resources.
* Initiated training for senior executives, middle managers, and supervisors on
violence in the workplace.
1960 -1985. Various assignments leading to the rank of Colonel in 1985
Education
1998 Teaching Certificate, University of North Carolina, Wilmington, NC.
Licensed through 2011
1989 Post - Masters, Graduate of United States Army War College
Carlisle, Pennsylvania
Board of Commissioners Meeting
10/18/2010
18 -3 -40
John F. Melia
1988 Master of Science, Administration
Central Michigan University, Mt. Pleasant, Michigan
1986 United States Army Inspector General Course
Fort Belvoir, Virginia
1975 Bachelor of Science Management
Johnson and Wales University, Providence, Rhode Island
Community Involvement
Page 3
• Member, Citizens Advisory Committee to the Wilmington Metropolitan Planning
Organization
• Founding Advisor The 'Wounded Warrior Project
• Adult Tutor Cape Fear Literacy Council
• Sunday Reader Immaculate Conception Catholic Parish
• Treasurer Neighbors of Preston Woods
• Past President SENCLAND Chapter Military Dicers Association of America
• Past President Wrightsville Beach Kiwanis Club
Board of Commissioners Meeting
10/18/2010
18 -3 -41
New Hanover County 230 G overnment Center Drive
Board of Commissioners COMMITTEE APPLICATION wuimm �n NC 2 9403
Wilming
Telephone: (914) 799 -7149
Fax - (9101 791t-7145
Board/Committee: / I /S C /310 a n d
Name: e �"S C �.^ (�"' �"'� Y
Home j t' �e ��� �t Address: �6 � � ✓1 �?y e-) �t'Z�h S �- !1llY� 6" � � 7`-�'ti.� 1116
(Street) �(City) (Zip Code)
Mailing Address if different: �-
E- MaiAddress: 1 T � Uy» � S �� � �° C • X7'7
Home phone: /D -- 21 1 - A 9 v3 Fax: - - -- - . Cell: �1 - P-( 0 a,,-& -?,cejw s j ness: /v"
Years Living in
New Hanover County: Male: Female: Race: &V 41 / -C-- Age:
(Information for the purpose of ass uring a cross sectio ■ of the commun
Employer: r�l �� °� � � I --- -, (A person ca rren tly employed by the agency or depar twee t for wbieb this application is made, most resign bis/rer position with N ew H anov er C oanty
upon app oin t® eat, in a ecor dam ce with Ar ticle V 1, S ec don 4 of tie N ew H me ve r C on my Pe room reel Pe licy.) AC r? Al ompation 0 ?A esI6 � -V
Professional ct
A ivities: 0A /11 "' � (; /3FIV peoer c r zg
Volunteer Activities.
oluntee
Why do you wish to serve on this board/committee?
Conftkt of Interest t a board member believes he /she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other
members of his l her respective board during a public meeting. rho member should state the nature of the conflict, detailing that helshe has a separate, private or monetary
interest either director indirect, in the issue under consideration. The member should then excuse hims elf l herself from voting on the matter.
What areas of concern would ou like to see addressed b this committee? A lp , A � I CZ")f e e- re-�` _S' —
Y Y
ew /
rs C r ►�7<r �---
Q ualifications for servings
y e
. �t & e rSJ e 1 � `f P "
AJ t?-% . 5 1 01, 7`� ) 1' -=.5 c,- d 4 e- ag I a 7 Z PA,, c c
Other municipal or county boards/committees on which you are serving:
C jn V 0 V
- L:= U Q It
List three local personal references And phone numbers:
MAY 2 62009
20 U e- e- /V/ N
j ,, fl"v OF COMMISSIONERS
3.
Date: — ' - l -- Signatu
Applications are kept on file for I weaths
Use reverse side for additional com men is
Board of Commissioners Meeting
10/18/2010
18 -3 -42
-*
New Hanover County 230 Go Center Drive
Board of Commissioners COMMITTEE APPLICATION Suite 175
2g a3
Wilming NC
Telephone: (91 0) 798 -7149
Fax: ( 910) - 798- - 7145
B oard/Committee: Z 6
Name:
Home _
Address: S J
(Street) (City) (Zip Code)
Mailing Address if different: --p
E -Mail Address: /
Horne Phone: ?10 ° Fax: _ Cell: ftt ���-� I Business:
Years Living in
New Hanover County: t ��-- Male: Female:. i •
y _ _ .._._. ema e.. Race. #.�.• 3"� Age.
(information for the purpose of assuring a cross section of the community)
Employer: r A &t & I %*<.- Ce'X4 S'' k - W, i� t �7�4 d4h#A4
(A person currently employed by the agency or department for which this application is made, must resign his/her position with Ne Hanover County
upon appointment, in accordance with Article V1, Section 4 of the New H ano ve r C ou nty Personnel Policy.)
Occupation: K � �tk"
Professional Activities: - +TT`k
Volunteer Activities:
Why do you wish to serve on this board/committee? St s: f 14 0 AA�IANt r D S'f � Lr 0 6�.S14 -6r
Conflict of Interest: 9 a bo rd member believes he I she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other
members of his I her respective board during a public meeting. The member should state the nature of the conflict, detailing that helshe has a separate, private or monetary
interest, either direct or indirect. in the issue under con sidera #ion. The m amb e shoutd then a xcus a hims elf / hers off from voting on the ma (ter.
What areas of concern wound you like to see addressed by this committee? 5 WAVE
5(57 It-) AVA*mo 7-
Qualifications for serving: �-:"+ , ^ 9 6'—r zy4#;-7 eo
O1LL t[6k� f3c� AA-D s s'aL°_ VF ks e
: 2 6,1. � & #
AK A * a Ly:2 VU os
Other municipal or county boa s/committees on which you are serving: e
List three local personal references and phone numbers:
2. f4 j PA 3, 3 o 2-i�
3.
7� a
Date: �-- Signature: -
Applications are kept on rile f Is months Use reverse side for additional com men is
t
Board of Commissioners Meeting
10/18/2010
18 -3 -43
RESUME
JAMES L. TURNER
5630 Harvest Grove Lane
Wilmington, NC 28409
910- 796 -9699
CAREER HIGHLIGHTS
1992 -2002 retired
SMITH BARNEY, Albuquerque
Vice President- Investments
1989 -1992
CB COMMERCIAL, Albuquerque
Senior Consultant, Investment Properties
1984 -1 989
COLDWELL BANKER, Stamford Ct.
Consultant, Investment Properties
1980 -1982
NEWSWEEK INT'L, London
Associate Publisher, Atlantic Edition
1967 -1976
PETERSEN PUBLISHING, Los Angeles
Publisher; WHEELS AFIELD
Western Sales Mgr.; Branch Mgr.
1982-1984
GOLF MAGAZINE, New York City
Publisher
1976-1979
SAN FRANCISCO MAGAZINE, SF
Owner/Publisher
1962 -1967
FAWCETT PUBLICATIONS, New York
Western Manager, San Francisco
PROFESSIONAL INVOLVEMENT
Board Chairman --Los Angeles
AMERICAN SPORTS MAGAZINES,
Vice Pres. Board of Dir.-San Francisco
Ski Safe Co., Inc.
President - Glendale, CA
605 ASSOCIATES (R.E. Development)
Tournament Director New York City
"100 Greatest " -Int'1 Golf Competition
CIVIC INVOLVEMENT
Founding President Provo, UT
Skyline Ski Club
President La Crescenta, CA
20/30 Clubs of America
Founding President San Francisco
Montgomery Motorcycle Club
Lecturer San Francisco
San Francisco College
RECOGNITIONS
Council Member San Francisco
Big Brothers of America
Lecturer Albuquerque
Delta Pi, International
Olympic Club of San Francisco 1960 -1980
Advertising Club of San Francisco 1963 -1980
San Francisco Chamber of Commerce 1976 -1980
American Club, London 1 980 -1982
International Advertising Club of London 1980 -1982
Who's Who in Publishing, New York City 1987 -1988
Board of Commissioners Meeting
10/18/2010
18 -3 -44
2
James L. Turner
EDUCATION
California State University, Los Angeles
Certified Commercial Investment Manager (CCIM)
Smith Barney, Albuquerque: Focused Training
Licensed: General Securities, (Series 7, 65, 60 )(NASD)
Uniform State Securities
Investment Advisor Agent, New Mexico
Insurance Agent
PERSONAL
Family: Married to Jacqueline Baker Turner
Four children, three grandchildren
Military: US Navy Reserve Five years
Hobbies: Golf, Tennis, Skiing, Sailboat Racing /cruising
Motorcycling, Scuba, Health conditioning
1954 -1958
1986 -1987
1992 -2001
Board of Commissioners Meeting
10/18/2010
18 -3 -45
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Board of Commissioners Meeting
10/18/2010
18 -3 -46
COMMITTEE APPOINTMENTS
BOARD OF FIRE COMMISSIONERS
5 Vacancies:
2 - At -Large community Representatives - 3 -Year Terms 7/1/2013
1 - At -Large community Representatives - Unexpired Term 7/1/2011
2 - At -Large Volunteer Fire Department Representatives
3 -Year Terms 7/1/2013
AT -LARGE COMMUNITY REPRESENTATIVES
APPLICANTS
ELIGIBLE FOR
REA PPOINTMENT
John C. Bower X
Kelly Landen
Brian McCormack
James G. Tyler
Clifford H. Willman, Jr.
AT -LARGE VOLUNTEER FIRE DEPARTMENT REPRESENTATIVES
APPLICANTS
Duane Eastmond, Castle Hayne Fire Rescue
Attachments: Committee Information Sheets
Applications
Board of Commissioners Meeting
10/18/2010
18 -3 -47
NEW HANOVER COUNTY
BOARD OF FIRE COMMISSIONERS
) I
( 00-
)(I
0
Number of Members: 9
4 At -Large community Representatives (must pay New Hanover County Fire Service
District Tax and have no affiliation with any local volunteer fire service organization, nor
have been an affiliated member of such organization for the past three years)
4 At -Large Volunteer Fire Department Representatives (must pay New Hanover County
Fire Service District Tax and be a candidate submitted by a Volunteer Fire Department)
No more than one representative per volunteer department.
1 county Commissioner
Term of Office: 3 years with no one serving more than 2 full terms.
5 etADncZ IM ohcLa
Regular Meetings: oiF the month at 6:00 p.m. at a predetermined location.
Purpose: To assist the County Commissioners in planning and administering fire protection
services for the unincorporated areas of the County. Specific duties include budget review,
policy recommendations and updating the annual fire service contracts between the volunteer fire
departments and the County.
Statute or cause creating Commission: Resolution adopted by County Commissioners on
January 6, 1986, adopting the Fire Service District Task Force Report and Recommendations.
Board of Commissioners Meeting
10/18/2010
18 -3 -48
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
At -Large Community Representatives
John C. Bower
First 8/13/07
7/1/10
3804 Prince George Avenue
Castle Hayne, NC 28429
675 -1709 (H) 341 -1021 (W) 540 -8525 (C)
Diane P. Doll �
Unexpired 10/18/04
7/1/05
4213 Ly ook Drive
First 6/20/05
7/1/08
Wil gton, NC 28405 � /Z c f //a
Second 6/16/08
7/1/11
-4634 (H) 297 -5682 (C)
Jim Ray
First 8/13/07
7/1/10
2608 Fr' Street
Wil gton, NC 28411
0
-0760 (H) 350 -0061 (W) 274 -3200 (C)
Harry B. Simmons
First 6/16/08
7/1/11
229 Marsh Hen Drive
Wilmington, NC 28409
452 -2848 (H) 350 -3437 (W) 617 -1375 (C)
Board of Commissioners Meeting
10/18/2010
18 -3 -48
7 1
BOARD OF FIRE COMMISSIONERS (CONY.)
CURRENT MEMBERS
TERM OF OFFICE
APPOINTMENT
EXPIRATION
At -Large Volunteer Fire Department
- R
Representatives
Dominic A. Bianco (Castle Hayne)
First 8/16/04
7/1/07
104 Michael Drive
Second 6/18/07
7/1/10
Castle Hayne, NC 28429
675 -0524 (H) 617 -1607 (C)
Michial Wayne Rhodes (Wrightsboro)
First 6/21/04
7/1/07
3024 Fennell Town Road
Second 6/18/07
7/1/10
Rocky Point, NC 28457
367 -3367 (C)
Alex B. Stanland (Winter Park), Chairman
First 6/20/05
7/1/08
3117 Enterprise Drive, Apt. C -4
Second 6/16/08
7/1/11
Wilmington, NC 28405
395 -2464 (H) 297- 1550(C)
Gary Waters (Ogden VFD)
First 6/16/08
7/1/11
101 Island Creek Drive
Wilmington, NC 28411
619 -2066 (C) 343 -5052 (W)
Commissioner: Jason R. Thompson
Appt. 12/15/08
Undesignated
Office: 798 -7149; 443 -0876 (Cell)
Fire Administrator: Donnie Hall, Fire Chief
File: /Fire
230 Government Center Drive, Suite 130
6/08
Wilmington, NC 28403
B/C #10
798 -7462 or 798 -7420
Revised: 12/7/2009
146)
140)
Board of Commissioners Meeting
10/18/2010
18 -3 -49
NEW HANO VER COUNTY
BOARD OF COMMISSIONERS `�t
230 Government Center Drive, Suite 175
Wilmington, NC 28403
Telephone (910) 798 -7149
FAX (910) 798 -7145 COMMITTEE APPLiCA TION
Board/Committee: BOARD OF FIRE COMMISSIONERS - A T LARGE COMMUNiTY REPRES TIVE
� - C 0 S w o Cam- C R OL C�K r � E- Mail: n ft
Name: �� � ^.� _ _ QR ��.� � . _ , :f.
Home
Address: 39 .4 5: - / r- 6
(Street) (City) (Zip Code)
Mailing Address if different:
(City)
Home Phone: (0 . (�j Fax:
(Zip Code)
Cell. q, Busine r ( r ) (
Years Hving in
New Hanover County: ( _ Male: V / 011
Female: _ Race: _ Age:
(Information for the purpose of assuring a cross - section of the community)
Em loer : ��{ C - 5 J
IA person currently employed by the agency or department for which this application is made, must resign his /her position with
New Hanover County upon appointment, in accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy.)
.r
Occupation:
Professional Activities: MP 7
L
Volunteer Activities: � � � � t ��.� t � N !&T o tA _ - -� .����� � �,.....�' � (
Why do you wish to serve on this board /committee? _ l=[ ,.� ; �,� �`��� (, Ui � OF
54FC sc= NIc.i�5 ; a TNL C�u�
Conflict of interest. If a board member believes he /she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the
other members of his /her respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has a separate, private
or monetary interest, either direct or indirect, in the issue under consideration. The member should then excuse himself/herself from voting on the matter.
What areas of concern would you like to see addressed by this committee? 7 &J 1~ 1eo AA
0i.Lk �A TOT R. ICatA I
,j 0�ATI o�J
%D � tJ Lt- T )!'✓`E P/Q A Pi IN b
Qualifications for serving:
P - �,
Other municipal or county boards committees on which you are serving:
List three local personal references and phone numbers: Q ,�
1 hereby certify that 1 pay New Hanover County Rrre Service Distri ax and that 1 have no affiliation with any local
volunteer Are sere'
Date: Q� organization, nor have been an affiliated me er f h orga Lion for the past 3 years.
Signature A r
Appliq6tions are A on file for 18 months
Please use reverse side for additional comments
Board of Commissioners Meeting
10/18/2010
18 -3 -50
New Hanover County
Board of Commissioners
230 Government Center Dr.
Ste. 175
Wilmington, NC 28403
July 27, 2007
Thank you for taking the time to review my application. I believe that I am uniquely
qualified to serve as an At Large Community Representative on the Board of Fire
Commissioners. Having volunteered, many years ago, at Castle Hayne VFD and served
as their treasurer as well as currently serving the City of Wilmington as a fulltime
Firefighter, I have a working knowledge of the operations of both Volunteer and Paid
organizations. As a taxpayer, I have a desire to see the Fire/Rescue services in this
County grow and progress to meet the needs of a constantly growing and changing
population. The commitment and sense of purpose I possess in all endeavors, would be of
great benefit to the Commissioners and the Taxpayers.
Thank you for your time and attention, I look forward to your response.
Si ly,
ohn Charles "Chuck" Bower
910.540.8525
Board of Commissioners Meeting
10/18/2010
18 -3 -51
JOHN CHARLES "CHUCK" BOWER
3804 Prince George Avenue
Castle Hayne, North Carolina 28429
Home: (910) 675 -1709 •Cell: (910) 540 -8525
PROFESSIONAL EXPERIENCE
City of Wilmington •Wilmington, NC 11 /00 — Present
Fire Fighter II
• Medical responder.
• NC Region II HAZ -MAT team.
Cape Fear Community College Boat Building School ■ Wilmington, NC 4/00 — Present
Continuing Education Contract Instructor /Fiberglass Repair
■ Instruct students on fiberglass repair on a part -time, contract basis.
B ayshore Boats, Inc. ■ Wilmington, NC 6/02-1/03
Tooling & Design
■ Assisted in the development of a sport fishing boat as a new product for the company
on a pant -time, short -term basis.
Paradise Composites, Inc. • Wilmington, NC
Owner
• Small custom parts manufacturer.
• Consulting.
1/99 —3/01
Port City Fiberglass, Inc. • Wilmington, NC 1/87-12/98
Vice President/General Manager
■ Administrative responsibilities included supervision of production scheduling,
purchasing, research and development, hiring, and sales.
■ Hands -on responsibilities involved tooling and mold making, fiberglass lamination, spray
painting, equipment maintenance, final assembly of parts, and shipping and receiving.
Fountain Powerboats •Washington, NC 1986-1987
Tooling and Mold Making
■ Assisted in the manufacturing of production molds and one off custom tooling.
MILITARY EXPERIENCE
United States Navy 1987 — 1990 (Active Reserves)
BT2/Ew5 1982 --1986 (Active)
• Served as Boilerwater/Feedwater Quality Manager; Morale, Welfare
and Recreation Petty Officer; Shipboard Fire Fighting Team; Enlisted Surface
Warfare Specialist; and Engineering Space Supervisor.
• Responsible for propulsion engineering, maintenance and operation of fuel oil
pumps, main feed water pumps, 600 psi boilers, water distillers, and forced draft blowers.
• Honorable Discharge.
Board of Commissioners Meeting
10/18/2010
18 -3 -52
i
JOHN CHARLES "CHUCK" BOWER
— Page 2—
EDUCATION
Business Related Training:
OSHA Standards and Compliance • Working with Styrene Suppressed Resins • Mold Repair and
Refinishing • Composite Core Materials • Ventilation and Dust Control • Process Controls for
Small Business • Gel Coat Application and Troubleshooting • Secondary Bonding Procedures ■
Wood as a Core Material • Business Management • Composite Engineering for Non - Engineers •
Osmotic Blistering Prevention and Repair • Production Economics of F.R.P. Boatbuilding •
Adhesive Bonding • Damaged Core Structural Inspection and Repair • Repairs to Single Skin
Laminates ■ Production Building with Epoxy ■ Transom Repair and Replacement •
Conversational Spanish for the Workplace
Fire Service Training:
N.C. State Fire Fighter II Certified • HAZ -MAT Technician • LP Gas Emergencies •
Introduction to Fire Cause and Origin •Incident Command System •Defensive Driving •
Positive Pressure Ventilation •Legal Aspects of Fire Service •Flammable Liquids and Foam •
Radiological Monitoring •Managing Company Tactical Ops (NFA Course) •Fire Attack and
Strategies (NFA Course) •Emergency Vehicle Operation • S.C.B.A. •Advanced Forensic Fire
Investigation
Basic Engineering School • United States Navy, 1983
Chocowinity High School • Chocowinity, NC
■ Graduated 1982
COMMUNITY ACTMTIES
Cape Fear Community College Boatbuilding Advisory Board, 1994 - Present
Wilmington Harbor Enhancement Trust, 1996
Riverfest Committee, 1994 and 1995
Tutor, Cape Fear Literacy Council, 1993 -- 1994
Volunteer Fire Fighter, Castle Hayne VFD, 1988 — 1995
Board of Commissioners Meeting
10/18/2010
18 -3 -53
t
John C. Bower
Public safety related training
5188 L P Gas Emergencies
4189 Emergency Vehicle Operations
6/89 Incident Command System
11/89 L P Gas Emergencies (Night Burn)
4190 Legal Aspects of the Fire Service
4191 Fire Attack: Strategies and Tactics
5/91 Flammable Liquids and Foam
11/93 Managing Company Tactical Operations (NFA Course)
1/94 Introduction to Practical Fire Cause and origin
6/94 Fundamentals of Radiological Monitoring
12194 Fire Apparatus: Emergency Driving
11/95 Advanced Forensic Fire Investigation
3/96 N.C. Firefighter II (Course completion)
3195 Conversational Spanish
8/00 Train the Trainer
1/01 Completed W. F.D. initial hire training
11/0 1 Medical Responder
1/02 Bus Extrication
4102 Hazardous Materials Technician
12/02 Hazardous Materials Chemistry
2103 Designated Hazardous Material Technician Level II
3103 Operation & Maintenance of the Drager Civil Defense System
3103 0 & M Weapons of Mass Destruction Detection Technologies
3/03 0 & M Multi Rae Multiple Gas Detection Meter (Photo ionization)
3/03 0 & M Hazmat CAD
3/03 0 & M Passport II (Photo ionization)
3103 Use of Chemical Agent Detection Materials
10/03 Weapons of Mass Destruction Detection Technologies
10/03 Mass Casualty Personnel Decontamination
4/04 Clandestine Drug Labs and Explosives
6105 Introduction to N.I.M. S. I C 5--700
12105 Incident Response to Terrorist Bombings
2106 Advanced Radiological Surveying Techniques
5106 I C S 100 Intro. to Incident Command System for Operational First Responders
5106 I C S 200 Basic Incident Command System for operational First Responders
10106 Terrorist Incidents 1 Flammable Firefighting Techniques
11/06 Weapons of Mass Destruction Hazardous Materials Technician (COBRA)
Board of Commissioners Meeting
10/18/2010
18 -3 -54
Jul -28 -2010 01:44 PM GUILFORD MILLS 335 -316 -4889
NEW HA NO VER COUNTY
BOARi] OF COMMISSIONERS
230 Goveroment C enter Drive, Suite 175 r
Wilmington, NC 28403 e
Taloptrorre 19 798 - COMMITTEE APPLICA
FAX 19101 798-714.5
8aardiComn7ittee: BOARD CF FIRE COMMISSIONERS - AT LARGE COMMUNITY REPRESENTATIVE
Name: E -Mail: @ \1
I r
I
Home Co A ddress: _ _ M0, P't CA k I vlq kyl
(S er er) ` (City; (2!p Cadet
Mailing A ddress if differen
(City) (Zip Code!
Ham a Phone: r 2 2.q -- V Fax: Cell. C�� () - 23,S - 4961 8uslnesv : _ r
Years living in J C ffiJC6SjM New H anover County. Male. Fem ale: Re ce: _�hj Age;_
unformiwan far flit l)impnse of essuiing a cross- sectlon of the communhyl
Employer: `1
J vrW MM. -1T�
(A pe►son currently amployed by the a -qvncy r) r dei)j9M"enI for which this application is made, must resign hh1hcr posi ;ion with
Nuw Henove.r County upon appointment, in accordance with Article Vi, Sec. 4 of rite New Han aver County Personnel Policy.!
Occup ation* r
Professional A c tivlxies:
Volunteer Activities — _
Why do y ou wish to serve on this board /committee? Q ][� YA % j,� _
�rnyr�u n� XA OL v
err Yw4... -wr �r. Y1 Y r7 r �'•. 7.1'+1 �"r
coolver of loterest: If a board Cmber believes he /she h a co or potent co►lfftct of lntcrost on a particular issue, that member Should state this bellef to rit
o[hor momhcrs of hislher respeceive buurd dada# a publlc meoring. 7'ho member shortld stale the nvfure 0f Elie corl cis ratlitig r ip at It Mah e noe to sopararip. private
or monetary inlere -M dililee dkee or 111d1recr, In the Issue tinder canxidcmrion. The member Sftultl 11100 excuse himselflAerself from voting an the m2frer.
What areas of concern would you like to see addressed by this committees
C tmc e a as
Qualifications for serving; _ .� __ ,.,.� _
Other municipal or county boardslcommlttees on which you are serving; noRk
List three local personal references and phone numbers: L04
1. � oW)-- 2, - 1 D--
.2. a ____
3. Lam r0\
1 hereby certPfyr that ! pay New Hanover County Fire Service District Tax and that I leave no affiliation with any local
volunteer fire service organizatlon, nor have boon an affiliated member of such organization for the past 3 years.
Date �- ❑ Signature
Y.
AppliGations ecru kept 0 file for 7S manthS
Board of Commissioners Meeting please use reverse side for additional comments
10/18/2010
18 -3 -55
212
06/18/2007 10:32 FAX 910 815 2768 BB &T TRUST 9001
New Hanover County
d of CommbsWitcrs
320 Chaftut 5trwk R000i 3 05
Willa ftwo. WC 28 401 -409
Telapkow' (910) 798 -7
Fax: 199 -71
CONMff= APPUCATION
*1 #W% $A^ I % 5 to o
rg -F % rme, :5
Board/Committwo - - - - - - T� a U -47
Name' � C' � 0.✓� � C f'
Home F Y
- o l L ov%Ao r a
(Seft.q (Cy,$) cz+r ce.,
Msbi.f Address U different.
Rome Pbojte:S I usinen/Work Pbane; 0
Years Living in
New Hanover County: Male: __ Female: Race: AV:
►�orr■►arin tart t� ! �t arsaria� ■ eeo se �o of a �a�
Employer:
[A }ers A ewrrw dy employe d by dw agescy • r d"artneat liar wbkb &b amumdem b nom, a m# rests iislher PORN" With N err B sorer C Oety
a pm sppebta ak is ■awd ale wah Arliele V% seetlea 4 of the Now ILOWVer C6029 ft"e 691 ftftY
Job 'IWe: -
a I
Profal Ad�tia:
Vofmteer Activities:
why do yom. wish to %me an " boardteom�ttee�
e e
coaflbe Drummer to board member beawi a■ /#A* bra o nnisar ar polrawl comeat et worm) on ■ peftufor 1*w. itst member shoWd scsjo thm b0ftefto So DOW
ammboes of in ► hoe noosO n bawd aurk e s POW =soft. Us mrmbW sbovo 81a#r the veWs of no eawAid. deta9ft ION h&ftko MS ■ saprca 0. Od"ft or Monetsry
lnforW #11W dkiW or indeed, to So fsaw der candid IxWn. Tko Iwrmbm skoasd th" axes@■ N1 / WS0 f fto vOOD on 00081
W6st area of eoncen world you Hke to see addressed by this caomittee?
c..... t+zz..c
Quail icatioos for serwag:
0tkr manidpal or misty baurrdalea®aslttem as wbicb you are icrvlog:
List three iocA parsonet re6rcincea and pieame numbers:
:. �ete r_
I
tare:
D a te: `~ 0
._ ... _ as
A�rieaNew aro lre*r of fik for l/ iavotis
i
F
h
CO
Board of Commissioners Meeting
10/18/2010
18 -3 -56
C 0
9(0
ocrel\
Use ror"se aft r" a tl - erwseaft
06/18/2007 10:32 FAX 910 815 2768 BB &T TRUST
Committee Application for Brian McCormack (continued).
1.} Wh do You wish to serve on this committee?,
I was a volunteer firefighter with Ogden VFD from October of 2001 until December
2006. In December of 2005 I developed a medical condition which prevents me from
qualifying as physically fit for duty. I wish to continue serving both my community
and the fire service. After careful consideration, I feel that my perspective as a
volunteer firefighter, a family tradition of fire service, familiarity with county
government and understanding of the emergency services industry prepares me to
contribute to this committee. I am no longer affiliated with Ogden VFD
2.) What area of concern would ou like to see addressed by this committee?
I would like to see the committee continue to focus on all of the criteria which is
necessary for a favorable insurance rating and the resulting safety improvements to
Moth fire personnel and the citizens of New Hanover County. I would seek to
maximize the county's ability to receive Federal grants and funds associated with the
Fire Act and Homeland Security and for those funds to be utilized in the most
efficient manner with a emphasize on safety.
I would seek to improve the relationship between all of the interested parties. This
would include volunteer, career firefighters, Sheriff's Office and Emergency Medical
First Responders.
Qualifications for servin
5 years volunteer firefighter experience. Certified NC firefighter level I and II.
Certified NC Emergency Vehicle Operator.
Other municinai or county board 1 committee on which you serve;
Industrial Facilities and Pollution Control Financing Authority
9002
Board of Commissioners Meeting
10/18/2010
18 -3 -57
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
230 Government Center Drive, Suite 175
Wilmington, NC 28403 G
Telephone (910) 798 -7149 COMMITTEE APPLICA TION
FAX (910) 798 -7145
Board /Committee: BOARD OF FIRE COMMISSIONERS - AT LARGE COMMUNITY REPRESENTATIVE
Nome., "Icchr%N ES
V_V 31
e -iwac kF_yia�'�O�C .Pnn.�� --
�om e
Address: a I t C..
(S tree ti (City) (zip Code)
Mailing Address if different:
_ - -- (City- ----------------- - - - --- (Zip Code)
7 _ Fax: Cell: 9 iV 1 40RO %16-PI Business: q I d 3�� _ 3 is)
Home Phone. �� �{�� _ N_
Years living in
L.�C►
New Hanover County: � Male: -_ Female: _ � Race: W )I Age:
(Information for the purpose of assuring a cross - section of the community)
x
t3� O Al C I
p sv V Em Io er. A _� -��
--- position (A person currently employed by the agency or department for which this a pl►cat►on ►s made, must resign his/her pos n with o
New Hanover County upon appointment, in accordance with Article Vi, Sec. 4 of the New Hanover County Personnel Policy.)
Occupa tion. EZ EZ ear igo , C1 1
5 - �— -- -. ----
Professional Activities: r M Q, _ o a V __ Awe•
Volunteer Activities: ZA&/ !JQ __. ` 11 �m- _____ ______ ______ ---- �.----------- -- ---- --- -_ - - --
Why do you wish to serve on this board /committee? �"� e . L It To
T e G .
A � 1 14A 11 �4 %
■v 1 _� _ 7r _ _ -- --_ - - - - - --
_--c_? �► --- -- _�__�___ --- -
Conflict of Interest: If a boar ember believes he/she has a conflict or potential conflict of Interest on a par Uclar issue, that member should state this belief to the
other members of his/her respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has a separate, private
or monetary Interest, either direct or indirect, in the issue under consideration. The member should then excuse himself/herself from voting on the matter.
C al v k l ook& � Wh at areas of concern would you like to see addressed by this committee.
E
Qualifications for serving: f 0 VaLs
-S L-V %&- ZT
Other municipal or county boards/committees on which you are serving : ---
List three local personal references and phone n tubers: oft H.
2. n0 . ~S A) a : yn d _ 1 I L vw► ! N o� n7 Cl �� .1 n'_5 1��a
3.
Date:
ell A -3 - --
L/
1 hereby certify that i pay New Hanover County Fire Service District Tax and that I have no affiliation with any local
volunteer fire service organization, nor have been an affiliated member of such organization for the past 3 years.
0 34/D
4 pplications are 161 on file for
for additional comments
10/18/2010
18 -3 -58
NEW HANOVER COUNTY
BOARD OF
xio swe »s
�
Alow „� CO APPUCATION
To*ftM
■� sazon
f
H
4613 old Dr Wilmington 28409
PW
SMO -252 - W
ye” "ft ie
fftoovw
Fix& t
f upr
Apwwn aww* by fbr OW b-1110 , n"wN*whbqwpGlft
WX 4 cf C%nwly
.y
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�t o A►■ �r� !mss ! c+ or t of**~ on n pwftuhwftM nmpr am& #* k" so ft cow
� or�lrAir iM�M � � � � �►�s�Mo � �� �� r �� l�t��M�r � � s�pN�r�liR p�� or �r�►
MO err ft ow,
What arm d coerc�m wot�d rw i� b sus s�ddr�n�d br tl�s ao�nn�T so .usvr. tit t�,• c�tiz.�ns
N11 a
3 year U. S . C . G / 25 year firs service .
niwMcw or cotes Qn NIMch yar arse sue: � 00000
aim moo
P-1 it !z
f
I I
LincKan Kill. 910 -792 --1910
j. r `fir �J � !�t!1t�r� ►j 4
93,
9-29-2010
! l cwwry Bard at
-4*L-.AwmkKLw�
Board of Commissioners Meeting
10/18/2010
18 -3 -59
NEW HANO VER COUNTY
4 0 �7k •,�o
BOARD OF COMMISSIONERS
230 Government Center Drive, Suite 175
Wilmington, IVC 28403 o
tele on' 1910) 799-71 49 COMMITTEE APPLICA TION
FAX 19101 798 -7 f 45
J�a1JAW* v
D on rdl Corn lase: BOARD OF FIRE CONAISSIONERS " AT LARGE VOLUNTEER FIRE DEPARMENT REPRKSENrA �` S
M.
Name: +1� E- Meilr,' • - �,,�•
Home
Address:
rS =reed ICiry1 OP Code)
Nolling Address if different:
(City! (zip Code)
• .
Home Pfrone, 9/ Fax. �Q Cell, J/ Adslness.
Years living In
Now Hanover County: �o Male: _Z Female: wmmw�u� Race: _ Age:
(Informerion for the purpose of essuring a cross - locrion or the community)
Employer: ____flq X Q010 0 0
.�..
(A person eurrenrlV employed by the agency or department for wh ;cn this apptioarlon i s made, mu fas►gn nlslher position with
New Henovvr County upon appointment, In eccordence wi Article Vl, see.. 4 of rho Now manover C ounter Personnel Policy.)
Occupation:
_.._
Pro fe ssio cal A c tivi ties: �-[ i#-�t ��• `�j�
Volunteer Acti vities.
Why do you wish to serve on this boa►d1commlt tee a t C
L.7,4 VL
ConRlei of interest: If o 40erd member polleyes heAho hss ■ conf►icl or porandsl con/lfer of Interest an a Porticuler ;ssue, rhof member should ,Mote this belief ro the
ether mombers of hlslhar respective boird during a public meeting. The member should *rate tie neture of Ina ccnfllct, dotel#ng MaY helsne nos s saparare, p►Mete
or monetary Interest, allher direct or indlroct. In the Issue unosr consideration. The membor should than BkCuse himaeWherself from voting on fit* inetter.
What areas of concern would you Iffre to see addressed by this commIttee? r� !
C4QkJTY 6&j r
0 0 Jr Af W 4tUrA.
Qualifications for serving:
eA
Other muelcipal or County boards/Committees on which you are serving. nr
I hem o d#y that I pay Now Hanover county Firs Service D *der rax.
Date: r b Applicant's Signature
Volunteer Fire Department s brniHad by: � � � � �n� I
FIre Chief Signature
AppNcetivns ere kept on File for 18 month*
Please use reverse side for addltlonal comments
Board of Commissioners Meeting
10/18/2010
00H °N 18 -3 -60 W���•6 'un
COMMITTEE APPOINTMENTS
PLANNING BOARD
2 VACANCIES
1 - Unexpired Term 7/31/11
1 - Unexpired Term 7131113
UNAROM
rr I
ELIGIBLE FOR
REAPPOINTMENT
Attachments: Committee Information Sheets
Applications
Board'of Commissioners Meetin
10/18/2010
18-3-61
NEW HANOVER COUNTY PLANNING BOARD
Number of Members: 7
Term of office: Three years
Compensation: $20.00 per meeting
Regular Meetings: First Thursday of each month at 5:30 p.m. in the Assembly Room of the
New Hanover County Courthouse, 24 North Third Street, Wilmington, NC.
Statute or cause creating Board: N. C. General Statutes 153A -321. New Hanover County
Ordinance and Resolution establishing Planning Board dated September 2, 1980, for the purpose
of planning and making recommendations in order that the elected and appointed officials of the
County may competently perform their duties.
Brief on the functions: Make studies of the County and surrounding areas; determine
objectives to be sought in the development of the study area; prepare and adopt plans for
achieving these objectives; develop and recommend policies, ordinances, administrative
procedures, and other means for carrying out plans in a coordinated and efficient manner; advise
the Board of Commissioners concerning the use and amendment of means of carrying out plans;
exercise any functions in the administration and enforcement of various means for carrying out
plans that the Board of Commissioners may direct; perform any other related duties that the
Board of Commissioners may direct. Much of the Board's time is consumed with Land Use
Planning, Zoning, and Growth Management Issues.
Board of Commissioners Meeting
10/18/2010
18 -3 -62
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Troy Barboza
Unexpired 7/12/10
7/31/12
6118 Chilcot Lane
Wilmington, NC 28409
796 -0672 (H) 262 -0321 (W)
Richard M. Collier, Chairman
Unexpired 5/21/07
7/31/09
3708 Needle Sound Way
First 7/20/09
7/31/12
Wilmington, NC 28409 -2829
790 -5769 (H) 520 -7754 (W)
C. Andrew (Andy) Heath, Jr., Vice - Chairman
First 7/21/08
7/31/11
3513 Aster Court
Wilmington, NC 28409
790 -4580 (H) 799 -8181 (W)
Melissa Gott Johnson
First 7/24/06
7/31/09
602 Chestnut Street
Second 7/20/09
7/31/12
Wilmington, NC 28401
547 -8050 (H) 251 -6088 (W)
Board of Commissioners Meeting
10/18/2010
18 -3 -62
NEW HANOVER COUNTY PLANNING BOARD (CONY.)
I r
Revised 8/9/2010
Board of Commissioners Meeting
10/18/2010
18 -3 -63
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Tamara Carter Murphy
First 7/12/10
7/31/13
5105 Exton Park Loop
Castle Hayne, NC 28429
623 -4011 (H) 251 -4048 (W)
Tara Schwenzfeier Murphy �
First 7/12/10
7/31/13
6107 Dorsett Place
Wilmington, NC 28403 10141
612 -4037 (C)
Kenneth F. Wrangell
First 7/11/05
7/31/08
108 -A S. Kerr Avenue �
Second 7/21/08
7/31/11
Wilmington, NC 28403
632 -9136 (H) 7948704 (W)
Director: Chris O'Keefe
File: /Planning
Planning &Inspections Department
B/C #24- 7.10
230 Government Center Drive, Suite 150
Wilmington, NC 28403
798 -7165
Revised 8/9/2010
Board of Commissioners Meeting
10/18/2010
18 -3 -63
6- 8 : 2 1 AM ; FOCUSTAR MORTGAGE
New Hanover County
Board of Commissioners COMMITTEE APPLICATION
Board /Committee: planning Board
Name: James D. A. "Jim" Felds
Home
Address: 5309 Clear Run Drive Wilmington 28403
(street) (City) (zip Code)
Mailing Address If different:
;91 07991925 # 1/ 1
230 Government Center Drive
Suite 175
Wilmingft,NC 28403
Telephone: (910) 798 -7149
Fax: (910) 798 -7145
E - MailAddress : Jim@FocustarCapital
Nome Phone: 910 - -5566 F ax: 910- 796 -19 Cell: 910 - 352 -7119 Business: Comm/Govt Fin
Years Living in
New Hanover County: 1 B Male: Female: Race: White Age: 5 9
(Information for the purpose o[ assuring a cross section of the community)
Employer: Fo cus tar Capital Group, LLC
(A person currently employed by the agency or department for whicb Ibis application is made, must resign his/her position with New Hanover County
upon appoio tment, in accordance with Article V1, Section 4 of the New H Ono ver C ounty Person nel Po licy.)
Occupation: Man aging Principal
Professional Activities Member - Banking Committee, Brunswick County - EDC
Volunteer Activities past President, B 1 nai Israel Congregation
Why do you wish to serve on this board /committee? The future plans adopted will be super influential
on community growth and attractiveness to its current and future citizenry.
Conflict of Interest I aboard member believes he/she has a conflict or potential conSrctof interest an a particular issue, that member should state this belief to the other
members of his 1 her respective board during a public meeting. The member should state the nature of the conflict, derailing that helshe has a separate, private or monetary
interest, either director indirect. in the issue under consideration. The member should then excuse himself /herself from voting on the matter
What areas of concern would you like to see addressed by this committee? Sustain of the beaches,
waterways, growth of rec facilities,the development of the North Side, and finances!
Qualifications for serving: Experience in residential, commercial, s most recently gov' t finance.
Lifelong entrepreneur. Understanding of development and required capitalization.
Other municipal or county boards/committees on which you are serving: n one
r�dr
List three local personal references and phone numbers:
1. Joel Tomaselli (910) 367 -1590
JUN 1 02010
Z. Jon Vincent (910) 256 --0101
NEVI HV40'ER CO.
3. Walt Conlogue (910) 262 --6507
Date: o '
l Signature:
Applications are kept on file for 18 months
Board of Commissioners Meeting
10/18/2010
- - `
• ..
Use revs side for additional comments
06/27/2010 23 :14 3104501533 HARRIS PAGE 01
New Hanover County
Boa of Com m issuers
COMMITTEE APPUCA ZION
2 30 G overameat Center DrI e
Suito 175
Wilmingto..NC 2:403
Telepkam: (9 1 Q) 796-7149
Fax: (914) 799-
Beard/Cowwmittec : low Haar ov* County Pla mi.ng Board
Na.e: Lorl Harris
Dun Address: Silver Sloop way, Carolina Bead r 8
BC 2842
(Street) (City (gyp CO AC
Mailing Address if differeut:
$ -M4 Address: iharrl a2 0O 6 $ yahoo . ooe
Home Phme: 910 458 1533 Fax: Coll: 910 409 O202 ftshmss:
Ye2rs Living it
New Halevver Cos 5 A� Fewa1e: f fret: Caucasian Age: 4
(information for tue lwrpise of assuring a cross stoles of tke temnrooky)
Emptoyer: The N*w York Times - Star News media
(A person curreat#y emp yed by the agency or departmost for which this appRcatwe is tame, smst resign kistmr position wiib New Hanover Gouwy
upon app owtoont. in accor4m ee wit Arsicle V1, Sec ties 4 of the Naw if now ver Cevnty Pe, rson wa Fe Sky
.�
Dompaios: burkeeting
Pr al Activities; Project NWkn t Institute; Professional markoUng Association
Vebm Leer Aetivities: Rotary. optinist of the Part City; Cape FO Garden C lub Inc-
do ae ►i3b to serve oa this bvardlea�iswtt '
Desire to help interpret and provide application
Why �
of the xew Hanover County ordinances as adopted by the I�nov*r County Comma ssion .
CvpNfct sE hrftr*&r I aboard MCMAtr beff*vea k* / she has a conflict or pelowfial eoANCtof Atemat an a partkular issue. that member sh state this befiefto so other
mombers of bis / h reopeclive boom dvMg a pabW me @*ng. Th member wmvto state the almure or the conilfct. dete&inp that woo has a separate. private or mewetsnr
tnmrrst. virbar dfroet or indirect. in" imWe Undor eonsWerah". The member should then excuso himself .1 hersoff Imm votrog am the matter.
What areas of concern would you time to see stud d reseed by this tom. i tt,.7 Qus.l i ty Deve1 apOn t ; Hoa3. eh and
Sustainable C ty ; Accoun tablll ty t owar d Now Hanover County ordiWmGes .
Q u afifimflons i6r servi • 8 - A . organizational Devol cTmant and Business Manage ent Project
managemen Certification; Prior economic devOlapMmnt service and volunteer work
Other ®aseci i coat boards/comaittees on whicb you are serv=mg: 2006 -2007 ltlyr Homelessness Planning
� or at3'
Comm .ttAm; Greater Antelope Valley $conoemc A113-ancm
List threo Weat penesel referesees stud phone A a ors:
I. DaLvre spetxj no
2e Grad g Stevens
910 763 8764
910 794 8699
3. Ashley N& 11er 914 538 9270
D.te: June 2, 2010 Sgasture:
A pplications art kept ow ft for la months
Board of Commissioners Meeting
10/18/2010
18 -3 -65
r-
D , C �# SI RSA
U rev arse sib W Mdittonal case me it is
10/14/2010 12:58 FAX 9107996223 HILLA BUILDERS 001
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
230 Govemment Center drive, Suite 175
Wilmington, NC 28403
Telephone (970) 798 -7149
FAK (910) 798 -7145
Board/Committee. Planning Board
I, =ii4i I 4_11rlkllaa MOK
g
N ame.- Daniel H i 1l a B, . fl danhilla@&,ol.com
Horne
ddress: 622 Timberlake Ln . , Wilmington, N.C. 28411
Maili Address If difFergnt. 311 - 8A Judges Rd. , Wi lmington, N. C 28405
(City) (Zip Code)
Home Phone 910 586 -4 46 4 Fax: 910 - 799 -9921 Cell: 910- 443 -4454
Years living in
New Hanover County: 18 Male: v( Female.- mace: Whi to
(information for the purpose of assuring a cross -section of the commun8y)
Business:
Age: 4
Enrplvyer; s elf Employed- Hi llat Builders,, I
A person currently employed by the agency or department for which this application is made, must resign hislher position with
New Hanover County upon appointment, in accordance with Article Vl, Sec. 4 of the Now Hanover County Personnel Policy,
Occupation: Home Builder/ Real Estate Development
Professional Activities: Past Pres WCEA/ Paa t BBD SASE /HOD Wilmington Interfaith Hosp Network
Volunteer Activiti St-Marks Church /Landry Bu Bas ,11 /Coastal Carolina Clippers-i hockey
Why do you wish to serve on this boardlcomniWee? To use my experience and judgement to serve the
public and act as an advisor to the Commissioners in their vision for the county's future
C+oafl (oI Interest: If a aboard member believes ha the has a ooMict or potendal conflict of Inh esf an a p+er 1cular ISSUP, that member s hould slate this ballet to tMe wor
members of hlslher respective bowl donna a public maedng The member shoidd state the nature of ft conRid, detaalllnp that hathe has a separ@hk pdvets, or mo netary
interest, either d teat or indirect, In the Issue under oanslderaaffan. 77re member should than excuse him e10* self flvrrh vaoUng on the mrettaer.
What areas of concern wouldyou like to see addressed by Otis commune? Rosa other than treating
everyone fairly and assuring that everyone follows the same rules
Qu for serv ing: 25 yrs . building and developing all 1 evel s of housing, including
Lennon Hills, one of Brunswick County's first "Green" neighborhoods.
Other municipal or county bos rdstcomrrri s on which you are sensing: None
Ust three local personal references and phone numbers: I � I
OCT 1 4 2010
1, Monte Coughlin 910 - 233 -0544
2. Roy Archambault 910 --233 - 2229 NEYV HANOV CO
3. Dr. Ken White 910 -- 232 -8351
Date: 10/8/201 Signature ej-ff* �z
Applications ar kept on No far Z 8 months 1 U0909tand that this appointment swves at dfe ple u►s
of the Now Hanover County Barad of Cominla� fan ®rs.
Please use r+averse side for addltivnaaf comments
Board of Commissioners Meeting
10/18/2010
18 -3 -66
New Hanover County
Board of Comnussionen COMMITTEE APPLICATION
Board/Committee: Now Hanover County Planning Board
Name: Mark T. Imperial
Home
Address: 4903 D owa r s Circle Wilmington
28409
(Street) (City) (Zip Code)
Mailing Address if different:
l -Mail Address: imper!a1m@uncw . edu
Home Phone: 910- 313 -2588 Fax: cell: 910- 431 -2096 Business: 914 -962 -7928
Years Living in
New Hanover County: 9 Male: Female: Race: Whi te Age: 42
(Information for the parpose of assuring o cross section of the cominvaity)
Employer: University of North Carolina Wilmington
(A person earrently employed by the agency or department for which this application is made, as resign his/her position with Now Hanover County
upon app olntssent, in accordance with Artic le vI, Section 4 of the Now Hanover County Pors000eI Policy.)
Occupation:
Professor
Professional Activities: MPA program director, professor, local land use pla=nning consulting work
Volunteer Activities: Coalition member, , Lower Cape Fear Stewardship Development Award Program
Why do you wish to serve on this boardlcommlttee? I worked as an analyst in an coastal mgt. agency
in RI an de CAN& plans locally. I feel my expertise would benefit the board
Contlict of Interest: IF a board member believes he I she has s confect cr potential conflict of interest on a particular issue, Mee member should stale this beliefto be other
members of his 1 her respectiva board during a public meeting. the member should state the nature of the conflict, detailing that he/she has a separate, private or monetary
Interest, either director indirect, in the issue under con sideration. Them ember should then excuse himself ! herself from voting on theme tter.
What areas of concern would you like to see addressed by this committee? Continue to try and blanace the
need for econ . development while advancing our quality of life and protecting the envt .
Qualifications for serving: 3 years as environmental policy analyst with RY C W, developed CAMA
Plans for 3 beach c zy - uxnities , other local government consulting, Ph.D. in Public Adm.
Other municipal or county boards /committees on which you are serving: None i arum a Coalition nwmber o
the Lower Cape Fear Stewardship Development nt Award Program and C I a
List three local personal references and phone numbers: 8 2010
1. Shawn Ralston, Senior Environmental Planner, NBC 798 -7444
2. Earl Sheridan, Dept. of Public and International Affailra, U**, 91RAfM, # *
3. Roger Lowery, Chair, Dept. of Public and International Affairs, UNCW, 910 - 962 --3224
Date: June 28, 2 010
Applications are kept on file for 18 mosths
230 Government Center Drive
Suite 175
Wilmington, NC 28403
Telephone: (910) 798 -7149
Fax: (910) 798 -7145
Signature.-
Use reverse side for additional con meats
Board of Commissioners Meeting
10/18/2010
18 -3 -67
05/13/2010 16 :13 9102564036 PRUDENTIAL CRES PAGE 01
New Hanov County
Board of Commissioners
C0NUMn= APPLICAT ON
BasrdlCvmmittee: New Manover County Planning B oatel
VL •/•
230 Government Center Derive
5r ite 175
Wilmington. NC 2$ -403
Telephone: (910) 799 - 7149
Fax: (910) 7919•714S
.Tame: Susan Keel:Ln
Hrsne
Address: 1315 John's c reek Road Wilmtngton, RC 2
M�
(st reet) (Cay) (Zip Cad
nAiung Add ress if different:
E Address euisankeelin@ aproductiveapproach . con
Home phvne. 9 .0.79 Fox: 910.208.2],36 Cel 910.409.5 BuS� SS: 910.2 08.2101
Years Living in
Age: 42
New Hanover County: 18 Male: Female: . W . Race: m ite
(1a%rmalitwe f or the purpot of amnriwp ■ ere as auction of the cem man itr)
Employer. self - A► Productive App roach
(A perinea eu rres tly empieyc O My the ■g ercy or depar neon t ftr which this application is vonde, inapt re sip kis&er posmow with New R■urver C eenly
wp ■pp6ataiewt, in aaeordww with Article VL. Seedon 4 of de New IN seerrr CorMty perpnn reaky j
Occupation: Attorney Facilitator, Mediator
Profewdonal Activides: see attached
Volunteer Aetivities: see attached
Why do you wish to sere an this boa"Vcomm -ttee? To use my talents and exPerience lg for the good of
the a - uni ty I live in. Be cause I b el ievre in public s ervi ce and vat, unteeri sm .
Contikt of fthreet ire bos►d member 0400 ►os he /she bet conflct or pote candle► of interwi on a pars twi #wve. t hp= momber ahould ata is this bellatto tho WN W
M#mbArs of hia l her r+espective Word during v public rneelinp. The me-moor should a(vto fho millure of Me conflict, dotoOffig thAt ►+W*68 has s eepero[e, prlvete or monototy
►r� rD , either e�r+eet or lndir+sCt, In tAe Issue uAdor COnaNeerati The member should then 4xo n neraeil rro votlnp on t he metter.
What amens of concern would you like to we addressed by this committee? To ensure that board members are
well thoughtful and delibarative before making recaiiIAende►tiOnS .
gallfications for serving I have lived in Nor Hanmmr County m y M ire adult life and bav+e spent
my career :Ln real estate , as a lawyer and Dial broker.
Other manicipal or county boards /canmittm oa which you are serving: none
List three local personal refemees and phone numbers:
1. W anda Copley 910.352.6838
2. Ken Shankliz 910.762.9400
3, John Lennon 910.512.58 95
ate: M 13 2010
Applie.etioe1 ■re kepi OR lilt for Is iwePtho
$ignsture: ,,Z V 11;1
Board of Commissioners Meeting
10/18/2010
18 -3 -68
F,
D)
BD OF C0MM1qqz1f)&1
NEW HA NOVER CO
L9_ PRI
ly
11xe rrr de for additional corn me is
05/13/2010 16:13 9102564036 PRUDENTIAL CRES PAGE 02
Addendum to
New Hanover County Planning Board Application
From Susan Keelin
May 13, 2010
Professional Activities:
North Carolina State Bar
North Carolina Bar Association
Dispute Resolution Section, NC Bar Association
Certified Mediator, Northb Carolina Dispute Resolution Commission
Real Estate Broker, North Carolina Real Estate Commission
Southeast Association of Facilitators
Wilmington Chamber of Commerce
Volunteer Activities:
Fine Valley United Methodist Church, member
Pine Valley United Methodist Church, Education Co3mnaittee
Jobn's Creek Homeowners Association, Board of Di,rectors/Seeretary
North Carolina Azalea Festival at Wilmington, legal counsel
Cape Pear Literacy Council, past director
VLF' on Rotary Club, past member
Board of Commissioners Meeting
10/18/2010
18 -3 -69
New Hanover County
Board of Commissioners COMMITTEE APPLICATION
Board/Committee: NHC p lanning Board
Name: Todd King
Home
Address: 619 orange Street
(Street)
(City)
Mailing Address if different:
E A� Address: tkingnc@ yahoo. com
Home Plane: ( 910) 540 Fax: ( 910) 2 5 6 0 0 IZ Cell: ( 910) 540 Busi
Years Living in
New Hanover County: 18 yrs
234 Government Center Drive
Suite 175
Wilmington, NC 28403
Telephone: (910) 798 -7149
Fax: (910) 798 -7145
(Zip Code)
Male: Female: Race: C aucasian Age: 4 2
(Information for the purpose of assuring a cross section of the community)
Employer: p ervious Solutions LLC
(A person currently employed by the agency or departmeat for which this application is made, must resign his/her position with New Hanover County
upon app oin tm en t, in act or dan ce with Ar tic It V I, Sec tie u 4 of the N ew H &no ve r C on aty Pe rs on ne 1 Po lacy.)
Occupation: Environmental Paving Contractor
Professional Activities PLS , LEED AP BD &C , NCDENR BHP I &M, CRMCA, NRMCA
Volunteer Activities: CFGBA Advi
Why do you wish to serve on this board/committee? To share my c ooper at ive spirit and kn of
planning / to c reate a more cohesive board for the benefit of New Hanover Co.
Conflict of Interest C a board member believes he / she has a confiict or pot+entlel conflict of interest on a particular issue, that member should state this belief to the other
members of his / her respective board during a public meeting. The member should state the nature of the conflict, detailing that he /she has a separate, private or monetary
interest, either director indirect, in the issue under consideration. The member should then excuse himself 1 herself from voting on the matter.
What areas of concern would you like to see addressed by this committee? Minim the environmental adverse
impact of conventional development through proper planning.
Qualifications for serving: 12+ years in the Civil Engineering /Land Su
lommopsaft
promoting 'Green Building' technologies ID
Other municipal or county boards /committees on which you are serving: No ne
List three local personal references and phone numbers:
25
NEW HANOVER CO
BD, DE CCMIMISSICNERS
1. Joy Allen - Executive Director for the Cape Fear Green Building Alliance (910) 470 -5697
2 . Wright Holman - Holman & Lackey Construction (910) 256 -4209
3. John Klien - Wrightsville Engineering Services (910) 599 -1188
Date: June 25, 2 010
Applications are kept on file for 19 months
Signature:
Use reverse sidwfor additional comments
Board of Commissioners Meeting
10/18/2010
18 -3 -70
JuN.28 2010 11:38AM WELLS FARGO 910 ?92 1781 N0 G244 F. I
New Hanover~ Count 230 Oavernmant Cen ter Drina
Board of Commissioners COMMITTE E APPLICATION Suite 175
Wilmington, NC 26401
Telephone: (910) 799-7149
Fax: (910) 791 -7145
Board /Commi New Ha naver county Planning Hoard
Name; Lisa Mesler
Home
Address, 4825 Castleborc Court Wilmington, NC 28411
(Street) (City) tZip Cade)
Mailing Address if different.-
EoMail Address: lisa.mes.le.r@wollsfargo.com
Home Phone: 910- •297 -2171 F ax: 866w268 -3031 Ce[[: 910 -297 -2171 Business: 910 -793 - 3903
Fears Living in
New Hanover County; 8 Male. Female: �� ' Race: Caucasian A cre: 32
a
(Ini'armt►tioa for t)re purpose a[ ass grrieg *cross section of ehr caetaaunity)
Employer: Wells Fargo Home Mortgage
(A person turredtiy smploycd 6y the ageaey or dcpartmenf for which this npplieuLon is nude, must re sign his/her posidoe with New 19sik ar Ccanry
upon Appointment in Aecor dap cc with Ardele VI, Section 4 of the New K one ver County Personset Fohey.)
occu -potion: Branch Sales Manager, Wilmington Leland
Professional Activities: WRAR- Professional Development Committee, HBA -Sales & Mar keting Executi
Volunteer activities: participates in fundrais events- Hospice, Leukemia ,Ha rch of Dimes . YWCA
a4O)n
Why do you wish to Serve on this board/committee?
�.u. Z• GYM• fYr� L �1,. ,,1 ,,die "n •• .-n �-r.V t� a4 • C/
A& �'^ NyC 44 � `fit a
CON110 of Intvrest I a boare mom►bbr cell ves ha I sh0 has a confict of potential cor#fct of interest on a p rticular issue, tier fnefflLyer should stain this belief to Ine other
mombers of his /firer respective board donna a public m sceinp. The member sh mate The nature of the conflict, dot3iling rnat helsha has a saperare, private or monetary 9Z
f"ferese, either dlnea or lndlrasf, iA the /sane un4v can slderedon. The emo er should then excuse himself / herself rrom voting *A the me tf er,
What areas of concern would you M e to see addressed by this com mi ttee? 4.,� D
loart
d% d
r
Qualifi fors s er ving. , 41 Afe) b U4C&40P&
��ioca.�na�a.4. ' ��,,tid.Qa.. �.ui/s► a -A W. on eo -- - -I- - a-
%0 1W Other municipal or county boards /committees on which you are serving: N/A
,IIIN 2 8 2010 I�
List three local personal references and phone numbers:
NEW �14VII FR rn
Randy Tomsi c . Wachovin Market Pre sident--Bus itias s Banking Director ) )' fi � S
2, David Barnes, Area Manager, Welly Fargo Home Mortgage, 910
3. Donna Giradot, Executive Officer, Wilmington Cape Fear HBA, 910 -&7 - 2611
bate: Jun 26, 2410
Applieatione are kept on fle four 18 =eetha
Signature: V %. rl--O&
Ust reverse side for additional com men t,%
Board of Commissioners Meeting
10/18/2010
18 -3 -71
JUN- 28- 2010(MON) 13;49 8 0 ARCHITECTURE (FAX)910 251 2708 P. 002
New Manover County 230 Government Center Drlvc
75 1
Board of Commis COM1��IITTEE APPLICATION Sm �� + ce e 1 rtvn, 28403
Telephnne; (91 n) 79K -7149
Fax: (910) 79B•7145
Board/Committee: NBC Planning Hoard
Name. P . Ogden
Home
d dress: 4134 Glen Arbor Drive Wilmington 2 8 4 11
(Street) (City) (Zip Code)
Mailing Address if different: same
F-M" Address: sc ott @b -and -o . not
Home Phone: Hla- use call Fox: 910 -2S1 -2708 Ceit. 910 - 616 --2300 Business. 910-2
Years Lt`►ft In .
New Hsaover Cosnty: � � . 1 a� . Male: � Female: �-� Rice: C■ "8 4 an Age: 4
(inrormation for the parpoee of seeming ■ cro se section of the community)
Em D + 4 design studio, plla: 205 Princess St. Wilmington, NC 28401
(A pereon currently emplaycd by the @gooey or department for ■.hick iris appheatio■ ii made, rout reelgo hlslher paflUea with New tt■■o.er C aaoty
open appointment. is accordance with Article VY. Section 4 of the Now Hanover C aunty Ponenzol Polley.)
occupa-60-n;
Architect /Pita Principal
Prof ess i onal A ctiivides: past president AMA W i3mdmgton; Direct AAA PC State Board.
Volunteer Activities: Pea B oard member S secretary, CFMA; CFEDC board CFYSA (coach)
Why do you wish to serve on this board/committee? Architects planners have a big pic ture view s keen
knowledge of devalopmant issues & offer professional insight into Nrojeots s Policies.
Conflict of Ihtereaz r a boord member balls was no /a" nee a contact or potentlel conflict of oterest OR pertleUlar ►sane, that mem aerr BhoUla slate this be1l91'16 the othor
mom bore of his /how respective boord during a public mooting. rtes member should state Me naturo of the connict, deta tung tAer noisne uses separate, private or monet
Interest, either direct or Indlroa In the Issue under consideration rho member should than excuse- hlmseirl hereelffrom voting an the me tter,
What areas of concern would you life to see addressed by this committee? Smart growth, moving toward More
sustainable land vee containing sprawl, promoting bast management practices.
Qosllltrattonu for serving: Architect sin 1998.NCARe GertifledpIZE AP (USGBC) .AIA 11lember,dagraea
from Univ. of Cinc3.naati Mra) i Harvard (MGlrob) ,, 20+ years in design /construction
Other nanJcipd or county ky boards/commttta on which you are eervlo�: Nla I I � � IS 0 \vJ
Lift three local personal r P 1 1 xam and phrase =mbers:
JUN 2 8
y Elise Rocks; Woraley RE, 910-- 256 -0044 NEW HANOVER CO
2 Pam Fosse; Contxactor /Developor i , Anna i Brarrshaw Builders; 910 - 232 -1474
3. Phil Preto; Environmental Planner /City of IIH, 910 -342- 77
'0 9�
rte► w
Date: Jun 28 r 2410
Appliestiens are kept on flk for 16 months
Si�sture:
e reverse side f o r ■ddillu ■al remme ■ts
Board of Commissioners Meeting
10/18/2010
18 -3 -72
JUN- 28- 2010(MON) 13.49 B & 0 RRCHITECTURE (FRX)910 251 2708 P. 001
OJ
TRANSMITTAL:
B + 0. design studio, plic
TO:
New Hanover County /Board of Commissioners
FAX or/
910 -798 -7145
ADDRESS:
SUBJECT:
Planning Board vacancies.
DATE:
28 June 2010
To whom It May Concern:
JUN 2 8 2010
NEW HANOVER CO.
BD. OF COMMISSIONERS
Attached please find the Committee Application for the New Hanover County Planning
Board for consideration in filling your upcoming vacancies.
I am a local architect and small business owner who located here in the spring of 2005, and
have lived in the Middle Sound Road area of New Hanover County over five years. My wife
and I established a design /planning firm 'in downtown Wilmington and are proud to have
been on several teams which have won Lower Cape Fear Stewardship Awards in the past
five years.
I am aware that there have been architects on the NHC Planning Board in the past, and
believe that having another architect with our professional expertise and 'big picture'
viewpoints would assist the Planning Board for the next three years. Specifically, I've been
quite involved the last four+ years with both the boards of the Wilmington Chapter of the
AIA (American Institute of Architects) as secretary, president & past - president, and the
Cape Fear Green Building Alliance (CFGBA)- secretary, board member and Green Tour
organizer for 2 years,
I appreciate the opportunity to be considered and look forward to addressing any questions
you may have for me in the review process.
Regards,
Scott Ogden, AlAftEED AP
Principal /Architect
B + 0 design studio, pllc.
B+ o, Ptic. 205 Princess Stroot PH. (910) 251.2707
www,b-and -o.net Wilmington, NC 28401 FAX. (910) 251 -2708
Board of Commissioners Meeting
10/18/2010
18 -3 -73
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
230 Govemment Center Drive, Suite 175
Mmbg►tor►, NC 28403
Telephone (910) 798 -7149
FAX (9fO) 798-7145
COMMITTEE APPLICATION
ll
3 2010
NEW HANOVER CO,
BD. OF %OMMISSIONERS
BoanyC;0mrnittee. New Hanover County Planning Board
Name; Anthony Prinz E - Mail: ap rinz$ci . jacksonville. nc. us
Hoare
Address: 2116 Klein Road Wilmington 28405
Mailing Address If different:
(CRY) (ZO code)
Home Phone:
Fax;
Cell: 9 10 750 2 418 Business:
Years living In
New Hanover County: '� Male. V( �� Female: � Race: Cauc aa�an
(Information for the purpose of assuring a cros &-section of the oommunty)
Age: 29
Employer. City of Jacksonville, NC
A person currently employed by the agency or department for which this application is made, must resign haMer postion w1h
New Hanover County upon gppokltment, In accordance with Article Yl, Sec. 4 of the New Hanover County Personnel Fblky.
Occupation. MPO Administrator
Professional'AcHvides: NPO Coordinator for Jacksonville, former planner for Wi lmington MPO
VolunteerAcdVides: SLNCASPA Treasurer, volunteer work for QXNO and Habitat for Humanity
Why do you wish to serve on this boardlcommlttee? I have an extensive background in planning with
regard to long - range, development review and transportation planning initiatives.
oonflld cf In wuV Jf a board member believes hee+ishe has a corftt or potwffal mWict of Mier d on a particular issue, that member should state this beget to the other
members of IwOw raespecUm bo&V during a public meeting. The member should state the nature of the conflkA detauingr that haAft has a separate, prNafe, or monetary
lrMe wt either t1r+ect or lndVed In the Issue under consideration. The member shoidd then excuse himseftwself frown voUng onto matter.
What areas of concern would you like to see addressed by this committee? The NHC planning Board needs
transportation expertise & a rep. with intimate knowledge of local trans. projects /plans
Qualfflcadons for serving: Served on the NHC TRC for three years; been a planner in multiple
jurisdictions including both urban and rural contexts; familiar with NCH land regulations
Other municipal or county itioards/committees on which you are serving:
None at this time.
List three local personal references and phone numbers:
1 Mr. Ricard Collier; McKim & Creed; (910) 520 --7754
Z Mr. Ron Satterfield; Planning Manager, City of Wilmington; ( 910 ) 341 -3255
3. Mr. John Tunetall; Norris, Kuske, Tunstall; (910) 343 -9653
Date: I Signature
AppUcatkna anAept on file for 18 months nd and I
of the Now Wanow
Piease use reverse side for ackiltional comments
Board of Commissioners Meeting
10/18/2010
18 -3 -74
rrtrnent sWvea at the ploasure
somd of Commisslonam.
ANTHONYPRINZ
Email: aprinz @ci.jacksonville.nc.us
2116 Klein Road
Wilmington, NC 28405
Phone (910) 7.9;0 -2418
Professional Objective
Position on the New Hanover County Planning Board to support the achievement of the Counts goals and
objectives while helping to improve the overall quality of life for current and future residents
Work City of Wilmington Transportation Planning Section and Wilmington Urban Area
3ver�ience Metropolitan Planning organization (WMPO), Wilmington, N.C.
Associate Planner — Transportation (April 2 00 7 — Present)
Primary responsibilities include:
• Provision of general transportation - related planning services to governments in the region
• Technical Review Committee member: City of Wilmington, New Hanover County,
Town of Leland, Town of Carolina Beach and Pender County
• Review and approval of traffic impact studies and implementation of traffic engineering
technical standards
• Management of the concurrent development review process with NCDOT Division 3
• Maintenance of the WMPO travel demand model
• Creation and evaluation of traffic simulation models for public roadway improvements
• Transportation liaison to the City of Wilmington Planning Commission and City Council
Henderson County Planning Department, Hendersonville, N.C.
Planner II (January 2006 — April 2007)
Planner I (September 2003 — January 2006)
Titles and primary responsibilities include:
■ Long Range Planner
■ Assistant Zoning Administrator and Water Supply Watershed Administrator
■ Assistant Subdivision Administrator and Plat Review officer
■ GIS Steering and Technical Committee member
■ Public transit system management and transportation planning
.education B.S. with double major in Geography and Community and Regional Planning
Appalachian State University, Boone, N.C., 2003, Summa Cum Laude, 3.99 GPA
■ Chancellor's List (8 times)
■ Honored for academic excellence by College of Arts and Sciences (3 times)
■ Outstanding Geography Student, Department of Geography and Planning 2002 -2003
Certificate in Geographic Information Science
University of North Carolina Wilmington, Wilmington, N.C., 2008
Masters of Public Administration — Student
University of North Carolina - Wilmington, Wilmington, N.C., 4.o GPA
■ Estimated graduation — summer 2011
■ North Carolina City and County Management Association scholarship winner
Professional Technical Planning
Qual ftcatiorts Related skills and /or experience include:
• Roadway, bicycle, pedestrian and public transit planning
• Travel demand and traffic modeling
■ Review and approval of development plans /plats
Board of Commissioners Meeting
10/18/2010
18 -3 -75
ANTHONY PRINZ Page Two
Professional
■ Socioeconomic estimates and projections
Quar}lcations
■ Federal Transit Administration grant management
Continued
■ Capital improvement planning
■ Development of RFPs and RFQs for transportation planning projects
■ Contract development and implementation
N Drafting of land development regulations
■ Drafting and managing improvement guarantees and bonds
■ Deed and plat research and interpretation
■ Preparing technical reports and documentation
■ Planning presentations and briefs for government officials, peers, and the public
0 Public participation: community meetings, public hearings, and drop -in sessions
■ Administering surveys and analysis of results
■ Collection of Meld data: conducting inventories related to land use, infrastructure,
demographics, economy, and the environment
Ordinance Administration
Experience includes:
• Zoning ordinance administration (permitting and enforcement)
• Water Supply Watershed ordinance administration (permitting and enforcement)
• Subdivision ordinance administration (review and enforcement)
• Maintaining the official Zoning Map of Henderson County, North Carolina
Geographic Information Systems
Related skills include:
• ArcGIS Desktop 3.x, 8.x, and 9.x (ArcView [ArcInfo], ArcToolbox, ArcCatalog)
• Advanced mapping and use of GIS for public presentations
• Design, creation, and maintenance of spatial databases (geodatabases /shapefiles)
• Analysis using Spatial and 3D Analyst
• Spatial modeling and advanced editing
General Computer Skills
• Microsoft office suite: Word, Excel, Access, Publisher, and PowerPoint
• Use of Macromedia software to build and manage internet web pages
• Adobe Professional and Designer
• Synchro 7 and TransCad for travel demand and traffic modeling
Other
0 Coordination with state, local and regional planning /governmental agencies
■ Working with elected and appointed committees/boards
■ Proficient in time management, prioritization, and scheduling
Key ■ New Hanover County private road standards (2010)
Accomplish- ■ Wrightsville Avenue Land Use and Transportation Plan (2010)
ments ■ Wilmington Technical Standards and Specifications— Traffic Impact Studies (2010)
■ Traffic Impact Analysis approval: Summer Walk (2oog), River Lights (2009) and
Wilmington Gateway developments (2008) — high impact, controversial projects
■ Traffic count program revamp (2009)
■ WMPO Traffic Count and Crash Report revamp (2007 -2009)
■ Management of Apple Country Public Transit in Henderson County (20o6 -2007)
■ Development of the Henderson County Industrial Study (2005 -20o6)
■ Development of the Henderson County Land Development Code (2005 -2007)
■ Development of the Henderson County Comprehensive Plan (2003-200
Board of Commissioners Meeting
10/18/2010
18 -3 -76
6/ 2 5/2010 12:00 PM FROM: 910- 395 -8282 I.P. Thomas Const., Inc. TO: 798 -7145 PAGE: Oat OF 002
New Hanover County 23 Government Center Drirc
Board of Com missioners COMMITTEE APPLICATION Su ite � N C 2 ��
Telepbone: (910) 798 -7149
Fax• (910) 798 -7145
Board /Committee: New Hanover County Planning Board
Name: David Pryse Thomas J
Howe
Address: 928 Rabbi Run
Wilmington
28409
(Street) (City) (Zip Code)
Mailing Address if different: PO Box 521 • Wrightsville Beach,, NC 28480
E -Mail Address: clave@dptconstruction.com
H ow phone: (910) 395 -784 Fox: 910- 395 -8282 ce 910- 520 -0581 Business: 910- 395 -5855
Years Living in
New Hanover County: 45 Male: Female: Race: white A ge; 58
(inform stio■ for the per pose of ass urin& a cress seetio■ of the c eon beeniry)
Employe D.P. Thomas Construction, Inc.
(A person cvrrenfly employed by tee agency e department for whicb this app licathm is made, matt resign hWber position with New Ha soy er C' own ty
span oppaintoant, l■ ■etordance with Ar tie it V1, Set Nos 4 of the New H asrover County Personnei Policy.)
Occupation: General Contractor
Professional Activiti State director Wilmington - Cape Fear Homebuilders Association
Volunteer Activities: Cape Peer River Watch, Board of Directors Member
Why do y ou wish to serve an this bosrd/committee? I Mould like to work with the County Comlaei s sioners
and help the county grow in a manner benefiting current and future residents & businesses.
Contlkt of Wwvst r e board member boheves h / s h e has a cowkct at po entist conwct of interest an a porriruisrissue, that member should stole this b to the other
members of his ■ her respective board during a pubtk meeting, The member should stele the nature of the connicl, detailing that he/she has a separate private or monetary
Interest. either direct or indirect, in the issue under co si deration The member should #Aar, excuse himself /herself from voting on the matter
What areas of concern would you like to see addressed by this committee? I do not have an area of special
concern. Committee members should be concerned with the issues presented to them.
Qualifications for serving: Ability to pork With both the envi ronm►ental and development groups.
Past member: Watershed Management Advisory Comm ttee . G 5 tewardsb ip Dev. . Committee.
Other municipal or county boards /committees on which you are serving: New Hanover Soil 9 Conservation
District Board of Supervisors, chairman.
List three local personal references and phone numbers: D
1. SCGi't' Cc)br-'% %IT UPIUD 1
LJ
2. MU RC �i I SO TA 452me VA57
50RO-0
3.
Date: June 25, 2010 Signature: /.
Applications are kept on dk for IA months
NE W HANOVER CO
BD Of COMMISSIONERS
Use reverse side for additional coot men is
Board of Commissioners Meeting
10/18/2010
18 -3 -77
New Hanover County
Board of Commissioners COMMITTEE APPLICATION
Board /Committee: N ew Hanover County Planning Board
Name: Jeff Thompson
Home
Address 399 Shorepoin t Dr . Wilmington
28411
(Street) (City) (Zip Code)
Mailing Address if different:
E - Mail Address: ithompson@hobbsupchurch.com
Nome Phone: 910- 477 -0924 Fox: Cell: 910 477 - 0924 Business: 910 -686 -1212
Years Living in
New Hanover County: 5 Male: Female: Race: White Age: 33
(information for the purpose of assuring a cross section of the community)
Employer: Hobbs, Upchurch & Associates
(A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County
upon appointment, in accordance with Article V1, Section 4 of the New Hanover County Personnel Policy.)
Occupation:
Civil Engineer
Professional Activities: Serve as the Town Engineer for several small towns in southeastern NC .
Volunteer Activities: Hands on Wilmington (Volunteer) , Coastal Carolina Tomorrow (Board Member)
Why do you wish to serve on this board /committee? Assist in continuing to develop the long - term
planning policies to ensure my County is developed in a controlled and responsible manner.
Confllet of Interest: If a board member believes he / she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other
members of his / her respective board during a public meeting. The member should state the nature of the conflict, detailing that helshe has a separate, private or monetary
interest, either direct or indirect, in the issue under consideration. The member should then excuse himself / herself from voting on the matter.
What areas of concern would you like to see addressed by this committee?
Qualifications for serving: professional Civil Engineer involved with various development issues
across the eastern part of the state.
Other municipal or county boards /committees on which you are serving:
List three local personal references and phone numbers:
1. Jim Hardy 910 -392 -6080
Z. John D. Riggs 910 -262 -5566
ru
NEB "= �j,�f , CO,
I Jody Haugland 910- 376 --1780
Date: June 28, 2410
Applications are kept on file for 18 months
230 Government Center Drive
Suite 175
Wilmington, NC 28403
Telephone: (910) 798 -7149
Fax: (910) 798 -7145
Signature:
Use reverse side for additional comments
Board of Commissioners Meeting
10/18/2010
18 -3 -78
New Hanover County
Board of Commissioners COMMITTEE APPLICATION
Board/Committee: New Hanover County Planning Board
Name: By ron R- Toothman III
Home
Address: 2120 M Ave. Wilmington
28403
(Street) (City) (Zip Code)
Mailing Address if different: Same as above.
E Address: t oothmanb@hotmail.com
Home Phone: 910 262 -4752 Fox: n/a Cell: 910 262 -4752 Business: 910 962 --2334
Years Living in
New Hanover County: 14 Male: '' Female: Race: A ge: 32
(Information for the purpose of assuring a cross section of the community)
Employer: N orth Carolina Coastal Reserve
(A person currently employed by the ageacy or department for which this application is made, must resign his/her position with New Hanover County
upon appointment, in accordance with Article VI, Section d of the Nero Hanover County Personnel Policy.)
Oempation: Research Biologist
Professional Activities: please see attached -
230 Government Center Drive
Suite 175
Wilmington, NC 28403
Telephone: (910) 798 -7149
Fax: (910) 798 -7145
Volunteer Activities Please see attached.
Why do you wish to serve on this board/committee? Please s a t t ached.
Conflict of Interest A► a board member believes he / she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other
members of his respective board during a public meeting. The member should state the nature of the conflict, detailing that helahe has a separate, private or monetary
interest, either director indirect, in the issue under consideration. The member should then excuse himself I herself from voting on the matter
What areas of concern would you like to see addressed by this committee? please see attached.
Qualifications for serving: P lease see attached.
Other municipal or county boards /committees on which you are serving: None
r�q
CO
List three local personal references and phone numbers: NF�'� HA��i�VfR N O
L Christopher Yermal (Cape Fear Green Building Association) (910)228-6531
Z. Hope Sutton (NC Coastal Reserve Southern Sites Mgr. Stewardship Coord. ) (910) 547 -0848
3. Dr. Joan Willey (Prof. of Chemistry, UNCW CMS Assoc. Director of Ed.) ( 910 ) 962-3459
Date: Signature:
Applications are kept on file for 18 months
Use reverse side for additional comments
Board of Commissioners Meeting
10/18/2010
18 -3 -79
New Hanover County Planning Board Committee Application
cont'd
Professional activities:
I am currently a Research Biologist for the NC Coastal Reserve and NC National Estuarine
Research Reserve. My work includes but is not limited to the following:
• Coordinator for Wilmington office System Wide Management Project
• Develop /Conduct and acquire funding for research activities
• Wilmington Office technical advisor
• outreach and education activities
Volunteer Activities:
I volunteer in public schools and classrooms as opportunities become available. I speak on a
variety of topics for instructors but specialize in developing interest in science education or
science as a career through interactive discussion and hands -on activities, displays, or projects.
Why do you wish to serve on this board/committee?
My family has been firmly rooted in Southeastern NC for generations and I have been living here
almost all of my life. I have been a resident of New Hanover County itself for almost 15 years
now and have seen it change in many ways over the last several decades. Having been the
beneficiary of a life in such a culturally and naturally rich place I feel compelled to give back and
help preserve the integrity of an area that is so special.
I see the NHC Planning board as an excellent place to contribute my expertise and knowledge of
the natural resources in our region. I am interested in helping to develop community planning
policies that reflects thoughtful and sustainable development practices that protect both our
economic and natural resources. Smart planning for both the short and long term future is
essential to preserve the area's best qualities. New Hanover County's population growth has
outpaced the state as a whole for at least 40 years now. This trend is no doubt due to our blend of
cultural and natural beauty and is not likely to change soon. In order to adequately plan for the
increasing demands our infrastructure and natural resources we must anticipate our future needs
now while simultaneously protecting the elements of our area that have drawn folks here in the
first place.
What areas of concern would you like to see addressed by this committee?
I am interested in addressing many of the county's long term growth management needs. In
particular I would like to see attention given to increasing population and associated
infrastructure /service needs as well as responsible and sustainable long term planning.
Additionally:
• Mass transit and public transportation improvements.
• Improvements to pedestrian and bicycle friendly transit.
• Anticipation of Sea level change with regard to infrastructure upgrade, protection, and
land use.
• Anticipation of natural disaster events.
• Protection and acquisition of greenspaces and traditional use areas.
• Partnerships with neighboring counties and municipalities that have a shared interest in
resources.
Board of Commissioners Meeting
10/18/2010
18 -3 -80
Q uafifications for servin
I have in excess of 10 years educational and professional experience working with water quality,
monitoring and assessment, and coastal processes. These include but are not limited to the
chemical, physical, and biological issues that are important to our area. I have taken part in all
aspects research projects that have focused on nearly every watershed in the county and range
from microbial and chemical assessment to commercial aquaculture. This includes project
development, data collection, assessment, report generation, etc. Subsequently I have become
well aware many challenges posed by our area such as data collection, land use planning and
infrastructure needs, as well as the impacts that they have on the coastal areas.
As a researcher for the NC Coastal Reserve, I help support our mandates to acquire and manage
our lands through a combination of stewardship, research, education, and outreach. Although I
am engaged in research for the Reserves I am also an active participant in each of these areas and
familiar with their individual challenges. Many of our reserve properties are very different from
one another and planning takes much consideration to account for each area's individual needs.
I'm sure we can agree that this is a limited format to discuss any contributions that I might be
able to make. Please feel free to email or call if I can offer any more information that might be
helpful.
Board of Commissioners Meeting
10/18/2010
18 -3 -81
Byron R. Toothman III
5600 Marvin K. Moss Ln
Wilmington, NC. 28409
(910) 262 -4752
toot}unanb(at)uncw.edu
Relevant Education
M.S. Marine Science, University of North Carolina at Wilmington, 2006
B.S. Marine Biology /Environmental Studies, University of North Carolina at
Wilmington, 1999
Awards /Honors
Center of Marine Science Graduate Teaching Award (2005 Recipient)
NSF GK -12 Graduate Teaching Fellowship (2004)
Other:
Wilmington Citizen Academy (2007)
Employment
April 2008- Research Biologist NC Coastal Reserve and NC National Estuarine
Research Reserve
• Coordinator for Wilmington office System Wide Management Project
• Develop /Conduct and acquire funding for research activities
• Wilmington Office technical advisor
• Outreach and education activities
2006 -2008 Research Technician II
University of North Carolina at Wilmington
• Coordinator for the Wilmington Watersheds Project, Bald Head Creek
Water Quality Project, New Hanover County Tidal Creeks Project,
New River Estuary Monitoring Project.
• Analysis of water and sediment samples for all projects including
chemical, physical, biological parameters, microbial analysis, and
sample collection.
• Data management, statistical analysis, and interpretation.
2004 -2006, UNCW Biology Graduate Teaching Assistant
2002 -2003 University of North Carolina at Wilmington
• Develop lesson plans, student evaluation materials, and grading.
2004 -2004 UNCW Graduate Research Assistant
University of North Carolina at Wilmington
• Water quality and sediment analysis (chemical, physical, and
biological) for New Hanover County Tidal Creeks Project.
Coordinated and trained undergraduate and graduate students for
sample collection and analysis.
• Created/maintained databases and conducted data analysis
2003 -2004 NSF GK -12 Graduate Teaching Fellow
Board of Commissioners Meeting
10/18/2010
18 -3 -82
University of North Carolina at Wilmington
• Serve as a science resource in the classroom of New Hanover County
Middle Schools.
Develop and lead educational activities that culture scientific interests
in Middle School students.
2002 -2002 Research Technician
Duke University Marine Laboratory, Beaufort, NC
• Field sampling and data collection aboard the NOAA R/V Oregon II
for research of the annual Gulf of Mexico hypoxic area and annual
groundfish survey.
• Sample analysis at home lab in Beaufort.
2000 -2002 Aquaculturist
Shrimp Improvement Systems, Islamorada, FL
• Optimized Broodstock, Maturation, Larviculture, Algal culture
hatchery systems.
• Designed and retrofited aquaculture facilities for high- density low -
volume MAX system (Micro Algae Culturing Systems)
2000 -2001 Research Technician
University of North Carolina at Wilmington Dept. of Biological Sciences
• Sample collection and analysis for South Brunswick Sewer and Water
Authority, New Hanover County Tidal Creeks Project, and C ORMP
(Carolina Ocean Research Monitoring Project)
• Perform analyses including chemical, physical, and biological
parameters, and data management for research projects
Professional Memberships
North Carolina Academy of Science
North Carolina Water Resources Research Institute.
Southeastern Estuarine Research Society
References, Publications, and Reports provided upon request
Board of Commissioners Meeting
10/18/2010
18 -3 -83
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 18, 2010
ADDITIONAL ITEMS
ITEM: 19
DEPARTMENT: County Manager PRESENTER(S): John Hubbard, Environmental Management
Director
CONTACT(S): Bruce T. Shell, County Manager
SUBJECT:
Consideration of Ordinance for Budget Amendment 11 -089
BRIEF SUMMARY:
The attached budget amendment moves funds from appropriated fund balance to cover estimated costs
incurred due to Tropical Storm Nicole for pumping and hauling leachate at the landfill.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the ordinance.
ATTACHMENTS:
Budget Amendment 11 -089
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 3 -2, Chairman Thompson and Commissioner Greer dissenting.
Board of Commissioners Meeting
10/18/2010
19 -0
AGENDA: October 18, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -089
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -089 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Emergency Management & 911 Communications /Tropical Storms
Expenditure:
Decrease
Increase
Emergency Management and 911 Communications /
Tropical Storm Nicole:
Contract Services
$650
Total
$650
Revenue:
Decrease
Increase
Governing Body/Appropriated Fund Balance:
Appropriated Fund Balance
$650
Total
$650
Section 2: Explanation
Move funds from Appropriated Fund balance to cover estimated costs incurred due to Tropical Storm Nicole
for pumping and hauling leachate at the Landfill. Prior to actions taken at this Board of County
Commissioners meeting, the Appropriated Fund balance is $2,595,918. If the County is reimbursed for
storm - related expenses, funds will be returned to fund balance.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -089, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this 18 day of October, 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/18/2010
19 -1 -1