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Agenda 1995 12-181 1 1 1 1 1 1 A 1 1 1 1 1 1 ~e '~ ~ ~~ io NEW HANOVER COUNTY BOARD OF COMMISSIONERS ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC DECEMBER 18, 1995 9:00 A.M. MEETING CALLED TO ORDER: Chairman Rober G. Greer INVOCATION PLEDGE OF ALLEGIANCE NON-AGENDA ITEMS (Limit three minutes per item) APPROVAL OF CONSENT AGENDA ESTIMATED ITEMS OF BUSINESS PAGE NO. TIMES 9:15 AM 1. Presentation of New Hanover County Service Awards 1 9:25 AM 2. Presentation of New Hanover County Employee Class 3 Act Awards 9:35 AM ~ 3. Presentation of Audit for Fiscal Year Ended June 30, 1995 7 9:50 AM 4. Consideration of acceptance of schedule for Fiscal 9 Year 1996-1997 Budget Process 10:00 AM 5. Consideration of adoption of project ordinance and 15 related documents for grant award for development of I-40 Business Park 10:15 AM 6. Consideration of request to change the Animal Control 29 License Fee (Privilege Tax) to Animal Control Administrative Fee 10:25 AM 7. Consideration of request to upgrade the telephone 33 systems in the Administration and DSS Buildings 10:35 AM 8. First Reading;, Approval of amendment to New Hanover 47 County Ordinance, Section 6.51.-1(c)(1) for Human Relations Commission 10:45 AM 9. Second Reading: Sewer Impact Fee Ordinance 49 1.0:55 AM 10. Committee appointments: 53 A. Board of Health O . B. Huma n Relations Commission 11:10 AM 11. Meeting of the Water and Sewer District gg a 11:20 AM ADDITIONAL ITEMS ' COUNTY COMMISSIONERS COUNTY ATTORNEY COUNTY MANAGER 11:30 AM ADJOURN -~~ ~. ~ a . _ ., a ,~ ~ ~ o ,~: ~ ~ . ,. o .. , v a . -: ~ a . ,. f :_ _ . ... - ~~ o o ... .~ .. a ... ~ . o . o _ .. a . o 1 1 1 1 1 1 1 1 1 1 1 1 1 ~,1 '1 1 1 NEW HANOUER COUNTY WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC DECEMBER 18, 1995 9:00 A.M. ITEMS OF BUSINESS 1. NON-AGENDA ITEMS 2. Approval of Budget Amendment 96-0087 for elevated water tank at Ogden Park 3. Approval of Budget Amendment 96-0095 for upgrade of the Northeast Interceptor ADJOURN PAGE NO. 101 103 NEW HANOVER.000NTY BOARD OF COMMISSIONERS CONSENT AGENDA DECEMBER 18, 1995 ' 9:00 A:M. ITEMS OF BUSINESS PAGE NO. U 1. Approval of New Hanover County and New Hanover County Fire 107 a District Collection Reports 2. Approval of release of value 111 3. Approval of reduction in value 113 4,. Acceptance of letter~of delin uent a lication r' q pp fo exemption 115 5. Consideration of request by Wilmington/New Hanover County 117 Community Development Corporation (CDC) for exemption of property 6. Approval of Award of Bid 96-0068 for an upgrade to existing distributed 167 a control system at WASTEC 7. Rejection of Bid 96-0067 for ambulance remounting and adoption of 223 resolution rejecting bid 8. Adoption of resolution rejecting bid and a royal of the rivate sale PP P 225 of equipment 9. Adoption of resolution for sale of surplus property 227 10. Acceptance of 1995-96 Arts Council Grassroots Grant for the Museum 233 11. Approval of salary upgrade of the Education Coordinator for the 237 Museum 12. Approval of request by Human Relations for Clerical Specialist 239 position and Budget Amendment 96-0096 13. Approval of Contract 96-0190 between the Sheriffs Department and 257 ABC Board regarding ABC law enforcement 14. Acceptance of DWI mini-grant to Sheriffs Department from Governor's 263 a Highway Safety Program and approval of associated budget amendment (96-0088) 1 1 1 1 1 1 1 1 1 1 1 1 '1 '1 1 it 15. Approval of budget amendments A. 96-28 to increase budget for additional revenue for Controlled Substance Tax funds B. 96-29 to increase budget for additional revenue for Federal Forfeited Property funds C. 96-0089 to budget additional State grant funds for the services of an interpreter for the deaf D. 96-0090 to transfer funds for roof replacement for Sheriffs Department/Patrol Division E. 96-0091 to budget an additional State Immunization Action Plan grant F. 96-0092 to budget an additional State grant for Women's Health Service Fund 269 270 271 272 273 274 I1 0 i, I~ C 1 1 •~ LJ REQUEST FOR BOARD ACTION Meeting Date: 12/18/95 Regular Item #: 1 Consent Item #: Additional Item #: Department: Human Resources Presenter: Allen O'Neal Page Count In Agenda Package: 1 Contact: Rosetta Bryant SUBJECT: Presentation of New Hanover County Service Awards BRIEF SUMMARY: The employees listed qualify for recognition due to their length of service with New Hanover County. Service awards will be provided by the Human Resources Department. FIVE (5) YEAR SERVICE AWARDS: Dennis J. Burks -Environmental Management; Edwin L. Hart -Health; Deborah L. Gregory -Health; Hugh W. Mohr -Parks; TEN (10) YEAR SERVICE AWARD: Patricia D. Fogle -Property Management; Wayne G. Kimbrell -Engineering; Marlene T. Cely - Sheriff; William Coburn -Sheriff; Earl A. Jackson -Sheriff; Kenny L. Smith -Engineering; Billy R. Tyson -Engineering; Sue Brooks -Health; Janet B. McCumbee -Health; Temple L. Hall -Social Services; FIFTEEN (15) YEAR SERVICE AWARD: Wyatt E. Blanchard -Engineering; Debbie H. Broyles -Sheriff and Paula Nixon -Social Services RECOMMENDED MOTION AND REQUESTED ACTIONS• FUNDING SOURCE: Federal S: State S: County S: User Fees S: Other S: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: LGL: FIN: BUD: HR: Present awards _ A`_b~ _ - ' °~ ~ 0 ~,~ t r' fir, .. .. _ ~ 1 ~" ~ V - l~. ~" ~ ~ 5 ~ ' k,sy'_ 'v it '~ A ' . ! . ~9 ~~.p {~ (^ ~ R A '1 Refcr to OlTice Vision Dullctin Boud for Disposition REQUEST FOR BOARD ACTION Meeting Date: 12/18/95 r, ~I'~ ~I 0 e t C ~~ I I ~~ ~I t is Regular Item #: 2 Consent Item #: Additional Item #: Department: Human Resources Presenter: County Commissioners Page Count In.Agenda Package: 3 Contact: Andre R. Mallette SUBJECT: Presentation of New Hanover County Employee Class Act Awards BRIEF SUMMARY: It is recommended that the Board of Commissioners present "Class Act Awards" to Earl P. Hayes, Tradesworker -Parks Department and Debra A. Casteen, Administrative Secretary -County Manager's Office. (See Attached CLASS ACT AWARD NOMINATION FORMS). RECOMMENDED MOTION AND REQUESTED ACTIONS• FUNDING SOURCE: Federal S: State S: County S: User Fees S: Other S: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: LGL: FIN: BUD: HR; COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• Present Class Act Awards as recommended. Please recall the °Class Act" Awards Program was initiated in May 1994. The two previous recipients of the awards are AI Canady, WASTEC and Cindy Meredith,(]Health Department. G„ 7 ~~ P 4_ R 1 i n { 7 ,"Y ~' 1 r G t~~ P ~ Refer to Office Vision bulletin board for Dispositon _ NEW HANOVER COUNTY CLASS ACT NOMINATION Earl P. Hayes Mr. Hayes. is being nominated for this "Class Act" Award for his courage and his willingness to continue to serve the County after going through an experience few people will ever have. In the summer of 1994, Mr. Hayes was diagnosed with a heart condition which left him little hope for cure without a heart transplant. Mr. Hayes requested to be placed on the list for a transplant, and while he waited for word. of a successful donor, his health began to deteriorate. Mr. Hayes was forced to stop working, and for several months Mr. Hayes was confined to Duke Medical Center, a machine doing the work his heart could no longer do. Finally, in November, A donor heart was located and Mr. Hayes underwent heart transplant surgery. Seven days later (!) Mr. Hayes drove himself home to Wilmington! During the next few months, Earl would occasionally drop by the Maintenance Shop to visit with the crew, always promising that he would be back soon. On Apri129, 1995, Earl Hayes came back to work for the New Hanover County Parks Department. Mr. Hayes has been back on the job since then. He has not missed work during that time, and is performing his duties with a new energy. I feel that his courage, his strength in the face of such an experience, his determination to come back to work and resume his life, and his loyalty to our Parks Department are deserving of special recognition. He is an example we should all be proud to follow, especially when we consider the problems we think are so great in our lives. Earl P. Hayes has offered ,the following thoughts on his experience:. " I had complete faith in God. I had great support from my wife, Betty, my family and my co- workers at the Parks Department. At no time did I not think it was going_to happen. I never hurt or was afraid. I was on the "heart-mate" machine for forty-four days and I knew I was going to get a heart. I thank God My Heavenly Father and the Doctors at Duke Medical Center." Submitted by: Wm. Neal Lewis, Director New Hanover County Parks Department 4 - a CLASS ACT AWARD NOMINATION ' DEBBIE CASTEEN December 5, 1995 ' Beginning last October the County became involved with the Criminal Justice Partnership Program (CJPP). This was enacted by the State Legislature to provide assistance to the Judges as they began implementation of the Structured Sentencing Law in North Carolina. I was assigned to this project as the County Manager's designee. The County Commissioners appointed a 23 person board to oversee this program. The goal of the CJPP board was to develop a grant application to be submitted to the State in order to receive funding. Needless to say, this required much work in order to educate a board of this size and to provide guidance for them to accomplish their goal. Meetings began in October 1994. Notebooks of information had to be assembled and distributed. Minutes of each meeting, notices of time and places had to be mailed. Information had to be gathered on each board member for our mailing list. Debbie ' jumped in enthusiastically from the beginning to assist me in making sure this all happened. She would reserve the room, make sure all equipment was ready and working. Several times these were working supper meetings and she coordinated all of the food and beverages. As (brought back my scribblings from the meetings she would turn them into official minutes. All of the reams of paper that needed to be distributed , to the board members on a timely basis have been carried out with a smiling, happy attitude. She was the contact person for all the board members. If they needed information verbally or paper she made sure they got what they needed. ' You may say, "well, isn't that what she is suppose to do?", and yes it is for New Hanover County. This has been beyond the call of duty. She could have claimed lack of time to get her "regular" job duties completed. After all, none of those have gone away. But she didn't complain, she went the extra mile. she performed like a CLASS ACT. When our grant applications were due for both filing periods, April 1 and May 15, she worked to make sure everything was ready to go. She communicated with our consultant on almost a daily basis to make sure she was doing everything possible to assist in getting the application filed on a timely basis. She had the Department of Corrections send her a copy of the grant application on disk so she could make the grant look very professional in it's content and appearance. Our grant for April 1, 1995 was accepted with very few requests for additional information. We had to work up to the last minute to get the full year grant ready by May 15. Debbie worked to make sure all was ready no matter what additional work load she was carrying. Debbie exemplifies what a "public servant" is. She strives to do all that she can do to serve the public in a gracious and warm manner. She is an excellent candidate for the County's Class Act Award Program. Res ectfu p Ily submitted by Andrew J. Atkinson, May 17, 1995 Approved by Management Team 12/4/95 ~5 0 . T/ris page irrte~rtiona!!y left binnk 6 1 1 I 1 1 i~ io REQUEST FOR BOARD ACTION Meeting Date: 12/18/95 Regular Item #: 3 Consent Item #: Additional Item #: Department: Finance Presenter: Sam Rose Page Count In Agenda Package: 1 Contact: Bruce T. Shell SUBJECT: Presentation of Audit for Fiscal Year Ended June 30, 1995 BRIEF SUMMARY: Presentation of the 1995 Audit by Sam Rose, Partner, with McGladrey and Pullen, CPAs. RECOMMENDED MOTION AND REQUESTED ACTIONS• Request Commissioners listen to the presentation. FUNDING SOURCE: Federal S: State S: County S: User Fees S: Other S: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: ~LGL: fIN: BUD: HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hear audit report. There is no requirement to "approve" the report. The Board may, however, "accept" the report. 7 Refer to Olficc Vision Bulletin E3oard (or Disposition 8~ t REQUEST FOR BOARD ACTION Meeting Date: 12/18/95 Regular Item #: 4 Consent Item #: Additional Item #: Department: County Manager Presenter: Allen O'Neal Page Count In Agenda Package: 5 Contact: Cam Griffin SUBJECT: ' Consideration of acceptance of schedule for the Fiscal Year 1996-1997 Budget Process BRIEF. SUMMARY: The staff would like for the Commissioners to review the attached budget schedule and summary of issues and schedule a date when staff and the Commissioners can review in more detail. 1 ~~ RECOMMENDED MOTION AND REQUESTED ACTIONS• Schedule a time when County Commissioners can review the major issues that are expected in the FY96-97 budget and provide direction to staff on how they would like these issues addressed. n Ll ~r I IC FUNDING SOURCE: Federal S: State S: County S: User Fees S: Other $: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: LGL: '~ FIN: BUD: HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• I recommend the Board review and approve the schedule. The schedule usually requires adjustment at the end of the process in order to accommodate additional hearings or matters the Board wishes to be considered. Also, I recommend the Board review the "FY 96-97 Budget Issues" and endorse the issues noted. I welcome any revision, deletion, and addition the Board may have. I also recommend the Board consider a time away from the office environment to nsider approaches to the budget. Discussion at the meeting on this matter would be appropriate. ra . ~ ~y~ 4, a _ _ p Refer to Office Vision Bullcti Boud for Disposition ' ,_ ,..~. 11/15//95 _ .. _ DRAFT #1 PRO SED Fiscal Year 1996-97 Budget Preraararinn S~hPCIIIIP November 30 Capital Project (CIP) requests to BUDGET December 1 8 Notify Commissioners of major budget issues 8t preliminary budget projections January Budget issues session/retreat . January Meeting between Commissioners ~ School Board on FY96-97 school budget and capital needs January 5 Budget seminar for department heads ~ administrative support personnel on budget process, LGFS and OV/FORMS Budget request information to departments and outside agencies January 1 S Expenditure and revenue printouts (thru 12/31/95) to departments Departmental narratives (1 copy with changes penciled in) co BUDGET Organization charts (current 8t projected, 2 copies of each) to BUDGET Accomplishments, goals and objectives, and performance measures to BUDGET January 31 Outside agency funding requests to BUDGET Computer; vehicle, telephone, beepers/pagers, and radio requests to BUDGET _ New position, temporary salary, overtime/on-call salary, and reclassification requests to BUDGET February 13 Departmental line item budgets to BUDGET ' (ALL. REQUESTS IN EXCEPT SCHOOLS) - Departmental revenue projections to BUDGET - - - Departmental expenditure 8Z revenue printouts to Budget March 1 1 Distribute to Commissioners' Office: Notebooks with outside agency ~ . requests, departmental requests (line item details) ~ printouts ,, . Distribute to Budget Team: Notebooks (line item details) 8t printouts 1,0 Distribute to Departments: Revised budget requests and printouts 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 II II e ~I ~ 11/15//95 D 1ZA FT f{ 1 ~~~ fiscal Year 1996-97 Budget Preparation Ss:hedule Page 2 March 12-15 Departmental budget meetings with County Manager 8t Budget Team (COMMISSIONERS INVITED TO ALL BUDGET MEETINGS) March 18-22 Departmenwl budget meetings with County Manager 8L Budget Team March 25-29 Departmental budget meetings with County Manager 8t Budget Team Early April Work session wi[h Commissioners -staff provides status report receives input April 19 Schools budget to County (by law, not required to submit before May 1 S) April 29 Budget to Commissioners -informally May 6 County Manager presents recommended budget at Commissioners' meeting Recommended budgets (salaries 8L benefits, operating, and capital outlay) distributed to departments for review May 6-13 Budget work sessions - as set by the Board of Commissioners May 20 Public hearing on budge[ (night meeting) June 3 Adopt budget m:\word\toni\sch edu le 1 ~1 Demographic Changes: • Schools • DSS • Department of Aging • Demand for Recreational Facilities Growth: • Schools • EMS • Health • DSS • ..Sheriff (including 911) • Tax . • Elections • ..Inspections ;~ . to Di~cu~s with- the ommissioncrs• _ • Alternative Revenue Sources • Welfare Reform - • Privatization of Child Support Services -DSS • Consolidation -Parks • Consolidation -Planning • Consolidation -Water & Sewer • Capital Improvement Program • What Other Information Helpful During Budget Considerations • Impact of Annexation New Hanover County Schools Fund: • Operating Expenses • 5-year Capital Plan • Increase in Debt Service Expenditures ($1,193,630 due to increased bonded debt) 12 - 7 Page 2 Water and Sewer District: • Consolidate Water and Sewer County-wide (separate W & S Authority or other arrangements) ~• Drainage • Undesignated Portion of 1/2 Cent Sales Tax Allocated for Water and Sewer District? • Growth: * How fast Zvi l l system expand? * Impact on other services such as schools * How to fund ' Environmental Management Fund: • Transfer from General Fund • Tipping Fee • Recycling Facility , ~ Collection System Emergency Telephone System Fund: • 911 Surcharge • Back Up for 91 1 Center (alternate system in new EOC?) ~ "' Fire Service District: • 421 North Fire Protection • Paid Firefighters • Consolidated Fire Service (County-wide) ~ , Realignment of Volunteer Fire Departments 800 Mcgal~crtz System Implementation Cape Fear Community College Funding , ' Southeastern Center for Mental Health Funding proj97 ~ 13 it ~:;: ' Tlris page intettlionaUy !ej! binirk 14 O I~ ~~ REQUEST FOR BOARD ACTION Meeting Date: 12/18/95 Regular Item #: 5 Consent Item #: Additional Item #: Department: Planning Presenter: Wanda Coston Page Count In Agenda Package:.14 Contact: Wanda Coston SUBJECT: Consideration of adoption of project ordinance and related documents for grant award for development of I-40 Business Park. BRIEF SUMMARY: New Hanover County has been awarded a Community Development Block Grant (CDBG)- Economic Development Program in the amount of $750,000 for the Vision Software Project at I-40 Business Park. Application was- approved at the Board meeting on September 18, 1995. RECOMMENDED MOTI.ON AND REQUESTED ACTIONS: Recommend adoption/approval of the following: 1) Project Ordinance; 2) Budget Amendment #96-31; 3) Grant Agreement and agreement between County & Vision Software; 4) Funding Approval; 5) Required Resolution; 6) Signatory Form and Certification; 7) Electronic Transfer of Funds Form; 8) Engineering Contract with Andrew and Kuske. Authorize appropriate official to execute above documents. ~~ L~ I n ~~ FUNDING SOURCE: Federal 5: 750,000 State S: County S: 275,000 User Fees S: Other S: Money Is In Current Budget: No New Appropriation Request: Yes Budget Amendment Prepared: Yes REVIEWED BY: LGL: FIN: BUD: APP CGRIFFIN HR: N/A AMALLETT COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• Recommend approval of motions and actionsl/requested.., ~~,~ Rcrcr to ORcc Vision Bulletin Board for Disposition 1 Bud of A.ixtendxneilt g .--,~.-.--- .~ ~ -.....~....,K,~...,..~.~. ..~...~.~._......~.~. ~..~..,... ,...~,...Y.. r... ,, DEPARTMENT: ~JDGET AMENDMENT# .DATE: I-4~ Business~Park 96-31 12-18-95 ADJUSTMENT: DEBIT: CREDIT: ~- , I-40 Business Park CDBG Grant $ 750,000 Transfer in from Sewer District 275,000 I-40 Business Park Capital Project Expense $1,025,000 Water/Sewer Operating Fund Appropriate Fund Balance~$ 275,000 Water/Sewer Qperatinq Fund Transfer to Sewer Capital Project ~ 275,000 (I-40 Business Park) - • EXPLANATION To establish project budget according to Capital Project Ordinance. ~t~~~® ~! {Lw~..ce~~v OS .nY ~ktr8!~~&~~~ For Budget O((icer's approval: then report to Commissioners at next rcg~lar meeting / and enter in minutes. / To be approved by Commissioners. To be entered itilo minutes. 1 1 1 1 1 1 1 1 1 1 1 1 1 I~ ',1 PROJECT ORDINANCE I-40 BUSINESS PARK BE IT ORDAINED, by the Board of Commissioners of the New Hanover County Water and Sewer District: 1. New Hanover County Water and Sewer District (District) is engaged in the Construction of the Sewer System for I-40 Business Park, which capital project involves the construction and/or acquisition of capital assets. 2. District desires to authorize and budget for said project in a project ordinance adopted pursuant to North Carolina General Statute $159-13.2, such ordinance to authorize all appropriations necessary for the completion of said project. NOW, THEREFORE, WITNESSETH THAT: 1. This project ordinance is adopted pursuant to North Carolina General Statute $159-13.2. 2. The project undertaken pursuant to this ordinance is the Construction of the Sewer System for I-40 Business Park which project is herewith authorized. j I 3. The revenue that will finance said project is: CDBG Grant $ 750,000 Transfer in {from Sewer 275,000 District) Total $1, 025, 000 4. The following appropriations necessary for the project are herewith made from the revenue listed above: Construction $480,000 '~ 7 Contribution to Vision 525,000 Software • Engineering/Design 20,000 Total $l, 025, 000 5. This project ordinance shall be entered in the minutes of .y the Board of Commissioners of the New Hanover County Water and Sewer District. Within five days hereof, copies of this ordinance shall be filed with the finance and budget offices in New Hanover County, and with the Clerk to the Board of Commissioners of the New Hanover County Water and Sewer District. .. Adopted this •day of 1995. 18 NEW HANOVER COUNTY INTER-OFFICE ~MEMO~ :.:~~..~:;.,::~, :~::::.: .:,:::,..;::. ,.......~~ .,...:.. :.. t T0: Board of Commissioners FROM: Wanda B. Coston, Planner /~~`'~ ~ DATE: December G, 1995 RE: Community Development Block Grant (CDBG) Grant Award, Vision Software The County has been awarded $750,000 in the CDBG Economic Development Program Funds category to assist Vision Software, Inc. These funds combined with Century Bank, Vision Software, State, County and other resources will be used to assist with the construction of sewer, roads and a new facility for company expansion. Vision Software will create 50 new jobs with at least 30 or 60% of tfie jobs to benefit low and moderate income persons. Under the CDBG Program regulations and/or County regulations, no grant funds may be obligated or expended until tl~e following Dave been completed, approved, and/or adopted: ~ 1. Project Ordinance 2. Grant Agreement 3. Budget Amendment #9G-31 4. Funding Approvals 5. Electronic Transfer of Funds Form 6. Required Resolution 7. Signatory Form and Certification 8. Engineering contract with Andrews and Kuske Amortization and a e t h d l Vi i ft S I i p ym n sc e u e - s on ware, o nc. must prov de 11 ~~ 19 u Whereas, New Hanover County has been awarded a Community Development Block Grant (CDBG) in the amount of $750,000 from the North Carolina Department of Commerce, Commerce Finance Center; Whereas, the Board of Commissioners of New Hanover County has authorized the Deputy Manager, Assistant Manager, Finance Director, and Planning Director to sign the Requisition for Funds and has designated the Clerk to the Board to certify the signatures of the above-mentioned persons. •`Whcrc:~s; the Board of Commissioners has designated the Director of Finance on behalFof New Hanover County to hereby authorize i}ie North Carolina State Treasurer, his successors and his agents at the direction of the North Carolina Department of Commerce to initiate ACH credit entries to WachoviaBank and' account for payments due from the Department of Commerce for t}ie I-40 Business Park (Vision Software, Inc.) pursuant to t}ie "Established Operational Procedures for State Treasurer's Electronic Pay-nent System". ' Now Tliercforc Bc It Resolved, New Hanover County shall implement the I-40 Business Park (Vision Software, Ii~c.) in accordance with the North Carolina Community Development Block Grant administrative rules, County regulations, applicable laws, and all other requirements of the Department of Commerce now or hereafter in effect. Adopted this 18th day of December, 1995. "~ Robert G. Greer, Chairman Attest: Clerk to the Board 20 New Hanover County Contract # 96 - 0173 ' (95-ED-0179). NORTH CAROLINA DEPARTMENT OF COMMERCE GRANT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ECONOMIC DEVELOPMENT Project Name Vision Software, Inc. Upon execution of this grant agreement, the North Carolina Department of Commerce (DOC) agrees to provide to the recipient the Community Development Block Grant assistance under Title I of the Housing and Community Development Act of 1974, as amended (P.L. 93- 383) authorized by the DOC funding approval, the North Carolina Community Development Block Grant administrative rules, applicable laws and all other requirements of DOC now or hereafter in effect. The grant agreement is effective on the date the grant agreement and funding •approval are signed by the recipient. The grant agreement consists of the approved application, including the certifications, maps, schedules and their submissions in 'the application, any subsequent amendments to the approved application and funding approval and the following general terms and conditions: 1. Definitions. Except to the extent modified or supplemented by the agreement, any term defined in the North Carolina Community Development Block Grant Administrative Rules, 4 rICAC 1 K shall have the same meaning when used herein. (a ) Agreement means this grant agree,~nent, as described above, and any amendments or supplements thereto. (b) Recipient means the entity designated as a recipient for grant assistance in the grant agreement and funding approval. ,~ (c) Certifications mean the certifications submitted with the grant application. (d) Assistance provided under this agreement means the grant funds provided under this agreement: (e) Program means the community development program, project, or other activities, including the administration thereof, for which assistance is being provided under this agreement. it 21 1 New Hanover County Contract #96- 0173 (95-ED-0179) .- (f) Private entity means the corporation, partnership, proprietorship or other entity which has .entered into a equally binding commitment with the recipient to create and/or retain jobs as part of this program. 2. Obligations of the Recipient. The recipient shall perform the program as specified in the application approved by DOC. The recipient shall also comply with all other lawful requirements of D'-;C, all applicable requirements of the General Statutes of the. State of North Carolina and any other applicable laws and Executive Orders currently or hereafter in force. The recipient shall be responsible for ensuring that all project jobs are created or retained in accordance with the approved CDBG application, that such jobs are filled by low and moderate income persons in the proportion presented in the application, and that all-.parties incur the full level ;of private investment committed to in the application. In the event of a finding by the recipient or by DOC, that a participating private entity has failed to fulfill its responsibilities under the project application and legally binding commitment(s), including the responsibilities to create and/or, retain jobs and•invest.private.funds,, the recipient shall promptly exercise its rights and remedies to require repayment of CDBG funds, or to assess such other penalty as ,provided by the ,legally binding commitment and .applicable state laws. , 3. Obligations of Recipient with respect to Certain Third Party Relationships. DOC shall hold the recipient responsible for complying with the provisions: of this agreement even when the recipient designates a third party or parties to undertake all or any part of:the program.,. The recipient shall comply with all lawful requirements of DOC necessary to insure that the program is carried out in accordance with the recipient's application. 4. Conflict of Interst. None of the following or their immediate family members, during the tenure of the subject person or for one year thereafter, shall have any direct or indirect financial interest in any contract, subcontract or~the proceeds thereof for work to be performed in connection with the program assisted under this. agreement: employees or agents of the recipient who exercise any function or responsibility with respect to the program, and officials of the recipient, including members of the governing body. The same prohibition shall be incorporated in all such contracts or subcontracts. The assistance provided under this agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining DOC approval~of the application for such .assistance, or DOC 22 2 • '. . New Hanover County Contract # 96 - 0173 ( 95-ID--0179 ) approval of applications for additional assistance, or any other approval or concurrence of DOC required under this agreement, or the North Carolina Community Development Block Grant Administrative Rules, with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. 5. Reimbursement to DOC for Improper_Expenditures. The recipient will reimburse DOC for any amount of. grant assistance improperly expended. In addition, in the event of a finding by the recipient or by DOC that a participating private entity has failed to fulfill its responsibilities under the project application and legally binding commitment(s), including its responsibilities to create and/or retain jobs and invest private funds, the recipient shall pay to DOC any amount which it is able to collect under the terms of the legally binding commitment(s) and Section•2 of this Agreement. • 6. Access to Records. The recipient shall provide any duly authorized representative of DOC, HUD and the Comptroller General at all reasonable times access to and the .right to inspect, copy, monitor, and examine all of the books, papers, records, and other documents relating to the grant for a period of three years following the completion of all closeout procedures. Upon execution of this agreement by DOC and the recipient in the spaces below, the recipient hereby accepts the assistance on the terms of this grant agreement, effective on the .date indicated below, and further certifies that the official signing below has .been duly authorized by the recipient's governing body to execute this grant agreement. ® 7. Payment of Income Generated by the Grant. The recipient shall have the responsibility to collect and pay to DOC certain income generated by the CDBG and earned by the recipient. Such income includes but is not limited to the following: (1) payment of principal and interest on loans made using CDBG funds; (2) proceeds from the lease or disposition of real property acquired with CDBG funds; (3) any late fees associated with loan or lease 1 '~ 23 • New Hanover County Contract # 96 - 0173 (95-ED-0179) payments in (1) and (2) above; (4) sale of utility lines; and (5) interest .`earned on the income in this `part pending disposition of such'.income. Payments of income included in this part shall be made to DOC within five days of receipt of same~by the recipient. _~ ' Secretary of Department of Commerce Date: /l/2f•~9S By: u. !~.c~ -~ Bruce• Strickland,~J= Director Commerce Finance Center • Date : . ' Name of Recipient By: '. ~ Signature of Authorized Official -' ("~ (Title) . ,.. • _ _ . _, 24~ 4 1 i 1 1 i 1 1 1 1 II III 1 NORTH CAROLINA DEPARTMENT OF COMMERCE FUNDING APPROVAL Small Cities Community Development Blak Grant Program 1. NAb1E AND ADDRESS OF RECIPIENT: The Honorable Robert Grccr Chairman Ncw Hanover Cty. Board of Comm. 320 Chestnut Strcet, Room 403 Wilmington, Noith Carolina 28401 2. ECD GRANT NO: CDBG 95-E-0179 (~ ORIGINAL 11/22/95 ( )AMENDMENT date 3. APPROVED PROJECTS: ECD Project Number Project Namc Approved Amount CDBG 95-E-0179 Vision Software, Inc. S 750,000.00 Total CDBG Funds Approved S 750.000.00 4. ENVIRONMENTAL CONDITIONS: None Vision Software, Inc. S. ADDITIONAL CONDITIONS: 1. The Grant Agreement is accepted as offered, or amended, and returned to Commerce Finance Center (CFC); 2. The Funding Approval form is approved by the County and returned; 3. Two Signatory forms arc completed and returned; 4. A State Electronic Payments System form is completed and returned; 5. CDBG funds for a loan in participation with Century Bank will be subject to concurrence between all panics involved and CFC as to the terms and conditions of a final Loan Participation Agreement; and 6. An amortization and payment schedule will be provided to CFC. G. DOC OFFICIAL SIGNATURE OFFICIALI, Bruce Strickland, Jr. Director, Commerce Finance Center Date: 11/28/95 7. SIGNATURE OF AUTII. LOCAL Name: Title: _ Date: 25 STATE OF NORTH CAROLINA STATE TTLEASURER'S )/LEGTRONIC PAYT`tENTS ,SYSTEM (S'T'EPS) STEPS-OUT EFT AUTHORIZATION FORM _ State Agency Nome: "nRTH CLpOi IY' nt:ceuTNF~T pF {'n*MFoCP PrngramName~----Ct')` t TT -rt ^t _ t ~------ `-- -- ----- Chetk'One: Initial Signup Change .PARTICIPATING ENTITY 1NFORJ~{ATION In a: Entity Nntue: Entity Addttiss: t~,,;a„~e•ny Sutc Agency) FINANCIAL INST1TU110N ACCT'. INFO.: ]nstitutinn Name: - Institution Address: Transit/Routing /f: _ _ _ _.. _ _, _ __ (Nine D;=;W . Ba~13: or NCC1v1T Acct 1! (1ncluJe any InJing zeros) Type of Acct: Choking _ Savings NCChIT (Check Onc) OLD FINANCIAL 1NSTI'I'UTION ACCT. 1NF0.: (Compktc Only if a Change) Institution Name: .. . Transit/Routirg f(: __,_ ACCT. A': PARTICIPATING ENTITY AUTHORIZATION: i, on behal f of the participating entity indicated above, herehy-tudhorize the North Carolina SlateTreasurer, his successors and his agents, at the directive of the State agency indicated abo~'e, to initiate ACH credit entries to the above dasibrtaletf ba~tk and/or NCCM'I' account for payments due from the State agency forthe referenced program name, pursuant to the 'Established Operations( Procedurts For Stele Treasurer's Electronic Payments System,' which may be in effect from time to limo. 1(we) also authorize any neerssnry ACT( debit cnlri« nr adjuslmenls fvr any ACH credit entries made in error to Ilia accnunt. Tcl: Finance Officer's Name: __ .. Date: $ignalurc: ~ ~. . titA1L r_OMPLETED FORM TO: • CA904YN CANt\AQY JIVIStU`I Ur C citiili\ITY ASSIST?.!rC.'E PO G~X 12hUU F!+.I_EICH . A'OR'1'%i CAFOLT_NA • 27605-2600 State Agency Use Only: I Stale Tres. Uae Only: CDBG Grant No. SIGNATORY FORM AND CERTIFICATION Recipient Name Address • Signatures of Individuals authorized to sign Requisitions for CDBG Funds forms. (Two signatures required on such regulation.) (Signature) (Typed Name) (Typed Title) (Signature) ! (Typed Name) (Typed Title) (Signature) (Typed Name) (Typed Title) (Signature) (Typed Name) (Typed Title) CERTIFICATION 1. ( ) I certify that the signatures above are of the individuals authorized to sign Requisition for CDBG Funds form for the above recipient. ' Certifying Olficia(8 Title 2. ( )The governing board has passed a resolution authorizing the persons above to sign Requisition for CDBG Funds forms for the above recipient. A copy of the resolution is attached. I certify that the signatures above are those of the individuals authorized by resolution of the governing board of the recipient to sign Requisition for CDBG Funds forms. CDBG Ii101 (9/86) Certifying Official 8 Title i 1 1~ 1 ~ ~ • 1 1 • 1 r - 27 f ~:. .. 5 .~6 .~. a r~ ~, _ .~... ~~ ~~ ,;~ i ~~ .~ ., 7 ~ ~ ~ / ,. ~ ~ ,,, i ~,~ a ~ ..• s Rp, / / 3~* ~~~~~ \ ~ ~ ~O ' ,. J M y SM a a~, \\ _ i , S ~j. / / q // "/ '~/ ~ 4 ~ LIRVILL^ /^ / e 33 d ~~~9 . ~ !C<BOARO T'BTfN // b (. r u / / 1 t 2 t ~~ ~ i wr •- yT ~~ ~' ~ ~ tlx ~ ! w. a.F YS m I/ .7i, ,OE RO wE.1fR Y 5 ~.o~~Fa vi~pR tY / i O ~ ~V,-T F c~ ///^C O• ` ~ / V ~ ~ Ii:LMt I-VIRC T Q 3 5-.04NAA T ~ .4RROE.Y p~,f.:E R I p. ~ ~O•W it / o- u.Tn.i avi ,.v n.c n .o +-gnu er Q^.Y lT ~ ~I' n }} p / ~ Z ~I„p~ 'CC n £ Oq ( / ~ ~ ~ BROORpaI ~O !' ~ / ~ / ~~, wvFq ~ WU C ^ ~ j // / . ~t w s ~ Sc,vpEiJa~ / OH ~~ 2 ~ N~ p ~Y4 H111- 9 ~ ° `~ / ~ / RS OR. Q y0 /~ ,~ q ~ o ~~ii pdgM !" cps e ~ $ F~F % R. ~ O {1 P43TlIRE M li ~ ~I2 e Oq IN~f40E RO. - EH - -"_ £ Y V ~^y ~. ~~ - ~ ¢ ~ g o pa. i .. ... .. .., o ~~, p pip ~.- - a., .:.., ..~ __. - "-' . ~~ P R ~ O PROPOSED LOCATION._OF. ,.THE e°,~ I-40 INDUSTRIAL PARK FO,R -.. ~ )~" 4 a ~ .RR^""', ~~~' VISION SOFTWARE, INC. 2 ~ p.p~ .a b ~ _ nEN~ k Ro > l x p ~~0.'.~u ~ G 4. i ".a Il .Map-Not-To-Scale ,~ „~~R ~ ~~ 12-07-95 ~ w ~' :~^ ~ C g Y 9 .,,.~~ .R~~ ~~ 3 I . ~~._ a..~ ~. REQUEST FOR BOARD ACTION ~. Meeting Date: 12/18/95 1 i~ it u Regular Item #: 6 Consent Item #: Additional Item #: Department: Health ~ Presenter: Bob Parker 'age Count In Agenda Package: 3 Contact: Bob Parker SUBJECT: Consideration of request to change the Animal Control License Fee (Privilege Tax) to Animal Control Administrative Fee BRIEF SUMMARY: At the November 1995 Board of Health (BOH) meeting, the BOH voted to endorse a request to change the Animal Control License Fee (Privilege Tax) to Animal Control Administrative Fee, to present this request to the New Hanover County Commissioners, and to introduce the request as a bill in the North Carolina General Assembly. Attachment I (BOH minutes -November 1995) Attachment II Draft (An Act Authorizing An Animal Registration in New Hanover County). RECOMMENDED MOTION AND REQUESTED ACTIONS• Commissioners to approve changing Animal Control License Fee to Animal Control Administrative Fee and to have the change introduced as a bill in the North Carolina General Assembly by a local representative. Federal S: 0 State S: 0 County S: 0 User Fees S: 0 Other S: Money Is In Current Budget: New Appropriation Request: 3udget Amendment Prepared: FUNDING SOURCE: REVIEWED BY: " LGL: APP WCOPLEY ~ FIN: BUD: N/A CGRIFFI~ HR: N/A AMALLETT " c:UUNTY MANAGER'S COMMENTS AND COMMENDATIONS: Concur with recommended motion. " -~ ,~~~~ • ~ ~ 1y6p,6D -'~`Y- Rekr to Oflicc Vision Bullctin IIoard ror Disposition ATTACI~fENT I CARRIED. - - - MOTION: Dr. Paul moved for the Board of Health to adopt the amended New Hanover County Board of Health Rules Governing Tattooing Establishments in New Hanover County, North Carolina effective November 8, 1995. Upon vote, the MOTION CARRIED. (Attachment #1 incorporated as a part of these minutes:) New Business: Animal Control License Fee (Taxi Mr. Parker, Health Director, presented a proposal to the Board. of Health to enact U legislation iri the North Carolina General Assembly to allow New Hanover County Animal Control Services to collect an administrative license fee for pets. The present license fee is an annual county levied privilege tax mandated by the State General Assembly. Mr. Parker informed the Board that this request should go first to the, New Hanover County Commissioners for their consideration and then should be introduced as a bill in the North {~ Carolina General Assembly by a local representative. Mr. Parker illustrated if the animal LJ control privilege tax is changed to an administrative fee, pet owners could pay their license fees every three years which would coincide with the three-year rabies vaccine. ~~ MOTION: Dr. Paul moved for the Board of Health to endorse a request to change the Animal Control License Fee (Privilege Tax) to an Animal Control Administrative Fee, to present this request to the New Hanover County Commissioners, and to introduce the request as a bill in the North Carolina General Assembly. Upon vote, the MOTION CARRIED. Animal Control Usage of Social Security Numbers Mr. Coble reiterated that Social Security Numbers should not be used for Animal Control License identification. MOTION: Mr. Coble moved for Animal Control Services not to use pet owners' Social Security Numbers on any records. Upon vote, the MOTION CARRIED. Medical Occupation Class, Hoggard High School On behalf of the Board of Health, Dr. Jackson welcomed students from the Medical Occupation Class, Hoggard High School, attending the Board of Health meeting as part of their orientation to Public Health. Nominating Committee Appointment - Dr. Dennis Jackson, Dr. Jackson announced that Dr. Macris, Chairman; has appointed the following Board ~mbers to the Nominating Committee for the selection of nominees for the 1996 6 • nTrnct~rrr zi GENERAL ASSEMBLY OF NORTH CAROLINA 1996 SESSION AN ACT AUTHORIZING AN ANIMAL REGISTRATION FEE IN NEW HANOVER The General Assembly of North Carolina enacts: DRAFT Section 1. In lieu of the animal tax set forth in G.S. Section 153A-153, New Hanover County may charge an animal registration fee for the privilege of keeping dogs and other pets and animals within the County. Section 2. The animal registration fee may be imposed on an annual or multi-year basis, at the discretion of the New Hanover Board of County Commissioners. Section 3. 'The act shall become effective July 1, 1996. I~ ~~ I~ 31 This page inteirtiorrally'lejt binrrk 32 1 1 REQUEST FOR BOARD ACTION Meeting Date: 12/18/95 Regular Item #: 7 Consent Item #: Additional Item #: Department: MIS Presenter: Bill Clontz Page Count In Agenda Package: 13 Contact: Bill Clontz SUBJECT: Consideration of request to upgrade the telephone systems in Administration and DSS Buildings BRIEF SUMMARY: Over the past year we have been experiencing "telephone overload" on the systems handling the Administration and DSS Buildings. On the Central Office trunk lines (local outgoing calls) and our DID trunk lines (Incoming calls), surveys by our telephone companies show we are over capacity all hours of the day except for the lunch hour and the 5 PM hour. The figures show as many as 30 percent of incoming calls to the Administration Building do not get through during some hours of the day. As many as 67 percent of outgoing calls cannot be handled during peak hours at DSS. The proposed upgrade will solve the imrriediate problem. In addition, it will be a system that will have upgrade ability with less cost involved than this system conversion. The cost for upgrading both systems is approximately $290,000. We anticipate using installment financing for the purchase. The cost this fiscal year will be only around $33,000. RECOMMENDED MOTION AND REQUESTED ACTIONS• Request permission to prepare bid specifications for new phone systems for the Administration and DSS Buildings. After advertising and review of the bids, the awarding of the contracts will be presented to the Commissioners for final approval. FUNDING SOURCE: Federal S: State S: County S: 33,000 User Fees S: Other S: Money Is In Current Budget: Yes New Appropriation Request: No Budget Amendment Prepared: No REVIEWED BY: LGL: APP WCOPLEY FIN:. BUD: APP CGRIFFtN HR: N/A AMALLETT COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Request Commissioners to authorize advertisement for new telephone systems for the Administration and DSS Buildings. Cost per year n an annual basis will .be approximately $67,000 over the financing period of five years. ~ ~ 33 Rcfcr to Oflicc Vision bulletin Board for Disposition ~'-+ Q~ ~, ~'!~ U '^ l A 1... ~• r---~ ', VJ .. ~.,.. ` F S ~ e t t e A 1 1 1 1 e t e r t e s Telephone Traffic Analysis for: • Administration • Social Services • Health Department. The period studied was the week of October 2, 1995 through October 6. 1995. The analysis was done by trunk line type as follows: Central Office Trunk Lines These circuits arc used for local outgoing calls (dial 9). DID Trunk Lines Direct Inward Dial circuits are carry incomi~ig calls. Essex Trunk Lines Essex Tie Lime circuits cant' 4 digit dialing calls to other county locations and access to the North Carolina State long distance network (dial 3). Carolina Telcpl~one Company analyzed tl~c traffic froi~i data obtained from the Rolm CBX Switch units at these locations. Southern Bell analyzed data obtained from their Central Office Switch location. Both companies used standard telephone industry statistical methods to project the trunk lines requirements. The two individual studies produced very similar results. The attached data tables and charts show tl~e summary results of the studies. 35 Administration Traffic Data Central Office Trunk lines Mon. Tues. Wed. 8:00 9:00 10:00 11:00 12 00 1:00 2:00 3:00 4:00 5:00 Thur. Fri. : ~Current.• -Plan _ 16 15 16 13 15 • • 16 ~ .,, 24 17 16 15 16 17 ; 16 24 ~ . . 15 17 15 15 14 16~ .`24°. 17 17 15 16 14 16 ,. 24 14 14 13 14 12 ~ 16 ~ ~ 24~ 15 14 16 15 13 16 .: ~ 24 . ~17 17 ~ 18 15 . 14 ~ 16 ~ • 24• 17 15 18 17 14 16 24 . •. 16 15 13 ` ' 1'6 ' i 5 7 6 " ° ~ 24 10 9 10 10 8 ~ 16 ~,` ; 24 • Required Capacity DID Trunk Lines Mon. 8:00 9:00 10:00 11:00 12:00 1:00 2:00 3:00 4:00 5:00 Tues. Wed. Thur. Fri. Current. Plan 22 22 21 22 22 16 : • • 24 .-.' 20 19 21 19 .. ~ 20.. =16 : ~ ' 29 19 21 17 20 17 16 ~ ' ~ 24 ~'<~ 20 17 16 16 17 : ~ 16 ` 24 ' 11 11 14 14 15 ~ 16 `- • 24 • 14 14 16 13 14 16 . 24 ' • 16.:_ 17 -.-; ~ ~. 19 ~ `...19: 116' .•. 16 •. - 24. . 18 , 19. 16 19' 17~ 16; ~'~ .~24 ,.. 15 16 14 15 12 ~` 16' 24' 6 . 4 . 5 5. 6 16 . 24.. - Required Capacity • '• ~ y ESSEX TrunkLines Mon. Tues. Wed. Thur. Fri. , Current:. ..Plan : ~> 8:00 9:00 10:00 11:00 12:00 1:00 2:00 3:00 4: DO 5:00 7 7 7 5 3 .8 •8 `:.•. 9 6 6 5 6 •:8~ ~• .•':8~ 6 6 7 3 7 • 8~~ ~• 8 4 4 5 5 5 8 ~ 8 6 6 5 6 4 - 8' ~ 8 6 6 9 6 5 8 8• 6 9 5 6 5 8`•• 8 •.~ 6 6 6 4 5 8..' ~ 8 "` Required Capacity.. ~: 36 10/2/95 - 10/6/95 t 1 t i e e r a Administration Traffic Data Central Office Trunk lines i5 a---~e--~--~-=e•--a---e--n---~---e 20 O Mon. 15 - - -•O-- - --O OTues. Wed. 10 C~Thur. O Fri. 5 - - O - -Current 0 ~ ~ ; ~ ~ ~ -•~---Plan O O O O O O O p O O O Q1 O N ~ N !'I Q ~ DID Trunk Lines Zs ~---e -~---~--e•--e---~--~---~---a 20 O Mon. 15 -O - - - - .O ~ OTues. U Wed. 10 O Thur. ~ Fri. 5 - A- - Planent 0 y , ~ ~ , i ~ °o °o °o 0 0 0 0 °o °o °o ESSEX Trunk Lines 9 8 O-•---0- p-- -~- -t1-- .~... - ...0.....~ 7 li O Mon. -~ Tues. 5 O Wed. 4 OThur. 3 2 D Fri. n - -O- -Current 1 ~ljl - -~-- -Plan o° °o, °o o °o o °o o° ,°o o° c0 Qf O N .- ~ N h ~f N 10/2/95 - 10/6/95 37 DS:S Traffics Data Central Office Trunk Lines . • _.~ _. .. Mon. Tues. Wed. Thur. Fri. Current Plan- • 8:00 9:00 10:00 11:00 12:00 1:00 2:00 3:00 4:00 5:00 15 12 12 13 - 11 ~ 16} X24 21 19 16 17 19 16 .. 24 • 19 19 18 19 21 16 ~ • . 24 20 19 19 25 19 - 16. ~ ~ 24 •'' • 16 1.4 12 ~ 15 15 '.16 ~24 15 13 15 14' 13 •' 1'i6 24 • 17 16 18 16 17 •'16: ••24 " 21 20 . .. 20 19' , . :. 19. 16 .• ~• :~;' • 24 ~: ~.. 17 16 19. 18 16; : i6. ...,.24„•. . 4 8 9 ~~ 20 16 16:• ~ ~•. 24 . Required Capacity DID Trunk Lines . Mon. Tues. Wed. Thur. Fri. ,Current. Plan , 8:00 9:00 10:00 11:00 12:00 1:00 2:00 3:00 4:00 5:00 20 .20 19 17 18 24 ~.30 • 27 24 24 25 25 ~ 24 30 25 22 ; ~ 24-~ 25 25 24 ~ 30~` 26 20 23 . 21 26 . •' 24 , ~. . 30 ~, 21 16 21, . 17 , Y9 ,24 ;.•; . 30 - 20 19 ., 23 17 21 24 30 ~ 22 23 27 • 24 23 . 24 `:; ~ •,; 30 27 25. 30 ~ 25 ; ` 25~ 24 • • • ~ 30• . ` 23 26 25 •26 ~ • •23 24 30 ~~ 6 8 10 10. 10 24 30 Required ~ ~ "" Capacity ESSEX Trunk Lines _,' J._ .. Mon. Tues. Wed. Thur. Fri. .Current ••. ;Plan . ,. 8:00 9:00 10:00 11:00 12:00 1:00 2:00 3:00 4:00 5:00 4 4 4 6 ~~ 4 .8~ .:"8 6 6_ .5 6 7 t ..g .•~•~ :: g ~~: 7 6 5 ~' 7 8 8. 8; 6 7 ~.' ~; 7 6., ,. .8,. ...' 8 . ; . 6 8 7 5 .7 8 •.8' 1 5 3 3 ~ 2 #•• ~g t g:. . Required ~ • Capacity : ~• ~~' 5 .f • 38 ~. ...... ..._ . _ _ _ 10/2/95 - 1076/95 ' t 1 1 1 1 1 1 1 1 A i 1 1 t 1 i DSS Traffic Data Central Office Trunk lines zs e---a--~-- -e. ..~--e--e---e-•-e 20 l= 7Mon. 15 O- - O- -O-- - - OTues. O Wed. 10 OThur. D Fri. 5 1 - -O- -Current j --e--Plan 0 a ~ - ~ i ~ i °o o °0 0 0° o o° °0 0 0 [O Qf O N ~ N 1'1 Q ~ DID Trunk Lines so e-•-e--e-•-e•-e••-e---e-- --e-•-e 25 O . . O _ .. _ 0 O Mon. 20 j G~]Tues. 15 ~ ~7 Wed. O Thur. 10 O Fri. 5 l - -O- -Current 0 . ~ ~ i - -e- • Plan °o °o o° o° °o o °o o° o o° 00 Q1 O ^ ^ ~ N h V N ESSEX Trunk Lines 8 Q-----4 - - fl - A - . . ~..- ....fl 7 Ei 1.=7Mon. 5 C=:]Tues. 4 O Wed. 3 O Thur. 2 .~ O Fri. 1 ~ - - O- -Current = ~-- -Plan 0, ~ + T ~ o °o °0 0 0 0 °o °0 0 0° ~ Q1 O N ~ N f7 Q N 10/2/95 -- 10/6/95 39 Health Dept. Traffic Data Central Office Trunk lines Mon. Tues. Wed. Thur. Fri. Current- : ~ • Plan. 8:00 9:00 10:00 11:00 12:00 1:00 2:00 3:00 4:00 5:00 10 10 . 10 6 7 ~• • 16 . •24• 11 10 8 10 9 '16~. 24 11 10 9 9 9 16• 24 9 9 8 10 9 16 •24 6 8 8 8 9. 16 24 10 8 9 9 9 16 24 10 10 11 8 8 .16 •. ' 24 11 12 11 10 • 10 16 24 11 11 12 11 8 16~ 24~ 7 5 5 6 5 •. 16 24• Required Capacity DID Trunk Lines Mon. Tues. Wed. Thur. 8:00 9:00 10:00 11:00 12:00 1:00 2:00 3:00 4:00 5:00 Fri. Current Plan' 13 12 12 13 11 16 24" 14 12 14 12 13 16 24 15 14 13 13 12 16 • 24 14 13 14 12 11 •` 16 24 11 10 10 11 12 •16' - 24 13 11 12 11 12 ~ ~ 16' 24 14 13 14 11 11 ~ 16 24 15 13 14 12 19 16 • 24' 13 13 13 13 12 16 . 24 9 8 8 8 8 16 24 Required Capacity . ESSEX Trunk Lines Mon. Tues. Wed. Thur. 8:00 9:00 10:00 11:00 12:00 1:00 2:00 3:00 4: 00 5:00 Fri. Current ~ Plan 3 4 4 4 0 ... 8 :• -• •: 8 :. 3 3 - 5 3• 4• • 8 ~•••'8 4 3 4 4 5 8 ~ 8~.:~ 2 4 3 4 2 8 8 '' 4 4 5 3 •3 8. 8. 4 4 3 4 5~ 8 '8 4 4 4 3 ~ 5~ 8 8 Required ~ Capacity: 40 10/2/95 - 10/6/95 f 1 1 1 f 1 y t 1 1 i i r t t r A f Health Dept. Traffic Data Central Office Trunk lines is ~--.-~--~---~--e---~---~--~•--e---,e zo t~ Mon. 15 O--O---O--O---O--O---O--O•--O--O ~-Tues. D~ Wed. ~~ ~ l~Thur. ' C~ Fri. 5j - - O- -Current - •A- -Plan 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ Q/ O N -- N O V h DID Trunk Lines i5 ~---n--~---~--e--•n---e--~---e~---e 20 l=~ Mon. 15 O--O---O--O•--O--O•--O--0~--0-" O' l~]Tues. D~ Wed. ~~ i C~Thur. ~ G~ Fri. 5 - - - O - -Current ~ j - •~-- -Plan ~, ~ i ; ~ i o° °o o° °0 0 0 0 °o o °o O O ^O ..- ^ '- N n V IA ESSEX Trunk Lines 8 Q-----4 - Q- - ~--n _...Q- - -4- Q-....Q.._-Q 7 6 l'rD Mon. 5 t~Tues. 4 O-]Wed. 3 l~ Thur. y t~ Fri. ~ - - O- -Current - ec- -Plan 00 °o °o 0 0 0 0 00 °0 00 c0 Qf O N .- N C7 iT Ifj 10/2/95 -- 10/6/95 41 N m - Z .o .o . ~ ~ . m cri ~ O ~ ~ a _ o ~ o ~ 'V Q~ ,. _ , O . ` , ~ , ' .. ~- N ~. ~ - . ~ :O ~ .N x W - v n ~ ~ Z ..j cv~ n ~ Q] ~ w w ~n _ ~ i O . . W ~ T- .C cD 't7 ~ " , .. o a~ u, a~ov ~ ~ ~ o _°'~ .. ~ m. W. Z . Q a ~ T .L L Q. -, _. ~ ~ Z . N N . _. C ` _ - O U ..N ' ~ ~ ~ W ~ c0 Z , v~ - ~ v ~ UO .-- 'co u> cfl ~ ~ o m ~ LLI O o L U ~Lv o ~ ~' v ~ ~.oo . ~ ,, cLo 00 .~. •- cri ~ _ O O ~ ~ a~ ' ~~,~ . rn ~ ._ ~E ~~O~~~O~~~ 42 . Q t a Payments this Year ' 32,000 '' ~;I ' Y /y/ii%'.,.,{'./,/iyr~~.u.'liiw.+s~x:it /lc.G :2/ .Gs>:tiucmrY h s /~•< ~:i 7 / ./r,r.~ .. < ,~;;,iy )~ ...: ~....., r: ,:..... .. _ .Z :~ :. 11/20/1995 Page 1 Telephone. System Upgrade Compound.Peciod ........: Monthly Nominal Annual Rate ....: 6.000 Effective Annual Rate ...: 6.168 Periodic Rate ..................: 0.5000 Daily Rate ........................: 0.01644 % ~~ CASH FLOW DATA Event Start Date Amount Number Period End Date 1 Loan 02/01/1996 276,663.00 1 2 Payment 02/01./1996 15,886.88 20 Quarterly 11/01/2000 AMORTIZATION SCHEDULE -Normal Amortization Date Loan 02/01/1996 1 D2/01 /1996 2 05/01/1996 3 08/01 /1996 4 "11/01/1996 1996 Totals 5 02/01/1997 6 05/0.1 /1997 7 08/01 /1997 8 11 /01 /1997 1997 Totals Payment 15,886.88 15,886.88 15,886.88 15,886.88 63,547.52 ..15,886.88 15,886.88 15,886.88 .15,886.88 63,547.52 Interest 0.00 .3,931.23 3,751.00 3,568.05 11,250.28 3,382.34 3,193.83 3,002.49 .2,808.25 12,386.91 2,611.09 2,410:96 2,207.80 2,001..59 9,231.44 1,792.27. 1,579.79 .1,364.11 '1,145.18 5,881.35 Principal 15,886.88 11,955.65 12,135.88- 12,318.83 52,297.24 Balance 276,663.00 260,776.12 248,820.47 236;6.84.59 224,365.76 9 02/01 /1998 10 05/01 /1998 11 08/01 /1998 12 11 /01 /1998 1998 ~ Totals 13 02/01 /1999 14' 05/01/1999 15 08/01 /1999 ' 16 11 /01 /1999 1999 Totals 17 02/01 /2000 18 05/01/2000 19 08/01 /2000 20 1 /01"/2000 2000 ~~ Grand Totals 15,886.88 15,886.88 15,886.88 15,886.88 63,547.52 15,886.88 15,886.88 15,886.88 15,886.88 63,547.52 15,886.88 15,886.88 15,886.88 15,886.88. 63,547.52 317,737.60 12,504.54 12,693.05 12,884.39 13,078.63 51,160.61 13,275.79 13,475.92 13,679.08 13,885.29 54,316.08 14;094.61 14,307.09 14,522.77 14,741.70 57,666.17 922.94 14,963.94 697.36 15,189;52 468.38 15,418.50 :235.94 ` ~ 15,650.94 2,324.62 61;222:90. 41,074.60 276,663.00 211,861.22 199,168.17 186,283.78 173,205.15 159,929..36 146,453.'44 132,774.36 118,889.07 104,794:46 ; 90,'487:37 75,964.60 61,222.90 46,258.96 31,069.44 .15,650.94 0.00 i From: WMORRIS --NHVMESA2 Date and time 11/20/95 13:42:45 To: BCLONTZ --NHVMESA2 '~ * * * sen Re ding note of 10/18/95 09:03 _ From: WAYNE MORRIS, DIRECTOR OF SOCIAL EXTENSION: 4755 FAX: 4747 INTER-OFFICE MEMORANDUM Subject: TELEPHONE TRAVAILS CONTINUE ~To: BCLONTZ --NHVMESA2 ;~, AONEAL --NHVMESA2 SERVICES AATKINSO--NHVMESA2 From: WAYNE MORRIS, DIRECTOR OF SOCIAL SERVICES EXTENSION: 4755 FAX: 4747 -- INTER-OFFICE MEMORANDUM Subject: TELEPHONE TRAVAILS CONTINUE You may have already heard about my adventure yesterday afternoon. In case you haven't, I'm sending this message. I attended Short Term case you haven't, I'm sending this message. I attended Short Term ,.Solutions Committee in Raleigh. On my way back to Wilmington, I attempted to call Anne Marie on the cellular (bag) phone. I got a busy signal. For nearly an-hour, I attempted to call Anne Marie's number, my number, the main console number and. several of our management staff only to get a busy signal. About 4 p.m., I stopped at the rest stop at Warsaw ~~-and tried to get through on the pay phone with the same results. ,Finally, I called Debbie in Andy's office. I got through to her. She _.'faxed Anne Marie a message to call me on the cellular. James dealt with the phone folks and the only answer he could find was that it was a combination of our lines and Southern Bell's lines being overloaded. ,Thought you would like to know. ~~ ~ 45 b This pnge irrtentiarnlly left 'blank 46 i t 1 ', ., ,~r t 0 1 4 REQUEST FOR BOARD ACTION Meeting .Date: 12/18/95 regular Item #: 8 Consent Item #: Additional Item #: department: Human Relations Presenter: Bessie Funderburg 'age Count In Agenda Package: 2 Contact: Anthony Wade SUBJECT: First Reading; Approval of amendment to New Hanover County Ordinance, ,Section 6.5-11(c)(1) for Human Relations Commission BRIEF SUMMARY: The New Hanover Human Relations Commission would like to include the Ministerial Alliance and Ministerial Association in its representation on its board. RECOMMENDED MOTION AND REQUESTED ACTIONS• We would like for the Board of County Commissioners to approve this revision. FUNDING SOURCE: =ederal S: State $: County S: User Fees S: Other S: Money Is In Current Budget: New Appropriation Request: 3udget Amendment Prepared: REVIEWED BY: _GL: APP WCOPLEY FIN: N/A BSHELL BUD: N/A CGRIFFIN HR ~/A AMALLETT COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval of amendme the Ordinance. If the first reading is not unanimous, a second reading will be required ~ {' v { 7 ~ ~ ~~ E `4. _ : 47 Rcfer to Office Vision Bullctin Board Cor Disposition AN ORDINANCE • ~ OF THE - - ~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS The Boazd of Commissioners of New Hanover County, North Cazolina, does hereby ordain:'- that Chapter 6.5, Discrimination, Article II, Bylaws, Section 6.5-11(c)(1), Membership, Agency Representation, New Hanover County Code, is hereby amended as follows: Amend Section 6.5-11(c)(1) Agency Representation ~ ~ `, Eight (8) of the fifteen (15) members shall be appointed to represent certain community organizations such as: Board of Education, Chamber of Commerce, League of Women Voters, Ministerial Association, Ministerial Alliance, NAACP, Personnel Association, YWCA, and such other organizations as from time to time may be involved with mutual concerns of the Human Relations Commission and agreed upon by the Commission. Except as expressly amended above, said ordinance provisions shall remain in full force and effect. This day of , 1995. Robert G. Greer, Chairman Boazd of Commissioners [SEAL) ATTEST: Clerk to the Board r f L 48 REQUEST FOR BOARD ACTION ,~ Meeting Date: 12/18/95 regular Item #: 9 Consent Item #: Additional Item #: department: Engineering Presenter: Dave Weaver gage Count In Agenda Package: 3 Contact: Dave Weaver SUBJECT: Second Reading -Sewer Impact Fee Ordinance BRIEF SUMMARY: At the December 4,.1995 meeting, the Board voted to enact "Option Two," a sliding impact fee. In that the vote was not unanimous, a second reading is required. . RECOMMENDED MOTION AND REQUESTED ACTIONS• Proceed with second reading and final vote. =ederal $: State $: County $: User Fees $: Other S: Money Is In Current Budget: ~ New Appropriation Request: 3udget Amendment Prepared: FUNDING SOURCE: REVIEWED BY: LGL: FIN:.N/A BSHELL BUD: N/A CGRIFFIN HR: N/A AMALLETT COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend the second required reading. I +/a , P ts... ' .. i ~ . z..d /z y~l9S~_ 49 / _w Rcfer to Office Vision Bullctin Board for Disposition v OPTION TWO - SLIDING IMPACT FEES - AN ORDINANCE OF NEW HANOVER COUNTY The Board of County Commissioners~~ ~ ~ - Amend Subsection 15-124 (d) - (d) ~r eat-~e~-g~aT r~eaFa-e ~~~e~e-~~ae~--€e~~-~=~~~~ -- _ - - •- - ~6-~-~-3~~'3-~-~--~~e'~ ~ E`9-r~~ 3-~-3f4~~-zz~ezi~ c~ i-ucrr~rccs urrs-t-T: (d) Facili~ fee: The fee for non-residential user, due at the time of building permit application, shall be equal to $3.75 per allon of average daily flow with a minimu~r fee of 51,115 per non-residential unit. The. fee for residential units, due at the time of building permit application, will be eQUal to 50.675 times the enclosed souare footacre, heated and unheated not including the crarage, of the unit as determined by the County Inspections Detiartment, with a minimum fee of.S500 and a maximum fee of S1800 per' residential unit. ~e ~....~.........._..._ _----~------~ -r----- -- ----------- --- -.._ -..t..,...,. c .. ~ .. ,. F The .. _ _ facility fee will be determined as specified in section 15-121(b), however the minimum fee will not apply in__ the following circumstances: (1) Nonresidential development or unit .obtaining a . certificate of occupancy where the structure is not new development. .. (2) Nonresidential development or unit obtaining `a building ,permit with an estimated .construction cost .of less. than two thousand `dollars -(-$2,000.00), where the structure is not new development. (3) Building permits for riew development where there is~•- no plumbing in the entire structure. If plumbing is added later, the ~~~e~t-~_-~-p-?~-~~?t _,p~_i~-;• F~~ facility fee for new development will apply. 5 O,Amend subsection 15-121(b) r i ~. .. ~ . ' (bj ~e~-`~l~t-e~~~it~f=== Facility fee. All new ~~~ development and nonresidential development obtainin a g certificate of occupancy shall pay the e~ facility fee specified in section 15-124, based on _ average daily flow. Swimming pools will be exempt from the treatment plant capacity fee. Average daily flow for the J purposes of the impact fee shall be determined as follows: `~, (1) Residential unit: _ See 15-124. '~ (2) Nonresidential unit: Flow criteria as recommen ded by the state division of environmental management for sewage system requirements. In the event a flow is not specified by the state division of environmental ;~ management for a particular usage, the flow shall be based on water usage of similar facilities as determined '~; by the district. (3) Nonresidential unit (industrial wastewater): Industries 1 ~ that generate industrial wastewater, have a National Pollutant Discharge Elimination System (NPDES) permit, maintain a wastewater treatment facility with capacity sufficient to cover the average daily wastewater flow may be exempted from the facility fee by the board of county commissioners based on these and other criteria. This section does not exempt any non-process domestic wastewater. When the district's wastewater system becomes available to a nonresidential unit having industrial wastewater, the ,~r - _ f facility fee shall be paid prior to connection. ~J .~ 1~ +~~~ 51 Tlris page intenlionnlly left blank 52 ~..~ REQUEST FOR BOARD ACTION ,' Meeting Date: 12/18/95 ,~ ~. ,. ,,~ r Regular Item #: 10 Consent Item #: Additional Item #: Department: Governing Body Presenter: Lucie Harrell Page Count In Agenda Package: 46 Contact: Lucie Harrell SUBJECT: Committee Appointments BRIEF SUMMARY: Committees: A. Board of Health B. Human Relations Commission RECOMMENDED MOTION AND REQUESTED ACTIONS• Make appointments. FUNDING SOURCE: Federal $: State $: County $: User Fees $: Other $: Money Is In Current Budget: New Appropriation Request: 3udget Amendment Prepared: REVIEWED BY: LGL: FIN: BUD: HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• ,., ~Z -~~-~~ ~ 53 Rcfer to Office Vision Bullctin Board for Disposition COMMITTEE APPOINTMENTS BOARD OF HEALTH 4 VACANCIES: 4 THREE-YEAR TERMS CATEGORIES: GENERAL PUBLIC, OPTOMETRIST, PHYSICIAN, AND VETERINARIAN APPLICANTS: ELIGIBLE FORA REAPPOINTMENT GENERAL PUBLIC 1 three-year term Dr. Virginia W. Adams, RN Francis M. Foy ~• Susan Vinson-Green Cheryl S. Lofgren Constance N. Parker Mildred Dempsey Parker Anne M. Patterson , Estelle Grady Whitted X • NOT ELIGIBLE, CURRENTLY SERVING ON TWO OTHER BOARDS Edward V. Grace (Mr. Grace stated he would resign from the Library Board if the County Commissioners appoint him to the Board of Health) OPTOMETRIST Dr. Michael Goins PHYSICIAN Dr. Thomas Clancy X Dr. James G. Joachim VETERINARIAN - - `~ Dennis L. Jackson X Attachments: Committee Information Sheets Applications 54 i ,~ BOARD OF HEALTH Number of Members: 11, appointed in categories as follows: 1 Licensed Physician -: 1 Licensed Pharmacist 1 Licensed Dentist ~r 1 Licensed Optometrist 1 Licensed Nurse 1 Licensed Veterinarian ~~ 1 Professional Engineer 3 At-Large/General Public 1 County Commissioner Terms: 3 years - maximum of 2 consecutive 3 year terms Compensation: Chairman $25.00, other members $20.00 per meeting Regular Meetings: First Wednesday each month at 8:00 a.m. at the Health Department Statute or cause creating Board: NCGS Art.. 3, 130-13 (c) ~l Brief on the functions: State law requires each county to make .~ public health services available to its residents. The Board of Health ensures the provision of these services and performs the policy making and rule making functions for public health in New Hanover County. PRESENTLY TERM CURRENT MEMBERS ,~ CATEGORY SERVING EXPIRES Spiro James Macris, D.D.S. Dentist second 12-31-96 1616 Doctors Circle Wilmington, .NC 28401 (Appt.~12/17/90) 256-9163 (H) 763-8282 (W) (Reappt. 12/21/93) W. Keith Elmore Pharmacist second 12-31-97 3808 Oleander Drive Wilmington, NC 28403 (Appt. 12/16/91) ~~~ 458-8313 (H) 799-3320(W) (Reappt. 12/19/94) John Malcolm Coble General second 12-31-96 P.O. Box 4930 Public Wrightsville Beach, NC 28480 (Appt. 12/17/90) 256-4640 (H) 791-2034 (W) (Reappt. 12/21/93) ~~ Mar Kin Dean Y 9 General second 12-31-97 2117 Gillette Drive Public Wilmington, NC 28403 (Appt. 12/16/91) ;~ 762-4825 (H) (Reappt. 12/19/94) 55 BOARD OF HEALTH ( ) CURRENT MEMBERS CATEGORY Estelle Grady Whitted General 1611 Rock Hill Road •Public Castle Hayne, NC 28429 675-2179 (H) 343-2889 (W) Edward L. ul, Jr., O.D. ". ~ Optometrist 1415 Be ey Drive ~~~ ~p Wilm' gton, NC 28412 ~ZQJ1 ,t~~ ~,,M1d ~2~.-w . . 45 2239 (H) 395-6050 (W) Thomas V:~ Clancy, M.D. Physician 1624 S. Live Oak Parkway Wilmington, NC 28403 ?63-6716 ~(H) 343-0161 (W) Mary Lou Alford Nurse. 5822 Greenville Zoop Road - Wilmington, NC 28409 350-0138 (H) Dennis L. Jackson, D.V.M. Veterinarian 4012 Masonboro Loop Road Wilmington, NC 28409 458-3203 (H) 452-4093 (W) Mark A. Veenstra 3300 Hampshire Drive Wilmington, NC 28409 392-7409(H) Robert G: Greer 320 Chestnut St., Room 305 Wilmington, NC28401 341-7149 Robert Parker, Director County Health Department 2029 S..17th Street Wilmington, NC 28403 343-6500 12/94. File: \Health 56 .PRESENTLY TERM' SERVING EXPIR-S unexpired 12-31-95 Appt. 12/19/94) first 12-31-95 (Appt. 12/21/92) f first 12-31-95 (Appt. 12/21/92) ~' second 12-31-97 Appt. 12/16/91) Reappt. 12/19/94) first 12-31-95 Appt: 12/21/92) Professional first ~ 12/31/96 '~ Engineer ~ (Appt. 9121/92) (Reappt. 12/21/93) ~~ County. Commissioner I~~ l 14 ~~, Board of Commissioners New Hanover County 320 Chestnut Street tii'ilmington, North Carolina 28401-4093 ~~ Telephone (919) 341-7149 Application for Appointment to Boards, Committees, and Commissions ;~ Appointed by the New Hanover County Board of County Commissioners G~~~~.~~ p~8r/te Request for Appointment to: New Hanover .ounty Board of H ~lrh ~ l-lPS ~ ~ ~ ~` (Please type or print in black ink) Name: Dr. Vireinia W. Adams. RN ~ How long have you been a ~~ Address: ~O1 South College Road resident of New Hanover Count ? 2 Y 1 1/ mth~ t k 1 ~~I<~ Wilmineton N 28403-'i297 Telephone: Home: 910-763-111(L. Business:910-395-3784 *Sez: Female *Race: African American *Age: _49 **Employed by: The University of North arnlina ar Wilmington ect,,,,,t ^f N ~rsing Job Title: Dean and Professor Duties Performed: btake recommendations to the Provost fc,r ~nrticulum development fQr he T., School of NUCSinQ 1111tiate_ rer(1rr1r1'1P,nd ImntPmPnf and eyaii ate a~a'~"~~ ,• -nic and h ~~igcrarv policies amd procedures of the School of Nursing Conduct student and faculty recnaitment and facult ~~l pme~r reps en community an cool of Nursing relationships Iytaintain sta ~n; roved and national accreditation of the nursing_p~ r m Professional Activities: American Association c,f (' 1]eges in Nursing AmP~~a.i Tlurs~s sociation Bfack Administrators in Nursing Education Network nited fates Army Reserve Nurse Coms Volunteer Activities: None Why do you wish to serve on the Board, Committee, or Commission requested? Lbelieve in community base -commonly focused health care delivery and education Health care service is reolesented by 2 2 million nurses many of whom are a part of the current community health system Th mer ing community and public health 4yste~ reau~re~ the snout of nurse education leader hi I am prepared to offer that input on a t~fessional team ((~f3~95~ ..~~ What do you feel are your qualifications for serving on the Board, Committee, or Commission requested? My rntatifirar;r,.,~ ~s ti... ,..,.,a.....:.:a...._a --------- .. .. - - - What azeas of concern would you like to see that Board, Committee, or Commission address: Collaborative community based health t r~:c a and d nation bas d nn rinc~~lA~ ~f p~ershtp and lnterdtectn -na , ~te~ms: 'This information is requested for the sole purpose of assuring that across-cation of the community is appointed. • • A person currently employed by the agenry or department foi which this application u made, must resign his/her position with Ncw Hanover County upon appointment, in ace rdance with Article VI, See. 4 of the New Hanover County Personnel Policy. 1 Date: _~/~~/~ ~ Signature: ~~iyk--S.:J (Please use reverse side for additional comments) .,; 58 ... v G~~~- r~u, 6-c,t ~ ~~ Request for Appointment to: Name: l~',/_'`tt//L~ ~ Home ^/_ ~ How long have you been a Address: ~/~/`, ~~kt.~-rye i4r/~P resident of New Hanover CountyT Mailinga ddress: ~~-//~/Ap/~ ~ L ~~~ ~ t _LI// 1 NEW HANOVER COUNTY . BOARD OF COMM/SS/ONERS 320 Chestnut Street, Room 305 . • Wilmington, NC 28401-4093 ~ ' Telephone (9101 341-7149 FAX (9101 341-4130 . - •<~~ • ~~` , Application for Appointment to Boards, Committees, and Commissions Appointed by the New Hanover County Board of Commissioners. City and State: Telephone: ~, l Why do you wish to serve on the Board, Committee, or Commission requestedT ~' ~ ~'r.~_~~~ What do you feel are your qualifications /or serving on the Board, Committee, or Commission requestedT What areas of concern would you like to see the Board, Committee, or Commission addressT ~~~ ~~ ~ , ~ ~ ~~ Are you currently serving on another board or committee appointed by a municipality or a countyT if so, please list: ~/~ %. lc~cs Date: ,~ ~ Signatu !Please use re rse ide / r additional gmme ~ O 6 r 3 ". , _ Zip Code: ~~ S.G~ 3 Homer /D~ 7~~ S19~L3 Business: 'Sex: ~ `Race: ~~/~ `Age: ~~ 'This inlormetion is requ tad for the so/e purpose of assuring thal a cross-section o/ the community is appointed. "Employedby: ~,o ~j~r~ "A person turrenl/y amp/Dyad by the agency or department for which this application is made, must resign his/her position with New Nenover County upon appointment, in accordance with Article Vl, Sec. 4 0l the New Hanover County Personnel Policy. JobTitle: Pio(essionalActivities: Volunteer Activities: 1 `Q~~ a NEW HANOVER COUNTY BOARD OF COMM/SSIONERS 320 Chestnut Street, Room 305 Wilmington, NC 28401-4093 Telephone (9101 341-7149 FAX (9 101 34 1-4 130 Application for Appointment to Boards, Committees, and Commissions Appointed by the New Hanover County Board of Commissioners. Request for Appointment to: DOARD OF HEALTH Name: EDWARD ~I GRACE Home 301 HONEYCUTT DR How long have you been a ' Address: resident of New Hanover CountyT t _. Mailing4ddiess: 301 HONEYCUTT DR City and State: WILMINGTON NC ~\ Telephone: Home:. 910 3 9 2 5 6 9 2 Zip Code: 28412 Business: 10 years ~; `Sex: M "Race:. CAUC "Age. 60 '7his inlormetion is requested for the so/e purpose of assuring that a cross-section of the community is appointed. ~' `"Employedby: RETIRED MILITARY . "A person current/y amp/Dyed by the agency or department /or which this application is made, must resign his/herposition with New Hanover County upon appointment, in accordance with Article Vl, Sec. 4 0/ the New Hanover County Personnel Policy. `,1 JobTitle: ProfessionalActivities: RETIRED COAST GUARD OFFICER -. ~~ VolunteerActivities: Currently at St Mary School and some CPR instruction ~~ Why do you wish to serve on the Board, Committee, or Commission requested? Throuch media reports I note that the board cuts accross many different -w public arenas. My experience has alr~ays been a multidiscipline one What do you feel are your qualifications for serving on the Board, Committee, or Commission requestedT ~` and I feel I can contribute. My qualifications are openning and ooerati ~ What areas of concern wou/d you like to see the Board, Committee, or Commission addressT ~' Delivery of holistic Health programs covering the county Are you currently serving on another board or committee appointed by a municipality or a countyT if so, please list: Library advisory Board and Nursing Home Community Advisory Committee J . Date: _ ~v ,~CJceEui Pr ~l~~ tP/ease use reverse side for additions/ comments! ~~-e.~ ~~ ~-; ~ fr _-~Q IG~-; _j'~ ~~ . QCC ~ 6 Signature r''n, f'rnrn{, I : v ~ Ci l li V. r.:.~ ~:~ c~ ~cJ,~~~c,~~s ,~ • :. December 7, 1995 ~x MEMORANDUM TO:. County Commissioners - +'` .. I - FROM: Lucie F: Harrell ' - ' - Clerk to the Board SUBJECT: Committee Appointments r . ,~ ; Mr. Edward Grace, who now serves on the Nursing Home Advisory Board and Library- Advisory Board, has an application on file for the at-large appointment to the Board of Health. This application has been on file since December 6, 1994. ~ - - _ When reading the ad in the newspaper, he contacted the office~and requested that his application be considered for appointment to the Board of Health. At that time, he was -informed about the Committee Policy prohibiting anyone from serving on more than two boards. - After discussion, Mr. Grace requested that I inform the Board that he would like to be considered for appointment to the Board of Health, and he volunteered to resign . from the Library Advisory Board if appointed. Ifh . cc: Teresa Elmore, Deputy Clerk 62 r 1 NEW HANOVER COUNTY ,~~ BOARD OF COMMISSIONERS 320 Chestnut Street, Room 305. , Wilmington, NC 28401-4093 Telephone (9 101 34 1-7 149 ~ FAX (9 101 34 1-4 130 ~~- Application for Appointment to Boards, Committees, and Commissions ' Appointed by the New Hanover County Board of Commissioners. Request for Appointment to: New Hanover County Board of Health ~~ ~ ~n ~~ /r~C/ C ~. Name: Susan Vinson-Greene Home How long have you been a ~' Address: 7520 Anaca Point Road resident of New Hanover Countyl 6 Years Mailing4 ddiess: ' City and State: Wil on, North Carolina Zip Code: 2i4~5 ,~ Te/ephone: Home: (910) 686-4318 Business: (910) 251-5182 'Sex: F 'Race: White 'Age: 50 'This inlormetion is requested for the sole purpose of essuriny that across-section of the community is appointed. "Emp/oyedby: Cafe Far orrm~~ni tv Collecre "A person current/y amp/oyed by the agency or department for which this application is made, must resign his/her position with New Hanover County upon appointment, in accordance with Article Vl, Sec. 4 0l the New Honover County Personnel Policy. ,`'f JobTitle: Director of Nursing/Health Information Programs ProfessionalActivities: ~mbe-r ANA & Sigma Theta Taw; Past President District 22 Nurses Assoc. •~` Vo/unteerActivities: health Carolini y ans 2000; Advisory Comrruttee New Iianover Co. Health Occupation, Why do you w/'sh to serve on the Board, Committee, or Commission requestedT I believe that the Health Dept. plays a primary role in the health of our citizens. I rave at s ro e ~ will become even more significant with Health Care reform and I wish to be a part o a process. ,~~ What do you feel are your qualifications for serving on the Board, Committee, or Commission requestedT Continued focus on decreasing infant mortality; continued focus on r' revere ' p mazy p ti.on & ea promo on. What areas of concern wou/d you /ike to see the Board, Committee, or Commission addressl V (~ ~ v ~; Are you current/y serving on another board or committee appointed by a municipa/ity or a countyl /f so, p/ease /ist: Date: ~~- g-~1 ~ ,,. I.: ~ l IPlease use raver\seTside for addition~sj/~commentsl ,, f „_J 4 ~ 9 Signature . :'_ ~~ rS /~ CURRICULUM VITAE PERSONAL DATA ~ , Name: Susan Jessup Vi~uon-Greene ,- ~ Date of Birth: May 25, 1944 ~ } Place of Birth: Rocky Mount, N. C. 1, Children: Michael J. Vinson 03/15/68 W. Kelly Vinson 03/15/63 Jennifer L. Vinson 03/24/70 Husband: Henry ~Y. Greene, Jr. EDUCATIONAL- BACKGROUND ,_ 1980 M. S. Dc rec In Nursin East Carolina g g~ University, Greenville N. C. 1979 B. S. Degree in Nursing, East Carolina , • - University, Greem•illc, N. C. 1977 Associate Degree in Nursing, Halifax Community College, Weldon,. N. C. 19G3 Secretarial Diploma, Carolina College of .Commerce, Rocky Dfount, N. C. PROFFSSIONAL DATA • Aug. 1985 -Present Director Nursing Programs, Cape Fcar Conununity College, Wilmington, N. C. `~ Oct. 1988 --Aug. 1990 ' ' Staff Nurse, Brynn Marr Psychiatric Hospital, - .. Jacksonville, N. C. Feb. 1984 -Aug. 1988 Director, Nursing Education Options, Roanoke -. Chowan Community College, Ahoskie, N. C. ~ - 1981 - 1984 Second Level Coordinator, Nursing Education Options, Roanoke Chowan Community College, Ahoskie, N. C. , 1981 - 1988 Staff nurse, Nash General Hospital, Rocky Mount, N. C. ~ . - (One week-end per month and prn) .1979 - 1980 Nursing Instructor, Halifax Community College, Weldon, N. C. (Part-time) - 1977 - 1981 Staff nurse, Halifax Memorial hospital, "~ ` Roanoke Rapids, N. C. (Part-time, Full-time) 19C~i1f9G8 - Secretary, Northampton County Tax Department, ~ " Vim} Jackson, N. C. (Full-time) ~Y ,'~ PROFESSIONAL ACTIVITIES 1 ,~ 1. 1 ~7 ~~. ~v ,~~ ,> ~~ ~~ !~. -a ANA Certification, Clinical Specialist, Adult Psychiatric North Carolina I~'urses Association District 24 NCNA Nurses Association, Past President District 22 Nurses Association, Past President North Carolina Associate Degree Nursing Cou~icil, Past Treasurer North Carolina Association of Associate Degree Directors CONTINUING EDUCATION ACTIVITIES March 1992 Energizing tfie Educatoc IVfarch 1992 >:IIV Discasc Workshop April 1992 NCNA CA - Wiry Become an NCNA Afember May 1992 Contemporary Issues & Trends in Nursing September 1992 The NCNA Peer Assistance Program: An . Overview. November 1992 CPR Recertification November 1992 NCADN - Tl~e ADN Educator & Critical Thinking Ja~iuary 1993 Transcultural Nursing -NCNA March 1993 NC Board of Nursing Workshop on NCLEX-CAT March 1993 Witcluraft & Satanism: Fact or Fiction -NCNA March 1993 ADN Educator & The Law March 1993 Nursing Roundtable - NC ADN Council April 1993 Computers in Nursing - A Productive Alliance Nlay 1993 Humor, The Bcst Medicine COMMUNITY ACTIVITIES 1984 - 1983 Member Northampton County Board of Health, Vice Chairman 1957 - 1938 Volunteer Area L A HEC, Critical Incident Stress Debriefing Team 1983 -Present Advisory Committee Planned Parenthood 1933 -Present Advisory Committee New Hanover County I~icalth Occupations 1993 -Present Healthy Carolinians 2000 COLLEGE ACTIVITIES 1998 -Present Cape Fear Community College Curriculum Committee 1988 -Present Cape Fear Community College Faculty Association, Past Secretary 1992 -Present Cape Fcar Community College Wellness Committee 65 SCI-'L.. , e~ ~~ NEVI/ HANOVER COUNTY BOARD OF COMM/SS/ONERS ~~-Q~-~-' ~- 320 Chestnut Street, Room 305 NC 28401-4093 Sd~ Wilmington, .~~~~1 Telephone (9101 341-7149 ~~I FAX (9101 341-4130 -~~' '~'_"r''.~- App/ication for Appointment to Boards, Committees, and Commiss~~~ (~~~~~ ~, Appointed by the New Hanover County Board of Commissioners. ~ MMfSS(0(YFpg Request for Appointment to: ~~C~I~~ , 7~ c~~ ~~ 1 t, Name: n Pd~;'i Fi,4r~OVER c©. Home ~/ ~~ ~ ~ _/ (~ How long have you been a ~~• Address: _ I 0 Q 1. l1/CC.Z'" V~ resident of New Hanover CountyT _ Mailings ddress: / 0 y 7" C{1(' S~ (,r/(, City and State: l I j n ~C , o Yt~Zip Code: Telephone: Home: ( Business: f qlQ~ p2~~- s~~ f 'Sex: Race: /,I W //// Age: T ~ ~~ 'This in/or lion is requested for the sole pur ose 1 assurr/'g that cross- c ono he community is appointed. ..EmployedbY: l~ ~/C ~~. /1~•C. ' 'A person currently a toyed y he agency or department for which this application is mad ,must resign his/her position with New Honover Count with Article Vl, Sec. 4 0/ the New Hanover County Personnel Policy. y upon app ointment, i accordanc e JobTitle: ~X / 'e C(,L71, U ~ ~ ~ / (I~/! /'L' C l'Q r ° ' - ~ l ProfessionalActivities: pJ ~Q. ~~U / ~C!'1 ~ C~ Y) ~. / [ ~(.~i VolunteerActivities: e~P P _ t~ a'_TC`I ('f'IPC~ /-P~/,Ff'Yt °~ Why do you w/s~h to serve on the Board, Committee, or Commissi//on requested? ln'1 U ,0~6teSS i a n a.~ IQyL~ C~a m r» u,~/i ~c~~~Je Q What do you feel are your qualifications for serving on the Board, Committee, or Commission requested? ,eV~So~Cc,~. ~P,~rf~-_~, r s ~ o6~a r`n Col?-, p`P dens%~e ,•~~~mQ~~~., ~~ based 1-n~ e!`~1`' cv, o[ o'(-~fer~ ~a U~1~~ ~. i Q/e~s- • ~ What areas of oncern would you like to see the B rd, Commtttee, or ommission address? elsOfvc~.~ 1,[~C'P1a.C - .t / rC'tr rr ~(1 n(r~Pc~n t i YZo , n cM - - /t ~lri r (t''r'1 rt Gvi P «Q / SSC~ ,~ Are you currently serving on another board or committee 1 ~l.~a,S .~~ ~C.lPi~l h(. l1_~-t, rnn n n Date: /D - o~ /- `~ t f' (Please use reverse side /or additional comments! by a municipality or a countyl l/ please list t `~, CHERYL S. LOFGREN, R.N ~~'~ 1804 Orestrr« t St. • Wib«ingto«, N.C. 28405 • 7-eleplrone: (910) 763-3331 ~' `~ CURRENTLY LICENSCD AS RIiGIST1:RED NURSE IN NOR11I CAROLINA EDUCATION UNIVERSITY OF NORTIi CAROLINA-WILMINGTON Wilmiuston, N.C. y Associate Degree in Nursing-1968 ,~ CONTINUED EDUCATION ~ UNIVERSITY OF NORT}i CAROLINA-GREENSIIORO CRL'ENSl3ORO, N.C. Yottrhl Nuasf: PRncrrflONER PROGRA,~t-1975 UNIVGRSITYOF NORTH CATtOLINA-Cw\PEL Cti,v~CL IIuL, N.C. ~ NOR"I'1-i CAROLINA PUBLIC I-IW.T}i Z RAINING PtIASES I, II nND III-1978 ,~~ 1 ~~/ .~ `~•' ~1 ~i NORTl1 CAROLINA TR.VNING PROGR~4~1 GREFNSIiORO, N.C. ' GR1EF COUNSELING FOR SUDDEN INFA,\'T DFATH SYNDROME- 19 % 9 NOftl"1-1 CAROLINA IVIATERNAI, AND ChiILD I-IG\Lll-1 TRAINING PROGRMI CREENSf30lt0, N.C. NORT}i CAROLINA CHILD HEALTH APPRAISAL TRAINING AI~'D CER'T'IFICATION-1982 UMVERSIlY OF NORTH CAROLINA-Cw\PEL HILL SCHOOI, Of• NURSING/CONTINUED EDUCATION HL•/.D i1TWILMINCTON-ARFi1I-IULTHFDUGITION CENTER NOR"hI'I CAROLINA-NURSF/CHILD ASSESSMENT SATELLITE TRAINING A~~1D CERI"lf'ICA"r10N-1986 OTHER EDUCA'T'ION/CONFERENCES AND INSTITUTES Earlidinc Bad~~cr's Infant Stimulation/Mother Training=W-AI-IEC Very Involved Parenting Curriculum'I-rauiing-Garner Education f=oundation North Carolina Child I-Iealth Training Updates-Greensboro, NC Norll~ Carolina Developineneal Disabilities 3 day Conference (by invitation only) National Institute for Clinical Infant Programs-Washington, UC Relrrescnted NC at three separate cor ferurces through Project 0-3 Verbal Positive Response Training: New I-Ianover Board of Education Breaking the f=amily Cycle of Abuse: W-AHEC 67 ,~~ 2. EX1'EItIENCE 1ZE"1'ROS1'EC'1'IVE ' f=amily Support Nchvock of Southeastern North Carolina, Inc... .. Wilnri»gto», N.C. Irmployed: October 1, 1994 Position: Part-time Executive Director of non-profit organization for families of children with special needs ~~~thin a five county region. Junior League of Wilmington, Inc. 1-Vil»ringW», N.C. Contracted: July, 1993-July, 1994 Position: Director/Insiructor for I=aniilies With Children, a parenting education • program. Developed curriculum utilizing N.C.' Syllabus for parenting Education and the; Vcry Invoh~ed Parenting. ' . . Child Advocacy Commission "teen Challenge Program WiG»i»~~Wn, N.C. .. Contracted: January, 19S9 Position: Instructor for "1-ccn Parenting Lducation Program. New I-Ianover County Health Department Wiln,i»gto», N. C. Employed: December, 197S-July, 1957 Position: Public I-dealth Nurse III in~ Child Health. Initiated the NC Pilot for ~f the I-Iigh Priority Infant'I'racking Program. (tesponsible for Medicaid (ly Child Health Screening Policy and Procedures and preceptor for ' regional public health nurses in the NC Child I-icalth /lppraisal program. Significant involvement in coordination and' development of child health services within the county and surrounding area. Acted as child hcaldi resource ad~~isor.for area and N.C. /Nation through Project 0-3. Assisted in the establishment of NICU Follow-up Clinic. Provided SIDS } Counseling-and trained subsequent counselor. Coordinated the newborn bloodiest screening follow -up policy and procedures. ~ ~ University oC North Carolina-Chapel Hill Student I-icaltlc Services ' C/rapclllill, N.C. ~ -' I;mploycd: Scptcmhcr, 1972-November, :197.5 ~I'osition: In-patient and outpatient Student I-Ieallh Staff Nurse. Required independent skills in' physical appraisal, assessment, treatrncnt and planning of Health'care for college students. In-patient care provided a'wide range 'of mcdical;•surgical, gynocological, orthopedic and psychiatric experience, with a strong atmosphere of nursing being a ~' significant partner inpatient cazc and management planning. .~ 68• 1 F~~ ' 3. 'Ilse Children's Clinic Wilnringta»; N.C. Employed: 1972 r Position: Part-time pediatric office nurse. Jennie Stuart Hospital Hopki»sr•ille, I~e»n,c,Iy Employed: August, 1970-November, 1971 Position: Initially hired to relieve head nurses on medicaVcardiac and pediatric units, then selected as head nurse of pediatric unit. New I-Iano.~er I\lcmorial FIospital(New Hanover Regional Medical Center) Wil»,i»sto», N.C. `~ L'mploycd: ~Junc, 1968-March, 1970 Position: In-patient psychiatric staff nurse. ORGANIZATION/COMMUNITY INVOLVEMENT YMCA Wonsan of Achievement Award for Community Service, 1991 ~~ Eastern Regional Public I-Icalth Association, 1979 87 New I-Ianover County Pcrinatal Committee: Chair, 1986-87 North Carolina Perinatal Association: Board Member, 1986-37 ~ North Carolina Project 0-3: N. C. Representative for Federal Project of the National Ccntcr for Clinical Infant Programs, 1985-89 United Cerebral Palsy board member, 1985-87 ~~1 "Cri-County Prevention of Developmental Disabilities "Cask I=orcc, 1987 March of Dimes I-Iealth Professional Advisory Council, 1985-87 New I-Ianover Drop-out Prevention Task force now called Interagency Council ~ for Student Success: Chair of the Rankin Community Enrichment \ y Program (RCEP) subcommittee, 1989-91 F Sing, Spell, Read and Write Training and volunteer tutor for RCEP, 1990-91 ~~ YMCA Family Support Committee, 1990-91 ~J North Carolina Partnerships for Children, 1993-94 f=amily Support Network of Southeastern N.C., Inc., 1993-94, Past President \~~ Wilmington PolicdConununity Relations CommiUcc, 1991-94, Current Chair Arnericorp l-ask force ~~ ~~ ,,~~ ~' 69 •~ ~~ U NEW HANOVER COUNTY ' ~ ~'~ ~"~; BOARD OF COMM/SSIONERS - ~° °~ o 320 Chestnut Street, Room 305 ~~ ~-_ ~, Wilmington, NC 28401-4.093 ~ o ~ . ~i, Telephone (9101 341-7149 °` FAX (9101,341-4130 - A lication for A ointment to Boards, Committees, and Commissions PP PP Appointed by the New Hanover County Board of Commissioners. ,~ nl t,~~2,s ~. Request for Appointment to: Board of Health ~ rj~a~(2,K1-L pU.®.c.l.C. .Marne: Constance N Parker !Connie) Home How long have you been a Address: 1901 S. Live Oak Parkway ~ resident of New HanoverCountyl 20+ years Mailing4 ddress: s a m e Cit and State: Zip Code:. Y t"r i_ ' l m i~ t n n ~ itr r• 2F1-n n~ Telephone: Home: 91 0 '~ 4 ~ - () 7 ? 4 Business: "Sex: F "Race: W "Age: 51 'This inlormation is requested for the sole purpose of assuring that across-section ol'the community is appointed. ' "Employedby: NA ~ '~ - "Aperson current/y employed by the agency or deportment for wAich, this application is medo, must resign his/her position with New Hanover County upon appointment, in accordance with Aiticls Vl, Sec. 4 of the New Hanover County Personnol Policy. JobTitle: Registered Nurse anc3 t`nmmi~ni ty Vn1 »ntPPr ProfessionalActiv%ties: See attached' ~ ' -- Voluntee/Activities: 4aa a t- t- a r-har3 1 Why do you wish to serve on the Board, Committee, or Commission"requested? I have ?9~ea rs of intaract in haalth rare icgiia~,~.thirh•I 'fa'Q1 ~„nn1A ~bp 1na},1A ~n +hic RnarR, What do you Teel are your qualifications for serving on the Board, Committee, or Commission requested) ~~ Nursing with 2 years of graduate education, and 20 years of volunteering in this community. What areas of concern would you like to see the Board, Committee, or Commission addiessT n; aPa ca Are you currently serving on another board 'or committee appointed by a municipality or a county! If so, please list: NO, however, I have been appointed to the Governor's Task Force for Health}c~l Date: I tP/ease usb'TBJa ~La~~ arolinians 2000. ~e fide for additions/ comments! '~~~ t ~a.~ ~ 1 _-~u~D tgnature !/1?~ err, o s ~ r ";"~~VER . .,.,,~~s=a•~ `~~ Constance N. Parker 1901 South Llve Oak Parkway Wilmington, North Carolina 28403 ~' (910) 343-0724 Fax (910) 251-2549 ~~ Present Poslttons : ' 1 9 7 5 - Board of Directors, New Hanover-Pender Medical Society Alliance 1 9 8 2 - Advisory Board, New Hanover County Community Schools Program 1 9 8 7 - Board of Directors, North Carolina Aquarium Society 1 9 8 7 - Board of Directors, North Carolina Medical Society Alliance 1 9 9 0 - Board of Directors, Wilmington Concert Association ~ 1 9 9 1 - Governor's Appointee, North Carolina Aquarium Commission ~ 1 9 91 - Board of Directors, New Hanover County Arboretum Foundation 1 9 9 2 - President, Cape Fear Community Foundation ~ 1 9 9 ?_ - Board of Trustees, University of North Carolina at Chapel Hill School of ~ _, Nursing Foundation 1 9 9 2 - Policy Committee, A+ Schools Program for Arts Council of the Lower Cape Fear 1 9 9 2 - Task Force Member, New Hanover County Healthy Carolinians 2000 1 9 9 3 - Board of Directors, North Carolina Coalition on Adolescent Pregnancy 1 9 9 3 - Consultant, North Carolina Medical Society Auxiliary Health Education S~; Foundation 1 9 9 3 - President, Friends of University of North Carolina at Wilmington 1 9 9 3 - 1 9 9 4 - ,New Hanover County Adolescent-Parent Resource Com~-nrtee 2nd Vice President, Cape Fear (?:rrden Club 1 9 9 4 - Steering Committee, UNCW Wise House Designer Showcase 1.9 9 4 - Govr~rnor's Appointee, North Carolina I~ealthy CstroliP.iarts Task Force `~ 1 9 9 4 - Board of Trustees, North Carolina Medical Society Foundation 1 9 9 4 - Chairman, Adolescent Health Clinic Steering Committee ~~ Past Poslttons of Importance: ~ ~ 1 9 9 2 -1 9 9 3 Chairman, New Hanover County Healthy Carolinians 2000 .Task Force 1 9 91 -1 9 9 2 President, North Carolina Medical Society Auxiliary ~ ~ 1 9 8 4 -1 9 8 5 Presicf~nt, Now Hanover-Pender County Medical Society Auxiliary ~ 1 9 9 2-; 9 9 3 Ft ~alttt Pro^otlon C ~n•~mittee, Arrer:can k".sr:cal Assc~ia:(on A:.~xillary 1 9 8 6 -1 9 B 7 President, Junior League of Wilmington, Inc 1 9 7 9 -1 9 8 0 Chairman, Cape Fear Garden Club Azalea Garden Tour _~ 1 9 8 5 -19 8 6 Arboretum Foundatlon Fira finance Chairman, New Hanover County 1 9 7 9 -1 9 81 . Project "Sea' Scholars' Chairman, Jr. League of Wilmington, Inc. ' 1 9 7 9 - 1 9 81 Editor, Tab f_IeQII Ta~Qrr], newsletter of N.C. Medical Society Auxiliary 1 9 8 5 ArdJrorr'd f~I,torY of ~eR~ Fe~~ G.aCder Club. 1 9 8 6 Authored }_his_torY~LC.~ps~3LS'za[S1_v2IQU~ ~ 1 9 8 4- 1 9 8 9 Charter Member, Board of Directors, Flospital I-lospitatity House of. ~ ~ Wilmington; netvslettE;r editor, 1987-1988 , 1 9 8 9 - 1 9 9 0 Edi(ur, _C..ap_o_.Fe~r ~t ruo~I:~, newsletter of the Cape Fear Community ~. Foundation . ~~~( ~ 71 1 NEW HANOVER COUNTY ~'rr'~ r-~:'';--~ BOARD OF COMMISS/ONERS . 320 Chestnut Street, Room 305 ~,~! 1 1 _ ~: Wilmington, NC 28401-4093. , Telephone (9 101 34 1-7 149 i_~l ~•~: ~` _: • ,.,,,._ FAX (9 101 34 1-4 130 App/ication for Appointment to Boards, Committees, and: Commissions Appointed by the New Hanover~County Board of Commissioners. Request for Appointment to: Name: ~ Home Address: Mailing Address: A How long-have you been a resident o(New Hanover County? ,\ City and State: Zip Code: { Telephone: Home: C ~ - '~ Business:(./ ~)- / ~ ~ - ~~7`-~ 'Sex: 1 'Race: (~ {-\.~A .~A~l T~~c~. 'Age: "'rt~ This in/ormo(ion. is roquested for the sole purpose of assuring that across-section of the community is appointed. ..Employed by: ~ ~ ~ -C -h Q~ ~ •~~_~ ~ , 'A person currently amp/oyed by the agency or department for which this application ismede, must resign his/her positr n with New Hanovor County upon appoin1tment, in accordance with Artida Vl, S1ec~. 4 of the New Nanover County Personnel Policy. Job Title: L.Ll1~ l 1 ~U m~- ; ~~, ` E ~ i ~4 ~p PiofessionalActivities: ~WE'~' C.t ~ ~ ~ n ~ rn~ Volunteer Activities: ~' ~ ~ ~ rn-'n~ C rYl i 11 Why do you wish to serve on th~Board, Committee, or Commission requestedT~T~j ~~LC~~1't~ Q - ,, ~. i A- ~ ~ C' n~ `' 1 u ~ ~~~ _. _ What do you Teel are your qualifications for serving on the Board, Committee, or Commission requested? ~l~L f\~~c ~ `ns.U..(L2ar~~ ~l~E What areas ofconcern woul you like to see the Board, Committee, or Commission address? O C-~UPTt ~ c~EC~A~~ •~~.:~~~~- Ay \t~ws-~-~- ~.~.~u.1a. - o~-~.~Ska- ~~d. a~- ~lloct Are you currently serving on another board or committe'e'appointed by a municipality or a county? if so, please list: ~~ . Date: . O~ ~ ~ ~ .-- Signature , IPlease use reverse side 1 r eddirionel comments? C~-~ ` ~~ ~ ~ r. ~~ r~ ~ ~ ~,rn1r ~~. ,~~ ~ . ~~ ,~ ~ ~ . ~', ~~, ~ ~ ~ .~ 1 f 1 ,DEC- f- ~ 4 l•JELi 1 1 1? NEW NANO VER COUNTY BOARD O~ COMMISSIONERS 320 Chestnut Sfreef, Room 305 Wilmington, NC 28401-4093 Telephone (919j 341-7149 FAX (919) 341-4130 F• _ .fi 1 Application for Appointmen! to Boards, Committees, and Commissions Appointed by the New Hanover County Board of Commissioners. BOARD OF HEALTH J ~~~"~~ ~" r~-~t"t~ F.ecuest for Appointment to: h~~g; Anne M. Patterson Hcme Now long have you been a Address: 20 2 -Brookshire Lane resident of New Hanover County? 9 months t~'ailing Address: City and State: W i lm • ~ Zp Code: 2 8 4 0 9 Tele hone: Ncme: 313-2612 business: 343-2451 P 'Sex: Female "Race: Caucasian rAge: 37 ?his inforn;ation !s rcquostcd .'cr tho sole purposo of ossur:nfl That t cross-section of tl;o ccmmun%ry Is appcinfcd, "~c'm~loyed by: New Hanover Re tonal Medical Center ^r1 parson currently empleyod by the agency cr doparrmort Icr which this apps%catlcn is mode, must rosign his/her po.;it/on with Now Nancvar Ccunry upon appointrrant, rn accord~nca with Ariclo Vr, Scc. 4 0/ tho Nc N t;~navar Ccunry Poronncl Po!lcy. ,.. JobTit/e: Vice President, O orations (~ ~ •American Colle e of Healthcare Executives, S.C. Hospital Assoc.fG rofE ssionalAchvttres. g VolulileerActivities: Vice Chairman, Board of Hospice of Charleston (S.C.) u wish to serve on the Board, Gommittze, or Commission requested? Serving on the Board NJhy do yo would provide an opportunity to serve the community on a broader scale. _ Commission re nested? Licensed VYha/ do you fee! are your qualifications for serving on the beard, Committee, or q - Registered Nurse with 10 years experience in Hospital Administration. ~~` ~~hat a s ..of concern vrould you like to see the Board, Commit~ee,I o~r~Commissr'on address? Acrss nr;mar'v care and preventive- care ~: ~vL~ ~rLl~ (Plea:o v:e revere sic'e for addilicns! commcnls) IIF~ ~ ~ ~' ~ ~ ~ -, ,.:. ., ... - to r' c,} •J ZO ' d ~ti101 1VEW HANOVER COUNTY BOARD OF COM1VyJ5510NER5 • 324 Chestnut Sffeet, Room 305 Wilmington, NC 2840-4093 Telephone (919) 341-7149 FAX (9 f 9) 341-4130 App/icatior7 for Appointment io Boards, Commltiees, and Commissions Appointed by the New Hanover' County Board of Commissioners. G ~~ ~,e~4c ~u ~s «e /~ . i „ ~ - • Request t4~rAppointment to: Hama: Home AdC//6SS: s ~d ~-e Mailing Address:-'~-~'~L City and Stah~: 1~~,~~ Telephone: Nome: ~/~ ~ (0"'/45 _ :,~ /~/y, ~' 'Sex: ~ ~ ~.1_p _ _ •Race: _1~.C'r -t'( 'Thb hlartnadon b taquos2ed for He sole purpose of assu *'Ernployed by: L~ n/d u r '~~ A person Gunontty employed 6y tho agoncy oI depa~ont Hanover County upon appoirrtmcn~ In scoot ce .• y / u~,a~ How long have you been a resident of New Hanover County?~ Zp Code: ~~~ • ,9 , -- business: ~~~ ~ ~3~~ "Age: ' thst a uosssecrian a121~A co navvy is eppoln;ed~ .~ ~ ~ which thb eppGcotioh !a mado, mw~-t cosign Ri.~er posiflon with New V1, Sac 4 of the New Hanover County Personnel Poticy. Job Tells: \ ProfassionalAdivities: ~ -s' C J`~ VolunteorAdivitles: ~ T -'-E - ~ Why do you wish to sorve on the board, Committee, or Commission requested? ~ ~~~_~ ~ .p.~.,,_. ~.~, ' ~ ~r~n t ~:_. d v ~~ 3 v s ~_ ~~- ,'` What do you (eet are your quafifrcations for serving on the Bosrd, Committee, or Commission requested? l~l/~ ~y ,~ Pin ~ % ~. ~ rr~.~rr~ ~~-~F ~~~ What areas of concern would you Gke to see the Bosrd',/Committee, or Commission sddress? ~~ Ufa ~ ~/Pw~~~i o ~ ?~e _~„~~.-o ~D•-~~~ ~-24. ~\ (Please u3o rover3e sldo for adordorwl commentsl f ~ ~~lJ ~U U L'; ~; ~~ 2 8 9~ Date: -,~~ . ~•~, 1 Q~ _ .~ • % Nw H~r,oYER (', i Signs a c0'd ©~TbTb~69 Ol 86RL-i:t'~ rJF"'J.IWQd.OW2fNN 4J02Id 6Z:0Z b66T-SZ-21dt! 11/ L.Si Uu 1:5: 1J 'L'ULU SUG UZr 1 ~lli.ll:wL 1,U1;~D ull ly_.JUUG v NEW HANOVER CO I NTY ' BOARD OF COMM/SS ONERS • 320 Chestnut Street, Room 305 Wilmington, NC 2840 -4093 • Telephone (9101 341-71 9 FAX (9 101 341-4 130 ~~,vpllcatlon for Appolntment to Boards, Com !flees, and Commissions Appointed by the New Hanover County B and of Commissioners. Request torAppuintmeni to: 6 / TJC'l5 ~ Name: r_ /~(rG~l C-' - Homo ~ ^~ J Now one have you been e / Address: ~.`L ~a N 1) ~ ~~{ J.P t- P ~ n -fie resident of New Hanover CountyT ! ~ ti r s Mailing Address.•__ ~0,3 ~ •~A N~~ L C F a /~~ Gv A City and State: __~! /yy~ N ~- • 'p Code: ~g yo 3 -'~~ Telephone:. Nome: ~~~ ' J'~l Z ~ Z 7 C7 usr'ness. 9~0 3 ~Z ..-d Z''7 n 'Sex: / y ,~ 'Race: ~ N / ~~ 'A~e: ~i` / -. 'This inforr. ration Ir requested for the sole purpose or assuring that s cross-s ction o/ tha cvnvnunity !a eppoinlsd. "Employed by: ~ P D ~Y "A perso~r cunentiy employed b y the openey or department for which is app cation is teed mu=t resign his/her po- rion with New ffono nr County upon! oppointmenf, in accordance with ArGc% Vl, Sac. of the New enover County Personnel Po/lcy. Job Tide: i ~ rD !' S - Professional Acli~.ities: ~ ~ /Y! f ~JOC VolunteerActiviti~s: 01 t- - ~~ U •~ ~ v r2° ~h ~ ~ • Why do yo/Iu wis~5 to serve on the Board, Committeellot Commission re uestedT ~ 6t/i _.~ - rye ~ De~(~ a•~ occ r t! ac..-, ~., Whet 11do yo/u lee/'n7r~e your quali/ications for serfvin/~ on the Board, l X57 (,u ~I (~ r ~~n ~a.S>< Du r.StANO /N ~ ,G o c What areas of concern/ would yo/u l/ke to -see the Boar/d, Committee/, D h ~i/t GrG d pu 6 /r c ~ e4 ~~h ~I e e d,, Are you current/y ~servinp on another board or committee appointed •, Date: l( ~ • `l Sib (Please use ra arse a/•~ a for eddilrone/ comrnantsJ ' 76 ~ ,~~...--~-~ . ~~ °. c: ~ ...._ . _.. or cot r^'d a Commisslan addressT o "T D li r ~~ tequestedT . /,/// / ~ T~ ~rd• 4J ngCr~ a municipality or o county? /f so, p/ease list: ,, A ~ ~ ~~ 1. ~~ i 1 1 1, Board of Commissioners New Hanover County 320 Chestnut Street Wilrnirtgtor:, Norflt Carolina 28401-4093 Telephone (919) 341-7149 Application for Appointment to Boards, Committees, and Commissions Appointed by the Ne~v Hanover County Board of County Commissioners. Request for Appointment to: New Hanover County Board of Health tPleasc type or print in 6tack ink) Name: Thomas V. Clancy, M. D. How long have you been a Address: 1624 S: Live Oak Pkwy. resident of New Hanover County? 5 years Wilmington, North Carolina 28403 Telephone: Home: (919) 763-6716 'Sex: Male * Race: White Business: (919) 343-0161 Age: 42 "Employed by:The University of North Carolina at Chapel Hill job Title: Chief, Trauma Service, Associate Director, Surgery Res. <~ r t Duties Performed: Oversee Trauma Care/Teach Residents & Med. Student: Professional Activities: See Curriculum Vitae, enclosed. Volunteer Activities: Tileston Outreach Clinic;' Boy Scout Troop 14, (See CVi Why do you wish to serve on the Board, Committee, or Commission requested? To contribute to public health policy for citizens of New Hanover County What do you .feel are your qualifications for serving on the Board, Committee, or Commission requested? Active Member of North Carolina State Trauma Committee (See C ) What areas of concern would you like to see that Board, Committee, or Commission address? Traumatic Injury Prevention, Alcohol & Drug-Related Violence ' This Information is rcyucstuf for the soft purpose of asswing that across-section of the community is appointed, " A person currently employed by the agency ordcpartmcnt for which this application is made, must resign hisJhcr position with Nero Hanover County upon appointment, i» accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy, Date: October 23, 1992 ~::;'~:t<~+~-"'i~,'i `' Signature (Please use reverse side for additional~nQn~nt~ 1~ N i, October 20, 1992 Board of Commissioners New Hanover County - 320 Chestnut Street - •' Wilmington, North Carolina 28401-4093 Dear Members, ~ ~ - I write this letter to express my interest in applying ,for appointment to the New Hanover County Board of Health. - , As a general surgeon and trauma specialist actively involved in the provision of health care to citizens of ,New Hanover County, my perspective on items of importance in llealtll care related matters places the care, cost and prevention of traumatic injury very high on the list. Injury (trauma) related issues are highly relevant to the Board of Health as they are expensive, poorly subsidized, and span the spectrum -from social wiolerice and substance abuse fo automobile and passenger safety and' highway traffic _ engineering. ,Allied agencies in education, law enforcement, social services, and the legislature all Have a vital role-to play in tackling these issues. I have lived in New Hanover County for the past five years. I grew_up in the Bronx, attended Creighton University in Omaha, Nebraska, the . University of East, College of Medicine, in Quezon City, Philippines, and completed all ~~ of my surgical training in the New -York Medical College affiliated hospitals system. My surgical background combined .with an extensive Third World .and South Bronx experience have provided me with a unique window to what public health may represent, and how we choose to .define. and, shape it. .. . - - " -'I "joined the faculty -of the Department of Surgery at the University of North Carolina in Chapel Hill five years ago at which. time I began teaching and working at New Hanover Regional Medical Center as both Chief of the Trauma Service and Associate Director of the Surgical Residency Program at_ the Coastal Area Health Education ; Center (AHEC). My wife, Michele Moran Clancy, M.D. is the volunteer Chief Medical Director of the Lower Cape Fear Hospice. My volunteer activities which are considerably less than hers, ~~ include the Tileston Outreach Clinic and Boy Scout Troop 19.. I have also participated in County Public Health Department activities, some of which we're conducted in conjunction with our Trauma Service such as the Bicycle Safety Fairs. I have two children, Erin, a fifth grader at Alderman School and Sean, an eighth grader-at the 'pVBiston Middle school. ., New Hanover Regional Medical Center P.O. Box 9000 / 2131 S. 17th Street /Wilmington, NC 28402-9000 919-343-7000 /Fax 919-343-7220 ,~~ r~ r ~~ ;~ ~1 'J 1~~1( ~~~ ~, ~~1 ~? I have included my curriculum vitae for your review and hope that my application will be looked upon favorably. I look forward to the opportunity to meet and work with the other members of the Board. Sincerel , - . ~ ~~ Thomas V. Clancy, M.D. 79 Thomas V. Clanry',`~M.D: ~_ ~ ~' - .: DO$:'" July~2q 1950 ~~ `,, .3, ~~ a .. ,.. ~ ~' ~, L ACADEMIC DEGREES: LICENSED~BY Sl-ATE•OF:~ " BOARD CERTIFICATION: INTERNSHIP: RESIDENCY: FELLOWSHIP: PRESENT POSITION: AWARDS & HONORS: NATIONAL & REGIONAL SOCIETIES: 80 `, M.D. 1979 B.A. 1972 .,f, _ . •,... . ,. North Carblira'#31790 f >~• New;York~.#.1.52766 Surgical Critical Care 1987 (#050) American Board of Surgery 1986 (#31654) Fifth Pathway Program New Rochelle Hospital Medical Center New York Medical College Valhalla, New York 1979-80 New Rochelle Hospital Medical Center New Rochelle, New York 1980-85 Trauma Fellowship Lincoln Medical & Mental Health Center Bronx, New York 1985-86 Assistant Professor of Surgery University of North Carolina, Chapel Hill Chief of Trauma Service New Hanover Regional Medical Center Wilmington, North Carolina 1987-present 1988 Professor of the Year -Surgery Area Health Education Center New Hanover Memorial Hospital New Hanover-Pender County Medical Society North Carolina Medical Society North Carolina Passenger Safety Association American Medical Association Fellow, American College of Surgeons Eastern Association for the Surgery of Trauma American Trauma Society (National) r a L !1 ~~ t 1 ,~'~ 1 r r r r: NEW HANOVER COUNTY BOARD OF COMM/SSIONERS 320 Chestnut Street, Room 305 Wilmington, NC 28401-4093 Telephone (9101 341-7149 FAX (9101 341-4130 Application for Appointment to Boards, Committees, and Commissions Appointed by the New Hanover County Board of Commissioners. Request for Appointment to: ~~ ~ ~~ _ ~ C- ~ ~~ ~T 1 Name: ~M~S ~ ~~A£f~l~~ M-~. Home ~ 1 ~3~.u~ How long have you been a Address: _ ~ ~o `~ (?f ~cS h.ir.~ tom. , ~i I yt.~ resident o/New Hanover CountyT ' P~~r Mailing Address: ~ Z ~ ~ C (~~,;,~~ p 2, ~ ~'6V.QL~ ' ftm r,.l ~ l~p f'r1.lR City and State: _ ~~6L~ 1 NG 1 D~'~ N C _ Zip Code: 28 ~-~'O Telephone: Home: ~ ~,~ "` 3' 3~r;~j ~ Business: ~ L'~ -~6 a- ~o~i 7 'Sex: M P~L~ 'Race: ~l~G1S l~N 'Age: 3-7' 'This inlormation is requested for the sole purpose o/ assuring that across-section of tha community is appointed. "Employed by: S ~(_-~ ' 'A person currently amp/Dyed 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 Artic% V/, Sec. 4 0l the New Hanover County Personnel Policy. Job Title: ~"~ ~ S 1 C ~ r~ - ~N ~'~~ ~ ~ 'i' Nl. ~fl~ C~YL r(UC~~I~f'(I ~ 1 Processional Activities: , t-4-~ fYL..~~ P(~-O ~t.o i jptl( 7- ~! ~1..1_n/~J Volunteer Activities: - DC-V ~ LpP1U,~ y do you wish to serve on the Board, Committee, or Commission requestedT _ ~~ ~~t)y•~ ~~~ ~ ~~-i ~ C V 1-RfLL . ~S ~ ~ g'~ Y vCfY-fC O != E Vt`yrn10 l~-~ ~~L i H '~J-~ Iti101 ~~ -1 vJ~ U-~r~cS - v~ ~ rJ u ~ 2c~(iotl ~r~(~s ~ o What do you lee/ are your qua/itications /or serving on the Board, Committee, or Commission requester>'T ~p,~,~ ' ' ~ G) ~ 'f -h ~.e l~o4vS ~- eCt4. '~ ra'nl ~ t~)~~~"Iq~ Z ~r r r C' C~ i7"f1 3 y ~ ~ C1~,~ lit rA h ~ 'fin ~r~c"h~ c2 y ~ ~L-~.~'- S, .~ C.~ ~i f-' t ,r N, C -What areas~l concern woul like to ee the Board, ommittee, r Commission address? J ~ ~yJ T'L~ VS i f\s ~ ~~~ ~__ __ Are you current/y serving on another board or committee appointed by a municipality or a county? lJ so, please list: ~~ ND Date: t ~ '" (~ --~~ ~' /Please use reverse side for additions/ comments! t tom; rr __~~u~ r 1 2 95 .. ~ iQ,~~ vJ...l''t[~„ Y Signature t . Board of Commissioners • New Hanover County 320 Clteshtut Street Wilnt'ingtott, Nort1: Carolina 23401-4093 Telepltotte (919) 341-7149 Application for Appointment to Boards, Committees, and Commissions Appouite:d by the IVew Hanover County Board of County. Commissioners. . Request for Appointment to:: -New Hanover County Board of Health • •" (Please type rn prin! in 6fack ink) Name: Dennis L. Jack"son, D..:V•.M. How.long have.you been a Address: .401.2 1!tasonboro Loop resident of New~Hano:verCounty? ~ Yrs ~` *~4;nt'P 1985 we have divided our time between.Carolina Beach any{ • Fayetteville. " Telephone: Home: 919 458-3203 Business:919 45-2-4093 * Sex: t•l a l e * Race: Id h i t e * Age: '60 **Employedby: Self - Port City Animal Hospital Job Title: nwn - nractiti~oner Duties Performed: Veterinary Medical Practice (see bacl ~*Professional'Activities: 'Membe_r of. the North Carol-ina Veterinary i•ledical Ass and AVt1A. Volunteer Activities: rlember of. the- Masonic. Lodge and the Shrine Club.l -Why do you wish to serve on the Board, Committee; or Commission requested? I would 1 ik to serve-on this board in order that I might make a contribution to the Board and. to the community. _ What do you feel are~your qualifications for serving on•the Board, Committee, or Commission requested? ~ ~ ' Having served as a member and Chairman of the Cumberland County Board of Health, I fee1.~I have t e experience to Ser What areas of concern would you like to see that Board, Committee, or Commission address? Continued healthy growth as the county enjoys rapid and expanded growth. ~,. ' This information is requested for the soli purpose of assuring that across-section of the community is,appointed. " A person currently employed by theagencyordepartment for,which this application is made,-must resign his/her position with New l~anover County upon appointment, in accordance iuith Article VI, Scc. 4 of the Ncw Hanover County Pcrsonnd Policy. Date: ~~ ~- 7c-~ ;' -; .-~ _ ~. l _.'..:.'_~J L L~ ~. Si nature I~Please use reverse side for additional a s)Q + ~ ..~ ~iJ~r~ICj~QV'~'~ ~' i 1 1 ** I leave served two five year terms on the North Carolina Veterinary Medical Board. Seven of those years I served as its Secretary. ~ . L . ~ ~-c_,YL S o r~ 83 COMMITTEE APPOINTMENTS HUMAN RELATIONS COMMISSION 3 VACANCIES 1 3-year Term At-Large 1 Unexpired Term At-Large 1 3-year Term Ministerial Representative APPLICANTS: ELIGIBLE FOR REAPPOINTMENT Dennis Bowes Maria Bryant James Anthony Josey Delores Moore Robert Philpott Ministerial Representative Rev. Joseph Z. Windley X Attachments: Committee Information Sheets Applications HUMAN RELATIONS COMMISSION Number of Members: 16, appointed as follows: 5 At-Large appointed by County Commissioners 7 Appointed by various community groups (ratified by the County Commissioners) 3 Appointed by City Council 1 County Commissioner Each member must be a New Hanover County resident Term of Office: three years - may not serve more than two consecutive terms without a break of at least one full term between appointments. Regular Meetings: Currently the Commission meets in the Assembly Room of the County Administration Building at 4:30 PM on the second Monday of each month. statute or cause creating Commission: In July 1980, the New Hanover County Commissioners established, by Ordinance, the Commission as a county agency, previously a City of Wilmington agency. Brief on Functions: (1) Administer the county~s Fair Housing and Fair Employment laws; (2) Investigate matters of landlord- tenant disputes, non-discriminatory complaints and numerous other complaints involving intergroup, interpersonal or interagency matters; and (3) conduct workshops on Equal Employment Opportunity, Fair Housing, Community Relations, and Communications. Commission task forces continually explore community interests and concerns with a view towards developing a better community for us all. CURRENT MEMBERS Anthony Gentile, Jr. 507 Birmingham Avenue Wilmington, NC 28428 458-5503(H)/763-3383 (W) E. T. 6wnsend P.O ox 3928 ~~~~~ W~ mington, NC 28406 ~~r~1'Q~ 62-2749 (H) 763-3702 (W) John J. Manock 1620 Southeast Harbor Wilmington, NC 28409 452-0507 (H) 395-3810 (W) TERM PRESENTLY TERM' SERVING EXPIRES first 12/31/96 (Appt. 12/21/93) first ~ 12-31-96' (Appt. 12/21/93) first 12-31-97 (Appt. 9/8/92) (Reappt. 12/19/94$ HUMAN RELATIONS COMMISSION (CONTINUED) TERM PRESENTLY ~ TERM CURRENT MEMBERS .. - SERVING EXPIREB Archie Shaw ~~ first 12-31-97 1222 Harbour Drive Wilmington, NC 28401 ~ (Appt. 12/19/94) 452-2351 (H) 251-8007 (W) Jeanne F/Fay first 12-31-95 . P.O. B~ 698,. 1311 Sea Ray Lane . Car ina Beach, NC .28428 ~~~:~'°"~ (Appt: 12/21/92) '` ' William Sisson, Commissioner 1.40 Hayfield Court - Wilmington, NC 28405 -. .. Appointed by C-ity Council: Becky Long ... .. Robert E. Sutton 1414 Hollybriar Drive Wilmington; NC 28412 Appointed by CommunityCommunity Grou~s• . ~ Board of Education Appointee: Janice Cavenaugh •. unexpired Ratified by Commissioners 1/3/95 `Chamber of Commerce Appointee: ~ • John Teed first Ratified by Commissioners 1/3/95 League of Women Voters Appointee: Rebecca Dunn Reinmann x first 3216 Bougainvillea Way Wilmington, NC 28409 392-2927: Ministerial Representative: Rev. Joseph Z. Windley firs 520 North Fifth Avenue Wilmington, NC 28401 763-2714 (H) 763-2647 (W) NAACP Appointee: Bessie Funderberg secon 414 So. 14th St. Wilmington, NC 28401 7 6329 V - ' 12/31/95 12/31/95 12-31-97 (Ratified 2/20/95) t ~ 12-31-95 (Appointed~l/21/92) d 12-31-97 . ~ . HUMAN RELATIONS COMMISSION (CONTINUED) TERM PRESENTLY TERM CURRENT MEMBERS SERVING EXPIRES Personnel Association Appointee: Pamela J. Elliott First 12/31/97 116 S. Fourth Street Wilmington, NC 28401 (Ratified 2/20/95) 763-4777 (H) 799-8200 (W) YWCA Appointee: Rev. Carol Foltz first 12-31-97 Ratified 1 2/19/94 2/95 File: humanrel 87 . Jeanno F. Ray 1311 Sea Ray Lane P. 0. Box 698 Carolina Beach, NC 28428 November 13, 1995 Bobby Greer, Chairman New Hanover County Board of Commissioners 320 Chestnut Street - Room 305 Wilmington, North Carolina 28401-4093 Dear Mr. Greer: I have received a card informing me that my first term anpoir~tment i.o the New Hanover Human Relations Commission will expire on December 31, 1995 and asking if I wanted to be considered for a second term appointment ,. not that it would be a guarantee of reappointment by the Board of Commissioners. I appreciate the notification and am sorry I must decline the offer of consideration for a second term appointment due to time constraints and some minor health problems. I enjoyed my term on the board and just wish I could have contributed more. Maybe again at a later date. I wish to thank the Board of Commissioners for my first term appointment. Serving on the Human Relations Commission was a very interesting experience, one I will never forget. Sincerely, Jeanne F. Ray cc: Bessie Funderburk, Chair, 8V Hurnan Relations Commission ~'OY 1.~ 9~ Post Office Box 3928 Wilmington, NC 28406 „~ October 31, 1995 Mr Allen O'Neill, County Manager New Hanover County Wilmington., NC Dear Mr O'Neill This is my formal resignation from my position on the New Hanover County Human Relations Commission effective immediately. I sincerely believe in the aims and objectives of the Commission, and my decision to resign are based on my age and failing health rather than any dissatisfaction with the Commission. Continued support of our handicapped community is essential, and I would hope that a younger, more vigorous member may be found who can assume that responsibility soon. Yours very truly, E. T. Townsend ~~_ _ .. i;~'1 1 7 ~; .............:.i~J 89 NEW HANOVER COUNTY RE~EE~~~°D BOARD OF COMM/SS/ONERS NHC COMMISSIONERS 320 Chestnut Street, Room 305 Wi/rraington, NC 28401-4093 Telephone (9101 341-7149 SEP 2 1 1991 FAX (9 101 34 1-4 130 App/ication for Appointment to Boards, Committees, and Commissions Appointed by the New Hanover County Board of Commissioners: ~ ' Request for Appointment to: Name: r~ F r.I .v ~ ~ : / S.; t o Home How long have you been a Address: _3 ~ O ~ 1 AL.y N 'r resident.of New Hanover CountyT ~ ~~S Mailing Address: (~S A n~ ~' City acid State: _W 11,;(11/ ~ v -rp hJ ~ (~ ~ Zip Code: ~-~ ~{ U Telephone: Home: q ~ Ol ~ ~( ~'Z _ ~ 5 (~, ~ Business: 'Sex: _ (~ 'Race: _ ~~!-a V t~_~a S ~ A,cJ 'Age: ~ c~ 'This in/ormation is requested for the so% purpose o/ essuriny that across-section of the community is appointed. "Employed by: ~ ~ _ ~!h o tr 'A person currently employed by the agency or departure t for which this application is made, muss resign his/her position with New Hanover County upon appointment, in accordance with Artic% V/, Sec. 4 0/ the New Hanover County Personnel Po/icy. Job Title: l`~ E p l C,~ l_ L U n.1 ~ L(.. t_ T ~ n.l Professional Activities: ~ ~ f' ~T-r'!~ C~E-1 E.9 _. VolunteerActivities: ~ 4- ~ p~ Why do you wish to serve on the Board, Committee, or Commission requested? s' wv ~~ c~ ~ ~ ~,~ 0 L What do you feel are your quali/ications for serving on the Board, Committee, or Commission requested? ~_ Dn1 O / L' O M rtit u nl rTY ~.~ ~,5, ~ iW~ha~t areas of concern wwould you like to see the Board, ~n'~nmittee, or Commission address? RACE ~.~ LA'r t v~jl~ 11Z(_URLM l1I.ATf n/ I n /~~ 1 . J~~i t t.,,., c . 1 U3 _ r~ .- G' A ~ 1 1. ~ ~Nh~ e~ ~~C r14-~ ~f~,~mvNy, ,-~ .~N ~ Are you current/y serving on another board or committee appointed by a municipality or a countyT N ~~ I Date: O ~• C - ~, $ /Please use reverse side /or additions/ comments/ if so, please list: Signature `~!`<\~ c~k~.r Dennis Bowes 3406 Talon Court Wilmington, North Carolina (910) 392- 3569 PROFESSIONAL MEMBERSHIP AFFILIATIONS A Co-chaired 1993 United Way Campaign for Long Term Care Segment a Member and on Nominating Committee of Friends of Human Relations Graduate of Leadership Institute 1990 Chaired health segment of Leadership Institute 1991 - 1993 Commission for~Handicapped and Disabled People 1990 to Present Co-chaired mall events for National Disability Month and Job Fair for Handicapped and Disabled People Co-authored article on Pet Therapy in Journal of Gerontological .Nursing . Founding Member -.Lower Cape Fear Health and Human Service Network, Wilmington, N.C. 1 Participated in resource projects being conducted by UNC~•] students Facilitated usage of health care center for multiple " community groups. Board of Directors Yahweh Center for Abused Children Vice-President - Doberman Pinscher Club of Greater Suffolk Netcaorlc for Human/Animal Bond,, Los Angeles, California Thera Do International Hillside Py g New Jersey Fresno Dog Training Club, Fresno, California ~ COMMUNITY SERVICE AWARDS 1. Health Care Professional of the Year 1991 2. " Mi.l ler High Life Home Tocon Hero 1990 ~ " 3. Board of Realtors Community Service 4. Human Relations Hero 1990 5. Jefferson Community Service Award - National Award ' 6. Volunteer of the Year - California S.P.C.A. 7. Finalist in Volunteer of the Year - Fresno, California " 8. Outstanding Service - California S.P.C.A. c~ uoc. b. IUUo 11:Olii~:1 cn~~ nani~ t'n~YlshiVT Li Di o. iol4 r. 1 ~1 NFW HANOVFR COUNTY B0~4RD OF GONIIVIISS/ONERS 320 Chestnut Street, Room 305 Wilmington, NC 28401-4093. Telephone (9101341-7149 FAX (9101341-4130 Application for Appvlntment fo Boards, Committees, ~#ntl Cvr»rt7isslolts Appointed Gy the New Hanover County Bpard of Commissioners. !lt;~uea! fe~,nppaiefmonl 10~ ~A ~ H IBS ( e Home ~ H ~ ~` ~ /~~~~ ~yv long have you been a ~j n AJJiass: l ,~~Q Y: ( ~ Fidcnt of New Konovcr Counry) ~• Or ~-5 Ma!/!ng Address~ ~ ~~ ~ R ~~- C/ty and State: i ~ Zip Code: Z ~O Telephone: Homo: ~ ~ ~ Jf Q ~9 I Ruslness:(y91 ~ ,~ "1 ~ ^ ~~ ~ ~- "Sex: ~ L; ~ 'rTua•c ~ailr~ tr .,,a;~,.fr1~c. c, ~ . 'This inform~G~ion ip rnryi,atla fnr ! o% pc po's~~ol essunnp (het s Cross,Sec vl (hI cvmmunify iF OPRVint~ .Employed b y: 1 ~ C~'~ l YAK I •E~.~ ~ t 1t~0-Q~l . •'A poison cu,Yvatly om~lCj~od by the eyYncyor~a,briont /or wA,ch tlui application irrnade, musfresiyr hitq,brpos/lion with Naw Ha..u./vr Cou,~t y upon appointment in eceaisenee with Aitir/a V1, Sse. 4 at tho Now H~novo~ Caunry Porconnul Polity. Job T/t/e: ~~~~ l~~c.rtA ~l 'eR-'~1 .- , l ProfessionalACtivities:~0/~~ ~ ~. Volun[eerActiviries: G~u.re~'3' nz~b'f~}- ~-t~`(,yL~.~',d- ~, Why do you wish to serve on the Board, Comriti(lee, yr Cut-t,ni~sion requzsted? ~- rx~ L~~~'n~t.~ .. ] !'~- '~t1,~~.~t.~ t..,R. ~c..~~ ~izvt F,'1,~,~~ • (k a's ,ARn:C~c.~..:~np ~ l~ ~x»~_•cTQt~ V~iat dd' you feel arc your qualilicarions for serving on the Boar, mittee, or. Coir~,ission requested~~~ ~i ~ l ~ C.~.Ac113-~°' --~n .9 ah'~i- C.a.~ d.f- FJ ~.~-• ~IVrb'1~•~~---*-°1 ~t. c._~-~A.'~S• (~ l 1~.~3r C.Q•rl(~t`f'f'c~ What areas olcancern would y~u lr'ke to see the Board, Committee, ar Commission addressl~-t~"-~- ., - ~.v '~ Yx ~..~ ~~.~n~-mil ~ ~ .. ~~ ~.~.~s. r.: you tu~ttnNy ~or~~irtg n ono[hor board or oommlt7 oppolntod b 3 mun/clp3llty or s counfy7 If ro, p/aa~~v li~•t: ~~ tPleasAtl~Iw9rso Sid9 /or additional commBntsJ _ . __ NEW HAIVOVER COUNTY BOARD OF COMMISS/ONERS 320 Chestnut Street, Room 305 Wilmington, NC 28401-4093 Telephone (9101 341-7149 FAX (9 1 01 34 1-4 130 Application for Appointment to Boards, Committees, and Commissions Appointed by the New Hanover County Board of Commissioners. Request !or Appointment to: Home How long have you been a Address:--~OLL~3 n;c,cexts Drive resident of New HanoverCountyl 25 hrs. Mailin~l ddress: 71 R S n ~, t. h e r rl _ S t_ r P a t City and State: wi l min~nn, Nnrt-h C a rnl i na Zip Code: ~~q0] Telephone: Home: ~ ~ 1 ~) 7 q q _ ~ q 1 ~ Business: (910) 3 4 3 - ] 4 ~ ~ "Sex: Ma1a "Race: Afrn-Amc~rit-a~9e~ 32 'This inlormation is requested for the so/e purpose of assuring that across-section of the community it appointed. '"Employedbyr Shatr_Gr.a,><s ~c~mmunit-TCentAr "A person current/y 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 Artic/e V/, Sec. 4 0l the New Hanover County Personne/Po/icy. JobTitle: FYpr-„tive Ilirpctar PiofessionalActivities: TrPastlrP,- AMF. 7.i on Housing Corporation VolunteerActivities:AftPr st-h~n1 Tu .or Why do you wish fo serve on the Board, Committee, or Commission requested) As th ni c-tor o a Community Center, many issues in the areas of housing, programs and fnmmuni f~ Rol af-i nnc rriattarc ara hrrnttjht t0 us. M~ nol.ntment wn tl d nc t>rg voce to an otherw.1'se- unheard, constituency. l~hat ~o you feel are your qualilicatlons for serving on the Board, Committee, or Commission requestedT N[y cu r r i cu 1 s~us3_ies in Pubt ic- Admin'stration wives ina true appreciation for the undertakinc_ of this task. What areas of concern would you like to see the Board, Committee, or Commission addiessT T wntt t d t i kP to Sew tha rnunf~ mnrP i nv~•1 rc~d_~ i n affnrdahl P hrniGi nq~ thrrn,gh HTTn Fttndi n{~ • Are you currently serving on another board or committee appointed by a municipality or a countyT /t so, please list: • •_ ,_ i:.. Cate: /f- ~~- /7 ~~~1 3 ~ ~ ~ Signature /Please use reverse side to additions/ comments/ • • • • • •` ~ C~, ~ , ~r^,~ NEW HANOVER COUNTY BOARD OF. COMMISS/ONERS 320 Chestnut Street, Room 305 Wilmington, NC 28401-4093 Telephone (9101 341-7149 FAX (9.10J 341-4130 tti~'~ 1 1 ~5 ICL~I:~Ii-IC I~M VY ~IJ.IY:.V.,:~:.. .... .! App/ication for Appointment to Boards, Committees, and Commissions Appointed by the New Hanover County Board of Commissioners. Request for Appointment to: ) ~ _ 1 Q ~, • n~ ~' ~ !n 19~ / SS l~U l~l Name: l/~~ l ~ r"G~ i f ,/y/ 40-`, Home / How long have .you been a //,, Address: ~ ~ ~ ~ Q (,j i'j f Q s ' E ,~' resident of New Hanovei CountyT 'V Mailing Address: ~ ~~' ~~ 1. ~ City and State: 1~ /'j p ~ Telephone: Home: - ~ ~ l Q . ~ -~ 'Sex: - 'Race: 'This in ormetio~ested~r the sole purp se o/ "Employed by. t ~ (-'. "Aporson curien ly amp/oyed by the agency or de erl New Hanover County upon appointment, in accor enc Job Title: ~rat~essnr~l'i G Zip Code: ~ ~ ~~~ 1 - ASS Business: -- U ~ .Age: ~ C.O `~ rsyti thef a/cro/s~-section o/ th community is appointed. with Artic% Vl, Sec. 4 0l the New Hanover County Personnel Po/icy Vo/unteerAct / Why do you'wish to serve on the Board, Committee, or Commission requested? ~ r / Q -f ~. `/ J L t'1 ri '1 n (I P.i/P, l4 ~ n A~O,•f~r? ~ (' /1 t~~ I1~ i ro , •~C/ What areas of concern wou/d you Ike to se the Boaid, ommittee, or ~ ommis - v / - f ~ / ~ ~ ~ ~ ~c,! ~ ~/h ~ 0~/h,c.n~ ~ t r u _.. Are you currently serving on anot ,er board Date: ~-~ I ~ ~ !Please use reverse side for additional comments/ 'SS' - `l~ ~ t . ~_~ committee appointed by a municipality or a. ~ounty? if so, please list: . _ ~ , ~ ,~ t Signature . jWhat do you lee/ are your qua/ilications for serving on the Bo'aid, Committee, or Commission,requested? ~_ l / I ~~, I L` ~l,( "fw (' 1~ /Y- m c~ l3 t`(`/°,h'J .P ~~i-~ tt.r~PJ c/ /t ~; ~/,',, ~_n ~~,nu, e NEW HANOVER COUNTY BOARD OF COMM/SSIONERS 320 Chestnut Street, Room 305 Wilmington, NC 28401-4093 Telephone (9101 341-7149 FAX (9101 341-4130 Application for Appointment to Boards, Committees, and Commissions Appointed by the New Hanover County Board of Commissioners. Request fo oint(m^en~tnto:, Human Relations Commission Name: ::1~ `-'~ ' ~ v<~ Home !1 /Q ~ (~ ~~C~ ^ / How long have you been a ~ 2 Address: `7 c. 'C C~~~ (/ ( resident ofNew Hanover CountyT C ~ Mailing4ddress:_ `~(n (~ Cr(,fC~--1-C'~QJ~y ~(C{ ~ `-P ~ , City and State: t Gu ti.. ~'1 ~ Zip Code: _~ v ~ C~ C r/ / Telephone: Home: 'T j ~- J c~ ~ ~ ~ Business: _ ~E~ ~ ~ C~ .~ " ~ ( /' ~ C Sex: ~ "Race: W "Age: `7~ l 'This /nlormation is requ=sled for the so/e purpose of assuring that across-section of the community i~~ poled. • "Employedby: -~ ,~- ~ 4 ~ 4 "A person currently employe by the agency or department for which his app/ice ion is made, mus resign his/h position with New Hanover Coun~op g~ppgintment n a o a ce with A t~ le Vl, Sec. 4 0l the N w Hanover unt Pers nne/ Po/' JobTitle: ti4 - ~ ~ - ~~. PiofessionalActivities: VolunteerActivities:~` ~ '~ ~ Why do you wish to serve on the Board, Committee, or Commission requestedT ~, ('~ l `~~,/-P ^~ ~ ~ D ~Gc ~ l r ~ccl1 c ~ ~C¢~,, C t -C /~~ ~.5~ C~~- -P C ~ l LP ~~ C ~~t /..t r ~S w C C What do you feel are your qualifications for serving on the Board, Committee, or Commission requestedT e CDC1 C c~~,.~ h ~ .~j4 G ~ .rl ~ ~ C,) ~U ~~ .~ o ,~ vs`P ~ t~~~-.., i,~._ %~~..v ~~ r ~ C9., S. r(~~; ~$ ~ ~ ~~- 2Q 5v .z`.2 Ct t' (cL C (...Q c~ What areas o concern wou d you li a to see the Board, Commi/t'tee, or Commission addressT C' , wL~ s ~u-, s v (~ C Cc. ~ 4 ~~ `tom f ~ c _ lO 2. ~-`, ~ / '7F ~-('~~ cLC4~t SJJ~2C~5 SG/i~+n.w ~~~ Are yoJ curr.~ntly serving on another board or committee appointed by a municipality or a countyT `~ ~ l~ Date: ~ c_V ~ ~ l ~ 1 /P/ease use reverse side for additions/ ommentsl ~=~ ~c~~, .~ ~i-I 2 6 SLgnature if so, please list: Robert James Philpott 5614 Chancery Place :Wilmington, ~NC 28409 919 452 9844 Experience: Present: Program Manager I-NET Responsibilities include marketing, business development, customer service, project management, proposal writing and the management of field offices providing. contract support. Directs activities of on-site. managers at various work sites. In addition I am a part time faculty member at Cape Fear Community College. 1988-1992: Executive Vice President/Chief Operations Officer-RAE Electronics, Inc. _ Responsibilities included overall. management of a $10 million dollar (annual revenue) ~~ electronics company. Managed overseas contracts. Supervised program and project .. managers. Responsible for the installation and maintenance of major telephone systems. Managed customer service group providing services to customers throughout , . the southeast United States. Managed the contract providing services to NASA's Kennedy Space Center for Telecommunications. Managed all overseas contracts.. _ Supervised over 100 employees at sites throughout the United States and teams working overseas. ~ . _ . Wrote proposals and served as principal author .and editor of the company newsletter. 1966-19.88: United States Coast Guard - ~- Held positions of increasing responsibility as an officer in the United States Coast Guard. Positions included Command of High, and Medium Endurance Cutters engaged in Search and Rescue and. Drug Interdiction Operations. Operational success included the successful prosecution of more than 20 rescue operations and. drug seizures of . . over 100 tons of contraband.. Cited for. operational excellence .and leadership-awarded . two Presidential Meritorious Service medals for achievement. Managed a large facility (over 500 acres) providing services to the public. Facility was in an environmentally sensitive area. Responsibilities included maintenance of buildings, roads, electronic equipment and security. . As a telecommunications specialists managed office of 16 engineers providing support for the Coast. Guard's .telecommunications system.. .. - . Served as an advisor to the Superintendent of the U.S. Coast Guard Academy on training programs. ~._.. ~ .._ -_ _ _ Helped develop the U.S. Coast Guard "Leadership and Management School" ~ .~ • curriculum. _ ~ _ _ _ . _ _ _ .. .. : _ Independent of Coast.Guard was retained by the American Management~Association to teach seminars for management specialists. Volunteer Activities include: ..~. _ . _ = _ . Membership in the Downtown Area Revitalization Effort where I am the immediate past president. Education: ~ . =6.S: Engineering~~ ~ ~' - U.S. Coast Guard Academy M.S. Telecommunications Management. U.S. Naval Postgraduate School ~- ' .- M.A. International Relations Salve Regina University 96 Board o f Commissioners New Hanover County 320 Chestttui Street Wilmington, North Carolina 28401-4093 ?elepltone (919) 341-71x9 Application for Appointment to Boards, Committees, and Commissions Appointed by the t~1ev~ Hanover County Board of County Commissioners. Request for Appointment to: ~ Relations Cormcissi_on Name: .TncAnh 7 Windl~~ -~ Ho~,v Iorg have you been a Address: 705 Sn~i Fifth Avenue resident of New Hanover Count ' ~ Y~ -~. ~Li.lmi~.tt~n_ t3nrth G~mLina 28401 i elephene: Home: 763-2714 l;usi-,ess: 763_~~47 * Ser.: ~ * Race: B Age:66 "` Emcloyed by:.__,~~_~nt•; ~ t- ('tn irrh ;ob T1tiP.: :~act-nr Duties Performed: r~ 1 PaGtnriat fi~nt-t-i;~nS_ Professional activities: Volun:per Activititc5: ,~~~ u ~_ r,~,nt_ ~f rr»-r-F,~.ti~n-ty~r:, Han-~vPr lxmt-~i lJnlt `,NI-ry do yuu wish to serve on the Board, Committee, or Commission requested? To lend ~*,; ~, r*.mT-t• i n fc~fiC~ri nc~ ~ r<~~~-~ ~:~.tY relations activities with special nasis on tt,e C~7urches. - y ttat iio you feel are your 4ualifications for servinb en the Board, Committee, ur Commssion rea jested? In ~~ i t• i orl to lT1V ~OIIi1cZ1 t=•a i n i nq lIl : (See reverse) . 'vYhat areas of concern v~ould you like to see that Board, Cemmittee, or Commission address? ~dl}[ vo~~ w~h to s~.sve (above) . Also, rror cam basis on fair affordable housing, ernploy~nent acxi year-round people relations_ This information is requested for the sole purpose of assuring that a e-oss-section of tl•.e community is appointed. " A person currently employed by the agcrcy or department for which this aprlication is made, must resign his/her position with New Harorer County upon appointment, in accordance witr. r?rticie 4l, Sec. 4 of the New Hanacer County PeCrscnnel Polity. Date: V Signature (~ (Please use reverse side for additional comments) 7 --Sociology (BA); Psychology (MA); Theology (M-Div,); plus ntmerous courses of special and technical interest. --I am a world tzaveler with diverse e~eriences. --I am a Veteran of more than 29~ years. of active service in the United States ' Air Force. --I served 25 years as a Supezvisor-seventeen of which were in Staff positions. .. ... r_ ... ~~ . _ ._ - - . :,. .. ~ ~ ~ . :~ ~. 98 ~ _ ~ ... _ ~ NEW HANOVER COUNTY WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC DECEMBER 18, 1995 9:00 A.M. ITEMS OF BUSINESS 1. NON-AGENDA ITEMS 2. Approval of Budget Amendment 96-0087 for elevated water tank at Ogden Park 3. Approval of Budget Amendment 96-0095 for upgrade of the Northeast Interceptor ADJOURN PAGE NO. 101 103 99 T/ris pnge intentionally left blank ' 100 REQUEST FOR BOARD ACTION Meeting Date: 12/18/95 Regular Item #: W&S 2 Consent Item #: Additional Item #: Department: Water & Sewer District Presenter: Wyatt Blanchard Page Count In Agenda Package: 2 Contact: Wyatt Blanchard SUBJECT: Approval of Budget Amendment 96-0087 for elevated water tank at Ogden Park BRIEF SUMMARY: On July 5, 1995, the New Hanover County Water and Sewer District approved participation in the construction of the referenced water tank. Attached is Budget Amendment 96-0087 in the amount of $100,000 to pay for the additional 100,000 gallons of tank capacity. RECOMMENDED MOTION AND REQUESTED ACTIONS• I recommend that the District approve Budget Amendment 96-0087. rulvulNV SOURCE: Federal S: State S: County S: 100,000 User Fees S: Other $: Money Is In Current Budget: no New Appropriation Request: yes Budget Amendment Prepared: yes REVIEWED BY: LGL: APP WCOPLEY FIN: BUD: APP CGRIFFIN HR: N/A AMALLETT COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval '~ R ,,~~ ~_.:.~. - 101 ~ ~ Refer to Ofticc Vision Bulletin Board for Disposition Budget_ Amendment ~~/~~////~~i%/%i//i~~/%~/~% r'~/%//~~~r%/~/ ///. r ~ ~r /:¢i;;ii//r{."".:"%'f/,';.%%rq/ r ~ r/i//iri. ri /r r r~r .~i r • WATER & SEWER DISTRI T • ~ ~ •" • . -~ ~ .. DEPARTMENT BUDGET AMENDMENT # ,DATE :. Sewer Operating Fund/ 96-0087 ~ 12/18795 Water & Sewer Engineering ADJUSTMENT ~ DEBIT CREDIT Sewer O era ' g tn~ Appropriated Fund Balance $100,000 Water & Sewer Rngineering Other Improvements $100,000 " ~ - ._ EXPLANATION L To appropriate fund balance for the cost of adding an additional 100,000 gallons of tank capacity to the' new 600,000 gallon elevated water tank for Ogden Park. , _. ..... ~,. ~~,~ ~, . t ~~ ~- \~i ~~`~' ,~Y Por (3udget Olliccr's approval; then report 1 O ~ to Conunissinncrs at next rcbulur meeting .,nd enter in minutes. ..; "I'o he approved by Commissioners. •, : To be entered into minute.. REQUEST FOR BOARD ACTION Meeting Date: 12/18/95 regular Item #: W&S 3 Consent Item #: Additional Item #: department: Water & Sewer District Presenter: Wyatt Blanchard gage Count In Agenda Package: 2 Contact: Wyatt Blanchard SUBJECT: Approval of Budget Amendment 96-0095 for upgrade of the Northeast Interceptor BRIEF SUMMARY: On September 7, 1993, the District approved a request for participation in the upgrade of the Northeast Interceptor pump stations (copy of minutes attached). In addition, a budget amendment in the amount of $372,348 was approved. According to the City, this amount did not include engineering cost. The final cost ended up as follows: *Wrightsville Beach $ 106,000.00 *New Hanover County 408,095.66 *City of Wilmington 408.095.67 TOTAL $922,191.33 As indicated the District's final portion is $408,095.66. The original budget funds were not rolled over from previous years, therefore, the total amount must be appropriated. RECOMMENDED MOTION AND REQUESTED ACTIONS• I recommend that the attached budget amendment be approved. rulvulNG SOURCE: Federal $: State $: Money Is In Current Budget: no Budget Amendment Prepared: } County $: 408,095.66 User Fees $: Other $: New Appropriation Request: yes REVIEWED BY: _GL: APP WCOPLEY FIN: BUD: APP CGRIFFI~ HR: N/A AMALLETT .•.r.~..-.vt.~~ .~ vV1Y11Y1Gtl ~ NIYU RCl.V1YIIVICrVUH I IVfVJ: Recommend approval. fi:~~ ~ .. s ~ ~ - ° ~l~ ~ 1-0 3 ,,.e~ ~ b. .- .~. -/~-q•S- Refer to Once Vision Bulletin Board. Cor_Disposition ~~ ~-!` Budget Amendment ..ii/,i/:r~;/.;~iiG"/,:j;~,r. <i/!:z~.?'.. :ri7.',{i/iinii~.,ir.<,,,oi/.:/i.%/2'riviiirni. fir/Lori//i;'//%/%4Z':',.~7iirr/:/ii'///i//rr,.z;;i// '/ / '/' 'u / ... %~,.,, r .. .. / rr. r / WATER ~C SEWER DISTRICT DEPARTMENT ~ BUDGET AMENDMENT # DATE Sewer Operating Fund/ 96-0095 Water & Sewer Engineering ADJUSTMENT DEBIT Sewer Operating Fund Appropriated Fund Balance $408,096 Water & Sewer Engin rin ~. Other Improvements EXPLANATION 12/18/95 CREDIT $408,096 To appropriate.."-fund balance for participation in the upgrade. of .the . Northeast Interceptor, pump (approved.by the District Commissioners on ~,~_ September 7, 1993). A budget amendment was approved at that time for $372,348, but not rolled over -from prior year. An additional amount of `y ° ~` $35,748 is needed for the District's portion of the engineering cost. E...... i y' ~.;~.'......i.a. -.,-r.~ ~~~" --~ ~-W~ ~ ~ ~..5~ ,,_~ P Budget ofticcr's approval; then report 104 ~'~' -~- o Commissioners at ncxl regular meeting and enter in minutes. 'ro be approved by Commissioners. 'ro be entered into minutes. 1 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. NEW HANOVER COUNTY BOARD OF COMMISSIONERS CONSENT AGENDA DECEMBER 18, 1995 9:00 A.M. ITEMS OF BUSINESS Approval of New Hanover County and New Hanover County Fire District Collection Reports Approval of release of value Approval of reduction in value Acceptance of .letter of delinquent application for exemption Consideration of request by Wilmington/New Hanover County Community Development Corporation (CDC) for exemption of property Approval of Award of Bid 96-0068 for an upgrade to existing distributed control system at WASTEC Rejection of Bid 96-0067 for ambulance remounting and adoption of resolution rejecting bid Adoption of resolution rejecting bid and approval of the private sale of equipment ' Adoption of resolution for sale of surplus property Acceptance of 1995-96 Arts Council Grassroots Grant for the Museum Approval of salary upgrade of the Education Coordinator for the Museum Approval of request by Human Relations for Clerical Specialist position and Budget Amendment 96-0096 Approval of Contract 96-0190 between the Sheriffs Department and ABC Board regarding ABC law enforcement Acceptance of DWI mini-grant to Sheriffs Department from Governor's Highway Safety Program and approval of associated budget amendment (96-0088) PAGE NO. ~ 107 111 113 115 117 167 223 225 227 233 237 239 257 263 105 15. Approval of budget amendments A. 96-28 to increase budget for'additional revenue for Controlled 269 Substance Tax funds 6: 96-29 to increase budget for additional revenue for Federal ~ ~• ~ 270 l.~ Forfeited Property funds C. 96-0089 to budget additional State grant funds for the 271 services of an interpreter for the deaf D. 96-0090 to transfer funds for roof re lacement for Sheriffs P 272 Department/Patrol Division E 96-0091 to budget an additional .State Immunization Action ~ 273 Plan grant ' F. .. ~ 96-0092 to budget an additional State grant#or Women's '~ 274 Health Service Fund .. . ... :, : lJ 06 . . ~~ .. ~.. .. , _ ~~ ~ 1 1 1 1 1 1 1 1 1 1 1 1 1 A 1 1 1 1 REQUEST FOR BOARD ACTION Meeting Date: 12/18/95 Regular Item #: Consent Item #: 1 Additional Item #: Department: Tax Presenter: None Required Page Count In Agenda Package: 3 Contact: Patricia Raynor SUBJECT:. Approval of New Hanover County and New Hanover County Fire District Collection Reports BRIEF SUMMARY: Collection reports as of November 30, 1995 RECOMMENDED MOTION AND REQUESTED ACTIONS• Request approval of these reports as the Commissioners have approved them in the past. t=UNDING SOURCE: Federal $: State $: .. County $: Money is In Current Budget: Budget Amendment Prepared: User Fees $: New Appropriation Request: Other $: REVIEWED BY: LGL: FIN: BUD: HR: ' Recommend acceptance of reports. ~... Refer to Office Vision Bullctin Board Cor Disposition r --~-...~~~.R. 107 - CONSENT AGFrJDA ,. ~ DATE --------- ITEM V0. • ~ NEW HANGVER CGUr~JTY TAX COLLECTIONS ~~ ~CQLIECT'ICNS THR U 11/30/95 , CUF:R.",T TAX YEAR - 1995 .. AD VALOREM ORI G I3:AL TAX LEVY P.ER. SCROL"t_~ . , . DISC~JVERIES ADDED ~ 'i7, 630 320.15 ~ 2, 320, 016.96 ~ LESS A3ATEME NTS 2,102,958.78 44,979.58- 15,350.09 ~ 18,674.13- TOTAL TAXES CHARGED E 49,688,299.35 ~ 2.316,692.92 ADVERTISING FEES CHARGED "~'` ~ ~' .00'" ~ .00 IISTIr;G PE~~a ITIES CHARGcO 29,431.40 .00 TOTAL LEVY COLLE:C i IOr~S TU ;?ATE 5 - 49,717,730.75 12, 317, 052.29- S 2,31 b,b92.92 1, 72 3, 621.40- OUTSTAr;DI"1G PEP.CEtdTAGF C BALnNCE CLLECTEO ~ -------------- 37,400,078.46 ---------------e. 1; 593,071.52 . 24.77% 74.40.,« { E3ACJ: TAXES REAL ESTATE A"d~ PCRSO~~nL PROPERTY CfiA:~GL=S ADDED LESS A~3ATEr~IE°:TS TOTAL TAXES DUE COIL ECTIONS TO DATE - '.- OUTSTA^i-)IrJG 3.4LA?vCE' `, ?E4CE':TA~E COLLECTED ROr;r. OCCUPAr:CY TAx COLLECTIONS ?RIVILE(',`: IICE'JSE COLLECTIONS E~~S C~~LLECTIr,?;S S 2,463,953.85 60,998.20 25,161.73- 5--2,4.997800.32 ` 473,958.5b- - 3 2,025,831.76 18.96% NOV 1995 -------------- 133,577.88 587.50 .00 FISCAL YTO -------------- 1,193,673.18 10, X188.6 3 .00 TOTAL vn'vFY P?,OCESSED• THRU COLLECTIfIV OFFICE FOR NEW ~H.IPSOVER CC'UNTY.a~ CITY slF ~'~ ILMI rJGTt,rs, F(R IGHTSV I ILE lGA`CH, CAROLINA BEACH A"tU KURF~ " BEACH T7~s3nTE - 520,624,573.54. TNI S RcPQRT IS FCR ;F,,ISCAL YEAR 8'Ef,INNI!~G JULY 1, 1995: ESPECTFUILY SU(3t~'ILTED, ~• ~ '. .. ~~ , ~,~li"1.~ ' ~ • .~. COLL~"CTOR. (,`Y etEVEtiUE . . a C!;;•12I'tiEi CtJLLECTTQr; PERCENTAGE - 26.5?8% ~ .'' . 108 ~~ CONSENT AGENDA DATE=----___-- ITE!1 N0. tlEN HAPJOV~R COUtiTY FIRE DISTRICT TAX COLLECTIONS COLLECTIOris TaiRU 11/30/95 CURR_NT TAX YEAR - 1945 AD VALURE"! MOTUR VEHICLE OP.IGIh'!lL TAX LEVY PER SCROLL ~ 1 049 185.10 ~ ~ 56 160.66 DISCOVERIES AODED 52109.37 483.15 LESS Af;.ATE(":ENTS 23,321.08- 49U.39- TOTAL TAXES CHARGE L' ~ 1,077,973.39 t 56,173.44 LISTItdG PE'SALTIES CHARGEC 659.85 .00 TOTAL LEVY ~ .1,078,633.24 E 56,173.44 COLLECTIONS TO PATE -- 303,523.27- ---------- -- 43,599.75- OUTSTA~.UItdG ;iALANCE y - - 775,109.97 ; -------------- L2 573.59 ~ ?ERCE!JTAGF. COLLECTE0 0 28.14%* 77~62/* E}ACK TAXES REAL ESTATE ANO PERSONAL PROPERTY S 44, 873.72 CHARGES AODrD . 2,022.06 LESS AEIATEMENTS _ 511.28- ~TOTAL TAXES DUE 5- 46 384.50 COLLECTIONS TO GATE 10~738.39- OUTSTANJING nALANCE S 35,646.11 PERCENTAGE COLLECTED 23.15%` THIS REPC'P,T IS FQR FISCAL: YEAR BEG INNING JULY 1, 1995. i'f?~SP=CTFIJILY SU3t!ITTEO, ~ PATRICIA J.~AYNUR - v COILECTCP, Q, REVENUE ~' CCMBI"1F fl COLLECTIOM PERCENTAGE - 30.59a i ~ 109 a 1 1 1 1 1 1 1 1 1 1 f 1 1 1 7 1 1 9 REQUEST FOR BOARD ACTION Meeting Date: 12/18/95, Regular Item #: Consent Item #: 2 Additional Item #: Department: Tax Presenter: None Required Page Count In Agenda Package: 2 Contact: Roland Register SUBJECT: Approval of release of value BRIEF SUMMARY: -These are ,routine releases and the Board of Commissioners have approved these types of releases in the past. RECOMMENDED MOTION AND REQUESTED ACTIONS• Recommend approval. ruNUiNV SUUKGE: Federal $: State $: County $: User Fees 3: ~ Other $: Money Is In Current Budget: ~ New Appropriation Request: Budget Amendment Prepared: Q~vi~r,n~~n Qv. ~LGL: FIN: BUD: HR: COUNTY MANAGER'S COMMENTS RECOMMENDATIONS: Recommend approval of rele . ~- .a ~~ ~ z ,.~ ~.~~ ys~. ~_ .~ 111 i:~~.t~./. - Refcr to O~cc Vision bulletin Board for Disposition .~_ . • . Consent Agenda _ _ ~ , .' a December 18, 1995 Page 2 ...- ... -. -. _ ., _, _ . . The following taxpayer requests a value adjustment on his property because of conditions that '~~ have now been brought to our`attenfion (backup, available upon request): ~ . a Knapp, Boyd H. 12,000 , , • Request release of the following late-listing penalties as the taxpayers' accountant was sick during the listing period or they certify they listed during the listing period: -,- Carolina Coast~Harley'Davidson - • ' ~ '35.72 '~ Coastal Mobile Office 12.64 ~ ~- -~ Con Way Southern Express 16.15 Domatco, Inc. 87,42 Exxon Corporation 1,604.62 Lloyd E. Roberts T/A Roberts, Lloyd E. M.D. 78.79 Tavernays Jewelers 41.93 Request the following taxpayers be granted the Senior Citizen/Disability Exclusion: (applications . and letters explaining fate filing available upon request). ~:.. ; p ~. _~ ' Elks, Ina Lee $ 15,000 Request the following certification penalty be released as this was the taxpayers' first offense: Winters, Rochelle Fran 100.00 Request approval of delinquent applications for exemption from property tax. for the following organizations:' (applicafions.and letters explaining`late,filing available upon request) ~ - ,.. ~ R;, Submarine Battery Service Torpedo Div., 1989 Wooden Boat . - , , ; Confederate States Navy, Inc. ~ ~ , 112 -.~. . :~ . ~.'s~~-. - s, t a REQUEST FOR BOARD ACTION Meeting Date: 12/18/95 Regular Item #: Consent Item #: 3 Additional Item.#: . Department: Tax ~ Presenter: , Page Count In Agenda Package: 2 Contact: Roland Register .. SUBJECT: Approval of reduction in value Edward Weaver, Jr. & Sherry P. Weaver -Parcel # R05416-012-017-000 BRIEF SUMMARY: Property was exempt January 1, 1995, -owned by the City of Wilmington, and was valued at $23,520. Appellant purchased the property June 2, 1995 for $6,800 and received notice of the value on the tax bill. The owner cannot build on this property. For 1996, the value of the parcel, before being split, is $5,000 based on 1991 adopted Standards of Value. The Board may approve an adjustment of value within a current calendar year. RECOMMENDED MOTION AND REQUESTED ACTIONS• That the Board approve a reduction in value of Parcel R05416-012-017-000 from $23,520 to $5,000 for tax year 1995. FUNDING 50URCE: Federal $: State $: County $: Money Is In Current Budget: Budget Amendment Prepared: User Fees $: New Appropriation Request: Other $: LGL: FIN: BUD: HR: Recommend approval. 71V IVICIV I J HIVU KtI.VMMtIVUA (INNS: r . 7 ~ f Refer to Officc Vision Qullctin Board for Disposition ~~.~~ 113 APPEAL OF VALUE -EDWARD=WEAVER, JR. & SHERRY P. WEAVER AGENDA DECEMBER 18, 1995. _ _ _ Appellant and Cleo C Shew purchased pazcel R0541~6-012-017-000 June 2, 1995 :from ,the :.v City of Wilmington. The assessed value of the property was $23,520 assuming the property was, buildable. .No other appeals of-value have been filed to date.. Since the property was exempt, the City did not have an interest in appealing the value appraised as of January 1, F~ 1991. 1VIr. Weaver and Mrs. Shew split the purchase price of $6800. When N1r. Weaver received - . the tax bill for 1995, he challenged the assessed value.. It has been determined that the value. •~ is unpaired; because the owner cannot-build on the parcel. For 1996, tfie value of the parcel is `assessed'~at $2500, the split portion` $2500, for a total' value of $5000. by. 199.1 adopted _ .,• . standards: .. ~., ~ .n Although the 1995 Board of Equalization and Review has adj'ourned,' NCGS 105-325 allows for the Board of County Commissioners to render a decision to adjust a value during the current calendar year. Based upon the information brought to the administrator's attention and verified by the Appraisal Supervisor, it is my . RECOMMENDATION that the 1995 assessed value of parcel R05416-012-017-000 be ` reduced from $23,520 to $5000. ' `! ~ Roland G. Register December 6, 1995 11.4 a REQUEST FOR BOARD ACTION Meeting Date: 12/18/95 Regular Item #: Consent Item #: 4 Additional Item #: Department: Tax Presenter: Page Count In°Agenda Package: 2 Contact: Roland Register [+ 1 11"1 ~ !" /1 T _ .~vo.~~~, i . Delinquent application for exemption of 27' sailboat owned by United Campus Ministry - UNCW BRIEF SUMMARY: As required from marinas and similar facilities, the subject sailboat was reported to be at the neighborhood marina where Rev. Bob Haywood resides. Rev. Haywood is the pastor associated with the UNCW Campus Ministry. The boat was not listed, nor had the Ministry filed an application for exemption. The boat was discovered for taxation along with other 1995 discoveries. The chairman of the Ministry, Rev. Brown Patton at the Rose Hill Presbyterian Church, sent in a delinquent application and request for exemption by the Board. The Tax Administrator questions whether the boat is used wholly and exclusively for religious purposes when-it is located at the campus minister's boat dock. The minister is out of .the country and not available for testimony before the end of the calendar year. (Documents will be held in the Tax Office until the appeal is heard.) RECOMMENDED MOTION AND REQUESTED ACTIONS• That the Board consent to accept the request as timely, reschedule a hearing at a later date when the Campus Minister can testify, and consider the boat as taxable until the Board determines otherwise. FUN-DING SOURCE: Federal $: State $: County $: User Fees $: Other $: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: LGL: fIN: BUD: ~ COUNTY MANAGER'S COMMENTS AND REC Concur with Roland Register's recommendation. ,- -,~,~ .x ~ ; ~~~ ~a-~ ;'lW *" 1 ~( ~ ~ J spy w v~ ~ v t;~~ „', - v~ . Refer to Officc Vision Bulletin Board for Disposition HR: S: 115 ~~ .ry .,. December 5, .1995 Rev. Brown Patton, Chairman United Christian Campus Ministry ~ ^ i UNC-W • 601 South College, Road ~ ~ ~ ~ ., ,Wilmington, NC, 28403-3297 ~ ; ~ ~ ~- Re: Appearance Before Commissioners -Deferred ` - .. - r . ` Dear Rev. Patton: ~ • -, .; Due to the absence of Bob Haywood on the scheduled appeal date of December 18, the -Asst. County Attorney suggested art action to°pres"erve your right of appeal beyond the end of the" year. , :. .~ On the 18th, we will ask the Board to consider the boat taxable until they have a chance to have Rev. Haywood available to answer questions. It appears that the persons who have contacted me to date do not have full knowledge to appear and testify before the Board. , . To schedule the appeal 'for ,January 16; .I-must prepare the `detail. for the agenda on Tuesday,, . ; January 2; and have the County Attorney review and give his remarks for the Board by noon,. January 3. Otherwise, the next hearing date will be in February. ' - Not only will the attorney want to have your written defense`~to establish~that the boat is, , -, •" ,.. entitled to an exemption as "wholly and exclusively used for a religious purpose," we will `'_ want to know the information relating to the prior owner, where the boat,was kept prior to . ' donation to the ministry, and every person who has used the boat since it was donated to the . ministry. At the -hearing, we will want the testimony of Rev. Haywood' and any persons who ~~ have actual, direct, knowledge of the boat and all uses of it. As soon as possible, please arrange material and contact me so..we may'proceed.with.a. - := decision by the Board. .. Sincerely, ~ - ... .~ ~. R la d G. Register ~~6~ copy: Kemp Burpeau, Asst. County Attorney 1 1 1 1 1 1 1 1 Q REQUEST FOR BOARD ACTION Meeting Date: 12/18/95 regular Item #: Consent Item #: 5 ~ Additional Item #: )epartment: Tax ~ Presenter: 'age Count In Agenda Package: 49 Contact: Roland Register SUBJECT: Wilmington/New Hanover County Community Development.Corp. (CDC) -exemption of property used as a "Small Business Incubator" BRIEF SUMMARY: IRS has granted the organization a charitable 501(c)(3) exemption for income-tax purposes. The condo used exclusively by the organization has been correctly exempted from property taxes. Two units were erroneously given 1995 exemption. A separate parcel was denied exemption as it was not improved and used January 1, 1995. RECOMMENDED MOTION AND REQUESTED ACTIONS: That the Board deny exemption for tract 2 (R04805-021-001-000). That the Board rescind exemption for parcels R04805-021-001-005 and R04805-021-001-007 which are being used by "for-profit" businesses. rulvulryy SwRC~: ~ . Federal $: State $: County $: User Fees $: Other $: Money Is In Current Budget: New Appropriation Request: r Budget Amendment Prepared: REVIEWED BY: LGL: FIN: BUD: HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• Concur with R land Re~ister's recommendation. . ... ~ t `" `~ ~ 117 M'~ Z . I _ ~. ,Iz~9G a ~~~:~W..lr - e-w •. ~ Rekr to OfTice Vision Bulletin Board for Disposition ~ ti(,{ APPELLANT'S CD C , EXHIBIT ~ Wilmington/New Hanover Community Development . ~ Corporation , Jackie Peoplec, J.D. E~cecutive praetor t Peter I. Caner Associafepvecfor ' ~gard O~ Q~r~CtOn: Harvard Jennlnpc CMiperson Jack Manock rm.surer Susan Wlnctud seorefery M. W. Williams, E:Q. 7echniuf Advisor Rer. Johnny Calhoun Audrey Floyd Laura Padgett Russell La BNIe Harty Oorcvy Richard Cllette Edwina Johncon Clarence Smith Urcufa Wllcoo- November 13, 1995 Roland R. Register Tax Administrator New Hanover County Tax Administration . • 320 Chestnut- Street Wilmington, NC 28401-4090 • ~ , Re: Application for Property Tax Exemption - 1995 RO 4805-021-001-000 Dear Mr. Register: q:. ~i ~ Thank you for your letters of June 26, 1995 and September 5,.1995, concerning. the above referenced letter is to provide information required by the County Commissioners in order to rule on this request for a tax exemption. .. , I. The use of this subject property complies with the requirements of N.C.G.S. 10~-278.7. The V~'ilmington/New Hanover Community Development Corporation (cDc) is a private, non-profit, I.R.C. 501 (c) (3) community-based organization chartered for the purpose of improving the economic status of low-income citizens of Wilmington and .New Hanover County. -The organization engages in economic development. activities, particularly the development of small businesses, in order to create new business ownership and job opportunities. ' b ~ ~ .. , The cDc has established a Small Business Incubator on the property referenced ' above. .-' The Small Business Incubator is a division of the cDc whose purpose is to foster the creation and expansion of fledgling businesses by .providing below-market-rental space, . . clerical and office services, management. consultation, and access to financial services. Our Incubator is designed to function as an economic development tool, a vehicle for promoting economic diversity,' and as a means of 'creating ~ new job `opportunities, ¢ especially for low and moderate income individuals. , ' The Corporate Charter and~By-Laws of the cDc, as well as tl)e terms of the approval by the IRS of the CDC's 501 (c) (3) statutes, requires the cDc to limit its activities to the '~ '~ Bon-profit purposes set out herein. 511 Cornelius Hnmctt Drive, \Vilmingtat NnRh Carolina 2R401 Telephone: (910) 7G2-7555 fal,. (91 U) 7G2-75G5 . a APPELLANT'S EXHIBIT_~_ The cDc leas built its Small Business Incubator on an acre of land purchased in the Hilton Industrial Park: As you know from my letter to the Commissioners of July 18, 1995, the Incubator was developed primarily with a grant of money from the Department of Health and Human Services, which was originally approved in 199?. A specific condition of this grant was the recording by the cDc of restrictions governing the use of this property. Among other things, the restrictions provide for the use of the property only in furtherance of the non-profit purposes of the cDc. In developing and utilizing this property, the cDc has been careful to operate within its limits as anon-profit, charitable organization: Attached as Exhibit A is a description of Small Business Incubators and Exhibit'B is an Application Packet for the Wilmington Business Center, as this Small Business Incubator is known. As these documents illustrate, the sole purpose of the Wilmington Business Center is to nurture.and grow small businesses which cannot otherwise afford the kind of support and services afrorded by the Wilmington Business Center. The structure developed by tl~e cDc on the property described above was completed in March 1994. It is comprised of 9 separate units. Each unit contains an office area and an -. unfinished area for multiple uses. Presently, six small entrepreneurial businesses occupy the. units. Each tenant executes a lease with the cDc which provides for, among other things, abelow-market rental rate. The lease provides that the tenant follow the rules and regulations of the Vi~NHCDC Business Incubator. Among the services provided by the. WNHCDC Business Incubator are secretarial and clerical support, phone services, FAX and copying services, and consulting services. A copy of our form lease is attached as Exhibit C. The rental of this property as described is not for profit. Instead, the rental of this property and its use by our tenants is purely for the purpose of providing our non-profit services in assisting these fledgling businesses in starting up and getting established. In the event that we are unable to obtain an exemption and are required to pay this tax, we may have to .pass this expense along to our tenants, which would increase the initial financial burden on them, or the cDc may have to pay tl~e tax out of its operating funds, which would reduce the resources available to provide other sencices to our clients. In either . event, this requirement would have a negative impact on our ability to provide service to our clients and to carry out our non-profit purpose. As a matter of fact the WNHCDC' is re wired to utilize the recei t of excess revenue if q P . any, from its rental activities for program develop-nent and charitable purposes, pursuant to its mission as a 501 (c) (3) corporation. In the case of In re Taxable Status of Property, 45 N.C. App. 632 (1980) (a copy of which is attached Hereto), real property used by W.R. Winslow Memorial Home, lnc., a non- profit corporation, as a nursing Home for the aged and infirm in Elizabeth City, North Carolina. The residents of tl~e home paid an initial fee and continuing charges fQr~t~, s - - • APPELLANT'S EXHIBIT b • services they received while in the home. The corporation was a tax exempt organization under I.IZ.C.;.503 (c) (3). The County argued~in this case,ahat,since..the-..property was occupied by one other than the owner, and that the.. occupation was not .gratuitous, it was + not entitled to an exemption.under N.C;G:S; 105-278.7 (a}-(2),,.. ' . , - - ist. The. North. Carolina Court :of Appeals ,in this. case determined ,that. the :property was ~ ~ ~- entitled to this exemption. Relying on~VVake County vs. ln~le, 273- •N.C. 343, 3.47, 160 ~--~% S.E. 2d 62, 65 (1968), the Court held that the determining question is whether the, owner is a charitable institution and whether it used the property in question for charitable ..purposes. Holding that. the fact ,that .the residents -of the home;.;paid rent for- services received did, not destroy the charitable use -of the property.- .The Curt found -that the owner was a charitable institution and that the .owner's_ use of .the'-property'• as ~ a nursing v home was within its. charitable purposes and:that: the-property was exempt from tax: See -also, In re Appeal of~Mecklenburc~.County,; 69 N.C. App. 133..,(1:989); a copy of which is enclosed: .. ... r II. Tl~e~ use of tl~e property for non-profit purposes was required, effective January 1, 1995 ~ - ~ - _ ~. - As pointed.. out in. our letter to you of July 18, 1995, the use: of the property for the non- ., profit, purposes of the. WNHCDC was required by the,terms of the grant which was used . .. to acquire-the. property in' 199,4. The OCS~,grant agreement was executed prior to January 1, 1995, T_ herefore, even. prior to January 1, 1995, no other -use could be-.made of this ~~ .property. In addition,: constriction.was substantial even though construction of the units was not finished as ofJanuary x,,1995. - ,~,; We re uest that our a lication for an exem - ~I q pp pt~on of this property for 1995 ad valorem .taxes be granted. - _ • ~ _ - Best regards,. . - ackie Peoples. J D. .. . ' . .. , . ~ n , ,, .. r Executive Director. ~:; ~ ~ . ~ .. ~ ~ , , ,~ `~ cc: Frank B. Gibson - Bill Caster ~. r - . - ~• ~ .. 120.. f. .• ..~ _ ~~ ~ APPELLANT'S EXHIBIT ~~ ~~ WILMINGTON/NEW HANOVER COMMUNITY DEVELOPI`'[ENT CORPORATION MISSION STATEMENT The purposes for which the corporation is organized are: (a) To improve communications between minorities and low-income citizens with the broader community at large; (b) To enhance the economic welfare, educational and social levels of disadvantaged citizens throughout the City of Wilmington and New Hanover County, North Carolina; (c) To promote public and private partnerships through neighborhood development and/or initiatives that enhance overall community development; (d) To enhance opportunities available to residents and groups to own, manage and operate business enterprises and provide job training in distressed areas and disadvantaged communities; (e) To expand opportunities available to residents and groups to obtain adequate low-cost housing .accommodations by constructing, rehabilitating, and providing decent, safe and sanitary housing in New Hanover County for persons and families of low-income, who are in need of such housing. (f) To do any and all lawful activities which maybe necessary, useful or desirable for the furtherance, accomplishment, fostering, or attaining of the foregoing purposes, either directly or indirectly, and either alone or in conjunction or cooperation with others, whether such other be persons, organizations of any kind or nature, such as corporations, firms, trusts, institutions, foundations, or governmental bureaus, departments or agencies. . 1 121 ~. ~ .. ,~`xH%8%T ~ • Rcris~d 8l2319S ~--- tackle Peoplee, J.O. _,ecwve Director ?titer.. Canet ..7,ou.le Orectar s~a,~ «arec,dr: narvartl Jenntnpc ~~naaperaon Jack Manock 7reesure+ Susan Winstead ' s~~7..y tL, W. Williams, Esq. ~ r_nnicsl ! dvisar Rev, Johnny Catnoun Autlrey Floyd Laura Padgett RusceB La Belle Marcy Dorsey ', R~cnaro crepe Eo.rna Johnson Clarence Smltn Un;uta Wilson C~~ '~'~'ilmington/I~Te~~r Hanover Comm.uni }~ ,Development Corporation . ~ ~ APPELLANT'S . EXHIBIT ~ ~ FACT SHEET - ' .. . The Wilmington /New Hanover Commwiit)' Development Corporation (cDc) is a private,. non-profit, 501 (c) 3, coirununia)'-1~ased organization .chartered.. for the purpose of improving the economic and social well-being of low- income citizens in the Cit}% ~of Wilmington alid`New Hanover Count). The organization engages in economic'' development ~ activities, particularly the development, of avSmall_ Business Incubator, as a means. of creating new ~... business ownership and job opportunities. The Board.,of Directors currently: consists of fifteen (l5) members who represent a cross section of New Hanover County: ~ . ,_ ,. - .. . i The cDc 'wo`rks with Cape Fear Coii~untlnity ~ College, UT1CV~~, acid local, fuiaiicial uistitutions to bring to our community a variety of workshops alld seminars..,, hl,.l 994 ~we touched upon, topics~.as ~"The Reality .of Small Business Ovv~~erslvp"; ,~"First. G Tilne ' Horne Buying' ; and . `.`The . Colnlrlunit)', Small . Busiless Program„ ~ . ~. ~ .. . . The cDc played a pivotal' role 'i~ complefing the Empowerment Zone/Enterprise Colmnunity application for the City Of Wlllllln`toll; and is on the Wilmington Comm>,mity Coalition Board of Directors. In addition, the cDc is a member of the Chamber of Commerce and the Economic Development Forum with The Committee of 100, The Nol-th Fourth Street Partl~ership, DARE, and tl~e Castle Street Association. The Incubator is in what is ki~o~~m as the Hilton Industrial Park, which is located on US Hi~~hway l 17 between N. 5th Avenue and Hilton Street. It is near the heart of dovv~ltowll Wilmington, the airport and major arteries leading in and out of the Cit)'. 122 S11 Cornelius I{annu Dri~~e. ~L'ilmingtat Nonlt C•rmlina 2F4Q1 ';dcphnne: (91U) 7G,•7Stt Fay:: (91f1) 76:•75G5 Re~'iscJ 3/IJ/9S APPELL,gNT'S EXHIBIT ~ ~- ~. SMALL BUSINESS INCLIBATORS ~'Vhat is a Small Business Incubator? '~ A small business incubator. is a business whose purpose is to foster the creation and expansion of fledgling businesses by providing below-market rental space, clerical services, management consultation, and access to financial services. An incubator can. greatly enhance the prospects of a business's success by providing a -- nurturing and supportive environment during the critical start-up phase. Business incubators have been used successfully as economic development tools, as vehicles for promoting economic diversity, and as a means of creating new job opportunities. The purpose of the small business incubator, established by the Wilmington /New Hanover Community Development Corporation (V+T~1-1CDC), is to embrace all three of ,~. these purposes, with an emphasis upon job creation for low and moderate-income individuals. HoH• Did Then Get Started? Business incubators, as an economic development tool, are a relatively recent phenomenon. They got their start in the 1960's and have flourished in the 1980's. There are approximately 400 incubators in the United States today; 95% of these -have been established since 1980. Business incubators in the United States Dave three historical roots. Tire first has to do with efforts to re-develop inner city blighted areas .and/or distressed industrial areas. The second stems from tl~e ¢roa~th of •innovation centers ~vhicl~ attempt to facilitate the transfer of ideas from universities to private sector, entrepreneurial firms. The third source of development is private initiative, in which successful individuals or groups of im~estors have sought to transfer their o~vn experience with new ventures to star-up businesses, and devised incubator-like environments in order to help these ne~~ firms succeed. A fourth motivating factor, which in many cases is linked to inner city redevelopment efforts, is the desire to create jobs for lo~~-income individuals anc business opportunities for low and moderate income citizens. `'-~! What Arc Tlreir Characteristics? The primar)~ characteristics of small business incubators are: • Shared services to tenant businesses, such as: clerical services, management consulting services, and access to financial assistance. • ~ Affordable working space at below-market rent. • A congenial, supportive environment in which companies can acquire valuable knowledge from each. other and develop mutually beneficial trading relationships. • A parnersl~ip with the public sector, universities, comrriunity ~_roups, and private sector actors to attain its coals. ~ .• ~' 123 s Rc~•iscJ 3/1.4/95 . APPELLANT'S ~~ EXHIBIT ~- ~ -° Ho~~~ SuccessfuCAre The~•? ~. ~ '. Business incubators have proven themselves, during the past decade, as extremely viable vehicles for the successful development of small businesses. lf'hile Ihc~ failrrrc~ rale for small hxcine.rs s~ar~-ups irr general (drn•ing (heir frrsl •f >>e years) is X40 pcrccn~, the srrcccss rage of hrrsnc~sses ~hnt ger. ~heii~: s•~ar~ rn: an incnbalor is 80 percent! It is for this reason that the lt'I~~-1CDC has chosen to establish a small business incubator as a means of promoting economic development. .. .. !, «'hat About The ~'4'l\TACDC Business Incubator? ..> • , ., t ;~P,, The WNHCD.C, has .purchased three commercial condos and an•acre of land in the Hilton Industrial Pack. • Each condo .has, •1.500 square feet: with a mix of office space. and manufacturing ,or work space. The ~~'I~~I-iCDC has units. of ],500 sq. ft: , These units are leased at :below-market. rental raves to fledgling. businesses engagd in light manufacturing, service-related industries, research and development, and construction. . The facility, otherwise known as the VVilmin~ton Business Center, provides what is known in the trade .as "flex space",.which can accommodate, in general, businesses with needs of between 1200°.and 3000 square feet ofspace (in some cases;.more) which may include a combination of manufacturing, storage and office..., space. The ,location ,provides easy access to major arteries; the' airport, and downtownWilmington, and: the setting and environment is attractive and conducive to business activity:' • ., The basic purpose of the. incubator is.to provide a variety of business services designed. to help fledgling businesses in the critical star-up phase:. The basic services that~~yill be provided are as;follows: Space atbelow-market rental rates ... ~ ~~ • Referrals for management consulting services in various areas • Office and secretarial services Businesses maybe charged a nominal. fee for these services, ~+-hick; along with rental rates, may be raised according to the tenant's increasing ability to pay, and as the time for graduation ...from the incubator approaches. Normally, tenants will occupy space jn the incubator for a period of two years, after which they will be expected to "graduate" and find suitable and adequate. facilities in the community-at-large for their expanding business operations. (See Addendum I for current list of fees) F' Who Arc the Customers? The incubator will target small businesses that are en~.:aged in li~~ht manufacturin~- and/or service industries employing five to ten people, requiring a small amount of space at a reasonable rate. The basic condition 124 ~~ xc,~~scd3,td,9s APPELL ANTS ~~ ' EXHIBIT ~- that must be met is that they provide job opportunities for low-income residents. Tenants that locate in the ,~.' incubator must agree that 75 percent of the jobs created will be targeted for low-income individuals. ~'4'hat is a Business Plan? As art- of the a lication. rocess, an a licant is re wired to com lete a business lan. This Ian is th _, P PP P PP q P P P e complete explanation of how the owners plan to develop their business and attain ti~eir goals. ~~ This not only will tell us about you,, but most a plicants will equally find that in re grin the Plan it P P P g , causes them to consider all aspects of forming and operating the company in order to assure overall success. (See Addendum II for further information on ho~~~ to complete the Business Plan.) ~A ~. . _ , .- ;~ , ... ~. ~- . #~' ~ ~ 25 . .E'x~ ~r3iT ,B ~~'ilmington/New Hanover Community Development Corporation _. 511 Cornelius-Harnett Drive. .. Wilmington, NC 28401 A'P~P~ELLgNT'S (910) 7G2-~sss ~ EX H I B I T~ I :, .: . ~ ~~ .,~ .. a WILMINGTON BUSINESS CENTER APPLICATION PACKET THIS PACKET INCLUDES: 126 I. ELIGIBILITI' GUIDELINES II. APPLICATI01~1 PROCESS III. APPLICATION CHECKLIST IV. APPLICATION Rc~~iscd 3/l~l/95 B 1 t 1. The purpose. of the Incubator is to: • assist small businesses in the light manufacturing, service or research alid development industries • create employment opportunities for low-income individuals «~ilmington/IVe~~• Hanover Communit,• Development Corporation APPELLANT'S I. EliQibilih~ Requirements EXHIBIT ~ ~ 2. The business should be: • a developing business, or • a start-up business, . • able to create a minimum. of ~ jobs over a ?year period 3. The business o~~mer must agree; in writing, that: • 7~% of those hired will below-income uidividuals (according to 7 the most recent poverh~ standards published by the US. Department of Health and Human Services); but • The CDC (through its associates) ~~~ill assist ~~~ith training, if requested. 4. An applicant must sho~~~ evidence of need for the kind of assistance ~~~ the Incubator provides. ~. Ail applica~~t must demonstrate'~that he/she has a viable business idea. - ~ .. _ _ ~ 4 G. The CDC will actively and affirmatively seel: to ,provide assistance to qualified minority and female entrepreneurs. ,~ ~w~ 4__~ 127 ' ' ~ APPELLANT'S ~ ~-- 5, Operational Plan ~~`!..{ ~ B `~- Althou h `in art similar to our marketin - lan and em to ment lan this g~ P• Y gP P Y P concentrates more on your operation. This should discuss how you will run your .business. How do you envisage future growth? Again, this should be about one or two pages. 4 6. Key Management, Resumes - ~ ~' We need to know something-about the owners and their key management. This should. include past employment and experience in the business you wish to develop. 7. Independent References ~~;o n We need at least 'three references that the CDC may contact. _ ~. _ Z'es, it's detailed, and lengthy, but we think you will find it as helpful to you as it will be •~" informative for us.7 Starting up,a•business is very dernanding~,and challenging..We think ~ 1-~ the Business Plan will be a_ 'good reference guide to you. ,. • ~ ~ ., ... ,. .4, • f '_.• • r c .Z 1 . .•.n /~ ° .• . • ~x 32: - ~ ~ ,E'x h ~6%T C APPELLANT'S j' EXHIBI C T NORTH CAROLINA NEW HANOVER COUNTY THIS LEASE, made and entered into this the by and between the Wilmington/New Hanover Community Development Corporation (WNHCDC), 511 Cornelius Harnett Drive, V~'iimington, North Carolina 28401 (Lessor) and (Tenant), for the lease of Unit # VVITNESSETH:. ]. Subject to the terms and conditions hereinafrer set forth, Lessor does hereby let and lease unto Tenant, and Tenant does hereby accept as Lessee, a certain .portion of a building located on Cornelius Harnett Drive in Wilmington, North Carolina, said space containing 1500 square feet, as outlined on the floor plan of the building attached hereto as and incorporated by reference herein. The premises are to be used for and confined to the purposes of and for no other purposes without the expressed prior written consent of the Lessor. 2. The term of this Lease shall be for commencing on the ,and to end on the • 3. The Tenant covenants and agrees to pay to the Lessor the starting monthly rental of ~.~; ,on site at the facility manager's located at 5 ] 1 Cornelius Harnett Drive, or such other site as may be designated, made- out to the Wilmington/New Hanover CDC said payment to be made in advance for each month's rental on the first day of each month during the term, except that 1 'the rent for the first month of the term and a security deposit of one additional month's rental shall be paid to the Lessor simultaneously with the execution and delivery of this lease. The basic rent, any additional rent or surcharoes and all other sums payable thereunder to or on behalf.of Lessor .shall be paid without notice or demand, and without set-off, counterclaim, abatement, suspension, deduction, diminution or defense. Upon the expiration of this Lease and the return of the premises to Lessor in satisfactory condition as`described herein, Lessor shall return the security deposit to Tenant. However, should Tenant in any manner be in default or damage the demised premises, then Lessor shall keep all or such portion of Lease deposit as may be needed to cure the default or make necessary repairs. . 4. The Tenant ex ressl acknowledees that the remises have been urchased and/or P Y .. P P ~ constructed with public funds, that Tenants have been selected because of their potential success as new -~ small business enterprises, and that by becoming a tenant, Tenant agrees to: .. ,_ ~ . ;~ . ~ 33 511 Cornelius Harnett Dri~•c. ~Vilmineton. North Carolina 28~U1 - Tel: (910) 762-7iS> Fax: (91(1) 7G2-7~G.`+ ExHIE~IT e ~- A. "To pay all rent and other fees at the time and in the manner provided in this agreement; r B. To maintain the premises and any adjoining or outdoor space made available for use by the Tenant in the same condition as when received, less ordinary wear and tear or any damage covered by insurance, and to place no trash or obstructions in common areas available for use by Tenant; .... C. ~ • To make'no additions or.alterations to the.. premises without the express prior written , consent of the Lessor; ~ ~ . D. To abide by the rules and regulations for the operation of the WNHCDC Business Incubator; E. To maintain the premises free from recognized hazards that are causing or likely to } cause serious injury or death,. and to.maintain a drug-free. workplace; F: To abide by.. the zoning requirements of the City of=Wilmington, pertinent to the r ..incubator facility; . r G. To permit entry. by the Lessor at any. reasonable time to inspect the.condition of the premises and to ensure that Tenant is in compliance with the terms and conditions of ,this Lease; ,' ' ~~. ,., H. To acquire. and maintain at Tenant's own expense~throu~,hout the term of this Lease .:.general liability insurance, of not less than 5500,000.00, to include bodily injury and ., property.damage. The Lessorsh~ll not-beatable for. any damage or injury to Tenant, or any other person, or to any property, occurring on the.demised premises or any part. • thereof,' and Tenant agrees to hold Lessor,harmless from;any claims for damages,,no ' ~ matter;how caused. Tenant must provide Lessor with.a copy of,Certificate of Insurance. 5. Tenant shall not assign, transfer,.mortgage, pledge or otherwise .dispose of this Lease or any part thereof, 'or sub-.let the premises; or any ,part thereof or permit ,sa~id~ premi es to be occupied by any ;other persons without the .express prior written consent of the Lessor which shall. not unreasonably be withheld, provided the purpose of.the, sub-lease are in conformance :with ~ the general,. objectives of the incubator and the,,sub-lessee will conform}.with the re~ulations~ of the Incubator,..However, upon,the written request of the Tenant, the Lessor may sub-let the demised. premises orb any, part thereof.. Lessor may collect the rent from the assignee, sub-tenant or other occupant and apply the net amount collected to the .rent herein. reserved, but no~ such .collection shall deemed to be a waiver or release by Lessor of any obligations of the Tenant hereunder. ~ y , 6. During the term of this Lease, Tenant shall provide and•pay for all electricity, heat, water, ?--J sewer, and other utility charges, deposits, hook-up fees. or other sums which may become due and payable as a result of the Tenant's use of the demised premises. Tenant shall also provide for any and all janitorial services which are or may become necessary for the regular cleaning and maintenance of the ' ar~~a~d to the Tenant. 3 2 , 1 1 1 APPELLANT'S 3~ EXHIBIT C .7. Lessor hereby covenants with the Tenant as follo~~-s: A. Upon payment of the rent and performance and obser`~ation of t}ie aforesaid covenants, the Tenant shall and may peaceably and quietly Dave, hold and enjo}~ tl~e premises for the term aforesaid, provided, however, that t}~is covenant shall not extend . to any interference with Tenant's quiet enjoyment «~iiiclt may be caused by.other Tenants or occupants in the building. Two parking spaces are allocated per unit tenant. B. To make repairs to structural defects and deteriorations of the outer walls, foundation and roof in accordance with maintenance policies established by the Lessor. 8. It is expressly agreed that. if at any time durinL tl~e term of this Lease, the Tenant should be adjudged bankrupt or insolvent, or the interest or estate herein demised should betaken away from Tenant by operation of lain or any other legal process, such adjudication or determination shall terminate and cancel this Lease without further notice or action on the part of either party hereto, and Lessor may at once re-enter and take possession of the demised premises. Tenant shall immediately and without notice from the Lessor vacate tl~e premises upon tl~e occurrence of any of tl~e aforesaid event. In case of any termination of this Lease upon the happening of any of the aforesaid events, the Tenant shall indemnifi~ the Lessor for all loss -and damage which Lessor may suffer during the remainder of the term by reason of such termination, whether through loss or decrease of rent or otherwise. All personal property placed or moved in the premises shall be at the risk of tl~e Tenant or the owner thereof, and Lessor shall not be liable to Tenant for any damage to said personal property, or to Tenant, arising from the malfunctioning of an}~ plumbing or electrical services or from an}~ act of negligence of any co-tenant or occupants of the building or of any other person. 9. Should, the leased premises be ire any manner damaged by fire, flood, wind or other.casualty, the same shall be repaired at the discretion of and at the expense of the Lessor, }f the damage is so extensive as to render the building uninhabitable as determined by the Lessor, the rent described herein shall cease until such time as the building .shall be' put in repair and fit for occupancy again b}~ the Tenant. In the event of the total destruction of the premises in any .manner, the rent owed as described hereunder shall be paid up to the time of such destruction and from thenceforth, this Lease shall cease and terminate ~~~ithout further notice or obligation on the part of any of the partjes hereto.. l0. It is expressly agreed that if any monthl}~ installment of rent or other lease related payments as herein called for remain overdue and unpaid for 30 days, t1~e Lessor, at its option at any time during such default, may declare this Lease terminated and canceled and take possession of the demised premises as set forth hereinabove. 1 l . Ot}~er agreements: - t .~ ~ {__ 1.35 APPELLANT'S - -~ ~ EXH I BiT C ~' 12. This agreement shall be binding upon and shall inure to the benefit of the parties hereto, as well as their successors and assigns, during they entire term. of this agreement or any .extension hereof. Either party to this agreement may cause it to be recorded with the New Hanover County Register of Deeds. ... ~ .: . _ . t ~~ ~ . .. ~. . IN TESTIMONY WHEREOF,. the' parties hereto have caused this Lease to be executed in its respective corporate•na'rrme by its Executive Director and~attested-by its Secretary;;and sealed with its common seal, in duplicate originals,. one~~ofwhich is retained by each of said parties;,the-day'and year , first above written. ., . - - (Tenant) (Executive Director, WNHCDC) . _ - .. ' (Secretary) .. ,., - . .. . ~~ .,:. . - • • ~ •i .- ,. ,~ ._ .. .. .t, 136 4 I0~-278.7. Real and personal property us~~~•B~~' ~ ,~~ educational, scientific, literary, or charitable purposes. ~ (a) Buildings, the land they actually occupy, and additional adja- , cent land necessary for the convenient use of any such building ` shall be exempted from taxation if wholly owned by an agency -~ , listed in subsection (c), below, and if: ~ (1) Wholly and exclusively used by its owner for nonprofit edu- . ~ cational, scientific, literary, or charitable purposes as. de- fined in subsection (e), below; .or _ ~~ §lOa-27$.7 PROYERT~ SUIIJECT To TAXATION fi105-275.7 (2) Occupied gratuitously by an agency listed in subsection (c), below, other than the owner, and wholly and exclusively "°" • used by the occupant for nonprofit educational, scientific, • ~ literary, or charitable purposes. ~ (b) Personal property shall be exempted from taxation if wholly ~ ' ~ . owned by an agency listed in subsection (c), below, and if: (1) Wholly and exclusively used by its owner for nonprofit edu- . ~ cational, scientific, literary, or charitable purposes; or (2) Gratuitously made available to an agency listed in subsec- tion (c), below, other than the owner, and wholly and ex- elusively used by the possessor for nonprofit educational, ~~ scientific, literary, or charitable purposes. (c) The following agencies, when the other requirements of this section are met, may obtain property tax..exemption under this _ seciion: _ ---(1~-A-Charitable-association-or--institution, (2) An historical association or institution, (3) A veterans' organization or association, • (4) A scientific association or institution, ,~~ (5) A literary association or institution, . (6) A benevolent association or institution, or (7) A nonprofit community or neighborhood organization.. . ~~ ~ •(d) Notwithstanding the exclusive-use requirements of subsec- ._ tion (aj, above, if part of a property that otherwise meets the sub- `~ - section's requirements is used for a purpose that would require • exemption if the entire property were so used, the valuation of the ., part so used shall be exempted from taxation. .. (e) The fact that a building or facility is incidentally available to and patronized by the general public, so Ions as there is no material amount of business or patronage with the general public, shall not defeat the exemption granted by this section. ` (f) Within the meaning of this section: .. (1) An educational purpose.is one that has as its objective the ~ - ~~ education or instruction of human beings; it comprehends. the transmission of information and the training or devel- - opment of the knowledge or skills of individual persons: (2) A scientific purpose is one that yields knowledge systemati- ~. ,~ cally through research, experimentation, or other work done in one or more of the natural sciences. (3) A literary purpose is oiie that pertains to letters or litera- " " ~ ture (including drama), especially writing, publishing, and the study of literature. cj ~ (4)' A charitable purpose is one• that has humane and philan- '~ thropic objectives; it is an activity that benefits humanity or a sisnificant rather than limited segment of the commu- '' 37 pity without expectation of pecuniary profit or reward. The humane treatment of animals is also a charitable purpose. (1973, c. 695, s. 4.) ,~ APPELLANT' s3s A.C. 263 SOt?H EASTER?r' REPORTER. 2d SERIE~X H I B I T and that the car belongs to the petitioner, do not lead in an}• concei~•able wav. to the conclusion that petitioner ~ha< ~ failed to cam• his burden to sho~• lack of knowledge. The court has made no attempt to enter any findings with respect to the petitioner's knowledge of the purpose for which his car ~•as being used. But, factual determina- tions rnncerning what he knew, or had rea- son to believe, or to what uses of his vehide he actually or impliedh• consented, must be made before the fact-finder can answer the essential issue and before it can conclude that the petitioner has failed to cam• his burden. See State i•. Ricnz^dson, supra. • Perhaps the reason the court's findings prove so deficient result i'rom the total lack of evidence from which findings to support .such a conclusion could be made. All the evidence in this cy~ dictates the contrary conclusion. This is the second and most significant infirmity of the conclusion entered by Judge Bruce. The uncont-adict- . ed testimony of the petitioner is that he entrusted his c:r to Marino, a•ho, from the record before us, has. not beer: linked in_any respect to the transaction bet~•een Officer SteK•art on the one side, and !~ieye:•s and Diosley on the other; that petitioner a•25 in jail in ~t'ilmin€-.on when >ieyers and Mosley used his car to transport qualudes; tha; he did not know' and had never met those tu•o indi.iduals; and that he had not authorized such a use of his car, ;nor did. ne kno~r until approximateh• a week after the vehicle w•as seized, that it had been used in violation of the narcotics laws. The only permissible conclusion to be drawn from his testimony, which we emphasize is the only evidence on . the essential issue of kno~•ledge, is 'that the petitioner has czrried his burden of proving that he did not know and had no reason to belie~•e that his car was being used by \iey- ers and Mosley to transport controlled sub- stances. It follows that he •r?s entitled to the return of his car.. G:S. § 90-11? 1(c) . (1979 Cum.Supp.). The record discloses, hoK•ever, that, sub- seouent to the entry of the order of forfei• lure, the parties agreed to the sale of the car, and an Order of Sale Kz< thus entered on 13 July 1979. In that Order Judge Bruce directed that the proceeds of the sale 138 • which remained after the deduction of cer- tain expenses, be held by the .Clerk of Supe- rior Court of Onslow County pending the outcome of this appeal. R%e hold that the petitioner is now entitled to those proceeds. For the reasons stated, the judgment is reversed, and the cause is remanded to the Superior Court for the entn• of an Order releasing the proceeds of the sale of the automobile to petitioner. Reversed and remanded. - VVEBB and WELLS, JJ:, concur. N' O ~ R(TNUMBERST$1(N. i 45 J~.C.App. 632 In the Matter of the TA]~ABLE STATUS OF PROPERTI- CO'\SISTING OF A 10.5 ACRE TRACT OF L.4.~~ AND ALL IA1PR0~`EAfE'\TS .A.Ir-D AI,L PERSO\'AL PROPERTI' LOCATED THEREOF AT 1rO0 WEST EHR1?~'- GHAL'S STREET, ELIZABETH CITl, North Carolina, ON•ned byCarolina Gon- feience Association of Seventh-Day Ad- ventists, Inc. and Aiade A~•ailable to ~;•. R. Winslow. Aiemorial Home, inc. ?r o. 791 SC556. Court of Appeals of Korih Carolina. March IS, .1980. The Superior Court, 1'asquotank Coun- 'ty, Palph A. «`alker, J., upheld a determi- _ , nation of the Propert~• Tax Commission ex- empting certain propem• from ad valorem taxes. On ,appeal, the Court of; Appeals, • , Erwin, J., held that fact that nursing home. . made. paymenu to church in an amount equivalent to interest on Goan incurred by church !or expansion purposes and depreci- ation on propert}• did not prevent home from. occupying propem• gratuitously ~so as . , to be exempt from ad valorem taxes, in that property was being used for charitable purposes by a charitable institution. Affirmed. . f Taxation a2~ Fact that menu to church: .~ interest on loa` pansion purpos„Y ert)• did not pry propem• graty«~ from ad valor was being useG- charitable insti 7(aH2). (cHl). (~` This .action b( ens of Pasquot:, VS'inslou• Aiemc lion from ad ~•~ appealed to the sitting as the' Review. The I dered that the property by Pa.:a- and that respo be allowed. Tr. Pasquotank Cou Superior Courtier'; Propert}• Tixy~ conclusions u•en and affirmed th„ from ad ra/ores j ed. ~,' ~t'hite, Hall• by H. T. Mulieg Elizabeth Citr~ Pasquotank CQ t ~ ~ Afount, R'hit~• ,. "` Carden, by E. Carolina Confe.~ ~~ Adventisu, Inc.. rial Home, Inc. :~l Y Johnson, Ga% .; ', ; H. Johnson, P.t Health Care i ~" r ~ ERWI?~, JudF- ? Pasquotank that: "The Supei .:• the August 4. - north Caroli('~' which final < elusions, andL of law on the , `~~ action of cer- k of Supe- 4 nding the hold that the se proceeds. ~~udgment is sanded to the fan Order sale of the ;'~'u r. ~~E STATUS TING OF A .'r'D AAID SID ALL °`LOCATED T EHRIN-. ,TH CITY, r olina Con- enth-Day Ad- .able to R'. ~ rInc. arolina. ;nk Coun- v a determi- ~mmission ex- d valorem f Appeals, nursing home n amount curred by `d depreci- ?revent home ;usly sous taxes,. in t~~r charitable 4on. APPELLA~~1T'S EXF~IBIT 3 b1ATTER OF TA_~ABLE STATUS OF PROPERTI, ETC. N. C. 839 Clte as, N.Capp. 263 S.E_7.d 638 Taxation X241.1(4) Fact that nursing home made pay- menu to church in an amount equivalent to interest on loan incurred by church for ex- pansion purposes and depreciation on prop- erty did not prevent home from occupying property gratuitousl}• so as to be exempt from ad valorem taxes, in that property was being used for charitable purposes by a charitable institution. G.S. § 105-278.- 7(aX2)~ (cXl)~ (fX4)• This action began when the Commission- ers of Pasquotank County denied the W. R. Winslow Memorial Home, Inc. an exemp- tion from ad valorem taxes. The home appealed to the Property Tax Commission, sitting as the Board of Equalization and • Review. The Property Tax Commission or- dered that the assessment' of the subject propert}• by Pasquotank Count}• be set aside and that respondenu' claim for exemption be allowed. The Board of Commissioners of Pasquotank County petitioned for review in Superior Court. The court found that the Property Tax Commission's findings and conclusions were supported by the evidence ti and affirmed the order allowing exemption from ad valorem taxes. Petitioner appeal- . ed. White, Hall, Mullen, Brumsey & Small, by H. T. Mullen, Jr. and G. Elvin Small III, Elizabeth City, for the Bd. of Com'rs of Pasquotank County,. petitioner appellant. Mount, White, King, Hutson. Walker &. ., Carden, by E. J. Walker, Jr., Durham, for Carolina Conference Assn of Seventh-Day '` Adventisu, Inc. and W. R. Winslow Memo- = rial Home, Inc., respondent appellees. Johnson, Gamble g Shearon, by Samuel H. Johnson, Raleigh, for North Carolina Health Care Facilities Assn, amicus curiae. ERWIN, Judge. •. Pasquotank County contends on appeal that: , "The 'Superior Court erred in affirming the August ~, 1978 final decision of the ' North Carolina Property Tax Commission which final- decision made findings, con- clusions, and decisions affected by error ' of law on the part of the Commission and unsupported by substantial competent ev- idence in view of the entire record as submitted and ~chich final decision ad- judged that the assessment by Pasqua tank County of certain property owned • by respondent be set aside and that the property be exempt from ad valorem tax- ation pursuant to G.S. 105-278.7(ax2)." (Typed from material in all czps) We find no error and affirm the judgment entered. The evidence presented before the Prop- erty Tax Commission, sitting as the Board of Equalization and Review, tended to show the following. The W. R. WinsloR• Jlemorial Home, Inc. is a nursing home operated mainl}• for the aged and infirm located in Elizabeth City. The home is affiliated with the Se~•enth- Day Adventist Church and is funded partly through the W. R. n'inslow Foundation. The land on which the home is located was donated to the Seventh-Da}• Adventist Church by N. P.. F%inslow, who had a spe- cial interest in the care of the aged. The home is run as a nonprofit corporation sepa- rate from the church, although the philoso- phy of the Seventh-Day Adr•entist Church is obeyed in the administration of the home. The major application of that philosophy is in concern for the spiritual, emotional, and mental well-being of the patienu in addi- tion to concern for their physical well-being. There are no religious or other restrictions on entry, except that maternity, tubercular, alcoholic, mental, or drug addicted patienu are forbidden. All patienu must be able to pay the home's fee K•hen they are admitted. but that rule is violated is practice. The home does pay certain sums labeled "rent" to the Carolina Conference of the Seventh-Day Adventist Church, but that is merely a label of convenience: The sums consist of the interest on a mortgage, which the church entered into to provide funds for the expan- sion of the home. and a sum for deprecia= lion. The church accumulates the deprecia- tion for future capital improve a he home's auditor testified that~h S~~ere expenses which the home would have if it v: A~'~~LL/~IVT'S EXI;(BIT ~Q ° ?~. C. 26& SOUTH EASTERN REPORTER, 2d SERIES owned the propert},'and that the church. did not earn a profit from the, rent. The ad- ministrator~of the home felt that it was no longer possible to define a charitable insti- tution, as one .i•hich prodded services free of .charge, because the government 'now pror.ides funds for the indigent. He felt that the home was a charitable institution, because it prodded more ser~~ic`es than are coveted b}• government reimbursemenu.. '+fedicaid paid all or a portion of the home's fee for most of its patienu, but Medicaid placed a ceiling on reimburse- menu. ~ The home was not allo~•ed to charge the patienu or_ their families the difference between the ?Medicaid payment and the home's fee. '+iedicaid paid the home 523.00 per day for-{skilled care; the home's expenses for skilled care were 531.46.,, per day. 'Medicaid paid S?3.30 per day for intermediate • care; the: home's expenses .• were 5?4.S? The difference was made up by donations, chiefly from the ~`insloK`- Foundation.. \o patient -.had ever been; forced to le2ve the home because he or she could not. pay the home's fee. Some patient had been admitted u•ho did not qualii}• fo-'Medicaid znd who could not par- the fee: others ~•ere admitted before their hi'edicaid eligibility or other fee ar- rangemenu were determined. It was a pol- icy of'~the home to tn• to determine the ~~ method of pa}~nent before admission. ' There had been a surplus in recent years, after. donations,. which the home had used to air.. condition the original building. The home had no stockholders -and paid no divi- dends, Iu' assets Would be distributed to the church if the corporation were dis- . soh•ed. , The home was exempt from state and federal income taxes as a charitable institution. Exhibiu included financial statemenu. for the home from. 1974 through 1977, the constitution and b}•laws of the Carolina Conference of .the Se~•enth-Dar Adventist Church, the Articles of Incorporation ~ and Bvla~•s of the ~'. P.. R'inslou~ Memorial Home, Inc., wad a letter from .the home's administrator to ,the. Department of Social Serr' s co cerning. determination of Med- iczii~s~~rior to admission. The County contends that the decision holding the real property in question is ex- empted from ad valorem taxation by G.S. 105-278:7(ax2)•is :~•hol)y unsupported by ei- ther the findings of fact made by the Com- mission on the entire record as submitted, and in order for property to be exempted from ad ti•alorem taxation under 'G.S. 105- 278.7(x)(2), it is necessar}• tha"t the property be "~~holly and exclusively used by the oc- cupant for nonprofit educational, scientific, literary, or charitable purposes" and that if it is occupied br one other than the o~ net, it must be "occupied gratuitousl}•." In .considering this case, we ,agree ~•ith the statement written by Chief 3ustice Par-. key in bake Count}• ~'. Ingle, 273 N.C.4343, 346, 160 S.E:2d 62, 64 (1968). • "VPhat, is said in Southeastern Baptist Theological Seminar}•, Inc. v. lT'ake Coun- ty, 2S1 T.C. 773, 112 S.E.2d 525, is rele• want here: ~ . 'In this connection this Court stated in Harrison r. Guilford Count},, 218 ?`.C.` 71E, 12 S.E.2d 269, -that statutes exempting specific property from taxa- lion because-of' the purposes for which -such property is held and .used, are and ' should be construed strictly, 'when there is room for construction, against exemption and in favor of taxation (cit- ing cases). "'B.• the rule of strict constrvction; however, ~ is not meant that the statute shall be 'stintingly or even narro~•1}' construed ~ .. but it means. that ` ever}thing shall be:.excluded from its • 'operation which does not clearly come 'within the scope of the language used." Stacy, C. J., in State ti•. Whitehurst, 212 N.C: 300,,193 S.E, 657.' " Our determination will be made in view:of the above. ~ . Carolina Conference Association of Sev. enth-Da}• Adventisu, Inc. is a'nonprofit coy= potation with authority to hold title to and . operate. schools, churches, and medical facil- ities and "to carry on any line of religious, educational, benevolent and 'philanthropic work." The occupant and operator of ,the nursing home is R'. R. Winslow Memorial Home, Inc.; ti% North .Carol{: operate, and_ aged persons the propert}• .; extended cars,, expansion a:. loan obtainei.~ home makes r ciation which~j and deprecial I fated the dept In Wake C; 347, 160 S.E.: Court when f~~ lion held: (T)hat the'-"" ,twins and •~ ~, with iu use- rs a churcht _., es on Rhanr the church+~ gratuitously. leased prom and pa}•s th use of the (.-~ do to use prc religious pi'""~ owned this I it, it would'' pa~~ the'ezp•~ as church p~ constructioii~.~-I stinting cons clear that if this proper exclusively t be exempt fr and we so h in controver~J stiant `to G.: within the s~ gvage used comes. v,~ithir. r the constitut. section 5, th' purposesshi~ Plaintiffs' as. ruled." As in Ingle, ,i ~ amount equivor loan incurred b ciation of SevE"~ ,~ ~~` he decision stion is ex- ation b}• G.S. rted by ei- ~ y the Com- as submitted, exempted r G.S. 105- ` . die property ~d by the oc- 1, scientific, and that if ;n the oK•ner, I}•. ,agree with ..Justice Par- `Y'3 `.C. 343, e.~ Baptist ~,. .: Ti••ake Coun- -.'h',, is rele- ~~ou.^, stated _ Cocnt}•, 218 at statutes from taxa- ~ses for which ' ` ed; are and may, when ~ 'bn, against taxation (cif- ~~o,~nstruction, :at the statute narrowly means that ~~ ;.;.ed from its t clearly. come gage used." ,~ tehur5t, 212 In view of :iai:on of Sew norofit cor- title to and .., ' `dies! facil- e of religious, ~lanthropic . itor of the sio~• lfemorial t ~`::•: ~LLANT'S EXh I E3IT ~ 5 i11ATTER OF TA_~CABI:.E STATUS OF PROPERTY, ETC. N. C. 841 Gte u, N.C.App. 263 S,E2d 818 Home, Inc., a nonprofit corporation of North Carolina, with authority to "own, operate, and maintain. a home or homes for aged persons or senior citizens." In 1974, the property was improved to a 121 bed extended care nursing home. The funds for expansion were made available through a loan obtained from the association, The home makes monthly payments to the asso- ciation which includes interest on the loan and depreciation. The association accumu- lated the depreciation for future expansion. In Wake County v. Ingle, ??3 N.C. 343, 347, 160 S.E.2d 62, 65 (1968), our Supreme Court when faced with an analogous situa- tion held: "[TJhat the fact that the church main- tains and pays the expenses connected with its use of the leased propert}•, which ` is a church building and its appurtenanc- • es on Rhamkatte Road, does not prevent the church from occup}ing this property •. gratuitously. It pays no rent for the leased property, and me:eh• maintains and pays the expenses connected with iu use of the leased property which it must do to use properly the leased property for religious purposes. If the church had owned this leased property and' had used it, it would have had to maintain it and i pay the expenses connected with its use { as church property. To adopt a contran• construction would mean a narrow and ;_, stinting construction of the statute. It is clear that if the church were the owner of a this property which it uses wholly and exclusivel}• for religious worship, it would • be exempt from taxation. ~ It seems to us, ~r and we so hold, that to hold this property ;' in controversy exempt from .taxation pur- suant to G.S. 105-?96(3) comes clearly within the scope and purpose of the lan- gunge used in that statute, and it clearly comes within the scope and language of the constitutional provision of Article V; section 5, that property held for religious purposes shall be exempt from taxation. Plaintiffs' assignments of e-ror are over- ruled." As in Ingle, resgondent's pa}•ment of an amount equivalent to' the interest on the loan incurred by Carolina Conference Asso- ciation of Seventh-Day Adventists, Inc. for expansion purposes and the depreciation on the property does not prevent respondent from occup}ing the property gratuitousl}•, and we so hold. G.S. 105-278.7(a) provides: "§ 105-?78.7. Real and personal prop- er2y used for educational, scientific, liter- ary, or charitable purposes.-{a) Build- ings, the land they actually occup}•, and additional adjacent land necessan• for the convenient use of any such building shall be exempted from taxation if arholly owned by an agency listed in subsection (c), below, and if: (2) Occupied gratuitously by an agency listed in subjection (c), below, other than the owner, and wholl}• and exclusively used b}• the occupant for nonprofit educational. scientific, liter- ary, or charitable purposes." G.S. 105-278.7(c)(1) provides: "(c) The following agencies, when the other requirements of this section are met, may obtain propert}' tax exemption under this section: . (1) ?. charitable association. or insti- tution ." Thus, the determining questions are ~rhetq- er respondent is a charitable institution and whether it used the propert}• in question for charitable purposes. When presented with a simi]ar situation in Central Board on Care of Jewish Aged, Inc. v. Henson, 120 Ga Apo. '627, 630, 171 S.E.?d 747, 750 (1969); the Georgia Court of Appeals held: "Neither would the fact that the resi- dents paid rent according to their ability destroy the charitable nature of the insti- tution. Brewer v. American ~Nissionary Association, 124 Ga. 490, 52 S.E. 804; Williamson v. Housing Authority of Au- " gusts, 186 Ga. 673, 199 S.E. 43; Elder v. Henrietta Egleston Hospital, 205 Ga. 489, 992, 53 S.E.2d ?51. In the present case it . was shown that in 1967, a hich was stated to be typical of the monthly amounu paid by the residents, .more than 50.°0 of the residents paid less than maximum and of the 61 residents 11 paid nothing. The 141 i . • ANF'ELLANT'S ~~ .~ . EXHIBIT ~ 6 - ~2 '~. C. 263 SOUTH EASTERI\' ' REPORTER, 2d SERIES . record further reveals that the pa}•ments parties during their marriage to each other. • "~ 4. Parent and C;h made by the residents have been- insuffi- The District Court, Pitt Count}•, Robert D. "~~ Fact that f~ cient to cover the cost of the direct oper- Wheeler, J., granted temporarj• custod}• of ''• ~ to trial court's t sting expenses of the. home and the defi- ' children to count}• 'department of social` placing custod}• of cit was made up by contributions. sen•ices and ordered department` to place '` partment of• soc The purpose of-the home is to care for children in mother's home pending hearing to place them u the aged and provide for their .physical on the merits, and denied father's motion to on the merits_of n and mental .welfare. As is stated in . dismiss, and father appealed. .The Court of ~? - of children, Bid W~-, Bozeman Deaconess Foundation r. Ford, Appeals, Hedrick. J., held that: (1) father's null acid void: 1 ~ 151 Afont. 143, 148, 439,,P.2d 915, 91i:_ ' - , appeal from denial of his motion to,dismiss ~ , '~. The, concept of charity is not confined to , ~.~ subject to dismissal since not from a * r' the relief of the need}• and destitute, for 'a ed eo le re uire care and.,attention. . g p P q finaldetermination, and (2) trial.court had ~ •r This is an 'act " two mr`norchildr l apart from financial assistance, and the. subject matter jurisdiction to enter tempo- ; .,~ ~ ing their marriag suppl}• of this care and attention is as rari~ order placing custod}, of children with de a tm t f i l i complaint verifi -~ ~^ much a charitable and benevolent ur- p p r en o , soc a ,serv ces. filed 1 December, pose as the. relief of their financial Affirmed. she and :her hu~z wanu.•' , ., ~ ~ ~'e find "the opinion "in Central, Board on _ , . ' i ` "' • -` - _ . rated':-on 3 :April dren, Margaret'1~'` Care o! Jewish Aged, Inc. c-. Henson, supra, • 1. Appeal and Error ~- 78(5) .' ~ ~ and Ed~~ard Cla~ ,~ persuasit•e; and we hold that the property, in question tt•as properl}• exempted from ad ~. .Denial of motion to:dismiss is not a ~ ' ~ ~ remained with h'ei = ralorem taxes, in that it-was bein used for g _ final. determination but is an interlocuton• ~ Pitt Count}•, ~~ their father on ~~ a charitable purpose bj• a`c}iaritable institu= ruling and thus, ordinaril}•, no appeal lies. i• ` _ ' icked u the c:: tion within the meaning of G.S.' 105-278.- therefrom: G.S: § 1-2Z7• ~ 7 ~ P sit on 1 Octobe 7(f)(4), G.S. 105-275.7(x}(2), and G.S. 10~= ~ "; 2 Parent and Child a2(~O). ~ + . not see~them ag; When the record before us is re~•ie'wed as Where trial court neither had nor pre• " although she tall n whole, the e~•idence clezrl}• justifies 'the tended to• have personal jurisdiction over ~ ~ , on three occasions. Commission's decision. The judgment'en- father, and obc•iously children were not his a • ='. Plai'ntiff' attar t hi h h tered below is propert} , deni l of fathers motion to dis- ~ ,. er w c s e r• ~ Affirmed ' miss mother's' action for"custody of two ' 14 October 197g i. . _ minor children did not constitute' determi- that he ~•as taki,~r~ ROBEP.T M. MARTIN and WELLS; JJ., ~ nation that affected substantial righu n'or =' '~ ~ long 8-. extende l " e concur. did ii constitute adverse ruling as to juris- not et her tak .: • , , diction over person or properti~ of father, tt•as truing to do t - and thus appeal from such order'`K•as-pre- for them. - In O SRLT NUMB(R $!SIIY mature and subject, t0 •.~ dismr55a1. G.S. plaintiff learned ;;, .. ..§,.1-2i7(a, b). '"°;„, ee of`duPont, had- . ~ ~ ford, Delaware.,`} i '~ 45 N:C.App.'666 _ ,3. Parent and~Child x2(5); " ~ ~ that on 29 ?rot' ~ 1 D l Helen R. BROADDLS Trial court which.found that children ~ ~' ? e aware, picker. • ~ were present in, North Carolina when. moth- . •s • • brou ht them baci g t•' ' _ er's action for their custody was commenced v Upon the film Clarke ,R. BROADDUS. and temporar'}• custody order :was entered, °.` Chief District ~„~ _~No..793DC801.. :; and which had personal jurisdiction over `• ?. Whedbee entered ; Court of Appeals of North Carolina. •• mother; had authority to enter temporary ber 1978; granting ' . ~' March 18, 1980 order placing custod}• of the children with ` children~to the ); : . ~ count}• department of social sertices and• ~ '' ~ Social Services ar ordering it to place them'tt•ith mother Pend- _ , merit to place t s Action was brought by mother for cus- .ing hearing of cause on "the merits.:. G.S. •~ ~ ~ their mother pen Cody o.* two minor children' born to' the § 50-13.5(c), (dx2). ~ ' .` ' , its. , 142 ~ r . ~4 ~~ .. ~, : \~/ APPELLANT'S 6? ~: '~. C. 160 SOIITH EASTERN REPORTER, 2d~SEpIES " I "The ~:•riter continues: `Estoppel is most irequentl}• applied in cases im•ol:•- ing consti:u:io :al la::• n•here persons, in some marne.-, partake of advantages un- der s:a;uus. The .rule is n•ell settled that on: ::•ho voiun;arily proceeds under a s:a:ut: and cla~~ts benefits thereby con- ies:ed ~:•i11 no: be heard to question its co: s:i:u:ieaaiir}• in order to avoid its burdens. Cer tainh• such a person ~:•ill no: be allon•ed to retain his ad:•antage o: keep his co.: sideration and then re- pudiate the ac; zs unconstitutional. This principle applies also to questioning the rules or actions of state commissions.' "\ioreover, in Cameron v. ?McDonald, sup: a, this Cou:, said: 'It is the general rule, subject to certain eeceptiors, that a defendant may ~t•aive a constitutional as well as a s:atutor}• provision made for his' benefit * * * and this mey be done by express consent, b}• failure to assert i; in apt time, or by conduct in- consistent with a purpose to insist anon i:,' citing State ~•• Hartsiieid, ]SS \.C. he constit~tior:aiit}' of G.S. ~ 11 :-119 (b i :vas attacked b a pctitionu ::•ho was seeki: ~ sCl101a.-Ship benefits pro:•idcd b.• said statute in the case of Ramsey v. \orth Caron: a \'cterans Commission, 261 \.C. 6,=• 13~ S.E.2d 6.9. The superior court dznied relief to the petitioner, and in ai- fi: n:i::g the action of the superior court, this Cot:rt stated : " * * * she may not c~:s:ion the constitutionality of the !1ct upon which sae bases her claim." L~pon accepting the benefits under the statute, defendants are precluded from at- tacking the statute, the jurisdiction of the court to enter the order pu;tinb plaintiff in possession of the prop:rh•, or the iaii- ure of the plaintiff to strictly comply ~:~ith the provisions of the statute n•hich defend- ants attach. Defendants may proceed in the cause to determine just compensation under G. S. Chapter 136, Article 9. This cause is remanded to the superior court of Durham County fora determina- tion of just compensation under provisions of G. S. Chapter 136, Article 9. Remanded. HL'SI:I'\'S, J., took no part in the con- sideration or decision of this cast. O ~ ^P .u.u. s~^u 2:3 X.G. 333 WAICE COUNTY and City of Raleigh, a municipal corporation v. Ben H. INGLE, Sr. No. 524. Suprcutc Court of Xorth Carolina_ March ^0, 19G~. of an exemption s: tattoo rt~„ tvas excml usl}• by one ot} if it tt•ere of+•ner, tvot lion. .4tiirmcd. t• Statutes aI90 11'hen relet•ant Iar. Zlsion f d unarnbiguo~; or construction be gi:•en effect accordir. obvious meaning, G•S• ,f Const. art, ~, ~ 3. 2• Taxation a204(2~ u atatute providing in . Propen be exempted from reli trholl}' and e~c1c gious t+•orshiP ii latt•fL held bi• churches or religio: ~occupicd gratuitouslti• b}• o: owner tvhica; it it n•e: and una exemption undo, ost t• lion, G SbtBuous and requi: ec ~ 105-?gG(3). 3. Taxation 0244 That church maintained Penses prope:tycd,dcaed with its use g not pre1•e chore. cuP)•inn Sg = t~itoush•'• k iihin tr ernptio sc. ti•a aemPted to ~~•hereby certai: occu one other than Pied ' o:v oa• grata: her, would her which, is 4• Taxa • qualify to; eeemp: ~ Lon X244 G \ichois on Eminent Domain, Third L•dition, ~ 3&.331(-'). p• 6~-', states: "I; is undoubtedly the la:v that art o::•aer of land taken by virtue of emi- r.:n; comain proceedings n•ho has ac- cepted and be:n paid t're a::-ard of dam- ages Cannot a?ter:cards contest the valid- i:.• of the talon„ either directly or co]- laterall;•, or seek to recover or retain possession of his land, no matter host, fundamental the defect ir. the procced- Civil action to collect and foreclose certain tax assessments upon real estate. .4iter hearing upon a ::•aiv:r of jury trial upon stipulated facts, the Superior Court, 1\'ake County, T. 11'illiam Copeland, Spe- cial Judge, adjudged the real*.;• to be exempt, and the county and city appealed. The Supreme Court, Parker, C. J., held that the fact that a church maintained and paid • expenses connected with its use of ,lease property did apt prevent the church fro occupying "g,-atuiiousiy" ~:•itain the term where realty t:•as leased to try church which u•as duly and religious body °rganixed and exclusit•el}• for nd used premise, exg no rent but mainta~ous t~•orshi Penses connected kith u eg and property k•as exc,•npt fro § ]05- G °{ pre 29 (3) 'n taxation, This ' ~_ rs a civil a c]ose certain ction to collect estate tax asses and heard dents uPo~ upOa a k•aive 143 r of ;ury t. a tinder the 'cd f: om at- :action of the :in, plainfiif or tl:e iaii- comply Keith ::Sica deiend- :'re cause to .:nder G. S. the superior a do:ermina- .c: provisions ?• -: is ne con- s case. .f Raleigh, ion arulina. ~.^d ioreclost : real estate. of jury trial ?c: for ,.Court, :peland, Spe- ro be exempt, ?caled. The i., held that :tied and paid ae of leased church from :in theme..-rs 1 APPEI L AI "' x ~ ~ ~~ S WEE ~o»~ o. I~GI,>; ~ } Cite as 160 S.E .d G- EXHIBIT ~ 8 ~~• of an exemption statute ~~•hereby certain upon stipulated faces agreed- to a^d ~i;ned ~ property= eras exempted- ii occupied "gra- br counsel oa eithr. side after the com- 4 tuitouslp" by one other than owner which, plain: and answer fad been ~iiled. would qualify for exemp-. ii it ~eerc owner `' , fact arc in es- :The releeant stip_latcd lion. serce "as iollo~~•s: (1) That ~~'a]:e County :~ifi:med. is a body- politic and corporate of tha State of \orth Carolina a^d the'city of Raleigh I. Statutes 0190 is a municipal corpo: ation of ~~•ake County, t~'hen releeant language of statute is Aorth :Carolina, a^d~ each cor;.o:anon has plain and unambiguous, there is no oc- po~eer and autho:i:}' •to assess.' leey; and casion for construction and statute must collect taxes against : eal and personal prop= ~ be gieen effect according to its plain and ors located ~rithir. :heir- respec:ice bound- s ~ obeious mcanin G.S. ~ 10_-396 and a g• ~ ('): ~ ~ o aric_; (_) that cefendant In_:e is the ~. Cotist. art ~, ~ ~. owner of a eertai:t •:ot of realh• located in '~~ t " ' Raleigh To~enship,,,\Cake Couaty, ~~•ithin : t'. 2. Taxatlon 0204(2) the ;axing authori:e~oi each piai:::iii, which ~~. Stat:ae prodding in effect that there and rcal:p is Zesc:ibed ?a:.icu'.a:iv ~v me:es ~~_' should be exempted from taxation certain , boards; (.i) that :!:a realty was leased by ~~' property wholly and. exclusiveiv used for defer cant to tae Trustees of the First :.;. religious worship: ii la~~•iully owned and ~lissiora ry~ Chu:c of Raleig'r., \orth Car-. z=. ~ held by churches or reli ions bodies of ii g _ olira,~br a wntte:i lea_e whica is incor- i' <. occupied g: atuitously by ore other than pot aced in tae : ec~:d : (~) iriaL the Firs: , is. owner n•hich, ii it were o.vne:, would qua!- \Iissiora:e Churc:: of Rale~ga, \orth,Ca:-. K' ~; ify for exemption under Sta:L':e, was. clear "' oiina, is a duh• or n:zcd c u::a and :eli- ^; and unambigvous and required no cons:: uc- t;ious i:od j•, and :at the above described Fi lion. G.S. ~ 10:-?96(3). premises are used ;wholly and exclusieeiy '~ • 3. Taxation x244 io: :eiigious wo:shi?; (:) ilia: deiehda::: , i rreiees no :eat :tom :he said rirs: \Iis- ~~~ That church maiataincd aad paid ex- sionzry Church io: :he use of life property ;~: penses connected with. its use of leased although the said church is to maintain '~ rope:ty did not reveal church from oc- p p and... pay the expenses connered with its cupyin, ";ratuitously" within terms of ex- use of the proper-•; (6)-that the said emptior. statute ~~•hereb~• crtain proper•y lease is in full force and eiiec•; (i) that u•as exempted if occupied "graruitously" by riaintiiis ha.•e Used the leased realty for one other than owner which, ii it we: a taxation and assessed the realty for taxa- o~nie:, would qualify io: exemption. lion against defendant, and defendant has consistently asserted that the said realty is ~- • <. Taxation <~24d % exempt from taxa::on by eirtnc of G.S. «~tere realty yeas leased to trustees of 10:-396(3); and iS) defendant has not church which was duly organized church. .paid any ta_ees upon thr propem in con- and religious body and used premises wholly- troversv. and exclustvcly sor rcb¢ious worsntp, pay- ing no rent but maintaining and pacing expenses connected with use of .property, property eras exempt from•taxation. •G.S. § 10:-296(3)..:.: _ _ • ' This is a civil action to collect aad fore- close certain tax assessments upon real estate heard upon a ~vaivcr of jury trial t pon the stipuiared facts Tudge ,Cope- land adjudged and dereed that the .realty described in the complain: is exempt. from taxation, that the p:aintiiis recover nothing: of the defendant as ad valorem taxes for the period covered in this action, that no lien attach to sate propef-ty by vi.:.ue of .• the taxes levied, a-d that ::•te costs o: this action be :aecd ag::nst the pla::.tiiis. APP~.LLANT'S ` ~ '~. C. 160 SOIITH EASTERN REPORTER, 2d LSE~Si I ~ I ~' 1 1 ,~ From this judt^nent plaintiiis appeal to the Supreme Cou:.. Tohn A. Robertson, Raleigh, for plain- tiii appellants. ' The 1961 General Assemble amended G.S. ~ 1OL296(3) by inserting near the middle the cords "or occupied gratuitously b?• one other than the owner ~yhich ii it n•ere the on•ner, would qualify for the exemption under this section." t ~. ~~ < ; 1~ l'zu~ha:: S. ~\'inborne, Raleigh, for de- icndart appellee. ?.~RI:.R, Cniei Tustice. Plaintiffs hzye tn•o assignments of error reeding as iollo:ys: "The plair.:iiis except to the failure of the Cour-. to ffind as a ffae: and zs a eo^- cl_sior. of iao• that the defendant is not exempt from taxation by yinue of the proyisio^s of G... 10:-396(3). "The plain:iiis except to the judcrnent allo:yi-s the defendant to be exempt from ;axa:ion b?• virtue of the provisions of G.S. lC:-396(3)." The \o:tit Carolina Cors:itution, Article ~, section :, declares in respect to prop- e:•s?• cee.-tp::tom :zeation that "the General Assembly a:ay exempt ceme:erics and p:op- ert?• held io: educational, scientific, Iite: ar?•, cultu:zi. chari:abie o: :eiieious purposes l'e:s::an: to :ha: eors:itu:ional authority, the G:ne:al Assc-3bi?• enacted G.S. ~ 103- x95, n•hich reads: "The iollo::•ing : ezl propene, and no other, shall be exempted from tzxation: "(31 B~ildin~s, ~:•i:h the land upon which they a: t situaud, lan•fuli?• o~yned and hea by chu: ches o: religious bodies, ~yhoiie and exclusively used for religious ~yo:ship or io: the residence of the minist:: of an?• such church or religious bod?• or occupied grat•~itousi?• be one other than the owner which ii it n•ere the or.-ter, .yould oualii?• for the exemp- tion wade: this section, together ~yith the additional ad•',acent land reasonably necessar?• for the convenient use of an?•• such building." \~'hat is said in Southeastern Bap;is; Theological Seminary, Inc. ~•. \~'al:e Count?•, 3:1 ?~.C. ii., 112 S.E.2d .35, is relet•ar.: here: "In this connection this Court state;: in Harrison ~•. Guilford Couate, 31S'\.C. i1S, 12 S.E?d 269, that statutes exemp:- ing specific property from taxation be- cause of the purposes for «•hich such propen?• is held and used, are and should be construed s:rictl?•, ~yhen there is room for construction, against exemption and in favor of taxation (citing cases). "'B?• the rule of strict construction, hou•eye:, is not meant tha; the statute shall be stintingly or even narrowle co::- s:rued but it mezns that cver?•- thing shall be e::cluded iron its operz- tion ~yhich does no: cleat]?• come ~:•ithin the scope of the 1an;uzge uses:,' Stac?•, C. T., in State v. ~l'hitchu:s:, 21? \.C. 300, 193 S.B. 63i, 113 A.L.R. i~0." [1J V~•'hcn the relevant language of a statute is plain and unambi;uous, there is no occasion for construction. Such bein; the case a statute must be given effect according to its plain and obvious mean- ing. S2 C:T.S. Statutes ~ 322b(3) at iii and ~S3. [2J The ~yords used in G.S. ~ ]0.-?96 (3), as it is nor a•ritter., are clear and unambiguous and reouire no construction. So far as relevant here, these words meta that realty owned and held be churches or religious bodies, wholly and cxclusiyele used for religious worship or occupied gra- tuitously by one other than the o:yner ~yhich, ii it ~yere the owner, will. qualify for the exemption under this sectio The relevant stipulated facts are these: (l) The property which is the subject 45 matter of this the Trustees c of Raleigh, ~ said church is TUtg10L•s bOd; used ~yholie worship; and no rent from said propert?- required to m connected ai The panics sc:ib:d in the the stipulated lease rite pro; in per:: "Ti sideration off covenants he: filled b?• tht and lease to to begin as c to terminate rain lot of la building and [3, 4J The in Blaci;'s I side: a:ion: ` hold, teat :h~ rains and pa.• its use of th• church build: Rhamkatte i church from tuitously. I: the e_~penses leased proper properl?• the purposes. I: leased proper have had to persts eonn< propene. T lion ~yould construction that if the c: property n•hi siyd?• for n exempt from 3b~ S.E.2C- a:nerided G.S. :: the middle :ously by one fit were the .e exe^:ption :tern Baptist .t'akc County, =; 'is relevant Court stated tufts exempt- taxation be- whica such e and should :iere is room :e:nption and easesl. . construction, .. ;he statute -a: rou•i}• con- es :ha: cver.•- s:n is opera- conic n:thin _scd.' Stact, _~.. ?, ~ ~.C. ~. ri~0." ::gua~e of a sous, ;hc:e• is Such being _ :ea ctiect ;vious mean- 3) ar:ii and _. ~ 10.-396 c cites: and :onst-,:ctior.. :words mean churches or cxdusiveh• ,ccupicd gra- !wncr n•hich, :iii} for tfic :are These: ate subject APPELLANT'S ~~~ I ~ I i ~ . ~ ~ ~~. o. . ~> _ s~ ~ - CSte as 160 S.E.=d 6S matter of this litigation has been leased to n•e so hold, resat to hold this propert}• :n •co:t- the Trustees of the Firs: ~fissionan Church troversy exempt irons tae:aion put s_zat to of Raleigh, North Carolina; (3) t.'~at•the• G.S. § 10: ?O6(3) eo~es clearly wit$in the said church is a duly. organized, church and scope and purpose of t're language. sed in• religious. body, and :that the , proper ty . is that statute, and it trees: i}• comes ~: i; :.~ the used wholly and exclusively for religious, scope nest laagi:age• o: tae •c_onsti:•.aioral worship; and (3) that defendant receives provision o:article 1-, section :, tci: prop- no rent from said church for the use of ertv held for religious p_r^oscs s:.all be said propert}• although the said church is exempt front taxatio^. Plaintiiis' assign- required to maintain and pay the expenses ments of a:;or are occ::aied. eoraected with -its use of the propert.•. The parties stipulated that the lease de- Tne juc°xent below is scribed in the pleadings is incorporated in the stipulated facts b}• reference. In this .~fiirmed. lc~se the property is described as follows, ir. part: "That the said Lessor, in con- IiC_Ri\" T., tot's -o part in ::.e con- sideration of the tears, a;regiments and sieratior. cr deciscr. o: :ais cases covenants .hereinafter set forth to be ful- filled by the Lessee, does hereby demise and lease to-the said lessee for a period to be;in as of the date of this lease and o fnr•:-«~:~:-c-- to , terminate as set io: to bclou•, .that ce: - fain lot of land, ;oge:ire: with the ehurctt ~, building and appurtenances.located. - • (~,4J The word "~:atuitous" is defined in Black's La~v Dictionary, -tth ed., as follows : "Without valuable or • legal con- sideration." It is out ooiaion; and we so hold, that the fact that the church main- tains and pa}•s the expenses connected with iu use of the leased o:operty, which is a church building and itst appurtc~anccs~ on Rhamkatte Road, does not prevent the church from occvn}•ing this propert}• gra- tuitousl}•. It pa}•s no tent for the let-sed property, .and merely. maintains and pays the expenses connected with its use of the leased property, which it must do to use propert}• the ,leased propert;• for religious purposes. If the church, had on•ned this leased property and had used it; it would have had to maintain it and pay the ex- penses connected with its use as church propert}•. To adopt a contrar}• construc- tion would mean a narrow and stinting construction of the statute: It is clear that ii the church eve:e the o~vn~r of this propem• which it uses wholly and exclu- sivel}• for religious i~•orship, it would be exempt from taxation. It seems to us, and 160 s.:.2C-S Max S. h1tLL~.EIR • v. Wineie Clarice MILLER. No. 2i 8. Suprtm. Cour- of Xorh Carob=a. Jl:arch .`0; 1965. ~c:ion by passenger against drive: for damages for personal injuries sustained in high.~`ay accident. -The Superior Lour;, \teckienb;:r; County, Libe:. S. Pee?, ir., J., granted a motion to strike defenses :elating ~ ~ to failure ei passerge: to use seat belt,, and appeal was taken. The Supreme Court, Sharp, J., acid, incr. aria; that since d_e care is measu: eri by the ratomary condLC: of the reasonabiv ~rvdent ma,, :cant use ~•hich the average motorist makes of his seat belt, plus lac: :ant these is ^o s:ancard for deciding r•aen it is =egligence not :o use a^ available :eat belt. .-dic::tes that ~o dut}• should b~ imposed u?on motorists :o use ^ them : ou:iael}• ~-•he: eve: they travel upon ~ L ` EXHIBIT ~'! = ~~a 330 t`• C. 316 SOUTH EASTERN REPORTER. Zd SERIES r r ~~; ~~l quent change by biz. McGraw. The conclu- sion that the newl}• discovered evidence will probably result in an affirmative answer in plaintiffs favor on anew trial of Issue No. 6 is. fulh• supported by the evidence. By his final assignment of error the de- fendanu contend that the court erred when it granted a new trial as a .matter of law and not in the exercise of aiscretion. We disagree and hold the judge acted properly. After stating his separate findings of fact and conclusions of law, the .judge decreed: For the foregoing reasons, the Court now grants the Motion of the Plaintiff for a new trial as to Issue = 6 and orders that the case be set for a new trial on said Issue. We hold this ruling to be a discretionary .one. As noted earlier, the motion before the court a•as .made under Rule 60(b)(2). This rule allows discretionar}• relief upon a proper sho~•ing. On the facu found and conclusions made we find no abuse of dis• cretion in ordering a new trial. Sink. t:. Eastcr, 285 N.C. 1S3, 21 i S.E.2d X32 (1970. But see and compare Carter r. Carr, 6S ?~.C.Aop. 23, -. 31S S.E.2d 251, 283 (198;). Affirmed. HILL and BECTON, JJ., concur. w p 5 cN ~u~ntt SrSil~ T personal property o~-ned by an incorporat- ed research institute, and the corporation appealed. The Court of Appeals, Hill, J., held that in view of substantial control exercised over personal property in ques- tion by such nonprofit corporation and by contractor at facilit~• in question, contractor was acting as agent for the nonprofit cor- poration in iu.use of the personal property, and such nonprofit corporation controlled the ultimate purpose for ~•hich the proper- ty was used, and the personal propem• was therefore "a•holl}• and exclusively used" by such nonprofit corporation as iu owner, and qualified for exemption. Decision of Tax Commissioner re- versed, and case remanded. 1. Taxation «241.1(2) Question of what is meant by "wholly and exclusively used br iu owner" for pur- poses of exemption from ad valorem taxes on personal propem• wholl}• and exclusive- 1}• used b~• o~•ner for nonprofit educational, scientific, literan• or charitable purposes was. for purposes of appeal, question whether pu:-pose for ~~•hich the propert}• was being used was ultimatel}• controlled b}• the co.poration seeking exemption. 26 li.S.C.A. § ~03(c)(3): G.S. §§ 105-278.7, 10~-275.7(b)(1). 1 t ~~ .~ `~~ In the Matter of The Appeal of DfECIiLE'~BURG COL~'I'~'. ?~ o. 831.0 PTC9 i 3. Court of Appeals of North Carolina. June 19, 1984. The State Propem• Tax Commission denied exemption from ad valorem taxes on 2. Taxation «241.1(4) In ~ieu• of substantial control exercised over personal propem• in question by non- profit corporation seeking exemption and br contractor at facilit}• in question, con- tractor a•as acting as agent for the non- profit corporation, in iu use of the personal propem•, and such nonprofit corporation controlled the ultimate purpose for which the propem• was used, and the personal propem• ~•as therefore "wholl}• and exclu- siveh• used" by such nonprofit corporation seeking exemption, aS iu owner, and quali• fied for exemption from ad valorem taxes. G.S. § 10x-278.7. This is an appeal by Electric Power Re- search Institute, Inc., from a denial by the 47 North Carolina for exemption personal proper Previousl}•, the of Equalizatior County Tax St the application Institute for ex Board of Cour. the decision to Tax Commissio as the State Review, heard reversed Meck Equalization at Grier, Parke: Gage 8. Presu and Gary C. I~~ Ruff, Bond, Hamlin L. R'a • HILL, Judge Electric Pow (hereinafter "i ration incorooz District of Colr al states, inch members cons cooperatives. research relate has been gran. Section 503(c)( Code and prior had been gr North Carotin: use tax. EPR~ ed exemption side of North In adaressin peal, the \ o: Commission heard the ma; following pert: EPRI is en6 projects in Me a real estate search Park North .Carotin: owner of per: EX ~ ~ B ~ I .J~ ~ v }• an incorporat- the corporation .ppeals, Hi11, J., stantial control operty in ques- aoration and by ~tion, contractor e nonprofit cor- -sonal property, ation controlled :rich the proper- al property was :sively used" by . as iu owner, mmissioner re- ' giant by "wholly owner" for pur- l, valorem taxes :and exclusive- ~:it educational, ;table purposes peal, question the property ateh• controlled exemption. 26 ~§ 106--278;'7, ontrol exercised ''. uestion by non- exemption and ~ :question, con- ' ~t for the non= of the personal ~! lift Corporation '; •pose for which :d the personal. iolh• and exclu- ofit corporation ~t'ner, and quali- valorem taxes. :r is Power Re- ~ a denial by th148 APPEAL OF biECl{LE\BURG COUi`ITY N. C. 331 Cttc u 316 s.F..2d 130 (I~.C.App. 1984) ~ .._ R '' i ~: _~ :. -~ ~+ i~:'' s. :: F, .. '!• North Carolina Property Tax Commission for exemption from ad valorem taxes on personal property in Mecklenburg County. Previously, the Mecklenburg County Board of Equalization and Review reversed the County Tax Supervisor's decision denying the application of Electric Power Research Institute for exemption. The bleclTlenburg Board of County Commissioners appealed the decision to the North Carolina Property Tax Commission. That Commission, sitting as the State Board . of Equalization and Review, heard the matter de novo, and reversed Mecklenburg. County's Board of Equalization and-Review. Grier, Parker, -Poe,, Thompson,' Bernstein, Gage 8. Preston by W. Samuel Woodard and Gary C. Ivey, Charlotte, for appellant. Ruff, Bond, Cobb,- Wade g McNair b}• Hamlin L. Wade, Charlotte, for appellee. HILL, Judge. Electric Power Research Institute, Inc.; (hereinaftez "EPRI") is a nonprofit corpo- ration incorporated under the laws of the District of.Columbia. It ooera:es in sever- al states, including tiorth..Carolina: Iu members consist. of electric utilities and cooperatives. EPRI engages in scientific research related to the power industry. It has been granted tax exempt status under Section 503(c)(3) of the Internal Revenue Code and prior to the bringing of this suit had been 'granted exemption • from the North Carolina income tax and ~ sales and use tax. EPRI had heretofore been grant- ed exemption from ad valorem taxes out- side of North Carolina. - In addressing 12eck1enburg County's ap- peal, the North Carolina Property Tax Commission (hereinafter "Commission") heard the matter de novo, and made''the following pertinent findings of fact: ~ • EPRI is engaged in. two.. major research projects in Mecklenburg County. It leases a real estate facility, in the university Re- search Park area near the university of North Carolina at Charlotte. EPRI •is the owner of personal property having an ad valorem tax value of S767,607.00, which was located in the real estate facility. On 1 February 1980 EPRI entered into a master agreement with J.A. Jones Applied Research Company (hereinafter"Jones"), a for-profit company, to perform two major research projecu. The personal ,property in question is being. used in connection with the performance of the .two projecu by Jones. One project is being supervised by Gary Dau, an employee of EPRI, w•ho re- s•ides in California. Mr: Dau was at the Charlotte plant twenty-one days- beginning 1 January 1982 through October, -1982; ~ and it was anticipated that he would be at the plant an additional ten days through De- cember, 1982. The other project w•as su• per~ised -by Joe Danko, an employee of EPRI, and he also lives in California. lir. Danko was ac the Charlotte plant ,twenty days from 1 Januan 1982 through Octo- ber, 1982: and it w•as anticipated that he would be at The plant an'additional six days Through December, 1982. The number of days spent b}• each EPRI emplo~-ee is rep• resenadye of the' number of days any suc• terror might be at the plant. -Both EPP.I emolo~•ees were present to supe:•~ise the respecti~ a projecu in accordance with. the master agreement. Al] other employees at the Charlotte location are employees of Jones, the number of such persons being about fifty. EPRI has approximately i00 employees, including administrators and scientisu, who plan and manage research primarily carried out through other organizations. Most of these employees reside in Califor- nia. The resulu of EPRI's research are published and made available to utility companies and to the public. Jones does not lease the personal proper- ty owned by EPRI. Nor, does EPRI re- ceive any rent or other• income from Jones. EPRI pays w•.Jones its.cosu and a fee for iu services under the master agreement. Based upon iu findings of face and iu 'rules of statutory construction, the Proper- tc Tax Commission concluded that G.S. lOr2i8.i(b)(1) does not allow .the exemp- tion of .personal propem owned by EPRI 1~t. ` ~ _ J [l ~~: ~~l " APPELLANT'S 332 ~• C• 316 SOUTH EASTER. REPORTER~~~~©YT ~ 3 but used on a day to day basis by Jones. For the purpose of its decision the Commis- sion assumed, but did not specifically reach, the conclusions of lave that EPRI is a scientific association,:. that its personal propem• is used for nonprofit, scientific purposes, and that Jones is acting as agent or contractor for EPRI. Such conclusion effecriveh' reversed the decision of the Mecklenburg County Board of Equalization and Review, thereby den}Zng an exemption to EPRI for ad valorem taxes on its person- al property. The appeal presently pending is gov- erned principally b}• the terms of G.S. 105- 278.7 which provide in pertinent part as folloa-s: "(b) Personal :propem• shall be ex- empted from taxation if wholly owned b}- an agent}- listed in subsection (c), below, and if: (1) n'holl}• and, exclusively used by iu owner for nonprofit educational, sci- entific, literan•, or charitable purposes; (c) The following agencies, -.when the other requirements of this- section are met, ma}- obtain propem- tax exemption under this section: (4) A scientific association or institu- tion. (f) R'ithin the meaning of this section: (2) A scientific purpose is one that yields knowledge s}•stematicall}• through research, experimentation, or other work done in one or more of the natural sciences." Although several assignments of error are brought forth, we believe the control- ling question is what constitutes "exclusive use b}• .the oR•ner." The appellant EPRI contends that corporate entities are capable of acting only through agents, that is, pro- moters, officers, directors, employers, code- pendent contractors, trustees, bailees, or other authorized or implied agents. On the other hand the appellee argues -that the statute plain]}- sets out, that the subject property to be eligible for exemption must be "wholly and exclusively used by its own- er for nonprofit purposes" through its em- ployees only. In construing a statute several basic ten- ets stand out First, it is elementan• that statutes are w be interpreted by giving words their "narural and ordinary mean- ing." Borders t:. Cline, 212 1\.C. 472, 193 S.E. S26 (1937). Also, it is abundantly clear in North Carolina that exemption statutes are construed strictly in favor of taxation and against exemption, although such statutes are not to be stintingly or narrowly construed. Sale ti. Johnson, Commissioner of P.evenrce, 258 1\.C. 749, 129 S.E2d 465 (1963); Seminary, Inc. r. l~i~ake County. 251 N.C. 775, 112 S.E.2d 528 (1960). Any ambiguit}• is resolved in favor of taxation., In re Kapoor, 303 ?~'.C. 102, 27 7 S.E.2d 403 (1981). The statute under which EPRI claims exemption, G.S. 105-278.7, establishes athree-prong test: (1) the propem• must be owned by a scien- tific 2ssociation or institution; (?) the prop- ert}- must be wholl}• and exclusive]}- used for scientific purposes; and (3j the oroper- tv must be so used by its owner. [1] Our Supreme Court in In re Forest- ry Foundation, 296 A.C. 330, 250 S.E.2d 236 (1'979), addressed the issue of ad valo- rem tax exemption under the same staruto- n• framework. Although the Court denied the tax exemption under facts non-asser- tive of an agency relationship, the decision focused on the purpose of the property's use and who had control over that use. In view of this decision, the rules of starutory construction, and .the statuton• test for ex-. emption, u•e address the interpretation of the statute. In giving the words of the statute their natural and ordinan• meaning, they must be applied to the facts of the case to which the statute is directed. , There is no question as , to ownership or purpose. EPRI is a scientific association . and its personal property here is used for nonprofit; scientific purposes. Had the property been used b}• an employee of EPP.I, the property would have been ex•.: empt from ad r question. But the basis was used b; der the direction poses of this apF lion before us in lutes "wholl}•, ant owner" is wheth~ the propem• is controlled by EPI :.; - A corporation (: •'',` association) is an `= istence is minore~ i a creature of the 't can do nothing. nel can it perform a board of direct ~ molds policy for t ` cers-president, treasurer-are re: '" policies through d superintendents. merit personnel d~ ployees who are the day to day pe. .sting machinen= corporation itself •: even though ma• employees never -„ ed. ~ The definitions _ ' The record, throt: Darius, the trews: method of open. "use" of the pro • _ testimony in, per. EPRI selects ti ;~ ucts to be evalu: "' does it do the studies are done i development is d ,' scientists and enE " ~ office in Califon operations and search is carried • _ ~. and in foreign tc the experiments and to utilities•at Four projects ' Carolina, the pri. ' ~ lone. The real e 149~wtted: by EPF. ;:. .t the subject emprion must' • ed by its own- ~> 'rough' its., em- anal basic -ten- - _tnentary that ' ed by giving ~dinarv mean- ' ti,.C. 472, 193 s abundantly st 'exemption .}• in favor 'of .ion, although 'stintingly or v. Johnson; ` ?58 N.C. 749, - nar~, Inc. u ~, 112 S.E.2d a resolved in , poor, 303 ti.C. The statute, emoron; G.S. ._ 'e-prong., test:. ^ , ed by a scien- (3) ;the prop- _lusively ,used - . . 3) the proper-~ aer.. ~ - _ In re Forest- ' 0, 250 S.E.2d :e~oi ad'valo-" same sta`tuto- Court denied '' ~~ s non•asser t}`e decision ~e"~ property's' that use. In oi-statutor} - test for ex- ~rpretation of k~ ~~•ords of the ` .art `meaning, facts of the [ is'directed. i ~~~•nei-ship or :c association , I ~e is~ tiled' for s. ~°Had` the employee of - ave~ been` ex- - 1:5 "- -APPELLANT'S EXHIBIT ~~ _,• APPEAL OF ~fECKLENBt~RG COtTTY~ ~•C: 333 Clte u 116 s.F-.2d 330 (I~.C.~tpp. 198•t) ~ ,~ . empt ".from ad valorem taeation" a-ithout 'the control of EPRI it was sold to a ;third ~, . ~ question. But the propem on.a day to day :party and leased. back to EPRL. The per- , ~ • - ' , .basis. was used by 'Jones, a contractor un- sonal property;-was selected .for the project,,.. der the direction of EPRI. For the , pur- purchased, by EPRI and placed "in the facili- ; . -poses of this appeal, therefore, the ques-: ty at Charlotte. -EPRI planned, defined lion before. us in addressing what consti- and managed the. work done in the facility. lutes "wholly- and exclusively used by its It selected Jones for on site operations. ' which. ~ owner". is. whether .the purpose to. ,Jones a as selected to keep the. money; ' , the propem is being used, is ultimately • spent and also to keep activities ~ raised and ~' ~ controlled, br EPRI. ~ separate. .h served EPRI exclusively. A, A corporation (including an incorporated master agreement ,, betsyeen, .EPRI and , , ~~ ~' association)fis; an intangible being. Its ex- Jones ~:as entered into under the terms of ' ~~ ~ isterce is mirrored in its corporate charter,. which Jones could be discharged if the non- • - ~'. " - • a creature. of the law...;, Standing alone- it destructive problems had been solved by , ~-j _ its person- through ;': can do nothing. Only 1982 or if Jones was not' doing a good job: { f , " , . nel can it perform any "function. Generally, =~ lean staff of EPRI people was on site c . - board of trustees aboard of directors or from' time to time so as not • to duplicate ~ ., .. molds policy for the corporation._.The offi= facilities and technical competency, but it , ~ ~ • ¢ers-president; vice-president, secretary-, w•as expected.'that one .or more permanent . ,. '°• •- treasurer=are responsible for cam-ing"'out '`on site EPRI employees would. be.present ' ~" . R policies t}irough deparimentai managers"or as the facilits,e_~tpanded.. EPRI pays a. fee ,~, ' • s~• • '~ • ` . _. superintendent's: "These: middle manage- to Jones for its work and its actual costs. ( ~ ,i { ~= merit personnel direct supen-isors and em- EPRI "controls the. work at the Charlotte '~ - ~ ployees 'who are `actualh• responsible for facility, and',in so.doing. cona•ols employees ~ti :; , the d'ay to cay perfoirriances, such as ooer- of Jones. in several ways. t: first,- Jones re- ~? sting machinery and the" hl:e: yet it is the port to EPP.I. EPRI uses controlled cor- i ~'` corporation itself that uses- the equipment, respondence. Reports, of technical nature ~; ' even though many of its `personnel and ~ are exchan ea. Field awaits.are ~;ormed g ~' , ? employees never see 'the macfiinerv operat- from time to Mme to make sure EPRI is , `` ed. ,~ getvng dollar value. . - t ' . The definitions of "use" are limitless. ' Second. Jones performs tasks under ' ~~ ~~ ~ ~•' _ The record; through the testimony of Mr• ~ . EPRI's direction and connol. TRO repre- lif rnia visit th" Ch i f om `C ' ~ ~. Darius, the treasurer of"EPRI; reveals the a e ar- ves o sentat r One of them `~is lone site twice a month. L ' .. method of operation- of ,EPRI, i.e.; the .. • , . called the project manager. Both direct ~- ~~ ~of~the pr(ipem Eby its owner: His use people at Jones to do certain things and I ~~ testimony in pertinent :part is as follows:. ~ ~ carry out certain activities in connection + ~ ~J EPRI selects the type of "research' prod- with performance under the master agree- ~~ ~ .. ucts to be evaluated. In•'ven. few cases merit, including not only~the formulation of ~,• ~ ~ does it do' 'the research. -Mathematical" 'the general plan but also} detailed tasks. ~I ~ ' x studies are done in its office; 'brit hardware These tasks are monitored by telephone '~1 ~'° , ;~ development is. done' in the field. EPRI's .: calls, correspondence, and„visits to` the fa=' I scientists and~.'engineers reside in the home .. cility. - ~ office in California, but the company has Third, Jones maintains-custody and `care ~'"~ _~ r operations `and offices' elsewhere:: Re- over EPRI's property and acts as the in- . ; t search is carried out all across, .the country '. ~strumentality for EPRI to use the proper- ) and in foreign territories. The results of ~,• The equipment on site and the subject ~. R ~ the experiments are prodded to the public was ac u of thiscontroversy q fired by EPRI ", and to utilides,at token prices. ,under the terms of the master agreement " ', ~ Four projects are carved on' in North for the' performance of this project, and .., ~` Carolina; the principal'.'one being in Char- was shipped.- to the Charlotte: facility by , lone. The real estate facility was original- -EPRI ,for educationalpurposes. EPRI „ L' ly owned b~ EPRI, but for reasons beyond does not lease ;,the, groperty or rent "it- to • - APPELLANT'S t $$~ ?~. C. 31.6 SOt"TH EASTER\ REPORTER.~~~I~I T ~ ~ t) Jones. It receives _ no benefit or income 1 from Jones for its use. EPP.I controls the use of the propem• and determines what use to which it can be put.. Jones does not use the propem- for any purpose other than that set out in the master agreement. All data generated by the facility belong to EPRI. Insurance is carried and the premi- ums. are paid by EPRI. It is the opinion of Mr. Darius that EPRI is bound by actions. taken b.• Jones while it is using the equip- ment at the Charlotte iacilin•. ~. ~• y~~ . ,~ pensation. The Court"of Appeals, Hill, J., held that claimant's injuries arising when she tripped over median in area of mall parking lot designated br• mall owners for claimant's employer's employees was not sustained as result of accident on employ- er's premises nor while claimant was per- forming duties for employer. ..Affirmed. (2J In view of the substantial control exercised by EPRI over the property and Jones at the Mecklenburg facilin•, we hold that Jones was acting as agent for EPRI in iu use of the personal propem•, and that EPRI controlled the ultimate purpose for which the propem• was used.. «'e there- fore conclude that the personal propem• was "wholly and exclusiveiv used" by EPRI as its owner and qualifies for exemp• Lion from ad valorem taxes under G.S. 105- 27$.:r. The decision of the !north Carolina Prop- ern• Tax Commission is reversed. The case is remanded to the. Commission for entn• of judgment in accordance herea-ith. Peeversed and remanded. BECTON and BP.3S~;'ELL. JJ., concur w z D ~~~ '~ , ,r3 `~. Iia}• E. GLASSCO. Employee, v. BELI:-Tl'LER C0.'-fP4.~'1' OF GOLDS- BORO. >\ORTH C.4ROLIIA, and Home Insurance. Compan}•. Carrier. '~o. S310IC103S. Court of Appeals of ?north Carolina. June 19, 19&:. Injured employee appealed denial by the Industrial Commission of workers' com- ~4orkers' Compensation x730 VGorkers' compensation claimant's inju- ries which resulted ~•hen she tapped over parking lot median in area of mall parking lot designated for claimant's employer's employees by mall owners were .not sus- tained as result of accident on employer's premises or while claimant was performing duties for her employer, and thus, claimant did not sustain injury by accident arising out of and in course-of"employment and did not qualify for compensation. G.S. § 9i- ~lgl George P.. Kornega}•, Jr., P.~. by George P.. Kornega}', Ji-., and Janice ~. Head, ?Mount Olive, for plaintiff-appellant. Hedrick, Eatman, Gardner, I'eerick i~ Kincheloe be Scott bf. Stevenson, Char- lotte, for defendants-appellees. - HILL, Judge. The question presented by this appeal is whether plaintiffs injury by accident arose out of and in the course of her employ- ment, thereby enabling her to recover com- pensation under the Vt~orkers' Compensa- tion Act. The Commission ruled that the injun• by accident did not so arise. «'e affirm for the reasons that follow. Plaintiff, a salesperson for defendant at its Berkeley Mall Shopping Center store in Goldsboro, ?north Carolina, zrrived in the mall parking lot at approximate]}• 12:20 p.m. to begin ~•ork at 1:00 p.m. She parked her autor. -,~ `° mall parking lot c employees b}' the :, walked toµ•ard `'• - tripped over a r .Before arriving ~- 3ti plaintiff had pur• ~' fast-food restaurt Aiall Shopping Cet eat the sandwich fore clocking in f. 12:55 p.m. Defendant leas• the mall from Cal = owner. Accordir ]ease, store emplc ~ the common area i areas. The land] A the common area adopt rules and ~ use of the parkin; employees. . Ptirs landlord formulat ter parking plan for the employee Plaintiff had be her emoloyer wh: parking for Belk map indicating t] ployees Were to r time clock. She t monished for pa: previously. These parking marked, nor cont~ to the general F designated for p: 3 ees. Defendant': that ant` customE d " designated for Be • employees could . ~r. the mall parking l - ees of other stor ing to do with the Y ~ ' ter plan for parki ~ by the mall oK•ne bility for the mai: designated parkin. ,~ ity belonged to ti •-- In denying co- ' - sion, adopting .i1: 51 APPELLANT'S - ~xH I B`IT ~ i ~ . ' t s~ A. C. 263 SOUTH EASTERN REPORTER, 2d SERIES ,yl and tiiat~the car belongs to the petitioner, which remained after the deduction of ter- Taxation _ do norlead in am concei~•able may to the ' fain expenses, be held'b~'the Clerk of Supe- s ~ Fact tha~ pe failed to conclusion that titioner has , ; `nor'Court of OnsloK• County pending "the ~ ., 1 menu to church . carrn• his burden to sho~• lack of kno~•ledge. outcome of this appeal.4 ~4e hold that the " ~ - ~ interest on la~."`~ •'•The court has made no attempt to enter any titioner is now entitled to those roceeds Pe P t l i u . findings ~•ith respect'-, to the petitioner's ` is Ford the reasons'staied, the judgment , ,pens on p rpe.,.^ erty did not prE ' kno~rledge of the purpose for which his car • ~ ~ ~ ~ ' and the cause is remanded to .the ": reversed . , . > :• . , propem• gray ~•• u•as being used. But, factual determine- . , Superior Court for the. ,entry of . an Order - - I ~ from ad ~•alq Lions concerning ~•hat he kne~r, or had yea- releasing the proceeds of the sale of the ~:as being use:: son to belie~•e, or to what uses of his rehicle automobile to petitioner. ~ charitable insti .he actually o: impliedlt• consented, must be ?(ax2), (cxl), made before the fact-finder can answer the :Reversed and•remanded... .- _ essential issue and before it can conclude ~ ~ = ` ~ the .petitioner bas faired to tarn, his that VVEBB and.VPELLS,.JJ., concur., .This action bE , burden. See State ~•: ,Richardson, supra. • ~ ers of Pasquo • Perhaps the reason the court's findings ~.. ~... E ` `' ~ . ` V~inslo~• Men • i d- pro~•e so deficient results from the total o cRMUYB[V.S7STIY ~. s . ,' : L on .from a - lack of eridence from ~•hich findings . to _ ' ~' appealed to :hie support such a conclusion could be made. ~ ' -sitting as tht All the e~•idence in this case dictates the 45 N.C.App. '632 - '' Revie~•. Thee . contrar}• conclusion.,'- This is the second and In the Afatter of the TA}..4BLE STATUS t dered that the _ most si ificant infirmit~~ of the conclusion • E't! PROPERTI CO?~SISTING OF A OF _ ~ property by P••~~ P~ 1 d th entered by Judge Bruce.' The uncontradict• ,, 10.5 ACRE TRACT OF 'LAND AND ., ~ an at resF~. be allowed Z ~ ~, ed .testimon~• of the petitioner is that he ALL IMPRO~'EiifE'~T$` .AND ALL .: . ., pasquotank Cou entrusted his car to Diarino, a•ho, from the • ~ PERSONAL PROPERTY LOCATED Superior Cou; record before us, has not been Linked in any Offi h i be • THERE01\' AT 1700 WEST EBRIN- '~ ~• ~T '' Propert}• Tax + on een cer e transact t~ respect t,o t GHAL'S STREET, ELIZABETH CITY, ~., t g conclusions u•erc SteK•art on the one side, and :~ieye:•s and Carolina, 0~•ned b~• Carolina Con- North ~r Wand affirmed h '\iosler on the others that petitioner a•zs in l ' • . ference Association of Se~•enth-Day Ad• .. •~ f~ from ad raloi•, es and Dlos ilminFton when ~fe~ ey jail in « Inc. and.I-Sade .~~~ailable to W. ~'entists . ~ed. ,~~ iced his car to trans t ualudes; that he Pot q did not know and had ne~•er met those tu•o , R. R'inslow• Memorial Home, Inc. , _ r . , T ~ hire, I:al.;• • indi~-iduals; and that he~had not authorized ~ No. ?9ISCS56. , ~ . by H. T. Mull such a use of his car, nor did he kno~t• until Court of Appeals of \orth Carolina. ~_~ Elizabeth Cite approximate)}• a ~•eek after the Vehicle u•as . Pasquotank Coy - seized, that it had been used in ~•iolation of illarch 18, 1980. ~. •~: Aiount, tt'hi+~-~ the narcotics }au•s: The only permissible ~ - '• ~' , • Carden, by E~ I conclusion to be dra~•n from his testimom~, Pasquotank Coun- ~ ,; The Superior Court ~ •' ~ Carolina Conic: -. ~•hich we•emphasize-is the oral}• e~•idence on , ty; Ralph A:. ti;'alker, J., upheld a determi-; _} Adventists,. InG.. ` the essential issue of knowledge, is'that the - • - nation of; the Property Tax Commission ea- ~- ~ , rial Home, Ins Q t titioner has carried his burden of rot•in p - e empting certain property from ad t•alorem ' ~. , ~ Johnson, Ga,.,. and had no reason to t at he did not know h ~ ~ ` " the Court of Appeals, appeal taxes.: On H. Johnson P.e bein used by \Sey - belie~•e that his car x:as g ' , . held that fact that nursing home Eru•in J Y Health Care )' ers and.'~fosle~• to. transport controlled sub- . ., ;~ + „ stances. It follows that he tru entitled to made. payments to church in an amount ` :: "+ ERV4'IN Jung the return of his: ,car. G.S. § 90-11? 1(c) equi~~alent .to interest oq loan incurred by d i o , Pasquotanky- (1919 Cum.Supp.). eprec - ses and church for expansion purp that: The record discloses, _however, that, sub- ' ation ' on property did not prevent home from occupying property gratuitously so as - "The Sup;.. of.the order of forfei• seouent to the entrj~~ to be exem t from ad ~~alorem taxes, in p the Augvst 4, Lure, the parties agreed to the sale of the " that' property was being used- for charitable. -~ , North Carol car, and an 0:•der of Sale .rzs thus entered d J dg h• 2979 ;~In th O J Purposes by a charitable institution.. ,. ~". which final at er u e u . r on 13 ~~ elusions, ana Bruce directed that the' toter-as of the sale p Affirmed. of la~• on thP., 152 - r , .- , yy~~c~tion of cer- (]~,erk of Supe- ~ _ pending the hold that the se proceeds. ~~judgment is ianded to the fan Order sale of the fur. pi ~ ~•E STATUS TING OF A ~VD A,'v'D '~•~ND ALL "~" LOCATED •' T EHRIN- TH CITY, irolina Con- ,p.nth-Day Ad- ~lable to R'. ~JI!•; Inc. Carolina. r~= tank Coun- `a determi- ~mmission ex- ad valorem ~~of Appeals, nursing. home pan amount ~ncusred by and depreci- ~revent home ously so as taxes, in for charitable son. APPELLANT'S EX H I B f T~ ~~ AfATTER OF T.~.l'ABLE STATUS OF PROPERTY, ETC. Iv'. C. .839 cup .s. tv.c.wac.. iaa s.):.2d sass Taxation a2S1.1(4) Fact that nursing home made pay- ments to church in an amount equivalent to interest on loan incurred by church for ex- pansion purposes and depreciation on prop- erty did not prevent home from occupying propert}• gratuitously so as to be exempt from ad valorem taxes, in that property was being used for charitable purposes by a charitable institution. G.S. § 105--2iS.- This action began when the Commission- ers of Pasquotank County denied the W. R. Winslow Memorial Home, Inc. an exemp- lion from ad ralorem taxes. The home ~~ appealed to the Property Tax Commission, i. sitting as the Board of Equalization and Review. The Property Tax Commission or- P. dered that the assessment of the subject propert}• by Pasquotank County be set aside and that respondenu' claim for exemption be allowed. The Board of Commissioners of ,. Pasquotank County petitioned for review in 2.z Superior Court. The court found that the ~.;:~ Property Tax Commission's findings and conclusions were supoorted b}• the evidence and affirmed the .order allowing exemption t' from ad valorem taxes. Petitioner appeal- 'j' ed. ~•.. ~~ VChite, Hall, Mullen, Brumsey 8. Small, ~j: by H. T. 1-Pullen, Jr. and G. Elvin Small III, Elizabeth Cit}•, for the Bd. of Com'rs of Pasquotank County, petitioner .appellant. `fount, White, King, Hutton, Walker &. Carden, b}• E. J. Walker, Jr., Durham, for Carolina Conference .~ss'n of Seventh-Day Adventisu, Inc. and W. R. Winslow Ivlemo- rial Home, Inc., respondent appellees. Johnson, Gamble 8. Shearon, by Samuel H. Johnson, Raleigh, for North Carolina- Health Care Facilities Assn, amicus curiae. ~ - EP.WI\, Judge. 1?asquotank County contends on appeal that: . "The Superior Court erred in affirming the August •i, 197S final decision of the North Carolina Property Tax Commission which final decision made findings, con- clusions, and decisions affected by error of law on the part of the Commission and unsupported by substantial competent ev- idence in view of the entire record as submitted and ~rhich final decision ad- judged that the assessment by Pasquo- tank County of certain property, owned by respondent be set aside and that the property be exempt from ad valorem tax- ation pursuant to G.S. 105-278.7(ax2)." (Typed from material in all caps) We find no error and affirm the judgment entered. The evidence presented before the Prop- erty Tax Commission, sitting as the Board of Equalization and P.e~iew, tended to show. the following. The W. R. Wirssloa• Memorial Home, Inc. is a nursing home. operated maink for the aged and infirm located in Elizabeth City. The home is affiliated with the Seventh- Da}• Adventist Church and is funded partly • through the W. R. ~i'inslow Foundation. The land on which the home is located was donated to the Seventh-Day Adventist Church by W. R. Winslow, who had a spe- cial interest in the care of the aged. The home is run as a nonprofit corpos-ation sepa- rate from the church, although the philoso- phy of the Seventh-Day Adventist Church is obeyed in the administration of the home. The major application of that philosophy is in concern for the spiritual, emotional, and mental well-being of the patienu in addi- lion to concern for their physical well-being. There are no religious or other restrictions on entry, except that maternity, tubercular, alcoholic, mental, or drug addicted patienu are forbidden. •• Aq patienu must be able ~to pay the home's fee when they are admitted, but that rule is violated in practice. The home does pay certain sums labeled "rent" to the Carolina Conference of the Seventh-Day Adventist Church, but that is merely a label of convenience. The. sums consist of the interest on a mortgage, which the church entered into to provide funds for the expan- sion of the home, and a sum for deprecia- tion. The church accumulates the deorecia- tion for future capital improv The home's auditor testified that~t~e~~.~•ere expenses which the home would have if it ~~l• APPELLANT'S .. EXHIBIT 18 ~Q A.C. 263 SOUTH EASTERN REPORTER, 2d SERIES owned the property and that the church did not earn a profit from the rent The ad- ministrator of the home felt that it was no longer possible to define•a charitable insti- tution as one K•hich pro~ided'services free of• charge, because the government now provides funds for 'the indigent He felt that the home was a charitable institution, because it prodded more services than are co~•ered be go~•ernment reimbursements. '~Sedicaid paid all or a portion of `the home's 'fee for most of iu patients, but Afedicaid placed a ceiling on reimburse- ments. The home was not ~ allowed to charge the patienu or their families the difference bet~-een the '+iedicaid payment and the home's fee. '.fedicaid paid the home 5?S.00 per, day for skilled care; .the home's expenses for skilled care were 531.46 per da}•. 'Medicaid paid S~.30 per da}• for intermediate care; the. home's expenses were S?.4.5?. The- difference was made up by donatiors: chiefl.~ from the «'inslow Foundation. ~o patient had ever been, forced.. to lea~•e -the home. because he or she could not par the home's fee. Some patien~s had been admitted who- did; not aualif}• ior'~Iedicaid and who could not pa}• the fee: others were admitted before their Dledicaid eligibility or other fee ar- rangemens;a•ere determined..It;~•as a pol- icy of the Home to try to determine they method of pa}•ment before • admission. There, had been a surplus in recent years, after donations,.which the home had used to air condition the original building. The. home .had no stockholders and paid no.diyi-. Bends. Its zssets would be distributed- to the church if the corporation were dia- soh•ed. The home a•z< exempt from state and federal income t.zxes as a charitable institution. ~. Exhibits included , financial statemenu for the, home from 19 i; through 197?,, the . constitution ~ and bylaws of the Carolina Conference of the Seventh-Da}• Adventist Church, the .~.rticle"s,of Incorporation and Bylak•s of the ~'. P.. ~ lt'inslo~~ Memorial Home, Inc., and a letter from the home's administrator to the Department of Social, Sen•' ; o cerning determination of A4ed=~ icaii~s;rior to admission. • The Count}• contends that the decision holding the real property •in question is ex- empted from ad ralorem taxation b}• G:S. 105-278.7(ax2) is wholly unsupported'by ei- ther the findings of fact made b}• the Com= mi"ssion on the entire record as submitted, and in order for propert~• to~be exempted from ad valorem taxation under G.S. 105- 278.7(x)(2), it is necessar}• that the property be "wholly and exclusively used b}~-the oc- cupant .foi nonprofit educational, scientific, literary, or charitable purposes" and that i`f it is occupied b.• one other than the owner, it must be "occupied gratuitous)}•." In considering this case,'we agree with the statement written by Chief Justice Par= ker in Ti'ake Count}• r. Ingle, 273 N.C.•343, 346, 160 S.E.2d 62, 64 , (196S). ~ ` "What is said in Southeastern .Baptist Theological Seminary, Inc. ti•. K'ake Coun- •• ty, ?S1 T.C. 775, 112 S.E.2d 5?8, is rele- vant here: 'In this connection this Court stated im Harrison ti•. Guilford .Count}•, 218 :~'.C. i1S, 12 S.E:2d 269, that statutes exempting specific property from taxa- lion because of the purposes for which such property is held and used, are and should be construed strictly, • when ` there is room= for construction, against exemption and in favor of taxation (cit- ing cases). "'B}• the rule of strict construction, however, is not meant that.the statute shall. be stintingly or even narrowh• construed 'but, it means that ever}~hing shall. be 'excluded; from ,its operation which does not clearly come within the scope of the language used:" Stac}•, C. J.; in Stater. Whitehurst, 212 N.C. 300, 193 S.E. 657."' Our determination will be made in view of the above. - Carolina Conference Association of.Sev- enth-Day Adventists, Inc. is a nonprofit cor- poration with author-ity to hold title to and . operate schools, churches, and medical facil- ities and "to carr~• 'on any line of • religious, educational, benevolent and philanthropic work." ` The occupant and operator of the nursing home is V~'. 1'.. Winslow Memorial Home Inc., North Caroli:: operate, and aged person~~ the propem•. - extended carK' expansion uj loan obtainis,~ home makes r ciation ~•hic~'~ and deprecia~l lated the depr 347, 160 S.E~ Court when`.. lion held: "[T]hat th twins and with its use is a church es on Rha~~~ the church.. gratuitously. .leased pro and payr t1~ use of the ~~ do to use prc religious , owned this,, it, it would ' pay,the ex=%~ as church pf constructior.~ stinting cons clear that ii this proper exclusively f~` be exempt t= and we so h~ in controvez_ suant . to G.; w~thm the, ;'"'l gvage used comes "Within. the constitu,~. section `5, th purposes s}:~ Plaihtiffs' as: ruled." As in Ingle, amount equiva loan incurred b ` ciation of Sev~ ~. v he decision estion is ex- ~aCion by G.S. ~rted by ei- \~i,}• the Com- as submitted, exempted 'r G.S. 105- ' .pine property ed by the oc- ~ 1, scientific, ~~and that if ~n the owner, ' 1}•. ' ~. agree with - ustice Par- `373 V.C. 343, ern Baptist .: wake Coun- \..,, '~ is rele- s t,ourt stated ,~-. County, 218 ?t statutes from taxa- oses for which ea are and ~.t1}•, when ~cuon, against i,taxation (~it- "construction, gat the statute narrowly 'means that c.ed from iu t -!early come age .used." i ~ehurst, 212 la view of ~. ~:-; :iation of Sev- nprofit cor- ~~l title to and i . ,edical facil- e of religious, ilanthropic . ,, ~ for of the sink l~femorial 1 ~~ ' APPELLANT'S EXHIBIT ~'~ i11ATTER OF. TA_~1Bl::E STATUS OF PROPERTY, ETC. N. C. $~j Clte as- N.C.App.. 263 S.F~.d 838 Home, Inc., a nonprofit corporation of North• Carolina, with. authority to "own, operate, and maintain a home or homes for aged persons or senior citizens." In 1974, the propert}• was improved to a 121 bed extended care nursing home. The funds for expansion were made available Through a loan obtained from the association. The home makes monthly pa}•menu to the asso- ciation which includes interest on the loan' and depreciation. The association accumu- lated the depreciation for future expansion. In Wake County v. Ingle, ?73 ?~.C. 343, 347, 160 S.E.2d 62, 65 (1968), our Supreme Court when faced with an analogous situa- lion held: "[TJhat the fact that the. church main- tains and pays the expenses connected with its use of the leased property, which is a church building and its appurtenanc- ' es on Rhamkatte Road, does not prevent the church from occupving• this propert}•• • gratuitous!}•. It pa}•s rip rent for the leased property, and mere!}• maintains • and pays the expenses connected with iu use of the leased property which it must do to use properly the leased property for religious purposes. Ii the church had. owned this leased property and had used it, it would have had to maintain it• and pay the expenses connected with u use- ; as church property. To adopt.a contrary construction would mean a narrow and ~. stinting construction of the statute. It is • clear that if the church were the owner of this property which it uses wholly- and ~~ exclusively for religious worship, it would f'- be exempt from taxation. It seems to us, and we so hold, that to hold this propert}• ~' in conuovers}• exempt from taxation pur- suant to G.S. 105-296(3) comes clearly • within the scope and purpose of the lan- ' guage used in that statute, and it clearly comes within the scope and language of the constitutional provision of Article V, section ~, that propert}• held for religious purposes shall be exempt from taxation. Plaintiffs' assignmenu of error are over= ruled." • As in Ingle, respondent's pa}•ment of an amount equivalent to the interest on 'the loan incurred b}• Carolina Conference Asso- ciation of Seventh-Day Adve~tisu, Inc. for expansion •purposes and the depreciation on the property does not prevent respondent from occup}ing the property gratuitously, and we so hold. G.S. 105-278.7(x) provides: "§ 105-?78.7. Real and personal prop- erty used for educational, scientific, liter- ary, or charitable purposes.-{a) Build- ings, the land they actually occup}•, and additional adjacent ]and necessary for the convenient use of an ~ such building shall be, exempted from taxation if "crholh• owned b}• an agenc}• listed in subsection (c), below, and if: (2) Occupied gratuitously b}• an agency listed in subsection (c), below, other than the owner, and wholh• and exclusively used by the occupant for nonprofit educational, scientific, liter- ary, or charitable purposes." G.S. 105-?78.7(c)(1) provides: "(c) The following agencies, when the other. requirements of this section are met, may obtain prooert}• tax exemption under this section: (1) ~ cha_ritable association or insti- tution . " Thus, the determining questions are wbeth- er respondent is a charitable institution and whether it used the property in question for charitable .purposes. When presented with a similar .situation in Central Board on Care of Jeu~'sh aged, Inc. v. Henson, 120 Ga mop. 627, 630, 171 S.E.2d 747, 750 (1969), the Georgia Court of appeals held: "Veither would the fact that the resi- denu paid .rent according to their ability destroy the charitable nature of the insti- tution. Brewer v. American .Nissionarv Association, 124 Ga. 490, 52 S.E. 804; li~illiamson v. Housing authority' of Au- gusta, 186 Ga. 673, 199 S.E. 43; Elder v. Henrietta Egleston Hospital, ?05 Ga. 489, 492, 53 S.E.2d 751. In the present case it was shown that in 1967, which was stated to be typical of the monthly amounu paid by the residents, more than 5090 of the residenu 'paid less than maximum and of the 61 residents 11 paid nothin~ The - ~ APPELLANT'S ' EXHIBIT ~ ?~ ~2 '~• C• • -~ 263 SOUTH EASTERN. REPORTER, 2d SERIES record further reveals that the payments made by the residents. have been insuffi- cient to cover ahe cost of the direct oper- ating„expenses of ahe home and the. defi- tit was made up by contributions::. : ~ '~, The purpose of _the home is to care :for the aged and provide for their physical and mental welfare... As is stated -in Bozeman Deaconess Foundation r., Ford, 151 Mont: 143, 148, 439 P2d 915, 917: 'The concept, of charit~• is. not confined. to the relief of the needy and1 destitute, for "aged people require care and attention, apart from financial. assistance, and the supph• of this care and attention is as. much a charitable and benevolent pur-' pose as the relief of their financial wants:" "' - R•e find the opinion in Central ~Eoard on Care o! Jewish Aged, Inc. r. Henson, supra, persuasive; and`we`hold that the property` in question ~~as properly exempted from `ad ralorem taxes, in that it was being. used for,. a charitable purpose' bj• a charitable institu='- tion within the meaning ~ of ~G:S: 105-278.- • 7(f}(4), G:S: 105-275.7(ax2), 2nd'G.S. 105- 2i8.7(c}(1). ~•hen the record. before us `isre.•iewed as'" ' a K-hole, the eeidence clearlj-` justifies`'the Commission's decision. The judgment en- tered, below is ' Affirmed. - }_.:,. P.OBEP.T M. MARTII. and' ~°ELLS, JJ., concur. - .. . 'w -:. -, c S. RtrNUMiER SiStEr - . T • • 45 N.C.App. 666 ,. - -Helen R. BROADDL'S parties during their marriage to each other. The District Court, Pitt :County,, Robert D: Wheeler, J., granted temporan•• custody df chilaren • to county department' of .`social' sen•ices and ordered department to~~place~ children in mother's home pending hearing on the merits, and denied father's motion to dismiss,•ard father appealed. The Court of Appeals, Hedruk, J., held that: (1}father's appeal from denial of his motion to.dismiss. was, subject to .dismissal: since notfrom a final.-determination, and (2). trial court had subject matter. jurisdiction to enter tempo- ran. order placing custody of children with department of social services: 4ffirmed. '''' :. r ~ . 1. Appeal and Error x78(5) ` Denial of motion , to dismiss is .not a final determination but is an ,interlocutory ruling- and thus, ordinarily, no appeal -lies theref rom.. G.S. § 1-2 ~ 7.~ •, 2. Parent and.Child x2(20) n'here trial 'court neither had. nor. pre-~• tended to have .personal jurisdiction: over father, and~ob~•iously children were not his" ;: property' denial of father's" motion to dis- - miss mother's action` for custod}~ of two minor children did not. constitute- deteimi- natioEi 'that affected substantial rights nor " did i2 constitute adti•er'se ruling,'as,to juris- diction over person or property. of father, and .thus appeal from such order was ,pre- , mature and 'subject to dismissal.' ' G,.S._ 3. Parent°.and Child,.a2(5) - Thal court, which ;found that children ~. ' Clarke R. BROADDUS. . , No. 793DC801. Court of :Appeals of North .Carolina. • Diarch, 18, 1960. "' Action was brought by rnother'for cus- tody of two ..minor.=children born to the 156 , were present in North Carolina when moth- .. er's action for their. custody K•as commenced and temporary custody- order, was entered, and which had personal .jurisdiction .over. • .mother,., had authorit3:~ to enter temporary . order placing custody. of the children Kith county department of social ser~•ices and ~ ' ordering it to place them with mother pend- ing .hearing of cause on the merits: G.S: .. ~: . , ~- .~ .•• ..~ '~• 4. Parent and r'f . 'Fact athat `I` to trial court's~~ 1- •' placing custody -c+ partment of-s Vii to place them r ~ on the merits of~a -~ ~ of children, did(' null and void. ~ 1 !.J i. r. This is an ae r two `minor child ing their•marrtaE complaint verify' ' filed.. 1' ~Decembe ': she and, hei hula rated :on 3 April dren, hlargaret - and Ed~•ard. ~Cl~ remained with he: Pitt :County, *j'i their father on~ picked, up the ~cti risit on 12 Octob~ ~; not see them ,age - although: 5he~ tal,~~ ~~ on three occasion: Plainti!f at.z"~ } ter Whic'ti she '~ j 14 October 1978 i that he wastalc • long g extende f not let here" tak~~E was tn•ing to'do for them: '' Ir ~ plaintiff 7earnec' ' ee of duPont, had • ford, Dela~•are: that on 29 No Delaware,' pick~eQ brought them bat upon' the film Chief District "~'hedbee entered. ber 1978, granti:~ children to the. Social Services 'a: menu to place ~~.., their mother peg, its. ;. :. APPELLANT'S ,r, EXHIBIT ~ Z ~ 6? ~ \. C. 160 SOIITH EASTERN REPORTER, 2d SERIES ~. . 1 .'~:• \~J "The \\•: iter continues:. `Estoppel is most irequenth• applied in cases invol\•- ing consti:u:io.-.al laly n•here persons, in .some ma :net, pz::ake of ad\•antages un- do: s;a:utes. The rule is n•ell settled that out \rho \•oiun:a:iiy proceeds under a statute and claims benefits therebl• con- i~: ed \vill riot be heard to question its cogs:i:uticraiitl• in order to a\•oid its butdens. Certainh• such a person \vill no: be olio\\•ed to retain his advantage o.- keep his eorsidcration and then rt- pudiate the act a5 unconstitutional. This principle applies also to questioning the rules o: actions of state commissions.' "lio: cover, in Cameron \•. RlcDonaid, sup: z, this Cou;. said: `It is the general rule, subject to eertzin c~ceptions, that a defendant ma~• 11•ai\•e a constitutional as well as a s;atuto:}• provision made for iris benefit s and this mey be done br express consent, b}• failure to • rise.^. is is apt time, o: b}• conduct in- conssten: n•ith a purpose to insist upon i:,' citing State \•. Haraiieid, ISS \.C. _::, ]2; S.E. 639." he cons:i:aio; aii:r o G.S. ~ lie,-119 (.b f 1':25 a::aCI:CC by a t)C::t:0:1°: \1'h0 \1.25 5ce;;i. ; scholar ship bcneii:5 pro\•idcd b~• said 5atuu in the case of Raratl• r: \orth C~:oiira ~•ctetans Co.:.riis5ior., 261 \.C. 6;=. 13. S.E?d 6:9. The superior court d:r:ied reIie to the pe:i:font:, and in ai- ii:n:i: ; :hc action of lac Super for court; this Coy:; stated: "' ~ • she :na\• not .o::es:ion the con5titutionaii:y of the .~1ct -upon \vrich she bases her claim." 6 \ichols on. EminentDomain; Third L•~ition, ~ 35.331(3), p• 652, States: "I: is undoubtedi;• the la\v that an o11•ner of land taken b\• virtue of emi- ren: cornzin p: oceedirgs \vho has ae- cep:ed and been paid the alvard of dam- hges cannot aiter\rards contest the raiid- i::• of the talon„ either directly o: col- late: ally, or seek ao reco\•tr o: retain possession of his land, no matter hou• iundamen:al the deice: in the p:occcd- L:pon accepting -the benefits under tht statute, defendants are precluded from.at- tacking the statute, the j:;:isdiction of the court to enter the order pu:tine plaintiii in possession of the proptm•, or the fail- ure of the plaintiii to s::ict11• comply \1•ith the provisions of the statute \1•hich defend- ants attack. Defendants ma}• proceed in the cause to determine just compensation under G. S. Chapter 136, Article 9. This cause is remanded to the superior court of Durham Counts fora determina- tion of just compensation under provisions of G. S. Chapter 136, Article 9. Remanded. HL'SI:I\'S,' J., took no part in the con- sideration or decision of this case. o ~ an .u,u. rr..n ^"3 X.C. 393 WAKE COUNTY and City of Raleigh, a' municipal corporation v. Ben H. INGLE, Sr. • No. 524. Supreme Ccurt of worth Carolina. Civil action to collect and ioreclost certain tax assessments upon real estate. Alter hcarin; upon a \1•ai\•e: of jury, trial upon stipulated facts, the Superior Court,. Wake Count~•, J. ~\'illiam Copeland, Spe- cial Judge, adjudged the rtai:r to be exemp., and the county and city appealed. Thel Supreme Court, Parker, C. J., held thati the fact that a church maintained and paid) • expenses connected \1•ith its •_se of lease propert~• did not pre\•ent the church fro occupying "gratuitously" \vitain the tc:rss of an cae7nption r. ui oPert~,I t1•as exenr; usly by one oti ii it \1•ere O11,ner, tvo: lion: Aflirmed r. Statutes af90 11r°en reltvant Izr. 21sio and unambiguo~• be n for constructior. g11'cn effect accordir ob1•ious meaning, G•S• Coast, arL j, ~ 3. ?• Taxation a204(2~ Statute prOl.iding in . propc~lbe exempted iroII1 veil \1'holl~• and exc1L gious \vorship if lalagu heldn}• churches or religio: occupied gratuito o1,•ner n•hich usl}• b}• o. ii}• to. . if it ti+•ere ot1•n, and unz.exemPtion under star tior.. G S ~Ru°us and regtirt; ~ l0i?y613). 3• Taxation r~2J4 Thzt church maintzined Pensts connected pro Perty did \1•ith its use not prove cup]•ing ..g:aruito ., nt chute. «•as c'~e ntcd tt «herebl•~ corral: m out other that occupied "gratui ou•ne.; would gu lrYve~ which. i. to: exernp~ S• Taxation X244 where rcalt}• t1•as leased church which \vas to trt and religious duly orJ'ariized bod;• and used p;emiseS and exclusiveh' for veil ious \1• rug no rent but g or3hi expenses Bonne maintaining and property «•as txetd «•ith use of Pre § 103-?963), mPt from taxation. This is ~. _ ,.; ~~ a cit•il. action to collect a , close certain tax asses esiat nd e heard u srrrenrs u pox a «•aive Poo r of Jur:' t. ,157 CX~iIBIT Z~-- WABE ~-COUNTY v. I?dGL'E " \. C. 6~ Ctte as 160 S.£ .d ~ xf :its under the, . _ced from at- , ~ciction of the .:t;ti~- plaintiii , ;• co:npiy`= ~~•itn ..:felt defend- '~ of an exemption statute •ehe: eby certain grope:t~• «•as .exempted .ii-'occupied "gra- tuitously" by one other .than o~~~nea which, if it Deere owner, would quality "for~e_eemp- tion. ~ - ' Affirmed. ' 1. Statutes « 190 - - .~~~hen relevant language of statute. is plain and.. unambiguous, there is.:no ~ oc- casion for construction. and statute must be given effect according to its plain and obvious meaning. "G.S. § 10:-?96 and (3) ; Cons:., art: 5, § ~. ' , 2. Taxation C~204(2)~• ~ - Statute providing in effect-.that ,there should be exempted from taxation certain progeny n•holly and exclusirel}• used for religious worship ii lawiullr' o~rned a'nd held b~• churches or religious bodies or ii occupied g: atuitously b}• ore other thin owner which, ii it were owrec, .could qual- ii.• for exemption under statute, u•as clew; and unambiguous'and acquired no construc- tion. G.S. § 10:-246(.1). 3. Taxation «244 That church mat^tained and paid ex- penses connected -with. its -~u3e''of leased property did not pre~•ent'chu:ch'from oc- eupyiag "gratuitously" within terms of ex- emptior. statuta a•hcreby ce: fain property eras exempted if occupied '.'gratuitously" by one other than owner which, ii it were oa•ne:, tirould quatiiy for excrnption: `~ 5. Taxation «244 «~here realty u•as leased to trustees of church which was duly organized church and religious body and used premises wholly and eeclusirel~• for religious ~rorship,'pay: ing ao gent but maintaining -`and paying ex~cnses connected Kith use of paopert~•; property'~~•as exempt from .taxation. • G:S: § 10.-296(3),-.. -. , This is a civil action to collect and fore= close certain tax assessments upon resl- estate heard upon a waiver of jury` trial upon stipu3ated Mac's agreed to aid si; tcd by counsel on either side site: •thr com- plaint-- and answer tad been filec: ...The relevant sti_o_lated fact .arc is es- sence-as.foIlo~rs: (11 That ~~-ake•.County i; a bod~• politic aid corporate, of the State of ,forth. Carolina- ~^d the,r'r•.• of Raleigh is a municipal corporation of ~~-zke•County, \orth Carolina, and each eorroration .tons po«•er .ard authori:.• to assess, ;leer, and collect taxes mains:-real,2nd personalpro~- er:y located ~rithir. :heir -respecrive bound- aries;. (?) that ce:e^dant Iris:e is the ou•ne: of a certain tot of really located in Raleigh To~rnship, ~~•ake Cou:as, within the :wing authori:.•'oi each pairtiff, ~rhich ream is described ~a-:icularl;' a~• r.:e_es a`nd bounds ' (3) that :s realt~• t~•as 'leased by defendant to • the Tr:atees oi' the First \Iissiorary Churca of •Ralei~'r., forth Car- otira, b}• a u•ritte : lease whica is incor- porated in the : ec:.:d : (-tl 'u;a: the Firs: afissionan= Cnurca o: Ralr'gh, \oah Ca:- olina;~is a• dul.~ or:-•aniicd chu.-~ : and :ri- gious bob}•, and :c~i the abo~~e desc:ioed premises ate used :rholly 'ard exclusi~~ei:• ion- reii~icus worshi?; (,~) that defengaat rc~eires no rent .:tom the said iT•irst \Iis- sionary ,Church for :he use, of Ltte progeny although the ,said church -is to tn~intain and. pa}• the exoc~ses, connected, with its, use of the propc-a•; (6) twat the said lease is in full force and,eiicct; (:) that Piaintiiis have L's:ea the lease_ :eal:r fore taxation. and :assessed the realt;-;ior ta~a- Lion. against deieadant,.and ce:e~dant has; consistently asserted that the said-realtr•is exempt from taxation Dr vimue of G.S. § 30.-?96(3); and iS)•deiendant~has not pail any ta_ees upon the property in•~con- tro~•ersy. • t pon the stipuiared` facts Tudge Cope- ]a:td adjudged and decreed that t}ie realty dcsc:ibed in th'e eemplaint is exempt 'from` taxation, that the p'.aintiiis recorea nothing of the deie~dant a; ad valore.^•i taxes for the period corerec in this action, 'that no lien attach to said propert}= b;• i•ir-.ue of the taxes lh•ied, and 'that rite' costs oi~this action be taxed a;~i:at the pla~.tiiis. he cause to under -G. ~ :';.hc suoerior - a de:ermina- - :cc: pro~•isions o .:: in.the con- :is case. . •) , of Raleigh, Sti00 i r. Carolina. a::c, iorecIos~ ~n real estate. c:oi:jury trial ::pc: io: Court; op-land, •Spe- ' a ~ .o be exempt; - ; :?pealed. The X • J., held that. --~ ._.-ed and paid ~' i tae of leased t chosen from •• the 2e:~s ~ i ~; 15 - ~ 9 ~!~ .~ APPE~LLAI~ t'S.. EXHIBIT ~ ?~ ~~ '~. C. 160 SOlJTH EASTERN REPORTEP., 2d SERIES I~~x ~~1 ~/ ~~; From this iud;,*ment plaintiffs a?peal to the Supreme Cou.-.. Tohn A. Rob~:tson, Raleigh, for plain- tiii appellants. - \-aughzn S. \\-inborne, Raleigh, for de- icndant appellee. PARI:ER, Cniei Tustice. Plainii:a .hare tn•o assigrimeris o: error reading zs ioliows: "The plai :tiffs except to the failure of the Cour•, to find as a :act and as a con- cl•_sion of ian• that the defendant is not exem~: froth taxation b.• virtue of the prorisio:a of G.S. ]0~-?96(.i). "The piai^.:iiis except to the judcrnent allon•ir:; the dcienCart to be exempt from :axatioa oy virtue of the prorisioas of G.S. I C;-_'96 (.5 j -" Tne \o: :h Carolina Constitution, Article \-, section :, declares in respect to prop- em• exeL•-t:,: from taxation Lea: "th-_ General Assembir mar exe:nat cemeteries and prop- erty held io: educ~:ional, sciea:ific, fire: art', cultn: al, era: i:abie or religious p:.r: poses • ?:::span: to that co^sti:•~:ioral a:ahorit}•, the Gene: al Assc:nblr enacted G:=. ~ 10:- x95, ~~•hica reads "The iollor: ing : cal p: opcr;y, and no other, s :all be exempted from ;zxation: "(31 B~ildi::gs, Frith the land upon which they ate situated, lawfully o~rned . and heft? 'o}• c'ru: ches o: religious bodies, irholl.• anC e::clusirdy used fo::eiigious pro:shin o: for the residence of the :ninist:r o any such church o: : eiigious boot' or occupied gsat~itousl}• by one other than t}:e oti~•ner ~rhich ii it were the ov.-se:, ~ro•_ld qualify for the exemp- tion uncle: this section, together Keith the additional adiacent land reasonabh• ~ecessa:y io: :he•eoneenient use of any• such b;:ildin;." The 1961 Genera] Assembly amended G.S. ~ 1OL296(3) by inserting neat the middle the cords "or occupied gratuitously by one other than the otiner which ii it ~~•cre the oe•ner, would qualify for the exemption under this section." \\'hat is said in Southeastern Eaptis: Theological Seminary, Inc. r• \\'ake Count}•, 3:1 ?~.C. ii:, •112 S.E.2d ~?S, is reltrar.: here: "In this connection this Court state:: in Harrison ~•. Guilford County, 31S ?\.C. 7TS, 12 S.E?d 269, that statutes exemp:- ing specific property from taxation be- cause of the purposes for ~~~hich such property is held and used, are and should bt construed strictly; ~~•hcn there is roo-~ for construction, against exemption and in faro: of taxation (citing cases): "'Br the rule of strict corstructior., however, is not meant that the statute shall be stintingly o: even nar ro.rh• con- s:rued • but it means that evcry- :hing shill be e::ciuded from is opera- tion ~~•hich does no: clearly come within the scope of the iar.;uage uses:,' Stacy, C. T., in State .•. \l-hi:ehus:, ?13 \.C. 300, 193 S.F.~6~i, ll.i A.L.R. i~O." (1] \\•hcn the relevant lan~t:a~e of a statute is plain and unambiguous, there is no occasion for construction. Such being the ease a statute must be given effect according to its plair. and obvious mean- ing. S3 C.T.S. Statutes ~ ,i33b(2) ai 6ii anc ~S3. [2] The ~rords used in G.S. ~ ]Oa-?96 (3), as it is no~~• ~vrittcr., are clear and unambiguous and require no construction. So far as relevant here, these words meta that realty owned and held by churches or religious bodies, ~eholly and e-cclusiceh• used for religious worship or occupied grz- tuitously by one other than the o~rner which, ii it ~rerr the owner, tivill ..qualify for the exemption under this section. The reieeant stipulated facts are These: (1) The property which is the subject 9 amended G.S. .a: the: middle .itotisly by one fit were the _~e. exemption a:ern Baptist ;:'zke County, r, is relevant Court-:stated L--.•, Z1S N.C. _..::es exempt- -. :a~ation be- : :ti•hich such -:a and should .::ere is room :::e:::ption and -; cases)., construction, :' are statute a::owls con- .a :hat cve:~•- :... iu opera- :come u•itliin •.acd,' ~tacv, .- 213V \.C. .R. ,i40." ";same of a '.cis, there is such being' •:e3 effect b:•i'ou's mean- ,- j at :i and ..c clear- and construction. cords •mean ' c urchcs or ee~clusively ,cc~picd gra- :::=^e: which, -• for the .: are ihcse: ~ G .::e subjccL APPELLANT'S k ~ .CX~iIQIT?~24 - 'MILLER v. MII,LER • N. C. ~ 6~ :. -• - - 'Cite as 180 S.E»d BS matter of this litigation has Seen leased to n•e so hold, :hat to hold this propert}•-:r: con- the Trustees of the First Missionary. Church troversy exempt is oz7 ta_~ation put s_ant to - of Raleigh, North Carolina; `(2) that the G:S. § 10: ?96(3) co ~e_ ciearl}- u•itsin the said church is a duly organized. church and scope and purpose of :he language sed in religious body, and- that the propeay: is that statute, and it c'.ea: i~• comes ~:a i.-t the ' :aed ~dholly and exclusively,:ioi- .religious scope a::d language of the coristi:_tional worship; and (3) that deieridant recei~•es pro: ision• of _~rticle ~', section :, tha; prop- ~ no rent from ,said church for the use of •reli;ious p_r^oses s :all be erty held for %~ said property although the said church is exemp! from taxatio::. P:aintiiis' tssign- 1 required to maintain .and. pay the expenses r meats oi. error are o~•e:.-i;ed. ~~ use of the prropert.. connected ~•ith its • The parties stipulated'`that the lease de- The judgr.ent belo:c is., "" scribed• in they pleadings is incorporated in , , • ;., f cts b~• reference. In This •the stipulated ~iiir~te~. • . lease :he ,property , is described as"follows, ir. part: "That the said Lessor, in con- IItS~i\_, T., took ro part in a con- <_ideraiion of the terms; a;reements and sfderaror. e~ decisio- of :his case. covenants hereinafter set :forth to be ful- ~ ` filled by the :Lessee, does. hereb}• demise and lease to the said Lessee for a pe,:iod to brie-as of thr date of this lease and - , ~a~•:-u.:~:-s to terminate as se; .forth bclon•, that cer- ' fain. lot of •land, together with the church ' _ buildin; and appur:enaaees located. _' "' ' [3, 4] . Th'e 0•ord `.`gratuitous" is defined in Black's Law Dictionary, 4th ed., as Max S. MILLER . follows: "\Vithout valuable or lc,al con- - . _ v. siceration." It is our opinion,••and we so .Wincic Clarice-MILLER.'" t ~~• hold, that the fact that the church main- No. 278. ` -?.. tains and pa+•s "the expenses connected ~~•ith ~• its use of the leased' property, which is a :cpre~.'Cour ti: Norte Ca•rollns. ~` church -building -and its appurtenances on '" ' ~Iarcb i`0, 196S. ~. Rhamkatte Road, does not prevent the: ry church from ecc:tp}•ing this propert}• gra- • ttiitously. It pa.•s no rent for the leased Ac:ior. ~}~ passe ; e: against•drive: for property, at:d: merely maintains and pay; damages for personal `iniuries {sustained in '~ the expenses °connected •with its .use of they highway .accident. ,'The ~ ~uperior , Cour;. leased property ~~•hich it must do to use `• \Ieckienb~:g County, Elbea .'Pee'.,' Tr., T., prorierh• the leased property for ieligious• granted a motion to r. ke`deieases~:elating purposes. Ii the church had o:~•ned this to failure ci ?assenYr. to use seat bell, and • ]eased propert}•. and had used it, it, would appeal o-is taken. '~ The Supre~ic Court, have had to •maintain it and pay the e- Sharp,`J., aeia, intee aiia, that since c_e`csrc penses connected-with -its use as church is measured by the rstotLar.~ conduct of the property.. To adopt- a contras construe- reasonabir ?rudest ma-, scam use n•'t:ich the • tion• .could mearL a narrow and stinting ~ a~erag'e motorist maker of his Seat belt, construction of the statute. It is clear plus fac; :hat there •is ~o siaacs:d" for that ii the church were the oisn;r of this deciding when it is .e;ligenee not :a use' an property which it uses wholl}• and exclu- available rest belt. i :dicates that ~o du:}• sivel}• for religious worship, it would be should be imoosed ;:po : motorists :o use exempt from taxation. It seems to us, and them :our:^ely whe :eve: the}• travel upon 160 5.:.2~-S L .~~~ ~ ~ APPELLANT'S_ 330 ~. C. 316 SOUTH EASTERN REPORTER ~>~~ T ~ Z Lj i queer change by Mr. McGraw: The. conclu- sion that the newly' discovered e~•idence will probably result. in an affirmative answer in plaintiffs favor on a.nea• trial of Issue No. 6 is fully supported by the e~-idence. By his fins) assignment of error .the de- fendants contend that the court erred when it granted a new trial as a matter of law and not in the exercise of aiscretion. ~i%e disagree and hold the judge acted properly. After stating his separate findings of fact and conclusions of law, the judge decreed: . For the foregoing reasons, the Court nor gents the. Motion of the .Plaintiff for a neR• trial as t,o Issue = 6 and orders that the case be set for a new trial on said Issue. R'e hold this ruling to be a discretionary one. As noted earlier, the motion before the court a•as made under Rule 60(b)(2). This rule allows discretionar~• relief upon a proper shoa-ing. On the facts found and conclusions made we find no abuse of dis- cre~on in ordering a new trial. Sink t: Easter, 28r' :~.C. 183, 217 S.E.2d 53211975). But see and compare Carter r. Carr, 68 N.C.4pp. 23, -, 314 S.E.2d 2S1, 283 (19i;4). Afnrtned. HILL and i3ECTON, JJ., concur.:,. w O S Ur MuwtFt SrUt~ T ~, }~~ l ~~c In the Aiatter of The Appeal of hiECF:LENBURG COL'1~'T~'. o. S310PTC9 i 3. Court of Appeals of North Carolina. ~.- June 19, 198;. personal property owned by an incorporat- ed, research institute, and the corporation appealed. The Court of Appeals, ,Hill, J., held that in view of substantia)' control exercised over personal property in ques- tion by such nonprofit corporation and by contractor at facility in question, contractor was acting as agent -for the nonprofit cor- poration in its use of the personal property, .and such nonprofit corporation controlled the ultimate purpose for which the proper- ty was used, and the personal propem• was therefore "wholly and exclusively used" by such nonprofit corporation as its owner, and qualified for exemption. Decision of Tax Commissioner, re- versed, .and- case remanded. 1. Taxation a2d1.1(?) Question of what is meant by "wholly and exclusively used b}• its owner" for pur- poses of exemption from, ad valorem taxes on personal propem• who11}• .and exclusive- ly used by owner foz nonprofit educational, scientific. literan• or charitable purposes was. io: purposes of appeal, question whether p::rpose for which the propem• was being used was ultimately controlled by the co:poration reeling exemption. 26 li:S.C.A. § 503(c)(3): G.S. §§ 105-278.7, l0a-~278.7(b)(1). - 2. Taxation «241.1(4) In view of.substantial control exercised over personal propem• in question by non- profit corporation seeking exemption and by contractor at facilin• in question, con- tractor a•as acting as agent for the non- profit corporation, in its use of the personal propem•, and such nonprofit corporation controlled the ultimate purpose for which the propen• was used, and the persona) propem- was therefore "wholly and exclu- sively used" by such nonprofit corporation seeking exemption, as its owner, and quali- fied for exemption from ad valorem taxes. G.S. § 105-278.7. . The State Propem• Tax Commission This es an appeal. by Electric Power Re- •` denied exemption from ad valorem taxes on search Institute, Inc., from a denial by the •61 North Carolin: for exemption personal props Previously, the of Equalizatio: County Tax S: the application .Institute for e: Board of Cout the decision to Tax Commissic as the State Review, heard reversed Meck Equalization a: Grier, Parke. Gage ~ Prest and Garv C. I+ Ruff, Bond, Hamlin L. ~C~ HILL, Judgt Electric Pov (hereinafter "i ration incoroo: District of Col al states, incl members con. cooperati~•es. research relat< has been gran Section 503(cK Code and prior had been gr. North Carolin: . use tax. EPR ed exemption side of North In addresser. peal, the- \ o Commission heard the ma- following pert EPP.I is enE projects in Me a real estate search Park North Carolin: owner of per: ~y an incorporat- the ,corporation appeals, Hill, J., ~stantial `control roperty in~ ques- •poraton and by •stion, contractor ie nonprofit cor- •rsonal property, -scion controlled •nich the proper- .~al properly was :isively used" by "`as iu owner, ~... , ~mmissioner , re- .east by "wholly owner" for pur- d.a•alorem~ taxes }• and exclusive- •oft educational, arable purposes .pDeal, 7 question :h` the propem ately controlled exemption, 26 -,: - control exercised ;uestion by non- e~emption and 1 question;:con- nt.~for,the non= of the`personal ofit corporation -Dose for which :d" •the~ personal dolly' and exclu- •ofit corporation ~•~•ner, and quali- valorem- taxes. ..i aric='Power Re- a denial`by th ~I 62 ~ :' s ' f '• ~~ -. .v a of ~ -1r •: ~~; r'`.. _ ~, -., :.: ;_ t ~~F~LLANT'S EYI;IBIT~z~ _ .APPEAL'OF AfECKLENBL~tG COUNTY. N. C. , 331 C1te u 316 s.E2d 330 (K.C.Ayp. 1984) North' Carolina' Property Tax Commission , valorem .tax" value of S767,607,00,~ which • for 'exemption from ad valorem taxes~..on -was located in the -real. estate facility. personal property in"'Mecklenburg County. On 1 'Februar~• ~1980•EPRI entered into a ' Previously, the Mecklenburg .County Board master agreement with J.A. Jones 'Applied of"Equalization and "R'eview 'reversed _the Research Company (hereinafter "Jones"); a County Tax Supervisor's decision denying for-profit company, to perform two major the application of Electric Pow er-Research .research projecu. The personal .property Institute.for exemption: The Mecklenburg in question is being used iniconnection~aith Board of County "Commissioners appealed the performance of the two projects_bv the decision to>the North Carolina Property Jones:` One project is being supervised by Taz Commission. That Commission, sitting Gary Dau, an employee of EPRI,•who re- as the' State ~ Board of Equalization and sides in' California. Mr. Dau was at the `:Review, heard the -matter de no~;o, ~ and ~ Charlotte plant twenty-one~~days beginning , reversed• Mecklenburg County's Board of 1 January'1982 through~October; 1982; and Equalization and Review. it was` anticipated that he-would .be'at the plant'-an additional ten "dais through De- Grier, Parker, Poe, Thompson, Bernstein' cember. 1982. The other project was su- Gage gPreston by W: Samuel Woodard per~ised ~bS• =Joe Danko,- an employee of and Gan C. Ivey, Charlotte, for appellant. : EPRI,'and' he also: lives in California. , 11r. Ruff, Bond, Cobb, ~'Va'de & McNair by Danko was ai~the• Charlotte 'plant tu•eaty Hamlin L. Wade, Charlotte, for appellee. days from' 1 January "1982' through Octo- ' ber;' 1982; -and it ~ was anticipated that he HILL, Judge. " Electric ePo~•er Research Institute, :Inc., (hereinafter."EPRI") is ;a nonprofit corpo- :.ration incorporated-.under the laws oi.-the District of Columbia. It_ooerates in sever- al states, -including Noah Carolina. Iu members consist of electric utilities. and cooperatives. EPRI .engages in scientific research related to the power industry. dt has been granted tax exempt status under Section 303(c)(3) of the Internal Revenue Code and prior to .the 'bringing of this suit had been granted . exemption from the North Carolina ~incorlie tax 'and sales and 'use tax. ``EPRI had heretofore been grant- ed exemption from ad valorem taxes out- side of North Carolina. ~ ' In.addressing Mecklenburg County's ap- peal, the . Torth Carolina, 'Property Tax Commission (hereinafter.. "Commission") heard the matter„de noao, and made "'the .following pertinent findings of fact:~ , ' - EPRI is engaged. in. two major research .projecu in Mecklenburg County. It•.,leases a real estate facility .in the University Re- search Park area near the University of North Carolina at Charlotte. EPRI is the owner of'`personal property having 'an ad r•-•-- - •through December,.1982:-'The nutnbei• of days spent b}• each' EPRI emnlo}~ee'is rep- resentative of the number of ~aa~ s any: suc- ' cessor might be at the plant. Both EPRI emolo~ees were present to supe:~ise `the respective projecu in accordance with the master agreement. All other employees at the Charlotte 'location are` employees of Jones, the number of such persons being about fifth-. EPP.I has approximately 700 emplo}•ees, including administrators and scientisu, who plan and manage research primarily tamed out through other organizations. Most of these employees reside in Califor- nia. The resulu of EPRI's research are published and made available to utility companies and to the public. Jones does not lease the personal proper- ty owned by EPRL Nor. does EPRI re- ceive any'rent or other income from Jones. EPRI pays to Jones iu cosu and a fee for its services under the master agreement. Based upon iu findings of fact and iu rules of starutory construction, the Proper• ty Tax Commission concluded that G.S. 10~-278.i(b)(1) does not allow the exemp- tiom of personal propemowned. by EPRI t ~~ . , ~~ ,~~/ ;~ _, r F ,r n~PELL ^ NT'S ~1 r -7 332 ~• C. 316 SOL"I'H EASTERN REPORTERY2d S~R~IES ~ - 2 f-- but used on a da}• to da}• basis by Jones. For the purpose of its decision the Commis- sion assumed, but did not specifically reach, the conclusions of lave that EPRI is a scientific association, that its personal propem• is used for nonprofit, scientific purposes, and that Jones is acting as agent or contractor for EPRI. Such conclusion effectively reversed the decision of the Mecklenburg Coun}• Board of Equalization and Review, thereb}• den}•ing an exemption to EPP.I for ad valorem taxes on its person- al propem. The appeal presently pending is gov- erned principal)}• be the terms of G.S. 105- 278.7 which provide in pertinent part as follows: . "(b) Personal propem• shall be ex- empted from taxation if wholly owned by an agency listed in subsection (c), below, and if: , (1) lifiolly and exclusively used by its owner for nonprofit educational, sci- entific, literary, or charitable purposes; (c) The following agencies, when the other reouirements of this section. are met, ma}• obtain propem- tax exemption under this section: (4) A scientific association or instiru lion. (f) R'ithin the meaning of this section: (2) A scientific purpose is one that yields • knowledge systematically through research, ea-perimentation, or other work done in one or more of the natural sciences." Although several assignments of error are brought forth, we believe the control- ling question is what constitutes "exclusive use by the owner." The appellant EPRI contends that corporate entities are~capable of acting only through agents, that is, pro• moters, officers, directors, employers, inde- pendent contractors, trustees, bailees, or other authorized or implied agents. On the other hand the appellee argues that the statute plain)}• sets out that the subject property to be eligible for exemption must be "wholly and exclusively used by its own- er for nonprofit purposes" through its em- ployees onh•. In construing a statute several basic ten- ets stand out. First, it is elementary that statutes are to be interpreted by giving words their "narural and .ordinary mean- ing." Borders r. Cline, 212 I.'.C. 472, 193 S.E. 826 (1937). Also, it is abundantly clear in North Carolina that exemption statutes are construed strictly is favor of taxation and against exemption, although such statutes are 'not to be stinting]}• or narrowly construed. Sale r. Johnson, Commissioner of P.evenue, ?S8 N.C. 749, 129 S.E.2d 460 (1963); Seminary, Jnc. t•. li~ake County, 201 N.C. 775, 112 S.E.2d 528 (1960). Any ambiguit~• is resolved in favor of taxation. In re Rapoor, 303 N.C. 102, 277 S.E.2d 403 (1951). The starute under which EPRI claims exemption, G.S. 105-278.1, establishes athree-prong test: (1) the propem• must be owned by a scien- tific association or instirution; (?) the prop- erty must be wholly and exclusively used for scientific purposes; and (3) the proper- t~• must be so used by its owner. [1] Our Supreme Court in !n rc Forest-' ry Foundation. 296 N.C. 330, 200 S.E.2d 236 (1979), addressed the issue of ad valo- rem tax exemption under the~same staruto- ry framework. Although the Court denied the tax exemption under facts non•asser- tive of an agency relationship, the decision focused on the purpose of the propem''s . use and who had control over that use. In view of this decision, the rules of statutory construction, and the statutory test for ex- emption, we address the interpretation of the statute. In giving the words. of the statute their natural and ordinary meaning, they mast be applied to the facts of the case to which the statute is directed. There is no question as to ownership or purpose. EPRI is a scientific association and its personal property here is used for nonprofit, scientific purposes. Had the property been used by an employee of EPRI, the property would have been ex- empt from ad v: question. But the basis was used b; der the direction poses of this apF lion before us in tutes "wholly anc owner" is u•heth~ the property is 1 controlled be EPF - A corporation (i association) is an `~ istence is minore~ a creature of the ,~ can' do nothing. nel can it perform a board of direct :,~ %: molds policy for t cers-president, treasurer-are re: `: policies through d superintendents. ment personnel d: ployees who are the day to day pe: '' sting machiner}• corporation itself even though ma~ employees never _ ed. The definitions The record, thror Darius, the treas~ method of open "use" of the pro testimony in per EPRI selects ti ucts to be evalu: does it do the studies are done i development is d scientists and enF office in Califon. operations and search is carried and in foreign tE the experiments and to utilities at . Four projects Carolina, the pri: lone. The real e~ 1 ~ ~ owned by EPR --~ lit ~:;~ ~.`'~~` ~'S ~Y {- f ~ ~= ~ ~~ ~ Z -r3 .at the subject xemotion must :sed by iu own- .lrough iu em- •reral basic ten- :ementan- that aed bv` giving ~rdinan• mean- : ~.C. 472, 193 is abundantly iat exemption :h- in favor of ~tion, although e stintingly or v. Jonreson, 258, \.C. j•l9, linary,.Irc. v. -~. 112 S.E.2d isresolved in poor, 303 N.C. The statute xemo:ion, G.S. -ee-prong test: :ied by a scien- a: (2)-the prop- :clusiyely used (3) the p:oper- '•~ier. In re Forest- 30, 250 S.E.2d sue of ad yalo- same sta•uta- Court denied :c:.s .non-asser- p,'the decision :he propert}~'s r that use. In s of statutory n• test for ex- :erpretation of words of'the nan• meaning, ficts o the = is directed. ownership or :ic association :e is used for 's.. Had the employee of nave. been'ex- 16 ~IPPE,~L OF 11ECKLE?vBL'RG COLTTY ~'• C• 333 Clte as 316 s.F1d 330 (r~.C.,1pp. 19831 empt from . ad valorem taxation Rithout question. ~ But the propem• on a day to day basis was used by Jones, a.contractor un- der the direction of EPRI. For the pur- poses of this appeal, therefore, the ques- tion before us in addressing what consti- tutes "wholly and exclusively used by its ownei' is whether the purpose to 'which the property is being used is ultimately controlled. by EPRI. '~ :. ?~ corporation (including an incorporated ' • :. association) is an intangible being. Iu ex• _ ,; istence is mirrored •in iu •corporate charter, :. a creature of .the law. .Standing. alone it x;• ~• can do nothing. Only through iu person- >~ •• nel can it perform any function. Generally, c. , • aboard of directors or board of trustees ~ ~: the corporation. The offi- molds policy for , cers-president, vice-president, secretary, y ~ treasurer-are res onsible for Gamin out za • policies through departmental managers or •~ r: superintendenu. These middle manage- ~•~ : merit personnel direct suoenisors and em- :: ~- ~ ployees who are actually responsible for • ~` ~ the day to da erformances: such as o er- y P P , ~!:' adng machinery and the like; vet it is. the ~>` corporation iuelf that uses the equipment. ~, even though many of iu personnel and t< ~:~~ employees never see the niachiner~ operat- ed. the control of EPRI it was sold to a third party and leased back to EPRI. The per- sonal propem was selected for the project, purchased by EPRI and placed in the facili- ty at Charlotte. EPRI planned, .defined and managed the work done in the facility. It selected Jones for on site operations. Jones. was selected fo keep the money raised and spent and also to keep activities ' .separate. It served EPRI exclusively. A master agreement between EPP.I and Jones was entered into under 'the terms of which Jones could be discharged if the non- destructive problems had been spiced by 19E2 or if Jones was not doing a good job: A lean staff of EPRI people was on site . from dine to time so as not to duplicate facilities and technical competency, but it was expected .that one or, more permanent on site EPRI employees would be present as the facility expanded.. EPRI pays a fee to Jones for iu work and iu actual cosu. EPRI. controls the work at the Charlotte facilin•, and in so doing, controls employees of Jones in several ways. First, Jones re- poru to EPRI. EPRI uses controlled tor- . respondence. Reports o; technical name are exchanged. Fieid awaits are per:ormed from time to time to make sure EPRI is getting dollar value. Second. Jones performs tasks under EPRI's direction and control. •I~vo repre- sentatives from California visit the Char- lotte site twice a month. One of them is called the project manager. Both direct people at Jones to do certain things and carry out certain acd~ides in connection with performance under the master agree- ment, including not only the formulation of the general plan .but also detailed tasks. These tasks are monitored by telephone calls, correspondence, and visits to the fa- cility. Third,-Jones maintains custody and care over 'EPRI's propem and acu : as the in- . strumentality for EPRI to use the proper- ty. The equipment on site and the subject of this controversy was, acquired by EPRI ~.. under the terms of the master agreement . for the performance of this project: and ,was shipped to the Charlotte. facility .by • EPRI for educational purposes. EPRI does not lease, the propem. or .rent. it to ~~ -; The definitions of "rase" are limitless. =•. ~ The record, through the testimony of Mr. c.::. ~:~. Darius, the treasurer of EPRI,_reyeals the ~`~' method of operation of EPRI, i.e., the ,::~ "use" of the propem• by iu owner.. His ~~ i; ~ testimony in pertinent part is: as follows: . ~~i~ EPRI selecu the type of research prod- ,.... ~•: ucu to be evaluated. In very few cases a- does it do the research. Mathematical ~:' studies are done in its ofrice, but hardware #':~ development is done in the field. EPRI's scieritisu and engineers .reside in the home office in California, but the company has ;, operations 'and -offices elsewhere.. Re-. search is tamed out all across the country ;~ and in foreign .territories. The results of ~~ the experiments are prodded to the public and to utilities at token, prices. Four projecu are carved on ~ in North Carolina, the principal one being in Char- lotte. The real estate facility was original- ly owned b~ EPRI, but for reasons beyond '"' ~'~i~~~ELLANT'S ,~ 334 '~• C. 316 SOt'TH EASTER\ REPORTERI,~'~a1~ER]~F~ Z 9 I t ~~ 1 :~ Jones. It recei~•es no benefit or income from Jones for its use. EPP.I controls the use of the propem• and determines ~•hat use w which it can be put. Jones does not use the propem for any purpose other than that set out in the master agreement. 411 data generated b~• the facility belong w EPRI. Insurance is carried and the premi- ums are paid by EPRI. It is the opinion of Mr. Darius that EPP.I is bound b~• actions taken by Jones while it is using the equip- ment at the Charlotte facilitti•. (2I In ~iew• of the substantial control exercised b}• EPRI orer the propertc and Jones at the Mecklenburg faciiitr, w•e hold that Jones w•as acting as agent for EPP.I in its use of the personal prooert~•, and that EPP.I controlled the ultimate purpose for which the propem• w•as used. «'e there- fore conclude that the personal propem• k•as "w•holh and ezclusi~ elf used" be EPRI as its owner and Qualifies for exemo- tion from ad ~•alorem razes under G.S. 105- 2 i E.7. , The decision of the North Carolina Prop- ert~- Tax Commission is reversed. The case is remanded w :he Commission for entn• of judgment in accordance here~-ith. Reversed and rer.;anded. BECTO\ and BP, a5~z'ELL. JJ., concur M p 5 ~.. MOr~i, y+St~r T Ira}• E. GL4SSC0, Emplo}•ee, ~•. BELL-TYLER COSiP4.'~~' OF GOLDS• BORO, ?FORTH C4ROLI\A, IBC.. Emplo}•er. and Home Insurance Compan}•• Carrier. Ao. S310IC103S. Court of Appeals of ?;orth Carolina. June 19. 1954. Injured emplo~•ee appealed denial by the Industrial Commission of workers' com- pensation. The Court of Appeals, Hill, J., he]d that claimant's injuries arising when she tripped oeer median in area of mall parking lot designated by mall owners for claimant's employer's employees w•as not sustained as result of accident on employ- er's premises nor ~•hile claimant ~•as per- forming duties for employer. 4ffirmed. ~~-orkers' Compensation c~ ?SO ti~'orkers' compensation claimant's inju- ries which resulted when she tripped over parking lot median in area of mall parking lot designated for claimant's employer's emplo~•ees b}• mall owners were not sus- tained as result of accident on employer's premises or ~i•hile claimant w•as performing duties for her employer, and thus, claimant did not sustain injury by accident arising out of and iti course of emplo}•ment and did not qualif~• for compensation. G.S. § 91- 2(6). . George P.. fiornega}•, Jr., P.4. b~• George P.. hornega}•, Jr., and Janice S.. Head, i-iount Olive, for plaintiff-appellant. Hedrick, Eatman, Gardner, Feerick & Itincheloe by Scott M. Stevenson, Char• lotte, for defendants•appellees. HILL, Judge. The question presented b} this appeal is whether plaintiffs injun• br accident arose out of and in the course of her employ- ment, thereby enabling her w recover com- pensation under the VGorkers' Compensa- tion Oct. The Commission ruled that the injun• br accident did not so arise. ~~'e affirm for the reasons that follow-. Plaintiff, a sa]esperson for defendant at its Berkeley Diall Shopping Center sure in Goldsboro, ?Forth Carolina, arrived in the mat] parking lot at approximately 12:20 p.m. to begin work at 1:00 p.m. She parked her auwr mall parking lot c s employees b~• th~ :'a walked w~•ard •? tripped o~•er a r `` _ Before arriving plaintiff had pun fast-food restaur: ~* Mall Shopping Ce: • eat the sandwich ~ fore clocking in f. x • 12:55 p.m. :`; Defendant leas ~ ~~ the mall from Cai owner. 4ccordir lease, store emoic " the common area areas. The 1and1 the common area adopt rules and r use of the parkin; employees. Puns landlord formulas ter parking plan , for the employee: Plaintiff had be her employer w•h: parking for Bell: map indicating t} ployees were w : ' time clock. She t monished for pa: pre~ioush•. r These parking marked, nor Conti w the general F designated for p '; ees. Defendant': that an~• cuswmE ~: designated for Be employees could the mall parking ees of other swr ing to do with the ter plan for parki by the mall ow•nE bility for the mai: designated parkin. ity belonged w L In den}ing coy & sion, adopting tl: }$ 65 166 `~, r . ~~; ;, r REQUEST FOR BOARD ACTION Meeting Dater 12/18/95 Regular Item #: Consent Item #: 6 Additional Item #: Department: WASTEC/Environmental Mgt. Presenter: Page Count In Agenda Package: 55 Contact: Amy Akin SUBJECT: Approval of Award of Bid # 96-0068 for an upgrade to existing distributed control system equipment to Forney Corporation BRIEF SUMMARY: Formal bidding process was followed regarding the purchase of an upgrade to the current distributed control system at the WASTEC Facility. The bid amount was higher than expected and negotiations were completed to lower the price. The equipment will not be available until the fall of 1996. Money is currently budgeted for this purchase. Staffs plan of action is to encumber current funds through a purchase order and then roll the funds. and purchase order over into next fiscal year to be available when items are delivered and installed. This will enable the County to secure current pricing. RECOMMENDED MOTION AND REQUESTED ACTIONS:- I~ Recommend adoption of resolution awarding Bid # 96-0068 to Forney Corporation, the only ~~ ` bidder, in the negotiated amount of $150,500.00. ,, ~I II; ,, I~federal $: State $: County $:150,500.00 User Fees $: Other $: Money Is In Current Budget: Yes Budget Amendment Prepared: No New Appropriation Request: No REVfEWED BY: LGL: APP WCOPLEY FIN: BUD: APP CGRIFFIN HR: N/A AMALLETT ' COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. Please see the attached memo from John H bard on this matter. . ., ~ r : .~ .r., ~ 167 Refer to Office Vision Bulletin Board for Disposition DEC-0A-95 FRI 15:13 NEW HANOVER CO WASTEC 91A3414172 P. A2 N~~V' HA~:NOVER CO[~1VTY . . IN'TER~OFFZCE ~ ,~ ~,.~ December 7, 1995 ~ h, TO: L 'NE.AI, . ... ._~ ;, r FROM: 70 HUHBARD ' ~ ~ ~ ~ . ' . ~,. 5 ' ~~ ~ = `FORNEY DISTRIBUTED.CONTROL SYS~'EM (DCS) ' "' . ~ ~ ~ a . This responds to your request' fo describe what the Distributed Control System (DCS) does. ~ _ Basically, the DCS is the "brains" of the automatic operation of the plant.. Using a number of ` ' " computers And four touch screens ~t receives signals from nucnerous sensors tlu-oughout the plant, analyzes the signals, then sends positioning signals that control equipment. It also provides the operator in the control room a visual display of equipment operation and allows the operatoc human intervention when helshe considers it necessary. When we say the plant is in automatic, the l±orney DCS is actually operating the equipment and we.are monitoring what is going~on.~ .. cc: Ray Church ~~ ~~ - . - 'r ~~ a _. 168.. ~ ~ ..: ._ a . 5 ..... i~ e ;/ `, ~. 7 1 ,~.= ,~~ • RESOLUTION OF THE BOARD OF COMMISSIONERS • • OF NEW HANOVER COUNTY WHEREAS, attcr due advertisement, bids were received and publicly opened by the Finance Department at 3:00 p.m. Tuesday, on the 26th day of September, 1995, at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bid was received for upgrade to the Forney distributed control system for the WASTEC Facility of the Environmental Management Department, Bid # 96-0068: Forney Corporation $152,260.00 AND WHEREAS, the bid received exceeds the amount of funds available for the purchase and as provided in G.S. 143-129 New Hanover County has negotiated with Forney Corporation, the only responsible bidder, making reasonable changes in the specifications necessary to bring the contract price within funds available, copy of negotiated changes attached as Exhibit C of the contract draft; AND WHEREAS, the Environmental Management Department, the Finance Director and the County Manager reconunend that the contract be awarded to Forney Corporation, a, foreign corporation organized under the laws of the state of Delaware, the only responsible bidder, in the negotiated amount of One Hundred Fifty Thousand, Fivc Hundred Dollars ($150,500.00); - _ , AND WHEREAS, funds have been previously appropriated and are now in Account No. 700-485-4193-6400 to cover this contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for upgrade to tl~c Fomey distributed control system for the WASTEC Facility of the Environmental Management Department, Bid # 9G-0008 be awarded to Forney Corporation in the negotiated amount of Onc Hundred Fifty Thousand, Five Hundred Dollars ($150,500.00); and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. C,''' (SEAL) ~1 . . This 18th day of December, 1995. ATTEST: Chairman, Board of County Commissioners Clerk to the Board _ . ,4~ 169 DRAFT ~ New Hanover"Count Contract # 96 - 0068 .a Y NORTH CAROLINA AGREEMENT NEW HANOVER COUNTY THIS CONTRACT, "..made and 'entered into .this . " ~ day " -R _ of ~ _ ~ ," 1995,~by arid between NEW HANOVER.~000NTY, a political subdivision of the State of North Carolina, hereinafter referred to, as "County"; and FORNEY CORPORATION, a foreign corporation organized under the laws of the ,~ ~ - - { State of.Delaware, hereinafter referred to. as:"Vendor": ~. -~ , . .. WITNESSE.TH: WHEREAS, .County advertised for bids for .Forney DCS Upgrade for the WA'STEC. Faciiity of _'the' Environmental Management Department,, Bid #96-0068, and bids were received and opened as required by law; and. ~ ' WHEREAS, after careful consideration of the bid proposal submitted by Vendor, the Board of Commissioners of New Hanover County has adopted a resolution authorizing the acceptance of such bid .proposal grid the execution ^of a contract with Vendor .covering the purchase, de livery,. and installation _of Forney DCS Upgrade, according to~ Vendor's ~ Bid Prop°osal No. S203-725, Rev 1 and .negotiated changes ,.~ . ~.. #S203-725, Rev 5. NOW, THEREFORE, in consideration of the mutual benefits inuring to the;~ parties hereto, said parties covenant and a ree as follows: 9 1. Exhibits_to Contract. The Bid Package, which includes County's Technical Specifications, Invitation to Bid and Instructions to Bidders, marked Exhibit, Vendor's Bid Proposal, marked Exhibit B and negotiated changes marked Exhibit C; are attached hereto and made a part of this contract as though fully written herein. 2. Risk of Loss. Risk of loss to Count for the oods urchased s y g p hall 1:70- w B l ~! f. New Hanover County Contract # 96 - 0068 remain with Vendor until the goods are delivered to County F.0.6. WASTEC Facility, 3002 lJS Highway 421 North, Wilmington, North Carolina. 3. Delivery. Vendor shall complete all work at the WASTEC Facility within fifteen (15) calendar days after work has been initiated. The commencement of work at the WASTEC Facility must be pre-approved by the Environmental Management Director. If Vendor fails to complete all work within the specified time, County may exercise one or both of the following options: a. terminate this contract and may, without prejudice to an action for damages or ,any other remedy take- the. prosecution of the work .out of the hands of the Vendor. County may enter into another contract for the completion of this contract or use such other methods as county may deem necessary and required for the completion of this contract. County may deduct all costs of completing this contract from any monies due or which may become due to Vendor. ~' b. assess liquidated damages against Vendor in the amount of One Thousand Dollars ($1,000.00) per day for each consecutive calendar day following ~! the .specified com letion date that the work or erformance P p ,herein contracted for, remains unfinished and incornplete. The maximum amount assessable as liquidated ~"" damages shall not exceed ten percent (10%) of the~contract value. It is understood and ~. agreed by the parties hereto that time is of the essence and that the sum of One Thousand Dollars ($1,000.00) per day is agreed upon as liquidated damages; that the provisions for damages are a bonafide rovision for such and are not a p penalty. It is :~ ~; understood and agreed that if-the work herein contracted for is not completed and finished as scheduled herein, the County will have sustained damages and, therefore, the provision for liquidated and agreed upon damages has been incorporated in this 2 171 . ~ New Hanover County Contract # 96 - 0068 contract a provision beneficial to both;parties. ~ ..~ ~ ~ ~ - 4. Purchase Priee.,-.The total purchase price for said goods-in the sum of One Hundred 4Fifty Thousand. Five .Hundred ($150,500:00) :Dollars shall be paid within thirty {30) days after- reeeiPt~ of the goods, their installation, their acceptance by County and receipt of invoice. - . , 5.. Indemnity. Vendor~shall indemnify and hold-New Hariove~r County,' its agents and employees, harmless against any and ali claims, demands;"~ causes of action, or other liability,. including attorney fees, on:.account of personal injuries or death or on account of-property darnages~ arising out of or relating fo the'work to be performed .by Vendor hereunder; .resulting from. the .negligence of or the willfuf act or omission~of Vendor, his -agents, employees.and subcontractors. - ` 6.. Insurance.. Vendor shall. maintain insurance from companies licensed to write business in North Carolina and acceptable to New.Hanover County, of fhe kinds and minimum amounts. specified below. ' 7.. Certificates and•Notice of Cancellation` Before commencing work under this contract, Vendor shall furnish,.C.ounty withcertificates of all insurance required .below. Certificates shall; indicate the type, :amount,-class of operations covered effective date and expiration `date :of all :policies; and sha11contain the . ~:.. following statement: ~ _ :~ ~ . - .:. f. a ; - - - "The insurance covered ~ by..this certificate :will - not ~ be ~~ - `~~~ canceled or materially altered, except after thirty (30) days written -notice has been received by County" -. ~ .~ ' 8. Workers Compensation and Employers Liability Insurance. - ° ~ :'. ~' CovecingF:all of the Vendor's.employees to be~engaged in the work~under this contract,'`! providing .the required. statutory benefits under North Carolina Workers Compensation 172 3 ~i '' New Hanover County Contract # 96 - 0068 Law; and employers liabilit insurance rovidin limits at least in t . Y p 9 he amount of $100,000/500,000/100,000. applicable to claims due to bodily injury by accident or ~. disease. ,~i 9. Commercial General Liability. Including covers a for inde endent 9 P contractor operations, contractual liability assumed under the provisions of this contract, products/completed o erations liabilit and broad form ro e p y p p rty damage liability insurance coverage. The policy shall provide liability limits at least in the amount of $1,000,000 per occurrence, combined single limits, applicable to claims due to bodily injury and/or property damage. New Hanover County shall be named as an additional insured under this policy. ~' 10. Automobile Liabilit Insurance. Cove ' - y nng all owned, non owned ~~ and hired vehicles, providing liability limits at least in the amount of $500,000 per occurrence combined single limits applicable to claims due to bodily injury and/or property damage. . . 11. Contractor's Warranties. Vendor makes the following warranties ~~ concernin the materials a ui ment and 9 q p work furnished pursuant to this contract. 11.1. Warranty of Title. Vendor warrants that title to all work, materials and equipment covered. by a request for payment, whether incorporated in the project or not, will have passed to County prior to the submission of the request for ~ -~ .` ,- .~ payment, free and clear of all liens, claims, security interests and encumbrances. 11.2. Warrant of Materials and y Equipment. Vendor warrants to County that all materials and equipment furnished under~this contract will be new unless ~ 4~ otherwise specified, will be of good quality and free from faults and defects, and will conform with the contract documents. Vendor warrants all such materials and ~ 4 173 ~1 s New Hanover County Contract # 96 - 0068 e ui ment fora eriod of one 1 ~ L q P p ()year from the date of County's first beneficial use or occupancy of same or eighteen (18) months from date of delivery of"the~equipment fo the FOB point, whichever shall occur first. Should any failure to conform to this warranty arise within the warranty period, Vendor shall, upon prompt notification thereof and provided that the equipment has been stored, installed, maintained and o erated in accords p nce with good andustry practice and any specific written recommendations of Vendor, correct 'such nonconformity by repair or, at its option, by replacement of such defective item at no cost to the.:customer. Seller shall not be responsible for the cost of removing and replacing defective items which can be isolated and replaced using normal troubleshooting and maintenance procedures. This includes~items such a light bulbs, fuses, printedcircuit cards, power supplies, valve packings, etc.= ~ Iri these cases, Forney will provide a replacement or repair part in exchange for that determined to be defective with transportation cost to and from site prepaid. Seller shall not be ~. responsible for the costs~of removal or insfallafion of any item not supplied by Seller. The effects,of corrosion, erosion, aging and normal wear are specifically excluded0.from ~ this warranty. ~ ._ 11.3 Warranty of Work. Vendor warrants that the work and services to be performed under this contract shall be free from defects in workmanship and material Should any failure to conform. to this warranty arise within one (1) year from'date of `' County acceptance of work and services or eighteen (18) months`from the date of delivery of the equipment to the FOB point, whichever shall occur first, Vendor shall, correctsuch nonconformity by repair or, at its options, by replacement of such defective item at no cost to the customer. Vendor shall not be responsible for the costs o~~ 174 5 New Hanover County Contract # 96 - 0068 removal or installation'of any item not supplied by Vendor. The effects of corrosion, erosion, aging and normal wear are specifically excluded from this warranty. If Vendor fails to make good faith efforts to make cure after notification of any nonconformity; then County may make such corrections or subcontract to other parties to make such corrections and Vendor shall pay the associated direct cost. A written accounting of all back charges must be submitted with invoice to Vendor. 1 The foregoing warranties are exclusive and in lieu of all other warranties whether written, oral or implied, in fact or in law (including any warranty of merchantability or fitness for a particular purpose). ' 12. Bonds Required. Pursuant to Article 3, Chapter 44A and Article 8, Chapter 143 of the North Carolina General Statutes, Vendor shall furnish performance bonds, as herein described: A Performance Bond in the amount of one hundred percent (100%) of the 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 New Hanover County. This bond shall remain in effect at least until one (1) year after the date when final payment becomes due. The Performance Bond shall be executed by a surety company legally authorized to do business in the State of North Carolina and shall become effective upon the execution of the contract. The surety bond must be in the form set forth in NCGS 44A-33, without any variations therefrom. The Contractor shall provide surety bond wherein Surety waives notice of any and all modifications, omissions, additions, changes and advance payments or deferred payments in or about the Contract, and agrees that the ~ 6 175 1 New Hanover County Contract # 96 - 0068 obligations undertaken by the Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The surety bond must set forth no requirement thaf suit be initiated prior to the time stipulated in applicable North Carolina Statutes of Limitation. 13. Default and Termination. If Vendor materially breaches any one of the terms or conditions contained in this contract and.fails to make good faith efforts to cure within five (5) working days upon receipt of written notice thereof, County may terminate this contract forthwith. In the event of such termination the following shall apply: County may contract for like or substantially similar equipment and installation service elsewhere to compensate for any undelivered goods hereunder and the completion of this contract. Should the purchase price thereof exceed the' purchase price of the goods and services contemplated hereunder, Vendor shall pay to County such ~, difference in price. 14. Non-Waiver of Rights. It is agreed that County's failure to insist upon the strict performance of any provision of this contract or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this contracf 15. Subcontractors: Vendor shall be fully responsible~for all ~ . negligent acts and omissions of his or her subcontractors and of persons and organizations employed by them to the same extent that Vendor would be responsible for these acts and omissions. Nothing in the contract documents shall create any contractual relationship between County and any subcontractor or other person or 176 ~' New Hanover County Contract # 9G - 0068 organization havin a direct co r g nt act with Vendor, nor shall it create any obligation on the part of County to pay any money due. any such subcontractor or other person or organization, except as may otherwise be required by law. 16. Assignment. The parties mutually agree that this contract is not assignable and shall not be assigned by either party without the written consent of the other party and the suret to this contract. Y 17. Non-Discrimination. Vendor will take affirmative action not to discriminate against any employee or applicant for employment or otherwise illegally ' deny any person participation in or the benefits of the project which is the subject of this contract because of age, race, creed, color, sex, age, disability or national origin. To the extent applicable, Vendor will com I with all rovisions of Executiv p Y p e Order No. 11246, the Civil Rights Acts of 1964 (P. L. 88-352) and 1968 (P. L. 90-284), and all applicable Federal,~State and local laws, ordinances, rules, regulations, orders, instructions, designations and other directives promulgated to prohibit discriminations. Violation of this provision, after notice, shall be a material breach of this agreement and may result, at Count 's o tion in a termination or sus ensio Y p p n of this agreement in whole or in part. 18. Familiarity with Laws. The Vendor specifically acknowledges that he has made himself familiar with all Federal, State and local laws, ordinances, rules and regulations, including all Federal and State Occupational Safety and Health Act (OSHA) requirements, which may in any manner affect those engaged or employed in the work of the project, or the materials or equipment in or about such work, or in any way affect the conduct of such work and agrees that he, his employees, subcontractors ' and suppliers will, at all times, comply with same. If the Vendor shall discover any 8 177 New Hanover County Contract # 96 - 0068 provisions in the Contract Documents which are contrary to or inconsistent with any such law ordinance, rule or regulation, he shall immediately give notice thereof to the County in writing, identifying any items of work affected, and he shall not proceed~until he has received written direction from the County with respect to these items. If the Vendor performs contrary to or inconsistently with any such law ordinance rule or regulation without giving such notice, he shall. bear all costs which area consequence of such performance. 19. Notices. All notices required hereunder to be sent to either party shall be sent to the following designated addresses, or to such other address or addresses as may hereafter be designated by either party.by mailing of written notice of such change of .address; by Registered Mail, .Return Receipt Requested: . To County: ~ . New. Hanover County WASTEC Facility Attention: AI Canady 3002 Highway 421 North . Wilmington, NC 28401 To Vendor: Forney International, Inc. Attention: Mike Stiliha 3405 Wiley Post Road Carrollton; Texas 75006. ~ ` 20. Independent Contractor. tt is mutually understood and agreed that Contractor is an independent contractor and not an agent 'of County, -and as such; Contractor, his or her agents and employees shall not be :entitled to any County employment benefits, such _as, but not :aimited to, vacation, sick leave, insurance,' worker's compensation; or pension. or retirement benefits. ~ . 21. Interpretation. All of the-terms and conditions confained~ in the 178 9 t t r i i New Hanover County Contract # 96 - 0068 contract documents shall be interpreted in accordance with the laws of the State of North Carolina. 22. Entire Understanding. This contract constitutes the entire understanding of the parties and contains all of the terms agreed upon with respect to the subject matter hereof. No modification or rescission of this contract shall be effective unless evidenced by a signed writing. IN WITNESS WHEREOF, the parties have caused the execution of this instrument, by authority duly given on the day and year first above written. NEW HANOVER COUNTY [SEAL) Robert G. Greer, Chairman Board of Commissioners ATTEST: Clerk to the Board [CORPORATE SEAL] ~ - FORNEY CORPORATION President _ ATTEST: Secretary ,0 179 New Hanover County Contract # 96 - 0068 This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. County Finance Director NORTH CAROLINA NEW HANOVER COUNTY Approved as to form: County Attorney i, a Notary Public of the State and County aforesaid, certify that Lucie F. Harrell personally came before me this day and acknowledged that she is Clerk to the Board of County Commissioners of New Hanover County, and that by authority duly given and as the act of the Board, the foregoing instrument was signed in its name by its Chairman, sealed with its official seal and attested by herself as its Clerk. WITNESS my hand and official seal, this day of , 1995. Notary Public My commission expires: STATE OF COUNTY OF I, a Notary Public of the State and County aforesaid,. certify that personally came before me this day and acknowledged that (s)he is Secretary of FORNEY CORPORATION, a foreign corporation, organized under the laws of the State of Delaware, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President,. ,sealed with its official seal and attested by himself/herself as its Secretary. WITNESS my hand and official seal, this day of ~ ; 1995. My commission expires: 180 Notary Public COUNTY OF NEW HANOVER, NORTH CAROLINA INVITATION TO BID ON FORNEY DCS UPGRADE FOR THE WASTEC FACILITY Pursuant to Section 143-129 of the General a St lutes of North Carolina, sealed proposals addressed to Amy J. Akin, Purchasing Agent, New Hanover County Finance Office, 320 Chestnut Street, Room 602, Wilmington, North Carolina 28401 and marked "BID FOR FORNEY DCS UPGRADE, BID # 96-0068" will be accepted until 3:00 p.m. Tuesday, September 26, 1995. The bids will be publicly opened and read immediately following the latest time for receipt of bids in the New Hanover County Administration Building, 320 Chestnut Street, Room 601, Wilmington, North Carolina. Instructions for submitting bids and complete specifications may be obtained at the County Finance ' Office during regular office hours. The Board of County Commissioners of New Hanover County reserves the right to accept or reject any or all bids and to make the purchase which will be in the best interest of the County. Amy J. Akin Purchasing Agent New Hanover County Advertised: September l0, 1995 EXHIBIT A 1 8 1 TECHNICAL SPECIFICATIONS BID # 96-0068 FORNEY DCS UPGRADE Purpose The purpose of issuing this bid is to upgrade our DCS Auto ECS-1200 (Distributed Control System) for WASTEC. Generallnfornration .. . The New Hanover County WASTEC.Facility is issuing this bid`to obtain proposals for a complete upgrade of our Auto ECS-1200 (Distributed Control System) to revision six for the DCS Auto ECS- 1200 (Distributed Control System). Scope of Work Vendor is~required to furnish all labor, materials, equipment, training, and supervision required to furnish and install the required Upgrade to the New Hanover County WASTEC Forney System. Vendor shall deliver to the site all materials before upgrade begins. Vendor shall complete all work at the WASTEC Facility within fifteen (15) calendar days after work has been intitieated. The commencement of work at the WASTEC Facility must be pre-approved by the Environmental Management Director. Vendor shall provide daily updates of progress of work to the WASTEC Maintenance Manager. Vendor shall provide ten days of training. Training to include technical training of programming and system 'changes, instrumentation training of five personnel and operational training of 15 personnel. All training to be complete before acceptance of work. Vendor shall perform checkout of system for five days, checkout must be completed with the plant on line operating under normal conditions for five days. The system checkout must approved by 'the WASTEC Maintenance Manager. Training and System checkout will be signed off as completed, and confirmed by Vendor and WASTEC. E/ectrical Requirements All equipment computers, PLC's, Monitors, Remotes and any other items requiring electrical power shall be of the same voltages as our existing equipment. 1~2. T-lof3 Slandard Features Will include reutilization of existing components so that all existin UO can be reutilized, all existin g g ® graphics and logic functions must transfer directly. "' Four (4) HRCRT Monitors (High resolution 1280 x 1024, Model E20FEA-200) Rack mounted monitor with touch screen. Four 4 Modificati () on Kits Kits to modify existing console from Ayldin to Intercolor Four (4) ECS 189 Forney non-interlaced video drive board ECS-A189, including timing software and mounting rails. Four (4) HRCRT Video Driver Video driver (Pentium 90MHZ or) supplied with Forney REV.6 AT485 communications board ECS- OA2111, 8 megabyte memory, 1.2 megabyte high-density floppy disk drive, 245 megabyte hard disk drive, expanded QWERTY keyboard and associated cables. Four (4) PIP Interface Cables One cable 100 ft. long, for connection of the video driver to the controller Peripheral Port (PIP). Four (4) New slide rails to re lace existin rails. P g Four (4) ECS A211 AT485 Communication cards. Three (3) Redundant controllers (One Per Unit) ECS-OS micro-processor (80386E~ with floating point co-processor (80387), combining regulatory and sequential control. Each controller will be provided with redundant chassis. Each chassis will include the following: 1 ECS-A210, Peripheral Controller Card (PCC) for the serial communications interface card for UO and Peripherals. 1 Multi-slot chassis 1 ECS-A209, SBC095 Controller card. 1 ECS-214, Communications Procotol Controller (CPC-2) 1 ECS-219A, Dual Port Memory (DPM). ECS-219B will be supplied in the backup chassis . 1 A/R Associated power cabling T-2 of 3 1 8 3 Additional Equipment Six (6) sets of operating and instruction manuals for the new system. Industry Codes and .Standards Design and construction of equipment must be done in.accordance with all appropriate Local, State, and Federal codes and standards. Those codes include but may not be limited to: ' American National Standards Institute, Inc. (ANSI) . ~ . American Society for Testing and Materials (ASTM) Institute of Electrical and Electronic Engineers (IEEE) Standards • National;Electrical Manufacturers Association (NEMA); Motors Generators, ;. Publications Nos. MG1; MG2, and MG13 National Electrical Codes (NEC); Article 610 for Electrical Wiri_ ng and Equipment Underwriters Laboratories (iJI,) - - .~ . '. n r. L 0 C 0 INSTRUCTIONS TO BIDDERS NEW HANOVER COUNTY, NORTH CAROLINA BID # 96-0068 FORNEY DCS UPGRADE New Hanover County Finance Office Attn: Amy Akin, Purchasing Agent 320 Chestnut Street, Room 602 Wilmington, NC 28401 Phone: (910) 341-7190 Bid Deposit Requirements No proposal will be considered or accepted by the County unless at the time of its filing the same shall be accompanied by cash or cashier's check on some bank or trust company insured by the Federal Deposit Insurance Corporation in an amount equal to and not less than five percent (5%) of the proposal. In lieu of making the cash deposit as provided, such bidder may file a bid bond executed by a corporate surety licensed under the laws of North Carolina to execute such bonds, conditioned that the surety will upon demand forthwith make payment to County as obligee upon said bond if the bidder fails to execute the contract in accordance with the bid bond. This deposit shall be retained if the successful bidder fails to execute the contract within ten (10) days after the award or fails to give satisfactory surety as required herein. Performance Bond Requirements Pursuant to Article 3, Chapter 44A and Article 8, Chapter. 143 of the North Carolina General Statutes, Vendor shall furnish performance bond in the amount of one hundred percent (100%) of the 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 New Hanover County. . This bond shall remain in effect at least until one (1) year after the date when final payment becomes due. The performance bond shall be executed by a surety company legally authorized to do business in the State of North Carolina and shall become effective upon the execution of the contract. The surety bond must be in the form set forth in NCGS 44A-33, without any variations therefrom. The Vendor shall provide surety bond wherein surety waives notice of any and all modifications, omissions, additions, changes and advance payments or deferred payment in or about the contract, and agrees that the obligations undertaken by the Bond shall not be impaired in any manner by reason of nay such modifications, omissions, additions, changes, and advance payments or deferred payment. Page I-1 of 6 185 The surety bond must set forth no requirement that suit be initiated prior to the time stipulated in applicable North Carolina Statutes of Limitation. Preparation aid Submission of Bid Proposal Completion of Bid Forn~: Bids must be on bid proposal form contained in this bid package; . the original and one copy required. Submitted with the original proposal form and copy shall be a complete set of detailed specifications and manufactures warranty indicating compliance with these specifications. All prices and notations shall be written in ink or typed. Changes or corrections made on the Bid must be initialed by the individual signing the bid. No corrections will be permitted once bids have been opened. Required Specifications: Bidder shall submit as part of his proposal detailed specifications forthe goods bidder proposes to furnish. Bidder's specifications shall be in strict accordance with. the County's specifications. Any bid which is not in strict accordance with the County's specifications must list each exception separately in a letter submitted as an attachment to the Bid Proposal. •: ~: Deviations: New Hanover County reserves the right to allow or disallow minor deviations or technicalities should the County deem it to be to the best interest of the County. New Hanover. County shall be the sole judge of what is to be considered a~minor deviation or technicality. Warranties: Bidder warrants that all goods furnished shall be free from all defects, and shall conform in all respects to the technical specifications established by the County. Bidder shall submit manufacturers' warranties against defects in materials and workmanship covering the goods bid upon. ' .. If.ihe County's specifications include a statement'of the particular purpose for which the goods will be used, the goods of~'ered by bidder shall be fit for this purpose. - Submission of Bid Proposal Bids must be in sealed envelopes. properly marked "BID FOR 'FORNEY- DCS UPGRADE, B1D # 96-0068", and shall be addressed to County at the following address: - - New Hanover County Finance Office - • Attn: Amy Akin, Purchasing Agent- 320 Chestnut Street, Room 602 ~ ' Wilmington, NC 28401 18 6 Page I-2 of 6 i Condition of Goods All goods shall be new and in no case will used, reconditioned or obsolete parts be accepted. Trade Secret Confidentiality All bid proposals received and recorded at the bid opening are considered public record and available for public inspection. According General Statutes 132 - 1.2, trade secrets contained in a bid maybe kept confidential if the bidder, at the time the bid is submitted, designates the secret and requests that it be kept confidential. This right of privacy will be construed as narrowly as possible to protect the interests of the vendor while attempting to maximize the availability of information to the public. Time For Opening Bids Proposals will be opened promptly and read at the time and date set forth in the advertisement. Bidders or their authorized agents are invited to be present. Any bids received after the scheduled closing time for the receipt of bids will not be considered and will be returned to the bidder, unopened. Withdrawal of Bids Bidders may withdraw or withdraw and resubmit their bid at any time prior to the closing time for receipt of bids. But no bid may be withdrawn after the scheduled closing time for receipt of bids for a period of sixty (60) days. Award of Contract The award of any contract resulting from this bid will be made to the lowest responsible bidder, taking into consideration quality, performance and time specified in the proposal for the performance of the contract. New Hanover County reserves the right to add or delete quantities. Consideration in s Award of Contract i In determining the lowest responsible bid in accordance with G.S. 143-129, the Board of Commissioners will consider, among other factors: modern, accepted practices; engineering, design, .efficiency and workmanship; maintenance costs; availability of service and parts inventory; and performance (based on County's previous use of the same or similar equipment made by the manufacturer). Federal Taxes New Hanover County is exempt from and will not pay Federal Excise Taxes or Transportation Taxes. Page I-3 of 6 '~ 8 7 North Carolina Sales Tax If bidder is required to charge North Carolina sales tax on bidder's sales, bidder shall not include it as part of the bid price. County wilt pay North Carolina sales tax over and above bid prices when invoiced. Price Bidder shall guarantee the prices quoted against any increase for whatever delivery date is specified and contract period required. . ~ ~~ Place of Delivery Vendor shall complete all work at the WASTEC Facility within fifteen (15) calendar days after work has been initiated. The commencement of work at the WASTEC Facility must be pre-approved by the Environmental.Management Director. Instruction in Use of Goods The successful bidder shall be responsible for instructing County personnel in the proper use and maintenance of the goods. Responsibility of Compliance With Legal Requirements The bidder's products, service and facilities shall be in full compliance with any and all applicable state, federal, local, environmental and safety laws, regulations, ordinances and standards or any standards adopted by nationally recognized testing facilities regardless of whether or not they are referred to in the bid documents. Indemnity Vendor shall indemnify and hold the County, its agents and employees, harmless against any and all L claims, demands, causes of action, or other liability, including attorney~fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work to be performed by Vendor hereunder, resulting from the negligence of or the willful act or omission of Vendor; his agents, employees and subcontractors. - Insurance Vendor shall maintain insurance from companies licensed to write business in North Carolina and acceptable to New Hanover County of the kinds and minimum amounts specified below. ~ ~~ 1 8 8 Page I-4 of 6 C w Certificates and Notice of Cancellation ® Before commencing work under this agreement, Vendor shall furnish New Hanover County with certificates of all insurance required below. Certificates shall indicate the type, amount, class of operations covered, effective date and expiration date of all policies, and shall contain the following statement: "The insurance covered by this certificate will not be canceled or materially altered, except after (30) days written notice has been received by New Hanover County." Workers Compensation and Employers Liability Insurance Covering all of the Vendor's employees to be engaged in the work under this contract, providing the required statutory benefits under North Carolina Workers Compensation Law, and employers liability insurance providing limits at least in the amount of $100,000/500,000/100,000. applicable to claims due to bodily injury by accident or disease. Commercial General Liability Including coverage for independent contractor operations, contractual liabili assumed under the ty prov~s~ons of this contract, products/completed operations liability and broad form property damage liability insurance coverage. Exclusions applicable to explosion, collapse and underground hazards are to be deleted when the work involves these exposures. The policy shall provide liability limits at least in the amount of $ 1,000,000 per occurrence, combined single limits, applicable to claims due e to bodily injury and/or property damage. New Hanover County shall be named as an additional ^ insured under this policy. Automobile Liability Insurance Covering all owned, non-owned and hired vehicles, providing liability limits at least in the amount of $ 500,000 per occurrence combined single limits applicable to claims due to bodily injury and/or property damage. . Contractor's Installation Floater Vendor shall provide and maintain Property Installation Floater or appropriate insurance protecting against loss or damage of the equipment to be installed. Coverage shall be written in the amount of one hundred percent (100%) of the contract amount and shall remain in force until accepted by County. The coverage shall be written in the name of Vendor and shall protect the County as its interests may appear. Vendor shall be responsible for any loss within the deductible applicable to this insurance. Page I-5 of6 1 89 The coverage shall be written in the name of Vendor and County and shall protect the subcontractors as their interests may appear. .. Addendum ~ , , ~ . .. The bid package constitutes the entire .set of bid instructions.to "the bidder. The County shall not'be responsible for any other instructions, verbal or written, made by anyone. Any changes to the specifications will be in the form of an Addendum which will be mailed to all bidders who are listed with .the Finance Office as having received the bid package. Compliance With Bid Requirements ~. Failure to comply with these provisions or any other provisions of the General Statutes of North Carolina.wilf result in refection of bid. _.- Right To Reject-Bids . The County reserves the right to reject any or all bids. - - .. - ~, '~ " _~ ,~ L t _. - 1 ~ ~ Page I-6 of 6 ' Forney Corporation PO Box 189 Addison, TX 75001 USA • ~ Tef: 214 458 6100 • ~ I~ Fax: 214 458 6650 Incorporating Detector Electronics BMS September 26, 1995 NEW HANOVER COUNTY Finance Office . 320 Chestnut Street Wilmington, NC 28401 Attention: Ms. Amy Akin Purchasing Agent Subject: ECS-1200 System Upgrade for Units 1, 2, 3 Forney Proposal S203-725 Bid for Forney DCS Upgrade; Bid #96-0068 Madam and Gentlemen: 1 In response to your recent inquiry, we are pleased to submit this response for upgrading the existing Fomey control. The proposal is based on providing the plant the opportunity to upgrade the system and expand the system capacity by taking advantage of the latest state-of-the-art technology available for distributed control system equipment. This proposal provides a detailed description of the equipment and services that we have included within the scope of this bid. The commercial terms and conditions of sale, which are applicable to this bid, and comments, clarifications and exceptions of a technical nature are contained in our proposal. , We thank you for your interest in our equipment and look forward to working with you on this project. Respectfully submitted, Gary rew ~ Regional Sales Manager cc: AI Canady, New Hanover, Wastec I M. Stiliha, T. McCreary, FC 1 191 EXHIBIT B A member of K~dde tmerneoonal, J dmf~on OI W~II~~ms Hold~ngt VlC Vendors Quote # FC Prop. S203-725, Rev. 1 COUNTY OF NEW HANOVER, NORTH CAROLINA BID PROPOSAL FORM BID # 96 - 0068 FORNEY DCS UPGRADE September 26, 1995; 3:00 p.m. - . I certify that this bid is made without prior understanding, agreement or connection with any corporation firm, or person submitting a bid for the same services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the bidder. Having carefully examined the Bid Package and Addendum, if any, Vendor hereby proposes to furnish all labor, materials, equipment, training, and supervision required to furnish and install the required Upgrade to the New Hanover County WASTEC Forney System that are necessary to meet requirements detailed in the Technical Specifications forthe Total Price indicated below: $ One hundred, fifty two thousand, two hundred sixty dollars ($152,260.00) ,p • Attachments ._ • The following items should be submitted with the proposal: 1. Bid Bond _ 2. Detailed Specifications (exception letter if necessary) ' 3. Warranty 4. Narratives on training to be provided 5. Itemized listing of all equipment and services to be provided containing unit quantity and unit price The undersigned, if awarded the bid, hereby agrees to execute a contract with New Hanover County in the form specified within ten (10) days after the award and _to begin process of providing the Upgrade to the Forney DCS System listed in this bid proposal upon receipt of approval, of initiation date by the Environmental Management Director. 192 B-1 of3 0 a a a s v t r madder Information Please check as appropriate and complete the items below. The Bidder is: An.Individual - A Partnership between: A Joint Venture consisting of: X - A Corporation organized under the laws of the State of Delaware - (List name of state appearing on the corporate seal and ai~ix seal below where indicated.) .. B Y: //. -• .Randy A. S hriewer , (name as above printed) TITLE: Chief Financial Officer COMPANY: Forney Corporation - ADDRESS: 3405 Wi 1 ey Post Road - . Carrollton, TX 75006- - - - TELEPHOI~tE: 214-458-61.00 SEAL-IF BID IS BY A CORPORATION ATTEST: ~p By ~ d . G~-c~.z~ B-3 oF3 193 NEW HANOVER COUNTY ~ September 20, 1995 Contract No. 96-0068 ..,.J VENDOR'S EXCEPTIONS AND MODIFICATIONS VENDOR's Exceptions and Modifications are a part of this Proposal. These Exceptions and Modifications, and such as may be subsequently modified by agreement, shall be apart of any contract, purchase order, change order, etc., which may result from this.Proposal...lt is understood that COUNTY's documents shall control except to the extenf modified herein. ... .. .._.. -AGREEMENT .r... New Hanover County Contras g~-nnnu 1. Exhibits to Contract ~ ~ ~~ - Please insert: "and Vend_or's Exceptions and Modifications marked as Exhibit C",.after: "exhibit B" in the third line. 3. elivery b. Please add "The maximum amount assessable as liquidated damages shall not exceed ten percent (10%) of the coritract~value. ~ • • " 5. n i Please add to this article: "In no event shall VENDOR's liability hereunder include those contingencies enumerated in the .first paragraph of the LIMITATIONS OF LIABILITY article in . the SUPPLEMENTARY PROVISIONS hereof. 11. Contractor's Installation Float r: Please delete this° article as inapplicable to the proposed scope. 12. yharranties 12.2 Warranty of Materials and Eq~Rn? Please add to the end of .the last sentence "or eighteen months from date of delivery of the equipment to.the FOB point, whichever shall fist occur. Please add the following: Should any failure to conform to-this warranty arise within the warranty period, VENDOR shall, upon prompt notification thereof and provided that the equipment has been stored, installed, maintained and operated~in` accordance with good industry practice and any specific written recommendations. of 1/ENDOR, correct such nonconformity by repair or, at its option, by replacement,of such defective-item of no cost to the'~customer. Seller shall not be responsible for the cost of removing and replacing defective items which can be isolated and replaced using normal troubleshooting and maintenance procedures.•'This~includes items such as~light ~ ~' bulbs, fuses, printed circuit cards, power supplies, valve packings, etc. In these cases, Forney will provide a replacement or repair part in exchange for that determined to be defective with transportation cost to and from. site prepaid. Seller shall not be responsible'for the costs of removal or installation of any item not supplied by Seller. The effects.of corrosion, `erosion; aging and normal wear are specifically excluded from this warranty.' -" 1.94.` -, NEW HANOVER COUNTY September 20, 1995 Contract No. 96-0068 12.3 arranty of Work Please insert after "and services" in the fourth line "or eighteen months from date of delivery of the equipment to the FOB point, whichever shall first occur". Please add the following to this Article: VENDOR shall not accept backcharges for work performed by others upon, or in conjunction with, VENDOR's equipment unless prior written authorization is given by VENDOR. A written accounting of atl such work must be approved by VENDOR. In no case may authorized backcharges exceed the purchase price of the specific equipment on which the backcharge was requested. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES WHETHER WRITTEN, ORAL OR IMPLIED, IN FACTOR IN LAW (INCLUDING. ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). Correction of Nonconformities _ Correction of nonconformities, whether patent or latent; in the manner and within the time provided above shall constitute the entire liability of VENDOR with respect to such equipment whether in contract, warranty, tort, strict liability, or otherwise. 14. Default and Termination Please insert: "and fails to make good faith efforts to cure upon receipt of written notice thereof," after: "contract" in the second line. Please delete: "Upon" in the third line to the end of this article and' substitute: "In the event of such termination the following shall apply: COUNTY may contract for like or substantially similar equipment and installation services elsewhere to compensate for any undelivered goods hereunder and the completion of this . contract. Should the purchase price thereof exceed the purchase price of the goods and services contemplated hereunder, VENDOR shall pay to COUNTY such difference in price. . Such payment shall be COUNTY's sole remedy and VENDOR's sole liability for default ~ hereunder, whether in contract, in tort, in warranty, in strict liability, or otherwise. A 195 C-2 NEW HANOVER. COUNTY Contract No. 96-0068 September 20, 1995 .. . F ~~ ~~: VENDOR'S SUPPLEMENTARY PROVISIONS VENDOR's Supplementary Provisions shall be a part of any contract In no event, shall VENDOR, its subcontractors~or~its vendors be liable in contract tort; strict liability,. indemnity,. warranty or otherwise., for any special; indirect, incidental or consequential damages, such as but not limited to,.loss of anticipated profits'or•revenue, loss~of use of system, nonoperation or increased cost of operation of other equipment, cost of capital, .cost of purchased or replacement product or power, or claims of customers of COUNTY for loss or damage of any nature whatsoever. - ~ :_ The terms. "consequential, special;: indirect .oc incidental damages" as used in -the preceding paragraph shall not be deemed.to include the~costs of repair or replacement of`damaged or :destroyed,property of County, any claims-.based on'personal injury or death; rior shall it include the cost of any suit Vendor is required fo defend under this contract. .~, The liability of the VENDOR, its subcontractors or vendors with respect to any contract, or anything .done in connection therewith, or: from the manufacture, sale, delivery, `resale, . installation :or~technical direction of installation, repair, replacement or use of"any equipment covered by or furnished under this contract, whether'in contract,. in tort, in warranty, in indemnity and in strict liability, or otherwise, shall not exceed 100% of the purchase price. paid on the contract or X1,000,000, whichever is smaller. ~ ~' ~~., .' ~. - The remedies of COUNTY set forth in this contract are :exclusive. ` D~AY~: Should COUNTY request a holdup in the prosecution of the work, all costs associated with the holdup.including removalof equipment#rom engineering, production and~installation, storage, . rescheduling, reconditioning, restoring. equipment to production after removal of COUNTY's holdup, etc.; shall be for COUNTY's account.~'~VENDOR~assumes no responsibility whatsoever for any delay or the,,consequences thereof, in restoring equipment to production: When material-is ready forshipment, and any act, omission or request of the COUNTY,'for any reason whatsoever, or any transportation embargo results in a delay in shipment of the material, COUNTY shall be responsible for all charges in connection with storage and reconditioning. In the event of such delay, the date of delivery shall be regarded as the date when ready for shipment and payments shall be made and title shall transfer to COUNTY accordingly. Upon request by COUNTY, VENDOR shall- arrange for storage of the equipment. All costs thereof shall be for COUNTY's account. 196 C-3 EORNFJC CORPORATION NEW HANOVER COUNTY September 20, 1995 Contract. No. 96-0068 VENDOR shall not be liable for any loss or damage resulting from delay in the prosecution or completion of .the worts caused by labor disputes, floods, fires, riots, thefts, accidents, inability to obtain necessary labor, materials, components, or fuel, acts of the Government, or any other cause which is beyond the reasonable control of VENDOR. COUNTY will extend all dates by a period of time equal to the delay experienced and its consequences, if any. Patent Indemnity .Vendor will defend any suit instituted against County for alleged infringement of United States patents, issued prior to acceptance of this Proposal, relating to equipment of Vendor's design, provided such infringements shall consist only in the use of such equipment by itself not in combination with other devices, and provided County give Vendor immediate notice in writing of any claim of infringement or institution of any suit, permits Vendor to defend such suit and furnish all needed information, assistance and authority to enable Vendor to do so. In case of a final award of damages in any such suit, Vendor will pay such award but will not be responsible for any settlement made without its written consent. Notwithstanding the foregoing Vendor shall have the right to cure any claimed infringement at its option by (I) acquiring the right for the County to use the equipment; (ii), supplying modified designs,. additional or alternate parts for modification of the equipment to avoid a claim of infringement; or (iii), refunding that portion of the .purchase price received by Vendor and abandoning or _directing the return, at Vendor's expense, of the equipment. s A 197 C-4 NEW HANOVER COUNTY, WASTEC ~ September 25,1995 Units 1,2,3 ~`•• FC Prop: S203-725' ~~ ECS-1200 Control System Upgrade Rev 1. SYSTEM DESCRIPTION The proposal presented to New Hanover County, Waster facility is designed to allow,the plant to maximize its choices for upgrading the system within budget consfrairits' This docurnent presents the recommended upgrade path and benefits/features in performance improvements which•will be the result of the upgrade. - The ultimate goal. of the proposal is to move the system to Revision 6; ;the latesf firmware and hardware available from Forney which will make the system at New Hanover state-of-the-art without having to replace the wholesale portions of the existing system. The upgrade path•recognizes the extensive investment of money and resources represented in existing field terminations, in existing logic applications (including .graphics) and. in the- operator/maintenance and engineering training already commited to -the system.. . , ~ } ~ ~ ~ -~ The most immediate need is for replacement HRCRT monitors (item 0.1 of~the equipment list) for the~operators to obtain improved visibility. Forney is using Intecolor rion-interlaced, high tesolution monitors to replace. the older Aydin interlaced monitors. The performance and durability of the Intecolor monitors exceeds greatly the Aydin monitors. The' new monitors utilize the same ~touchring interface but do require a new video driver to support. the hon-interlaced display projection.. There are no changes to the graphics required. This item includes th'e new mounting rails, cables, the hew video driver card (ECS-A1.89) and necessary' timing files. The monitors supplied will t;a compatible with existing video driver resolution (1024 ~x 768) b'ut'will""also tie able `to support the'higher resolution of future graphics packages (such as the Unix-based X-CRT package soon to be available from Fomey) which will required 1280 x 1024 (the proposed CRT~can syricFironize to either type driver). The monitors can be purchased-and used immediately and will be suitable for any further upgrades the plant chooses to obtain. To compliment the new monitors, Forney is proposing the new Intel Pentium 90 operator station (item 0.2). This unit provides faster CRT response and. provides more memory for graphics. This unit will be provided with the ECS-A211 PIP interface board which supports Revision, 6. If the video drivers are purchased prior to upgrading the controllers, they will be shipped with the isolated version of the ECS-A1726 card which support present firmware. The ECS-A211 boards can then be purchased as part of the final controller upgrade. The Revision 6 system firmware allows the operator stations to store several days of data for video trending. This data can be recalled at the operator station rather than solely through the data logger. In addition, the Revision 6 graphics package provides significant improvement in display formats, additional graphic nodes, access to database directly while in the graphics display mode, and significant improvement in alarming. Alarm display format can be altered by the end user to suit plant requirements. In addition, the priorities can be mixed to allow the operators better access to critical alarms rather than having to page between alarm priorities. After revisiting the available options for the plant for upgrading the existing controllers, Forney is recommending the replacement of the existing controller chassis with new ECS-05 controllers (item 0.3) . The ECS-05 is based on new, more powerful industrial processors than were previously available. The 80386EX chip, forming the heart of the ECS-05 contains all support functions, me etc., which previously required extensive board level components. The new design pro~ister processing speeds resulting in the ability to deliver more power. Due to the reduced i-1 F(1RNF C RR(~RATI[~N NEW HANOVER COUNTY, WASTEC - ~ September 25,1995 Units 1.,2,3 FC Prop. S203-725 ECS-1200 Control S stem U rade Rev. 1 design requirements, this package offers considerable savings over more traditional types of ~' industrial cpu's, including the previous line of ECS controllers. The ECS-05 will be able to use existing I/O power supplies for power, making the cost of changeover even more economical. Fomey is proposing to replace the existing ECS-03 chassis at New Hanover County and field replace them with the ECS-05. This chassis will utilize the existing database, C04 and C03 logic currently running in the '03. It will offer additional features not available in the present ECS-03. Among those features are integral sequence of events. With the replacement of the existing ECS-Q122 digital ,input boards by ECS-Q134 SOE input boards, the plant will be able to utilize the 1 ms resolution inputs for tracking cause of trip, with user configurable time frames. Other features include improved self-documenting functions, improved system diagnostics, improvements in graphics display functions. If the plant wishes to add smart (HART) transmitters, new HART protocol analog input cards can be added to existing 1/O slots. The existing I/O interface. remains the same, causing minimum disruption to field terminations. The controllers will also be equipped with MODBUS interface to allow access to turbine controllers or other intelligent devices supporting MODBUS. .Other advantages are in the area of the data highway. Rather than replacing the existing data highway, the ECS-05 can utilize the Ethernet ports on the CPC-2 card to provide a 10 Mb high integrity LAN type C-Link. All the error checking and data transmission formats of the fiber optic version- remain the same. However, since all controllers are located in close proximity to one another, there is no longer any advantage to having a fiber optic data highway. Should the plant wish to add additional controllers in the future which may be remotely located, the replacement ECS- 05 controllers can be outfitted with fiber optic subsystems which simply plug into the CPC-2 cards with no modifications. All workstation functions, as showcased at the recent Users Meeting will be part of the upgrade. This includes self-tuning of loops, HART protocol interface, self-documentation functions, Sequence of events report configuration, These tools, as well as improvements in system diagnostic screens, make system maintenance much easier for plant staff. The software for the workstation is included in the price for the controller upgrade option. `- Other benefits:. 1. Reutilization of existing components Forney has designed. the upgrade so that afl existing I/O can be reutilized thus saving the investment in field terminations. Further, all existing graphics and logic functions will transfer directly. 2. Enhanced ca achy In utilizing the 80386EX chip, Forney has designed in more computing power and added significant memory capability. The upgraded controllers will have additional I/O addressing and logic capacity. The plant will be able to add into the control system monitoring and control field devices which still may be monitored through older instrumentation and not connected to the system. ~ In addition, more of the standard diagnostic features of the system will be available, including enhanced numbers of video trend pages, hourly average pages, etc. 199 i-2 FARNFY CC1RP[1RATICIN - NEW NANOVER COUNTY, WASTEC ~ September 25,1995 Units 1;2,3 FC Prop. S203-725 ECS-1200 Control System Upgrade Rev 1 3: :Plan for the futures Forney fias an aggressive R&D program to add view features to the system. Many of these will be dependent upon expanded CPU capacity such as that represented by the 80386EX processor. These include TCP/IP interface and X-CRT (x- windows) graphics package. Should the plant wish to obtain these future upgrades, the. existing controllers would not' be'able to take advantage of these features. 4. • ~~ lnterconnectivitv..The modular ezparision functions of the ECS~system are' greatly enhanced ~, through the use of a LAN type C-Link interface. Within the last few years, adding additional . controllers(forcombust~on control or for other unit control) would haverequired a complete . fiber optic subsystem and cable. -The new ECS-05'can utilize a simple lAN-type coax . system for the data highway, running at tOMb and using Forney's proprietary protocol. This upgrade allows the plant to choose which direction it may wish. to take'the system for the future. The ECS-05 is simple in design, so that the plant can install these,units, including new I/O without the need for Forney'integratiori. - 1~. , .. {. 9 _ ~ ~ 1. ' ~.~ .I .. r ~ _ ~Y ~. *. ~ ~ ~ 3 1 ' 200 i-3 - NEW HANOVER COUNTY, WASTEC September 25, 1995 Units 1,2,3 FC Prop. S203-725 ECS-1200 Control System Upgrade Rev 1 SCOPE/DELIVERABLES This proposal includes the following scope of work: 1. EQUIPMENT Forney will supply the equipment outlined in the attached equipment list. 2. INSTALLATION/COMMISSIONING Five days for installation and commissioning service is included in the base price. 3. TRAINING 10 days of training is included in the base price. Training to include 5 days for maintenance training and' S days for engineering level training. Operator training will be performed by the service engineer during commissioning. If formal training is required, this can be quoted separately by the ECS Service Manager and will be at the cost level of the maintenance contract previously presented to the plant. ' 4. FORNEY STANDARD DOCUMENTATION PACKAGE Six copies of updates for the technical manuals for plant. Drawings provided to support installation,.as well as system level drawings for the new controllers. 5. FACTORY TEST OF DISTRIBUTED CONTROL SYSTEM A. Including interconnection of all system components to assure that all system hardware is operating properly (Level "A' test). B. Cycling of transferred logics to assure correct operation: . 201 ~1 , -, FnaNFV r_nRpnaennN NEW HANOVER COUNTY, WASTEC September25, 1995 Units 1,2,3 , ~, FC Props: S203-725 ECS-1200 Control System Upgrade ~ Rev 1 6. PROJECT MANAGEMENT, ENGINEERING, AND APPLICATION SOFTWARE A. Project Management to coordinate implementation, documentation, testing and field support of the system. B. Engineering to coordinate •construction •and ordering of equipment and manage hardware integration aspects of the project. ''~ ., ~. ~. L •. NEW HANOVER COUNTY, WASTEC September 25, 1995 Units 1, 2, 3 FC Prop. S203-725 ECS-1200 Control System Upgrade Rev 1 EQUIPMENT LIST ITEM QTY DESCRIPTION 0.1 4 HRCRT MONITOR Intecolor VS 80 (high resolution 1280 x 1024, model E20FEA-200) rack mount monitor with touchscreen. Forney non-interlaced video driver board ECS- A189, including timing software. Includes console adapter kit and mounting rails. 0.2 1 HRCRT VIDEO DRIVER Video driver (Intel Pentium 90 or compatible) supplied with Forney Rev. 6 AT485 communications board ECS-A211, 8 Mb memory, 1.2 Mb high-density floppy disk drive, 500 Mb hard disk drive, expanded QWERTY keyboard and, associated cables. One cable 100 ft. long, for connection of the video drive to the controller Peripheral Interface Port (PIP). 0.3 3 REPLACEMENT UPGRADE SYSTEM REDUNDANT CONTROLLERS (ONE PER UNIT) ' (2) ECS-05 micro-processor (80386EX) with floating point co-processor (80387), combining regulatory and sequential control. Each controller provided with redundant chassis. Each chassis includes the following: 1 ECS-A210, Peripheral Controller Card (PCC) for serial communication interface card for I/O and peripherals. 1 Multi-slot chassis. 1 ECS-A209, SBC-05 Controller card. 1 ECS-A214, Communications Procotol Controller (CPC-2). 1 ECS-219A, Dual Port Memory (DPM). ECS-2198 is supplied in the backup chassis. A/R Associated power cabling. s I ~: 203 .. 2-, FCIRNFY (_CIRPCIRATIf1N NEW HANOVER COUNTY, VI/ASTEC 'July 24', 1995 Units 1,2,3 FC Prop. S203-725 ECS-1200 Control System Upgrade Rev 0 Forney bases its quotation on the submitted documents provided with inquiry and changes to be incorporated per discussion with Al Canady and submitted to the County 9/21./95. .. .. .. ~, Freight • , .. . All prices quoted herein are based on FOB FC factory. This quotatlor~ remains valid for 90~days from the date of thisproposal.' Payment Terms Prices .quoted herein are based on 100% payment terms to be paid net 30 days after invoice date and submitted after. acceptance. ~ ' . t; Delivery depends upon which group of options the plant•chooses. Monitors and video drivers can be delivered from 8 to 10 weeks (monitors alone~car be shipped in 3 weeks usually). We estimate the deliveryof the proposed.upgrade controller equipment will be shipped approximately March 1, 1995 to coincide with the. outage schedule. This estimate assumestimely receipt, of all design information and drawing approvals from the:Furchase`r.. ,: Service and Training Forney has proposed 5 days service/commissioning to decommission old controllers and install new equipment. Service time required beyond that quoted will be at maintenance contract rates. Travel and living expenses are included in the quotation for service. Forney has proposed 10 days of training (5 days for maintenance and 5 days for engineering level). Price includes travel. and living expenses. Training beyond that quoted will be at maintenance contract rates as previously indicated. Terms: All per diem technical assistance for service and training will be in accordance with Forney's standard terms and conditions. 204 3-1 FARNFY f`C~RDf1RATlf'1N NEW HANOVER COUNTY, WASTEC ~ Septembers 25, 1995 Unit 1, 2, 3 FC Prop. S203-725 ECS-1200 Control System Upgrade Rev 1 PRICING SUMMARY 52:1 FOURNRCRT MONITOR (WITH VIDEO BOARD AND ADAPTER KITS/ LIDE RA~,I 41 TOTAL PRICE: ~ $23,000 52.2 FOUR VIDEO DRIVER (WITH PIP INTERFACE BOARDI TOTAL PRICE: Q,~ CONTROLLER UPGRADE PER ATTACHED EQUIPMENT LIST ' OPTION PRICE: ri A u O• O $13,000 $97,600 205 3-3 a FnRNFV r_nRpnRer~nN _ .. NEW HANOVER°COUNTY~ WASTEC ~ ' • September 25, 19,95 Unit 1, 2, 3 FC, Prop. S203-725 EC•S-1200 Control System Upgrade -- ~ - Rev 1 '` PRICING RECAP TnTAI_ SYSTEM ,UPGRADE PRICE (ITE!~!S 1; 2~ 31 ~ , 133,600 2 O~vel and living expenses for instructor and service engineer have been included in price. 3-4 ~ -~. NEW HANOVER COUNTY, WASTEC September 26,.1995 Units 1,2,3 FC Prop. S203-725 ECS-1200 Control .System Upgrade Rev. 1 . ~ TECHNICAL COMMENTS 1. No changes to logic functions are proposed. Forney will load current application and database into new controller for test purposes to assure correct operation of logic and graphics. 2. Controllers to be mounted in existing cabinets. Service time has been quoted to support the decommissioning of old controllers and replacement with. new.. . 3. Some small changes in graphic format and certain logic functions are sometimes required to accommodate the change to Revision 6. One is the reformatting of the database descriptions, primarily for analog to accommodate the available 32 character descriptors. A second is changes to the video trend pages. Reassignment of ID points is required. This work is proposed to be provided by the plant staff. All the changes can be performed off-line through the workstation software which can be sent early in the .project to allow sufficient time for training. and to implement changes. 4. Forney ~ rongly recommends that the plant purchase several days of training on the maintenance and diagnostics of the new ECS-05 chassis and the C-Link as well as one day . ~ for the new monitors and video drivers. In addition, the tools of the workstation will be more meaningful to the plant if the plant purchases at least 5 days engineering level training. .. ' Forney Corporation ;~j i'Q Box 1(i9 .1L.J4 Add S~r+, I x. /Y)Vi r) Teh 214 454 bleu ~ Fa,r: 2 14 458 6650 ~. Incorporsttng t)~tector Electronics 8411 November 28, 1895 . .. NEW HANOVER COUNTY _ ~ ..+ . ~ . 3002 U,S. Highway, 42f North ~ ` WIImlrigton, N.C. 28401 - ~ • ATt'N: - Mr. Johtt H. Hubbard - ~~ ~ ~ I -_ .Wastes Plant Manager t2Et=: 81d Pfoposal #FC Prop. 5203-725 Rev, 5 ~ ~ ,r Ooar f+if: Hubbard:. ~ .. ~ . Pursuant toyourlolter of 11fZ1/95, Fornoy Corporation apologizes fog not making the March outage but plans to deliver file proposed upgrade In the fa, II Of'8@~a~g¢ on New Hanover-'s .operaf)ng schedule and avallablliiy, this is based. on our curront projects end man loading requirements {fiat have occurred during our nogotiat(ons with New Hanover over ttte past year: The Now Hanover facility has been operating with the EC31200 system over the past three years, ft has provkied you reliable and efficient control of your facilityvrfth minimum service] and Ualning support by Forney. 71te maintenance staff at Navr Hanover has acquired the necessary skills end ezperttse to ntalntain tl~Q')=CS 120U system.• To matlltaln that level of expertlso wittl your control system will require Forney'e R8+D Doptartment to do extensNe In-house testing of the new ECS-05 to Insure that In the fall of'96 Now Hanovarwlllreceive tlto new operating system with file enhanced control techniques they fequlre to technologlcallyupgreding this system. Forn©y does not require a fall plant outage to impternent the upgrade. Forney plans, with Naw Hanover's approval, to separate the units, and upgrade one (1) unk et a Qme. Each unit will by removed from sorvlcv and upgraded, over a two day period per unit. Forney has done upgrades similar to this on line over the past year at USX (>~2 Caster), USX Water 7reatm©nt Plant, Quimlca Del Rey in Mexico. In fact the City of Vero Beach's maintenance staii has dono ihetr own upgrades with no support from Forney. Forn©y looks forward to providing the upgrade to New Hanover in the fall of'96 par New Hanover's schedule under the Tertns and Conditions outllnod In the proposal. I f you have any further concerns or questions please contact me at (214}458-8755. Sincerely, FOfiNEY C RPORA71ON ~~ Mike St;llha MenAgor-FieldSeNlco -. .•.. °,- EXHI~B•IT .C~ ,.- . ~~ Vcndot's Quote # FC Prop.. S203-725, Rcv. S -- Novc~nbcr 9, 1995 COUNTY OF NEW HANOVER, NORTH CAROLINA ' ~` BID PROPOSAL FORM BID # 96 - 0068 FORNEY DCS UPGRADE September 26, 1995; 3:00 p,m. I certify that this bid is made without prior understanding, agreement or eonnectioa with any ~, corporation firm; or person submitting a bid for tha same services and is in alt respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the bidder. Having carefully examined the Bid Package and Addendum, if any, Vendoc hereby proposes to furnish all labor, materials, equipment, training, and supervision required to famish and install the required Upgrade to the New Hanover County WAST~C Fornry System that are necessary to meet requirements detailed in the Technical Specifications for the Total Price indicated below; $ Oue hundred fifty .thousand- five hundred- dolla~p_(~ 15 ,5n0~_(1n.1: attachments The followins items should be submitted with the proposal: I. Bid Bond 2. Detailed Specifications (exception letter if necessary) 3. Warranty ' . 4. Narratives on training to be provided 5. Itemized listing of alt equipment and services to he provided containing unit quantity and unit price The undersigned, if awarded the bid, hereby agrees to execute a contract with New Hanover County in the form specified within ten (10) days after the award and to begin process of providing the Upgrade to the Forney DCS System listed in this bid proposal upon receipt of approval of initiation date by the environmental Management Director. "" B-1 of 3 ~; 209 Bidder Information Please check as appropriate and complete the items below.. ' The Bidder is: ~ - . -t. - . All Individual A Partnership between: ~ . , A Joint Venture consisting of X • A Corporation organised under the laws of the State - _~ of Oetaware ~ ' (List name ofstate.appearing on the corporate.seal and _ . , affix seat below where indicated.) "' ' ' -. BY: ~ `' Randy A. S hriewer ""~ ' (name as above printed) " ~ ~ ~ 'TITLE: Chief ~Financfial Offincer ~ ~. COMPANY:__Forriey Corporation . .~ . ADDRESS: 3405 Wfley Post'-Road Carrollton TX 75006 ' ~ - 214-458-6100 ....~ "• ~: TELEPHONE: SEAL-IF BID IS BY A CORPORATION ~ ~ ~ ~ ~ ~* '~ ATTEST: B-3 of 3 210 'NEW HANOVER COUNTY, WASTEC November 9,1995 ~~ Units 1,2,3 FC Prop. S203-725 ECS-1200 Control System Upgrade Rov 5 ®` ~ SYSTEM DESCRIPTION The proposal presented to New Hanover County, Wastec facility is designed to allow the plant to maximiie its choices for upgrading the system within budget constraints. This document presents the recommended upgrade path and benefits/features in performance improvements which will be the result of the upgrade. The ultimate goal of the proposal is to move the system to Revision 6, the latest firmware and hardware available from Forney which will make the system at New Hanover state-of-the-art without having to replace the wholesale portions of the existing system. The upgrade path recognizes the extensive Investment of money and resources represented in existing field terminations, in existing logic applications (Including graphics) .and in the operator/maintenance and engineering training already commlted to the system. The most lrnmediate need is for replacement HRCRT monitors (item 0.1 of the equipment Ilst) for the operators to obtain improved visibility. Forney is using Intecolornnn-interfaced, high resolution monitors to replace the older Aydin interlaced monitors. Tho performance and durability of thA intecolor monitors exceeds greatly the Aydin monitors. The new monitors utilizA the same touchring InterfACe but do require a new video driver to support the non-interlaced display projection. There are no changes to the graphics required. This item includes the new mounting rails, cables. To compliment the new monitors, Forney is proposing the new Intel Pentium 90 operator station (item 0.2). This unit provides faster CRT response and providAS more memory for graphics. This unit will be provided with the ECS-A211 PIP Interface board which supports Revision 6. Forney proposes to ship the system utilizing, existing graphics build and display fools. Forney commits to supplying a tMndows NT version o! the X-CRT to New Hanover no later than November, 1996. The county would only be obliged to pay (orany required site license. All other expenses for conversion to be at Forney's expense. The Revision 6 system firmware allows the operator stations to store several days of data for video trendincd. This data can be recalled at the operator station rather than solely throughihe data logger. In addition, the Revision 6 graphics package provides significant Improvement In display formats, additional graphic nodes, access to database directly while in the graphics display mode, and significant improvement in alarming. Alarm display format can be altered by the end user to suit plant requirements. In Addition, the priorities can be mixed to allow the operators better access to critical alarms rather than having to page between alarm priorities. After revisiting the available options for the plant for upgrading the existing controllers, Forney Is recomm©nding the replacement of the existing controller chassis with new ECS-05 controllers (item 0.3) . The ECS-05 Is based on new, more powerful industrial processors than were previously available. The 80386EX chip, forming the heart of the ECS-05 contains all support (unctions, memory, e.tc., which previously required extensive board Isv01 components. The new design provides fasterprocessing speeds resulting in the ability to deliver more power. Due to tl~e reduced design requirements, this package offers considerable savings over more traditional types of industrial cpu's, including the previous line of ECS controllers. The ECS-05 will be~able to use existing t/O power supplies for power, making the cost of changeover even more economical. I .., 1 FiOQ-+rEY rn~pnunrmti~ . NEW HANOVEfl COUNTY, WASTEC ~ ~ November`9,1995 Units 1,2,3,. FC prop: S203-725 ECS-1200'Control System Upgrade ~ Rev 5 Fomey is proposing to replace the existing ECS=03 chassis at New Hanover County and field replace them with the ECS-OS. This chassis will utilize the existing database, CQ4 and C03 logic currently running in the.'03. I,t w(Il offer additional features not available in the present ECS-03. Among those features are.integral sequence of events. With the~replacement~of the existing ECS-Qt22 digital Input boards by ,ECS-Q134 SOE input boards, the plant will be able to utilize the 1 ms resolution inputs for tracking cause of trip, vrith user configurable time frames. Other features include Improved self-documenting functions,. improved system dit~gnostics, improvements In graphics display functions. If .the plant wishes to add smart (HART) .transmitters; new HART protocol analog input cards can be `added to existing d/O slots. . . ~_ '~ The existing I/O interface remains the same, causing. minimum disruption to field terminations. The controllers will,also be equipped with MODBUS interface to allow access to turbine controllers or other Intelligent devices supporting MODBUS. Other advantages. are in the ,area of the. data highway. Rather than replacing the e'xisling data highway, the ECS•05 can utilize the Ethernet ports on the CPC-2 card to provide a 10 Mb high integrity LAN type GLlnk. All, the error checking and data transmission-formats of the fiber'optic version remain.ahe same. .However, since all controllers are located inclose proxim' ity `to one another, there Is no longer any. advantage to having a fiber optic, data highway.. Should the plant wish to'add additional.controllers in the iuture'which maybe remotAly located, (he'replacement ECS= 05 controllers can be outfitted wish fiber optic subsystems which simply plug Into tho CPC-2 cards with no modi(icatlons: ~ - ., ' -1 ~ ,. ,. All workstation-functions, as showcased at the recent Users Meeting will be part of the upgrade. Thi9.includes self-tuning of loops, HART protocol interface, self-documentation functions, Sequerica of.events report configuration; These tools, as well as improvements in system diagno'stic_ screens, . make system maintenance much easier for plant staff. The software for the workstation is included in the price for ttie controller upgrade option. . Other benefits: . ~.R 1. $e iii i s Forne has desi ne `: ~ a ~- - ~--, Y ~ ~ the uNgra~e so that all exlstmg I/O can.be reutilized thus saving the Investment In field terminations. Further, all existing graphics and logic. functions will transfer directly: ~ ; - Q 2, Enhanced r,~acity, In utilizing the 80386EX chip, Forney has designed in more computing power and added significant memory capability. The upgraded controllers will have additional I/O addressing and logic capacity. The plant will be able to add into the control . ;. system monitoring and conirol.:field devices which still may be monitored through older instrumentation and not connacted.to the system. In addition, more of ihe~standard diagnostic features of the system will be available 'ncludin g ,, enhanced numbers of video trend pages, hourly average pages, etc. 3. a for the future. Forney has an aggressive R&D program to add~new features to the system.. Many of these wi11 be dependent upon expanded .CPU capacity such as that represented by the 80388EX processor. These include TCP/IP interface and X-CRT (x- windows) graphics package. Should the plant wish to obtain These future upgrades, the . _ i 2 L4 NEW HANOVER COUNTY, WASTEC November 9,1995 ~, Unils 1,2,3 FC Prop. S203-725 ECS-1200 Control System Upgrade Rev 5 existing controllers would not be able to take advantage of these features. 4. Interconnectivity, The modular expansion functions of the ECS system are greatly enhanced through the us© of a LAN type GLlnk IntArface. Within the last few yoars, adding additional controllers (for combustion control or for other unit control) would have required a complete fiber optic subsystem and cable. The new ECS-05 can utilize a simple I.AN-type coax system for the data highway, running at 10Mb and using Porney's propri9tary protocol. This upgrade allows the plant to choose wfiich direction It may wish to take the system for the future. The ECS-05 Is simple in design, so that the plant can install thasa units, including new I1O without the need for Forney integration. f I-3 3 a FQRNFV [`ARpnRAT~nN ~ - NEW HANOVER COUNTY WASTEC ~ ~ November9; 1995 Units 1,2;3 . FC Prop. S203-725- ECS-1200 Control System Upgrade - R©v 5 - ^' : SCOPEJDELIVERABLES ~ ~ ~___. This proposal includes the following scope of work: 1. , _ EQUIPMENT' ~ . . , Forney will supply the equipment outlined in the attached equipment list. 2. INSTALLATION/COMMISSIONING ~ ~ ' Five days for Installation and comrnissioning service is included in iha base price. 3. TRAINING Training to Include 5 days for maintenance and for engineering level training. Operator training will be performed by the service engineer during commissioning, If additional formal traln(ng is required, this can be quoted separately by the ECS Service Manager and wilt be at the cost level of the maintenance contract previously presented to the plant. 4. FORNEY STANDARD DOCUMENTATION PACKAGE ' Six copies of updates for the technical manuals for plant. Orawings provided to support Installation, as w611 as system level drawings for the new controllers. 5. FACTORY TEST OE DISTRIl3UTED CONTROL SYSTEM A. Including interconnection of all system components io assure that all system hardware Is operating properly (Leval 'A' test). B. Cycling of transferred logics to assure correct operation. 6. PROJECT MANAGEMENT, ENGINEERING, AND APPLICATION SOFTWARE A. Project Management to coordinate implementation, documentation, testing and field support of the system. 8. Engineering to coordinate construction and ordering of equipment and manage hardware integration aspects of the protect. NEW HANOVER COUNTY, WASTEC November 9, 1995 Units 1, 2, 3 FC Prop. S203-725 ECS-1200 Control System Upgrade ~ R©v 6 EQUIPMENT LIST 1TEM .QTY DESCRIPTION S HRCRT MONITOR Intecolor VS 80 (high resolution 1280 x 1024, model E20FEA-200) rack mount monitor wlth touchscreen. Forney non-interlaced video driver board ECS- A189, Including timing software. Includes console adapter kit and mounting rails. 2 5 HRCRT VIDEO DRIVER Video driver (lntel Pentium 90 or compatible) supplied with Forney Rev. 6 AT485 communications board ECS-A211, 8 Mb memory, 1.2 Mb high-density floppy disk drive, 500 Mb hard disk drive, expanded QWERTY keyboard and associated cables. One cable 100 ft. long, for connection of the video drive to the controller Peripheral Interface Port (PIP).' 3 3 REPLACEMENT UPGRADE SYSTEM REDUNDANT CONTROLLERS (ONE PER UNIT) (2) ECS-05 micro-processor (80386EX) with floating point co-processor (80387), combining regulatory and sequential control. Each controller provided with redundant chassis. Each chassis includes th© following: 1 ECS-A210, Peripheral Controller Card (PCC) for serial communication Interface card for UO and peripherals. i Mulii-slot chassis. ` 1 ECS-A209, SBC-OS Controller card. 1 ECS-A2i4, Communications Procotol Controller (CPC-2). 1 ECS-219A, Dual Port Memory (DPM). ECS-2198 is supplied in the backup chassis. • A/R Associated power cabling. 'Forney proposes to ship the system by September, 1996 with standard graph/cs software (AT485) and provide a V'~ndows NT version of the X-CRT software by November 1996. 2-1 KnaN~v rn anaenn~~ NEW HANOVER COUNTY WASTEC ~ November 9, 1995 Uriits`1,2,3 FC Prop: S203-725 ECS•1200 Control System Upgrade ~ • Rev 5 . Commercial Terms of Sapp Terms and Conditioner Exceptions and modifications to your Agreement are contained In Exhibit C. ,,, Freight ~ .. All prices quoted herein are based on FOB delivery Wastes facility, Y~-LLd1.iX ~ G . • This quotation remalris valid for.90 days, from the date of this proposal. ~` . Payment Termg ~ .. ~ _ ' .. . Prices quoted. herein are based on 100%:payment terms to be paid net 30 days after Invoice date and submitted after acceptance. ,_ Delivery of the proposed, upgrade controller equipment is. estimated to be September, 1996. This estimate assumes tirnelyreceipt of all design Informatiornand drawlrig approvals from the Purchaser. ~. Service and Training. .. _, • Fomey has proposed 5 days service/commisslon(ng.to decommission olii controllers and Install new equipment. Service time required beyond that quoted will be at maintenance contract rates. Travel and living expenses are included in the quotation for service. Forney has proposed 5 days of training for maintenance and for engineering level. Price Includes travel and living expenses for the instructor at jobsite. Training beyond that quoted will be at maintenance contract rates as previously indicated. Terms: All per diem technical assistance for service and training will be In accordance with Fomey's standard terms and conditions. .- u 6 31 NEW HANOVER COUNTY, WASTEC November 9, 1995 Units 1,2,3 FC Prop. S203-725 ~; ESC-1200 Control S stem U rade ' - ~, A ev 5 EXHIBIT ~, VENDOR'S EXCEPTIONS AND MODIFICATIONS VENDOR's Exceptions and Modifications are a part of this Proposal. These Exceptions and Modifications, and such as may be subs¢quently modified by agreement, shall be apart of any contract, purchase order, change order, etc., which may result from this Proposal. It Is understood that COUNTY's documents-shall control except to the extent modified herein. ASaBEEfAENT New Hanover County Contract ~~O~s 1. ~ its o Contract Please Insert: "and Vendor's Exceptions and Modifications marked as Exhibit C" after: "exhibit !3" In the third line. 3. ellveCy , b. Please add 'The maximum amount assessable as liquidated damages shall not exceed ton percent (10%) of the contract value. 5. 1t1 n i , ~ Please add to this article: "In no event shall VENDOR'S liability hereunder Include those .costing©ncies enumerated in the first paragraph of the LIMITATIONS OF LIABILITY article in ~ the SUPPLEMENTARY PROVISIONS hereof. 11, ~9blCa~rt9r's installation Floater Please delete this article as inapplicable to the proposed scope. ~~~ 12. ~~ r1t1€~ , 12.2 YKtW_dt1t~L9~ GL1~erlals and Equipment Please add to the end of the last sAntence "or eighteen months from date of delivery of the ~~ equipment to the FOB point, whichever shall first occur". Ploaso add the following: Should any failure to conform to this warranty arise within the warranty period, VENDOR shall, upon prompt notification thereof and providod that the equipment has been stored, in9talled, maintained and operated in accordance with good industry practice and any specific written recommendations of VENDOR, correct such nonconformity by "repair or, at its option, by replacement of such defective item at no cost to the customer. Seller shall not be responsible -tor the cost of removing and replacing detective items which can be isolated and replaced `~ using normal trotrblesl~ooting and maintenance procedures. This includes items such as light bulbs, fuses, printed circuit cards, power supplies, valve packings, etc. In these cases, Forney will provide a replacement or repair part in exchange for that determined to be defective with transportation cost to and from site prepaid. Seller shall not be responsible for the costs of ,~~ removal or installation of any item not supplied by Seller. The effects of corrosion, erosion, aging and normal wear are specifically excluded from this warranty. 1 =, ~ FoRNEY r..p NEW NANOVER COUNTY, WAS7EC - November 9, 1995: Units t,2,3 FC Prop, S203-725. ESC-1200 Control S stem U rade Rev. S 12.3 ~'LflCr~r~ty of Work PI©aso insert after "and services" In the fourth line"oreighteen months from date of delivery of tl~e equipment to the FOl3 point, whichever shall first occur". Plcaso add the following to this Article; If VENDOR fails to make good faith efforts to make•cure after.notificaiton of any nonconformity, then COUNTY may make such corrections or subcontract to other parties to make such corrections and VENDOR shall pay the associated direct cost..A written accounting of back charges must be submitted with invoice to 1/ENDOR. SOI_,A.LHANTIES EX~~(Z$IVE . THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL' OTHER WARRANTIES WHETHER WRITTEN, ORAL OR IMPLIED, IN FACT OA IN LAW (INCL.UDING ANY WARRANTY OF MERCHANTABILfTY OR FITNESS FOR A PARTICULAR PURPOSE). {. ~ . 14. • ~jasi_It and Termination ~ ~ . .. . • Please Insert: 'and tails to make good faith efforts to cure within five (5) working days upon recoipt of written notice thereof," after: °contract" in the second line. '°~ Please delote:'Upon" In,the third line to the end of this artfclA antl~substitute: "In the event of such termination the following shall apply; - ~ . COUNTY may contract for like or substantially similar equipment acid installation senilces~ ©lsowhore to compensate for any undelivered goods hereunder and the complelion`of this contract. Should the purchase price thereof exceed the. purchase price of the goods and services contemplated hereunder, VENDOR shall pay to COUNTY such difference in price, • VENDOR'S SUPPLEMENTARY PROVISIONS VENOOR's Supplementary Provisions shall be a part of any contract. :1~JTATION OF LIABI ITY In no event, shat( VENDOR, its subcont~actors~or its vendors'be liable in contract fort, strict liability,` indemnity, warranty or otherwise, for any special, Indirect; Incidental or consequential damages of a commercial-nature,. such as but not limited to, loss of anticipated profits or revenue, loss of use of system, nonoperation• or increased-cost of operation, of other equ~pn~ent, cost of capital;. cost of purchased or replacement product or power; or claims of cusfomers..of COUNTY fortloss,or.damage of any nature whatsoever. The terms."consequential,•special; indirect or Incidental damages" as used fn the preceding paragraph shalt. not be deemed to include the costs of repair or reptacamenf'of damagAd or `destroyed properly of County,.any claims,based on~personal inju"ry or death, nor shall it include the cost of any suit Vendor is required to defend under this contract. ... ,. 2~ 18, .., ~.. _ C-2 ;. EOJ~EY~QEiPOt3A71ON . ' NEW FIANOVER COUNIY~ WASTEC November 9, 1995 Units 1,2,3 FC Prop. S203.725 ESC-1200 Control S stem U rade Rev. 5 1'he remedies of the COUNTY seC forth in this contract are exclusive. In the event of a contingency for which no remedy is specified, -the COUNTY shall have the benofit of all remedies at-law or equity. b2_~bA.~ ~ Should COUNTY request a holdup in the prosecution of the work, all costs associated with the hoidup including removal of equipment from engineering, production and installation, storage, rescheduling, reconditioning, restoring equipment to production after removal of COUNTY's ~' holdup, etc., shall be for COUN7Y's account. VENDOR assumes no responsibility whatsoever for any d©lay yr the consequences thereof, in restoring equipmAnt to production. When material is ready for shipment, and any aet~misslort-or request of the COUNTY, for any reason whatsoever, the date of delivery shall be regarded as the date when ready for shipment and payments shall be made and title shall transfer to COUNTY accordingly. Upon request by'COUNTY, VENDOR shall arrange for storage of the equipment. All costs thereof shall be for COUNTY's account. EQ.EZ~~_h1AJEURE VENDOR shall not be liable for any loss or damage resulting from delay In the prosecution or completion of the work caused by labor disputes, floods, fires, riots, thefts, accidents, inability to obtain necessary labor, materials, components, or fuel, acts of the Govemmant, or any other cause which is beyond the reasonable control of VENDOR. COUNTY will extend all dates by a period of lima equal to the delay experienced and (ts consequences, If any. E~.l~t La~.t<mmnitX Vendor will defend any suit instituted against County for alleged infringement of United States ~+ patents, issued prior to acceptance of this Proposal, relating to equipment of Vendor's design, provided such infringements shall consist only in the use of such equipment by itself not in combination with other devices, and provided County give Vendor immAdiate notice In writing of any claim of infringement or institution of any suit, permits Vendor to defend such suit and furnish alt needed Information, assistance and authority to enable Vendor to do so. In caso 3 of a final award of damages in any such suit, Vendor will pay such award but will not be rosponsible for any settlement made without its written consent. Notwithstanding the foregoing, Vendor shall have the right io cure any claimAd infringement at its option by (I) acquiring the right for the County to use the equipment; (ii), supplying modified designs, adclitlonal or alternate parts for modification of the equipment to avoid a claim of infringement; or (iii), refunding that portion of the purchase price received by Vendor and abandoning or . directing the return, at Vendor's expense, of the equipment. u C-3 9 ' ~ .. ~ } ~~ e. 1 ~ !! ~ ~. - ., ~. i,.' . y. : ., , i~ ~ ~ ~ .. ~- ~.. 2~2~ ~ _ 3-2 1 NEW HANOVER COUNTY, WASTEC November 9, 1995 Units 1,2,3 FC Prop. S203-725 ECS-1200 Control System Upgrade ~ Rev. 5 ~, TECHNICAL. COMMENTS 1. No changes to logic functions are proposed. Forney will load current application and a database into new controller for test purposes to assure correct operation of logic and graphics. 2. Controllers to be mounted In existing cabinets. Service time has been, quoted to support th© ~; decommissioning of old controllers and replacement wish new. 3. Some small changes in graphic format and certain logic functions are sometimes required to accommodate the change to Revision 6. One is the reformatting of thA database descriptions, primarily for analog to accommodate tha available 32 character descriptors. !t is not mandatory to.do this change. A socond is changes to the video trend pages. Reassignment of ID points Is required. This work is proposed to be provided by the plant staff. All the changes can be performed off•line through the workstation software which can be sent early In the protect to allow sufficient time for training and to implement changes. D 0 u 4-1 1 2.22 t 1 1 REQUEST FOR BOARD ACTION Meeting Date: 12/18/95 Regular Item #: Consent .Item #: 7 Additional Item #: Department: Emergency Medical Services. Presenter: Page Count In Agenda Package: 2 Contact: Amy Akin SUBJECT: Rejection of Bid 96-0067 for three ambulance remounting and adoption of resolution rejecting bid BRIEF SUMMARY: The formal bidding process was followed for the remounting of three ambulances. Only one bid was received and this bid was over amount budgeted. Staff is requesting the bid be rejected and the stiff will investigate other available options. A 1 f RECOMMENDED MOTION AND REQUESTED ACTIONS• Staff recommends adoption of resolution rejecting the bid received. FUNDING SOURCE: FederaF $: State $: County $; User Fees $: Other $: Money Is In Current Budget: ,New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: LGL: APP WCOPLEY FIN: BUD: N/A CGRIFFIN HR: N/A AMALLETT Recommend adoption of resolution. ~..... ~, , ~~t3~~z~i~~~r .~ :..~ Refer to Office Vision Bulletin Board for Disposition 223 RESOLUTION OF THE ` BOARD OF COMMISSIONERS OF _ NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were received and publicly opened by the Finance Department at 11:00 a.m. on the 14th day of November, 1995, at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bid was received for three ambulance remounts for the Emergency Medical Services Department,' Bid. # 96-0067: . Med=Tech Ambulance Corporation $111,000.00 AND WHEREAS, the bid received was higher than amount available; AND WHEREAS, the Emergency Medical Services Director, the Finance Director and the County Manager recommend that the bid be rejected; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for three ambulance remounts for the Emergency Medical Services Department, Bid # 96-0067 be rejected: ~ ~ ~ ~ . - - This 18th day of December, 1995. (SEAL) Chairman, Board of County Commissioners.. ATTEST: REQUEST FOR BOARD ACTION Meetin Date: 12/18/95 9 u i ~i i 0 ~~~ 0 .Regular Item #: Consent Item #: 8 ~ Additional Item #: Department: Finance Presenter: Page Count In Agenda Package: 2 Contact: Amy Akin SUBJECT: Disposal of 1.972 Koehring 305 dragline BRtEF SUMMARY: The dragline was obtained from the airport in 1990, in the anticipation that it could be used by Vector Control for drainage projects. This has not occurred. The machine is 28 years old. It was estimated two years ago that it would cost approximately $50,000-$60,000 to repair. Staff decided to .try to dispose of the equipment and the formal bid process was used. Staff sent out 66 bid requests and received only one offer of $1,250.00 from Clifton Edens. In the process of verifying the value of the machine, staff received another offer of $2,000 from Gulf South Equipment Co., Inc. In order to sell the equipment to Gulf South for $2,000, the County must reject the bid received from Clifton Edens, approve the sale of the equipment at a private sale to Gulf South Equipment Co., Inc., advertise the sale, and then complete the transaction no sooner than ten days after the advertisement. RECOMMENDED MOTION AND REQUESTED ACTIONS• Staff recommends adoption of resolution rejecting bid received from Clifton Edens in the amount of $1,250.00 and. approving the private sale of Dragline to Gulf South Equipment Co., Inc. FUNDLNG SOURCE: Federal $: State $: County S: User Fees 5: Other S: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: LGL: APP WCOPLEY FIN: BUD: APP CGRIFFIN HR: N/A AMALLETT e e COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• Concur with recommended action. 225 Refer to Otlice Vision Bullctin Qoard for Disposition RESOLiJTION OFTHE - BOARD OF~C0~IMISSIONERS ~` • ~ - ~ ~ i • - • ,OF .. NEW HANOVER COUNTY ~~~~ • WHEREAS, the Cowity has a 1972 Kocluing 305 Draglinc, serial number 305-C I G 112, which runs buf is inoperable and has no value except for parts; • • ~ ~ - ~. - WHEREAS, aaler due advcrtiscmcnt, bids ucrc rccci~•cd mid publicly opened by thc:Financc,Dcpartmcnt: at 3:00 p.m. Tuesday on the 24th day of Octobcr,.1995, at the Cow~ty Administration'Building, 320 Chestnut Street, Wilnungton, North Caiolina, and'lhc following bid•~~•as rccci~•cd fog lhc~salc of a surplus 1'972•;Kochring 305 Draglinc: ,. ~ ._ e~ • : Clifton Edens ' $1-,250:,00 .. , . ~ ~~ ~ :. . ,, AND WHEREAS, after bids ~~•cre closed., at a later date, mi un olicitcd:offer of Two Thousand Dollars ($2,000.00) to purchase thedcaglincwas rccci~•cd; : ,.._ .. _ • ' AND WHEREAS, it is the County's desire and obligation to.rcccivc the maximum available on the • disposal of the draglitie, it is staff's recommendation-to reject the bid from Cliflon•Edcns in the amount. of Onc Thousm~d Two Hundred Fifty Dollars mid appro~•e stafCto proceed with the private sale of the dragline, pursuant to G.S. IGOA-2G7, to Gulf South Equipment Co., Inc. in the amount ofT~~•o~Thousand`Dollars($2,000.00); NOW, THEREFORE, BE•[T RESOLVED b}• the Board•of.Counly Commissioners of New Hanover County that the bid received from Clifton Edens in the amowil of Onc Thousand T~~•o Hundred Fi(iy Dollars ($1,250.00) for the sale of the draglinc be rejected and the pri~•atc salt of ll~c draglinc, pursuant to G.S. 1 GOA- 2G7, to Gulf South Equipment Co., Inc. in the amount of T~~•o Thousand Dollars ($2,000.00) is approved. BE IT FURTHER RESOLVED that Q~c Purchasing Agent is hereby authorized to return the bid deposit to the unsuccessful bidder. This I Sth day of December, 1995, ' (SEAL) _ _ - r.., .... ATTEST: Clerk to the Board 226 1 1 1 1 1 1 1 1 6 e t 0 w 0 REQUEST FOR BOARD ACTION Meeting Date: 1.2/18/95 Regular Item #: Consent Item #: 9 Additional Item #: Department: Presenter: Page Count In Agenda Package: 5 Contact: Allen O'Neal [~I IA If"nT_ V V U J~ V 1. Approval of resolution relating to the sale of surplus property owned by the City of Wilmington and New Hanover County BRIEF SUMMARY: The attached resolution relates to the sale of surplus property owned by the City of Wilmington and New Hanover County identified as; Parcet Number R0054-10-022-015.000, 1017 Dawson Street, for the amount of offer as $1,785.00. RECOMMENDED MOTION AND REQUESTED ACTIONS• rufvuilyc~ SuUKC:t: Federal $: State S: County $: User Fees $: Money Is In Current Budget: ~ New Appropriation Request: Budget Amendment Prepared: Recommend approval and adoption of resolution. ,~ , - ~, . y~., _, ~ l4l tir ~-•u 8. p ~' Refer to Office Vision Bulletin Board for Disposition Other $: 227 REVIEWED BY: LGL: FIN: BUD: HR: COUNTY MANAGER'S r(~MMFNT~ AAIn R~rnnnnn~~tr~wn~~c. ~ ~` w ~~~E`~' + ~ e~a ~ +~~~- . _~ .•~I) 1739 CITY of WILMINGTON ,i North Carolina P.O. BOX 1810 .. 28402 ... . December 5, 19:95 ` ADMINISTRATIVE SERVICE TDD (910) 341-787_ (9;1.0) 341-7830 Mr: Allen O'Neal, County Manager. New Hanover- County ~ LLLJJJ ., . -. ~ ; ` 320 Chestnut Street Wilmington, N. C. 284'01 ' '. _ • , ~ ' . Dear Mr. O'Neal: The attached resolution relates to the sale of surplus property owned by the City of Wilmington and New Hanover County, more particularly identified ae follows: Parcel Number Address Amount of Offer R0054-10-022-015.000 -.1017 Dawson Street '$1,785.00 The resolution proposes acceptance of the offer from Linwood and EriaJ a Nesbitt for the parcel identified above and in the attachment to the resolution. This property has an ad valorem tax value as of 1989 of $2,149.00. The offer will be duly advertised for upset bid. Passage of the attached resolution is recommended. Respectful~ljy submitted, Steven•,D: Bridges ~ ' . Purchasing Agent __ SDB:ews ~• ri .. , Attachments _ .. ..... _. _ . ~, 228 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 a INTRODUCED BY: Allen O'Neal, County Manager DATE: December 18,.1995 RESOLUTION PROPOSING ACCEPTANCE OF THE OFFER TO PURCHASE REAL PROPERTY LOCATED AT 1017 DAWSON STREET LEGISLATIVE INTENT/PURPOSE: This resolution relate s, to the proposed sale of surplus property jointly owned by the City of Wilmington and New Hanover County, more particularly identified as follows: Parcel Number Address Amount of Offer Tax Value 054-10-022-015.000 1017 Dawson Street #1,785.00 ;2,149.00 Offerer Property Dimensions Linwood and Eria Nesbitt 30' x 93' This property has been offered to Wilmington Housing Finance and Development, Inc. and Cape Fear Habitat for Humanity. Neither organization could uee the property in their program. The offerer{s) has agreed to pay the amount(s) indicated above for the parcel(s) identified. The parcel(s) has been declared surplus by the County Commissioners and not needed for public purposes. RESOLVED:. 1. That pursuant to N.C.G.S. 160A-269, the County Commissioners does hereby propose to accept the offer(s) to purchase identified herein from the offerer(e) as indicated. 2. That New Hanover County reserves the right to reject any and all offers. 3. That New Hanover County will retain any deposit posted by the offerers) when: a. The offer is withdrawn after posting the deposit. b. .The offerers) fail to pay the balance of an approved offer, due in cash, within ten (10) days of receipt of a notice by certified mail of availability of the deed of conveyance. 4. The offerers) shall deposit the sum of 5$ of the total offer immediately following adoption of-this resolution. 229 ~ ; ~~ ,~- ~~ ' .~ ..o I rr n I~ . o n ~ r - - .n' N'~- _ 1,~. ~p ~~2iuT ) ~ ~ ~ YI I~ .7 I , ~ _ _ ~ S 7 ~ ~ ac m S S ~_ ,,, 7 ,u'I ^ _ ml~,, . p .. N ~ N _ _ ~ p ~ p7 ^ 1 1.~ ~--- - ~ .. , ~ 70 7z aIRTEEYTH ~ )t 7) I7) )o n ~o i 1 4~1- ~ ..W~o .. e n e'u, N N m m I N~ N N V '. ~ ,~ 9 •. 1 1J •.r • )) ~Y ~ ~ - ~o ~f7 ~j. )2 7I' ~ I ..1-'~n7~. OC n '^ I ~~ ! I~ ~ p ._~1 V-~ N ~ I I V I I ~ p ~ 1: 1 ._~ 7) )2 I2 171 1. 7). f7 ELfTH ~ =1 I I~ o~ I ~.1 • ~ I^ Y9 '+Jil Y Yn , A^ 1 ~I " ~ „I ~ .f r. ,p ~ ~j ~"~l ;~ I)., )) ELEVEr~TH r n ~' .;'III `.)I. cti . , _, ~ - ,~ e r.7 I `G ; _ - ~ _Q~. ,If_n.1 I. ~ 1~ Y. ;~TEN7H :S ,v"~ `T 1•I; VIII S' ~__~ ~ .tea. :: ~. T ~IN• w I ~- 77 ~. OI ~~ T 7 Z •s » j7 I ~ 1 I i _ ~ A f ~ ' ~ 1 ~a t Ih n . f p ` •~ ' ~' ))~~ 3) y II~)T N , ~r-- i. n ~) ~ ~ 1` ..i ., m 1 ~ (1" 1 , ~ ~ Y I ;) ~. STREET I7t ~:: n 7 :y~ )7 ; I 1 ~~ ~_ I 1-~ , ~ h v.^ /~ ti`s ~•' d ~ ~~~ip7 ~ -I-I Y - V - : ~ ~NJ : O Y 77• r7 COI t3 „ N ~ ^1 I ~~~,ZT Is _ ±~ ~ Q V - I Ir I' ~ m RS R+Iyy~3)1)0 .~ 66 =) , _:_. •STREE7 _~ -~ G~fl ~~ r~.7 f i REQUEST FOR BOARD ACTION Meeting Date: 12/18/95 0 ~~ s Regular Item #: Consent Item #: 10 Additional Item #: Department: Museum Presenter: Page Count In Agenda Package: 4~ Contact: Janet Seapker SUBJECT: Acceptance of 1995-96 Arts Council Grassroots Grant for the Museum and approval of Budget Amendment 96-0086 BRfEF SUMMARY: The Museum has been awarded a $1,750 grant from the Arts Council to support programs related to the Museum's Live Performance Series. The grant will pay for artistic fees. The required match is currently in the Museum's operating budget. Budget Amendment 96-0086 is attached. RECOMMENDED MOTION AND REQUESTED ACTIONS• Recommend acceptance of the. grant and approval of associated budget amendment, 96-0086. Request authorization for the County Manager to sign the document. v Federal $: State $: 1,750 Money Is In Current Budget: No Budget Amendment Prepared: Yes County $: 1,750 User Fees $: Other $: New Appropriation Request: Yes A ~'" ',~~, d~ REVIEWED BY: LGL: APP WCOPLEY ~ FIN: N/A BSHELL BUD: APP CGRIFFIN HR: N/A AMALLETT ~ ' COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• Recommend acceptance of the gra authorization for the Chairman to sign, and approval of the associated budget amendment. ~ ~< ~~ 4F ^ A v+ .. ~ V V _i r l ~Il ~~y~ ~~ - • i` a Rcfcr to OtTice Vision Bulletin Board for Disposition ~i ~~ budget 1~rnendxxtei~t C.' :yam;. ";:~:~:~;~:ry..N....~...,~,w"";'3v~r...n-.tt.,aexn.. .«.i.;. i~: ~ - . `. .,....... ....,.,. ..... ........ ........ ,....a ... ......... . .. ....... .........a.... DEPARTMENT- .. Museum. BUDGET AMENDMENT# 9~6-0086 .ADJUSTMENT• Museum Arts-Council Grant I Museum Contract Service DEBIT~•, ~, $1,750- " - -. ". .. .- _ .. .. L 9 ' EXPLANATION ~` The Museum-has been awarded a $.1,750 grant from the Arts Council ~to 1 _support programs related to the Museum's' Live Performa~ ce Series. -The required match is currently .in, the ,Museum's operating dget_,, 234 ~~~~ ~ ~~ ~~ A,_fl.~~~~~~~~~ . ~~""~~ iul ~ ~...ysakl;yl For Budget Officer's approval; then report to Commissioners at next regular meeting /and enter In,minutcs. `~ To be approved by Commissioners. COUNCI F • TH L O E LOWER • CAPE • FEAR P.O. Box 212 • Wilmington, NC 28402-0212 • 807 North Fourth Street • (910) 762-4223 • FAX (910) 762-9312 November 22, 1995 Harry Warren Cape Fear Museum 814 Market Street Wilmington, North Carolina 2840] Dear Harry, Since we haven't sent you a formal contract awarding your Grassroots Grant, and since' you've already received your check, please return this contract to the Arts Council immediately. Thanks for your cooperation. These funds, amounting to $1,750.00, will be used to offset artistic fees for the ~ museum's Performance Series. This award is a portion of the funds allocated to New Hanover County from the North Carolina Arts Council's Grassroots Arts Program. The project period for this grant is (fill in dates)-~l ~(~~- (0~~0 ~~t ~, and the total budget for the project will be (fill in amountt ~ NCO as described in your grant application. if the amount awarded is less than the amount requested, please submit a revised budget sheet for the project and return it with this contract You must match this grant at least dollar for dollar in cash expenditures on this project during the grant period_ National Endowment for the Arts or North Carolina Arts Council funds may not be used for any portion of the cash match. You. must request permission in writing before making any material changes in the budget or scope of the funded activity. Ali pubiished materials and announcements regarding this prof ect should contain the following special note: This project is supported by the Arts Council of the Lower Cape Fear with funds from the Grassroots Program of the North Carolina Arts Council, a state agency. Evaluation forms are due in the ACLCF office no later than June 30, 1996. Failure to complete evaluations in a timely manner may effect an organization's consideration for future grants..- ~'IJ ~ -continued- 235 ;! Harry Warren Cape Fear Museum November 22, 1995 Page Two of Two r- If you have accepted your check, please sign and return the original of; this contract and revised budget sheet, if applicable, to the ACLCF office immediately. The copy is for your records. Acceptance of this award constitutes an obligation upon you to fulfill the terms of this letter. With regards, . ~, Don VI/..Fishero Executive Director ' ., r SIGI`{AT(]RE OF AC)THORIZII`IG OFFICIAL AI`ID TITLE ,DATE - - ~ ~ ,_: SIG[`IATURE OF PROJECT DIRECTOR DATE .- ~ .. z SIGI`{ATC]RE OF FISCAL AGENT' ~ y DATE , . (If applicable) • 4 ~ ~ .~ ' ~ .. 236 REQUEST FOR BOARD ACTION Meeting Date: 12/18/95 Regular Item #: Consent Item #: 11 Additional Item #: Department: Museum Presenter: Page Count In Agenda Package: 2 Contact: Janet K. Seapker SUBJECT: Approval of salary upgrade of the Education Coordinator for the Museum BRIEF SUMMARY: In advance of recruiting for the two vacant education positions, the duties of both positions were revised and Human Resources was asked to review the salary levels. Human Resources has recommended that the Education Coordinator's position be upgraded from 11.7 to 118. Funds to cover the upgrade are available in the Museum's current budget. RECOMMENDED MOTION AND REQUESTED ACTIO~NS• Recommend the Board of Commissioners approve the .salary upgrade of the education coordinator from Grade 117 to 118. FUNDING SOURCE: Federal $: State $: County $: User Fees $: Other $: , Money Is In Current Budget: yes New Appropriation Request: no Budget Amendment Prepared: no REVIEWED BY: LGL: APP WCOPLEY FIN: N/A BSHELL BUD: -APP CGRIFFIN HR: APP AMALLETT COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: The matter has been reviewed, in .detail, by the County Human Resources Department. In order to maintain consistency and integrity of the pay and classification system, I recommend approval. ' . /237 ~~.~ . - ~.. Refcr to Oftce ision Iletin Board for Disposition -MEMO NEW HANOVER COUNTY r INTER-OFFICE November 21. 1995 .x ,, TO: Janet Seapker ~ Director ~ ~ ~ ' Museum FROM: Catherine C. Morgan, Personnel Analyst ~I,' Human Resources RE: Salary Upgrade -Education Coordinator (Museum) Pay grade 117 to pay grade 118" ~ ~~ ' ~ ., ~ . .s After review of the above-referenced request, Mary Ann Walton and I recommend approval. The growth of the education unit of the museum has impacted this position, as has the addition of science education to the mission of the museum. In reviewing the elements of the position, we can see that this impact requires an adjustment of the point factors. This adjustment puts the position in a higher pay grade. With this upgrade, the education coordinator position will be at the same level as, the . curator and. researcher/historian/public information 'officer` positions ~in the museum, This is a more equitable relationship, considering the supervisory and oversight duties ~` for the education unit. _ , . . .. :..._ ., As I understand .it, this request .must go before the Board of County Commissioners for approval. You may use this memorandum in support of your request to them.=~.: • . 4~ cc: Allen O'Neal, County Manager. . Y Andre R.~°Mallette, Director of Human Resources `' Mary Ann.•Walton, Assistant Director of Human Resources. 238 .- . ~ REQUEST FOR BOARD ACTION Meeting Date: 12/18/95 Regular Item #: Consent Item #: 42 Additional Item #: Department: Human Relations Presenter: Anthony Wade Page .Count In Agenda Package: i ~ Contact: Anthony Wade JUtiJtl.l: Approval Of request. for Human Relations for Clerical Specialist position and Budget Amendment 96-0096 BRIEF SUMMARY: ~ . An 18 percent increase in citizen assistance. requests involving the Commission's services has resulted in the need for a Clerical Specialist. Currently, the Agency does not have sufficient staffing to accommodate this increased demand combined with staff support issues involving the Commission. This position would address that concern and ensure service to the public would continue at a quality level. RECOMMENDED MOTION AND REQUESTED ACTIONS• Recommend that the Board of County Commissioners approve the request for Clerical Specialist for the Human Relations Commission and Budget Amendment 96-0096. FUNDING SOURCE: Federal S: State $: ~ County $: 15,475. User Fees $: Other $: Money Is In Current Budget: no New Appropriation Request: yes Budget Amendment Prepared: yes LGL: APP WCOPLEY FIN: N/A BSHELL BUD: APP HR: APP AMALLETT COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: This position was funded as a half-time to ary position until the Human Relations Director had an opportunity to review the staffing of department. Based on his recommendation, I recommend approval of this positi ~\ ., ~., ,, :~ ~ :,,. ,. -. ~ ,~ ~~uu ~ ... ~ 239 ~.. • Refcr to Office Vision Bullctin Board for Disposition NEW HANOVER.COUNTY .. INTER:-OFFICE ~ . MEMO .......... .............,,.,.. . ... . .. .. .. . , December 6, 1995 ~ ~ .a. - ~.. ~ - .TO: Andre R. Mallette, Director . ., ~ ~ . Human Resources. - . _ _ FROM: Catherine C. Mor an Personnel Anal st C4~~~ 9 ~ Y Human Resources SUBJECT; Classification for Requested New Position _ Human Relations - ~ ~ .. ~ ~. _ . ... ~~; .. .. .. Based on information. given„ by~ Anthony.,.Wade, --Human Relations Director, m ,our discussions this date, I recommend--if the position is approved--it be classified "Clerical Specialist I" (pay grade 111). With the job function of handling the "requests for assistance" shifting from the Community Relations Specialist to this position, this position requires the application of specialized knowle a of ordinances and laws. • As I understand d9 it, the incumbent will explain and interpret information, counsel clients, and make determinations as~to basic jurisdictional matters,, etc: ~ The proposed position as described is; therefore;. ~'~ different from the "Clerical Assistant" position it had previously been. ~. •- .. :. ~;, - 240 ,;.. . ' . Budgef Amendznerlt w...a.~..M\..!n..,ww...'~`CW.C~~bh:!M!~Y.;\`!'~!!TYY..:~PPl:C^M..~\:.)~}`n~l~!M~f;!!!v!}ry\M.:M:!~!(!f~!1}!IYMV!}\,.!C!\~!\'F.w~MTV!!N.w.~.v. w ..v ...:......v...t ........ .......v..: ~~::: ~.~v~.. ... ...~.. ~'(;!"` ..`:N\:~~~!CNUMwCya~.\rv.,y!N :'l..wN.C\T\\.\......... ~ :. ..~ ....:v...,.~ ..:.., ~:..... ..... .....v.•:: ~,.....•n-\... ... ^:.+v. w::.v. . v :::.<..... '.:t...v...:. \ .. \::~:: v w.w: i'{.;::: ~:. v. i.v .....:: ~~:~v~~ \: . \..N\.V\v.. ..gyn..\n.~.v..Jn n'~.::... ~. ~.. ~:{{~~\.:.. {~... nnn.~. .:.(.':: .U. ~. ..... ... :•:::::~:;::i:.:y. . :~.:4~:~: v. .~ : :; .n.:: a.:..:.:v:.v::}.i:: inv::v'~.~.,~. :.:" ~'~i::v+': '~: ~i'`:'::1 :...~.K:.i:.::.: n~: v... :~ .v~ \. n~ .t ..:.....~...a ........... ~na~:~ :~ .. v::: ~ ' :~ ~ ~ '\ ~ f \ \ . ....:n.v...w.a .\ ~:v: 2a .. . :aa<~C<t~:: , ,, ~ ,~:.; ,.,.. . .. . ~.y~~,..n:c_.i~.:^.:i<v.~::.;:.:~v.::.:~.v.vn '~w:i~.v~~::i:: ~•.: . ... .. ...... :..: .J . :.~ \.~ \ \ .... ...v.\ \ .........:<.:.':::u:.• :i<?aij ~V\i~ \.~.A~:~i~~.~~~~~\~~~.<i~a r~~~\.:.~.\.~~.~~~:~rZ~~:~~~ ~< :t((C.~\\~~.~ \~ ~!~~~.\~~~ ~i ~ • DEPARTMENT: ~. BUDGET AMENDMENT# - DATE: Human Relations/ 96-0096 12-18-95 - Contingency. ADJUSTMENT: DEBIT: CREDIT: Contingency Contingency $ 15,475 Human Relations Salaries s $11,783 FICA - 902 Retirement 590 . Medical Insurance 2 200 , EXPLANATION - , ~. Y To increase Human Relations's budget for increasing 50~ temporary - clerical position to 100$ regular position. With approval of this. budget amendment, the , remaining balance in Contingencies will be $140,195. ~ ..~. VIII ~ ~ ' .. ~ 241 ~.., ~.~ ~ ~ ~ ~ ~/ - For Budget Officer's approval; then report ~r~-~~. • I o Commissioners at next regular meeting and enter (n minutes. To be approved by Commissioners. To be entered into minutes. . 11 PD 1993 - -- - - _ PQSITION DESCRII'7CION TO THEEMPLOYEE:'Thiswriiien injormanon isofgreat value in understanding and evaluating the dutiesand responsibilities a of your job. These questions should assist you rn describing your work and clearly explaining your tluries. Read th a questions carejuUy and try to answer so that anyone who dies nor know the job can understand what you do: Think and write in terms of what you do, and how and why you do it. Feel free to attach any adduional information you feel would be helpful in describing your job. Also,' you may attdeh'additional pages if you need additional space for your answer to any ojthe questionu . f (~ Potts-Allen, Maria Anne Hama R l i LJ P n ar nnc Name Last First ,Middle Agency or Department - Clerical Specialist ~ ~` ~. Official Position Title Division or Section Clerical Specialist 4~2 ChasYnttr 4rrPnt Working Title ~ Work Address v ~ June 26, 19,95 •' _(910) 341.-7171.. .' How long have you been in this job? Telephone Number June 26, 1995 8:00 am -• '5::00 pm` How long in this agency/department? Regular Hours of Work Anthony W. Wade, Director ~ ~t u ~„r Name~tle of Immediate Supervisor Length of Meal Break 1. PURPOSE OF JOB: What is the primary purpose and objective of your job? (VVhy does your position exist?) The primary purpose of my job is to screen Agency request for assistance for New Hanover County citizens and provide clerical support to the Human Relations Commission and staff. • 2. GENERAL DESCRIPTION: (How would you describe your job to someone who has never done it?) My job consists of two primary parts:- (1),screening requests for assistance and determining basic jurisdictional issues; and~(2) providing clerical support to the Hi:man Relations .staff: Part ~1 can be a• very detail oriented process depending • upon the client's problem, their emotional state. of mind., and how much time it takes'' I ~ to ascertain: whether their problem should be~referred.for~agency intake .or referred" '" L~ to another agency or resource, This includes responding, to inquiries providing,, agency information regarding•services. (Continued-see atfacbed page) 3. REQUIRED DUTIES AND TASKS: Please read these instructions carefully. ,..~..M....,,.,.~._...~.~.~ .,,.,,,w..~..,~.,,.,,,..~s,ri . D>i~~S ANU~A$KS~ST~In the space provided on page 3, list the duties and tasks involved in the performance :L:w...4il.WM.M: iR.ViT~.cirRC~'w~J"L9xniw~N6~pWW~.q~,,., of your job. Describe each task in a clear, concise statement: B egin each statement with an action verb (e.g., drives. conducts, repairs, files,. types, answers, summaries, prepares, etc.) Avoid words like coordinates, handles. ar~p~t ,Continue on additional sheets if necessary. After carefully reviewing each duty/task you have listed. mark each column using the following guidelines: PEft'~lTAMC~~?~~n the small column to the left, indicate the percent oftime you spend in cash task listed. D 0 (~~€TEN~1~i~ How often do you perform the task? Mark this column: D (daily) or W (weekly) or M (monthly) ~ or I (,irregular intervals) or A (annually) IISiP`t?~LTAI~CE:Rank the importance of tasks in accomplishing the objectives of your postiion. with "1" being the mos! important. Note: T1~e most imporrant !asks arc nor nccessa~ily the ones on which you spend the greatest amvu,u ojrime. d. PHYSICAL DEb1Alr'DS: For each task. supply ALL applicable codes in each category -- Activities. Effort. and Visual. ACTIYI'TTLS: Does this task involve any of these activities? k~(3~i'I' Dces this task require that weight be List ALL that apply in the Activities column beside the task lifted or carried or force be exerted to push or pull? Code c'~I1JIX If so, how much? Code ~sical effort to lift. carry. alp 1 or Push 10 Up to 10 pounds Up to 25 pouads ~` ;'~ 50 jTp to 30` `ands ~~' 100 :..;.:.Upp to l0~pounds ... . ... ........... 100+ 1v4ore than 100 pounds VZ5UAG~ Does this task have any special visual requirements? Code Visual reo»irement 5. WORK ENViRONi~tENT: For each task. supply ALL applicable codes in each category --Conditions. Noise. Exposure to Blood and Other infectious Materials. ~CQNDI~'IE)NS~ Does this task require regular exposure to any of the following conditions? NQLSE What is the typical noise level for the work environment while performing this task? . ~~ tonditions ~`~~Q~lat~ •t a check mark in this column if performing this task puts you in contact with blood or other potentially infectious materials (fluids, needles, etc.) ~i ~. Noise level. VQ Veryquiet (examples: forest trail, isolation booth for heanne test) (~~":;~''"~:;Quret'(ezaniples:< libraiy~piivaic:off~ce) :° M Moderate notse (examples• large business office with typewriters and/or computer rinters, light traffic, pumps. compressors. P ) conVCyOr$ ,.... ~, ~,,,, LN Loudn+orsc txamplcs .meta] canmanufac :. ~. g . gnipmen .; string ,~argc;carth=movie ~ .z t "..; VLN ~ Very loud noise (examples: lack hammer work front row at concert~43 ;~ i If not covered in the list above, describe any unusual and/or difficult conditions you encounter in your job. Include ` comments about the physical. surroundings, unavoidable hazards and/orphysical harm to which you are exposed. etc. EF ~ % - DUTIES AND TASKS - -- . ~ PHYSICAL DEMANDS WORK 1;NVIR - ,_. j .... '. .. .._ ~y, z ~ Q , ~ ~ c ,c ~ ~ ••s ; .. . W er ~ ~ ~ ~ ~ Z ~ E" ' ~ k E 15 ,. .. (1) Answering phones, directing calls to ~ ._ - appropriate staff and/or other agencies D 2 CDE 7 Q E ~ 15 - (2). Screening,requests,~for assistance D~ 3. CDE 1 ~ Q E ~ . 10 (3)~ Greet ..visitors to agency,;and assis;ts:~. , D- 1 ABCD 7 Q the public • E 05 (4) Prepare incoming and outgoing mail D 4 AACD 10 1 Q (certified, overnight express, and UPS) EH _ E' 10 ('S) Type letters; memos,"envelopes, and labels ' .s D b CDE '-1 •~. ~Q 02, (6)., Maintain.inserts for reference ~M 10 ABCE 10. ,. 1 Q materials H _,' 5 (7) Organize and .maintain file maintenanc W 9. ABLE 10 1 -, Q and disposition plan H' 5 (8) Run copies D I1 ABEH 10 1 Q 5 (9) Prepare materials for. workshops and I 14 ABCD 10 1 ~ Q community events EH E 10 (10) Prepares:'documents for case files. D 7 BCDE 1 Q' _ • E 02 (11) Enter data in EEOC hero system M 12 CE 1 Q E 04 (12) Provides monthly request for M 13 CDE 1 Q. assistance totals for data base entry E OS (13) Prepares notices for respondents. W 8 CDE ~ 1 .' Q ' 02 (14) Serves as backup to record/transcribe _ .and copy HRC monthly meeting minutes ..~,I. 15 CDE 1 _ r Q E 05 ,' (15) Schedules-intake .appointments for _ 'investigators. .' - D 5"~ CDE 1' ~ Q - ** (3a) Provides .basic jurisdictional information 'to "callers/visitors as ~ ~ _. _ " related to County ordinance and - ~ ' Federal. l.av. , .. _ D 1 ABCD . 7 Q . 3; ~) n a 6. MENTAL DEMANDS: Describe the degree of mental stress and pressure that is required in the performance of your job. (Examples: Are there frequent deadlines: extended periods of concentiacion: close. exacting work: analytical work: frequent interruptions; public contact: tight work spaces: crises: etc.?) The duties of this position are such that generate a high level of mental stress and• pressure because of the demanding nature of the position. Those demands include publi contact and .providing information to sometimes hostile/emotionally upset charging parties/respondents, determining. basic legal jurisdictional issues during requests for assistance from citizens, providing routine information regarding departmental service to the public,. provides a general overview of fair employment and fair housing statute to callers/v ((Continued-see attached pa e) 7. MINIMUM ~~~~kEI~IENTS: (1Vhat is required to per~orm the essential functions of your job?) What education, training or cetificaaon is necessary for your position? High school diploma or other certificate of competency at a minimum (associate degree preferred), a minimum of two years clerical experience in a high volume public contact environment, or an equivalent combination. Intermediate-level familiarity with compu-ter based operating systems and word process{ing software,. and desired commensurate Lis~anv required skills (tvpine o~compu~er se[u~aF$~uepnn°trrmeaa~ingne~yfstems. Intermediate level familiarity with computer based operating systems (Windows, DOS)., word processing software (WordPerfect 6. 1), federal information systems management training (EEOC HERO Database Systems), operating general office equipment (i.e., copiers, facsimile machines, electronic typewriters, multi-line phone .systems, etc.) What other special knowledge, skills or abilities are necessary to perform this job? Demonstrated deductive reasoning and problem solving skills combined with the ability to listen and quickly ascertain elements relevant to the customer's problem. Well- developed verbal/written skills including the ability to effectively communicate in a tactful manner with internal organizational customers, citizens, and representatives from local. m4 ici al ties, federal a en i°s, (Continued-se to e 1~ How, much pnorlo~-rel~tediwork experience do }$ou t~itnk is the~lnlIDl~Q1 neeclet~~o ac~e~u~t~~~~Cf~form youriob'% High school diploma or other certificate of competency at a minimum (associate degree preferred)., a minimum of two years clerical experience in a high volume public contact environment; or an equivalent combination. Intermediate-level familiarity with computer based operating systems and word processing software, and a desired commen- surate knowledge level with respect to federal information systems. S. SUPERVISORY RESPONSIBILITIES: Do-you fiave supervisory responsibility (i:e.. for performance appraisals. disciplinary action, etc. )? [f not. write "ti'ONE"below and go directly to #9. If you are a lead worker. do not complete this section. but be sure you have included lead worker duties in the precedins task list on pale 3. If you do have supervisor responsibilities. dive the name of employee and job title for each position repotvng to you (tilled and vacant). Indicate whether each. in turn. supervises other positions by putting the number of positions or "0" in the space provided. Name of Em~~•ee fob Title ~~s None 245 :: I # of employees reporting directly to you: - # of employees reporting indirectly to you: 9. DECISIONS AND ACTIONS, btETHODS AND GUIDLEINES: . What types of decisions (other than.. "prioriiizing work") do you normally have to make in your work eachrday/week? Accurately ascertaining basic agency jurisdictional issues for citizens as~those~.issue relate"to county ordinances and federal civil rights laws. in the areas .of fareemploy- ment and housing., Determining if the concerns that the customer presents fall 'within the "agency and', if so, referring the customer to intake;_f not, determir~ing;appropria eferral a en and o xesource. Give example of iY~'e type~o~sigtuticant errors a person in your position might make and describe'how difficult it would be for others to catch your errors. What would be the likely consequences of such errors ~ ~ ' ' ' The following examples. are not all-inclusive, but, in my opinion, re'pre`sent the most prominent significant errors a person could make in this position: (1) Failure .to ascertain basic agency jurisdictional issues...for.citizens, (2)•incorrect resource referrals, (3) erroneous administrative.casefile preparation review,. and (Continued-see How. does your immedate'supervisoc assign your work? . • ~ , , attached page My immediate supervisor provides 'general guidelines and broad objectives. Witk some exception's, I'am allowed to determine. order of .priority with .regard to my'workload. This allows me the flexibility to adjust those priorities•if unforseen issues arise that require modification""of tho~e riorit~es. ~•' • How does your Supervisor review your work. I-)pow often. My work is .normally reviewed; at the time . of comple'tton: ' It •is rioimally reviewed by 'whomever requested my .assistance (i. e.., director;,; investigators, administrative•secretary;'`community relaGions•specialist).. Any conc'e'rns are brought tom attention nitiall for correction and ,..'as of .this date none have required ,elevation ~o management for ad ~tional-,atten'tion. What manuals, gurdelines, Hiles, or. policies do ypu use [n your:wor~ . r .Computer application manuals, business english.principles, grammatical'rules,~EEOC compliance.manual, community resource manual, and.`other documents as deemed neces'sary' by my .workload. -.' . ~ , Which of your dunes do you consider the,most-difficult and w/w?Dealing-.with hostile clients during requests foi assistance is the most difficult part of my job. By virtue of. the fact -that most-who call"percei`ve themselves`to have been victimized in.some_way results in rational thought ^beirtg neutralised" by their anger: "~ Thissituatio,n requires an. • experienced execution o1'"a special approach~~to'calm the'client,'`neutralze the escalation of a problematYc situation, while strategizing'a methodical approach to • the client's problem. Describe problems that arise during the course of your-work and the manner in which you respond to them. .The. types ;;of problems that occur in my work: range, from •the issues 'I <have• described in•the preceding questions to.unforseen issues that cannot be predicted..-:!In fiscal ryear 1995, t;he~.agency received more than. 1600. requests for assistance: The average assistance, timerper call .ranged .from 5-45•minutes. (Continued-see attached, page) . .. t ,., , 10. CONTROL OF ASSETS: Do you have responsibility fot the preparation and control of a budget'?„ ~ Yes ~_ `'o If ~•es. indicate current dollar amount of t3udget: Do ~•ou handle money? Yes X No How much annually? "` 11. EQUIPMENT AND TOOLS: What machines. equipment or tools do you use, operate. maintain, or repair in • the course of your work? Examples include mechanic's tools. shovel, truck, mower: computer, adding machine. telephone. and drafting tools. Include the percentage of time spent in the operation .maintenance, use or repair of each. The total of percentages cannot exceed 100%. . r 25 %, Telephone 40 yb Electric Typewriter 15 96 Fax machine 02 c~ Adding Machine 02 c~ Postal meter OS c~ Copier •• ~ 10 .~ Shreader .OI ~ 11i~ ii 12. RECORDS AND REPORTS: Does your position require responsibility for any records or reports? X Yes No If yes, describe the types of records and reports for which you have responsibility and include how your are involved in them (filling out forms, checking, validating, verifying, proofreading, filing, analyzing, interpreting, stunmarizing, etc.). I maintain the general office filing system which would include the following: (1) Investigative case files, (2) various source documents and form files, and (3) monthly/annual request far assistance summaries. 13. SAFETY: Dcesyourpositionhaveresponsibilityforthesafetyorhealthofothers(otherthanyoursubordinates), or for the enforcement of laws and standards of public safety or health? Yes ~_ No If yes, describe your responsibilities. If you were careless in your work, could others be hurt? How seriously? 14. CONTACTS: Indicate persons or organizations inside and outside your section with which you deal directly in the course of .your normal duties. Also describe the purpose and frequency (daily, weekly, monthly) of such contacts. Do not include your supervisor. Title of Contact ~ A~encv ~g Frequencv Commission Members HRC To give of information Varies General Public ~ ~ Information Daily Charging Party Request for assistance Daily Attorneys Regarding cases Varies Employers Regarding cases Varies Director All agency functions Varies The above responses are myat n ancf ar a e to the best of my knowledge. Employee's signature ~" Date _~Z ` S l /S ~N 9'!'111' ri TO THE SUPERVISOR: Review the answers of the employee jor completeness and accuracy. Use this space to elaborate on or clarify any answers that you think need ~ Do NOT change any answers. If you disagree with an answer the employee has given, give your opinion and identify clrarly the points of disagreement I have reviewed and determined that this job description accurately reflects the position. I have reviewed and determined that this job description accurately reflects the position with the following clarification or modification. Go io the Task List on page 3. In the small left-hand column identified as "EF" (for "essential function"), put an "E" in the space beside each duty/task that you consider to be an essential function of th p ition. By "essential,"wemeana taskrequiredtoachievetheprimary-objectiveanddesiredresultsofthep~i[~~Please refer to the Guide to Determining Essential Functions of a Job in making these determinations. Supervisor's signature. ~ .Date /..~~~/96 / _ ~ • Position Descripticn continued.. •. `(attached page) ~ ~ . P~P.~-1 _ ... . Itcm 2 - (Continued Part 2 consists of answering phones, directing calls to appropriate staff and/or other agencies, and typing documents for the staff including investigators, community relations specialist and director. I also serve as backup to administrative secretary and maybe ' ' ~ required, in her absence, to transcribe commission meeting minutes or prepare~coordinate staff, time sheets, and other adrrunistra:ive duties as assigned by the director. • Item 6 - (Continued Extended concentration includes administ ealdlines '' to be forwarded for requested by investigators and director, sometimes under tight d , . , review by county attorney and/or federal law enforcement agencies (i.e., Equ Ede p~yment Opportunity Commission (EEOC), Housing and Urban Development 1(HUDechnical • Department of Justice (DOJ) and ensuring accuracy in preparation of g , correspondence. Item 7 ~~ What ether special knowledge, skills, or abilities are necessary to perform'this job (Continued) and related organizations. Knowledge of clerical procedures and practices business English; spelling, and related to this agency. Familiarity with agency terminology, . appropriate grammatical principles. Intermediate=level awareness of computer-based . information. systems and applications. Proficiency in modern office equipment operation directly related to area of assignment including multi-line phone systems, electronic . typewriters, facsimile, copiers, computer systems, and other support hardware. n , r Pam Item 9 - Give examples of the types of significant errors a person in your position might make and describe how difficult it would be for.. others to catch your errors. What would be the consequence of such errors? ~ ~ • (Continued (4) failure to maintain accurate request for information r ~~ be thersecond would probably be the most difficult to spot initially, items 2 and 3 wo most difficult: Item 1 would possibly be the least difficult to identify as an error. The consequences of errors in item 4 is that incorrect records would result in an inability for the director to conduct trend analysis needed to strategically plan corrective actions to -maintain agency inventory that is directly related to.comply with the Agency worksharing Bement with federal agencies. Item 3 would impact upon agency credibility with those p~8T 24Osarrie ~agence"s and could affect• our federal certification. Items l and 2 directly affect agency credibility with the public. and would influence our ability to be seen as a viable mechanism to address citizens regarding fair employment and housing issues. - Describe problems that arise during the course of your work and the manner in which you respond. to theme (Continued This translates into over three to thirty weeks on an annual basis dedicated to requests for assistance alone. The ability to balance the demands of quality customer service to the public with my support responsibilities to the Commission and Agency staff requires a mature, experienced approach that ensures all concerns are addressed in a timely manner. There is no one correct answer to the question posed, but rather an ability to manage multiple priorities and respond to each with a rational approach that assures the best response to each situation. (~ :. ~, ~' ~ ~ _ 249 JUSTIFICATION , - • ~. ~.. This justification in conjunction with the position description (attached) explains •the need for a Clerical Specialist for the Human Relations Commission. It further details why the Administrative. Secretary and the Clerical Specialist both have duties that are uniquely specific toaheir responsibilities and both are necessary. for this office to function efficiently. 1:•` ;HOW. DOES THE•OFFICE. FUNCTION?~_ ~,~• • . "The Agency is setup to function lkenanengine. • In order•for an engine to function, you must .:.have intake and exhaust. ~. As .a revenue generating entity contrasted to HUD/EEOC, the Agency is also set up like an engine. We also have intake and exhaust, in our .case, our "exhaust" is our product or our output. In order for the Agency to function efficiently, we must receive cases at an appropriate rate and investigate and process cases in a timely manner. To receive cases in an appropriate manner, we must generate awareness of our services through community relations activities (i.e., .public forums; contact with local community leaders, print, audio, and video media activities). These activities will generate office contacts, either by phone or walk-ins, by citizens whose issues may or may not fall within the jurisdiction of the agency. These contacts are called Requests for Assistance and will be referred to as RFAs from this point forward. 2. RFA RFAs can require an average of approximately from 5 to 45 minutes to resolve. However, the number of RFAs we have received this year has increased significantly from the same time last year. RFAs - LYTD (Oct 93-Aug 94): 12G1 RFAs - YTD (Oct 94-Aug 95): 1556 That translates into approximately 260 - 1167 hrs or 6.5 weeks - 29.2 weeks being spent on RFAs ~ alone. There is absolutely no way that the administrative secretary can take on that responsibility and maintain her current duty requirements. The reality of life is that an overview of job assignments within this Agency indicates that those taskings have been incorrectly assigned for months, possibly years. RFA responsibilities were assigned to the Community Relations Specialist who, in turn, was tied to her desk by those responsibilities and could not execute. her Community Relations duties in an appropriate manner. Due to lack of direct supervision, the Administrative Secretary•was not utilized appropriately and the Clerical Specialist was little more that a glorified office greeter. 25O Page 1 of4 i 3. DIFFERENCE IN DUTIES The comparison sheet and position description provided with this package indicates the present duties, though not all-inclusive, that the Administrative Secretary and the Clerical Specialist are now executing. There aze very obvious and distinct differences between their responsibilities. The Clerical Specialist, in addition to her defined duties, has been assigned primary responsibility for screening Requests for Assistance. This includes accurately ascertaining basic agency jurisdictional issues for citizens as those issues relate to fair housing and employment as governed by the county ordinance and federal laws. Given the RFA numbers provided earlier, it is clear that this Agency has experienced a significant increase in RFAs that is directly related to the citizens' usage of our services. It is of primary importance that the appropriate determination be made to ensure that -the citizens are served effectively by this Agency. The ability to respond to citizens' inquiries regarding the ordinance and federal •iaws within our area of responsibility directly affect's the public's perception of the Agency and, in turn the county. It requires a trained professional able to assist in the individual in problem resolution, whether the problem lies within this Agency's purview or not. If not, the Clerical Specialist then ensures the problem referred to an appropriate agency or resource for resolution. This, in turn,. allows the Community Relations specialist to get out into the community where she is supposed to be and accomplish the job of generating awareness of the Agency's services. As you can see from the comparison sheet, the Administrative Secretary, per direction from the Director, serves as lead worker on clerical issues. Per her position description, .she assigns priorities and determines administrative workflow to the Clerical Specialist. There is no duplication of effort in their duties. Additionally, during The Administrative, Secretary's recent illness, the Clerical Specialist's efforts to fill the void were immeasurable and invaluable. I can truthfully say that were it not for the Clerical Specialist being able to "pinch-hit" in The. Administrative Secretary's absence, the Agency would have been seriously impaired from an administrative standpoint. But even with her assistance, the duties of both the Clerical Specialist and Administrative Secretary are just too numerous and~somewhat overwhelming for just one person. 4. CONTINUITY Secondly, the issue of continuity is very important and is underscored by the ineffective use of temporary workers from agencies. These individuals have been used in the past for very short periods of time. Unfortunately, an Agency cannot completely familiarize individuals with everything they need to know about specific office procedures within a short time frame. For example, our library. is not as extensive as the County Attorney's, but it is as complex because of the necessity for continuous updating of the binders due to nationwide case rulings and federaU state informational updates. Due to the inexperience of short-term temp workers with our Agency, our law and statute binders have been hopelessly mismanaged because of a lack of understanding basic posting and filing procedures specific to those binders. Further, there are office procedures which are complex and constantly changing that can only be grasped by an individual with a continuous relationship with this office. Page 2~~ 5. CONFIDENTIALITY The issue of confidentiality is of vital importance. Temps~cannot perform much of our work due to the confidential nature of the: documentation vs:-a County Employee that can beheld accountable for breeches of such confidentiality: .. .. .. . ' 6. TECHNOLOGY • , - ,. Even with the additon-of our advanced technology, our investigators are simply not adminis=trative or clerical specialists. While they are talented investigators,-'the administrative support staff ensures proper formatting of correspondence and quality control checks of casefiles before forwarding to HW/EEOC,~ just to name two of the many services provided by the support staff. Addit'ionall'y, .each casefile must be completely reproduced before the original can be forwarded to HUD/EEOC. -Most casefiles take a minimum of.10-20 minutes to take apart,'copy ail documents, and~replace in the'same order it was removed. When you multiply that.nwmber times the number of cases closed in the space of a year, you start. to 'come up with significant numbers that cannot simply be reassigned to the Administrative Secretary without an impact upon that person's efficiency. 7... JUSTIFICATION TO EEOC REG'~RDIl~'G NE~V CONTRACT One•of the reasons stated in our justification for why the Agency should receive a~ new EEOC~ contract was that a projected increase im ofl"ice activity (i.e., cases°processed for EEOC) based upon current office manning and increased community relations efforts. The°pcevailing wisdom suggests that this increased activity twill result.in greater numbers of~requests for assistance. We also based that request on the.fact that over the ast three monthsthe Agency has closed 67°percent .more cases ,.. than. it did during-the preceding nine months. It has already been noted'that our RFAs have; increased as well from 1994 to 1995. This responsibility cannot be returned 'to the Community Relations Specialist without seriously compromising her position responsibilities and projected office, efficiency. 8. REVISITING/RESTRUCTURING POSITIONS~ ~ ~ •~ All positions within the: Agency are being revisited to determine •the most efficient use of our resources. While it.has alreadybeen noted that job-restructuring has occurred with the Community Relations,Speciali~st, Administrative Secretary, and Clerical Specialist, the duties of the investigators . are also being reviewed. As a result.of this review, Investigators are now focused upon cases instead of dividing time, between investigations and community relation's. • When I arrived, only one. investigator was assigned. to both fair housing and employment issues. Effective October, all, , investigators will. start investigating all issues under the ordinance including faire housing ,and employment issues. This allows all investigators to become'c~oss-functional under the ordinance. 252 ~ ~ ~ Page 3 of 4 L~ 1 9. BENEFITS OF INCREASED PROCESSING One of the benefits is that increased processing of cases would result in additional funding to the genera! fund. This return would certainly be worth the minimum investment entailed in funding the ' continued service of an individual who has contributed to that return. Additionally; The Clerical Specialist has been the recipient of many accolades for her positive attitude and her strong customer- service skills with commissioners, citizens, and clients. A loss of those attributes would truly be a loss . not only for the Agency, but for the County as well. 10. COMMENTS When I was hired in July, one of the objectives was to manage this Agency in the most effective, efficient way possible. I feel that The Clerical Specialist's invaluable contributions to this Agency are directly related to those objectives and has resulted in an enhanced reputation with our clients. Additionally, her educational background (which includes a BA in Sociology/Social Welfare), extensive secretarial background, and her volunteer community service simply represent an element of our effectiveness that should not be eliminated. I respectively request that management strongly consider approving the position of the Clerical Specialist as a full-time Regular position. e a PRIMARI' RESPONSIBILITIES (not all-inclusive) LYNDA NICHOLS YOUNG MARIA POTTS-ALLEN Adinrnrstratave-Secretaw Clerical Specialist *Briefs. Director on administrative issues. . ~ *Enters data into the EEOC Charge *Arranges staff travel IAW County guideline s. Data System''(CDS}' *•Performs .system maintenance on CDS ~ ~ *Serves as backup to record/transci-ibe *Prepares letters/charts/reports/memos/ HRC monthly`meetiiig minutes forms *Prepares HRC files for distribution to *Takes/transcribes minutes/dictation EEOC/Charging Party/Respondents *Maintains accurate/current records to include typing negotiated settlement (m~nuaUcomputer based) _ offer, investigator--letters, f le..fonn XAssistsdirector with budget preparation; letters, charge transmittal foams, notice maintains budget ledger,. verifies ~ : :. ,. of Charge. forms ~and• Agency notice '~f ' invoices, prepares .orders/payment forms ~ ,` ~ ~. ~ . vouchers, monitors tmesheets : ~ *Ensures admin'casefile accuracy' *Point~of contact.-for supplies, printshop; etc - inclu"ding~prepanng/reviewing eleven *Ser~•es as lead worker to~clerical ~ ~ letters/forms/vouchers for files, assistant certif ed charging party/respondent *Prepares monthly statistical reports documents for EEOC and regular mail for HRC Commissioners *Processes all incoming/outgoing mail *Transcribes HRC monthly meeting *Serves as administrative quality minutes control for casefile correspondence *Responds to EEOC regarding *Transports certified and regular mail contracts, peciding inventory reports, to post office, arranges for UPS pickup resolution and charge receipt reports *Responsible for screening all tele- (Inventory reports can take from 30 phonic and walk-in Requests for minutes to 4 hours to be retrieved from Assistance (RFA) EEOC's Charge Data System) *Provides monthly RFA totals for data- *Office Management responsibilities base entry include contacting property manage- *Produces support materials for HRC ment, MIS, etc. meeting and Agency staff *Acts as primary backup to Clerical *Prepares copies of case files in their Specialist's RFA responsibilities; entirety before forwarding originals to ensures continuity EEOC; processes correspondence *Assigns priorities to the Clerical Specialist *Serves as primary backup to Adminis= as deemed appropriate by the Director trative Secretary; ensures continuity *Serves as primary point of contact on all *Greets all visitors to Agency and outgoing correspondence by staff and provides information to public Commission, monitors suspense and *Schedules intake appointments for i control' ~~ investigators, refers persons with non- * nates document destruction schedule 'urisdictional is ~ sues to other agencies m n A e n 0 Q B I 9 0 HUMAN RELATIONS DEPARMENT Agency: 580 Orgn: 5810 December 7, 1995 Activity: 2000 Estimation of Salary needs for increasing 50% temporary clerical position to 100% Regular position, Clerical Specialist Hiring Range: $19,136 -- $23,566 Cost Estimate: (all figures provided are fora six month period (Jail -Jiro 1996) Salary: {1/2 top of salary range) $11,783 FICA: {7.65%) $ 902 Retirement (5%) $ 590 Insurance (Med -- Family) $ 2,200 ($361/mo rounded) TOTAL 1 475. Office space, technology support (i.e., computers, typewriters, etc.) are already in place, so no cost estimates are needed to address those concerns. ~: 255 :~ This page iittentiona!!y left blank 256 a w m v e a REQUEST FOR BOARD ACTION Meeting Date: 12118/95. regular Item #: Consent Item #: 13 Additional Item #: department: Legal Department Presenter: Kemp P. Burpeau 'age Count In Agenda Package: 5 Contact: Kemp P. Burpeau SUBJECT: Approval of Contract 96-0190 between Sheriffs Department and ABC Board regarding ABC law enforcement BRIEF SUMMARY: Annual renewal of the arrangement between the Sheriff and ABC Board whereby the Sheriff assumes responsibility for ABC law enforcement in the County, pursuant to North Carolina General Statutes Chapter 160A, Article 20. RECOMMENDED MOTION AND REQUESTED ACTIONS• Approve Contract. rurvutNV SOURCE: Federal $: State $: County $: User Fees $: Other $: Money Is 1n Current Budget: _ New Appropriation Request: . Budget Amendment Prepared: REVIEWED BY: _GL: APP WCOPLEY FIN: N/A BSHELL BUD: N/A CGRIFFI~ HR: N/A AMALLETT COUNTY MANAGER'S COMMENTS AN E MMENDATIONS• Recommend approval of contract. ''ff, } ` W v u e :. W u~ M. ~ ~. ,. r F,. ~. 1~~_~~~_.lz.//f~ .ys 4~.~ _~ Rcfcr to Office Vision Bullctin Board for Disposition 257 _,. _ ~ _. _ ,, . # New Hanover County Contract # 96 - 0190 NORTH CAROLINA .. ~ _ - ~ ~ - ~ AGREEMENT NEW HANOVER COUNTY ~- . THIS CONTRACT, made and entered into this day of - .;.. 1995, by and between NEW HANOVER COUNTY, a political- - . w~_ subdivision of the.State of North Carolina, hereinafter referred to as "County"; NEW. HANOVER COUNTY ALCOHOLIC BEVERAGE CONTROL BOARD, a political ., ,,. subdivision of the State of North Carolina, hereinafter referred to as Board ,and the SHERIFF OF NEW HANOVER COUNTY, hereinafter referred to as "Sheriff'. WITNESSETH: WHEREAS, the Board and the Sheriff have agreed that the New Hanover . County Sheriffs Department shall assume thei responsibility for ABC law enforcement . ~ ~ IJ in New Hanover County, including the prosecution of violations of Chapter 18B and Article 5 of Chapter 90 of the North Carolina General Statutes and other liquor laws of whatever name called, and WHEREAS, the parties herein have agreed that such law enforcement undertaking shall be subject to certain terms and conditions, ~ ~ ;; ~ ~ j SNOW, THEREFORE,. pursuant to Chapter 160A, Article 20 of the North ICJ Carolina General Statutes, the parties herein agree as follows: ~ -• :. _ ,... • 1. The Sheriff will provide law enforcement on,behalf of the Board,.which ~j will consist of: .. , . ._ . w ... _. _ ;-. `~ ~- a. Investigating all liquor~law violations and any other violation set ... forth in Chapter 186 an_ d Article 5 of Chapter 90, of-the .General Statiutes of fhe 'State of ~ -- North Carolina. • . ® + 25 Q b. Providing security for the stores operated by the Board equal to v . . ~ .. a New Hanover County Contract # 96 - 0190 or greater than presently required by the Board of its administrator. c. Conducting such investigations as requested by the Board or its administrators regarding thefts andlor pilferage from stores and the embezzlement of funds by employees. d. Conducting breaking and entering investigations of any of the Board's stores in New Hanover County. e. In the event of an emergency, the Sheriffs Department will provide.sufficient manpower for the protection of the ABC stores in New Hanover County. 2. Cost for services have been agreed upon by the Board and the Sheriff. The Board agrees to pay New Hanover County seven percent (7°I°) of the Board's profits. The ABC Board is required under law to spend at least five percent (5%) of the profits for law enforcement. The cost services will be paid to the County by the Board on a quarterly basis. (~ 3. The contract does not after the independent existence or the X11 relationship of the parties hereto. The parties remain independent contractors, are not partners, nor is either party the agent of the other. No party has authority to enter into contracts on behalf of any other or to assume any liability whatsoever for any other. 4. The terms of this Contract shall commence on January 1, 1996 and extend through December 31, 1996 and thereafter such terms shall continue from year r ~ to year until such time as either party terminates this Contract by giving thirty (30) days written notice of such termination to the other parties. ~~ 5. This contract shall be ratified by resolution of the governing body of New Hanover County and New Hanover County Alcoholic Beverage Control Board. ~ 259 0 New Hanover County Contract # 96 - 0190 IN WITNESS. WHEREOF,: the parties have executed ahis contract the day and year first above written: {: ' NEW HANOVER COUNTY [SEAL] Robert G. Greer, Chairman . Board of Commissioners ATTEST: ... , . ~ ~ . .. Clerk to the Board Approved as to form: County Attorney NEW HANOVER COUNTY ALCOHOLIC BEVERAGE CONTROL=60ARD ~ - [SEAL] ' Administrator SHERIFF, NEW HANOVER COUNTY . [SEAL] Joseph McQueen, Jr:' ~ ' 260 • New Hanov r e County Contract # 96 - 0190 NORTH CAROLINA NEW HANOVER COUNTY 1. , a Notary Public of the State and. County aforesaid, certify that Lucie F. Harrell personally came before me this day and acknowledged that she is Clerk to the Board of Commissioners of New Hanover County, and that by authority duly given and as the act of the Board, the foregoing instrument was signed in its name by its Chairman, sealed with its official seal and attested by herself as its Clerk. WITNESS my hand and official seal this day of 1995. ' Notary Public My commission expires: NORTH CAROLINA COUNTY I, , a Notary Public of the State and County aforesaid, certify that ,Administrator, personally came before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and official seal this 1995. My commission expires: NORTH CAROLINA day of , Notary Public COUNTY I, , a Notary Public of the State and County aforesaid, certify that JOSEPH MCQUEEN, JR., personally came before me this day and acknowledged the due execution of the foregoing instrument. ' WITNESS my hand. and official seal this day of , 1995. ' Notary Public My commission expires: 261 0 e 0 REQUEST FOR BOARD ACTION Meeting Date: 12/18/95 regular Item #: Consent Item #: 14 Additional Item #: department: Sheriffs Department Presenter: 'age Count In Agenda Package: 6 Contact: Sheriff J. McQueen SUBJECT: Acceptance of DWl mini-grant awarded to Sheriffs Department from Governor's Highway Safety .Program and approval of associated budget amendment (96-0088) BRIEF SUMMARY: The Sheriffs Department has been awarded a DWI mini-grant in the amount of $2,820 from the Governor's Highway Safety Program.. The grant is for a three week period and will pay for overtime incurred to conduct sobriety checkpoints. RECOMMENDED MOTION AND REQUESTED ACTIONS• Recommend acceptance of the grant and request approval of associated budget amendment #96-0088. ruNUING SOURCE: Federal $: 2,820 State $: County $: Money Is In Current Budget: No ,Budget Amendment Prepared: Yes User Fees $: Other $: New Appropriation Request: Yes REVIEWED BY: _GL: APP WCOPLEY FIN: BUD: APP CGRIFFIf~ HR: N/A AMALLETT COUNTY MANAGER'S COMMENTS AND RECOMMENDA S: _ Recommend acceptance of the grant and approval of B d Amendment 96-0088. • ~ ~ i ~~,.~R.~,~~~~ ~ ,,. ~ 263 ~~ .~.~ Refer to Ot<ce Vision Bulletin Doard for Disposition ~-- ~ud~get Ar~rtenc~xr%•ezzt(~ 4 .. ., DEPARTMENT- Sheri f,f ' s .Department.: ~.DJUSTMENT: DEBIT.: .. , . _,CREDIT:~ - .. + 3heri:ff's Department` ~ ~ ` DWI Overtime Grant $2, 820 ~ - '~ ~ "`'~ ~ ' ~ ` `~ Sheriff's Department: Salaries .FICA Retirement-401K r ,ri EXPLANATION To increase budget for DWI mini-grant awarded to Sheriff's 'Department ' ;~ to conduct sobriety checkpoints. 264 ~..~.~ s gr ~~~ .. _ &!~'~h' lM .,. ~ "~~+~•~_~~ ~ For Budget O((iccr's a proval• then report P )6Commissioncrs at next regular meeting "' /`and enter in minutes. ~~// To be approved by Commissioners. T.. l.,. .... ~......7 i.. ~.. ..,..... ~..< 0 CONTRACT FOR EXTRA DUTY ENFORCEMENT FUNDS AGENCY New Hanover County. Sheriff's Department ADDRESS 20 N. 4th Street, iVilminQton, N.C. 28401 CONTACT PERSON Sgt. .Duane T. Ward PHONE 341-4227 AmotSn~~of Funding AVailalili~~ 2 820,,, ~,w,~ f,~~~;fa~~„~.~~;~,~~.~~ ~~~,~:r,~t;~~~ Number of Overtime Hours Anticipated 14 1 h r s. $ 2 0. 0 0 (average agency OT gate • include sa/ary F/CA etc J . Description of how funds will be used To conduct checkpoints for the enforcement of seatbelt, child restraint aws, an motorcyc e e met aw. o.provi e a itiona un ing or extra en orcement ours. Information to assist the Governor's. Highway Safety Program in selecting agencies for approval:- 1. Total # of law enforcement officers 17 7 2. Total # assigned to Patrol 59 - 3. # of officers trained in OPUE 2 Traffic crash data for 1994 Total # of fatal traffic crashes 6 Fatalities 6 Total # of serious injury crashes 13 7 2 4. .Does your agency have a mandatory safety belt policy for officers? Yes ~(_ No (/fnot, one must be estab/fished before receiving funding) Ann Ringland Governor's Highway Safety Program 215 East Lane Street . .Raleigh, NC 27601 (919) 733-3083 5. Agencies participating in FY96 GHSI Contract: Number of officers available for OT enforcement 9 Number of safety belt citations issued in 1994 2 75 ap~rox . Number of traffic citations issued in 1994 3 S 0 0 a ~Rr o x . Complete and sign the application. Applications must be received by November 6 1995. You will be contacted by November 13, 1995 and advised of the status of your application. Telephone inquires regarding this process should be directed to Ann Ringland. ~ ~ - ~~ -:~-ys Applicant' ature Date Applicant's phone number 3 41- 4 2 0 0 265 0 INTERGOVERNMENTAL AGREEMENT ° • ..Agreement Numbei-.:PT-96-05-21-28 . - .~ ;, This Agreement is made and entered into by and between the. State of North Carolina ~ , acting by and through the North 'Carolina Department~of Transportation; Governor's Highway Safety Program, hereafter called Department, and New Hanover Co. Sheriff s • Dept. hereafter called the agency. . _ , ~- L RECITALS... ... ... .. _. A. PURPOSE ~ ~~ - The principal purpose of this agreement is to supplement the enforcernent~of traffic laws throughout North Carolina, specifically laws for safety belts and .motorcycle helmets by providing ertca d:.~ty funds..` r .. t. B. 'BENEFITS`'- _: ~ . - .: .. •. _ _ _.. -_ Traffic officers will be trained in safety belt enforcement. Public attention about ' traffic safety will be gained. Data about safety belt use will be gathered. - Hundreds of traffic enforcement hours wil! be added and, the expected result will be increased belt usage. .. .: C. EFFECTIVE DATE AND DURATION •` TfiY~''dgpeemenf shall~tiecome effec~iire o`r~ NolrertiEier 27:to DecembeFr~7•~1995 ~~Y~3 /~JofirfcaGon;ofoverfiiit~dares i~iflbe j~roi~icfe`dbj!~GNSPJ~` ~''f~"'•'~~ ~,.+':~y~` -•,.r,, ~' ~...e rl~ ~f,~:ro~i~i:;, ` ,tom' ,+r.....~~' II. PROJECT MANAGEMENT PLAN ~~ - A. DEPARTMENT OBLIGATIONS. .. _ ~ .. Department agrees to pay agency not to exceed the'sum of 2 820 ~ • - . upon completion of work as described underll: B: AGENCY OBLIGATIONS. Department shall pay billings received by Agency•wthin 30 days if received by Department. Billings must be received within 30 days of the project ending. B. AGENCY OBLIGATIONS • The following assignments will be performed during effective contract dates: 1. To provide overtime traffic enforcement, with and emphasis on safety belt and. child safety seat violations. 2. Enforcement of .the state's mandatbry`safety 6elt'law is limited to written ~ ~ ~ • ~ ~ - citations for violators.. Written and! or verbal warnings are not allowed to be issued by the Agency while receiving reimbursement for services under this . agreement. _ - = 266 . . •a 0 Page 2 PT-96-05-21-28 3. Officers will be permitted and encouraged to issue multiple citations to drivers who.have committed several violations. Examp/e: "Exceeding maximum speed" and "failure to wear safety belt': 4. Agency will select target enforcement areas by conducting pre-enforcement safety belt user surveys in high crash locations. Post-enforcement surveys will be conducted at the end of the enforcement period in each selected location. - 5. Agency will advise media of safety belt compliance in all investigated traffic ~. crashes. " 6. Agency will inform the news media of this special program and keep them apprised of enforcement results. - 7. Agency will report at the beginning and the end of each enforcement phase to the Department listing traffic enforcement activity during the overtime patrols and listing traffic enforcement activity on regular non-extra duty patrol. (See AttachmentA forinformafion required.) _ - 8. Reimbursement Agreement -Agency shalF submit billings to the Department not later than 30 days after the final enforcement phase. These billings must reflect actual costs and work accomplished during the billing period. The billing shall be submitted on the, appropriate'Department reporting form (Attachment Bf, " indicate agreement number, billing period, extra. duty hours/ rate of pay and signed by contracting official. Activity reports must be submitted before - reimbursements can be processed. 9. Allowable charges under this agreement to contract funds include: Overtime pay for traffic patrol at agency overtime rate, including benefits. ~` - The.Department, the,Secretary of State's Office of the State of North Carolina, the 1~i11Vlllffff Federal Government, and the duly authorized representatives shall have access to the books, documents, papers, and records of the Agency which are directly pertinent to this specific agreement for the purpose of making audit, examination, excerpts, and transcripts for a period of three (3) years after final payment. Copies of applicable records shall be made available upon request. Payment for cost of copies is reimbursable by Department. " C. KEY OFfICIALS - - --- Agency New Hanover County Sheriff's Department Contact Name Sgt. Duane T. Ward Address 20 N. 4th Street - Wilmington, N: C. 28401 .Telephone Number 9.10 - 3 41- 4 2 0 0 ~ " .Governor's Highway Safety Program 215 East Lane Street Raleigh, NC 27601 (919) 733-3083 ~ („` Contact: Ann Ringland V Page 3 ~PT-96-05-21-28 III. GENERAL PROVISIONS ~ ° ,FEDERAL REGULATIONS ~ ~ w ~ " ' I# is understood and agreed thafthe activity covered~in this Agreement is''° undertaken under the authority of Section 402, Title 23, United States Code, and is subject to the administrative' regulations established by Federal guidelines including Circular A-87 and are hereby incorporated by refiner with the`same fore and. effect as if they were.given in. full text. ,Applicants shall adhere. to the staridards established by Office of Management and Budget (OMB) 49 CFR Part 18 and additions or amendments thereto, for Grants aid Agreements with State"ahd Local Governments. . a,. . The Fiscal Year 1996 Highway Safety Plan was'approved by the' USDe~partment of Transportation on; October 1, 1995. At that time the Director,was authorized to signall.contracts included,in;th. is plan. f, 1N.WITNESS WHEREOF, the parties hereto have set thei~~hands arid affixed their seals as.of the say and year,hereinafte~ written. '. ~. ~ ' ~ ~ ~ "~ n ,~~.: V. SIGNATURES~'~ . .. AGENCY •. , ,_ ~.,,. ,. . ,, ''State of North Carolina, by and - ~ through its Department of ' New.Hanover Co: Sheriff's Dept. - Transportation, Governor's. (Agency) ~ f ~ ~ Highway Safety Program a • ~1. i - . 1' . ~` ~-~ ~ .. , By . . . •~ '~ /oe M. Parker, Director ,. Sheriff Joseph I`1cQueen Jr. Date (Type or print name and title) Date ly 3-~ ,yS. :. .. '- .. .~ . ALL FORMS MUST BE SUBMITTED WITH ORIGINAL SIGNATURES TO ASSURE CONTRACT APPROVAL AND PAYMENT. CONSENT AGENDA . ~'~ ITEM 15A DECEMBER 18 1995 , Budgef .A-.x~endxne~lt ...ww Yw•\A\ .. \ ': `Y'NW.~W`Nl!P `..i,M.,.J>,>,.`w!!Fw.... ~N:,Y.'!.~:!yMywM!!~ ..:.. :.~:a.\,\,? {a:.:\.: \:. ....~.:~v'i•.a: Y+V•\<.......: ...0 ....~....v `w.'!?M>yAYM!C!~~h:.>!.!!Mvy`"Y.C..^..+"^^.`.!Mr'..N!'!Y^..!?~..w.w~>.!~uw..wy>rv~:f>;^)w.~....v: }..ww«Yw~.yw.~..w.w .{+ a .............. .. + + ........ ....... ,... ........ ..... .. ....:•>.. ~'f : +ra. .: R••. .~ ...,.. .. ... .w... .. ..... ....+ ... ......,. ..,. ...,. .. ..... ..... .+.. .+ ... ...+.w:..::.:. .. +.,.. ~~ v ::•v . :;y: ~:~;..::.a: ..:t.. ..\.. ..c..+ ..a. '. :.:i:ii.«.. .w.CwL~i.iiG. \..<. .•,.+'n~: ^.:v `>.9>... .. `\v+`.:•x;::.v:1`. i>:.a::+ ::~\`: i:.v: t<•: ~\V~.r .... w.ww . n...w\....w.....w..w++.N... +wwAiv, .....w..v....wvwww...::A::.v~:Yt~:wwa ......... .. .. wZ:aii~i0:\.n: ..... ..wi.+:~.iZ:...+w.+.wwi<K... ..+. .... w. .. .. . ENT T NDMENT# DATE: M : DEPAR . BUDGET AME Controlled Substance Tax 96-28 12-18-95 ADJUSTMENT: DEBLT: CREDIT: .~ ['ontrolled Substance Tax ,~ Controlled Substance Tax $801 . Controlled Substance Tax Supplies $801 ' EXPLANATION ~~ . To increase budget for additional revenue received. Controlled Substance Tax funds are budgeted as received•and must be used for law enforcement activities as the Sheriff deems necessary, ~L: ,. ~ :. .. . ~, ~-- v .269 J For Budget Officer's approval; then report to Commtssioncrs at next rc~ular meeting / and enterln minutes. / To be approved by Commissloncrs. Tn {.n n.. ~......1 i ... ..........~..< . ~ ~ CONSENT AGENDA ~ ITEM 15B B,lxdgef .~.111eI1C~Z1teI1t DECEMBER 18, 1995 ~~\:\\~~: \... w;r~MT`~~MI~, M~({!V\!CM~r ~~ w.~.. ~...Y.w ...~•p.. wH;ix wtw~K.~.~rw.. • i.~ ~ • • :... ~vT. ... .v :.:. ;;.... . < \~ T.. gyn. • ~ .y.. .: f<t:~i!~~',: ~.. • ..~.~ nC.A DEPARTMENT: BUDGET AMENDMENT#, DATE: Federal Forfeited Property 96-29 12-18-95 •_ . .. ADJUSTMENT• ~- DEBIT• P S;REDIT: Federal Forfeited Property Federal Forfeited Property $3,885 Federal Forfeited Property Supplies $3,885 ,~ LJ ' EXPLANATION ._ • _ ,.. _ __ To increase budget for additional revenue received._.~Federal Forfeited. Property funds are budgeted as.-received and must be used for law :=: -enforcement activities as the~Sherif~f deems neces ry. • .r • ~ ~ ~• .. _ _ ~.. _ ~ ' ~ a v ~ 1 270 ~ ~= ,~' ~ _ - > :~ - For Budget Officer's approval; then report to Commisstoncrs at next regular meeting and enter In minutes. ...~ . ~ `~ To be approved by Commissioners. • _____ To be entered into minutes. CONSENT AGENDA ITEM 15C ~ Budget Amendment DECEMBER 18, 1995 /"r/ri' ~/ ~~~ , i/ iii i~~' %~~".;,,•,,•'•ri.i :,~, ,,.;;•,,;<„?~ ~i ~r .r~r... •, .,, r" , ,,• . //~/i~ // ~/ //// / i /%% /%i // //~ % / / ~ j//~j j/ ~j/~/~/~j/ / j/ , r ,i ..ir/. . ,.i .fin, i ~:~/,• ;~.: : //,%//.., . /////.f//. ~ i i / / r //, ~/ j ~ e e e 0 n 0 a A A 0 p a e DEPARTMrNT DUDGET AMENDME~# Health Department/ 96-0089 Maternal Health Health Department-/ Maternal Health State Grant $800 Contracted Services I28~TE 12/18/95 $soo To budget additional State grant funds for the services of a deaf interpreter for a prenatal video being filmed locally. n. ~~, ,,~ ~..~e 8.~r. 4 • a._.., ~1~~.J- -._,,.:_~:1.~ or Budget Ofticcr~~v~l; then report • to Commissioncrs at next regular meeting anJ cn{cr in minutcs. 1'o be approved by Commissioncrs. To be entered into minutcs. Budget Anlendznent DEPARTMENT ~ RrmrFT AMENDMENT Non-Departmental/ ~ 96-0090 Property Management Non-D~artment`al_ Contingencies $22,000 pr~x~erty Management Other Improvements CONSENT AGENDA ITEM 15D DECEMBER 18, 1995 DATE. 12/18/95 CREDIT 22,000 To transfer funds ~-from' Contingencies to Property Management's 'budget- for replacing the roof on the airport building _ that houses the Sheriff's Department/Patrol Division. The maintenance on this building is the .County's responsibility. with approval of, ,.this budget amendment, the remaining balance in Contingencies will be $155,670. ¢E~,~~ ~ ~ ~° ~~` ry 'at `_.. 272. ~:.~. ~ _ . t`('~ _ ~ -- ror Budgct OCficct's approval; thcn rcpori~ `^ ~ ' ~ ~~ ~.'~ - ~ to Commissioncrs at next regular meeting .. ~~-zj and cntcrin minutes. p- ` ' ~ _ To be approved by Commissioncrs. 1L ' To be entered into minutes. CONSENT AGENDA ~~ ITEM 15E BL1C~be~ ~mendme~ECEMBER 18, 1995 ~~~%~~~/ /%'S%%ri/,~~/~•/i%/~%/:;i%!~i;,'~%/,i/.~,~,.,,;~/'.,iii/y.~r;.:ir///~%'//•/'%/ 'r/%U///r / r/' r// ///% / '/ ~' :~,:.si.~,~:,•,.,,//„~i./~,,, ~/%,iii;:///~i..'!•''~!~il:/;//i/~,~/i~G/~//%~/jj~j ~~~jj~j~//% Health Department/ Epidemiology AD~73LS TMENT Health Deba m~n~/ Et~idemiolocty IAP State Grant ~.uIZGET AMENDMENT # 96-0091 ~T :::;$21, 917 Departmental Supplies Capital Outlay - Equipment I28TE 12/18/95 $13,350 $ 8,567 FXPL,8rj,8,TION To budget an additional State Immunization Action Plan (IAP) grant for supplies and equipment. l ~--~ .. ,~ ~ ~, y I~I-° f, i For Bud~~c~ approval; flan rcp~ / to Commissioncrs at next rcgular mceti: S / end cntcrin minutcs. yyy To be approvcd by Commissioncrs. To be cnlcrcd into minutcs. ~ I i ~ ~ CONSENT"AGENDA { -!' ITEM 15F •- a Budget Amendment DECEMBER 18, 1995 ..•r, iL//r/irii:: ..,r :/~...~~/r/:•//%/(%(i/.,:c ii~U,'/..i i.,,,/..,.. ra•,+rorTri" „/.~^v, ..,...r...., ..v 7r /i. , ~ r•.r ./ r ~~ . .,,..,, AEPARTMENT - ~ BUDGET AMENDMENT # - RATE I Health Department/ 96-0092 ~ 12/18/95 { Family Planning ADJUSTMENT ~ ~ DEBIT l Health DeparrmPnr/ 1 Fami ~ 1 anni nor State Grant $2,000 i ~ Departmental Supplies EXPLANATION $2,000 To budget an additional State grant received for the Women's Health Service Fund. The funds will be used f.or family planning supplies.. ~ n ... .. Yom'.. - S ~'~`='' -~. ~ ~ ~~y .. 274 .. Por Dudgct OCficcr s approval; thcn rcport t ommissioncrs at scat rcgular ntccting and cntcrin minutcs. To be approvcd by Conunissioncrs. To be cnlcrcd into minutcs.