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Agenda 2011 11-21New Hanover County, North Carolina L I NIOIO�Ook November 21,2011 Agenda Mission New Hanover County is committed to progressive public policy, superior service, courteous contact, judicious exercise of authority, and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. Vision A vibrant prosperous, diverse coastal community, committed to building a sustainable future for generations to come. Core Values Integrity • Accountability • Professionalism • Innovation • Stewardship This page intentionally left blank. AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC f JONATHAN BARFIELD, JR., CHAIRMAN • JASON R. THOMPSON, VICE - CHAIRMAN TED DAVIS, JR., COMMISSIONER • BRIAN M. BERGER, COMMISSIONER • RICHARD G. CATLIN, COMMISSIONER BRUCE T. SHELL, COUNTY MANAGER WANDA COPLEY, COUNTY ATTORNEY SHEILA SCHULT, CLERK TO THE BOARD n NOVEMBER 21, 2011 9:00 A.M. MEETING CALLED TO ORDER (Chairman Jonathan Barfield, Jr.) INVOCATION (Dr. Joe Peterson, Pastor, Fifth Avenue United Methodist Church) PLEDGE OF ALLEGIANCE (Commissioner Brian M. Berger) APPROVAL OF CONSENT AGENDA 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 11/21/2011 CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Approval of Award of Contract to G. J. Adams Trucking, Inc. for the Purchase of Cover Soil for the County's Landfill 3. Approval of Thirteen Donations for Accession into the Permanent Collection 4. Approval of the Deaccession of Eight Objects from Cape Fear Museum's Permanent Collection 5. Approval of 2011 State Criminal Alien Assistance Program (SCAAP) Grant Award from the Bureau of Justice Assistance (BJA) 6. Adoption of Budget Amendments ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS TIMES 9:10 a.m. 7. Presentation of Service Awards to Retirees and Employees and New Employee Introductions 9:25 a.m. 8. Consideration of Public School Building Fund Application 9:35 a.m. 9. Consideration of Bonding /Payment Acknowledgment for Service Agreements 9:40 a.m. 10. Consideration of Private Sale of Real Property to an Entity Carrying Out a Public Purpose 9:50 a.m. 11. New Hanover County Cooperative Extension Annual Update 10:00 a.m. 12. Presentation on 2012 Tax Revaluation 10:15 a.m. 13. Committee Appointments PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes) ADDITIONAL AGENDA ITEMS OF BUSINESS 10:35 a.m. 14. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 10:45 a.m. 15. 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 11/21/2011 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 21, 2011 CONSENT ITEM: 1 DEPARTMENT: PRESENTER(S): Chairman Barfield CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Agenda Review Meeting held on November 3, 2011 Regular Meeting held on November 7, 2011 STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5 -0 with the exception of Item 10. Minutes for item 10 were approved 5 -0 as revised on December 5, 2011. Board of Commissioners Meeting 11/21/2011 1 -0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 21, 2011 CONSENT ITEM: 2 DEPARTMENT: Environmental Management PRESENTER(S): John Hubbard, Environmental Management Director CONTACT(S): Sam Hawes, Landfill Manager; Lena Butler, Purchasing Supervisor SUBJECT: Approval of Award of Contract to G. J. Adams Trucking, Inc. for the Purchase of Cover Soil for the County's Landfill BRIEF SUMMARY: The landfill has a limited soil reserve and must import off -site topsoil and sand for use as intermediate and daily cover respectively. It was estimated that the landfill would need approximately 600 cubic yards of topsoil and 200 cubic yards of sand during the 2012 fiscal year. The approved FY 2012 budgeted amount was $390,000. Due to purchases of soil during the current year, approximately $322,800 remains to be used for this project. Bids were originally received and publicly opened on October 20, 2011. Only one bid was received and the bid was deemed to be non - responsive because it was unsigned. The bid was rejected and the project was re- advertised. On November 7, 2011, bids for the rebid project were received and opened. Still, only one bidder responded to the Request for Bids who happened to be the same bidder and the current provider of soil to the County. Staff is recommending that the contract be awarded to G. J. Adams Trucking, Inc. The amount of the award for the remaining fiscal year shall not exceed the amount available for the project which is approximately $322,800. The initial term of this contract shall begin on the date of official award and end on June 30, 2012 with the option to extend for two (2) additional years. STRATEGIC PLAN ALIGNMENT: Effective County Management • Increase efficiency and quality of key business processes RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve award of multi -year contract to G. J. Adams, Inc. for the purchase and delivery of soil to the New Hanover County landfill. ATTACHMENTS: Bid Summary Board of Commissioners Meeting 11/21/2011 2 -0 Cover Soil Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0, Vice - Chairman Thompson was recused. Board of Commissioners Meeting 11/21/2011 2 -0 REBID _ COVER SOIL PURCHASE FOR NH O LANDFILL -- • -- - __.... _ -- �_.�� 810 it 72-0148R BID OPENING DATE: MONDAY, NOVEMBER 7, 201 ---- — - — - - -- -- - - -- — - -- — - — "3 P M EST. T� ---�- T- - - -- — , i BIDDER'S NAME O. J. ADAMS TRUCKING BID PROPOSAL SIGNED Yew PROOF OF INS INCLU *enfi O kr .'twaf E LOC . hY, ION Yes ��1V Y. 3 an m'.� M 1 I SAND UNIT PRICE ( ATERIAL _ $2.5 p er yd SAND UNIT PRICE HAU - -- - - - - -. 1 _ $$. per yd �_ _, - -- - - - -- - - - - -- -- - — - -- TOTAL PRICE FOR SAND $8.50 per yd. SOUR E ?.W wa 0 C.:: " wP�. Blue H ^Cta fi UYzo n " sir£ inc. { TOPSOIL UNIT PRI (MATERIAL) - $4.3� per TOPSOIL UNIT PRICE (HAULING) $8.00 per yd. i T OTAL PRICE FOR TOPSOIL $10.33 per yd. 1 S OURCE LOC ATPEDN Am erican Pro fa e i ex ert TOPSOIL UNIT PRICE MATERIAL) - $10,42 per Md. TOPSOIL UNIT PRICE HAULING $0.00 Per yd. TOTAL PENCE FOR T OPSOIL E $10.4 er yd. SOURCE LOCATION W1Wn, Ma rials i TOPSOIL UNIT PRICE (MATERIAL) $ per yd. -. - - - -- -- � - -. - TOPSOIL UNIT PRICE HAULING ._. $3.50 per yd. _ ._— TOTAL PRICE FOR TOPSOIL _ $14.50 peryd. I certify tat this is a true an d correct listing of the bids receive 'RIT):u F2- 4 R -COVER SOIL FOR NH LANDFILL. n _ re�na L. Butler Pure s Supervi Board of Commissioners Meeting 11/21/2011 2 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AWARDING THE MULTI -YEAR CONTRACT FOR THE PURCHASE OF COVER SOIL FOR THE LANDFILL WHEREAS, bids were solicited from qualified bidders for the purchase and delivery of topsoil and sand to be used as cover for the County's landfill; and WHEREAS, after re- advertisement, bids were received and publicly opened by the Purchasing Supervisor at 3:00 p.m., Monday, November 7, 2011, in the New Hanover County Finance Office, Suite 165, Conference Room 502 located at 230 Government Center Drive, Wilmington NC; and WHEREAS, G. J. Adams, Trucking, Inc., the only bidder and the current provider of this service to the County, continues to be a qualified vendor and remains in good standing with the County. NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of Commissioners that the multi -year contract for the purchase and delivery of cover soil for the New Hanover County landfill is awarded to G. J. Adams, Trucking, Inc., and that the County Manager or designee is hereby authorized and directed to execute the contract with the contract form to be approved by the County Attorney. ADOPTED this the 21 day of November, 2011. NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 11/21/2011 2 -2 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 21, 2011 CONSENT ITEM: 3 DEPARTMENT: PRESENTER(S): Ruth Haas, Museum Director CONTACT(S): Barbara Rowe, Museum Curator SUBJECT: Approval of Thirteen Donations for Accession into the Permanent Collection BRIEF SUMMARY: The Museum Advisory Board is recommending thirteen donations -- ten of which include multiple objects -- for approval to accession into the Permanent Collection. The Museum collects only those objects that support the mission of interpreting the history, science, and culture of the Lower Cape Fear region. The attached document identifies objects which donors have offered to the Museum. The objects have been reviewed by staff, the Museum Advisory Board Collections Committee, and were recommended for accession into the Permanent Collection by the Museum Advisory Board during regularly scheduled meetings in August and October. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Support programs to improve educational performance • Market and promote New Hanover County assets RECOMMENDED MOTION AND REQUESTED ACTIONS: Accept objects identified on the attached list into Cape Fear Museum's Permanent Collection. ATTACHMENTS: Objects Proposed for Accession COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0 on December 5, 2011. Board of Commissioners Meeting 11/21/2011 3 -0 CIO O O . 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NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 21, 2011 CONSENT ITEM: 4 DEPARTMENT: PRESENTER(S): Ruth Haas, Museum Director CONTACT(S): Barbara Rowe, Museum Curator SUBJECT: Approval of the Deaccession of Eight Objects from Cape Fear Museum's Permanent Collection BRIEF SUMMARY: The Museum staff and Museum Advisory Board are diligently culling items from the permanent collection that have no relevant provenance, are in very poor condition, or are duplicates of better examples. This process is a recommended step in effective collections management. The eight items recommended for deaccession have all been reviewed by the Curator, Director, Collections Committee, and Museum Advisory Board. Recommendations for disposition are also provided. Many of the listed items are identified for auction, a procedure which removes the sale from immediate conflict of interest with the Museum. Income earned from items sold at auction goes into a restricted account used to conserve or purchase artifacts for the collection. An object may also be recommended for transfer to the Museum's Demonstration Collection where it can be used for hands -on learning. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Support programs to improve educational performance • Deliver value for taxpayer money RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the objects identified on the attached list for deaccession from Cape Fear Museum's Permanent Collection. ATTACHMENTS: November 2011 Deaccession List COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0 on December 5, 2011. Board of Commissioners Meeting 11/21/2011 4 -0 CIO I•'ry 0 C/] U WR 0 0 w U Board of Commissioners Meeting 11/21/2011 4 -1 -1 A O U Q o 0 0 a� . ct 4-4 ct a? l \ . . 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NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 21, 2011 CONSENT ITEM: 5 DEPARTMENT: Sheriff PRESENTER(S): Sheriff Ed McMahon CONTACT(S): Sheriff Ed McMahon SUBJECT: Approval of 2011 State Criminal Alien Assistance Program (SCAAP) Grant Award from the Bureau of Justice Assistance (BJA) BRIEF SUMMARY: The Bureau of Justice Assistance (BJA) administers the State Criminal Alien Assistance Program (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 state and localities 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 2011 SCAAP award is $98,165 and must be used for correctional purposes only. There is no local match requirement. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Increase public safety and crime prevention RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize acceptance of the grant and adopt ordinance for budget amendment 12 -098. ATTACHMENTS: B/A 12 -098 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0 on December 5, 2011. Board of Commissioners Meeting 11/21/2011 5 -0 AGENDA: November 21, 2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12 - 098 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 12 -098 be made to the annual budget ordinance for the fiscal year ending June 30, 2012. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety / crime prevention Fund: General Fund Department: Sheriffs Office/Detention Expenditure: Decrease Increase Sheriff s Office /Detention: Supplies $98,165 Total $0 $98 Revenue: Decrease Increase Sheriff s Office /Detention: State Criminal Alien Assistance Program $98,165 Total $0 1 1 $98 Section 2: Explanation To budget the 2011 State Criminal Alien Assistance Program (SCAAP) grant award from the Bureau of Justice Assistance (BJA). These funds are provided to cover costs for incarcerating undocumented criminal aliens. 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 12 -098, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 21 st day of November, 2011. (SEAL) Jonathan Barfield, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 11/21/2011 5 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 21, 2011 CONSENT ITEM: 6 DEPARTMENT: PRESENTER(S): Cam Griffin, Budget Director CONTACT(S): Cam Griffin, Budget Director SUBJECT: Adoption of Budget Amendments BRIEF SUMMARY: The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2012. 12 -090 - Social Services 12 -087 - Parks, Gardens and Senior Resource Center 12 -095 - Parks, Gardens and Senior Resource Center 12 -101 - Parks, Gardens and Senior Resource Center 12 -102 - Parks, Gardens and Senior Resource Center 12 -096 - Sheriffs Office 12 -097 - Sheriffs Office 2012 -23 - Sheriffs Office STRATEGIC PLAN ALIGNMENT: Strong Financial Performance • Control costs and manage to the budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of the ordinances for the budget amendments listed. ATTACHMENTS: B/A 12 -090 B/A 12 -087 B/A 12 -095 B/A 12 -101 B/A 12 -102 B/A 12 -096 B/A 12 -097 B/A 2012 -23 Board of Commissioners Meeting 11/21/2011 6 -0 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0 on December 5, 2011. Board of Commissioners Meeting 11/21/2011 6 -0 AGENDA: November 21, 2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12 - 090 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 12 -090 be made to the annual budget ordinance for the fiscal year ending June 30, 2012. Section 1: Details of Budget Amendment Strategic Focus Area: Intelligent Growth / Economic Development Strategic Objective(s): Understand / act on citizen needs Fund: General Fund Department: Social Services / LIEAP Assistance Payments and Administration Expenditure: Decrease Increase Social Services / LIEAP Assistance Payments: LIEAP Assistance Payments $226,287 Total $0 $226 Revenue: Decrease Increase Social Services / Administration: 1571 DSS Admin - Federal / State $226,287 Total $0 $226 Section 2: Explanation To budget a Low Income Energy Assistance Program (LIEAP) allocation of $226,287. These funds will be used to provide a one -time assistance payment to each qualifying low income household to assist them in paying their heating bills. No matching County funds are required and no new positions are requested. 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 12 -090, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 21 st day of November, 2011. (SEAL) ATTEST: Jonathan Barfield, Jr., Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 11/21/2011 6 -1 -1 AGENDA: November 21, 2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12 - 087 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 12 -087 be made to the annual budget ordinance for the fiscal year ending June 30, 2012. Section 1: Details of Budget Amendment Strategic Focus Area: Effective County Management Strategic Objective(s): Hire / develop / retain talented people Understand / act on citizen needs Fund: General Fund Department: Parks, Gardens and Senior Resource Center /Recreation & Outreach /Independent Life Services Expenditure: Decrease Increase Parks, Gardens & SRC /Recreation & Outreach: Temporary Salaries $1 6,273 Parks, Gardens & SRC /Independent Life Services: 1 $0 $12 Grant Match $4,068 Total $4 $16 Revenue: Decrease Increase Parks, Gardens & SRC /Recreation & Outreach: Federal - State Grant - Cape Fear Area Agency on Aging (General Purpose Grant) $12,205 Total 1 $0 $12 Section 2: Explanation To budget a $12,205 grant from the Cape Fear Area Agency on Aging for the Senior Center. The grant match of $4,068 is included in the FYI 1 -12 budget. These funds will increase the hours for two Senior Center Temporary positions: I) The Senior Center Activities Assistant, who assists in development of programming, scheduling, facility maintenance, maintenance of documentation and class instruction as needed. This position will be increased from 12 to 3 0 hours per week for the remainder of the FY I 1- 12 fiscal year. 2) The Switchboard Operator's hours will be increased from 10 to 30 hours per week. Together with the other Switchboard Operator, who works 15 hours per week, this will provide additional coverage for the switchboard to assist seniors. Grant - funded positions are subject to elimination upon non - renewal of the grant. 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 12 -087, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 21 st day of November, 2011. (SEAL) Jonathan Barfield, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 11/21/2011 6 -2 -1 AGENDA: November 21, 2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12 - 095 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 12 -095 be made to the annual budget ordinance for the fiscal year ending June 30, 2012. Section 1: Details of Budget Amendment Strategic Focus Area: Effective County Management Strategic Objective(s): Hire / develop / retain talented people Fund: General Fund Department: Parks, Gardens & Senior Resource Center /Airlie Foundation Expenditure: Decrease Increase Parks, Gardens & SRC /Operations - Airlie Foundation: Temporary Salaries $2000 Total $0 $20 Revenue: Decrease Increase Parks, Gardens & SRC /Administration - Airlie Foundation: Airlie Foundation Contribution $2000 Total $0 $20 Section 2: Explanation Parks, Gardens and Senior Resource Center is requesting an increase in the expense line item for Airlie Gardens to add another temporary, part -time Ticket Agent. Due to an increase in visitation and events, we seek to increase the budget to allow for this position. Funding will come from the Airlie Gardens Foundation. 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 12 -095, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 21 st day of November, 2011. (SEAL) Jonathan Barfield, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 11/21/2011 6 -3 -1 AGENDA: November 21, 2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12 - 101 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 12 -101 be made to the annual budget ordinance for the fiscal year ending June 30, 2012. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Provide health / wellness education, programs, and services Understand / act on citizen needs Fund: General Fund Department: Parks, Gardens & Senior Resource Center /Health & Wellness Promotion /Independent Life Services Expenditure: Decrease Increase Parks, Gardens & SRC /Health & Wellness Promotion: Title 3 Health Grant $2,535 Temporary Salaries $2 $3,375 Social Security Taxes $250 Parks, Gardens & SRC /Independent Life Services: Grant Match $3,361 Total $5 $3 Revenue: Decrease Increase Parks, Gardens & SRC/Health & Wellness Promotion: Grant - State - Health Promotion & Medical Management $2,271 Total $2 $0 Section 2: Explanation This budget amendment is an adjustment to the Senior Resource Center's Title III Health Promotions and Medication Management grant to reflect the actual grant award. This grant will continue funding a Prescription Medication Assistance Program Coordinator position, who is a temporary, part -time employee funded since July 1, 2011 by another grant. The Prescription Medication Assistance program enables the Senior Resource Center to provide medication assistance to individuals by contacting pharmaceutical companies to request direct assistance for these clients, resulting in a savings of more than $250,000 a year to seniors. Without this help, these seniors would be forced to choose between food and rent and their presciption medication. The program also educates seniors throughout the community about Medicare Part D supplemental insurance, educates Pharm. D. students and SHIIP (Senior Health Insurance Information Program) volunteers. The remainder of the funds are used for instructor fees for classes; such as, aerobics, armchair fitnesss, etc., as well as several health fairs and support groups throughout the year. Grant - funded positions are subject to elimination upon non - renewal of the grant. 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 12 -101, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 21 st day of November, 2011. (SEAL) ATTEST: Jonathan Barfield, Jr., Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 11/21/2011 6 -4 -1 AGENDA: November 21, 2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12 - 102 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 12 -102 be made to the annual budget ordinance for the fiscal year ending June 30, 2012. Section 1: Details of Budget Amendment Strategic Focus Area: Effective County Management Strategic Objective(s): Understand / act on citizen needs Deliver value for taxpayer money Fund: General Fund Department: Parks, Gardens & Senior Resource Center /Independent Life Services Expenditure: Decrease Increase Parks, Gardens & SRC /Independent Life Services: Contract Services - Transportation - Elderly & Disabled $12500 Grant Match Fund $12,500 Total $0 $112 Total 1 $12 $125 Revenue: Decrease Increase Parks, Gardens & SRC /Independent Life Services: Federal - State Grant - NCDOT 5310 $112 Total $0 $112 Section 2: Explanation To budget grant of $125,000 from the North Carolina Department of Transportation, Section 5310. This grant requires a 10% match, which is included in the FY I 1 -12 budget. These funds provide transportation to medical appointments, grocery shopping, dialysis, chemotherapy and other approved appointments for the elderly and disabled of New Hanover County. Last year these funds enabled the Senior Center to provide more than 1 1,000 trips. All clients are screened for eligibility and must meet income and age requirements in order to receive services. The County Commissioners approved applying for this grant at their April 4, 2011 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 12 -102, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 21 st day of November, 2011. (SEAL) Jonathan Barfield, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 11/21/2011 6 -5 -1 AGENDA: November 21, 2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12 - 096 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 12 -096 be made to the annual budget ordinance for the fiscal year ending June 30, 2012. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety / crime prevention Fund: General Fund Department: Sheriffs Office /Uniform Patrol Expenditure: Decrease Increase Sheriffs Office /Uniform Patrol: Training and Travel $10,000 Total $0 $10 Revenue: Decrease Increase Sheriffs Office /Uniform Patrol: Grant - Federal - NC Governor's Highway Safety Program $10,000 Total $0 $10 Section 2: Explanation To budget a $10,000 grant award from the North Carolina Governor's Highway Safety Program (GHSP) for travel reimbursements related to gathering statistics and coordinating the initiatives of "Booze It and Lose It" and "Click It or Ticket" in Region 2. There is no County match requirement and there will be no change in positions. The Board of County Commissioners approved the Sheriffs Office applying for this grant at their October 3, 2011 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 12 -096, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 21 st day of November, 2011. (SEAL) Jonathan Barfield, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 11/21/2011 6 -6 -1 AGENDA: November 21, 2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12 - 097 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 12 -097 be made to the annual budget ordinance for the fiscal year ending June 30, 2012. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety / crime prevention Fund: General Fund Department: Sheriffs Office /Detectives /Administration Expenditure: Decrease Increase Sheriff s Office /Detectives: Overtime Pay $8,769 Supplies $1,094 Total 1 $0 11 $9 Total $0 $9 Revenue: Decrease Increase Sheriff s Office /Administration: Miscellaneous Revenue $903 Total 1 $0 11 $9 Section 2: Explanation To budget reimbursement received for FBI and Organized Crime Drug Enforcement Task Force (OCDEFT) overtime and lab services provided by the Sheriffs CSI unit for July through September 2011. 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 12 -097, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 21 st day of November, 2011. (SEAL) Jonathan Barfield, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 11/21/2011 6 -7 -1 AGENDA: November 21, 2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 2012 - 23 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2012 -23 be made to the annual budget ordinance for the fiscal year ending June 30, 2012. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety / crime prevention Fund: Federal Forfeited Property Department: Sheriffs Office Expenditure: Decrease Increase Federal Forfeited Property (DOJ): Supplies $54,090 Total $0 1 1 $54 Revenue: Decrease Increase Federal Forfeited Property (DOJ): Federal Forfeited Property $54,090 Total $0 1 1 $54 Section 2: Explanation To budget Federal Forfeited Property (DOJ) receipt of $54,090 on 10/31/11. Department of Justice (DOJ) receipts are for drug seizures and Alcohol, Tobacco and Firearms cases. 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 2012 -23, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 21 st day of November, 2011. (SEAL) Jonathan Barfield, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 11/21/2011 6 -8 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 21, 2011 REGULAR ITEM: 7 DEPARTMENT: 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 Introductions BRIEF SUMMARY: Service Awards will be presented to retirees and employees. New employees will be introduced and invited to have their photo taken with the Board of Commissioners to be placed on the County's website. STRATEGIC PLAN ALIGNMENT: Effective County Management • Hire, develop and retain talented people • Recognize and reward contribution • Create and support an engaged workforce 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 11/21/2011 7 -0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 21, 2011 REGULAR ITEM: 8 DEPARTMENT: Budget PRESENTER(S): Eddie Anderson, Director, Facilities Planning and Construction, New Hanover County Schools CONTACT(S): Cam Griffin, Budget Director SUBJECT: Consideration of Public School Building Fund Application BRIEF SUMMARY: The Board of Education is requesting the County Commissioners approve the Public School Building Fund Application in the total amount of $706,000. Funds will come from the lottery portion of the Fund. The current unallocated balance for lottery funds for New Hanover County is $3,784,772.13. New Hanover County will receive additional funds as the year progresses. It is estimated that New Hanover County will receive $1,715,405 in lottery funds in FYI 1- 12. Original Project Application Wrightsville Beach HVAC Improvements $150,000 Ashley and Murray - Replace Variable Speed Drives $70,000 Holly Tree and Myrtle Grove HVAC Improvements Total STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Support programs to improve educational performance • Deliver value for taxpayer money RECOMMENDED MOTION AND REQUESTED ACTIONS: Review and approve application for $706,000 in lottery funds. ATTACHMENTS: Public School Building Fund Application Revised Change Total $140,000 $290,000 $106,000 $176,000 $240,000 $706,000 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. Board of Commissioners Meeting 11/21/2011 8 -0 COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 11/21/2011 8 -0 APPLICATION REVISION CIO, I Approved: PUBLIC SCHOOL BUILDING CAPITAL FUND Date: NORTH CAROLINA EDUCATION LOTTE Original Approva May 201 1 -, County: New Hanover Contact Person: Eddie Anderson LEA: New Hanover County Schools Title: Director Facilities Address: 6410 Carolina Beach Road Phone: (910) 254-4281 Project Title: Wrightsville B H AC Irrr rorrements Location: Wdahtsville Beach Elementary School _ Type of Facility: Elementaly School (K -5 ) f - -r - - - -- - ---� -- NorftCa rotina'Genaral Statutes, Chapter .18 , provides that a' porhon of the proceed cif the - North tAina State- chary Fi n-W ' trans : mod th School ool Building • pdal FtMd -in a rdan ' � G S MC-646 2. - $ -. 1 1 506W.2 (d) has begin . 5 amend�d td include the folla�ng- = y - (3) No runty � to pl! do h Uie (4). A'� -�, y . monk iO the Find to pay r edhool'ou nshuction. ofojecft in cal• school 'a dh*mstr nm_ 'un end t mdebte r r d• for whorl ium* uchon.projebts.tnturted o n or aftor Jamu 1. , 200 .: -( - not us' - monies iri F� to pay for S� #e aol r e :. < < t As t:dn tlsah F1' tt- hool Bu ildinge0 al f rnclud q n� y f rnrridual �ovfrstut'r0rial a reran purpose and n i lug e c a rttert rl , otl e,_f i tItres � � � min ons yea mowing a daft of 06W paymeM to ,Conte i ea obir Short description of Construction Project: Remove exis ting vwrindow AD units and steam heat sys tem. Replace with new variable refrigerant flow system and automated building controls for heating, cooling and dehumidification. Es timated Costs: Original Application Planning and Design Services $16,000 New Construction Additions / Renova #ions Repair $13 TOTAL $150,000 Chance W-) $9,000 $1 31,000 . --- --1 40,000 - Revised Total $25,000 1 265,000 $290.000 Estimated Project Beginning Date: July 2011 Est. Project Completion Date: October 2012 We. the undersigned, agree to submit a statement of state monies expended for this pr oject within BB days following completion of the project. The Counter Commissioners and the Board of Education do hereby jointly request approval of the above Project, and request release of U90,000 from the Public School Building Capital Fund (Lottery Distribution). W certify that the project herein described is within the Parameters of C.B. 1 -546 (or BL 2010-123). (Signature — Chair, County Commissioners) (Date) (Signature — Chair, Board of Education 'f e) Board of Commissioners Meeting 11/21/2011 8 -1 -1 y ! * # t * i i i y Original Application New Hanover- � m..� : Eddie Anderson LEA: New Hanover C ounN Schools Title: Director_ Facli ties Address: 6410 Carolina Beach Road 131 Q 2544281 Project Title: Veterans Park — Re lace Variable eed Drives Location: Ashley High School and Murray Middle School (V eterans Park Type of Facility: High School and Middle School &12) arth a a Chap r t8C, pmvides th a . rtidn the prods .Of the Nob Carp�rr' Std, Loftery Nn�d bo. - n' s ned tae_Publie col �tng ; 1 FuiW in gwoMan w .G t`5� Z f urthar G S 145 W.2 :. d : h been an*ndl rude the ll16wrg f OYNO pour shdit la id rr�eh 4 i# .t�se m� s n t y 'f eat n ft : J -in wit r l rat t{ve unit rkd . u:rr X6401 won f irrd . .dr efary. r A couritY Mai bet . UW i onii i n th% Fv to pay As used m �- se�idn I " br _ &hi�dl B�ildtgge shall t 1ule ate #i r *d l t s oot that - ° .for �racoona"r 4, relSted pu� psm all 1 t JXl l [de central d�t'1'�t ; #�" n tk"� ,_ or f Cl . Appftvftns'must a Y"r.r ff$ Short description of Construction Project: Replacement of vadahle sReed drives, controllers, and differential pressure transmitter's for hot sec Pumps P 1IP 2 and P -31P -4 and for chilled water secondatv DurriDs P- IOIP -II and P -121P- l3. Pumps are 100% standby for one another and not f v arallel o eration. Replacement of both variable sp eed drives and controllers for the coolie towers. Operation of di#ferenbal g ressure transmitters and control se uenoes for pump and - pooling tower drives will be part of the groject to be by Novar Controls through Piedmont. Estimated Costs: Planning and Design Services New Construction Additions / Renovations Repair — _ TOTAL_ 170,000 Approved: Date: Original Approval: May 2011 change ( + / -) $ 12,830 $ 93,170 Revised Total _ $12,830 $163,170 $ 176,000 Estimated Project Beginning Date; duly 2011 Est. Project Completion Date: October 201 Ufa, the undersigned, agree to submit a statement of state monies expended for this project within BB days following completion of the project. The County C ommissioners and the Board of Education do hereby jointly request approval of the above Project, and request release cf , 11 76,000 from the Public School B uilding Capital Fund (Lo tte ry Distribution). W certify that the project herein described is within the Parameters of G.S. 1150 -546 (or SL 2010 -123). (Signature — Chair, County Commissio ers) �. YA JJ (Signat — air. Board of Education) (D Board Commissioners Meeting 11/21/2011 8 -1 -2 LEA: New Hanover C ounty Schools T itle: Director Facilities Address: 5410 Carolina teach Road : 91 254-4281 Project Title: Bolly `free Elementary and Myrtle G rove HVAC l rovernents Location: Holly Tree Elementary and M rtle Grove Middle Schools Type of Facility: Elements and Middle School K-8 w N .arinierrt� +r " lavil es thk& P 14 P imcee ft Of the h1 C. Lr Fund 'b e..-_., hsfemd to :tha.t o S col ding � Fug ac rda with G 11�5C -546 Further, ..,1 t .50� . -(d) has b = .. amended ta. inchidis the # r r _ + - u r aba[t r age p v hrn f1 co unty, u .rncnru es ta. ` it Rural to• r fbr.s a6t` �str�;r n 1n Wool . school a rnr�rre unf5 �r to M. tot :soh 1. �n do .�p� utre orr ar r January If 1 #�! 17i no �J �� . r1"�� ► In ��� � � ' ' � I�Ctrnol f TJe . . b this tn. see � u�ld�n s'a' h 1 include' fa a� r in �d�r c:#rocs fat i � al F A4 tiaW . a!• a ar`e u fir • �� -arid relate i tpme end dies not i r $ h l r n moo: rival neoc , or o iert f ld Ap *Min one rr•ffih�dW '*6 alb OnW paym em to t he ;,dM*acIbr or V6n dbr Short descr ipflon of Constru Project: Re l ace existing HVAG control with new auto mated building control system and male minor mechanical re airs toe ui rnent to increase energ effidiengy. 000 X40 000 Estimated Project Beg inning Date: December 201 Est. Project Completion Date: October 2012 W e, the undersigned agree to submit a statement of state monies expended for this project within 50 days following completion of the project. The County Commissioners and the Board of Education do hereby jointly request approval of the above Project, and request release of 240 *000 from the Public School Building Capital Fund (Lottery Distribution). W certify that the project herein described is within the P arameters of G.S. 115Cw546 (or IL 201 0 - 123). (Signature — Chair, County Commissioners) (Date) k (Signature — Chair, Board of Educa Board of Commissioners Meeting 11/21/2011 8 -1 -3 //// jr l at This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 21, 2011 REGULAR ITEM: 9 DEPARTMENT: County Attorney PRESENTER(S): Jason Thompson, Vice - Chairman CONTACT(S): Wanda Copley, County Attorney SUBJECT: Consideration of Bonding/Payment Acknowledgment for Service Agreements BRIEF SUMMARY: Payment and performance bonds by General Statutes are only required for construction contracts more than $300,000 and are not specified for service agreements. The proposed Resolution would implement such bonds to promote payment of subcontractors and suppliers by primary contractors. The bonding would increase County costs with such expenses passed through in bid proposals, but small, local business and MBE/DBE would be better protected. County staff can also utilize payment acknowledgment in service agreements to better determine that the primary contractor has paid subcontractors and suppliers prior to County making progress or final payment. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: 1. Consider enacting the Resolution requiring payment bonds (and performance bonds, if desired) for service contracts more than $100,000. 2. Consider directing staff to include primary contractor payment language in service contracts. eTTe ru_ 41P1VTC• Performance and Payment Bond Resolution Memo COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Consider the resolution and direct staff. COMMISSIONERS' ACTIONS: Directed staff to draft contractor payment language for service contracts and bring it back to the Board. Board of Commissioners Meeting 11/21/2011 9 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS PERFORMANCE AND PAYMENT BOND RESOLUTION WHEREAS, there is currently no New Hanover County policy requiring general or primary contractors to obtain Performance and Payment Bonds under service contracts with New Hanover County; and WHEREAS, New Hanover County or subcontractors or material suppliers working under County contracts have no legal recourse short of litigation if general or primary contractors fail to pay subcontractors or material suppliers for services performed; and WHEREAS, the New Hanover County Board of Commissioners desires to create a policy to avoid potential County liability if general or primary contractors fail to perform their obligation to pay subcontractors or material suppliers working under County contracts, and to promote payment of subcontractors and material suppliers. NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners does hereby require all New Hanover County service contracts with a not to exceed amount of One Hundred Thousand Dollars ($100,000) or greater to include provisions for requiring general or primary contractors to obtain Performance and Payment Bonds in an amount equal to the cost of the contract. ADOPTED this the 21 st day of November, 2011. NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Page 1 of 1 Board of Commissioners Meeting 11/21/2011 9 -1 -1 11 i NEW HANOVER COUNTY LEGAL DEPARTMENT MEMORANDUM TO: County Commissioners FROM: Wanda M. Copley, County Attorney RE: Service Agreement Bonding DATE: 11 /9/11 The issue has been presented how to best protect subcontractors and material suppliers in securing payment from prime contractors. Two methods can be considered: 1. Payment bonds 2. Payment acknowledgements Payment bonds are required for construction contracts of more than $300,000, but not for service contracts. The proposed agenda item is to require payment /performance bonds for services over $100,000. Pros: Promote payment of subcontractor and material suppliers, through a third -party surety if necessary. This will be particularly helpful to smaller, local companies and MBE /DBE enterprises. The payment issue is primarily of concern to subcontractors /suppliers since liens for unpaid work and materials cannot be placed on public property. Cons: The increased cost of securing the bonds incurred by the prime contractor would likely be passed on to County in bid proposals. The cost is approximately 2 to 5 percent of total project cost, depending on the credit rating, outstanding work, and performance history of the bonded contractor. In addition to or in lieu of payment bonds, the County may require payment acknowledgement prior to issuing periodic or final payments to the prime contractor. We could insert the following language in service agreements, similar to comparable practices for construction work: At its election, County may, prior to processing any pay request, require contractor to provide a notarized acknowledgement that all its subcontractors and material supplies have been paid to date. Please contact me with any questions or comments. cc: County Manager Clerk to the Board Board of Commissioners Meeting 11/21/2011 9 -2 -1 Performance and Payment Bond Requirements Definitions-- Performance Bond — A performance bond guarantees that the contractor will perform the work in accordance with the construction contract and related documents, thus protecting the owner from financial loss up to the bond limit (called the penal sum) in the event the contractor fails to fulfill its contractual obligations. Payment Bond — Guarantees that suppliers and subcontractors will be paid for materials and labor furnished to the contractor. The owner's purpose in requiring a payment bond is to guarantee that the subcontractor and suppliers are fully paid for work performed and supplies provided. Explanation: Contracts involving "products" do not normally require a performance or payment bond because the County can refuse payment until the product is delivered. The exception to this is the purchase of a fire truck, which is built to our specifications; therefore, performance and payment bonds are required. Construction contracts require Performance and Payment Bonds for projects with a total contract cost of $300,000 or more as per N.C.G.S. 44A -26. Performance and Payment Bonds are not mandated for "service" contracts. The subcontractor and the County do not have many options when the primary or general contractor refuses to pay a subcontractor for the work performed. The subcontractor cannot put a lien on government property and in the case of service contracts there usually isn't "property" involved. For this reason, a resolution requiring performance and payment bonds for service contracts is recommended in order to give subcontractors a course of action in the event they are not paid. See attached policies for further detail. Board of Commissioners Meeting 11/21/2011 9 -2 -2 Requirements stated in New Hanover County's Purchasing Policy: Section 5.1.1 Performance Bond Requirement Purchases — A performance bond is not required for contracts involving purchases of apparatus, supplies, materials or equipment that require formal binds. However, if the purchase requires specific performance criteria, relates to items that are highly technical in nature, or it is determined that a performance bond may be appropriate in a specific case, the Purchasing Agent may require a performance bond. Section 5.1.2 Paragraph 2 Construction —When a performance bond and payment bond is required, the required performance bond shall be in the amount of one hundred percent (100 %) of the construction contract amount and the required payment bond shall be in the amount of one hundred percent (100 %) of the construction contract amount. Requirements in the N.C. General Statutes (that NHC follows): § 44A -26. Bonds required. (a) When the total amount of construction contracts awarded for any one project exceeds three hundred thousand dollars ($300,000), a performance and payment bond as set forth in (1) and (2) is required by the contracting body from any contractor or construction manager at risk with a contract more than fifty thousand dollars ($50,000); provided that, for State departments, State agencies, and The University of North Carolina and its constituent institutions, a performance and payment bond is required in accordance with this subsection if the total amount of construction contracts awarded for any one project exceeds five hundred thousand dollars ($500,000). In the discretion of the contracting body, a performance and payment bond may be required on any construction contract as follows: (1) A performance bond in the amount of one hundred percent (100 %) of the construction contract amount, conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions of the contract. Such bond shall be solely for the protection of the contracting body that is constructing the project. (2) A payment bond in the amount of one hundred percent (100 %) of the construction contract amount, conditioned upon the prompt payment for all labor or materials for which a contractor or subcontractor is liable. The payment bond shall be solely for the protection of the persons furnishing materials or performing labor for which a contractor, subcontractor, or construction manager at risk is liable. (b) The performance bond and the payment bond shall be executed by one or more surety companies legally authorized to do business in the State of North Carolina and shall become effective upon the awarding of the construction contract. (1973, c. 1194, s. 1; 1983, c. 818; 1987 (Reg. Sess. , 1988), c. 1108, s. 10; 1995, c. 367, s. 3; 2001 -496, s. 7; 2010 -148, s. 1.) Board of Commissioners Meeting 11/21/2011 9 -2 -3 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 21, 2011 REGULAR ITEM: 10 DEPARTMENT: County Attorney PRESENTER(S): Chris Coudriet, Assistant County Manager and Avril Pinder, Finance Director CONTACT(S): Chris Coudriet, Assistant County Manager SUBJECT: Consideration of Private Sale of Real Property to an Entity Carrying Out a Public Purpose BRIEF SUMMARY: New Hanover County is the title owner of a 12.7 -acre parcel held for the benefit of Southeastern Center for Mental Health. Southeastern desires that the County, as its agent, sell approximately 4.1 acres of said tract to Lower Cape Fear Hospice for $1,291,815. The referenced surplus property is more specifically identified as Lot 11, Map Book 38, Page 2789, New Hanover County Registry. STRATEGIC PLAN ALIGNMENT: Productive Strategic Partnerships • Collaborate on service delivery and implement opportunities to reduce duplication of services RECOMMENDED MOTION AND REQUESTED ACTIONS: 1. Approve sale and proceed distribution Agreement with Southeastern; and 2. Approve Resolution to authorize staff to advertise the sale, convey property to Lower Cape Fear Hospice, Inc., and distribute proceeds to Southeastern pursuant to the agreement. A mm A d' 11X X1U XT9P Q. (12)0183A Buy /Sell Agreement (12)0183B ProceedsAgmt Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 11/21/2011 10 -0 RsaLrows• 19 Comme�cialAlllsnce Rsatroa• Nodh Carolina Assoclat/on oiR6acroRS• AGREI&MENT FOR PURCHASE AND SALE OF AREAL PRaP$RTY A AGREEMENT, including any and all addenda aftwhed hereto ("Agreement "), is by and between Lower Ca ■ar Ho i a Into rated a {n} a HOE Carol taa Car2crau . M ("B uyetrl, and {individual or State of formation and type of eaitity) HfW Hauav oun tX a(n) a Ho Pa i tfc 6 S v s Mc Cseller"). ' (individual or State of formation and type of entity) FOR AND IN CONSIDERATION OF THE MUTUAL PROWSES SET FORTH HEREIN AND omE R GOOD AID vALUAB CONSIDERATION, 'THE RECEIPT AND SUMCIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE P � RERE3'O AGM AS FOLLOWS! ARTIES ADDEN M As provided for under the terms of this contract, Lower ,CAN ar Hasoi_ inco rated and Ne 11ang agree to amend the contract provisions and add the following: Section 3. Proration of Expenses and Payment of Costs: Buyer agrees to assume responsibility for all costs and expenses incurred by Seller in conjunction with the Closing, including, but not limited to. Seller's preparation of a deed and other documents necessary to perform its obligations under this Agreement, any excise tax (revenue stamps), any deferred or rollback taxes, and any other conveyance fees or taxes required by law. Buyer shall reimburse Seller for such costs and expenses at Closing. Section 6. Additional Condition: QMRliance with v ' Sale f 5umius ftgnM. This agreement and the rights and obligations of the parties under this Agreement are expressly conditioned upon Seller's compliance with the provisions of the North Carolina statutes governing sales of surplus property by governmental entities, in particular N.C.C.S. 160 A. Article 12 and N.C.G.S. 153A -176. Seller proposes to utilize the private sale procedure to entities carrying out a public purpose set forth in N.C.C.S. 160 A -279, which procedure requires publication of a notice summarizing the contents of Seller's resolution au6orizing the sale, as set forth in N.C.C.S. 160A -267. BUYER: SELLER: Individual Individual Date: Date: Business Entity Low r &M Fear H292icS. In comorated (Name of Entity) By: Date: Date: Business Entity New Hanover County (Name of Entity) By: rFb Board of Commissioners Meeting 11/21/2011 10 -1 -1 wEwLTOSW AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY ComwerofalA/Ilawcs � REALTOR o NOIfIi C8/CIJ//9 AS80C/Sf/pR ofREALTbRSe TR1S AGREEMENT, including any and all addenda attar Ica a(n) a North Carol iaa Careers , sa....._ (individual or State of formation and type of entity) (Eidividual or State of formation and type of entity) #bed hereto ( "Agreement "), is by and between r ilo in, m - - ,�. ( "Buyer"), and ( "Seller "). FOR AND IN CONSIDERA'T'ION OF THE MUTUAL PRONIISFS SET FORTH HEREIN AND OTHER GOOD AND VALUABLE CONSIDERA710N, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS Seedoo I. Term: and Deflui&ns: The tmw listed below shall have the respective meaning given them as set forth adjacent to W h terra. ( '_ (Address ire wilmi toe Han . er 2 2NMME , North C-Mlina Plat Reference: Lot(s) __ _ 11 , Block or Section .�- Ala► , as shown on Putt Book or Slide 38 ,.,.._. at Pegc(s) 17 , �� E ARD E Canary County, Cori] sting of If this box is checked, "Property" shad ash #list property described on Exbb t A attached ha do and incorporated herewith by refemnce, (For information purposes: 0) the tact parcel number of the Property is: B260 ; and, (ih) satrhe or all of the Property, cowdsft of approximately 4.101 acm, is described in Deed Book 5197 , Page No. 2789 Nerw Aawmmr County.) togetba with all buildings and unprov thereon d all fixtures and appurtahanaa thereto and ati pemonal property, if any, itemized on Rxhibit 9 r 6�► S 1 . ) " " mean the sun of One Million One Hundred 8er�n Thousead Two Hundred Seventy Dollars, peyebte an the following term• 10.000 rs ._ $ �) " shall mesa Dolla or terms as follows: N Upon this Agreement becoming a contract in accordance with Section 14, the Earnest Money shall be promptly deposited in escrow with Smith kt.04 a — L „ d. IMP (name of pemon/entity with whom deposited), to be applied as pant payment of the Purchase Price of the property at Closing, or disbursed as agreed upon under the provisions of Section 14 therein. Page 1 of 8 [H Thb form jointly approved by! STANDARD FORM 90-T North Carolina Bar As elation Revised 1=11 e North Carolina Associntion of REALTOILW, Inc. 01/2011 Buyer Initials I Seller Udtials Cammm mewm a x. ha 1301 am MOWS Rom wunbalaq WC 2M1 rhow +719 .762,3576 FOC 910.76LMM Low im Repa Pmduob WKh W"00 "00ay *L90 I WM Fft n As Roved, PAW, MkNW 48= Board of Commissioners Meeting 11/21/2011 10-1-2 0 ANY EARNEST MONEY DEPOSITED BY BUYER IN A 'T'RUST ACCOUNT MAY B PLACED IN AN INTEREST BEARING TRUST ACCOUNT, AND: (check only QlVE box) Number h: K L A (] ANY INTEREST EARNED THEREON SHALL BE APPLIED AS PART PAYMENT OF THE PURCHASE PRICE OF THE PROPERTY AT CLOSING, OR DISBURSED AS AGREED UPON UNDER THE PROVISIONS OF SECTION 10 HEREIN. (Buyer's Taxpayer Identlflcativn M ANY INTEREST EARNED '1 REON SHALL BELONG TO THE ACCOUNT HOLDER IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIA'T'ED THSREWrM (ii) P.Mads O f s ftmLlm in the amount of Dollars for a term of f,� years, with an amortization period not to exceed NA years, at an interest fete not to exceed % per annum with mortgage loan discount points not to exceed % umswmmw� of the loan amount, or such other teams as may be set forth on Exhibit B. Buyer shall pay all ousts associated With any such loan. Di adh3a .Qf-► sue, secured by a deed of trust, said pmmissory note in the amount of Dollars bein over a term of p years, with an amortization period of years, payable in monthly installments of principal, together with accrued 'interest on the Outstanding principal balance at the rate of percent %) per annum in the amount of $ ,with the first principal payment beginning on the first day of the month next succeeding the date of Closing, or such other terms as may be set forth on Exhibit B. At any time., the promissory note may be prepaid in whole or in part without penalty and without furtbar interest on the amounts prepaid from the date of such prepayment, (NOTE: In the event of Buyer's aabsequent defouft upon a promissory note and deed of trust given hereunder, Seller's remedies may be limited to forechoure of the Property. If the deed of trust given hereunder Is subordinated to sector Bnnnchi& the material terms of wuvA $insnring most be set forth on Exhibit B. It such suer tinaneing is subsequently fo the Seller may have so remedy to recover oodqw the note.) Div) of that unpaid obligation of Seller secured by a deed of trust on the Property, such obligation having an oubOmding principal balance of $ and evidenced by a note bearing interest at the trite of P=Mt %) per annum, and a currant payment amount of S . The obligations of Buyer under this Agreament are conditioned upon Buyer being able to assume the existing loan described above. If such assumption requires the leach's oval, Buyer agn= to use its best efforts to s ome such approval and to advise Seller immediately upon receipt of the lendees decision. Approval must be gr itnted on or before I . On or before this date, Buyer has the right to this Agreement for fafte to be able to assume the loan described above by delivering to Seiler writ m notice of texmiwWon by the above date, lbw bed of the CUme. If Buyer delivers such notice, this A slYall be nun and void and Earnest Money shall be, refunded to Buyer. If Buyer WS to d fiver such notice, then Buyer will be deemed to have valved the loan condition. Unless MVW othen�ae in Section 3 heroaf, Buyer shall pay all fats and costs associated with any such • , including any assumption fee charged by the lender, At or before Closing, Seiler shall assign uy 11 interest of Seller in any current rew vca or escrows held by the lender, any property managetnent company andror Seller, includinS but not limited to ■ny tenant improvement reserves, es, commission resew security deposits and operating or ' 8 � t'Y � pera g capital reserves for which Seller shall be 1 said amounts at Closing. $ 1 270. oo (v) Colh, baUnce of Purchase Price, at Closing in the amount of Dne ti113.v1c. Ar tY - 8wen Th usan Bev Dollars. Page 2 of 8 Buyer Initials Seller Initials STANDARD FORM 5WT Revised 1=11 a V2011 Pwdwo ■Ath-ApFarr by zKopbe IWO F*Aw Mb Fund, Falter, Mlchl W 48oz8 1AC H Board of Commissioners Meeting 11/21/2011 10 -1 -3 (c� men the date and time of recording of the deed, dosing shall occur on or b forx or 30 of end f Sa on Prr (d) _"Cankoct 001221 means the date: this Apv tnent has bow fully executcd by both Buyer and Stiller. tee tleum Pededif shall mean the period beginning on the Contract Date and extending through 90-days after the end of the Contract Data TIME ZS OF THE ESSENCE AS TO 7KE F•X4WNA ZION PERIOD. t "BralUEU shad mean: N A ( " Listing Agency " }, Acting as: Seller's A eat eat; Dual A ("Listing Agent" - License # � g ❑ Agent &A { "Selling Agency ( "Selling Agent " - License # Acting as: Buyers Agent; Seller's ( S ub) Agent; d ,dual Agent (g) "SdWA " shall be as follows: gz torn Center Mental 2023 South 17th I&Sgg WWA Con 401 except as acne may be changed pursuant to Sw ion 12. (h) MUT&I NoduAAdmil shall be as foiiows: J an rive to I 01 except as seine may be changed pursuant to section 12. If this block is marked, additional Umw of this Agreement are set forth on Exhibit B attached hereto and incorporated herein by referaux. (Note: Under Nortb Carolina taw, teal cdate agents are not pwmitted to draft eosdidons or eoattugencles to this Agrrcraent.) Sidon 2. Sale of Property and Paymeot of Parcae Pries: Sella agrees to sell and Buyer agrees to buy the Property for the Purchase Price. Seedm 3. Prwadon or and Psyment of Costs: Seller and Buyer agree that all properly taxes (on a calendar year basis, teases, rents, mottgege payments and utilities or any other asswned liabilities as &ftUed on attached Rxbibit B if away, shall be prorated as of the date of Closing. Seller shall pay for prrperationn of a deed and all other documents necessary to perform Seller's obligations under this Agreement, excise tax {revenue staanps }, any defen,ed or rollbardc taxes, and other oanveyencs foes ar taxes required by law, and the Wowing ri A sk Page 3 of 8 Buyer Initials Seller Initials , STANDARD FORM SS T wwmmmmmwp� Revue 1 /M11 C Ifni I Produced with zWww& by *Logk I OD70 Retain ale Re", Framer. MichiMM 49M LrM Board of Commissioners Meeting 11/21/2011 10-1-4 Buyer shad pay recording costs, costs of any tide search, tide insurance, survey, the cost of any inspectioars or investigation undataf cen by Buyer under this Agreement and the following. A . Each party shall pay its own attomey s fees. Section 4. Deliveries: Seller agrees to use best Forts to deliver to Buyer as soon as reasonably possible after the Contrast Date copi of all information relating to the Property in possession of or available to Seller, including but not limited to: title insurance lie es surveys and copies of all presently effective warranties or service contracts related to the Property. Seller authorizes ( l ) an thorn � presently or previously representing Seller to release and disclose any title insurance policy i entl n such attorney's file to Buyer and both Buyces and Sellers agents and attorneys; and (2) the Property's tide insurer or its agent to release and disclose all maWals in the Property's title insurces (or title insurer's agent's) file to Buyer and both Buyers and Sellers agents and attorneys. If Buyer does not consummate the Closing for any reason other thaw Seller default, then Buyer shall return to Seller all meals delivered by Seder to Buyer pursuant to this Section 4 (or Section 7, if applicable), if any, and shall, upon Seller's request, provide to Seiler copies of (subject to the ownership and copyright intereks. of the prepareer thamot) any and all studies, reports, surveys and other information relating direcdy to the Properly prepared by or at the request of Buyer, its employees, and agents, and shall deliver to Seller, qmn the release of the Earnest Money, copies of all of the foregoing without any warranty or l l emtstion by Buyer as to the contents, accu or correctness thereof. ' Section S. Evidence of Titer Seller agrees to convey fee simple marketable and insurable title to the Property free and clear of all liens, encumbrances and defects of title other than: (a) zoning ordinances affecting the Property, (b) Leases (If applicable) and (c) rnaftm of record existing at the Contract Date that are not objected to by Buyer prior to the end of the Examination Period ( "Permitted Exceptions "); provided that Seller shall be required to satisfy, at or prior to Closing, any en cumbranccs that may be satisfied by the payment of a fixed sum of money, such as deeds of trust, inortgages or statutory liens. Seder shall not eater into or record any instrument that affects the Property (or any personal property listed on Ezhlhit A) after the Contract Date without the prior written consent of Buyer, whim consent shall sat be unreasonably withhold, conditioned or delayed. Section i. CondkWo: This Agreement and the rigbta and obligations of the parties under this Agreement are hereby made expressly conditioned upon fulfillment (or waiver by Buyer, whether ecplioit or implied) of the following conditions: (a) 3= 1AW The Buyer must be able to obtain the loan, if any, referenced in Section l ftii). Buyer must be able to obtain a firm cvr tr i a3t for this loan on or before , effoWve through the date of Closing. Buyer agrees to use its best efforts to secure such commitment and to advise Seiler immediately receipt Y � pt of lenders decision. On or before the above date, Buyer has the rat to terminate this Agreement for failure to obtain the loan referenced in Section t delivering to Seller written notice of termination by the above date, Ow o tke (bticeee by Agreernetit steal! be null and void and F.sraest Mon shall f eaaArce. If Buyer delivers such no , this Money be refunded to Buyer. If Buyer fails to deliver such notice, then Buyer will be deemed to have waived the loan condition. No . ' ing die foregoing, after the above date, Sewer may request in writing from Buyer a copy of the commitment letter. If Buyer falls to provide Seller a copy of the commitment letter within five (S) days of recei of Seller's r then Seller � � may terminate this Agreement b notice to Buyer at any time thereafter, provided Seller has not then received a copy of the commitment letter, and Buyer shall receive a return of Earnest Money. (b) Ar • If Buyer is to assume any indebtedness in connection with payment of the Purchase Prise, Buyer agrees to use its best efforts to qualify for the assumption. Should Buyer fail to qualify, Buyer shall notify Seller in writing immediately upon lender's decision, whereupon this Agreement shall terminate, and Buyer shall reodve a return of Earnest Money. (0 1111h Alarainiall After the Contract Date, Buyer shall, at Buyers expense, cause a title examination to be trade of the Property before the end of the Examination Period In the event that surd title examination shall show that Selle es title is not fee simple marketable and insurable, subject only to Permitted Exceptions, their Buyer 'ball promptly notify Seller In writing of all such title defects and exceptions, in no case later then the end of the Examination Period, and Seller shall have thirty (30) days to cure said noticed defects. If Seller does not cure the defects or objections within thirty (34) days of notice thereof, them Buyer may terminate this Agreement and receive a return of Earnest Money (notwithstanding that the Examination Period may have: expired). If Buyer Is to purchase file insarance, the i110 mg company must be licensed to do business in the state in which the Property is kwated. Tide to the Property must be insurable at reguh it rate',4, subject otily to standard exceptions and Permitted Exceptions. (d) If the Property is not in substantially the same condition at Closing as of the dale of the offer, reusable wear and tear exceptcA than the Buyer MY (i) terminate this Agreement and receive a return of the Earnest Money or (ii) proceed to Closing whereupon Buyer shall be eatitlOd to receive, in addition to the Property, any of the Sellers insurance proceeds payable on account of the damage or destruction applicable to the Propcxty. Page 4 of 8 Buyer Initials Sella Initials �� I&F STANDARD FORM SWT Revlaed laoll Pia rib c a wM ZpFanmO by z4J a r 7 a= F*twn M" Ftbg4 F#=w. pAk prl 4$026 a 1Ilol1 2011 Board of Commissioners Meeting 11/21/2011 10-1-5 (e) - Buyer, its agents or representatives, at Buyers expense and at reasonable times during o hours, shall have the right to enter upon the Pro for the S rr� business 1 Y purpose of inspecting, examining, performing soil boring and other testing, conducting timber cruises, and surveying the Property. Buyer shall conduct all such onsitc inspections, cxaminativns soil • other testing, timber cruises and :n of the i bonng and GY S �perty in a good and workmanlike manner, shall repair any damage to the Property caused by Buyers entry and on -site inspections and shall conduct same In a manner that does not memnabl interfere w' 'v Y � Seller's or any tenants use and car ! ymeat of the Property. [n that respect, Buyer shall make reasonable efforts to undertake on-site inspections outside of the hours Any tenant's business is open to the public and shalt give prior notice to any tenants of any onto an portion of the Pt�aparty for the �3' Y tenants purpose of conducting inspections. Upon Selkx"s request, Buyer shall provide to Seiler evidence of general liability insurance. Buyer shall also have a tight to review and msgect ail contracts or other agreements off directly to the PrOPetty and shall be entitled to review such books and records of Sella that slate directs affecting or related maintenance of the Pr Y tQ the option and op", provided, however, that Buyer shall not di3close my infonnateon regarrdmg this Property (or any tent therein) unless required by law and the same shall be regarded as confidential, to any person, except to its attom s 9 e3' +oountnnts, lenders and other professional advisors, in which case Buyer shall obtain thew a grerment to maintain such confid assum all responsibility for the acts of itself, its ants or entiality. sayer emtatives in exercising its rights under this Section 6(e) and agrm to indco ify and hold Seller harmless from any damages resulting therefimm. This indemnification obligation of Buyer shall sw Av th Closing or earlier termination of this A a greetxjent. Buyer shall, at Buyer's expose, pramptfy repair any damage to the Property caused by Buyers entry and on -site inspections. Except as provided in Section 6(c) above, Buyer shall have from the Contract Date thm the end of the Examination Parted to perform the sbo�+e ' � PURCHASE THE PROPERTY* FOR ANY REASON a�' exsrainations Brad testing. IF BUYER CHOOSES NOT TO SUN OR NO REASON, AND PROVIDES WRWMN NOTICE TO SELLER "HEREOF PRIOR TO I EXPIRATION OF THE EXAMINATION PERIOD, 'THEN THIS AGREEMENT S TERMINATE, AND BUYER SHALL PJDM YB A RETURN OF THE EARNEST MONEY. HALL Section 7. Leases (Check one of the fallowing, as appUcable): ® If this box is checked, Seller aff#rnat#vely repr+e is and warrants that these are no L affecting the Property. eases (08 hereinafter defined) [) If this box is checked, Seller discloses that there are one or more leases affecting the Property ( ' oral or written, recorded or not - "Leases ") and the following Provisions are hereby made a part of thus Agree rnent. (a) All Leases shall be itemized on EYhtbf# R; (h3 Seller shall deliver copies of any Leases to Buyer pursuant to Section 4 as if the Leases were listed therein; W Steller represents and warrants that as of die Contract Datc them are at) current defaults (or any existing situation whit with the passage of time, Or the giving of notice', or b ' both, or at the election of either landlord or tenant could constitute a default) either by Seller, as landlord, car by any taunt under any Lease ("Lease Default "). Ira the event there is any Leese Default as of the Contract Date, Sdlex agrees to provide Buyer with a detailed description of the situation in a with Section 4. Seller agrees not to comuniit a Lease Default as Landlord after the Contrast D ate, and agrees further to twisty Buyer th immediately in e event a Default arises or is cl ' - Inc aimed, asserted eu threatened t4 be asserted by either Seller or a tenant under the Lease. (d) In addition do the conditions provided in Section 6 of this Agreement, this Agreement and the rights and h Agre obligations of the parties under this �t are � raeby made sly conditioned upon the "gnmeat of Sellees, interest In ally Lease to Buyer In form and Wntent actable to Buyer (with tenants written consent And acicnowiedgernent, if required under the such as Lease and agrees to use its best efforts to effect st � Seiler gnment. Any asslgnment required under this Section 7 shall be required to be delivemd at or before dosing by Seller in addition to those deliveries required under Section 1 I of this Agreement (e) Seller agrees to deliver an assignment of any Leese at or before Closing, ith an securi Lea= to be tra�nacf or credited tQ Buyer at or before Class . Seller � y �' deposits bald by Sella under arty ng also agrees to execute and deliver (and work diligently to obtain eery tenant signahfts necessay for same) any estoppel certificates and subordination, nondisturbance and attorame nt agreements in such form as Buyer may reasonably request. Sedan & vtroamental: Seller iqxasents and warrants that it has no actual knowledge of the pretence or disposal as in acoardaavc with applicable law, within the buildin or on the ' � gs Property of hazwdous or toxic waste or substances, which are defined as those substances, materials, and wastes, including, but not limited to, those substances, materials and wastes lisw in the United States Department of Transportation Hazardous Materials Table (49 CPR Part 172.101) or by the Fnviranmea al Protection Agency as za hardous substances (40 CFR Part 302 -4) and amendments thereto, or such subs n ces S CY , materials and wastes, which are or beevrne; regulated under any applicable local, state or federal law, including, without limitation, any material, waste or substance which is i Petrolecun, (u) 83be.4'tvs, (u0 1 chlorinated b! en is (Iv) designated he Pv Y Fh Y � t � Boated as a Hazardous Substance pursuant to Station 311 of the Page S of 8 Buyer Initials � Seller Initials STANDARD FARM W T Revtaed 11M I l PMOMd W th jdpFav* b zgaU*x 1W?0 Flimm Win Rood, Fmw. Mme, W24 O 112011 LM Board of Commissioners Meeting 11/21/2011 10 -1 -6 Clean Water Act of 1977 (33 U.S.C. § 132 1) or listed pnan# to Section 347 of the Clean Water Act of 1977 (33 U.S.C. $1317), (v) defined as a hazardous waste pursuant to Section 1044 of the Resource Conservation and Recovery Act of 1976 (42 U.S.C. J6903) or (vi) defined so a hazardous substance pursuant to Section lot of the Comprehensive Environme nW Response, Comperaation and Liability Act of 1980 (42 U.S.C.1460I ). Seller has no actual knowledge of any contamination of the Property from such substances as may have been disposed of or stored on neighboring tracts. Section 9. Rink of Las/Damage/Repair. Until Closing, the risk of loss or damage to the Property, except as otherwise ..provided herein, shall be borne by Seller. Except as to maintaining the Property in its same condition, Seller shall have no responsibility for the repair of the Property, including any improvements, unless the parties hereto agree in writing. Section 10. Earnest Money Disbursement: in the event that any of the conditions hereto are not satisfied, or in the event of a brawb of this Agreement by SeDear, then the Earnest Money shalt be rrome:d to Buyer, but such return shall not affect any other remedies available t uyer for such breach. In the event this offer is accepted acrd Buyer broaches this Agreemmen% then the Earnest Money shall be forfeit . NOTE: In the event of a dispute between Seller and Buyer over the return or forfeiture of Earnest Money held in escrow by a liccemad real estate broker, the bmim is required by state law to retain said P.arnest Money in its trust or escrow account until it has obtained a written release from the parties eonseeating to its disposition or unfit disbursement is ordered by a cost of competent jwisdict or alternatively, the party holding the Earnest Money may deposit the disputed monies with the appropriate clock of court in accordance with the provisions of N.C.G.S. §93A-12._ �Gh T&4 i f ""c x,,11 be� Se OC vS o;+l rerneviy . Section 11. CtoxhW. At or before Closing, Seller shall deliver to Buyer a general warranty deed unless othexwisv speailied on Exhibit B and other documents customarily executed or delivered by a seller in similar transactions, including without hmibfim, a bill of sale for any personalty listed on Exhibit A, an owner's affidavit, lien waiver forms and a non - foreign status affidavit (puravant to the Foreign Investment in Real Property Tax Act), and Buyer shall pay to Seller the Purchase Price, At Closing, the Earnest Money shall be applied as part of the Purchase Prioe. The Closing shall be conducted by Buyer`s attorney or handled in such other manner as the parties hereto may mutually agree in writing. Possession shall be delivered at Closing, unless otherwise agreed heroin. The Purchase Price and otber funds to be disbursed pursuant to this Agreement shall not be disbursed until Closing has taken place. Section 12. Notica: Unless otherwise provided herein, all notices and other eonununications which may be or are required to be given or made by any party to the odter in connection herewith shall be in writing and shall be deemed to have been properly given and received on the date delivered in person or deposited in the United States mail, registered or cadf3cd, roturn receipt requested, to the addressor set out in Seaton 1(9) as to Seller and in Section 1(h) as to Buyer, or at such other addresses as specified by written notice delivered In accordance herewith. Section 13. Fatire Agreement: This Agreement constitutes the sole and entire agleesrnent among the parties hereto and no modification of this Agreement shall be binding unless in writing and signed by all pardies hereto. Section 14. Raferembility: This Agreement shall become a contract when signed by both Buyer and Soler and such signing is communicated to both parties; it being expressly agreed that the nonce described in Section 12 is not required for a ffadve communication for the purposes of this Section 14. This Agreement shall be binding upon and inure to the bewfit of the puck a, their heirs, successors and assigns and their personal represeshtatives. Section I& Adverse Information sad Compllinace wfth Lama: (a) 3r11a KnawledM Seller has no actual knowledge of (i) oondemnadou(s) affecting or contemplated with respect to the Property; (u) actions, Suits or pro dings Pending or threatened against the Property; (iii) change$ contemplated in any applicable laws, ordinances or restrictions affeg the property; or (iv) g�rvemmental apecia�l ■ssessrnent�a, either pending or confu�nad, for sidewalk, paving, water, sewer, or other improvements on or adjoining the Property, and no pending or confirmed owners' assaiation special assessments, excgn as follows (Insert "None" or the identification of any matters m1afing to (1) through (iv) above, if NIA any): Nate: For purposes of this Agreement, a "confirmed" special assessarIL is defined as an usessment that has been governmental agency or an owners' association for the s stn# whether r i ap C10 1 by a pwpas�) ad, er o not it is fully payable, at are of claang. A "pending" special assessment is defined as an sasessment that is under fornud consideration by a governing body. Seller shall pay all owners' association assessments and all governmental assessments confirmed as of the date of Closing, if any, and Buyer shall take title subject to all pending assessments disclosed by Seller herein, if any. Seller I epreserAs that the regular owners` assoclation dues, if any, air S per _ -- N/A .__... :_ • Page 6 of 8 Buyer Initials -, Seller initials STANDARD FORM SWT Revised 1=11 01/2011 Produced with xkft" by xfpLapix 18470 Risen We Road. Fmw, Mkhlpan 48026 L FH Board of Commissioners Meeting 11/21/2011 10-1-7 (b) To . . Se[le�s actual knowledge, (i) Seller has complied with all applicable laws, ordinances ati statutes, rules and restrictions Pertaining to or affecting the Property; (ii) performance of the A ent will not result i � ° r, constitute any default under or result in the imposition of any lien or encum P° brarice up the P n the breach P� under any agr eement or other t to which Seller is a party or by which Seller or the Property is bound; and 010 there are no legW actions, suits or other legal or admWstradve proccoWngs pending or thrcgtcaad ainst the Pr+v such action, suit or other . aS perry, and Seiler is not aware of any facts which might result in any Section lb. Snrvhral of Repraeatatians and Warraotica0 All reprtsentatiots, warranties, covenants and agreements made by the panics herab shall survive the Closing nd delt ing y 'cry of the deed. Seiler shall, at or within six (6) months after the Closing, and without fhMer consideration, exomte, aelmowledge and deliver to Buyer such other documents and instruments, and take such other action as Buyer may reasonably request or as may be necessary to more WeWvely transfer to Buyer the Property described herein m accordance with this Agreement Sectloo 17. Applicable Law: This Agreement shall be =W ued under the taws of the state in which the Property is looted. This form has only been approved for use in North Carolina. Section 18. Assignment: Tlic Agreement is f vely assignable unless otherwise expressly provided on Exhibit B. Section 19. Tax-Deferred Exchange: In the event Buyer or Soler desires to effect a tax - deferral exchange in connection with the conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanggin party shall be responsible for all additional associated with such e:x S change, and provided further, that anon- exc�angin,B Party shall not assmane any additional liability with respect to such tax - deferred exchange. Seller and Buyer shall execute such additional. documents, at no cost to the non - exchanging party, as shah be required to give effect to this provision. Section 20. Memorandum of Cvntraet: request by either party, the parities hereto shall execute a memorandum of contract in recordable form setting forth such provW'ons hereof (other than the Purdue Price and other sums due) a9 either party may wish to Incorporate. Such memorandum of contrm shall Contain a statement that.it autornaatically termhufts and the Property is released from any effect Om-eby as of a specific date to be stated in the memorandum. (which specific date shall be no later than the date of Closing). The cost of recording such memorandum of contract shall be borne by the party requesting execution of same. Section 2 1. Authority: Each signatory to this Agremncut represents and warrants that he or she has full authority to sign this Agreement and such inshmnents as may be necessairy to eff'ectume any t=tion contsanplated by this Agreement oa behalf of the party for wham he or she signs and that his or her signature binds such party. Section 22. Brokers: Except 88 apfusly provided herein, Buyer and Seller agree to indemnify and held each other harmless from any and aU claims of brokeM consultants or real estate agents by, though or under the indemnifying party for fees or ootmmissions arising out of the sale of the Property to Buyer. Buyer and seller represent and warrant to each other that: (i) except as to the Brokers designted a Under Section 1(f) of this Agrement, they have not employed nor engaged any brokers, consultants or real estate agents to be involved in this transaction and (h) that the com prnsadon o f the Brokers is established by and shall be governed by separate agreements entered into as amongst the Brokers, the Buyer andlor the Seller. ❑ E TIC STUCCO: If the adjacent box is checkod, Seller discloses that the Property has boon clad previously (either in whole or in part) with an "exterior insulating and finishing system" commonly known as "EIFS" or "synthetic stucco". Seller makes no r+epnesentations or warranties regarding such system and Buyer is advised to make its own independent determinations with respect to conditions related to or occasioned by the existence of such materials at the Property. THE NORTH CAROLINA ASSOCIATION OF REALjI'ORSqD, INC. AND THE NORTH CAROLINA BAR ASSOCIAT ON MAKE NO REWAENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SKIN IT. Pap 7 of 8 Buyer Initials Seller initials PMd"d wbh * FWMV by Z1PL006c 18070 Rft*l MOD Road, Fraser. Mkhipan 48= STANDARD FORM M&T Rsyised 1UI1 0 1/2011 LCM Board of Commissioners Meeting 11/21/2011 10 -1 -8 BUYER: Individual Date: Date: Business Entity 1!9�wgr Catm Fear Hoe i .{ (Name of Entity) B N ame.- N /A 'Title: SELLER: Indh►idual Date: Date: Bushms Entity N w Mann (Nam of Entity) B Name: � Tins: Dgte: Date: The undenipcd hereby nelmow wgef receipt of the Earnest Money 19t forth herein and agroes to held said Earnest Money dun smardance with the terms hemE Smith More Leath rxoo (Name of Firm Date: : DavId NtLrtin Page 8 of 8 STANDARD FORM S80-T Revised 112011 Pmdumd ►with zlpFom S by &W.Ogk 10070 Fften #file Road, Fra w N 1d-dq n 48M ®11 2011 2DI1 LcFH Board of Commissioners Meeting 11/21/2011 10-1-9 EXHIBIT A Tract One. All of Lot 11, as shown on a map entitled "Wilmington Medical Park ", recorded in Map Book 38, Page 171 of the New Hanover County Registry, reference to which map is hereby made for a more particular and detailed description. SUBJECT TO the Amended Declaration of Restrictions and Covenants and Reservation of Easements for Wilmington Medical Park, recorded in Book 2472, Page 384, of the New Hanover County Registry and the subsequent amendments thereto recorded in Book 2583, Page 353 and Book 3558, Page 355 of the New Hanover County Registry. By accepting this deed, Grantee agrees to be bound by the provisions of said restrictions, covenants and reservation of easements. Also subject to ad valorem taxes for current and subsequent years; rights of way, easements restrictions and other matters of record; and applicable zoning and subdivision ordinances. Board of Commissioners Meeting 11/21/2011 10 -1 -10 Board of Commissioners Meeting 11/21/2011 10 -1 -11 New Hanover County Contract #12-0183B NORTH CAROLINA AGREEMENT NEW HANOVER COUNTY THIS AGREEMENT is made and entered into this day of 2011, by and between NEW HANOVER COUNTY, a political subdivision of the State of North Carolina, hereinafter referred to as "COUNTY "; and SOUTHEASTERN CENTER FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES & SUBSTANCE ABUSE SERVICES, a mental health, developmental disability and substance abuse area facility organized pursuant to General Statute 122C, hereinafter referred to as "SOUTHEASTERN ". WITNES SETH WHEREAS, the parties entered into an agreement dated May 24, 2007 (herein "May 24, 2007 Agreement ") which provided, among other things, for construction by the COUNTY of a mental health facility on approximately 12.7 acres of property conveyed by SOUTHEASTERN to COUNTY (herein "Property ") and payment of the sum of $5,000,000.00 to the COUNTY as part of SOUTHEASTERN' S share of the construction expense; and WHEREAS, the May 24, 2007 Agreement provided that "if, for any reason, construction of the facility has not begun by June, 2009, the COUNTY will return the real property and the five million dollars to SOUTHEASTERN if requested to do so by SOUTHEASTERN' S Board of Directors "; and WHEREAS, in March 2009, the COUNTY and SOUTHEASTERN entered into an amendment to the May 24, 2007 Agreement (herein "March 2009 Amendment ") under which the COUNTY agreed to return to SOUTHEASTERN the sum Page 1 of 3 Board of Commissioners Meeting 11/21/2011 10-2-1 New Hanover County Contract #12-018313 of $2,000,000.00 and agreed to return the remaining $3,000,000.00 if requested to do so by SOUTHEASTERN' S Board of Directors; and WHEREAS, SOUTHEASTERN' S Board of Directors has requested return of the $3,000,000.00 with interest in order to help defray the reduction in state funding for the current fiscal year; and WHEREAS, Lower Cape Fear Hospice, Inc. (herein "Lower Cape Fear Hospice ") has proposed purchasing 4.101 acres of the Property (herein "4.101 Acre Parcel ") from the County for the sum of $1,291,815.00, subject to compliance with the procedures set forth in the North Carolina General Statutes regarding sale of surplus property; and WHEREAS, SOUTHEASTERN has requested and the COUNTY has agreed to execute a purchase agreement with Lower Cape Fear Hospice for the 4.101 Acre Parcel and, following closing, pay the Net Purchase Price plus any accrued interest to SOUTHEASTERN if and when requested to do so by SOUTHEASTERN' S Board of Directors. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. On or before , the COUNTY will return to SOUTHEASTERN the sum of $3,000,000.00 plus accrued interest. 2. The COUNTY will enter into an agreement to sell the 4.101 Acre parcel to Lower Cape Fear Hospice, subject to the compliance with the provisions of North Carolina General Statutes governing sale of surplus property. The purchase Page 2 of 3 Board of Commissioners Meeting 11/21/2011 10 -2 -2 New Hanover County Contract #12-0183B agreement (herein "Purchase Agreement ") is attached hereto as Exhibit A and incorporated herein by reference. 3. Upon closing of the sale of the 4.101 Acre Parcel, either to Lower Cape Fear Hospice or to a different bidder, the net purchase price, in the sum of $1,291,815.00, or such larger sum as is derived from the sale (herein "Net Purchase Price "), shall be held by the COUNTY for the benefit of SOUTHEASTERN when requested to do so by SOUTHEASTERN' S Board of Directors, the COUNTY will pay to SOUTHEASTERN the Net Purchase Price, together with any accrued interest. 4. In accordance with the May 24, 2007 Agreement, the COUNTY will return to SOUTHEASTERN the balance of the Property when requested to do so by SOUTHEASTERN' S Board of Directors. IN WITNESS WHEREOF, the parties have set their hands and seals on the day first above written. NEW HANOVER COUNTY Jonathan Barfield, Jr. Board of Commissioners Chairman (SEAL) Sheila L. Schult Clerk to the Board Southeastern Center for Mental Health, Developmental Disabilities & Substance Abuse Services Chairman (SEAL) Glenda B. Potter Clerk to the Board Page 3 of 3 Board of Commissioners Meeting 11/21/2011 10 -2 -3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING PRIVATE SALE TO LOWER CAPE FEAR HOSPICE, INC. WHEREAS, New Hanover County is holding approximately 12.7 acres of property on behalf of Southeastern Center for Mental Health, Developmental Disabilities & Substance Abuse Services, more specifically identified in Deed Book 5197, Page 2789, New Hanover County Registry; and WHEREAS, Southeastern Center desires that the County convey an approximate 4.1 acre portion of said tract to Lower Cape Fear Hospice, Inc. for a sale price of $1,291,815.00; and WHEREAS, New Hanover County desires to sell the referenced 4.1 acres with the consent and direction of Southeastern Center, to the buyer Lower Cape Fear Hospice, Inc.; and WHEREAS, said real property may be sold through private sale to an entity carrying out a public purpose pursuant to G.S. 160A -267 and G.S. 160A -279 and the Lower Cape Fear Hospice, Inc. qualifies as a buyer under said statutes. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners hereby resolves and directs staff to undertake any required notice publication and consummate the sale to the Lower Cape Fear Hospice, Inc. pursuant to statutes. ADOPTED this the 21 st day of November, 2011. NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 11/21/2011 10 -3 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 21, 2011 REGULAR ITEM: 11 DEPARTMENT: PRESENTER(S): Al Hight, New Hanover County Cooperative Extension Director CONTACT(S): Sheila L. Schult, Clerk to the Board, and Al Hight, New Hanover County Cooperative Extension Director SUBJECT: New Hanover County Cooperative Extension Annual Update BRIEF SUMMARY: New Hanover County Cooperative Extension Director Al Hight will make the Cooperative Extension's annual update to the Board of Commissioners. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS' ACTIONS: Heard presentation. Board of Commissioners Meeting 11/21/2011 11 -0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 21, 2011 REGULAR ITEM: 12 DEPARTMENT: PRESENTER(S): Roger Kelley, Tax Administrator CONTACT(S): Roger Kelley, Tax Administrator SUBJECT: Presentation on 2012 Tax Revaluation BRIEF SUMMARY: New Hanover County Tax Administrator Roger Kelley will make a presentation on the upcoming 2012 Tax Revaluation to the Board of Commissioners. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS' ACTIONS: Heard presentation. Board of Commissioners Meeting 11/21/2011 12 -0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 21, 2011 REGULAR ITEM: 13 DEPARTMENT: Commissioners PRESENTER(S): Chairman Barfield CONTACT(S): Sheila Schult, Clerk to the Board SUBJECT: Committee Appointments BRIEF SUMMARY: Vacancies exist on the following boards and committees: Adult Care Home Community Advisory Committee Cooperative Extension Advisory Council Mechanical Examiners Board Zoning Board of Adjustment STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Make appointments. ATTACHMENTS: Adult Care Committee Information Demetria Gordon Micki Jay Warren Wilson Cooperative Extension Committee Information Nathan Bales Mechanical Board Committee Information Larry Lisk Bruce Polity David B Sims Jr Zoning Board Committee Info Michael Chambers Michael D McCulley Jr Chad McEwen Board of Commissioners Meeting 11/21/2011 13 -0 Linda Robbins -Candy Colin J Tarrant COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Make appointments. COMMISSIONERS' ACTIONS: The following committee appointments were made. Adult Care Home Community Advisory Committee: Demetria Gordon, Micki Jay and Warren Wilson were appointed. Cooperative Extension Advisory Council: Nathan Bales was appointed. Mechanical Examiners Board: Larry Lisk and Bruce Policy were appointed in the Mechanical Contractors catgegory. David B. Sims, Jr. was reappointed in the Mechanical Engineer category. Zoning Board of Adjustment: Michael D. McCulley, Jr. and Chad McEwen were appointed as Regular Members. Colin J. Tarrant was appointed as an Alternate Member. Board of Commissioners Meeting 11/21/2011 13 -0 COMMITTEE APPOINTMENTS ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE Membership: 18 maximum, 13 mandated based on the number of facilities operating in New Hanover County Current Members: 11 Vacancies: Terms: APPLICANTS: Up to 7 1 year initially — 1 1/30/12 3 years - 11/30/14 ELIGIBLE FOR REAPPOINTMENT Demetria Gordon Micki Jay Warren Wilson Attachments: Committee Information Sheets Application Board of Commissioners Meeting 11/21/2011 13 -1 -1 NEW HANOVER COUNTY ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE " Number of Members: 13 State mandated; May appoint up to 18 ( 1 member for each permitted facility) The Adult Care Home Administrators may nominate one -third of the members. If possible, one member must be a person involved in the area of mental retardation. A County Commissioner shall be appointed to serve in an ex- officio capacity. Compensation: None, but may be reimbursed for actual expenses. Term of office: 1 year term initially; 3 year term thereafter [qualifications: Must be a resident of New Hanover County. No person or immediate family member of a person with a financial interest in a home served by the committee, or employee or governing board member of a home served by the committee, or immediate family member of a resident in a home served by the New Hanover County Adult Care Home Community Advisory Committee may be a member of this committee. Immediate family is defined as mother, father, sister, brother, child, grandmother, and grandfather, as well as in -laws. See Volunteer Job Description for more information. Purpose: The committee supports the spirit of the Adult care Home Resident's Bill of Rights, visits adult care homes quarterly, promotes the well being of residents and encourages community involvement. Statute establishing Committee: N.C.G.S. 131 D -31 Regular Meeting: Quarterly Meetings are held on the first Wednesday of January, April, July, and October at 9:39 a.m. at the Cape Fear Council of Governments, 1480 Harbour Drive, Wilmington, NC. Board of Commissioners Meeting 11/21/2011 13 -1 -2 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Mary K. Busbee Initial 4/18/05 4/30/06 8402 Emerald Dunes Road First 4/18/06 4/30/09 Wilmington, NC 28411 Second 4/20/09 4/30/12 686 -2763 (H) Jackie Dae Initial 3/16/09 3/31/10 902 Kings Grant Road First 3/15/10 3/31/13 Wilmington, NC 28405 350 -2733 (H) 409 -3240 (C) L. Thomas Jennings Initial 11/21/05 11/30/06 415 Charlotte Avenue First 12/18/06 12/31/09 Carolina Beach, NC 28428 Second 12/7/09 12/31/12 458 -2584 (H) 619 -0762 (C) Janet H. Locklear Initial 11/22/04 11/30/05 6130 Inland Greens Drive First 11/21/05 11/30/08 Wilmington, NC 28405 Second 11/10/0 11/30/11 798 -8117 (H) Board of Commissioners Meeting 11/21/2011 13 -1 -2 ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE PAGE 2 Revised: 11/1/2011 Board of Commissioners Meeting 11/21/2011 13 -1 -3 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Lorraine McEvoy Initial 8/14/06 8/31/07 121 Spartan Road First 8/13/07 8/31/10 Wilmington, NC 28405 Second 8/16/10 8/31/13 784 -9325 (H) Sandra Oglesby Initial 12/18/06 12/31/07 1508 Rock Hill Road First 12/17/07 12/31/10 Castle Hayne, NC 28429 Second 12/20/10 12/31/13 675 -8040 (H) 452 -8200 (W) Melissa A. Pollock, RN Initial 2/21/11 2/28/12 207 Cabbage Inlet Lane Wilmington, NC 28409 395 -5156 (H) 350 -7878 (W) Oliver F. Schreiber Initial 8/14/06 8/31/07 121 Spartan Road First 8/13/07 8/31110 Wilmington, NC 28405 Second 8/16/10 8/31113 784 -9325 (H) Martha H. Stein, Chairman Initial 7 /24/06 7/31/07 2203 Marlwood Drive First 7/23/07 7/31110 Wilmington, NC 28403 Second 7/12/10 7/31113 762 -1125 (H) Cameron M. Stone Initial 2/21/11 2/28/12 621 Silver Grass Court Wilmington, NC 28405 247 -1313 (C) 350 -7878 Cecil W. (Woody) Sutton Initial 7/24/06 7/31/07 2000 Trinity Avenue (28411) First 7/23/07 7/31/10 UNCW PSCS 601 S. College Road Second 7/12/10 7/31113 Wlmington, NC 28403 -5614 512 -1612 (H) 962 -7074 (W) Glenda M. Tate Initial 2/21/11 2/28/12 Deer Island Lane Wilmington, NC 28405 256 -2464 (H) 523 -1294 (C) COG Long Term Care Ombudsman: File: Adult /2.11 Audrey Marshall, 1480 Harbour Drive, Wilmington, NC 28403 395 -4553 Revised: 11/1/2011 Board of Commissioners Meeting 11/21/2011 13 -1 -3 s NEW HA NC VER COUNTY ` BOARD OF COMMISSIONERS - i a2 r 230 Government Center Drive, Suite 175 E ALIAL Wilmington N 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 FAX (910) 795 -7145 Board /Committee: mil p Ca ee Po vw P C o vVl r'v1 Gt N I 4V A�✓, Name: � eV►� e �- � I /� � �V'�(v �/t E -Mail: Pin✓' n r► r13 � ,� I I Su �� � . N2'� Home / � , ,\1 G Address: 10� �C TM tVS' /{I?P✓1 U P_ WI / n'1 I /1 Gt�VI � 6 10 3 Mailing Address if different: Home Phone: Fax: (City) (Zip Code) Cell L/bYOR ' j o 7(p,31 Business: Years living in New Hanover County: 9 !Kale: Female: Race: � A e: 317 Y 9 (information for the purpose of assuring a cross- section of the community) Do you have a family member employed by New Hanover County? If yes, name 1 V D Employer. I e I Y A person currently employed by the agency or department fdLk hich this applicafion is made, must resign hislher position with New Hanover County upon appointment, in accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or department Occupation: 6 �i0e1�'Gti�' l �P� �idvll5� Professional Activities: A m eriPlm 0,011ealr- D-t 14-ea(ul E Volunteer Activities: I I ]^., " Aloho_ eh 4 rsa'� i r Why do Y ou wish to serve on this boarckommittee? � l `4 IL 1,1/4 avi " j - 0 t Conflict of interest: if a board member believes he/she has a conflict or potential contiict of interestolf a particular issue, fh a t member should state this belief to the other 3 members of hislher 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? M OL I N to (40 P_ r- 4 e v sa vP L a4 6.LMe., I ft a(e oulolece 4 e3" Qualificatiorns for serving: Mz1h. Other municipal or county boards/committees on which you are serving: Lis 1. 2. 3. r rnree coca► personal reverences ana pnone numoers: 5 H -1 l a o q 10) p 03 �11AONIVIH �11� re r) -- J'ean 10 n S On A- I t YO 33U r c� '} r� r � Date: `� p Signature Applications are kept on file for 18 months I understand that ny board or committee appointee may be removed without cause by a majority of County Commissioners. Please use reverse side for additional comm goasd of Commissioners Meeting 11/21/2011 13 -2 -1 NEW HANOVER COUNTY �.�'� " BOARD OF COMMISSIONERS � n 230 Government Center Drive, Suite 175 Wilmington, NC 2e4o3 COMMITTEE A Telephone (910) 798 -7749 FAX (910) 798 -7145 •fsT �ats�v •;� Board /Committee: NIL' W!u �'l Ut1� R•� � t/�Q �C-I Cep N i qf-e' Name: �'� �7 . M i Gr-i v (�.i/ E -Mail: 1'h I �� ��� . 2 coo Home G � � CGS Address: (Street (City) J (Zip Code) Marling Address if different: Home Phone: q�- �` + Fax: (City) Cell: Years living in New Hanauer County: Male: Female: Race: � (Information for the purpose of assuring a cross- section of the community) Age: Al Do you have a family member employed by New Hanover County? If yes, name Employer. ii( - pa rtment f a.J e A per currently employed by the agency or de fox&b 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. Furthermore, applicant should have no immediate family member employed by such agency or department. Occupation: • Pr ofessional Activities: c idfzA -o- 5 1 cc nS Volunteer Activities: W C O-10e *14A 0 C i ! - V , , of 4-4: Why o y ou wish to serve on this boardlcommittee ? d+'l C" eze Y Y i i s it t r care- &L 4 cm s t (,h-f - Confild of InOre 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 Aslher 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 himselflherself from voting on the matter. What areas of concern would ou like to see addressed b this committee? SO-fefq Y Y s • Q'*4 +-el •�� 1i ■ .w Qualifications for serving:. '� A-4f, W C fit' A ►�.�' � vn larg 0.,P% 4 t Of List three local personal references a a o it r Date: - Signature 00 Applications are Dept on file for 18 months 1 understand that a -board or without cause by a majority of Please use reverse side for additional COM MWOd of Commissioners Meeting 11/21/2011 13-3-1 (Zip Code) Business: 6sz - NSRG appointee may be removed W Other municipal or coup boardslcommittees on which you are serving Rb rA � 'c. p county Y g Al - 09130/2011 11 :25 N0.032 D02 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, 5ullfa 175 VWIMMUMn, NC 2840 Te on$ (010) 7W7149 PAX (910) 799 -7145 COMMITTEE APPLICATION fioorWiCommlttee. f mill r TOW. 7 97) 11111P ...� 1 - H Alal!!ng A ddmrw N dMan t; f C�YJ (Zj* Cade) Home Phone: C9" ��=�,�L� Fax;,�,��}'�� CeN:�gll')1f, «r-�i6� Busfa�as {g10�:�5Q` Years I/Wng In Now Hanover unW, al male: „ Female: face: - AEa: (information for the purpose ofassuning a crass- saetian of the carnrrrun #y) Do You have a family member employ%d by Now Hanover County? ff ym, n Da 3 $51Z* I S AWA^ Employer. I-J CQ= 1?ev-jn4y RjAhe'- S 6.3,115111"911 A person wmaW Y Y a�nCy of d�parthrsnt Which a OAOcafan is mods, must 'pry hr paditn with Now Hainovat Wily upon flwowmw, i n &=Wd9Mft with Arfiaa W Sec. d of the NOW Hanow County Personno) ft dc►, Fwtrwowep v0 ceat s��l Allove no t hilimchaft family member eg90yed by such �qvnCy or dwadnrent Occupation: Pr ofessional _ -a-it 11 P OIL= S= C L -r ."4 Volunteer Ac"es: ff&M- G A %%,v do y ou wish to sova an this hicar*commkitee? IPA j 4L illivw4c ti CordW s1 ddLrW' d a board membsr lteltebs ift"t has on s pb rilWar Issue. ftf membof Urd stare this WOW to the a1W ►nom�dars of N~ fspeetlue b*W dufirq s public mal The membe shWO seats the nalu►e of the oov�RiGt, doWling that hokhe has a sapa►ate pfivate, or rrionetery int+eraat either d�►sct a► in�'i►ect, In the Ian ur r C4� ► ion, The ffo&r0or ahourd Ihen excuse WMS.8ff#W If ftM vod"q on Nte mauler AtAoA Loer� ftat a s of eonwm would you like to see addmsed by thi comm ittee J:jjp,.r AbArz Jall f � � . ■ a L � � � w _ a ! 1 1 t Other municipal or county boarda/ccmmNtees on which you sr+r senring: �� w List three local pemonal references and phone numbers: . nal LkL 82000A (910) " AJ401Ais"r date: Signature AprpOcltfions arts 1rept on f4e for I ntvtriffis i understand tha arty ho #rO w;aAm7n appslntso maybe remia without carter by a ne�r of Counter Catnmts�rlw�ere. Flares ese revar�ae �fe for �ddf done! comments Board of Commissioners Meeting 11/21/2011 13 -4 -1 COMMITTEE APPOINTMENTS COOPERATIVE EXTENSION ADVISORY COUNCIL Vacancies: 3 1 - Unexpired term 5/31/2012 APPLICANTS: Nathan Bales Attachments: committee Information sheets Applications ELIGIBLE FOR RE APPOINTMENT Board of Commissioners Meeting 11/21/2011 13-5-1 NEW HANOVER COUNTY COOPERATIVE EXTENSION ADVISORY COUNCIL Members: 16 At- Large; Appointed by the County Commissioners Terms of office: Three years. Purpose: Participate in and support Cooperative , Extension programs and events. Cooperative Extension is a partnership between New Hanover County Government and two Universities: North Carolina State University and North Carolina A & T State University. Primary responsibilities of the County Advisory Council are to: 1. Provide input and direction for overall educational programming conducted by Extension Staff and Volunteers in the areas of horticulture (Arboretum), 4 -H Youth Development, Family and Consumer Sciences, Coastal Management, Environmental Education, and Urban Forestry. 2. Serve as an advocate in support of Cooperative Extension with citizens, community leaders, and elected officials 3. Foster relationships with other related organizations and agencies Meetings: Four times yearly, held in auditorium at the New Hanover County Arboretum Statute or cause creating council: Cooperative Extension Director requested County Commissioners appoint members 112312006. Board of Commissioners Meeting 11/21/2011 13 -5 -2 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Durwood Baggett Initially by Ex- Officio 2324 41S Street, Apt. 323 Cooperative Ext. Wilmington, NC 28403 NHC 1/23/06 790 -9580 (H) Leon David Bridgers First 5/17/10 5/31/13 118 Wellington Drive Wilmington, NC 28411 686 -1947 (H) 512 -2765 (W) Amanda L. Davis Unexpired 2/15/10 5/31/11 P.O. Box 15135 First 5/16/11 5/31/14 Wilmington, NC 28408 228 -8625 (C) Ted Davis, III First 6/16/08 5/31/11 309 N. Channel Drive Second 5/16/11 5/31!14 Wrightsville Beach, NC 28480 520 -4344 (C) 399 -6649 (W) Adrian C. Early First 3/16/09 5/31/12 215 Valencia Court, #102 Wilmington, NC 28412 330 - 554 -2631 (C) 341 -7700 (VV) Board of Commissioners Meeting 11/21/2011 13 -5 -2 COOPERATIVE EXTENSION ADVISORY COUNCIL PAGE 2 Revised: 10/19/2011 Board of Commissioners Meeting 11/21/2011 13 -5 -3 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Angela Keith First 4/20/09 5/31/12 6803 Buckhurst Court Wilmington, INC 28411 962 -7450 (W) 471 -8393 (C) Paul Masten Unexpired 7/20/09 5/31/10 233 Racine Drive, #86 First 5/17/10 5/31/13 Wilmington, NC 28403 352 -1812 (H) 799 -9945 (W) 616 -1085 (C) Andy Mills Unexpired 12/7/09 5/31/10 1209 Tremont Court First 5/17/10 5/31/13 Wilmington, NC 28411 791 -0804 (H) 2549333 (W) Charles F. Mincey First 2/16/09 5/31/12 5433 Widgeon Drive Wilmington, NC 28403 799 -5391 (H) 452 -1185 (W) Robert C. Murray III First 10/17/11 5/31/14 8313 Sharaz Way Wilmington, NC 28411 686 -1892 (H) 470 -9841 (W) Shari Ricks First 10/17/11 5/31/14 615 Tibbys Drive Wilmington, NC 28411 200 -0752 (H) Zachary Rudisin Unexpired 8/17/09 5/31/10 5310 Petrel Court First 5/17/10 5/31/13 Wilmington, NC 28409 297 -2295 (H) Virginia Teachey First 5/16/11 5/31/14 8713 Champion Hills Drive Wilmington, NC 28411 681 -0320 (H) 520 -0414 (C) Director: Al Hight Cooperative Extension Service File: /Cooperative 10.11 6206 Oleander Drive B/C #N /A Wilmington, NC 28403 798 -7660 (0) 798 -7678 (Fax) Revised: 10/19/2011 Board of Commissioners Meeting 11/21/2011 13 -5 -3 Oct 14 11 02:29p Nathan Bales 91032 -6681 p.1 NEW HANOVER COUNTY . ' ; ' •:. BOARD OF COMMISSIONERS -' 230 Govbmment Center Drive, SuYa 175 Wftk ^"C 28403 COMMITTEE APPLICATION Telaphorte (910) 798 -7148 _ FAX (810) 796-7145 . BoardlCommittee: New Hanover County Cooperative Extension Advisory Council Name.- Nathan B ale s sw an.. nbales @ ec . rr. . Goa Horne Address: 4709 Rushing Dr Wilmington 28449 0 Mailing Address Ff different: My) Horne Phone: 9 10 -- 632 --6681 Fax: same Cell. 910 - 4 31 -4774 Years th ng in New Hanover County: 7 W/O: V" Female: Race: White ftmbrmtrw Jbr the pu7we of assafing a cross- sedbn of the ) Do you have a family member employed by New Hanover County? W yes, name na Age: 6 6 Employer. Self, Bales Therapy A person cuxr+ently employed by the agency or ftartrrant for wfth Ws appbca da is (made, mu& reslyn Nwher powbon with New Hanover Comfy upon appwtmaM in accordsnm YA07 Arbale W, S4m 4 of the New Hanow Coa* Pemonnel Policy. Fwtemm, applicant should have rpo immedi►ste family member erWoye+d by such agency or dWa&naW. Dccupatfon: Li Mass Therapis Professional Aclivitle . '- Volunteer Activities: Me al On 'Wheels de livery, President of KHC Beekeepers .Association Why do you wish to serve on this board1committee? Help t h e c ty. t:anwat of lntereat. ifs bowl member believes helhe has a conflict orpoftafal comid oflnNevit on a psritcuierinue, tat n n bw should stale this belief to the ofer members of h's1w remove board daring a public meebW The rnernber shou& state die nNure of the co~, dmWe#ng ftwt the has a ssorete, priv^ or monetsry iniowt evlher direct or fndi+vat h? the issue under consid m fian. The nwmber shodd their excuse himseffAmrself from voting on the vies r. What areas of concern would you like to see addressed by this committee? street beautification hike s bike trails, energy efficiency of city re so u rces . Q ualiflca dons for SwWng: mas ter gardener for 40 years, previ h ome bu ilder . maturity Other municipal or county boardslcommittees on which you are serving= n List three local personal references and 1. David Brj dg 910- 512 -2755 ( e + , f 2. Michael cons 910- 616 -7420 J III OCT 1 3 20.' i LU � Va Brian We 910 - 4884 t] 10/11/2011 Appffcatiorrs are !kept err file for I8 months Please use revme side for addtwo) comnaents n's Signature I understand that an board or Commit a appointee y be reproved wMioW cause by a maiorW of County tromrnrssioners. Board of Commissioners Meeting 11/21/2011 13 -6 -1 (Z*v Code) Business: COMMITTEE APPOINTMENTS BOARD OF MECHANICAL EXAMINERS VACANCIES: 3 2 - Mechanical contractors 1 - Mechanical Engineer Terms: 2 Years, Expiring 8/31/14 APPLICANTS: ELIGIBLE FOR REAPPOINT MECHANICAL CONTRACTORS: Larry Lisk Bruce Polity Vacancies have been advertised for 4 months with no new applications. Larry Lisk and Bruce Polity have agreed to serve another term if the commissioners so desire. MECHANICAL ENGINEER: David B. Sims, Jr. Attachments: Committee Information Sheets Application X Board of Commissioners Meeting 11/21/2011 13 -7 -1 NEW HANOVER COUNTY BOARD OF MECHANICAL EXAMINERS Number of Members: 6 appointed by the Board of Commissioners as follows: 2 mechanical contractors 1 person experienced in gas piping installations 1 person experienced in commercial grease extractor systems 1 person experienced in heat, Ventilation and air conditioning installations 1 N. C. Registered Mechanical Engineer ) 0 Terms of office: 2 years [qualifications: Each member shall have a minimum of five years of experience in his or her representative field. Compensation: none Regular Meetings: The Board shall meet after each examination, but not less than twice a year. Statute or cause creating Board: General Statutes 153A -352, New Hanover county code Chapter 5, "Building" Amended by adding a new Article VII, "Regulation of Mechanical Work ", dated 7/20/87 and amendment dated 12/19/88. Brief on Functions: To issue certificates to all persons who (1) provide satisfactory evidence to the Board regarding their training and education; (2) pass an examination administered by the Board, and (3) provide evidence of two years of experience in their perspective fields. To administer written or oral examination quarterly on the first Tuesday in January, April, July and October. The Board may revoke certificates and reinstate certificates in accordance with the County code. CURRENT MEMBERS CATEGORY TERM OF OFFICE APPOINTMENT EXPIRATION Thomas L. Crittenden Jr. Class III First 8/16/04 8/31/06 1144 Princeton Drive Journeyman Second 8/14/06 8/31/08 Wilmington, NC 28403 Mechanic Third 9/22/08 8/31/10 763 -4025 (H) 343 -1234 (W) Fourth 9/20/2010 8/31/12 Larry Lisk Mechanical First 8/13/07 8/31/09 137 King Arthur Drive Contractor Second 8/17/09 8/31/11 Wilmington, NC 28403 256- 9547(H) 796 -3978 (W) Ray McClory Class II First 8/14/06 8/31/08 113 Yorkshire Lane Journeyman Second 9/22/08 8/31/10 Wilmington, NC 28409 Mechanic Fourth 9/20/2010 8/31/12 675 -1944 (H) 675 -1944 (W) Board of Commissioners Meeting 11/21/2011 13 -7 -2 NEW HANOVER COUNTY BOARD OF MECHANICAL EXAMINERS (CONY.) CURRENT MEMBERS CATEGORY TERM OF OFFICE APPOINTMENT EXPIRATION Susan D. Nance Class I First 8/14/06 8/31/08 4101 Waylon Road Journeyman Second 9/22/08 8/31/10 Wilmington, NC 28411 Mechanic Fourth 9/20/2010 8/31/12 688 -6389 (H) 685 -2811 (W) Bruce Polity, Chairman Mechanical First 8/13/07 8/31/09 802 Rolling Hills Cove Contractor Second 8/17/09 8/31111 Wilmington, NC 28409 452- 7816(H) 772- 1555(W) David B. Sims, Jr. NC Registered First 8/17/09 8/31/11 2512 Shandy Lane Mechanica ng. Wilmington, NC 28409 I 799 -0599 (H) 791 -8016 (W) Staff Contact: File: \Mechanical I 1011A ' Drm.ee, Chief Mechanical Inspector B/C #19- 8.10 Planning and Inspections Department 230 Government Center Drive, Suite 110 Wilmington, NC 28403 798 -7203 (279 -5330 Cell) Revised: 9/21/2010 Board of Commissioners Meeting 11/21/2011 13 -7 -3 New Hanover County Board of Commissioners 320 Chestnut Street, Room 305 Wilmington, NC 28401 -4093 Telephone: (910) 798 -7149 Fax: 798 -7145 COMMITTEE APPLICATION NEW fW4OVER CO BD. OF COMMISSIONERS Board/Committee Board of Mechanical Examiners -7= Name: Larry W. Li sk Home Address: 137 King Arthur Dr. Wilmington 28403 (Street) Mailing Address if different: Home Phone: 910 -256 -9547 (City) Business/Work Phone: 910-796-3978 (Zip Code) Years Living in New Hanover County: 37 Years Male: '' Female: Race: W Age: 60 (Information for the purpose of assuring a cross section of the community) Employer: American Residential Services of Wilmington, LLC (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 Person net Policy.) Job Title: Sales Manager Professional Activities: Refrigeration Service Engineers Society Volunteer Activities: Why do you wish to serve on this board/committee? Betterment of the trade 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 Me 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? Find ways to assist in the development of better qualified journeymen in the trade in this area. Owned and operated a successful heating & air conditioning business Qualifications for serving: �--- in Wilmington for 25 years, before selling to national company who I work with now. Other municipal or county boards /committees on which you are serving: List three local personal references and phone numbers: 1. Lloyd Prince NHCO Chief Mechanical Inspector 798 -7203 Z. Mark Blackmon Owner Johnstone Supply Co., Wilmington 762 -5773 3. Wanda Copley New Hanover County Attorney IL 798 -7153 hate: 9 Signature: Applicati s are kept on file for 18 months Use reverse side for additional comments Board of Commissioners Meeting 11/21/2011 13-8-1 New Hanover CouAty Board of Commissioners CO TEE APPLICATION 320 Chesmut Strut Room 3415 JUL 3 � 2'uuo wilmlagmi. NC 29402.4093 Tolephvee: (91 79$.7149 Fax: 798 -7143 Atrlit u A Aint►r n r~n t Board/Committ Now mover County Kachanzcel Name: Bruce Polity l3ome Address: 002 Rolling Bills cove ftlnington 28409 (Street) (City) (Zip Code) Mailing Address if different: Home Phone: ( 910 ) 452 B�ideas�VOrk phone: ( 910 ) 772 -1555 Ycsr9 Living in New Hanover County: 10 Male: �.. "_. Fcsnale: �,,,,,., Race: 4:av�►s iva (Inform abed for the purpose of assuring stress seetlo n of the eon maN sty) Employer: Car ol ina C ort Beat & Air L. L. C . (A pore on eu rrently employe d by the ag easy a r depar hoes t for wbieb this app lieation if lade. mast re sign hWber position with N ew liasoV or County upon app old us en 9, In it ee ordee to with Ar bek V L S ec do a 4 of she New H sae war C or aty Penes ne 1 Ps iky.) Job Title: owner Professional AdMtles: Volmteer Actinides: Why do you wbb to serve on this boardlcommlttee? Being an owner and still in the fi I feel I not only benifit, but help in waintaimiug and improving N . H . Countia & high a tsnde►rds . canfiftl of Interest H a board member believer he 1 she has a confect ar poient+al comict of interest oo s partlaular AFsue, that member ahnuldstah this be11ef to Me ataer members of his 1 her respective board during a public m aeling. The m ember ihomrld s tety the netare of tho conflict, detelling that haleno has a aeparats, prtvete or manstary Intoreat, either direct or , Indlreer, In we Issue under esneldsretion, rho m ember ahould then escue ■ hlms eft l herself rrom voting an the me Ner. What areas of concern would you like to see addressed by this e,,.It,.? siotifica when now or existing* codas are now being enforced. what qualifies an support under an air handler? QuaWleations for serving: Over twenty years in the field.. an owner r an �plcyar F an samane who wr en about quality and consistency and doing the right thing. Other municipal or county boards /canmittces an w dich you are serving: non List three loci persoval rcfcrcaees and phase n umb ers: 1, D Johnson (910) 343 -9474 2, Hark Crowell (910) 270 -7013 Glen Neighbor (910) 343 - 9476 Date: `'Id 25 r 20 0 6 Appikerlsoi ore inept on fik for is mealks TOOIZ Signature: Board of Commissioners Meeting 11/21/2011 ZnAftj - VKI'IOUD U na reverse slike fir additional Comm ate 69L0TSZOT6 IV3 6Z :CT 9042 /TC /L0 08/04/2005 16:46 9103955734 DAVID SIMS AND ASSOC J 1 el.;U* ! ru 11J 1 0 rii•i nrl; t 116rrko l i UNb r t3.' ft'a, t1 1u (ht$ f U0U Ne fi CoUtY r� com mialonerrs COMMITTEE APPLICATION 72 mosao Sews i;oaw 30 Mhwitgos,NG 71 IN 409) Triad.*. (#I$) ;41 - ia; r ?Mvd df M x 1'1 6 && PAGE 01 r. �c Nit m flow dnG yu V1 %�.q LC JIL UJ A" I VM M90% $-- �"n (strut) I (to qf 411r code) Malnsit Addrev if diftrapt; memo 111mmeel.-I 10- lqq-D qi--- - --ftwaoss(Work Pbalk: q I Ye�rr l��n� 1 n r : �� u Fisk; .� Feamb: Race: Age: 'dirk Kano" � ■ty �.,�. tIM" aaow f ee !Aa per pnw el atsat ift a avaa some of 11e h:AOb ■rhff ICY) i § I 1 4—P C, l tJ1pnM�• ti� !!;r �'�ayad by ma at#eel or /e targhraht ht w whioA phis up#nor=hahh u ra te. jous ■aMga b1dse' reli tlea with N I* Narfvof coam upe a app A4 4%tutu is aiwordaaei with Arelalr V1, 9%v.4W%4 at d. haw ANWrfr CVrart frr&M20 ftWY,) Job 71 l k i Prohnionst etc .1ytttis: V wxr Attl►� ilL�: Dxx D V�.1� 660 01f ? . -- ;iwv olsa r 0� � Wby d-j yan w►'jdi to Barre av tki�t boo►rdlconalsfto" �11� �. M ! Q vyx ��c ri i-+5 o L b- ea noffir( Id6roamod rf dss+r , 6~0 "rot," ae I are nn* a oS"Nef or pe bf Arefe al an r panlrrrar kaua, Aet 0481"bef oil # ,, 1d ■► ■1i tAr 0V1/ ►lie MA i•Aer F"8114A of Ar/ 1 M, . b so dsvVe r pMrtnp J 04MV in #4 Iona • 7we 460M 0 o sw a fare Ow q 9W4, si fft2 cer.rjes. OW Wow that ladle &t Aso I aOff ale. AM A= n 40012ry biq"6( a Np#e 6 *0+ . r :" '/!!. 1,9 MW ►# I li ~ mn aidoW,'o1+, The on wws ri HM vW Ovo * mpv& & A;N f ? Apivel IMM rQ0V OVA IA# 14' 6 F Ow• Wbrt a rm of towern would you iikc to a" Addressed b y thk cvmmftleo' 0 r CbYJLCV)t)„ Qnalfie#tion9 t;ql iCt1"f U�: 1 fns t Alba• inanicipc + or coaoy kwardelcantdliw as which you on Bening: Litt Wit local pmwosl re terea ces ■qd pbent ppmbere: 91 o- �,so�m a. ��n U)00,js, Pti. q/0— 395•181 �F .t1oV.t"s, pf. Q10 •34 5•9cas3 Date: .,. ; 6 1 500" ■ ......�._.. � s[gnetsre. Aprlieai i pm e rd Iv. /10 ol qV (e■ t Y w��wlir - -- -- r--%�L - rp- - rt-z P- n �k � 1 U a M U I UT AUG — 5 2005 NEW NANOVER CO. 60. Of COMMISSIONERS Board of Commissioners Meeting 11/21/2011 13 -10 -1 COMMITTEE APPOINTMENTS ZONING BOARD OF ADJUSTMENT 3 Vacancies 2 Regular Members 1 Alternate Terms: 3 Years; Expiring 12/1/14 APPLICATIONS Michael Chambers Michael D. McCulley, Jr. (Served as Alternate) Chad McEwen Linda Robbins -Candy Colin J. Tarrant Attachments: Committee Information Sheets Applications ELIGIBLE FOR REAPPOINTM Board of Commissioners Meeting 11/21/2011 13 -11 -1 NEW HANOVER COUNTY ZONING BOARD OF ADJUSTMENT Numb er 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 Lucie F. Harrell Conference Room at the Government Center, 230 Government Center Drive, Wilmington, NC. Compensation: $20.00 per member per meeting plus auto mileage Statute or cause creating Board: N.C. General Statutes 153 -A -345, 265.17. 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 Boakd of Adjustment is 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 zoning official 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 11/21/2011 13 -11 -2 NEW HANOVER COUNTY ZONING BOARD OF ADJUSTMENT PAGE 2 7VC 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: 5/31/11 Board of Commissioners Meeting 11/21/2011 13 -11 -3 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Robert F. Cameron, Jr., Chairman First 11/19/07 12/1/10 5119 Nicholas Creek Second 11/15!10 12/1/13 Wilmington, NC 28409 313 -1961 (H) 762 -9635 (W) Peter M. DeVita First 11/15/10 12/1/13 7108 Key Point Drive Wilmington, NC 28405 509 -3055 (H) 262 -2113 (C) Eric C. Hickman Lk r ablt, -}o Unexpired 4/21/08 12/1/08 2027 Gray Walsh Drive 45 e, v f.,. First 11/10/08 12/1/11 Wilmington, NC 28405 256 -2219 (H) 772 -8813 (W) 599- 1227(C) Justin Michael Lewis First 11/16/09 12/1/12 3702 Providence Court Wilmington, NC 28412 919 - 414 -8410 (H) 794 -4880 (W) Noelle M. Winstead, Vice - Chairman First 11/10/08 12/1/11 1305 Carolina Beach Avenue, N., Unit A -3 u � 4o Carolina Beach, NC 28428 458 470 "v''A-'e� -1377 (H) -1940 (C) J ALTERNATES: � � � First 11/10/08 12/1/11 Michael D. McCulley, Jr. 6102 Lydden Road Rf O,. mt Mb e-'r Wilmington, NC 28409 -CL" P Pfi 547 -5185 (C) 251 -2500 (W) Joe Miller First 11/15/10 12/1/13 7103 Centallion Court Wilmington, NC 28411 538 -5639 (C) 796 -1022 (C) John Edwin "Jack" Stanton II Unexpired 3/15/11 12/1/13 708 Carolina Sands Drive Carolina Beach, NC 28428 458- 5853(H) 254- 3553(W) 368- 7302(C) Revised: 5/31/11 Board of Commissioners Meeting 11/21/2011 13 -11 -3 NEW HANOVER COUNTY ZONING BOARD OF ADJUSTMENT PAGE 3 CURRENT MEMBERS TERM OF OFFICE APPOINTMENT EXPIRATION Staff Support: Steve Still 3/11 Senior Compliance Official File: /Zoning NHC Planning and Inspections Department B /C#33 230 Government Center Drive, Suite 110 Wilmington, NC 28403 793 -7118 Revised: 5/31111 Board of Commissioners Meeting 11/21/2011 13 -11 -4 New Hanover County Board of Commissioners Board /Committee: 7 0/ , // , Name: A_r�i !T, Home U_ Address: 7 COMMITTEE APPLICATION 0) " " N -AMMIA10 / 6' IF, ' Xa ( 6 I 230 Government Center Drive Suite 175 Wilmington, NC 28403 Telephone: (910) 798 -7149 Fax: (910) 798 -7145 �^ C?,/c 1 Q _ j Aj, lm) (Street) (City) (ZipCode) 1 Mailing Address if different: E -Mail Address: o4nnM14eT=A)C Q-6) rAnAooi zzoQn 1 q) Horne Phone. Q Cell. Business. Years Living in • New Hanover County: Male: - Female: Race: Q01kC 4fi a Age: (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 Ne Hanover County upon appointment, in accordance with Article VI, Section 4 of the New Hanover County Personnel Policy.) Occupation: r ae� 'a, C V" /00, 0 C� X \� V , 1 Professional Activities: Az/ 2 6)6 41 c Volunteer Activities: Why do you wish to serve on this board /committee? V - U �� a Conflict of Interest. If aboard member belie she / sh has a conflict or potential conflict of interest on a particular issue, that member should st this belief to the other members of his /her respective board during public m eeting. The m emb er should state the nature of the conflict, detailing that he/she has a s eparate, private or monetary interest, either direct or indirect, in the issue under con side ration. The m em er should then excuse hims elf / herself from voting on the ma tter. v What areas of concern would you like to see addressed by this committee? r VVM e 14 .OV '* I IN A140 tr IL re v) I V i .. Qualifications for serving: _ 1 4; rf I V fl rOiIC fV IF Other municipal or county boards /committees on which you are serving: OF List three local personal references and phone numbers: 36 � .� _ � � I L; Lot 2. I i I ...— NEW HANOVER CO BD Of COMMISSIONERS Date Signature: LX Applications are kept on file for 18 months Board of Commissioners Meeting 11/21/2011 13 -12 -1 Use reverse side for additional comments 0-6 A. Michael Chambers AnnMktglnc @aol.com 8944 Woodcreek Circle Home: 910 -681 -0385 Wilmington, North Carolina 28411 Cell: 91 0- 409 -4290 Experience: US Patent and Trademark Office (USPTO) Alexandria, Virginia Primary Patent Examiner - -Expert Rating: Fluid March 1975 to March 2407 Handling, Valves and Valve Actuation • Processed and examined patent applications for quality and productivity. • Trained and managed assistant patent examiners. • Utilized knowledge of engineering practices, mathematics, building materials, manufacturing technology and related physical sciences to examine specifications and drawings of patent applications to determine the patentability under pertinent United States Codes and pertinent case law. • Extensively used computer software to search the state of the art of the subject matter of a patent application, write a professional evaluation of that application and electronically transmit that evaluation to the USPTO from a remote location. • Structured and maintained a docket of assigned patent applications so as to exceed assigned USPTO production goals. .., .___f ducation: US Army Corps of Engineers Vicksburg, Mississippi Civil Engineer - Waterways Experiment March 1973 to March 1975 Station -- Chesapeake Bay Model Project • Helped to design, oversee construction and operate the largest physical fluidics model of a fluid estuary ever constructed. • Helped to develop early computer control of model parameters, methods and equipment to collect data and simulate changes of physical parameters on the model. This allowed the evaluation of the effect of those changes prior to their being made on the Bay estuary. • Coauthored published technical reports of the verification and operation presented at fluidics related symposiums. • Supervised and trained other engineers assigned by the Corps to the model. North Carolina State University Raleigh, North Carolina Master of Science - coastal and ocean Engineering 1975 Forth Carolina State University Raleigh, North Carolina Bachelor of Science- civil Engineering 1973 Awards: US Department of Commerce Bronze Medal US Government Distinguished Career Achievement Award US Government Qualify, Special Achievement ,and Productivity Awards 7975 -2007 Licenses: Registered Agent US Patent & Trademark Office Registration Number 61 ,084 North Carolina Professional Engineer License Number 027954 Maryland Professional Engineer License Number 10919 Publications: "Verification of the Chesapeake Bay Model, " Technical Report HL- 81 -14, 7987. Vicksburg, MS: Waterways Experiment Station References: Available upon request Board of Commissioners Meeting 11/21/2011 13 -12 -2 NEW HANOI COUP • BOARD OF COMMISSIONERS za Ca overnmeaf Cartel Drive livite 175 W *nlnorip, NC 28403 COMMI E APPLICATION BOM&COMMi � Board of Adj ustment #V se: Michael D . HCCu 1ley t ulr , "all 9 a` ot�l1 ■fit .net Home A ddrm= 6102 Lydden Road t Wi lmington t NC 28409 7st reer) t City) �70 G000) Mailing Addmss If diffemnt: #off Phone; 910-313-6979 910- 313 -6919 Business: New Hkftover County: 9 AWe: 10 Female: Fla „: �a�os aian (1 fo the pvWrre of vss�nq a G S -Sec:Ko Of the c0mm ."0) jDo you h ave a family memb employed by New Han over County? N YM name Age: 42 EM0 10yan M i cb a a1 D . A► + CCU PY J- .# 1P . A r , Atto a t LAW A yet w3 err y dyed bar (he sgwx r or depe far w60 s � aton rs mAt .= ,Qr ban �,�+ ���� �p�r �n�y � * n�� i 0? grctirdanom *tfi 4rtjcJv V1, Sec 0 of #e AP &M HirnamrC&ff�ry PetsmnW PEIicyr FOrMeMme. sp#jtaf �ftWj tw,.,o no jmaxpdjifv ferrXjy nvmbrar *mpby►ed by wich &9 &oY dr Occupation: Attorney t mftsfonal Acttvldez: NC Bar As Volunteer A c tivi#eS: "Th ey Will S Again” - helping di sabled su rfers Why do you wish to sere an thi boar ft ommitt ee? Tb q i va back to my consunity in a way that uses px ess .o ►�. kncw1oc age and expe#e oa e.ad t* enhance my sense of conmunity i:xvojLvemant �r�t�c# �r� � � �► hem ►narr+� �b+e9ip�res l��e yes �,�an�id ar �a� fiat � i1t#�d1 � a �,�tlicuf�r �sat.w�r, - r��r at��kl a *a�+ �� �.� � 4�1er rr m#�ers o� Mir b tf uri , p�1b�iC rr+ea The �' s#to aS a i9$,� }ure O fe � +d �rt f fie h a Le h , pri�ra , e�� rrrartef�rY In �� motor C�t@C. d►' iR , in the iM* undW CmWlrfahGA T�* rnerrtnber ahxtAd 1 r isnVW hi=9ffR* 6Y fMM V0 11ft9 nA the 0000( Wh at xmm of concern would ,you like to addrasssd by this rornmiltee� _� S ava � particula ��aa �f .r.wr.rwr.wwr.. v�r ■innnn0� concern but would seek to ensure a fair and reasoned application of law to z oning i ssu e s Quarr ocadons fo seNln Ralav t p"ir knowledge and experi enea i a 1 eo sexed previous `ly on city laming beard in Now Bern, NC, before .moving t.o Wilaington . Other municipal of county Wwrds1committees on which you are serving: N ana w curr&ntly PER F)) OCT 2 n 20`11 RD ff List three local personal references and phone numbers: �. Dar ryl Mille (350--1500) 2, John Ja rvi.a (793-4456) . Ro Moul (411- Wfe: Oc tabe r 20, 2 Signature ME ApojW�Ons ore inept on We for 1 nwnfha I uo3 danwnd that my #coed or comet ttoe a WMcut cause by it mkor4 of County COm Pke use reverm side for aWltional rornmeria Board of Commissioners Meeting 11/21/2011 13 -13 -1 10jn[aV' be Moved NO'v, /01/2010/MON 07:22 AM FAX Phu. 910 ?59 6644 P. 001 /001 NEW HANOVER COUNTY BOA RD of COMMISSiO ERs 230 Govemnwnt Center Drive, Suke 175 W17mington, NC 25403 7`akphona (91 798 - 7149 FAX (910) 798 -7145 COMMITTEE APPLICATION BoardCOmmifte: Zoning Board of Ad justment N &ne. Chaid McEwen E lull rha ewen@ gmai 1.. cc= Home Address: 226 Shore PoirYt Drive W i Imi ngton 28411 ( zip C7 oaej Mailing A d* ess if diflbren t n / a (Chy) (Zp Code) Home Phone (910) 604-2100 r (91 0) 259 -6644 Cdl: ( 9 1.0) 604-2100 Business. Years 11VIng in Ne Hanover County: 14 SEARS Male: Female: Race: white - - Aga: 32 (Infomutbn Aar ihs purpose ofasuming a crass -sedGon of the communky) Emp►oysr: low of la rgaw A person cumadfly ern0byed by the agency or department for whkh this appflGatbn is madit must res#ir bIslharposftn with New Hanover Cou* upon appolntmnt~ In accordance with Arhi:b V4 Sec. 4 of the New Hanover County Personnel Policy. OCCflpation: Plaming Dir ector Professicma! Ac"es: Serves on several technical advisory boards related to my employment Volurrfeer A c9MO NC Blueberry Festival an church activities Why do you wish to serve on this boarfcornmifte? z thimk I h a f i s-m urukbrs tandi ng of the role of the Hoard of Adjustment having been involved in these meeting for av 5 years, Confikt or mhuwt Ira bawo member Mlems rwC fie Im a corOld or po tend canllict of infemst an a perfefer issue, fhe t member should state We bener lo the other mambws of hk/her rwpaabw board dwing a public meeting. The member should state hie nature of the conflict, 4etoWng Mt he /she has a nparate, private. or monelry 1ntwest archer dired or indirad in the issue under consloWadon. TM member aftad Oen excuse nlmse►bhetsdlf ftm voting on dw rheas. What areas of Concern wou ld you like to see addressed by Phis comm ittee? I would like to sam the Hoard continue to serve its proper statu f�unotions as outl fined in NCG3 16 dA -3S 9 . QuaW cat►ons for serv ing: I have worked as the Planning Director for the Town of Burgaw for nearly 6 years, and I'm well versed on the functions of Zoning Boards of A djustm ent other municipal or county boanUlcomrnittees on which you are serving: n one [Jst three Iocal personal r ces and phone numbers: i. Dr Mark Imperial (93.0).962-3000 N OV 1 2010 1 UJ I 2 Kemy Willson (910) 443 --4471 YV HANOVER CO . Louis Hesse (910) 604 -0912 BD. OF CMMMISSI LWO 1 1-1 .1 AN11ceffans are kept on fffa for It months Pkwe use roverse side for addlVanal comments r r 5lgnature . I wtdars�ar, � q fie appoiWme -W ser►mea at the pkasure of thr Now Hanover County Board of Comn iissivrmm. Board of Commissioners Meeting 11/21/2011 13 -14 -1 ALIG-08 -2011 14 :09 From: 98156974 To:97987145 Rage: 33 NEW HANOVER COUNTY BOARD OF COMMISSIONERS WO GaVaM Cer*r LO1ee SUN 175 nfflm n , NC 2W3 TalVftm (910) 798-7149 FAX (910) 7A&7145 COMMITTEE APPLICATION r&l;omm;me: New H=over County Zoning board of Adjustment Ap � r V Nam: Linfa Robbins,A�ail: 'srxs 4 4 gmai 1. com Hone Addm., s: 4611 Split Rail Drive WiI m ngton 26412 Mai no Addmm N ditr wt: lC (ZID CO*) Hone Phone: lax: Cell: Busine ": years living in New Hanovw County, 4 0 Jule: FenWe: Race: bla Ago: 40 (I*Wrrta for the puMm Hof ass a amass - wdbn of tt communly) Do you have a family rnernber employed by New Hanover County? !f yes, name NO Employer, A Mrson CUM* @MP)byOd Dy the 9 y cr dapa t W which W - pOcafon is Me^ rnu t resign Ii pavilion we Now H ama cow* PAN apppai►rl�vlt, in woWOM,e WbAfts y4 Sec 40f Me New HaftOw Ccuniy Pe1Wrd l AoJicy. Fug V"wer applieent shoW have no irnmadt*i+e tarmly ►t AW omph**dby► sudh *M;cy or O W * dment occupadofl: School Social Worker Pro $ional AcOvfdes.- North Caro Association of Rducatar local 2nd Vice President VoluntwAcOvidew School committees and ch ur ch comittees Wray do you wi sh to serv on this boarckommittee? 1 would like to serve on this board to look at im;=ving revenue for the county through zoning/re- zoning diffezvnt properties . 4vr�Ald� at tnwoft 9 s board hter'nber believes h&W* h a conftt of Potrenliar ammo of tnWwt on a paticuief due, NW MMW should Aft #his MotIb 0* cow lm '+4ers of his�her boergl a p�v rr ng The mcrnbor &hoW stsls the nafure of the d'c od o d&Wng that ha4 fts a sepw+e, l to Of Mowry inkw@A *10w dred ar lrONO, in the issue under cai!&q&1ftM n m�der 101J� than excuse ern vp on A1A . Met areas of concern would you like to see a by this 0ommNee? Fa irn esa in zoning properties / areas for county residents . uallficafimm for serving: Q . am a native resident of New 11ano�rer County. O er munkipel or Wunly boar Ioommiffees on **ich you are serving: N/A List th 10001 personal r�efererrces and phone modem: t. 5onaa Robinson 910-- 795 -3391 2. Georg Maize, IV 644 - 505 -6557 3 V i c kie F 910 f AUI G 2- 20111 I I I i Ui� Date: August 2 2011 Slgnature V \-k] A000� APPftnt am kept on Me for IS months 1 er desrstana OW any board or Conmhtae appointm nar bs removod w�lt�t cause by a rrrvanity of Co�mty Carrirtesafonars. P�SL' I'evers� aids for ad��lorysl Cdalal� Board of Commissioners Meeting 11/21/2011 13 -15 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Canter Drive, Suite 175.x; MImington PVC 28403 ' COMMITTEE APPLICATION •� Telephone (910} 798 - ?49 FAX (910) 7.98 - 7145 � BoardlCOMmitfte: Nov Hanover County Zoning Board of Adjustment Ham@: Colin J Tarrant E co lin . tarrant@ smi thmoore law. &44 Horne Address: 7842 'Clde Pond Road Wilmington 28411 (St reet) iD �_..__._.. Mailing Addmss if different: (CRY) (Zip Code) H ome phone: n/a Fax: 910 - 815 - 723 2 Ceil: 919 - 4 14 --2584 Years living in New Hano County: 5 Male: V Female: cauca (information for the purpose of assuring a cross-section of the community) Do you have a family member employed by New Hanover County? if yes, name Ernpioyer: n/a Age. 31 A person curmndY employed by the agency of department for which this appacaton is made, must mWon Ns/her posOm with Now Hanover County upon appointmmt, in accordance vdih Afficle W, Sec. 4 of the New Hanover County Personnet Policy. Furftmxve, applicant should have no lmmdate family member empk)yed by such ii ency or deperbnent Occupation: Attorney Pmfessional Activities: State /County Bar Assocs., Young Lawyers Assoc. , Leadership Wilmington `Io lun teer Acdvides: Coach - Cape Fear Soccer As soc . Why do you wish to serve o thi board/comm ? - To lend my knowledge and expertias to the community and to do my part in making New Hanover County a great place to live and pork. Confilct of hmNw st Y a board member beNeves he/she has a Pict or poGendal corAd of interest on i psrficd er issue, ghat member sho uld state fis befeef t+c ire offw members of his/her respective board daring a pubic mee ft The member should state Me nature of the contrmt dlddkng that h&Me has a separate, private, or monetary it &W, either drect or indred, in the issue urWer cornkWaBan. The men "r should then excwse himselfA~ from vo#ng va the matter. What areas of concern would you like to see addressed by this committee? proper appli of th standards as set out in the statutes and county ordinances and consistancy. Quafficatlons for servi License Attorney practicing predominantly in land use and real estate litigation. Experience in zoning matters representing clients. Other municipal or county boardslcommittees on which you are serving: None List three local personal r+eferances and phone numbers: 9. Michael Lae (910)815-7121 OCT 2 5 20 II�'i NEV; �IA�iO`'R �0 2. Ken Shanklin (910) 752 -9400 �D OF commIc� 3. Steve Bright (910) 763 -5350 T D October 20, 2011 Signature T; Hf: Appikadons are kept an fie for 18 months ! understand that any board or committee appointee may be removes' without cause by a majority of County Commissioners. Pima use reverse side fur additional comments Business: SM IN NW 7-7R79W4UW Board of Commissioners Meeting 11/21/2011 13-16-1